Loading...
HomeMy WebLinkAboutResolution - 2013-R0447 - Accept Easement - 12_19_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 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 $667.00 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 December 19, 2013 -',del GLEROfiJFIKSON, MAYOR ATTEST: Reb t ca Garza, City Secretary APPROVED AS TO CON ENT: R. Keith Smith, P.E., Director of Public Works n,.t Dave Booher, Right -of -Way Agent Chad Weaver, Assistant City Attorney vw: ccdocs/RE S. Easement-Raue November 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 13t" 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 30t-'' day of DcVc)bef , 2013 ("Effective Date"). GRANTOR: 11-� Nita aue, 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 Lubboc By: Name: Glen C. Robertson Title: Mayor ATTEST: Reb cca Garza, City Secret [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: k-1 APPROVED AST ORM: Ryan J. Bi ee, ttor If Pipeline Easement Agreement 6 STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me Raue, being one and the same person as Anita Louise Executrix of the Estate of Edward Raue. Anita A Coming { t . My Comm►ssioh Expires ��•. �� 12/14/2015 �ppt� STATE OF TEXAS COUNTY OF LUBBOCK on OA-Ooee 36"~ 2013, by Nita Raue, Individually and as Independent Notary Public, State of Texas Printed Name of Notary 1j _ My commission expires: 1 2- 1 Z0IJ This instrument was acknowledged before me on & , 2013, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. �SPnvP��c CELIAWEBDM-01-2014 Notary Public, State y OF _, Mu Commission Expirego V Notary Public, State of Printed Name of Notary My commission expires: 03' 0!- 2010 Pipeline Easement Agreement 7 Exhibit A Legal Description of the Perpetual Exclusive Easement Pipeline Easement Agreement BAILEY COUNTY WATER PIPELINE Parcel No. 46 - Proposed Permanent Easement PERIMETER SURVEY OF A 0.379 ACRE TRACT LOCATED IN SECTION 33, BLOCK JS LUBBOCK COUNTY, TEXAS SCALE: 1 "=75' I Qa i f j 2.04 ACRES I DAWD S EVETTE ouPREEZ AIAN 8 4N✓OL/ GAA/DARA COr,0 09004343 ClOrRaV9006828 _ I ' �E-- _� POINT OF BEGINNING~ 1( 5.&AQW5 fRAAK d J VIOLBYA LRA VCr. /v 328 i 2.40 ACRES JO,H A( 61 L IXASE STRLd'11K C0F02009002/74 �--- 50'RIGHT-tom'-WAY ILL'. 1380, fG. 754 50 R HT OF -WAY - COUNTY ROAD 6100 — (STRIPPAVED) ilVt-- 38.QBACRES ❑ ~� � \\z8AQ4ES � 119TA RAVE ED►YARD 8 AMTA RAGE COc'�2007033883 ! �. AWL PG. am 0 -� / �� till GAS LAC EASEMENT j SEC77OV 33 BL 00( JS DMENS/AN 4 LGC'A776W DUM0 BY f _ t� r Va. 159, PG. 336 T-1 r-Z ! NOTES: Bearings are relative to the Texas Coordinate System of 1983, HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP North Central Zone, NAD 83 (2011), Epoch 2010.0 • - SET MAG NAIL WITH WASHER Distances are surface, U.S. Survey feet. A - FOUND RAIL ROAD SPIKE Combined Scale Factor: 1.0002347 Surveyed on the ground. September xx, 2013 John E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Line Table Line # Direction Length Lt S88" 14' 45"E 55D.W L2 SW 50' 24"W 30.00' L3 N88" 14' 45"W 550.00' L4 NO ° 50' 24"E I 30.00' A legal description of even survey date herewith accompanies this plat of survey. Shect I of 2 Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co. for OF if and any other identifiers as indicated in the certificate shown hereon. BAILEY COUNTY WATER PIPELINE Parcel No. 46 - Proposed Permanent Easement PERIMETER SURVEY OF A 0,379 ACRE TRACT LOCATED TN SECTION 33, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.379 acre parcel located in Section 33, Block JS, Lubbock County, Texas, being a portion of 38.08 acre tract described in County Clerk File Number 2007033883, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a rail road spike found (North: 7307796.64', East: 912262.04') at the Northwest corner of said 38.08 acre tract and at the Northeast corner of a 5.28 acre tract described in Volume 1896, Page 328, Deed Records, Lubbock County, Texas, and in the South line of a 2.04 acre tract described in County Clerk File Number 2009004343, Official Public Records, Lubbock County, Texas, and in the North line of a 50.00 foot right-of-way easement described in Volume 1380, Page 761, Deed Records, Lubbock County, Texas, and in the South line of a 50.00 foot right-of-way casement described in Volume 1380, Page 754, Deed Records, Lubbock County, Texas, which bears S. 88°14'45" E a distance of 550.00 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 38.08 acre tract for a distance of 550.00 feet to a rail road spike found at the Northeast corner of said 38.08 acre tract and at the Northwest corner of a 5.28 acre tract described in Volume 1681, Page 824, Deed 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, for the Northeast comer of this parcel; THENCE S, 01050'24" W. along the common line of said 38.08 acre tract and said 5.28 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southeast comer of this parcel; THENCE N. 88" 14'45" W. a distance of 550.00 feet to a 1/2" iron rod with cap set in the West line of said 38.08 acre tract and in the East line of said 5.28 acre tract described in Volume 1896, Page 328, for the Southwest comer of this parcel; THENCE N. 01050'24" E. along the common line of said 5.28 acre tract described in Volume 1896, Page 328, 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 arc 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 0 T� C'tsr_4- til John E. Allen JOT" ��L' "ZN Registered Professional Land Surveyor No. 5895 sst�'Aq� State of Texas Off~ SURvti Sheet 2 of 21 Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co. for (it' it and any other identifiers as indicated in the certificate shown hereon.