HomeMy WebLinkAboutResolution - 2324 - License Grant & Agreement - Mid-Plains Pipeline Company - W Boren & M Wood - 05/22/1986JWF:da
RESOLUTION
Resolution #2324
May 22. 1986
Agenda Item #22
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 letter in
the nature of a letter of consent addressed to Mr. and Mrs. John Boren, Box
511, Justiceburg, Texas 79330 as agents for Walter Boren and his sister
Mildred Boren Wood relative to the execution by the said Walter Boren and
Mildred Boren Wood of a License Grant and Agreement in favor of the
Mid -Plains Pipeline Company to which said letter of consent is to be
'attached, 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 fully copied herein in detail.
Passed by the City Council this 22nd day of May , 1986.
B . C . MCM NN , MAYOR
ATTEST:
, Ulty 5ecretgry
APPROVED AS TO CONTENT:
6
Wilf'of son, Chief Engineer,
Water Utilities
ilities
APPROVED AS TO FORM:
orth Fullingim, Ass -is t,t:
y Attorney
'« .. Resolution #2324
LICENSE GRANT AND AGREEMENT
------- ----- --- -- ------
STATE OF TEXAS
COUNTY OF GARZA
For the consideration as hereinafter set out, and in accor-
dance with this License Agreement, the undersigned, (hereinafter
called Grantor, whether one or more) does hereby GRANT, BARGAIN
SELL AND CONVEY TO MID -PLAINS PIPELINE COMPANY, 1280 One Midland
Center, Midland, Texas 79701, its successors and assigns (here-
inafter called Grantee), a license to construct, maintain, oper-
ate, inspect, repair, and renew a pipeline and appurtenant facil-
ities, across, under and upon the lands of GRANTOR, described as
follows, to -wit:
SEE ATTACHED EXHIBIT "A" IN THREE (3) PARTS
SEE ATTACHED EXHIBIT "B"
In connection with the lands and premises, in, over and
across which this privilege is given and granted, it is specifi-
cally agreed and understood that the same will cross the land and
premises described above at the approximate location shown on
Exhibit "A" attached hereto and that.when said pipeline has been
constructed, GRANTEE will furnish a final and recordable metes
and bounds description of the centerline of the pipeline, showing
the actual location of the license. Upon its recording, it shall
be a conclusive description of such centerline and of the 20 foot
license below mentioned, and this agreement shall be considered
as amended in such respect. In addition to the 20 foot license
herein given and granted, it is further specifically agreed and
understood that during construction GRANTEE shall have and is
hereby given and granted a license of an additional 20 feet (all
on one side, or partially on both sides of said pipeline) so that
during the construction period the GRANTEE will have the right to
use, occupy and enjoy a strip of land 40 feet in width. It is
further agreed and understood that during construction as such
points where said pipe line traverses a public road whereby" the
GRANTEE is required to bore under said road, that the GRANTEE
will have an additional 20 feet in width and 40 feet in length
for the purpose of piling dirt as may be required to be removed
in the process of boring operations under said public road. In
1
the final location of the pipe line, the same shall not be loc-
ated in such proximity to any buildings, structures, wells or
other improvements, as would prevent GRANTOR'S use, occupancy and
enjoyment thereof.
THIS LICENSE IS GIVEN AND GRANTED FOR THE CONSIDERATION, AND
SHALL BE BUILT AND CONSTRUCTED UNDER THE TERMS, CONDITIONS AND
COVENANTS AS FOLLOWS, TO -WIT:
1. The sum of Two Thousand Nine Hundred Fifty Two and 15/100'S
Dollars cash in hand paid by the GRANTEE to the GRANTOR, upon the
execution of this License Agreement, the receipt of which is
hereby acknowledged and confessed.
2. This License Grant and Agreement shall expire at such time as
the pipe line becomes abandoned and removed, at which time all
right, title and interest in the above described license will
terminate and revert to the then owner or owners of the surface
estate of said lands and premises.
3. GRANTEE shall diligently pursue the construction and insta-
llation thereof and complete all of its operations in, upon and
over said lands and premises within a reasonable time from the
commencement thereof.
