HomeMy WebLinkAboutResolution - 915 - Easement Agreement- TTU - Improvements, University Ave - 09_24_1981RESOLUTION 915 - 9/24/81
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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 Easement
Agreement between the City of Lubbock and Texas Tech University attached
herewith which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Reso-
lution as if fully copied herein in detail.
Passed by the City Council this 24th day of _September ,1981.
t
B&L'McALISTER,
ATTEST:
Evelyn Gaffga, City Secfetffy�7easurer
APPROVED AS TO FORM:
Sohn C. Ross, Jr., City Attorney
°+ S ass, . ) �!7 27651
EGtS�tiKr / EASEMENT AGREEMENT
RECpRDEd
1NDEXEO
LOM9ASTATE OF TEXAS §
COUNTY OF LUBBOCK §
RESOLUTION 915 - 9/24/81
r,-
ZI7Y_ SECRETARY -TREASURER
f OL i 760 nu 444
THIS EASEMENT AGREEMENT made this24th day of September ,
1981 , by and between the City of Lubbock (hereinafter referred to as City),
and Texas Tech University, an institution of higher education of the State of
Texas, acting herein by and through its duly authorized Chairman of its Board
of Regents (hereinafter referred to as University).
WITNESSETH:
WHEREAS University Avenue in the City of Lubbock, Texas, abuts the campus
of the University and provides for ingress and egress to said campus as well as
movement of traffic around the University, and;
WHEREAS traffic volume has risen steadily over the past few years due to
the growth of the City and the growth of the University, and;
WHEREAS there exists a dire need to improve University Avenue so that
said street will be able to accommodate increase in traffic volume and to pro-
vide safer ingress and egress to the University, and;
WHEREAS the City and the University agree that it is to their mutual
benefit that such improvements be made, and;
WHEREAS there is a need to place utility lines, traffic signals, and
directional signs adjacent to said street along the west curb line, and;
WHEREAS V.T.C.A. Election Code §109.48 has authorized the Board of Regents
of Texas Tech University in Lubbock County to grant easements involving or in
connection with the furnishing or providing of electricity, water, sewage disposal,
natural gas, telephone, telegraph or other utility services on, over or through
the campus of Texas Tech University, and;
NOW THEREFORE for and in consideration of the mutual covenants herein
contained and TEN AND NO/100 ($10.00) DOLLARS and other valuable consideration,
paid to University by the City, the University authorizes the City to exercise
the rights, powers, and privileges hereinafter set forth and does by these
presents grant to the City the easement hereinafter described and being:
An easement to City from University for the term as hereinafter indicated in,
upon, along, over, under, and across that tract of land owned by the University
described in EXHIBIT A attached hereto and made a part hereof for the following
purposes: allowing but not limited to, constructing, reconstructing, repairing,
and maintaining traffic signals, traffic and/or directional signs, any and all
types of water lines, sewer lines, gas pipe lines, electric transmission and/or
distribution lines by the City, together with full rights of ingress, egress,
and regress to accomplish such purposes.
SECTION 1. TERM:
The term of this easement shall be from the date first written above to
the 27th day of March, 2030 to the end that this easement agreement is coterminous
with the lease agreement between the University and the City covering property
adjacent and abutting the property herein concerned dated April 9, 1981,
reference to which is hereby made for all pertinent purposes.
SECTION 2. OPTION TO RENEW:
For and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS
and other good and valuable consideration (and as a separate and additional con-
sideration to the consideration hereinabove set forth) paid to University
by City, the receipt of which is hereby acknowledged and confessed, the University
does hereby grant to City the option to renew this easement for an additional
term of 50 years, the terms of which shall be as set forth in the original
easement agreement between the parties. The City shall give written notice of
its intent to exercise its option to the University at least 6 months prior to
the expiration of the original easement agreement.
SECTION 3. REPAIR OF DAMAGES:
City agrees that it will repair, at no cost to University, any damage to
pavement, turf, or hard -surface areas, if such.there be, occasioned by the
exercise by the City of the rights, powers, and privileges herein granted to
City by University.
SECTION 4. RIGHTS RESERVED:
The University reserves the right to make installations of its own, cross-
ing the installations of City at such point as its deems proper, and to grant
other parties the right to cross same. All such crossings shall be made with
due regard to safety and sound construction practices, and with adequate and
generally accepted clearances, and the University shall require any party to
whom it grants the right to install facilities crossing said easement to make
its installations in such a manner as not to interfer with the installations of
City under this Easement. All such crossings shall be made at the cost and
expense of the party who installed the lines which crossed the lines already in
VOJ /60 PAGE 4*5
IVOL 1760 FAcE 446
place.
