HomeMy WebLinkAboutResolution - 2011-R0062 - Easement - Royce Heinrich - 02_10_2011Resolution No. 2011-R0062
February 10, 2011
Item No. 5.8
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 the City of Lubbock, an Easement in connection with certain
properties in Lynn County, Texas, owned by Royce Heinrich, and all related documents.
Said Easement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council on February 10, 2011
TOM MARTIN, MAYOR
ATTEST:
— . 13-0 A _�_ , 9��( -
Re ecc Curza, Ct.,,, Secret —y
APPROVED AS TO CONTENT:
Marsha eed, P.E., Chief Operation Officer
Dave Booher, Right -of -Way Agent
i
Res -Easement Royce Heinrich 1.31.11
Resolution No. 2011-R0062
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LYNN §
ROYCE HEINRICH, as his sole and separate property, whose address is 4505 93", Drive,
Lubbock, TX 79424 (hereinafter referred to as the "Grantor" whether one or more) for a
valuable consideration, to it paid by THE CITY OF LUBBOCK, Texas (the "Grantee") with
offices at 1625 13th Street, Lubbock, Texas 79401, the receipt and sufficiency of which are
hereby acknowledged, has granted and does by these presents grant unto Grantee an easement,
servitude and right-of-way through, over, under, upon, and across the land described in Exhibit
"A" (hereinafter called the "Land" ) situated in Lynn County, Texas.
Pipelines and Equipment
Grantor hereby grants to Grantee the Easement to survey, construct, reconstruct, install,
upgrade, operate, inspect, maintain, alter, relocate, replace, repair, and remove within the
boundary of the herein described Easement (hereinafter called "Permitted Uses"), pipelines,
conduits, drain (blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole
covers, corrosion monitoring test stations, pipeline markers, fence gates, impressed current deep
well anode stations with power supplies, flow meters, system communication lines and splice
boxes, pipeline trail road on non cultivated areas, and equipment and facilities related thereto
(hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of
untreated potable water through, under, upon, over, and the Land. Such Easement shall be 60
feet wide, as described in Exhibit "B" as attached hereto (herein referred to as the "Easement" or
Easement Land"). Further, a temporary construction easement is hereby granted parallel and
adjacent to the Easement which shall be an additional 60 feet, as shown on the survey plat
attached hereto as part of Exhibit "B". The temporary Easement shall terminate upon
completion of all construction activities on the herein described Land.
Terms and Conditions
This Easement is specifically made by Grantor and accepted by Grantee subject to the
following terms, covenants, obligations and conditions:
l , Grantee may use and occupy the Easement for the sole purpose of: (a) the
right to perform Permitted Uses related to the Pipeline System; (b) the right (for men,
material, and equipment) of ingress and egress and regress to and from and access on and
along said Easement granted herein, and (c) the right to locate the Pipeline System
through, over, under, upon, across and within the Easement for the purpose of untreated
potable water transportation. Grantee shall use the Easement for the Permitted Uses and
Pipeline System and for no other purposes or uses.
Royce Heinrich -- Pipeline Easement Agreement
DodD 157807 v.I
2. Grantee covenants and agrees that its use of the Easement and its
operations conducted thereon shall. to the best of Grantee's ability, at all times comply
with all applicable local, state and federal laws. orders, rules, regulations, standards,
licensing, permitting and other legal requirements including, without limitation, all
environmental laws. orders, rules, regulations, standards, licensing and permitting (the
"Legal Requirements"). Grantee agrees to construct the Pipeline System, in compliance
with all Legal Requirements, and with due care for Grantor's agricultural activities on the
Land and Grantor's adjacent property.
3. If Grantee should abandon the Pipeline System, then this Easement and
the rights herein granted shall automatically terminate and revert to, and become property
of, Grantor, its successors and assigns. Abandonment shall be irrebuttably presumed
upon the adoption of a formal resolution of Grantee's governing body that authorizes the
abandonment of the Pipeline System.
4. The "Easement Term" is hereby defined as the period of time beginning
with the granting of the Easement and continuing until such time that the Easement is
abandoned by Grantee.