4. GRANTEE shall have the right to use said lands and premises,
as is herein granted, for the herein specified license purposes
only, that is to construct, maintain, operate, repair, alter and
replace the pipeline and appurtenant facilities, and shall not
use the lands and premises covered hereby for any other purpose.
5. GRANTEE shall not use any land lying outside of the bound-
aries of this license for any purpose whatsoever, unless such use
is made pursuant to a written agreement executed by the Grantor,
either contemporaneously herein or subsequent hereto.
6. The GRANTEE shall have all of the rights and benefits nece-
ssary or convenient for the full enjoyment or use of the rights
herein granted, including, but without limiting the same to the
free right of ingress and egress over and across said right-of-
way and easement, the right to use all roads over and across said
lands, and the right from time to time to cut all trees and
undergrowth and remove other obstructions that may injure,
endanger or interfere with the use of said pipeline. The GRANTEE
shall have the right to assign this grant in whole or in part.
7. GRANTEE agrees to bury the pipeline to a depth of a least 42
inches from the surface to the top of the pipe on cultivated land
and 36 inches from the surface to the top of the pipe on pasture
lands.
8. GRANTOR has the right to fully use and enjoy said premises
except as may be necessary for the purposes herein granted to the
GRANTEE, and without limitation because of such enumeration, the
GRANTOR shall have the right to cultivate all of said lands and
premises, either for dryland or irrigated farming, to raise crops
thereon, and in general, to use all of the same for any other
purpose that is not inconsistent with GRANTEE'S enjoyment of the
grant herein made.
9. During any construction, repair, alteration, replacement
and/or removal of said pipeline or entry onto said lands and
premises for any other purpose permitted herein, GRANTEE herein
agrees that it shall pickup and remove, all paper, cardboard,
cartons, cans, bottles and any other rubbish or debris used in
any of such operations, and to dispose of the same at a location
that is not on any property owned by the GRANTOR.
2
10. GRANTEE agrees to pay GRANTOR, in addition to the considera-
tion given for this easement, all damages of whatsoever nature to
any and all crops growing on any of the GRANTOR'S lands and
premises adjacent to the easement herein granted, as well as any
damages caused to any other property belonging to the GRANTOR,
upon adjacent land to such easement, and GRANTEE shall make full
compensation for all such damages, if any. So that there will be
no misunderstanding between the parties, it is agreed that should
any of GRANTEE'S operations hereunder cause any damages to grow-
ing crop on any of the GRANTOR'S lands and premises which are
adjacent to such right-of-way, as well as building, structures,
wells or other properties, GRANTEE shall pay for all of such
damage, and GRANTEE shall not be entitled to any defense of an
"act of God" or other similar defense. GRANTEE shall only be
liable for such damages as are provided for in this paragraph if
said damages would not have occurred in the absence of GRANTEE'S
operations.
11. Should any rock or caliche be disturbed in connection with
any operation hereunder, GRANTEE shall have the option to either
replace such rock or caliche at either substantially the same
level or below which it was found, or removing the same from
GRANTOR'S lands and premises. No rock or caliche may be replaced
in any ditch or other place at a substantially higher level than
it was found incident to any operation hereunder.
12. GRANTEE agrees to double ditch where necessary. By the use
of the term "double ditch", is meant that the GRANTEE will place
the top soil from the excavation in such a place that it will not
be co -mingled with the soil from the balance of said excavation,
and in replacing the same in the excavated ditch, the top soil
will be replaced in its original position.
13. GRANTEE agrees to restore the surface of said lands and
premises (including any terraces located thereon) to as nearly
the same condition as it was in prior to its conducting any
operation hereunder, and to cause all depressions caused by its
operations to be filled so that the surface of said lands and
premises will be substantially in the condition as it was in
prior to the conducting of any such operations by GRANTEE.
14. GRANTEE agrees to pay GRANTOR for any damages that might be
caused by any leakage from such pipeline, irrespective of any
care or diligence that might be exercised by GRANTEE to prevent
same, and to make full compensation for any such damages even
though it not be at fault in failing to prevent any such leak.
15. Should any of GRANTEE'S facilities be located above the
ground, GRANTEE agrees to keep the area surrounding such facili-
ties reasonably free of any and all weeds and other growth.
