HomeMy WebLinkAboutResolution - 1753 - Sanitary Sewer Line Easement - Texas General Land Office - Mackenzie Park - 07/12/1984JWF:js
RESOLUTION 1753 - 7/12/84
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of said City its acceptance of an
easement on State land, being Miscellaneous Easement No. 84-151 from the
Commissioner of the Texas General Land Office and Chairman of the Board for
Lease of Texas Parks and Wildlife Department, pursuant to a Resolution duly
adopted by said Board on June 14, 1984, for constructing, laying, inspect-
ing, operating, repairing, replacing, reconstructing and maintaining a 24
inch O.D. wastewater pipeline together, on and across land owned by the
State of Texas as described in said easement, attached herewith, 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 Ju1v , 1984.
ALAWRCNP , M YOR
ATTEST
Xa,uR.aK.., 6 Lj_ , A
City Secretary -`
APPROVED AS TO CONTENT:
WilfZKcV D. Wat-ann, Chief Engineer,
Water tilities
APPROVED AS TO FORM:
J. W r h Fullingim, Asst. City Vtorney
,s�usiin, �►�x�s
EASEMENT ON STATE LAND
MISCELLANEOUS EASEMENT NO. 84-151
STATE OF TEXAS
COUNTY OF LUBBOCK
(1) By virtue of the authority granted in Senate Bill No. 354, Chapter
325, Acts of the 52nd Legislature, 1951, as amended by Senate Bill No. 321,
Chapter 239, Acts of the 54th Legislature, 1955, (codified as Natural
Resources Code § 35.051) the State of Texas,- Grantor herein, acting by and
through its Board for Lease of the Texas Parks and Wildlife Department, hereby
grants to the CITY OF LUBBOCK, P. 0. Box 2000, Lubbock, Texas 79457,
hereinafter called Grantee, its successors or assigns, an easement and right-
of-way for the following purpose: constucting, laying, inspecting,
operating, repairing, replacing, reconstructing, and maintaining a a 24" O.D.
wastewater pipeline together with all connections thereto on and across the
following described land, owned by the State of Texas, in Lubbock County,
Texas, to -wit:
See Exhibit A attached hereto and made a part hereof for centerline
description. The right-of-way shall be 407.45 rods in length with a
construction easement width of 50 feet and a permanent easement
width of 20 feet.
(2) As consideration for the granting of this easement, Grantee hereby
agrees to make all necessary wastewater connections to the park facilities
needed to adequately serve visitors to the park and agrees to provide
wastewater service to the park at no charge in the event that operation and
management of the park -reverts to the Parks and Wildlife Department and as
long as it is used as a state park. Additionally, the mitigation measures in
Exhibit B hereby incorporated in this easement contract for all purposes.
(3) The term of the easement is to be 25 years with an option to renew
for an additional 7 years to coincide with expiration of the easement on
December 31, 2015.
(4) It is agreed that when said line is placed on said land, the
location of the right-of-way shall become fixed at said location of said line,
and the course and location of said right-of-way shall not be changed, except
by agreement with the proper official of the State of Texas as authorized by
law.
(5) The Grantee is hereby granted the right of ingress and egress to
and from said right-of-way for the purpose of constructing, erecting,
maintaining, repairing, replacing and rebuilding said line; and such right is
not granted for any.other purpose. The Grantee agrees to occupy the land only
to the extent and for the length of time necessary when constructing,
erecting, maintaining, repairing, replacing and rebuilding said line.
(6) The Grantee shall have the right to remove any of its own property
from said right-of-way, provided all payments under this agreement due at the
time of such removal are paid up in full. If the Grantee removes any pipes,
poles, or other equipment or structures, it will fix and level the land from
where the same are taken so that said land will be as nearly as possible in
the same condition it was before the Grantee entered thereon.
(7) Grantee shall make all reasonable efforts to construct and maintain
this pipeline in such a manner as will lessen the risk to the property and
Grantee further agrees to make every reasonable effort to prevent pollution,
and if such pollution occurs, will commence clean-up operations as soon as
possible after such pollution occurs.
