HomeMy WebLinkAboutResolution - 1912 - Easement & Surface Lease Agreement - Adobe Gas Co - Gas Pipline - 01/10/1985DGV:da
RESOLUTION
Resolution #1912
Agenda Item 920
January 10, 1985
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
and a Surface Lease Agreement with Adobe Gas Co., 1100 Western United Life
Building, Midland, Texas 79701, pertaining to a gas pipeline, attached
herewith, which documents 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 he
Passed by the City Council this 10Y/jay of
ATTEST:
, LZLy
APPROVED AS TO CONTENT:
Carro 1 M nald, Director o
Electric Utilities
APPROVED AS TO FORM:
I (` w. Wunu x A )., l
Donald G. Vandiver,
City Attorney
,Q / 9.2/
EASEMENT
THE STATE OF TEXAS 5
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK 5
On this day of , 19 , the undersigned,
City of Lubbock , as GRANTOR, whose
address is P.O. Box 2000 . 1 i,hhnck ,
Texas , 794S7, for and in consideration of the sum of
Ten Dollars, $10.00** ), and other good and valuable
considerations, in hand paid by GRANTEE, the receipt of which is hereby
acknowledged, do (does) hereby grant and convey unto Adobe Gas Co., 1100
Western United Life Building, Midland, Texas 79701, hereinafter called
GRANTEE, its successors and assigns, the right either as a common or
private carrier, from time to'time, to lay, construct, reconstruct,
replace, renew, operate, maintain, repair, change the size of, and remove
pipes and pipelines, valves, fittings and other equipment and appurten-
ances as may be necessary or convenient for the transportation of oil,
petroleum or"any of its products, gas, water and other substances, or any
thereof, over, through, under and across Grantor's land situated in the
County of Lubbock, State of Texas, said tract of land being described as
follows, to wit:
CENTERLINE of a pipeline easement crossing City of Lubbock land in
Section 4, Block S, G.C. & S.F. RR. Co. Survey, Lubbock County, Texas,
and being more particularly described as follows:
BEGINNING at a point from which a 1" iron pipe at the corner common to
Sections 3, 4, 5, & 6 bears S.88'36'W. a distance of 2086.5 feet;
THENCE S.00008'W. a distance of 54.7 feet to a point on the boundary line
common to Sections 4 & 5 from which said 1" iron pipe bears N.89*54'W. a
distance of 2085.8 feet;
TOTAL length of pipeline easement equals 54.7 feet or 3.32 rods.
Together with rights of ingress and egress to and from said line or
lines, or any of them for the purpose aforesaid; and as to the rights
hereby granted, all rights of homestead are hereby released and waived.
The GRANTOR shall have the right to use and fully enjoy the above
described premises, except as to the rights hereinbefore granted. The
GRANTEE, its successors and assigns, hereby agrees to pay any damages
which may arise to crops, timber, fences or buildings, of said GRANTOR
from the exercise of the rights herein granted.
Should more than one pipeline be laid under this grant, at any time, an
additional consideration equal to the consideration paid hereunder shall
be paid for each line so laid after the first line.
All pipe laid under this grant shall be laid upon a route selected by the
GRANTEE, its successors and assigns, and it shall not be necessary that
the line or lines be buried except when requested by the GRANTOR prior to
the execution of this agreement.
TO HAVE AND TO HOLD said easement, rights and rights of way unto the said
GRANTEE, its successors and assigns. This agreement is binding upon the
heirs, executor, administrators, successors and assigns of the parties
hereto.
WITNESS OUR HANDS this the day and year first above written.
