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HomeMy WebLinkAboutResolution - 2005-R0516 - Easement Agreement - Amereican State Bank - South Side Of Municipal City Hall - 11/07/2005Resolution No. 2005-R0516' November 7, 2005 Item 5.19 RESOLUTION ZESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and I to execute for and on behalf of the City of Lubbock, an Easement Agreement for ment for the construction, maintenance, repair, and all appurtenant uses related to sing wall and sidewalk along the south wall of the Municipal City Hall, by and n the City of Lubbock and American State Bank of Lubbock, Texas, 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 7th day of KgAmber _, 2005. ATTEST: Re cca Garza, City Secretary APPROVED AS TO CONTENT: Harlan Stauffer, APPROVED AS TO FORM: Matti ew L. V�ade Natural Resources Attorney gs/ccdocs/iContract-ASB easement -res October 20, 2005 GAL, MANOR C0NTgA(--T NO. 65+2 EASEMENT AGREEMENT This Easement Agreement, hereinafter referred to as the "Agreement", is entered into at Lubbock, Texas, by and between the City of Lubbock, Texas, a municipal corporation located at 1625 13`x' Street, Lubbock, 79401, Lubbock County, Texas, hereinafter referred to as the "City", and American State Bank, a corporation duly organized and existing under the laws of Texas, with its principal place of business located at 1401 Avenue Q, Lubbock, 79401, Lubbock County, Texas, hereinafter referred to as the "Bank". The City and the Bank are collectively referred to as the "Parties." EASEMENT CONVEYANCE 1. The Bank agrees to grant and convey, from the Effective Date of this Agreement, to the City a perpetual easement over and across the property owned by the Bank for the construction, maintenance, repair, and all appurtenant uses related thereto, of a retaining wall and sidewalk along the south wall of the Municipal City Hall of the City being more particularly described as "Tract 1" of Exhibit "A" which is attached hereto and incorporated herein as though set forth fully herein. CONSTRUCTION AND MAINTENANCE 2. The retaining wall and sidewalk described above shall be constructed and maintained in good repair, as determined by the City, at the City's sole cost and expense. CONSIDERATION 3. The City agrees to pay owners two thousand two hundred and fifty and no/100 dollars {$2,250.00} for this easement on or before the Effective Date. Tender of the City's valid check in the above-mentioned amount shall constitute a sufficient tender of payment under this Agreement. On proper tender, the Bank will grant and convey the above-described easement in the form attached hereto as Exhibit "B". Such exhibit shall then be filed by the City with the official public records of Lubbock County. 4. As additional consideration, the City agrees to provide to the Bank engineering schematics, drawings and designs for drainage purposes of the Bank's driveway immediately adjacent to "Tract II" of Exhibit "A". Such schematics, drawings and designs are attached hereto as Exhibit "C" and delivered "AS IS" and "WITH ALL FAULTS"; further, THE CITY MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO THE PROVISION OF ANY ENGINEERING SCHEMATIC, DRAWING OR DESIGN AND SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Page 1 of 4 !, WARRANTY OF TITLE 5. The Bank and the Bank's personal representatives, successors, and assigns are and shall be bound to warrant and forever defend the easement and rights conveyed in this Agreement to the City and the City's personal representatives, successors and assigns, against every person lawfully claiming or to claim all or any part of the interest in the property owned by the Bank and that also farms the basis of this easement. EASEMENT TO RUN WITH LAND 6. This grant of easement shall run with the land and shall be binding on and shall inure to the benefit of the Parties to this Agreement, their respective heirs, successors, or assigns, whether or not the easement is referenced in any conveyance of the dominant estate property or any portion of it. TEMPORARY EASEMENT 7. In addition to the easement described above in Paragraph 1, the Bank shall grant to the City a temporary easement for the construction and installation of the above described retaining wall and sidewalk along the south wall of the Municipal City Hall of the City of Lubbock being more particularly described as "Tract II" of Exhibit "A" which is attached hereto and incorporated herein as though set forth fully herein. On completion of construction and installation, the City shall replace and restore all structures, irrigation systems, vegetation and landscaping relocated or removed from "Tract II" of Exhibit "A" during the construction period at the sole cost and expense of the City. MISCELLANEOUS 8. Authority. All signatories to this Agreement hereby warrant that they have the authority to execute this Agreement and bind their respective parties. 9. Entire Agreement. This Agreement states the entire agreement of the Parties with respect to the matters discussed herein, and supersedes all prior or contemporaneous oral or written understandings, agreements, statements or promises as they pertain to the easement described herein. 10. Amendments. This Agreement may not be amended or modified in any respect except by a written instrument duly executed by all of the parties to this Agreement. 