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Home My WebLink AboutResolution - 2014-R0204 - Temporary Easement - Well Field Supply Line - 06_12_2014Resolution No. 2014-RO204 June 12, 2014 Item No. 6.11 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 Temporary Easement as described on Exhibit "A" attached hereto and incorporated herein by reference, located in Section 15, Block JS, Lubbock, Lubbock County, Texas, for the Bailey County Well Field Supply Line Project, and related documents. Said Temporary 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 Temporary Easement shall be $1,303.00 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 .Tune ATTEST: Rebec a Garza, City Secreta 014 GLEyZC ROB9RTSON, MAYOR APPROVED" AS TO CON T NT: __ If R. Keith Smith, .E., Director of Public Works D44'r, .* Dave Booher, Right -of -Way Agent S TO FORM: Chad Weaver, City Attorney ccdocs/RES.Easement. - Blue Goose -Parcel 21 May 13, 2014 r Resolution NO. 2914-RO204 201s018017 8 PGS EASE mill !'� tYk:�'��1 RETURN: WEST T X TLE COMPANY FEE N0. TEMPORARY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § GRANTOR, BLUE GOOSE. LTD., a Texas Limited Partnershi , with street address of of 6309 Indiana Avenue. Suite B Lubbock. Texas 79413-6713 , L-ubbee F--'FX 794 . for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13th 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 temporary easement, servitude and right-of-way, as described herein (hereinafter called the "Temporary 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. Grantor hereby grants to Grantee a Temporary Easement for ingress, egress and regress through, over upon across and within the Lands for the purposes set forth herein, including but not limited to storage of pickup trucks and other vehicles, storage of track -hoes, storage of front end loaders, storage of concrete trucks, storage of other equipment, storage of tie-in pipe and other materials and for all things necessary or related to the Grantee's construction/pipeline projects in Lubbock County, Texas. Such Temporary 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 Temporary Easement and the Lands. The Temporary Easement shall terminate and expire within eighteen (18) months after execution of this Agreement. For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, this Temporary 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 Temporary Easement for the purposes of the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and along said Temporary Easement for the purposes described hereinabove. 2. Unless Grantor agrees otherwise in writing, 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 Grantee's use of the Temporary Easement shall, be removed by Grantee from Grantor's property. 3. This grant of Temporary 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 Temporary Easement, the rights and privileges herein granted to Grantee, or endanger any of Grantee's property, at the sole discretion of the Grantee. Temporary Easement Parcel 49 BCWL 00L__ / 55' 4. After initial construction by Grantee of all improvements called for in the Permanent Easement (as defined hereinbelow) or eighteen (18) months, whichever is later, title and interest herein granted shall end, cease, and terminate, and title to the Temporary Easement, shall revert to the then owner of the Lands. 5. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents needed. 6. "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. 7. The provisions of this Temporary Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 8. This Temporary Easement may be modified in writing only, signed by the parties in interest at the time of the modification. 9. In case any one or more of the provisions contained in this Temporary 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 Temporary Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 10. 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 party. TO HAVE AND TO HOLD said Temporary 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 ] Temporary Easement Parcel 49 BCWL 2 EXECUTED this -�Z day of , 2014 ("Effective Date"). GRANTOR: BLUE GOOSE. LTD.. a Texas Limited Partnership Title: GRANTEE: The City of Lub Name: v C1 en C. Robertson Title: Mayor ATTEST: Ixlt ::�- � Re cca Garza, City Secreta [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: A DIXeCTU* o (- PK ITLtC wo 02.r<s Temporary Easement Parcel 49 BCWL 3 Ryan. Bigbee,Attorney STATE OF TEXAS COUNTY OF LUBBOCK Not ublic, State of Texas Printed Name of Notary My commission expir, s:...--- RWERE . mo Pubic, State of Texas My, Co minion E#w 05,2aW STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on l , 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas brome Rule Corporation on behalf of said Texas Home Rule Corporation. ECELIA WEBB Notary Public, State of Texas My Commission Expires 03-01.2018 &'&g2 Z&,/, Not ublic, State of Printed Name of Notary My commission expires: 03 - 01-ao IS Temporary Easement Parcel 49 BCWL 4 Exhibit A Legal Description of the Temporary Easement Temporary Easement Parcel 49 BCWL • 5.47ACRES JOSS GOWAL£Z 5. A 1-t- co-#x/Ogx1,67 LJ TAMYA CMLESCALE:1"=150' OE Line Table Line # Direction Length Lt N88° 05' 43'W 30.00' L2 NOl' 48' WE 1165.67 L3 S88. 12' 24'E 30.W L4 I S01.48'58'W 116S.73' 105.459 ACRES BLUE GOOSE, L TD. VM. 8950 PC 84 PG. 0. 