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HomeMy WebLinkAboutResolution - 4055 - Utility Joint Use Agreement - TDOT - FM 835 & FM 3523 - 01_14_1993Resolution No. 4055 January 14, 1993 Item #12 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 a Utility Joint Use Agreement between the City of Lubbock and the Texas Department of Trans- portation for joint usage of a portion of F.M. 835 and F.M. 3523 (East 50th Street), 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 Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: Sally StilojAbbe, Acting City Secretary APPROVED AS TO CONTENT: Ed Bucy, Rig t-o -W y Agent APPROVED AS TO FORM: AS-4dj �Nr�' H'arold Willard, Assistant City Attorney DGV:js/AG-TDT.RES. D2-Agenda/December 28, 1992 Resolution No. 4055 Texas Department of Transportation Form D-15-24A Page 1 of 2 Rev. 12191 Utility Joint Use Agreement (Non -Controlled Access Highway) Agreement No. THE STATE OF TEXAS } } COUNTY OF Lubbock } County Lubbock Federal Project No. CSJ No. 3587-01-001 ROW Account No. Highway No. FM 835 & FM 3523 Limits From: 1300' West of FM 1729 To: FM 400 WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Depart- ment of Transportation, proposes to make certain highway improvements on that section of the above - indicated highway; and WHEREAS, the City of Lubbock , herein- after called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicted on the plans attached to Standard U64ity Agreement as e3teetited by Owner en the on location sketches attached hereto except as provided hereinbelow; NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or otherwise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the Texas Department of Transportation prior thereto, to furnish necessary sketches showing location, type of construction and methods to be used for protection of traffic, and if, in the opinion of the Texas Department of Transportation, such alteration, modification or new construction will injure the highway or endanger the traveling public using said highway, the Texas Department of Transportation shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; pro- vided further, however, that such regulations shall not extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimise property damage and loss of investment, either party hereto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except as expressly provided herein, (1) the Owner's rights of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) the Owner and the State, by execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. Texas Department of Transportation Form D-15-24A Page 2 of 2 Rev. 1201 IN WITNESS WHEREOF, the parties hereto have affixed their signatures. EXECUITON RECOMMENDED: District Engineer, Texas Department of Transportation UAVIU K. LANUblUN Title: MAYOR Date: January 14, 1993 THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Director of Right of Way Texas Department of Transportation Date: Texas Department of Transportation P.O. BOX 771 • LUBBOCK, TEXAS 79408-0771 • (806) 745-4411 April 8, 1993 Utility Joint Use Agreement Lubbock County CSJ 3587-01-001 F.M. 835 & F.M. 3523 From: 1300' West of F.M. 1729 To: F.M. 400 City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Attention: Ed Bucy, Right of Way Agent Sir: Attached for your files is one fully executed copy of the Joint Use Agreement covering the rights -of -way of City of Lubbock and the State of Texas on the above captioned project. Your efforts in helping us to finalize the right-of-way project for this portion of F.M. 3523 have been greatly appreciated. If additional information is needed, please advise Joe