HomeMy WebLinkAboutResolution - 948 - Gas Line Land Use Permit & Joint Use Of Easements - Energas- 6 Tracts - 10/22/1981RESOLUTION 948 - 10/22/81
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RESOLUTION
f! 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
u to execute for and on behalf of the City of Lubbock a Gas Line Land Use Permit
Agreement and Joint Use of Easements Agreement to be entered into by and be-
tween said City of Lubbock and Energas Company, attached herewith which shall
jlj be spread upon the minutes of the Council and as spread upon the minutes of
j this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 22nd day of October 1981.
41 44
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-ATTEST,_
Evelyn Ga ga, City ry-Treasurer
APPROVED AS TO CONTENT:2q.. 122
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Carroll McDonald, Director
l Electric Utilities
/ C3�wl
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
J. W th Fullingim, Asst. City Attor ry
RESOLUTION 948 - 10/22/8.
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 22nd day of October ,
1981, 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 subsidiary of Pioneer Corporation, 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:
I.
That in consideration of the mutual grants and agreements made and to be
made by and between CITY and PERMITTEE, from CITY to PERMITTEE, and PERMITTEE
to CITY, as hereinafter set forth, the said undersigned parties hereto do
hereby contract and agree as follows:
The CITY does hereby grant unto PERMITTEE a permit to lay, construct,
repair, maintain, and use an underground gas distribution line in, upon, under,
along, and across the following described real estate owned and controlled 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 Railraod, 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.J. 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.
PERMITTEE after construction shall at its cost, restore the surface to its
original condition PERMITTEE 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.
PERMITTEE 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.
IV.
PERMITTEE hereby grants to CITY the joint use and permission to use the
following described easements of the CITY for electrical power line purposes
insofar as such easements of the CITY may be located upon easements of PER-
MITTEE 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 the
PERMITTEE insofar as such electrical power lines located in such easements of
the CITY are located upon existing gas line easements of the PERMITTEE, 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. 89016' W. approx. 3800.91' and N. 0°44' W. 52'
from the S.E. corner of Section 5, Blk. S;
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. 0°44' W. 114.5' from the S.E. corner of Section 5, Blk. S;
THENCE N. 89°16' E. 1833.85' to a point and parallel to the south line of
Section 5, Blk. S;
THENCE S. 0051'.E. 95' to a point which is S. 89°16' W. 1266.92' and N.
0°51' W. from the S.E. corner of Section 5, Blk. S;
THENCE S. 89°16' W. 1833.90' 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 is S. 89016' W. 1266.92' and N. 0*51' W. 19.5'
from the 'S.E. corner of Section 5, Blk. S;
THENCE N. 0°51' W. 95' to a point;
THENCE N. 89°16' E. 655.22' to a point in the R.O.W. of U.S.. 84;
THENCE S. 73037' E. along U.S. 84 R.O.W. 322.78' to a point;
THENCE S. 89016'.W. 963.5' to the point of Beginning.
TRACT C
BEGINNING at a point which is N. 0°44' W. 67' and N. 89016' E. 203.871,
such point being in the east R.O.W. of U.S. 84;
THENCE S. 73`47'42" E. 163.04' to a point;
THENCE N. 89016' E. 908.59' to a point;
THENCE S. 71043'20" E. 64.79' to a point;
THENCE N. 89046' E. 34.07' to a point in the west R.O.W. of Spur 331;
THENCE N. 32°08'37" W. along the R.O.W. of Spur 331 a. distance of 136.391;
THENCE S. 89°16' W. 1244.76' to a point in the East R.O.W. of U.S. 84;
THENCE around a curve to the left having a radius of 15', and a chord
distance of 0.22';
THENCE S. 73047'42" E. along U.S. 84 R.O.W. a distance of 162.80' to the
point of Beginning.
TRACT D
BEGINNING at a point on the East R.O.W. of: the Santa Fe R.R. and S. 0013'
E. 80' from the north line of Section 12., Rlk. S, the same point being in
the south R.O.W. line of F.M. 3020 and the North property line of Kerr
Construction Company tract;
THENCE N. 89°47' E. along the South R.O.W. of F.M. 3020 a distance of
799.35';
THENCE S. 0013' E. 63.5' to a point;
THENCE S. 89047' W. 746.91' to a point in the East R.O.W. of Santa Fe
R.R.;
THENCE N. 39046' W. 82.35' to the point of Beginning.
TRACT E
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, B1k. S. same point also being in the South
R.O.W. line of F.M. 3020;
THENCE S. 0°12' E. 63.5' to a point;
THENCE S. 89048' W. 236.75' to a point;
THENCE S. 88°01'48" W. 959.72' to a point;
THENCE S. 1°05'36" E. 27.5' to a point;
THENCE S. 88°54'24" W. 10' to a point;
THENCE N. 1°05'36" W. 27.5' to a point;
THENCE S. 89047' 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. 89°47' E. 1908.67' to a point;
THENCE N. 87040' E. 800.6' to a point;
THENCE N. 89048' E. 403' to the point of Beginning.
V.
CITY will locate its electrical distribution and transmission lines in
such locations as hereby permitted so as not to interfere with PERMITTEE'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.
VI.
CITY_agrees_that at all times it will indemnify and save harmless the
PERMITTEE 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 loca-
tions hereinabove set forth and to pay the PERMITTEE the full amount of any
loss or damage which it may sustain, incur or become liable for on account
thereof.
VII.
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 either party
hereto shall give written notice of cancellation of this agreement to the other
party sixty days before the expiration of the first five year term of this agree-
ment or sixty days before the expiration of any successive five year term there-
after. Said notice of cancellation shall be given in writing by either 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, 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:
Evelyn Gaffga,•Ci atary-Treasurer
ENERGAS COMPANY
a subsidiary of Pioneer Corporation
PRESIDENT
ATTEST:
Secretary
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
-APPROVED AS TO FORM:
i
D d G. 'Vandiver, Asst. City Attorney
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 UNDER MY HAND AND SEAL OF OFFICE THIS 43—4DAY OF
1981. '
Notary Public, Lubbock County, Texas
My Commission Expires: A /V
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE HE, the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared
known to me to be the person whose name is subscribed to the foregoing instru-
ment and acknowledged to me that he executed the same as the act and deed of
ENERGAS COMPANY, a subsidiary of Pioneer Corporation, and as its
President, for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF ,
1981.
Notary Public, Lubbock County, Texas
My Commission Expires:
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