HomeMy WebLinkAboutResolution - 2021-R0346 - Pipeline Easement Agreement with Lake Alan Henry Water District 9.14.21Resolution No. 2021-R0346
Item No. 7.31
September 14, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an Easement in connection with certain
property located in Garza County, Texas by and between the City of Lubbock and the Lake
Alan Henry Water District, 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 the 14th _day of September
DANIEL M. POPE, MAYOR
04W1*1In
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Rebe ca Garza, City Se ret ry
I:1 > > CZI]1/ 1117:F.�IZ�Z1�
Jesi McEache sistant City Manager
APPROVED AS TO FORM:
2021.
Resolution No. 2021-R0346
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
The City of Lubbock, Texas, ("Grantor") with street address of 1314 Avenue K, Lubbock,
Texas 79401, for a valuable consideration, to it paid by The Lake Alan Henry Water District (the
"Grantee") with an address of , the receipt and
sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto
Grantee the following described perpetual exclusive easement, servitude and right-of-way, as
described herein (hereinafter called the "Easement") through, over, under, upon, across and within
the following described lands, described and depicted in Exhibit A (hereinafter called the "Lands")
situated in Garza County, Texas. This agreement shall be referred to herein as "Easement
Agreement."
Pipelines and Equipment
1. Grantor hereby grants to Grantee a perpetual exclusive Easement to survey,
construct, reconstruct, install, upgrade, operate, inspect, maintain, alter, relocate, replace, repair,
and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow-ofi) valves,
valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test
stations, pipeline markers, fence gates, flow meters, system communication lines and splice boxes,
pipeline trail road, and equipment and facilities related thereto (collectively, the "Pipeline
Equipment"), or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or
related to the transportation of water through, under, upon, over, across and within the Lands. Such
perpetual exclusive Easement shall be 50 feet wide, as described and depicted in Exhibit A as
attached hereto. Further, a Temporary construction Easement is hereby granted adjacent to the
perpetual exclusive Easement which shall be an additional 50 feet. The Temporary Easement shall
terminate upon completion of all construction activities related to that portion of the Pipeline
System that requires said Temporary Easement Exhibit A is attached hereto and incorporated
herein, and hereby made a part hereof by reference to describe and depict the Easement and the
Lands. Grantee may record this Easement with a sketch, image, or other visual depiction as Exhibit
"A" generally depicting the location of the Easement and the route of the Pipeline System across
the Lands. If a sketch, image, or other visual depiction, other than a formal survey, is utilized, upon
completion of construction of the Pipeline System, Grantee shall (a) prepare and provide to Grantor
a final survey depicting the location of the Easement and (b) prepare, execute, and record in the
real property records a notice that such survey is substituted for the sketch, image, or depiction
with all references herein to the "Easement" thereafter referring to the strip of land described and
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depicted in the survey attached to such subsequent notice. Grantee shall furnish Grantor with a
copy of the recorded notice.
2. Grantee shall have such other rights and benefits necessary and/or convenient for
the full enjoyment and use of the rights herein granted, including without limitation, (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; (c) the right to locate the Pipeline System through, over,
under, upon, across and within the Easement for the purpose of water transportation; and (d) the
reasonable right from time to time to remove any and all undergrowth and other obstructions that
may injure Grantee's pipeline and appurtenances or interfere with the Permitted Uses.
3. Within the Easement, Grantee shall have the right to cut fences and install gates to
enable Permitted Uses for the Pipeline System.
4. This grant of Easement shall not preclude the right of Grantor to cultivate, use, and
enjoy the Lands for any purposes which will not constitute an interference with the Easement,
rights and privileges herein granted to Grantee, or endanger any of Grantee's property. However,
the right reserved by Grantor as to the perpetual Easement shall not include the right to erect any
buildings, reservoirs, structures, or other improvements on the perpetual Easement without the
advance written permission of Grantee.
