HomeMy WebLinkAboutResolution - 2011-R0137 - Easement - Shirley, Jamethy, And Gregory Greene - 04_14_2011Resolution No. 2011--RO137
April 14, 2011
Item No. 5.6
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 Lubbock County, Texas, owned by Shirley Greene, Jamethy Greene, and
Gregory Greene, 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 City Council.
Passed by the City Council on April 14, 2011
J
TOM MARTIN, MAYOR
ATTEST:
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Reber a Garza, City SecretaryU
APPROVED AS TO CONTENT:
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Marsha Reed, P.E., Chidperation Officer
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
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STATE OF TEXAS
COUNTY OFLUBBOCK
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3���� Resolution No. 2011-R0137
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EASEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT:
Shirley Greene, whose mailing address is 2912 E. County Road 7200, Lubbock, Texas
79404, Jamethy Greene, whose mailing address is 2912 E. County Road 7200, Lubbock, Texas
79404 and Gregory Greene, whose mailing address is 1908 81 S` Street, Lubbock, Texas 79423,
hereinafter collectively referred to as "Grantor", for a valuable consideration, to it paid by The
City of Lubbock, Texas (the "Grantee") with offices at 1625 13`h Street, Lubbock, Texas 79401,
the receipt and sufficiency of which are hereby acknowledged, has granted and does by these
presents grant unto Grantee the following described perpetual exclusive easement, servitude and
right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon,
across and within the following described lands, described in Exhibit A(hereinafter called the
"Lands" or "Easement Lands") situated in Lubbock County, Texas:
Pipelines and Equipment
Grantor hereby grants to Grantee a perpetual exclusive Easement to install transmission
lines and to survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate,
replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain
(blow-offl 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 all other equipment and facilities related thereto,
or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to
the transportation of water through, under, upon, over, across and within the Lands. Such
perpetual exclusive Easement shall be as described in Exhibit A attached hereto and incorporated
herein, and hereby made a part hereof by reference to describe the Easement and the Lands.
This Easement is specifically made by Grantor and accepted by Grantee subject to the
following terms, covenants, obligations and conditions:
1. 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, with the right to ingress and egress and regress to
and from and access on and along said Easement, for the Permitted Uses; and (c) the right
to locate the Pipeline System through, over, under, upon, across and within the Easement
for the purpose of water transportation. Grantee shall use the Easement for the Permitted
Uses and Pipeline System and for no other purposes or uses.
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
Pipeline Easement Agreement
Resolution No. 2011-RO137
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
Shirley Greene, whose mailing address is 2912 E. County Road 7200, Lubbock, Texas
79404, Jamethy Greene, whose mailing address is 2912 E. County Road 7200, Lubbock, Texas
79404 and Gregory Greene, whose mailing address is 1908 8151 Street, Lubbock, Texas 79423,
hereinafter collectively referred to as "Grantor", for a valuable consideration, to it paid by The
City of Lubbock, Texas (the "Grantee") with offices at 1625 130' Street, Lubbock, Texas 79401,
the receipt and sufficiency of which are hereby acknowledged, has granted and does by these
presents grant unto Grantee the following described perpetual exclusive easement, servitude and
right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon,
across and within the following described lands, described in Exhibit A (hereinafter called the
"Lands" or "Easement Lands") situated in Lubbock County, Texas:
Pipelines and )Equipment
Grantor hereby grants to Grantee a perpetual exclusive Easement to install transmission
lines and to survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate,
replace, repair, and remove (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 all other equipment and facilities related thereto,
or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to
the transportation of water through, under, upon, over, across and within the Lands. Such
perpetual exclusive Easement shall be as described in Exhibit A attached hereto and incorporated
herein, and hereby made a part hereof by reference to describe the Easement and the Lands.
This Easement is specifically made by Grantor and accepted by Grantee subject to the
following terms, covenants, obligations and conditions:
1. 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, with the right to ingress and egress and regress to
and from and access on and along said Easement, for the Permitted Uses, and (c) the right
to locate the Pipeline System through, over, under, upon, across and within the Easement
for the purpose of water transportation. Grantee shall use the Easement for the Permitted
Uses and Pipeline System and for no other purposes or uses.
