HomeMy WebLinkAboutResolution - 2453 - Easement Agreement - TTU - Improvements, University Avenue - 10/23/1986HW: da
RESOLUTION
Resolution #2453
October 23, 198E
Agenda Item #20
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 an Easement Agreement between the City of
Lubbock and Texas Tech University for improvements to
University Avenue in the City of Lubbock, Texas, 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 23rd day of October
1986.
B.C. MCMINN, MAYOR
ATTEST:
Rane'te Boyd, City Secretary
APPROVED AS TO CONTENT:
�T
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
arold Willard, Assistant
City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
,� vot 3 4 PAGE 210
R,C- 5
5
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared John E. Birdwell, Chairman,
Board of Regents, Texas Tech University, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act and deed of the Board of Regents, Texas Tech
University, for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 y d day of � U+t 6J'— ,
1986.
cr
Notary Public, Lubbock County, Tex
SEAQ
My Commission Expires: Z4-111 -8i9
-6-
Resolution #2453
EASEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS EASEMENT AGREEMENT made this 23rd day of October , 1986, by
and between the City of Lubbock (hereinafter referred to as City), and Texas
Tech University, an institution of higher education of the State of Texas,
acting herein by and through its duly authorized Chairman of its Board of
Regents (hereinafter referred to as University).
WITNESSETH:
WHEREAS University Avenue in the City of Lubbock, Texas, abuts the campus
of the University and provides for ingress and egress to said campus as well as
movement of traffic around the University; and
WHEREAS traffic volume has risen steadily over the past few years due to
the growth of the City and the growth of the University; and
WHEREAS there exists a dire need to improve a portion of University Avenue
so that said street will be able to accommodate the increase in traffic volume
and provide safer ingress and egress to the University; and
WHEREAS the City and the University agree that it is to their mutual
benefit that such improvements be made; and
WHEREAS there is a need to relocate existing utility connections, water
lines, valves and meters and to place street lights, traffic signals, and
traffic control signs adjacent to the west curb line of a portion of University
Avenue; and
WHEREAS Section 109.48 of the Education Code of the State of Texas
authorizes the Board of Regents of Texas Tech University in Lubbock County to
grant easements involving or in connection with utility services on, over or
through the campus of Texas Tech University;
NOW THEREFORE for and in consideration of the mutual covenants herein
contained and TEN AND N0/100 ($10.00) DOLLARS and other valuable consideration,
paid to the University by the City, the University authorizes the City to
exercise the rights, powers, and privileges hereinafter set forth and does by
these presents grant to the City for the term hereinafter indicated an easement
in, upon, along, over, under, and across those tracts of land owned by the
University, situated in Lubbock County and more particularly described as
follows, to wit:
All as set forth on Exhibit A, which Exhibit is attached hereto and made a
part hereof as if fully set forth herein.
together with full rights of ingress, egress and regress at any and all times
during the term of this agreement to accomplish the following purposes:
constructing, reconstructing, repairing and maintaining a storm sewer, water,
lines, electric utility lines, street lights, traffic signals and traffic
control signs.
SECTION 1. TERM
The term of this easement shall be from the date first written above to the
27th day of March, 2030, to the end that this easement agreement is coterminous
with both a lease agreement executed between the City on July 10, 1986, and the
lease agreement between the University and the City dated April 9, 1981, and
recorded in Volume 1760, Page 437 of the Deed Records of Lubbock County, Texas,
reference to which lease agreements is hereby made for all pertinent purposes.
This easement agreement shall supercede that easement dated September 4, 1981.
SECTION 2. OPTION TO RENEW
For and in consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS and
other good and valuable consideration (and as a separate and additional
consideration to the consideration hereinabove set forth) paid to University by
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City, the receipt of which is hereby acknowledged and confessed, the University
does hereby grant to City the option to renew this easement agreement for an
additional period of 50 years, the terms of which shall be as set forth in this
easement agreement between the parties. The City shall give written notice of
its intent to exercise its option to the University at least six (6) months
prior to the expiration of this easement agreement.
