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HomeMy WebLinkAboutResolution - 2009-R0529 - Contract - Billy Huddleson - Purchase Of Easement - 11_19_2009Resolution No. 2009-RO529 November 19, 2009 Item No. 5.26 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, a Contract for Purchase of Easement between the City of Lubbock and Billy Huddleston a/k/a Billy Don Huddleston, individually and as independent Executor of the Estate of Martha Frances Huddleston, Deceased, and all related documents. Said Contract for Purchase of Easement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 191h day of ATTEST: November 12009. TOM MARTIN, MAYOR L1. /1,. Rebecca ` j► APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operation Officer Dave Booher, Right -of -Way Agent APPROVED AS T_GLFORM: Attorney Res.Contract Purch of Pipeline Easement -Billy Huddleston 1 1.16.09 Contract. 9334 Resolution No. 2009—RO529 CONTRACT FOR PURCHASE OF EASEMENT This Contract For Purchase of Easement (the "Contract") is made on this 19th day of November, 2009 ("Effective Date"), by and between Billy Huddleston a/k/a Billy Don Huddleston, individually and as independent Executor of the Estate of Martha Frances Huddleston, Deceased, (referred to herein as "Seller" whether one or more) and the City of Lubbock, Texas, a Texas home rule municipal corporation (referred to herein as "Buyer"). 10:140r_Vc. WHEREAS, Seller owns the Easement Area (as defined in the Amended Water Line Easement (the "Amended Water Line Easement") which is attached hereto as Exhibit A) and the Temporary Easement Area (as defined in the Amended Water Line Easement) (the Easement Area and the Temporary Easement Area shall be collectively referred to herein as the "Easement Area") subject to the Water Line Easement dated November 29, 1989, recorded in Volume 185, Page 729 of the Real Property Records of Garza County, Texas; and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, a permanent and temporary easement (collectively, the "Easement") over, across and upon the Easement Area, and the Temporary Easement Area in accordance with the terms of the Amended Water Line Easement and Seller and Buyer also desire to amend that one certain Water Line Easement entered into by and between Seller and Buyer which is dated November 29, 1989 and recorded in Volume 185, Page 729 of the Real Property Records of Garza County, Texas. ARTICLE I SALE OF EASEMENT For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, Seller agrees to sell; amend and convey to Buyer, and Buyer agrees to purchase and acquire from Seller, the Easement and all rights incident thereto as described in the Amended Water Line Easement attached hereto and incorporated herein for all purposes. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Easement Area described herein is the sum of Sixty Thousand and No/100ths Dollars ($60,000.00) (the "Purchase Price") which Purchase Price shall compensate Seller for the Amended Water Line Easement attached hereto as Exhibit A and related rights and obligations thereto. 2.02 Independent Contract Consideration. Within five (5) business days after the Effective Date, as defined below, Buyer shall deliver to Seller a check in the amount of Ten and No/100 Dollars ($10.00) (the "Independent Contract Consideration"), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of this Contract. The Independent Contract Consideration is to be credited against the Purchase Price at closing, if Closing (as identified below) occurs. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. Within fifteen (15) calendar days after the Effective Date, Buyer, at Buyer's sole cost and expense, shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment") for the Property, issued by West Texas Title Company ("Title Company") setting forth its exceptions to title ("Exception/Exceptions") and copies of any such Exceptions. 3.02 Survey. Buyer, at Buyer's sole cost and expense, has caused a current on the ground survey for the Property (the "Survey") to be delivered to Buyer. Seller shall furnish any affidavits, certificates, assurances, and/or resolutions required by the Title Company, if any, in order to amend the survey exceptions as required by Section 3.05 below. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of forty- five (45) calendar days (the "Title Review Period") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ("Objections`), if any. All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are required to be released at or prior to Closing, shall be deemed to be Objections. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. If Buyer notifies Seller of Objections to any of the matters furnished to Buyer pursuant to Section 3.03, the Seller shall, within fifteen (15) calendar days after Seller is provided notice. either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. If Seller fails or refuses to satisfy any Objections within the allowed fifteen (15) calendar day period, such cure period shall be automatically extended an additional fifteen (15) days. If the obligation remains unsatisfied, and if Buyer and Seller do not agree in writing to an extension of that period, then Buyer has the option of either: (i) waiving the unsatisfied Objections by, and only by, notice in writing to Seller within forty-five (45) calendar days after the expiration of the Title Review Period, in which event those Objections shall become Permitted Exceptions (herein so called); or (ii) terminating this Contract by notice in writing and receiving back the Independent Consideration, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has fee simple title to, and can convey, an easement pursuant to the Amended Water Line Easement over and across the Easement Area, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or commonly inserted exceptions amended or deleted, at the option of Buyer, as follows: (i) survey exception may be amended to read "shortages in area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (ii) no exception will be permitted for "visible and apparent easements" or words to that effect; (iii) no exception will be permitted for "rights of parties in possession"; (iv) no liens will be shown on Schedule B. Notwithstanding the enumeration of the following exceptions, amendments and/or deletions, Buyer may object to any Exceptions it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending ninety (90) calendar days thereafter (the "Absolute Review Period"), based on such tests, examinations, studies, investigations and inspections of the Easement Area the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Easement Area suitable for Buyer's purposes. Buyer is granted the right to conduct engineering and/or market and economic feasibility studies of the Easement Area, and to conduct a physical CONTRACT OF SALE Huddleston-City of Lubbock inspection of the Easement Area, including inspections that invade the surface and subsurface of the Easement Area. If Buyer determines, in its sole judgment, that the Easement Area is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, and neither Buyer nor Seller shall have any further duties or obligations hereunder. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale, amendment and purchase of the Easement Area in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that the Seller has good and marketable fee simple title to the Easement Area, subject only to the Permitted Exceptions. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, within ten (10) days after the Effective Date, Seller, at Buyer's sole cost and expense, shall deliver to Buyer, with respect to the Easement Area, true, correct, and complete copies or notice of all oral or written leases or agreements and/or occupancy agreements of any kind or nature relating to the possession of the Easement Area, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases"); (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall not sell, assign, or convey any right, title or interest whatsoever in or to the Easement Area, or create, or permit to exist, any lien, encumbrance, or charge thereon. 5.03 Survival Beyond Closing. The representations, warranties, covenants and agreements of Seller and Buyer contained in this Contract shall survive the Closing. ARTICLE VI CLOSING 6.01 Date and Place of Closing. The Closing shall take place in the offices of the Title Company. The Closing Date (herein sometimes called), shall be on the earlier to occur of (i) five (5) days following the completion of all conditions precedent to Buyers performance of this Contract, so long as said date is after the expiration of the Absolute Review Period, unless Buyer elects, in its sole discretion, to close prior to the expiration of the Absolute Review Period; or (ii) as mutually agreed on by Seller and Buyer. Unless provided otherwise herein or agreed upon by Buyer and Seller, Closing shall not be later than fifteen (15) calendar days after the expiration of the Absolute Review Period. 6.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company the following items: (i) The Title Policy in the form specified in Section 3.05; (ii) An Easement Agreement, in the form as attached hereto as Exhibit "A", duly executed by Seller and acknowledged; and (b) Buffer.. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Section 2.01 in the form of certified or cashier's check, check or other readily available funds; CONTRACT OF SALE Huddleston-City of Lubbock Both Buyer and Seller shall deliver other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. ARTICLE VII DEFAULTS AND REMEDIES 7.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract. (b) Buyer's Remedies. If 7.01(a) occurs, Buyer may: (i) terminate the Contract and receive the Independent Consideration as Buyer's sole and exclusive remedy, or (ii) enforce specific performance. 7.02 Buyer's Default, Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Section 6.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract pursuant to the terms hereof prior to Closing. (b) Seller's Remedies. If 7,02(a) occurs, Seller may: (i) terminate the Contract and retain the Independent Consideration as Seller's sole and exclusive remedy, or (ii) enforce specific performance. ARTICLE Vill SPECIAL PROVISIONS 8.01 (a) Buyer will repair or replace fences which are within the Easement Area and Temporary Easement Area and which are damaged by Buyer. (b) 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 (orbs selected by Grantor but subject to reasonable availability. (c) Buyer will repair irrigation systems (including drip and overheard irrigation systems) and components and water distribution lines which are within the Easement Area and Temporary Easement Area and which are damaged by Buyer as indicated on Exhibit B attached hereto and incorporated herein. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) actual receipt, and (b) the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: CONTRACT OF SALE Huddleston•City of Lubbock SELLER: Billy Huddleston �y Copies to: For Seller: BUYER: Attn: Dave Booher City of Lubbock 1625 13th Street Lubbock, Texas 79401 Telecopy: (806)775-3074 For Buyer: Attn., Marsha Reed City of Lubbock 1625 13th Street t z�tbock, Texas 79401 Telecopy: (806)775-2051 The parties may change their address effective in the same manner as other notices provided hereunder. 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN LUBBOCK COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Easement, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective heirs, executors, administrators, successors and assigns. 9.05 Further Assurances. Seller and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. 9.06 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.07 Authority. Any action that is provided to be, or may be taken by Buyer hereunder is hereby delegated by the City Council of the City of Lubbock to the Deputy City Manager of Buyer, or his designee. When the context requires, singular nouns and pronouns include the plural. The undersigned represent and warrant their respective authority to execute this contract, and to convey fully, and without reservation or exception, the interest in property described herein. Executed by Seller on the day of f 2009. SELLER: BILLY HUSTON A/KIA BILLY DON HUDDLE ON, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF MARTHA FRANCES HUDDLESTON, DECEASED CONTRACT OF SALE Huddleston-City of Lubbock Executed by Buyer on the 19th day of ATTEST: Rebec4Gar, Cit Secretar APPROVED AS TO CONTENT: Marsha Reed, Chief Operations Officer Dave Booher, Right -of -Way Agent November _ 2009. CITY OF LUBBOCK TOM MARTIN, MAYOR APPROVED AS TO FORM: X, Ryan . Bigbee, At orgey for the City of Lubbock CONTRACT OF SALE Huddleston-City of Lubbock Resolution No. 2009-RO529 Exhibit "A" to Contract of Sale AMENDED WATER LINE EASEMENT FORM CONTRACT OF SALE Huddleston-City of Lubbock AMENDED WATER LINE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF GARZA THAT BILLY HUDDLESTON a/k/a BILLY DON HUDDLESTON, being one and the same person, individually and as Independent Executor of the Estate of Martha Frances Huddleston, Deceased, in Probate Cause No. 4746 in the County Court of Scurry County, Texas, of the County of Scurry, State of Texas, as landowner and hereinafter called "Grantor," for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and the further consideration of all sums for the purpose of this grant now due as provided in Memorandum of Agreement dated the 3rd day of April, 1986, as attached to Contract of Sale between Grantor and Grantee, of record in Volume 179, Page 148, Deed Records of Garza County, Texas, all to Grantor cash in hand paid as in said Memorandum of Agreement provided, by the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, the receipt and sufficiency of all of which is hereby acknowledged and confessed, and the further good and valuable consideration in benefits accruing