HomeMy WebLinkAboutResolution - 2014-R0067 - Accept Easement Block JS - 02_27_2014EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK
Truman Lewis and Mona Lewis, with street address of 5507 27th Street, Lubbock, TX
79407, herein after collectively referred to as Grantor, for a valuable consideration, to it paid by
The City of Lubbock, Texas (the "Grantee") with offices at 1625 13`f' 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.
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
to locate the Pipeline System through, over, under, upon, across and within the Easement
for the purpose of water/waste 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,
Pipeline Easement Agreement
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. Unless Grantor agrees otherwise in writing, Grantee agrees 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 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.
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.
Pipeline Easement Agreement 2
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.
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
Pipeline Easement Agreement 3
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.
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.
Pipeline Easement Agreement 4
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.
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 ]
Pipeline Easement Agreement 5
EXECUTED this Wi day o ece-.,-u w , 2013 ("Effective Date").
TRUMAN LEWIS
1
GRANTEE:
Thf f":4- .-rT-Ul---1,
Nai
Title: Mayor
ATTEST:
Re cca Garza, City S ret
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
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APPROVED AS TO F
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Pipeline Easement Agreement
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on ,lam 2013, by
TURMAN LEWIS.
V
A Coming .ammisefon Ems412015
STATE OF TEXAS
COUNTY OF LUBBOCK
"a'GLt'
Notary Public, State of Texas
_ iA.. �k a✓ Pr� Ca. c „�
Printed Name of Notary
My commission expires:
h
This instrument was acknowledged before me once—Noo►. 1, 2013, by MONA
LEWIS.
Amite A CorrftMY IS
12/14/201 E�hes
OF
STATE OF TEXAS
COUNTY OF LUBBOCK
Notary Public,, State of Texis
�. k t4 A. t_.zI ^'-v'%
Printed Name of Notary -
My commission expires: 12 q9jol
This instrument was acknowledged before me on $ , 201�, 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
EO
NoMay Pubic, B�atTeo�
MyutMni6om Bono", 2018
Nol ublic, S to of -rp,�25
Printed Name of Notary 6—*hQ Webb
My commission expires: r3-a-,2yIV
Pipeline Easement Agreement 7
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Pipeline Easement Agreement
2ND STREET
50
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79.63 ACRES
CYASE A ALUSAV McaA#V
CCF#2100904/525
23 24
SCALE: 1 "=300'
AUBURN STREET (STRIP PAVED)
26 2s
31 32
AMHERST STREET (STRIP PAVED)
34 33
39 40
1ST STREET (STRIP PAVED)
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42 41
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(STRIP PAVED)
3RD STREET (STRIP PAVED) I
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R9' STATE � YAY EASEAZNT
WA-
4TH ST REE�'srArE -M. 17YEA AL/✓
(PAVED) POINT OF BEGINNING
NW/4 SEC7XW a & Off JS
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BAILEY COUNTY WATER PIPELINE
Parcel No. 17 - Permanent Easement
PERIMETER SURVEY OF A 2.391 ACRE
TRACT LOCATED IN
SECTION 39 BLOCK JS
LUBBOCK COUNTY, TEXAS
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: 1.0002347
Surveyed on the ground.
No%cmbcr S. 2013
ul 0—a—
U, Allcn
glstered Professional
Land Surveyor No. 5895
State of Texas
�OF
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GT6,t "
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1OHN E. ALLEN
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NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
O- SET 1/2" IRON ROD WITH CAP
®- SET MAG NAIL WITH WASHER
®- FOUND 1/2" IRON ROD
O- FOUND 3/4" IRON PIPE
t,- FOUND 1/2" IRON PIPE
A legal description of even survey date
herewith accompanies this plat of survey.
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. Record documents other
than those shown on this survey may exist and
encumber this property.
—40,RawEASEAArcoWASSWRS
cq,RT ArAnr5 fW. G /w/
Sheet 1 of 2
tom'
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7ptA9 RE1319TEHE0 EH61tiEEFrINO flflM f-T00
Copyright 2013, Hugo Reed and Associates, Inc. for th=r�c.a,.,hWfw-n
tle Co.
for GF N end any othcr idenlificrs as indiealed in the cehereon.
