HomeMy WebLinkAboutResolution - 2014-R0092 - Right Of Way Easement - 03/13/2014RESOLUTION
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 -Way and Easement in connection with certain
properties in Lubbock County, Texas, and all related documents. Said Right -of -Way and
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 on March 13, 2014
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GL C. ERTSON, MAYOR
ATTEST:
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Rebe ca Garza, City Secreta
APPROVED AS TO CONTENT:
R. Keith Smith, P.E., Director of Public Works
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver., Assistant City Attorney
vwxcdocs. RES.Easement-Properties Lubb County
1.31.2014
PREPARED BY: Atmos Energy Corporation
Dale Broadstreet Project Specialist
4001 MLK Jr. Blvd Lubbock, Texas 79404
RIGHT-OF-WAY AND EASEMENT
STATE OF TEXAS §
COUNTY/PARISH OF LUBBOCK
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT, City of Lubbock, TX, a municipal corporation of Lubbock County, Texas , whose
legal address is 1625 13 thSt. Lubbock, TX 79457, hereinafter called GRANTOR (whether one or
more), for and in consideration of the sum of Ten and NO/100 ($10.00) DOLLARS, and other
good and valuable consideration in hand paid by Atmos Energy Corporation, a Texas and Virginia
corporation, whose mailing address is P.O. Box 650205, Dallas, TX 75265-0205, hereinafter
called Grantee, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these
presents do grant, bargain, sell and convey, unto the said Grantee, its successors and assigns, a
perpetual right-of-way and easement in, across, under, over and through the following described
property in Lubbock County, State of Texas (hereinafter the "Property"), and being a portion of
Grantor's Property described in Deed (Conveyance) Book 267, Page (Folio) 206, Register's
(Recorder of Conveyances) Office of Lubbock County/Parish, State of Texas.
Distribution Pi eline Easement
Twenty (20') feet in width, to install, construct, reconstruct, inspect, operate, maintain, alter,
repair, change the size of, replace and remove, abandon in place and/or remove at will, in whole
or in part, relocate along the same general direction, relocate in the same relative position to any
adjacent road if and as such road is widened in the future, one or more gas pipelines, service
laterals and extensions thereto, together with meters, regulators, cathodic protection equipment
and aerial markers, and all other facilities, equipment and other appurtenances thereto, over and
through the Property, necessary or convenient to Grantee in the use of said pipeline(s)
(collectively, unless the context indicates otherwise, the "Pipeline"), depicted on the plat attached
hereto as EXHIBIT "A" and made a part hereof.
Above Ground Facilities Easement
A tract of land FIFTY EIGHT.25' (58.25') feet by ONE NINTY EIGHT. TWENTY ONE (198.21')
feet in size for the purposes of erecting, installing, constructing, owning, operating and
maintaining certain above and below ground facilities comprising natural gas regulating, metering,
odorization, compression, or other station, together with all related meters, risers, piping, valves
and other facilities and equipment appurtenant thereto as deemed necessary or convenient by
and to Grantee (collectively, unless the context indicates otherwise, the "Facilities"), said tract of
land being more particularly described as follows (hereinafter the "Facilities Property'),
as depicted on the plat attached hereto as EXHIBIT "B" and made a part hereof.
This grant shall carry with it the rights of ingress and egress to and from said Property and/or
Page 1 of 3
NE TBS EASEMENT.doc
Facilities Property, including the right to temporarily utilize adjoining property of Grantor during
construction, repair and maintenance of the Pipeline and/or Facilities with the right to use existing
roads for the purpose of constructing, operating, inspecting, repairing, and maintaining the
Pipeline and/or Facilities, and the right of removal or replacement of the same with either like or
different size or type pipe, facilities or equipment, whether larger or smaller, or other construction
at will, either in whole or in part.
TO HAVE AND TO HOLD the above described rights and easements, together with any
other rights necessary to operate and maintain the Pipeline and/or Facilities over and across the
above described property unto the said Grantee, its successors and assigns.
