HomeMy WebLinkAboutResolution - 2008-R0268 - Survey Permits - Range Land And Cultivated Land - 08/12/2008Resolution No. 2008—RO268
August 12, 2008
Item No. 5.11
RESOLUTION
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
City Manager or Deputy City Manager, or either of such parties' designee (the
"Authorized Signatory"), to execute and deliver for and on behalf of the City of Lubbock
for all purposes and intents those certain (i) Survey Permits (Range Land); and (ii) Survey
Permits (Cultivated Land), in the form as attached hereto as Exhibit "A" and Exhibit "B",
respectively (collectively, the "Permits"), incorporated herein for all respects and
nurnoses and included in the minutes of the Council.
TTEST:
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by the City Council this 12th day of August 2008.
AS TO CONTENT:
City Manager/Water Utilities Director
OVED AS TO FORM:
.d K. Casner, First Assistant City Attorney
Permits.res080608
TOM MARTIN, MAYOR
Exhibit "A"
SURVEY PERMIT
[Range Land]
State of Texas
County of Garza
Date: _, 2008
Property Owner:
Address:
Telephone:
Contact Person (herein so called):
Tenant/Other:
Telephone:
Telephone:
Licensee: City of Lubbock
Resolution No. 2008 RO268
Tract No.
City of Lubbock Contact Person: (required information)
Address:
24 hour Telephone: (_) (required information)
Cell Phone: (required information)
Facsimile: (___) (required information)
PROPERTY DESCRIPTION ("Property"):
Permission and license is hereby granted by the undersigned parties, including any tenants or
lessees of the Property (collectively, the "Grantor") unto the City of Lubbock, whose mailing address
is 1625 13th Street, Lubbock, Texas 79401, its agents, contractors and employees to enter upon the
above described Property for the purpose of making surveys including: the placement of stakes,
geotechnical soil borings, environmental/archaeological, engineering and appraisal studies related to
the routing of a proposed pipeline (the "operations"). The City of Lubbock agrees to pay Grantor for
any damage or loss to any property arising out of or in connection with the operations. The City of
Lubbock, to the extent permitted by applicable law, further agrees to indemnify and hold the Grantor
and hisAts lessors, lessees, agents and employees harmless from and against any and all claims,
liability, responsibility, losses, cost, fees and expenses (including attorneys' fees and expenses) for
injury to (including death of) persons or damage to property of Grantor, or third persons, of any kind
to the extent arising out of or in connection with the operations.
DALLAS -1105927 Q 0955700-01727
The permission and license granted herein is expressly conditioned upon compliance by the City of
Lubbock with the following covenants and agreements, the breach of which shall permit the Grantor
to immediately terminate such permission and license by written notice to the contact person for the
City of Lubbock.
In connection with the operations, the City of Lubbock covenants and agrees as follows:
(i) At least 24 hour prior notice (which may be telephonic; however, voice mail shall not
be considered notice) shall be given to the Contact Person of any proposed entry upon the Property.
The Grantor or his/its agents or employees shall have the right to accompany the City of Lubbock, its
contractors, agents and employees at all times while on the Property and the City of Lubbock and its
contractors, agents and employees shall cooperate as is reasonably practicable so that all
operations are conducted at times convenient to the Grantor.
(ii) No entry shall be made upon the Property when wet.
(iii) All gates shall be left "as found". In other words, if a gate is open, it will remain open;
if a gate is closed, it will be kept closed.
(iv) All bore holes shall be filled.
(v) No plants or animals, and no artifacts or other archeological items of any kind, shall
be removed from the Property. Grantor shall have the right to accompany any person conducting
any archeological surveys or studies.
(vi) No firearms shall be permitted upon the Property.
(vii) All operations shall be conducted from existing roads or on foot unless otherwise
agreed by Grantor.
Unless sooner terminated by Grantor, this Survey Permit shall terminate on the earlier of (i)
completion of the survey by the City of Lubbock, or (ii) September 1, 2009.
Grantor:
Lessee/Tenant (if applicable):
The City of Lubbock
By:
Printed Name:
Title: City Manager
ATTEST:
Printed Name:
R/LAH Pipeline Easement -Survey Permit -Range Land 071008
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DALLAS-1105927 v2 0955700-01727
Exhibit "B"
SURVEY PERMIT
[Cultivated Land]
State of Texas
County of Garza
Date: , 2008
Property Owner:
Address:
Telephone: ,
Contact Person (herein so called):
Tenant/Other:
Telephone:
Telephone:
Licensee: City of Lubbock
City of Lubbock Contact Person:
Address:
24 hour Telephone: (_)
Cell Phone: C__)
Facsimile: (�
PROPERTY DESCRIPTION ("Property"):
Resolution No. 2008-RO268
Tract No.
