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HomeMy WebLinkAboutResolution - 2011-R0059 - Easement - Gregory Don Scott - 02/10/2011Resolution No. 2011-110059 February 10, 2011 Item No. 5.5 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 Gregory Don Scott, as his sole and separate property, 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: RebeccN Garza, City Secretary APPROVED AS TO CONTENT: a V Q 9 1-- Nfarsl;a-'Reed, P.E., Chief Operation Officer /4./ Dave Booher, Right -of -Way Agent i APPROVED AS TOAORM: ,'Assistant City Attorney Res -Easement Gregory Don Scott 1.25.11 STATE OF TEXAS § COUNTY OF LUBBOCK § IllllIIIIIIIIIIIIIIIIIIIIIIIIIIIII EASE 2011017413 23 PGS Resolution No. 2011-80059 EASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT: Gregory Don Scott, as his sole and separate property, with a street address of 7801 E CR 7900, Slaton, Lubbock County, TX 79364 (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 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") situated in Lubbock County, Texas: Pipelines and Equipment Grantor hereby grants to Grantee a perpetual exclusive Easement to survey, construct, reconstruct, install, upgrade, 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 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 60 feet wide, as described in Exhibit A as attached hereto. Further, a temporary construction Easement is hereby granted adjacent to the perpetual exclusive Easement which shall be an additional 60 feet, as described in Exhibit A as attached hereto. The temporary Easement shall terminate upon completion of all construction activities related to that portion of the Pipeline System that requires said temporary Easement as described in Exhibit B as attached hereto. Exhibit A is 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, under, across and within the Easement for the Scott -- Pipeline Easement Agreement 1 I 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 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") and Grantor's rules and regulations as shown on Exhibit C attached hereto, particularly, but not limited to, those regarding safety, cleanup and distribution and removal of soil, rock and/or trees. Grantee agrees to construct the Pipeline System, in compliance with all Legal Requirements, and with due care for Grantor's property, business and operations. Fences and gates installed by Grantee shall meet the specifications described in, and be installed as specified in, Exhibit D attached hereto and made a part hereof. 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. 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. Grantee may abandon the Pipeline System solely by a formal resolution of its governing body that authorizes the abandonment of the Pipeline System and that further resolves that Lake Alan Henry is no longer necessary as part of Grantees water supply. 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. S. 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 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 Scott -- Pipeline Easement Agreement 2 Pipeline System. Grantee shall commence construction operations on or after November 1, 2011. Grantee shall conclude construction operations on or before March 1, 2012. 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. 8. The Pipeline System shall be buried at least 48" below the surface 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 shall be returned to its preconstruction condition as nearly as practicable. If any of the property shall be grassland, Grantee shall apply grass seed with a native mix from seed that is available and that is the same as existing native grass or comparable to the native grass in the disturbed area. Any Pipeline Equipment that will be installed above plow depth on cultivated lands shall only be installed at the locations identified on Exhibit C or, if no locations are specified on Exhibit C, at such other locations that will not interfere with farming activities and which are approved in writing by Grantor, such approval not to be unreasonably withheld. Grantee will use double ditch method to install the pipeline, with the top -soil being set aside and maintained, non -tillable soil and rock being maintained separate from the top -soil, with the non -tillable soil and/or rock being placed back on the pipeline first to a sufficient point where the surrounding top soil begins, and then the top soil placed back on the pipeline. To the extent that rock and/or other non -tillable soils remain, the same shall be hauled off the Easement, leaving the Easement in a good, tillable condition. 