HomeMy WebLinkAboutResolution - 2013-R0446 - Accept Easement - 12_19_2013RESOLUTION
E 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, 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 $334.00 and that closing costs
shall also be paid in connection with the acquisition of the Easement, said payments
approved herein.
(Passed by the City Council on
'ATTEST:
Rebe t
a Garza, City Secret
APPROVED AS TD CONTENT:
12, & d-J" I,-/
R. Keith Smith, P.E., Director of Public Works
(Dave Booher, Right -of -Way Agent
ROVED AS TO FORM:
Weaver, Assistant City Attorney
docs/RES.Easement-Edwards
nber 22, 2013
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
Nita Raue, being one and the same person as Anita Louise Raue, Individually and as
Independent Executrix of the Estate of Edward Raue, Deceased, Cause No. 2013-777,040,
County Court, Lubbock County, Texas, hereinafter referred to as Grantor, with street address of
7101 CR 6100, Shallowater, Texas 79363, for a valuable consideration, to it paid by The City of
Lubbock, Texas (the "Grantee") with offices at 1625 131h 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 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 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.
Pipeline Easement Agreement I
2. Grantee covenants and agrees that its use of the Easement and its
operations conducted thereon shall, to the best of Grantee's ability, at all times comply
with all applicable local, state and federal laws, orders, rules, regulations, standards,
licensing, permitting and other legal requirements including, without limitation, all
environmental laws, orders, rules, regulations, standards, licensing and permitting (the
"Legal Requirements"). Grantee agrees to construct the Pipeline System in a prudent
manner, in compliance with all Legal Requirements, and with due care for Grantor's
property, business and operations. In the event it is discovered that Grantee is in
violation of any portion of the Legal Requirements, Grantee agrees to commence, upon
receipt of written notice of such violation, the process of curing such violation so that
Grantee will be in compliance with this subparagraph.
3. The Easement granted herein shall be for the transportation of water
and/or waste water, regardless of source, and shall continue in full force and effect unless
Grantee should abandon the Pipeline System as identified herein. The rights granted to
Grantee herein may be abandoned solely by a formal resolution of its governing body that
authorizes the 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, 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
Pipeline Easement Agreement 2
the Easement, rights and privileges herein granted to Grantee, or endanger any of
Grantee's property at the sole discretion of the Grantee.
10. Grantee shall exercise due care and diligence in the use of the rights and
privileges herein granted to it. In case of abandonment of said Easement as provided in 3
above, the title and interest herein granted shall end, cease, and terminate, and title to the
Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands.
11. Grantor warrants and represents that the title to the Lands described herein
are vested in the Grantor, free and clear of any liens and/or encumbrances. Grantor shall
provide to Grantee an executed release from any lien holder, tenant, lessee, or other party
having an interest in the Lands.
12. Grantor shall procure and have recorded without cost to Grantee all
assurances of title and affidavits which the Grantor may be advised by Grantee are
necessary and proper to show in Grantor title sufficient to grant the above easement free
and clear of encumbrances other than those encumbrances expressly defined herein.
Abstracts or certificates of title or title insurance may be procured by the Grantee at its
expense. The expense of recording this Easement shall be borne by Grantor. Grantee
agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents
needed.
13. Grantee shall have the right to use Grantor's property located immediately
adjacent to the Easement and as described on Exhibit B attached hereto and incorporated
herein as thought set forth verbatim for the following:
A. detouring around natural impediments within the Easement; or
B. the construction, maintenance, repair and removal of the Pipeline System
within the Easement.
14. "Grantee" when used in this instrument, shall include The City of
Lubbock's officers, agents, servants, employees, representatives, contractors,
independent contractors, subcontractors, and/or their equipment or vehicles.
15. Words of any gender used in this agreement shall be held and construed to
include any other gender, and words in the singular number shall be held to include the
plural, and vice versa, unless the context requires otherwise.
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.
Pipeline Easement Agreement 3
EXECUTED this 30"-, day of 0c._ bb e< , 2013 ("Effective Date")
GRANTOR:
Nits Raue, being one and the same person as Anita Louise
Raue, Individually and as Independent Executrix of the
Estate of Edward Raue, Deceased
GRANTEE:
The City of L
Name:' Glen C. Robertson
Title: Mayor
ATTEST:
Reb ca Garza, City Secretary
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
� . /J. J'Iij
APPROVED AS TO FORM:
Ryan J i ee, A rney
Pipeline Easement Agreement 6
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on Oe-Nbbev/ 3 b " , 2013, by Nita
Raue, being one and the same person as Anita Louise Raue, Individually and as Independent
Executrix of the Estate of Edward Raue.
