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HomeMy WebLinkAboutResolution - 5348 - Easement - Texas Instruments Inc - Water Pump Station - 11_21_1996RESOLUTION NO.5348 Item #10 November 21, 1996 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 for a water pump station across Grantor's property by and between the City of Lubbock and Texas Instruments, Inc. for one water pump station to be constructed, owned, operated and maintained by said City of Lubbock across said Grantor's property as described in the easement, attached hereto and 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 21st day of November , 1996. MAYOR PRO TEMPORE 1&a62 "jk kaylbarnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of- ay Agent APPROVED AS TO FORM: ff H sell, Assistant City Attorney JH:gs/WATRPUW.RES ccdocs/November 11, 1996 VOL 53,35PAGE12r3 STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, the undersigned authority, on this day personally appeared Lewis McMahan, Vice President, Corporate Staff, of Texas Instruments Incorporated known to me to be the person whose name is subscribed to the foregoing instruments, and he acknowledged to me that he executed the same with full authority on behalf of Texas Instruments Incorporated for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /3tLday of NANCY C. MA1iCF (� ittR hiT� ih11 /11W (I, i0t STATE OF TEXAS ) COUNTY OF LUBBOCK ) NOTARY PUBLIC, STATE OF TEXAS v Typed or ftited Name of Notary My Commission Expires: LA 9 SEAL t "TY" cooKE, BEFORE ME, the undersigned authority, on this day personally appeared xKk .M PRO )RximelmXHUM of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same with full authority on behalf of the City of Lubbock for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this zs�v- day of 1�looer t� , 19%, KATHERINE EGGER } Notary Public, State of Texas }•,� # My Commission Expires 10.6.97 FILED F(.1P `;rGORD 11oa 27 ICJ 22 All '56 SEAL NOTARY PUBLIC, STATE OF TEXAS (--%ttititic G / Typed or PrintedRame of Notary My Commission Expires: STATE OF TEXAS COUNTY OF LUBBOCK 1 hereby cerilty that this instrument was FILED on the date s(o at the time stamped hereon by me and was duty RECORDED to the Volume and Page of the Official Real'Prop" Records of Lubock Count', Texas as stamped' hereon by me. Nov 27 1996 ,fit Jl� d46-A,,r COUNTY CLERK W813OCK COUNTY, TEXA¢ W 11L 53.35PAcEI2,3 STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, the undersigned authority, on this day personally appeared Lewis McMahan, Vice President, Corporate Staff, of Texas Instruments Incorporated known to me to be the person whose name is subscribed to the foregoing instruments, and he acknowledged to me that he executed the same with full authority on behalf of Texas Instruments Incorporated for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /3� day of m &19�w. NOTARY PUBLIC, STATE OF TEXAS Ce'!Lc'..eJ Typed or P.© ted Name of Notary My Commission Expires: 6/3d SEAL STATE OF TEXAS ) COUNTY OF LUBBOCK ) j ALEX "TY" cooxE, BEFORE ME, the undersigned authority, on this day personally appeared MAYOR PRO AkxLxmgd=XWof the City of Lubbock, known to me to be the person whose name is TEMPORE subscribed to the foregoing instrument, and he acknowledged to me that he executed the same g�g g with full authority on behalf of the City of Lubbock for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZSy- day of fJo,3e�/ , 19q( . • *�:, KATHERINE EGGER Notary Public, State of Texas A My commission Expires 10-6-97 F-ILEb t'I)P, }iFC(" 110V 27 JU 22 AN '96 SEAL NOTARY PUBLIC, STATE OF TEXAS Typed or Prime ame of Notary My Commission Expires: Jo . t. - q STATE OF TEXAS COUNTY OF LUBBOCK 1 hereby certify that this Instrument was FILED on the data a a! the time stamped hereon by me and was duty REC MID'intheVolumeandPageoftheOfficialReatproperttr Records of Lubock County, Texas ac stampe3' hereon by me. Nov 27 1996 RESOLUTION NO. 5348 Item #10 November 21, 1996 EASEMENT THE STATE OF TEXAS ) KNOW ALL BY THESE PRESENTS: COUNTY OF DALLAS ) THAT TEXAS INSTRUMENTS INCORPORATED, a Delaware corporation, (hereinafter called "Grantor"), on this day, for the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid to Grantor by the City of Lubbock, a Home Rule Municipal corporation of Lubbock County, Texas ("Grantee"), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee a non-exclusive easement for the purpose of constructing, operating, and maintaining a water pump station, over, across, upon, through, and under a portion of that certain had of Grantor's land located in Lubbck, Texas and described in the attached Exhibit "A", (hereinafter called "Grantor's Land"). SAID EASEMENT GRANTED being 25 feet wide, being 40 feet long, the courses and distances of said easement being a portion of Grantor's Land described as follows (the"Easement Area"): BEGINNING at a point which bears S. 00°46' 15" E., a distance of 844.71 feet from the Southeast corner of Lot 1, Lawson Addition, Lubbock, Lubbock County, Texas, said addition surveyed by M.J. Stalcup in 1961, approved by the City of Lubbock Planning and Zoning Commission on April 6, 1961, and filed in the Deed Records of Lubbock County, Texas on April 27, 1961; THENCE S. 00°46'15" E., a distance of 40.00 feet along the East boundary of Tract "A", Texas Instruments Addition to a point being the Southeast corner of described tract; THENCE West a distance of 25.00 feet to a point; THENCE N. 00*46'15" W., a distance of 40.00 feet to a point; THENCE East, a distance of 25.00 feet to the POINT OF BEGINNING. GRANTEE SHALL HAVE THE RIGHT to construct, operate, and maintain a water pump station along the course of the Easement Area, together with such other rights as described herein. LUBBOCKEAS TO HAVE AND TO HOLD said easement unto Grantee, its successors and assigns, for the period described in section 11 hereof as long as the same shall be used by the Grantee for the purposes stated herein, unless sooner abandoned or terminated as hereinafter provided; SUBJECT, however, to all other existing easements, rights -of -way, liens, mineral reservations and other matters and encumbrances of whatever ldnd as any may exist in, through, over, under, upon, along or across Grantor's Land, whether of record or not, and whether visible or not, which affect Grantor's Land; and, FURTHER SUBJECT to all of the following provisions, with which Grantee agrees and covenants to observe and comply: 1. Grantor reserves unto itself, its successors and assigns, the right to use and enjoy Grantor's Land for any lawful purposes, provided that such use does not unreasonably interfere with the exercise by Grantee of the rights hereby granted; 2. Without waiving the foregoing, specifically (but without limitation) Grantor may construct, maintain, use and operate drainage ditches, roads, streets, lawns, plants, parking areas, railroad tracks, signs, pavement and utility facilities along, upon, over, across, through, in and under Grantor's Land, provided that such matters and uses do not unreasonably interfere with any rights of Grantee on or access to the Easement Area; 3. Grantor specifically reserves the right to grant additional easements or rights -of - way upon, over, across, through, in or under the Easement Area granted hereby, for any and all purposes as Grantor, in its sole discretion, may desire, provided that such grant does not unreasonably interfere with the exercise by Grantee of the rights hereby granted; 4. Grantee shall use its best efforts to prevent any interference with Grantor's operations and activities on Grantor's Land, including the Easement Area; 5. Grantee shall have the right of ingress and egress to and from the Easement Area for the purpose of exercising the rights hereby granted to it; provided, however, that in the exercise of such rights of ingress and egress the Grantee will use either public roads or routes designated by Grantor, 6. Grantee agrees to comply at all times, and at its sole cost, with all applicable federal, state, and local laws, regulations and safety standards in connection with Grantee's activities on Grantor's Land; 7. Grantee shall be required and does hereby agree to maintain, repair and restore (during construction, maintenance, and if ever terminated or abandoned) the Easement Area to a neat and clean condition, including (without limitation), trimming (with Grantor's