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HomeMy WebLinkAboutResolution - 2015-R0010 - 1585 Easement - 01/08/2015lution No. 2015-R0010 No. 5.17 ary 8, 2015 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council hereby accepts on behalf of the City of Lubbock an Easement described on Exhibit "A" attached hereto and incorporated herein by reference, located in Section 1, Block AK, Lubbock, Lubbock County, Texas, and related documents. Said Deed 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. THAT any closing costs be paid in connection with the purchase of the property are approved herein. Passed by the City Council on January 8, 2015 GLE .ROB RTSON,MAYOR ATTEST: Reb ca Garza, City Secret APPROVED AS,TO CONTENT: R. Keith Smith, PE., Director of Public Works .Ef Dave Booher, Right -of -Way Agent APPC ROy,ED AS TO FORM: Chad Weaver, City Attorney RES.Easement- 15 85-6,A9,9A&9B 12.4.14 Resolution No. 2015-R0010 File and Return to Dave Booker R.O.W. /City of Lubbock STATE OF TEXAS COUNTY OF LUBBOCK EASEMENT KNOW ALL MEN BY THESE PRESENTS, EASE 2015003388 19 PGS THAT 1585 DEVELOPMENT, LLC, a Texas limited liability company, hereinafter referred to as "Grantor", whether one or more, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13th 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 `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 Eauipment Grantor hereby grants to Grantee a perpetual exclusive Easement to install transmission lines and to survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test stations, pipeline markers, fence gates, impressed current deep well anode stations with power supplies, flow meters, system communication lines and splice boxes, pipeline trail road on non cultivated areas, and 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 and/or waste water 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.' Further, Grantor hereby grants unto Grantee a temporary construction easement (the "Temporary Easement') for the construction and installation of the Pipeline System through, over, under, upon, across and within the lands located adjacent to, and abutting, the Easement (the "Temporary Easement Area") as more specifically described on Exhibit B as well as for all other purposes identified in 13 below. The Temporary Easement shall terminate and expire upon on January 31, 2016. 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 Grantor and accepted by Grantee subject to the following terms, covenants, obligations and conditions: 1. Grantee may use and occupy the Easement for the purpose of. (a) the right to perform Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (c) the right Final Easement & Temporary Easement Form to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water/waste water 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, in compliance with all Legal Requirements, and with due care for Grantor's 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 and/or waste water, regardless of source, and shall continue in full force and effect unless Grantee should abandon the Pipeline System as identified herein. The rights granted to Grantee herein may be abandoned solely by a formal resolution of its governing body that authorizes the abandoriment 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. 5. Unless Grantor agrees otherwise in writing, Grantee agrees that during Permitted Uses related to the Pipeline System, any and all trees, dirt, raw materials, timber, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall, at Grantee's option, be either burned on site, buried, or removed by Grantee from Grantor's property and disposed of properly. If such debris is burned on site, the Grantee shall have constant watch over bum piles with adequate fire fighting equipment on site. 6. Grantee shall keep the Easement in good order, condition and repair following any work related to Permitted Uses on the Pipeline System. 7. Grantee shall be responsible for obtaining all permits necessary to construct and operate the Pipeline System on the Easement. Without limiting the foregoing, and to the extent required, Grantee will secure and maintain any and all environmental permits required by the Texas Commission on Environmental Quality covering the Easement. Final Easement & Temporary Easement Fomt 2 8. During construction of the Pipeline System, Grantee shall provide reasonable access to Grantor's 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 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 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, free and clear of any liens and/or encumbrances. Grantor shall provide to Grantee an executed release from any lien holder, tenant, lessee, or other party having an interest in the Lands. 