HomeMy WebLinkAboutResolution - 2014-R0205 - Temporary Easement - Well Field Supply Line - 06_12_2014II
'Resolution No. 2014—RO205
June 12, 2014
Item No. 6.12
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 10, 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 $10,348.90 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 June 12, 2014
GLEWt/RO1TtRTSON, MAYOR
ATTEST:
R be ca Garza, CitASecret
APPROVED AS TO CON ENT:
R. Keith Smith, P.E., Director of Public Works
Z e? _
Dave Booher, Right -of -Way Agent
APPRO D AS TO FORM:
Chad Weaver, City Attorney
ccdocslRES.Easement-MCP-Parcel 52,54
May 14, 2014
Resolution No. 2014-RO205
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
MCP Enterprises, LLC, a Texas limited liability company, hereinafter referred to as
GRANTOR, with street address of 7112 19s' Street, Lubbock, Texas 79407, for a valuable
consideration, to it paid by The City of Lubbock, Texas ("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 non-
exclusive easement as described herein (hereinafter called the "Easement") through, over, under,
upon, across and within the lands, described in Exhibit A attached hereto and made a part hereof
(hereinafter called the "Easement Lands") situated in Lubbock County, Texas.
Pipelines and Equipment
The Easement shall be used solely 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 reasonably related thereto, or any part thereof, for and/or related to the
transportation of water through, under, upon, over, across and within the Easement Lands to
serve the Grantee's water system (hereinafter collectively called the "Pipeline System").
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 the Pipeline System under, on and over
said Easement Lands for the Permitted Uses; and (c) the right to locate the Pipeline System
through, over, under, upon, across and within the Easement Lands.
2. Grantee covenants and agrees that its use of the Easement and its operations
conducted thereon shall 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 promptly commence, upon receipt of
written notice of such violation, the process of curing such violation so that Grantee will be in
compliance with this paragraph and shall diligently complete such cure.
3. The Easement granted herein shall be for the transportation of water for the
Grantee's water system, regardless of source, and shall continue in full force and effect unless
Grantee should abandon the use of the Pipeline System as identified herein. The rights granted
to Grantee herein may be abandoned solely by a formal resolution of Grantee's 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 Easement Lands are located.
4. The term of the Easement shall commence with the granting of the Easement and
continuing until such time that the Easement is abandoned by Grantee.
5. Grantee agrees that in the exercise of any of the Permitted Uses by or on behalf of
Grantee related to the Pipeline System, any and all raw materials, timber, spoil piles, excess dirt,
wood, bushes, cut trees, cut shrubs and brush, and other debris materials resulting from the
exercise of the Permitted Uses shall promptly be removed by Grantee from Grantor's property.
6. Grantee shall keep the Easement Lands in good and safe 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 Lands. 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 Lands, Grantee shall have the right to cut
fences and install gates to enable Permitted Uses for the Pipeline System.
S. This grant of the Easement shall not preclude the right of Grantor to cultivate, use,
and enjoy the Easement Lands for any purposes which will not constitute an unreasonable
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
Paragraph 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 Easement
Lands.
11. Grantor warrants and represents that the title to the Easement Lands described
herein are vested in the Grantor, free and clear of any liens and/or encumbrances other than those
ofrecord.
12. 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" 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.
14. 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.
15. It is understood and agreed that this Easement is not a conveyance of the fee
estate for any of the Easement Lands covered hereunder, but is only an easement through, over,
under, upon. across and within the Easement Lands.
16. The provisions of this Easement shall be binding upon and inure to the benefit of
the successors and assigns of the respective parties hereto.
17. 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.
18. 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, illegal or unenforceable provisions had never been contained herein.
19. 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.
20. Neither party shall be liable to the other party or any of such party's affiliates in
any action or claim for 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 part}.
2 ] . 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 Easement Lands defined herein.
Grantor surrenders and releases its surface drilling rights and all other rights of surface use of the
Easement Lands incident to the production of oil, gas, hydrocarbons, minerals, wind energy, and
water production subject to the following exception and limitation:
A. 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 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 Lands and so long as such operations will
not unreasonably interfere with or endanger the operations or integrity of the Pipeline System
and Permitted Uses.
B. 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 Easement Lands.
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.
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 ]
EXECUTED this /2"�' day of �}?Z �i, , 2014 ("Effective Date")
GRANTOR:
MCP Enterprises, LLC, a Texas Limited Liability
Company
Name: M> At t 13 u P, 4i�trr w
Title: M44/044��
GRANTEE:
The City of Lubbock
By:
Name: Glen C. Robertson
Title: unr
ATTEST:
0 4 c-e � c,,5�
eb teca Garza, City Secre
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
c�iQ,EZTv2 BF P�ct�uc wojt{CS
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on 1.2"� 1)'n� , 2014, by
`%hiG,P bid i,,ti ,,i LLG , acting on behalf of MCP Enterprises, LLC, a Texas
limited liability 6ompany.
IVEN UNDER MY
12014.
r v
yANTHONY JOB,DFLORESS"Notary PUbP�, Steley Cw r>ims n Expires
STATE OF TEXAS
COUNTY OF LUBBOCK
HAND AND SEAL OF OFFICE this �[� day of
NotaryYubfic, State of Texas
(-- s / Lc,•
/ _'.—
Printed Name of Notary
My commission expires:
This instrument was acknowledged before me on 49 , 2014, by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas ome Rule Corporation on behalf of
said Texas Home Rule Corporation.
CELiA WEBB
Notary Pubic, SWe of Texas
My Common Ewes ONI-2018
1(OF Commission
Not Public, State of 7e �cQ�
Printed Name of Notary
My commission expires:, 03-01-20 /4
Exhibit A
to
Easement
Legal Description of the Easement Lands
UN TWO
Lks #
Dkw ian
Legth
L1
N010 40' 10'B
236.34'
L2
SM IV 509B
Isar
L3
Sol° 40' 10"W
221.34'
L4 I
900 4W l4"W
21.21'
E AA,EY COUNTY WATER PIPELDW
Parml No. 52 - Ponnenat Emewept
PERMUM SURVEY OF A 0.079 ACRE
TRACT LCOCATED IN
SECTION 10, BLOCK JS
LUBBOCK COUNTY, TffiW
Herrings = tcktive to &a Tom Lbarditmte
System of 1993, North [bard 7mc, NAD 83
(20111 koah 2010.0
Distances see sarlbaG U.S. Survey AwL
Combined Scale Factor. 1.0002347
Surveyed on do ground.
Oracbu 1, 2013
`P U1,
r K Allen
Professional
Land SurvryorNo. SOS
State of Tesm
Ncgw:
HEAVY LINBS INDICATE PLAT UMTS.
e - SET l211 IRON ROD WITH CAP
•- MIND MAO NAIL WITIi WA510'sR
•-FOUND IR" IRON ROD WrM CAP
O-FOUND 1I2" IRON ROD
A legal dac*don of w= survey date
hmm- th accompanies this putt of amvay,
No abstract of tick or title eomiaitment was
Prro to dab tW w7w. Record reseamb Bono by
this sorvayor was made only forfie gr<pow of
Qetmm*fng the bomulary ofdds popaty tatd of
the s4oWng parcels, Record docttnwft other
than those sheens on this survey may exist and
ano mberthiap"wty.
Sheet 1 of 2
HUGO REED
AMD A880MATM. INC.
19TH STREET
BAILEY COUNTY WATER PIPBLM
Famel No. 52 - Peawertt Enuxuat
PERIII MM SURVEY OF A 0,079 ACRE TRACT LOCATED IN
SECTTON 10, BLOCK JS
LUBBOCK COUNTY, TMM
METES AND BOUNDS DESCRUMON of a 0.079 acre parcel located in Section 10, Block JS. Lubbock County, Texas, being a portion
of the West half of Section 10. Block JS, as de=ibed in County Clok File Number 2008005489, Official Public Records. Lubbock
County, Texas, being farther described as follows:
BEGINNING at a 1J3" imn rod with cap net (North: 7276385.99', EKC 9107K911, which beam N. 0104010" E. a dE ance of213.66 eod
S. 890I9P50" E. a distance of 55.00 feet firm tbz common cornet of Sections 42 and 43, Block AK, Section 1, Block D-6, end Section 10,
Block JS. Lubbock County, Texas, for the Southwest corner of this parcel;
THENCE N. 01 °40'10" B. it distanoo of 23634 feet to a VW iron rod with cap set in the South line of a 1.35 acre ala described is County
Clerk Pile Number 2011034491, Otl8cxal Public Records, Lubbock County, Terse, for the Northwcd corner of this parcel;
THENCE S. 88"19'50" B. along the South line of said 135 acne treat a distance of 15.00 feet to a In" iron rod with cap set far the
Northeast cox of this parod.
THENCE S. 01 *40' 10" W_ a distance of 221.34 feet to a 1/2' iron rod with cap sot for the Southeast corner of tbirs parcel;
THENCE S. 46040' l0" W. a distance of 21.21 alert to the. Point of Being.
Bearings relative to Chid North, NAD 83 (2011), Texas Cowdbxb System, North-Central Zono. Distances end coordinates are Surface,
U. S. Survey Feet. Combined Scale Fates. 1.0002347
A plat of even survey date herewith aceompames thin hV9 desex tiem.
Surveyed on the ground
October 31, 20I3
a
y.. 1C•
E. Allen
RegistwW Pmfassional
Land Surveyor No. 5895
State of Texas
Shane 2 Of
jkmjFtHUG0 REE01
AND ASSOCIATM. INC.
S"JEt;77fG1V 6 5LowD-6
E.W. 6MiD11A�
Ya.. m P14. nw
Line TWo
t.i` W 1 or fiw
LI >icl• era Itl"8 I rri6JA
LZ soi• w� rrw tom or
3 Nag" 19 SQ'Vv
POINT
1
BAILEY ODUNTY WATER P1PSI0
parcel Na. 54 - Pa manaat F
PBR.Il��G�T LOCATED�A� 7N
0.652 ACRE
SECTION 10, BLOCK JS
LURM)M COUNTY, THUS
STREET
.."� .. _ . (PAVED)
curve Table
curve chard qtWa�
a W141t 1% svoc i-
amorb
+ ww w We Tww Cnottlina
8YA= Qi 19ti3. North Casual zobo,'NAD 83
(201 U 2010.0
USstib " me sarfwk U.S. %Vvey fwL
Comas d scdc Facwr.1.0002347
swveYd an the: l
QciawLL
31,2013
,
nia�sai0zktl
),end 5u rmyor No. 5895
state of Tama
NOTES:
HMVY LII,tEB MICAM FLAT L& fS.
®- SST 112" MON ROD WrrH CAP
ti- Fo LDW IW MON ROD WITH CAP
daft
w � plat ofs u"Y.
Notomcl aftwo ortidt ootmmi mcad Was oacby
provii3ed to this mveyor. Rw=d o
tins sarvcywwea nwo a b fnr gtpmpooeof
gwbomdwY of t'hia peapertY and of
the gdjoitnag poula. Record documuft other
the,!rues shown on " survey mey am and
oncumim this praPuy-
ShW 1 Of 2
HUC30 �EM
I AND TW.
t sue d
aim* LAW-- ty 1F�1�A741D1
BAII,BY COUNTY WATER PIPELINE
Paraol No. 54 - Permanent Ehamont
PERMUM SURVEY OF A 0.652 ACRE TRACT LOCATED 1N
SECTION 10, BLOCK. JS
LUBBOCK COUNTY, TEXAS
WM AND H0(ft;D9D1 SCWFRON afs U52 ate panel localad in S=d= 1%ftok J% Lubbock Couz ty, Teaar. befog a pectien of W=t ttalfof
raid S=tkm 1% 81ock JS, dcoedmd in Cm* Mczk File INamber "08003489, 0icW Public Ramtd., Lubbock Cvovty, Tra M bring fuetb cr dacrW
as follows
BBGINNING eta Wn Iron rod with tip w1(Ncr&- 7276832.IV. Eeat: 910793.921 in the Nm* Une of a 135 no ovot dowibed nt county ['lane M
Nwnbcr 2011034491, 001cial Public Records, IubbookCbunW. Texas6 which bears N. 01 °40'10" H. a distattee ed660DO fea and S. 88°19'So" & a
distom of 55 M from the common corner ofScctiom 42 and 43. Black AK, Section 1, HkA D-6, and said Section 10, Black JS, for the Smalrwast etomer
ofthia pared:
7IM4CB N. 01 040't0' E a distance of 1976.09 feet to a Yi" iron rod tad wkh eap fiwnd at a pofat efcm vwm in dw SaWh lose of ■ 64.00 foot
rfgh"f--way deacn'bW in Volume 9664, Page 307. Of chl Public Rcoork Lt bbock Counay, Temr, for the Nor Bang oornar of this paooel;
THENCE Noidma udy along the SmA lime of said 4ZW-cf-vM b ft ■ amw to fire rW acid cum having a ttd of 30.00 ho and a chord boating of
X 31043'01" E and a ebord distanea of 29.96 feet to a I tr inn rod with cap an for the Noai mst ootwer of this p wml;
THENCE S. 01040'10" W. it dla m= of 19M02 feet to a 11r imn rod w}th up ma in the Not& line of said 1.35 acre out for the Souflmat comer of this
lMwl:
THMCE N. 88° 19'50" W. along to North lint of add 1.35 4M trect a 111 of 15.00 feotto the Point of Begun .
Bnssiogr zelet W to GrW }North, NAD M (2011), Te m ComEnatn S 4=4, NMWf me l Zone. Dist== and coon mates MM Surface, U. 8. SMvey FeaL
Combdaed Scale Ftwtor: 1.0 M47
A plat of even aurM date herewith acc0mpanin the 1W dese ipdom
Staveyed an the ground
Octotser 31.2013
E. Allen
hajidmd Professional
land Smeyor No. 5895
State at MW