HomeMy WebLinkAboutResolution - 2016-R0161 - NWLDIP With Texas Tech - 05/12/2016h
Resolution No.2016-R0161
Item No.5.10
May 12.2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock,a Right of Access and Use Agreement by and between the
City of Lubbock and Texas Tech University, and related documents. Said Agreement 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 on May 12.2016 .
GLENXZ.ROBERTSON,MAYOR
ATTEST:
AQM/LLl
Rebecca Garza,City Secretarjc)
APPROVED AS TO CONTENT:
tL.Wood Franklin.P.E..Director of Public Works
APPROVED AS TO CONTLNT:
L^asy-e^Kcnrrit^
Dave Booher.Right-of-Way Agent
APPROVED AS TO FORM:
Mitchell SatteTwhite.First Assistant City Attorney
RES.Riaht of Access and Use-TTU A«rmt 4.22.16
Return to:city of Lubbock,Attn;Right of Way;Davy Booher GF#2015-0669F
Resolution No.2016-R0161
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STORM WATER LINE-PERMANENT RIGHT OF ACCESS AN&fe*3 vne
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT TEXAS TECH UNIVERSITY,a component of Texas Tech University System,
herein called "GRANTOR",for and in consideration of the sum of FOUR HUNDRED FIFTEEN
THOUSAND AND NO/100 DOLLARS ($415,000.00) to GRANTOR in hand paid by the CITY OF
LUBBOCK,a Home Rule Municipal Corporation of the State of Texas, the receiptand sufficiency of
which is hereby acknowledged and confessed,and for the further good and valuable consideration in
benefits accruing and to accrue to the remainder of GRANTOR'S property,has by these presents
GRANTED,BARGAINED,SOLD and CONVEYED and by these presents'does GRANT.
BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, its legal representatives, successors
and assigns,for the use of the public as a perpetual and permanent storm water line easement,the free
and uninterrupted use, liberty of passage in, along, on, over,upon,under and across all that certain
2.573 acre tract of real property lying and being situated in the County of Lubbock. State of Texas, and
being more particularly described in the attached Exhibit "A".
Together with the rights of ingress,egress and regress at any and all times to accomplish the
following purposes:allowing constructing,reconstructing,repairing and perpetually maintaining a
storm water line,and all appurtenances associated therewith,which easement includes at all times and
seasons the right of ingress,egress and regress of motor vehicles and personnel engaged in such
construction and repair (the "Purpose"')-Said property above described is not used,claimed or
occupied as business or residential homestead.
In order to assure the said CITY OF LUBBOCK,its successors and assigns of continuing
access and enjoyment of said easement, GRANTOR does hereby expressly agree not to erect, build or
otherwiseallow to be constructed,absent the priorwrittenconsentof the City of Lubbock's Directorof
Public Works,any building or like permanent structure over the said property heretofore described:
and should such building or structure be erected without the consent of theCityof Lubbock's Director
of Public Works,it is understood that the said CITY OF LUBBOCK shall have the right to remove
said building or structure from the premises.
It is further understood and agreed that this easement is executed upon the condition
that upon completion of the said storm water line above described,the premises will be restored to
substantially the same condition as the same were prior to such construction, without cost to
GRANTOR,its successors and assigns.Upon restoration,GRANTOR,its successors and assigns shall
be allowed the use of the surface of the easement area for any and all Purposes,save and except for the
erection thereon of any permanent buildings or structures.
GRANTOR and the CITY OF LUBBOCK acknowledge their understanding,and by the acceptance of
this instrument it is recognized,that:
1.GRANTOR retains title to all of the oil. gas.sulphur,and other minerals in and under and
that may be produced from the Property that is subject to this right of access and use
"Mineral Interests"),and that operations by GRANTOR for exploration or recovery of
Mineral Interests are permitted on the Property so long as the operations do not endanger or
interfere with the Purpose stated in this right of access and use;
2. Accomplishing the Purpose stated in this right of access and use is the sole responsibility of
the CITY OF LUBBOCK. The CITY OF LUBBOCK will pay all costs associated with
planning, constructing, and maintaining the storm sewer utility corridor and any related
work. The CITY OF LUBBOCK will provide GRANTOR with final architectural and
engineering plans of the proposed storm sewer utility corridor for GRANTOR'S review and
approval; and
3. To the extent allowed by law, the CITY OF LUBBOCK shall indemnify and hold
GRANTOR (including members of its Board of Regents, officers, agents, and employees)
harmless from any and all claims and demands arising out of or occurring as a result of this
right of access and use, and of the CITY OF LUBBOCK accomplishing the Purpose stated
in this right of access and use.
TO HAVE AND TO HOLD the above described premises together with all and singular the
rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, its
successors and assigns for so long as the public uses the same for the Purposes herein granted.
WITNESS THE EXECUTION OF THIS INSTRUMENT this / S day of
A7,rI' 1 2016.
TEXAS TECH UNIVERSITY,
a component of Texas Tech University System
BY:
(Printed):
TITLE:
STORM WATER LME EASEMENT
TEXAS TECH UNIVERSITY
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 Sphp Qgp�n '-Topr,tn �- al(title) known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration herein expressed as the act and deed of said
Texas Tech University, a component of Texas Tech University System.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18 day of
Qpnl 2016.