12. Grantor shall procure and have recorded without cost to Grantee 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 Grantor. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents needed. 13. Grantee shall have the right to use Grantor's property located immediately adjacent to the Easement and as described on Exhibit B attached hereto and incorporated herein as thought set forth verbatim 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. Final Easement & Temporary Easement Form 3 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 Grantor owns any portion of any mineral estate, leasehold estate and/or royalty interest of any kind or character under the Lands defined herein, Grantor surrenders and releases its surface drilling rights and all other rights of surface use of the 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. Final Easement & Temporary Easement Form 4 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. 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. All requirements and obligations of Grantor and Grantee relating to the Easement shall also apply in all respects to the property described in Exhibit B. 24. Nothing contained herein shall be construed as a waiver by Grantee of immunity of any kind or type, including without limitation, waiver of immunity from liability and immunity from suit, and Grantee shall retain all such immunities, except as may be otherwise waived pursuant to applicable laws of the United States or State of Texas. TO HAVE AND TO HOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the terms and conditions hereof. [ Signatures of the Parties on Next Page ] Final Easement & Temporary Easemcnt Form 5 41 EXECUTED this � day of -er-n r , 2014 ("Effective Date"). GRANTOR: 1585 DEVELOPMENT, limited liability company By: Thomas Payne, LLC, a Texas GRANTEE: Title: Mayor ATTEST: Rebec Garza, City S'ecretaT APPROVED, AS TO. CONTENT: V Final Easement & Temporary Easement Form THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me onp—iCSajjjtyi-^ 2014, by Thomas Payne, Manager of 1585 DEVELOPMENT LLC, a Texas limited liability company, on its behalf. ,a io�•`e'- WHIiNEYCRUMP • Notary public, Sio}e of Texas Notary Public in and Itor the State of q'•!"�: °! MY Commission Expires My Commission Expires: r-pn yE4,-, S, 02 b 1 to STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on CL 9 , 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule rporation on behalf of said Texas Home Rule Corporation. ��s"OD, CELIA WEBS Notary pt�olic, 'tale �f Texas01 My Commission Erb res 0381.2018 Final Easement & Temporary Easement Form 'k- NotarQb,lic, State of TeXQ-5 Cej;CL W Printed Name of Notary My commission expires: 0 3_ p I. A0 / g THE STATE OF TEXAS THE COUNTY OF LUBBOCK That HAPPY STATE BANK duly organized and existing under the laws of the State of Texas, for and in consideration of the sum of TEN AND N0/100 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 on 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 plat. IN WITNESS WHEREOF, the said HAPPY STATE BANK has caused these presents to be signed by its duly authored officer at Lubbock, Lubbock County, Texas, on rsaQyr° M V -- ,V 2014. HAPPY STATE BANK By: 4'e'e Printed Name: Title: Final Easement & Temporary Easement Form Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Form t27.17ALWES ALBERT-WEELL, INC. VOL. 733Q PG. 257 SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 9 - Permanent Easement PERIMETER SURVEY OF A 0.796 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS 60.28 ACRES REAL FRO°ERTYRESOURCES, /NC. CZFAVMIO037777 40'STATE' TEXAS/p "EAS90ff 40'SWE OF 7EX4sh%i YAYEASEkENr M. 4912 M MI Line Table Line # Length Direction LI 1156.45' N880 02' 16"W L2 30.00' N01 ° 46'06"E L3 1156.45' S880 02' 16"E L4 30.00' S01° 46' 06"W Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002488 Surveyed on the ground. Octoberb 014 RunE. Allen ercd Professional Land Surveyor No. 5895 State of Texas 106.669 ACRES 15850EIELCWAENT, LLC CCF#2014024569 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. POINT OF 130th NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - FOUND 1/2" IRON ROD WITH CAP e - SET 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 Co. SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 9 - Permanent Easement PERIMETER SURVEY OF A 0.796 ACRE TRACT LOCATED IN SECTION I, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.796 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the East line of said 106.669 acre tract which bears S. 01 °46'06" W. a distance of 90.00 feet and S. 88'02'16" E. a distance of 2090.45 feet from a cross cut nail found at the Northwest comer of said Section 1, Block AK, for the Southeast comer of this parcel; THENCE N. 88002'16" W. a distance of 1156.45 feet to a 1/2" iron rod with cap set in the West line of said 106.669 acre tract, for the Southwest comer of this parcel; THENCE N. 01°46'06" E. along the West line of said 106.669 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northwest of this parcel; THENCE S. 88002'16" E. a distance of 1156.45 feet to a 1/2" iron rod with cap set in the East line of said 106.669 acre tract, for the Northeast comer of this parcel; THENCE S. 01°46'06" W. along the East line of said 106.669 acre tract a distance of 30.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description Surveyed on the ground October 6, 2014 E, l,e L ]r E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 Copyright 2014, Hugo Reed and Associates, Inc. for the w1c use offfle Co. Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Easement Form 10 5 ^;a/ppSO N o 0 `O W �n O 6w•� y O < � w �j � •• s.no R 6- Z, n p n !p F y pW OH N p �• �7 8 U O. i R N !t N y2 U� G 'O�' C -J O •�� r y O g o � V x Y� z Q J, u� HH D Z y C �2E -0 O _ S 0 C7 m ti g 1/.008 AMES m � � $ y y KELSEYP,4RK,L 7D. JRC.,OAGES Z h7 O .aZ Sp 51 CGFAM13046416 FPW ESTO?$ LLC z �•3b '�9�� _ cCAI m CCYA'c'Y�7044643 G x p ,^ XC1pV9 &C rAY -oc-WiQY u ^' o secnw t etocrarwes a. sas by AVE INDIANA \ 1 G1 H y L4 _a. L2 r tz n 106.669 AMES -31 O > ccn 1585 DEVEL OoEAENT, LLC 'h" > Q n CCFAM1404WS69 a 0 Otz ~�� H add p ry s o p� n Ra.2''�y'lo�n -n h7 by tr1 n�w��� O 6 P a ry rn s� a0 pp X 7� F>�1 &��o "o^"0 'Z y 0o'v' �p0ii r O O O Ln 'JMCD_ O P IZC �> •OOH m� S9 S. z a o oo Zr�o� E» yyC00C <.. e A w o mA oRl nNvo z y A o. E 2p (A TT •3a iNN y O C ^ O a6.9 �C Ho 9' r S �C. po »� � =.o g C. 0 on lt��C' w a a '5 zo D mn=ltn ->-1 an ao W MAO $ N m � M JQJ��G • X7'7 ?�+ro9z n� N r m r J W J W p 'tea g a S s N z � c c o w � w O N O A O A a J T N A O SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 6-A - Temporary Easement PERIMETER SURVEY OF A 1.176 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.176 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the North line of said 106.669 acre tract which bears S. 88'02'16" E. a distance of 55.00 feet and S. 01'46'06" W. a distance of 934.00 feet from a cross cut nail found at the Northwest comer of Section 1, Block AK, for the Northwest comer of this parcel; THENCE S. 88002'16" E. along the North line of said 106.669 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northeast comer of this parcel; THENCE S. 01046'06" W. a distance of 1707.41 feet to a 1/2" iron rod with cap set in the South line of said 106.669 acre tract and in the North line of a 160 acre tract described in CCFN 2013046960, OPRLCT, for the Southeast corner of this parcel; THENCE N. 88007'10" W. along the common line of said 106.669 acre tract and said 160 acre tract, a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 01046'06" E. a distance of 1707.45 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description Surveyed on the ground October 6, 2014 t. E, 0s[ , JU E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2014, Hugo Acedaod Ms date; Inc. for the w1c uw of 70e Co. SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 9-A - Temporary Easement PERIMETER SURVEY OF A 0.531 ACRE TRACT LOCATED IN SECTION I, BLOCK AK LUBBOCK COUNTY, TEXAS SCALE: t"=150' pc N 40'STATEW 7EYAs//dnYAY PM. 487, M. 54 EASExENT 40'STiarEO 7EW~AYEA.SEfE Y2. 49Q R: M/ Line Table W Length Direction LI Z S01°46'06"W W 1156.45' N88e 02' 16"W L3 Q ±27./7ACRES F- Z AL8ERTSKEELL, /NC. 60.28ACRES VM. 7338, PG. 257 REAL PRCFERTYRESIX/RCES, hVC. LL CL'F#27/0037777 pc N 40'STATEW 7EYAs//dnYAY PM. 487, M. 54 EASExENT 40'STiarEO 7EW~AYEA.SEfE Y2. 