HomeMy WebLinkAboutResolution - 2021-R0235 - Acceptance of four Easements in Section 1 Block AKResolution No. 2021-R0235
Item No. 6.6
July 13, 2021
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 accept for and
on behalf of the City of Lubbock four Easements in connection with certain real property
located in Section 1, Block AK, Lubbock County, Texas, by and between the City of
Lubbock and Landsome I, LLC; Landsome II, LLC; TBC Enterprises, LLC; and 1585
Development, LLC, and all related documents. Said Easements are 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
ATTEST:
Rebec a arza, City Secre ry
APPROVED AS TO CONTENT:
July 13, 2021
L�'k
DANIEL M. POP , MAYOR
Michael Keenum, PT., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Ry n B oke, Assistant City Attorney
RESA Loop 88 easements
5.17.21
:,c: I Ci,RN: WEST TEXAS TITLE CCMPAN'. ✓
I"ILR NCB. 72: 2 ,
Resolution No. 2021-R0235
f
21059910 9 PGS EASE I
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
GRANTOR, TBC ENTERPRISES, LLC, a Texas Limited Liability Company whose
address is P.O. Box 7827, Amarillo, Texas 79114, for a valuable consideration, to them paid by
The City of Lubbock, Texas (the "Grantee") with offices at 1208 le 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 lands, described in Exhibit A (hereinafter called the
"Lands" or "Easement Lands") situated in Lubbock County, Texas.
Pipelines and Equipment
Grantor hereby grants to Grantee a perpetual exclusive Easement together with the right
to install, survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate,
replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain
(blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion
monitoring test stations, pipeline markers, fence gates, impressed current deep well anode
stations with power supplies, flow meters, system communication lines and splice boxes,
roadways, 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, waste
water and effluent through, under, upon, over, across and within the Lands. Such perpetual
exclusive Easement shall be as described herein and on Exhibit A attached hereto and
incorporated herein, and hereby made a part hereof by reference to describe the Easement and
the Lands.
For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, this Easement is specifically made by Grantors
and accepted by Grantee subject to the following terms, covenants, obligations and conditions:
Grantee may use and occupy the Easement for all purposes incidental and/or related to
the Permitted Uses, including but not limited to: (a) the right to perform all Permitted
Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of
unimpaired ingress and egress and regress, entry and access in, to, through, on, over,
under and across said Easement granted herein, with the right to ingress and egress and
regress to and from and access on and along said Easement, for any and all purposes
necessary and or incident to the Permitted Uses; and (c) the right to locate the Pipeline
System through, over, under, upon, across and within the Easement for the purpose of
water/waste water/effluent transportation.
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 and with due care
for Grantors' property, business and operations. 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.
The Easement granted herein shall be for the transportation of water, wastewater, and/or
effluent regardless of source, and shall continue in full force and effect unless Grantee
should abandon the Pipeline System as identified herein. The rights granted to Grantee
herein may be abandoned solely by a formal resolution of its governing body that
authorizes the abandonment of the Pipeline System. Any such abandonment will not be
effective until it is evidenced by notice in writing, signed by the Grantee's official
representative, and filed of record in the county where the Lands are located.
4. The Easement Term is hereby defined as the period of time beginning with the granting
of the Easement and continuing until such time that the Easement is abandoned by
Grantee as set forth in paragraph 3 above.
5. Grantors and Grantee agree that during Permitted Uses related to the Pipeline System,
any and all trees, dirt, raw materials, timber, spoil piles, excess dirt, wood, bushes, shrubs
and brush, and other debris materials resulting from site preparation cleared from the
Easement and remaining after the Pipeline System is in place shall, be removed by
Grantee from Lands and from Grantors' property.
6. Grantee shall keep the Easement in good order, condition and repair following any work
related to Permitted Uses on the Pipeline System. Notwithstanding anything contained
herein to the contrary, although the Grantee may reconstruct any roadway crossed by
Grantee in exercising its rights hereunder, Grantee assumes no maintenance for any road
reconstructed as a result of Grantee's use of the Easement and Grantee expressly waives
same, which waiver is acknowledged by Grantors.
7. Grantee shall be responsible for obtaining all permits necessary to construct and operate
the Pipeline System on the Easement.
8. During construction of the Pipeline System, Grantee shall provide reasonable access to
Grantors' property. Within the Easement, Grantee shall have the right to cut fences and
install gates to enable Permitted Uses for the Pipeline System.
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
2
Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's
property at the sole discretion of the Grantee.
10. Grantee shall exercise due care and diligence in the use of the rights and privileges herein
granted to it. In case of abandonment of said Easement as provided in 3 above, 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.
11. Grantors warrants and represents that the title to the Lands described herein are vested in
the Grantors, free and clear of any liens and/or encumbrances. Grantors shall provide to
Grantee an executed release from any lien holder, tenant, lessee, or other parry having an
interest in the Lands.
12. Grantors shall procure and have recorded without cost to Grantee 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 Grantors. Grantee agrees to
cooperate and aid Grantors, if necessary, to obtain any curative documents needed.
13. Grantee shall have the right to use Grantors' property located immediately adjacent to the
Easement for the following:
A. detouring around natural impediments within the Easement; or
B. the construction, maintenance, repair and removal of the Pipeline System within the
Easement.
14. "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.
15. 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.
16. 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.
17. The provisions of this Easement shall be binding upon and inure to the benefit of the
successors and assigns of the respective parties hereto.
18. 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.
19. 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.
20. 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.
21. 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 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.
A. To the extent that Grantors owns 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 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:
y Grantors reserve and except from this release and retains for themselves, their
successors and their 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.
u) 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.
22. Grantee shall have the right to approve the location and means of future third -party
pipelines which will cross Grantee's pipeline system and come within the Easement.
Grantee will not withhold reasonable crossing requests, but will act in a manner to protect
the Grantee's Pipeline System and Grantee's Easement.
23. Grantor shall not construct, and Grantee shall have the right to prevent the future
construction of temporary or permanent wells, buildings, structures, signs, obstructions,
trees, shrubs, or fences, or other facilities or improvements of any kind ("Unpermitted
Structures") on the Easement Property. If any Unpermitted Structures are hereafter
constructed or permitted by Grantor to exist within the Easement Property without prior
written consent of Grantee, then Grantee shall have the right to remove the same and
Grantor agrees to pay to Grantee the reasonable actual costs of such removal. Grantor
may not construct buildings, structures, or other facilities within the Easement without
the specific written consent of Grantee.
24. Nothing contained herein shall be construed as a waiver by the Grantee of immunity of
any kind or type, including without limitation, waiver of immunity from liability and
immunityfrom suit, and the Grantee shall retain all such immunities, except as may be
otherwise waived pursuant to applicable laws of the United States or State of Texas.
[ Signatures of the Parties on Next Page]
5
EXECUTED this 3 0 t h day of September . 2021 (`Effective Date").
GRANTOR:
TBC ENTERPRISES, LLC
a Texas Limited Liability Company
By: 46
Barrett Sim
Its: Member
STATE OF TEXAS
COUINTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
state, on this day personally appeared Barrett Simms w, in his capacity as
Member of TBC ENTERPRISES, LLC, a Texas limited liability company, for the purposes and
consideration expressed, and in the capacity hereinabove stated.
A
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~day of November ,
2021.
(Off icial s—I
ING
���' MYLISSA Notary Public,.BlL
StateofTexas
Not ID #1052759-3
.RF.,
My Commission Expires 04-16-2022
Notarpublic, State of Te s
Al k5m, A /'&%/I
Print& Name of Notary
My commission expires: T"/— 2.DZ.2-
Note: No abstract of title or title commitment was provided to
this surveyor. Record research done by this surveyor was made
only for the purpose of determining the boundary of this
property and of the adjoining parcels. Recorded or unrecorded
documents other than those shown on this survey may exist and
encumber this property.
SCALE :1"=100'---------__ &Ecr1av21&oarE-2 — — —
—�
F.M. 1585
--------
---------------------------------
OIWaym7
--------1----------------------------
--
70'DRAWAGEEASEAffNT CCFN
---------`NIK- }
20/70/27G2
m"W"' 6V.4GE EASEA�NT
-------------------------------- --------
CaN20/70/2AB2 1 t
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------------------------ _ I
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P.O.B.
