HomeMy WebLinkAboutResolution - 2008-R0246 - Interlocal Agreement - TTU - Erskine Street Expansion - 07_10_2008Resolution No. 2008-RO246
July 10, 2008
Item No. 6.4
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Erskine Street Expansion
Interlocal Agreement by and between the City of Lubbock and Texas Tech University,
and all related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Executed by the City Council this 10th day of J94 2008.
lloe
TOM MARTIN, MAYOR
ATTEST:
eh ,-ca Garza, City ecretary
APPROVED AS TO CONTENT:
Al
Marsha eed, irector of Public Warks
Engineer
APPROVED AS TO FORM:
Richard K. Casner, First Assistant City Attorney
ccdocs/Erskine Agreement 061909
Contract # M12155
Resolution No. 2008—RO246
ERSKINE STREET EXPANSION INTERLOCAL AGREEMENT
This Agreement is entered into as of the date written below, by and between Texas Tech
University, an institution of higher education of the State of Texas (herein referred to as "TTU"),
acting by and through its President, Jon Whitmore, and the City of Lubbock, a Texas home rule
municipality (herein referred to as the "CITY"), to set forth the rights and privileges granted to
the CITY to allow the CITY to widen, improve, operate and maintain Erskine Street, as further
described below, which is located on the campus of TTU in Lubbock, Texas.
THEREFORE, in consideration of the mutual benefits to the parties hereto, it is agreed as
follows:
I
PURPOSE
The purpose of this Agreement is to establish the terms under which TTU agrees to grant the
CITY a permanent right of access and use to improve, operate, maintain and widen Erskine
Street which is located on the premises further described in the attached Exhibit "A" which is
incorporated by reference herein the same as if fully set out herein (this property shall hereafter
be referred to herein as the "Premises"). The CITY has agreed to demolish an existing structure
located, at least in part, on the Premises (the "Calibration Station"), as further described in
Exhibit "B", attached hereto (the "Calibration Station Premises"), and pay the amount stated
herein as consideration for TTU's loss of the use of the Premises.
This Agreement covers only the matters specifically addressed herein.
11
CONSIDERATION/ACCESS
For and in consideration of the CITY's payment of forty one thousand four hundred dollars and
no/100 cents ($41,400.00) (the "Monetary Consideration") to TTU and for the additional good
and valuable consideration described herein, TTU, subject to the terms and conditions contained
herein, does hereby agree to grant to the CITY, its legal representatives and successors, (i) in the
form as attached hereto as Exhibit "C", the right to temporarily access and use the Calibration
Station Premises for the sole purpose of demolishing and removing the Calibration Station and
locating overhead electric utilities; and (ii) in the form attached hereto as Exhibit "D", the right
to permanently access and use the Premises for the sole purpose related to constructing,
improving, maintaining, operating, repairing, reconstructing and expanding Erskine Street and
including the right to utilize said roadway for the placement and operation of utilities and for
pedestrian traffic and use, which is located on the Premises and the right to use and pass in, on,
over, upon, along, under and across the Premises for the purposes stated herein.
The CITY shall have the rights of ingress, egress and regress at all times to accomplish the
following purposes: to install, operate, relocate, construct, reconstruct, add to, maintain, inspect,
patrol, enlarge, repair, replace or otherwise improve Erskine Street and its appurtenances, as
provided herein, upon, over, under and across the Premises for purposes of the right of access,
which shall include, but not be limited to, any and all equipment and devices necessary to
Page 1
CONTRACT Na
= 857 9
provide and maintain said street and appurtenances in a safe manner. However, the CITY shall,
at all times, maintain convenient access to the TTU facilities located on property adjacent to the
Premises ("Adjacent TTU Property") and shall not unreasonably interfere with TTU's use of the
Adjacent TTU Property.
On or before July 1, 2008, TTU shall execute and deliver to CITY a Temporary Construction
Right of Access and Use, in the form attached hereto as Exhibit "C", for the benefit of CITY
covering the time period of July 1, 2008 to July 31, 2009 to allow the CITY to meet its
obligations under this agreement. Upon completion of the demolition and removal of the
Calibration Station, as provided herein, and the payment to TTU of the Monetary
Consideration, TTU shall execute and deliver to CITY a Permanent Right of Access and Use
in the form as attached hereto as Exhibit "D" subject only to the Premises continuing to be
used as a street or roadway, which shall be suitable for filing in the Lubbock County Real
Property Records.
