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HomeMy WebLinkAboutResolution - 2011-R0113 - Easement - Grimes Land Co. LTD - 03/22/2011Resolution No. 2011--80113 March 22, 2011 Item No. 5.4 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 Grimes Land Co., Ltd., Co., a New Mexico Limited Liability Company, 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 ATTEST: gp Rebec a Garza, City Secret APPROVED AS TO CONTENT: March 22. 2011 Marsha Reed, P.E., Chief Operation Officer ZLZe'1�7— Dave Booher, Right -of -Way Agent APPROVED AS TO FO TOM MARTIN, MAYOR City Attorney ocs/RES.Easement-Grimes Land Co 4, 201 I STATE OF TEXAS § COUNTY OF LUBBOCK § Contract: 10094 Resolution No. 2011-RO113 EASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT: Grimes Land Co., Ltd., Co., a New Mexico Limited Liability Company, whose mailing address is 1400 West Bender Street, Hobbs, New Mexico 88240, hereinafter referred to as "Grantor", for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13th Street, Lubbock, Texas 79441, 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 Agreement") through, over, under, upon, across and within the following described lands, described in Exhibits A and B (hereinafter called the "Lands" or "Easement Lands") situated in Lubbock County, Texas: Piuelines 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 -of) 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. However, it is agreed by Grantor and Grantee that no fencing shall be placed on the Lands save and except temporary fencing required during construction, maintenance and/or repair. 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 ("Permanent Easement"). Further, Grantor hereby grants unto Grantee a temporary construction easement (the "Temporary Easement") for the construction and installation of the Pipeline System located adjacent to, and abutting, the Easement Area which Temporary Easement is more specifically described in Exhibit B attached hereto and incorporated herein, and hereby made a part hereof by reference, The Temporary Easement shall terminate and expire upon the completion of all construction activities related to that portion of the Pipeline System situated within the Easement Area. 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 Permanent Easement and Temporary 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 Pipeline Easement Agreement and regress to and from and access on and along said Permanent Easement and Temporary Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Permanent Easement and Temporary Easement, for the Permitted Uses; and (c) the right to locate the Pipeline System through, over, under, upon, across and within the Permanent Easement and Temporary 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 Permanent Easement and Temporary 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 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 Permanent Easement or Temporary 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 Permanent Easement, Temporary Easement and Pipeline System and all other installed assets on the Grantor's lands. 3. It is acknowledged by Grantor and Grantee that this Permanent Easement and Temporary Easement shall not be dependent on the Labe Alan Henry Pipeline Project and shall not be dependent upon Grantee receiving water through the Pipeline System from Lake Alan Henry. The Permanent Easement and Temporary 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 Iocated. 4. The Easement Term is hereby defined as the period of time beginning with the granting of the Permanent Easement and. Temporary Easement and continuing until such time that the Permanent 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 Pipeline Easement Agreement 2 the Permanent Easement and Temporary Easement shall be removed by Grantee from Grantor's property and disposed of properly. 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 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 Permanent 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 Permanent Easement and Temporary 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 Permanent 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 Permanent Easement and Temporary 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 Agreement. 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 Permanent Easement and Temporary 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 Permanent Easement and Temporary Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's property. However, the right reserved by Grantor as to the Permanent Easement shall not include the right to erect any buildings, reservoirs, structures, or other improvements on the Permanent 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, Pipeline Easement Agreement 3 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 PERmANENTEASEMENT OR TEMPORARY 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. THIS SHALL ALSO INCLUDE ANY DAMAGES TO FUTURE IMPROVEMENTS WITHIN THE EASEMENT. 