5. Grantee covenants and agrees to construct the Pipeline System, and to perform its
obligations under this Agreement, in a prudent manner and with due professional care for Grantor's
property, business, and operations, and according to standard industry practices. In case of
abandonment of said Easement as provided herein, 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.
6. _Legal Requirements: No Interference. Grantee covenants and agrees that its use
of the Easement, and its operations conducted thereon, shall at all times comply with this Easement
Agreement and all material applicable local, state, and federal laws, orders, rules, regulations,
standards, licensing, permitting, and other legal requirements including, without limitation, all
material environmental laws, orders, rules, regulations, standards, licensing, and permitting (the
"Legal Requirements"). Further, Grantor and Grantee shall each conduct their activities in such a
manner as to not unreasonably interfere with, or cause disruption to, the other's business,
operations and property or those of a third party entering or crossing the easement.
7. Construction Specifications. Grantee covenants and agrees to construct,
maintain, repair and replace the Pipeline System in the Easement Area in accordance with the
following:
(a) Minimum Pipeline Depth. The Pipeline System shall be so located or shall
be buried at a sufficient depth so it will not interfere with farming activities
currently in practice and cultivation of the soil at the soil levels as they exist at the
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time of execution of this Easement and, in any event, the Pipeline shall be buried
at such depth as will allow a minimum coverage of forty-eight inches (48") for
current ranchland and a minimum coverage of sixty inches (60") for current
farmland. Any Pipeline Equipment that will be installed above plow depth on
cultivated lands shall only be installed at the locations identified on Exhibit A or,
if no locations are specified on Exhibit A, at such other locations that will not
interfere with farming activities and which are approved in writing by Grantor, such
approval not to be unreasonably withheld.
(b) Ditching. Unless determined by an outside engineer to be impractical, all
ditching shall be in accordance with the "double ditch" method whereby the top
eighteen inches (18") of soil (the "Top Soil") shall be removed from the Pipeline
trench (the "Trench") and stored in a pile that is segregated from all other material
and debris, and the remaining soil (the "Bottom Soil") shall be removed from the
Trench and stored in a pile that is segregated from the Top Soil. When the Trench
is refilled after the Pipeline has been laid and the Pipeline Equipment installed, the
Bottom Soil shall be placed in the trench first leaving room to fill the uppermost
eighteen inches (18") of the Trench to be filled with Top Soil. Top Soil shall be
used to fill the remainder of the Trench. Any Bottom Soil remaining after filling
the Trench shall (i) on cultivated lands, be removed from the Easement Area and
disposed of off of the property of Grantor, and (ii) on uncultivated lands, shall be
spread over the area within the Easement in a manner acceptable to Grantor and
that will not restrict or limit the re -growth of natural vegetation. Rocks or other
debris arising in connection with clearing the area over the Easement and ditching
the Trench for the Pipeline System shall be removed as set forth in Paragraph 7(h)
below. As stated above, single ditching shall be allowed in all areas where "double
ditching" is impractical (as determined by an outside engineer).
(c) Trench Leveling. Within uncultivated areas, upon completion of
construction of the Pipeline System, excess material may be mounded over the
Trench and covered with Top Soil; provided that the mound will be limited to a
maximum of one foot (1') in height and will be graded to allow natural drainage.
Within cultivated areas, upon completion of construction of the Pipeline System,
the Easement area shall be leveled to grade (or as otherwise agreed to by Grantor
in writing). In all instances the area over the Easement shall be cleaned up in a
professional manner.
(d) Maximum Open Segments. The construction, installation, maintenance,
and repair of the Pipeline System shall be performed in segments so that there is
never more than three thousand feet (3000') of open Trench at any one time and no
open segment shall be open for more than seven (7) days; provided, however, that
excavations for pipeline appurtenances and tunnel/bore crossings may remain open
for up to thirty (30) days.
