HomeMy WebLinkAboutResolution - 2014-R0113 - Accept Easement Block JS - 03_27_2014Resolution No. 2014-RO113
March 27, 2014
Item No. 5.22
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 33, 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 $7,804.00 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
GLE ROB - TSON, MAYOR
ATTEST:
Reber a Garza, City Secret
APPROVED AS TO CONTENT:
A g
R. Keith Smith, P.E., Director of Public Works
Dave Booher, Right -of -Way Agent
APPR V ' AST FORM:
Chad Weaver, Assistant City Attorney
RES.Easement.Hardberger
March 11, 2014
Resolution No. 2014-R0113
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
George Hardberger, with mailing address of Post Office Box 1219, Lubbock, Texas
79408, hereinafter referred to as GRANTOR, for a valuable consideration, to it paid by The City
of Lubbock, Texas (the "Grantee") with offices at 1625 13'h 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 `Basement") 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 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 "Temporary
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 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,
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
Final Easement & Temporary Easement Form
to locate the Pipeline System through, over, under, upon, across and within the Easement
for the purpose of water/waste 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 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. Grantee agrees that 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.
Final Easement & Temporary Easement Fonn
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.
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 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.
Final Easement & Temporary Easement Form
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 unenforceability 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 parry'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 party.
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.
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
Final Easement & Temporary Easement Form
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. Unless determined by an outside engineer to be impractical due to the
existence of rock or material elevation change, all ditching shall be in accordance with
the "double ditch" method whereby the top twelve inches (12") of soil (the "Top Soil')
shall be removed from the Pipeline System trench (the "Trench") and stored in a pile that
is segregated from all other material and debris, and the remaining soil (the "Bottom
Soil") shall be removed from the Trench and stored in a pile that is segregated from the
Top Soil. When the Trench is refilled after the Pipeline System has been laid and the
Pipeline Equipment installed, the Bottom Soil shall be placed in the trench first leaving
room to fill the uppermost twelve inches (12") of the Trench to be filled with Top Soil.
Top Soil shall be used to fill the remainder of the Trench. Any Bottom Soil remaining
after filling the Trench shall be removed from the Easement and disposed of off of the
property of Grantor. As stated above, single ditching shall be allowed in all areas where
"double ditching" is impractical (as determined by an outside engineer) due to the
existence of rock or material elevation change.
24. 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.
25. Subject to the limitations set forth herein, the Easement is non-exclusive
and Grantor shall at all times have the right to (i) use and enjoy the Easement for any
purpose not specifically prohibited herein; (ii) grant easements and rights of way over,
under, upon, across and within the Easement to such persons as Grantor deems proper;
(iii) construct and maintain improvements upon the Easement; and (iv) construct and
maintain irrigation systems (including drip and overheard irrigation systems) and
components and water distribution lines to cultivate and service Grantor's property
(including the Easement), provided, however, (A) no buildings or reservoirs may be
constructed upon the Easement, (B) improvements (other than drip irrigation lines,
overhead irrigation equipment, streets, roads and alleys) may not parallel the pipeline
within the Easement, (C) all power lines, pipelines (other than drip_irrigation lines and
overhead irrigation systems), and telephone and other telecommunication lines must
cross the Easement at no less than a 90' (ninety degree) angle, (D) underground power
lines and any metallic pipelines (excluding irrigation water lines and water distribution
lines used to service Grantor's property) must have a minimum separation of two feet (2')
from the pipeline 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
must have gates installed so that Grantee at all tunes has access over and across the
Easement. All improvements allowed to be placed within the Easement Lands by
Grantor as indicated herein shall not adversely affect the Pipeline System in any material
manner. In the event that Grantor determines to construct (or grant the right to any third
party to construct) improvements within the Easement that are not addressed above, or
that may materially, adversely affect the Pipeline System, Grantor shall provide not less
than thirty (30) days prior written notice to Grantee during which time Grantee may have
the proposed improvements analyzed by its outside engineers. If during such thirty (30)
Final Easement & rempotaty Easement Fonn
day period Grantee provides to Grantor a detailed analysis of why the proposed
improvements will adversely affect the Pipeline System, Grantor shall not construct such
improvements until such time as Grantor and Grantee's 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 and Grantor will at all times use their good faith efforts to
accommodate the needs and activities of one another. Grantee covenants and agrees not
to interfere with Grantor's rights to cultivate, use and enjoy 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 interfere with or endanger the operations or
integrity of the Pipeline System. Grantor may construct, without the prior written
consent of the Grantee, one or more driveways across the Easement which shall traverse
the Easement and not less than a 90' (ninety degree) angle to allow for vehicular and
pedestrian access from North County Road 1600 (or such other number/name as said
road may in the future be designated) to Grantor's property situated immediately east of
the Easement. All improvements allowed to be placed within the Easement Lands by
Grantor as indicated herein shall not adversely affect the Pipeline System. Grantor
acknowledges that Grantor shall not be compensated by Grantee or Grantee's
representatives in the event of damage, destruction or removal of any improvements
allowed to be installed by the Grantor herein. To the extent that the terms and provisions
of this paragraph 25 conflict with any other terms and provisions of this Easement
Agreement, the terms and provisions of this paragraph 25 shall control.