and to accrue to the remainder of Grantor's property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY, unto the City of Lubbock, Texas, its legal representatives, successors and assigns, for the use of the said City of Lubbock, Texas, as an underground water pipeline easement upon, along and across, all that property lying and being situated in the County of Garza, State of Texas, and being described as follows, to -wit: A sixty foot (60') wide underground water pipeline easement identified and located upon, along and across five tracts of land described in Exhibits A, B, C and D attached hereto and made a part hereof for all purposes which permanent easement shall also include a sixty foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, which permanent easement and temporary easement shall be further identified on the Exhibits attached hereto; together with the rights of ingress, egress and regress at any and all times, to accomplish the following purposes: entering and placing, constructing, operating, servicing, reconstructing, relocating, removing, repairing, replacing, inspecting, patrolling and maintaining of underground water pipelines, water pipeline appurtenances and accessories located in, on, and under said tracts of land. Grantor shall not place any such structures or improvements within said easement area as will interfere with Grantee's full use thereof in accordance with the purpose of the grant. This easement includes the right to subsequently add or replace any underground water pipeline, water pipeline appurtenances and accessories necessary to the operation of the primary purpose of the easement, including its relocation at any time within the easement area, and shall further include the right at any time during the life of this easement to remove all timbers, trees, brush, trash, filth, or any other obstructions in whole or in part within the easement area which might endanger or interfere with the Grantee's full enjoyment of the rights granted herein. "Water pipeline appurtenances and accessories," as used in this instrument shall mean all things (other than the water pipeline itself) which are necessary to the efficient construction and maintenance of the water pipeline including, but not limited to, air vent pipes, manholes containing air release valves and manholes for access to the water pipeline. Such water pipeline appurtenances and accessories shall be located at or below ground level except for air vent pipes which may extend above ground level and may be supported by posts for protection against livestock. Unless otherwise specifically provided this grant is further made subject to and shall always be construed and interpreted as consistent with and as containing all provisions directly or indirectly governing its grant and the respective rights and obligations of both Grantor and Grantee, relating thereto as contained in the Memorandum of Agreement dated April 3, 1986, and as above described, to which said Memorandum of Agreement reference is here made and its applicable provisions incorporated herein by reference for all purposes. In the event that City, in its discretion, determines to construct the Justiceburg Reservoir as contemplated by the Memorandum of Agreement and does construct such facility, then and only then the city will grant to Grantor one tap to allow use of the raw water in the pipeline(s) for domestic and normal ranching livestock consumption on Grantor's property. No warranty will be given as to the duality or the availability of water from the pipeline(s). Grantor will provide a recording meter at each tap to measure the volume of water taken which shall be limited to twenty (20) acre feet per year per tap. The City shall have reasonable access to each tap and meter for the purpose of calibrating the same from time to time. City agrees to indemnify and hold Grantor harmless from any and all claims or liabilities or damages based on the negligence of the City or any of its employees, agents and contractors related in any manner to the City's surveying, feasibility investigations and construction and operation of the Justiceburg Dam and Reservoir and the easement herein granted. Except as and to the extent inconsistent with the City's use of the easement area for the purposes herein contained, the City agrees to restore promptly any portion of the easement area or of the remainder of Grantor's property not conveyed or to be conveyed in fee to City under the Memorandum of Agreement, disturbed by the City in connection with its use of the easement herein granted or the construction of improvements or facilities related to such easement. _ Notwithstanding anything to the contrary contained herein, or the Memorandum of Agreement, this conveyance is made and accepted subject to any and all easements, leases, rights —of —way, restrictions, outstanding mineral interests and royalty interests, if any, relaxing to or affecting the property described herein existing on the date of execution of the Memorandum of Agreement. Notwithstanding anything to the contrary contained herein or in the Memorandum of Agreement, the easement herein granted shall cease and terminate in the event the City elects not to proceed with the construction of the Justiceburg Reservoir Project and cancels its §11.121 Permit No. 4146 under the conditions therefor provided in Section VII of the Memorandum of Agreement. TO HAVE AND TO FOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the City of Lubbock, its successors and assigns, to the uses and under the conditions hereinabove stated forever. Grantor in his individual capacity only, but not as Independent Executor of the Estate of Martha Huddleston, Deceased, does hereby bind himself, his heirs, executors, administrators to WARRANT AND FOREVER DEFEND all and singular the said premises, including the interest in the premises hereby conveyed by him as Independent Executor of the Estate of Martha Huddleston, Deceased, unto Grantee, .its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof subject, however, to the reservations and other matters set forth herein. Grantor in his capacity as Independent Executor of the Estate of Martha Huddleston, Deceased, only, but not in his individual capacity, conveys the interest in the premises hereby conveyed by hire as Independent Executor of the Estate of Martha Huddleston, Deceased, without express or implied warranty binding on the Estate of Martha Huddleston, Deceased, unto Grantee and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are excluded by him as Independent Executor of the Estate of Martha Huddleston, Deceased. Address of Grantee, City of Lubbock, is: P.O. Box 2000, Lubbock, Texas 79457. EXECUTED this day of , 2009. BILLY HUDDLESTON, Individually and as Independent Executor of the ESTATE OF MARTHA FRANCES HUDDLESTON, DECEASED THE SATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared BILLY HUDDLESTON individually and as Independent Executor of the ESTATE OF MARTHA FRANCES HUDDLESTON, DECEASED, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2009. Notary Public in and for the State of Texas Resolution No. 2009—RO529 PXSIBIT A Page 1 of 2 PARCEL NO. 6 BILLY DON HUDDLESTON Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located In the Southwest portion of Section 103, Block 5, H. & G.N. R.R. Survey, Garza County, Texas and said pipeline centerline being described as follows: Beginning at a V2" iron rod with cap, set on the South line of said Section 103 for the beginning of this description, From whence the Southeast corner of said Section 103 bears South 88050'32" Fast, a distance of 171.39 feet, said point of beginning having a project coordinate of Y = 7091048.42 and X 1174856.55; Thence North 60°51'46" West, along the centerline of Said Sixty -Foot (60') wide permanent pipeline easement, a distance of 2576.78 feet to a point; Thence North 59008'34' West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 3262.77 feet to a 7h" iron rod with cap set on the West line of said Section 103, for the end or this description, whence a 1-1/4" iron pipe found For the Northwest corner of said Section 103 bears North 1007'12" East, a distance of 2459.58 feet; Containing 353.91 rods. (8.04 acres) The above described sixty foot (60') wide permanent pipeline easement Is also subject to a sixty foot (60) wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the accompanying survey plat and said temporary construction easement contains 8.24 acres of land. -i'he said temporary construction easement shall expire as noted In the easement agreement. EXHIBIT as / page 2 of 2 121 102 Billy Don Huddreston vol.23s p9. s¢6 /j S 88- 45-59" E 5281-7- 102 120 ,r� 1-1/4" PIPE FD. 1-1/4" PIPE-' Bllly Dion Huddleston Vol.23B Pg.546 "' 3539/ Rods -Permanent Esnoer 18.Q4 Ac. - Permonerrt EsmtJ Am ro N 5EGrION 103 Patsy Day t L O G K 5 Vol. 283 Pg,330ZN 1�6,. N. K. K. 5UKV6Y GAKZA GOUNrY) tEXA5 Z 0- 6Cr Tee����Do�aaIrrory 60' 1'erm�vmw ` � Carkst.Esm1. Eosemerri \• 824 AC. AIL 120 1 19 1 Of S 880 50'32" E 5279.3' PatVol. 