(e) Compaction. Grantee shall mechanically compact all fill material to
prevent any subsidence. To the extent there exists or hereafter arises any
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subsidence or erosion arising in connection with the construction, installation,
maintenance, or repair of the Pipeline System, Grantee shall refill with top soil, re -
compact, and re -grade all affected areas and take any further action reasonably
required to return the surface to a substantially similar, or better, condition than
adjacent, undisturbed areas and prevent future subsidence or erosion. In the event
that Grantor at any time discovers any subsidence or erosion after the installation
of the Pipeline, Grantor may provide notice of such subsidence or erosion to
Grantee. Within thirty (30) days' after Grantee's receipt of such notice, Grantee
shall commence and thereafter diligently and without unreasonable delay refill with
top soil, re -compact, and re -grade all affected areas to return the affected area to
grade and to a substantially similar condition than adjacent undisturbed areas and
to prevent future subsidence or erosion.
(f) Gates. Grantee shall install gates at each existing fence to be crossed within
the Easement in order to enable Permitted Uses for the Pipeline System. Before a
fence is cut by Grantee, Grantee will set H-braces on the outside boundaries of the
Temporary Easement and Easement Area (e.g. 120 feet apart) then tie -off and cut
the fence adjacent to each H-brace. The Grantee shall then set temporary T-posts
and string barbed wire along the 120-foot opening and install a temporary barbed
wire gate or gates, as needed. At the time of construction through the affected area,
the Grantee will remove the temporary T-posts so as to permit construction
activities. At night, Grantee will install temporary fencing. Upon completion of
the subject Pipeline section, Grantee will install interior H-braces and a permanent
14-foot gate(s). Grantee will then install permanent T-posts and barbed wire to
connect the H-braces. Fences, gates, gate posts, and corners installed by Grantee
shall meet the specifications described in, and be installed as specified in, Exhibit
B attached hereto and made apart hereof and shall be installed with professional
care and according to standard industry practices. All gates installed by Grantee
shall be made of painted steel pipe. Except during construction as described above,
all fence gates on the exterior of Grantor's property shall be closed and locked at
all times, unless Grantor in its sole discretion consents to temporary cattle guards
or other arrangements. All gates on the interior of Grantor's property shall be left
as found. All cattle guards on the exterior of Grantor's property shall be closed and
locked at night unless otherwise requested by Grantor. After construction, Grantee
shall put a lock on all gates and Grantor may install its own lock on such gates;
provided, however, that at all times Grantor and Grantee shall have full and
complete access to the Easement.
(g) Debris Removal. Grantee covenants and agrees that at Grantee's sole cost
and expense any and all debris materials of any kind arising in connection with the
construction, installation, operation, inspection maintenance, replacement, repair,
and removal of the Pipeline System, including trash, trees, timber, wood, bushes,
shrubs, brush, and other debris materials (collectively, "debris"), shall be removed
by Grantee from Grantor's property and disposed of properly so as to make the
surface substantially similar to, or better than, adjacent undisturbed areas. Further,
all rocks and rubble arising in connection with the construction, installation,
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operation, inspection, maintenance, replacement, repair, and removal of the
Pipeline System will be removed from Grantor's property so as to make the surface
substantially similar to, or better than, adjacent undisturbed areas. Notwithstanding
the foregoing, Grantee and Grantor by mutual agreement may determine that (i)
Grantee may shred or mulch trees, timber, wood, bushes, shrubs, and brush and
scatter such debris over Grantor's property, (ii) Grantee may burn trees, timber,
wood, bushes, shrubs, and brush, (iii) Grantee may store or scatter rocks and rubble
at locations designated by Grantor, or (iv) any other reasonable method to dispose
of trees, timber, wood, bushes, shrubs, brush, rocks, and rubble. If any trees,
timber, wood, bushes, shrubs, and brush are burned on site, the Grantee shall
maintain constant watch over burn piles with adequate firefighting equipment on
site. Grantee further agrees that neither Grantee nor its employees, contractors,
agents nor representatives will burn any trees, timber, wood, bushes, shrubs, or
brush cleared from the Easement Area or the Temporary Easement Area during
burn bans designated by county officials.