26. Grantee shall be solely responsible for the design and construction of the
Pipeline System constructed within the Easement Lands, as well as the operation,
maintenance and repair thereof.
TO HAVE AND 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 ]
Final Easement & Temporary Easement Forth
EXECUTED this ?7 day of _ru 6t r , 2014 ("Effective Date").
l3T3 A ATT!\D .
GRANTEE:
The City of Lubbock
By:
Name: Glen C. Robertson
Title: Mayor
ATTEST:
Rebe ca Garza, City ecreta
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
k , )2,1 ( /
PIAGtr-aR OJC rw LIC 1,Jg2K&
APPROVED AS TO FO
Attorney
Final Easement & Temporary Easement Form
STATE OF-11.u�§
COUNTY OF §
STATE OF TEXAS
COUNTY OF LUBBOCK
before me on K/ • 2— , 2014, by George
My commission expires: UJIL-Ki I IVIV)
9
This instrument was acknowledged before me on P ,dA=,Ai R-2 , 2014, by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of
said Texas Home Rule Corporation.
CEUA WEBB
N" Plbir~ 8W0ITNU
My Coi E*M 00-01.2018
Final Easement & Temporary Easement Form
Nota ublic, State of Teiccas
Printed Name of Notary
My commission expires:03-01.2018
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Final Easement & Tenpomry Easement Form
E&W rWnK+tr
MEL7w g ecaor,V I
&MYSrA M
KX. 9M Act Jeer
a i ao
POWT OF
.s"Ai
RX, AM
BAILEY COUNTY WATER PIPELWS
% use Parcel No. 39 - Pwrtancnt Easement
PERIMETER SURVEY OF A 1,905 ACRE
-� TRACT LOCATED 1N
SECTION 33, BLOCK JS
LUBBOCK COUNTY,IEAS
Lhe Table
Um
Dholon
Length
Lt
Nor 50 WE
2seo.01'
LZ
SSa- 14, ME
Aw
LJ
3e1150'34w
2543AW
L4
941" or WS
42AT
La
101-SY54-W
IMY
LO
NO' IN 02-W
MW
MraAamw
ClfWwW
— — _ M.M —
IW AQWX
AM- Titoa Af-LMW
C"WO
Beadugr are tehtave to the Texas coordinate
System of 1983, North Central Zone, NAD 83
(20M Epoch 2010,0
Distaooea wo wrlhoe, U.S. Survey feet.
Combined Scalo Factor. 1.0002347
Surveyed on the ground.
October 10. 2013
8 Allen
Professional
Land Surveyor No. 3893
State of Texas
NOTES:
HEAVY LINES INDICATE FLAT L1M1TS.
®- 5ET 1/2" IRON ROD WITH CAP
®-FOUND 112" 1RON ROD
®- FOUND la" IRON ROD WITH CAP
p-FOUND 1" IRON PIPE
®- FOUND RAIL ROAD SPIKE
A legal description of even survey date
hmwith aocantpanica this plat of survoy.
NOTE; No abatraet oftitle or title ooramitmentwas
provided to this survayer. Record mscarch done by
this surveyor was made only for the purpose of
detmmining the boundary of Chia property and of
the adjoining parcels, Record documents othertim
those shown on this survey may exist and
encumber this property.
