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HomeMy WebLinkAboutResolution - 2000-R0370 - Right Of Way Water Pipe Easement - TAMU Board Of Regents - 10/12/2000Resolution No. 2000-80370 October 12, 2000 Item No. 51 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 Right -of -Way Water Pipeline Easement, the City of Lubbock being Grantee and the Board of Regents of the Texas A&M University System being Grantor, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of October , 2000. WINDY SITTO 4j1AYOR AT ST: r, Ka n Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa3Agent APPROVED AS TO FORM: -- ee�l� . Richard Casner Natural Resouces Attorney Dh/Ccdoes/ROW-WaterPipel ine.res September 27, 2000 File And Return To Resolution No.. 2060-80370 0191 Ed Bury R -O -W October 12, 2000 �]✓ 226250 Items No. 51 �o +i.V�irJv (FOR TAMUS AMUS B NEIi IT NT I� '72n7,,,,, f *7 ( ) 1 TAMUS Board Policy 41.05(10) I. Grant of Easement: The BOARD OF REGENTS, THE TEXAS A&M UNIVERSITY SYSTEM, (GRANTOR, but hereafter referred to as "TAMUS"), on behalf of the Texas Agricultural Experiment Station, (hereafter referred to as "TAES"), acting by and through its duly authorized officer, under authority of Board Policy 41.05(10), on behalf of the State of Texas, by virtue of authority granted to the Board by TEX. EDUC, CGDE ANN. § 85.26(c) (Vernon 1996), in consideration of the mutual benefits to be derived by both parties, GRANTS, BARGAINS, SELLS AND CONVEYS to the CITY OF LUBBOCK, (GRANTEE, but hereafter referred to as "LUBBOCK"), its successors and assigns, a non-exclusive water pipeline easement across certain Property of TAMUS, (hereafter referred to as the "Property" or "TAMUS Properly"), located in Lubbock County, Texas, more particularly described as follows: See Exhibit "A" attached and made a part of this easement. As further consideration for the grant of this easement, LUBBOCK expressly acknowledges the release, extinguishment, and abandonment of any and all prior rights, recorded or unrecorded, to any existing pipeline(s) or existing easement(s) under or across the Property. II. Purpose and Location of Easement: This non-exclusive easement is granted for the purpose of constructing and maintaining a single eight inch (8") water pipeline, in one ten foot,(10') wide Prepared by Associate General Counsel h:/EDG/castmenWsanitaryltaes-lubbock, 4NURBN 04/1212000-F,DG System Real Estate Office OFFICIAL DOCUMENT V"117207PA,,F 73 easement. A plat of TAMUS Property showing the area affected by this easement and the location ofLUBBOCK's right-of-way is depicted on Exhibit "B", attached and made a part of this easement. III. Right of Access: LUBBOCK has the right of ingress and egress across TAMUS Property for the purpose of constructing, maintaining, repairing, replacing and rebuilding its facilities. LUBBOCK agrees to occupy the surface only to the extent and for the length of time necessary for constructing, operating, maintaining, repairing, replacing and rebuilding such facilities. Any access point used by LUBBOCK for ingress or egress in the exercise of its rights, must be kept in proper condition at all times. IV. Duties: If LUBBOCK damages or destroys any fences, roads, parking lots, sideAl s, cu verts, buildings or other structures or equipment on the right-of-way, other than its own property, LUBBOCK must, within a reasonable period of time, repair or replace the property to the extent it will, as nearly as practicable, be in like condition as before such damage or destruction. At the option of TAMUS, in lieu of repairing or replacing, money damages will be paid. Such damages include those incurred as a result of LUBBOCK or its agents or employees entering, departing, or by reason of being present on the TAMUS Property. The Property affected will be leveled as required by TAMUS so the Property will, to the degree possible, be in the same general condition as before LUBBOCK's activities. LUBBOCK agrees to notify TAMUS, in the manner set forth