HomeMy WebLinkAboutResolution - 2010-R0209 - Purchase Of Easement Owned By Lidwina Wolf - 05/13/2010Resolution No. 2010-RO209
May 13, 2010
Item No. 5.4
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, a Contract for Purchase of
Easement for certain pipeline easement interests located on certain property owned by
Lidwina Wolf, in Lubbock County, and all related documents. Said Contract for
Purchase of Easement 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 on May -13, 2010
TOM MARTIN, MAYOR
ATTEST:
Rebecc Garza, City Secretary
APPROVED AS TO CONTENT:
"L�q., Chief Operation Officer
Z J44'w 4ZZ
Dave Booher, Right -of -Way Agent
APPROVED AS TO
ty Attorney
Res -Contract for Purch Easement-Lidwma Wolf
4.7 10
Resolution No. 2010—RO209
Contract: 9521
CONTRACT FOR PURCHASE OF EASEMENT
This Contract For Purchase of Easement (the "Contract") is made on this 13th day of
May , 2010 ("Effective Date"), by and between Lidwina Wolf, as her sole and separate property,
(referred to herein as "Seller" whether one or more) and the City of Lubbock, Texas, a Texas home rule municipal
corporation (referred to herein as "Buyer").
RECITALS
WHEREAS, Seller owns the Easement Area (as defined in the Easement Agreement (the "Easement
Agreement") attached hereto as Exhibit A) and the Temporary Easement Area (as defined in the Easement
Agreement) (the Easement Area and the Temporary Easement Area shall be collectively referred to herein as the
"Easement Area"); and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, a permanent and
temporary easement (collectively, the "Easement") over, across and upon the Easement Area, and the Temporary
Easement Area in accordance with the terms of the Easement Agreement.
ARTICLE 1
SALE OF EASEMENT
For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein
contained, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Easement
and all rights incident thereto as described in the Easement Agreement attached hereto and incorporated herein
for all purposes.
ARTICLE 11
PURCHASE PRICE AND EARNEST MONEY
2.01 Yurchaso Price. The Purchase Price to be paid to Seller for the Easement described herein is the sum
of X92 !Z1Z Dollars ( -' . 'A. 'Z' 1/1) (the "Purchase Price") which amount is the sum of the
amounts set forth in Paragraph 16 of the Easement Agreement.
2.02 Independent Contract Consideration. Within five (5) business days after the Effective Date, as defined
below, Buyer shall deliver to Seller a check in the amount of One Hundred and No/100 Dollars ($100.00) (the
"Independent Contract Consideration"), which amount the parties hereby acknowledge and agree has been
bargained for and agreed to as consideration for Seller's execution and delivery of this Contract. The
Independent Contract Consideration is to be credited against the Purchase Price at closing, if Closing (as
identified below) occurs.
ARTICLE III
TITLE AND SURVEY
3.01 Title Commitment. Within fifteen (15) calendar days after the Effective Date, Buyer, at Buyer's sole cost
and expense, shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title
Commitment") for the Property, issued by West Texas Title Company ("Title Company") setting forth its
exceptions to title ("Exception/Exceptions") and copies of any such Exceptions.
3.02 Survey. Buyer, at Buyer's sole cost and expense, has caused a current on the ground survey for the
Property (the "Survey") to be delivered to Buyer. Seller shall furnish any affidavits, certificates, assurances,
and/or resolutions required by the Title Company, if any, in order to amend the survey exceptions as required by
Section 3.05 below.
3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of forty-
five (45) calendar days (the "Title Review Period") commencing with the day Buyer receives the last of the Title
Commitment, the Survey, and the Exception documents, in which to give written notice to Seller, specifying
Buyer's objections to one or more of the Items ("Objections"), If any. All Items set forth in the Schedule C of the
Title Commitment, and all other items set forth in the Title Commitment which are required to be released at or
prior to Closing, shall be deemed to be Objections.
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. If Buyer notifies Seller of Objections to any of
the matters furnished to Buyer pursuant to Section 3.03, the Seller shall, within fifteen (15) calendar days after
Seller is provided notice, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in
writing of the Objections that Seller cannot or will not satisfy at Seller's expense. If Seller fails or refuses to satisfy
any Objections within the allowed fifteen (15) calendar day period, such cure period shall be automatically
extended an additional fifteen (15) days. If the obligation remains unsatisfied, and if Buyer and Seller do not
agree in writing to an extension of that period, then Buyer has the option of either:
(i) waiving the unsatisfied Objections by, and only by, notice in writing to Seller within forty-five (45) calendar
days after the expiration of the Title Review Period, in which event those Objections shall become
Permitted Exceptions (herein so called); or
(ii) terminating this Contract by notice in writing and receiving back the Independent Consideration, in which
latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject
matter of this Contract.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas
Owner Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the
Title Company, in the amount of the Purchase Price and insuring that Buyer has fee simple title to, and can
convey, an easement pursuant to the Easement Agreement over and across the Easement Area, subject only to
the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other
exceptions to title, with the standard printed or commonly inserted exceptions amended or deleted, at the option
of Buyer, as follows:
(i) survey exception may be amended to read "shortages in area" only (although Schedule C of the Title
Commitment may condition amendment on the presentation of an acceptable survey and payment, to be
borne solely by Buyer, of any required additional premium);
(ii) no exception will be permitted for "visible and apparent easements" or words to that effect;
(iii) no exception will be permitted for "rights of parties in possession";
(iv) no liens will be shown on Schedule B.
Notwithstanding the enumeration of the following exceptions, amendments and/or deletions, Buyer may
object to any Exceptions it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified
in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion,
during the period commencing with the Effective Date of this Contract and ending ninety (90) calendar days
thereafter (the "Absolute Review Period"), based on such tests, examinations, studies, investigations and
inspections of the Easement the Buyer deems necessary or desirable, including but not limited to studies or
inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole
cost, that Buyer finds the Easement suitable for Buyer's purposes. Buyer is granted the right to conduct
engineering and/or market and economic feasibility studies of the Easement, and to conduct a physical inspection
of the Easement Area, including inspections that invade the surface and subsurface of the Easement Area. If
Buyer determines, in its sole judgment, that the Easement Area is not suitable, for any reason, for Buyer's
intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as
CONTRACT OF SALE
Wolf — City of Lubbock
reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, and neither Buyer
nor Seller shall have any further duties or obligations hereunder.
ARTICLE V
REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS
5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and
consummate the sale and purchase of the Easement in accordance with the terms and provisions herewith, Seller
represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific
reference is made to another date, that the Seller has good and marketable fee simple title to the Easement Area,
subject only to the Permitted Exceptions.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows:
(a) Unless stated otherwise, within ten (10) days after the Effective Date, Seller, at Buyer's sole cost
and expense, shall deliver to Buyer, with respect to the Easement Area, true, correct, and
complete copies or notice of all oral or written leases or agreements and/or occupancy
agreements of any kind or nature relating to the possession of the Easement Area, or any part
thereof, including any and all modifications, supplements, and amendments thereto (the
"Leases");
(b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall
not sell, assign, or convey any right, title or interest whatsoever in or to the Easement Area, or
create, or permit to exist, any lien, encumbrance, or charge thereon.
