HomeMy WebLinkAboutResolution - 2002-R0128 - Right Of Way Easement For Electrical Line - 04_11_2002Resolution No. 2002—RO128
April 11, 2002
Item No. 24
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 Right -of -Way Easement
and associated documents for an overhead electrical line located on the Texas A&M
University Agricultural Research and Extension Center, by and between the City of
Lubbock and Texas A&M University System (TAMUS). 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 City Council.
Passed by the City Council this 11th day of 'April 2002.
WINDY SITT , MAYOR
ATTEST:
CQQ Yw.Q l i� '14
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-W y Agent
APPROV D AS TO FORM:
Matt4ew L. Wade, Assistant City Attorney
gs:/ccdoes/Texas A&M (TAMUS).res
February 26, 2002
File And Return To Resolution No. 2002-RO128
Ed 8uey R-®-W April 11, 2002
1 � Item No. 24
01
RIGHT-OF-WAY EASEMENT
l vn 76,31puf289
l TAMUS, Grantor
and
City of Lubbock, Grantee
I.
GRANT OF EASEMENT
1.01 The Board of Regents, THE TEXAS A&M UNIVERSITY SYSTEM, Grantor,
(hereafter referred to as "TAMUS"), on behalf of the State of Texas, acting by and
through its duly authorized officer, under authority of Board Policy 41.04 (8), by virtue
of authority granted to the Board of Regents by Texas Education Code, §85.26(c), and in
consideration of the mutual benefits to both parties, GRANTS, BARGAINS, SELLS and
CONVEYS to CITY OF LUBBOCK Grantee, (hereafter referred to as "LUBBOCK"),
a non-exclusive overhead electric line right-of-way easement across certain property of
TAMUS ("Property"), located in Lubbock County, Texas, more particularly described as
a:
Ten (10') foot by five (5) foot overhead electrical easements in
various locations across the Property, as described in Exhibit "A",
attached to this easement and incorporated for all purposes.
II.
PURPOSE AND LOCATION OF EASEMENT
2.01 This easement is granted for the purpose of constructing, operating, and maintaining an
aerial electric distribution lines. A plat of the Property showing the area affected by these
easements and the location of the right-of-ways is depicted in Exhibit "B", attached to
this easement and incorporated for all purposes.
III.
EASEMENT DURATION
3.01 Term: This easement is effective and in force the 11th day of April , 2002.
The term of this right-of-way easement is for ten (10) years and can be renewed only at
the option of TAMUS.
3.02 Penalty: LUBBOCK expressly acknowledges its continued possession of the Property
without first obtaining a renewal from TAMUS of this easement is a violation of state
law. If LUBBOCK is in continued possession of the Property in violation of state law,
LUBBOCK can be subjected to a statutory penalty of One Hundred Dollars ($100.00)
for each day of the violation. LUBBOCK agrees to pay TAMUS any such penalty
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within ten (10) business days after receipt of notice from TAMUS sent according to
Section XII of this easement.
3.03 At the expiration of this easement's term, LUBBOCK has the right to remove its
equipment located on the Property, provided all obligations to TAMUS pursuant to this
easement are fully satisfied. All equipment must be removed within one hundred and
twenty (120) calendar days from the expiration, termination, or abandonment date of this
easement. If removal causes damage to the Property or TAMUS' equipment and/or
improvements, LUBBOCK will restore or pay for such damage within sixty (60)
calendar days after the damage occurs.
IV.
RIGHT OF ACCESS
4.01 LUBBOCK has the right of ingress and egress across the Property for the purpose of
constructing, operating, maintaining, repairing, and replacing its facilities. LUBBOCK
agrees to occupy the surface for only the length of time necessary for the constructing,
operating, maintaining, repairing, or replacing its facilities. Any gate of opening used by
LUBBOCK for ingress or egress must be kept in proper working condition and be kept
closed.
V.
INTEREST GRANTED
5.01 No fee interest granted: This instrument is a grant of a right-of-way easement only, and
does not grant any fee interest in the surface or any interest in the minerals, in, on or
under the Property. This instrument is made subject to any and all outstanding easements
and surface leases covering the Property.
5.02 Non-exclusive: This right-of-way easement is non-exclusive. TAMUS expressly
reserves for its use, and for the use of any member of The Texas A&M University
System, access and use of the Property in common with LUBBOCK, provided such
access and use is not inconsistent or in conflict with LUBBOCK's rights pursuant to this
right-of-way easement.