`1 KAHLJE ANNE CAWSON C=� J� �� 0-nu
e Na�vs�emr� Notdry PUbTic in and for the State of Texas
? ,s ?' AUGUST 18, 2016 My Commission Expires: 0.La, utk
gs/SWL-Permanent Right of Access and Use-TTU 3.15.16
STORM WATER LINE EASEMENT
TEXAS TECH UNIVERSITY
R-30.Oa'
G-89'SS'IS"
CH-4740'
N 88-orft' w
43.oa'
Krarsr. PLAT SHOWING SURVEY OF A 2.573 ACRE TRACT
a �r� s ss YE. we LOCATED IN
9. OISi}Y W. CO.W fE£T FAW
e Nan11WE5TfgpFA6Y Z SECTION 2, BLOCK E - 2
E e-2 LIEBOak ER OF S C W5
4hh S TREE T LUBBOCK COUNTY, TEXAS
60'J7 J r-OF-WArEAS WNr ✓a/. 60,, Po 4,Z
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43-FOOT WIDE PERMANENT EASEMENT
METES AND BOUNDS DESCRIPTION of a 2.573 we tray of land located in Section Z Block E-Z, Abstract 818. Lubbock County.
Texas. being further described m follows
BEGINNING at a I& con rod with cap marked "HUGO REED ASSOC!' set In the South right-of-way line of F.M. 2255 (4th Street)
far the Northeast comer of this tract which tears S. 88"OG'37" E. a distance of 95.16 feet and S. 01-53-23" W. a distance of
60.00 feet from the NorAwest comer of said Section, 2
THENCE S. 01°58'08" W. a distance of 239.31 feet to a I& con rod with uq marked "HUGO REED ASSOC' set far a comer of
this tract;
THENCE S. 05"24'OG" W. a distance of 200.36 feet to a I& Iran rod w4th cap marked ')HUGO REED ASSOC' set for a corer of
this tract;
THENCE S. 01°57'59 W. a distance of 2171.03 feet to a I& Iron rod with Cop marked "HUGO REED ASSOC" set in the North line
of Fraternity Addition to the City of Lubbock m recorded in Volume 1211. Page 288. Deed Records of Lubbock County. Texas, far a
corner of this tract;
THENCE N.88°02'DI" W., along the North fine of said Fraternity Addition a distance of 43.00 feet to a I& con rod with cap
marked'i1UGO REED ASSOC" set in the East right-of-way line of Cooker Avenue far a corner of this tract;
THENCE N. OP57'S9" E.. along sold right-of-way line a distance of 2172.32 feet to a 1/2" Iran rod with cap marked "HUGO REED
ASSOC' set far a comer of this trot;
THENCE N. 05'24'06" E., cmtYuYg along said right-of-way line a distance of 200.36 feet to a 112' Iran rod with cop marked
iIUGO REED ASSOC" set for a comer of this tract.
THENCE N. 01°58'08" E.. continuing along said right - of - way Ine a distance of 208.00 feet to a I/7' Iran rod with cap marked
9 UGO REED ASSOC' set far a pant of curvature;
THENCE Northeasterly. continuing along said right-of-way Ine, aiarg a a i ve to the riya, said curve having a room of 30.00 feet.
a central angle of 8955'15', a chard distance of 42.40 feet to a V2" Iran rod Win cap marked "HUGO REED ASSOC' set in the
South right-of-way, line of said F.M. 2255 far a pant of tangency,
THENCE S. 88°0637" E., song sold right-of-way line a distance of 13.04 feet to the Paint of Beginning.
SURVEYED ON THE GROUND
SEPTEMBER 3, 2014
ROBERT A.CHRISTOPHEER
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5167
LICENSED STATE LAND SURVEYOR
STATE OF TEXAS
NOTES:
®- SET 1/2' IRON ROD WITH CAP MARKED
"HUGO REED ASSOC."
BEARINGS RELATIVE TO THE TEXAS COORDINATE
SYSTEM OF 1983, NORTH -CENTRAL ZONE,
EPOCH 2O10.0
No abstract of title or title commitment woe provided to this surveyor.
Record research done by this surveyor was made only far the purpose
of determining the boundary of this property and of the adjoining
parcels. Record documents other than those shown an this survey may
exist and encumber this property.
Boundary control far this project as established and shown an drawing
entitled' NW Drainage Basemop RAC" an file in the offices of Hugo
Reed d Associates, Inc.
/ O N
�OFES 7O�P
K
O
z
SCALE: 1°=3001
COPYRIGHT 2014 HUGO REED a ASSOCIATES. INC.
FfqHUGO REED
AND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
rEris keExseaswvu�nxc rims locrosa PHONE; 8061763-5642
revs BEG161EREn ENGINEE6WG mxe F.760 FAX: 8061763.3891
Lubbock, TX RECORDER
RP C1:IPI
Date:
06!20/2016
For:
Lubbock Abstract and Title Co Inc
Total:
$33.00
Entry:
2016021622
Receipt
2016021622
County Recorder: - -I K e I p Pinion --
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
OP
aPs�
Kelly Pinion, County Clerk
Lubbock County, TEXAS
06/20/2016 12:51 PM
Recording Fee: $38.00
2016021622