5. Grantee shall at all times during the Easement Term, at Grantee's sole cost
and expense, keep and maintain the Pipeline System in good order, condition, and repair
(ordinary wear and tear excepted), and in such condition as may be required by
applicable Legal Requirements. Grantee shall keep the Easement in good order,
condition and repair following any work related to Permitted Uses on the Pipeline
System.
6. Grantee shall be responsible for obtaining all permits necessary to
construct and operate the Pipeline System on the Easement. Without limiting the
foregoing, and to the extent required, Grantee will secure and maintain any and all
environmental permits required by the Texas Commission on Environmental Quality
covering the Easement. Grantee will provide Grantor with a copy of Grantee's
environmental permit(s), if applicable, and notify Grantor of any proposed changes to
said permit(s).
7. Within the Easement, Grantee shall have the right to cut fences and install
gates to enable Permitted Uses for the Pipeline System. Before a fence is cut by Grantee,
it shall be properly supported on either side of the contemplated opening by suitable posts
and braces. Fences and gates installed by Grantee shall meet the specifications described
in, and be installed as specified in, Exhibit "C" attached hereto and made a part hereof.
8. The Pipeline System shall be so located or shall be buried at a depth of at
least sixty (60) inches below the surface of the ground. All ditches dug for such purposes
shall be double cut with subsurface soil first returned into the ditch over the pipeline and
then top soil replaced above the base soil. Any rocks brought to the surface shall be
placed back in the ditch below forty (40) inches from the surface of the ground or
removed from the Land. Grantee shall compact the soils in the pipeline ditch sufficiently
Royce I leinrich -- Pipeline Easement Agreement 2
Doc1D 157807 v.l
to prevent sinking and settling, restore the contour of the Land to its original condition as
nearly as possible.
9. This grant of Easement shall not preclude the right of Grantor to fully use
and enjoy the Land, except as may be necessary for Grantee's purposes herein provided,
however, (A) no buildings, structures or reservoirs may be constructed upon the
Easement, (B) improvements (other than drip irrigation lines and overhead irrigation
equipment) may not parallel the Pipeline within the Easement Land, (C) all power lines,
metallic pipelines, and telecommunication lines hereafter installed by Grantor must cross
the Easement at no less than a 45' (forty-five degree) angle, (D) all underground power
lines and any metallic pipelines (excluding irrigation water lines and water distribution
lines used to service Grantor's property) hereafter installed by Grantor must have a
minimum separation of two feet (2') from the water pipeline and shall be installed and
constructed in accordance with generally accepted engineering practices, and (E) fences
constructed by Grantor that cross the Easement must have gates installed so that Grantee
may have access to and along the Easement at all times.
10. In case of abandonment of said Easement, as provided in Paragraph No. 3
above, the title and interest herein granted shall end, cease, and terminate, and title to the
Easement shall revert to the then owner of the Land.
11. The grant of Easement herein contained is subject to all valid and
subsisting easements, leases including oil, gas and mineral leases and wind energy leases,
and rights -of -way of record affecting the Land.
12. Abstracts or certificates of title or title insurance may be procured by the
Grantee at its expense. The expense of recording this Easement shall be borne by
Grantee. Grantor agrees to reasonably cooperate and aid Grantee, if necessary, to obtain
any curative documents needed.
13. If Grantee, in its sole discretion, determines that the Easement conveyed to
Grantee and described herein should be acquired by judicial procedure, either to procure
a safe title or for any other reason, then Grantor and Grantee hereby stipulate that the
ultimate award to the Grantor for the Easement granted to Grantee and described herein,
shall be the same as the consideration hereinafter stated in Paragraph No. 14.
14. As consideration for the grant of this Easement, Grantee agrees to pay
Grantor a sum equal to Eighty-five Dollars ($85.00) per rod multiplied by the number of
rods, and/or fractions thereof, for the length of the Easement crossing the Land. It is
agreed that should Grantor own an interest in the Easement Land that is less than the
entire fee simple estate, then the consideration to be paid shall be reduced
proportionately.