With the exception of the easement area comprising the Facilities Property, if applicable,
Grantor shall have the right to fully use and enjoy the surface of the easement area except for the
purposes herein granted provided that such use and enjoyment shall not, in the sole judgment of
Grantee, hinder, conflict or interfere with the exercise of the Grantee's rights hereunder. No
permanent building, house, well, reservoir, structure or obstruction shall be constructed upon,
under or across the easements or rights-of-way herein granted without the Grantee's written
consent. Further, Grantor shall not fence the easement area or change the grade of the
easement area or excavate within the easement area without the written permission of Grantee.
Grantor further agrees not to change the grade, remove dirt from the surface of the easement or
impound water over the easement without prior approval of Grantee. Grantee shall have the right
to install at its expense, permanent gates in any existing fence to permit ingress and egress along
the easement or right-of-way herein granted. Grantee agrees to pay for damages to growing
crops and other property of Grantor, or any tenant or lessee of Grantor, as their respective
interests may appear, arising out of the construction, operation, repair, inspection, maintenance
or replacement of the Pipeline and/or Facilities maintained hereunder unless caused by the
negligence of Grantor or of Grantor's agents, employees, representatives or assigns. Grantee
agrees to hold Grantor harmless from all damages, injuries or claims by third parties resulting
from the construction, operation or maintenance of any pipeline(s), facilities and/or appurtenances
thereto constructed by Grantee under this easement.
The Grantee shall bury the Pipeline, if applicable, to a depth not less than that required
by applicable law or regulation. All construction, maintenance and repairs which shall be made to
the Pipeline and/or Facilities shall be done at times suitable to Grantee and, if possible, at such
times as will least interfere with the agricultural use of the Property. Grantee shall have the full
right, at its sole option, to clear, and keep clear, the right-of-way and easement herein granted,
and all timber, trees, undergrowth and other obstructions which might interfere with the
construction, operation, inspection, repairing or maintenance of the Pipeline and/or Facilities, or
endanger same. Grantee shall have the right to select the exact location of said Pipeline(s) and
any future Pipeline(s) within said easement, and to do whatever may be requisite for the use and
enjoyment of the rights herein granted. Grantee agrees to restore the Property and/or Facilities
Property to as close to the original condition as is reasonable.
Grantor represents that Grantor is the owner in fee simple of the land above described,
free and clear of any unstated liens, encumbrances or imperfections, and warrants the title to the
Property and/or Facilities Property, subject to outstanding mortgages, if any, now on record in
said County/Parish.
Grantor shall retain all oil, gas and other mineral rights in, on and under the right of way
and easement granted herein.
This right-of-way and easement shall run with the Property and/or Facilities Property and
inure to the benefit of, and be binding upon, the successors in interest of Grantor, in and to the
Property and/or Facilities Property.
Grantee shall have the right to assign this easement in whole or in part of one or more
Page 2 of 3
NE TBS EASEMENT.doc 4e.-
assignees.
This contract is binding upon any subsequent owner or owners of said land, and it is
hereby expressly understood that the parties securing this grant in behalf of Grantee are without
authority to make any covenant or agreement not herein expressed and hereby adopt the name
hereinabove stated and impresses the same upon said land, incorporating said map as a part of
this dedication.
WITNESS THE EXECUTION HEREOF this JAIL day of March A.D., 2014.
GRANTOR:
CITY OF LUBBOCK
BY
Nai
ATTEST:
EB F
CCA GARZA, City Secret ry
APPROVED AS TO CONTENT:
DAVE BOOHER, Right -of -Way Agent
APP D AS O FORM:
CHAD WEAVER, Assistant City Attorney
ACKNOWLEDGMENT BY CORPORATION OR OTHER BUSINESS ENTITY
STATE OF TEXAS§
COUNTY OF LUBBOCK§
BEFORE ME, the undersigned Notary Public, on this day personally appeared GLEN
ROBERTSON, Mayor of the City of Lubbock, Texas, a Home -Rule Municipality, known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same on behalf of THE CITY OF
LUBBOCK,TEXAS for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ljef4 day of 2014.
