HomeMy WebLinkAboutResolution - 2012-R0315 - Right-Of Way Easement - TAMUS - Overhead Electrical Line - 08/23/2012.esolution No. 2012-80315
,ugust 23, 2012
.tem No. 5.6
RESOLUTION
? 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 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 on
August 23, 2012
Karen Gibson, Mayor Pro Tem
I ATTLST:
l:ebec a Garza, City Secreta
APPI(OVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPr(OVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxudocs/RES. Easement- I' AMUS
August 3, 2012
Resolution No. 2012—RO315
August 23, 2012
Item No. 5.6
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 -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 on
August 23, 2012
5 ~-J
Karen Gibson, Mayor Pro Tem
AT"1'1_Sl':
I:ebec a Garza, City Secretar
i
APPTtOVE,D AS TO CONTENT':
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
'had Weaver, Assistant City Attorney
vw:ccdocs/RES. Easemeut TAMUS
August 3, 2012
Resolution No. 2012-RO315 IIIIIIIIIIIIIIIIIIIIII��III�I�IIIIIIIIIIIII�IIIIIIIII�IIIII� EASE 2012034680
File and Return to 8 PGS
Dave Booher R.O.W.
City of Lubbock
EASEMENT AGREEMENT
(Electric Aerial)
(Renewal)
1. Grant of Easement. The BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM, as grantor ("TAMUS"), on behalf of the State of Texas, acting by
and through its duly authorized officer, under authority of System Policy 41.01, and by virtue of
authority granted to the Board of Regents by TEx. EDUC. CODE ANN. §85.26, in consideration of
the mutual benefits to be derived by both parties, hereby GRANTS, BARGAINS, SELLS, and
CONVEYS to the CITY OF LUBBOCK, a municipality of the State of Texas, as grantee
("LUBBOCIC ), its permitted successors and assigns, a nonexclusive overhead electric line
right-of-way easement (the "Easement") for electrical service on, over, and across certain
property of TAMUS (the "Property"), located in Lubbock, Lubbock County, Texas, more
particularly described in Exhibit "A" attached hereto and made part of this Easement Agreement
(this "Agreement").
2. Purpose and Location of Easement. The Easement is granted for the purpose of
maintaining electrical service to Texas AgriLife Research in Lubbock, Lubbock County, Texas
and extends the term of an existing easement. The Easement will not be used as a right-of-way
for transmission towers, high voltage electric lines or substations. A plat of the Property showing
the surface area affected by the Easement and the location of LUBBOCK's right-of-way is
depicted on Exhibit `B" attached hereto and made a part of this Agreement.
3. Right of Access. LUBBOCK has the right of ingress and egress across the
Property for the purpose of maintaining, repairing, replacing, and rebuilding the electric line.
LUBBOCK agrees to occupy the surface of the Property only to the extent and for the length of
time necessary for maintaining, repairing, replacing, and rebuilding the electric line. Any gate or
opening used by LUBBOCK for ingress or egress in the exercise of its rights must be kept in
proper condition and closed at all times.
4. Duties. If LUBBOCK damages or destroys any fence, road, bridge, culvert,
building, or other improvement, or any personal property, other than its own personal property,
LUBBOCK must, within a reasonable period of time, repair or replace the improvement or
personal property to the extent that such improvement or personal property will, as nearly as
practicable, be in like condition as before such damage or destruction. In lieu of requiring repair
or replacement, TAMUS may, at its option, require that LUBBOCK pay money damages,
including without limitation, those damages incurred as a result of LUBBOCK or its agents or
employees entering or departing the Property, or by reason of being present on the Property.
LUBBOCK agrees to cooperate with TAMUS' personnel in an onsite inspection to assess any
damages resulting from LUBBOCK's activities. LUBBOCK agrees to notify TAMUS five (5)
business days prior to commencement of any repairs, replacements or additional construction on
the Property.