SECTION 3. RIGHTS RESERVED
The University reserves the right to make installations of its own,
crossing the installations of City at such point as the University deems proper,
and to grant other parties the right to cross same. All such crossings shall be
made with due regard to safety and sound construction practices, and with
adequate and generally accepted clearances, and the University shall require any
party to whom it grants the right to install lines or other facilities crossing
said easement to make its installations in such a manner so as not to interfere
with the installations of the City made pursuant to this easement. All such
crossings shall be made at the cost and expense of the party who installs the
lines or other facilities which cross those already in place.
SECTION 4. MANNER OF INSTALLATION
City agrees that it will install all utilities included under this
easement in the same manner as it installs same or similar projects in the City
of Lubbock.
SECTION 5. MAINTENANCE AND OPERATION
City agrees that it will maintain and operate all utilities installed
pursuant to this easement agreement in the same manner that it maintains and
operates similar projects in the City of Lubbock.
SECTION 6. PREVENTION OF DAMAGE
The City agrees it will prevent damage to lawns, trees, shrubs, fences and
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improvements, and will back -fill its excavations in such a manner as to restore
the surface of the ground as nearly to its original condition as possible.
City further agrees that before installing any storm sewer, water lines,
electric utility lines, street lights, traffic signals or traffic control signs
contemplated by this easement, City will neither remove nor destroy any
permanent facility or permanent landscaping of University without obtaining
prior approval from said University. However, the City will notify the
University prior to an installation whether or not installation of the above
facilities will disturb permanent facilities or permanent landscaping. Land-
scaping as used in this paragraph shall be understood to mean trees, shrubs,
vines, and flowers. Permanent facilities as used in this paragraph shall mean
any building or structure erected and maintained by the University and shall
include any permanent fencing.
SECTION 7. HOLD HARMLESS
The City agrees to hold the University harmless for any loss or damage to
persons or property resulting from the City's installations, operations, or
maintenance of the utilities to be installed pursuant to this agreement.
EXECUTED the day and year first above written.
ATTEST:
CITY OF LUBBOCK
BY: 9!T �. !e�
B. C. McM NN, MAYOR
APPROVED AS TO FORM:
A4i.-oea V_,�*
Boy
Rane d, City Secre ary
City Attorney
-4-
Ordinance #8982
voi 2364 PAGE 211
Exhibit A
METES AND BOUNDS DESCRIPTION for an easement out of Section 1, Block E-2,
Lubbock County, Texas and being more particularly described as follows:
BEGINNING at a point, in the North line of Section 1, Block E-2, for the
beginning point of this description, whence the Northeast corner of Section
1, Block E-2 bears North 89°59'21" East, 88.11 feet;
THENCE South 1030'47" West, 484.30 feet to a point;
THENCE South 4026'25" West, 150.48 feet to a point;
THENCE South 0011'03" East, 125.02 feet to the P.C. of a curve;
THENCE Southwesterly, along the arc of said curve, an arc distance of 38.52
feet to a point; said curve has a radius of 24.5 feet, a central angle of
90004141" and a chord that bears South 44051'17" West, 34.67 feet;
THENCE South 0006'22" East, 49.0 feet to a point;
THENCE North 89053'38" East, 12.03 feet to the P.C. of a curve;
THENCE Southeasterly, along the arc of said curve, an arc distance of 38.47
feet to a point; said curve has a radius of 24.5 feet, a central angle of
89°57'48" and a chord that bears South 45007'28" East, 34.64 feet;
THENCE South 0008'34" East, 338.01 feet to a point;
(Exhibit A to Easement Agreement dated October 23 , 1986,
between Texas Tech University and City of Lubbock.)