prior approval) abutting trees, undergrowth and shrubbery, and removing trash in or on the Easement Area, which may injure or endanger the use of the Easement Area, or which may be reasonably necessary to prevent possible interference with its rights hereunder or cause possible hazards on Grantor's Land; 8. Grantee shall use materials of equal or better quality than currently existing in connection with any repairs, maintenance or replacement of materials in, on, under or over the Easement Area. 9. Grantee agrees to defend, indemnify, and hold Grantor harmless from and against all liability, damages, suits, actions, costs, expenses, losses and claims (including attorney's fees) for any and all damage, loss or injury to Grantor's Land or any property or persons whomsoever, including but not limited to any cause of action based on claims of strict liability, to the extent directly arising out of the acts or omissions of Grantee or exercise by Grantee of the rights hereby granted to it and to the extent provided by state law. By this provision, in the event any such loss or damage is attributed to both Grantee and Grantor, Grantee agrees to provide comparative indemnity to Grantor to the extent any loss or damage is or may be caused by Grantee, its officers, agents, employees, or invitees to the extent provided by state law. 10. Grantee is not and shall not be construed as Grantor's agent in contracting for any improvements on Grantor's Land, and shall have no authority to encumber any interest in Grantor's Land; Grantee shall indemnify and hold Grantor harmless from and against any and all mechanics' or materialmen's or other liens or claims (and all costs and expenses associated therewith) asserted, filed or arising directly out of Grantee's activities on Grantor's Land to the extent provided by state law. 11. The easement hereby granted shall be perpetual provided, however, that said easement shall terminate upon the earliest to occur of any of the following: (a) abandonment of the use of the easement for the purposes herein provided during a continuous period of twelve (12) months from the date hereof, or (b) the surrender and release of this easement, in writing at any time by Grantee, or (c) material misuse or material breach of any condition of the easement granted herein. Upon termination of this easement, whether by its expiration, abandonment, misuse, nonuse or otherwise, Grantee, at its sole cost, risk and expense, shall immediately remove its facilities and restore the Easement Area on Grantor's Land to a condition reasonably satisfactory to Grantor; and, if Grantee fails to do so, Grantor may remove such facilities and restore said Easement Area at the expense of Grantee; 12. Upon termination of this easement for any reason, all rights hereunder shall automatically revert to Grantor, 13. Grantee shall bear all costs of surveying, modifying and performing all survey verifications requested by Grantor; uMsocx.E►s WN :I 1 1.3 1 All that certain tract of land platted on a plat prepared by Thomas O. Sprawls, Registered Public Surveyor, Lubbock, Texas, and identified as Tract A, Texas Instruments Addition to the City of Lubbock, Lubbock County, Texas, more particularly described as follows: All that certain 203.899 acre tract of land out of Sections 12 and 17, Block A, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 3/4 " iron pipe found 10.0 feet North of the Northwest corner of Lot 1, Lawson Addition to the City of Lubbock, Texas, for the North -Northeast and beginning corner of this tract; from whence the Southeast corner of Section 12, Block A, bears South, 2981.9 feet South 8r53'30" East, 226.55 feet; THENCE South, at 10.0 feet pass a 3/4" iron pipe found at the Northwest corner of Lot 1, Lawson Addition and continuing along the West line of said Lot for a total distance of 140.0 feet to a 3/4" iron pipe found for the Southwest corner of said Lot and for an L-corner of this tract; THENCE South 89°53'30" East, along the South line of Lot 1, Lawson Addition, 143.15 feet to a 3/4" iron pipe found in the West right-of-way line of University Avenue for the Southeast corner of said Lot and the East -Northeast corner of this