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HomeMy WebLinkAboutResolution - 2010-R0429 - Easement For Property Owned By Eugene Sokora And Dorothy Sokora - 09/16/2010V Resolution No. 2010-RO429 September 16, 2010 Item No. 5.9 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Easement in connection with certain properties in Lubbock County, Texas, owned by Eugene Sokora and Dorothy Sokora, and all related documents. Said Easement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on September 16, 2010 TOM MARTIN, MAYOR ATTEST: Rebec ariarza, City Secretary APPROVED AS TO CONTENT: / ) -'? 4, 4, t'2 , 4a - & CA C/' Marsha Reed, P.E., Chief Operation Officer Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: ity Attorney Res -Easement -Eugene SoKora 9.1.10 Contract: 9730 Resolution No. 2010-RO429 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § Eugene Sokora and wife, Dorothy Sokora, hereinafter referred to as "Grantor", whose mailing address is 10306 County Road 2840, Lubbock, Texas 79404 for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13'' 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" 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 -oft) 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 through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall be as described in Exhibit A 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. 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. 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. It is acknowledged by Grantor and Grantee that this Easement shall not be dependent on the Lake Alan Henry Pipeline Project and shall not be dependent upon Grantee receiving water through the Pipeline System from Lake Alan Henry. The Easement granted herein shall be for the transportation of 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, timber, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall, at Grantee's option, be either burned on site, buried, or removed by Grantee from Grantor's property and disposed of properly. If such debris is burned on site, the Grantee shall have constant watch over burn piles with adequate fire fighting equipment on site. Grantee further agrees that neither Grantee nor its assigns, employees, contractors, agents nor representatives shall burn any trees, timber, wood, bushes, shrubs or brush cleared from the Easement on Grantor's property during burn bans as legally designated by County Officials. 6. 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 Pipeline Easement Agreement 2 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. 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. 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). 8. During construction of the Pipeline System, Grantee shall provide reasonable access to Grantor's property. All fences, drainage systems, irrigation systems or other improvements damaged or disturbed shall be repaired or replaced by Grantee with professional care and according to standard industry practices. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. Nothing contained herein shall designate or limit the dates in connection with the Permitted Uses for the Pipeline System. 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 of Grantor's property shall be restored to its previous condition as nearly as practicable by Grantee. 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, driveways, drainage systems, and/or irrigation systems, if any, 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. This shall include any damages to Grantor as a result of the interruption of any business of Grantor which interruption may be caused by the action of Grantee on the Lands. 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. Pipeline Easement Agreement 3 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 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. 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 16 hereof. 14. Grantee shall procure and have recorded without cost to Grantor 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 or Grantor 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, including but not limited to, any damages identified in Paragraph 10 above, Grantee agrees to pay Grantor the one time sum of Five Thousand Four Hundred Six Dollars and 05/100 ($5,406.05). 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. Pipeline Easement Agreement 4 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, 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 TERNIINATION OF THE EASEMENT AND/OR ANY RIGHTS GRANTED HEREUNDER, AND GRANTOR SHALL BE SOLELY LEVIITED TO THE REMEDY OF ACTUAL MONEY DAMAGES FOR SUCH CLAIMS, SUBJECT TO THOSE LIMITATIONS CONTAINED IN PARAGRAPH 26 HEREUNDER. D. IT IS THE EXPRESS AGREEMENT OF THE PARTIES HEREIN, GRANTOR AND GRANTEE, THAT NOTHING IN PARAGRAPH 19.A. -D., PARAGRAPH 20, OR IN THE EASEMENT AGREEMENT SHALL BE CONSTRUED AS A WAIVER OF ANY DEFENSES WHATSOEVER THAT GRANTEE (THE CITY OF LUBBOCK) MAY HAVE UNDER ANY LAW, INCLUDING BUT NOT LIMITED TO ANY DEFENSES OR LIMITATIONS CONTAINED IN THE TEXAS TORT CLAIMS ACT OR ITS SUCCESSOR PROVISIONS. IT IS FURTHER AGREED BY GRANTOR AND GRANTEE THAT GRANTEE RESERVES ALL DEFENSES AND LMTATIONS TO WHICH IT IS ENTITLED UNDER ANY AND ALL APPLICABLE LAWS. Pipeline Easement Agreement 5 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, (IT) 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 REMAD41NG 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. 