Res 2000-236 - Laserfiche WebLink

Home Browse Search

3.03. Utility Relocation. A. In the course of construction of the ATP Facility, the City's overhead electric and telemetry lines that are presently in or near the City Tract will be relocated. SWT will provide and install the duct bank and manhole(s) for these lines, and the City will provide and install the lines. SWT will pay for the cost of removing the existing overhead lines. B. The City's raw water line from the Comanche wells may encroach within the City Tract. If the water line encroaches as determined by the survey provided by SWT under Section 4.02, the City will reserve an easement for the line at its present location. SWT may relocate the line at its expense in the course of construction ofthe ATP Facility, however, and ifSWT does so, the City will release the easement to SWT upon completion of the relocation. C. All utility relocation work performed by SWT will be performed in accordance with plans and specifications approved by the City, and will comply with all applicable City standards. 3.04. Easements to be Reserved by the City. The City will reserve in its conveyance of the City Tract the following: 1. An easement from Live Oak Street to Sessom Street, and an additional easement at the south end of the City Tract as needed for the electric and telemetry lines to be relocated; and 2. An easement for the raw water line from the Comanche wells. The exact location and dimensions of these easements will be defined by agreement of the parties. 3.05. Well Site. The City Tract does not include any portion of the City's Comanche Wells site. 4. Title Report and Survey 4.01. City Tract Commitment. Within five days from the effective date of this Agreement, the City will order from Hays County Abstract Company (the "Title Company") an ovmer's title policy commitment (the "City Tract Commitment") showing good and indefeasible fee simple title to the City Tract in the City and showing all encumbrances and other matters, if any, relating to the City Tract, together with a legible copy of each document referred to in the City Tract Commitment. 4.02. Survey of City Tract. Within five days from the effective date of this Agreement, SWT, at its expense, will order a current survey of the City Tract consisting of a plat and field notes, prepared by a registered public surveyor. The survey will be dated after the effective date of this Agreement, and will include: 1. the actual dimensions of the entirety of the City Tract and the number of square feet contained in the property; 2. the location and dimensions of any easements or other matters referred to in the City Tract Commitment, with recording references; C:\TEMP\SWT ATP Property Exchange.doc 2