X7 ___14;
Not—ary Public, State of Texas
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METES AND BOUNDS DESCRIPTION of a 0.2643 acre tinct of bind
out Oft, 640 aero tont desmbed in Volume 267, Page 206 of the Deed
Records ofLubboek County, Tena (parent tact), located in Section 2,
Black D-3, G. C. & S. F. Railroad Company Survey, Lubbock County,
Texas,being further described as tallows:
BEGINNING nt a meal force post found at the Southeast comer of this
tinct whicb bests North a distance of 370.73 feet and West a distance
of 5236 feet from a 518" bon rod found at the Southeast cam= of said
Section 2 and the Southeast cam= of said parent tract
THENCE N. 89°3954" W. a distance of 58.25 feet to a metal fence
post found at the Southwest canter of this tract
THENCE N. 00°02'02" W. a distance of 197.71 feet to metal fence past
found at the Northwest coma of this tact
THENCE N. 89°51' E. a distance of 58.05 feet to a metal fence post
found at the Northeast comer of this one;
THENCE S. 00°05'23" E. a distance of 198.21 feet to the Point of
Beginning.
Contains: 11,512 square feet
EXth3IT VA.It
TRACT 11 F s {7G L t ^4th,, C- MjeYAvaS
METES AND BOUNDS DESCRIPTION of a 0.2289 acre tract of land
out o a 640 aero tract described is Voltam: 267, Page 206 of the Deed
Records of Lubbock County (parent tract), Texan, located is Section 2,
Block D-3, G. C. & S. F. Railroad Company Survey, Lubbock Cottony,
Texas,beiug further described as fellows:
BEGINNING at a 12" iron ted with cap art in the East line of said
Section 2 and the Eastern boundary of said patent tract for the
Southeast cam= of this teat which beats North a distance of 4655 feet
from a 5/8" iron rod fount at the Southeast core= of said Section 2 and
the Southeast comer of said parent treat
THENCE N. 35°04'11" W. a distance of 148.07 feet to a 12" iron rod
with cap set for a comer of this tact
THENCE S. 02°15'35" W. a distance of 4128 feet to a 12" iron red
with Cap set for a center. of tbi3 tract
THENCE S. 44°5938" W. a distance of 108.70 feet to a 12" iron rod
with cep set for a corner of this tract
71MNCF West a distance of 14.64 feet to a 12" iron rod with Cap set
far the Southwest corner of this tract
THENCE North a distance of 20.00 feet to a 12" iron rod with Cap set
for a corner of this tract
THENCE East a distance of 635 feet to a 12" iron rod with cap set far
a comer of this tact
THENCE N. 44°5938" E. a distance of 9259 feet to a 12" iron rod
with cap set for a comer of this tract
THENCE N. 02°1535" E. a distance of 236.08 feet to a 12" iron rod
with cap set for the Northwest comer of this tract
THENCE S. 89°39'54" E. a distance of 20.01 feet to a 12" iron rod
with cop set for the Northeast comer of this tract
THENCE S. 02°1535" W. a distance of 17031 feet to a 12" iron rod
with cap set fm a comcr of this tract
THENCE S. 35°0471" E. a distance of 145.81 feet to a 12" iron tad
With cap art in the East line of said Section 2 and the Eastern boundary
of said pateat tract
THENCE South, along the East line of said Section 2 and the Eastern
boundary of said parent tract a distance of 34.81 feet to the Point of
Begiaoing.
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SECTION 2, BLOCK D-3
G. C. & S. F. RAILROAD COMPANY SURVEY
LUBBOCK COUNTY, TEXAS
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