GRANTEE shall have the right to reasonably chemically control
such weeds and other growth so long as the area of such control
does not extend beyond a reasonable distance from any such faci-
lity.
16. All above -ground facilities shall be limited to such facili-
ties as are reasonably and necessarily required consistent with
good engineering practices. All above ground facilities shall be
installed and kept located on GRANTOR'S property lines, that is,
on the perimeter of the lands and premises of the GRANTOR upon
and over which this easement is granted. No above ground facil-
ity shall be installed that interferes with the present use_ and
operation of any mechanical irrigation system or equipment used
in connection with the agricultural use of said lands and pre-
mises. No above -ground facility shall be permitted under this
easement that encroaches upon GRANTOR's land more than six (6)
feet from the perimeter thereof, without written permission first
had and obtained.
17. GRANTEE agrees to give GRANTOR, at least sixty (60) days in
advance, a written schedule of construction dates, showing the
approximate date on which the construction of such line is to
begin. Thereafter, on the date that any other operation to be
conducted which might disturb the surface of the soil or any
crops growing thereon, notice shall be sent to GRANTOR at least
thirty (30) prior to the commencement of any such operation
unless an emergency condition arises whereby the giving of such a
thirty (30) day notice is not practical. In such an emergency
event, GRANTEE agrees to make all reasonable efforts to contact
GRANTOR with reference to such emergency situation, so that
GRANTOR will be fully apprised thereof. Any and all operations
conducted on said lands and premises by the GRANTEE shall be
completed within a reasonable time from the date on which it is
commended.
18. GRANTEE acknowledges that said lands and premises are used
for agricultural purposes by GRANTOR, and in all operations
hereunder, GRANTEE agrees that it will respect such use of said
lands and premises and not unreasonably interfere with GRANTOR'S
use of said lands and premises.
19. GRANTEE covenants and agrees that after the pipeline has been
installed under this agreement, that there shall be no alteration
or replacement thereof other than such alterations and replace-
ments as may be required in order to maintain such pipeline in
accordance with reasonable engineering practices incident to the
operation of such pipeline. It is specifically agreed that any
replacement of such pipeline shall be such replacement as might
be required in order to maintain the existing line and that no
increase in the size of such line shall be permitted under this
agreement. Any repairs, renewals or replacements of or to the
pipeline and appurtenances thereto as is herein permitted, shall
entitle the GRANTOR to be compensated by the GRANTEE consistent
with the damages caused incident thereto, and consistent with
Paragraph one (1) hereof.
20. Should it become necessary to cut any fence located on said
lands and premises, GRANTEE agrees to repair said fence or
install a gate at the place where such fence is cut, which gate
shall be of equal quality or better that the other gates located
on the property of the GRANTOR adjacent to the lands and premises
covered hereby. Each gate so constructed by the GRANTEE shall be
kept securely locked at all times. GRANTEE agrees to furnish
keys to such locks to the GRANTOR. No one other than the GRANTOR
and the GRANTEE shall be permitted to have such keys.
21. If at any time during the use of this easement, GRANTEE
should require that any of the gates remain open, GRANTEE shall
post guards at such gates sites at all time when the gates are
not locked so as to prevent the movement of livestock that is
located on the lands of the GRANTOR through such open gates.
22. If, during any operation under this agreement, GRANTEE causes
any trees, brush or any other matter to be cleared from such
right-of-way, all of such matter shall be removed from the right-
of-way and disposed of by the GRANTEE at a location that is not
on any property owned by the GRANTOR, unless agreed to by the
GRANTOR to the contrary.
23. Neither the GRANTEE, or any of its employees, licensees,
invitees, subcontractors nor any other person have any relation-
ship whatsoever with the GRANTEE shall have any firearms or dogs
on such easement right-of-way, nor any of the adjacent land of
the GRANTOR at any time and none of them shall, at any time, hunt
or engage in any type of recreational activity on such right-of-
way or on any of the lands owned by the GRANTOR.
24. Any and all ad valorem taxes assessed or to be assessed
against any of the GRANTEE'S property located on such license
shall be promptly paid by the GRANTEE prior to the time that the
same would be become delinquent and Grantee shall hold GRANTOR
harmless from any attempt by any taxing agency to charge GRANTOR
or GRANTOR'S property for the payment of any such tax.