5.03 Survival Beyond Closing. The representations, warranties, covenants and agreements of Seller and
Buyer contained in this Contract shall survive the Closing.
ARTICLE VI
CLOSING
6.01 Date and Place of Closing. The Closing shall take place in the offices of the Title Company. The
Closing Date (herein sometimes called), shall be on the earlier to occur of (i) five (5) days following the completion
of all conditions precedent to Buyer's performance of this Contract, so long as said date is after the expiration of
the Absolute Review Period, unless Buyer elects, in its sole discretion, to close prior to the expiration of the
Absolute Review Period; or (ii) as mutually agreed on by Seller and Buyer. Unless provided otherwise herein or
agreed upon by Buyer and Seller, Closing shall not be later than fifteen (15) calendar days after the expiration of
the Absolute Review Period.
6.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title
Company the following items:
(i) The Title Policy in the form specified in Section 3.05;
An Easement Agreement, in the form as attached hereto as Exhibit "A", duly executed by
Seller and acknowledged; and
(b) Bu er. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items:
(i) The sum required by Section 2.01 in the form of certified or cashier's check, check or
other readily available funds;
Both Buyer and Seller shall deliver other items reasonably requested by the Title Company as
administrative requirements for consummating the Closing.
CONTRACT OF SALE
Wolf — City of Lubbock
ARTICLE VII
DEFAULTS AND REMEDIES
7.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of
the following events: (i) Any of Seller's warranties or representations contained in this Contract
are untrue on the Closing Date; or (II) Seller falls to meet, comply with or perform any covenant,
agreement, condition precedent or obligation on Seller's part required within the time limits and in
the manner required in this Contract.
(b) Buyer's Remedies. If 7.01(a) occurs, Buyer may: (i) terminate the Contract and receive the
Independent Consideration as Buyer's sole and exclusive remedy, or (ii) enforce specific
performance.
7.02 Buyer's Default, Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the
items specified in Section 6.02(b) of this Contract for any reason other than a default by Seller
under this Contract or termination of this Contract pursuant to the terms hereof prior to Closing.
(b) Seller's Remedies. If 7.02(a) occurs, Seller may: (i) terminate the Contract and retain the
Independent Consideration as Seller's sole and exclusive remedy, or (ii) enforce specific
performance.
7.03 Notice. All notices, demands, requests, and other communications required hereunder shall be in
writing, and shall be deemed to be delivered, upon the earlier to occur of (a) actual receipt, and (b) the deposit of,
in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
SELLER:
Lidwina Wolf
7517 E CR 7800
Slaton, TX 79364
Copies to:
For Seller:
BUYER:
Attn: Dave Booher
City of Lubbock
1625 13th Street
Lubbock, Texas 79401
Telecopy: (806)775-3074
For Buyer:
Attn: Marsha Reed
City of Lubbock
1625 13th Street
Lubbock, Texas 79401
Telecopy: (806)775-2051
The parties may change their address effective in the same manner as other notices provided hereunder.
ARTICLE VIII
MISCELLANEOUS
8.01 Governing Law and Venue. This Contract is being executed and delivered and is intended to be
performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and
CONTRACT OF SALE
Wolf — City of Lubbock
interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR
ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN LUBBOCK COUNTY, TEXAS.
8.02 Entirety and Amendments. This Contract embodies the entire agreement between the parties and
supersedes all prior agreements and understandings, If any, related to the Easement, and may be amended or
supplemented only in writing executed by the party against whom enforcement is sought.
8.03 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their
respective heirs, executors, administrators, successors and assigns.
8.04 Further Assurances. Seller and Buyer agree to perform, execute and/or deliver, or cause to be
performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances
as are reasonably necessary to consummate the transactions contemplated hereby.
8.05 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and
made a part of, this Contract for all purposes.
8.06 Authority. Any action that is provided to be, or may be taken by Buyer hereunder is hereby delegated by
the City Council of the City of Lubbock to the Deputy City Manager of Buyer, or his designee, When the context
requires, singular nouns and pronouns include the plural. The undersigned represent and warrant their respective
authority to execute this contract, and to convey fully, and without reservation or exception, the interest in property
described herein.
Executed by Seller on the � day of L'' - 2010.
SELLER:
.. .- f . . ) kj-/
LIDWINA WOLF, as her sole and se 'rate property
Executed by Buyer on the 13th day of May 2010.
CITY OF LUBBOCK
TOM MARTIN, MAYOR
ATTEST:
Rebec'NeGarza, City Secretary
CONTRACT OF SALE
Wolf — City of Lubbock
APPROVED AS TO CONTENT:
A,
(gad
Marsha Reed, P.E., Chief Opera ions fficer
z I
40-t4l
Dave Booher, Right -of -Way Agent -
APPROVED AS
Ryan J
of Lubt
CONTRACT OF SALE
Wolf — City of Lubbock
Exhibit "A" to
Contract of Sale
EASEMENT FORM
CONTRACT OF SALE
Wolf — City of Lubbock
Resolution No. 2010-RO209
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
Lidwina Wolf, as her sole and separate property, with a street address of 7517 E CR
7800, Slaton, Lubbock County, TX 79364 (hereinafter referred to as the "Grantor" whether one
or more) for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee")
with offices at 1625 13th 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 following
described lands, described in Exhibit A (hereinafter called the "Lands") situated in Garza
County, Texas:
Pipelines and Equipment
Grantor hereby grants to Grantee a perpetual exclusive Easement to survey, construct,
reconstruct, install, upgrade, 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 equipment and facilities related thereto, or any part thereof (hereinafter collectively
called the "Pipeline System"), for and/or related to the transportation of water through, under,
upon, over, across and within the Lands. Such perpetual exclusive Easement shall be 60 feet
wide, as described in Exhibit A as attached hereto. Further, a temporary construction Easement
is hereby granted adjacent to the perpetual exclusive Easement which shall be an additional 60
feet, as described in Exhibit A as attached hereto. The temporary Easement shall terminate upon
completion of all construction activities related to that portion of the Pipeline System that
requires said temporary Easement as described in Exhibit B as attached hereto. Exhibit A is
attached hereto and incorporated herein, and hereby made a part hereof by reference to describe
the Easement and the Lands.
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
Wolf -- Pipeline Easement Agreement
for the purpose of water transportation. Grantee shall use the Easement for the Permitted
Uses and Pipeline System and for no other purposes or uses.