2 � � 330 A legal description of even survey date herewith accompanies this survey plat.. S yed on the gr ar h May, 2009 nor.a Registered ofessionalLand Surveyor Date-'6—Z37' to 171.39'�,d P.O.W. 9 7 X-117485fi 55 N 1011 - W ® E S All Northings and Eastings shown are project coordinates i- Set 1/2" iron rod with ca and may be converted to Texas State Plane Coordinates, North Central Zone, NAD83 byy dividing by a surface SCALE:1' - 1000' REVISION PLAT DATE: 4-9-09 adjustment factor of 1-0002396 All distances shown are surface distances. CLIENT: PARi(HiLL SMITH & COOPER -CITY OF LUBBOCK DRAWN BY, B. BURROW I SURVEY DATE: 3-5,20M Bearings shown are grid bearings based on the Texas SURVEYED BY- J.M. MARTIN CHECKED BY: G. WILSON State Plane Coordinate System, North Central Zone, FILE' PAR6.d n FILE NO. 35760 1 SHEET 1 OF 2 NAD83 Daturn. This survey and all informotion hereon is for the exclusive use of HIMIECK CITY OF LUBBOCK and shall not be copied or used except for the purpose for which 3330 loth ST..S[BTE 202 • LUBBO".IX 79413 it is expressly furnished. this drawing end all copies (partial or 1BO6) 788.0020 - FAX 18%) 792-1646 complete) shallbe returned to the owner upon demand, MT 8 Page I of 3 PARCEL NO.4 BILLY DON NUD'DLESTO N Resolution No. 2009—R0529 Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline,.easement being located in the Northeasterly portion o± Section 97, Block 5, H. & G.N. R.R. Survey, Garza County, - Texas and said pipeline centerline being described as follows: Beginning at a +/a" iron rod with cap, set on the East line of said Section 97 for the beginning of this description, from whence the Southeast corner of said Section 97 bears South 1011"23" West, a distance of 2074.39 feet, said point of beglrining staving a project coordinate of Y = 7087741.15 and X 1180241.15; Thence North 59°08'34" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 1156.14 feet to the beginning of a curve to the left; Thence along the arc of a curve to the left and being the centerline of said Sixty -Foot (60') wide permanent pipeline easement, an arc distance of 59.53 feet to the end of this curve, said curve staving a radius of 575.00 feet and a delta angle of 5,355'54"; Thence North 65604 2.8" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 895.88 feet to the beginning of a curve to the right, Thence along the arc of a curve to the right and being the centerline of said Sixty -Foot (60') wide permanent pipeline easement, an arc distance of 136.35 feet to the end of this curve, said curve having a radius of 575.00 feet and a delta angle of 131,35'11"; Thence North 51629'17" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 1753.04 feet to the beginning of a curve to the left; Thence along the arc of a curve to the left and being the centerline of said Sixty -Foot (60') wide - permanent pipeline easement, an arc distance of 94.08 feet to the end of this curve, said curve having a radius of 575.00 Feet and a delta angle of 902228"; Thence (North 60051'46" West, along the centerline of said Sixty -Foot (601 wide permanent pipeline easement, a distance of 2051.69 feet to a 1h" iron rod with cap set on the West line of said Section 97, for the end of this centerline description, whence the Northwest corner of said Section 97 bears North 1008'45" East, a distance of 91.06 feet. Containing 372.53 rods. (8.47 acres) EXHIBIT B. Page 2 of 3 The above described sixty font MY) Y) wide permanent vineline easement is also subject to a sixty foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the accompanying survey plat and said temporary construction easement contarns 8.46 acres of land. The said temporary construction easement shall expire as noted In the easement agreement. 103.1 98 rm 0 r 04 Page 3 of 3 fitly Don Hudoi'uslor, VOL 2 38 Pg. 546 ra e 60' Temporary Const. Esmt. 8.46 AL'. R• 575A0 ' \\� , L- 94.08' 60' Permanent Easemenl DELTA- 9.2228" \\ _ R• 5751XY \� L- 136.35, DELTA- 13:35'Ir -.—ABAND. WATER WELL 5 E G T I O N 97 �y� '°°' RT. ar 0I.OGK 5 'q 2�. \\ . N. G. N. K. K. 6UKVi yGAKZA GOUNTY,tEXA6 1s K- 9DE L5-4' 8111y Dan Huddleston Vol.e38 P .546 372-53 Rods - Permanea Esm1. 18.47 AG- Permanent Esm1> S 88° 54'21" E 5276-7' A legal description of even survey dote herewith accompanies this survey lot. Su e ed on the h-May, 2009 .. .71arc3a' "uaIn,- r:a,: M17 itty,. Re is ered P ofessional Land Surveyor Dote: �Zj ;S;F:w" ';.. ACCESS ESAIT. FD.1%2" ROD 30'NORTH (a) 78 r` N Ln City of Lubbock Vol.192 Pg.155 N / Y•780241,s x-718 774t1.5 76 FD-1?" ROD 3a'SOUTH 79 96 N W E S All Northings and Eastings shown are project coordinates 0 = Set I112" Iron Rod With Cop and rnoy be converted to Texas State Plane Coordinates, North Central Zone, NAD83 byy dividing by a surface SCALE 1' - 10D0' REVISION PLAT DATE: 4-10-09 adjustment factor of 1.0002396 All distances shown are surface distances- CLIENT- PARKHILL, 5MlTH & COOPER - CITY OF LUBBOCK DRAWN BY: B. BURROW