25. All of the terms, conditions and provisions hereof are con -
4
tractual in nature, and it shall never be necessary for GRANTOR
to allege or to prove any cause of action in tort based upon any
breach of any of the provisions hereof.
26. All of the provisions of this license are specifically made
performable in the County where said land is situated. Any and
all sums of money that might become due and owing to GRANTOR by
GRANTEE hereunder are hereby specifically made payable in said
County.
27. No failure to comply with any covenant on the part of the
GRANTEE shall be construed as a breach of this Agreement unless
and until written notice has first been given to GRANTEE that
GRANTOR believes GRANTEE has failed to comply with such covenant,
setting out the grounds therefore, and GRANTEE has then failed to
correct such failure within thirty (30) days after final receipt
of such notice or has failed to correct such failure within
thirty (30) days after final determination, by agreement or by
litigation in a Court of competent jurisdiction, that a breach,
in fact, exists.
28. It is agreed that this grant covers all the agreements bet-
ween the parties and that no representation or statements, verbal
or written, have been made modifying, adding to, or changing the
terms of this Agreement.
29. It is further agreed and understood that this license is
subject to all valid oil, gas and mineral leases, indebtednesses,
if any, and easements now in existence up said land.
30. If the land over which this license crosses is row or ditch
irrigated, GRANTEE shall water pack the pipeline ditch and level
it after construction so that irrigation water will run as before
the installation of said pipeline, using for said water packing,
water made available by the GRANTOR. If the GRANTOR is prevented
from irrigating any portion of his farm by reason of construction
maintenance or repair of the pipeline, then GRANTEE shall pay to
GRANTOR the difference in the value of the lost crop production
where GRANTOR was not able to irrigate.
31. The GRANTEE will take all precautions, including the clean-
ing of equipment, if necessary, before entering said premises, in
order to prevent the introduction or spread of Johnson grass or
other noxious weeds, upon the GRANTOR'S premises.
32. The breach of any of the provisions hereof shall not termin-
ate this license and shall only give the respective parties a
cause of action for said breach. Under none of the terms and
provisions of this instrument, as hereinbefore set out, shall the
GRANTEE be entitled to replace the pipeline herein provided for
with a larger pipeline.
33. GRANTEE, its successors and assigns, covenants and grants to
GRANTOR one (1) free tap for the use of gas for domestic purp-
oses. IGRANTOR will be responsible for all installation to the
pipeline tap, and will hold GRANTEE harmless for quality of gas
and release GRANTEE of all causes of action relating to the
pipeline tap and furnishing of gas to GRANTOR, his heirs and
assigns.
34. The property described herein is subject to a Memorandum of
Agreement dated April 3, 1986, between the City of Lubbock (the
"City") and GRANTORS and others, whereby the City has acquired
the right to purchase all or a portion of said property for the
construction of a dam and reservoir, and to obtain certain ease-
ments necessary for such construction, all as more particularly
described in said Agreement. This easement (license) is granted
and accepted subject to all of the terms and provisions of said
Agreement. GRANTEE acknowledged and agrees that upon request of
the City, the easement (license) rights herein granted shall
immediately cease and terminate, whereupon GRANTEE shall have no
further rights hereunder with respect to the herein -described
real property. Such termination shall be conclusively presumed
and evidenced by the filing of record of an affidavit executed by
GRANTOR or the City certifying that the City has requested the
easement (license) be terminated. In such event, GRANTEE fur-
ther agrees to remove all lines, pipes and other equipment from
and to restore the surface of the here -described real property in
such manner and to such extent as may be required by the City.
GRANTEE hereby waives and relinquishes any and all claims it may
have against GRANTORS and/or the City arising from or related to
the termination of the easement (license) right herein granted in
the manner herein described, and shall indemnify and hold GRAN-
TORS harmless from all costs and claims arising from GRANTEE'S
failure to comply with the provisions hereof.
The GRANTEE, by acceptance of this grant and license, and by
the payment of the consideration as set out in Paragraph One (1),
agrees and accepts all of the terms and provisions hereof, and
this instrument when executed by the GRANTOR, and accepted by the
GRANTEE, shall inure to and be binding on both the GRANTOR and
the GRANTEE, their and its successors, heirs, executors and
assigns.