III
ADDITIONAL CONSIDERATION
As additional consideration for TTU's grant of the right of access and use to the Premises, the
CITY hereby agrees to demolish and remove the Calibration Station located on the Calibration
Station Premises. The CITY shall demolish and remove this structure solely at its own cost and
expense. The CITY hereby acknowledges that it is aware that the Calibration Station may be
contaminated with asbestos and, to the extent allowed by law, agrees to accept all liability with
regard to the cleanup, control, management and disposal of said asbestos found therein or
thereon in accordance with local, state, and federal laws. The CITY, to the extent allowed by
law, hereby agrees to accept all liability with regard to the cleanup, control, management and
disposal of hazardous wastes and contaminants found in or on the Erskine Street roadway, as
existing as of the date of the execution of this Agreement to the extent caused by the use of the
Erskine Street roadway as a public thoroughfare, in accordance with local, state and federal laws.
If the CITY finds or is made aware of any hazardous wastes or contaminants existing anywhere
on or in the Premises, the CITY shall provide written notice to TTU, Attn: Director,
Environmental Health and Safety, PO Box 41090, Lubbock, TX 79409 as soon as possible, but
in any case, within 10 days of becoming aware of such waste or contaminants.
1V
RIGHT OF REMOVAL
The CITY has the right to remove all trees, branches, or other obstructions which might intrude
into and endanger or interfere with the operation, safety, or efficiency of Erskine Street. Such
removal will be in coordination with TTU; however, no approval shall be required prior to any
action being taken by CITY hereunder.
The CITY further agrees to conduct all activities on the Premises in such a manner as to not
unduly interfere with the conduct of TTU's business during such activities and CITY shall, at all
times, maintain convenient access to the TTU facilities on Adjacent TTU Property. TTU agrees
to cooperate with the CITY and not unduly interfere with the activities to be conducted by the
CITY on the Premises so long as TTU is notified in writing to TTU, Attn: Director, Physical
Plant, PO Box 43142, Lubbock, TX 79409 five (5) days prior to commencement of construction
activities.
Page 2
V
HOLD HARMLESS/COSTS
To the extent provided by law, the CITY shall indemnify and hold harmless TTU from all
claims, loss or damage to persons or property resulting from its improvements, modifications,
installations, operations, or maintenance on the Premises, to the extent, and only to the extent, (i)
the negligence of the CITY caused in fact such claim, loss or damage; (ii) the CITY would be
liable in law for such claim, loss or damage; and (iii) any and all immunities available or
applicable to the CITY for such matters have been validly waived by statute. The CITY shall
bear all costs for improving, installing, repairing, and maintaining the street, right of way and
any appurtenances on the Premises. CITY shall install and maintain all streets, roadways, signs,
traffic signals and other appurtenances under this right of access and use in substantially the
same manner as it installs the same or similar projects in the City of Lubbock. Nothing herein
shall be construed as a waiver by CITY of any immunities from suit or liability of any kind,
whether provided by state or local statute, or otherwise.
V1
TERM
This Agreement shall continue for as long as the CITY continues to use the Premises for a public
street or roadway pursuant to this Agreement, and it is automatically renewed annually unless
abandoned as provided herein. For the purposes of this Agreement, "abandoned" or
"abandonment" shall mean the complete, permanent and intentional cessation of the use of the
Premises as a public street or roadway. The CITY shall enjoy the rights, benefits, and privileges
conveyed by this instrument only until such time as the public street or roadway located on the
Premises is abandoned or removed, at which time, all rights and interests of the CITY to access
the Premises shall revert to TTU, or the party that owns the fee title to the Premises at such time.
VII
OTHER CONDITIONS
In the event any term or provision of this Agreement is found to be invalid or unenforceable,
such findings shall not affect the validity or enforceability of the remainder of this Agreement
and this Agreement shall be deemed to be modified to exclude such illegal or unenforceable
provision, unless the affected portion is determined to render illegal or unenforceable the
obligation by TTU to grant the permanent right of access to CITY, in which case TTU shall
remit to CITY all funds expended after the execution of this Agreement in the demolition of the
Calibration Station and the construction or expansion of the roadway on the Premises and further
in such event, such findings shall terminate the entire Agreement. No waiver by either party of
any term or condition of this Agreement or any breach thereof shall be construed as a waiver of
any other term or subsequent breach of that or any other term or condition hereof.
Vlll
ADDITIONAL INSTALLATIONS
TTU reserves the right to access and use the surface of the Premises in the same manner as is
allowed to any other member of the public and furthermore, TTU reserves the right to place
electrical, sewage, water, communication or other utilities under the Premises as needed for TTU
to develop property adjoining the Premises. TTU's rights herein shall be coordinated with and
shall not unnecessarily interfere with utilities placed under the Premises by the CITY.
All such utility installations contemplated herein by either party shall be made at the cost and
expense, including without limitation costs and expenses related to repairs to the roadway made
Page 3
necessary or advisable by the utility installations, of the party who installs the lines or other
facilities that cross or lie with those already in place.