BAILEY COUNTY WATER PIPELINE
Parcel No. 17 - Permanent Easement
PERIMETER SURVEY OF A 2.381 ACRE TRACT LOCATED IN
SECTION 3, BLOCK JS
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 2.381acre parcel located in Section 3, Block JS, Lubbock County, Texas, being a portion of
Southwest Quarter described in County Clerk File Number 2010032354, Official Public Records, Lubbock County, Texas, being further
described as follows:
BEGINNING at a mag nail with washer set (North: 7281493.52', East: 910874.87') in common line of Sections 3 and 4, Block JS,
Lubbock County, Texas, and in the North line of a 50.00 foot State of Texas highway right-of-way as occupied on the ground and in the
East line of a 20.00 foot State of Texas highway right-of-way described in Volume 659, Page 177, Deed Records, Lubbock County, Texas,
and at the Southwest comer of a 10.00 foot telephone line easement as described in Volume 660, Page 564, Deed Records, Lubbock
County, Texas, and in the East line of Frenship Estates, an Addition to the County of Lubbock, according to the map, plat and/or
dedication deed thereof recorded in Volume 1922, Page 404, Deed Records, Lubbock County, Texas, and in the centerline of a 40.00 road
easement described in Commissioners Court Minutes dated February 3, 1931, Lubbock County, Texas, which bears N. 01'49'18" E. a
distance of 50.00 feet from the from the common corner of Sections 3, 4 and 10, Block JS, Section 1, Block D-6, Lubbock County, Texas,
for the Southwest comcr of this parcel;
THENCE N. 01049' 18" E. along the common line of said Sections 3 and 4, Block JS, and the East line of said Frenship Estates, at 150.00
feet pass the North line of said 20.00 foot State of Texas highway right-of-way, continuing for a total distance of 2593.33 feet to a point at
the Northwest corner of the Southwest quarter, which bears S. 01'49' 18" W. a distance of 1.72 feet from a 1/2" iron pipe found at the
Northeast corner of said Frenship Estates, for the Northwest comer of this parcel;
THENCE S. 88010'42" E. along the quarter section line, at 20.00 feet pass said 40.00 road casement, continuing for a total distance of
40.00 feet to a 1/2" iron rod with cap set for the Northeast comer of this parcel;
THENCE S. 01049'18" W. at a distance of 2583.33 pass the North line of said 10.00 telephone line easement, continuing for a total
distance of 2593.33 feet to a 1/2" iron rod with cap set in the North line of said 50.00 foot State of Texas highway right-of-way as
occupied on the ground, for the Southeast comer of this parcel;
THENCE N. 88010'42" W. at 20.00 feet pass the East line of said 40.00 road casement, continuing for a total 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 Feet. Combined Scale Factor: 1.0002347
A plat of even survey date herewith accompanies this legal description.
Surveyed on the ground
November 5,22013
It E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
ST �
�4' �jl S T�� �' l
' 4 O
JOHN E. ALLEN
,- .o_ 5895 v Q'
Sheet 2 of 2
Copyright 2013, Hugo Reed and Associates, Inc. for the sole use or Title Co
for GF N and any other identifiers as indicated in the certificate shown hereon
EASE 2014025893
Resolution No. 2014-R0067
RETURN: WEST TEXAS TIT E C MPANY
FILE NO.
STATE OF TEXAS §
COUNTY OF LUBBOCK §
11 PGS
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT:
Truman Lewis and Mona Lewis, with street address of 5507 27th Street, Lubbock, TX
79407, herein after collectively referred to as Grantor, 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.
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
to locate the Pipeline System through, over, under, upon, across and within the Easement
for the purpose of water/waste 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,
Pipeline Easement Agreement 1
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. Unless Grantor agrees otherwise in writing, Grantee agrees 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 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.
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.
Pipeline Easement Agreement 2
No Text
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 parry
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.
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
Pipeline Easement Agreement 3
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.
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.
Pipeline Easement Agreement 4
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.
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 ]
Pipeline Easement Agreement 5
EXECUTED this klk day 2013 ("Effective Date").
GRANTOR:
TRUMAN LEWIS
W 041..
t ME
GRANTEE:
The 1-1:4.. —r T -1-1 ,.,_
Un
Nat
Title: Mayor
ATTEST:
Re cca QarzaCi y S ret
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
P, � - j
w &ue-S
APPROVED AS TO F
Ryan . Big ee, Aiomey
Pipeline Easement Agreement
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on `lam , 2013, by
TURMAN LEWIS.
