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HomeMy WebLinkAboutResolution - 2013-R0424 - Accept Easement - Well Field Supply Line Project - 12_12_2013RESOLUTION '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 44, Block AK, Lubbock, Lubbock County, Texas, for the Bailey County Well Field Supply Line 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 $98,104.00 and that closing costs shall also be paid in connection with the acquisition of the Easement, said payments approved herein. December 12, 2013 Passed by the City Council on November 24Ni3- GLE ROBERTSON, MAYOR ATTEST: . Rebecca Garza, City Sec et APPROVED AS TO CONTENT: ' 12, R. Keith Smith, P.E., Director of Public Works Z&2e— Z Dave Booher, Right -of -Way Agent APPRO D AS TO FORM: Zol��4A-4� Chad Weaver, Assistant City Attorney vNv:ccdocs/RES.Easement-AMMK, Ltd October 30, 2013 EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § GRANTOR, ANIIKMIK, Ltd. a Texas Limited Partnership, with street address of 3907 77'h Street, Lubbock, TX 79423, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee') with offices at 1625 13a' 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 E ;habit A (hereinafter. called V:e "Lands" or "Easement Lands") situated in Lubbock County, Texas. Pipelines and EQulnment 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 "Temmrary 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. The Temporary Easement shall terminate and expire upon the completion of all construction activities related to that portion of the Pipeline System situated within the Easement. 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 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 Basement, for the Permitted Uses; and (c) the right Pipeline Ees mad Agreement to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of 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 vw4X 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 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 burn 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. Pipeline Easement Agre went 2 U 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. 14. 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. Pipeline Easement Agreement U 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 unenforceabiiity 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 parry. 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. Pipdinc Easumt AVC=cnt 4 SM U 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. TO HAVE ANID 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 ] Pipeline Easetnant AV=ent 5 EXECUTED this !�, day of, 0'� , 2013 ("Effective Date") GRANTOR: AMMMK, LTD. A TEXAS LIMITED PARTNERSHIP 4,0 BY: urn Arthur L Griffin, General. PaIW Mary N nffin, General Wakner GRANTEE: The City of Lubbock Nat Title: Mayor ATTEST: ebecca Garza, City S01 [Acknowledgements of the Parties on Next Paged a_PPRDVED AS TO CONTENT: APPROVED AS TO CONTENT: J—/ Pipeline Easement Apsemcnl 6 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on a tJ1J 2013, by ARTHUR L. GRIFFIN, in his capacity &s General Partner of AMM K, Ltd. a Texas Limited Partnership. / 1 n I ELVIRA BETDLARA NOTARY PSTATE OF N MY CCMM. EXP STATE OF 'TEXAS COUNTY OF LUBBOCK .ted Name of Notary commission expires: This instrument was acknowledged before me one 2013, by NELL GRIFFIN, in her capacity as General Partner of AM K, Ltd. a Texas Partnership. tYa�a`c ELVIRA BETA LARA NOTARY PUBLIC STATE OF TEXAS MyCOMM. EXP.08/1612014 Proted Name of Notary / My commission expires: MARY Limited STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on k , 2013, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Horne Rule Corporation on behalf of said Te :as Home R ul e Corporation.. ry ........ ...... �� N P bl1 crqiateof f1t Q<LL.