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HomeMy WebLinkAboutResolution - 2014-R0363 - Accept Easement - NW Water Reclamation Project - 10_23_2014Resolution No. 2014-R0)363 Item No. 5.7 October 23. 2014 RESOLUTION I3f-�' IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby accepts on behall' of the City ❑i' Lubbock an Easement as described on I:xhibil "A" attached hercto and incorporated herein by reference, located in Tract A, Charter hospital Addition. Lubbock. Lubbock County, Texas. for the NarthNN•cst Water Reclamation Project. and related documents. Said Easement is attached Hereto and incorporated in this resolution as if hilly set forth herein and shall be included in the minutes of the City Council. THAT the consideration for the Easement shall be $8.000.00 and that closing costs shall also be paid by the City of' Lubbock in connection xvith the purchase of the property, said payments approved herein. Passed by the City Council orzher_'3. GL7FN C, W .1iTSON. MAYOR Rebee •a Garza, Citv Secretar` APPROVED AS TO Ct)NT1,NT: R. Keith Smith. P.! Director of Public Works have Boolier, R191it-ol-Way Agent — - APPR V ' AS T7 FORM: Chad Weaver, City Attorney — -- RYS.t:asentent.7-ract A -Charter 1 [crspital r1c[dition 9.19.14 RETURN:"WE T T TIT E COMPANY RLE • eso ution No. 2014- 363 EASE 2015024019 16 PGS STATE OF TEXAS § COUNTY OF LUBBOCK § EASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT: GRANTOR, WAYLAND BAPTIST UNIVERSITY, with street address of 1900 West Vh Street, Plainview. Texas 79072-6998, 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 "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 exclusive Easement together with the right to install, 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, roadways, 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, waste water and effluent 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: I. Grantee may shall use and occupy the Easement for purposes incidental and/or related to the Permitted Uses, including but not limited to: (a) the right to perform all Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of unimpaired ingress and egress and regress, entry and access in, to, through, on, over. under and across said Easement granted herein, with the right to ingress and Final Easement & Temporar% Easement Form egress and regress to and from and access on and along said Easement, for any and all purposes necessary and or incident to 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 water/waste water/effluent 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 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, waste water, and/or effluent 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. Grantor and Grantee agree that during Permitted Uses related to the Pipeline System, 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 Lands and 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. Notwithstanding anything contained herein to the contrary, although the Grantee may reconstruct any roadway crossed by Grantee in exercising its rights hereunder, Grantee assumes no maintenance for any road reconstructed as a result of Grantee's use of the Easement and Grantee expressly waives same. 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 Final Easement & Temporary Easement Form 2 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. 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 warrants and represents that the title to the Lands described herein are vested in the Grantor, free and clear of any liens and/or encumbrances. 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. Final Easement & Temporary Easement Form 3 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. 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 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. 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 Final Easement & Temporary Easement Form 4 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 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. Nothing contained herein shall be construed as a waiver by the Grantee of immunity of any kind or type, including without limitation, waiver of immunity from liability and immunityfrom suit, and the Grantee shall retain all such immunities, except as may be otherwise waived pursuant to applicable laws of the United States or State of Texas. 