11. Notice. Any notice required to be given to any Party under this Agreement shall be in writing and will be considered duly delivered when mailed by registered mail, return receipt requested, or sent by facsimile or electronic transmission with receipt acknowledged, to the address or phone number listed below or to any other address or number previously furnished in writing for such purpose to all the Parties hereto: Page 2 of 4 City of Lubbock City Manager P.O. Box 2000 Lubbock, Texas 79457 Telephone: (806) 775-2001 Facsimile: (806) 775-3267 American State Bank CHTFF FINANCIAL OFFICER PO BOX 1401 LUBBOCK, TX 79408-1401 (806) 762-7203 X806? 472-3555 12. Consultants/Attorneys. The Bank has consulted with whatever consultants, attorneys, legal representatives or other advisors Customer deems appropriate concerning the effect of the Agreement and the Bank assumes the risk arising from not seeking further or additional consultation with such advisors. 13. Mistakes of Facts/Law. The Bank assumes the risk of any mistakes of facts or law with regard to any aspect of the Agreement, the dispute described herein, or any asserted rights released by the Agreement. 14. Multiple Originals. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 15. JurisdictionNenue. This Agreement is to be construed under Texas law, and all obligations of the parties created by this Agreement are performable in Lubbock County, Texas. Venue for any action brought pursuant to this Agreement, or any activity contemplated hereby, shall lie exclusively in Lubbock County, Texas. 16. Attorney's Fees. If, as a result of either party's breaching this Agreement, the other party employs an attorney to enforce its rights under this Agreement, then the breaching or defaulting party will pay the other party the reasonable attorney's fee and costs incurred to enforce this Agreement. 17. No Partnership, Joint Venture Or Lending Of Credit Intended. Nothing in this Agreement shall be construed to create a partnership, joint venture or other legal entity between the Parties. The rights and obligations of the Parties are to be governed strictly by this Agreement and it is not intended that there shall be any lending of credit by one Party to the other or that either Party shall be entitled to create any obligation binding on the other Party not specifically provided for herein. Nothing herein shall be construed as a loan or pledge of credit or assets by the City as prohibited by Article 3, Section 52 of the Texas Constitution or otherwise. 18. Severability. If any portion of this Agreement is held unenforceable by a court of competent jurisdiction, the remainder of this Contract shall not be affected and shall remain fully in force and enforceable. 19. Maintenance. Improvement and maintenance of the easement granted pursuant to this Agreement will be at the sole expense of the City. The City shall have the right to eliminate any encroachments onto the easement, including but not limited to signage placed on the retaining wall and/or sidewalk that is constructed or exists in the easement. The City shall maintain the easement in neat and clean condition. Page 3 of 4 A EXECUTED this the 2 -,//day ofle--) r , 2005 ("Execution Date") AMERICAN STATE BANK CITY OF LUBBOCK BY: Printed Name:Z�Ia cry / f Title: ve_ ATTEST: ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: i t t,- Quincy White Assistant City Manager APPROVED AS TO FORM: L%2'! Matthew L. Wade Natural Resources Attorney Page 4 of 4 CONTP n e -T No. 6542 Easement Grant State of Texas § County of Lubbock § American State Bank, of 1401 Avenue Q, Lubbock, 79408, Lubbock County, State of , Texas, ("Grantor") owner of the land described in Exhibit "A," which is attached hereto, in consideration of ten dollars and no/100 10.00) and other good and valuable consideration (the "Consideration"), the receipt and sufficiency of which is acknowledged, does hereby grant, bargain, sell, and convey to the City of Lubbock, of 1625 13th Street, Lubbock, 79408, Lubbock County, State of Texas, ("Grantee"), the following: A perpetual easement for the construction, maintenance, repair, and all appurtenant uses related thereto, of a retaining wall and sidewalk along the south wall of the Municipal City Hall of the City of Lubbock being more particularly described as "Tract 1" of Exhibit "A" which is attached hereto and incorporated herein as though set forth fully herein (the "Easement"). The Easement is for the exclusive benefit of and appurtenant to the land, or any portion of the land, in the County of Lubbock, State of Texas, described as follows: the 2.56 acres of the North Portion of Lot "C" of the G.A. Rush Addition, City of Lubbock, Lubbock County, State of Texas according to the map, plat or dedication deed recorded in Volume 1805, Page 58 Beed Records of Lubbock County, Texas. Grantor, for the Consideration, grants, sells, and conveys to Grantee the Easement, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Easement to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. In witness, this deed is executed on j zlo 4— — American State Bank By: - Printed Name: Title: U, ; ✓ [Corporate sea[] e -Y, (d 10 1 -1- If State of Texas § County of Lubbock § Before me, Tammie Stephens, Notary Public, on this day appeared Harry Zimmerman, EVP, known to me to be the person and corporate officer whose name is subscribed to the preceding instrument, and acknowledged to me that the instrument was the act of American State Bank, a corporation, and that he executed the instrument as the act of the corporation for the purposes and consideration expressed, and in the capacity stated, in the instrument. Given under my hand and seal of office, date]. kil yllj �� { TAMMIE SiEPHENS MY COMMISSION sxpIsEs Notary Public in and for the State of Texas "` April 24,2W7 Oversized map viewable in the Office of the City Secretary Page is too large to OCR. Page is too large to OCR.