HomeMy WebLinkAboutResolution - 1109 - Agreements - Energas & WTC - Gas Line Use & Utility Easements, Amends #948 - 05/27/1982Not
RESOLUTION 1109 - 5/27j82
Amends Reso. 948, 10/2 /81
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Resolution No. 948 of the City of Lubbock passed by
this City Council on October 22, 1981 is hereby in all things repealed.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized
to execute a Gas Line Land Use Permit Agreement and Joint Use of Easements
Agreement to be entered into by and between said City and Energas Company and
Westar Transmission Company, both of said Companies being a Division of Pioneer
Corporation, 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 this 27th day of May 1982.
i
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, City 5"6c116tj¢-Treasurer
APPROVED AS TO CONTENT:
r
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
�1
J. o th Fullingim, Asst. Ci Attorney
RESOLUTION 1109 - 5/27/82
Amends Reso. 948, 10/22/82
GAS LINE LAND USE PERMIT AGREEMENT
AND JOINT USE OF EASEMENTS AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT entered into as of the 27th day of May V
1982, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipality,
herein called "CITY", acting through its Mayor hereunto duly authorized, and
ENERGAS COMPANY, a Division of Pioneer Corporation (herein called "Energas")
and WESTAR TRANSMISSION COMPANY, a Division of Pioneer Corporation (herein
called "WESTAR") a corporate public utility company, acting by and through its
undersigned officers hereunto duly authorized, herein called "PERMITTEE", as
follows:
KNOW ALL MEN BY THESE PRESENTS:
PART ONE: AGREEMENT BETWEEN CITY AND ENERGAS
I.
That in consideration of the mutual grants and agreements made and to be
made by and between CITY and ENERGAS, from CITY to ENERGAS and ENERGAS to
CITY, as hereinafter set forth, the said undersigned parties hereto do hereby
contract and agree as follows:.
The CITY does hereby grant unto ENERGAS a permit to lay, construct,
repair, maintain, and use an underground gas distribution line in, upon,
Lunder, along, and across the following described real estate owned and con-
trolled by said CITY, to -wit:
A tract of land out of the northeast 4 of Section 80, Block A, Lubbock
County, Texas described as follows:
BEGINNING at a point 70.7 feet south of the northeast corner of said
Section 80, Block A, said point being in the south right-of-way line of
Santa Fe Railroad;
THENCE S. 64°37' W. parallel with and adjacent to the south right-of-way
line of Santa Fe Railroad, a distance of 150 feet, more or less, to a
point in the east right-of-way line of a dedicated city street;
THENCE Southeasterly, parallel to and adjacent to the said street east
right-of-way line a distance of 20 feet;
THENCE N. 64037' E. parallel with said railroad right-of-way a distance
of 140 feet, more or less, to a point in the east line of Section 80,
Block A;
THENCE N. 0°35' W., a distance of 22.03 feet to the Place of Beginning.
SAID Gas Line shall be buried 18 inches below the surface of the ground
under which it lies.
II.
ENERGAS after construction shall at its cost, restore the surface to its
original condition. ENERGAS at its own cost and subject to the supervision
and control of the City shall locate, construct, and maintain said Gas Line in
such'a manner that it will not at anytime be a source of danger to or interfer-
ence with municipal operations and the safety thereof.
III.
ENERGAS agrees that at all times it will indemnify and save harmless the
CITY against all claims, demands, actions or causes of action, arising or
growing out of any damage to property or injury to or death of persons which
may be due in any manner to the construction, use, maintenance, state of
repair or presence of the Gas Line installation and to pay the CITY the full
amount of any loss or damage which it may sustain, incur or become liable for
on account thereof.
P
PART TWO: AGREEMENT BETWEEN CITY AND WESTAR
.In consideration of the mutual grants and agreements and promises of
each, the CITY and WESTAR hereby agree as follows:
If
WESTAR hereby grants to CITY the permission to use the following described
easements of the CITY for electrical power line purposes insofar as such ease-
ments of the CITY may be located upon easements of WESTAR for gas line purposes
to the end that the CITY is hereby permitted to construct, reconstruct, maintain,
replace, and repair electrical power lines for the distribution and transmission
of electricity, ingress, egress, and regress for such purposes, in, on, upon,
over, and across easements of WESTAR insofar as such electrical power lines
located in such easements of the CITY are located upon existing gas line easements
of WESTAR, such electrical power line easements and such electrical power lines
of the CITY being described and located in and upon the following lots, tracts,
or parcels of land all located in Lubbock County, Texas to -wit:
TRACT A
BEGINNING at a point S. 89°16' W. approx. 3800.91' and N. 0044' W. 52'
from the S.E. corner of Section 4, Blk. S., Lubbock County, Texas;
THENCE N. 0°44' W. 47.5' to a point;
THENCE N. 88002'20" E. 700.16' to a point which is S. 89°16' W. 3100.77'
and N. 0044' W. 114.5' from the S.E. corner of Section 4, Blk. S;
THENCE S. 0044' E. 95' to a point;
THENCE S. 88002'20" W. 700.16' to a point;
THENCE N. 0044' W. 47.5' to the point of Beginning.
TRACT B
BEGINNING at a point which bears South 71043'20" E. approximately 28.05'
from the center line of a steel pole structure located at Station No.
50 + 57.15 on the transmission line drawings of the Lubbock Power and Light
Company of the City of Lubbock;
SAID center line of steel pole structure bears North 89°16' East 1276.38'
and North 0°44' West approximately 78.14' from the Southwest corner of
Section 11, Block S, Lubbock County, Texas;
THENCE from the beginning point North 22039'10" East approximately 47.64'
to a point for the Northeast corner of this tract;
THENCE North 71°43120" West approximately 20.06' to a point for the Northwest
corner of this tract;
THENCE South 22039'10" West approximately 95.28' to a point for the
Southwest corner of this tract.