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 Form 5 EXECUTED this )0 11%, day of Se fAr— b,-, , 2014 ("Effective Date"). GRANTOR: WAYLAND BAPTIST UNIVERSITY By:/0,6. Name: I. Gt k L r Xr-Vne-!r. Title: —e.S / eyd GRANTEE: The City of Lubbock By: 11 Name: �BYt C• �DID�fa12 Title: &O ATTEST: 00 ee .4 .4 P I', Rebe ca Garza, City recreta�,) [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: Final Easement & Temporary Easement Form 6 STATE OF TEXAS COUNTY OF L4bb k. - f:?6-L-1 University. ' V c/�- �4r', Anita A Coming OFOrn STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me o Aiw.c-) "T«.)%(\c--IC , 2014, by on behalf of Wayland Baptist Notary Public, State of Texas IL, d C. A. <'a Printed Name of Notary My commission expires: § This instrument was acknowledged before me on ez"46)'0' 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. ED CELIA WEBB Notary Public, Slate of Texas My Commission Expires 03.01.2018- - Notary Public, State of tieXQ 5 ce<<Q Printed Name of Notary My commission expires: 03-01-,.01 Final Easement & Temporary Easement Form 7 Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Form NORTHWEST WATER RECLAMATION PROJECT Parcel No. 1 and 2 - Permanent Easements PERIMETER SURVEY OF A 0.071 ACRE TRACT and A 0.160 ACRE TRACT LOCATED IN TRACT "A", CHARTER HOSPITAL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS SCALE: I"=1,50' 1 I I I I 1 LOTS 1-488 1 I De PAUW-UrLARTYADD/T/GW VQ-' • 67Z PG. 447 E 'AILI ,1 H' L, Curve Table Curve # Radius Chord Direction Chord Distance cl 579.06, N06°26'03t 48.77' C2 559.06' 1 S06°33'42" W 49.57' Line Table Line # Direction Length L1 S49° 01' 12"W 119.80' L2 N40.58' 48"W 30.00' L3 N49° 01' I E 87.48' L4 SSW Oe 4dt 44.10' L5 N88° 06' 48"W 20.01' L6 NW Ol' 12% 299.02' L7 S88° 14` 26"E 20.16' L8 SO4° 01' 12"W 298.27' iQ I " I I a TRACT ';4 " CHARTER HOSFfTAL ADD/T/GYV —t VOL. 1829• PG. 909 OWNER.• WAYLAND BAPRST I I UMPERS/TY 1 ME. 10214 PG. 35 l �1('P 0 V / /0' WATER LAE EASEWArr DyaAr L"M9 RAwr-aF-WAY 5rA7E ar rEXAS IKY. 7191 PG. 141 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: 1.0002452 Surveyed on the ground. March 7, 2014 J n . Allen Registered Professional Land Surveyor No. 5895 State of Texas �O� L"Z89 RIGYr-ate- wAY STA rE Or rEXAS kM. 7I7/, FG. 141 POINT OF BEGINNING '�PG � a -WAY 4, (�Q`��rQ, K . 764. G. 515 r\69 � `QP I Note: No abstract of title or title commitment was provided to 1 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. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. Improvements not shown. I OF Vj Gl S TFn JOHN E. ALLEN r` �5895 ar0�o NOTES: HEAVY LINES INDICATE PLAT LIMITS. O- SET 1/2" IRON ROD WITH CAP O- FOUND 1/2" IRON ROD ®- FOUND 5/8" IRON ROD t7- FOUND 1/2" SQUARE METAL TUBE •- FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon NORTHWEST WATER RECLAMATION PROJECT Parcel No. 1 and 2 - Permanent Easements PERIMETER SURVEY OF A 0.071 ACRE TRACT and A 0.160 ACRE TRACT LOCATED IN TRACT "A", CHARTER HOSPITAL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS PARCEL 1 METES AND BOUNDS DESCRIPTION of a 0.071 acre parcel being a portion of Tract "A", Charter Hospital Addition to the City of Lubbock, Lubbock County, Texas, according to the map plat, plat/or dedication deed thereof recorded in Volume 1829, Page 909, Deed Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod found in the West Right -of -Way of Loop 289, as described in Volume 701, Page 141, Deed Records, Lubbock County, Texas, and at the Eastern most Southeast corner of said Tract "A", Charter Hospital Addition, also being a corner of a 50.00 foot drainage, access and underground utility easement dedicated with said Tract "A", Charter Hospital Addition, for the Northeast corner of this parcel; THENCE S. 49001']2" W. along the common line of said Tract "A", Charter Hospital Addition, and said West Right -of -Way of Loop 289, a distance of 119.80 feet to a 1/2" iron rod with cap set for the Southeast corner of this parcel; THENCE N. 40058'48" W. a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 49001' 12" E. a distance of 87.48 feet to a 1/2" iron rod with cap set in the South line of said 50.00 foot drainage, access and underground utility easement, for the Northwest comer of this parcel; THENCE S. 88006'48" E. along the South line of said 50.00 foot drainage, access and underground utility easement a distance of 44.10 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground March 7 , 2014 U - E, aL J E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OF JOHN E. ALL4EN 58S95 ����OFE SI Sheet 2 of Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. NORTHWEST WATER RECLAMATION PROJECT Parcel No. 1 and 2 - Permanent