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5. No Fee Interest Granted. This is a grant of a nonexclusive easement only, and
does not grant any fee interest to the surface, subsurface, or any interest in the minerals on or
under the Property. The conveyance is made subject to any and all outstanding restrictions,
reservations, covenants, conditions, leases, easements and other encumbrances filed of record or
apparent on the ground. TAMUS expressly retains all rights to grant, control and renew all
restrictions, reservations, covenants, conditions, leases, easements and other encumbrances, of
every kind and character, on, over or under the Property.
6. Duration of Easement. In accordance with TEx. EDUC. CODE ANN. §85.26(c), this
grant is for a term of ten (10) years commencing April 11, 2012, and may be renewed only at the
election of TAMUS. LUBBOCK expressly understands that its continued possession of the
Property under this Agreement after expiration of its term, without first obtaining a renewal from
the Board of Regents of The Texas A&M University System, is a violation of state law that
subjects LUBBOCK to a penalty of ONE HUNDRED DOLLARS ($100) for each day of such
violation. LUBBOCK agrees to pay TAMUS such penalty within ten (10) business days after
receipt of notice from TAMUS sent in compliance with Paragraph 13 of this Agreement.
7. Removal of Equipment. LUBBOCK has the right to remove its equipment at the
expiration of this Agreement provided all obligations to TAMUS under this Agreement are fully
satisfied. All equipment must be removed within one hundred twenty (120) calendar days from
the date of termination or abandonment of the Easement granted by this Agreement. If removal
causes injury to the surface or to any improvements of TAMUS, LUBBOCK will restore the
surface or improvements or, at TAMUS' option, pay for such damage within sixty (60) calendar
days after completion of such removal. If LUBBOCK fails to remove the equipment within the
times set forth in this Paragraph, TAMUS shall have the right to remove and dispose of the
equipment and collect all costs of removal and disposal from LUBBOCK.
8. Nonexclusive Easement. The Easement is nonexclusive. TAMUS reserves for
TAMUS and TAMUS' successors and assigns the right to full use and enjoyment of the
Property and the right to convey the Property or other rights or easements to others, so long as
such use or conveyance does not unduly interfere with LUBBOCK's use.
9. Hold Harmless. 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 RIGHTS GRANTED
TO LUBBOCK, ITS EMPLOYEES, AGENTS, OR OTHER PERSONS ACTING UNDER
LUBBOCK'S DIRECTION. LUBBOCK FURTHER AGREES TO PAY ALL EXPENSES,
COSTS, AND ATTORNEYS' FEES ASSOCIATED WITH SUCH CLAIMS, DEMANDS,
LIABILITIES, AND CAUSES OF ACTION, AS WELL AS THOSE INCURRED BY
TAMUS IN THE ENFORCEMENT OF THIS INDEMNITY PROVISION.
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City of Lubbock Easement, 2012060024
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10. Use of Property; Compliance. Before breaking ground and during the term of this
Agreement, LUBBOCK shall comply with and obtain any permits or licenses which may be
required by federal, state or local statute in connection with the use of the Property, including the
Antiquities Code of Texas, Chapter 191 of the Texas Natural Resources Code. LUBBOCK
agrees that title to all archaeological objects and artifacts, if any, discovered in or on the Property
shall remain with TAMUS.
11. Hazardous Waste. LUBBOCK will not use the Property or permit the Property to
be used so as to cause, suffer, or 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 wastes, or other chemical compounds.
LUBBOCK is solely responsible for cleanup of any contamination resulting from violation of
this provision.