(8) It is the duty of the Commissioner of the Texas General Land Office
to carry out and enforce the terms of this agreement on behalf of the State.
In the event suit is necessary on behalf of the State, the Attorney General
shall bring the same.
(9) All of Grantee's property removed from the right-of-way under
Paragraph six (6) is subject to a lien in favor of the State of Texas for all
payments due at the time of removal.
(10) Grantee shall indemnify and hold harmless Grantor against any
liability for damages to any person or property arising from Grantee's
occupation and use of the right-of-way.
Entered into this 12th day of July , 1984.
THE STATE OF TEXAS
BY
GARRY MAURO
Commissioner of the Texas General
Land Office and Chairman of the
Board for Lease of Texas Parks and
Wildlife Department, pursuant to a
resolution duly adopted by said
Board on June 14, 1984
CITY OF LUBBOCK
BY l+—
w
GRANYEt Alan 1enry ayor
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on , 1984
by GARRY MAURO, Chairman of the Board for Lease of the Texas Parks and
Wildlife Department of the State of Texas.
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on • 1984
by
of the CITY OF LUBBOCK.
(PRINT NAME)
MY COMMISSION EXPIRES
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
I, RANETTE BOYD, City Secretary for the City of Lubbock,
Texas, hereby certify that the attached document is a true and correct copy
of Resolution 1753, being duly recorded in Minute Book No. 43A, Page 473,
Item 798, of the Minutes of the City Council dated July 12, 1984.
TO CERTIFY WHICH, witness my hand and
seal of the City of Lubbock, Texas this
26th day of July, 1983.
(Seal)
RANETTE BOYD
City Secretary
Mitigating Measures
1) Return terrain to natural grade.
2) Replace topsoil - soil mantle at original position.
3) Install environmental fabrics, erosion control measures as needed.
4) Re -seed disturbed area with mixture of 15# PLS buffalo grass
(Tex-oka or Kan -Tex)
and 15# PLS Side Oats grana (E1 Reno) per acre.
5) Avoid established trees by placing protective barriers around the
drip -line.
Lubbock - Mackenzie S. P.
4-3-84
SANITARY SEWER UNDERGROUND UTILITY EASEMENT
Sanitary sewer line easement in Mackenzie State Park, more particularly
—� described as follows:
Permanent easement twenty feet in width, 10 feet either side of and parallel
to the following described center line; also a temporary working easement
fifty feet in width, 25 feet either side of and parallel to the following
described center line;
Beginning at point being 1512.10 feet west and 1259.50 feet south of the
Northeast corner of Section 3, Block "0", Lubbock County, Texas;
THENCE North 52'24' West, 668.00 feet to point No. 1;
THENCE South 84°57' West, 432.00 feet to point No. 2;
THENCE North 74°01' West, 855.00 feet to point No. 3;
THENCE South 88°01' West, 193.00 feet to point No. 4;
THENCE North 10°46' West, 200.00 feet to point No. 5;
THENCE North 88°47' West, 484.70 feet to point No. 6;
THENCE South 74°59' West, 235.30 feet to point No. 7;
THENCE North 82'37' West, 85.00 feet to point No. 8;
THENCE North 56°08' West, 176.00 feet to point No. 9;
THENCE North 74°15' West, 830.00 feet to point No. 10;
THENCE North 1053' West, 141.00 feet to point No. 11. Said point No. 11 bears
South 36.32 feet and East 16.27 feet from the Northwest corner of Section 3,
Block "0".
THENCE North 76013' West, 470.00 feet to point No. 12,-'
THENCE North 5°43' West, 446.00 feet to point No. 13;
THENCE North 33043' West, 935.00 feet to point No. 14;
THENCE North 19°55' West, 269.00 feet to point No. 15;
THENCE North 62°32' West, 215.00 feet to a point in the West property line
of Mackenzie Park. Said point bears South 1006.99 feet and West 1295.65
feet from the Northeast corner of Section 79, Block "A", Lubbock County, Texas.
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