Loading...
HomeMy WebLinkAboutResolution - 2009-R0417 - Pipeline Right Of Way & Facility Easement Agreement - West Texas Gas Inc. - 10/08/2009Resolution No. 2009-80411 October 8, 2009 Item No. 5.14 RESOLUTION 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, a Pipeline Right of Way and Facility Easement Agreement, by and between the City of Lubbock and West Texas Gas, Inc., 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 this 8th ATTEST:. Cify S APPROVED AS TO `.'ONTENT: '6- - Dave Booher, Right of Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney day of October , 2©09. TOM MARTIN, MAYOR vw:ccdocs/RES.ROW Agreement -COL & West Texas Gas, Inc. September 17, 2009 Resolution No. 2009-RO417 PIPELINE RIGHT OF WAY AND FACILITY EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § For and in consideration of the sum of TEN and NO/ 100 DOLLARS ($10.00) cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, The CITY OF LUBBOCK, TEXAS, whose mailing address is P O Box 2000, Lubbock, Texas 79457, (hereinafter referred to as "GRANTOR", whether one or more), hereby GRANTS and CONVEYS unto WEST TEXAS GAS, INC. (hereinafter referred to as "GRANTEE") whose mailing address is 211 North Colorado, Midland, Texas 79701, a right-of-way easement or servitude (hereinafter referred to as the "Right -of -Way") to construct, maintain, inspect, operate, replace, repair, protect, change or remove one pipeline for the transportation of natural gas and its related components (Exhibit "A" Tract I), one ten foot by ten foot (10' X 10') above ground facility easement for natural gas measurement, regulation and related facilities (Exhibit "A" Tract II), and one thirty foot by thirty foot (30' X 30') above ground facility easement for natural gas measurement, regulation and related facilities (Exhibit `B"), together with all appurtenances thereto (including above and below ground valves, pipeline markers, communication equipment, meters, meter houses or sites and other appurtenances, including cathodic protection facilities) on, over, across and under the lands in Sections 1 and 11, Block B, Lubbock County, TX, all more fully described on Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by reference, of which GRANTOR warrants that GRANTOR is the owner or partial owner in fee simple, situated in Lubbock County, Texas (hereinafter referred to as the "Land"). The GRANTEE will have all rights and benefits necessary or convenient for the full enjoyment or use of the rights granted, including without limitation; the free right of ingress and egress over and across those lands to and from the Right -of -Way; the right to use all roads and alleys over and across those lands; and the right from time to time to cut all trees and under growth and remove other obstructions that may injure, endanger or interfere with the use of the Right -of -Way. This grant shall apply to any interest presently owned or hereafter acquired by GRANTOR in the Land. GRANTEE shall bury all pipeline(s) below normal plow depth and pay for any physical damage to fences or other structural improvements located outside the granted Right -of -Way, which are caused by construction, maintenance, operation, repairing, alteration, replacement or removal of the pipeline and appurtenant facilities. GRANTEE will indemnify GRANTOR from and against all claims, injuries, suits, damages, costs, losses, and expenses resulting from or arising out of the activities of GRANTEE and GRANTEE'S heirs, employees, legal representatives, invitees, contractors, subcontractors, successors or assigns on the Land. GRANTOR may use and enjoy the Land; however, GRANTOR shall not exercise such use and enjoyment in any manner that impairs or interferes with the exercise by GRANTEE of rights herein granted. This grant is a surface easement of servitude only, and does not cover or include any interest in the minerals in, on, and under the Land, and is subject to any and all existing leases and easements or servitudes covering the Land and recorded in the public records. This grant covers all agreements between the parties concerning the Right -of -Way and no representation or statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement. TO HAVE AND TO HOLD said Right -of -Way and rights associated therewith unto GRANTEE, its successors and assigns. The terms and conditions of this Agreement bind and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors, assigns and representatives. All rights herein granted may be assigned in whole or in part.. EXECUTED as of and to be effective the 8th day of October , 200 9 GRANTOR: THE CITY OF LUBBOCK, TEXAS TOM MARTIN, MAYOR ATTEST: Rebecca k o .�. APPROVED AS TO CONTENT: '�i2 Dave Booher, Right of Way Agent APPROVED AS TO FORM: (1—al Weaver, Assistant City Attorney ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF LUBBOCK The foregoing was acknowledged before me on t 200q_, by �:t�Bdrmj�tj_ , as City of Lubbock, Texas. SYLVIA H. REYES Notary Public, State of Texas r W C�O�A mission Expires 04-23-2010 ie� day of for the Not. Public in and for e State of Texas 091218 West Texas Gas Company Only TRACT I Resolution No, 2009-RO417 HUGO REED AND ASSOCIATES, INC. 1601 Avenue N I Lubbock, Texas 79401 18061763-56421 FAX 806863-3891 EXHIBIT METES AND BOUNDS DESCRIPTION of a 1.586 acre tract of land located in a tract described in Volume 2318, Page 73 of the Real Property Records of Lubbock County, Texas, located in Sections 1 and 11. Block B, Lubbock County, Texas, being further described as follows; BEGINNING at a 1/2" iron rod with cap set for the Southwest corner of this tract which bears S. 89°56'25" W. a distance of 903.82 feet and N. 00°12'59" E. a distance of 102.88 feet from the Southeast corner of Section 1. Block B and the Southwest corner of Section 11. Block B, Lubbock County, Texas; THENCE N. 00012'59" E. a distance of 20.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE S. 89"40'26" E., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 40.00 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 00012'59" W. a distance of 5.00 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 89040'26" E.. parallel with the North right-of-way line of East 501h Street (F.M. Road 835), a distance of 651.49 feet to a 112" iron rod with cap set for a corner of this tract; THENCE N. 00'10'05" W. a distance of 20.01 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S_ 89040'26" E.. parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 262.00 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 00010'05° E. a distance of 20.08 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 89°40'41" E., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 720.