IX
DUTY TO RESTORE
It is further understood and agreed that this Agreement is executed on the condition that upon
abandonment of the street or roadway located on the Premises as described above, the CITY
shall restore the Premises to substantially the same condition as the same were prior to any street
or roadway construction, without cost to TTU, its successors and assigns. Upon restoration, TTU
shall assume the right to use the surface of such area for any and all purposes. The CITY shall
not be required to restore the Calibration Station or any similar structure.
It is further agreed that the CITY shall pay any damages which may arise to improvements
located on adjacent TTU Property that are intentionally or negligently caused by CITY in the
improving, maintaining, operating, replacing, protecting, repairing, or removing the street or
roadway described above.
X
RIGHT OF ASSIGNMENT
This Agreement is not assignable by either Party without the other Party's prior written approval.
This Agreement shall be binding upon the parties hereto and their respective legal
representatives, successors and permitted assigns. This Agreement is not to be considered as a
precedent or course of dealing to which the parties will be bound in the future.
XI
LOCATION
TTU acknowledges and agrees that the location of the access is based on the signed and sealed
metes and bounds attached as part of Exhibit "A".
TTU binds it and its successors, and assigns to WARRANT and FOREVER DEFEND, all and singular,
the rights granted to the CITY by this instrument.
XII
AUTHORITY
TTU represents and warrants to CITY that TTU has the statutory and legal power to execute,
deliver and perform this Agreement and all agreements and/or conveyances contemplated herein,
including without limitation, the Rights of Access, attached hereto as Exhibit "C" and "D" (for
the purposes of this Article XII, collectively referred to as the "Agreement"), and that the board
of regents of TTU has taken all actions necessary to authorize the party executing this
Agreement to bind, in all respects, TTU to all terms and provisions of this Agreement, and that
such person possesses authority to execute this Agreement and bind TTU hereto. The provisions
of this Article XII shall survive this Agreement and the delivery to the CITY of the Rights of
Access, attached hereto as Exhibit "C" and Exhibit "D".
CITY represents and warrants to TTU that CITY has the statutory and legal power to execute,
deliver and perform this Agreement and all agreements and/or conveyances contemplated herein,
and has taken all actions necessary to authorize the party executing this Agreement to bind, in all
Page 4
respects, CITY to all terms and provisions of this Agreement, and that such person possesses
authority to execute this Agreement and bind CITY hereto. The provisions of this Article XII
shall survive this Agreement.
XIII
INTERLOCAL AGREEMENT
Each party paying for the performance of governmental functions or services hereunder shall
make those payments from current revenues available to the paying party.
WITNESS THE EXECUTION OF THIS INSTRUMENT this day of
2009.
TEXAS TECH UNIVERSITY
_ , 0
Jon hitmore
President
CITY OF LUBBOCK
TOM MARTIN, MAYOR
ATTEST:
Reb ca Garza, City Secretary
APPROVED AS TO CONTENT:
r) P
Marsha Reed
Director of Public WhIorks
Larry Hert
City Engineer
Page 5
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
Page 6
z
0
................ A . l E
T
al OWN *A
u 10.25ACRES "THF,
NWBDIVIDED TRACT
SECMN 22, BLOCK A EXHIBIT NA'
Pop 100 3
ell RlYIR 0/ *a Ai QUa CM Atom
AREA ftMMAUHWwjLW4A9W
rn
co
"THE PRF',MINE.r''"
Grantor. Texas Tech Unhrersfty
EXHIBIT "A"
Pape a of 3
Being 1.376 acres of land out of Section 22, Block A, Lubbock County, Texas
as conveyed to Texas Tech University and recorded in Volume 81, Page 345
of the Deed Records of Lubbock County, Texas, which said 1.376 acres of
land is more particularly described by metes and bounds as follows:
BEGINNING at a railroad spike, set on the North line of Section 22, Block
A, for the Northwest corner of this parcel, whence a railroad spike found for
the Northeast corner of Section 22, Block A, bears South 88"06'43" East, a
distance of 1864.98 feet;
(1) THENCE South 98°06'43" East, along the North line of said Section
22, Block A, a distance of 922.91 feet to a railroad spike, set for the
Northeast corner of this parcel;
(2) THENCE South 01"53'59" West, a distance of 52.55 feet to a concrete
right-of-way monument, found for a right-of-way corner of Loop 289 and a
corner of this parcel;
(3) THENCE South 35°24'30" East, along the existing right-of-way line of
Loop 289, a distance of 15.60 feet to a 'ie" Iron rod with cap, set for the
Southeast corner of this parcel;
(4) THENCE North 88"0643" West, a distance of 932.25 feet to a 'fx" Iron
rod with cap, set on the East line of Tract H, Physicians Surgicenter of
Lubbock Addition as recorded in Volume 10106, Page 53, Official Real
Property Records of Lubbock County, Texas, for the Southwest corner of this
parcel;
X
HIGH TECff L414D AND CPS SURVEYORS, LYi~
3330 7tdh SL, Suim 202 • Lubbock. That 79413
(806) 798-0020 • F"x (W) 792.1646
2 of 3 Page 8
'THE. PREMISES"
EXHIBIT "A"
Page 3 of 3
(5) THENCE North 01"50'17" East, along the East line of said Tract H, at
10.00 feet pass a Ih" Iron rod with cap, found for the Northeast comer of
said Tract H, continuing for a total distance of 65.00 feet to the point of
beginning.