VI.
DUTIES OF RELIANT
6.01 If LUBBOCK damages or destroys any fences, roads, bridges, culverts, buildings,
equipment, or other infrastructure and/or improvements located on the Property, other
than LUBBOCK's property, LUBBOCK must within fourteen (14) calendar days of the
damage notify TAMUS. LUBBOCK must repair the damage within sixty (60) calendar
days, unless both parties mutually agree in writing to a different time period.
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LUBBOCK will make the repairs or replace the property to be the same condition as
before the damage, or as close to the same condition as is practicable financially and
labor wise. At LUBBOCK' option, in lieu of repairing or replacing, money damages
will be paid.
6.02 LUBBOCK will level the Property affected by the right-of-way, so the Property is in the
same condition, or as close to the same condition as is practicable financially and labor
wise, as before the construction.
6.03 LUBBOCK will notify TAMUS, according to Section XII of this easement, no later than
three (3) business days after completion of the initial construction. LUBBOCK will
coordinate with TAMUS personnel for an on -site inspection to assess changes in the
Property condition and any damages caused by LUBBOCK's activities on the Property.
Prior to any subsequent alteration to the right-of-way, or any additional construction,
LUBBOCK agrees to notify TAMUS, according to Section XII of this easement, not, less
than five (5) business days prior to commencement of such activities.
VII.
HAZARDOUS WASTE
7.01 LUBBOCK will not commit or cause to be committed waste upon the Property.
LUBBOCK will keep the Property, the improvements, and equipment in good working
order and repair and in a clean, safe and healthful condition, complying with all state,
federal, and local laws, rules, regulations, and ordinances with regard to the use and
condition of the improvements, infrastructure, and equipment located on the Property.
7.02 LUBBOCK will not use the Property or permit the Property to be used as to cause,
suffer, of allow any contamination of soils, ground water, surface water, or natural
resources on or adjacent to the Property resulting from, but not limited to, spills or leaks
of oil, gasoline, hazardous materials, hazardous waste, or other chemical compounds.
LUBBOCK is solely responsible for cleanup of any contamination on the Property
caused by LUBBOCK, its employees, agents, or other persons acting under
LUBBOCK's direction.
7.03 If contamination on the Property is caused or permitted by LUBBOCK, and such
contamination is related to LUBBOCK's use, LUBBOCK indemnifies, and will defend
and hold TAMUS harmless from any and all claims, judgments, damages, penalties,
fines, costs, liabilities, or losses (including diminution in Property value, damages for the
loss or restriction on use of the Property or any infrastructure and/or improvements on the
Property, and sums paid in settlement of claims, attorneys' fees, consultants' fees, and
experts' fees), which arise during or after this easement's term as a consequence of the
contamination. LUBBOCK's indemnification of TAMUS includes costs incurred in
connection with any investigation of site conditions for any cleanup, remediation,
removal or restoration work required by any federal, state, or local governmental agency
or political subdivision because of hazardous material being present in the soil, ground
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water, or in, on or under the Property.
VIII.
DEFAULT AND TERMINATION
8.01 Default by LUBBOCK: If LUBBOCK fails to fulfill any duty, obligation, or breaches
any covenant, condition, or agreement contained in this easement instrument, TAMUS
has the right to declare this easement forfeited, without any prejudice or limitation upon
any claim or cause -of -action TAMUS might have against LUBBOCK. If LUBBOCK is
in default, TAMUS will give LUBBOCK written notice of the default, citing the cause
and TAMUS' intent to terminate the easement if LUBBOCK fails to cure or rectify the
breach. LUBBOCK will have thirty (30) calendar days after receipt of the notice to cure
or rectify the breach. If LUBBOCK corrects the default within the thirty (30) days, this
easement will remain in full force and. effect.
8.02 Termination or abandonment of this easement for any cause is automatic, and all rights
granted revert to TAMUS without the necessity of any further action or commencement
of suit by TAMUS. Abandonment will have occurred when this easement is not used for
the purpose granted in this right-of-way easement instrument for a continuous period of
one (1) calendar year.
8.03 Upon termination or abandonment of this easement, LUBBOCK must file a Release of
Easement in the appropriate Real Property records of Lubbock County, Texas.
IX.
