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HomeMy WebLinkAboutResolution - 2014-R0128 - Accept Easement - 04/10/2014Resolution No. 2014-RO128 April 10, 2014 Item No. 5.8 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 4, Block B, Lubbock, Lubbock County, Texas, 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 $2,316.00 and that any closing costs shall also be paid in connection with the purchase of the property, said payments approved herein. Passed by the City Council on ATTEST: Reb cca Garza, City Secre April 10, 2014 "0 "�l G C. 1W11hRTSON, MAYOR APPROVED AS TO CON ENT: R. Keith Smith, P.E., Director of Public Works "roc ROOV- - Dave Booher, Right -of -Way Agent TO FORM: Chad Weaver, Assistant City Attorney RES.Easement.attebary Grain -Parcel 12& 12A 3.25.14 CRAIG TERRILL HALL & UNA IHAM COUNTER FILING Resolution No. 2014-RO128 2017039609 14 PGS EASE mill ro, Im,I V%h; VIV, 110ANVM W111111 EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK GRANTOR, Attebury Grain, LLC, a Texas Limited Liability Company with street address of 3905 Bell Street, Suite B, Amarillo, Texas 79109, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 131h 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 to install transmission lines and 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 related thereto, or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of water and/or waste water 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: 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 and access on and along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (c) the right Final Easement & Temporary Easement Form 3 to locate the Pipeline System through, under, across and within the Easement for the purpose of water 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, 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 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 and/or waste water, 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 construction 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 shall, be removed by Grantee 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. 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 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. Final Easement & Temporary Easement Form 2 r-llz 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. 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 to perform the Permitted Uses as set forth in Paragraph 1 herein. Final Easement & Temporary Easement Form 3 i� 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 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. Final Easement & Temporary Easement Form 4 �� 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. 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. 24. Notwithstanding anything herein to the contrary, Grantee agrees that the City of Lubbock shall bore underneath the existing railway located within the Easement Lands to install any pipelines necessary for operation of the Pipeline System. Any boring contemplated herein shall be in accordance with previously approved Burlington Northern Santa Fe Railway boring guidelines and/or standards. 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 & Tempormy Easement Form 5 EXECUTED this 20ph day of /%a#-cti , 2014 ("Effective Date"). GRANTOR: ATTEBURY GRAIN, LLC, a Texas Limited Liability Company By: Name: CC/ 4A'&.r Title: V,-,e - -f GRANTEE: The City of Lubbock By: Name: f Title: MaApr Luic OCE ATTEST: RebecVa Garza, City Secretalw [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: to, IJ�26-c'roR. ot= 1�4Buc wo, KS APPROVED AS O FO Ryan J. Bigbee Attorney Final Easement & Temporary Easement Form 6 STATE OF TEXAS COUNTY OF Kg ^Jet I I This instrument was acknowledged befor Ed i1`t&6,Ar� Grin L"on behalf of Liability Company. q LORENA ANN GREER Notary Public, State of Texas My Commission Expires �., di My February 06, 2017 STATE OF TEXAS COUNTY OF LUBBOCK e me on arc ZO , 2014, by Attebury Grain, LLC, a Texas Limited Notary Public, State of Texas 4-arrtrra Ae)n Gr-et✓ Printed Name of Notary My commission expires: O VO &A017 This instrument was acknowledged before me on /(o , 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. CELIA WEBB NOWY Pubic, of ToUll icy CwaWm E#89 03-01.2018 Final Easement & Temporary Easement Form No�3' Public, tate of Fz R Webb Printed Name of Notary My commission expires: 03- 01-a.018 7 Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Form / South Lubbock Sanitary Sewer Extension Parccl No. 12 rJ PERIMETER SURVEY OF A 0.195 ACRE TRACT LOCATED IN SCALE: I"=60' SECTION 4, BLOCK B LUBBOCK COUNTY, TEXAS f 1 Lorlo I ( Icorr ql� Lora ZOCW � Lore I Q ' � I BLOC'K7 fffYLLIS WHEATLYSUBDIt/ISIO Lora ly'W Recce �01. 