tract; THENCE South 0*46' 15" East, along the West right-of-way line of University Avenue, 2422.3 feet to a 1" iron pipe found for the P. C. of a curve to the right of radius 215.0 feet and for a corner of this tract; THENCE Southwesterly, around the arc of said curve, having a delta angle of 85°, and a chord of 290.5 feet on a chord bearing of South 41°4345" West, for an arc length of 319.95 feet to a concrete right-of-way marker found in the North right- of-way line of Loop 289 for the P. T. of this curve and for a corner of this tract; THENCE South 84°13'45" West, along the North right-of-way line of Loop 289, 834.1 feet to a 3/4" iron pipe found for the P. C. of a curve to the left of radius 5879.65 feet and for a corner of this tract; IMBOCKYA3 THENCE Southwesterly, along the North right-of-way line of Loop 289 and around the arc of said curve, having a delta angle of 401913311, and a chord of 443.81 feet on a chord bearing of South 82°03'59" West, for an arc length of 443.91 feet to a concrete right-of-way marker found for the P. T. of said curve and for a comer of this tract; THENCE South 83039129" West, along the North right-of-way line of Loop 289, 765.5 feet to a concrete right-of-way marker found for a comer of this tract; THENCE South 7402021" West, along the North right-of-way line of Loop 289, 262.98 feet to a concrete right-of-way marker found for a corner of this tract; THENCE South 89051' West, 599.5 feet to a 3/8" iron rod found for the Southwest comer of this tract; THENCE North, 2319.9 feet to a 3/8" iron rod found for the West -Northwest corner of this tract; THENCE East, 100.0 feet to a 3/8" iron rod found for an L-comer of this tract; THENCE North, 766.8 feet to a 3/4" iron pipe found for the North -Northwest comer of this tract; THENCE South 89°53'30" East, 2800.6 feet to the PLACE OF BEGINNING and containing 203.889 acres , LUBBOCK W 14. Grantee shall record this instrument in the Deed Records of the county in which Grantor's Land is located, and provide Grantor with a copy of the recorded instrument within ten (10) days after receipt of the recorded original from the deed recorder; 15. This easement and all of the terms, provisions and obligations hereof are binding upon the parties, their successors and assigns; 16. This .easement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings, whether oral or written, relating to this easement; and, 17. The persons and officers signing below on behalf of Grantor and Grantee represent and warrant that they have the authority, respectively, to execute this instrument on behalf of Grantor and Grantee, as the case may be. This instrument may be executed in multiple counterparts, all of which taken together shall constitute a single document with the same force and effect as if all parties had signed the same copy of this instrument. This document shall not be binding or effective on any party until executed and acknowledged by all signatories listed below. CITY OF LUBBOCK, Home Rule Municipal Corpor tion Lubbock Cou::2W By: Name: AMX "TY" COOKE Title: MAYOR PRO TEMPORE TEXAS INSTRUMENTS INCORPORATED, a Delaware Corporation By: Name: Lewis H. McMahan j Title: Vice President, Corporate Staff Date: 11- 2S A �-. Date: 12/13/95 ATT T: APPROVED AS TO CONTENT: �Lu City Secretary Ed Bucy, Rig -of-Way Agent KayythiranT11MROVTO FORM: J2# JL4D f artse11, Assistant City Attorney STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Lewis McMahan, Vice President, Corporate Stab of Texas Instruments Incorporated known to me to be the person whose name is subscribed to the foregoing instruments, and he acknowledged to me that he executed the same with full authority on behalf of Texas Instruments Incorporated for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /3t-day of t0mwh3ny , 19 V I I I I I I I I i i STATE OF TEXAS COUNTY OF LUBBOCK NOTARY PUBLIC, STATE OF TEXAS U4. 