N= 7,237,975.48'
STATE CF TEXAS
I j I
1
1 1 I
CCFN E019041973
E= 940,783.59'
STATE 6F TEXAS
C09V 2019027W9 1
1 1 I
1
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PARCEL2-------------
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REAMAINDER OF 86. 76/ ACRES
2 419 AMES
/585 DEVELOFEMENT, LL C
T8C ENTERPJ4/SES, L L C
CCFN 20/6023825
CCFNW19041193
LEGEND:
-
SURVEYEDPROPERTS
ADJACENT PROPERTY
----- -RIGHT-OF-WAY
------ -EASEMENT
- SET 1 2" ROD w 'CAP
- FD. 1 2" ROD CAP
p- FD.5i8" IRON ROD
C]- FD. 5iX" IRON ROD (BENT)
P O.B - POINT OF BEGINNING
CCFN- COUNTY CLERK FILE NUMBER.
LUBBOCK COUNTY, TEXAS
SOUTH LUBBOCK SANITARY SEWER
EXTENSION RELOCATION
Parcel 1 - Permanent Easement
PERIMETER SURVEY OF A
0.037 ACRE PARCEL LOCATED IN
SECTION I. BLOCK AK
LUBBOCK COUNTY, TEXAS
Line Table
Line #
Length
Direction
LI
74.21'
S860 40' 27"E
L2
19.30'
S030 37' 34"W
L3
88.62'
N861' 40' 27"W
L4
4.31'
NO I ° 5 (' 22"E
John E. Allen, Registered Professional Land Surveyor No.5895
z
a
� to
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1 1 1
1 1 1
I ,
HUGO REED
C OF F�"Y AND ASSOCIATES, INC.
C-0 to LAND SURVEYORS 1601 AVENUE N
JOHN E. ALLEN CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 100676.00 PHONE: 806 / 763-5642
5895 V Q; TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
Bearings are relative to the Texas Coordinate System of 1983,
R North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
Surveyed on the ground.
March 10, 2020 Copyright 2020, Hugo Reed and Associates, Inc. Page I of 2
DESCRIPTION FOR PARCEL 1
METES AND BOUNDS DESCRIPTION of a 0.037 acre parcel located in Section 1, Block AK, Lubbock County, Texas,
being a portion of 2.419 acres described in County Clerk File Number (CCFN) 2019041193, Official Public Records,
Lubbock County, Texas (OPRLCT), being further described as follows:
BEGINNING at a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' found (N=7,237,975.48', E=940,783.591)
in the South line of a 22.235 acre tract conveyed to the State of Texas, acting by and through the Texas Transportation
Commission described as'Part 2' in CCFN 2019041973, OPRLCT, and at the most Northerly Northwest comer of said 2.419
acre tract, which bears S. 88"02'16" E. a distance of458.46 feet and S. 01°57'44" W. a distance of 296.46 feet from a
railroad spike found at the Northeast comer of said Section 1, Block AK, for the most Northerly Northwest comer of this
parcel;
THENCE S. 86040'27" E. along the common line of said 22.235 acre State of Texas tract and said 2.419 acre tract a distance
of 74.21 feet to a 5/8" iron rod found bent at a common comer of said 22.235 acre State of Texas tract and said 2.419 acre
tract, for the Northeast corner of this parcel;
THENCE S. 03037'34" W. continuing along said common line of said 22.235 acre State of Texas tract and said 2.419 acre
tract a distance of 19.30 feet to a 5/8" iron rod found bent at a common corner of said 22.235 acre State of Texas tract and
said 2.419 acre tract, for the Southeast comer of this parcel;
THENCE N. 86040'27" W. parallel with and 19.30 feet South of said common line of said 22.235 acre State of Texas tract
and said 2.419 acre tract a distance of 88.62 feet to a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' set in
the West line of said 2.419 acre tract for the Southwest comer of this parcel;
THENCE N. 01051'22" E. along said West line of said 2.419 acre tract a distance of 4.31 feet to a 1/2" iron rod with yellow
cap marked'HUGO REED & ASSOC' found at the most Westerly Northwest comer of said 2.419 acre tract, for the most
Westerly Northwest comer of this parcel;
THENCE N. 47035'28" E. along said West line of said 2.419 acre tract a distance of 20.94 feet to the Point of Beginning.
SOUTH LUBBOCK SANITARY SEWER
EXTENSION RELOCATION
Parcel 1 - Permanent Easement
PERIMETER SURVEY OF A
0.037 ACRE PARCEL LOCATED IN
SECTION 1, BLOCK AK
LUBBOCK COUNTY, TEXAS
re� OF T'�rye
.'T!�Gl S TE�c;,� `9Q!
Go
JOHN E. ALLE
HUGO REED
AND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 100676.OD PHONE: 806 / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3691
Bearings are relative to the Texas Coordinate System of 1983,
North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
John E. Allen, Registered Professional Land Surveyor No.5895
Surveyed on the ground.
March 10, 2020
Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 2
. !�RV,
i1 i\i: i 1 ST TEXAS TITLE t�OMPAN V
Resolution hfi0. P R 35
STATE OF TEXAS
COUNTY OF LUBBOCK
k22#53776 1.3 PCs EMM
Irv, 119AI"I�IOTWN.0i NJ 111
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT:
GRANTOR, 1585 DEVELOPMENT, LLC, a Texas Limited Liability Company whose
address is P.O. Box 64664, Lubbock, Texas 79464, for a valuable consideration, to them paid by
The City of Lubbock, Texas (the "Grantee") with offices at 1208 14' 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 lands, described in Exhibit A (hereinafter called the "Lands" or
"Easement Lands") situated in Lubbock County, Texas.
Pipelines and Equipment
Grantor hereby grants to Grantee a perpetual exclusive Easement together with the right to
install, survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace,
repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off)
valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring
test stations, pipeline markers, fence gates, impressed current deep well anode stations with power
supplies, flow meters, system communication lines and splice boxes, roadways, 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, waste water and effluent
through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall
be as described herein and on Exhibit A attached hereto and incorporated herein, and hereby made
a part hereof by reference to describe the Easement and the Lands.
For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, 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 all purposes incidental and/or related to the
Permitted Uses, including but not limited to: (a) the right to perform all Permitted Uses
related to the Pipeline System; (b) the right (for men, material, and equipment) of
unimpaired ingress and egress and regress, entry and access in, to, through, on, over, under
and across said Easement granted herein, with the right to ingress and egress and regress
to and from and access on and along said Easement, for any and all purposes necessary and
or incident to the Permitted Uses; and (c) the right to locate the Pipeline System through,
over, under, upon, across and within the Easement for the purpose of water/waste
water/effluent transportation.
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 and with due care for Grantors'
property, business and operations. 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.
3. The Easement granted herein shall be for the transportation of water, wastewater, and/or
effluent regardless of source, and shall continue in full force and effect unless Grantee
should abandon the Pipeline System as identified herein. The rights granted to Grantee
herein may be abandoned solely by a formal resolution of its governing body that
authorizes the abandonment of the Pipeline System. Any such abandonment will not be
effective until it is evidenced by notice in writing, signed by the Grantee's official
representative, and filed of record in the county where the Lands are located.
4. The Easement Term is hereby defined as the period of time beginning with the granting of
the Easement and continuing until such time that the Easement is abandoned by Grantee as
set forth in paragraph 3 above.
Grantors and Grantee agree that during Permitted Uses related to the Pipeline System, any
and all trees, dirt, raw materials, timber, spoil piles, excess dirt, wood, bushes, shrubs and
brush, and other debris materials resulting from site preparation cleared from the Easement
and remaining after the Pipeline System is in place shall, be removed by Grantee from
Lands and from Grantors' property.
6. Grantee shall keep the Easement in good order, condition and repair following any work
related to Permitted Uses on the Pipeline System. Notwithstanding anything contained
herein to the contrary, although the Grantee may reconstruct any roadway crossed by
Grantee in exercising its rights hereunder, Grantee assumes no maintenance for any road
reconstructed as a result of Grantee's use of the Easement and Grantee expressly waives
same, which waiver is acknowledged by Grantors.
7. Grantee shall be responsible for obtaining all permits necessary to construct and operate
the Pipeline System on the Easement.
8. During construction of the Pipeline System, Grantee shall provide reasonable access to
Grantors' property. Within the Easement, Grantee shall have the right to cut fences and
install gates to enable Permitted Uses for the Pipeline System.
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 any of Grantee's property at
the sole discretion of the Grantee.
10. Grantee shall exercise due care and diligence in the use of the rights and privileges herein
granted to it. In case of abandonment of said Easement as provided in 3 above, 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.