15. Upon completion of construction, Grantee shall (i) remove all rock,
gravel, caliche, or other materials foreign to the natural condition of the Land that may be
brought to the surface or placed on the Land by Grantee; (ii) level and fill with top soil all
Royce Heinrwh -- Pipeline Lasement Agreement �
Doc1D 157807 v.I
holes, ruts, or other surface disturbances in such a manner as to restore same to the
natural contour of the surrounding property; (iii) clean the area to the end that all objects,
materials, and structures foreign to the natural condition of the Land are removed and
eliminated; (iv) in the event any of surface disturbance on grassland, Grantee shall plant a
seed mix of grass and forbes in the area of such disturbance and re-establish grass cover;
and (v) otherwise restore the surface of any portion of the Land that may be disturbed by
Grantee's activities to its original condition as nearly as reasonably possible.
16. After completion of construction, and except in cases of emergency,
maintenance or repair, on cultivated land, vehicular ingress, egress and regress shall be
permitted in, but limited to, the use of then -existing roadways and turn rows Grantor has
on his property.
17. Grantee, at its sole cost and expense, shall repair or replace in good and
workmanlike manner any underground lines or other improvements of any kind that it
may damage during construction, maintenance, or removal of its pipelines. On cultivated
land, when crops are planted. Grantee shall repair or replace within twenty-four (24)
hours any water lines, or other lines necessary to the operation of Grantor's irrigation
systems, that may be cut or damaged by Grantee during construction, maintenance, or
operations of its pipelines.
18, Grantee agrees that, except as may be reflected in Exhibit "M attached
hereto, no above ground equipment and/or facilities related to the Pipeline System shall
be installed, constructed, or otherwise located on cultivated ground located within the
Easement. Grantee further agrees any future installation, construction, and location of
such equipment and/or facilities shall be limited to the boundary lines of the Land or
along turn -rows existing as of the date hereof.
19. Grantee shall not permit any of its employees, contractors, subcontractors,
agents, or other third parties acting on behalf of Grantee who may enter upon the Land
under the authority of this grant to (i) bring upon the Land any alcoholic beverage or
illegal drugs, or (ii) to hunt on any portion of the Land or to take or carry any firearms
thereon for any purpose whatsoever. Grantor, or Grantor's representatives, shall have the
right to deny access or to expel from the Premises anyone carrying any such prohibited
substances or any form of firearm.
20. "Grantee" when used in this instrument, shall include The City of
Lubbock's officers, agents, servants, employees, representatives, contractors,
independent contractors, subcontractors, invitees, and/or their equipment or vehicles.
21. Words of any gender used in this agreement shall be held and construed to
include any other gender, and words in the singular number shall be held to include the
plural, and vice versa, unless the context requires otherwise.
Royce l{cinrich -- Pipeline basement Agreement 4
DociD 157807 v.l
22. A dispute related to claims for damages accruing under the terms hereof
shall not be cause for the termination of the easement and/or any rights granted
hereunder.
23. TO THE FULLEST EXTENT PERMITTED BY LAW, GRANTEE
HEREBY RELEASES AND AGREES TO HOLD HARMLESS AND DEFEND
GRANTOR FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
CAUSES OF ACTION, SUITS, LOSSES, DAMAGES (INCLUDING PUNITIVE
DAMAGES), COSTS, FINES, PENALTIES, AND EXPENSES OF ANY NATURE
WHATSOEVER (INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES, COSTS, AND EXPENSES INCURRED IN
INVESTIGATING AND DEFENDING AGAINST THE ASSERTION OF
LIABILITY, AS SUCH FEES, COSTS, AND EXPENSES ARE INCURRED)
WHICH MAY BE SUSTAINED, SUFFERED, OR INCURRED BY GRANTOR,
ARISING FROM GRANTEE'S ACTIVITIES OR OPERATIONS UPON THE
HEREIN DESCRIBED LAND, TO THE EXTENT CAUSED BY GRANTEE.
