HomeMy WebLinkAboutResolution - 2015-R0080 - Easement - 03/12/2015Resolution No. 2015-R0080
March 12, 2015
Item No. 5.5
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 11, Block JS, Lubbock, Lubbock County, Texas, for the
Northwest Water Reclamation Project, 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 $38.88 and that closing costs
shall also be paid in connection with the purchase of the property, said payments
approved herein.
by the City Council on March 12, 2015
TTEST:
Garza, City Secretary
AS TO CONTENT:
Keith Smith, P.E., Director of Public Works
Booher, Right -of -Way Agent
AS TO FORM:
, City Attorney
13
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FROOBI!!RMAYOR
1
Resolution No. 2015-R0080
EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK
GRANTOR, BAYER CROPSCIENCE LP, a Delaware Limited Partnership, with street
address of 2 T.W. Alexander Drive, Research Triangle Park, NC 27709, 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 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 Grantor and
accepted by Grantee subject to the following terms, covenants, obligations and conditions:
I. Grantee shall use and occupy the Easement for 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.
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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 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,
waste water, 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.
5. Grantor 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 shall, be removed by Grantee from Lands and from Grantor's
property-
6.
roperty6. 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 Grantor.
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.
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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 save and
except those attached hereto as Exhibit B. 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 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. Grantee
agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents
needed.
13. "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.
14. 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.
15. 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.
16. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
17. 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.
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18. 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.
19. 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.
20. 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.
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.
21. 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.
22. 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 "Top Soil")
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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
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 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.
23. 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.
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 Bayer Crop=iwm LP
EXECUTED this /C yL day of Fe. iu r k ti ^4 , 2015 ("Effective Date").
GRANTOR: BAYER CROPSCIENCE LP
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Name:LJtu�4�. fir. l7�=�`so,�
Title:
GRANTEE:
The City of Lubbock
By:
Name:C}1Pn C Rnhertcnn
Title: Mayor
ATTEST:
Reb cca Garza, City Secr
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
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STATE OF /Uar+i-
COUNTY OF NA r L.a.
This instrument was acknowledged before me on Fe d r u �,- 2015, by
W 11:NmL Fnre� sc„ on behalf of BAYER CROPSCIENCE LP, a Delaware
limited partnership.
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STATE OF TEXAS
COUNTY OF LUBBOCK
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Notary Public, State of No r+
YN : t-' a, i. Cci: ver -
Printed Name of Notary
My commission expires: T h e, / 3 0/J
This instrument was acknowledged before me on Aardk- 13 , 2015, by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of
said Texas Home Rule Corporation.
CELIA WEBB
Notary Pobic. $We of Texas
My Cmxnim Fires 03-01.2018
Final Easement Bayer Cmpscience, LP
No ublic, State of�g�e�
Celia Idejob
Printed Name of Notary
My commission expires: 03 -0l -U/$
Exhibit A
Legal Description of the Perpetual Exclusive Easement
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NORTIIWBST WATER RECLAMATION PROJECT
Parcel No. 13 - Permanent Easement
PHRIMETER SURVEY OF A 0.031 ACRE TRACT LOCATED IN _
SECTION 11, BLOCK JS
LUBEOCP COU1N"I'Y, Tmi—
METES AND BOUNDS DESCRIPTION of a 0.031 am parcel located in Section 11, Block JS, Lubbock County, Texas,
being aportion of a 5.83 acre tract described in County Clerk File Number 2012022134, Official Public Records, Lubbock
County, Texas, being fisther described as follows:
BBOINNINO At a 1/2" irar rod with cap set in the South line of said 5.83 acre tract and in the North line ofa 1.5 acre tract
described in Volume 1016, Page 619, Deed Records, Lubbock County, Tena, which bears N. 88"13'32" W. a distance of
578.27 feet and S. 01°46'28" W. a distatm of 467.27 feet from a 3/4" iron pipe found at the Noz1heast comer of Section 11,
Black JS, Lubbock County, Texas, for the Southeast comer of this parcel;
THENCE N. 55"06'59" W. a distance of 38.24 feet to a 1/2" iron rod net in the Nath lino of said 1.5 acre tr u t and in tho
South line of said 5.83 acre tract for the Southwest comer of this parcel;
THENCE N. 34°3947' E. a distance of 50.00 heat to a 1/2" ima rod tot in the North line of said 5.83 ane tract and in the
South lire of a 20.95 acre tract described in Volume 1047, Page 373, Deed Records, Lubbock County, Taxes, for the
Northweat comer of this parcel;
THENCE S. 5500659" J3. a distance of 15.96 het to a 1/2" iron rod with cap set in the North line of said 5.83 acre tract and
in the South line of said 20.95 acre tract for the Northeast caner of this parcel;
THENCE S. 10"3738" W. a distance of 54.84 feet to the Point of Begi®ing
Bearings relative to Chid North, NAD 83 (2011), Texas Coordinate System, Norrie -Central Zone. Dietances ere Surface,
U. S. Survey Feet. Combined Scale Factor: 1.0002452
A plat of even survey date herewith accompanies this legal description
Surveyed on the ground
June 6, 2014
January 27, 2015; Revised acmage
E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
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Exhibit B
Exceptions
All leases, grants, exceptions or reservations of coal, lignite, oil, gas, and other minerals, together
with all rights, privileges and immunities relating thereto, appearing in the Public Records
whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of
mineral interest that are not listed.
Right of way granted in favor of Texas Utilities Company by instrument recorded in Volume
105, Page 215, of the Deed Records of Lubbock County, Texas.
Natural gas pipeline easement granted in favor of Pioneer Natural Gas Company by instrument
recorded in Volume 885, Page 561, of the Deed records of Lubbock County, Texas.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the land. (NOTE: UPON
RECEIPT OF A SURVEY ACCEPTABLE TO THE COMPANY, THIS EXCEPTION WILL
BE DELETED. COMPANY RESERVES THE RIGHT TO ADD ADDITIONAL
EXCEPTIONS PER ITS EXAMINATION OF SAID SURVEY.)
Any part or portion of the subject property lying with the boundaries of a public or private road
or right-of-way or which may be used for road or street purposes.
Easements or claims or easements which are not recorded in the public records of Lubbock
County, Texas.
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