11. Grantor warrants and represents that the title to the Lands described herein are vested in
the Grantor. In the event that any lienholder, tenant, lessee, or other party holds an interest
in the Land, Grantor shall provide to Grantee an executed release and/or subordination
from said party.
12. Grantors shall procure and have recorded without cost to Grantee 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 Grantors. Grantee agrees to cooperate and aid Grantors, if
necessary, to obtain any curative documents needed.
13. Grantee shall have the right to use Grantors' property located immediately adjacent to the
Easement for the following:
A. detouring around natural impediments within the Easement; or
B. the construction, maintenance, repair and removal of the Pipeline System within the
Easement.
14. "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.
15. 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.
16. 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.
17. The provisions of this Easement shall be binding upon and inure to the benefit of the
successors and assigns of the respective parties hereto.
18. 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.
19. 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.
20. 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.
21. 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 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
part'.
A. To the extent that Grantors owns 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 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) Grantors reserve and except from this release and retains for themselves, their
successors and their 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) 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.
22. Grantee shall have the right to approve the location and means of future third -party
pipelines which will cross Grantee's pipeline system and come within the Easement.
Grantee will not withhold reasonable crossing requests, but will act in a manner to protect
the Grantee's Pipeline System and Grantee's Easement.
23. Grantor shall not construct, and Grantee shall have the right to prevent the future
construction of temporary or permanent wells, buildings, structures, signs, obstructions,
trees, shrubs, or fences, or other facilities or improvements of any kind ("Unpermitted
Structures") on the Easement Property. If any Unpermitted Structures are hereafter
:!
constructed or permitted by Grantor to exist within the Easement Property without prior
written consent of Grantee, then Grantee shall have the right to remove the same and
Grantor agrees to pay to Grantee the reasonable actual costs of such removal. Grantor may
not construct buildings, structures, or other facilities within the Easement without the
specific written consent of Grantee.
24. Nothing contained herein shall be construed as a waiver by the Grantee of immunity of any
kind or type, including without limitation, waiver of immunityfrom liability and immunity
from suit, and the Grantee shall retain all such immunities, except as may be otherwise
waived pursuant to applicable laws of the United States or State of Texas.
[ Signatures of the Parties on Next Page]
EXECUTED this 18th day of October , 2021 ("Effective Date").
GRANTOR:
1585 DEVELOPMENT, LLC
a Texas L*fiR674iability Company
Thomas Pane, Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County and state,
on this day personally appeared Thomas Payne, in his capacity as Manager of 1585
DEVELOPMENT, LLC, a Texas limited liability company for the purposes and consideration
expressed, and in the capacity hereinabove stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this '� day of October ,
2021.
MUD �`PpY Iv, - NANCY FLOYD
Notary Public, State COW
Notary IN 509841-3
M My Commission Expires *24.2022
V 1,, 1 (� I A fn�a "
Notary Pub ic, tat o exas
Nk�V--L0
Printed Name or9otary
My commission expires: O'er �—�
2
STATE OF TEXAS §
COUNTY OF LUBBOCK §
That PEOPLES BANK duly organized and existing under the laws of the State of Texas ,
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) paid in cash, and
for other good and valuable consideration, the receipt of which is hereby acknowledged and
confessed, being a lien holder of the property described herein, does hereby consent and agree to
the foregoing EASEMENT and does hereby subordinate its rights in the above described
property to the above dedication, as shown on the attached Exhibit A.
IN WITNESS WHEREOF, the said PEOPLES BANK has caused these prese o be
signed by its duly authorized officer at Lubbock, Lubbock County, Texas, on this May of
October , 2021.
PEOPLES BANK
By.
P ' ed Name: j,Qe2& CI�G
Title: P
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally appeared
Jordan McKay, Executive Vice President , of PEOPLES BANK, a state banking
corporation, acknowledged to me that he/she executed the same for purposes and considerations
herein expressed and in the capacity so stated, and as the act and deed of said corporation.
Given under my hand and seal of office this the dlq�ay of October, 2021.
A 4 A
GWIM-bo NANCY FLOYD Notary Publi m a%n or the State of Texas
W, Notary Public, State of Texas My Commission Expires: 08/24/2022
Notary IN 509841.3
11 My Commission Expires 08.24.2022
Final Easement Form
SCALE: 1 "=400'
Curve Table
Curve #
Chord Direction
Chord Distance
Radius
C1
N8502644"W
1511.89'
16072.00'
C2
N84040'46"W
1070.01'
15810.00'
C3
S84040'5211E
1072.88'
15840.00'
C4
S85-2644"E
1509.07'
16042.00'
--s7A7EFO— As FM 1585 — — —— ---
--------------
a� rEXAs
REAWWER OF I.500 AOgFS
LAWSOW'I LL C
C09V 20170045n
SOUTH LUBBOCK SANITARY SEWER
EXTENSION RELOCATION
Parcel - Permanent Easement
PERIlVIETER SURVEY OF A
1.957 ACRE PARCEL LOCATED IN
SECTION 1, BLOCK AK
LUBBOCK COUNTY, TEXAS
S7ArE ar 7EX4S
CCiN 2191-V4127,'J
REAMA/MER CF 86.761 AQ1M
1585 DEMELOPEA ENT, LL C
CCM 2016023825
Line Table
Line #
Length
Direction
Ll
20.94'
S470 35' 28"W
L2
14.35'
S010 51' 22"W
L3
255.56
N880 09' 15"W
L4
30.01'
N010 46' 06"E
L5
230.25'
S880 09' 15"E
L6
40.32'
j S86° 40' 27"E
John E. Allen, Registered Professional Land Surveyor No.5895
Note: No abstract of title or title commitment was provided to
this surveyor. Record research done by this surveyor was made
only for the purpose of determining the boundary of this
property and of the adjoining parcels. Recorded or unrecorded
documents other than those shown on this survey may exist and
encumber this property.
P.O.B.
— — — N= 7,237,975.48'
E= 940,783.59'
______m GWAK4C"EEUSEAE7Y7 Ca'N�rol7t7/2767-------
-------------- ------- -------
S7A7E Or 7FXA5
rl QL3)
I �
SCA
I �
I
I
I I
J
-----------J/
OF HUGO REED
�Q`Cti AND ASSOCIATES, INC.
o c11 LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
JOHN E. ALLEN TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642
5895 V TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
F 1O Bearings are relative to the Texas Coordinate System of 1983,
R North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
Surveyed on the ground.
M.—h IA ')mn Coovright 2020, Hugo Reed and Associates, Inc. Page 1 of 3
SWE or 7EX4S j
CtxMe't 19027" I
�II
III
2.419 AMES
EN7E7b9?iSES, L
CaN 2019041193
-SURVEYED PROPERTY
ADJACENT PROPERTY
----- -RIGHT-OF-WAY
I�1
------ -EASEMENT
- SET 12" ROD WCAP
Q - FD. 12" ROD w/CAP
Q - FD. 5/8" IRON ROD
I"I
H
@o - FD. 5/8" IRON ROD WITH ALUM. CAP
9
0 - FD. 5/8" IRON ROD (BeM
P.O.B.- POINT OF BEGINNING
CCFN- COUNTY CLERK FILE NUMBER,
t rtaartr v rnttrrry TPYAc
DESCRIPTION FOR PARCEL 2
METES AND BOUNDS DESCRIPTION of a 1.957 acre parcel located in Section 1, Block AK, Lubbock County, Texas,
being a portion of 86.761 acres described in County Clerk File Number (CCFN) 2016023825, Official Public Records,
Lubbock County, Texas (OPRLCT), and a portion of 106.669 acres described in CCFN 2014024569, OPRLCT, being
further described as follows:
BEGINNING at a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' found (N=7,237,975.48', E=940,783.59')
in the South line of a 22.235 acre tract conveyed to the State of Texas, acting by and through the Texas Transportation
Commission described as 'Part 2' in CCFN 2019041973, OPRLCT, and at the most Northerly Northwest corner of a 2.419
acre tract described in CCFN 2019041193, OPRLCT, which bears S. 88°02'16" E. a distance of 458.46 feet and S. 01°5744"
W. a distance of 296.46 feet from a railroad spike found at the Northeast corner of said Section 1, Block AK, for the
Northeast corner of this parcel;
THENCE S. 47035'28" W. along the West line of said 2.419 acre tract a distance of 20.94 feet to a 1/2" iron rod with yellow
cap marked 'HUGO REED & ASSOC' found at the most Westerly Northwest corner of said 2.419 acre tract, for a comer of
this parcel;
THENCE S. 0105 F22" W. continuing along said West line of said 2.419 acre tract a distance of 14.35 feet to a 1/2" iron rod
with yellow cap marked 'HUGO REED & ASSOC' set in said West line of said 2.419 acre tract, being 29.34 feet South of
the South line of said 22.235 acre State of Texas tract for the Southwest comer of this parcel;
THENCE N. 88009' 15" W. at 25.31 feet pass a point, continuing parallel with and 30.00 feet South of said South line of said
22.235 acre State of Texas tract, for a total distance of 255.56 feet to a 1/2" iron rod with yellow cap marked'HUGO REED
& ASSOC' set at a point of curvature and a comer of this parcel;
THENCE continuing parallel with and 30.00 feet South of said South line of said 22.235 acre State of Texas tract,
Northwesterly along a curve concave to the Northeast, having a radius of 16,072.00 feet, a chord bearing N. 85°2644" W.