GRANTOR covenants with GRANTEE that GRANTOR is the owner of
the land and has the right, title and capacity to grant the
rights and license herein granted.
To have and to hold said license unto GRANTEE, its succes-
sors, and assigns, so long as the rights and license herein
granted, or any one of them shall be used by GRANTEE for the
purposes herein granted; and the GRANTOR does hereby bind GRAN-
TOR, grantor's heirs, executors and administrators, to Warrant
and Forever Defend, all and singular, said premises unto the
GRANTEE, its successors and assigns, against every person whom-
soever lawfully claiming or to claim the same, or any part
thereof.
IN TESTIMONY WHEREOF, THE GRANTOR herein has executed this
conveyance this day of , 1986.
WALTER BOREN
S.S. #
STATE OF TEXAS
COUNTY OF
------------------------------- ---
MILDRED WOOD
S.S. #
BEFORE ME, the undersigned authority, on this day personally
appeared WALTER BOREN, known to me to be the person whose name.
is subscribed to the foregoing instrument, and acknowledged to me
the he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 1986.
---------------
My Commission Expires
-----------------------------
Printed Name of Notary Public
6
STATE OF TEXAS
COUNTY OF
-------------------
BEFORE ME, the undersigned authority, on this day personally
appeared MILDRED WOOD,known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
the she executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE_ this day of
1986.
----------------------- -------- --------- ------------------
My Commission Expires
— -----------------------------
Printed Name of Notary Public
DESCRIPTION
BEING the centerline description for a 30.0 feet pipeline easement
out of the East 1/2 of Section 6, Block 6, H.&G.N. R.R. Co.
Survey, Garza County, Texas and being more particularly described
as follows:
BEGINNING at centerline station 380+15.41, in the West line
of the East 1/2 of Section 6, Block 61 whence the Southeast
corner of Section 6, Block 6 bears South 0°00'5.4" East, 975.87
feet and North 89°59'12" East, 2635.57 feet;
THENCE South 79°02114" East, 2684.70 feet to centerline station
407+00.11, in the East line of Section 6, Block 6, fbr the end
of this deocription, whence the Southeast corner of Section
6, Block 6 bears South 0000'54" East, -464.70 -feet.
CONTAINING 162.71 Rods of Right -of -Way.
-71
CERTIFIED CORRECT:r'"�`6�'�
SIGNED FOR IDENTIFICATION JOHN N. WILSON • • ...................
JOHN N. Wit.50N
REGISTERED PUBLIC SURVEY "" "......•• •••
Ge' 232 QEo �Ul� ,
WALTER BOREN SU��
MILDRED WOOD
FB .234-11
MAO -PLAINS PIPELINE Co.
5655 VILLA DRIVE
LUBBOCK j TEXAS -
PROPOSED PIPELINE EASEMENT
IN THE EAST 1/2 OF SECTION 6,.
BLOCK 6, H.&G.N. R.R. CO. SURVEY,
GARZA COUNTY, TEXAS
TfViSiONS I OWNER r BOREN & WOOD
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DESCRIPTION
BEING the centerline description for a 30.0 feet pipeline easement
out of the East 1/2 of Section 6, Block 6, H.&G.N. R.R. Co.
Survey, Garza County, Texas and being more particularly described
as follows:
BEGINNING at centerline station 380+15.41, in the West line
of the East 1/2 of Section 6, Block 61 whence the Southeast
corner of Section 6, Block 6 bears South 0°00'5.4" East, 975.87
feet and North 89°59'12" East, 2635.57 feet;
THENCE South 79°02114" East, 2684.70 feet to centerline station
407+00.11, in the East line of Section 6, Block 6, fbr the end
of this deocription, whence the Southeast corner of Section
6, Block 6 bears South 0000'54" East, -464.70 -feet.
CONTAINING 162.71 Rods of Right -of -Way.
-71
CERTIFIED CORRECT:r'"�`6�'�
SIGNED FOR IDENTIFICATION JOHN N. WILSON • • ...................
