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HomeMy WebLinkAboutResolution - 2011-R0289 - Easement - Lance And Chad Inderman - 07/14/2011tesolution No. 2011-80289 July 14, 2011 Ctem No, 5.23 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 -xecute for and on behalf of the City of Lubbock, an Easement in connection with certain properties in Lubbock County, Texas, owned by Lance Inderman and Chad Inderman, 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 July 14, 2011 TOM MARTIN, MAYOR ATTEST: Rebec Garza, City Secretary APPROVED AS TO CONTENT: ma-'6JO- /,"a - Marsha Reed, P.E., Chief Oper tion Officer Dave Booher, Right -of -Way Agent APPROVED AS TO Attorney RES.Easement lnderman, Lance&Chad June 22, 2011 M 1 RETURN: 1 QE' T "EXA TLE COMPAN,, Contract. 10332 FILE NO. Resolution No. 2011-80289 EASEMENT ILII i111111111111111111111111111111111141111I IIIIIIIII EASE 2011031492 STATE OF TEXAS § is acs § KNOW ALL MEN BY THESE I -RESENTS, THAT: COUNTY OF LUBBOCK § Lance Inderman and Chad Indeman*'lerei�r collectively referred to as "Grantors", whose mailing address is 1405 N. University, Lubbock, Texas 79415, 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 —J�Easement") through, over, under, upon, across and within the lands described in Exhibit A G (hereinafter called the "Lands" or "Easement Lands") situated in Lubbock County, Texas: **neither of us joined by our respective spouses for the property herein conveyed has never been used, clayfed, or occupied as any portion of our respective homesteads Pipelines an u>< ment Grantors hereby grant to Grantee a perpetual exclusive Easement to install a treated water transmission line and to survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace, repair, and remove (hereinafter called "Permitted Uses") a pipeline, conduits, drain (blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, pipeline markers, system communication lines and splice boxes, areas, and all other equipment and facilities related thereto, or any part thereof (hereinafter called the "Pipeline System"), for and/or related to the transportation of treated 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. The Easement shall be 35 feet in width. 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 A 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. The temporary construction easement shall be 20 feet in width. This Easement is specifically made by Grantors 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 Pipeline Easement Agreement to locate the Pipeline System through, over, under, upon, across and within the Easement under the Lands 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 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 Grantors' property, business and operations. Grantors 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 Grantors of the record survey showing the Iocation of the Easement and Pipeline System and all other installed assets on the Grantors' lands. 3. 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. S. Unless Grantors agree 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, buried, or removed by Grantee from Grantors' property and disposed of properly. Grantee 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 Grantors' property. 6. Grantee shall at all times during the Easement "Perm, 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 Pipeline Easement Agreement 2 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 Grantors with a copy of Grantee's environmental permit(s), if applicable, and notify Grantors of any proposed changes to said permit(s). S. Grantee shall at all times provide reasonable access to Grantors' 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 Grantors' 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 Grantors 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 the Pipeline System. However, the right reserved by Grantors as to the perpetual Easement shall not include the right to erect any buildings or reservoirs within the perpetual Easement without the advance written permission of Grantee. Such permission shall not be unreasonably withheld by Grantee. Grantors specifically reserve the right to erect driveways, fences, sidewalks/walking paths, mailboxes, and entry gates within the Easement that do not damage the Pipeline System. If Grantee damages or disturbs any structure or improvement allowed by this paragraph, or damages any structure for which Grantee has granted advance written permission, Grantee shall promptly repair or replace it with professional care and according to standard industry practices. Grantee shall not be responsible for the replacement or repair of any buildings or reservoirs for which Grantee has not granted advance written permission. 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 Pipeline Easement Agreement 3 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. 