in Section XIX, no later than three (3) business days after completion of initial construction and cooperate with TAMUS personnel in an on site inspection to assess damages resulting from 2 Prepared by Associate General Counsel h-/EDG/=cments/sanitary/taes-tubbcck, 4NURBN 09/t2/20WEDG System Real Estate Office OFFICIAL DOCUMENT 7207PArE 74 LUBBOCK's activities. Prior to any subsequent alteration or additional construction LUBBOCK agrees to notify TAMUS, in the same manner as set forth in this paragraph, five (5) business days prior to commencement of such activities. V. No Fee Interest Granted: This is a grant of right-of-way easement only, and does not grant any fee interest to the surface or any interest in the minerals, on or under the TAMUS Property. This conveyance is made subject to any and all outstanding easements and surface leases covering the Property. VI. Duration of Easement: In accordance with the TEX. EDUC. CODE ANN. § 85.26(c) (Vernon 1996), this grant is for a term of ten (10) years and may be renewed only at the election of TAMUS. LUBBOCK has the right to remove its equipment at the expiration of this easement, provided all obligations to TAMUS under this easement are fully satisfied. All equipment must be removed within one hundred twenty (120) calendar days from the date of termination or abandonment of this easement. If removal causes other injury to the surface or improvements, LUBBOCK will restore or pay for such damage within sixty (60) calendar days after completion of such removal. VII. Reservation of Non -Conflicting Use of Property_: TAMUS expressly reserves for its use of any component of The Texas A&M University System access to the TAMUS Property, such use to be in common with LUBBOCK, provided such use is not inconsistent with the rights of LUBBOCK. 3 Prepared by Associate General counsel h: f EDGleasements/sanitaryltaes-1 ubboc'k. 4 NUREN 0911212000-EDG System Real Estate Office OFFICIAL DOCUMENT voll 0"20774G: 75 It is further agreed LUBBOCK will comply with the Antiquities Code of Texas, TEX. NAT. RES. CODE ANN. § 191 (Vernon 1993) et seq., and LUBBOCK further agrees title to archaeological objects or artifacts, if any, in or on the Property remain with TAMUS. VIII. Hold Harmless: LUBBOCK AND TAMUS, TO THE EXTENT ALLOWED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, EACH AGREE TO HOLD THE OTHER 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 EACH PARTIES RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. IX. Hazardous Waste: TAMUS will not commit or suffer to be committed waste upon the Property; will keep the Property and the improvements in good working order and repair and in a clean, safe and healthful condition; and comply with all state, federal and local laws, rules and regulations with regard to the use and condition of the improvements on the Property. LUBBOCK will not use the TAMUS 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. 4 Prepared by Associate General Counsel h:/E.W/cwcnmtsisanitaryltaes-lubbock, 4NURSN 091 1212000 -EAG System Real Estate Office OFFICIAL DOCUMENT Vf 7PAQ 76 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 to the extent allowed by the Constitution and Laws of the State of Texas, shall defend and hold TAMUS harmless from 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. LUBBOCK's hold harmless includes costs incurred in connection with any investigation of site conditions, any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision, because of hazardous material placed or caused to be placed in the soil or ground water on or under the Property. X. Default and Termination; It is agreed upon default by LUBBOCK of any of these covenants, conditions and agreements, TAMUS has the right, and such right is expressly reserved, to declare this 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 this 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, this easement will remain in full force and effect. Termination or abandonment