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
Pipeline Easement Agreement
with all applicable local, state and federal laws, orders, rules, regulations, standards,
licensing, permitting and other legal requirements including, without Iimitation, all
environmental laws, orders, rules, regulations, standards, licensing and permitting (the
"Legal Requirements"). Grantee agrees to construct the Pipeline System in a prudent
manner, in compliance with all Legal Requirements, and with due care for Grantor's
property, business and operations. Grantor and Grantee shall each conduct its activities
in such a manner as to not unduly interfere with or cause a disruption to the other's
business, operations and property or those of other third parties entering or crossing the
Easement. In the event it is discovered that Grantee is in violation of any portion of the
Legal Requirements, Grantee agrees to commence, upon receipt of written notice of such
violation, the process of curing such violation so that Grantee will be in compliance with
this subparagraph. Upon completion of any construction project that is part of the
Pipeline System and upon completion of any record survey, Grantee shall provide a copy
to Grantor of the record survey showing the location of the Easement and Pipeline
System and all other installed assets on the Grantor's lands.
3. It is acknowledged by Grantor and Grantee that this Easement shall not be
dependent on the Lake Alan Henry Pipeline Project and shall not be dependent upon
Grantee receiving water through the Pipeline System from Lake Alan Henry. The
Easement granted herein shall be for the transportation of water, regardless of source, and
shall continue in full force and effect unless Grantee should abandon the Pipeline System
as identified herein. The rights granted to Grantee herein may be abandoned solely by a
formal resolution of its governing body that authorizes the abandonment of the Pipeline
System. Any such abandonment will not be effective until it is evidenced by notice in
writing, signed by the Grantee's official representative, and filed of record in the county
where the Lands are located.
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. Unless Grantor agrees otherwise in writing, Grantee agrees that during
Permitted Uses related to the Pipeline System, any and all trees, timber, wood, bushes,
shrubs and brush, and other debris materials resulting from site preparation cleared from
the Easement shall, at Grantee's option, be either burned on site, buried, or removed by
Grantee from Grantor's property and disposed of properly. If such debris is burned on
site, the Grantee shall have constant watch over burn piles with adequate fire fighting
equipment on site. Grantee further agrees that neither Grantee nor its assigns, employees,
contractors, agents nor representatives shall burn any trees, timber, wood, bushes, shrubs
or brush cleared from the Easement on Grantor's property during burn bans as legally
designated by County Officials.
6. Grantee shall at all times during the Easement Term, at Grantee's sole cost
and expense, keep the Pipeline System in a safe and properly maintained condition.
Grantee shall promptly make all necessary or appropriate repairs, replacements and
renewals of the Pipeline System, and keep and maintain the Pipeline System in good
Pipeline Easement Agreement 2
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.
7. 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).
8. During construction of the Pipeline System, Grantee shall provide
reasonable access to Grantor's property. All fences, drainage systems, irrigation systems
or other improvements damaged or disturbed shall be repaired or replaced by Grantee
with professional care and according to standard industry practices. Within the
Easement, Grantee shall have the right to cut fences and install gates to enable Permitted
Uses for the Pipeline System. Nothing contained herein shall designate or limit the dates
in connection with the Permitted Uses for the Pipeline System. The Pipeline System
shall be so located or shall be buried at a sufficient depth so it does not interfere with
current cultivation of the soil at the soil levels as they exist at time of execution of this
Easement. Following completion of construction, the surface area of Grantor's property
shall be restored to its previous condition as nearly as practicable by Grantee.
9. This grant of Easement shall not preclude the right of Grantor to cultivate,
use, and enjoy the Lands for any purposes which will not constitute an interference with
the Easement, rights and privileges herein granted to Grantee, or endanger any of
Grantee's property. However, the right reserved by Grantor as to the perpetual Easement
shall not include the right to erect any buildings, reservoirs, structures, or other
improvements on the perpetual Easement without the advance written permission of
Grantee.
10. Grantor, his successors, assigns, or agricultural lessees or tenants, if any,
are to be compensated, as set out herein under Paragraph 16, for all damages to the lands
and personal property located thereon, including but not limited to fences, crops,
livestock, driveways, drainage systems, and/or irrigation systems, if any, as a result or
related to the Grantee's use or occupation of the lands pursuant to the rights granted by
this Easement, including but not limited to construction, future operation and
maintenance of the Pipeline System. This shall include any damages to Grantor as a
result of the interruption of any business of Grantor which interruption may be caused by
the action of Grantee on the Lands. Payment of these damages and for the value of this
Easement by Grantee, subject to the terms of this Paragraph 10, will be in an amount
agreed to by Grantor and Grantee and shall be a one-time payment as set forth in
Paragraph 16, for any and all of such damages, whether occurring or accruing at or after
the time of construction of the pipeline system.