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. Pipeline Easement Agreement 6 26. Neither party shall be liable to the other party or any of such parry'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 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. 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. Pipeline Easement Agreement 7 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 8 EXECUTED this 23N�day of 2010 ("Effective Date"). GRANTOR: Eugen okora �_" Dorothy Sokora GRANTEE: The City of Lubbock By: Name: TOM MARTIN Title: Mayor [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: r�l dt A,4,4a ZZa=d Marsha Reed, P.E. Chief Operations Officer APPROVED AS TO FORM: Pipeline Easement Agreement 9 ATTEST: + eb ca Garza, City Sec STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on 2010, by Eugene Sokora and wife, Dorothy Sokora, JON W. LAMBERSON No Public, State of Texas Notary Public, State of Texas •;�, �� My Commission Expires 3o h1 w L./1,,A, e,—!; n J August 30, 2013 Printed Name of Notary My commission expires: M 13 STATE OF Tj S § COUNTY OF LUBBOCK § This instrument was acknowledged before me on Sg*ft6er 2010, by U,PPY PV ELISA SANCHEZ r Notary Public, State of Texas My Comms ExPlres 11.07.2011 a, Exhibits: "A" Eli &-x, SaAND� Notary Public, State of e— SGS Sa jchei Printed Name of Notary My commission expires: 11 —U 7`00 1 Survey and Legal Description of the Perpetual Exclusive Easement Pipeline Easement Agreement 10 Exhibit A Resolution No. 2010—RO429 Legal Description of the Perpetual Exclusive Easement -= Lake Alan Henry Treated Water Line Easement Parcel No.1001 PERIDMETER SURVEY OF A 3.344 ACRE TRACT LOCATED W SECTION 65, BLOCK S LUBBOCK COUNTY, TEXAS > Dish=* 1 N0100727"E 2646.05' 2 Sgr5233"E 55.00' 3 SOl°07'27"W 2647.22' 4 87'3943"W 55-01' Bearings are relative W the Texas Coord'mate System of 1983, CORS %, Epoch 2002.0 Surveyed on the ground. December 11, 2009 6''RabRtAc�riafop>>ar Registered Prod Laud Surveyor No. 5167 Licensed State Land Surveyor State of Texas NOTES - HEAVY LINES INDICATE PIAT LMM A- FOUND RAILROAD SPIKE • - SET "MAG" NAIL WITH SHJNM A- SET IR" IRON ROD WITH CAP A legal description of even smvey date herewith dies this plat off survey. Sheet 1 of 21 FEM AND TATE leochdM Ino. fordo wh oee ofTNe Cb uimdiwedmdeeeit'R - I aaLereca Exhibit A - Legal Description of the Perpetual Exclusive Easement -- - - - - Lake Alan Henry Treated Water Line Easement Parcel No. 1001 PERaffiTER SURVEY OF A 3.344 ACRE TRACT LOCATED IN SECTION 65, BLOCK S LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 3.344 acre tract of land located in the Northeast Quarter of Section 65, Block s S, Lubbock County, Texas, being further described as follows: +N BEGINNING at a raihvad spike found at the Southwest comer of said Section 65, same being the Southwest corner of this tW4 THENCE N. 01 °0727" E., along the East line of said Section 65, a distance of 2646.05 feet to a 12" iron rod with cap set for the Northwest comer of the Southwest Quarter of said Section 65 and the Northwest corner of this tract; THENCE S. 88'52'33" E., along the North line of the Southwest Quarter of said Section 65, a distance of 55.00 feet to a V2" iron rod with cap set for the Northeast comer of this tract; 4 THENCE S. 01*0727" W. a distance of 2647.22 feet to a 1/2" iron rod with cap set in the South line of said Section 65 for the Southeast comer of this tract; THENCE N. 8703943" W., along the South line of said Section 65, a distance of 55.00 feet to the Point of Beginning Bearings are relative to the Texas Coordinate System of 1983, CORS 96, Epoch 2002.0 A plat of survey of even survey date herewith accompanies this legal description. Surveyed on the ground May 14, 2009 WWAV Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Sheet 2 of 2 R8 AND ASSOCIATES; fvGFf®dnWcd=r nbdkdWi"diem 0 eboaoobMM RETURN: WEST T XAS ITLE COMPANY .< . FILE NO. " ,, �. File and Return to Contract: 9730 �bbocI ,Resolution No. 2010-R0429 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § Eugene Sokora and wife, Dorothy Sokora, hereinafter referred to as "Grantor", whose mailing address is 10306 County Road 2840, Lubbock, Texas 79404 for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13a' 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" 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 through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall be as described in Exhibit A 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. 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 W V) N W U) CE zi CS C3 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. 