SECTION 5. MANNER OF INSTALLATION:
City agrees that it will install all utilities included under this Easement
in the same manner as it installs same of similar projects in the City of
Lubbock.
SECTION 6. MAINTENANCE AND OPERATION:
City agrees that it will maintain and operate all utilities installed
under this Easement in the same manner that it maintains and operates similar
projects in the City of Lubbock.
SECTION 7. PREVENTION OF DAMAGE:
The City agrees it will exercise its best efforts to prevent damage to
lawns,.trees, shrubs, fences and improvements, and will back -fill its excava-
tions in such a manner as to restore the surface of the ground as nearly to its
original condition as possible. It is understood, however, that during the
installation of the utilities contemplated under this Easement that several
trees located in the easement line will be required to be removed in order for
these installations to be accomplished and such trees are excepted from the
effects of this paragraph. City further agrees that any final back -fill grade
will meet with the approval of University and any surplus dirt will be hauled
to other locations on campus as designated by the officials of the University.
SECTION 8. HOLD HARMLESS:
The City agrees to hold the University harmless for any loss or damage to
persons or property resulting from its installations, operations, or maintenance
of the utilities to be installed pursuant to this agreement.
EXECUTED the day and year first above written.
A ST: Seal
Evelyn Gaf a, ity Secfed1v
reasurer
ATTEST: Seat
-21-66
ecretary
CITY OF CI
BY ,
LL 9CALISTER, MAYOR
APP OVED/ ASS TO FORM:
7?k e'"'
hn C. Ross, Jr., City Attorney
TEXPexas
IVERSITY
BY
, Board of Re is
ch Univers
APQVED:0
ndral Cohhsel
THE 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 BILL McALISTER, Mayor, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of the City of
Lubbock, for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this )' day of ,
SeatNotary Public, Lubbock County Texas
My commission expires
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary/ Publicin and for said
County, Texas, on this day personally appeared J. X--d/J611c-y
Chairman of the Board of Regents, 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 as the act and deed of the Board of Regents, Texas
Tech University, for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this c27 day of
1981.
SealNotary Public, Dallas County, Texas
My commission expires a t ml
VOE1760 FACE "447
{VOLI7b0 PAGE 448
EXHIBIT A
A tract of land 15 feet in width lying immediately West of and parallel to
and abutting and adjacent to the entire West line of a tract of land leased to
the City of Lubbock by Texas Tech University for street purposes bearing date
of April 9, 1981, which lease is attached to Resolution No. 770 authorizing the
Mayor to execute said lease, which Resolution No. 770 was passed by the City
Council on April 9, 1981, as set forth in Minute Book 40, page 252 of the
Minutes of said City Council, being Item No. 81-40-252-354(20) at said April 9,
1981 meeting of said City Council, reference to said records of minutes, the
said Resolution No. 770, and the said Lease attached to said Resolution No. 770
being hereby made for a more particular description of the west line of said
tract of land leased to the City of Lubbock by Texas Tech University for street
purposes, the easement being hereby granted to the City being 15 feet in width
as hereinabove located and extending north to south from 4th Street to 19th
Street in the City of Lubbock, Lubbock County, Texas, this 15 feet wide ease-
ment grant tract of land being further described by metes and bounds as follows:
Description of a 15' Utility Easement located in Section 1, Block E-2,
Lubbock County, Texas, described by metes and bounds as follows:
BEGINNING at a railroad spur spike found for the Northeast corner of
Section 1, Block E-2, Lubbock County, Texas;
THENCE S. 89°59'21" W., along the North line of said Section 1, Block E-2,
a distance of 114.70 feet to a point;
THENCE S. 00'01' E. a distance of 54.22 feet to a point;
THENCE Southeasterly around a curve to the right, said curve having a
