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HomeMy WebLinkAboutResolution - 2014-R0109 - Accept Easement Block JS - 03_27_2014Resolution No. 2014-RO109 March 27, 2014 Item No. 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby accepts on behalf of the City of Lubbock an Easement as described on Exhibit "A" attached hereto and incorporated herein by reference, located in Section 25, Block JS, Lubbock, Lubbock County, Texas, 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 $6,441.00 and that closing costs shall also be paid in connection with the purchase of the property, said payments approved herein. Passed by the City Council on March 27, 2014 GL OBE TSON, MAYOR AT'TES1': � Rebec a Garza, City Secreta APPROVED AS TO CONTENT: 4. IL d-Lj R. Keith Smith, P.E., Director of Public Works Dave Booher, Right -of -Way Agent APPRO ED S TO FORM: 1 Chad Weaver, Assistant City Attorney RES.Easement.-Frank Brown 3.6. 2014 I!II �G?/�� Ilff�I:II�'ilf lf'IIIIII.illl;':.Ildii!l;!11111{I�illli ` Z�15�04?�JI49 ' 20 PGS 41'E ST 1 E'A",t S TITLE CCrr 'srr.td'r FILE t.10. EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK S Frank O. Brown and wife, Sarah Jane Brown; with street address of 8592 Roswell Road, Atlanta, Georgia 30350 and Melinda Fuller, a married woman dealing in her sole and separate property, joined herein by her husband, Richard Fuller, pro forma, with a street address of 515 North Zion Street,, Landis, North Carolina 28088 and Susan McCabe, a married woman dealing in her sole and separate property, joined herein by her husband, Tom McCabe, pro forma, with a street address of 500 Harper Drive, Algonquin, Illinois 60102, hereinafter collectively referred to as Grantor, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") Rith offices at 1625 13�' 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 easement, sen•itude 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 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 trait 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 through, under, upon, over, across and within the Lands. Such perpetual 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 "Temporary Easement") for the construction and installation of the Pipeline System through, over, under, upon, across and within the lands Iocated adjacent to, and abutting, the Easement (the "Temporary Easement Area") as more specifically described on Exhibit B as well as for all other purposes identified in 13 below. 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; Final Easement & Temporary Easement Forth t 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 xvater transportation. ?. Grantee covenants and agrees that its use of the Easement and its operations conducted thereon shall at all times comply with all applicable local. stare and federal laves. orders. rules, regulations. standards, licensing. permitting and other- Iegal requirements including. without limitation, all environmental laves, orders. rules. regulations, standards. Licensing and pennitting (the "Legai Requirements""). Grantee agrees to construct the Pipeline System in a prudent manner. in compliance with all Legal Requirements. and vvith 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 the process of curing such violation so that Grantee will be in compliance with this subparagraph. 3. The Easement +ranted herein shall be for the transportation of �� ater, reuardless 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 ht- a formal resolution of its governing body that authorizes the abandonment of the Pipeline System. Any such abandonment ,hill not be effective until it is evidenced by notice in writing. signed by the Grantee's official representative, and filed of record in the counts' where the Lands are located. Grantee will at its sole expense restore the Land as nearly as reasonably possible to its current condition. however, Grantee shall not be required to remove any pipelines or the Pipeline System on the Lands. Should Grantee fail to remove same within 180 days after abandonment. the Pipeline and Pipeline System shall revert to and become propem, of Grantor 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. �. Unless Grantor- agrees otherwise in writing. Grantee agrees that during Permitted uses related to the Pipeline System, any and all trees, dirt, ra�v materials. timber. spoil piles" excess dirt. good. 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. In doing- so. Grantee shall not materially interfere with the rights of the Lessee under the Oil. Gas and Mineral Lease dated October 30. 