THENCE South 71°43'20" East approximately 20.06' to a point for the
Southeast corner.of this -tract;
THENCE North 22039110" East approximately 47.64' to the point of Beginning.
TRACT C
BEGINNING at a point which bears South 89°47' West approximately 3508.07'
and South 0°13' East 80' from the Northeast corner of Section 12 Block S.
Said point being in the East R.Q.W. line of the Santa Fe R.R. and the
South R.O.W. line of F.M. 3020, for the point of beginning.
THENCE North 89047' East along the South R.O.W. of F.M. 3020 a distance
of 799.35' to a point in the East property line of Kerr Construction
tract.
THENCE South 0013' East 63.5' to a point.
THENCE South 89047' West 746.91' to a point in the East R.O.W. line of
Santa Fe R.R.
THENCE North 39046' West along Santa Fe R.R. R.O.W. 82.35' to the point
of beginning.
TRACT D
BEGINNING at a point which is N. 89°48' E. 403' and S. 0°12' E. 50' from
the N.W. corner of Section 13, Blk. S. same point also being in the South
R.O.W. line of F.M. 3020;
THENCE S.
0012' E. 63.5' to a point;
THENCE S.
89048' W.
236.75' to a point;
THENCE S.
88001'48"
W. 959.72' to a point;
THENCE S.
1005'36"
E. 27.5' to a point;
THENCE S.
88054124"
W. 10' to a point;
THENCE N.
1005'36"
W. 27.5' to a point;
THENCE S.
89°47' W.
1905.67' to a point;
THENCE N.
0013' W.
63.5' to a point in the south R.O.W. line of F.M.
3020;
THENCE N.
89047' E.
1908.67' along the south R.O.W. of F.M. 3020 to a
point;
THENCE N.
87°40' E.
800.6' to a point;
THENCE N.
89048' E.
403' to the point of Beginning.
II.
CITY will locate its electrical distribution and transmission lines in
such locations as hereby permitted so as not to interfere with WESTAR'S use
and enjoyment of its gas line easements, and so as to comply with the safety.
requirements necessitated by the nature of the construction of electrical
distribution and transmission lines.
The rights herein given to CITY by WESTAR do not include any
rights, titles or interests of the subsurvient estates or
surface owners from whom Permittee has obtained its easements
or possessory rights, and City agrees that if any consent,
conveyance or permission is required from any third party for
City to utilize Permittee's easements as herein mentioned, it
shall be the sole task and expense of City to obtain such con-
sent, conveyance or permission.
CITY agrees that at all times it will indemnify and save harmless WESTAR
against all claims, demands, actions or causes of action, arising or growing
out of any damage to property or injury to or death of persons which may be
due in any manner to the construction, use, maintenance, state of repair or
presence of the electrical distribution and transmission lines at the locations
hereinabove set forth and to pay WESTAR the full amount of any loss or damage
which it may sustain, incur or become liable for on account thereof.
PART THREE: TERM OF THIS ENTIRE AGREEMENT
This agreement is for a term of five years from date first set forth
above, and is automatically extended for successive five year terms unless any
party hereto shall give written notice of cancellation of this agreement to
t
the other two parties sixty days before the expiration of the first five year
term of this agreement or sixty days before the expiration of any successive
five year term thereafter. Said notice of cancellation shall be given in
writing by any party and mailed by certified United States mail to the other
party addressed either to City Secretary, City of Lubbock, P.O. Box 2000,
Lubbock, Texas 79457 or to last known address of said City Secretary, or
Lubbock Local Manager, Energas Company, First National -Pioneer Building, 1500
Broadway, Lubbock, Texas 79401, or to last known address of said Local Manager,
or to the Local Manager, Westar Transmission Company, First National -Pioneer
Building, 1500 Broadway, Lubbock, Texas 79401, or to the last known address of
said Local Manager, as the case may be.
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in
duplicate, the day and year first above written.
ATTEST:
E�Ielyin_ Ga ga,
City Secretary -Treasurer
.ATTEST:
Secretary
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
. V 'r -
e
J. W rth Fullingim, Asst City Attorney
WOOFBOCKTER, MAYOR
ENERGAS COMPANY
A Division of Pioneer Corporation
VERNON CLEM, VICE PRESIDENT
WESTAR TRANSMISSION COMPANY
A Division of P o eer Corporation
j Z Presidents
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
County,.Texas, on this day personally appeared BILL McALISTER, known to me to
be the person whose name is subscribed to the foregoing instrument and acknow-
ledged to me that he executed the same as the act and deed of the City of
Lubbock and as Mayor, for the purposes and consideration therein expressed, and
the capacity therein stated.
GIVEN UND R MY HAND AND SEAL OF OFFICE THIS �= day of ,
1982. .c
Nota Public, Lubbock County, Texas
My Commission Expires:
aA,577—
THE
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared VERNON CLEM, Vice President of
Energas Company, 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 ENERGAS COMPANY, a division of Pioneer Corporation, and as its
Vice President, for the purposes and consideration therein expressed, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /DfJ, day of /%ZQt�,e ,
1982.
.'e'
Notary Public, Lubbock County, Texas
-= My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF oOe' §
BEFORE ME, the undersigned authority, a Notary Public in and for
County, Texas., on this day personally appeared /'� f
L✓iLC� President of Westar Transmission Company, 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 said Westar
Transmission Company, a division of Pioneer Corporation, and as its
President, for purposes and consideration therein expressed, and in the capacity
therPi�n 'stated. "
�
GIVEW UNDER-MY,HAND AND SEAL OF OFFICE THIS `2j - day of ,
1982 1114/
Notary Public, County, Texas
My Commission Expires -A / �1��