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 00°19"19" W. a distance of 5.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 89040'41 " E., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 185.60 feet to a 1/2" iron rod with cap set for a corner of this tract: THENCE S_ 000 19'20" W. a distance of 10.00 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 89040'40" E., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 609.12 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 89059'40" E., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 123.20 feet to a 1/2" iron rod with cap set for a point of intersection; THENCE S. 84017'E-, parallel with the North richt-of-way line of East 50th Street (F.M. Road 835), a distance of 100.50 feet to a I/2" iron rod with cap set for a point of intersection: THENCE S. 89059'40" E., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 702.90 feet to a 112" iron rod with cap set for the Northeast corner of this tract; Page 1 of 3 THENCE S. 00000'20" W., parallel with the East line of said tract described in Volume 2318, Page 73 and the West line of a tract described in Volume 2414, Page 103 of the Real property Records of Lubbock County. Texas, a distance of 20.00 feet to a 1/2" iron rod with cap set for the Southeast corner of this tract: THENCE N. 89°59'40" W.. parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 70290 feet to a 1/2" iron rod with cap set a point of intersection; THENCE N. 84'1 TW., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 100.50 feet to a 1/2" iron rod with cap set for a point of intersection: THENCE N. 8959'40" W., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 123.20 feet to a 112" iron rod with cap set for a corner of this tract: THENCE N. 890 0'40" W., parallel with the North right-of-way line of East 50th Street (F -M. Road 835), a distance of 629.12 feet to a 1/2" iron rod with cap set for a corner of this tract: THENCE N. 000 19'20" E. a distance of 10.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 89°40'41" W., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 185.60 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 00619'19" E. a distance of 5.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 89°40'41" W., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 720.00 feet to a 1/2" iron rod with cap set for a corner of this tract: THENCE N. 00°10'05" W. a distance of 20.08 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 89040'26" W., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 222.00 feet to a 112" iron rod with cap set for a corner of this tract: THENCE S. 00°10'05" E. a distance of 20.01 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 89040'26" W„ parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 691.56 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 00°12'59" E. a distance of 5.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 89040'26" W., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 20.00 feet to the Point of Be -inning. Contains: 69,087 square feet Bearings are relative to the South line of Section 11, Block B, being previously recognized as N. 89°56'25" E. TRACT 11 METES AND BOUNDS DESCRIPTION of a 100 square foot tract of land located in a tract described in Volume 2318, Page 73 of the Real Property Records of Lubbock County, Texas, located in Section 1, Block B, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set for the Southwest corner of this tract which bears S. 89°56'25" W. a distance of 903.82 feet and N. 00°12'59" E. a distance of 122.88 feet from the Southeast corner of Section 1, Block B and the Southwest corner of Section 11, Block B, Lubbock County, Texas; THENCE N. 00°12'59" E. a distance of 10.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; Page 2 of 3 THENCE S. 89040'26" E., parallel with the North right-of-way line of East 50th Street (F.M_ Road 835), a distance of 10.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; THENCE S. 00°12'59" W. a distance of 10.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this tract; THENCE N. 84°40'26" W., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 10.00 feet to the Point of Beginning. Bearings are relative to the South line of Section 11, Block B, being previously recognized as N. 89°56'25" E. Tract numbers are for identification purposes only Surveyed on the ground September 4. 2009 Brent Carroll Registered Professional Land Surveyor No. 5410 State of Texas Page 3 of 3 091218 West Texas Gas Company Only Resolution No. 2009—RO417 HUGO REED AND ASSOCIATES, INC. 1601 Avenue N / Lubbock, Texas 79401 18061763-5642 ! FAX 8061763-3891 EXHIBIT �6 METES AND BOUNDS DESCRIPTION of a 0.021 acre tract of land out of a tract described in Volume 2318, Page 73 of the Real Property Records of Lubbock County, Texas, located in Section I I, Block B, Lubbock County, Texas, being further described as follows - BEGINNING at a 1/2" iron rod with cap set in the East line of said tract described in Volume 2318, Page 73 and the West line of a tract described in Volume 2414, Page 103 of the Real Property Records of Lubbock County, Texas, for the Southeast corner of this tract which bears N. 89°56'25" E. a distance of 2763.67 feet and N. 00'00'20" E. a distance of 30.00 feet from the Southeast corner of Section 11, Block B, Lubbock County, Texas; THENCE N. 89°59'40" W., parallel with the North right-of-way line of East 50th Street (F.M. Road 835), a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this tract; THENCE N. 00°00'20" E., parallel with the East line of said tract described in Volume 2318, Page 73 and the West line of said tract described in Volume 2414, Page 103, a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE S. 89059'40" E., parallel with the North right-of-way line of East 50th Street (F.M- Road 835), a distance of 30.00 feet to a I/2" iron rod with cap set in the East line of said tract described in Volume 2318, Page 73 and the West line of said tract described in Volume 2414, Page 103, for the Northeast corner of this tract; THENCE S. 00000'20" W., along the East line of said tract described in Volume 2318, Page 73 and the West line of said tract described in Volume 2414, Page 103, a distance of 30.00 feet to the Point of Beginning. Contains: 900 square feet Bearings are relative to the South line of Section 11, Block B, being previously recognized as N. 89°5+6'25" E. Surveyed on the ground September 10, 2009k� Brent Carroll Registered Professional Land Surveyor No. 5410 State of Texas OF. GREW CARROLL r vd'�5410 E55 of < S1 0 SUA�-