32.1, - pg. _ -- - t ^---Jo'R4tbf-o%'W,ey yP/sf V01. 323 Pg- 314 '�-- !JW44VV,cW - - QO -RAM o✓— _ ^ { �' 7Sx ig —� Rye P�� ------------_VnL iB; Pg 11J .... 4�R=INry�P/er too/ 93q Pg J +r-.�.....,.... �.-.•.-.-�..,..-___ — ------------------------- ---_ ------------------- DiARotd I Dvd Rand -v- Line Table Line /R Length Direction 1-1 282,59' N51° 51' 46"E ` L2 46.68' S880 08' 08"E LOT2,BLOCK 1 2B2s1' ssl°scab"w ..\ PRODUCERS�R ADDI'1"lON aG� Blanket Gu Line & W&M-orFAlO mt Vo4 382. k 270 i.4 46.74' N88° 12' 03"W y Owner: Attebury GreiN Inc, POIN�OF BEGINNING BLOCK l \ FARMERS + CO-OPADDITION \+ Plar Rm omfad VoZ 54J, 4 421 Uµnar^. Fsmxxs CWPW#FV canzprm Lahr Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, CORS 96, Epoch 2002.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.00024 Surveyed on the ground. July 25, 2012 Llen Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. o- FOUND 3/4" IRON PIPE A- SET 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 HUGO REED AND ASSOCIATES. INC. CIVIL ENGINEERS LUBBOCK, TEXAS 79401 texas UCENM aetverwo nAM IOMS-00 PHONE: e08 1763,14142 7f�rA6 fWneTEW EW*FJMMn FInM F-7eo FAX: 6ti6 / 763-M1 Copyri& 2012, Nino Hoed sod Asaoc(atoe, Inc. for the sob use of Title Co. for GF N and any other idersitisrs as indicated in the certificate shown hereon. 1'a4 South Lubbock Sanitary Sewer Extension Parcel No. 12 PERIMETER SURVEY OF A 0.195 ACRE TRACT LOCATED IN SECTION 4, BLOCK B LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.195 acre parcel located in Lot 2, Block 1, Producers Grain Addition, to the City of Lubbock, Texas, a subdivision of tracts out of Section 4, Block B, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 930, Page 583, Deed Records, Lubbock County, Texas being further described as follows: BEGINNING at a 1/2" iron rod set in the South line of said Lot 2, Block 1, Producers Grain Addition and in the North line of Block 1, Farmers Co -Op Addition, out of Section 4, Block B, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 543, Page 421, Deed Records, Lubbock County, Texas, and for the Southwest corner of this parcel, which bears S. 88°12'03" E. a distance of 28.78 feet from a 3/4" iron pipe found at the Southwest comer of said Lot 2, Block 1, Producers Grain Addition and the Northwest corner of said Block 1, Farmers Co -Op Addition; THENCE N. 51051'46" E. a distance of 282.59 feet to a 1/2" iron rod with cap set in the North line of said Lot 2, Block 1, Producers Grain Addition also being in the South line of a 15 foot right-of-way easement described in Volume 383, Page 115, Deed Records, Lubbock County, Texas, for the Northwest corner of this parcel; THENCE S. 88008'08" E. along the North line of said Lot 2, Block 1, Producers Grain Addition and the South line of said 15 foot right-of-way easement a distance of 46.68 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 51051'46" E. a distance of 282.51 feet to a 1/2" iron rod with cap set in the South line of said Lot 2, Block 1, Producers Grain Addition and the North line of said Block 1, Farmers Co -Op Addition, for the Southeast corner of this parcel; THENCE N. 88012'03" W. along the common line of said Lot 2, Block 1, Producers Grain Addition and said Block 1, Farmers Co -Op Addition, a distance of 46.74 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.00024 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground July 25, 2012 LOL E . "_,_ E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 21 I HUGO REED) AND ASSOCIATES, INC. CIVIL ENGINEERS uresocic, TEx TEXAS UCQ 4M SURVET W FM 10MMM PHONE: BOB / TEXAS RE61STEREO ENWCEFUNG FIRM F-M FAX: BOB / and Anocistok Inc. for the aok use of Title Co. ifkn as indic" in the certificate shown hereon. Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Easement Form South Lubbock Sanitary Sewer Extension Parcel No. 12-A PERIMETER SURVEY OF A 0,270 ACRE TRACT LOCATED IN SCALE: 1"=60' SECTION 4, BLOCK B LUBBOCK COUNTY, TEXAS corm LOr7 Lora +LOC4 LOTP I �' I BLOCK7 core �{ PHYLLIS WAEA TL YSUBDIV, aC _ PAY Rac vtkd Va1.W, * 3/4 dd-�a0'RisptoFW4Y PqY Vo%,71.R, Ps a/4 d - - - o[ � ass -------------- t e`a,Pg //s y---- __ ----------------------------- ------ - -- ------ ` r� - _ --------- QirrRcyd � a>�, �� ,' Ib}rRod 5 Lines O ? `rp. ' ,: POINT OF BEGINNING LOT 2, BLOCK 1,,, •o\ ,'" PRODt10ERS GRAIN A Pg.PI IbN t ReooJdcd Vol. , g Blanket Gas Line & Right -of -Way Easefnant Vol. 382, Pg. 270 Owner: Attobury Grain, Inc. � - —X— C) \+ BLOCK / FARMERS CO-OPADDITION ati + P/al Recrxded Vol. 543, Pg.421 \\ Owner. Fanners CoWervi a Comp m Rai 0 £®nr Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, CORS 96, Epoch 2002.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1,00024 Surveyed on the ground, July 25, 2012 t, � . a-K, E. Allan stened Professional Land Surveyor No. 5895 State of Texas Line Table Line H Length Direction Ll 80.00' N38e 08' 14"W L2 100.04' N51 e 5 F 461E L3 112.86' S88° 08' 08"E L4 9.76' S02° 05' 18"W L5 180.18' S51e 51' 46"W NOTES: HEAVY LINES INDICATE PLAT LIMITS. A- FOUND 3/4" IRON PIPE ®- SET 1/2" IRON ROD WITH CAP o-FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of suncy. Sheet 1 of 2 10 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1001 AVENUE N CIVIL ENGINEERS LUaeoctc, TEXAS 79401 TEW LK9N8E0 SURVEYWO FIRM 1e067" PHONE: 808 1703-M42 TUAS RGOWMRED HOWAA 40 FMM F-M FAX: W6 17833891 Copyright 201 Z Hugo Rod nd Assmiatm Inc, for tho sole use orTitk Co. far GF 0 and any other identiacrs n indicated in the catilicuk shown hereon. METES AND BOUNDS DESCRIPTION of a 0.270 acre parcel located in Lot 2, Block 1, Producers Grain Addition, to the City of Lubbock, Texas, a subdivision of tracts out of Section 4, Block B, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 930, Page 583, Deed Records, Lubbock County, Texas being further described as follows: BEGINNING at a 1/2" iron rod set for the Southwest comer of this parcel, which bears S. 88'1TOY E. a distance of 181.23 feet and N. 01 °47'57" F. a distance of 55.89 feet from a 3/4" iron pipe found at the Southwest comer of said Lot 2, Block 1, Producers Grain Addition and the Northwest corner of Block 1, Farmers Co -Op Addition, out of Section 4, Block B, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 543, Page 421, Deed Records, Lubbock County, Texas; THENCE N. 38008'14" W. a distance of 80.00 feet to a 1/2" iron rod with cap set for the Southernmost Northwest corner of this parcel; THENCE N. 51051'46" E. a distance of 100.04 feet to a 1/2" iron rod with cap set in the North line of said Lot 2, Block 1, Producers Grain Addition also being in the South line of a 15 foot right-of-way easement described in Volume 383, Page 115, Deed Records, Lubbock County, Texas, for the Northernmost Northwest comer of this parcel; THENCE S. 88008'08" E. along the North line of said Lot 2, Block 1, Producers Grain Addition and the South line of said 15 foot right-of-way easement a distance of 112.86 feet to a 1/2" iron rod with cap set for the Northernmost Northeast comer of this parcel; THENCE S. 02005'18" W. a distance of 9.76 feet to a 1/2" iron rod with cap set for the Southemmost Northeast comer of this parcel; THENCE S. 51051'46" W. a distance of 180.18 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet, Combined Scale Factor: 1.00024 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground July 25, 2012 John E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 21 �.,., HUGO REED' AND ASSOCIATES. INC. CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEX%a LKXNBEo SURVEYNO FWA 100670-W PHONE: 8061783-l1842 Tom Re"TERm ENomEo wo Fm F-?w FAX: 8051783-3881 Copyright 2012, Hugo Reed and Associates, Inc, for the sole use of Titk Co. for GF N and any other Idwiffiers as hWWOW in the certifiak ahoem hereon. � X FILED AND RECORDED OFFICIAL PUBLIC RECORDS L- Io Ke!!y Plnion Countyy Cl.rk Lubbock Coun�y TEXRS 11/02/2017 02:12 PM FEE: 74.00 2017139609