A plat of even survey date herewith accompanies this legal description.
Bearings are based on Texas Plane Coordinate System NAD 83, Texas North
Central Zone.
SURVEYED ON THE GROUND AUGUST, 2006 .4 411
REGISTER PROFESSIONAL LAND SURVEYORtsi�¢�°
REVISED APRIL 24, 2 7
X
h7G&7ECH LAND AND GPS SMEYOBS, INC
3330 ?M St. Suae 202 • Lubbod4 tam 19413
(SM) M-0020 . fax (9W 792-1646
PARMAX 435,295
3 of 3
Page 9
rsolm E'l P.O.B.
---------------—
F -
TEM S
PORARY DEMOLITION EASEMENT -'W
S 3574'30
00 Va 4.5 W 698.93,
b ORE slagy
'is
I LCOCR-EIrt &1?5 UNS 10-25ACRES
z UBMIDED TRACT
SECTION 22, BLOCK A
TEMPORARY DEMOLMON EASEVENT DESCRIPTION
FELD NDTFS,o,., 1.1, CKr2 jI,:j el a VSc�cr, Iona"of fcw c.voeyed ja 7*xog 7HriirNwr.ily U4; ul LAAbm. Cavfy, Tory,;, sj�j tract of lundjq.j,'. qN1 �19,,;
wd follrw�
14 Fulrood 3446 tone ("? L"_ "10011, lint 01 S-roan 12 940 A 4or the Wrfrjl.vvsj tq%,r,ju
Of Said If.".6 LCII� 175 om"ll"l-11,01-7 damollficil owneny-nil,
4:),: tCXU`ld for tho ol sa^ SecLnn P?jl,,ii:i A,I)t-OrS Nrfjfi 58-or,'.1y
d'A-rct, of b41!' * 1_co
rem: (orpiq It./ N3f7 I. -IS
f" vn'�-' Sr` Wit !i, Bolt' A 15 ds'-' 3 feet
flIr-l-L-I -1mic !w&w f" tllp •1?15 wx li jci ani4 this !.?6 n,. a !ejjjpu-o y
T I T1,11 55 W' alky c thr ives, rt' rif Af,� Li! Llcj, 2W C, &A n'
r;,,'t of w-,5, ii::criinent mj;;jj fl., - kJ ZJ°T"lr "' `ri' 1005 1'(10 ur. 0 v), r .1 of 06, 1 lk, cure Scmc:jrir,,
FU!i- *nq ire Mmz! rNIM of q_y how if Loca 2,N 1) '-detw" of 15.60 tees to
lhf'NCl'r Foil 010 -4T 'toilet 141 rj .-I-I'K-r of 1,76 or.,::
110CC NCOr - 48'rl'-A I" Arq; 0�ii— jI-,q, pr feW to :i Vj" iiiiii -d -, , J I 'Qil t c,' v ly ro w. -*hm }peer. c F)wwa' of 2
v a -:vnr.-r -A iomporzry lo,imill;Dil uoqj)rr,06-..
'00it b a ;,' imi r.,,:, wth pop, sal So,,ti.tos-
;-.riief of '%�m 'I Tt t)tf'e tMVor(FI, ir!,;vrzjI:
-Hrx(;E
t 01�wp :etl 5W DINP kv-1, i Sr,' "on rA .riot,17fl 1, Carter - .-it (cl 4 Carter o'
�--vQ-'0ry
'I t1C4't-I C" ]�,e; to a •mi r-,d Pi k,.up. 3el ol 1'6 p4e,_c.,i
Va.. I'S' ,l I I dL 0
IC � for 6 Cc"-nrlr U� L111" -;6 0C4 149�-Cr-y� TrK4i('Cn t Serreej;
WK7 IN FV1 f""Y fiios- 0""q I, - P'-�j,osej rigtit of any fin- -,I L �:kww, Sjrt,)j a 1. '1,
tl:;s 9.7 Z—,i 0 ly;' "tn r;d Vfh k ay. 'f"w'%(Fry v
T-7?,k':r N;a is
"I ,11 ylF 3- "IrS Of Smd If" 45 C�i s dj-,j,
65A'J fR4-. to
MOO.