radius of 24.50 feet, a central angle of 91°31'47", a chord distance of
35.11 feet;
THENCE S. 01°30'47" W. a distance of 404.73 feet;
THENCE S. 04026'25" W. a distance of 150.48 feet;
THENCE S. 00°11'03" E. a distance of 125.02 feet to a point of curvature;
THENCE Southwesterly around a curve to the right, said curve having a
radius of 24.50 feet, a central angle of 90004'41", a chord distance of
34.67 feet;
THENCE S. 00°06'22" E. a distance of 49.00 feet;
THENCE N. 89053'38" E. a distance of 12.03 feet to a point of curvature;
THENCE Southeasterly around a curve to the right, said curve having a
radius of 24.50 feet, a central angle of 89°57'48", a chord distance of
34.64 feet;
THENCE S. 00°08'34" E. a distance of 230.01 feet;
THENCE S. 03030'08" E. a distance of 200.35 feet;
THENCE S. 00007'48" E. a distance of 921.5 feet;
THENCE S. 03°10'17" W. a distance of 200.30 feet;
THENCE S. 00006'05" E. a distance of 187.03 feet;
THENCE S. 06°3821" W. a distance of 100.72 feet;
THENCE S. 00°03'57" E. a distance of 107.01 feet to a point of curvature;
THENCE Southwesterly around a curve to the right, said curve having a
radius of 24.50 feet, a central angle of 89°44'22", a chord distance of
34.57 feet;
THENCE S. 00019'35" E. a distance of 60.90 feet;
THENCE N. 89°40'25" E. a distance of 11.37 feet to a point of curvature;
THENCE Southeasterly around a curve to the right, said curve having a
radius of 24.50 feet, a central angle of 90011'36", a chord distance of
34.71 feet;
THENCE S. 00°0759" E. a distance of 586.96 feet;
THENCE S. 03057'37" W. a distance of 150.40 feet;
THENCE S. 00008'53" E. a distance of 175.02 feet to a point of curvature;
THENCE Southwesterly around a curve to the right, said curve having a
radius of 24.50 feet, a central angle of 90°02'43", a chord distance of
34.66 feet;
THENCE S. 00°06'10" E. a distance of 35.00 feet;
THENCE N. 89053'50" E. a distance of 10.80 feet to a point of curvature;
THENCE Southeasterly around a curve to the right, said curve having a
radius of 24.50 feet, a central angle of 90'02'56", a chord distance.of
34.66 feet;
THENCE S. 00009'03" E. a distance of 370.58 feet to a point of curvature;
THENCE Southwesterly around a curve to the right, said curve having a
radius of 24.50 feet, a central angle of 89°56'56", a chord distance of
34.63 feet;
THENCE S. 00012'07" E. a distance of 29.00 feet to a point on a curve;
THENCE Southeasterly around a curve to the right, said curve having a
radius of 24.50 feet, a central angle of 90°03'04", a chord distance of
34.66 feet;
THENCE S. 00009'03" E. a distance of 20.00 feet;
THENCE S. 01016'02" W. a distance of 250.07 feet;
THENCE S. 01024'50" E. a distance of 240.01 feet;
THENCE S. 09046'15" W. a distance of 111.76 feet;
THENCE S. 00°05'17" E. a distance of 302.93 feet to a point in the South
line of Section 1, Block E-2;
THENCE S. 89059120" W. along the South line of said Section 1, a distance
of 15.00 feet to a point;
THENCE N. 00005'17" W. a distance of 302.93 feet;
FVOL 17b0 PACE 449
(VOL' 760 PACE 450
THENCE N. 09'46'15" E. a distance of 111.76 feet;
THENCE N. 01024150" W. a distance of 240.01 feet;
THENCE N. 01016'02" E. a distance of 250.07 feet;
THENCE N. 00009'03" W. a distance of 493.08 feet;
THENCE S. 89053'50" W. a distance of 10.80 feet;
THENCE N. 00'08'53" W. a distance of 234.52 feet;
THENCE N. 03'57'37" E. a distance of 150.40 feet;
THENCE N. 00007'59" W. a distance of 611.46 feet;
THENCE S. 89040'25" W. a distance of 11.37 feet;
THENCE N. 00003'57" W. a distance of 192.41 feet;
THENCE N. 06038'21" E. a distance of 100.72 feet;
THENCE N. 00'06'05" W. a distance of 187.03 feet;
THENCE N. 03'10'17" E. a distance of 200.30 feet;
THENCE N. 00007'48" W. a distance of 921.50 feet;
THENCE N. 03'30'08" W. a distance of 200.35 feet;
THENCE N. 00008'34" W. a distance of 254.51 feet;
THENCE S. 89'53'38" W. a distance of 12.03 feet;
THENCE N. 00011'03" W. a distance of 198.52 feet;
THENCE N. 04026'25" E. a distance of 150.48 feet;
THENCE N. 01'30'47" E. a distance of 429.23 feet;
THENCE N. 00'01' W. a distance of 54.22 feet;
THENCE N. 8905921" E. along the North line of said Section 1, Block E-2,
a distance of 105.40 feet to the Place of BEGINNING.
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