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Home My WebLink AboutResolution - 1013 - Agreement - CDTC - Pipline Easement, Section 4 Block S - 01/14/1982DWR:c1 RESOLUTION RESOLUTION 1013 - 1/14/82 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 Carbon Dioxide Technology Corpora- tion, 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. 1982 Passed by the City Council this 14th day of .iantiary ,113m "A��? �ftLf MCALIST , MAYOR ATTEST: Evelyn„Gaf ga, ity Ser a Treasurer APPROVED AS TO CONTENT: 111,19 _ � r �e. Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: Davits W. Reagan, Ass t ity Attorney EASEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § RESOLUTION 1013 - 1/14/82 Know all men by these presents, that the City of Lubbock, Texas, a home -rule municipal corporation, hereinafter referred to as Grantor, for and in consideration of ONE THOUSAND THREE HUNDRED AND N0/100 DOLLARS ($1,300.00) and other good and valuable con- sideration to it cash in hand paid by Carbon Dioxide Technology Corporation, a Texas corporation having its principal office at 11211 Katy Freeway, Suite 320, Houston, Texas, hereinafter referred to as Grantee, and the full and faithful performance by Grantee of the terms, conditions and covenants herein contained, has granted, sold and conveyed, and by these presents does grant, sell and convey unto Grantee, subject to the terms, conditions and covenants hereinbelow, a right-of-way and easement for the purpose of laying, maintaining, and operating underground pipelines to be used for transporting any and all substances capable of being transported through such pipelines in and under the following described tract of land: a 20.00 foot wide pipeline easement out of Section 4, Block S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which bears South 89°16' West a distance of 2733.44 feet from the Southeast corner of Section 4, Block S, Lubbock County, Texas; THENCE North 00°44' West a distance of 540.83 feet; THENCE North 89°16' East a distance of 20.00 feet; THENCE South 00°44' East a distance of 540.83 feet; THENCE South 89°16' West a distance of 20.00 feet to the Point of Beginning. Grantor, also, for and inconsideration of the above described good and valuable consideration and the full and faithful perfor- mance by Grantee of the terms, conditions and covenants herein contained, has granted, sold and conveyed, and by these presents does grant, sell and convey unto Grantee, subject to the terms, conditions and covenants hereinbelow, a right-of-way and easement for the purpose of laying, maintaining, and operating underground pipelines to be used for transporting any and all substances capable of being transported in and under the following described tract of land: a'10.00 foot wide pipeline easement out of Section 4, Block S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which bears South 89°16' West a distance of 3698.89 feet and North 00°44' West a distance of 45.00 feet from the Southeast corner of Section 4, Block S, Lubbock County, Texas; THENCE North 00°44" West a distance of 10.00 feet; THENCE North 89°16' East a distance of 965.45 feet; THENCE South 00°44' East a distance of 10.00 feet; THENCE South 89°16' West a distance of 965.45 feet to the Point of Beginning. Concomitant and coextensive with this right is the further right in Grantee of ingress and egress over and upon the above described lands to effect the purposes of this easement. Said rights are conditioned on the reasonable exercise thereof by the Grantee and only for the purposes laying, maintaining, and oper- ating underground pipelines. In the event of excessive use, or use inconsistant with the purpose of this easement, or use by means otherwise injurious to the servient tenement, Grantor shall have the right to extinguish this easement. Grantee hereby understands and agrees to pay any and all damages resulting to either Grantor's property or any other prop- erty which may arise from the laying, maintaining and operating said pipelines. Further, Grantee hereby understands and agrees that it shall indemnify, save and keep harmless the Grantor from any and all claims for damage to real and personal property and injuries to or death suffered by persons by reason of the con- struction, repair, maintenance, or operation by Grantee of said pipelines. Grantee hereby understands and agrees that it shall at its sole cost and expense restore to their former condition of use- fulness the surface of the land and the pavements of all streets, within the right-of-way of the said pipelines which may be dis- turbed or interfered with by the construction, maintenance, re- pair, or operation of the said pipelines. Grantee hereby understands and agrees that all pipelines laid, maintained, and operated under this easement shall be placed and buried at least 48 inches below the surface of the land. Grantor reserves the right to use the surface of the above described land in any manner not inconsistent with the rights and privileges hereby granted to Grantee, it being intended that the Grantor's present streets and facilities as now located or as hereafter relocated shall not be interfered with, and that the Grantor shall have the right to construct, and maintain, or grant the right to construct and maintain to any other person or entity, such additional streets across such land as may be required at any future date. The rights conferred hereby shall be the privilege of the Grantee only, and no assignment or transfer hereof shall be made, or other use be permitted than for the purpose stated herein without the consent and agreement in writing of the Grantor being first had and obtained. The rights conferred hereby are for a period of fifteen (15) years commencing on the date of execution of this indenture. The Grantee shall have the option of renewing this agreement upon the same terms and conditions as herein specified, for addition and successive fifteen (15) year periods, upon giving notice to the Grantee in writing ten (10) days before the expiration of the fifteen (15) year period. In any event, should Grantee at any time abandon or discontinue to use this easement or any part thereof, or if the Grantee violates any provision of this in- denture,_this._,easement and the rights herein.shall thereupon immediately cease, and the Grantee shall surrender or cause to be surrendered to the Grantor, or its successors or assigns, the peaceable possession of the above described land. The Grantee, by acceptance and filing of this easement, recognizes and.obligates itself to the covenants herein contained. Executed this 14th day of January , 1982. THE CITY LUBBOC EXAS LMEAT ISTER, MAYOR ATTEST: Evelyn G a-, City 96afktary-Treas. APPROVED AS TO CONTENT: Carroll McDonald, Director o Electric Utilities APPROVED AS TO FORM: y avi W. Reagan, Abs ity Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned, a Notary Public, in and for said County, Texas, on this day personally appeared Bill McAlister, Mayor of the City of Lubbock known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Iq day of r, 1982. j Alt A Notary Public, Lubbock County, Texas My Commission Expires. �,�q