If
an tn.
N
EC' RISOCKA
,//' 41,
oymp"
Jfj Ifl; Wil"OMMU� 9, 29; 1
fi-XiKay crkl—1 I 'qAI I'lls 5j"iV:.Y Rk' WADr C:,
IF' t'PKNEI Wit VtCCTION N
ANO 1}'A1 ;HIS Fi.Af 15 TRA Afg) r% R F V. I -,I THE
It INGOLIP'"ll" am
am of A ab Am min
WIN Z2. 1114111131 $.
4.110111110% CWTAW
i"fl"Dw fv �. MOM A
53-sot m - immALIX hie
OW YN-M - Fm *Z' 7w. YA
m
ro
(D
CD
m
x
m
X
O —i UD
70 q
M
0
0
03
Lqw ove wi_
Ming 1.76 sees ortaad ad of Sdtiue 22. ON.* A. Ldiiaf Cosy Turs a ceft d o Teas Two
Lki,-tih add eel 1, is Vabr 9L Mg Day of the dm1 p.®rds d La66ack Caaay. Tom Lich
said 1.76 acre dhed is Nam pttrtioiaty dm-nlud by -sews wA isdads a 60'
BPd..rMuM a ■ mioW apie RmW r Aw North Tae afSea(as T2. H1srt A for Ibe plosdrr® moer
of said laz am Ina and da Tar ww aordn Ot" 1.76 sow togray dsaarki- omen ad�c
tie • rYYaad fptx sotad fmtr tha lisrdtr®aseesa of eid Swiss a1. B1adt A, read atni td'O6Y7"
Wca. • Ynatte: dl� i 5A0 feel
77fReC� Satai a-pfdD' l7at � dte Isa16 We dteid Soeti,tt z'. B6ct A. ■ dfemntds dfl22.91 6d
lot o2road Ipld fwwr hw Ihr Nae"1 cnna of dd ism sea ,rd dad an 1.76 see eaopcm
dassiiies aaaenaiC
TIIEW'E Sods o1'i7'W Wesk slap do Wei d&W of wry Disc of L.V 229. ■ igarss cf 52.9i lad to
, riffs array moer.actll turf fa, c orw d ore 10.27 soe trail rd , cocas d tls 1.76 data
Impaay desoame amasses
THEMM Smi 35-2C3r &a. dmq Ike Wuu eiM1 of rq Tit` dloop 2W. a di22sr: of I5AG t-ca to a
SS".mondrkbsWfoodfhraca ofails1.760ae%-Fm=7ioeeoliaae ss.eca
THO<E Was ttf'Wd r Wet ab%the Atop and r*M of ray Go of Fakie Stead, a tlmex of 35.22
fm to a Ifr Mon wd with op, as for a Cap" arok 1.0 sea eenpearydammaud . comemotot
THENCE Saab01'SYITMkw.aifiskoOSC71sfix, e,■16'hmsodtrifleapffiitdwSrahaa
arse` of ti6 1.76 see agar dampoi a moat;
lHeNC.'E NsrN p'WO" l/etk a dhmoe of 14737 &a to a W imm red "b op. set foes mover of IfrM
1.76 doe sdaprayramTlim meme C
T7094M Beds 01 "JY 17"Emx a dMtatx of o4.76 fed to a ii' km wad rift cap, m an dte ptopmed 6*
of w" Ise of fair Sateet fir a vomw atdea t.76 age aaparrdesdkise amp
THENCE Mods U'W4r Weal, drag the prWrtped dgk Of"W Ilse d£akite sheet a dmm= of
69ft.93 fee o a W wm dad rii cap, feed ftr tic Saudkma nine ofdd, 1.76 sec s atporay
ateawlwm Ott;
iHFwE Numb oi'371r Fist ditto{ ow wm lK of said icm sae tract a drama t d65j0 fm to the
poi` or--,rals®.
2 of 3
Pace T I
Exhibit "B"
"Calibration Station Premim"
3 of 3
Page 12
Resolution No. 2008—RO246
EXHIBIT "C"
To
Erskine Street Expansion Interlocal Agreement
TEMPORARY CONSTRUCTION RIGHT OF ACCESS AND USE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS:
That, TEXAS TECH UNIVERSITY, a component of the Texas Tech University System,
an institution of higher education of the State of Texas located in the County of
Lubbock, Texas, hereinafter referred to as Grantor, for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable consideration, the sufficiency of
which is hereby acknowledged and confessed, do by these presents Grant, Give and
Convey unto the CITY OF LUBBOCK, Texas, a Texas home rule municipality, a
temporary construction right of access and use for the purpose of demolishing
and removing existing structures and locating of overhead electric utilities in,
along, upon and across that certain property located in the County of Lubbock, State of
Texas, more particularly described in Exhibit "A" (the "Premises"), which is attached
hereto and incorporated herein for any and all purposes, in accordance with and subject
to a separate agreement between the parties entitled the Erskine Street Expansion
lnterlocal Agreement dated , 2008, which is incorporated by reference
herein.