and a chord distance of 1,511.89 feet to a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' set at a point of
reverse curvature, for a comer of this parcel;
THENCE continuing parallel with and 30.00 feet South of said South line of said 22.235 acre State of Texas tract,
Northwesterly along a curve concave to the Southwest, having a radius of 15,810.00 feet, a chord bearing N. 84°40'46" W.
and a chord distance of 1,070.01 feet, at a partial chord distance of 958.37 feet pass the West line of said 86.761 acre tract
and the East line of a 106.669 acre tract described in CCFN 2014024569, OPRLCT, to a 1/2" iron rod with yellow cap
marked 'HUGO REED & ASSOC' set in the East line of a 1.500 acre tract described in CCFN 2017004577, OPRLCT, for
the Southwest corner of this parcel;
THENCE N. 01 046'06" E. along the said East line of said 1.500 acre tract a distance of 30.01 feet to a 5/8" iron rod with
aluminum cap marked'TX DEPARTMENT OF TRANSPORTATION - ROW' found at the Southeast corner of a 0.546 acre
tract conveyed to the State of Texas, acting by and through the Texas Transportation Commission described in CCFN
2019032253, OPRLCT, and at the Southwest comer of said 22.235 acre tract described as 'Part Tin CCFN 2019041973,
OPRLCT, at a point of curvature for the Northwest corner of this parcel;
SOUTH LUBBOCK SANITARY SEWER
EXTENSION RELOCATION
Parcel 2 - Permanent Easement
PERIMETER SURVEY OF A
1.957 ACRE PARCEL LOCATED IN
SECTION I, BLOCK AK
LUBBOCK COUNTY, TEXAS
John E. Allen, Registered Professional Land Surveyor No.5895
-Continued on next page -
OF
Q'Cjl S Tg ot,
LE
Surveyed on the ground.
March 10.2020
HUGO REEL1
I—FIAND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
Bearings are relative to the Texas Coordinate System of 1983,
North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 3
DESCRIPTION FOR PARCEL 2 - CONTINUED
THENCE along said South line of said 22.235 acre State of Texas tract, Southeasterly along a curve concave to the
Southwest, having a radius of 15,840.00 feet, a chord bearing S. 84°40'52" E. (CCFN 2019041973 calls S. 84°4 F05" E.) and
a chord distance of 1,072.88 feet (CCFN 2019041973 calls 1,072.86 feet), at a partial chord distance of 111.69 feet pass the
West line of said 86.761 acre tract and the East line of a 106.669 acre tract described in CCFN 2014024569, OPRLCT, to a
5/8" bent iron rod found at a point of reverse curvature, for a corner of this parcel;
THENCE continuing along said South line of said 22.235 acre State of Texas tract, Southeasterly along a curve concave to
the Northeast, having a radius of 16,042.00 feet, a chord bearing S. 85°2644" E. (CCFN 2019041973 calls S. 85°26'24" E.)
and a chord distance of 1,509.07 feet (CCFN 2019041973 calls 1,509.05 feet) to a 5/8" iron rod with aluminum cap marked
'TX DEPARTMENT OF TRANSPORTATION - ROW found bent at the end of curve, for a comer of this parcel;
THENCE S. 88009' 15" E. continuing along said South line of said 22.235 acre State of Texas tract a distance of 230.25 feet
to a 5/8" iron rod found at a point of intersection in said South line of said 22.235 acre State of Texas tract, for a comer of
this parcel;
THENCE S. 86040'27" E. (CCFN 2019041973 calls S. 86°36'40" E.) continuing along said South line of said 22.235 acre
State of Texas tract a distance of 40.32 feet to the Point of Beginning.
SOUTH LUBBOCK SANITARY SEWER
EXTENSION RELOCATION
Parcel 2 - Permanent Easement
PERIMETER SURVEY OF A
1.957 ACRE PARCEL LOCATED IN
SECTION 1, BLOCK AK
LUBBOCK COUNTY, TEXAS
John E. Allen, Registered Professional Land Surveyor No.5895
State of Texas
OF
Surveyed on the ground.
March 10.2020
HUGO REED
I—FIAND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
Bearings are relative to the Texas Coordinate System of 1983,
North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
Copyright 2020, Hugo Reed and Associates, Inc. Page 3 of
Note: No abstract of title or title commitment was provided to
this surveyor. Record research done by this surveyor was made
only for the purpose of determining the boundary of this
property and of the adjoining parcels. Recorded or unrecorded
— — — documents other than those shown on this survey may exist and
SCALE : 1 "=150' — — —
MG— — — — — — —— — ——
_ _ _ encumber this property. —
40 STATE Q' 7EXAS HWAYEASEMENT
487PG 54
40'smm-o�TEXAS/,/GyWAYEASEAff'NT -FM 1585 - - - srcmv BLoarE-2 _ _ __
- - _ PM 490, FG 70/ SECTK3V /, B10& AK - - - -- -
--_ _—_—_—_--_—_—_—_---T —P.O.B. —_— — — — —
30'SAAYTAR SEWEREASEMFNT r l ---------------------- - - -
--------------------------------- ------------------ ---
ccPN /5003387 I I N= 7,238,222.07'-------T---------------------------------------------- • — — — —
30 SAAYTARYSEWEREASEME'NT ---
I I 12 �---------------- cmN20/5003388
I I I I1
--------------
STATE o� TEXAS I I I 141 � j STATE � TEXAS STA7E' Q'- TEXAS
I I I i =FNA01904/975 20/9CW/.g CCFNi:YI/8032523
II I�I CI C2
l�
- --
1I N PARCEL 2-A PARCEL 4
L____
I
----7
II
II
II
II
II
I I
II
II
I I
II
I)
II
II
II
II
II
II
I
I
ACCESS, ORANAGE AAt7 UTL Y
EASEMENT
CQ-Nc't7/8005440 ---J
II
u
II
I
II
II
II
II
I
REMAMER 0F20..027A05ES
/585DEVELCRWN7, LLC
COW 2016015661
Line Table
Line #
Length
Direction
L1
30.00'
SO10 46' 06"W
L2
30.00'
NO1° 52' 07"E
SOUTH LUBBOCK SANITARY SEWER
EXTENSION RELOCATION
Parcel 2-A - Permanent Easement
PERIMETER SURVEY OF A
0.678 ACRE PARCEL LOCATED IN
SECTION L BLOCK AK
LUBBOCK COUNTY, TEXAS
John E. Allen, Registered Professional Land Surveyor No.5895
REMAINDER OF 106.669 ACRES
1585 DEVEL OPEMENT, LL C
CCFN 2014024569
Curve Table
Curve #
Chord Direction
Chord Distance
Radius
Cl
N89048'38"E
492.39'
8042.00'
C2
N89049' I VE
492.56'
7958.00'
C4
S89049'15"W
490.6F
7928.00'
C5
S89048'40"W
494.39'
8072.00'
fi I
HUGO REED
C OF
AND ASSOCIATES, INC.
