HomeMy WebLinkAboutResolution - 2015-R0060 - Easement Section 33 Block JS - 02/26/2015Resolution No. 2015-R0060
February 26, 2015
Item No. 6.11
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 as described on Exhibit "A" attached hereto and incorporated herein by
reference, located in Section 33, Block JS, Lubbock, Lubbock County, Texas, and 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.
THAT the consideration for the Easement shall be $334.00 and that closing costs
shall also be paid in connection with the purchase of the property, said payments
approved herein.
Passed by the City Council on February 26, 2015
�e–&k —
GLt& C. ROBERTSON, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AST CON ENT:
R. Keith Smith, P.E., Director of Public Works
Dave Booher, Right -of -Way Agent
APP AS T
Chad Weaver, City Attorney
RES.Easement-Lori Hutson
11.3, 2014
Resolution No. 2015-R0060
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
Lori Hutson, a single woman, and William Robert Hutson and wife, Shirlev F. Hutson,
with an address of 5110 56th Street, Lubbock, TX 79414, herein after collectively referred to as
Grantor, 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 "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 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.
For "fen 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:
I. Grantee may use and occupy the Easement for the sole purpose of: (a) the
right to perform Permitted Uses related to the Pipeline System; (b) the right (for men,
material, and equipment) of ingress and egress and regress to and from and access on and
along said Easement granted herein, with the right to ingress and egress and regress to
and from and access on and along said Easement, for the Permitted Uses; and (c) the right
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
Piaru E�=t Ag�wf
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 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 Tenn 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, spoil piles, excess dirt, wood, bushes, shrubs and brush, and other debris
materials resulting from site preparation cleared from the Easement shall, be removed by
Grantee from Grantor's property.
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.
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.
Pipeline Ea mt Agrccmmt 2
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.
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
Pipeline Easement Ag=nmt
3
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 parry 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.
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.
Pipeline Easement Agreement 4
23. Unless determined by an outside engineer to be impractical due to the
existence of rock or material elevation change, all ditching shall be in accordance with
the "double ditch" method whereby the top twelve inches (12") of soil (the "To Soil")
shall be removed from the Pipeline System trench (the "Trench") and stored in a pile that
is segregated from all other material and debris, and the remaining soil (the "Bottom
SoiF� 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 System has been laid and the
Pipeline Equipment installed, the Bottom Soil shall be placed in the trench first leaving
room to fill the uppermost twelve inches (12") 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 be removed from the Easement and disposed of off of the
property of Grantor. As stated above, single ditching shall be allowed in all areas where
"double ditching" is impractical (as determined by an outside engineer) due to the
existence of rock or material elevation change.
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 Parries on Next Page ]
Pipeline Ea nt Agreement
EXECUTED thisl8th day of December 2014 ("Effective Date").
GRANTOR:
HUTS(5N
r
WILLIAM ROBERT HUTSON
E . HUTS N
Ct77\�YY�I�A
The City of Lubbock
By:
Name: Glen C. Robertson
Title:
ATTEST:
4ebjc�ca Garza, City Secretai
LAcknowledgements of the Parties on Next Page]
APPROVED AS TO
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Pipeline Easement Agreement
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on December
HUTSON.
NANCY FLOYD
Notary Public, Slate of Texas
My Commission Expires 08-24-2018
STATE OF TEXAS
weivinwasmienursTOR
1
Notary Public, State -oTexas
Printed Name of Notary
My commission expires:
2014, by LORI
This instnunent was acknowledged before me on nPrpmt p 2014 b
e�4� � Y
WILLIAM ROBERT HUTSON.
"p j`a NANCY FLOYD
` c Notary Public, State of Texas
...... °$ My Commission Expires 08-24.2018
STATE OF TEXAS
I Au��2&4w
No yPubli'c', N'tate—ofTexis
Printed Name of Notary
My commission expires:
§ 1 C��
This instrument was acknowledged before me on December 1 " 2014, by
SHIRLEY F. HUTSON.
NANCY FLOYD
a �
Notary Public, State of Texas
My Commission Expires 08-24.2018
STATE OF TEXAS
Printed Name of Notary
My commission expires:
Pipeline Ea nest Agreement 7
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on #, by GLEN
ROBERTSON on behalf of the City of Lubbnck, a Texas Home Rule'Corporation on behalf of
said Texas Home Rule Corporation. n
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'W2�OPRY..P,�e� �tiN
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of
Pipeline Easement Agreement
Printed Name of'Notary
My commission expires:
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Pipeline Ewement Agreement