.rAnita A Corm
;*My E�
'z)Comma12JI4120iS
STATE OF TEXAS
COUNTY OF LUBBOCK
Notary Public, State of Texas
�wJaC a.. PCB Ca-L r.' �F-
Printed Name of Notary
My commission expires: ('Z- 1 `f 2ot S
h
This instrument was acknowledged before me one �t•�L� ��V , 2013, by MONA
LEWIS.
[4?54� Anita A Conft
My cornnus tl xpks�
ke 12/14/2015
STATE OF TEXAS
COUNTY OF LUBBOCK
Notary Public,, Stateof Tex
AV: k a A - CCN .%'-^N
Printed Name of Notary
My commission expires: I? o2bl S-
This instrument was acknowledged before me on aff, 2011 by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule torporation on behalf of
said Texas Home Rule Corporation.
9 CELIA WEBB
fly CdnetWM pdk So of Tom
Wmn E*=09401.2D"-8
WFOlfA
Printed Name of Notary 6eJtG Webb
My commission expires: p3-of-;w19f
Pipeline Easement Agreement 7
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Pipeline Easement Agreement
73.63 AOYES
CHASE B ALL/SCVV McaA/N
C15)r#c'Ta09047525
23 24
SCALE: 1 "=300'
AUBURN STREET (STRIP PAVED)
AMHERST STREET (STRIP PAVED)
ay 40 i
I
1ST STREET (STRIP PAVED)
NW/4 SECT/ON 3, BLOCK IS
CARMEN FU- YU
J7 YOUNG B SCMIA FCVVG CHEN
C6-F#-r"033399
ROAD EASEAE/VT C'CROSSMERS
C"r MAVTES FEY. 6 1931
Line Table
Line #
Direction
Length
L1
N01' 49' 18"E
2593.33'
L2
S88o 10'42"E
40.00'
L3
S01 ° 49' 18"W
2593.33'
L4
N88o 10' 42"W
40.00'
N
42 41
J
SW/4 SEC77CVV 3 BLOCK ✓S
M MOVA Q 7R7UMAIV LEW7S
O
h
i CCF#20/0032354
A.hk
=om
47
I.
48
A
I
I
2ND STREET (STRIP PAVED)
'
a
c�
50 49
I
go
I
_LGf9BLL7r CC19:RATE LMTS
55 56
AMEXATAN A'8660
9?711984
3RD STREET (STRIP PAVED)
58 1 57
I6I6
frl STATE CF TEXAS HGHIYAYEASEAEiVT
Va. 6.59, Fr,. 171
15
4TH STREE STATEp' TEYgSM2%Y Eq
. 171
(PAVED) POINT OF BEGINNING
BAILEY COUNTY WATER PIPELINE
Parcel No. 17 - Permanent Easement
PERIMETER SURVEY OF A 2.381 ACRE
TRACT LOCATED IN
SECTION 3, BLOCK JS
LUBBOCK COUNTY, TEXAS
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: 1.0002347
Surveyed on the ground.
November 5, 2013
Decempqf4, 2013; Revised Sheet 2
E, E. Allen
stered Professional
Land Surveyor No. 5895
State of Texas
OF T' rye
�1, s T%�&I
JOHN E. ALLEN
,4, 5895
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
O- SET 1/2" IRON ROD WITH CAP
® SET MAG NAIL WITH WASHER
®- FOUND 1/2" IRON ROD
o- FOUND 3/4" IRON PIPE
e- FOUND 1/2" IRON PIPE
A legal description of even survey date
herewith accompanies this plat of survey.
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
[140'R=OAD
the adjoining parcels. Record documents other
than those shown on this survey may exist and
encumber this property.