1=1et-') Typed or P ' ted Name of Notary My Commission Expires: t1,61/.5d 9 ALEX "TY" COOKE, BEFORE ME, the undersigned authority, on this day personally appeared MAYOR RERO *Lx�gs xH of the City of Lubbock, known to me to be the person whose name is TEMPOsubscribed to the foregoing instrument, and he acknowledged to me that he executed the same with f dl authority on behalf of the City of Lubbock for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25�t- day of ?100erwYa , 19gt. * KATHERINE EGGER Notary Public, state of Texas MY CwvnUan Expires 10.6-97 LUBBMF-EAS NOTARY PUBLIC, STATE OF TEXAS Typed or PrintedRame of Notary My Commission Expires: i o • i. •g RESOLUT�I N; NO. 5348 Item #10 1,. File And Return To November`71, 1996 I Ed Bucy R-O-W 073551U VOL • SPQcF 1 EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF DALLAS THAT TEXAS INSTRUMENTS INCORPORATED, a Delaware corporation, (hereinafter called "Grantor"), on this day, for the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid to Grantor by the City of Lubbock, a Home Rule Municipal corporation of Lubbock County, Texas ("Grantee"), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee a non-exclusive easement for the purpose of constructing, operating, and maintaining a water pump station, over, across, upon, through, and under a portion of that certain tract of Grantor's land located in Lubbck, Texas and described in the attached Exhibit "A!', (hereinafter called "Grantor's Land"). SAID EASEMENT GRANTED being 25 feet wide, being 40 feet long, the courses and distances of said easement being a portion of Grantor's Land described as follows (the"Easement Area"): BEGINNING at a point which bears S. 00'46' 15" E., a distance of 844.71 feet from the Southeast corner of Lot 1, Lawson Addition, Lubbock, Lubbock County, Texas, said addition surveyed by M.J. Stalcup in 1961, approved by the City of Lubbock Planning and Zoning Commission on April 6, 1961, and filed in the Deed Records of Lubbock County, Texas on April 27, 1961; THENCE S. 00046'15" E., a distance of 40.00 feet along the East boundary of Tract "A", Texas Instruments Addition to a point being the Southeast comer of described tract; THENCE West a distance of 25.00 feet to a point; THENCE N. 00046'15" W., a distance of 40.00 feet to a point; THENCE East, a distance of 25.00 feet to the POINT OF BEGINNING. GRANTEE SHALL HAVE THE RIGHT to construct, operate, and maintain a water pump station along the course of the Easement Area, together with such other rights as described herein. LUBBOCKEAS VOL 5335PAGE11%S TO HAVE AND TO HOLD said easement unto Grantee, its successors and assigns, for the period described in section 11 hereof as long as the same shall be used by the Grantee for the purposes stated herein, unless sooner abandoned or terminated as hereinafter provided; SUBJECT, however, to all other existing easements, rights -of -way, liens, mineral reservations and other matters and encumbrances of whatever kind as any may exist in, through, over, under, upon, along or across Grantor's Land, whether of record or not, and whether visible or not, which affect Grantor's Land; and, FURTHER SUBJECT to all of the following provisions, with which Grantee agrees and covenants to observe and comply: Grantor reserves unto itself, its successors and assigns, the right to use and enjoy Grantor's Land for any lawful purposes, provided that such use does not unreasonably interfere with the exercise by Grantee of the rights hereby granted; 2. Without waiving the foregoing, specifically (but without limitation) Grantor may construct, maintain, use and operate drainage ditches, roads, streets, lawns, plants, parking areas, railroad tracks, signs, pavement and utility facilities along, upon, over, across, through, in and under Grantor's Land, provided that such matters and uses do not unreasonably interfere with any rights of Grantee on or access to the Easement Area; 3. Grantor specifically reserves the right to grant additional easements or rights -of - way upon, over, across, through, in or under the Easement Area granted hereby, for any and all purposes as Grantor, in its sole discretion, may desire, provided that such grant does not unreasonably interfere with the exercise by Grantee of the rights hereby granted; 4. Grantee shall use its best efforts to prevent any interference with Grantor's operations and activities on Grantor's Land, including the Easement Area; 5. Grantee shall have the right of ingress and egress to