SUCH OBLIGATION TO HOLD HARMLESS AND DEFEND SHALL,
WITHOUT LIMITATION, COVER BODILY INJURY, DEATH, DAMAGE TO
PROPERTY OR NATURAL RESOURCES, AND COMPLIANCE WITH ANY
GOVERNMENTAL RULE, REGULATION, ORDER, DIRECTIVE, OR
DEMAND REGARDING THE TESTING FOR, MONITORING, CLEAN UP,
REMEDIATION, OR REMOVAL OF ANY CONTAMINANTS, POLLUTANTS,
HAZARDOUS MATERIALS, OR OTHER TOXIC SUBSTANCES. NOTHING IN
THIS PARAGRAPH OR IN THE EASEMENT AGREEMENT SHALL BE
CONSTRUED AS A WAIVER OF ANY DEFENSES WHATSOEVER THAT
GRANTEE (THE CITY OF LUBBOCK) MAY HAVE UNDER ANY LAW,
INCLUDING BUT NOT LIMITED TO ANY DEFENSES OR LIMITATIONS
CONTAINED IN THE TEXAS TORT CLAIMS ACT OR ITS SUCCESSOR
PROVISIONS. GRANTEE RESERVES ALL DEFENSES AND LIMITATIONS
TO WHICH IT IS ENTITLED UNDER ANY AND ALL APPLICABLE LAWS.
24. It is understood and agreed that this Easement is not a conveyance of the
fee estate for any of the Land covered hereunder, but is only an easement through, over,
under, upon, and across the herein described Land.
25. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
26. This Easement contains the final and complete expression of the parties
with respect to any matter mentioned herein. No prior agreement or understanding
pertaining to any such matter shall be effective. This Easement may be modified in
writing only, signed by the parties in interest at the time of the modification.
27. In case any one or more of the provisions contained in this Easement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provisions hereof, and
Royce Heinrich -- Pipeline Easement Agreement 5
Doc[Q 157807 v.l
this Easement shall be construed as if such invalid, illegal or unenforceable provisions
had never been contained herein.
28. Any notices or demands provided to be given herein by the parties shall be
in writing and mailed by certified or registered mail to the other party at the address set
forth above. Any notice or demand shall be deemed to have been received the earlier of
five (5) days after the date of mailing or the date of actual delivery as shown by the
addressee's certification or registry receipt.
29, Grantor will not construct any facilities or perform any activities within
the Easement that may violate federal and state regulations regarding the protection of
drinking water supplies and facilities that convey such water. However, this restriction
shall not preclude Grantor, or its successors and assigns, from applying on and/or around
the Easement Land such fertilizers, herbicides, pesticides, or other chemicals approved by
the United States Environmental Protection Agency. Grantor and Grantee hereby give
notice to any subsequent mineral, water, wind or energy lessee or grantee of any interest
overlying or underlying the Easement, that Grantee will be operating the Pipeline System
within the Easement boundary in accordance with the Permitted Uses as defined herein.
To the extent that Grantor owns any mineral and/or royalty interest in and under the
Easement, Grantor waives and surrenders its rights to use the surface of the Easement for
the exploration and development of the mineral estate and/or the construction of surface
facilities related to the development of wind energy generation or production.
30, Grantee shall have the right to approve the location and means of future
third -party pipelines which will cross Grantee's pipeline system. Grantee will not
withhold reasonable crossing requests, but will act in a manner to protect Grantee's
pipeline system.
TO HAVE AND TO HOLD said Easement unto Grantee, its successors and
assigns for so long as the same shall be used for the purposes aforesaid subject to the
terms and conditions hereof.
EXECUTED this day of January, 2011 ("Effective Date")
[Signatures of fhe Parties on Next Page ]
Roycc Heinrich -- Pipeline Fasernent Agreement 6
Doc[D 157807 Y]
APPROVED AS TO CONTENT:
) /
Marsha Reed
Chief Operations Officer
APPROVED AS TO FORM:
rry G tham
Attorne
Royce Heinrich -- Pipeline Easement AgrCcment
Doc]D 157807 v.I
OY HEINRICH
GRANTEE:
THE CITY OF LUBBOCK
r
By:
TOM MARTIN, Mayor
ATTEST:
Reb cca Garza, City ec etary
{Acknowledgements}
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the, day of January, 2011, by
ROYCE HEINRICH.