EASEAENT COWASSOWMS
MWTES FEB. 6, /93/
Sheet 1 of 2
4 OS1`"C � �°
50 STATE Q�. TEXA,S yC,yµ•AY EASEAI�NT
*—fq HUGO REED
50STA7F0-MXAS/F�,Eny rEASEAENT
AND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
_
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F. 760 FAX: 806 / 763'3891
-
BAILEY COUNTY WATER PIPELINE
Parcel No. 17 - Permanent Easement
PERIMETER SURVEY OF A 2.381 ACRE TRACT LOCATED IN
SECTION 3, BLOCK JS
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 2.381 acre parcel located in Section 3, Block JS, Lubbock County, Texas, being a portion of
Southwest Quarter described in County Clerk File Number 2010032354, Official Public Records, Lubbock County, Texas, being further
described as follows:
BEGINNING at a mag nail with washer set (North: 7281493.52', East: 9I0874.87') in common line of Sections 3 and 4, Block JS,
Lubbock County, Texas, and in the North line of a 50.00 foot State of Texas highway right-of-way as occupied on the ground and in the
East line of a 20.00 foot State of Texas highway right-of-way described in Volume 659, Page 171, Deed Records, Lubbock County, Texas,
and at the Southwest corner of a 10.00 foot telephone line easement as described in Volume 660, Page 564, Deed Records, Lubbock
County, Texas, and in the East line of Frenship Estates, an Addition to the County of Lubbock, according to the map, plat and/or
dedication deed thereof recorded in Volume 1922, Page 404, Deed Records, Lubbock County, Texas, and in the centerline of a 40.00 foot
road easement described in Commissioners Court Minutes dated February 3, I931, Lubbock County, Texas, which bears N. 01'49'18" E. a
distance of 50.00 feet from the 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. 01 049'18" E. along the common line of said Sections 3 and 4, Block JS, and the East line of said Frenship Estates, at 150.00
feet pass the North line of said 20.00 foot State of Texas highway right-of-way, continuing for a total distance of 2593.33 feet to a point at
the Northwest comer of the Southwest quarter, which bears S. 01'49'18" W. a distance of 1.72 feet from a 1/2" iron pipe found at the
Northeast corner of said Frenship Estates, for the Northwest comer of this parcel;
THENCE S. 88010'42" E. along the quarter section line, at 20.00 feet pass said 40.00 foot road easement, continuing for a total distance of
40.00 feet to a 1/2" iron rod with cap set for the Northeast comer of this parcel;
THENCE S. 01049'18" W. at a distance of 2583.33 feet pass the North line of said 10.00 foot telephone line easement, continuing for a
total distance of 2593.33 feet to a 1/2" iron rod with cap set in the North line of said 50.00 foot State of Texas highway right-of-way as
occupied on'the ground, for the Southeast corner of this parcel;
THENCE N. 88010'42" W. at 20.00 feet pass the East line of said 40.00 foot road easement, continuing for a total 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 Feet. Combined Scale Factor: 1.0002347
A plat of even survey date herewith accompanies this legal description.
Surveyed on the ground
November 5, 2013
December 4, 2013; 9)Revised description to add distance unit and page number
. E oa-
rL_ OF
J . Allen STt�
Registered Professional to
Land Surveyor No. 5895 JOHN E. ALLEN _
State of Texas Y- .6, 5895 vTAe
Sheet 2 of 2
IARHUGO REED
AND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
FILED AND RECORDED
P�♦ OF ff,r.
oy�'� 9r•
OFFICIAL PUBLIC RECORDS
Kelly Pinion, County Clerk
Lubbock County TEXAS
July
18, 2014 02:24:12 PM
2014025893
FEE: $57.00
P 4sol�tyn N 0.7- 0m _?X W q IIIIIIIiillllllllllllllillllliilllllllllllllllllllllliilllll EASE 2014029045
RETURN: WF.�; TITLE COMPANY 17 Pcs
FILE NO. '��
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
TRUMAN KIRBY LEWIS and wife, BETTY JO LEWIS, and TRUMAN O. LEWIS and
wife, MONA LEWIS, with street address of 5507 27`h Street, Lubbock, Texas 79407-3301,
hereinafter collectively referred to as GRANTOR, for a valuable consideration, to it paid by The
City of Lubbock, Texas (the "Grantee") with offices at 1625 13t1i 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 teens, 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
Final Easement & Temporary Easement Form
and from and access on and along said Easement, for 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 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 Tenn 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
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.
Final Easement & Temporary Easement Form 3
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. 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. Grantor and Grantee acknowledge that there is currently one raw irrigation
water supply line located on the southern portion of Grantor's property running from east
to west, a segment of which is located on the Easement Lands (the "Supply Line"). The
Supply Line is further defined as the "Irrigation Supply Line" on the attached Exhibit C and
located on same with such exhibit incorporated herein as if set forth verbatim. Grantee agrees
that, if the Supply Line is cut or severed due to the operation of the Pipeline System,
same shall be repaired within forty-eight (48) hours of being cut/severed. Other than the
obligation to repair the Supply Line hereunder, Grantor shall not receive any
compensation as a result of damage, destruction or loss of use relating to the Supply Line.