547At • fi=E 8 SYL K4 JIMEZ YZX . /0 7 1 61! BAILEY COUNTY WATER PIPELINE Parcel No. 21 - Temporary Easement PERIMETER SURVEY OF A 0.803 ACRE TRACT LOCATED IN SECTION 15, BLOCK JS 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 feet. Combined Scale Factor: 1.0002347 5.47AQ4LeS PAUL a SH£RRYPAYNE / VOL. G33 AG I70 a 1 5.47AI S ✓ACK a LAVA K/RK 5.4126 ACP�S- ERNESTO C7�QGCV LA 5.47ACWES &LE GOOSE, L TD. Ctr#Z7100171548 -54 L5 ALAN a LL1R/lt1ELSQ1/ TILL), POINT TOOFBEGINNING AV ESTATES 6 LOTS /-/0 J(/ tV . 6/97, PG. 40 I Surveyed on the ground. August 16, 2013 a-Q.. E . (�. Allen �-- Z E. Rcg'tsicrcd Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. O- SET 1/2" IRON ROD WITH CAP o- SET MAG NAIL WITH WASHER a- FOUND 1/2" IRON ROD A legal description of even survey date herewith accompanies this plat of survey, 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. Sheet 1 of 21 Copyright 2013, Hugo Reed and Associates, Inc. for the sole use For GF p and any other identifiers as indicated in the certificate s1 BAILEY COUNTY WATER PIPELINE Parcel No. 21 - Temporary Easement PERIMETER SURVEY OF A 0.803 ACRE TRACT LOCATED IN SECTION 15, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.803 acre parcel located in Section 15, Block JS, Lubbock County, Texas, being a portion of 105.459 acre tract described in Volume 8950, Page 84, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7287705.76', East: 911042.35') in the South line of said 105.459 acre tract and in the North line of Lots 1-10, North Upland Estates, an Addition to the County of Lubbock according to the map, plat and/or dedication deed thereof recorded in Volume 6197, Page 40, Real Property Records, Lubbock County, Texas, which bears N. 88°05'43" W. a distance of 30.00 feet and N. 01 °48'58" W. a distance of 977.71 feet from a 1/2" iron rod with cap found at the common comer of Sections 3, 4, 8 and 15, Block JS, Lubbock County, Texas, for the Southeast comer of this parcel; THENCE N. 88005'43" W. along the North line of said North Upland Estates and the South line of said 105.459 acre tract, at 25.00 feet pass the Northernmost Northwest corner of said Upland Estates, continuing for a total distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest comer of this parcel; THENCE N. 01 048'58" E. a distance of 1165.67 feet to a point in the North line of said 105.459 acre tract, also being the South line of a 5.2525 acre tract described in Volume 8252, Page 214, Official Public Records, Lubbock County, Texas, for the Northwest corner of this parcel; THENCE S. 88012'24" E. along the common line of said 5.2525 acre tract and said 105.549 acre tract, at 5.28 feet pass a 1/2" iron rod found, continuing for a total distance of 30.00 feet to a 1/2" iron rod with cap set for the Northeast comer of this parcel; THENCE S. 01 048'58" W. a distance of H 65.79 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 on the ground August 6, 2013 OJA' o E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 ght 2013, Hugo Reed and A=iates, Inc. for the sok use of Title Co. 0 and any other identifiers as indicated in the certificate shown hereon FILED AND RECORDED OFFICIAL PUBLIC RECORDS 0 Kelly Pinion Countyy Clerk Lubbock County TEXpS 05/23/2016 01:43 PM FEE: g50.00 2016018017 Issue Date : 8/29/2014 TAX. CERTIFICATE _-. Lubbock Cents! Appraisal District 2109 Ave Q PO Box 10568 Lubbock, TX 79408-3568 Ph: 806-762-5000 x6 Fax: This certificate includes tax years up to 2013 Entities to which this'certificate applies: HSP - Lubb Cnty Hospital GLB - Lubbock County WHP - Hi Plains Water SFR - Frenship ISD Information --- Property ID : AC54015-90172-70000-000 O; k R f 1 D' R514Or) Owner Information Owner ID : 0013158 ulc - e Value Information SLUE GOOSE LTD Land HS $0.00 6309 INDIANA AVE STE B 79416 Land NHS $0.00 LUBBOCK, TX 79413-5739 Imp HS $0.00 Imp NHS S0.00 Ownership: 100.00% BLK JS SEC 15 AB 172 TR Ag Mkt S86,816.00 C1 & D AC: 105.4599 Ag Use $54,753.00 Tim Mkt S0.00 Tim Use S0.00 HS Cap Adj $0.001 Assessed : $54,753.001 This Document is to certify that after a careful check of the Tax Records of this Office, the following Current or Delinquent Taxes. Penalties, and Interest are due on the Property for the Taxing Entities described above: Entity - - _ °Year _ - - - Tax - _ -Discount - __----_-� : P&I .. Atty Fee - -_ TOTAL GLB 2013 189.07 0.00 Q.00 0.00 0,00 HSP 2013 64.85 0.00 0.00 0.00 0.00 SFR 2013 821.32 0.00 0.00 0.00 0.00 VV1-IP 2013 4.43 0.00 0.00 0.00 0.00 Total for current bills if paid by 8/31/2014 : S0.00 Total due on all bills 8131/2014 : S0.00 2013 taxes paid for entity GLB $189.07 2013 taxes paid for entity HSP $64.85 2013 taxes paid for entity SFR S821.32 2013 taxes paid for entity WHP $4.43 2013 Total Taxes Paid : $1,079.67 Date of Last Payment : 01/25114 If applicable, the above -described property is receiving special valuation based on its use. Additional rollback taxes that may become due based on the provisions of the special valuation are not indicated in this document. This certificate does not clear abuse of granted exemptions as defined in Section 11.43, Paragraph (i) of the Texas Property Tax Code. Ilri[ir�rrlrr 41ssue 08/29/2014 .rector WEST TEXAS TITLE COMPANY INC Nur-iber Pam Signature of Authorized Officer of the Tax Office % C 2003 Tyler Technologies, Inc. QuickReflD: R51400 Issue Date: W2912014 Page 1 of 1