✓� to LAND SURVEYORS 1601 AVENUE N
JOHN E. ALLEN CIVIL ENGINEERS LUBBOCK, TEXAS 79401
Ir...w�r.rr.r TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642
5895 v TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 8061763-3891
F 10 Bearings are relative to the Texas Coordinate System of 1983,
R North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
Surveyed on the ground.
r,,r.,. U 1 n '1A1 Coovriaht 2020. Hugo Reed and Associates, Inc. Page 1 of 2
REMAMER OF /.500 A01E.5
LANOSOW I LLC jf
COW 2015040893
LEGEND:
-SURVEYED PROPERTY
-ADJACENT PROPERTY
----- -RIGHT-OF-WAY
------ -EASEMENT
-SET 1/2" ROD WCAP
Q - FD. 1 2" ROD w. CAP
0 - FD. 5/8" IRON ROD
►il
@o - FD. 5/8" IRON ROD WITH ALUM. CAP
�J
❑-FD. 58"IRON ROD (BENT)
J
P.O.B.- POINT OF BEGINNING
C'CFN-COUNTY CLERK FILE NUMBER,
I IInnArV rni IMTV TCV AC
DESCRIPTION FOR PARCEL 2-A
METES AND BOUNDS DESCRIPTION of a 0.678 acre parcel located in Section 1, Block AK, Lubbock County, Texas,
being a portion of 20.027 acres described in County Clerk File Number (CCFN) 2016015661, Official Public Records,
Lubbock County, Texas (OPRLCT), and a portion of 106.669 acres described in CCFN 2014024569, OPRLCT, being
further described as follows:
BEGINNING at a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' set (N=7,238,222.071, E=936,491.39') in
the South line of a 22.235 acre tract conveyed to the State of Texas, acting by and through the Texas Transportation
Commission described as 'Part 2' in CCFN 2019041973, OPRLCT, and in the East line of a 30.00 foot access easement
described in CCFN 2018005435, OPRLCT, which bears S. 88°02'16" E. a distance of 530.06 feet and S. 01°5744" W. a
distance of 197.00 feet from the Northwest corner of said Section 1, Block AK, for the Northwest corner of this parcel;
THENCE along said South line of said 22.235 acre State of Texas tract, Northeasterly along a curve concave to the
Northwest, having a radius of 8,042.00 feet, a chord bearing S. 89°48'38" E. and a chord distance of 492.39 feet, at a partial
chord distance of 404.51 feet pass the East line of said 20.027 acre tract and the West line of a 106.669 acre tract, to a 5/8"
iron rod found at a point of reverse curvature, for a corner of this parcel;
THENCE continuing along said South line of said 22.235 acre State of Texas tract, Northeasterly along a curve concave to
the Southeast, having a radius of 7,958.00 feet, a chord bearing N. 89°49'16" E. (CCFN 2019041973 calls N. 89°49'46" E.)
and a chord distance of 492.56 feet (CCFN 2019041973 calls 492.49 feet) to a 5/8" bent iron rod found in the West line of a
1.500 acre tract described in CCFN 2015040893, OPRLCT, at the Southwest corner of a 0.532 acre tract conveyed to the
State of Texas, acting by and through the Texas Transportation Commission described in CCFN 2018032523, OPRLCT, and
at a corner of said 22.235 acre State of Texas tract, for the Northeast comer of this parcel, from whence a 5/8" iron rod found
in reference bears S. 88° 18'05" E. a distance of 26.73 feet;
THENCE S. 01 046'06" W. along the West line of said 1.500 acre tract a distance of 30.00 feet to a 1/2" iron rod with yellow
cap marked 'HUGO REED & ASSOC' set for a point of curvature at the Southeast corner of this parcel, from whence a 1/2"
iron rod with aluminum cap marked'ABACUS RPLS 4460' found at the Southwest comer of said 1.500 acre tract bears S.
01 °46'06" W. a distance of 151.34 feet;
THENCE parallel with and 30.00 feet South of said South line of said 22.235 acre State of Texas tract, Southwesterly along
a curve concave to the Southeast, having a radius of 7,928.00 feet, a chord bearing S. 89°49' 15" W. and a chord distance of
490.61 feet, to a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' set at a point of reverse curvature, for a
comer of this parcel;
THENCE continuing parallel with and 30.00 feet South of said South line of said 22.235 acre State of Texas tract,
Southwesterly along a curve concave to the Northwest, having a radius of 8,072.00 feet, a chord bearing S. 89048'40" W. and
a chord distance of 494.39 feet, at a partial chord distance of 89.91 feet pass the East line of said 20.027 acre tract and the
West line of said 106.669 acre tract, to a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' set in the said East
line of said 30.00 foot access easement, for the Southwest comer of this parcel;
THENCE N. 01 052'07" E. along said East line of said 30.00 foot access easement a distance of 30.00 feet to the Point of
Beginning.
SOUTH LUBBOCK SANITARY SEWER HUGO REEL)
EXTENSION RELOCATION ti ST T1—F1`S F AND ASSOCIATES, INC.
Q' GI S TE
Parcel 2-A - Permanent Easement 01 LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
PERIMETER SURVEY OF A �y TEXAS LICENSED SURVEYING FIRM 100676M PHONE: 806 / 763-5642
0.678 ACRE PARCEL LOCATED IN o� 5895 y TEXAS REGISTERED ENGINEERING FIRM F-780 FAX: 806 / 763 3891
SECTION 1, BLOCK AK E 1O Bearings are relative to the Texas Coordinate System of 1983,
LUBBOCK COUNTY, TEXAS jz North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
John E. Allen, Registered Professional Land Surveyor No.5895 Surveyed on the ground.
State of Texas March 10, 2020 Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 2
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
c� r
Kelly Plnlon County Clerk
Lubbock County TEXAS
10/19/2021 02:�4 PM
FEE: $70.00
2021033776
/ 2021053775 9 u� PGGS EASE
VVEST T EXAS ? ! i LE CG(��P��'s` ���� i M1i% 511 � h II 11
Resolution No: 2021-RO235
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK
GRANTOR, LANDSOME II, LLC, a Texas Limited Liability Company whose address is
4818 Berkman Dr., Apt. 3149, Austin, TX 78723, for a valuable consideration, to them paid by
The City of Lubbock, Texas (the "Grantee") with offices at 1314 Avenue K, 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 `Basement") through, over, under,
upon, across and within the lands, described in Exhibit A (hereinafter called the "Lands" or
"Easement Lands") situated in Lubbock County, Texas.
Pipelines and Equipment
Grantor hereby grants to Grantee a perpetual exclusive Easement together with the right to
install, survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace,
repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off)
valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring
test stations, pipeline markers, fence gates, impressed current deep well anode stations with power
supplies, flow meters, system communication lines and splice boxes, roadways, 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, waste water and effluent
through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall
be as described herein and on Exhibit A attached hereto and incorporated herein, and hereby made
a part hereof by reference to describe the Easement and the Lands.
For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, 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 all purposes incidental and/or related to the
Permitted Uses, including but not limited to: (a) the right to perform all Permitted Uses
related to the Pipeline System; (b) the right (for men, material, and equipment) of
unimpaired ingress and egress and regress, entry and access in, to, through, on, over, under
and across said Easement granted herein, with the right to ingress and egress and regress
to and from and access on and along said Easement, for any and all purposes necessary and
or incident to the Permitted Uses; and (c) the right to locate the Pipeline System through,
over, under, upon, across and within the Easement for the purpose of water/waste
water/effluent transportation.
Final Easement Form
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 and with due care for Grantors'
property, business and operations. 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.
3. The Easement granted herein shall be for the transportation of water, wastewater, and/or
effluent regardless of source, and shall continue in full force and effect unless Grantee
should abandon the Pipeline System as identified herein. The rights granted to Grantee
herein may be abandoned solely by a formal resolution of its governing body that
authorizes the abandonment of the Pipeline System. Any such abandonment will not be
effective until it is evidenced by notice in writing, signed by the Grantee's official
representative, and filed of record in the county where the Lands are located.
4 The Easement Term is hereby defined as the period of time beginning with the granting of
the Easement and continuing until such time that the Easement is abandoned by Grantee as
set forth in paragraph 3 above.
5. Grantors and Grantee agree that during Permitted Uses related to the Pipeline System, any
and all trees, dirt, raw materials, timber, spoil piles, excess dirt, wood, bushes, shrubs and
brush, and other debris materials resulting from site preparation cleared from the Easement
and remaining after the Pipeline System is in place shall, be removed by Grantee from
Lands and from Grantors' property.
6. Grantee shall keep the Easement in good order, condition and repair following any work
related to Permitted Uses on the Pipeline System. Notwithstanding anything contained
herein to the contrary, although the Grantee may reconstruct any roadway crossed by
Grantee in exercising its rights hereunder, Grantee assumes no maintenance for any road
reconstructed as a result of Grantee's use of the Easement and Grantee expressly waives
same, which waiver is acknowledged by Grantors.