JOHN N. Wit.50N
REGISTERED PUBLIC SURVEY "" "......•• •••
Ge' 232 QEo �Ul� ,
WALTER BOREN SU��
MILDRED WOOD
FB .234-11
MAO -PLAINS PIPELINE Co.
5655 VILLA DRIVE
LUBBOCK j TEXAS -
PROPOSED PIPELINE EASEMENT
IN THE EAST 1/2 OF SECTION 6,.
BLOCK 6, H.&G.N. R.R. CO. SURVEY,
GARZA COUNTY, TEXAS
TfViSiONS I OWNER r BOREN & WOOD
VOL ume _...._ _._ rAcc
WILStVN SURVEYING CO., INC
0")161-3340 • M I AVIWA N • W110CK 1LU1 79141
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DESCRIPTION
LATERAL "E"
BEING the centerline description for a 30.0 feet pipeline easement
out of Section 5, Block 6, Ii.&G.N. R.R. Co. Survey, Garza County,
Texas and being more particularly described as follows:
BEGINNING at centerline station 0+00, whence the Northeast corner
of Section 51 Block 6, bears North 89°59112" East, -506.19 feet
and North 0°00154" West, 3180.56 feet;
THENCE North 70002'53" West, 373.33 feet to P.I. station 3+73.33;
THENCE South 63053137" West, 146.16 feet to centerline station
5+19.49, for the end of'this description, whence the Northeast
corner of Section 5, Block 6 bears North 0°00154" West, 3117.34
feet and North 89059112" East, 988.34 feet.
CONTAINING 31.48 Rods of Right -of -Way.
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CERTIFIED CORRECT:
JOIK N. WILSON J0:1N N.•• 0
REGISTERED PUBLIC SURVEYOR -12'* , 232 �o
SIGNED FOR IDENTIFICATION "' - ' 1•`'
WALTER BOREN
MILDRED WOOD
FB 234-13
WD -PLAINS PIPELINE Co.
5633 VILLA DRIVE
L U88OCK p TEXAS .
PROPOSED PIPELINE EASEMENT
• IN SECTION 51 BLOCK 6,
H.&G.N. R.R. CO. SURVEY
GARZA COUNTY, TEXAS
REV/s/ONS 1 OwNCR I T. W. WOOD
VOL Umz '
II.SWIVEYING CO., INC
4"J) 163-3384 • 17 of AVIMKN • 101000, 10A1 ?tiff
APRIL 21, 1986 ORAwNSY' NLO ScALE 11"=100'
#22,303
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DESCRIPTION
LATERAL "D"
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3-7+51.4-1 - EIJ0
DESGR1PT10I-4
BEING the centerline description for a 30.0 feet pipeline easement
out of Section 5, Block 6 and Section 136, Block 5, H.&G.N. R.R. Co.
Survey, Garza County-,- Texas and being more particularly described
as follows:
BEGINNING at centerline station 4+60.81, in the North line of
Section 136, Block 5, whence the Northwest corner of Section 136,
Block 5 bears South 89°59'12" West, 87.92 feet;
THENCE South 6032'47" East, 141.14 feet to P.I. station 6+01.95;
THENCE South 22018'43 West, 218.38 feet to P.I. station 8+20.33;
THENCE South 0000'57" East, 1387.18 feet to P.I. station 22+07.51;
THENCE South 19057107"West, 1543.90 feet to centerline station
37+51.41, for the end of this description, whence the Northeast
corner of Section 5, Block 6 bears North 89°59112" East, 552.88
feet and North 0°00'54" West, 3309.06 feet.
CONTAINING 199.43 Rods of Right -of -Way.
� �.�; nom••-- � +Zr•�.c..Q-�Ze-�
CERTIFIED CORRECT:_ �.�•�f� 0�=`•-
JOHN N. WILSON �`' .•� ':�
SIGNED FOR IDENTIFICATION
REGISTERED PUBLIC SURVEYO '1' JO�iN •�� rr1j �'� <<
<i
WALTER BOREN CN' y. 1 s2
P -
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MILDRED WOOD
FB 234-12,1.3
41/0 -PLAINS PI PEL /NE Co.