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, drainage and/or irrigation systems, as a result or related to the Grantee's use or Scott -- Pipeline Easement Agreement 3 occupation of the lands pursuant to the rights granted by this Easement, including but not limited to construction of the Pipeline System. Payment of these damages and for the value of this Easement by Grantee, subject to the terms of this paragraph 19, will be in an amount agreed to by Grantor and Grantee and shall be a payment as set forth in paragraph 16, for any and all of such damages, occurring or accruing at the time of construction of the pipeline system. 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 No. 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 No. 16 hereof. 14. Grantor shall procure and have recorded without cost to Grantee 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, 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 conveyed to Grantee and described herein, shall be the same as the purchase price hereinafter stated in Paragraph No. 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 No. 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, Grantee agrees to pay Scott -- Pipeline Easement Agreement 4 Grantor the sum of Forty-four Thousand Three -Hundred Eighteen and 00/100ths Dollars ($44,318.00). 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. 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. 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. IT IS THE EXPRESS AGREEMENT OF THE PARTIES HEREIN, GRANTOR AND GRANTEE, THAT 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. 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. 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 Scott -- Pipeline Easement Agreement 5 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. 26. Limitation on certain types of damages. 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 Scott -- Pipeline Easement Agreement 6 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 the mineral and/or royalty interest 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. 24. It is expressly understood and agreed by Grantor and Grantee that Grantor has been paid for all damage claimed or which could be claimed, whether known or unknown by Grantor, to any Drip Irrigation System on the Land which damage is or may be a result of the initial construction of the Pipeline System. For purposes of this paragraph, "Drip Irrigation System" shall include but not be limited to any and all drip irrigation lines, water lines, feeder lines, drip irrigation tape, water well equipment, improvements (whether above or below ground), and all other equipment or facilities related thereto. As such, nothing contained herein shall create an obligation or duty upon Grantee to fix, replace or repair any Drip Irrigation System damaged as a result of the initial construction activities of Grantee and Grantee is specifically released from any liability, claims or causes of Scott -- Pipeline Easement Agreement 7 action arising from damage to same. 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 ] Scott -- Pipeline Easement Agreement EXECUTED this 2- 4day of 2011 ("Effective Date"). The City of Lubbock By: �//o� Name: Title: 1. ; OpL [Acknowledgements of the Parties on Next Pag4q APPROVED AS TO CONTENT: ATTEST: 1'ryi Marsha Reed., P.E., Rebe kca Garza, City Secre ary Chief Operations Officer Scott -- Pipeline Easement Agreement 9 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on y d�, 2011, by Gregory Don Scott. %11� state o` Tex0s �.Q'!,3013 STATE OF TEXAS COUNTY OF LUBBOCK "2 riNota�f Public, State of Texas Printed Name of Notary My commission expires: This instrument was acknowledged before me on f tb ', 2011, by TOM MARTIN on behalf of the City of Lubbock, a Texas Home Rule Cor oration