7. Grantee shall be responsible for obtaining all permits necessary to construct and operate
the Pipeline System on the Easement.
x During construction of the Pipeline System, Grantee shall provide reasonable access to
Grantors' property. Within the Easement, Grantee shall have the right to cut fences and
install gates to enable Permitted Uses for the Pipeline System.
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
Final Easement Form 2
Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's
property at the sole discretion of the Grantee.
lU Grantee shall exercise due care and diligence in the use of the rights and privileges herein
granted to it. In case of abandonment of said Easement as provided in 3 above, 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.
11. Grantors warrants and represents that the title to the Lands described herein are vested in
the Grantors, free and clear of any liens and/or encumbrances. Grantors shall provide to
Grantee an executed release from any lien holder, tenant, lessee, or other party having an
interest in the Lands.
12 Grantors shall procure and have recorded without cost to Grantee 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 Grantors. Grantee agrees to cooperate and aid Grantors, if
necessary, to obtain any curative documents needed.
13. Grantee shall have the right to use Grantors' property located immediately adjacent to the
Easement for the following:
A. detouring around natural impediments within the Easement; or
B. the construction, maintenance, repair and removal of the Pipeline System within the
Easement.
14 "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.
15. 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.
16. 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.
17. The provisions of this Easement shall be binding upon and inure to the benefit of the
successors and assigns of the respective parties hereto.
I& 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
Final Easement Form
matter shall be effective. This Easement may be modified in writing only, signed by the
parties in interest at the time of the modification.
19 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.
20 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.
21. 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 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.
A. To the extent that Grantors owns 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 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) Grantors reserve and except from this release and retains for themselves, their
successors and their 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) 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.
22 Grantee shall have the right to approve the location and means of future third -party
pipelines which will cross Grantee's pipeline system and come within the Easement.
Grantee will not withhold reasonable crossing requests, but will act in a manner to protect
the Grantee's Pipeline System and Grantee's Easement.
Final Easement Form 4
23. Grantor shall not construct, and Grantee shall have the right to prevent the future
construction of temporary or permanent wells, buildings, structures, signs, obstructions,
trees, shrubs, or fences, or other facilities or improvements of any kind ("Unpermitted
Structures") on the Easement Property. If any Unpermitted Structures are hereafter
constructed or permitted by Grantor to exist within the Easement Property without prior
written consent of Grantee, then Grantee shall have the right to remove the same and
Grantor agrees to pay to Grantee the reasonable actual costs of such removal. Grantor may
not construct buildings, structures, or other facilities within the Easement without the
specific written consent of Grantee.
24. Nothing contained herein shall be construed as a waiver by the Grantee of immunity of any
kind or type, including without limitation, waiver of immunityfrom liability and immunity
from suit, and the Grantee shall retain all such immunities, except as may be otherwise
waived pursuant to applicable laws of the United States or State of Texas.
[ Signatures of the Parties on Next Page]
Final Easement Forth
EXECUTED this-& day of tQ&42&,j2 , 2021 ("Effective Date").
GRANTOR:
LANDSOME II, LLC
a Texas Limited Liability Company
By:
Patti Fonner, Manager
STATE OF TEXAS §
COUNTY OF Uffl»= Tama vi §
M 1'
BEFORE ME, the undersigned authority, a Notary Public in and for said County and state,
on this day personally appeared Patti Fonner, in her capacity as Manager of LANDSOME II, LLC,
a Texas limited liability company, for the purposes and consideration expressed, and in the
capacity hereinabove stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this of 04c6 e 2021.
Notary Public, State o Texas
,%0lY, I11,�qMARCOS E. BASALDUA
p`�•' Notary Public, State of Texas
Comm. Expires 01-08-2025
,�,�:�Y•s�`�:
Notary ID 132857825
Printed Name of Notary
My commission expires: n I-Ok-101
Final Easement Form 6
II:
SCALE: 1"=100'
40'STAre cr TEXAS
h"WWAYEASEAENT
Nx. 4B7, Rl 54
40'STA7E Ar TEXAS
AN WAYEASEAENT
Curve Table
Curve #
Chord Direction
Chord Distance
Radius
C1
S87000'04"E
232.26'
15840.00'
C3
N86059'56"W
232.26'
15810.00'
YYY. 490, A?. 701
-------------------------
------- •-----
-----------
50'SAA/TARYSEKER EASEMENT
C-- 2015Q0--B
I
I
I
STATE A' 7E.GI5
cow Z018032323
PARCEL4
Ar~ER Qr /.500 AOWS
TC09V 4-015040895
F.M. 1585
Line Table
Line #
Length
Direction
Ll
30.01'
SO10 46' 06"W
L2
30.00'
NOl° 46' 0611E
SEC7/ay2/, 81.0WE-2
srch V 1, BLOC7f AK - -
_----------------------- --7oTsc------- ------ -
-- • — P.O.B.-------------- • — EASEAENT c>v�roisaoBaeo-------
------------------
- N= 7,238,216.68'
--- — E=937,708.70'--------------------------
STATE CIF TEXAS
C01711201903&W
REM4WER Q< /.500 AMES
LA4VSQW,[ IC
C09V 27/7004577
REAR 41WR QF 106.66Y AQPES
/5850EVE, acacNT, LLC
CQ9V 27/40~9
LEGEND:
-SURVEYED PROPERTY
-ADJACENT PROPERTY
----- -RIGHT-OF-WAY
------ - EASEMENT
- SET l/2" ROD WCAP
Q - FD. 1/2" ROD WCAP
Q - FD. 5/8" IRON ROD
Q - FD. 5/8" IRON ROD WITH ALUM. CAP
P.O.B.- POINT OF BEGINNING
CCFN- COUNTY CLERK FILE NUMBER,
LUBBOCK COUNTY, TEXAS
SOUTH LUBBOCK SANITARY SEWER
EXTENSION RELOCATION PROJECT
Parcel 3 - Permanent Easement
PERIMETER SURVEY OF A
0.160 ACRE PARCEL LOCATED IN
SECTION I, BLOCK AK
LUBBOCK COUNTY, TEXAS
STATE OF 7EXAS
CCnV 201904/973
PARCEL 2
Note: No abstract of title or title commitment was provided to
this surveyor. Record research done by this surveyor was made
only for the purpose of determining the boundary of this
property and of the adjoining parcels. Recorded or unrecorded
documents other than those shown on this survey may exist and
encumber this property.
re
OF
O tl�
JOHN E. AI LEN
f4aHUGO REED
AND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
Bearings are relative to the Texas Coordinate System of 1983,
North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
John E. Allen, Registered Professional Land Surveyor No.5895
Surveyed on the ground.
March 10, 2020
Copyright 2020, Hugo Reed and Associates, Inc. Page 1 of 21
DESCRIPTION FOR PARCEL 3
METES AND BOUNDS DESCRIPTION of a 0.160 acre parcel located in Section 1, Block AK, Lubbock County, Texas,
being a portion of 1.500 acres described in County Clerk File Number (CCFN) 2017004577, Official Public Records,
Lubbock County, Texas (OPRLCT), being finther described as follows:
BEGINNING at a 5/8" iron rod with aluminum cap marked'TX DEPARTMENT OF TRANSPORTATION - ROW' found
(N=7,238,216.68', E=937,708.70') in the West line of said 1.500 acre tract and in the East line of a 1.500 acre tract described
in CCFN 2015040893, OPRLCT, and at the Southwest comer of a 0.546 acre tract conveyed to the State of Texas, acting by
and through the Texas Transportation Commission described in CCFN 2019032253, OPRLCT, and at the Southeast comer
of a 0.532 acre tract conveyed to the State of Texas, acting by and through the Texas Transportation Commission described
in CCFN 2018032523, OPRLCT, which bears S. 88°02'16" E. a distance of 1746.14 feet and S. 01°5744" W. a distance of
160.70 feet from the Northwest corner of said Section 1, Block AK, for a point of curvature and the Northwest corner of this
parcel;
THENCE Southeasterly along the South line of said 0.546 acre State of Texas tract, being a curve concave to the Southwest,
having a radius of 15,840.00 feet, a chord bearing S. 87°00'04" E. (CCFN 2019032253 calls S. 87°02'44" E.) and a chord
distance of 232.26 feet (CCFN 2019032253 calls 232.28 feet), to a 5/8" iron rod with aluminum cap marked'TX
DEPARTMENT OF TRANSPORTATION - ROW' found in the East line of said 1.500 acre tract described in CCFN
2017004577 and at the Southeast comer of said 0.546 acre State of Texas tract and at a comer of a 22.235 acre tract
conveyed to the State of Texas, acting by and through the Texas Transportation Commission described as Tart 2' in CCFN
2019041973, OPRLCT, for the Northeast comer of this parcel;
THENCE S. 01 °46'06" W. along the East line of said 1.500 acre tract described in CCFN 2017004577 a distance of 30.01
feet to a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' set in the West line of said 1.500 acre tract for the
Southeast comer of this parcel;
THENCE parallel with and 30.00 feet South of said South line of said 0.546 acre State of Texas tract, Northwesterly along a
curve concave to the Southwest, having a radius of 15,810.00 feet, a chord bearing N. 86°59'56" W. and a chord distance of
232.26 feet to a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' set in the common line of both said 1.500
acre tracts, for the Southwest comer of this parcel;
THENCE N. 01 046'06" E. along the said common line of both 1.500 acre tracts a distance of 30.00 feet to the Point of
Beginning.