T. Brown of our District Right of Way Office at P.O. Box 771, Lubbock, TX. 79408 or phone (806) 748-4486. CCK/JTB/jtb Sincerely, v C= C1 de C. Kneisle , trict 5 District Right of W Administra An Equal Opportunity Employer .. Texas Department of Transportation Form D-15-24A Resolution No. 4055 Page 1 of 2 Rev. 12/91 Utility Joint Use Agreement (Non -Controlled Access Highway) Agreement No. THE STATE OF TEXAS } } COUNTY OF Lubbock } County Lubbock Federal Project No. CSJ No. 3587-01-001 ROW Account No. Highway No. FM 835 & FM 3523 Limits From: 1300' West of FM 1729 To: FM 400 WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Depart- ment of Transportation, proposes to make certain highway improvements on that section of the above - indicated highway; and WHEREAS, the City of Lubbock , herein- after called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicted &Y of - , 19, er. on location sketches attached hereto except as provided hereinbelow; NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or otherwise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the Texas Department of Transportation prior thereto, to furnish necessary sketches showing location, type of construction and methods to be used for protection of traffic, and if, in the opinion of the Texas Department of Transportation, such alteration, modification or new construction will injure the highway or endanger the traveling public using said highway, the Texas Department of Transportation shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; pro- vided further, however, that such regulations shall not extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, either party hereto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except as expressly provided herein, (1) the Owner's rights of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) the Owner and the State, by execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. Texas Department of Transportation Form D-15-24A Page 2 of 2 Rev. 12/91 IN WITNESS WHEREOF, the parties hereto have affixed their signatures. weer: he ITY of UPI BBOC EXECUTION RECOMMENDED: Utili N r By: Authorized Sig atu District Engineer, Texas Department of Tr: DAVID R. LANGST Title. MAYOR Date: January 14, 1993 THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Te Trans ortalion Commi By: Aelxas Director of Right of Way Department of Transportation Date: MAR 9 0 i993 City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 BOB-762-641 1 FRANK PHILLIPS, P.E. AREA ENGINEER DISTRICT FIVE (5) DEPARTMENT OF TRANSPORTATION LUBBOCK, TX 79408-0771 Dear Mr. Phillips, Office of Water Utilities Engineering 3-4-93 At the intersection of FM 1729 and proposed FM 3523, the proposed 18" Class 80 PVC pipe shall be laid 8' north of the south right-of-way with at least 4 foot of cover. At the intersection of existing Co. Rd. 69 and proposed FM 3523, the proposed 18" Class 80 PVC pipe shall be laid 8' south of the north right-of-way with at least 4 foot of cover. Where the proposed pipe crosses the proposed FM 3523, it shall be encased in 24 inch corrugated steel pipe. Should you have any questions or require additional information, please feel free to contact me at 767-2343 or Mike Murphy at 767-2342. Thank you for your assistance in this project. Sincerely Soo Koon Soon r; ,. Assoc. Civil Engineer MAP IN FILE SEE RESOLUTION # 40's-) 01 g Propa,ed & Ex1611ng ROW fN 835 N 0898'E� � 2/5'00 M13567-01-001 SECTION 17, BLOCK S G. C. SFRR Co. Survey Lubbock Co. TX. d Robert Melcher Deed Vol. Page 93 Ac res Exisfirg FM 835 fN 3523 SECTION 76, BLOCK A! Pl STA 229642.33 P1 STA &W.00 iN X - 712346.6828 X ' 712346.6828 N