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") and Grantor's rules and regulations as shown on Exhibit C
attached hereto, particularly, but not limited to, those regarding safety, cleanup and
distribution and removal of soil, rock and/or trees. Grantee agrees to construct the
Pipeline System, in compliance with all Legal Requirements, .and with due care for
Grantor's property, business and operations. Fences and gates installed by Grantee shall
meet the specifications described in, and be installed as specified in, Exhibit D attached
hereto and made a part hereof. Grantor and Grantee shall each conduct its activities in
such a manner as to not unduly interfere with or cause a disruption to the other's
business, operations and property or those of other third parties entering or crossing the
Easement. 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. Upon completion of any construction project that is part of the
Pipeline System and upon completion of any record survey, Grantee shall provide a copy
to Grantor of the record survey showing the location of the Easement and Pipeline
System and all other installed assets on the Grantor's lands.
3. If Grantee should abandon the Pipeline System, then this Easement and
the rights herein granted shall automatically terminate and revert to, and become property
of, Grantor, its successors and assigns. Grantee may abandon the Pipeline System solely
by a formal resolution of its governing body that authorizes the abandonment of the
Pipeline System and that further resolves that Lake Alan Henry is no longer necessary as
part of Grantees water supply. 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. Grantee shall at all times during the Easement Term, at Grantee's sole cost
and expense, keep the Pipeline System in a safe and properly maintained condition.
Grantee shall promptly make all necessary or appropriate repairs, replacements and
renewals of the Pipeline System, and keep and maintain the Pipeline System in good
order, condition, and repair (ordinary wear and tear excepted), and in such condition as
may be required by applicable Legal Requirements. Grantee shall keep the Easement in
good order, condition and repair following any work related to Permitted Uses on the
Pipeline System.
Wolf -- Pipeline Easement Agreement
6. 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. Grantee will provide Grantor with a copy of Grantee's
environmental permit(s), if applicable, and notify Grantor of any proposed changes to
said permit(s).
7. Within the Easement, Grantee shall have the right to cut fences and install
gates to enable Permitted Uses for the Pipeline System. Before a fence is cut by Grantee,
it shall be properly supported on either side of the contemplated opening by suitable posts
and braces.
8. The Pipeline System shall be so located or shall be buried at a sufficient
depth so it does not interfere with current cultivation of the soil at the soil levels as they
exist at time of execution of this Easement. Following completion of construction, the
surface area shall be returned to its preconstruction condition as nearly as practicable. If
any of the property shall be grassland, Grantee shall apply grass seed with a native mix
from seed that is available and that is the same as existing native grass or comparable to
the native grass in the disturbed area.
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. However, the right reserved by Grantor as to the perpetual Easement
shall not include the right to erect any buildings, reservoirs, structures, or other
improvements on the perpetual Easement without the advance written permission of
Grantee.
10. Grantor, his successors, assigns, or agricultural lessees or tenants, if any,
are to be compensated, as set out herein under Paragraph 16, for all damages to the lands
and personal property located thereon, including but not limited to fences, crops,
livestock, drainage and/or irrigation systems, as a result or related to the Grantee's use or
occupation of the lands pursuant to the rights granted by this Easement, including but not
limited to construction, future operation and maintenance of the Pipeline System.
Payment of these damages and for the value of this Easement by Grantee, subject to the
terms of this paragraph 19, will be in an amount agreed to by Grantor and Grantee and
shall be a one-time payment as set forth in paragraph 16, for any and all of such
damages, whether occurring or accruing at or after the time of construction of the
pipeline system.
11. 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
No. 3, 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.
Wolf -- Pipeline Easement Agreement 3
12. The grant of Easement herein contained is subject to all valid and
subsisting easements, leases including oil, gas and wind energy leases, and rights-of-way
of record affecting the Lands.
13. It is a condition precedent to the payment to the Grantor of the sum named
herein that the title to the Lands described herein shall be vested in the Grantor, subject
only to the interest of Grantee hereunder and to the matters set out in Paragraph No. 12
hereof and to such other defects, interests, or encumbrances as may be waived in writing
by Grantee. Grantor shall provide to Grantee an executed release from any lien holder,
tenant, lessee, or other party having an interest in the Easement prior to payment of the
compensation called for in Paragraph No. 16 hereof.
14. 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 Grantee. Grantor
agrees to cooperate and aid Grantee, if necessary, to obtain any curative documents
needed.
15. If Grantee, in its sole discretion, determines that the Easement conveyed to
Grantee and described herein should be acquired by judicial procedure, either to procure
a safe title or for any other reason, then Grantor and Grantee hereby stipulate that the
ultimate award to the Grantor for the Easement conveyed to Grantee and described
herein, shall be the same as the purchase price hereinafter stated in Paragraph No. 16, but
should the Grantor own a lesser interest than that Easement conveyed to Grantee and
described herein, such award shall not exceed that portion of the purchase price stated in
Paragraph No. 16 which the value of such lesser easement conveyed to Grantee bears to
the value of the entire Easement described herein.
16. As complete consideration for the above grant of easement and for all the
rights and privileges granted to the Gran=e— greement, Grantee agrees to pay
Grantor the one time sum of and//-/;'100ths Dollars
17. "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.
18. 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.
Wolf-- Pipeline Easement Agreement 4
19. A. To the extent permitted by law, Grantee hereby assumes all liability
for, and agrees to indemnify, defend and hold Grantor harmless from all claims,
demands, fines, damages, liabilities, losses, costs, expenses (including without limitation
reasonable attorneys' fees and court costs), that may be suffered or incurred by Grantor,
on account of injuries to or death of any persons, or damage to or destruction of any
property, occurring on the Easement after the effective date of this agreement to the
extent caused by Grantee's or its employees, contractors, or agents negligence or willful
misconduct.
B. When any losses, claims, demands, or causes of action of the types
described in Section A of this paragraph are the result of joint or concurrent negligence or
willful misconduct of Grantee or their respective employees, contractors or agents, each
party's duty of indemnification will be in proportion to its allocable share of such joint
liability to the extent permitted by law, as determined by a court of competent
jurisdiction.
C. A dispute related to claims for damages accruing under the terms
hereof shall not be cause for the termination of the easement and/or any rights granted
hereunder, and Grantor shall be solely limited to the remedy of actual money damages for
such claims, subject to those limitations contained in paragraph 26 hereunder.
20. Grantee agrees to the extent permitted by law to release, indemnify,
defend, and hold Grantor harmless from and against all claims, losses, damages, costs
(including legal costs), expenses and liabilities of whatsoever nature arising from
pollution or contamination emanating from the Pipeline System and equipment of
Grantee arising from or relating to the performance of this agreement (the "Grantee
pollution liabilities"). For the avoidance of doubt, "Grantee pollution liabilities" shall
exclude any such pollution liabilities arising from any condition existing before the
effective date of the Easement. Grantor agrees to release, indemnify, defend, and hold
Grantee harmless from and against all claims, losses, damages, costs (including legal
costs), expenses and liabilities of whatsoever nature arising from (I) pollution emanating
from the property and equipment of Grantor, (II) any condition existing before the
effective date of the Easement, (III) pollution or contamination migrating or having
migrated on, under, or to the Easement from any other location, and (IV) the possession,
occupation or use of the remaining portions of the Grantor's adjacent property.
21. 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.
22. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
23. This Easement contains the final and complete expression of the parties
with respect to any matter mentioned herein. No prior agreement or understanding
Wolf -- Pipeline Easement Agreement
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.
24. 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.
25. 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.
26. Limitation on certain types of damages. Neither parry 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 indemnity under paragraphs 19 and 20, above, 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.
27. Grantee agrees not to interfere with Grantor's rights to cultivate, use and
enjoy the lands for any purpose, except as limited herein, provided that any such
operation or use by Grantor, or Grantor's heirs, successors or assigns, shall not interfere
with or endanger the operations or integrity of Grantee's Pipeline System and Permitted
Uses. Additionally, the Grantor will not construct any facilities or perform any activities
in or around the Easement and Lands that may violate federal and state regulations
regarding the protection of drinking water supplies and facilities that convey such water.
Grantor and Grantee agree and hereby give notice to any subsequent mineral, water, wind
or energy lessee or grantee of any interest overlying or underlying the Lands owned by
Grantor and the Easement, that Grantee will be operating the Pipeline System as a
Permitted Uses as defined herein, and that no drilling, mining or other operation shall be
conducted on or in the vicinity of the Easement and Lands which would interfere with or
endanger the operations or integrity of the Pipeline System and Permitted Uses. Further,
no structure shall be placed on the Easement, which would interfere with or endanger the
operations or integrity of the Pipeline System and Permitted Uses.
A. To the extent that Grantor owns any portion of the mineral and/or royalty
interest 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:
Wolf— Pipeline Easement Agreement
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.
28. Grantee shall have the right to approve the location and means of future
third -party pipelines which will cross Grantee's pipeline system. Grantee will not
withhold reasonable crossing requests, but will act in a manner to protect Grantee's
pipeline system.
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 ]
Wolf-- Pipeline Easement Agreement
7
EXECUTED this day of , 2010 ("Effective Date")
GRANTOR:
Lidwina Wolf, as her sole and separate property
GRANTEE:
The City of Lubbock
Name:
Title:
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
Marsha Reed, P.E.,
Chief Operations Officer
APPROVED AS TO FORM:
Terry Grantham
Attorney
Wolf-- Pipeline Easement Agreement
STATE OF TEXAS
COUNTY OF LUBBOCK
Wolf.
This instrument was acknowledged before me on , 2010, by Lidwina
Notary Public, State of Texas
Printed Name of Notary
My commission expires:
Exhibits: "A" - Centerline Metes and Bounds Description of Pipeline System
`B" - Survey Plat(s) of Centerline of Pipeline System
"C" - Pipeline Right -Of -Way Safety Guidelines
"D" - Gate Construction Detail and Specifications
Wolf -- Pipeline Easement Agreement
Exhibit A
Metes and Bounds Description of the Perpetual Exclusive Easement and
The Temporary Easement
PARCEL NO. 66
ART & LIDWINA WOLF
EXHIBIT "A"
Resolution No. 2010-RO209
Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being
located in the East half of the Northwest Quarter of Section 28, Block 24, Lubbock County, Texas and
said pipeline centerline being described as follows:
Beginning at a 1/2" iron rod with cap, set in the East line of said Northwest Quarter of said Section 28,
Block 24, for the beginning of this description, from whence a 5j8" rod found for the Northeast corner
of the Northwest Quarter of said Section 28, Block 24, bears North 1038152" East, a distance of
2167.58 feet, said point of beginning having a project coordinate of Y = 7213210.50 and X
991594.35;
Thence North 38027'58" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline
easement, a distance of 2051.80 feet to a 1/2" iron rod with cap, set in the West line of said East Half
of said Northwest Quarter of said Section 28, Block 24, for the end of this description, whence a 5/8"
rod found for the Northeast corner of the Northwest Quarter of said Section 28, Block 24, bears North
1037'30" East, a distance of 5.92.00 feet and South 88037051" East, a distance of 132-2.2 feet.
Containing 124.35 rods. (2.83 acres)
The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot
(60') wide temporary construction easement being parallel and adjacent to said permanent pipeline
easement, located and shown on the accompanying survey plat and said temporary construction
easement contains 2.83 acres of land. The said temporary construction easement shall expire as noted
in the easement agreement.
Notes:
1. A survey plat of even survey date herewith accompanies this legal description.
2. Surveyed on the ground March -May, 2009.
3. Bearings shown are grid. bearings based on the Texas State Plane Coordinate System, Texas North
Central Zone, Nad83 Datum.
4. All distance shown are surface distances.
5. Surface adjustment factor for entire project is 1.0002396
s
OF
Registered fessional Land Surveyor r��'�v°�'�F`•N
�1 y GARY D. VWLSON (j!
Date `t' u � ��9 'KVO t:
O SURd�
HIGH-TECHLANDAND GM5URVEYORS, INC.
3330 70th St., Suite 202 - Lubbock, Texas 79413
(806) 788-0020 - Fax (806) 792=1646
Exhibit B
Survey Plat(s) of Centerline and Description of that portion of the Pipeline System
Requiring the Easement and Temporary Easement
EXHIBIT 1B ! Resolution No. 2010—RO20
669
56GT I ON 129) 01,0GK 21
S_880 37'51" E 1322.2' } AFD %" ROD
• • Set I/2" Rod With Cop
A legal description of even survey date herewith
accompanies this survey plat. � OF rF N
'�P•'0` S ••� \
Su v yed on the May.2009
•••••.oeoeeeeaon...i•••
...CU:RY.[X tV ... W E
Registere rofessional Land Surveyor Cee 4 ��.
Date - - •9iy$g:0�4y0�
Supv�G S
All Northings and Eastings shown are project coordinates
and may be converted to Texas State Plane Coordinates,
North Central Zone, NAD83 by dividing by a surface
adjustment factor of 1.0002396
All distances shown are surface distances.
Bearings shown are grid bearings based on the Texas
State Plane Coordinate System, North Central Zone,
NAD83 Datum.
This survey and allinformotion hereon is for the exclusive use of
CITY OF LUBBOCK
and shall not be copied or used except for the purpose for which
it is expressly furnished. this drawing and all copies (portiol or
complete) shollbe returned to the owner upon demand.
SCALE:1' - 600' REVISION PLAT DATE: 5-7-09
CLIENT PARKHILL SMITH & COOPER - CITY OF LUBBOCK
DRAWN BY: B. BURROW I SURVEY DATE: 3-5,2009
SURVEYED BY: J.M. MARTIN CHECKED BY: G. WILSON
FILE: PAR66.d n I FILE NO. 35,760 SHEET 1 OF 2
va-KCH LMO % GPS SUtV 10M.K.
3330 701h ST., SUITE 202 • LL68M, TX 79113
(806) 788.0020 - FAx 1806) 792.*46
�;
rtwb - r'ermonenr tsmt.