It is hereby understood and by the acceptance of this instrument it is recognized that
Grantor retains title to all of the oil, gas, sulphur and other mineral interests in and under
said land, but waive any and all rights of ingress and egress to the surface thereof for
the purpose of exploring, developing, mining or drilling for same; provided, however,
that operations for exploration or recovery of any such minerals shall be permissible so
long as all surface operations in connection therewith are located at a point outside of
the property described in said Exhibit "A," and upon the condition that none of such
operations shall be conducted so near the surface of said land as to interfere with the
intended use thereof.
This temporary construction right of access and use shall commence on the 1st day of
July 2008, and shall expire on the 31" day of July 2009.
TO HAVE AND TO HOLD unto the said City of Lubbock as aforesaid, for the purposes
and on the conditions set forth hereinabove, the Premises described in said Exhibit "A"
and Grantor hereby binds itself, its successors and assigns, to Warrant and Forever
Defend, all and singular, the said right of access and use of the Premises as granted
herein unto the City of Lubbock, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
Page 13
IN WITNESS WHEREOF, this instrument is executed on this the day
of .2008.
TEXAS TECH UNIVERSITY
Jon Whitmore, President
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on this day of 2008, by
Jon Whitmore, President of Texas Tech University.
Notary Public, State of Texas
My Commission Expires:
Page 14
A 35-24'30' E
TEMPORARY DEMOLITJON EASEMENT r5j,59- w
ONE
COM09-ITE BlInG,
10.25 ACRES rl
UNSUBDIVIDED TRACT —N W-J.9T7r
SECTION 22, BLOCK A
. . . . . . . ....
IEUPORARY DEMOLMN EASIZMENT DESCRIPTION
rEt.0 IN.-IFG cc,. tj.;!:j ,I "I It ftcrE� ttm':i of kv1d C—Iryed '.-- Te.— T�ct
in pq.)t 34',,, -1i-1A Re-:wdr A Lt. C-ourty Tp.im. _i - tr.-ct of �arvd ,)-�,na
22, t),, 11op'.tp�
uod folle-,
rj.-Gr4N?C- roorc--d r."' on '411fth line 01 :;trfion A io- ina Norfhw.-,t C.01T-
"It M11 14" c!" 1c-, t1av( Ind Ile 9f '.hi;?, V u"ydemolition demolition frmo.-wx.t. -w,,c,.ht , •ai-pqo for lhq- %lon ,,kheor3Vora Sr, jrs3, wC11itcrck Of .11t15 01
`tA'O6'43, r.*,F;7 kilt?119 lhC 1�11--h 11).. r,-' �f;jr S l,t_ '4-12 'P
sect
LkC t� jj� _.? J 0
for t,'O �,'
.r.,
Soil., Wsl "Of -1 h---- 2F-ISt. tv.,
r1r f ,f r7�.r 0 - t;!j lee' 40
(rd 0 -:!v.-rer W
Ew- ul,-q wi,-��! 1, 1 of 2.�4p, 3 el fp ct to
10-d wltn Ce• . It'j'a of ZI - ort t lemo:r-,pr? domffitlrr
W '41:C Ncqo, k,;10.;;14
1C. '01 -f,,t 'M:-, 1ai c.--wav iro a� rZ.l S 6mfnnea 'It 1-7,22
1(�' 1--n- 1E uase-en-.
vWes'. OnIr"'. er".
:;,ntr 'If
W-J. q ,f -97 97 feo7 U, !'On frjej �iyh cnp. tvr c corver
1 76
Norh C1
set -i the p-rwnqr. I
r n P.
A-p k- a of -,,a%-
6"', ,'-3 '--n$ T 1--d r th� tj,ir 1.,7&
xr
flid
=C - I
qp
UhJ'W-MKF Li 4. 20f 7
14,M
A41, Ell.
AN;j 1HA -fi F..A iH TR A D
ZI
(M U�. can pk,.w 'u. CXxjb*AM I
P pawmiTm" Eon.
w Of A W5 Am TMF
UCIMM 22.KDCK A.
Lvdm= 0"M7'lim
. . .... .......