49Q R: M/ Line Table Line # Length Direction LI 20.00' S01°46'06"W L2 1156.45' N88e 02' 16"W L3 20.00' N01 a 46'06"E L4 1156.45' S88e 02' 16"E Bearings aro relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances am surface, U.S. Survey feet. Combined Scale Factor: 1.0002488 Surveyed on the ground. FEAllen, 144 fessional Land Surveyor No. 5895 State of Texas 106:669 A04£S /585DEWLCFEWAT, LLC CCF,WP0/4024569 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. POINT OF BEGINNING NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - FOUND 1/2" IRON ROD WITH CAP p - SET 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2 Reed and Associate; Inc. Pot the sale use of Title Co. SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 9-A - Temporary Easement PERIMETER SURVEY OF A 0.531 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.531 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the East line of said 106.669 acre tract which bears S. 01'46'06" W. a distance of 90.00 feet and S. 88'02'16" E. a distance of 2090.45 feet from a cross cut nail found at the Northwest comer of said Section 1, Block AK, for the Northeast comer of this parcel; THENCE S. 01046'06" W. along the East line of said 106.669 acre tract a distance of 20.00 feet to a 1/2" iron rod with car set for the Southeast of this parcel; THENCE N. 88002'16" W. a distance of 1156.45 feet to a 1/2" iron rod with cap set in the West line of said 106.669 acre tract, for the Southwest comer of this parcel; THENCE N. 01046'06" E. along the West line of said 106.669 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap set for the Northwest comer of this parcel; THENCE S. 88002'16" E. a distance of 1156.45 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description Surveyed on the ground October 6, 2014 2 L 00, J E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Copyright 2014, Hugo Reed for GF # and any other ident 2 of SCALE: I"=150' 227.17A07E5 ALBERT S FELL, INC. VOL. 73M, PG. 257 SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 9-B - Temporary Easement PERIMETER SURVEY OF A 0.531 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS 60.26 ACRES REAL PRGPERTYRES0URCES, INC. COrAV2010037777 1585 40'SWEW rE IIGysyAYEASgWff �M 4e7 x s4 STREET 9 '$rA7E X4SmawA, 701 (T-4) (T-4) Line Table Line # Length Direction Ll 20.00' S01" 46' 06"W L2 1156.45' N880 02' 16"W L3 20.00' N01 a 46' 06"E L4 1156.45' S88° 02' 16"E Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002488 Surveyed on the ground. Octob�er� ,,,0 )214 � "CIt 2a E. Allen Registered Professional Land Surveyor No. 5895 State of Texas 106.669 ACRES 1565DEWLOPEAEN7, LLC CO5,#2014024569 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. POINT OF BEGINNING NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - FOUND 1/2" IRON ROD WITH CAP O - SET 112" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2 Hugo Reedend Associetu Inc. for Ile sale useofl'itle Co. SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 9-13 - Temporary Easement PERIMETER SURVEY OF A 0.531 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.531 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap found in the East line of said 106.669 acre tract and in the South line of a 40.00 foot State of Texas highway easement described in Volume 490, Page 701, Deed Records, Lubbock County, Texas, which bears S. 01'46'06" W. a distance of 40.00 feet and S. 88'02'16" E. a distance of 2090.45 feet from a cross cut nail found at the Northwest comer of said Section 1, Block AK, for the Northeast comer of this parcel; THENCE S. 01046'06" W. along the East line of said 106.669 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap set for the Southeast of this parcel; THENCE N. 88002'16" W. a distance of 1156.45 feet to a 1/2" iron rod with cap set in the West line of said 106.669 acre tract, for the Southwest comer of this parcel; THENCE N. 01046'06" E. along the West line of said 106.669 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap found in the South line of said 40.00 foot State of Texas highway easement, for the Northwest comer of this parcel; THENCE S. 88002'16" E. along the South line of said 40.00 foot State of Texas highway easement a distance of 1156.45 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description Surveyed on the ground October 6, 2014 - 00k, E. Allen Registered Professional Land Surveyor No. 5895 State of Texas for GF N end Sheet 2 of 2 FILED AND RECORDED ��- OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS February 04, 2015 08:37:30 AM 2015003388 FEE: $94.00