25. 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.
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 Nest Page ]
Final Easement & Temporary Easement Fonn 5
EXECUTED this day of � 2014 ("Effective Date").
GRANTOR:
TRUMAN KIR1rY LEWIS
i
BETTY S
01"
TRUMAN O. LEWIS
MONA LEWIS
GRANTEE:
ThF `' ' '
By:
Nai
Title: Aavor C/' J h,L+-IObOG<<,
ATTEST--
Tt
'jRee-ccd Garzza; City Secr tart'.
[Acknowledgements of the Parties on Next Page]
Final Easement & Temporary Easement Form 6
APPROVED AS TO CONTENT:
P - /�a-. J-
61d'"A 01 'ACCaLCC "02fC�
STATE OF MAO
§
COUNTY OF IAAX Ik §
u
This instrument was acknowledged before me on �, 2014, by Truman
Kirby Lewis and wife, Betty Jo Lewis.
NANCY FLOYD
W, r* Notary Public, State of Texas
,> My Commission Expires 08.24.2018
ATE6F t=
STATE OF--kY-t'
Printed Name of Notary
My commission expires:
COUNTY OF JMb §
This instrument was acknowledged before me on Al a-9 2014, by Truman
O. Lewis and wife, Mona Lewis. „
NANCY FLOYD vvUyj
Notary Public, State of Texas Notar Public, tate o
` My Commission Expires 08.24.2018
Printed Name of Notary
My commission expires:
Final Easement & Temporary Easement Fonn
7
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on LqUst ? , 2014, by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of
said Texas Home Rule Corporation.
,,�"P�d,c CELIA WEBB
Notary Pubk, State of Texas
My CommiAvl Expires 03-01.2018
ak=4-u�
Nota lic, eta e of TB�CgS
t (N
Printed Name of Notary
My commission expires: 03-1$-;LOV(
Final Easement & Temporary Easement Form
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Final Easement & Temporary Easement Form
SCALE : 1 "=zoo'
POINT Of BE
(NO
0
coo z
MARY GREEM &L
K X . 10066, PM 50
§I�
138 ACRES
S SARAH BROWN, MELAVDA FULLER
2 SUSAN McCABE
VOL. /903. PG 139
Line Table
Line #
Direction
Length
Ll
NO1 ° 46' 48"E
1815.28'
L2
S88° 09' 26"E
I 30.00'
1-3
SOl° 46' 48"W
1815.28'
L4
I N88° 09' 26"W
30.00'
80.47ACRES—
MARY GREENHILL
VOL. 10066, RG 50
BAILEY COUNTY WATER PIPELINE
Parcel No. 29 - Permanent Easement
PERIMETER SURVEY OF A 1.250 ACRE
TRACT LOCATED IN
SECTION 25, BLOCK 3S
LUBBOCK COUNTY, TEXAS
Bearines are relative to the Texas Coordinate
System of 1983, North Central Zone, N IAD 83
(2011), Epoch 2010.0
Distances are surface, U.S. Survey feet.
Combined Seale Factor: 1.0002347
Surveyed on the ground.
November 8, 2013
December 26, 2013; Revised Sheet 2
r
John E. Allen
RWistered Professional
Land Surveyor No. 5895
State of Texas
S T-4P7
All
coo'
JOHN E. ALLEN _
C .0 5895
OFPSS1d��
S
Q
g NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
o- SET 1/2" IRON ROD WITH CAP
®- FOUND 1/2" IRON ROD WITH CAP
A legal description of even storey date
herewith accompanies this plat of survey.
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. Record documents other
than those shown on this survey may exist and
encumber this property.
Sheet 1 of 2
Copyright 20i3, 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.