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 Paragraph 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 and 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 Grantors of the sum named herein that the title to the Lands described herein shall be vested in the Grantors, 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. Grantors 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 Grantors all assurances of title and affidavits which the Grantors may be advised by Grantee are necessary and proper to show in Grantors 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. Grantors agree to cooperate and aid Grantee, if necessary, to obtain any curative documents needed. 15. If Grantee 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 Grantors and Grantee hereby stipulate that the ultimate award to the Grantors 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 Grantors 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 Pipeline Easement Agreement 4 to, any damages identified in Paragraph 10 above, Grantee agrees to pay Grantors the one time sum of Thirteen Thousand Five Hundred Dollars and 00/100 ($13,500.00). 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. A. TO THE EXTENT PERMITTED BY LAW, GRANTEE HEREBY ASSUMES ALL LIABILITY FOR, AND AGREES TO INDEMNIFY, DEFEND AND HOLD GRANTORS 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 GRANTORS, 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 IN ANY WAY RELATED TO THE PIPELINE SYSTEM 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. 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 Pipeline Easement Agreement 5 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 GRANTORS 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 OR 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, (H) 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 Pipeline Easement Agreement 6 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. 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 Grantors' rights to cultivate, use and enjoy the lands for any purpose, except as limited herein, provided that any such operation or use by Grantors, or Grantors' heirs, successors or assigns, shall not interfere with or endanger the operations or integrity of Grantee's Pipeline System and Permitted Uses. Additionally, the Grantors will not construct any facilities or perform any activities within or around the Easement or on the Lands that may violate federal and state regulations regarding the protection of drinking water supplies and facilities that convey such water. Grantors 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 Grantors 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 within on or in the vicinity of the Easement or on the Lands which would interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. Further, Grantee agrees that Grantors may erect driveways, fences, sidewalks/walking paths, mailboxes, entry gates, and other structures/improvements within the Easement that do not damage the Pipeline System. 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 Grantors own any portion of any mineral estate, leasehold estate and/or royalty interest of any kind or character under the Lands defined herein, Grantors surrender and release their 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) Grantors reserve and except 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 a surface location(s) on nearby lands so long as no oil, gas, or hydrocarbon production facilities are installed on the surface of the Lands within the Easement and so long as such operations will not damage the Pipeline System. Pipeline Easement Agreement 7 ii} Grantors 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. 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 EXECUTED this 20th, day of June 2011 ("Effective Date"), GRANTORS: Lance Inden-nan GRANTEE: The City of Lubbock By: Name: TOM MARTIN Title: .--nayor [Acknowledgements of the Parties on Next Page] a APPROVED AS TO CONTENT: ATTEST: Marsha Reed, P.E. Chief Operations Officer Pipeline Eaiernent Agreement 9 Rebec)a Garza, City Secr t ry EXECUTED this 20th day of Junf , 2011 ("Effective Date"). GRANTORS: Lance Inderman GRANTEE: The City of Lubbock By: � , ,,,- Name: TOM MARTIN Title: Mayor [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: ATTEST: l121212-9 41 6 J� a Marsha Reed, P.E. Chief Operations Officer APPROVED AS TO FORM: Pipeline Easement Agreement 9 Rebe ca Garza, Ci ecre y STATE OF TEXAS § COUNTY OF La bbdc� §§ This instrument was acknowledged before me on 2011, by Lance Inderman. ...... EILIZABM KAY BROWN MY COMMISSION EXPIRES June 16, 2012 .... STATE OF TEXAS COUNTY OF ,— , V,)c, Q Y, . .. ............. NQtary'Oub ic, St4t _e of Texa 4 LA.) 'j Printed Name of Notary My commission expires: At- (-) n"S This instrument was acknowledged before me on Inderman. SHELLEY HAWKINS Notary Public, State of Texas ry Pubft, S nrtMon Expires May go, Rai 2 Printed Namf Notary My commission expires: STATE OF _7T�tXLS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on ELISA SANCDHEZ N018N Public, State of Texas S 11-07�-2011 MyrommssionExpMS111 Notary Public. State of Printed Name of Notary My commission expires: Pipeline Easement Agreement 10 2011. by STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on Inderman. STATE OF TEXAS COUNTY OF iL .