(h) Temporary Crossings. During construction of the Pipeline System,
crossovers shall be installed by the Grantee over the Trench to provide access for
Grantor (and Grantor's personnel, equipment, and livestock) over the Trench to and
from Grantor's adjacent property (i) over all existing paved or unpaved roads and
(ii) for livestock (at no less than 500-foot intervals). Further, Grantee may, at
Grantee's option, construct temporary fencing near any open hole or trench.
(i) Reseeding. If any of the Easement Area or Temporary Easement Area
consists of grassland, Grantee shall, using the recommended procedure (either via
drill or broadcast), plant a native (e.g. native to the local area) seed mix of grass
and forbs as identified or designated by the USDA FSA office located in the county
of the Easement and subject to reasonable availability.
0) Existing Terraces, Damage to Adiacent Property.
(i) Terraces. Existing terraces in the Easement will be replaced
upon the backfill of the trench excavated in connection with the construction
of the Pipeline System. In the event that the breach of any existing terrace
results in any damage to Grantor's adjacent property or the breach of any
down grade terraces (whether or not within the Easement), Grantee shall
repair any such damage and return the surface of affected areas to a
condition substantially similar to, or better than, adjacent undisturbed areas.
(ii) Damage to Adiacent Property. In the event that the
activities of Grantee (or any of its agents, employees, contractors,
subcontractors, suppliers, or invitees and/or their equipment or vehicles)
within the Easement result in any damage or erosion to Grantor's property
located outside of the Easement, Grantee shall repair any such damage or
erosion and return the surface of the affected areas to a condition
substantially similar to, or better than, adjacent undisturbed areas.
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(k) Diversions; Terraces; Stream Beds. Grantee shall install water diversions
and terraces where necessary or appropriate in order to divert water away from
excavated areas, to prevent erosion and to permit the natural flow of water that
existed prior to construction of the Pipeline. Further, where the Easement crosses
any wet or seasonal stream beds, all Permitted Uses shall be conducted in a
recognized manner to protect said stream beds and to prevent erosion
(1) Blasting. Prior to blasting within the Easement, Grantee will notify
Grantor. However, no blasting will be permitted within five hundred feet (500') of
any existing buildings, pipelines, or wells; provided, however, that Grantor shall
provide written disclosure of the location of any such improvements that are located
underground before such blasting.
(m) Trail Road. The pipeline trail road shall not exceed twelve feet (12') in
width. The trail road shall be constructed, repaired, and maintained in a manner
consistent with Grantee's needs and purposes; provided, however, such trail road
shall include culverts and water diversions where appropriate to prevent washouts
and erosion. Grantee shall level or fill all ruts and washouts and otherwise maintain
the trail road on a reasonable basis. Grantor shall have use of such road within
Grantor's property so long as Grantor's use does not unreasonably interfere with
Grantee's use of the Easement. After completion of the construction of the Pipeline
System and except in cases of emergencies, in order to avoid ruts and washouts,
Grantee and Grantor shall use reasonable efforts to avoid the use of the trail road
when wet.
(n) Necessary Temporary Use. Grantee shall have the right to use Grantor's
property located immediately adjacent to the Easement Area for the following:
(i) On rangeland, detouring around natural impassable
impediments within the Easement, such as canyons, large boulders or large
trees; or
(ii) the repair and removal of equipment or vehicles stranded
within the Easement, but only to the extent there is not sufficient area within
the Easement to permit such repair and removal.
