HomeMy WebLinkAboutResolution - 2011-R0246 - Easement - David And Rodney Bednarz - 06/09/2011Resolution No. 2011—RO246
.Tune 9, 2011
Item No. 5.8
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an Easement in connection with certain
properties in Lubbock County, Texas, owned by David Bednarz and Rodney Bednarz,
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 .Tune 9, 2011
.ATTEST:
A &._� & -
Rebev.(-4 Garza, City Secret
APPROVED AS TO CONTENT:
Marsha Reed, P.E., Chief Operation Officer
Dave Booher, Right -of -Way Agent
OVED AS TO FORM:
�
TOM MARTIN, MAYOR
ity Attorney
.Easement -David Bednarz and Rodney Bednarz
20, 2011
f =TURN: WEST F - TITLE COMPANY
FILE NO.
Contract: 10242
Resolution No. 2011—RO246
EASEMENT AGREEMENT
111111111111 EASE 2011023201
STATE OF TEXAS § 11 acs
§ KNOW ALL MEN THESE PRESENTS, THAT:
COUNTY OF LUBBOCK § P8.B
RODNEY BEDNARZ and DAVID BEDNARZ*c/o Rodney Bednarz whose address is
3533 154`h Street, Lubbock, TX 79423 (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 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 an
easement, servitude and right-of-way through, over, under, upon, and across the land identified
in Exhibit "A" (hereinafter called the "Land" ) situated in Lubbock County, Texas.
j **both married men, not joined herein by our spouses for the property herein conve�ed
h ,s neve beeii usedd, c aimed, or occupied as any portion of our respective homes eads
Pipeines anc 1Equlpment
Grantor hereby grants to Grantee an Easement to survey, construct, reconstruct, install,
operate, inspect, maintain, alter, relocate, replace, repair, and remove within the boundary of the
herein described Easement (hereinafter called "Permitted Uses"), pipelines, conduits, drain
(blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion
monitoring test stations, pipeline markers, fence gates, impressed current deep well anode
stations with power supplies, flow meters, system communication lines and splice boxes,
pipeline trail road on non cultivated areas, and equipment and facilities related thereto
(hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of
water through, under, upon, over, and across the Land. Such Easement shall be fifty-five (55)
feet in width, as described in Exhibit "B" as attached hereto (herein referred to as the
"Easement" or Easement Land").
Terms and Conditions
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; 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
with all applicable local, state and federal laws, orders, rules, regulations, standards,
licensing, permitting and other legal requirements including, without limitation, all
HEDNARZ EASEMENT —Parcel 1020 1
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environmental laws, orders, rules, regulations, standards, licensing and permitting (the
"Legal Requirements"). Grantee agrees to construct the Pipeline System, in compliance
with all Legal Requirements, and with due care for Grantor's property, business, and
agricultural operations on the Land and Grantor's adjacent property, if any.
3. if Grantee should abandon the Pipeline System, then this Easement and
the rights herein granted shall automatically terminate and revert to, and become property
of, Grantor, its successors and assigns. Abandonment shall be irrebuttably presumed
upon the adoption of a formal resolution of Grantee's governing body that authorizes the
abandonment of the Pipeline System.
4. The "Easement Term" is hereby defined as the period of time beginning
with the granting of the Easement and continuing until such time that the Easement is
abandoned by Grantee.
5. Grantee shall at all times during the Easement Term, at Grantee's sole cost
and expense, keep and maintain the Pipeline System in good order, condition, and repair
(ordinary wear and tear excepted), and in such condition as may be required by
applicable engineering and legal standards.
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. All fences, drainage systems, irrigation systems, or other improvements
damaged or disturbed by Grantee, or its contractors, shall be promptly repaired or
replaced by Grantee with professional care and according to industry practices. Within
the Easement, Grantee shall have the right to cut fences and install gates to enable
Permitted Uses for the Pipeline System.
8. The Pipeline System shall be so located or shall be buried at a depth of at
least sixty (60) inches below the surface of the ground. All ditches dug for such purposes
shall be double cut with subsurface soil first returned into the ditch over the pipeline and
then top soil replaced above the base soil. Any rocks brought to the surface shall be
placed back in the ditch at a depth of not less than forty (40) inches from the surface of
the ground or removed from the Land. Grantee shall compact the soils in the pipeline
ditch sufficiently to prevent sinking and settling, and restore the contour of the Land to its
original condition as nearly as possible.
9. This grant of Easement shall not preclude the right of Grantor to cultivate,
use, and enjoy the Easement Land for any purpose; provided, however, Grantor agrees
BEDNARZ EASEMENT —Parcel 1020 2
MOD 171823 v.l
not to construct any buildings, structures or reservoirs upon the Easement, without first
obtaining written permission from Grantee.
10. The grant of Easement herein contained is subject to all valid and
subsisting easements, leases including oil, gas and mineral leases and wind energy leases,
and rights-of-way of record affecting the Land.
11. Abstracts or certificates of title or title insurance may be procured by the
Grantee at its expense. The expense of recording this Easement shall be borne by
Grantee. Grantor agrees to reasonably cooperate and aid Grantee, if necessary, to obtain
any curative documents needed.