�V)V?oC1lK, Notary Public, State of Texas Printed Name of Notary My commission expires: § 2011, by Lance This instrument was acknowledged before me on 2011, by Chad Inderman. SHELLEY HAWKINS Notary) Public, State of Texas My Commission Expires May STATE OF —1 e \, 0,s COUNTY OF LUBBOCK Notary Public, State of Texas v1S Printed Nam f Notary My commission expires: F51 a 1 Q-. This instrument was acknowledged before me oti j tk 1 i -101 1, by TCrn MQ47iin ELISA sANCHEZ tJotafy Public, State of Texas Y My Commisstan Expires 11.01.2011 lux�� &Atko-j. , Notary Public, State of ((_� ,--t _% _ 0 Printed Name of Notary My commission expires: 11-01-20 Pipeline Easement Agreement 10 61 K Obi P Lake Alan Henry Treated Water Line Easement Parcel '. 101 � PE:RI4[ETER SURVEY OFF A 2.1:.5 ACRE TRACT AND A 1.214 ACRE TRACT LOCATED IN SCA LE: 1-100' SECTION 66, BLOCK. S LUBBOCK COUNTY, TEXAS Y. 1010 320 Acres - W12 awrm: L.— &d-- & Chad Mderman CCFN:06803d713 Edd—,, PO aox 69 h'iw D -1T 79350 /5061 7d,-1912 Section 13, Block S Tram i - 35 PermaOrnt E—— N (icvYng Slil44'mAxR I S88'53'18"E 2641.67 2 S01°48'27"W 35.00' 3 N88°53'18'w' 2644.68' 4 Nf11°09'28"E 35.00' 2 125 9p'es. - n0564 yl ft T— _ . 2r, T—M— Easameia 1". Bemin2, Disrariu 3 S88'53 18"E 2644.69' SOI°08'27'W 20.00' 6 N88 -53'18"W 164469' 4 N01°09'28"E 20.00' >s8s-,ri/�,cvloapr r a � Section 8 `�04 Black S04 7dcm-Ir? �hio•.•r�.�. -ell gg ' g� I >! � I 1 Y. 1010 320 Acres - W12 awrm: L.— &d-- & Chad Mderman CCFN:06803d713 Edd—,, PO aox 69 h'iw D -1T 79350 /5061 7d,-1912 Section 13, Block S Tram i - 35 PermaOrnt E—— N (icvYng Slil44'mAxR I S88'53'18"E 2641.67 2 S01°48'27"W 35.00' 3 N88°53'18'w' 2644.68' 4 Nf11°09'28"E 35.00' 2 125 9p'es. - n0564 yl ft T— _ . 2r, T—M— Easameia 1". Bemin2, Disrariu 3 S88'53 18"E 2644.69' SOI°08'27'W 20.00' 6 N88 -53'18"W 164469' 4 N01°09'28"E 20.00' >s8s-,ri/�,cvloapr r i effi �; I Section 16 Block S I —V, - I hPo'Aaer-.P?dNfTJ Section'4 Block 5 h/cwTmr %kYS ! G 3a Section 71, Block S Y B Bearings are relative to She Texas Coordinate Systern of 1993, CORS 96, Epoch 2002.0 Surveyed on the gmund July S. 2011 Robert AChlitop per /�.f Registered Professional Lind Surveyor No. 5167 Licensed State Land Surveyor State of Texas Section 72 Block S NOTES: HEAVY LINES INDICATE PLATLMTS. - SET' 112" IRON ROD WITH CAP • -FOUND 1/2" IRON ROD WITH CAP a - FOUND "MAG" NAIL WITH SHINER • - FOUND COTTON SPINDLE A legal description of even slave , date herewith accnmpanies this plat of survey. 21 C--y--gh;'+01 1, Hugo Recd and i— M— I,' For dnc aVe :ase Or ride c;0 Far GF A and an: ober •�dar!t`icrs a! mc'iratrd rhe c_a>l cece shown hereon Lake Alan Henry Treated Water Line Easement Parcel No. 1030 PERIMETER SURVEY OF A 2.125 ACRE TRACT AND A 1214 ACRE TRACT LOCATED IN SECTION 66, BLOCK S LUBBOCK COUNTY, TEXAS Tract 1 METES AND BOUNDS DESCRIPTION of a 2.1.25 acre tract of land located in the Northwest Quarter of Section 66, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found at the Northwest comer of this tract, same being the Northwest comer of said Section 66: THENCE S. 88'53'18" E., along the North line of said Section 66, a distance of 2644.67 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract, same being the Northeast comer of the Northwest Quarter of said Section 66; THENCE S. 01'08'27" W., along the East line of the Northwest Quarter of said Section 66, a distance of 35.00 feet to a 1/2" iron rod with cap found at the Southeast comer of this tract; THENCE N. 88'53'18" W. a distance of 2644.68 feet to a "MAG" nail with shiner found in the West line of said Secdon 66, at the Southwest corner of this tract; THENCE N. 01'09'29" E., along the West line of said Section 66. a distance of 35.00 feet to the Point of Beginning. Tract 2 METES AND BOUNDS DESCRIPTION of a 1.214 acre tract of land located in the Northwest Quarter of Section 66, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a "MAG" nail with shiner found in the West line of said Section 66 at the Northwest comer of this tract, which bears S. 01'09'28" W. a distance of 35.00 feet from the Northwest corner of said Section 66: THENCE S. 88'53'18" E. a distance of 2644.68 feet to a 1/2" iron rod with cap found in the East line of the Northwest Quarter of said Section 66 at the Northeast corner of this tract; THENCE S. 01'08'27" W., along the East line of the Northwest Quarter of said Section 66, a distance of 20.00 feet to a 1/2" iron rod with cap found at the Southeast comer of this tract; THENCE N. 88053'18" W. a distance of 2641.69 feet to a cotton spindle found in the West line of said Section 66, at the Southwest comer of this tract; THENCE N. 01'09'28" E., along the West line of said said Section 66, a distance of 20.00 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_ July 5, 2D) l Robert A. Christopher �' Registered Professionar/und Surveyor No. 5167 Licensed State Land Surveyor State of Texas Sheet 2 of 21 Copyr�girt 243 1, Hugo Reed a�,d a.•.sae:atss, I� fa: the sole use o(Tidc Co Fu GF 4 yid arty crther id-ufie:s scMimmxlmdxc fx Ltstw hereon