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Home My WebLink AboutResolution - 2010-R0025 - Electric Utility Easement, Section 12 Block B South Of 19Th Street And Wood Ave - 01/14/2010Resolution No. 2010-R0025 January 14, 2010 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an underground Electric Utility Right of Way Easement Agreement by and between the City of Lubbock and Cielo Land and Cattle, L.P. and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of January , 2010. -/ TOM MARTIN, MAYOR ATTEST: Rebecc Garza, City Secretary APPROVED AS TO CONTENT: 'ba"; -e Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: ad Weaver, Assistant City Attorney sj ccdocsiRES C'ielo Land & Cattle LP - UEL' Easement 12 29 09 Resolution No. 2010-R0025 CONDITIONAL UNDERGROUND ELECTRIC UTILITY RIGHT OF WAY EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § For and in consideration of the sum of TEN and NO/ 100 DOLLARS ($10.00) cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, THE CITY OF LUBBOCK, TEXAS, whose mailing address is P. O. Box 2000, Lubbock, Texas 79457, (hereinafter referred to as "GRANTOR", whether one or more), hereby GRANTS and CONVEYS unto Cielo Land and Cattle, LP., a Texas limited partnership, (hereinafter referred to as "GRANTEE") whose mailing address is 823 Congress Ave, 5`" Floor, Austin, TX 78701, a right-of-way easement or servitude (hereinafter referred to as the "Right -of -Way") to construct, maintain, inspect, operate, replace, repair, protect, change or remove electrical lines and related components, one (1) conditional three foot wide underground electric utility easement in Section 12, Block B of the Indianola RR Co. Survey, Abstract No. 657, Lubbock County, TX all more fully described on Exhibit "A" attached hereto and incorporated herein by reference, of which GRANTOR warrants that GRANTOR is the owner in fee simple, situated in Lubbock County, Texas (hereinafter referred to as the '*Land"). In addition, GRANTOR grants and conveys unto GRANTEE a thirty foot wide temporary construction easement adjacent to the easement described in Exhibit "A" for purposes of constructing, maintaining, inspecting, operating, replacing, repairing, protecting, changing or removing electrical lines and related components during the initial construction of the easement described in Exhibit "A," said temporary construction to terminate upon completion of initial construction of the easement described in Exhibit "A," or upon the failure of GRANTEE to satisfy the conditions set forth below. The GRANTEE will have all rights and benefits necessary or convenient for the full enjoyment or use of the rights granted, including without limitation: the free right of ingress and egress over and across those lands to and from the Right -of -Way; the right to use all roads and alleys over and across those lands; and the right from time to time to cut all trees and undergrowth and remove other obstructions that may injure, endanger or interfere with the use of the Right -of -Way. This grant shall apply to any interest presently owned or hereafter acquired by GRANTOR in the Land. GRANTEE shall bury all line(s) a minimum of five feet below the existing road surface and shall place all electrical lines in conduit and pay for any physical damage to fences or other structural improvements located outside the granted Right -of -Way, which are caused by construction, maintenance, operation, repairing, alteration, replacement or removal of the electrical lines and appurtenant facilities. GRANTEE shall compact all ditch backfill to 95% of standard proctor density in maximum of six inch lifts and shall be covered at the surface with an eight inch thick City of Lubbock Class A concrete cap. GRANTEE will indemnify GRANTOR from and against all claims, injuries, suits, damages, costs, losses, and expenses resulting from or arising out of the activities of GRANTEE and GRANTEE'S heirs, employees, legal representatives, invitees, contractors, subcontractors, successors or assigns on the Land. GRANTOR may use and enjoy the Land; however, GRANTOR shall not exercise such use and enjoyment in any manner that impairs or interferes with the exercise by GRANTEE of rights herein granted. This grant is a surface easement of servitude only, and does not cover or include any interest in the minerals in, on, and under the Land, and is subject to any and all existing leases and easements or servitudes covering the Land and recorded in the public records. This grant is made upon the following condition: that within eighteen (18) months after the grant of the easement, GRANTEE must have finally and completely installed, in compliance with all regulatory standards, electrical distribution lines within the easement area, and further must have connected said electrical distribution lines to an electric utility transmission system. In the event this condition is not met, all rights otherwise granted to GRANTEE pursuant to, or in accordance with, this conditional easement agreement shall be of no further effect, and shall thereupon revert fully and without exception whatsoever to GRANTOR. This grant covers all agreements between the parties concerning the Right -of -Way and no representation or statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement. TO IIAVE AND TO HOLD said Right -of -Way and rights associated therewith unto GRANTEE, its successors and assigns. The terms and conditions of this Agreement bind and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors, assigns and representatives. All rights herein granted may be assigned in whole or in part. EXECUTED as of and to be effective the 14th day of January , 20 10 GRANTOR: THE CITY OF LUBBOCK, TEXAS TOM NIARTIN, MAYOR ATTEST: - Rebecca trarza, City Secretary 0 APPROVED AS TO CONTENT: Davc Booher. Right -of -Way Agent APPROVED•FORM: i Attorney ACKNOWLEDGMENT STA'11: OF TEXAS § COUNTY OF LUBBOCK § The foregoing was acknowledged before me on the Iq day of u& , 20j_Q_, by -ro m /y1ar 4j r. , as MQpc , p r , for the City of Lubbock, Texas. PY PI/ P LISA "'MICHEZ n Notary Public in and for the to of Texas EXHIBIT BEARINGD STANCE L1 Su RVEY PLAT O L2 N 88'15'01" W 27.31' L3 0.002 ACRES 0000 L4 3' PERMANENT EASEMENT N -f - 41F•.'9� PORTION OF O ® (E/2) OF SECTION 12 Z O1/2 'IRON ROD SET CITY OF LUBBOCK i O[ -OVERHEAD ELECTRIC LINE ——UNDERGROUND ELECTRIC LINE 2958/171 L.C.D.R.LO'l p ............................... MARK R. WATSON —. FENCE P.U.E. PUBLIC UTILITY EASEMENT Q ® AS MARKED O AS MARKED El 0.009 ACRESO BL. BUILDING SETBACK LINE (BRG —DIST.) RECORD CALL L C.P R. — LUBBOCK COUNTY PLAT RECURDS ® NAIL SET ® 3/8' IRON ROD FOUND � UTILITY POLE/RISER ry L.C,DR — LUBBOCK COUNTY DEED RECORDS, 15` TEMPORARY EASEMENTPORTION ,y X�111{{ AS MARKED D � O`)� 11 V OF RECURDS O WOOD FENCE CORNER POST FOUND (E/2) OF SECTION 12 (E/2) OF SECTION 12 FILE SPROJECTS\MIDLANDNCIELOLUBBDCKWNDRANCH\DRAFTING\D9-1651—GD e.hibit DWG CITY OF LUBBOCK CITY OF LUBBOCK2958/171 L,C.D.R. 2958/171 L.C.D.R.0t LINE BEARINGD STANCE L1 S 01'44'59" W 3.00' L2 N 88'15'01" W 27.31' L3 N 01'54'08" E 3.00' L4 S 88'15'01" E 27.30' P.O.B. FROM WHICH A 1/2 INCH IRON ROD FOUND IN BEARS N01 .44"59"E 506.63' (80.13 ACRES) CIELO LAND AND CATTLE COMPANY, L.P. 6601/125 L.C.R.P.R. SECTION 12I FROM WHICH A 1,/2 INCH BLOCK B I IRON ROD FOUND IN BEARS INDIANOLA RR CO. SURVEY 23.31' I So1.44°59"W 812.15' A-- 657 0.009 ACRES/ , a.0' I 15' TEMPORARY EASEMENT>I r SECTION 73 PORTION OF 31 a BLOCK (E/2) OF SECTION 12 0l io E.L.& R.RRYCO SURVEY CITY OF LUBBOCK CIL 2958/171 L.C.D.R. o o A-340 UJ w La � PROPOSED 3' PERMANENT UTILITY EASEMENT UJ LEGAL DESCRIPTION: Being 0.002 arses out of the Section No. 12, Block B of the Indianola RR Co. Survey, Abstract No. 657 in Lubbock County, Texas and also being a portion of that certain tract of land described in Volume 2958, Page 171 of the Deed Records of Lubbock County, Texas; Said 0.002 acre tract being more particularly described as follows and as surveyed under the supervision of Watson Professional Group Inc in October, 2009: BEGINNING at a point in the approximate center line of County Road No. 2800, the record common line of said Section No. 12 and the E. L. k R R. RY Co. Survey, Section No. 73, Block A, Abstract No. 340, the east line of said Volume 2958, Page 171, the west line of that certain 80.13 acre tract described in Volume 6601, Page 125 of said Real Property Records and the northeast comer hereof and from which a % inch iron rod found in the record common line of said Section No. 12 and Section No. 73, the east line of said Volume 2958, Page 171 for the northwest comer of said 80.13 acre tract and the southwest comer of that certain tract described in Volume 3378, Page 205 of said Deed Records bears North 01144' 59" East a distance of 506.63 feet; THENCE South 01°44'59" West a distance of 3.00 feet along the approximate centerline of said County Road No. 2800, the record common line of said Section No. 12 and said Section No. 73, the east line of said Volume 2958, Page 171 and the west line of said 80.13 acre tract to a point for the southeast comer hereof and from which a I`z inch iron rod found in the record common line of said Section No. 12 and said Section No. 73, the east line of said Volume 2958, Page 171 for the southwest comer of said 80.13 acre tract and the northwest Comer of that certain 80.07 acre tract described in Volume 6602, Page 272 of said Real Property Records bears South 01°44'59" West a distance of 812.15 feet; THENCE crossing said Section No. 12 and said Volume 2958, Page 171, the following 3 courses: 1. North 88°15'01" West a distance of 27.31 feet to a point for the southwest comer hereof; 2. North 01°54'08" East a distance of 3.00 feet to a point for the northwest comer hereof; 3. South 88°15'01" East a distance of 27.30 feet to the POINT OF BEGINNING, containing 0.002 acres, more or less, as shown hereon. PROPOSED 15' TEhIPORARY EASEMENT: Being 0.009 acre 15 foot wide temporary easement adjoining the north boundary of herein described 3 foot wide permanent easement as shown hereon and being 0.009 acre 15 foot wide