SOUTH LUBBOCK SANITARY SEWER
EXTENSION RELOCATION PROJECT
Parcel 3 - Permanent Easement
PERIMETER SURVEY OF A
0.160 ACRE PARCEL LOCATED IN
SECTION I, BLOCK AK
LUBBOCK COUNTY, TEXAS
John E. Allen, Registered Professional Land Surveyor No.5895
OF HUGO REEQ
sTLy AND ASSOCIATES, INC.
✓� �'i c/3 LAND SURVEYORS 1601 AVENUE N
JOHN E. ALLE CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 100676.00 PHONE: 806 / 763-5642
C .6 5895 y ,Q! TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
B lO Bearings are relative to the Texas Coordinate System of 1983,
R North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
Surveyed on the ground.
March 10, 2020 Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 2
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Plnlon County Clerk
Lubbock County TEXyS
10/19/2021 02:64 PM
FEE: $54.00
2021 S377g
"WEST TEXAS TITLE COMPANY
FILE NO. 2��:2 �
Resolution No: 2021-RO235
2021053774 9 PGS EASE
■111 11% 11H.0% KW'l IMLIVU41 11I 111
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
GRANTOR, LANDSOME I, LLC, a Texas Limited Liability Company whose address is
4818 Berkman Dr., Apt. 3149, Austin, TX 78723, for a valuable consideration, to them paid by
The City of Lubbock, Texas (the "Grantee") with offices at 1314 Avenue K, 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 lands, described in Exhibit A (hereinafter called the "Lands" or
"Easement Lands") situated in Lubbock County, Texas.
Grantor hereby grants to Grantee a perpetual exclusive Easement together with the right to
install, survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace,
repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off)
valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring
test stations, pipeline markers, fence gates, impressed current deep well anode stations with power
supplies, flow meters, system communication lines and splice boxes, roadways, 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, waste water and effluent
through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall
be as described herein and on Exhibit A attached hereto and incorporated herein, and hereby made
a part hereof by reference to describe the Easement and the Lands.
For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, 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 all purposes incidental and/or related to the
Permitted Uses, including but not limited to: (a) the right to perform all Permitted Uses
related to the Pipeline System; (b) the right (for men, material, and equipment) of
unimpaired ingress and egress and regress, entry and access in, to, through, on, over, under
and across said Easement granted herein, with the right to ingress and egress and regress
to and from and access on and along said Easement, for any and all purposes necessary and
or incident to the Permitted Uses; and (c) the right to locate the Pipeline System through,
over, under, upon, across and within the Easement for the purpose of water/waste
water/effluent transportation.
Final Easement Form
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 and with due care for Grantors'
property, business and operations. 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.
3. The Easement granted herein shall be for the transportation of water, wastewater, and/or
effluent regardless of source, and shall continue in full force and effect unless Grantee
should abandon the Pipeline System as identified herein. The rights granted to Grantee
herein may be abandoned solely by a formal resolution of its governing body that
authorizes the abandonment of the Pipeline System. Any such abandonment will not be
effective until it is evidenced by notice in writing, signed by the Grantee's official
representative, and filed of record in the county where the Lands are located.
4. The Easement Term is hereby defined as the period of time beginning with the granting of
the Easement and continuing until such time that the Easement is abandoned by Grantee as
set forth in paragraph 3 above.
5. Grantors and Grantee agree that during Permitted Uses related to the Pipeline System, any
and all trees, dirt, raw materials, timber, spoil piles, excess dirt, wood, bushes, shrubs and
brush, and other debris materials resulting from site preparation cleared from the Easement
and remaining after the Pipeline System is in place shall, be removed by Grantee from
Lands and from Grantors' property.
6. Grantee shall keep the Easement in good order, condition and repair following any work
related to Permitted Uses on the Pipeline System. Notwithstanding anything contained
herein to the contrary, although the Grantee may reconstruct any roadway crossed by
Grantee in exercising its rights hereunder, Grantee assumes no maintenance for any road
reconstructed as a result of Grantee's use of the Easement and Grantee expressly waives
same, which waiver is acknowledged by Grantors.
7. Grantee shall be responsible for obtaining all permits necessary to construct and operate
the Pipeline System on the Easement.
& During construction of the Pipeline System, Grantee shall provide reasonable access to
Grantors' property. Within the Easement, Grantee shall have the right to cut fences and
install gates to enable Permitted Uses for the Pipeline System.
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
Final Easement Form 2
Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's
property at the sole discretion of the Grantee.
10 Grantee shall exercise due care and diligence in the use of the rights and privileges herein
granted to it. In case of abandonment of said Easement as provided in 3 above, 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.
11. Grantors warrants and represents that the title to the Lands described herein are vested in
the Grantors, free and clear of any liens and/or encumbrances. Grantors shall provide to
Grantee an executed release from any lien holder, tenant, lessee, or other party having an
interest in the Lands.
12 Grantors shall procure and have recorded without cost to Grantee 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 Grantors. Grantee agrees to cooperate and aid Grantors, if
necessary, to obtain any curative documents needed.
13. Grantee shall have the right to use Grantors' property located immediately adjacent to the
Easement for the following:
A. detouring around natural impediments within the Easement; or
B. the construction, maintenance, repair and removal of the Pipeline System within the
Easement.
14 "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.
15. 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.
16. 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.
17. The provisions of this Easement shall be binding upon and inure to the benefit of the
successors and assigns of the respective parties hereto.
I& 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
Final Easement Form
matter shall be effective. This Easement may be modified in writing only, signed by the
parties in interest at the time of the modification.
19 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.
20 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.
21. 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 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.
A. To the extent that Grantors owns 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 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) Grantors reserve and except from this release and retains for themselves, their
successors and their 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) 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.
22 Grantee shall have the right to approve the location and means of future third -party
pipelines which will cross Grantee's pipeline system and come within the Easement.
Grantee will not withhold reasonable crossing requests, but will act in a manner to protect
the Grantee's Pipeline System and Grantee's Easement.
Final Easement Form 4
23. Grantor shall not construct, and Grantee shall have the right to prevent the future
construction of temporary or permanent wells, buildings, structures, signs, obstructions,
trees, shrubs, or fences, or other facilities or improvements of any kind ("Unpermitted
Structures") on the Easement Property. If any Unpermitted Structures are hereafter
constructed or permitted by Grantor to exist within the Easement Property without prior
written consent of Grantee, then Grantee shall have the right to remove the same and
Grantor agrees to pay to Grantee the reasonable actual costs of such removal. Grantor may
not construct buildings, structures, or other facilities within the Easement without the
specific written consent of Grantee.
24. Nothing contained herein shall be construed as a waiver by the Grantee of immunity of any
kind or type, including without limitation, waiver of immunityfrom liability and immunity
from suit, and the Grantee shall retain all such immunities, except as may be otherwise
waived pursuant to applicable laws of the United States or State of Texas.
[ Signatures of the Parties on Next Page]
Final Easement Fort 5
EXECUTED this J �I day of(6+" LC,. r- , 2021 ("Effective Date").