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. 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 Permanent Easement as provided in 3, the title and interest herein granted shall end, cease, and terminate, and title to the Permanent Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. 12. The grant of Permanent Easement and Temporary Easement herein contained is subject to all valid and subsisting easements, Ieases 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 Permanent Easement and Temporary 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 Agreement shall be borne by Grantee. Grantor agrees to cooperate and aid Grantee, if necessary, to obtain any curative documents needed. Pipeline Easement Agreement 4 15. If Grantee or Grantor determines that the Permanent Easement and Temporary 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 Permanent Easement and Temporary 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 Permanent Easement and Temporary 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 Permanent Easement and Temporary 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 Seventeen Thousand Six Hundred Thirteen Dollars ($17,613.00). 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. 14. 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 LUvffATION 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 PERMANENT EASEMENT AND TEMPORARY EASEMENT AFTER THE EFFECTIVE DATE OF THIS EASEMENT 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. Pipeline Easement Agreement C. A DISPUTE RELATED TO CLAIMS FOR DAMAGES ACCRUING UNDER THE TERMS HEREOF SHALL NOT BE CAUSE FOR THE TERMINATION OF THE EASEMENT AGREEMENT 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. 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 REMAD41NG PORTIONS OF THE GRANTOR'S ADJACENT PROPERTY, 21. It is understood and agreed that this Easement Agreement 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 Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. Pipeline Easement Agreement 6 23. Subject to the limitations set forth in this paragraph, Grantor shall have the right to construct and maintain improvements upon the Easement, providers however, (A) no buildings or reservoirs may be constructed upon the Easement Area, (B) improvements may not parallel the Pipeline within the Easement Area, (C) all power lines, pipelines, and telephone and other telecommunication lines must cross the Easement at no less than a 450 (forty-five degree) angle, and (D) underground power lines and any metallic pipelines must have a minimum separation of two feet (2') from the Pipeline and must meet industry standards in order not to adversely affect or damage the Pipeline. In the event that Grantor determines to construct (or grant the right to any third party to construct) improvements within the Easement that are not addressed above, Grantor shall provide not less than thirty (30) days prior written notice to Grantee during which time Grantee may have the proposed improvements analyzed by its outside engineers. If during such thirty (30) day period Grantee provides to Grantor a detailed analysis of why the proposed improvements will adversely affect the Pipeline System, Grantor shall not construct such improvements until such time as Grantor and Grantee's engineers agree upon a methodology for the construction of such improvements that will not adversely affect the Pipeline System, such agreement not to be unreasonably withheld by either Grantor or Grantee. Grantee and Grantor will at all times use their good faith efforts to accommodate the needs and activities of one another. 24. It is acknowledged by the Grantor and Grantee that attached hereto as Exhibit C is an approximate location of the all improvements known by Grantee which shall be installed above plow depth on the Lands ("Above Ground Improvements"). Should Grantee install any further improvements above plow depth, Grantee shall do so in such a manner as to avoid unreasonable interference with Grantee's activities on the Lands. 25. This Easement Agreement 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 Agreement may be modified in writing only, signed by the parties in interest at the time of the modification. 26. In case any one or more of the provisions contained in this Easement Agreement 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. 27. 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 7 28. Neither parry 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 parry. 