and from the Easement Area for the purpose of exercising the rights hereby granted to it; provided, however, that in the exercise of such rights of ingress and egress the Grantee will use either public roads or routes designated by Grantor; 6. Grantee agrees to comply at all times, and at its sole cost, with all applicable federal, state, and local laws, regulations and safety standards in connection with Grantee's activities on Grantor's Land; 7. Grantee shall be required and does hereby agree to maintain, repair and restore (during construction, maintenance, and if ever terminated or abandoned) the Easement Area to a neat and clean condition, including (without limitation), trimming (with Grantor's prior approval) abutting trees, undergrowth and shrubbery, and removing trash in or on the Easement Area, which may injure or endanger the use of the Easement Area, or which may be reasonably necessary to LUBBOCx•As VOL 5335FAcE1.1f) prevent possible interference with its rights hereunder or cause possible hazards on Grantor's Land; 8. Grantee shall use materials of equal or better quality than currently existing in connection with any repairs, maintenance or replacement of materials in, on, under or over the Easement Area. 9. Grantee agrees to defend, indemnify, and hold Grantor harmless from and against all liability, damages, suits, actions, costs, expenses, losses and claims (including attorney's fees) for any and all damage, loss or injury to Grantor's Land or any property or persons whomsoever, including but not limited to any cause of action based on claims of strict liability, to the extent directly arising out of the acts or omissions of Grantee or exercise by Grantee of the rights hereby granted to it and to the extent provided by state law. By this provision, in the event any such loss or damage is attributed to both Grantee and Grantor, Grantee agrees to provide comparative indemnity to Grantor to the extent any loss or damage is or may be caused by Grantee, its officers, agents, employees, or invitees to the extent provided by state law. 10. Grantee is not and shall not be construed as Grantor's agent in contracting for any improvements on Grantor's Land, and shall have no authority to encumber any interest in Grantor's Land; Grantee shall indemnify and hold Grantor harmless from and against any and all mechanics' or materialmen's or other liens or claims (and all costs and expenses associated therewith) asserted, filed or arising directly out of Grantee's activities on Grantor's Land to the extent provided by state law. 11. The easement hereby granted shall be perpetual provided, however, that said easement shall terminate upon the earliest to occur of any of the following: (a) abandonment of the use of the easement for the purposes herein provided during a continuous period of twelve (12) months from the date hereof, or (b) the surrender and release of this easement, in writing at any time by Grantee, or (c) material misuse or material breach of any condition of the easement granted herein. Upon termination of this easement, whether by its expiration, abandonment, misuse, nonuse or otherwise, Grantee, at its sole cost, risk and expense, shall immediately remove its facilities and restore the Easement Area on Grantor's Land to a condition reasonably satisfactory to Grantor; and, if Grantee fails to do so, Grantor may remove such facilities and restore said Easement Area at the expense of Grantee; 12. Upon termination of this easement for any reason, all rights hereunder shall automatically revert to Grantor; 13. Grantee shall bear all costs of surveying, modifying and performing all survey verifications requested by Grantor; LUBBOCK.EAS VOL 5335PAGE120 EXHIBIT "A' All that certain tract of land platted on a plat prepared by Thomas O. Sprawls, Registered Public Surveyor, Lubbock, Texas, and identified as Tract A, Texas Instruments Addition to the City of Lubbock, Lubbock County, Texas, more particularly described as follows: All that certain 203.889 acre tract of land out of Sections 12 and 17, Block A, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 3/4 " iron pipe found 10.0 feet North of the Northwest corner of Lot 