ISM7ft Sl- WE 202 - LLIMX, it 7J.,s
.am ?Wff= - F" M61 7612-11.6
1 In
Exhibit "A"
, I , 0
Temporaty Construetion Right of Access and Use
Ugal Dc*critrtion of "Calibre ' a Station Treatises'
Beim 1.76 acres of land out of Section 22, Brock A, Luhbock. County, Tcxav as convcyud to Texas Tech
Unhvtsity and recorded in Votunw 81, Page 345 of the M-ed Rcetwdts of Lubbock County, Texas, which
said 136 acres of laud is more partiruImiy deswibed by rnALs and bow" as follows:
BMINNING at a raitroad spike found on the North line of Section 22, Block A for the Northwest corner
of said 10.25 we tract and the Northwest corner o€this 1.76 acre ternporary demolition easement, whence
the a milmaii spike found fur the Northwest carrwr of said Section 22. Block. A, bears north SS' 0643"
West, a distance of 3415.00 feet;
lI tENCE Sotait SR`06'43" East ainng the worth line of said Section 2?, Block A, a distance of 922.91 fLet
to a raikmad spike fount for lbe Nuriltwrt corer of said 1025 acre tract and this 1.76 acre temporary
demolition caswmum.
THFNCF S—c"h 01 ' 53'59" West, along the West right of way line of Lip 289, a distance of 52.55 feet to
a right of way nxi urmvt found for a comer of said 1025 acre trad and a corner of this 1.76 mxc
temporary demofltion easement.
THENCE South 35' 24'30" East, along the West right of way line of loop 289, a di%wnc-e or t 5.60 feet to a
!h" iron rod with cap tbund for a cement of thts 1.76 acre temporary demolition easrment,
THENCE North 88'0643" West, along the ,proposed right of way line of Errskine. Suet(, a distm= of 35.22
fit t to a 112" iron rod with cap, set for a corner of this 1.76 acre temporary demolition casernent;
THENCE Soutb 01 "53' 17" West, o distance of 84.76 feat to a V," iron rod with tiap, sct for cite Southeast
nutrias ofthis 1.76 acre temporary demolition ea"ent;
THENCE North 89.0643" West, a distance of 197.97 f(vt to a 'ir" iron rod with s-r{). set for a corner of this
1,76 am- temporary demolition easement
THENCE 'North 01 ' 53'17"East, a divzwe of X4.76 feet to a !n" iron nxl with cap, .WL an The proposed right
of way lint of Erskine Street, tvr a corner of this 1.76 acre trsrrorary ctemulit.isrn easement;
THENCE North 88'W43" West, along the proposed right ofway line ofErskine Stem:, a distance of
699.93 fctX to a Mi" 6vn rod with cap, found for the Souttrwest corner of this 1,76 ,xrr temporary
demolition. eawment;
THENCE North 0l. ` 50'i 7" East, along the West title nt` said 10.25 acm ira" a distance of 65.00 Reet to the
point of beg! ring.
2 of 2 Page 16
EXHIBIT "D"
To
Erskine Street Expansion Interlocal Agreement
PERMANENT BIGHT OF ACCESS AND USE
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS §
COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS:
That, TEXAS TECH UNIVERSITY, a component of the Texas Tech University System,
an institution of higher education of the State of Texas located in the County of
Lubbock, Texas, hereinafter referred to as Grantor, for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable consideration, the sufficiency of
which is hereby acknowledged and confessed, do by these presents Grant, Give and
Convey unto the CITY OF LUBBOCK, Texas, a Texas home rule municipality, a
permanent right of access and use for purposes of constructing, improving,
operating, maintaining, repairing and reconstructing a public street or roadway
thereon, together with the rights of ingress, egress and regress at all times to accomplish
the following purposes: to install, operate, relocate, construct, reconstruct, add to,
maintain, inspect, patrol, enlarge, repair, replace or otherwise improve the public street
or roadway and its appurtenances, which shall include, but not be limited to, the right to
utilize said roadway for the placement and operation of utilities and vehicular and
pedestrian traffic and the use of any and all equipment and devices necessary to
provide and maintain said street or roadway and its appurtenances thereto, in, along,
upon, over, under and across that certain property located in the County of Lubbock,
State of Texas, more particularly described in Exhibit "A" (the "Premises"), which is
attached hereto and incorporated herein for any and all purposes.
The City of Lubbock has the right to remove all trees, branches, or other obstructions
which might intrude into the Premises or endanger or interfere with the operation, safety
or efficiency of the public.
It is hereby understood and by the acceptance of this instrument it is recognized that
Grantors retain title to all of the oil, gas and sulphur and other mineral interests in and under
said land, but waive any and all rights of ingress and egress to the surface thereof for the
purpose of exploring, developing, mining or drilling for same; provided, however, that
operations for exploration or recovery of any such minerals shall be permissible so long as
all surface operations in connection therewith are located at a point outside of the property
described in said Exhibit 'A," and upon the condition that none of such operations shall be
conducted so near the surface of said land as to interfere with the intended use thereof.