(required information)
(required information)
(required information)
(required information)
Permission and license is hereby granted by the undersigned parties, including any tenants or
lessees of the Property (collectively, the "Grantor") unto the City of Lubbock, whose mailing address
is 1625 13th Street, Lubbock, Texas 79401, its agents, contractors and employees to enter upon the
above described Property for the purpose of making surveys including: the placement of stakes,
geotechnical soil borings, environmental/archaeological, engineering and appraisal studies related to
the routing of a proposed pipeline (the "operations"). The City of Lubbock agrees to pay Grantor for
any damage or loss to any property arising out of or in connection with the operations. The City of
Lubbock, to the extent permitted by applicable law, further agrees to indemnify and hold the Grantor
and his/its lessors, lessees, agents and employees harmless from and against any and all claims,
liability, responsibility, losses, cost, fees and expenses (including attorneys' fees and expenses) for
injury to (including death of) persons or damage to property of Grantor, or third persons, of any kind
to the extent arising out of or in connection with the operations.
DALLAS -1105997 v5 1270912-00001
The permission and license granted herein is expressly conditioned upon compliance by the City of
Lubbock with the following covenants and agreements, the breach of which shall permit the Grantor
to immediately terminate such permission and license by written notice to the contact person for the
City of Lubbock.
In connection with the operations, the City of Lubbock covenants and agrees as follows:
(i) At least 24 hour prior notice (which may be telephonic; however, voice mail shall not
be considered notice) shall be given to the Contact Person of any proposed entry upon the Property.
The Grantor or his/its agents or employees shall have the right to accompany the City of Lubbock, its
contractors, agents and employees at all times while on the Property and the City of Lubbock and its
contractors, agents and employees shall cooperate as is reasonably practicable so that all
operations are conducted at times convenient to the Grantor.
(ii) No entry shall be made upon the Property when wet.
(iii) All gates shall be left "as found". In other words, if a gate is open, it will remain open;
if a gate is closed, it will be kept closed.
(iv) Unless otherwise approved by Grantor, by and through the Contact Person, all
operations shall be made (i) on land that is not within a cultivated field (for example: next to a fence
row, inside a bar ditch or within a roadway), or (ii) on land that is within a cultivate field so long as the
location of the operations are approved by the Grantor, by and through the Contact Person (which
approval will not be unreasonably withheld) and the operations are made during a time when the
field is idle (e.g. after harvest and before the field is plowed or otherwise prepared for the next
growing season). The City of Lubbock, its contractors, agents and employees may travel by foot
within cultivated areas for purposes of conducting operations at any time of the year. The City of
Lubbock shall compensate Grantor for damage caused by it, its contractors, agents and employees
to the Property and Grantor's equipment and improvements thereon, including without limitation (i)
any damage to irrigation systems or any other improvements or equipment (at the actual cost to
repair such items as evidenced by third party invoice(s)), and (ii) damage to growing crops (as
reasonably estimated by the parties).
(v) All bore holes shall be filled and compacted so that the Property is returned to the
condition that existed prior to boring.
(vi No plants or animals, and no artifacts or other archeological items of any kind, shall
be removed from the Property. Grantor shall have the right to accompany any person conducting
any archeological surveys or studies.
(vii) No firearms shall be permitted upon the Property
(viii) Except as otherwise provided in this Agreement, all operations from motor vehicles
shall be conducted either (i) on roads or upon uncultivated lands, or (ii) upon cultivated lands while
said lands are idle, as provided above, unless otherwise agreed by the Grantor, by and through the
Contact Person. Further, unless the Grantor, by and through the Contact Person, agrees otherwise,
and except as otherwise provided herein, the City of Lubbock and its contractors, agents and
employees shall not drive any vehicle of any kind whatsoever across any cultivated fields (unless
said lands are idle) or in any way disturb rows or crops or farming operations on the Property except
as may be caused by foot traffic.
Unless sooner terminated as provided herein, this Survey Permit shall terminate on the
earlier of (i) completion of the survey by the City of Lubbock, or (ii) September 1, 2009.
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DALLAS-1105997 v5 1270912-00001
Property Owner:
Lessee/Tenant (if applicable)
The City of Lubbock
By:
Printed Name:
Title: City Manager
ATTEST:
Printed Name:
rc:LAH Pipeline Easement -Survey Permit -Cultivated Land 0808.fina
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DALLAS-1105997 v5 1270912-00001