of this 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 Prepared by Associate General Counscl h fEDUcasemea[slsanitmyft e-lubbock, 4NURBN 09112/2000-EDG wil i 207pur 77 TAMUS. Upon termination or abandonment, LUBBOCK agrees to file a Release of Easement in the Deed Records of Brazos County, Texas. Abandonment will be deemed to have occurred when this easement is not used for the purposes granted for a continuous period of one calendar year. XI. Waiver: No waiver by TAMUS or LUBBOCK of any default or breach of any term, condition, or covenant of this easement will be a waiver of any other breach of any other term, condition, or covenant. XIL Privileges and Immunities: LU13BOCK acknowledges TAMUS is an agency of the State of Texas and nothing in this easement 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. XIII. Texas Law to Apply: This easement is construed under and in accordance with the laws of the State of Texas and is performable in Lubbock County, Texas. XIV. Grammatical Interpretation: When the singular number is used, it also includes the plural, and the masculine gender includes the feminine and neuter gender. XV. Headings: Headings are for reference and will not be construed to limit or alter the meaning of the provisions of this easement. 0 System Real Estate Office OFFICIAL DOCUMENT Prepared by Associate General Cowisel h:/EDG/easementsfsanitaryltacs-lubbock. 4NURBN 99117%21106-EDG til -11 1207PA�� XVI. Parties Bound: This easement is binding upon and inures to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). XVII. Saving Clause: Should any clause in this easement be found invalid by a court of law, the remainder of this easement will not be affected and all other provisions in this easement remain valid and enforceable to the fullest extent permitted by law. XVIII. Assignment: LUBBOCK may not sell, assign, encumber, or convey this easement without the written consent of TAMUS, and any attempt by LUBBOCK to sell, assign, encumber, or convey this easement without such consent will cause this easement to terminate. XIX. Notices: Notices to either Parry will be signed by the designated representative of the Party, or its successors in interest or office, and delivered personally or sent by U.S. certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to "TAMUS": Assistant Vice Chancellor and Director of Real Estate System Real Estate Office The Texas A&M University System John B. Connally Building 301 Tarrow Drive, Ste. 519 College Station, Texas 77844-7896 7 System Real Estate Office OFFICIAL DOCUMENT Prepared by Associate General Counsel b:IEDGlcasements/sanitary/tam-lubbock, 4NURBN 09! 1212060-EDG ?8 If to "LUBBOCK": City of Lubbock 5401 North Martin Luther King Blvd. Lubbock, Texas 79401-9710 Notice will be deemed given on the date it is hand delivered or deposited in the U.S. mail. XX. Entire Agreement: This easement constitutes the entire agreement between TAMUS and LUBBOCK and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either written or oral. This easement may only be amended by a subsequent written instrument. XXI. Effective Date: This easement is deemed to be in force on the 7 -ft- _ day of 1 0 V M fF &L , 2000. IN WITNESS WHEREOF, this instrument is executed this Tt"' day of 2000 by TAMUS. "TAMUS" BOARD OF REGENTS THE TEXAS A&M UNIVERSITY SYSTEM on behalf of Texas Agricultural Experiment Station By: TOM D. KALE Vice Chancellor for Business Services 0 System Real Estate Office OFFICIAL DOCUMENT Prepared by Associate General Counsel h:/EDG/easements/sanituy/taea-lubbock, 4NURBN 09/1212000-EDG RECOMMEND APPROVAL: 4. EDWARD A. HILER Vice Chancellor and Dean Agriculture and Life Sciences Director, Texas Agricultural Experiment Station Director, Texas Agricultural Extension Service Texas A&M University DAN K.UMY Assistant Vice hancelt System Real Estate Office APPRO EDDIE D. GOSE, J.D. Associate General Counsel Office of General Counsel Director of Real Estate lVill i207p�,:,r 80 TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED this 12th day of October , 2000 by LUBBOCK. "LUBBOCK" CITY OF LUBBOCK By: Y SIT O Mayor L9 System Real Estate Offiee OFFICIAL. DOCUMENT Prepared by Associate General Counsel h:/EDGIcasements/sanimryltaes-lubbock, 4NURBN 0911212000 -MG 4 ATTEST: RECOMMEND APPROVAL: sCAL Kayth Darnell, City Secretary APPROVED AS To CONTENT: Ed Bucy, Bight -of -Way Agent STA'T'E OF TEXAS § COUNTY OF LUBBOCK § 1'207P,,,;f 81 APPROVED AS?7,,— z4� Richard Casner Natural Resources Attorney ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared WINDY SITTON, Mayor for the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GNDER MY HAND AND SEAL OF OFFICE this l day of M agh , A.D. 2000. "'14Mf EAH,:R SYLVIYESNotary Puof 7anMy Comores• System Real Estate Office OFFICIAL DOCUMENT NotaryYublic, State of Te as My commission expires: d - .2 3 D SEAL 10 Prepared by Associate General Counsel h:/EDG/ea mems/sanitary/tae-lubboek, 4NURBN 09112/2000-EDG ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § y«, ;2I77PA(jF 82 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared TOM D. KALE, Vice Chancellor for Business Services, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2000. 'L�EfEXPIRE]S, Notary Public, State of Texas � MY CpWMufISSMatch 1My commission expires: SEAL After Recordation Return to: City of Lubbock 5401 North Martin Luther King Blvd. Lubbock, Texas 79401-9710 11 0 =OFFICIAL Office MENT Prepared by Associate General Counsel h:IEDGleasemenWsanitaryltws-Lubbock, 4NURBN 09!]2/20100-EDG ROBERT T. GAY Resolution No. 2000-=RO370 SURVEYOR 2705 - 20TH STREET LUBSOCK, TEXAS 79410 PHONE (806) 747-1364 July 6, 2000 oft v"< <20F'1 pug 83 FIELD NOTE'S for a Fright -of -fir easement 10 feet in oridth out of the north Half of Section 36, Block A, Lubbock County, Texas, described by metes and bounds as follows: BmrZ-TTG at a 3/9" iron rod set in the South Right -of -Way Line of F. M. Road No. 1294 for the Northeast corner of this Fasement, from rhence an auto axle found at the Southeast corner of the Ncrtlrrest C. arter of said Section 36 tears South 2550 feet and West 399.34 feet; MINCE- S 0051130"'S1 a dist- ce of 4614 feet to a 3/9ri iron rod set for a corner of this easement; THME 'West parallel to the South Right -of --Way Line of F. M. Ro-id No. 1294 a awstaace of 10 feet to a. point for a corner of this Easement; MUNCE N 0051130"E a distance of 454 feet to a point for a corner of this -%sement; THE`a;L west parallel to the South Right -of -Way Line of F. M. -%,td No. 1294 a distance of 2677.57 feet to a point for ,a corner of this Basement; THMV.W, $38017130"W a distance of 52.50 feet to s point for a corner of this Easement;. THMO-7 S130161E, 10 feet Fast of and parallel to the Fest Right -of !ay Line Nine of Interstate Hwy. No. 27, a distance of 342.46 feet to a ?point for a corner of this D°:sement; TflMT E in a Southerly direction 10 feat &st of and parallel to the East Right -of -Jay Line of Interstate Huy. No. 27 around a curve to the right having a radius of 15201.08 feet, a delta angle of 260301 and a chord dis- tance of 380.17 feet to a point for a, comer of this Easement; THz'N,CE 3130141W, 10 feet Fist of and parallel to the .est Right -of -Wry Line of Interstate HiAy. No. 27, a distance of 354.19 feet to a point for a corner of this Easement; (1) System Real Estate Office Exhibit OFFICIAL DOCUMENT Page 1 of 2 ROBERT T. GAY SURVEYOR 2705 - 20TH STREET LUBBOCK, TEXAS 79410 PH13NE (605) 747-1364 vj)j 7?07PArF 84 THr&vE in a Southerly direction 10 feet Rist of and PaL = lel to the D%Qt Right -of -Way Line of Interstate Hk�y. No. 27 around a curve to the left having a radius of 1387.69 feet, a delta angle of 130141 and a chord distance of 319-90 feet to a point for a corner of this Easement; 507CF, South, 10 feet East of and-,nr.sjle1 to the Ee.st Right -of -Way Line of Interstate Hwy. Pio, 27, a distance of 2.87 feet to a point in the North Line of a 10 acre tract described in the deed recorded