Except as provided in this Paragraph 7(o), Grantee (and its elected officials,
officers, agents, employees, representatives, contractors, independent contractors,
subcontractors, or any employee or invitee of any of them) shall not at any time
go upon the property of Grantor outside of the Easement and Temporary
Easement. To the extent that any such incursion upon the lands of Grantor
adjacent to the Easement results in any damage to such lands, Grantee shall be
liable for such damage and in any event covenants and agrees that the affected
areas shall be returned to the condition that is substantially similar to, or better
than, adjacent undisturbed areas.
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(o) Staking of Easement. Prior to commencement of construction of the
Pipeline System, Grantee shall stake the exterior boundaries of each side of the
Easement (e.g. the parallel lines, 50 feet apart, that mark the outside boundaries of
the Easement). Such boundary shall be staked with clearly visible, above ground
markers so that all parties can easily view the boundary of the easements. Such
markers shall be maintained until completion of construction of the Pipeline
System.
(p) Tree Grubbing. Upon commencement of work on the construction of the
Pipeline System (and prior to trenching), Grantee shall grub (using an excavator
modified to grub mesquite) all mesquite removed. All debris arising as a result of
grubbing activities will be disposed of in accordance with Paragraph 7(h) above.
Grantor acknowledges that Grantee is not liable for any re -growth of vegetation
after any Tree Grubbing identified in Paragraph 7(a) or after any double ditching
as identified in Paragraph 7(b) and that re -growth of vegetation will occur over
time.
8. Cure Period. In the event that Grantee is in violation of any of the terms of this
Agreement, Grantor shall give written notice of, and an opportunity to cure such violation to
Grantee. Grantee covenants and agrees within thirty (30) days of receipt of such notice to
commence to cure, and thereafter diligently and without unreasonable delay pursue to cure, such
violation; provided, however, that the cure of any subsidence of erosion will be completed within
one hundred and twenty (120) days after receipt of such notice to commence to cure.
9. Covenant to Maintain Pipeline. Grantee shall at all times during the term of this
Easement, at Grantee's sole cost and expense, exercise due care and diligence in the use of the
rights and privileges herein granted and keep the Pipeline System in a safe and properly maintained
condition. Grantee shall promptly make all necessary or appropriate repairs, replacements, and
renewals of the Pipeline System, and keep and maintain the Pipeline System in good order,
condition, and repair (ordinary wear and tear excepted), and in such condition as may be required
by applicable Legal Requirements. Grantee shall keep the Easement in good order, condition, and
repair and free of all debris following any work related to Permitted Uses on the Pipeline System.
10. The grant of Easement herein contained is subject to all valid and subsisting
easements, leases including oil, gas and wind energy leases, and rights -of -way of record affecting
the Lands.
11. Grantee shall procure and have recorded without cost to Grantor all assurances of
title and affidavits which the Grantor may be advised by Grantee are necessary and proper to show
in Grantor title sufficient to grant the above easement free and clear of encumbrances other than
those encumbrances expressly defined herein. Abstracts or certificates of title or title insurance
may be procured by the Grantee at its expense. The expense of recording this Easement shall be
borne by Grantee. Grantor agrees to cooperate and aid Grantee, if necessary, to obtain any curative
documents needed.
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12. As complete consideration for the above grant of easement and for all the rights
and privileges granted to the Grantee in this agreement, Grantee agrees to pay Grantor the one-
time sum of ten Dollars ($10.00), in compliance with Article II, Section G, Subsection 2 of the
Raw Water Lease Between The City of Lubbock and The Lake Alan henry Water District dated
November 1, 2018, which is incorporated herein for all purposes.
13. "Grantor" when used in this instrument, shall include The City of Lubbock's
officers, agents, servants, employees, representatives, contractors, independent contractors, and/or
subcontractors.
14. "Grantee" and/or "LAHWD" when used in this instrument, shall include The Lake
Alan Henry Water District's officers, agents, servants, employees, representatives, contractors,
independent contractors, and/or subcontractors.
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. 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, and Grantor shall
be solely limited to the remedy of actual money damages for such claims, subject to those
limitations contained in Paragraph No. 21 hereunder.