1, Lawson Addition to the City of Lubbock, Texas, for the North Northeast and beginning corner of this tract; from whence the Southeast corner of Section 12, Block A, bears South, 2981.9 feet South 89053130" East, 226.55 feet; THENCE South, at 10.0 feet pass a 3/4" iron pipe found at the Northwest comer of Lot 1, Lawson Addition and continuing along the West line of said Lot for a total distance of 140.0 feet to a 3/4" iron pipe found for the Southwest corner of said Lot and for an L-corner of this tract; THENCE South 89°53'30" East, along the South line of Lot 1, Lawson Addition, 143.15 feet to a 3/4" iron pipe found in the West right-of-way line of University Avenue for the Southeast corner of said Lot and the East -Northeast corner of this tract; THENCE South 0°46'15" East, along the West right-of-way line of University Avenue, 2422.3 feet to a 1" iron pipe found for the P. C. of a curve to the right of radius 215.0 feet and for a comer of this tract; THENCE Southwesterly, around the arc of said curve, having a delta angle of 851, and a chord of 290.5 feet on a chord bearing of South 41043145" West, for an arc length of 318.95 feet to a concrete right-of-way marker found in the North right- of-way line of Loop 289 for the P. T. of this curve and for a comer of this tract; THENCE South 84013145" West, along the North right-of-way line of Loop 289, 834.1 feet to a 3/4" iron pipe found for the P. C. of a curve to the left of radius 5879.65 feet and for a corner of this tract; LUBBOCKEM i VOL 5335PACf121 THENCE Southwesterly, along the North right-of-way line of Loop 289 and around the arc of said curve, having a delta angle of 4019133", and a chord of 443.81 feet on a chord bearing of South 82003'59" West, for an arc length of 443.91 feet to a concrete right-of-way marker found for the P. T. of said curve and for a corner of this tract; THENCE South 83°39'29" West, along the North right-of-way line of Loop 289, 765.5 feet to a concrete right-of-way marker found for a corner of this tract; THENCE South 74°20'21" West, along the North right-of-way line of Loop 289, 262.98 feet to a concrete right-of-way marker found for a comer of this tract; THENCE South 89051' West, 599.5 feet to a 3/8" iron rod found for the Southwest comer of this tract; THENCE North, 2319.9 feet to a 3/8" iron rod found for the West -Northwest comer of this tract; THENCE East, 100.0 feet to a 3/8" iron rod found for an L-corner of this tract, THENCE North, 766.8 feet to a 3/4" iron pipe found for the North Northwest corner of this tract; THENCE South 89053'30" East, 2800.6 feet to the PLACE OF BEGINNING and containing 203.889 acres LUBBOCIGEAS VOL 5335PAG422 14. Grantee shall record this instrument in the Deed Records of the county in which Grantor's Land is located, and provide Grantor with a copy of the recorded instrument within ten (10) days after receipt of the recorded original from the deed recorder; 15. This easement and all of the terms, provisions and obligations hereof are binding upon the parties, their successors and assigns; 16. This easement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings, whether oral or written, relating to this easement; and, 17. The persons and officers signing below on behalf of Grantor and Grantee represent and warrant that they have the authority, respectively, to execute this instrument on behalf of Grantor and Grantee, as the case may be. This instrument may be executed in multiple counterparts, all of which taken together shall constitute a single document with the same force and effect as if all parties had signed the same copy of this instrument. This document shall not be binding or effective on any party until executed and acknowledged by all signatories listed below. CITY OF LUBBOCY, Home Rule Municipal Corpor tion Lubbock County,, TX By: Name: AMX "TY" COOKE Title: MAYOR PRO TEMPORE Date: 11. 25 A t, TEXAS INSTRUMENTS INCORPORATED, a Delaware Corporation 1- Name: Lewis H. McMahan Title: Vice President, Corporate Staff Date: 12/13/95 ATT T: APPROVED AS TO CONTENT: / (At� 4MW---1 � � / -5", City Secretary Ed Bucy, Rig -of-Way Agent Kayyt=anelAFPRM: SEA P O SEAL f artsell, Assistant City Attorney LUBBOCKEAs