GRANTOR:
LANDSOME I, LLC
a Texas Limited Liability Company
By: k 1 r.7�Io,c�
11
Patti Fonner, Manager 74
STATE OF TEXAS §
COUNTY OF 1!KY$'Id -1'r-,-s §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and state,
on this day personally appeared Patti Fonner, in her capacity as Manager of LANDSOME I, LLC,
a Texas limited liability company, for the purposes and consideration expressed, and in the
capacity hereinabove stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19 -day ofLeb2j cr 2021.
Notary Public, State o Texas
MARCOS E. BASALDUA
P 9
_Notary Public, State of Texas _
Comm. Expires 01 OS 2025 printed Name of Notary 1dr
Notary ID 132857826
My commission expires: Cif --04- 70Z6
Final Easement Form 6
SCALE: 1"=100'
,W STATE as TEXAS
N~AYEASEAENT
kX 487 AG 54
40'STAAFOr TEXAS
MGHWAYEASE1IENT
Curve Table
Curve #
Chord Direction
Chord Distance
Radius
Cl
N87050113"W
205.80'
15810.00'
C2
N88018'06'W
26.72'
7928.00'
C3
S88018'03"E
26.73'
7958.00'
[--&
S87°50'16"E
205.79'
15840.00'
kX 450, PG 701
------------------------
--
•------------------------
30'SANTARr_,ewRE4SE vvr -
C1 WZO/5010-We
-------------------------
STATE OF TEXAS
I
I
STATE a' TEXAS
C09112019041973
CCnV 201803M3
PARCEL 2-A
F.M. 1585 — — —
Line Table
Line # Length Direction
Ll 30.00' S01046' 06"W
L2 30.00' N01- 46' 06"E
SECTTAV 2/, &E-2
SEC7XW/ &'AOarAr
--------------------------------------------
P.O.B.—
------------- •---------------
N= 7,238,216.68'
E= 937,708.70'--------------- --
I
I
STATE CV TEXAS
C09V 20/9001AW I STATE CI, TEXAS
C'CnV 2019041973
PARCELS
PARCEL 2
REM4/IOER CF /.5010 AMES
LAAMW4 LLC
C09V R7/5040893
LEGEND:
- SURVEYED PROPERTY
—-
ADJACENTPROPERTY
----- -RIGHT-OF-WAY
------ -EASEMENT
- SET 1/2" ROD W/CAP
Q - FD. 1/2" ROD WCAP
Q - FD. 5/8" IRON ROD
Qo - FD. 5/8" IRON ROD WITH ALUM. CAP
P.O.B.- POINT OF BEGINNING
CCFN- COUNTY CLERK FILE NUMBER,
LUBBOCK COUNTY, TEXAS
SOUTH LUBBOCK SANITARY SEWER
EXTENSION RELOCATION PROJECT
Parcel 4 - Permanent Easement
PERIMETER SURVEY OF A
0.160 ACRE PARCEL LOCATED IN
SECTION I, BLOCK AK
LUBBOCK COUNTY, TEXAS
John E. Allen, Registered Professional Land Surveyor No.5895
REMAAOER Cry- /.500 AOM-S
LAWSOW,C LLC
C09V 2017004577
REAMAAVD? 00' /06 66Y ACYTES
/-'W5DE1aaEAENT, LLC
C09V Z 14021R569
Note: No abstract of title or title commitment was provided to
this surveyor. Record research done by this surveyor was made
---------------- only for the purpose of determining the boundary of this
property and of the adjoining parcels. Recorded or unrecorded
documents other than those shown on this survey may exist and
encumber this property.
ARHUGO REEL)
OF AND ASSOCIATES, INC.
R
'YN LAND SURVEYORS 1601 AVENUE N
JOHN E. ALLEN CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642
5895 V TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
B 10 Bearings are relative to the Texas Coordinate System of 1983,
R North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
Surveyed on the ground.
March 10, 2020 Copyright 2020, Hugo Reed and Associates, Inc. Pagel of 2
DESCRIPTION FOR PARCEL 4
METES AND BOUNDS DESCRIPTION of a 0.160 acre parcel located in Section 1, Block AK, Lubbock County, Texas,
being a portion of 1.500 acres described in County Clerk File Number (CCFN) 2015040893, Official Public Records,
Lubbock County, Texas (OPRLCT), being further described as follows:
BEGINNING at a 5/8" iron rod with aluminum cap marked'TX DEPARTMENT OF TRANSPORTATION - ROW' found
(N=7,238,216.68', E=937,708.70') in the East line of said 1.500 acre tract and in the West line of a 1.500 acre tract described
in CCFN 2017004577, OPRLCT, and at the Southwest corner of a 0.546 acre tract conveyed to the State of Texas, acting by
and through the Texas Transportation Commission described in CCFN 2019032253, OPRLCT, and at the Southeast corner
of a 0.532 acre tract conveyed to the State of Texas, acting by and through the Texas Transportation Commission described
in CCFN 2018032523, OPRLCT, which bears S. 88102'16" E. a distance of 1746.14 feet and S. 01°5744" W. a distance of
160.70 feet from the Northwest comer of said Section 1, Block AK, for the Northeast comer of this parcel;
THENCE S. 01 046'06" W. along the common line of both said 1.500 acre tracts a distance of 30.00 feet to a 1/2" iron rod
with yellow cap marked'HUGO REED & ASSOC' set at a point of curvature, for the Southeast corner of this parcel;
THENCE parallel with and 30.00 feet South of the South line of said 0.523 acre State of Texas tract, Northwesterly along a
curve concave to the Southwest, having a radius of 15,810.00 feet, a chord bearing N. 87°50' 13" W. and a chord distance of
205.80 feet to a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' set at a point of compound curvature, for a
corner of this parcel;
THENCE parallel with and 30.00 feet South of the South line of said 0.523 acre State of Texas tract, Northwesterly along a
curve concave to the Southwest, having a radius of 7,928.00 feet, a chord bearing N. 88° 18'06" W. and a chord distance of
26.72 feet to a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' set in the West line of said 1.500 acre tract
described in CCFN 2015040893, for the Southwest comer of this parcel;
THENCE N. 01 046'06" E. along said West line of said 1.500 acre tract described in CCFN 2015040893 a distance of 30.00
feet to a 1/2" iron rod with yellow cap marked'HUGO REED & ASSOC' set at a point of curvature at the Southwest corner
of said 0.523 acre State of Texas tract and at a corner of a 22.235 acre tract conveyed to the State of Texas, acting by and
through the Texas Transportation Commission described as Part 2' in CCFN 2019041973, OPRLCT, for the Northwest
corner of this parcel;
THENCE Southeasterly along the South line of said 0.523 acre State of Texas tract, being a curve concave to the Southwest,
having a radius of 7,958.00 feet, a chord bearing S. 88°18'03" E. (CCFN 2018032523 calls S. 88°18'05" E.) and a chord
distance of 26.73 feet, to a 5/8" iron rod found at a point of compound curvature, for a comer of this parcel;
THENCE Southeasterly along the South line of said 0.523 acre State of Texas tract, being a curve concave to the Southwest,
having a radius of 15,840.00 feet, a chord bearing S. 87°50'16" E. and a chord distance of 205.79 feet to the Point of
Beginning.
SOUTH LUBBOCK SANITARY SEWER
EXTENSION RELOCATION PROJECT
Parcel 4 - Permanent Easement
PERIMETER SURVEY OF A
0.160 ACRE PARCEL LOCATED IN
SECTION 1, BLOCK AK
LUBBOCK COUNTY, TEXAS
OF
l S 7
451�d� 1
JOHN E. ALLEN
HUGO REED
AND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 100676.00 PHONE: 806 / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
Bearings are relative to the Texas Coordinate System of 1983,
North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002452
John E. Allen, Registered Professional Land Surveyor No.5895
State of Texas
Surveyed on the ground.
March 10, 2020
Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 2
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXAS
10/19/2021 02:64 PM
FEE: $54.00
2021053774
Loop 88 Relocation of Sanitary Sewer Easements
Parcels 1-4
Parcel 1 - 0.037 acres
Parcel 2A - 0.678 acres
Parcel 4 - 0.160 acres
Parcel 2 - 1.957 acres
Parcel 3 - 0.160 acres
130TH ST FM 1585
PARCEL PARCEL C, i
2'A _ PYAwR'CEL 2
IW
04,0 city of
r ;-
`Lubbock
TEXAS
As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes
and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. it does not represent an
on -the -ground survey and represents only the appropmate relative location of property boundaries.
Parcels 1-4 - Total of 2.992 acres
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Legend N
Parcel 2A
1 3
-2 -4