5633 VILLA DRIVE
L UBBOCK , TEXAS --
PROPOSED PIPELINE EASEMENT
IN SECTION 5, BLOCK 6 AND SECTION 136,
BLOCK 5, H.&G.N. R.R. CO. SURVEY
GARZA COUNTY, TEXAS
REVISIONS OWNER $ T. W. WOOD
VOLVM11 PAGE
AILSWIVEYING CO., INC
(M)111•»66 • 111S AVIMN(N • ItM•OCR I(ul 1�f��
APRIL 21 1986 ORA WN err NLO SCALf t 1 "=500'
#22,303
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DESCRIPTION
LATERAL "D"
330 5.0F _ - -
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3-7+51.4-1 - EIJ0
DESGR1PT10I-4
BEING the centerline description for a 30.0 feet pipeline easement
out of Section 5, Block 6 and Section 136, Block 5, H.&G.N. R.R. Co.
Survey, Garza County-,- Texas and being more particularly described
as follows:
BEGINNING at centerline station 4+60.81, in the North line of
Section 136, Block 5, whence the Northwest corner of Section 136,
Block 5 bears South 89°59'12" West, 87.92 feet;
THENCE South 6032'47" East, 141.14 feet to P.I. station 6+01.95;
THENCE South 22018'43 West, 218.38 feet to P.I. station 8+20.33;
THENCE South 0000'57" East, 1387.18 feet to P.I. station 22+07.51;
THENCE South 19057107"West, 1543.90 feet to centerline station
37+51.41, for the end of this description, whence the Northeast
corner of Section 5, Block 6 bears North 89°59112" East, 552.88
feet and North 0°00'54" West, 3309.06 feet.
CONTAINING 199.43 Rods of Right -of -Way.
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CERTIFIED CORRECT:_ �.�•�f� 0�=`•-
JOHN N. WILSON �`' .•� ':�
SIGNED FOR IDENTIFICATION
REGISTERED PUBLIC SURVEYO '1' JO�iN •�� rr1j �'� <<
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WALTER BOREN CN' y. 1 s2
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MILDRED WOOD
FB 234-12,1.3
41/0 -PLAINS PI PEL /NE Co.
5633 VILLA DRIVE
L UBBOCK , TEXAS --
PROPOSED PIPELINE EASEMENT
IN SECTION 5, BLOCK 6 AND SECTION 136,
BLOCK 5, H.&G.N. R.R. CO. SURVEY
GARZA COUNTY, TEXAS
REVISIONS OWNER $ T. W. WOOD
VOLVM11 PAGE
AILSWIVEYING CO., INC
(M)111•»66 • 111S AVIMN(N • ItM•OCR I(ul 1�f��
APRIL 21 1986 ORA WN err NLO SCALf t 1 "=500'
#22,303
EXHIBIT "B"
--May 22 198 6
Mr. and Mrs. John Boren
Box 511
Justiceburg, Texas 79330
Re: Pipeline easement (license) dated---- __ 1986
granted by Mr. and Mrs. John Boren to Mid -Plains
Pipeline Company.
Dear Mr. and Mrs. Boren,
This is to confirm that the City of Lubbock has reviewed the
above -referenced instrument and hereby approves your execution
and delivery of the same. The City of Lubbock further
acknowledges and agrees that in the event the City of Lubbock
elects to purchase, or to obtain an easement across, any portion
of the real property therein described pursuant to the terms of
that certain Memorandum of Agreement dated April 3, 1986, you
shall deliver title to, or grant an easement across, said real
property subject to the terms and provisions of the above -
referenced pipeline easement (license) in addition to the other
matters set forth in said Memorandum.
This letter agreement shall be binding upon the City of
Lubbock, its successors and assigns, and shall inure to the
benefit of you and your heirs, successors and assigns.
cc:
Very truly yours,
THE CITY OF LUBBOCK, TEXAS
. ,-��` ii/
Its _ C ------------
B. C. MCMiTNth�
Ms. Kathryn E. Allen
GRAVES, DOUGHTERY, HEARON & MOODY
P.O. Box 98
Austin, Texas
ATTEST:
Ranett oyd, City Secre ary
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Approv5d as to 14tYlft
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ARP++A®VE.D AS TO CONTENT:
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