Notary's Seal, Printed Name,
and Expiration of Commission:
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on fir 0 , 2011, by TOM
MARTIN on behalf of the City of Lubbock, a Texas Horne Rule Co oration on behalf of said
Texas Home Rule Corporation.
Notary's Seal, Printed Name,
and Expiration of Commission:
EUSA SANCHEZ
r Notary Public, Slate of Texas
1 My Cosnrr Expires 11-o7-2011
Royce Heinrich -- Pipeline Easement Agreement
MOD 157807 v.1
Notary Public, State of Texa
0
Exhibits: A - Description of Grantor Property
B - Metes and Bounds Description and Survey Plat of Pipeline System
C - Gate Construction Detail and Specifications
D - Drawing of Above Ground Improvements
Royce Heinrich -- Pipeline Easement A-greemenl 8
Doc ID 157807 v.I
Resolution No. 2011-R0062
Exhibit "A"
Description of Grantor Property
W12 of Section 7, Block J, Abstract No. 270 of the John H. Gibson Survey, Lynn
County, Texas.
Rovice Heinrich -- Pipeline Easement Agreement 10
DocID 157807 v.l
Resolution No. 2011—R0062
Exhibit "B"
Metes and Bounds Description of Easement
and Survey Flat
pARCAL NO. QQ L I.
Flaid loot" d"aftfo the cote Ines of a S.W KXt 60�, WW OWmarient pf(i We ooserneht ObIng
toted. ir1.rectfon 7i 410*7R JH. GfiisRn Srarveytptlrr Cvu(�ytTe)c_" end said: pflre[irr WtpHIN
bona destriksed a5 (+R1fow,
ebAo r>iing st a-IFA" frda, rod M cap, JA't W. i2st ifaa: of Me WeA HO of said SFich do 7, 81oc* J,
fdr'the p4lrr bftbls deSGpbn,L"rri wfi.dce:A-W p1O id tth 5dOOw A Dtn%of-this
Noafeed. saidtt%44
poFrktof �hgtng iiavfng a pt aject c r na a 0 �( 71�'(i25 fnd: X. IV
'1ltehce.North'.54'Q?`22' >>rvesr� dlOiiyth i aahfe&yfe df said sffztW FGof (Ca'J iatltla pefTrieirserii' dfpehrie
eaiW tent, a disUAa-- pF796A6 leek th tht: b"Jhr ,of a.cde*-to tht Oah4
Thence along the arc of'a,curve to the rf$ht-Ona be0g.Oons-the cenfagMe of seld�. FOM' (601)
atlde permanent glpr;llne easenerair an arc disci a a9F' 3f�147�-f &� a pots Qr the errd'.oP t ilg.curv+e
svtd tar *e IIMA' np n radius cif 38�0,0� f� and deli$ arEpla bf:3°4
Thdnc a North.5011413V WdM atorrg'tho cia(fttilne 6.f said",Slaty-Foot (601) wide permenerlt pipe line
eaasenwpt, a O tanceof;,iill.341 #crtt�e:i)e9 nrr 9: a:purv$ the fete
Tls alotr�i#Ie ace of a alrye. b0. titer and l�rtg aitidg-.the apep#IerEr�� of'satd• Si?d3►-Foot L6il'��wide
P6trx blilent pf(WW'4t'rbM*rAt, arts• WI AMO 2OUlift tag PoTnt for tm 6Kd athis Cui'Vpr sail#
[xuVe .gain—g a' Watof'38SO.00 w Arid delta fS 49'WW";
Tbance; .. .(j `d-pQnM)) ant W : Ict
a It+dn i�d tti@
�ltit#�1�r�si�1'a�et'tlf�d.�.e�#4rC �,�ht�� !'>fliffitl i�''i�t, a�JLskande.of i`ti2.�U° j$�,.