1989. as amended. recorded in Volume 3230 Panes 335-337. Deed Records, Lubbock Count-, Texas. 6. Grantee shall keep the Easement in good order, condition and repair follow 'ng any work related to Permitted Uses on the Pipeline System. rsn.rl casement & lemporary Eascmcm Fomi 7. Grantee shall be responsible for obtaining all permits necessary to construct. operate. maintain or abandon the Pipeline System on the Easement. Without limiting the fore, ,oim;. and to the extent required. Grantee gill secure and maintain any and all envirouunental permits required by the Texas Commission on Environmental Qualin- coverim,the Easement. S. Subject to the limitations set forth in this paragraph, the Easement is non- exclusive and Grantor- shall at all urrtcs have the right to (1) use and enjoy the Easement Lands for any purpose not specifically prohibited herein: 00 grant easements and rights of way over, under. upon. across and within the Easement Lands to such persons as Grantor deems proper; (iii) construct and maintain improvements upon the Easement Lands: and (iy) construct and maintain irrigation systems and components and water distribution lines to cultivate and service Grantor's property (including the Easement Lands). provided, IIOIVCrrr. (A) no buildings. above ground improvements or reservoirs other than access drives may be constructed upon the. Easement Lands. (B) improvements allowed within the Easement Lands (other than drip irrigation lines and overhead irrigation equipment) may not parallel any pipelines) located within the Easement Lands. (C) all access drives. power lines, pipelines (other than drip -irrigation lines and overhead irrigation systems). and telephone and other telecommunication lines must cross the Easement Lands at no less than a 45° (fom--five degree) angle. (D) underground power lines and any metallic pipelines must have a minimum separation of t-wo feet (?') from all pipelines and must meet industry standards in order not to adversely affect or damage the Pipeline System. and (E) fences constructed by Grantor within the Easement Lands must have wes installed so that Grantee at all times has access over and across the Easement Lands. In the event that Grantor determuies to construct (or grant the right to any third pane to construct) improvements within the Easement Lands that arc not addressed above. Grantor shall provide not less than sixn• (60) days prior written notice to Grantee durin4_ which time Grantee mad• have the proposed improvements analyzed by its outside engineers. Grantor shall not construct such improvements until such time as Grantor and Grantees engineers agree upon a methodology for the construction of such improvements that will not adversely affect the Pipeline System. such agreement not to be unreasonably withheld by either Grantor or Grantee. Grantee covenants and agrees not to interfere with Grantor's rights to cultivate. use and cnjoy the lands for any purpose. except as limited herein. provided that any such operation or use by Grantor. or Grantor's heirs. successors or assigns, shall not unreasonable interfere with or endanuer the operations or integrity of the Pipeline System. 9. Grantee shall exercise due care and diliLence in the use of the rights and privileges herein --ranted to it. In case of abandonment of said Easement as provided in above. the title and interest herein aranted shall end. cease, and terminate, and title to the Easement, pipeiine. equipment and facilities shall revert to the then owner of the Lands. but shall not eliminated Grantee's restoration duties under paragraph 3. 10. Grantor agrees to cooperate and assist Grantee in obtaining an executed release from anv lien hold,-. tenant. lessee, or other party having an interest in the Lands. without cost to Grantor. Final Ea,umcw & 'Icmnorar Eatancw Pone 1 1. Grantor shall further cooperate and assist Grantee. without cost to Grantor. in obtainint, all assurances of` title and affidavits which the Grantor may determine 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 Grantec at its expense. The expense of recording this Easement shall be borne by Grantee. Finally. Grantee a�,rees to cooperate and aid Grantor. if necessary. to obtain anv curative documents needed. 12. -Grantee" when used in this instrument. shall include The Cite of Lubbock's officers. agents, servants. employees. representatives, contractors. independent contractors. subcontractors. and or their equipment or vehicles. '`Grantor" includes the Grantor's successors in title. 13. Words of anv gender used in this agreement shall be held and construed to include anti other Render. and words In the singular number shall be held to include the plural. and vice versa. unless the context requires otherwise. 14. It is understood and agreed that this Easement is not a conveyance of the fee estate for anv of the Lands covered hereunder. but is only an easement throwzh. over, under. upon. across and within the Lands. 15. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assi�ms of the respective panics hereto. 16. This Easement contains the final and complete expression of the parties with respect to any matter mentioned herein. except as to the actual consideration being paid by Grantee to Grantor for the Easement rid*hts, 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. 17. in case anv one or more of the provisions contained in this Easement shall for any reason be held to be invalid. illegal or unenforceable in any respect. such invalidity. illegality or unenforceability shall not affect any other provision hereof, and this Easement shall be construed as if such invalid. iilcual or unenforceable provisions had never been contained hcrein. 18. Anv notices or demands provided to be given herein by the parries shall be in writing: and mailed by certified or rel,istered mail to the other pam- at the address set forth above or at a substitute address provided in the same manner. 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 addressees certification or registn receipt. Final I-a,crucnt S. I cmpu.3rn LUN Prcat FUMI -t EXECUTED this 17th day -of September . 201A ("Effective Date") Frank 0. Brown .,x&4,,-,/L ��- Sarah lane ,,t-n Final F,ascmcnl \ Temporary Ea,micni S orm f EXECUTED this 17th dad of September 2014 ("Effective Date") GRANTOR: Frank O. Brou Sarah Jane BroNvn i f A 1 A�J- a Melinda Fuller Richard Fuller. pro forma Sus McCabe Tom McCab;;. pro -ma GRANTEE: Tne City -of Lubbock Bv: Name: T 1t1A. ATTEST: Rebecca Garza. Cite S final Ea-1-nl & 1 ciliroran Eascmnem Form \ 6 EXECUTED this 17th day of September . 201 ^ ("Effective Date") Final E.asemen: S i emnarsr% Fawh im Fnrni GRAN TOR: Franc: O. Brown Sarah Jane Brown Melinda Fuller Richard Fuller. pro forma WC G Susan Mc Tom e. pro onna GRANTEE: The Cite of Lubbo-A B v: Name: G len e!�o 6y4so n Title: Mawr, R APPROVED AS TO CO.\TE'\T: /� " J. , - �') APPROVED AS Ryan J. B STATE OF GEORGIA COUNTY OF r u 14od This instrument was acknowledged before me on & . c�5 . 2014, by Frank 0. Brown and ,�aife. Sarah Jane Bro'kvn. Y STATE -OF —NORTH CAROUINA COUNTY OF This instrument was Fuller. Notary Public tate of Borgia Printed iN4M)p of Notary NVIv commission expires: . -W 001%p ti ed before me on Notary Public. State of North Printed Name ofNotan- My commission expires: Fmu1 Eascmcm L Temporary Easemcn[ Farm r 2014, by Melinda APPROVED AS TO CONTENT: `ED AS TO FORM: Ryan J. Biabee,',uqorn-1 STATE OF GEORGLA ti COUNTY OF This instrument was acicnowledQed be erne on 2014, by Frank 0. Brown and wife. Sarah Jane Broxn. Notary Public. State of G Printed Name of Notary My commission expires: STATE OF NORTH CAROLINA s ti COUNTY OF Cu4 fU Fuller. This instrument ,,vas acicnowledRcd before me on Dc�e,,,�,e( r� . 201A_ by Melinda Not , Pu State of North Carolina l J ob;in5v Printed Name ofNotary My commission expires: �,tt 2e Final Easement & I m1x)r3ry F asonent Form. 1 STATE OF NORTH CAROLINA C0UNTTY OF 01cm-CU!) This instrumentwas acknowled4=ed before me on �Pre,,,,� S � 2{)1 -1. by Richard Fullcr. Not -v Publi . St t- of North Carolina l ckrFn J • 91, n 5c„ Printed Name of Notary NI conunission expires: � Yk Zaj STATE OF ILLINOIS C%ATY OF instrument nvas acknowied<ued before me on McCabe. Notary Public. State of Illinois Printed Name of Notary �4y commission expires: STATE OF ILLINOIS COUNTY OF 2014. b,,- Susan This instrument -was acknowledted before m: on 2014. b,,- Tom McCabe. Notary Public. State oflliinois Printed Name of Notary \Mv commission expires: FtmO as�mcnt & It cntpotur i.a.Lwent Form 8 STATE OF NORTH CAROLF\A CO . T Z OF y This inst gent was acknowledged before me on Fuller. STATE OF ILLIN/OIIS COUNTY OF W©� This instrument was a --know McCabc. Notary Public, of North Carolina Printed Name ofNotary My commission expires: before me on /0l & Nlar ulc Vateo (11inol's 11 Printed Name of Notan- Mv commission expires: 1%tl'z�r STATE OF ILLIN OIS COUNT- OF O This instrument was acknovvledUed beforr: me on l0 McCabc. Printed Name of Notary My commission expires: Final Ea;t!men: S iempnrar tawnient Komi 2014. by Richard , ?0I4. b%, Susan a IAL SEAL" S. STAWIK STATE OF ILLINOISEXPIRES i1-04-2014 '1014. by Tom 'bPFICIAL SEAL" ROSERT S, STAWIK NOUY POKC STATE OF ILLINOIS MY Cf)WSMON EXPIRES 11-04-2014 STATE OF TEXAS COUNTS' OF LUBBOCK ROBE said Texas Home Rule Corporation. CEI.aH WCB3 G Notar; pub;lc, Slane 4' Texas r lcr���yCcmmissm Expires{3 Final Lascmcn: s 7-3njrnrar. cas�-mcru Form This insuvment was acknowledged before me can RTSON on behalf of the Cin- of Lubbock. a Texas Home .2014. by GLEN Rule Corporation on behalf of Notan- Public. State of (-eKAS Ce,i�w INeb16 Printed Name ofNotan' My commission expires: b3 - Q1-;1� Exhibit A Legal Dwscription of the Perpetual Easement Final hacemcnt .l i cmnoran caamcnt Form 10 318.2 ACRES M4R7'HA k??6 A FFIW'S 5"S YCY. 2630, PG. P59 POINT OF BEGlNNI SCALE : 1"=350' Line Table Line # Direction Length L1 SR8' 09' 26"E 30.00, L2 S01' 46' 48"W 3137.371 L3 N88° 16' 22'W 30.00' L4 N01°46E6"[ 3t37.43' IM AMES FRANK B SARAY BROWN 44ELAVA FULLER SUS�W AcCA6E pa— /9M,, PG. 139 AWE AQ 60. 00 AMES 77NJU4V K. B 7A WN 0. LEIixS' Ll')"AV'GI07049 4T9 //G A04£S AEWMAIV LUSK Va. 369GQ PG. 4/ COUNTY ROAD Cti a '-•�' Pp.O AQ7E5 1 ctrrxV7DQWM I 236 A0-5 IAa6NtZ C=rA= ,AV 00aAd 7vrFUW BAILEY COUNTY WATER PIPELINE Parcel No. 31 - Permanent Easement PERIMETER SURVEY OF A 2,161 ACRE TRACT LOCATED M SECTION 25, BLOCK JS LUBBOCK COUNTY, TEXAS Bearings arc 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: L0002347 Survcycd on the ground. Navcnlber S. 2013 �'O— 1. , fto, Wis E, Allen tercd Professional Land Surveyor No. 5895 State of Texas ST r 1C- CsY S Tyd� ! JOHN E. ALLEN .a 5895 v jq� L.P°�zssi���'I NOTES: HEAVY LINES INDICATE PLAT Li NUTS. e- SET 1/2" IRON ROD WITH CAP �- FOUND 5/9" IRON ROD o FOUND 1/2" IRON PIPE ®- FOUND 1/2" IRON ROD A legal description of even survey date herewith accompanies this plat oPsur.'ey. No abstract of title or titIc commitment was provided to this surveyor. Record research don: o� this surveyor was made only For the purposc or determining the boundary of this properly and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property, Sheet 1 of 2 C.opysight 2013, Hugo Reed end Associates, Inc. for the sale use o. Talc Ca. for OF 0 And wry other idenaiirs as indieare3 in the erri fcarc shown ncren BAILEY COUNT' WATER PIPELINE Parcel No. 32 - Ternporary Easement PERIMETER SURVEY OF A 2.161 ACRE TRACT LOCATED IN SECTION 25, BLOCK JS LUBBOCK COUNTY, TEXAS METF,S AND BOUNDS DESCRIPTION o.`a 2.161 acre parcel loca:ed in Section 25, Block JS, Lubbock County, Texas, being a portion of 138 acre tract described in Volumc :903, Page 139, Deed Records. Lubbock County. Texas, being further described as follows: BEGINNING at a 112" iron rod with cap set (North: 7297284.04', East: 911432.77') in the North line of said 138 acre tract and in the South line of a l 10 acre tract described in Volume 3690, Page 41, Real Property Records, Lubbock County, Texas, which boars S 88°09'26" E. a distance of 60.00 from a 5/8" iron rod found at the common comer of Sections 24, 25, 26, and 29. Block JS. Lubbock County, Texas, for the Northwest corner of this parcel; THENCE S. SV09'26" E. along the common line ofsaid 138 acre and 110 acre tracts, also being the common line of said Sect:❑ns 25 and 24, Block JS, a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 01 °46'48" W. at 20.00 feet pass the South line of a 40.00 foot road easement described in County Commissioners Court Minutes dated January 16, 1922, at 3087.35 feet pass a 1,'2" iron rod set in the North line of a 20.0 acre tract described is County Clerk File Number 2007048479, Official Public Records, Lubbock County, Texas, continuing For a total distance of 3137.37 feet to a 1'2" iron rod with cap set in the South line of said 139 acre tract, for the Southeast corner of this parcel; THENCE N. 89016'22" W. along the South line of said 138 acre tract a distance of 30,00 feet to a ill" iron rod with cap set for the Southwest comer of this parcel; ` THENCE N. 01'46'48" E. at 50.02 feet pass a 1/2" iron rod with cap set in the North line of said 20.0 acre tract, at 3117.43 fcct pass the South line of said 40,00 foot road easement, continuing for a total distance of 3137.43 Feet to the Point of Beginning. Bearing, relative to Grid forth, 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 November 8, 2013 . Um— JeE. llen Registered Professional Land Survevor No. 5945 State of Texas �OFr� JOHN E. ALLEN r- a, 3895 Sheet 2 of 2 Copyright 2013, 1tugo Real and Assoc wes, Inc. for :ne tole use or Tine Cc for GF k and my other idewiflcrs as indicated in toe ccttitkatc ymu^: nctu:-i FILED AND RECORDED �r OFFICIAL PUBLIC RECORDS Kelly Pinion, County Cleric Lubbock County TEXAS January 02, 2015 01:29:10 PM FEE: $98.00 2@15@@@149