temporary easement adjoining the south boundary of herein described 3 foot wide permanent easement as shown hereon, Note. Bearings shown hereon are NAD 83, Texas North Central Zone and are derived from GPS techniques. Irun Rud set are 1/2 inch rod with plastic caps marked "WPG INC". INFORIAATI N'"F' ND ON THIS PUT WAS"DERNED'FROM ACTUAL FELD I. BEARINGS, DISTANCES k REFERENCE: CIELO WAND POWER P.O. Box 5816 NOTES OF ON -THE -GROUND SURVEYS MADE BY ME OR UNDER MY ACREAGE ARE GRID, NAD 03 US ppDRE55:------- Wa on GRANBURY. TM )6019 SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY TX NORTH CENTRAL ZONE AND (817) 573-3660 KNOWLEDGE AND BELIEF AT THE TIME OF THIS SURVEY. NO ARE DERIVED FROM NORMAL GPS LEGAL DESCRIPTION: BEING A 0.002 ACRE PROPOSED UTILITY WARRANTY IS MADE OR INTENDED FOR THE LOCATION OF ANY OR ALL TECHNIOUES, 111 AUSTIN ST. EASEMENTS THAT MAY EXIST WITHIN THE BOUNDS OF THIS SURVEY. EASEMENT OUT OF THE IDIANOU RR CO SURVEY, SECTION NO. 12. Pr ssional MASON, 7) 3.7 ..l 2. THIS SURVEY WAS PREPARED NURREN THE BENEFIT OFA BLOCK N0. B. ABSTRACT O. 657 IN LUBBOCK COUNTY, TEXAS. 4500 W, uveas AVE. CURRENT TITLE REPORT. THERE Gro In� (( IDL712F' -8200 PROPERTTX 7970 Y. NOT SHORN HEAY BE EASEMENTS RON. _______ GRANBURY • \1ASOaN • . 14LAND vww,WPc-UscoM 12/29/2009 JOB NO. 09-1651-03 REV. 2 REGISTERED PROFESSIONAL LAND SURVEYOR DATE 1DRAWN BY: AJL FIELD BOOK. -____ 0' 30' 60' 90, LEGEND BOUNDARY LINE ! .` ` O I C ADJOINER LINE POINT MARKED -f - 41F•.'9� SURVEY LINE 1/2' IRON ROD FOUND ® �G til A BURIED PIPELINE+ O1/2 'IRON ROD SET BENCH MARK O[ -OVERHEAD ELECTRIC LINE ——UNDERGROUND ELECTRIC LINE � 120D NAIL FOUND ® WATER WELL ............................... MARK R. WATSON —. FENCE P.U.E. PUBLIC UTILITY EASEMENT PIPE FOUND ® AS MARKED O AS MARKED El .......•.•••.......•..•..•...... • v� �,P 5740 BL. BUILDING SETBACK LINE (BRG —DIST.) RECORD CALL L C.P R. — LUBBOCK COUNTY PLAT RECURDS ® NAIL SET ® 3/8' IRON ROD FOUND � UTILITY POLE/RISER ;OF SOC.' I C) /� • F $ S • —\ L.C,DR — LUBBOCK COUNTY DEED RECORDS, ® PIPE FENCE CORNER POST FOUND ,y X�111{{ AS MARKED D � O`)� 11 V LC.RP R — LUBBOCK COUNTY REAL PROPERTY RECURDS O WOOD FENCE CORNER POST FOUND 1� FIRE HYDRANT FILE SPROJECTS\MIDLANDNCIELOLUBBDCKWNDRANCH\DRAFTING\D9-1651—GD e.hibit DWG INFORIAATI N'"F' ND ON THIS PUT WAS"DERNED'FROM ACTUAL FELD I. BEARINGS, DISTANCES k REFERENCE: CIELO WAND POWER P.O. Box 5816 NOTES OF ON -THE -GROUND SURVEYS MADE BY ME OR UNDER MY ACREAGE ARE GRID, NAD 03 US ppDRE55:------- Wa on GRANBURY. TM )6019 SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY TX NORTH CENTRAL ZONE AND (817) 573-3660 KNOWLEDGE AND BELIEF AT THE TIME OF THIS SURVEY. NO ARE DERIVED FROM NORMAL GPS LEGAL DESCRIPTION: BEING A 0.002 ACRE PROPOSED UTILITY WARRANTY IS MADE OR INTENDED FOR THE LOCATION OF ANY OR ALL TECHNIOUES, 111 AUSTIN ST. EASEMENTS THAT MAY EXIST WITHIN THE BOUNDS OF THIS SURVEY. EASEMENT OUT OF THE IDIANOU RR CO SURVEY, SECTION NO. 12. Pr ssional MASON, 7) 3.7 ..l 2. THIS SURVEY WAS PREPARED NURREN THE BENEFIT OFA BLOCK N0. B. ABSTRACT O. 657 IN LUBBOCK COUNTY, TEXAS. 4500 W, uveas AVE. CURRENT TITLE REPORT. THERE Gro In� (( IDL712F' -8200 PROPERTTX 7970 Y. NOT SHORN HEAY BE EASEMENTS RON. _______ GRANBURY • \1ASOaN • . 14LAND vww,WPc-UscoM 12/29/2009 JOB NO. 09-1651-03 REV. 2 REGISTERED PROFESSIONAL LAND SURVEYOR DATE 1DRAWN BY: AJL FIELD BOOK. -____