29. 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 Permanent Easement, Temporary 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 Permanent 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 Permanent Easement and Temporary 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 Permanent Easement or Temporary 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 Permanent Easement, Temporary 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 Permanent Easement, Temporary 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. 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 Pipeline Easement Agreement 8 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. [ Signatures of the Parties on Next Page ] Pipeline Easement Agreement 9 EXECUTED this kday of , 2011 ("Effective Date"). GRANTOR: Grimes Land Co., Ltd., Co., a New Mexico Limited Liability Company ert, Manager GRANTEE: The City of Lubbock Name: TOM MARTIN Title: Mayor ATTEST: Rebe&a Garza, City Secret [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT. ,�� r,� Marsha Reed, P.E. Chief Operations Officer APPROVED AS/JO FORM: Terms Gr Attorney Pipeline Easement Agreement 10 STATE OF NEW MEXICO § COUNTY OF LEA § r This instrument was acknowledged before me on 1 ��i(, 2011, by Gary M. Schubert, Manager, on behalf of Grimes Land Co., Ltd., Co., a New Mexico Limited Liability Company. ftbam walraorr WrM= STATE OF TEXAS COUNTY OF LUBBOCK ��n C,` N ary Public, State Vo�fT=am-- e. I(1 `M,,P- C) d ► rz z ft —T`�j` 1c/ � Printed Name of Notary My commission expires: -•wly 1 lo, '�)"G 3 This instrument was acknowledged before me on ft(* god. , 2011, by TOM MARTIN on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. =(agotarV SANCHEZ lic,State of Texason Ezp+res 11.01.2011 Notary Public, State o 1 e'VS (a iSw_ S a -,_'G e --L Printed Name of Notary �{ My commission expires; Exhibits: "A" - Survey and Legal Description of the Perpetual Exclusive Easement "B" Survey and Legal Description of the Temporary Easement "C'° Initial Above Ground Improvements Pipeline Easement Agreement 11 ---�Z M) 12.4 Acres Ow : Orkney Land Company,LTD CCFN 1008030716 Addreu: PO Box 6056 xoW NM 88240 Z .ra-,�4,e..+.Qrw �s.At—v 9'fl. [e. mamn�..erd wt,CA+I1 xaecrwr ava�r �ao.�,o�r Sectio6, Block S Avlflyw -AMS u+.-xa� rear po,rn,ra,.,.,. Section 5, M.k S Lake Alan Henry Treated Water Line Easement Parcel No. 2014 PERIMETER SURVEY OF A 1.322 ACRE TRACT LOCATED IN SECTION 4, BLOCK S LUBBOCK COUNTY, TEXAS N SCALE: V-300' No,j Becdeg Diamce 1 N01007'05"E 1516.20' 2 S71 °44' 15" E 421.23' 3 S0i°07'31"W 31.39' 4 N71044'15"W 1 327.10' 5 N88°53'39"W 59.94- 6 501007'05"W 1457.05' 7 N88052'21"W 30.00' NOTES: HEAVY LINES INDICATE PLAT LIMITS. 0 - FOUND 1/2" IRON PIPE ® - FOUND 112" IRON ROD WITH CAP D - SET 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Bearings are relative to the Texas Coordinate System of 1983, CORS 96, Epoch 2002.0 Surveyed on the ground. May 28, 2010 Revised August 24, 2010 to correct bearing call along South line of Section 4, Revised August 24, 2010 to remove Tract 2. XRobcrt. Christopher Registered Professional Land Surveyor No, 5167 Licensed State Land Surveyor State of Texas _- w A�? d n O pit C Cri c' cD Cil w CD zt, Pd rD U) O F- r - rt Grt F -h 0 1 of 2 0 �4- O P,9'Ee9, � �tNC. o cria- EIS i M AVS N LUBBOCK(Ion 79401 1 PI-ID� a (ADO 783-0542 PAX i T00 �1d0{ 70 Copyright 2010, Hello Ae ed and Anociatn, ]ne. for the Sole= of Tldc Ca. — @er OF N and eery odxr tdentirtera as indicatal in the catiircale s+v hoo htrwn. W Exhibit A Legal Description of the Perpetual Exclusive Easement Lake Alan Henry Treated Water Line Easement Parcel No. 2014 PERIMETER SURVEY OF A 1.322 ACRE TRACT LOCATEDIN SECTION 41, BLOCK S LUBBOCK COUN'T'Y, TEXAS Resolution No. 2011-RO113 Tract 1 METES AND BOUNDS DESCREMON of a 1.332 acre tract of land located in Section 4, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron pipe found at the Southwest corner of this tract, same being the Southwest comer of Section 4, Block S, Lubbock County, Texas; THENCE N. Ol -07'05" E., along the West line of Section 4, a distance of 1516.20 feet to a 1/2" iron rod with cap set in the South line of a 35 foot highway reservation as described in Volume 560, Page 142 of the Deed Records of Lubbock County, Texas for the Northwest corner of this tract; THENCE S. 71°44'15" E., along said South highway reservation line, a distance of 421.23 feet to a 112" iron rod with cap found in the South right-of-way line of U. S. Highway No. 84 as granted by plat recorded under County Clerk File No. 2006032400 of the Official Property Records of Lubbock County, Texas, at the Northwest comer of Tract A, Cougar Cleaning Addition to the City of Lubbock, Lubbock County, Texas