HOLD HARMLESS
9.01 LUBBOCK agrees to indemnify and hold TAMUS harmless from any and all claims,
demands, liabilities and causes of action for personal injury or death and/or damage to or
destruction of property or improvements caused by, arising out of, or resulting from the
exercise of any rights granted to LUBBOCK pursuant to this easement and caused by
LUBBOCK's employees, agents, or other persons acting under LUBBOCK's direction.
LUBBOCK also agrees to pay all expenses, costs, and attorneys' fees :ssociated with
such claims, demands, liabilities, and causes of action, as well as those incurred by
TAMUS in enforcement of this indemnity provision.
X.
WAIVER
10.01 No waiver by TAMUS or LUBBOCK of any default or breach of any duty, obligation,
term, condition, or covenant of this easement will be a waiver of any other breach of any
other duty, obligation, term, condition, or covenant contained in this easement
instrument.
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10.02 LUBBOCK expressly acknowledges and understands TAMUS is an agency of the State
of Texas, and no provision in this easement instrument will be construed as a waiver or
relinquishment by TAMUS, or the State of Texas, of its right to claim any exemption,
privileges, and immunity which may be provided at law.
XI.
ASSIGNMENT
11.01 LUBBOCK cannot sell, assign, encumber, or convey this easement without the prior
written consent of TAMUS. Any attempt by LUBBOCK to sell, assign, encumber, or
convey this easement without the prior written consent of TAMUS will void this
easement and cause it to terminate.
XII.
NOTICES
Notices required under this Agreement must be given by certified mail, registered mail, or
personal delivery. TAMUS and/or LUBBOCK can change the notice address by sending to the
other party a notice of the new address. Notices should be addressed as follows:
12.01 TAMUS: Assistant Vice Chancellor and
Director of Real Estate
System Real Estate Office
The Texas A&M University System
John B. Connally Building, Ste. 519
301 Tarrow
College Station, Texas 77840-77896
12.02 LUBBOCK: Attn: Ed Bucy
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
XIII.
GOVERNING LAW
13.01 This easement is construed under and in accordance with the laws of the State of Texas.
13.02 This easement is performable in Lubbock County, Texas; and, TAMUS and LUBBOCK
agree to venue being set in Lubbock County for any suit filed by either party in relation
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to this easement.
XIV.
GRAMMATICAL INTERPRETATION
VOL 1631pftr,�294
14.01 When the singular is used, the plural is also included. When the masculine gender is
used, the feminine and neuter genders are also included.
14.02 Headings are for reference only and will not be construed to limit or alter the meaning of
any provision of this easement.
Xv.
PARTIES BOUND
15.01 This easement is binding upon and inures to the benefit of TAMUS and LUBBOCK,
their respective heirs, executors, administrators, court appointed representatives,
successors in interest or office, and assigns (however, this does not constitute permission
for an assignment). TAMUS and LUBBOCK represent that the person(s) executing this
easement instrument on its behalf has the full authority to bind that Parry to the duties,
obligations, covenants, terms, and conditions of this easement.
XVI.
SAVING CLAUSE
16.01 Should any clause in this easement instrument be found invalid by a court of competent
jurisdiction, the remaining duties, obligations, covenants, terms and conditions of this
easement will be not affected, and such provisions will remain valid and enforceable to
the fullest extent permitted by law.
XVII.
ENTIRE AGREEMENT
17.01 This easement instrument constitutes the entire agreement by and between TANIUS and
LUBBOCK and will not be explained, modified, or contradicted by any prior or
contemporaneous negotiations, representations, or agreements, either written or oral.
This easement can only be amended by a subsequent written instrument mutually agreed
to and executed by TAMUS and LUBBOCK.
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Executed this c�q*v day of fipr; , 2002 by TAMUS, Grantor,
by its duly authorized representative.
"TAMUS"
BOARD OF REGENTS
THE TEXAS A& UNIVERSITY SYSTEM
By: - - 1--,
TOM D. KAL
Vice Chancellor for Business Services
RECOMMENDED APPROVAL:
Vice Chancellor and Dean V
College of Agricultural and Life Sciences
Director, Texas Agricultural Experiment Station and
Texas Ceonerative Extension
DAN "BUHLY
Assist nt Vi e Chancel orand
Di ector of Real Estate
System Real Estate Off ce
The Texas A&M University System
APPROVED AS TO FORM:
RAY I C. LAY
Staff Attorney
Office of General Counsel
The Texas A&M University System
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ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared TOM D. KALE, Vice Chancellor for Business Services, The
Texas A&M University System, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed it as the act and deed of the
Board of Regents, The Texas A&M University System, for the purposes and consideration
therein expressed, and in the capacity therein stated.