17. 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.
18. The provisions of this Easement shall be binding upon and inure to the benefit of
the successors and assigns of the respective parties hereto.
19. 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.
20. 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.
21. Limitation on certain types of damages. Neither party shall be liable to the other
party or any of such parry's affiliates in any action or claim, including without any limitation, any
action or claim for indemnity hereunder, 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.
Easement Page 8 of 16
22. Grantee agrees not to interfere with Grantor's rights to use and enjoy the Lands for
any purpose, except as limited herein, provided that any such operation or use by Grantor, or
Grantor's successors or assigns, shall not interfere with or endanger the operations or integrity of
Grantee's Pipeline System and Permitted Uses. Additionally, the Grantor will not construct any
facilities or perform any activities in or around the Easement and Lands that may violate federal
and state regulations regarding the protection of drinking water supplies and facilities that convey
such water. Grantor and Grantee agree and hereby give notice to any subsequent mineral, water,
wind or energy lessee or grantee of any interest overlying or underlying the Lands owned by
Grantor and the Easement, that Grantee will be operating the Pipeline System as a Permitted Use
as defined herein, and that no drilling, mining, or other operation shall be conducted on or in the
vicinity of the Easement and Lands which would interfere with or endanger the operations or
integrity of the Pipeline System and Permitted Uses. Further, no structure shall be placed on the
Easement, which would interfere with or endanger the operations or integrity of the Pipeline
System and Permitted Uses.
A. To the extent that Grantor owns any portion of the mineral and/or royalty
interest under the Lands defined herein, Grantor surrenders and releases its surface drilling
rights and all other rights of surface use of the Easement and Lands incident to the
production of oil, gas, hydrocarbons, minerals, wind energy, and water production subject
to the following exception and limitation:
i) Grantor reserves and excepts from this release and retains for itself, its
successors and its successors -in -interest, all rights to explore for, to drill and produce
oil, gas and other hydrocarbons underlying or situated beneath the Easement and Lands
by any means whatsoever, including wells directionally drilled from surface location
on nearby lands so long as no surface operations are performed on the Easement and
so long as such operations will not interfere with or endanger the operations or integrity
of the Pipeline System and Permitted Uses.
ii) Grantor shall include the surface use restrictions and covenants provided
herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind
rights or interests and water rights or interests.
23. Grantee shall have the right to approve the location and means of future third -party
pipelines which will cross Grantee's pipeline system. Grantee will not withhold reasonable
crossing requests but will act in a manner to protect Grantee's pipeline system.
24. This document may be executed in counterparts. Each of which shall be combined,
and when so combined, shall collectively be treated as an original.
25. This document may be executed, recorded, or otherwise evidenced using Digital
Documents and Signatures including, but not limited to, digital formats such as PDF; PNG, JPEG,
GIF, and other image -file formats, facsimile, or other digital or electronic file formats, as well as
digital images of a handwritten signature or encrypted digital signatures created through or
maintained by third -party e-signature programs, software, or providers. A Digital Document or
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Signature by a Party shall be treated as an original writing and shall be given equal dignity as a
hard -copy writing or communication.
26. The Parties each represent that they are persons or entities duly authorized to
conduct business, and the agent signing below has been duly authorized to execute this Easement
and effectuate its terms.
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.
EXECUTED this 14th day of September , 2021 ("Effective Date").