according to the snap, plat and/or dedication deed thereof recorded under County Clerk File No. 2006032400 of the Official Property Records of Lubbock County, Texas and the Northeast corner of this tract; THENCE S. 01°OT3I" W_, along the West line of said Tract A, a distance of 31.39 feet to a 1/2" iron rod with cap set for a comer of this tract; THENCE N. 71644' l5" W. a distance of 327.10 feet to a 112" iron rod with cap set for a corner of this tract; THENCE N_ 88653'39" W. a distance of 59.94 feet to a 1/2" iron rod with cap set for a comer of this tract; THENCE S. 016OT05" W_ a distance of 1457.05 feet to a 1/2" iron rod with cap found in the South line of Section 4 at the most Southerly Southeast corner of this tract; THENCE N. 88652'21" W., along the South line of said Section 4, a distance of 30.00 feet to the Point of Beginning. A plat of survey of even survey date herewith accompanies this legal description. Surveyed on the ground. August 11, 2010 Revised August 24, 2010 to correct bearing call along South line of Section 4. Robert A. Clnistopber f Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas OFj x5167 Sheet 2 of 2 H—GO AND ASSQCIATM. INC. Capyr l 2010, rhe Reed a"d Afsotietel, Imo. Ru she "Ic use of TW Ca - for GF N and my ad= ide"tirmsa m indicmted in the oniffttle shown Mrmm _- �h V) 1 2 is 12.4 Acres Omter: GHmar Land Con,p any, LTD CCFN 10(18pl0716 Addrts PO Box 6OS6 Nnbbr NM 88740 �MFlrAWFA� /gL'b rblawr O`lgr C>s'ra�Rrtr�416.`f /r O [��./A'rlr /QDe�IG�6r LL��✓�r GAnr.Dwk wCk Sectio 6, 91ock S N �i tiftit .--j - _ Section 5, Mock S Lake Alan Henry Treated Water Line Easement Parcel No. 2014 PERIMETER SURVEY OF A 1.044 ACRE TRACT LOCATED fN SECTION 41 BLOCK S LUBBOCK COUNTY, TEXAS SCALE : "=300' No. Bearing I Distarm 1 N01°07'05"! 1457.05' 2 S88°53'39"E 59.94' 3 S71 -44'W Tj 327.10' 4 SM -0731"W 1 26.16' 5 N71e44'15"W 331.04' 6 1488°5359"W 3 1.18' 7 $01*07'05"W 1432.06' 8 N88°52'21"W 25.00' NOTES: HEAVY LINES INDICATE PLAT LIMITS, 0 -FOUND 1121' IRON PIPE ®- FOUND 1/2' IRON ROD WITH CAP 0 - SET 112"' IRON ROD WPl'H CAP A legal description of even survey date herewith accompanies this pkat of survey. Bearings are relative to the Texas Coordinate System of 1983, CORS 96, Epoch 2002.0 Surveyed on the ground. May 28, 2010 Revised August 24, 2010 to correct bearing call along South line of Section 4. Revised August 24, 2010 to remove Tract 2. /R,b�'A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State land Surveyor State of Teras AND Ass© A Sheet 1 of 2 ° Copp*at 2010, Hugo Rmd end Aexuiatex, tai for the sole use of Tide Co. for OF # god noy other identifiers as indicated 4n a. eenT=m shown hereon. Exhibit B Resolution No , 2011 - Legal Description of the Temporary Easement Lake Alan Henry Treated Water Line Easement Parcel No. 2014 pERIMETER SURVEY OF A 1.044 ACRE TRACT LOCATED IN SECTION 4, BLOCK S LU13BOCK COUNTY, 'TEXAS Tract 2 METES AND BOUNDS DESCRUMON of a 1.044 acre tract of land located in Section 4, Block S, Lubbock Caunty, Texas, being further described as follows; BEGINNING at a 112" iron rod with cap found in the South line of said Section 4 at the Southwest corner of this tract which bears S. 88052'21" E. a distance of 30.00 feet from the Southwest comer of Section 4, Block S, Lubbock. County, Texas; THENCE N. 01*07'05" E. a distance of 1457.05 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE S. 88°53'39" E. a distance of 59.94 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 71'44'15" E. a distance of 327.10 feet to a 1/2" iron rod with cap set in the West line of Tract A, Cougar Cleaning Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File No. 2006032400 of the Official Property Records of Lubbock County, Texas for the Northeast comer of this tract; THENCE S. 01°0T31" W., along the West line of said Tract A, a distance of 26.16 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 7144'15" W. a distance of 331.04 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 88°53'39° W. a distance of 31.18 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 01007'05" W_ a distance of 1432.06 feet to a 1/2" iron rod with cap set in the South line of said Section 4 for the most Southerly Southeast corner of this tract; THENCE N. 88°52'21 " W., along the South line of said Section 4, a distance of 25.00 feet to the Point of Beginning. Bearings are relative to the Texas Coordinate System of 1983, CORS 96, Epoch 2002.0 Tract numbers are for identification purposes only. Surveyed on the ground. August 11, 2010 Revised August 24, 2010 to correct bearing call along South line of Section 4. A�' Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Survey2r State of Texas FUGO AND ASSOCIATES. INC. CW)rd W 2010. 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