Sheet 1 of 21
BAILBY COUNTY 'WATER PIPELINE
Parcel No. 39 - Permanord Easoment
PERMETER SURVEY OF A 1.905 ACRE TRACT LOCATED IN
SECTION 33, BLOCK IS
LUBBOCK COUNTY, TBXAS
METES AND BOUNDS DESCRIPTION of a 1.805 acre parcel bed a portion of a 317.8 acre tract located in Section 33, Block JS,
Lubbock County, Taxes, described in County Clerk File Number 2009045752, Official Public Records, Lubbock County, Texas, being
further described as follows:
BEGINNING at a 112" iron rod with cap sot (North: 7302605.841, But., 91150.01� in the East line of Northwest Puce, on Addition to the
County of Lubbock, according to the map, plat and/or dedication dead tbereof app roved in County Commisdanars Court Minutes dated
April 12,1976, and at the Northwest comer of a 50.00 foot State of Texas right-of-way described in Volume 893, Page 211, Deed
Records, Lubbock County, Texas, at the Northeast corner of a 50.00 foot State of Tom rigbt-0of--way described in Volume 880, Page 609,
Deed Records, Lubbock County, Texas, and at the Southeast corner of a 50.00 foot right-of-way described in Volume 1467, Page 432,
Doed Records, Lubbock County, Texas, which bears N. 0115&24' E. a distance of S0.00 tract from a railroad spike found at the Southwest
comer of said 317.9 acre tract and at the common corner of Sections 24, 29, 33 and 34, Block JS, Lubbock County, Texas, for tbo
Southwest corner of this parcel;
THENCE N. Ol "50'24" E. along the common line of said 317.8 acre treat and said Northwest Place, also being along the East line of sand
50,00 foot right-of-way, at 2560.00 The peen the Northeast comer of said Northwest Place, being the Northwest corner of said 50.00foot
rigbt-of-way, also being the Southeast corner of it 20.00 foot gas line easement described in Volume 1193, Page 2, Deed Recants,
Lubbock County, Texas, and being the Southeast corner of the Bast half of the Northwest quarter of Section 34, Block JS, described in
Volume 920, Page 255, Deed Records, Lubbock County, Texas, continuing for a total distance of2590.01 fbet to a I"iron pipe found at
the Northwest corner of said 317.8 sore tract and at the Southwest corner of Tract 10, Northwest Place 11, an unreoarded subdivision,
described in County Clerk File Number 2008038790, Official Public Records, Lubbock County, Texas, at the Southwest corner of a 50.00
foot private across easement described in V6n ue 1681, Page 168. Deed Records, Lubbock. County. Texas, and at the Southwest comer of
a 10.00 foot gas line easement described in Volume 1193, Page 1, Deed Records, Lubbock County, Texas, far the Northwest corner ofthis
phi
THENCE S. 88014'17" E. along the common line of said 317.8 acre tract and said Tract 10, Northwest Place II, and along the Smith line
of said 50.00 foot access easement and along the South line of said 10.00 gas line easement, at I0,00 feet pass the Southeast corner of said
10.00 foot gas line easement continuing for a total distance of 30.00 feet to a 1R" iron nod with cap sat for the Northeast comer of this
parcel;
THENCE S. Ol °50'24" W. a distance of 2543.83 foot to a 112" iron rod with cap set for a corner of this parcel;
THENCE S. 43009'36" E. a distance of 42.45 feet to a l /2" iron rod with cap act for a comer of this parcel;
THENCE S. 01°53'54" W, a distance of 16.13 feet to a 1 /2" iron rod with cap act in the North line of said 50.00 foot State of Texas
right-of-way described in Volume 880, Page 609. Deed Recorder for the Southeast corner of this parcel;
THENCE N. 88014'02" W. along the North line of said 50.00 foot State of Texas right-of-way described in Volume 880. Page 609, Dead
Records, a distance of 60.00 feet to the Point of Beginning.
Bearings relative to Grid North, NAD 83 (2011), Tom Coordinate System, North-Central Zone. Distances and coordinates an Surface,
U. S. Survoy Feet, Combined Scale Factor.1.0002347
A plat of oven survey daft herewith eoeompanies this logal description.
Surveyed on the ground
October 10, 2013
it OL E am".
JW 13. Allen
Registered Professional
Lend Surveyor No. 5995
State of Taxes
2 oF2
Exhibit B
Legal Description of the Temporary Easement
Final Easa=t & Tempawy Basement Farm
$ErrQV^&Mrs I
Mrs'rANMKZ. Al AV
I
SCALE: 1 "-3W `
y I a d
n
FF
30
V~�
WA
2
sz
as 1 40
PO T OF
Mr lo BAILEY COUNTY WATER PIPELINE
MMEM AXI Parcel No. 40 - Tomporlry Easement
airmwr nwr pERINIETER SURVEY OF A 1.792 ACRE
.__...� TRACT LOCATED IN
SECTION 3 3, BLOCK JS
LUBBOCK COUNTY, nMS
Lhe Table
Lilts #
Dhctlon
Length
Ll
NOl-53.34.0
16.18
L2
N43- 09' 39' W
42AY
L3
NOl-5U2/"R
254M'
L4
SW IN 17-E
3Q.W
L5
S01'30'34-W
2531.44'
Ls
9431 09' 361R
4W
L7
SOl - 33' 54-W
25.31'
tE
Nos' 14's2-W
3401Y
anaAa�s
aaoagi'roz
_. _ _ _.-whfi.QP-iJ0 II/ _
aVAPW
APW-TAD d1 r #-LGV W
02IR=70001949
Bearings are relative to the Texas Coordinate
Sygem of 1983, North 0enttel Zone, NAD 83
(2011). Epoch 2010.0
Distances are surAue, U.S. Swvcy &tt.