(2.83 Ar-- Permanent Esmt )
`� Art & Lldwlna Wolf _
M
Vol. 563 Pg. 367
Zo
to
60' Permanent
4
(N
Easement
N
ldo Bednorz %2
w
� 6 1/2
Co
w N
Rodney Bednorz`�
�
David Bednorz 3/6
� ��
LO CAKohllch
Oleto Bednorz Vs
Vol. 831 Pg. 3/7
�-
�' Temporary-%�\
Vol.60 975 Pg. 443
0
Vol. 6831 P g .34/
z
Const.Esmf.
2.83 Ac.
z
N.
W.
SEGT ION
28) 81.OGK 24
I,,UOI5OGK
GOUNTY, T6XA5
P.O.B.
Y•72'3210.50
x•991594.35
----
-
S 880 34'31" E 1321.2'
-------
• • Set I/2" Rod With Cop
A legal description of even survey date herewith
accompanies this survey plat. � OF rF N
'�P•'0` S ••� \
Su v yed on the May.2009
•••••.oeoeeeeaon...i•••
...CU:RY.[X tV ... W E
Registere rofessional Land Surveyor Cee 4 ��.
Date - - •9iy$g:0�4y0�
Supv�G S
All Northings and Eastings shown are project coordinates
and may be converted to Texas State Plane Coordinates,
North Central Zone, NAD83 by dividing by a surface
adjustment factor of 1.0002396
All distances shown are surface distances.
Bearings shown are grid bearings based on the Texas
State Plane Coordinate System, North Central Zone,
NAD83 Datum.
This survey and allinformotion hereon is for the exclusive use of
CITY OF LUBBOCK
and shall not be copied or used except for the purpose for which
it is expressly furnished. this drawing and all copies (portiol or
complete) shollbe returned to the owner upon demand.
SCALE:1' - 600' REVISION PLAT DATE: 5-7-09
CLIENT PARKHILL SMITH & COOPER - CITY OF LUBBOCK
DRAWN BY: B. BURROW I SURVEY DATE: 3-5,2009
SURVEYED BY: J.M. MARTIN CHECKED BY: G. WILSON
FILE: PAR66.d n I FILE NO. 35,760 SHEET 1 OF 2
va-KCH LMO % GPS SUtV 10M.K.
3330 701h ST., SUITE 202 • LL68M, TX 79113
(806) 788.0020 - FAx 1806) 792.*46
Resolution No. 2010-RO209
Exhibit C
PIPELINE EASEMENT SAFETY GUIDELINES
So long as the Easement is in effect, Grantee personnel shall comply with the following
safety and security regulations for the pipeline Easement (the "Easement"), as well as applicable
laws and regulations:
1. Except during construction, operation, inspection, or maintenance of the Easement,
Driving on the Easement is limited to use of currently established roadways, if any.
2. Permission on the Easement does not preclude the need to make a one -call to notify third -
party pipeline owners of planned work.
3. Smoking outside vehicles within the Easement or lands or premises is prohibited.
4. No firearms, drugs, alcohol or cameras are permitted in the Easement.
6. Pedestrians and non -motorized traffic has right-of-way over motorized traffic
7. The maximum speed limit is twenty (20) miles per hour; however, much slower speeds
are necessary in congested areas.
8. Use horn for safety at blind corners and when passing.
9. Use established hand signals or turn indicators
10 Observe all signs including pipeline markers.
11. Come to complete stop on entering or leaving the Easement gates.
12. All persons entering the Easement must be fully clothed.
13. Grantee and personnel of Grantee are granted the right to temporarily use Grantor's
property directly located outside of the Easement for such reasons as:
a) avoidance of machinery, construction or equipment located on the Easement; and
b) detouring around natural impediments such as rocks, trees or existing fences or
structures; and
c) repair, removal or maintenance of equipment or vehicles stranded on the
Easement.
14. No debris or trash shall be discarded on the Easement.
Exhibit D
Gate Construction Detail and Specifications
U,
_-o
-F,.
0
I
N
n0 -.S
N
4
J 0
C
O
-
c�
Q:LLJ
O
CL
tr 0:A
tn
i� R
W
U s
N
w
W
m
IL
a.
W
LLI
zz
Q
Z
a.a
to
m
da - CL
aZ�
W
ui o
9WWm0
m
�oY
mW ate¢
aam
O
V
r
�O
a
mr.
N
w 04
c�&O
I
4-J
a
03
W
W
C3
¢a
a
�a�
rv�n 8m
WQm�
uwl
Z
La
zac�
�tnpa
rl
U
UY
a o
4C w m w
C
S,
V 8
<
��C0
J0
-- -
CF
4vyT1i
LV
W
Ji
QW
z
U
��
OtY
Q
iKii
QQLQ�
mcrf`Ke
w°
I`z1a!-
LU
¢�
NV
xvpZ y�
V
0: mm
o
a='Ln
mks'
=a
a
w
4J
zw
a
W
0
<23s?
z
<0 avX_Fi
zwo
U
U
be
WNW^yW�Z
z
o�3�
V
m=
tiIW
a_.._ra-
O .AS
al
m0
��
pSZZW�
LL
LUmm
a 0
W
J J
0 3
IYW
pWp=�aULd
<VhS
V)
r
coo
am
ao.o
cio
m3yrot�3
ma
Nzi
0
U,
_-o
-F,.
I
N
n0 -.S
4
J 0
C
y
-
da
-
Q
to
I
a.a
I
W
a+�
O
xr0
a
�W7.
I \
aa=�
Fa
Q a
�
'AL
-
v
LLLI n
-I
'XVW
Z a
-- -
n
-
Cd
N
� w
Q
ti
C9 w
_. a_
_.
z
a
a_.._ra-
11 w
h io
10
6LL13
m
'NIR .9-.6 W W O
a 1HO13H 30N3d y.01
tn� 151X3 IU Of
-xvw ,c
Z<
``
o�
i It II U
in3� Z
m O1a4 �
ego
I
N
n0 -.S
4
C
y
to
I
a.a
I
W
O
xr0
U
zz
�W7.
I \
O
U
�
'AL
3
N
�ua
-4
IfN a
EASE 2010029733
-rn16 PGS
FILO' T-' tViP�NY
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
Lidwina Wolf, a widow, with a street address of 7517 E CR 7800, Slaton, Lubbock
County, TX 79364 (hereinafter referred to as the "Grantor" whether one or more) for a valuable
consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13th
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 following described lands,
described in Exhibit A (hereinafter called the "Lands") situated in Garza County, Texas:
Pipelines and Equipment
Grantor hereby grants to Grantee a perpetual exclusive Easement to survey, construct,
reconstruct, install, upgrade, 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 equipment and facilities related thereto, or any part thereof (hereinafter collectively
called the "Pipeline System"), for and/or related to the transportation of water through, under,
upon, over, across and within the Lands. Such perpetual exclusive Easement shall be 60 feet
wide, as described in Exhibit A as attached hereto. Further, a temporary construction Easement
is hereby granted adjacent to the perpetual exclusive Easement which shall be an additional 60
feet, as described in Exhibit A as attached hereto. The temporary Easement shall terminate upon
completion of all construction activities related to that portion of the Pipeline System that
requires said temporary Easement as described in Exhibit B as attached hereto. Exhibit A is
attached hereto and incorporated herein, and hereby made a part hereof by reference to describe
the Easement and the Lands.