Pipeline Easement Agreement 3
11. Grantee shall exercise due care and diligence in the use of the rights and
privileges herein granted to it. In case of abandonment of said Easement as provided in
3, the title and interest herein granted shall end, cease, and terminate, and title to the
Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands.
12. The grant of Easement herein contained is subject to all valid and
subsisting easements, leases including oil, gas and wind energy leases, and rights -of -way
of record affecting the Lands.
13. It is a condition precedent to the payment to the Grantor of the sum named
herein that the title to the Lands described herein shall be vested in the Grantor, subject
only to the interest of Grantee hereunder and to the matters set out in Paragraph No. 12
hereof and to such other defects, interests, or encumbrances as may be waived in writing
by Grantee. Grantor shall provide to Grantee an executed release from any lien holder,
tenant, lessee, or other party having an interest in the Easement prior to payment of the
compensation called for in Paragraph 16 hereof.
14. Grantee shall procure and have recorded without cost to Grantor all
assurances of title and affidavits which the Grantor may be advised by Grantee are
necessary and proper to show in Grantor title sufficient to grant the above easement free
and clear of encumbrances other than those encumbrances expressly defined herein.
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 cooperate and aid Grantee, if necessary, to obtain any curative documents
needed.
15. If Grantee or Grantor 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 conveyed to Grantee and described herein, shall
be the same as the purchase price hereinafter stated in Paragraph 16, but should the
Grantor own a lesser interest than that Easement conveyed to Grantee and described
herein, such award shall not exceed that portion of the purchase price stated in Paragraph
16 which the value of such lesser easement conveyed to Grantee bears to the value of the
entire Easement described herein.
16. As complete consideration for the above grant of easement and for all the
rights and privileges granted to the Grantee in this agreement, including but not limited
to, any damages identified in Paragraph 10 above, Grantee agrees to pay Grantor the one
time sum of Six Thousand Seven Hundred Fifty Eight Dollars and 31/100 ($6,758.31).
17. "Grantee" when used in this instrument, shall include The City of
Lubbock's officers, agents, servants, employees, representatives, contractors,
independent contractors, subcontractors, and/or their equipment or vehicles.
Pipeline Easement Agreement 4
18. 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.
19. A. TO THE EXTENT PERMITTED BY LAW, GRANTEE HEREBY
ASSUMES ALL LIABILITY FOR, AND AGREES TO INDEMNIFY, DEFEND AND
HOLD GRANTOR HARMLESS FROM ALL CLAIMS, DEMANDS, FINES,
DAMAGES, LIABILITIES, LOSSES, COSTS, EXPENSES (INCLUDING WITHOUT
LIMITATION REASONABLE ATTORNEYS' FEES AND COURT COSTS), THAT
MAY BE SUFFERED OR INCURRED BY GRANTOR, ON ACCOUNT OF INJURIES
TO OR DEATH OF ANY PERSONS, OR DAMAGE TO OR DESTRUCTION OF
ANY PROPERTY, OCCURRING ON THE EASEMENT AFTER THE EFFECTIVE
DATE OF THIS AGREEMENT TO THE EXTENT CAUSED BY GRANTEE'S OR ITS
EMPLOYEES, CONTRACTORS, OR AGENTS NEGLIGENCE OR WILLFUL
MISCONDUCT.
B. WHEN ANY LOSSES, CLAIMS, DEMANDS, OR CAUSES OF
ACTION OF THE TYPES DESCRIBED IN SECTION A OF THIS PARAGRAPH ARE
THE RESULT OF JOINT OR CONCURRENT NEGLIGENCE OR WILLFUL
MISCONDUCT OF GRANTEE OR THEIR RESPECTIVE EMPLOYEES,
CONTRACTORS OR AGENTS, EACH PARTY'S DUTY OF INDEMNIFICATION
WILL BE IN PROPORTION TO ITS ALLOCABLE SHARE OF SUCH JOINT
LIABILITY TO THE EXTENT PERMITTED BY LAW, AS DETERMINED BY A
COURT OF COMPETENT JURISDICTION.