I SURVEY PATE: 3-5 2009 Bearings shown are grid bearings based on the Texas SURVEYED BY-- J.M. MARTIN CHECKED BY: G. WILSON State Plone Coordinate System, North Centrol Zone, FILE: PAR4.d n I FILE NO. 35,760 1 SHEET 1 OF 3 NAD83 Datum. This survey and ollinformation hereon is for the exclusive use of CITY OF LUBBOCKand shollnol be copied or used except for the purpose for whichV3-3'SLTST.,SURE 202-IU138M.IX.79413 It is expressly furnished. this drawing and all copies (partlolor7 780-0020 -FAX 1806, 792-1546 complete) shall be returned to the owner upon demand EXHIBIT C page 1 of 2 PARCEL NO. 4T BILLY DON HUDDLESTON Resolution No. 2009-RO529 Field Notes describing a 110,74 Square foot temporary construction easement being located in the Southwest corner of Section 98, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and said 110.74 square foot temporary construction easement being described by metes and bounds as follows: Beginning at the Southwest comer of said Section 98 for the beginning of this description, from whence a 1-1/4" Iron pipe found for the Northwest corner of said Section 98 bears North 1008'45" East, a distance of 5278.0 feet, said point of beginning having a project coordinate of Y = 7091044.96 and X = 1175027.91; Thence North 11,08'45" East, along the West line of said Section 98, a distance of 10.86 feet to a point, for a corner of this easement; Thence South 60051'46" East, a distance of 23.10 feet to a point on the South line of said Section 98, for a corner of this easement; Thence North 881,54'47" West, along the South line of said Section 98, a distance of 20.39 feet to the point of beginning. Containing 110.74 square feet. The above described temporary construction easement shall expire as noted in the easement agreement. FD. 1-1/4" PIPE i B111y Don Huddleston Vol.238 Pg.546 001 to u;, 10 ic C z Patsy Day '� 104 97 /1r Vol. 283 Pg. 330 EXHIBIT ' c' Page 2 of 2 SEGTION 96 bLOGK 5 Ne GaN.K.KoGO-61JKVi%Y GAKZA GOUNTY,T[�XAS 6U remmrory Const. Esmt. `r 110.74 SgFt. 4T 0 0 3 a'�s F B111y Don Huddlwton Vol238 Pg.546 20.39 P.O.B. N 88'54'47" W -7a91o4 XDETAIL =1175027.91 .91 -,7�`-SEE DETAIL • - Set 1/2" Iran Rod Wit{n Cap A legal description of even survey date her accompanies this survey plot. Sur yd on the Egronoch- lay, 2QQ9 Registered bbessional Land Surveyor Date: All Northings and Eastings shown are project coordinates and may a converted to Texas ,State Plane Coordinates, North Central Zone, NAD83 by dividing by a surface 51 adjustment factor of 1.0002,396 CI All distances shown are surface distances. DI Hearings shown are grid bearings based on the Texas SI State Plane Coordinate System, North Central Zone, FI NAD83 Datum. This survey and all information hereon is for the exclusive use of CITY OF LUBBOCK and shall not be copied or used except for the purpose for which it is expressly furnished. this drawing and all copies (partial or complete) shalibe returned to the owner upon demand. N 88' 54'47" W 8111y Don Huddleston Vol.238 Pg.546 _E: V - 600' I REVISION: I PLAT DATE 9-04-09 NT: PARKHILL SMITH & COOPER - CITY OF LUBBOCK INN BY: B. BURROW I SURVEY (DATE: 3-5 2009 VEYED BY: J.M. MARTIN I CHECKED BY: G. WILSON PAR4T.d n FILE NO. 35,7 SHEET 1 OF 2 i11 - yy itm LNG t 0S SIM4. may. 3330 7M ST., SUiE 202 • LILMO k. Tx. 7944 1IMS) 7E5•0020 - FAX 99061 M-1646 / Resolution No. 2009—RO529 MHIBIT D Page I of 3 PARCEL NO. 8 BILLY DON HUDDLESTON Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in Section 121 and Section 131, Block 5, H. & G.N. R.R. Survey, Garza County, Texas and said pipeline centerline being described as follows: Beginning at a 1/2" iron rod with cap, set on the South line of said Section 121 for the beginning of this description, from whence a 1-1/4" iron pipe found for the Southwest comer of said Section 121 bears North 88051'22" West, a distance of 1065.89 feet, said point of beginning having a project coordinate of Y = 7096519.84 and X = 1165636.661 Thence North 58035'26" West, along the centerline of said Sixty -Foot (601 wide permanent pipeline easement, a distance of 837.24 feet to the beginning of a curve to the left; Thence along the arc of a curve to the left and being the centerline of said Sixty -Foot (60') wide permanent pipeline easement, an arc distance of 11.15 feet to a point for the end of this curve, said curve having a radius of 575.00 feet and a delta angle of 1006'38"; Thence North 59042'04" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 408.10 feet to the beginning of a curve to the right; Thence along the arc of a curve Lo the right and being the centerline of said Sixty -Foot (601 wide permanent pipeline easement, an arc