Notary Public, State of Texa
�Y1,k0. A . Cz (n . n 1
Printed Name of Notary
My commission expires: 12 N 2olS
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on a 20, 2013, by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of
said Texas Home Rule Corporation.
yy P°a`CELIA WEBB
Notary Public, State of Texas
My Commission Expires 3-01.2014
Pipeline Easement Agreement
C-A"4"
Notary Public, State of
Cc W�%
Printed Name of Notary
My commission expires: 03- Of- a0l4
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Pipeline Easement Agreement
BAILEY COUNTY WATER PIPELINE
Parcel No. 47 - Proposed Permanent Easement
PERIMETER SURVEY OF A 0.189 ACRE TRACT LOCATED IN
SECTION 33, BLOCK JS
LUBBOCK COUNTY, TEXAS
sCALE :1"=sa'
2.40 ACRES
,10HN 8 LOUISE STRUNK 459 AG4ES
CCFWX09002/74 — ——THERESA a "L MAY01V
CCF#20090/3488
50'R/QYT-cF-WAY
I'M. I380 PG 754-- - z1',--- --
sEc77av33, ecocx„cs COUNTY ROAD 6100
POINT OF BEGINNING- J a (STRIP PAVED)
i 50'fb'GHT-Cis-WAY
--- ---- _ j 1 Jj J 50'RK.Y1T-C9�-WAY
f VOL. 1380, RG 76/ Vt.'Y. 1380 PG 76/
r kM- 5046. PG. 347
38.08 Ark-
j
IVTA RAGE .
CCF#"7033883
Line Table
Line #
Direction
Length
L1
S88" 14'45"E
275.00'
L2
SOP 5V 24"W
30.00'
L3
N88°14'45W
275.00'
L4
NOt° 50' 24-E
30.00'
i\
Bearings are relative to the Texas Coordinate System of 1983,
North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002347
Surveyed on the ground.
September xx, 2013
John E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
5.28 AG�tES
\
EDWARD 8 AN/TA RALE
J
Va. 1681 PG. 824`
1 GAS L/llE EANT
tt
SECTIM 35,, 8LOCK IS
DWIVS/OV 0 LOCATION
f
/
DEFINED 8YGICCGPAr10V
Ia. 159, PG. 396
(/
0.244 ACRES
MAR/ON SMITH
a VLF. 7300 PG. 187
� o _
o
R
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
O - SET 1/2" IRON ROD WITH CAP
OO - SET MAO NAIL WMI WASHER
A - FOUND RAIL ROAD SPIKE
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet 1 of 2
HUGO REEO
AND ASSOCIATES, INC
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICLNSED SURVLYING FIRM IOWS-W PHONE: 6W / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
Copyright 2013, Hugo Rest and Associates, Inc. for the sole use of Title Co.
for GF N and any other identifiers as indicated in the certificate shown heron
BAILEY COUNTY WATER PIPELINE
Parcel No. 47 - Proposed Permanent Easement
PERIMETER SURVEY OF A 0.189 ACRE TRACT LOCATED IN
SECTION 33, BLOCK JS
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.189 acre parcel located in Section 33, Block JS, Lubbock County, Texas, being a portion
of 5.28 acre tract described in Volume 1681, Page 824, Deed Records, Lubbock County, Texas, being further described as follows:
BEGINNTNG at a rail road spike found (North: 7307779.81', East: 912811.78') at the Northwest corner of said 5.28 acre tract and at the
Northeast corner of a 39.08 acre tract described in County Clerk File Number 2007033883, Official Public Records, Lubbock County,
Texas, and in the South line of a 2.40 acre tract described in County Clerk File Number 2009002174, Official Public Records, Lubbock
County, Texas, and in the North line of a 50.00 foot right-of-way casement described in Volume 1380, Page 761, Deed Records, Lubbock
County, Texas, and in the South line of a 50.00 foot right-of-way easement described in Volume 1380, Page 754, Deed Records, Lubbock
County, Texas, which bears S. 88°14'45" E a distance of 1100.00 feet from a rail road spike found at the common corner of Sections 33
and 34, Block JS, and Sections 35 and 36, Block D-5, Lubbock County, Texas, for the Northwest corner of this parcel;
THENCE S. 88014'45" E. along the common line of said Section 33, Block JS, and Section 36, Block D-5, and along the common line of
said 50.00 foot right-of-ways, also being the North line of said 5.28 acre tract for a distance of 275.00 feet to a mag nail with washer set at
the Northeast corner of said 5.28 acre tract and Volume 1380, Page 761 and in the common line of said 50.00 foot right-of-way easements
and in the South line of a 1.59 acre tract described in County Clerk File Number 2009013488, Official Public Records, Lubbock County,
Texas, also being the Northwest corner of Town North Estates, an unrecorded subdivision, Lubbock County, Texas, for the Northeast
corner of this parcel;
THENCE S. 01050124" W. along the common line of said 5.28 acre tract and said Town North Estates a distance of 30.00 feet to a 1/2"
iron rod with cap set for the Southeast corner of this parcel;
THENCE N. 88014'45" W. a distance of 275.00 feet to a 1 /2" iron rod with cap set in the West line of said 5.28 acre tract and in the East
line of said 38.08 acre tract, for the Southwest corner of this parcel;
THENCE N. 01050'24" F. along the common line of said 5.28 acre tract and said 38.08 acre tract a distance of 30.00 feet to 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 on the ground
September xx, 2013
John E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
Sheet 2 of 2I,
Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of rille Co.
for GF 8 and any other identifiers as indicated in the certificate sho— hereon