on behalf of said Texas Home Rule Corporation- ELISA orporation ELISA SANCHEZ 4 Notary Public, Slate of Texas W M Comte Expires I i-07.2DI t Notary Public, State of Printed Name of Notary My commission expires: [ —0 7 —c)-0 I t STATE OF TEXAS § CO Y OF LUBBOCK § This inst nt was acknowledged before me on MARTIN, Mayor. Notary Public, Printed Name of Notary My commission expires: Scott -- Pipeline Easement Agreement 10 2011, by TOM Exhibits: "A" - Centerline Metes and Bounds Description of Pipeline System "B" - Survey Plat(s) of Centerline of Pipeline System "C" - Location of Surface Pipeline Equipment ``D" Pipeline Right -Of -'Way Safety Guidelines "E" - Gate Construction Detail and Specifications Scott -- Pipeline Easement Agreement 11 Exhibit A Metes and Bounds Description of the Perpetual Exclusive Easement and The Temporary Easement EXWIBrT "A" Resolution No. 2011-80059 PARCEL NO. 64 GREGORY DON SCOTT Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in the East 140 acre of the Southeast Quarter of Section 28, Block 24, Lubbock County, Texas and said pipeline centerline being described as follows: Beginning at a '/x" iron rod with cap, set in the West line of a County Road as recorded in Volume 188, Page 146, Deed Records, Lubbock County, Texas, for the beginning of this description, from whence a '/h" pipe found for the Southeast corner of said Section 28, Block 24, bears South 881,32'26" East, a distance of 40.00 feet and South 1041'56" West, a distance of 25.07 feet, said point of beginning having a.project coordinate of Y = 7210058.24 and X = 994104.51; Thence along the arc of a curve to the right and being along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, an arc distance of 72.21 feet to a point for the end' of this curve, said curve having a radius of 575.00 feet and delta angle of 7011'43"; Thence North 38027'58" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 3341.18 feet to a 'h" iron rod with cap, set in the North line of the Southeast Quarter of said Section 28, Block 24, for the end of this description, whence a V4" pipe found for the Northwest corner of said East 140 acre of the Southeast Quarter of Section 28, Block 24, bears North 8835'57" West, a distance of 66.36 feet. Containing 206.86 rods. (4.70 acres) The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the accompanying survey plat and said temporary construction easement contains 4.54 acres of land. The said temporary construction easement shall expire as noted in the easement agreement. Notes: 1. A survey plat of even survey date herewith accompanies this legal description. 2. Surveyed on the ground March -May, 2009, 3. Bearings shown are grid bearings based on the Texas State Plane Coordinate System, Texas North Central Zone, Nad83 Datum. 4. All distance shown are surface distances. 5. Surface adjustment factor for entire project is 1.0002396 We is ere P ofessional Land Surveyor 9 r%••••OP�l+NY4LCLCOOPf•f••.� 4ARi;'5-kI6L90N Date: • oonrrc w•e••f�•••c • HIGH-TECH LAND AND GPS &URVEYORS, INC. 3330 70th st,, Suite 202 • Lubbock, Texas 79413 (806) 788-0020 • Fax (806) 792-1646 Exhibit B Survey Plat(s) of Centerline and Description of that portion of the Pipeline System Requiring the Easement and Temporary Easement I'D. Y,"I PIPE g C416 Fll- 0a CN w (V w FD. 21, DRILL STEM I I f 05t o) do Of XUS' $ed -5A\ f Z Gpi aee4o ®A dpi P9 ,ire Cir d ,i I i Resolution leo- 2011-R0059 EXHIBIT " B' C.W. Kohllch Vol. 975 Pg. 443 66.36' N 88* 35'57" W 2311.3' Gregory Don Scott �P&0'20Gt6028595 206,86 Rads -Permanent Esmt. \ ; r470 Ac. -Per nt mtJ o; 60+ Permanent LA Easement m: &Y Temporary DEED Const-Esmt, o. E. 1 4 0 AG. �,+�\4.54 AC. o• 5EGt I ON 26, bL OGK 24\0 LU600GK GOUNTY, TEXAS R- 5754V \� L- 72.21' \� DELTA- 7-1r4X Fp. 1-114" PIPES b 680 32'26" 2 • - Set I/Z" Rod With Cap A legal description of even survey date herewith accompanies this survey plot. _ Sur d on the graun h Ma , 2009 + .°*', s7h.° •• Mme.+.+...:. , GAR.d L WiLWN Register r essional Lan 4 d Surveyor •.000c^ocse.+.•+..: :� =,'app gyp°;. � :.