IF THE PRESENCE OF HAZARDOUS MATERIALS ON THE PROPERTY IS
CAUSED OR PERMITTED BY LUBBOCK AND SUCH MATERIALS RESULT IN
CONTAMINATION OF THE PROPERTY OR IF CONTAMINATION OF THE
PROPERTY BY HAZARDOUS MATERIAL OTHERWISE OCCURS AND IS
RELATED TO LUBBOCK'S USE, THEN LUBBOCK SHALL INDEMNIFY, DEFEND,
AND HOLD TAMUS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
JUDGMENTS, DAMAGES, PENALTIES, FINES, COSTS, LIABILITIES, OR LOSSES
(INCLUDING DIMINUTION IN VALUE OF THE PROPERTY, DAMAGES FOR THE
LOSS OF OR RESTRICTION ON USE OF THE PROPERTY OR OF ANY AMENITY
OF THE PROPERTY, AND SUMS PAID IN SETTLEMENT OF CLAIMS,
ATTORNEYS' FEES, CONSULTANTS' FEES AND EXPERTS' FEES) WHICH ARISE
DURING OR AFTER THE EASEMENT TERM AS A RESULT OF SUCH
CONTAMINATION. THIS INDEMNIFICATION OF TAMUS BY LUBBOCK
INCLUDES COSTS INCURRED IN CONNECTION WITH ANY INVESTIGATION OF
SITE CONDITIONS AND ANY CLEANUP, REMEDIAL, REMOVAL, OR
RESTORATION WORK REQUIRED BY ANY FEDERAL, STATE, OR LOCAL
GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION BECAUSE OF THE
PRESENCE OF HAZARDOUS MATERIAL.
12. Default and Termination. It is agreed that upon default by LUBBOCK of any of
the covenants and conditions set forth in this Agreement, TAMUS has the right, and such right is
expressly reserved, to declare the Easement forfeited, without prejudice to any claim TAMUS
may have against LUBBOCK; provided, however, TAMUS will give LUBBOCK written
notice of its intention to terminate the Easement and the reasons for termination, and
LUBBOCK will have thirty (30) calendar days after receipt of notice to rectify the default or
violation. Upon timely correction, as determined by TAMUS in its sole discretion, the Easement
will remain in full force and effect. Termination or abandonment of the Easement for any cause
is automatic and all rights granted revert to TAMUS without the necessity of any further action
or suit on the part of TAMUS. Upon termination or abandonment, LUBBOCK agrees to file a
Release of Easement in the Deed Records of the County in which the Property is located, but if it
fails to do so within ten (10) days following written demand from TAMUS, then TAMUS shall
Prepared by Office of General Counsel
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have the right to file the Release of Easement. Abandonment will be deemed to have occurred
when the Easement is not used for the purposes granted for a continuous period of one calendar
year.
13. Notices. Any notice required or permitted under this Agreement must be in
writing, and shall be deemed to be delivered (whether actually received or not) when deposited
with the United States Postal Service, postage prepaid, certified mail, return receipt requested,
and addressed to the intended recipient at the address set out below. Notice may also be given
by regular mail, personal delivery, courier delivery, facsimile transmission, email, or other
commercially reasonable means and will be effective when actually received. TAMUS and
LUBBOCK may change their respective notice address by sending to the other party a notice of
the new address. Notices should be addressed as follows:
TAMUS: The Texas A&M University System
Office of General Counsel
Attn: System Real Estate
301 Tarrow Street, 6th Floor
College Station, Texas 77840-7896
Phone: (979) 458-6350
Fax: (979) 458-6359
LUBBOCK: City of Lubbock
Attn: Dave Booher
P.O. Box 2000
Lubbock, Texas 79457
Phone: (806) 775-2352
14. Waiver. The failure of LUBBOCK or TAMUS to insist in any one or more
instances on a strict performance of any of the covenants of this Agreement shall not be
construed as a waiver or relinquishment of such covenants in future instances, but the same shall
continue and remain in full force and effect.
15. Privileges and Immunities. LUBBOCK acknowledges that TAMUS is an agency
of the State of Texas and nothing in this Agreement will be construed as a waiver or
relinquishment by TAMUS of its right to claim exemptions, privileges, and immunities as may
be provided by law.