GRANT )
GRANTOR
FIELD NOTE DESCRIPTION
CENTERLINE of a pipeline easement crossing City of Lubbock land in Section 4,
Block S, G.C. & S.F. RR. Co. Survey, Lubbock County, Texas, and being more
particularly discribed as follows:
BEGINNING at a point from which a 1" iron pipe at the corner common to Sections
3,. 4, 5, & 6 bears S.88'361W.. a distance of 2086.5 feet;
THENCE S.006081W. a distance of 54.7 feet to a point on the boundary line
common to Sections 4 & 5 from which said 1" iron pipe bears N.89"54'W. a
distance of 2085.8 -feet;
TOTAL length of pipeline easement equals 54.7 feet or 3.32 rods.
�r: raw ;,•
...:.....................
RONALD J. EIDSON
I HEREBY RTEFY••�HArT••TH+IB ^ T
WAS MADE FROM �E$p TAW it) FIELD
FIELD
IN A BONA FIDE STC1j,Jf01� MY
SUPERVISION, AND THA Ute` E IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE
4NELIEF.J. ElbS64 TEXAS RPS 140. 1883
N.M. LS NO. 3239
ADOBE OIL & GAS CORPORATION
Pipeline easement crossing City of Lubbock
land in Section 4, Block S, G.C. & S.F. RR.
Co. Survey, Lubbock County, Texas.
JOHN WEST 8 ASSOCIATES
MIDLAND TEXAS
Scale: 1"=1000' Drown by: Mascarenas
Dote: June 22, 1984 Sheet 1 of 1 Shleis
Rev. Dote: Jul 13, 1984 w0. No.: L -1984-473--1A
FIELD NOTE DESCRIPTION
CENTERLINE of a pipeline easement crossing City of Lubbock land in Section 4,
Block S, G.C. & S.F. RR. Co. Survey, Lubbock County, Texas, and being more
particularly discribed as follows:
BEGINNING at a point from which a V iron pipe at the corner common to Sections
3, 4, 5, & 6 bears S.88°361W.. a distance of 2086.5 feet;
THENCE S.00°081W. a distance of 54.7 feet to a point on the boundary line
common to Sections 4 & 5 from which said V iron pipe bears N.89*54'W. a
distance of 2085.8 • feet;
TOTAL length of pipeline easement equals 54.7 feet or 3.32 rods.
OF
•••�ONAL••••••••D J. EIDSON ON ADOBE OIL a GAS CORPORATION
RONAL
1 HEREBY RTiFV••.T•HAT••TFN9:Pt T-Midland Texas
WAS MADE FROM •ESp TAW 0., FIELD
tc a,. -t Pipeline easement crossing City of Lubbock
IN A BONA FIDE S
YC � U MY land in Section 4, Block S, G.C. & S.F. RR.
SUPERVISION, AND THA ME IS TRUE Co. Survey, Lubbock County, Texas.
AND CORRECT TO THE BEST OF MY KNOWLEDGE
AN EL1EF. JOHN WEST 8 ASSOCIATES
MIDLAND TEXAS
Seale: 1"=1000' Drown by: Mascarenas
ROIIALD J. EI TEXAS RPS NO. 1883
N.M. LS NO. 3239 Date: June 22, 1984 Sheet 1 of 1 Shjets
Rev. Date:july 13, 1984 IWO. No.: L-1984-473--1A
THE,STATE OF TEXAS X
COUNTY OF.LUBBOCK X
SURFACE LEASE
THIS AGREEMENT made and entered into this day of
A. D. by and between City of Lubbock, hereinafter called "Lessor", whose
address is P.O. Box 2000, Lubbock Texas , 79457 ,
and ADOBE GAS CO., 1100 Western United Life Building, Midland, Texas, hereinafter
called "Lessee", its successors and assigns.