in vol. 1721, page 781, deed records of Lubbock County, Texas, for a corner of this Easement;. =21; West along the North Line of said 10 acre tract a distance of 10 feet to a 3/S" iron rod in the Oast Hight -of -flay Line of Interstate Hwy. No. 27 for the Southwest corner of this Easement; TFiLTCF, Forth along the East Right-of-uray Line of Interstate Ery. Yo. 27 a distance of 2.87 feet to a point for is corner of this Easemeat; THMICE in a Northerly direction along the East ?ight-of-Way Line of Interstate Hwy. No. 27 around a curve to the right having a radius of 1397.6 feet, a delta angle of 130141 And a chord distance of 322.10 feet to a 319t1 iron rod for a corner of this Easement; TWICE 1"13014'i; along the East Right-of-yky bine of Interstate Hi -T. No. 27 a distance of 354.1q feet to a 3/8" iron rod for a corner of this Easement; =N -13E in a Northerly direction along the 3st Right-of-',?hy Line of Interstate H1 y. No. 27 around a curve to the left having a radius of 1910.08 feet, a delta tingle of 260301 and a chord distance of 875.58 feet to a. 3/9" iron rod for a corner of this kkseraent; VEN01E N130161W naozb the East Rig.ht-of-''ray Line of Interstate No. 27 a distance of 347.29 feet to a 3/8" iron rod in the South Right -of -!.fay Line of F. Y. Road No. 129+ for a coreer of this Easemput; THa-SCF N39017'30"L along the South Right -of -'-ray Line of F. N. Rood No. 129+ m distance of 62.18 feet to a 3/9" iron rod for a comer of this Eastment; 1^N.II3CE Dist -along the South Right -of -'day mine of F. Y. Road No. 1294 a distance of 2692.56 feet to the place of beginning. Surveyed by:- Fobert T. Cay Pe istered Professional Land Surveyor E4System Real Estate Office (2) OFFICIAL DOCUMENT Exhibit A Page 2 of 2 5} a R r CA rh$[n RM F I - § C Z$,DC> ` System Real Estate Office OFFICIAL C�CGCJMENT Exhibit � [� J FILED FOR R EC Rn 2aui ALL', - I P 2' L b. 0� 4 904MIY CLtRK. UIRI est COMM TEXAS a r J� u STATE OF TEXAS COUNTY OF LUBBOG C I �1 R r I tweksv MIRY" das on-Im norm was FILETS ,an The datA and M Itq Ilrft llwnp-d he+e.an #Y mm and was duty RFCOrROF} 3 In IMG VOW" aM Frp® oI hh0 Oficial Beal Prop" "Kwdl ©t LuhWOii (`.+OWWY, I"= as slsrnplpI hGraun by rm. AUG 1, Mi olll� CC)UNTY OLERi4 WB CK OOUMY. rE'XAL% �I Pitt 47�3�t 9 7t. 2 "V rir BS 31 �1r►J cti t a2� cam. :moi 5} a R r CA rh$[n RM F I - § C Z$,DC> ` System Real Estate Office OFFICIAL C�CGCJMENT Exhibit � [� J FILED FOR R EC Rn 2aui ALL', - I P 2' L b. 0� 4 904MIY CLtRK. UIRI est COMM TEXAS a r J� u STATE OF TEXAS COUNTY OF LUBBOG C I �1 R r I tweksv MIRY" das on-Im norm was FILETS ,an The datA and M Itq Ilrft llwnp-d he+e.an #Y mm and was duty RFCOrROF} 3 In IMG VOW" aM Frp® oI hh0 Oficial Beal Prop" "Kwdl ©t LuhWOii (`.+OWWY, I"= as slsrnplpI hGraun by rm. AUG 1, Mi olll� CC)UNTY OLERi4 WB CK OOUMY. rE'XAL% �I Larry Hertel, City Engineer Agenda Items and Comments -- City Council Meeting for October 12, 2000 Page 12 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #!SUBJECT # Consider a resolution authorizing the Mayor to execute a Right -of -Way Easement for a water pipeline with Texas A & M University (Airport). BACKGROUND/DISCUSSION: Recently, the City of Lubbock received Federal Funding to extend the main water line at the airport northward, from the old terminal area near 1-27 all the way to Farm To Market Road 1294 and the Texas A & M Agricultural Experiment Station. This new water line will serve the airport's industrial area as well as the experiment station. The water line will also connect to the City's existing water line on the east side of the experiment station and provide increased water pressure since it will now be in a loop. This easement being presented before the City Council today allows the City to place this water line on Texas A & M's agriculture experiment station property. There will be no charge to the City for this easement. SUMMARYIRECOMMENDATION: The Right -of -Way Department recommends the approval of this easement with Texas A & M.