distance of 43.67 feet to a point for the end of this curve, said curve having a radius of 575.00 feet and a delta angle of 4021'07"; Thence North 55020'57" West, along the centerline of said Sixty -Fact (60') wide permanent pipeline easement, a distance of 1655.26 feet to the beginning of a curve to the left; Thence along the arc of a curve to the left and being the centerline of said Sixty -Foot (601) wide - permanent pipeline easement, an arc distance of 171.06 feet to a point for the end of this curve, said curve having a radius of 575.00 feet and a delta angle of 1.7,0241"; Thence North 721,23`38" West, along the centerline of said Sixty -Font (60') wide permanent pipeline easement, a distance of 501.36 feet to the begir:r:ing of a curve iu the right. Thence along the arc of a curve to the right and being the centerline of said Sixty -Foot (60) wide permanent pipeline easement, an arc distance of 91.79 feet to a point for the end of this curve, said curve having a radius of 575.00 feet and a delta angle of 9008'47"; EXHIBIT H Page 2 of 3 Thence North 63014'51" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 900.70 feet to the beginning of a curve to the right; Thence along the arc of a curve to the right and being the centerline of said Sixty -Foot (60') wide permanent pipeline easement, an arc distance of 54.73 feet to a point for the end of this curve, said curve having a radius of 575.00 feet and a delta angle of 5027'12"; Thence North 57o47140" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 2027.20 feet to a point:; Thence North 15023'35" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 617.44 Feet to a point; Thence North 51051'08" West, along the centerline of Said Sixty -Foot (60') wide permanent pipeline easement, a distance of 438.72 feet to a 1/2" iron rod with cap set on the West line of said Section 131, for the end of this description, whence a 3/4" iron pipe found for the Northwest corner of said Section 131 bears North 1*07'10" East, a distance of 1146.89 feet; Containing 470.21 rods, (10.69 acres) The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the accompanying survey plait and said temporary construction easement contains 10.87 acres of land. The said temporary construction easement shall expire as noted in the easement agreement. McCrary Lid. Vol. PH P0.196 IN S 88° 54'18" E 5: F0.%a" PIPE DKI R 1`k Page�3 of 3 7' t bLOGK S 12 &AKZA 1. 'n 6TY PerflweM EosaWraend ' 4 3 V 0 10 z 9� 6 /-t George Reggs 122 S 88' 49'25" E 5280.6' `FDAY4" PIPE Na '�"— &, N. K. F�o GOUNtY) TEXAS 6a 7•enwrory 124 Corlst.Es 1067 AL.. /! Bttty Dort Huddteston Vot.238 P9.546 (�} 4700 Rods - Permonent Esmt. T C2� 1 t/069 Ac.- Permanent EsmId 0 �Ln 102 zQ, O N CD FD. 1-1/4" PIPE U1 -WG j N 88* 5236" W 5282.9' ro65a5 ! N 88` Si'22" W 5283.1' l 3 2 ID. 1-1/4" PIPE Patsy Day P • O• B • Patsy Dory N Y-7096519.84 VoL�83 Y 324 Vol.283 Pg.3P4 x=T155636.66 g W ® E •- Set 1/2" Iron Rod With Cap S A legal description of even survey date herewith accompanies this survey plat. S ed on the % rch-May, 2DO9 1 Registere r�rofessional Land Surveyor>, Date: CENTERLINE 60' EASEMENT BRG- & DIST. CURVE DATA 1 N 58" 35'26" w 837-24' 2 R- 575.00' L- 11.15' DELTA- 1- 06'38" 3 N 59- 42'04" w 408.10' 4 R- 575,00' L- 43,67' DELTA= 4° 21'07" 5 N 55. 20'57" w 1655.26' 6 R= 575.00'L- 171.06'DELTA- 17"02'41" 7 N 72° 23'38" W 501.36- 8 R- 575.00' L- 91 79" DELTA= 9" 08'47" 9 N 63' 14'51" W 900.70' 10 R- 575.00' L- 54.73' DELTA- 5° 27'12" 11 N 57" 47'40" W 2027.20' 12 N 1523'35" W 617.44' 13 N 51:51'08" w 438.72' Ali Northings and Eastings shown are project coordinates and may be converted to Texas State Plane Coordinates, North Central Zone, NAD83 by dividing by o surface SCALE:1' = 2004 REVIStON= PLAT DATE 4-11-09 adjustment factor of 1.0002396 CLIENT: PARKHILL SMITH & COOPER - CITY OF LUBBOCK All distances shown are surface distances. DRAWN BY., B. BURROW I SURVEY DATE 3-5,2009 Bearings shown are grid bearings based on the Texas SURVEYED BY, J.M. MARTIN 7 CHECKED BY: G. WILSON State Plane Coordinate System, North Central Zone, FILE: PARS-d n FILE. NO. 35,760 1 SHEET 1 OF 3 NAD83 Datum. This survey and allinformotion hereon is for the exclusive use of M -11ch lla U M Jtr� YM.K. CITY OF LUBBOCK IN �04ii���� �1 JtJf\'1L and shall not be copied or used except for the purpose for which 3330 701n ST_ SUITE 202 - LUBBOCK. Tx. 79413 JJ it is expressly furnished this drawing and all copiAs (partiol or T@06) 788-DD20 - FAX IBM] 792-16e6 complete) shollbe returned to the owner upon demond. Exhibit "B" to Contract of Sale WATER LINE DRAWINGS Resolution No. 2009—R0529 CONTRACT OF SALE Huddleston-City of Lubbock No Text No Text