-- o `= s Printed Name of NotarLQ y S/ IVTP'�'�' My conuni ssion expires: t yN� Ails {IIII Pipeline Eaument Agreement 7 No Text tabblW � rn SCALE: t"misa 25TH STREET AGYT-CO -WAY . /OOK Pa. No POINT OF BEGINNING BAILEY COUNTY WATER PIPELINE Parcel No. 6 - Permanent Easement PERIMETER SURVEY OF A 0.989 ACRE TRACT LOCATED IN SECTION 44, BLOCK AK LUBBOCK COUNTY, TEXAS 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 fect. Combined Scale Factor:1.0002347 Surveyed on the ground. September 26, 2013 �k; E. 0-0-, 1 h E. Allen stered Professional Land Surveyor No. 5895 State of Texas ��,OFT� C 'o _ JOHN E. ALLL—ENN� eVe 5895 Line Table Line # Dlfeetlon Length Lt S88" It 13'8 1100.71' L2 Not ° 48.09'E 290.11' L3 S88. 31' 24'E 45.00' L4 S01°48'W'W 30.00' LS N88' 31' 24'W 13.00' LB SOt"48'09•W 29026 L7 N881 It 13'W 1130.69' Le N01. 45' 47-E 1 30W 1"73 AGES MAW, LTD. cr#cGv 056n 1,39 A0MS AM, LLC =02008=7317 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 ofthe adjoining parcels. Record documents other than those shown on this survey may exist and encumber this Proieny. n In OD CV 0- O J NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1 /2" IRON ROD WITH CAP ® - FOUND 1/T' IRON ROD WITH CAP p - FOUND VV IRON ROD A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2 I HUGO REED ` AND ASSOCIATES, INC. CIVIL ENGINEERS LUBBOCK. TEXAS 79401 TEXAS UCENSED "VEYM F4W 100676M PHONE: 806 / 763-S642 TEXAS REGISTERED EN61NEMNG FWH F•760 FAX 806/ 7633891 CoMriplu 2013, Hugo Recd and Associates. Inc. for the sole ttse of Title Co. rot OF P and any other identifiers as lndieatod in the eenifimte down bereon. A U � BAILEY COUNTY WATER PIPELINE Parcel No. 6 - Permanent Easement PERIMETER SURVEY OF A 0,989 ACRE TRACT LOCATED IN SECTION 44, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.989 acre parcel located in Section 44, Block AK, Lubbock County, Texas, being a portion of 16.875 acre tract described in County Clerk File Number 2008010360, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod set (North: 7273310.78', East: 918574.631 in the East Right -of -Way line of Iola Avenue as described in Volume 10006, Page 280, Official Public Records, Lubbock County, Texas, which bears S. 01 e4547" W. a distance of 2610.00 and S. 88e 14'13" E. a distance of 30.00 feet from the Northwest corner of the Northeast Quarter of Section 44, Block AK, for the Northwest corner of this parcel; THENCE S. 8801413" E. a distance of 1100.71 feet to a 1/2" iron rod with cap set for an'ell' corner of this parcel; THENCE N. 01048'09" E. a distance of 290.11 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 88e31'24" E. a distance of 45.00 feet to a 112" iron rod with cap set in the East line of said 16.875 acre tract and in the West line of Loop 289 Right -of -Way, as described in Volume 819, Page 17, Deed Records, Lubbock County. Texas, for the Northeast comer of this parcel; THENCE S. 01e48'09" W. along the common line of said 16.875 acre tract and Loop 289 Right -of -Way a distance of 30.00 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 88031'24" W. a distance of 15.00 feet to a 1/2" iron roil with cap set for an 'ell' comer of this parcel; THENCE S. 01 e48'09" W. a distance of 290.26 feet to a 1/2" iron rod with cap set in the South line of said 16.875 acre tract and in the North line of a 139 acre tract described in County Clerk File Number 20080037317, Official Public Records, Lubbock County, Texas, for the Southeast comer of this parcel; THENCE N. 88eI4' 13" W. along the common line of said 16.875 acre tract and 139 acre tract a distance of 1130.69 feet to a 3/8" iron rod found in the East Right -of -Way line of said Iola Avenue, for the Southwest comer of this parcel; TH FNCE N. 01 e45'47" E. along the East Right -of -Way of said Iola Avenue a distance of 30.00 to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances and coordinates are Surface, U. S. Survey Feet. Combined Scale Factor. 1.0002347 A plat of even survey bate herewith accompanies this legal description. Surveyed on the ground September 16, 2013 ()aL I, mL JU E. Allen Registered Professional Land Surveyor No. 5895 Stete of Texas Sheet 2 of 21 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LU880CK. TEXAS 79401 TEAS UMMED SUNVMG tTwA ttroara00 PHONE: 8061763.8842 TEXAS I&GtSrEREO MGMMING F02t1 r-730 FAX: 806 / 763.3891 Copyright 2013, Hugo Reed and Associates, Tm for the sole use of ride Co. for OF T! and any ether idemifiers u indicated in the ceniaeato shown hmom No Text SCALE: 25TH STREET A • SO'RlAYT-Q�-1>37Y �HX. A7gLK A£ iBD T OF BEGINNING' BAILEY COUNTY WATER PIPELINE Parcel No. 7 - Temporary Easement PERIMETER SURVEY OF A 0.989 ACRE TRACT LOCATED IN SECTION 44, BLOCK AK LUBBOCK COUNTY, TEXAS Bcarings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey fat. Combined Scale Factor: 1.0002347 Surveyed on the ground. September 26, 2013 Jo E Allcn istered Professional Land Surveyor No. 5895 State of Texas Line Table Line # Direction Length Lt M11° 4S 47'E 30.W L2 S88.1 r WE 1070.73' L3 W01' 4$ 09'E 289.96 L4 S88'31'24E 75.W L5 M-48M'W 30.W LB MP 31' 24'W 45.W L7 s01^48'09"W 290.11' L$ 1v88° 14' 13"W ] 1oa71' 16.875A04ES AiWMAK L M CMAV20087/0360 O 139 AMES )= LLC CDr, `t't80037317 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. Record documents other than those shown on this survey may exist and encumber this property. NOTES: HEAVY LINES INDICATE PLAT LIMITS. 0 - SET 1 /2" IRON ROD WITH CAP • - SET MAG NAIL WITH WASHER ®- FOUND 1/2" IRON ROD WITH CAP t7 - FOUND 3/8" IRON ROD A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2 CopydYu 2013, Ruip Reed and Associ ttm tee. for ae sots use of mic co. I for OF 0 and any other Wcndf era as indicated in the eertificae sho-0 hereon. f M BAILEY COUNTY WATER PIPELINE Parcel No. 7 - Temporary Easement PERIMETER SURVEY OF A 0.989 ACRE TRACT LOCATED IN SECTION 44, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.989 acre parcel located in Section 44, Block AK, Lubbock County, Texas, being a portion of 16.875 acre tract described in County Cleric File Number 2003010360, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod set (North: 7273310.78', East: 918574.63� in the East Right -of -Way line of Iola Avenue as described in Volume 10006, Page 280, Official Public Records, Lubbock County, Texas, which bears S. 01 °4547" W. a distance of 2610.00 and S. 88" 14'l3" P. a distance of 30.00 feet from the Northwest corner of the Northeast Quarter of Section 44, Block AK, for the Southwest comer of this parcel; THENCE N. 01045'47" E. along the East Right -of -Way of said Iola Avenue a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this parcel; TTIENCE S: 88014'13" E. a distance of 1070.73 feet to a 1/2" iron rod with cap set for Well' comer of this parcel; THENCE N. 01'48'09" E. a distance of 299.96 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 88031'24" E. a distance of 75.00 feet to a 1/2" iron rod with cap set in the East line of said 16.875 acre tact and in the West line of Loop 289 Right -of -Way, as described in Volume 819, Page 17, Dccd Records, Lubbock County, Texas, for the Northeast comer of this parcel; THENCE S. O1`48'09" W. along the common line of said )6.875 acre tract and Loop 289 Right -of -Way a distance of 30.00 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 88`31'24" W. a distance of 45.00 feet to a 1/2" iron rod with cap set for an 'cll' comer of this parcel; THENCE S. 01048'09" W. a distance of 290.11 feet to a 1/2" iron rod with cap set for the Southeast comer of this parcel; THENCE N. 88014' 13" W. a distance of 1100.71 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone_ Distances and coordinates are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002347 A plat of even survey date herewith accompanies this legal description. Surveyed an the ground September 26, 2013 ZI E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 21