BAILEY COUNTY WATER PIPELINE
Parcel No. 29 - Permanent Easement
PERIMETER SURVEY OF A 1.250 ACRE TRACT LOCATED IN
SECTION 25, BLOCK JS
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 1.250 acre parcel located in Section 25, Block JS, Lubbock County, Texas, being a portion
of 20.00 acre tract described in County Clerk File Number 2007048479, Official Public Records, Lubbock County, Texas, being further
described as follows:
BEGINNING at a 1/2" iron rod with cap found (North: 7292384.74', East: 911250.51') in the South line of said 20.00 acre tract and in the
North line of a 80.47 acre tract described in Volume 10066, Page 50, Official Public Records, Lubbock County, Texas, which bears N.
01'46'48" E. a distance of 379.17 feet and N. 88'09'26" W. a distance of 30.00 feet from a 3/8" iron rod found at the common corner of
Sections 8, 15, 25 and 26, Block JS, Lubbock County, Texas, for the Southwest corner of this parcel:
THENCE N. 01 °46'48" E. at 1765.20 feet pass a 1/2" iron rod with cap set in the South line of a 138 acre tract described in Volume 1903,
Page 139. Deed Records, Lubbock County, Texas, continuing for a total distance of 1815.28 feet to a U2" iron rod with cap set in the
North line of said 20,00 acre tract, for the Northwest comer of this parcel;
THENCE S. 88009'26" E. a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northeast comer of this parcel;
THENCE S. 01 °4648" W. at 50.02 feet pass a 1/2" iron rod with cap set in the South line of said 138 acre tract, continuing for a total
distance of 1815.28 feet to a 1/2" iron rod with cap found in the common line of said 80.47 and 20.00 acre tracts, for the Southeast comer
of this parcel;
THENCE N. 88009'26" W. along the common line of said 80.47 and 20.00 acre tracts a distance of 30.00 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
Surveyed on the ground
November 8, 2013
December 26, 2013; Revised distance unit
. e°. OF
.Olin E. Alien � �sTST!
Registered Professional Grj
Land Surveyor No. 5895 JOHN E. A
State of Texas „c x, 5895
SO
Sheet 2 of 2'
Copyright =3, Hugo Reed and Associates; Inc. for the soie use or?itic Cc.
for GF # and anv other identifiers as indicated in the certificate shown hereon.
Exhibit B
Legal Description of the Temporary Easement
Final Easement & Temporary Easement Form
SCALE: V=zoo'
(NO
O
POINT OF BEGINNING
MARY GREEWLL
KL. 10066 PG. 50
/3B AQ4ES
Q SARAN BROWN, MELMOA FULLER
SUSAN McCASE
VOL, /903, Pi;. 139
O
Q�W
OYLq
V
Line Table
Line #
Direction
Length
L1
NO1' 46' 48"E
1815.28'
L2
S88' 09' 26"E
30.00'
L3
SO]' 46' 48" Vd
1815.28'
L4
N88' 09' 26"W
30.00'
:,'-80 4TAQ4ES—
MARY GREENIkL
VOL. 10066 PG. 50
BAILEY COUNTY WATER PIPELIN T
Parcel No. 30 - Temporary Easement
PERIMETER SURVEY OF A 1.250 ACRE
TRACT LOCATED IN
SECTION 25, BLOCK JS
LUBBOCK COUNTY, TEXAS
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: 1.0002347
Surveyed on the ground.
November 8, 2013
December 26, 2013; Revised Sheet 2
pp
lolyi E. Allen
k4istered Professional
Land Surveyor No. 5895
State of Texas
S TE� �yC�
r/] � O '(J3
JOHN E. ALLEN
5895
OAES51�,,G��
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
o - SET 112." IRON ROD WITH CAP
�- FOUND 1/2" IRON ROD WITH CAP
A legal description of even survey date
herewith accompanies this plat of survey.
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. Record documents other
than those shown on this survey may exist and
encumber this property.
Sheet 1 of 2'
Copyright 2013, Hugo Reed and Associates, Inc. far the sole use of Title Co.
for GF # and anv other identifiers as indicated in. the certificate shown hereon.
BAILEY COUNTY WATER PIPELINE
Parcel No. 30 - Temporary Easement
PERIMETER SURVEY OF A 1.250 ACRE TRACT LOCATED RN'
SECTION 25, BLOCK JS
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 1.250 acre parcel located in Section 25, Block JS, Lubbock County, Texas, being a portion
of 20.00 acre tract described in County Clerk File Number 2007048479, Official Public Records, Lubbock County, Texas, being further
described as follows:
BEGINNING at a 1!2" iron rod with cap found (North: 7292383.', 7', East: 911280.50') in the South line of said 20.00 acre tract and in the
North Iine of a 80.47 acre tract described in Volume 10066, Page 50, Official Public Records, Lubbock County, Texas, which bears N.
