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Home My WebLink AboutResolution - 2010-R0033 - Contract 9270 With Patsy J. Day Construction Easement For Lake Alan Henry - 01/28/2010Resolution No. 2010-R0033 January 28, 2010 Item No. 5.9 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 Amended Water Line Easement for a pipeline easement interest located on certain property owned by Patsy J. Day, located in Garza County, and all related documents. Said Easement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of Jr _ , 2010. TOM MARTIN, MAYOR ATTEST: Rebecc Garza, City Secretary APPROVED AS TO CONTENT: A -AA A 4-- 1/0 � j Mars a eed, P.E., Chief Op ation Officer Da -2-6 IdaoO& Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Attorney Res Amendend Water Line Easement -Patsy J Day 11 609 Resolution No. 2010-R0033 AMENDED UNDERGROUND WATER. LINE EASENENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS• COUNTY OF GARZA § THAT PATSY J. DAY, a married woman as her sole and separate property, being a resident of Lubbock County, Texas, hereinafter called "GRANTORS" whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLARS ($1.00) to them in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further good and valuable consideration in benefits accruing and to accrue to the remainder of GRANTORS' property have by these presents GRANTED, BARGAINED, SOLD and CONVEYED unto the CITY OF LUBBOCK, its legal representatives, successors and assigns, for the use of the public as a perpetual and permanent easement, the free and uninterrupted use, liberty of passage in, on, along, over, upon, under and across all that property lying and being situated in Garza County, State of Texas, and being more particularly described as follows, to - wit: The legal descriptions of the two (2) parcels of land encumbered by the Underground G Water Line Easement granted to the City of Lubbock in Volume 184, Page 811 in the Real E Property Records of Garza County, Texas shall be amended to read as follows: 7 TRACT 1 1J FIELD NOTES describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in the Northeast corner of Section 120, Block 5, H. & G.N. R.R. Survey, Garza County, Texas, and said pipeline centerline being described as follows: BEGINNING at a 1/2" iron rod with cap, set on the East line of said Section 120 for the beginning of this description, from whence a 1-1/4" iron pipe found for the Northeast corner of said Section 120 bears North 1° 07' 12" East, a distance of 2459.58 feet, said point of beginning having a project coordinate of Y = 7093976.55 and X = 1169804.94; THENCE north 59° 08' 34" West, along the centerline of said Sixty -Foot (60') snide permanent pipeline easement, a distance of 174.92 feet to a point; THENCE North 58° 35' 26" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 4708.00 feet to a 1/2" iron rod with cap set on the North line of said Section 120, for the end of this description, whence a 1-1/4" iron pipe found for the Northwest corner of said Section 120 bears North 88° 51' 22" West, a distance of 1065.88 feet. Containing 295.93 rods (6.73 acres) The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the survey plat and said temporary construction easement contains 6.54 acres of land. TRACT 2 FIELD NOTES describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in the Northeast corner of Section 104, Block 5, H. & G.N. R.R. Survey, Garza County, Texas, and said pipeline centerline being described as follows: BEGINNING at a 1/2" iron rod with cap, set on the East line of said Section 104 for the beginning of this description, from whence the Northeast comer of said Section 104 bears North 10 08' 45" East. a distance of 91.06 feet. said point of beginning having a project coordinate of Y = 7090953.91 and X = 1175026.08; THENCE North 60° 51' 46" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 194.10 feet to a 1/2" iron rod with cap set on the North line of said Section 104, for the end of this centerline description, whence the Northeast corner of said Section 104 bears South 88° 50' 32" East, a distance of 171.39 feet. Containing 11.76 rods (0.27 acres) The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the survey plat and said temporary construction easement contains 0.07 acres of land. together with the right of ingress, egress and regress at any and all times to accomplish the following purpose, allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining an underground water line, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged either in such construction and repair or the reading of meters. In the event that the Cit+% of Lubbock, in i'._s discretion, determines to constrnct the Justiceburg Reservoir as contemplated by said CITY OF LUBBOCK and does construct such facility, then and only then the CITY OF LUBBOCK will grant to GRANTORS two taps being one tap for said Tract 1 and one tap for said Tract 2, to allow use of the raw water in the pipeline(s) for domestic and normal ranching livestock consumption on GRANTORS' property. No warranty will be given as to the quality of the availability of water from the pipeline(s). GRANTORS will provide a recording meter at each tap to measure the volume of water taken which shall be limited to twenty (20) acre feet per year per tap. The CITY OF LUBBOCK shall have reasonable access to each tap and meter from the purposes of calibrating the same from time to time. In order to assure the said CITY OF LUBBOCK, its successors and assigns of continuing access and enjoyment of said easement, the said GRANTORS do hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent structure over the said property heretofore described, and should such building or structure be erected, it is understood that the said CITY OF LUBBOCK shall have the right to remove said building or structure from the premises. TO HAVE AND TO HOLD the above described premises together with all and singularly the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, its successors and assigns for so long as the public uses the same for the purposes herein granted. As stated above, this document amends the Underground Water Line Easement dated October 12, 1989 and recorded in Volume 184. Page 811, Deed Records of Garza County, Texas, by and between Don Robison and wife, Josephine Robison and The City of Lubbock. EXECUTED this day of�- Patsy J. bay, a separate propel THE STATE OF TEXAS COUNTY OF U OC14- Of• 11 woman as lir sole and BEFORE ME, the undersign54 authority, a Notary Public in and for said County, Texas, on this day personally appeared J - , known to me to be the person whose name is subscribed to the Mregoing inst&ment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 24'wday of 2atb. KRISTIE SAUSEDA *; *= MY COMMISSION EXPIRES Dctoberto,2ott Notary Public, State of Texas FILED FOR RECORD 2010 Mar 05 at 09:41 Ali jifn plritnmer, County Clerk G A COUNTY. TE}fAS DEPur