C. 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, AND
GRANTOR SHALL BE SOLELY LIMITED TO THE REMEDY OF ACTUAL
MONEY DAMAGES FOR SUCH CLAIMS, SUBJECT TO THOSE LIMITATIONS
CONTAINED IN PARAGRAPH 26 HEREUNDER.
D. IT IS THE EXPRESS AGREEMENT OF THE PARTIES HEREIN,
GRANTOR AND GRANTEE, THAT NOTHING IN PARAGRAPH 19.A.-D.,
PARAGRAPH 20, 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. IT IS FURTHER AGREED BY
GRANTOR AND GRANTEE THAT GRANTEE RESERVES ALL DEFENSES AND
LIMITATIONS TO WHICH IT IS ENTITLED UNDER ANY AND ALL
APPLICABLE LAWS.
Pipeline Easement Agreement 5
20. GRANTEE AGREES TO THE EXTENT PERMITTED BY LAW TO
RELEASE, INDEMNIFY, DEFEND, AND HOLD GRANTOR HARMLESS FROM
AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, COSTS (INCLUDING LEGAL
COSTS), EXPENSES AND LIABILITIES OF WHATSOEVER NATURE ARISING
FROM POLLUTION OR CONTAMINATION EMANATING FROM THE PIPELINE
SYSTEM AND EQUIPMENT OF GRANTEE ARISING FROM OR RELATING TO
THE PERFORMANCE OF THIS AGREEMENT (THE "GRANTEE POLLUTION
LIABILITIES"). FOR THE AVOIDANCE OF DOUBT, "GRANTEE POLLUTION
LIABILITIES" SHALL EXCLUDE ANY SUCH POLLUTION LIABILITIES ARISING
FROM ANY CONDITION EXISTING BEFORE THE EFFECTIVE DATE OF THE
EASEMENT. GRANTOR AGREES TO RELEASE, INDEMNIFY, DEFEND, AND
HOLD GRANTEE HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES,
DAMAGES, COSTS (INCLUDING LEGAL COSTS), EXPENSES AND LIABILITIES
OF WHATSOEVER NATURE ARISING FROM (I) POLLUTION EMANATING
FROM THE PROPERTY AND EQUIPMENT OF GRANTOR, (II) ANY CONDITION
EXISTING BEFORE THE EFFECTIVE DATE OF THE EASEMENT, (III)
POLLUTION OR CONTAMINATION MIGRATING OR HAVING MIGRATED ON,
UNDER, OR TO THE EASEMENT FROM ANY OTHER LOCATION, AND (IV) THE
POSSESSION, OCCUPATION OR USE OF THE REMAINING PORTIONS OF THE
GRANTOR'S ADJACENT PROPERTY.
21. It is understood and agreed that this Easement is not a conveyance of the
fee estate for any of the Lands covered hereunder, but is only an easement through, over,
under, upon, across and within the Lands.
22. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
23. 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.
24. 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 provision hereof, and
this Easement shall be construed as if such invalid, illegal or unenforceable provisions
had never been contained herein.
25. 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.
Pipeline Easement Agreement 6
26. Neither party shall be liable to the other party or any of such party's
affiliates in any action or claim, including without any limitation, any action or claim for
indemnity under Paragraphs 19 and 20, above, for loss of profit, loss of product, loss of
use, or for indirect, consequential, punitive, exemplary, special or other similar types of
damages, regardless of how caused and regardless of the underlying theory of recovery,
and even if caused by the sole or concurrent negligence of the responsible party.
27. Grantee agrees not to interfere with Grantor's rights to cultivate, use and
enjoy the lands for any purpose, except as limited herein, provided that any such
operation or use by Grantor, or Grantor's heirs, successors or assigns, shall not interfere
with or endanger the operations or integrity of Grantee's Pipeline System and Permitted
Uses. Additionally, the Grantor will not construct any facilities or perform any activities
in or around the Easement and Lands that may violate federal and state regulations
regarding the protection of drinking water supplies and facilities that convey such water.