G VENT UNDER MY HAND AND SEAL OF OFFICE this day day of
A.D. 2002.
- GALE DAVIDSONv
Notary Public. State of Texas Notary Public State of Texas
My Commission Expires My commission expires: �'l g"o100
FEBRUARY 18, 2= SEAL
By signing below, LUBBOCK expressly acknowledges and accepts the duties, obligations,
terms, conditions, and covenants contained in this easement instrument.
Executed this 11th day of April , 2002 by LUBBOCK,
Grantee, by its duly authorized representative, pursuant to City of Lubbock, City Council
Resolution attached to this Easement and incorporated for all purposes.
S EAL By:
ATTEST:
CD, 6'. -.0 — a, ^M.� ,
REBECCA GARZA
City Secretary
City of Lubbock
111.1JRROCK"
mayor
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APPROVED AS TO CONTENT:
ED BUCY
Right -of -Way Agent
City of Lubbock
APPROVED AS TO FORM
Z 2 -, ��1-%�`
MA 'HEW L. WADE
Assistant City Attorney
City of Lubbock
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared WINDY SITTON, Mayor, the City of Lubbock, known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that she executed for the purposes and consideration therein expressed, and in the capacity
therein stated.
G VEN UNDER MY HAND AND SEAL OF OFFICE this �_ day of
, A.D. 2002.
SEAL
Notary blic, State of Tex - 0 --)
My commission expires:0�3
" `• SYLVIA H. REYES
` Notary Rubk, State of Tom S
• MY CommWian Eom
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" Resolution No. 2002-RO128
voL 7631PAGE29S
Seven City of Lubbock — Lubbock Power & Light — Overhead Electrical Easements
located in Section 36, Block A, Lubbock County, Texas being described as follows:
1. A ten (10) foot overhead electrical easement extending five (5) feet on each side
of the following described centerline: Beginning at a point from whence the
northeast corner of Section 36 bears N 01°28'57" E 261 feet and N 88°31'03" E
1,339 feet, thence West a distance of 83 feet.
2. A ten (10) foot overhead electrical easement extending five (5) feet on each side
of the following described centerline: Beginning at a point from whence the
northeast corner of Section 36 bears N 01°28'57" E 505 feet and N 88°31'03" E
1,339 feet, thence West a distance of 730 feet.
A ten (10) foot overhead electrical easement extending five (5) feet on each side
of the following described centerline: Beginning at a point from whence the
northeast corner of Section 36 bears N 01°2857" E 1,121 feet and N 88°31'03" E
649 feet, thence West a distance of 4,180 feet.
4. A ten (10) foot overhead electrical easement extending five (5) feet on each side
of the following described centerline: Beginning at a point from whence the
northeast corner of Section 36 bears N 01°28'57" E 2,553 feet and N 88°31'03" E
30 feet, thence West a distance of 1,803 feet.
5. A ten (10) foot overhead electrical easement extending five (5) feet on each side
of the following described centerline: Beginning at a point from whence the
northeast corner of Section 36 bears N 01°28'57" E 50 feet and N 88°31'03" E
1,302 feet, thence South a distance of 2,618 feet.
6. A ten (10) foot overhead electrical easement extending five (5) feet on each side
of the following described centerline: Beginning at a point from whence the
northeast corner of Section 36 bears N 01°28'57" E 506 feet and N 88°31'03" E
2,044 feet, thence South a distance of 183 feet.
7. A ten (10) foot overhead electrical easement extending five (5) feet on each side
of the following described centerline: Beginning at a point from whence the
northeast corner of Section 36 bears N 01°28'57" E 2,553 feet and N 88°31'03" E
1,543 feet, thence South a distance of 875 feet.
cityatt/georgia/Mty of Lubbock
10/21/01
Exhibit A
vol I U,S_1Psr.Fl:fN
STATE OF TEXAS
F �O� REC®� I` COUNTY OF LUBBOCK
F
IL1D 1 hereby certify that this instrument was FILED on the
date and at the time stamped hereon by me and was duly
RECORDED in the volume and Page of the Official PubdC