12. If Grantee, in its sole discretion, determines that the Easement conveyed to
Grantee and described herein should be acquired by judicial procedure, either to procure
a safe title or for any other reason, then Grantor and Grantee hereby stipulate that the
ultimate award to the Grantor for the Easement granted to Grantee and described herein,
shall be the same as the consideration hereinafter stated in Paragraph No. 13. Grantee
agrees to reimburse Grantor for any expenses (including reasonable attorney fees)
incurred by Grantor, if any, as a result of such judicial procedure.
13. As consideration for the grant of this Easement, Grantee agrees to pay
Grantor the sum of One Thousand and No/100 Dollars ($1,000.00). It is agreed that
should Grantor own an interest in the Easement Land that is less than the entire fee
simple estate, then the consideration to be paid shall be reduced proportionately.
14. Upon completion of construction, Grantee shall (i) remove all rock,
gravel, caliche, or other materials foreign to the natural condition of the Land that may be
brought to the surface or placed on the Land by Grantee; (ii) level and fill with top soil all
holes, ruts, or other surface disturbances in such a manner as to restore same to the
natural contour of the surrounding property; (iii) clean the area to the end that all objects,
materials, and structures foreign to the natural condition of the Land are removed and
eliminated; (iv) in the event any of surface disturbance on grassland, Grantee shall plant a
seed mix of grass and forbes in the area of such disturbance and re-establish grass cover;
and (v) otherwise restore the surface of any portion of the Land that may be disturbed by
Grantee's activities to its original condition as nearly as reasonably possible.
15. After completion of construction, no vehicular traffic shall be allowed on
the Land outside of the boundary of the Easement, except as may be reasonably required
in cases of emergency.
16. Grantee, at its sole cost and expense, shall repair or replace in good and
workmanlike manner any underground lines or other improvements of any kind that it
may damage during construction, maintenance, or removal of its pipelines. On cultivated
land, when crops are planted, Grantee shall repair or replace within twenty-four (24)
hours any water lines, or other lines necessary to the operation of Grantor's irrigation
BEDNARZ EASEMENT — Parcel 1020 3
NOD 171823 v.1
systems, that may be cut or damaged by Grantee during construction, maintenance, or
operations of its pipelines.
17. Grantee agrees that no above ground equipment and/or facilities related to
the Pipeline System shall be installed, constructed, or otherwise located on Easement
Land.
18. "Grantee" when used in this instrument, shall include The City of
Lubbock's officers, agents, servants, employees, representatives, contractors,
independent contractors, subcontractors, invitees, and/or their equipment or vehicles.
19. 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.
2.0. 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.
21. TO THE FULLEST EXTENT PERMITTED BY LAW, GRANTEE
HEREBY RELEASES GRANTOR, AND ASSUMES ALL LIABILITY FOR 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. SUCH OBLIGATION
TO HOLD HARMLESS AND DEFEND SHALL, WITHOUT LIMITATION,
COVER BODILY INJURY, DEATH, DAMAGE TO PROPERTY OR NATURAL
RESOURCES, AND COMPLIANCE WITH ANY GOVERNMENTAL RULE,
REGULATION, ORDER, DIRECTIVE, OR DEMAND REGARDING THE
TESTING FOR, MONITORING, CLEAN UP, REMEDIATION, OR REMOVAL
OF ANY CONTAMINANTS, POLLUTANTS, HAZARDOUS MATERIALS, OR
OTHER TOXIC SUBSTANCES. NOTHING IN THIS PARAGRAPH OR IN THE
EASEMENT AGREEMENT SHALL BE CONSTRUED AS A WAIVER OF ANY
DEFENSES WHATSOEVER THAT GRANTEE (THE CITY OF LUBBOCK)
MAY HAVE UNDER ANY LAW, INCLUDING BUT NOT LIMITED TO ANY
DEFENSES OR LIMITATIONS CONTAINED IN THE TEXAS TORT CLAIMS
ACT OR ITS SUCCESSOR PROVISIONS. GRANTEE RESERVES ALL
DEFENSES AND LIMITATIONS TO WHICH IT IS ENTITLED UNDER ANY
AND ALL APPLICABLE LAWS.
BEDNARZ EASEMENT — Parcel 1020 4
DocID 171823 v.l
22. It is understood and agreed that this Easement is not a conveyance of the
fee estate for any of the Land covered hereunder, but is only an easement through, over,
under, upon, and across the herein described Land.
23. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
24. 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 the within subject matter shall be effective, This Easement may be
modified in writing only, signed by the parties in interest at the time of the modification.
25. In case any one or more of the provisions contained in this Easement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provisions hereof, and
this Easement shall be construed as if such invalid, illegal or unenforceable provisions
had never been contained herein.
26. 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.