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 transportation. Grantee shall use the Easement for the Permitted
Uses and Pipeline System and for no other purposes or uses.
Wolf -- Pipeline Easement Agreement
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") and Grantor's rules and regulations as shown on Exhibit C
attached hereto, particularly, but not limited to, those regarding safety, cleanup and
distribution and removal of soil, rock and/or trees. Grantee agrees to construct the
Pipeline System, in compliance with all Legal Requirements, and with due care for
Grantor's property, business and operations. Fences and gates installed by Grantee shall
meet the specifications described in, and be installed as specified in, Exhibit D attached
hereto and made a part hereof. Grantor and Grantee shall each conduct its activities in
such a manner as to not unduly interfere with or cause a disruption to the other's
business, operations and property or those of other third parties entering or crossing the
Easement. 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. Upon completion of any construction project that is part of the
Pipeline System and upon completion of any record survey, Grantee shall provide a copy
to Grantor of the record survey showing the location of the Easement and Pipeline
System and all other installed assets on the Grantor's lands.
3. If Grantee should abandon the Pipeline System, then this Easement and
the rights herein granted shall automatically terminate and revert to, and become property
of, Grantor, its successors and assigns. Grantee may abandon the Pipeline System solely
by a formal resolution of its governing body that authorizes the abandonment of the
Pipeline System and that further resolves that Lake Alan Henry is no longer necessary as
part of Grantees water supply. 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. Grantee shall at all times during the Easement Term, at Grantee's sole cost
and expense, keep the Pipeline System in a safe and properly maintained condition.
Grantee shall promptly make all necessary or appropriate repairs, replacements and
renewals of the Pipeline System, and keep and maintain the Pipeline System in good
order, condition, and repair (ordinary wear and tear excepted), and in such condition as
may be required by applicable Legal Requirements. Grantee shall keep the Easement in
good order, condition and repair following any work related to Permitted Uses on the
Pipeline System.
Wolf -- Pipeline Easement Agreement 2
6. 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. Grantee will provide Grantor with a copy of Grantee's
environmental permit(s), if applicable, and notify Grantor of any proposed changes to
said permit(s).
7. Within the Easement, Grantee shall have the right to cut fences and install
gates to enable Permitted Uses for the Pipeline System. Before a fence is cut by Grantee,
it shall be properly supported on either side of the contemplated opening by suitable posts
and braces.
8. The Pipeline System shall be so located or shall be buried at a sufficient
depth so it does not interfere with current cultivation of the soil at the soil levels as they
exist at time of execution of this Easement. Following completion of construction, the
surface area shall be returned to its preconstruction condition as nearly as practicable. If
any of the property shall be grassland, Grantee shall apply grass seed with a native mix
from seed that is available and that is the same as existing native grass or comparable to
the native grass in the disturbed area.
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. However, the right reserved by Grantor as to the perpetual Easement
shall not include the right to erect any buildings, reservoirs, structures, or other
improvements on the perpetual Easement without the advance written permission of
Grantee.
10. Grantor, his successors, assigns, or agricultural lessees or tenants, if any,
are to be compensated, as set out herein under Paragraph 16, for all damages to the lands
and personal property located thereon, including but not limited to fences, crops,
livestock, drainage and/or irrigation systems, as a result or related to the Grantee's use or
occupation of the lands pursuant to the rights granted by this Easement, including but not
limited to construction, future operation and maintenance of the Pipeline System.
Payment of these damages and for the value of this Easement by Grantee, subject to the
terms of this Paragraph 10, will be in an amount agreed to by Grantor and Grantee and
shall be a one-time payment as set forth in Paragraph 16, for any and all of such damages,
whether occurring or accruing at or after the time of construction of the pipeline system.
11. Grantee shall exercise due care and diligence in the use of the rights and
privileges herein granted to it. In case of abandonment of said Easement as provided in
Paragraph 3, 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.
Wolf -- Pipeline Easement Agreement 3
12. The grant of Easement herein contained is subject to all valid and
subsisting easements, leases including oil, gas and wind energy leases, and rights-of-way
of record affecting the Lands.
13. It is a condition precedent to the payment to the Grantor of the sum named
herein that the title to the Lands described herein shall be vested in the Grantor, subject
only to the interest of Grantee hereunder and to the matters set out in Paragraph 12 hereof
and to such other defects, interests, or encumbrances as may be waived in writing by
Grantee. Grantor shall provide to Grantee an executed release from any lien holder,
tenant, lessee, or other party having an interest in the Easement prior to payment of the
compensation called for in Paragraph 16 hereof.
14. 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 Grantee. Grantor
agrees to cooperate and aid Grantee, if necessary, to obtain any curative documents
needed.
15. If Grantee, in its sole discretion, determines that the Easement conveyed to
Grantee and described herein should be acquired by judicial procedure, either to procure
a safe title or for any other reason, then Grantor and Grantee hereby stipulate that the
ultimate award to the Grantor for the Easement conveyed to Grantee and described
herein, shall be the same as the purchase price hereinafter stated in Paragraph 16, but
should the Grantor own a lesser interest than that Easement conveyed to Grantee and
described herein, such award shall not exceed that portion of the purchase price stated in
Paragraph 16 which the value of such lesser easement conveyed to Grantee bears to the
value of the entire Easement described herein.
16. As complete consideration for the above grant of easement and for all the
rights and privileges granted to the Grantee in this agreement, Grantee agrees to pay
Grantor the one time sum of Twenty -Two Thousand Two Hundred Eighty -Eight and
47/100ths Dollars ($22,288.47).
17. "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.
18. 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.
19. A. To the extent permitted by law, Grantee hereby assumes all liability
for, and agrees to indemnify, defend and hold Grantor harmless from all claims,
Wolf -- Pipeline Easement Agreement 4
demands, fines, damages, liabilities, losses, costs, expenses (including without limitation
reasonable attorneys' fees and court costs), that may be suffered or incurred by Grantor,
on account of injuries to or death of any persons, or damage to or destruction of any
property, occurring on the Easement after the effective date of this agreement to the
extent caused by Grantee's or its employees, contractors, or agents negligence or willful
misconduct.
B. When any losses, claims, demands, or causes of action of the types
described in Section A of this paragraph are the result of joint or concurrent negligence or
willful misconduct of Grantee or their respective employees, contractors or agents, each
party's duty of indemnification will be in proportion to its allocable share of such joint
liability to the extent permitted by law, as determined by a court of competent
jurisdiction.
C. A dispute related to claims for damages accruing under the terms
hereof shall not be cause for the termination of the easement and/or any rights granted
hereunder, and Grantor shall be solely limited to the remedy of actual money damages for
such claims, subject to those limitations contained in Paragraph 26 hereunder.