.Containing 194.10 rods. (4_46 acm)
Royce I leinrich -- Pipeline Easement Agreement 1 1
DoCID 157807 v.I
at+r ;+ 5 bed slxty'fitRrC �i1r►9nk pipel�44 , is abio %ib tp amity. f tl
[6@� tote t�rr�t'� eie»t.tnq para►a# ant Kf nertifrt�
easertsea, locataTmid sbvwn On the aocomp ying WrYW PW-. temF *YL altor
Oas&i ,Nfit *tht ilr.g 4.$8 acrgs of:i$nd.. *-Mfd ternpou'al'y t bnWuCWl e n ,ali li trt ag i�bt #'
In tfto, emmentapmem-lpf.
h4ate.:.
.. A survey- pht tfem SV'rv'. d hexer" #CWMpa `.1.W¢-f 1 de�Wppl
z. �yrveyei+ oui �e prpurt�d #rC�+:
. $ear3h ¢h�te{ka > d I�a�lPp, bast on the•TexWSOW Plane North
Cer��7trFl Z1t+� .e,.ei .fj,�
�t�rfa�s� $djus�it�ti�ittisr•�or �jre �i�!Oiect Is 'I�t)O112,3Q.6
�IG7f-?�HT,�1hr#AN� �'Q
Pax �8(i6) Z�1�A6-
Royce Heinrich -- Pipeline Easement Agreement 12
DocID 157807 v,1
50
$ Srg"24'37" � 5277..8'
FU!l'A' RDO F0.V2''PIP :. .
& floe
A Mik
e &
ti;;• Fw
.0► Sox:, Y2' RO•d r1l W COB
4 i�t df ar
-&wv-red on
A1f.No l " arsd : t 193. w. Qr
nnd; ppyre< eQavari . Fa' �.. _ .
ARM A!
adaslierrtct 33r Y. , _ �I
411 dcskaaces •shuWa aro our?nca dls3ances. Y
ppor�dgB; Sho+rtt, QY�B �ha 7s:
SfaEar ne Cnoxd i1� rQl'Zonc, iR.E 3313HEV
i+711D83 OG'r .
COY Irl to � ii�dt?Kti�R+,-ar"'-wNd �
ll: i a�r4Ci r<iprdi�ed.�HF OMA 616 . tOf aYgl7bi Wi WON q rar wp:m4*
t6apfde7 ahnr,tiR' stiff► d Cp 1fi4 wow ddn?Nd=
Royce Heinrich -- Pipeline Easemem Agreement 13
DoclD 157807 v.l
Resolution No. 2011-ROO62
Exhibit "C"
Gate Construction Detail and Specifications
Rn}'ce l leinrich -• pipeline Easement Agreement 14
DoclD 157807 v.l
Resolution No. 2011-R0062
Exhibit "D"
Drawing of Above Ground Improvements
Royce Heinrich -- Pipelinc Easement Agreement 15
DocID 157807 v,I
MATCH LINE STA 27 +00
! I 1
fill: 11123
µ I
� 0
�ila I � 273+00
I jII i76+00
1 777+00
iM� I I
1
27et00
k}S I !
1 1
279+00
I 1 1
= I fr 1
1 I i f 280+00 if
I I r �ro
ill
xer«00
I
1
I 2e++OP
1 I
1
fi gR5
1 I 266+00 A
is l I iI
6 f I se7+PP
C i I 2"+00
269+00
I
4"
I � I 291+00
I lS_
i AN
r 291 +
2
zz
I
a {A4. 1
-A' p.«� l
yy NpS� n
t �j��IF I 1 295+0010 1
296+00
I I[
297+00
yg 5S 'P Iyiyiyir+� I 1 I
S TCH LIN R g8700
CM OF LUBBOCK
v LAKE ALAN HENRY WATER SUPPLY PROJECT �pRt�d1 at�tC�,f.
C0KMhCT C �1IGG1I0OLLii
h7 n. AM PRPIILE
STA. 273+00 TO STA. 298+00
Royce Heinrich -- Pipeline Easement Agreement 16
Doc[D 157807 v.1