• Date.. _ .r L► y3`� All Northings and E©stings shown are project coordinot65 . and may be converted to Texas State Plane Coordinates, North Central Zane, NAD83 by dividing by a surface adjustment factor of 1.0002396 00' REVISION: SCALE: 1'!)B. All distances shown are surface distances. CLI!ENT. SMITH & DRAWN BURROW Bearings shown are grid bearings based on the Texas SURVEYEYr J.M. MARTIN State Plane Coordinate System, North Central Zone, FILE= PAR64.d NAD83 Datum, n F 40,00'--, r 36 0 V Ronald C. SchllllnS 3 Vol.876 Pg.633 D V) P.O.B. Y- 721D058.24 x-994104, 51 X27 FD.%z" PIPE 37 N W * E S PLAT DATE: 5-20-0'. ER - CITY OF LUBBOCK SURVEY DATE: 3-5,2009 ECKED BY: G. WILSON 0. 35,760 1 SHEET t OF 2 This survey and ollinforrnation hereon is for the exclusive use of may,-si� ` ` Y CITY OF LUBBOCK WWWA L ■ %ft4KW and sholl not be copied or used except for the purpose for which 33M 7pM+ ST- SOU 201 - LUpp e, TX 74113 it is expressly furnished this drawing and all copies (parflolor fsD6) lda -DWO . TMI CMZ) 742.161! Complete? shallbe returned to the owner upon demand. Exhibit C Location of Surface Pipeline Equipment 20 -1 5 No Text Resolution No. 2011—R0059 Exhibit D PIPELINE EASEMENT SAFETY GUIDELINES So long as the Easement is in effect, Grantee personnel shall comply with the following safety and security regulations for the pipeline Easement (the "Easement"), as well as applicable laws and regulations: 1. Except during construction, operation, inspection, or maintenance of the Easement, Driving on the Easement is limited to use of currently established roadways, if any. 2. Permission on the Easement does not preclude the need to make a one -call to notify third - party pipeline owners of planned work. 3. Smoking outside vehicles within the Easement or lands or premises is prohibited. 4. No firearms, drugs, alcohol or cameras are permitted in the Easement. 6. Pedestrians and non -motorized traffic has right-of-way over motorized traffic 7. The maximum speed limit is twenty (20) miles per hour; however, much slower speeds are necessary in congested areas. 8. Use horn for safety at blind corners and when passing. 9. Use established hand signals or turn indicators 10 Observe all signs including pipeline markers. 11. Come to complete stop on entering or leaving the Easement gates. 12. All persons entering the Easement must be fully clothed. 13. Grantee and personnel of Grantee are granted the right to temporarily use Grantor's property directly located outside of the Easement for such reasons as: a) avoidance of machinery, construction or equipment located on the Lasement; anti b) detouring around natural impediments such as rocks, trees or existing fences or structures; and C) repair, removal or maintenance of equipment or vehicles stranded on the Easement. 14. No debris or trash shall be discarded on the Easement. Exhibit E Gate Construction Detail and Specifications 6'•x9•-6" scH Resolution No. 2011-R0059 40 PIPE W/%.'• II IOf' PLA.';E �—. f --. - --' --- i :" Sc 10 Pii CON( 2` SCH_ 40 PIPE NUIL: ALL CONNECTIONS ARE WELDED ALL AROUND. GATE DETAIL SCALE: w I -g^ SCH. T - SHAPE POST e W/y.,• i 6'-6" LONG (1.33 +/FT.) ATE W/ANCHOR PLATE I TAIL "A" IEET 4'x4' MESH WELD 19" DIA. CONCRETE 8'-0" 6 x9'-fi" SCC, 44G PIPE W/A" TOP PLATE "SEE NOTE 5 SEE DETAIL "C' TYPIC GATE SUPPORT D T L SCALE: 1/2" -i' -o' SINGLE SWING GATE SECTION NQT€S FCR FENICgs„A�y❑ .47F4; I. GATES TO BE INSTALLED AT ALL FENCE CROSSINGS, UNLESS OTHERWISE DIRECTED BY THE OWNER. 2. ALL STEEL GATES, POSTS, CROSS BRACES, ETC., SHALL BE PAINTED BLUE, 3. PROVIDE 1” LINK GNAW ARGUND GATE AND WELD TO SZJPPORT POST_ PROWOE UNE HEAVY DUTY LOCK PER GATE KEYED PER OWNER'S L0CKS 4. CONTRACTOR SHALL VERIFY EXACT LOCATION OF ALL GATES WITH OWNER PRIOR TO CONSTRUCIJON. 5. BARBED WIRE SHALL BE 12A GA, GALVANIZED BARBEDWIRE. MINIMUM 5 STRAND FENCE OR AS PER EXISnNG FENCE, WHICIiEVEp IS GREATER. WHERE EXISTING FENCE HAS PANEL FABRIC, INSTALL 39" PANEL FABRIC WITH 3 STRAND BARBED WWTRE„ 47' PANEL FABRIC WITH 1 STRAND BARBED WIRE MIHIMum OR AS PER EXISTING, WHICHEVER IS GREATER. 6, CONTRACTOR SHALL INSTALL EXTERIOR FENCE SUPPORTS AND CONNECT TO EXISTING FEND. PRIOR TO CUTTING EXISTING FFNCF 7, DIMENSIONS SHOWN ARE FOR FENCES CROSSING AT PERPENDICULAR ANGLE TQ PIPELINE. WHERE FENCE CROSSES PIPELINE AT SKEWED ANGLE, DIMENSIONS SHALL BE INCREASED ACCORDINGLY. 173z H � hY iD L3 4'x4' MESH WELD 19" DIA. TO GATE FRAME HOLE (TYP,) I' LONG ON 6' C/C