20. Grantee agrees to the extent permitted by law to release, indemnify,
defend, and hold Grantor harmless from and against all claims, losses, damages, costs
(including legal costs), expenses and liabilities of whatsoever nature arising from
pollution or contamination emanating from the Pipeline System and equipment of
Grantee arising from or relating to the performance of this agreement (the "Grantee
pollution liabilities"). For the avoidance of doubt, "Grantee pollution liabilities" shall
exclude any such pollution liabilities arising from any condition existing before the
effective date of the Easement. Grantor agrees to release, indemnify, defend, and hold
Grantee harmless from and against all claims, losses, damages, costs (including legal
costs), expenses and liabilities of whatsoever nature arising from (I) pollution emanating
from the property and equipment of Grantor, (II) any condition existing before the
effective date of the Easement, (III) pollution or contamination migrating or having
migrated on, under, or to the Easement from any other location, and (IV) the possession,
occupation or use of the remaining portions of the Grantor's adjacent property.
21. 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.
22. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
23. 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.
Wolf -- Pipeline Easement Agreement 5
24. 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.
25. 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.
26. Limitation on certain types of damages. 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 indemnity under Paragraphs 19 and 20, above, 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.
27. Grantee agrees not to interfere with Grantor's rights to cultivate, use and
enjoy the lands for any purpose, except as limited herein, provided that any such
operation or use by Grantor, or Grantor's heirs, successors or assigns, shall not interfere
with or endanger the operations or integrity of Grantee's Pipeline System and Permitted
Uses. Additionally, the Grantor will not construct any facilities or perform any activities
in or around the Easement and Lands that may violate federal and state regulations
regarding the protection of drinking water supplies and facilities that convey such water.
Grantor and Grantee agree and hereby give notice to any subsequent mineral, water, wind
or energy lessee or grantee of any interest overlying or underlying the Lands owned by
Grantor and the Easement, that Grantee will be operating the Pipeline System as a
Permitted Uses as defined herein, and that no drilling, mining or other operation shall be
conducted on or in the vicinity of the Easement and Lands which would interfere with or
endanger the operations or integrity of the Pipeline System and Permitted Uses. Further,
no structure shall be placed on the Easement, which would interfere with or endanger the
operations or integrity of the Pipeline System and Permitted Uses.
A. To the extent that Grantor owns any portion of the mineral and/or royalty
interest 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
Wolf -- Pipeline Easement Agreement 6
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.
28. Grantee shall have the right to approve the location and means of future
third -party pipelines which will cross Grantee's pipeline system. Grantee will not
withhold reasonable crossing requests, but will act in a manner to protect Grantee's
pipeline system.
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 ]
Wolf -- Pipeline Easement Agreement 7
EXECUTED this day of , 2010 ("Effective Date")
GRANTOR:
Lidwina Wolf, a w> ow
GRANTEE:
The City of Lubbock
By: —W
Name: 1(1 �l'1 %�(,�Y` n
Title: Y'
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
M rs I,Reed, P.E.,
Chief Operations Officer
APPROVED AS TO FORM:
Wolf-- Pipeline Easement Agreement 8
STATE OF TEXAS
COUNTY OF LLJBBOCK
This instrument was acknowledged before me on 2010, by Lidwina
Wolf.
NMCY FLOYD
Jerry Pubs, date of Texas
W C«� Expires 0l-24204
Not ubli , tate of e x a s
STATE OF TEXAS §
COUNTY OF LUBBOCK §
inted Name of Notary
y commission expires:
This instrument was acknowledged before me on USf .4 , 2010, by TOM
MARTIN on behalf of the City of Lubbock, a Texas Home Rfrfe Corporation on behalf of said
Texas Home Rule Corporation.
ELISA SANCHEZ
Notary Public, State of Texas
My commission Expires 11.07.2011
Notary Public, State of S
t Z
Printed Name of Notary
My commission expires:
Exhibits: "A" - Centerline Metes and Bounds Description of Pipeline System
"B" _ Survey Plat(s) of Centerline of Pipeline System
"C" - Pipeline Right -Of -Way Safety Guidelines
"D" - Gate Construction Detail and Specifications
Wolf -- Pipeline Easement Agreement 9
Exhibit A
Metes and Bounds Description of the Perpetual Exclusive Easement and
The Temporary Easement
PARCEL NO. 66
ART & LIDWINA WOLF
EXHIBIT"A"
Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being
located in the East half of the Northwest Quarter of Section 28, Block 24, Lubbock County, Texas and
said pipeline centerline being described as follows:
Beginning at a 1/2" iron rod with cap, set in the East line of said Northwest Quarter of said Section 28,
Block 24, for the beginning of this description, from whence a 5/8" rod found for the Northeast corner
of the Northwest Quarter of said Section 28, Block 24, bears North 1038152" East, a distance of
2167.58 feet, said point of beginning having a project coordinate of Y = 7213210.50 and X
991594.35;
Thence North 38027'58" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline
easement, a distance of 2051.80 feet to a 1/2" iron rod with cap, set in the West line of said East Half
of said Northwest Quarter of said Section 28, Block 24, for the end of this description, whence a 5/8"
rod found for the Northeast comer of the Northwest Quarter of said Section 28, Block 24, bears North
1037'30" East, a distance of 5.92.00 feet and South 88037'51" East, a distance of 1322.2 feet.
Containing 124.35 rods. (2.83 acres)
The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot
(60') wide temporary construction easement being parallel and adjacent to said permanent pipeline
easement, located and shown on the accompanying survey plat and said temporary construction
easement contains 2.83 acres of land. The said temporary construction easement shall expire as noted
In the easement agreement.
Notes:
1. A survey plat of even survey date herewith accompanies this legal description.
2. Surveyed on the ground March -May, 2009.
3. Bearings shown are grid bearings based on the Texas State Plane Coordinate System, Texas North
Central Zone, Nad83 Datum.
4. All distance shown are surface distances.
5. Surface adjustment factor for entire project is 1.0002396
�P••o�`s F9•e-h
Registered fessional Land Surveyor C'2,
......0000000.000.....••
GARY D. WILSON
—� ..r%'6 o4o..o/y.3yo9�aes. oo.••
Date • 9ti?:;�ss;�`=•'i
♦ °suave .�
HIGH-TECH LAND AND GM6URVEYORS, INC.
3330 70th St., Suite 202 • Lubbock, Texas 79413
(806) 788-0020 • Fax (806) 792-1646
Exhibit B
Survey Plat(s) of Centerline and Description of that portion of the Pipeline System
Requiring the Easement and Temporary Easement
EXHIBIT 'B '
SEGf 1 ON 129) 01.OGK 24
*- Set �I/p" Rod With Cap
A legal description of even survey date herewith
accompanies this survey plat. .�F.
Sury yed on the h -May, 2009
Registere rofessional Land Surveyor ••�+��'O°
Date:
All Northings and Eastings shown are protect coordinote-
and may be converted to Texas State Plane Coordinates,
North Central Zone, NAD83 by dividing by a surface SI
adjustment factor of 1.0002396
All distances shown ore surface distances. ClDI
Bearings shown are grid bearings based on the Texas SI
State Plane Coordinate System, North Central Zone, FI
NAD83 Datum.