Grantor and Grantee agree and hereby give notice to any subsequent mineral, water, wind
or energy lessee or grantee of any interest overlying or underlying the Lands owned by
Grantor and the Easement, that Grantee will be operating the Pipeline System as a
Permitted Uses as defined herein, and that no drilling, mining or other operation shall be
conducted on or in the vicinity of the Easement and Lands which would interfere with or
endanger the operations or integrity of the Pipeline System and Permitted Uses. Further,
no structure shall be placed on the Easement, which would interfere with or endanger the
operations or integrity of the Pipeline System and Permitted Uses.
A. To the extent that Grantor owns any portion of any mineral estate,
leasehold estate and/or royalty interest of any kind or character under the Lands defined
herein, Grantor surrenders and releases its surface drilling rights and all other rights of
surface use of the Easement and Lands incident to the production of oil, gas,
hydrocarbons, minerals, wind energy, and water production subject to the following
exception and limitation:
i) Grantor reserves and excepts from this release and retains for itself, its
successors and its successors -in -interest, all rights to explore for, to drill and produce oil,
gas and other hydrocarbons underlying or situated beneath the Easement and Lands by
any means whatsoever, including wells directionally drilled from surface location on
nearby lands so long as no surface operations are performed on the Easement and so long
as such operations will not interfere with or endanger the operations or integrity of the
Pipeline System and Permitted Uses.
ii) Grantor shall include the surface use restrictions and covenants provided
herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind
rights or interests and water rights or interests.
28. 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.
Pipeline Easement Agreement 7
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.
[ Signatures of the Parties on Next Page ]
Pipeline Easement Agreement 8
�
�
18th February �"
EXECUTED this � day of �,� ,�l$ ("Effective Date")
GRANTOR:
Shirley Greene
���� � �,�:
The City of Lubbock
By:_�.�-��r.
Name: TOM MARTIN
Title:
,.,. [Acknowledgements of the Parties on Next PageJ
ATTE�"T; ' ' � _
.,o;
',
, �,
Reti�` : a�Ga#�z�;,C, i�y Secr�tary
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APPRi��I�°�S a'd'4,'l�C?N"f`ENT:
t�°l���.�-`�r� -
�
Marsha Reed, .E.
Chief Operations Offcer
Pipeline Easement Agreement �
i� �
1 th Fe ruary 201`
EXECUTED this �X day of %�� ,�fi ("Effective Date").
G OR:
Shirley Greene
/
Jamethy Greene
Gregory Gireene
GRANTEE:
The City of Lubbock
By:
Name:
- Title:
[Acknowledgements of the Parties on Next PageJ
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
�
Mazsha eed, P,E.
Chief Operations Officer
APPROVED A O FORM:
G
Attomey
Pipeline Easement Agrecment �
�1l
EXECUTED this day of A L— , 144-8 {"Effective Date"}.
GRANTOR:
Shirley Greene
The City of Lubbock
By:
Name: TOM MARTIN
Title: Mayor
[Acknowledgements of the Parties on Next Page]
ATTEST:
A 3<
Reber a Garza, City Secretary
APPROVED AS TO CONTENT:
hIdA,6 � a--�
Marsha Reed, P.9.
Chief Operations Officer
Pipeline Easement Agreement 9
alk
EXECUTED this 7-14 /" 1' `-� �" `°
day of _ , �� (Effective Date").
Shirley Greene
a
Jamethy Greene
Gregory Greene
GRANTEE:
The City of Lubbock
By:
Name:
Title:
[Acknowledgements of tine Parties on Next Page]
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
w aA A) � 6— vu—j
Marsha Reed, P.E.
Chief Operations Officer
APPROVED AS -TO FORM:
Attorney
Pipeline Easement Agreement 9
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me o 401 A, by Shirley
Greene.
�
Glw► A. AB1LA o �blic e.H,6 x
/
y; *= MY COMMISSION EXPIRES
Jenuaiy a, 2012 Printed Name of Notary I� /% ,
My commission expires: 9 6014o �`
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This inst -ument was acknowledged before me on , 2010, by Jamethy
Greene.
Notary Public, State of Texas
Printed Name of Notary
My commission expires:
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on
Greene.
Notary Public, State of Texas
Printed Name of Notary
My commission expires:
Pipeline Fm ment Agreement 10
2010, by Gregory
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on , 2010, by Shirley
Greene.