27. Grantor will not construct any facilities or perform any activities within
the Easement that may violate federal and state regulations regarding the protection of
drinking water supplies and facilities that convey such water. However, this restriction
shall not preclude Grantor, or its successors and assigns, from applying on and/or around
the Easement Land such fertilizers, herbicides, pesticides, or other chemicals approved by
the United States Environmental Protection Agency. Grantor and Grantee hereby give
notice to any subsequent mineral, water, wind or energy lessee or grantee of any interest
overlying or underlying the Easement, that Grantee will be operating the Pipeline System
within the Easement boundary in accordance with the Permitted Uses as defined herein.
To the extent that Grantor owns any mineral and/or royalty interest in and under the
Easement, Grantor waives and surrenders its rights to use the surface of the Easement for
the exploration and development of the mineral estate and/or the construction of surface
facilities related to the development of wind energy generation or production.
29. Grantee shall have the right to approve the location and means of future
third -party pipelines which will cross Grantee's pipeline system. Grantee will not
withhold reasonable crossing requests, but will act in a manner to protect Grantee's
pipeline system.
TO HAVE AND TO HOLD said Easement unto Grantee, its successors and
assigns for so long as the same shall be used for the purposes aforesaid subject to the
terms and conditions hereof
BEDNARZ EASEMENT -- Parcel 1020 5
DoclD 171823 v.l
EXECUTED this 8"' day of June, 2411 ("Effective Date")
APPROVED AS TO CONTENT:
(Kqjn-L� n Q j
Marsha Reed
Chief Operations Officer
# #,u
Attorney
GRANTOR:
RODNV BEDNARZ
DAVID BEDNARZ
GRANTEE:
By: C'
TONf MARTIN, Mayor
"�'��•- isle A-�
BEDNARZ EASEMENT - Parcel 1020 6
Doc1D 171823 v.1
0
AT3'E :
Rebtcca Garza, City Sec ary
{Acknowledgements}
STATE OF TEXAS
COUNTY OF LUBBOCK ��yy
This instrument was acknowledged before me on the —day of June, 2011, by
RODNEY BEDNARZ.
Notary's Seal, Printed Name,
and Expiration of Commission:
CHARLOTTE CUMMINGS
Norm PM, 9" of TOM
Mky C nm� tl 9x Q1�1W13
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the day of June, 2011, by
DAVID BEDNARZ.
Notary's Seal, Printed Name,
and Expiration of Commission:
CHARL07'E CUMMINGS
Pubbc, Slate d Taxes
My GoMm Expires 04.10r2013
BEDNARZ EASEMENT — Parcel 1020 7
DoclD 171823 v.1
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me
MARTIN, as Mayor of THE CITY OF LUBBOCK, a
of said corporation.
Notary's Seal, Printed Name,
and Expiration of Commission:
r Vf,�4 ELISA SANCHEZ
Notary Public, State a4 Sem
" x My Commission Eypres 11-07 2011
BEDNARZ EASEMENT —Parcel 1020
Doc117 171823 v.1
44?
on the _ day of June, 2011, by TOM
Texas Home Rule Corporation, on behalf
Notary Public, State of T s
Resolution No. 2011—RO246
EXHIBIT "A"
PLAT OF GRANTOR PROPERTY
]'-SQ6'
Lake Alan Henry Treated Water Lme Eam mans
Pwrel No. 1020
SURVEY OF A 03545 ACRE TRACT' LOCATED IN
68 BLOCK S
LUBBOCK COUNTY, TEXAS
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REDNARZ EASEMENT — Parcel 1020
DoclD 171823 v,1
6
Resolution No. 2.011-RO246
EXHIBIT "B"
METES AND BOUNDS DESCRIPTION OF EASEMENT
Lake Alan Henry Treated Water Line Easement
Parcel No. 1020
PERAIETER SURVEY OF A 0.3545 ACRE TRACT LOCATED 1N
SECTION 68, BLOCK S
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.3545 acre tract of land located in Section 68, Block S,
Lubbock County, Texas, being further described as follows_
BEGINNING at a 1/2" iron rod with sap set in the North line of Section 68 for the Northwest comer of this
tract wbich bears S. 88'48'56" E. a distance of 2359.09 feet from the Northwest comer of Section 68, Block
5, Lubbock County, Texas-,
THENCE S_ 88°4956" E., along the North lire of said Section 68, a distance of 2E0.82 feet to a 1/2" iron
rod with cap set for the Northeast corner of this tract, from whence a 1-114" iron pipe boars N. 01 a 10'30" E.
3.74 feet;
THENCE S. 01'1930"W. a distance of 55.00 feet to a 112° iron rod with cap set for the Southeast corner of
this tract;.
THENCE N. 88°48'56° W. a distance of 290.74 feet to a 1/2" iron rod with rap set for the Southwest comer
of this tract
THENCE N. 0i°0541 " E. a distance of 55.00 feet to the Point of Beginning.
Bearings are relative to the Texas Coordinate System of 1983, CORS 96, Epoch 2002.0
Surveyed on the ground.
June 23, 2009
Robert A. Christopher
Regislered Professional Land Surveyor No_ 5167
Licenser! State Land Surveyor
Stare of Texas
}
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BEDNARZ EASEMENT – Parcel 1020 10
DocID 171823 v.1