Y- 7A)971.2720 71097/.M0 Y• n - 891975.90' RT. 8 R - o.0a c\I Parts 1 & 2 I 'wRoy C. Forkner & Lots Black Proposed & LL £x)sOng ROW I ! i ExIstlAg I N 46 4Z 3r E I ,, S 43' /9 57' E 141.9' p� ,N �!e 141.51 I o 10 l� 0w34� l6' l8' E 074 27' Se+716n Une S 88' 23' 10' E N L 400 Pr. &xrled Coble J� Ui Ldsfing fN r - - - - -- - - - - MAX S 881r P2' E +_ - - •P29'42.33 BK !fN B35J I IlPortl; N T723r0& SK u ' 2 — � N r36'FEI Born S 4G40'03'W - 1 S6.30' 126.11 ' I x I Q L: I \ � \ 6 Pr. Burled Cede-J ; I ` ;, a I I Propased & \ tL vl Us!!ng ROW /CSf ' sECTIoN 20, BLOCK S! SECTION 18, BLOCK S \ I SECTION 76, BLOCK A Tt,: „ j O E f 1 ! I Roy C. Forkner & Lots Black Roy C. Forkner & Lols Black Deed Channel EasementVol. Page Vol. PagePart 1 7.42 Acres 0.34 Acres 3Part 2 0.10 Acres. �PrLpaAQ /XiW Aba7� &W Pipeline \\ n -S 8ff 16' 18' E � S 88' 15.3 E2774.27 ��\ 144.8r �!o/ 335.36' Im Prgww rN If \ \ \�\ S7o. E7.29. 33 08�/6' 18 w —•---�-- 1----'---f----1---1----'j--'-------L-----'---`----f---L----�---�--- '-- F--�---'---�—'—� �--'� Sec. Ur* s 88.15, -W E ti 10'OO 15�A0 20'A? \ 2 `1 N 30-00 (i y N 86 16'18'W .4 \ \335.64' X - Prgoased ROW — ExlsYing �- q � I — - - `- -- — _-------__--------r--_---- ---- _-�-�----_--_-_-- _-_---_----- FS[a - -�- ` - - ,- - PVC ----------------------------------------- - - - - - — - — ---------------- - ---- ---------------------------- ---------------- ---------------- ��---------------- �- -� _'---__-___-fxTsrlr>�7CounfyRd.69E-------- ` -j ----------------------------- ----------------- -�� �L--------------' EzTsllrtyt ROW SECTION 20, BLOCKS \ \ \ IP P1pNTne 136 Ca'al \� I \ � I \ I \, I Diy,rn� STATE AID PROJECT N0. r 6 A 3587-01-001 2 I STATE I DI ST.I mumTY Page is too large to OCR. i SECTION 76, BLOCK A P1ST ASW.� �� /-�rSECTION 3, BLOCK l Y • 7=55.0145 A • MM RT. Exlsllrg ROWr OT 595 !B' i ' r �-� -- --------------- -\ R • 229/ 83' S.E. Ccr. Sec. 5' -� W. A. Sides PC STA 32.59.50 i , , - = - _ _ _ _ _ _ - 1 Deed PT STA 44.24.13 �i' ,-'`i /- Z 69 Vol. Page , � -' , � .'�' -� � �' �� �° ,. 3.24 Acres „ ,� " - E,ss+r� ' Stoneville Pedigreed Seed Co. i i' '' Exlsftnp ROW ' • 1 1015 .20 .i 4000 gj . i S 5g Pr*o ROW 10 Bg�6•� E O /i-'�I y' .�i - `193.80' '''-..,_- / 0.35' � 1y i�sPrcp W ROW ` 1 Stoneville Pedigreed Seed Co. 1 Deed � r Ir- ' Vol. Page colrati Pn 4.76 Acres \ 1 SECTION 20, BLOCK S v r � 1 ' Day & Co.. Inc. SECTION 14, BLOCK I Deed Vol. Page \ 46 Acres 1 44. 80,. 59. r ry 91' 3 1 \ Existlf* Courtly Rd. 69 ©�� `` 7— - S 2' 09' 04' W 136.80, /A11/ It l ! SECTION 3, BLOCK 1 1 Stoneville Pedigreed Seed Co 1 1 I N 2 091 OWE "� - _ ` '�8 ' - - _ _ - ,i-56' Underground Crosslrg� o �44,38,W N � N 63�6'�a — 266.60_ Z0'00 20. B _ ®` 48 00' P1 STA 67,20.03 19. 46S 2' 1'3' 5 0' W X - 718681.78.33 Y - 709372.7475 1 N.W. Ca. Sec. 7 & A - 2d35'17.1T LT. 1 S.W. cot. Se:. 9 D - P.30'00.00' T - 5B3.93" James D. Hancock, et al • 1 L - 1143.52' R - PE91.83' Deed PC STA 61.36.10 1 PT STA 72'79.62 Vol. Page 1 SECTION 7, BLOCK I Q• 18 Acres l5 1` i 1� 1 Proposed & 1 Ex&ln9 ROW' 5 a1. p4o 38' E �� i.58' _ I N �4438 1 50.52' t 1 1 11 11 11 1 1�1 Proposed FM �� CID Exlsting ROW f Proposed ROW SECTION 7, BLOCK I O George H. Etz, Jr., Trustee Deed Vol. Page /.93 Acres y NO. STATE AID PROJECT NO. 6 I A 3557-01-001 3 BGTE IDIST.I COLINN � carr. (scci. � ice I NI4NMA7 NV. � l5 1` i 1� 1 Proposed & 1 Ex&ln9 ROW' 5 a1. p4o 38' E �� i.58' _ I N �4438 1 50.52' t 1 1 11 11 11 1 1�1 Proposed FM �� CID Exlsting ROW f Proposed ROW SECTION 7, BLOCK I O George H. Etz, Jr., Trustee Deed Vol. Page /.93 Acres y NO. STATE AID PROJECT NO. 6 I A 3557-01-001 3 BGTE IDIST.I COLINN � carr. (scci. � ice I NI4NMA7 NV. �