16. Governing Law and Venue. The validity of this Agreement and all matters
pertaining to this Agreement, including but not limited to, matters of performance,
non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction,
shall be governed and determined by the Constitution and the laws of the State of Texas.
Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TAMUS shall
be in the county in which the primary office of the chief executive officer of TAMUS is located.
17. Grammatical Interpretation. When the singular number is used, it also includes
the plural, and the masculine gender includes the feminine and neuter gender.
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City of Lubbock Easement, 2012060024
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18. Headings. Headings are for reference and will not be construed to limit or alter
the meaning of the provisions of this Agreement.
19. Saving Clause. If any term, provision, covenant, or condition of this Agreement
is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder
of the provisions of this Agreement will remain in full force and effect and will not be affected,
impaired or invalidated.
20. Assignment. LUBBOCK may not sell, assign, encumber or convey the Easement
without the prior written consent of TAMUS and any attempt by LUBBOCK to sell, assign,
encumber or convey the Easement without such consent will cause this Agreement to terminate.
21. Successors and Assigns. This Agreement . and each and all of its covenants,
obligations, and conditions shall inure to the benefit of and be binding upon the heirs, personal
representatives, successors, and permitted assigns of the parties.
22. Entire Agreement. This Agreement constitutes the complete agreement of the
parties and supersedes any prior understanding or agreement, written or oral, between them
regarding the issues covered by this Agreement. This Agreement may not be modified orally or
in any manner other than by agreement in writing signed by the parties hereto or their permitted
successors or assigns.
23. Effective Date. This Agreement is deemed to be in force as of the a i day of
�, 2012.
BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM, an agency of the State
of Texas %i /I
JOIFIN SHARP
Texas
APPROVED AS TO FORM:
GINA M. JOSE
Assistant General Counsel
Office of General Counsel
The Texas A&M University System
System
Prepared by Office of General Counsel
City of Lubbock Easement, 2012060024
Legal Files No. 2012-0029772
GM3-03/29/2012
r, 3i T'Sf if{ LtCttC'' I�
TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED:
CITY OF LUBBOCK, a municipality of the State of
Texas
By:
KARENT GIBSON, MAYOR PRO TEM
ATTEST:
.REHE CA GARZA
City Secretav
ACKNOWLEDGEMENTS
STATE O0EXAS §
COINTV,OF BRAZOS §
This instrument was acknowledged before me this GK day of , 2012
by JOHN SHARP, Chancellor of The Texas A&M University System, on behalf of the Board of
Regents of The Texas A&M University System, an agency of the State of Texas.
`y� KRISANN L. EVERETT
MY COMMISSION EXPIRES
AUGUST 11, 2013
"" + a y Public
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me thisday of 144f 2012
by TW444AR44N, Mayor of the City of Lubbock, a municipality of the State of Texas.
Karen Gibson, Mayor Pro Tem
%",,,,,,�,11,,,,
o`�SOWDEgC,.,��� Notary P lic
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Prepared by Office of General Counsel
LG++ r�6 City of Lubbock Easement, 2012060024
06-28�Go1 ,,,a 6 Legal Files No.2012.0029772
GMJ-03/29/2012
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Resolution No. 2002-RO128
Seven City of Lubbock — Lubbock Power & Light — Overhead Electrical Easements
located in Section 36, Block A, Lubbock County, Texas being described as follows:
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 O1°28'57" E 505 feet and N 88°31'03" E
1,339 feet, thence West a distance of 730 feet.
3. 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 O1°28'57" E 1,121 feet and N 88031'03" 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 O1°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 O1°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 O1°28'57" E 2,553 feet and N 88°31'03" E
1,543 feet, thence South a distance of 875 feet.
Exhibit A
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3
FILED AND RECORDED
1� cF IF.
OFFICIAL PUBLIC RECORDS
Kelly Pinion, County Clerk
Lubbock County TEXAS
August 28, 2012 03:01:00 PM 2012034680
Exhibit B FEE: $44.00