Page 1 of 7
r
voL 2364 ?AGE 212
THENCE South 5049'43" West, 146.43 feet to a point;
THENCE South 0°07'48" East, 88.00 feet to the P.C. of a curve;
THENCE Southwesterly, along the arc of said curve, an arc distance of 46.41
feet to a point; said curve has a radius of 29.5 feet, a central angle of
90°07'48", and a chord that bears South 44°56'06" West, 41.77 feet;
THENCE South, 37.00 feet to a point;
THENCE East, 13.15 feet to the P.C. of a curve;
THENCE Southeasterly, along the are of said curve, an arc distance of 46.27
feet to a point; said curve has a radius of 29.5 feet, a central angle of
89052'12" and a chord that bears South 45003154" East, 41.67 feet;
THENCE South 0007148" East, 95.80 feet to a point;
THENCE South 5000'40" East, 164.88 feet to a point;
THENCE South 0007'48" East, 423.75 feet to a point;
THENCE South 3010117" West, 200.30 feet to a point;
THENCE South 0°06'05" East, 187.03 feet to a point;
THENCE South 6038121" West, 100.72 feet to a point;
THENCE South 0003'57" East, 107.01 feet to the P.C. of a curve;
THENCE Southwesterly, along the arc of said curve, an arc distance of 38.37
feet to a point; said curve has a radius of 24.5 feet, a central angle of
89044122" and a chord that bears South 44048114" West, 34.57 feet;
Page 2 of 7
VOL 2364 PAGE 213
THENCE South 0019'35" East, 60.90 feet to a point;
THENCE North 89°40'25" East, 11.37 feet to the P.C. of a curve;
THENCE Southeasterly, along the arc of said curve, an arc distance of 38.57
feet to a point; said curve has a radius of 24.5 feet, a central angle of
90°11'36" and a chord that bears South 45013'47" East, 34.71 feet;
THENCE South 0007'59" East, 586.96 feet to a point;
THENCE South 3°57'37" West, 150.40 feet to a point;
THENCE South 0°08'53" East, 175.02 feet to the P.C. of a curve;
THENCE Southwesterly, along the arc of said curve, an arc distance of 38.50
feet to a point; said curve has a radius of 24.5 feet, a central angle of
90°02'43" and a chord that bears South 44°5229" West, 34.66 feet;
THENCE South 0006'10" East, 50.00 feet to a point;
THENCE North 89053'50" East, 10.81 feet to the P.C. of a curve;
THENCE Southeasterly, along the arc of said curve, an arc distance of 38.51
feet to a point; said curve has a radius of 24.5 feet, a central angle of
90°02'56" and a chord that bears South 45°10'31" East, 34.66 feet;
THENCE South 0009'03" East, 356.61 feet to a point;
THENCE South 4°47'20" West, 110.79 feet to a point;
THENCE South 1°16'02" West, 76.43 feet to the P.C. of a curve;
Page 3 of 7
VOL 2364 PAGE 214
THENCE Southwesterly, along the arc of said curve, an arc distance of 38.48
feet to a point; said curve has a radius of 24.5 feet, a central angle of
90°00100" and a chord that bears South 46°16'02" West, 34.65 feet;
THENCE South 1°16'02" West, 30.00 feet to a point;
THENCE South 88°43'58" East, 9.30 feet to the P.C. of a curve;
THENCE Southeasterly, along the arc of said curve, an arc distance of 38.48
feet to a point; said curve has a radius of 24.5 feet, a central angle of
90°00'00" and a chord that bears South 43043158" East, 34.65 feet;
THENCE South 1016102" West, 82.03 feet to a point;
THENCE South 1024'50" East, 240.01 feet to a point;
THENCE South 9°46'15" West, 111.76 feet to a point;
THENCE South 0005'17" East, 302.93 feet to a point in the South line of
Section 1, Block E-2;
THENCE South 89059'20" West, along the South line of Section 1, Block E-2,
15.00 feet to a point;
THENCE North 0°05'17" West, 304.20 feet to a point;
THENCE North 9°46'15" East, 111.58 feet to a point;
THENCE North 1024150" West, 238.89 feet to a point;
THENCE North 1016'02" East, 82.38 feet to the P.C. of a curve;
Page 4 of 7
VOL 2364 PAGE 215)
THENCE Northwesterly, along the arc of said curve, an arc distance of 23.56
feet to a point; said curve has a radius of 15.0 feet, a central angle of
90°00100", and a chord that bears North 43°4358" West, 21.21 feet.
THENCE North 88043'58" West, 3.80 feet to a point;
THENCE North 1016102" East, 49.00 feet to the P.C. of a curve;
THENCE Northeasterly, along the arc of said curve, an arc distance of 23.56
feet to a point; said curve has a radius of 15.0 feet, a central angle of
90°00'00" and a chord that bears North 43°43'58" East, 21.21 feet.