01 '46'48" E. a distance of 379.17 feet and N. 88°09'26" W. a distance of 60.00 f et from a 3/8" iron rod found at the common corner of
Sections 8, 15, 25 and 26, Block JS, Lubbock County, Texas, for the Southwest corner of this parcel;
THENCE N. 01 04648" E. at 1765.26 feet pass a 1/2" iron rod with cap set in the South line of a 138 acre tract described in Volume 1903,
Page 139, Deed Records, Lubbock County, Texas, continuing for a total distance of 1815.28 feet to a 1I2" iron rod with cap set in the
North line of said 20.00 acre tract, for the Northwest corner of this parcel;
THENCE S. 88009'26" E. a distance of 30.00 feet to a 1/2" iron rod with cap set forth-, Northeast comer of this parcel;
THENCE S. 01046'48" W. at 49.96 feet pass a 1/2" iron rod with cap set in the South line of said 138 acre, tract, continuing for a total
distance of 1815.28 feet to a 1/2" iron rod with cap found in the common line of said 80.47 and 20.00 acre tracts, for the Southeast comer
of this parcel;
THENCE N. 88009'26" W. along the common line of said 90.47 and 20.00 acre tracts a distance of 30.00 feet to the Point of Beginning.
Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate Svstem, 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.
Surveyed on the ground
November 8, 20I3
December 26, 2013; Revised distance unit
of
fits E. Allen f,Q"vt 5
Registered Professional rij 4'
Land Surveyor No. 5895 JOHN E. ALLEN
State of Texas 7 5895
Sheet 2 of 2
Copyright 2013,Hugo Reed and Associates, Inc. for the sole use o; Title Co.
for GF N and any other identifiers as indicated in the certificate shown hereon..
Exhibit C
Supply Line
Final Easement & Temporary Easement Form 10
r
138 ACRES BAILEY COUNTY WATER PIPELINE
s SARAHBROWN, MELADA FULLER Parcel No. 29 and 30
FSUSAAlMcCABE Irrigation Lines Location
Pa- 09 SURVEY LOCATED IN
-'°"' SECTION 251, BLOCK 3S
{ IRRIGATION RETURN LINE LUBBOCK COUNTY, TEXAS
SCALE: 1 "=200'
y I I I 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: 1.0002347
r r t
Surveyed on the ground.
February 15, 201.1
I , 1oh E. Allcn
c istered Professional
Land Surveyor No. 5895
State of Texas
IST
I20,�
�_J��; Nt as W JOHN E. ALLEN
Q� Ivll�"�`" .a� 5895
SU
g NOTES:HEAVY LINES INDICATE PLAT LIMITS.
®- FOUND 1/2" IRON ROD WITH CAP
— - IRRIGATION LINES
, , t
, , r
This survey depicts the location of irrigation lines
and relies solely on the location information
§ I I provided on the ground by Gary Lewis on
February 25, 2014. Record documents other than
those shown on this survey may exist and
Iencumber this property.
pit i i
` IRRIGATION SUPPLY LINE Sheet I of 2
N 33' NORTH OF SOUTH
I~' " EASEMENT LINE 2 HUGO REED
JL AND ASSOCIATES, INC.
LAND SURVEYORS
Ftsot AVENUE N
OCCUPIED AS COUNTY ROAD 6400 ;----- CIVIL ENGINEERS LUBBOCK, TEXAs 7saot
_- _ .. _ 80,47ACRES— -- PHONE: 6061763-5642
(NO D00.1M%HT FOUpD] TEXAS LICENSED SURVEYING F,Rn+ toD678 nD
//4.2 p4ES i MARY GREEMALL TEXAS REGISTERED ENGINEERING FIRM F-7W FAX: 806 1763 -3691
MART GREET H%L Va. IX66, PG 50 copyright 2014, Hugo Reed and Associates, Inc. for the sole use al Title Co.
V , 10066� fG'. 50 � for GI` 0 and ally other identifiers as indicated in the certificate shown hereon.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion, County Clerk
Lubbock County TEXAS
August 11, 2014 02:46:46 PM
FEE: $81.00 2014029045