GRANTOR:
The City of Lubbock
By:
Name: Daniel M. Pope
Title: Mayor
GRANTEE:
The Lake Alan Henry Water District
By:
Name: A h v► iN16L
Title:
[Acknowledgements of the Parties on Next Page]
Easement Page 10 of 16
APPROVED AS TO CONTENT:
jl't� j 14 —ajol,
Aubrey A. Spe P.E., Dire or of Water Utilities
APPROVED AS TO FORM:
Amy s
Depu City Attorney
APPROVED AS TO FORM:
Zach S. ady
Out ' ounsel for The Lake Alan Henry Water District ("Grantee")
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Thin�zs instrume5t was acknowledged before me on
_--_ _0It
E
MY D. MAYNARD
otary Public, State of Texas
Notary ID# 13229477.4
ommission Expires 12.27-2023
My commission expires: 2-2'7-7.at
2021, by
Easement Page 11 of 16
STATE OF 7:lr-j( ftS §
COUNTY OF LUBBOCK §
Thic inetnimPnt
M.91'Cl E
Printed Name of Notary ^�
My commission expires: 5 3 a Z oZZ
2021, by
Exhibits: "A" - Description/Depiction of the Perpetual Exclusive Easement
Exhibits: "B" - Fences, Gates, Gate Posts, and Corners Specifications
Easement Page 12 of 16
Exhibit A
Description/Depiction of the Perpetual Exclusive Easement
Easement Page 13 of 16
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Exhibit B
Fences, Gates, Gate Posts, and Corners Specifications
Easement Page 15 of 16
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GUSSET PLATE ZZ
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ALL AR OUND
GATE DETAtt.
NOT TO SCALE
NOTES FOR FENCES AND GATES
1.
GATES TO BE INSTALLED AT ALL FENCE CROSSNG%
UNLESS OTNERIMSE DIRECTED BY THE OWNER
2.
ALL STEEL GATES POSTS. CROSS BRACES ETC, SMALL BE
PAINTED BLUE
3.
PROVIDE I' LINK CHAIN AROUND GATE AND WELD TO SUPPORT POST.
B.
PROVIDE ONE HEAVY DUTY LOCK PER GATE KEYED PER OWNER'S LOCKS.
4.
CONTRACTOR SHALL VERIFY EXACT LOCATION OF ALL GATES
WITH OWNER PRIOR TO CONSTRUCTION
S.
BARBED WARE SHALL BE 12 1/2 GA GALVANIZED BARBED WIRE
MINIMUM 6 STRAND FENCE OR AS PER EXISTING FENCE_ WHICH—
EVER IS GREATER. WHERE EXISTING FENCE HAS PANEL FABRIC.
INSTALL 39" PANEL FABRIC WITH 3 STRAND BARBED
NNE. 67' PANEL FABRIC WITH I STRAND BARBED WIRE MINIMUM
OR AS PER EXISTING. WHICHEVER IS GREATER
6.
CONTRACTOR SHALL INS•ALL EXTERIOR FENCE SUPPORTS AND
CONNECT TO EXISTING FENCE. PRIOR TO CUTTING EXISTING FENCE.
7.
DIMENSIONS SHOWN ARE FOR FENCES CROSSING AT PERPENDICULAR
ANGLE TO PIPELINE WHERE FENCE CROSSES PIPELINE AT SKEWED
ANGLE, DIMENSIONS SHALL BE INCREASED ACCORDINGLY.
TOP PLATE
SEE DETAIL "A'
THIS SHEET
PH
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i-T!
�`��SEE
NOTE 5STE
DETAIL
7 — SHAPE POST
*/AN040R PLATE
t
`— CONCRETE
TYPICAL GATE SUPPMT DETAIL
NOT TO SCALE
W' PLATE
Sr SCH.
40 PIPE
i
DETAIL "A"
NO SCALE
SCN.
PIPE
DETAIL V"
NO SCALE
SEE NOTE 7
N
i
a
MESH WELD
ATE FRAME
AG ON 6' C/C
2 WRI
TYPICI
WIRE TENSION SHALL 8
APPROVED BY THE OIW
4' MINIMUM 11
TYPICAL. ELEVAim AT GATE
NOT TO SCALE
Exhibit B
Lake Alan Henry Water District
Pipe Easement Gate Detail
DETAIL "C"
NO SCALE
Easement Page 16 of 16