This survey and all information hereon is for the exclusive use of
CITY OF LUBBOCK
and sholl not be copied or used except for the purpose for which
it is expressly furnished. this drawing and all copies (partial or
complete) shollbe returned to the owner upon demand.
m
N
W ® E
S
-E:1'- 600' I REVISION= I PLAT DATE: 5-7-09
NT: PARKHILL SMITH & COOPER - CITY OF LUBBOCK
INN BY: B. BURROW I SURVEY DATE: 3-5 2009
VEYED BY: J.M. MARTIN CHECKED BY: G. WILSON
PAR66.dgn FILE NO. 35,760 1 SHEET 1 OF 2
W3-31"30
Itt" ING 11 GPS S�tV 10M.K. 701h ST.. SUITE 202 - LUBBOCK, 7X. 79413
IB061 786.0020 • FAX IBM) 792-1646
S 880 37'51" E 1322.2'
FD.%" Roo
g
66
0
l 4 5 ods - fjermanent Esmt.
(2.83 Ac. - Permanent EsmtJ
Art & Lldwlna Wolf
Vol. 563 Pg. 367
N
of
\ .
o
60' Permanent
Easement
Ida Bednarz %2
w
Rodney Bednarz 3/6
O\
��
-
DavJd Bednarz 3/6
M
s�\
`!l
0
C.W. KohlJch
0/eta Bednarz � a
�
`\\\�
�
mac\ M
Vol.975 Pg.443
Vol. 831 Pg. 317
Vol. 6831 Pg. 341
o
z
60' Temporary. -ice`
Const. Esmt. o `�
2.83 Ac.
°
z
Ic
N .
W • I / 4 \���
SEGt I ON
26) 01.OGK 24 \`
I.0000GK
GOUN-fY) -TEXAS
13.0.6.
Y-7213210.50
X-991594.35
----
--
-------
S 880 34'31" E 1321.2'
*- Set �I/p" Rod With Cap
A legal description of even survey date herewith
accompanies this survey plat. .�F.
Sury yed on the h -May, 2009
Registere rofessional Land Surveyor ••�+��'O°
Date:
All Northings and Eastings shown are protect coordinote-
and may be converted to Texas State Plane Coordinates,
North Central Zone, NAD83 by dividing by a surface SI
adjustment factor of 1.0002396
All distances shown ore surface distances. ClDI
Bearings shown are grid bearings based on the Texas SI
State Plane Coordinate System, North Central Zone, FI
NAD83 Datum.
This survey and all information hereon is for the exclusive use of
CITY OF LUBBOCK
and sholl not be copied or used except for the purpose for which
it is expressly furnished. this drawing and all copies (partial or
complete) shollbe returned to the owner upon demand.
m
N
W ® E
S
-E:1'- 600' I REVISION= I PLAT DATE: 5-7-09
NT: PARKHILL SMITH & COOPER - CITY OF LUBBOCK
INN BY: B. BURROW I SURVEY DATE: 3-5 2009
VEYED BY: J.M. MARTIN CHECKED BY: G. WILSON
PAR66.dgn FILE NO. 35,760 1 SHEET 1 OF 2
W3-31"30
Itt" ING 11 GPS S�tV 10M.K. 701h ST.. SUITE 202 - LUBBOCK, 7X. 79413
IB061 786.0020 • FAX IBM) 792-1646
Exhibit C
PIPELINE EASEMENT SAFETY GUIDELINES
So long as the Easement is in effect, Grantee personnel shall comply with the following
safety and security regulations for the pipeline Easement (the "Easement"), as well as applicable
laws and regulations:
1. Except during construction, operation, inspection, or maintenance of the Easement,
Driving on the Easement is limited to use of currently established roadways, if any.
2. Permission on the Easement does not preclude the need to make a one -call to notify third -
party pipeline owners of planned work.
3. Smoking outside vehicles within the Easement or lands or premises is prohibited.
4. No firearms, drugs, alcohol or cameras are permitted in the Easement.
6. Pedestrians and non -motorized traffic has right-of-way over motorized traffic
7. The maximum speed limit is twenty (20) miles per hour; however, much slower speeds
are necessary in congested areas.
8. Use horn for safety at blind corners and when passing.
9. Use established hand signals or turn indicators
10 Observe all signs including pipeline markers.
11. Come to complete stop on entering or leaving the Easement gates.
12. All persons entering the Easement must be fully clothed.
13. Grantee and personnel of Grantee are granted the right to temporarily use Grantor's
property directly located outside of the Easement for such reasons as:
a) avoidance of machinery, construction or equipment located on the Easement; and
b) detouring around natural impediments such as rocks, trees or existing fences or
structures; and
C) repair, removal or maintenance of equipment or vehicles stranded on the
Easement.
14. No debris or trash shall be discarded on the Easement.
Exhibit D
Gate Construction Detail and Specifications
n
OOm
O O� � m
M
-1 r fn •�- n A 'O I
bNA m? I I Dmrn
D sA 42- -ml
a = m
N I
C1 Z 61 i I = hi
Z n .N 1
m �� w
M �yQ-0 m w o -_ - o
Dw�i I ro P- 0
a
m
-M .- .
zO r+e -
N 47) - -
- N MAX.
>Z 4
11 r0 p O
D mo
p r. C N r s - m
o�
m
Pm > - -
o$O1 m •%F -
N CR
.4-40. S rm C I c
crnm -
$"
N II---FFTTII I -
I
F c
�D
+� X• 3" MAX.
TO FIY EXIST.
r- •?
I
I FENCE HEIGHT
z
4'-6" MIN.
rn
rn �
�s
n
,O,
�
M-
H
p
�•N
N
T m
~
r
D
M
m
A
0
7 V
Z
v
4 N
Ot
In
Nw
A
T
m
B
m
,4 A
m
4i
rn
a
n A
n
N
M N
Q
3
x
v
®
m
®
v
N
C_j
w
w
D
Ioc
�a
:Ij mm p spm, w p
>>o00
ZZ �W>'i OZ 92,- TT mF =D N
r;*I TO 82 a1�rAtn� r_p� v
zo�vr N in Nm �� �SC y om
�2mf �D mw$glMmm
ou �^$� .tin QM a
7D csZ r R100 vZir4i m2 vii mm
*i
R'a �F AwzRo" D
c
A20 j ~
�-4
OMAp m myy-4 Zo C2 O mD
LUx OZZND CDi �v y F
Rin �O �vm,a -4r M �
Dgw -I2 2>=m< 8 �� d
D roll
ANN Gj?� KC OM
Z �v m O
849 A. ;IDm.�AW v D� n N
OBD OC 0fn-nm m r -i* v C)
2 avmZm r ;qClD n
PMT N "' t7 x+0'1 C
-a•1 m Z --1 m 4p*
p n •Rig Y G r,
wM 0V m2!Ellm v m M
z gooA z r� O