Notary Public, State of Texas
Printed Name of Notary
My commission expires:
STATE OF TEXAS
COUNTY OF LUBBOCK §
ft
This instrument was acknowledged before me on �r �, 20.1.0 by Jamethy
Greene.
inMICHAEL D. MORGAN
k NoWyPJ*$faledTe= otary ublic, State of Texas
Printed Name of Notary
My commission expires:
STATE OF TEXAS
COUNTY OF LUBBOCK
,;Ztg! i
This instrument was acknowledged before me on — B , 2&M, by Gregory
Greene.
"�►"'� VEDA L. WRIGHT
Notary Public. State of Texas
M commission Expires
�~l�flpF�k+P. December 01. 2012
Notary Public, State of Texas
v.rz GLa I-. U-) r { o, k-i-
Printed Name of Notary 1
My commission expires: C-�® J 9L—
Pipeline Easement Agreement 10
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on 6 i 1 `% , 2010, by TOM
MARTIN on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said
Texas Home Rule Corporation.
ELISA SANCHEZ
Notary public, Slate of Texas
My commission Expires 1 i-R 2011
Exhibits: "A"
Lu&
Notary Public, State of
Elf sa- S eZ
Printed Name of Notary
My commission expires: R-01-.x l
Survey and Legal Description of the Perpetual Exclusive Easement
Pipeline Easement Agreement
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Pipeline Easement Agreement 12
I
r-
Exhibit A Resolution No. 2011—RO137
Legal Description of the Perpetual Exclusive Easemert -
Lake Alan Henry Treated W atcr Line Easement
Parcel No. 2004
PERIMETER SURVEY OF A 3.335 ACRE TRACT LOCATED IN
SECTION 7, BLOCK S
LUBBOCK COUNTY, TEXAS
J
HEM AND BOUNDS DESCRUMON of a 3335 acre tact of land located in the Northeast Quarter of Section 7, Block S,
Lubbock County, Tcaas, being limber deseabod as follows
BECM04I +IG at a W iron rod found at the Northeast corner of Section 7, Block S. Lubbock County, Texas, same being the
Nordwast corner of this Grad;
TItENCE S. 01108'09' W_ along the East line of said Section 7, a distance of 2641.71 feet to a 112" iron rod with cap set for
sl�r ^cam^^- of the Ncrtbcaat Qwunr W of Saud Section 7 and this tract;
THENCE N. W50r5l' W., along to South litre of the Nortimst Quarier of said Section 7, a distance of 55.00 feet to a 112"
iron rod with cap sct for the Soud west corns of this tract; t
{
THENCE N_ 01 °O8'08' E. a distance of 2641.67 foci to a " MAG' tmI with wasber stx in the North Hoc of said Section 7 for
the Nordnvest oorner of this tract;
THENCE S. 88°531)5' E. along the North line of said Soction 7, a distance of 55.00 fret to the Point of BcgWnk
Hearings ere relative to the Ttataa Coordkuft System of 1993, CORS 96y Epoch 2002.0
Surveyod on ft grotmd.
April 2,2OD9
Robert A, Owistoph:s
Registered Profem iaoal Land Srrrrr<yoar No. 5167
Licensed State Land Surveyor
State ofTcau
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Sher 2 of 2
H-00 FEED
ANC ABSOC7ATE3. WVG
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Exhibit A.
- -- - -- Legal Description of the Perpetual Exclusive Easement Resolution No. 2011—RO137
Lake Alan Henry Treated Water Line Easement
Parcel No. 2004
N PER.LsdETER SURVEY OF A 3.335 ACRE TRACT LOCATED 2;
SCAU: P-5W SECTION 7, BLOCK S
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LUBBOCK COUNTY, TEXAS
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NOTES:
RP.AVY LNNES 2CXCATE PLAT LIMTTS
o - FOUND 5w FROM ROD
- SET Vr IRON ROD WTrH CAP
•. SET"MAW NAIL WITH WAS
A lc� dea,aiNso� d..ed dery
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FILED AND REC�RDED
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�;�P���'• :���y�• OFFICIAL PUBLIC RECURO:;
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Kelly Pinion, County Clerk
Lubbock !'ount� 7EXAS
August 28, 2012 02:06 35 P11
FEE: $7ti a7U L��G�����5