THENCE North 1016'02" East, 76.72 feet to a point;
THENCE North 4047'20" East, 46.80 feet to a point;
THENCE North 0009'03" West, 419.84 feet to the P.C. of a curve;
THENCE Northwesterly, along the arc of said curve, an arc distance of 19.32
feet to a point; said curve has a radius of 15.0 feet, a central angle of
73046'41" and a chord that bears North 33°41'27" West, 18.01 feet.
THENCE South 89053150" West, 10.39 feet to a point;
THENCE North 0°06'10" West, 69.00 feet to the P.C. of a curve;
THENCE Northeasterly, along the are of said curve, an arc distance of 19.01
feet to a point; said curve has a radius of 15.0 feet, a central angle of
72°36'21" and a chord that bears North 32°13'54" East, 17.76 feet;
THENCE North 0°08'53" West, 175.56 feet to a point;
Page 5 of 7
wt 2364 94GE216
THENCE North 3057137" East, 150.40 feet to a point;
THENCE North 0007'59" West, 610.96 feet to a point;
THENCE South 89°40'25" West, 9.58 feet to a point;
THENCE North 0003'57" West, 193.25 feet to a point;
THENCE North 6038'21" East, 100.72 feet to a point;
THENCE North 0006'05" West, 186.58 feet to a point;
THENCE North 3010'17" East, 200.30 feet to a point:
THENCE North 0007'48" West, 422.68 feet to a point;
THENCE North 5000'40" West, 100.25 feet to a point;
THENCE North 0007'48" West, 160.84 feet to the P.C. of a curve;
THENCE Northwesterly, along the arc of said curve, an arc distance of 31.37
feet to a point; said curve has a radius of 20.0 feet, a central angle of
89052'12" and a chord that bears North 45003154" West, 28.25 feet.
THENCE West, 13.15 feet to a point;
THENCE North, 56.0 feet to the P.C. of a curve;
THENCE Northeasterly, along the arc of said curve, an arc distance of 31.46
feet to a point; said curve has a radius of 20.0 feet, a central angle of
90°07'48" and a chord that bears North 44°56'06" East, 28.32 feet.
THENCE North 0007'48" West, 88.49 feet to a point;
Page 6 of 7
THENCE North 5049'43" East, 93.56 feet to a point;
THENCE North 0008'34" West, 414.59 feet to a point;
THENCE South 89053'38" West, 11.91 feet to a point;
THENCE North 0°11'03" West, 199.14 feet to a point;
THENCE North 4026125" East, 150.70 feet to a point;
VOL 2364 PAGE 217
THENCE North 1030'47" East, 483.52 feet to a point in the North line of
Section 1, Block E-2;
THENCE North 89°59'21" East, along the North line of Section 1, Block E-2,
15.0 feet to the point of beginning.
CONTAINING 1.65 acres.
Page 7 of 7
ATTEST:
reda Pierce, Secretary
Board of Regents
SEAL
364
Ordinance "�,2
TEXAS TECH UNIVERSITY
BY: -
OHN E. BIRDWEL
Chairman, Board of Regents
Texas Tech University
APPROVED:
PAT CAMPBELL
General Counsel
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared B. C. McMinn, Mayor, known to me
to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of the City of
Lubbock, and for the purposes and consideration therein expressed and in the
capacity therein stated.
I I I'- -/
--`GIVEN UNDER MY HAND AND SEAL OF OFFICE this p� day of
1986.
JU i
Notary Public, Lubbock County, Texas
Slu�Am R
My Commission Expires:
A'
,r tf
�uUtX L.,f,it
STATE OF TEXAS
COUNTY OF LUBSOCK 1
1 hertLy_carttfy that fhi: inarur"PAf was fllEo on the
data and at the tim,-stom.pnd h8raon by the ttnd Was
RECORDED in the Volume and pogo of fht offitiar Rduly
Records of lubbock County, ia:;cy tal Aron®ifY a, "**pod horn ly meq.
NOV 18 1986
be
yo A� COUNTY CLERK K
LUBBOCK COUNTY, TEXAS
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