Easements PERIMETER SURVEY OF A 0.071 ACRE TRACT and A 0.160 ACRE TRACT LOCATED IN TRACT "A", CHARTER HOSPITAL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS PARCEL 2 METES AND BOUNDS DESCRIPTION of a 0.160 acre parcel being a portion of Tract "A", Charter Hospital Addition to the City of Lubbock, Lubbock County, Texas, according to the map plat, plat/or dedication deed thereof recorded in Volume 1829, Page 909, Deed Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the West Right -of -Way of North Quaker Avenue, as described in Volume 701, Page 141, Deed Records, Lubbock County, Texas, and at the East line of said Tract "A", Charter Hospital Addition, also being'a corner of a 50.00 foot drainage, access and underground utility easement dedicated with said Tract "A", Charter Hospital Addition, which bears N. 04°01' 12" E. a distance of 50.03 feet from the Eastern most Southeast corner of said Tract "A", Charter Hospital Addition, for the Southeast corner of this parcel; THENCE N. 88006'48" W. along the North line of said 50.00 foot drainage, access and underground utility easement a distance of 20.01 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 04001' 12" E. parallel with and 20.00 feet perpendicular to the East line of said Tract "A", Charter Hospital Addition, a distance of 299.02 feet to a 1/2" iron rod with cap set for a point of curvature and a corner of this parcel; THENCE Northeasterly along a curve to the right having a radius of 579.06 feet, a chord bearing N. 06°26'03" E. and a chord distance of 48.77 feet, to a 1/2" iron rod with cap set at a point of intersection for the Northwest corner of this parcel; THENCE S. 88014'26" E. a distance of 20.16 feet to a 1/2" iron rod with cap set at a point of intersection in the East line of said Tract "A", Charter Hospital Addition, and in the West line of said North Quaker Avenue, for the Northeast corner of this parcel; THENCE Southwesterly along the East line of said Tract "A", Charter Hospital Addition, and the West line of said North Quaker Avenue, along a curve to the left having a radius of 559.06 feet, a chord bearing S. 06°33'42" W. and a chord distance of 49.57 feet, to a 5/8" iron rod found at a point of intersection for said Tract "A", Charter Hospital Addition, and a corner of this parcel; THENCE S. 0400I'l 2" W. along the East line of said Tract "A", Charter Hospital Addition, and the West line of said North Quaker Avenue, a distance of 298.27 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground March 7, 2014 akEAu, J E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OF IS T-P JOHN E. ALLEN Sheet 3 of Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Easement Form NORTHWEST WATER RECLAMATION PROJECT Parcel No. 1-A and 2-A - Temporary Easements PERIMETER SURVEY OF A 0.061 ACRE TRACT and A 0.375 ACRE TRACT LOCATED IN TRACT "A", CHARTER HOSPITAL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS SCALE : 1 "_ 150' I I I I I I LOTS /-48B I I De PAUW-MCLARTYADD/T/GYY v --J--- - 61 FG 447 c 'ALLEY41aAT Curve Table Curve # Radius Chord Direction Chard Distance c I 619.06, N08'04'34' E 87.5Y C2 559.06' SII.10'52"W 40.55' C3 579.06' S06'26'03"W 48.77' Line Table Line # Direction Length L1 S49° 01' 12"W 87.48' L2 N40' 58' 48"W 40.00' L3 N49. 01' 12"E 44.39' L4 SSW 06' 4d E 58.80' L5 N88" 06' 48"W 40.03' L6 NW 01' 12"E 300.51' L7 S88° 14' 26"E 61.11' L8 N88° 14' 26"W 20.16' L9 SO4° 01' 12"W 299.02' TRACT 'il " CHARTER 1705RTAL ADD/T/GYV VCV . /829, PG. 909 OWNER.• WAYLAND BAPTIST UVPERS/TY va. /02/2, FG. 35 10' WATER LAE EASEwNT AYPLAT L06P C-85 RIGHT -Or -WAY STATE a' TEXAS KY. R)/, PG, 141 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: 1.0002452 Surveyed on the ground. March 7, 2014 J .Allen Registered Professional Land Surveyor No. 5895 State of Texas a C v � '1C Qp4GP C' V1 a I N J W U 0' a /o V RTA 7 Or WAY 019 WX .. T764FG 5/5 4b `QP �e v l ST Tess I co JOHN E. ALLEN r` �589501 LJJ Q > yZ1101 Cr Y � Oa o LOOP M9 AYGHr-OF-WAY STATE OF TEXAS NX . 70/. PG. 141 OF BEGINNING I 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. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. Improvements not shown. NOTES: HEAVY LINES INDICATE PLAT LIMITS. O- SET 1/2" IRON ROD WITH CAP O- FOUND 1/2" IRON ROD ® FOUND 5/8" IRON ROD o- FOUND 1/2" SQUARE METAL TUBE • FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 3 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. NORTHWEST WATER RECLAMATION PROJECT Parcel No. 1-A and 2-A - Temporary Easements PERIMETER SURVEY OF A 0.061 ACRE TRACT and A 0.375 ACRE TRACT LOCATED IN TRACT "A", CHARTER HOSPITAL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS PARCEL I -A METES AND BOUNDS DESCRIPTION of a 0.061 acre parcel located in Section 5, Block JS, Lubbock County, Texas, being a portion of Tract "A", Charter Hospital Addition to the City of Lubbock, Lubbock County, Texas, according to the map plat, plat/or dedication deed thereof recorded in Volume 1829, Page 909, Deed Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod found in the South line of a 50.00 foot drainage, access and underground utility easement dedicated with said Tract "A", Charter Hospital Addition, which bears N. 88°06'48" W. a distance of 44.10 feet from the Eastern most Southeast corner of said Tract "A", Charter Hospital Addition, for the Northeast corner of this parcel; THENCE S. 49001' 12" W. a distance of 87.48 feet to a 1/2" iron rod with cap set for the Southeast corner of this parcel; THENCE N. 40058'48" W. a distance of 40.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 49001' 12" E. a distance of 44.39 feet to a 1/2" iron rod with cap set in the South line of said 50.00 foot drainage, access and underground utility easement, for the Northwest corner of this parcel; THENCE S. 88006'48" E. along the South line of said 50.00 foot drainage, access and underground utility easement a distance of 58.80 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground March 7, 20114 (, . E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OF T;y s Ze,%6N JOHN E. ALLEN 'r` %.off 5895 �.� O�Yrzwo MSSj Pe Sheet 2 of 3 Copyright M 4, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. NORTHWEST WATER RECLAMATION PROJECT Parcel No. 1-A and 2-A - Temporary Easements PERIMETER SURVEY OF A 0.061 ACRE TRACT and A 0.375 ACRE TRACT LOCATED IN TRACT "A", CHARTER HOSPITAL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS PARCEL 2-A METES AND BOUNDS DESCRIPTION of a 0.375 acre parcel located in Section 5, Block JS, Lubbock County, Texas, being a portion of Tract "A", Charter Hospital Addition to the City of Lubbock, Lubbock County, Texas, according to the map plat, plat/or dedication deed thereof recorded in Volume 1829, Page 909, Deed Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the North line of a 50.00 foot drainage, access and underground utility easement dedicated with said Tract "A", Charter Hospital Addition, which bears N. 04°01' 12" E. a distance of 50.03 feet and N. 88°06'48" W. a distance of 20.01 feet from the Eastern most Southeast comer of said Tract "A", Charter Hospital Addition, for the Southeast comer of this parcel; THENCE N. 88"06'01" W. along the North line of said 50.00 foot drainage, access and underground utility easement a distance of 40.03 feet to a 1/2" iron rod with cap set for the Southwest comer of this parcel; THENCE N. 04001' 12" E. parallel with and 40.00 feet perpendicular to the East line of said Tract "A", Charter Hospital Addition, a distance of 300.51 feet to a 1/2" iron rod with cap set for a point of curvature and a comer of this parcel; THENCE Northeasterly along a curve to the right having a radius of 619.06 feet, a chord bearing N. 08°04'34" E. and a chord distance of 87.57 feet, to a 1/2" iron rod with cap set at a point of intersection for the Northwest comer of this parcel; THENCE S. 88014'26" E. a distance of 61.11 feet to a 1/2" iron rod with cap set at a point of intersection in the East line of said Tract "A", Charter Hospital Addition, and in the West Right -of -Way of North Quaker Avenue, as described in Volume 701, Page 141, Deed Records, Lubbock County, Texas, for the Northeast comer of this parcel; THENCE Southwesterly along the East line of said Tract "A", Charter Hospital Addition, and the West line of said North Quaker Avenue, along a curve to the left having a radius of 559.06 feet, a chord bearing S. 11 ° 10'52" W. and a chord distance of 40.55 feet, to a 1/2" iron rod with cap set at a point of intersection, for a comer of this parcel; THENCE N. 88014'26" W. a distance of 20.16 feet to a 1/2" iron rod with cap set, for an'ell' comer of this parcel; THENCE S. 04001' 12" W. a distance of 299.02 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground March 7 2014 J E. Allen Registered Professional Land Surveyor No. 5895 State of Texas p OF Gl S TE� �`� ! JOHN E. ALLEN 5895 Sheet 3 of 3 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. FILED AND RECORDED 'r OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS July 06, 2015 02:33:28 PM FEE: $82.00 2015024019