For and in consideration of the mutual covenants herein contained, Lessor
does hereby lease, let and demise unto Lessee the following described premises,
to -wit:
A 0.231 acre tract of land on City of Lubbock land in Section 4, Block S,
G.C. & S.F. RR. Co. Survey, Lubbock County, Texas, and being more particularly
described as follows:
BEGINNING at a point for the Southwest corner of said tract, from which a
1" iron pipe at the Southwest corner of said Section 4 bears S.88033'W. a
distance of 2016.6 feet;
THENCE N.00°06'E. a distance of 133.1 feet;
THENCE N.890321E. a distance of 65.0 feet;
THENCE S.000 06'W. a distance of 79.0 feet; _=
THENCE N.89°321E. a distance of 25.0 feet;
THENCE S.000 06'W. a distance of 55.0 feet;
THENCE N.890541W. a distance of 90.0 feet to the Point of Beginning and
containing 0.231 acres of land, more or less.
1. Term of Lease: The term of this lease is for a minimum of five years.
At the end of this initial five year lease, Lessee has an option to renew this
lease on a yearly basis for as long as the pipeline and related facilities are
in use.
2. Rental: As consideration for this lease, Lessee shall pay Lessor an
annual rental in the sum of $10.00 as rentals for the leased premises.
3. Easements and Rights -of -Way: Lessee shall have the right of ingress
and egress to and from leased land and they may•build, erect; maintain, operate and
remove such facilities, plants, structures, pipelines and buildings as it deems
necessary or appropriate in the conduct of its business of receiving, handling,
processing, selling and transporting gas and its components. Leased premises
;shall be maintained in a neat and orderly manner, and shall be operated in
compliance with all applicable laws and regulations. Lessee shall hold Lessor
harmless from any liability arising by reason of Lessee's failure to comply with
applicable governmental laws, rules or regulations.
(1)
4. Assignment: The rights of either party hereunder may be assigned in
whole or in part and the provisions hereof shall extend to their heirs, successors
and assigns, but no change of divisions in ownership of the land or rentals,
however accomplished, shall operate or enlarge the obligations or diminish the rights
of Lessee. No sale or assignment by Lessor shall be binding on Lessee until Lessee
shall be furnished by registered U.S. Mail with a certificated copy of recorded
instrument evidencing same. _In the event of assignment of this lease as to a
segregated portion of said land, the rentals payable hereunder shall be apportionable
as between the several leasehold owners ratably -according to the surface area of
each, and default in rental payment by one shall not affect the rights of other
leasehold owners hereunder.
5. Hold Harmless Agreement: It is expressly agreed and understood that
Lessee shall indemnify and hold Lessor harmless from and against any and all
claims of every kind and character of any persions, firms or corporations whomsoever,
which result, directly or indirectly, from the use by the Lessee of the premises
covered by this agreement. It is further expressly agreed and understood that
Lessor shall not be liable to Lessee or Lessee's employess or patrons, or visitors
for any damage to person or property, and Lessee agrees to hold Lessor harmless
from all claims of every kind or character for any damages or injuries.
6. Default: It is expressly agreed and understood that in case of
default in any of the covenants contained herein, Lessor may enforce the
performance of this lease.in any mode provided by law.
7. Regulations: This lease shall be subject to all federal and state laws,
executive orders, rules or regulations, and to all order, rules, regulations or
recommendations of all federal or state officers, agencies, boards, commissions
or committees which in any way, directly or indirectly, relate to or affect
performance of any of the express or implied covenants of this lease shall not
be forfeited or terminated in whole or in part, nor shall Lessee be liable in
damages, for failure to comply with any of the express or implied covenants of
this lease if such complianco is prevented by, or if such failure results from
compliance with, any such law, order, rule, regulation or recommendation.
8. Title: Lessor hereby warrants and agrees to defend the title to said
land and agrees that Lessee at its option may discharge any tax, mortgage or
other lien upon said land, either in whole or in part, and in event Lessee
does so, it shall be subrogated to such lien with the right to enforce same and
apply rentals accruing hereunder toward satisfying same. Without impairment of
Lessee's rights under the warranty in event of failure of title, it is agreed
that if Lessor owns an interest in said land less than the entire fee simple
(2)
estate, then the rentals to be paid Lessee shall be reduced proportionately.