Page 17
TO HAVE AND TO HOLD all rights granted herein in, along, upon, over, under and
across the Premises described in Exhibit "A" together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging, unto the said City of
Lubbock, Texas forever so long as the premises described herein are used as a
public street or roadway; and Grantor hereby binds itself, its successors and assigns,
to Warrant and Forever Defend, all and singular, the said permanent right of access and
use of the Premises as granted herein unto the City of Lubbock, Texas, its successors
and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the day of
, 2008.
TEXAS TECH UNIVERSITY
Jon Whitmore, President
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared Jon Whitmore, President, Texas Tech
University, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purpose and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
.2008.
NOTARY PUBLIC
In and for the State of Texas
Page 18
After recording, please return this instrument to:
City of Lubbock
Dave Booher, Right -of -Way Agent
P.O. Box 2000
Lubbock, TX 79457
With a copy to:
Ronny Wall
Office of General Counsel
Texas Tech University
PO Box 42021
Lubbock, TX 79409-2021
Page 19
p
w
'yWi S< C ...--r... i -._-•. 'r"1!.— y ... .�.. -.., ._..-._e,.__-.. _.--F,.._....... _.. .r- .. . .1�.- _.. ..—.. Yv'..n-. �'"'4 -_ .._..—....-..,.
x /
I f
t
' 10.25Acesj EXHI83T Aw
UNSU YIDED TRACT
SEC-nON 22, BLOCK A aooe 10! S
z 480MICr4 rud E4fA7. jpZRl,AIIIQA 14.4y1 �4RNi
$L474 ACM
oar
Vi
d7 i f ..OF
r�... �LE
t ..
... , .... 1 + . �.
� C,AP'f D. V1+ILSOH � a �,m•w'�"-�"'��"e"ir.»�__p
/ Y :�yr l") sswi wr �yE
cPfli fi�:.ay!yR�Py_w-�a�yy..��yM'p
�Yaa, bJ
� I �ME_Ytl lIY,y1�F.k 11'e
/ ,�1�M•M YPNFM
c
U)
IVY
"TEE PRENIISES"
Grantor: Texas Tech University
EXHIBIT "A"
Page 2 of 3
Being 1.376 acres of land out of Section 22, Block A, Lubbock County, Texas
as conveyed to Texas Tech University and recorded in Volume 81, Page 345
of the Deed Records of Lubbock County, Texas, which said 1.376 acres of
land is more particularly described by metes and bounds as follows:
BEGINNING at a railroad spike, set on the North fine of Section 22, Block
A, for the Northwest corner of this parcel, whence a railroad spike found for
the Northeast corner of Section 22, Block A, bears South 8M6'43" East, a
distance of 1864.98 feet;
(1) THENCE South 88006'43" East, along the North line of said Section
22, Block A, a distance of 922.91 feet to a railroad spike, set for the
Northeast corner of this parcel;
(2) THENCE South 011,53159" West, a distance of 52.55 feet to a concrete
right-of-way monument, found for a right-of-way corner of Loop 289 and a
corner of this parcel;
(3) THENCE South 35024'30" East, along the existing right-of-way line of
Loop 289, a distance of 15.60 feet to a 'h" iron rod with cap, set for the
Southeast corner of this parcel;
(4) THENCE North 88006`43" West, a distance of 932.25 feet to a 'h" Iron
rod with cap, set on the East line of Tract H, physicians Surgicenter of
Lubbock Addition as recorded In Volume 10106, Page 53, Official Real
Property Records of Lubbock County, Texas, for the Southwest corner of this
parcel;
HIGH-TECH LANDAIYD GPS SUR VEYOAS, INC
3330 70th St.. Suite 202 • Lubbock. Texas 79413
(806) 788.0020 • Fax (806) 792-1646
Page 21
2of3
' iFfT
PREMISES"
EXHIBIT "A"
Page 3 of 3
(5) THENCE North 01050'17" East, along the East fine of said Tract H, at
10.00 feet pass a 1/2" iron rod with cap, found for the Northeast comer of
said Tract H, continuing for a total distance of 65.00 feet to the point of
beginning.
A plat of even survey date herewith accompanies this legal description.
Bearings are based on Texas Plane Coordinate System NAD 83, Texas North
Central Zone.
SURVEYED ON THE GROUND AUGUST, 2006ko`��F Gti9�i
. e. ........ scN
REGISTERIN PROFESSIONAL LAND SURVEYOR
REVISE APRIL 24, W07
HIGH.TECH LAND AND US SURVEYORS, IX
3330 70th St., Suite 202 • Lubbock. Texas 79413
(9061788-0020 • Fax (SW 792-1646
PARTDOC #35,295
3 of 3 Page 22