Combines! &sIo Forfar: 1.0002347
Surveyed on the ground.
October ,2013
L
LFat
Professional
Land Surveyor No. 5895
State of Togas
NOTES:
HEAVY LIMBS INDICATE PLAT LIMITS.
t;t- SET 1/2" IRON ROA W M CAP
e- FOUND In" IRON ROD
® - FOUND IM IRON ROD WII'N CAP
O -FOUND V IRON PIPE
m- FOUND RAIL ROAD SPME
A 1cga1 doscription of even aumy date
herewith aoconrpanses this plat of survey.
BM. No abstract of title or title surmnakrA was
Provided to this surveyor. Record meamh done by
this surveyor was made only for the prltpow of
detemining the boundary of this property and of
the 4oiningparcels, Record doctm"oflwthan
amm shown on this survey may exist and
encumber this property.
Sheet 1
BAILEY COUNTY WATER PDIELM
Parcel No. 40 - Temporary Easement
PER aTER SURVEY OF A 1.792 ACRE TRACT LOCATED 1N
SECTION 33, BLOCK JS
LUBBOCIC COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 1,792 acre parcel being a portion of a 317.8 acre tract located in Section 33, Block JS,
Lubbock County, Texas, described in County Clerk File Number 2009045732, Official Public Records, Lubbock County, Texas, being
further described as follows:
BEGINNING at a 1/2" iron rod with cap act (North: 7302603.991. But: 911604.981 in the North line of a 50.00 foot State ofTexas
right-of-way described in Volume 983, Pago 211, Deed Records, Lubbock County, Texas, which bears N. 01*50'24" E. a distance of 50.00
fact and S. 88° 14'02" E. a distance of 60.00 feet from a railroad spike found at the Southwest corner of said 317.8 acre tract and at the
common corner of Sections 24, 29.33 and 34, Block IS, Lubbock County, Texas, for the Southwest corner of this parcel;
THENCE N. 01*53154' E. a distance of 16.13 fist to a 1/2" iron rod with cap set for a corner of this paraol;
THENCE N. 43009'36" W. a distance of 42.45 feet to a 1/2" iron rod with cap set for a corner of this parcel;
THENCE N. 01 050'24" E. a distance of 2453.93 feet to a 1 /2" iron rod with cap set in the North line of said 317.8 acre tract and in the
South line of Traet 10, Northwest Place n, an unrocorded subdivision, described in County Clerk File Number2008038790, Official
Public Records, Lubbock County, Texas, and in the South line of a 50.00 foot private access casement described in Volume 1681, Page
168, Deed Records, Lubbock Cotmty, Texas, for the Northwest cornet of this parcel;
THENCE S. 390 14'17" E, along the common line of aid 317.8 acre tract and said Tract 10, Northwest Place 11, and along the South linu
of said 50.00 foot access easement, at 20.00 feet pass the Southeast corner of said 50.00 foot access easement, continuing for a total
distance of 30.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel;
THENCE S. 01 °50'24" W. a distance of 2531.44 feet to a 1/2" iron rod with cap set for a sorrier of this parcel;
THENCE S. 43 009'36" E. a distance of 42.47 foot to a U2" iron rod with cap set for it comer of this parcel;
THENCE S. 01 053'54" W. a distance of 28-51 feet to a 112" iron rod with cap set in the North line of said 50.00 foot State of Texas
right-of-way described in Volume 880, Page 609, Deed Records, for the Southeast corner of this parcel;
THENCE N. 88,14102" W, along the North lino of said 50.00 foot State of Texas right-of-way described in Volume 880, Page 609, Deed
Records, a distance of 30.00 feet to the Point of Boginning.
Bearings relative to (arid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances and coordinates are Surface,
U. S. Survey Feet. Combined Scale Factor: L0002347
A plat of even survey date herewith accompanies this legal description.
Surveyed on the ground
October 1 , 2013
t '
13. Allen
aterod Professional
Land Surveyor No. 5895
State of Torras
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