All provisions of this lease agreement shall inure to,the benefit of and
be binding upon Lessor and Lessee, their respective heirs, successors and assigns
and the terms and provisions hereof. shall constitute covenants running with the
title to the leased land.
EXECUTED on the day and year first above written.
ATTEST:
J�ATTEST:
dames - U . gentry
r Asp' t-8 ?d&— ary
l r.FccnR I c 1
(LESSEE)
ADOBE GAS CO.
D. B. Freeman
Vice President
(3)
BLOCK S
2 I G. C. 81 S. F. RR. CO. SURVEY 1 10
3 4 4 II
N 89 0 32' E
DETAIL 65 -
SCALE 1"=50' 3
00
W o
0
o - v7 N 89°32'
p M 25'
p —
2 3
"tD
0.231 ACRE a
n p
O
W
_ TO' 20' s
N 89°54' w
C. PIPELINE
EASEMENT
84
CITY OF LUBBOCK
SEE DETAIL__
3 4 S 88033_w 2016.6~ i f
6 I" I,p �tC. PIPELINE EASEMENT 5 12
,j FIELD NOTE DESCRIPTION
A 0.231 acre tract of land on City of Lubbock land in Section 4, Block
S, G.C. & S.F. RR. Co. Survey, Lubbock County, Texas, and being -more
particularly decsribed as follows:
BEGINNING at a point for the Southwest corner of said tract, from
which a I" iron pipe at the Southwest corner of said Section 4 bears
S 88° 33' W a distance of 2016.6 feet;
THENCE N 0U° 06' E a distance of 133.1 feet;
THENCE N 89" 32' E a distance of 65.0 feet;
THENCE S 00° 06' W a distance of 79.0 feet;
THENCE N 89° 32' E a distance of 25.0 feet.
THENCE S 00° 06' W a distance of 55.0 feet;
THENCE N 89° 54' W a distance of 90.0 feet to the Point of Beginning
and contai 0.231 acres of land, more or less.
OF
•• *••••......•••••••••" ADOBE GAS COMPANY
RONALD J. EJDSON Midland Texas
I HEREBY R11P•Y~TKAT•'TM 'P QT
WAS MADE FROM $r�T i�dN FIELD A 0.231 acre tract of land located on City of
IN A BONA FIDE S � � VARR MY Lubbock land in Section 4, Block S, G.C. & S.F.
SUPERVISION, AND THAT AME IS TRUE RR. Co. Survey, Lubbock County, Texas.
AND CORRECT TO THE BEST OF MY KNOWLEDGE
• AND ELIEF.
• f JOHN WEST a ASSOCIATES
,,a
MIDLAND TEXAS
• �' Scam: 1"=1000' Drawn by: J.Mascarenas
RON LD J. EIDSO)4(/ tEXAS RPS NQ 1883
N.M. LS NO. 3239 p01e November 24 1984 Sheet 1 of 1 Sheets
Rev. Dole: W.O. No. , L-19136-473-1 }3
BEFORE M , the ndersigned authority, on this day personally
appeared, 0 "OP , known to me to be the person
and o fi�cer whose name is subscri ell t the oregoing instruments as
UAL President of (��_ j LQa (dz
, a Corporation, and acknowledged to me that he
executed the same as the act and deed of said corporation, for the
purpose and consideration therein expressed, in the capacity therein
stated, and that said corporation executed said instruments for itself
and in the capacities therein specified.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day o
, 191L.
(I. k. loj"'L)w
Notary Public in a d for the
State of
My Commission Expires: l
THE STATE OF TEXAS 3
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally
appeared ALAN HENRY , known to me to be the person
whose name is subscribed to the foregoing instruments and acknowledged
to me that he executed the same for the purpose and consideration
therein expressed, in the capacity therein stated, and that he
executed said instruments for and in the capacities therein
specified.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
19
Notary Public in and for the
State of
My Commission Expires: