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HomeMy WebLinkAboutResolution - 2014-R0207 - Easement - Well Field Supply Line - 06_12_2014Resolution No. 2014-RO207 June 12, 2014 Item No. 6.14 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 $12,235.35 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 GL , ' gotOTSON, MAYOR ATTEST: Rebe ca Garza. City Secre APPROVED AS TO CONTENT: R. Keith Smith, P.E., Director of Public Works Dave Booher, Right -of -Way Agent APPWWD A TO FORM: Chad Weaver, City Attorney ccdocs/RES.Easement-MCP Parcels 55.56 j May 14, 2014 Resolution No. 2014-RO207 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 19`h Street, Lubbock, Texas 79407, for a valuable consideration. to it paid by The City of Lubbock, Texas ("Grantee") with 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 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 `Basement 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 -oft) 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: l . 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. S. 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. 9. 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 m ert 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 of record. 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 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. 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 party. 21. 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 he 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 "riench") 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. Subject to the limitations set forth in this Easement Agreement, the Easement is non-exclusive, and the rights granted to Grantee in this Easement Agreement shall not prohibit Grantor from using, operating, maintaining, repairing, replacing, and abandoning that one certain existing irrigation well identified as the "EXISTING IRRIGATION WELL" on Exhibit A and appurtenances thereto and from installing, constructing, using, operating, maintaining, repairing, replacing, and removing, from time to time, new irrigation systems (including, without limitation, drip and overheard irrigation systems) and components and water distribution lines and appurtenances thereto to cultivate and service Grantor's property (including, without limitation, the Easement Lands), provided, however, (A) no buildings, no wells and no reservoirs may be constructed upon the Easement Lands, and (B) any new underground lines and any metallic pipelines 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. All new unprovements allowed to be placed within the Easement Lands by Grantor as indicated herein shall not adversely affect the Pipeline System in any material manner. Grantor acknowledges that, save and except for the consideration granted to Grantor for the execution of this Easement, Grantor shall not be compensated by Grantee or Grantee's representatives in the event of damage, destruction or removal of any new improvements allowed to be installed by Grantor herein that adversely affect the Pipeline System in any material manner. For purposes of this paragraph, the term "new" shall be held to apply to those improvements, lines or irrigations systems installed after Grantee's execution of this Easement Agreement and shall also apply to any repair, replacement or modification to any improvements, lines or irrigation systems on the Easement Lands at the time of the execution of this Easement Agreement. 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 /, A day of & , 2014 ("Effective Date"). GRANTOR: MCP Enterprises, LLC, a Texas Limited Liability Company By; Name: /lOAI,4 BG26,-tMY Title: "-Bw /011,4z� GRANTEE: N Tide' Mayor ATTEST: Reb tcca Garza, City Sec ary [Acknowledgements of the Parties on Next Page] .APPROVED AS TO ONT T; IJt{Lr`t'rv� C� �P�cL3��c c.�oR.dC,s STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on /2 9,t %11 2014, by lt�Qcc , acting on behalf of MCP EnterprAes, LLC, a Texas limited liability p QfVEN UNDER MY HAND AND SEAL OF OFFICE this /'2 day of 2014. [(83P:WPWP- ANTHONYJOEL FLORESNotary PubC�, Slate of Texas My Corrvim on E)#ros 08 25.2015 STATE OF TEXAS COUNTY OF LUBBOCK otar ublie, S to of Texas Printed Name of Notary My commission expires: 2S = 2U! S" This instrument was acknowledged before me on A9 , 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, Slate of Texas My Commission Eores 09-01.2018 Notary ublic, State of re= 5 _ (17iCr w%+ lb Printed Name of Notary My commission expires: 03 -o 1. 15 Exhibit A to Easement Legal Description of the Easement Lands SCALE; 1"-2W 1 1 1 1 1 1 a t ! 1 i 1 t l 1 t q*MW ESM tors !-64 1 1 AMM M 1 t=---- 4TH STREET (PAVED) S sTA;r a r rBxASimmyEAno1 a 1.6d! AC,1ff5 1 WY B C4MX "V -OV <+ t22. AS Sly ¢t � 1C !.o AOMIS t Cj1RM W,R7 W 1 M. JeP 4 AS 1�¢ t� t 1 29t� Rt�S DEAAI & WV R4YMaW Ax. -V= PG.87 ;: t 0MM 0OW4 r4vr t1�ZL f bL�d44Gt' /ft AR97e: iL e t sTA6iyka<T7LNi: 1 Ia. 6w4 PG_ nw BO AD S t 1 AbW,r y4;aV t7wEDWAIiW POINT OF SEGM- 3.0 AGE 6�GY4MW 6A07�►! 14�112C4& E rfiwr L'me TWO L.lae # Direction LonO Lt MI' 4W WE 1023M ..ff Li Mr 19, S(rw two rim' V IW% mar r19 5ws 0.w rL4 Nm°4a In 161M S881 14 so's 1wa L7 501-40'16'W 12O 34 to xsr oe D I Salt wawc" a a00(11W AAPE7IIr&*Nw4 LLC CLF,AEL'l�90175489 BAILEY COUNTY WATER PIPELINE pw=1 No. 55 - Permanent F CMcnt pF"WETER SURVEY OF A OA 19 ACRE TRACT LOCATED IN SECTION 10, BLOCK JS LUBBOCK COUNTY, TEXAS Bearings are relative m the Texas Coordinate Syswm of 1983, North Cm&d Zone, NAD 83 (2011), Epoch 2010.0 Distances are surihce, U.S. Survey fed. Combined Scale Factor. 1.0002347 Surveyed on the ground October 31, 2013 December 27, 2013; Revised Sheet 2 March 1A, 2014; Ravwd Sheet 2 J*WE. Allen Professional Land Surveyor No. 5995 State ofTem NOTES: HEAVY LINES INDICATE PLAT LIMITS. ©- SET 1 /2" IRON ROD W 1TH CAP _ SET MAC NAIL WIT13 WASHER �- FOUND 12" IRON ROD WITH CAP O- FOUND 3/4" IRON PIPS p- FOUND RAIL ROAD SPIKE, A legal deseriptioa of even survey date herewith accompanies this Plat 0 sur"Y. No abstract of title ortitle commitment was provided to this surveyor. Record raw='h done by this sunreyw walk rmde only for the purpose of detem ring the boundary ofthis ProperiY and of the adjoining parocls. Record documents other than those shown on this survey may exist and der this propctty. Sheet 1 of 2 HUGO REF-0 AND ASSOCIATES, INC. S 1601 AVENUE N e 11R1Rr1(w TFXAC 70AM BAILEY COUNTY WATER PIPELINE Parcel No. 55 - Permanent Easement PERIMETER SURVEY OF A OA19 ACRE TRACT LOCATED IN SECTION 10, BLOCK JS LUB13OCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.419 acre parcel located in Section 10, Block JS, Lubbock County, Texas, being a portion of West half of said Section I0, Brock JS, described in County Clark File Number 2008005489, Official Public Records, Lubbock County, Texas, being further described as foilowa: BEGINNING at a 1/2" iron rod with cap set (North: 7279807.04', East: 910865.61' in the East line of 40.00 foot road easement described in Volume 729, Page 401, Dad Records, Lubbock County, Texas, and in the North line of a 55.00 foot right-of-way of Tract W, Fremhip Middle School, an Addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof recorded in Volume 9482, Page 44, Official Public Records of Lubbock County. Texas, which bears S. 01040'10" W. a distance of 1635.88 feet and S. 88°06'00" E. a distance of 40.00 foot from the common corner of Sections 3,4 and 10, Block 3S, Section 1, Block D-6, Lubbock County, Texas, for the Southwest corner of this parcel; THENCE N. 01040'10" E. along said 40.00 foot road easement a distance of 1023.28 The to a 1/2" iron rod with cap set at an'ell' corner of said 40.00 foot road easement and for an'ell' comer of this parcel; THENCE N_ 88019'50" W. along said 40.00 foot Woad easement a distance of I a00 feet to a 1/2" iron rod with cap set in the East line of said 40.00 foot road easement for a corner of this parcel; THENCE N. 01 040'10" E. along the East line of said 40.00 foot road easement a distance of 20.00 feet to a Ir2" iron rod with cap set for a comer of said 40.00 foot road easement, for a cower of this parcel; THENCE S. 43019'50" E. along said 40.00 foot road easement a distance of 10.00 feet to a M2" iron rod with cap set at an'ell' corner of said 40.00 foot road easement and for an'ell' corner of this parcel; THENCE N. 01040'10" E. along said 40.00 foot road easement a distance of 161.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this parcel; THENCE S. 88019'50" E. a distance of 15.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 01 040'10" W. a distance of 1204.34 feet to a 1/2" iron rod with cap set at the Northwest comer of said Tract'A', Frenship Middle School, for the Southeast conger of this parcel; THENCE N_ 88°06'00" W. along the North line of said 55.00 foot right-of-way, Tract'A', Frenship Middle School, a distance of 15.00 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. Survoyed on the ground October 31, 2013 December 27, 2013; Revised distance unit March 18, 2014; Revised captior J'h i E. Allen Itegrstered Professional Land Surveyor No. 5895 State of Texas Sheaf 2 of AND A38OCIATM, INC. LAND SURVEYORS ri MIR Cursn ==ne taanrw rip ESTA LOTS l-64# T, sc &,Wc" a ecoarwo a mmwism i l 1 t 1.64) �4Q91ES I RYA CARQ' W JQW Va. 5-r4t9, PIGS 95 1 �0AM$ I cARM J4V -0 WW I M.M94 PIG 14 1 N I I� ! t I DEM& M ym. a= Ft; 87 I I$ t � tI t 1 WLL R.80 AQW5 aFCRaEhEUVWM KE. 1971, PG. 649 4RR7AQW$ 5TA4EY1AAE7"1 W ! yt1t.. 659g PG A+4 1 00 AMS CAM ARMDW AAWY M aW0 EOW WANDS ct-FO 0709975 POINT OF 4TH STREET (PAVED) STATEQF 7i'FaGdSAYf�'VT 3fO AMS m- AfGtVMVVAFVVCAffLE 7"T KIL. AOM Ft9 a5 11 ,Orp � ✓S BAILEY COUNTY WATER Plyh.t,1Nr Parcel No. 56 - Permanent Easement PP.RIMETER SURVEY OF A 0.446 ACRE TRACT LOCATED IN SECTION 10, BLOCK. JS LUBBOCK COUNTY, TEXAS Bearings are relative to the Texas Coordinate System of 1983, North Central 7.one, NAD 83 (2011) Epoch 2010.0 Distances are surface, U.S_ Sw vcy fed Combined Scale Factor. 1.0002347 Survcycd on the ground. October31, 2013 >s. Alley Land Surveyor No. 5895 State of Texas O NOTES: HEAVY LINES INDICATE PLAT LIMITS. p- SET 1/2" IRON ROD ATM CAP ®- SBTMAG NAIL. WITH WASHER WITH CAP �- FOUND 1/2" IRON ROD j 1 o- FOUND 3/4" IRON PIPE A- FOUND RAIL ROAD SPIKE A legal description of even survey date hcrewith accompsmcs this plat: of survey. 1 I No ahstmd of title or title commitment was to this surveyor, Record rescarch dome by provided this Mrvoyor was made only far the putposc of the boundary of this property' and of dGevnining the adjoining Parcels• Record doc m'cots other than those shown on this survey may exist and 1 eneutnberthis property. ! I Sheet l Of 2 HUGO REED AND ASSOCIATES. INC. �gt7/�7pCE.51G14t�'Y LAND SURVEYORS 18Q1 AVENUE N BAILEY COUNTY WATER PIPELINE Parcel No. 56 - Permanent Easement PERIMETER SURVEY OF A 0.446 ACRE TRACT LOCATED IN SECTION 10, BLOCK JS LUBBOCK, COUNTY, TEXAS METES AND BOUNDS D13SCRIPTION of a 0.446 acre parcel located in Section 10, Block JS, Lubbock County, Texas, being a portion of West balf of said Section 10, Block JS, descrilmd in County Clerk File Number 200$005489, Official Public Records, Lubbock County, Texas, being further descnlW as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7279806.54'. East•. 910880.60) at the Northwest comer of Ttact'A', Frenship Middle School, an Addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof recorded in Volume 9482, Page 44, Official Public Records of Lubbock County, Texas, which bears S. 01°40'10" W. a distance of 1635.88 feet and S. 88°06'00" E. a distance of 55.00 feet from the common corner of Sections 3, 4 and 10, Block JS, Section 1, Block D-6, Lubbock County, Texas, for the Southwest corner of this parcel; THENCE N. 01 040' 10" E. a distance of 1204.34 feet to a W" iron rod with cap set for a comer of this parcel; THENCE S. 88° 19150" E. a distance of 15.00 feet to a 1/2" iron rod with cap set in the East line of a 40.00 foot road easement dewnlW in Volume 729, Page 401, Deed Records, Lubbock County, Texas, for a corner of this parcel; THENCE N. 01 *,W 10" E. along the East line of said 40.00 foot road easement a distance of 35.00 feet to it 1/2" iron rod with cap set for the Northwest corner of this parcel; THENCE S. 880191500 E. 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"40' 10" W. a distance of 1216.11 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 45" 14'05" E. a distance of 34.24 feet to a 112" iron rod with cap set in the North line of Tract: W, Frenship Middle School, for the Southeast corner of this parcel; THENCE N. 88006'00" W. along the North line of said Tract'A', Frenship Middle School, a distance of 40.00 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 Peet. Combined Scale Factor. 1.0002347 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 31, 2013 (Oil E. Alien fostered Prr fessioniki Land Surveyor No. 5895 State of Texas Sheet 2 of 2 j..JFtHUG0 REE01 AND ASSOCtA'MS. INC.