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. It is acknowledged by Grantor and Grantee that this Easement shall not be dependent on the Lake Alan Henry Pipeline Project and shall not be dependent upon Grantee receiving water through the Pipeline System from Lake Alan Henry. The Easement granted herein shall be for the transportation of 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, timber, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall, at Grantee's option, be either burned on site, buried, or removed by Grantee from Grantor's property and disposed of properly. If such debris is burned on site, the Grantee shall have constant watch over burn piles with adequate fire fighting equipment on site. Grantee further agrees that neither Grantee nor its assigns, employees, contractors, agents nor representatives shall burn any trees, timber, wood, bushes, shrubs or brush cleared from the Easement on Grantor's property during burn bans as legally designated by County Officials. 6. 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 Pipeline Easement Agreement 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. 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. 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). 8. During construction of the Pipeline System, Grantee shall provide reasonable access to Grantor's property. All fences, drainage systems, irrigation systems or other improvements damaged or disturbed shall be repaired or replaced by Grantee with professional care and according to standard industry practices. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. Nothing contained herein shall designate or limit the dates in connection with the Permitted Uses for the Pipeline System. 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 of Grantor's property shall be restored to its previous condition as nearly as practicable by Grantee. 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, driveways, drainage systems, and/or irrigation systems, if any, 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. This shall include any damages to Grantor as a result of the interruption of any business of Grantor which interruption may be caused by the action of Grantee on the Lands. 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. Pipeline Easement Agreement 3 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 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. 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 16 hereof. 14. Grantee shall procure and have recorded without cost to Grantor 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 or Grantor 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, including but not limited to, any damages identified in Paragraph 10 above, Grantee agrees to pay Grantor the one time sum of Five Thousand Four Hundred Six Dollars and 05/100 ($5,406.05). 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. Pipeline Easement Agreement 4 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, 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. D. IT IS THE EXPRESS AGREEMENT OF THE PARTIES HEREIN, GRANTOR AND GRANTEE, THAT NOTHING IN PARAGRAPH 19.A. -D., PARAGRAPH 20, OR IN THE EASEMENT AGREEMENT SHALL BE CONSTRUED AS A WAIVER OF ANY DEFENSES WHATSOEVER THAT GRANTEE (THE CITY OF LUBBOCK) MAY HAVE UNDER ANY LAW, INCLUDING BUT NOT LMTED TO ANY DEFENSES OR LIMITATIONS CONTAINED IN THE TEXAS TORT CLAIMS ACT OR ITS SUCCESSOR PROVISIONS. IT IS FURTHER AGREED BY GRANTOR AND GRANTEE THAT GRANTEE RESERVES ALL DEFENSES AND LIMITATIONS TO WHICH IT IS ENTITLED UNDER ANY AND ALL APPLICABLE LAWS. Pipeline Easement Agreement 5 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. 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. Pipeline Easement Agreement 6 26. Neither party shall be liable to the other parry 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 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. 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. Pipeline Easement Agreement 7 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 8 GThis instrument is being re-recorded in order to add a corrected Exhibit "A" to the easement. Said instrument, in all other respects, is hereby ratified and confirmed. 10 EXECUTED this .,9 3a day of Q:,�� , 2010 ("Effective Date''). GRANTOR: J Eugen okora Al, Dorothy Sokora GRANTEE: The City of Lubbock By:�'��'fr�r Name: TOM MARTIN Title: Mavor [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: ATTEST: ,[ Rebec�u Garza, City Secr ar Marsha Reed, P.E. Chief Operations Officer ADDDnXTCT AQ T!1UnDAd. Pipeline Easement Agreement 9 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on 2010, by Eugene Sokora and wife, Dorothy Sokora, 61 "`IIS""' JON W. LAMBERSON °�' `�"= Notary Public, State of Texas 4NotPublic' State of Texas . My Commission Expires0-0,� August 30, 2013 Lp,,Ati v t`1 ��IINI/II Printed Name of Notary My commission expires: , 3 o 101-3 STATE OF Q S § COUNTY OF LUBBOCK § This instrument was acknowledged before me on &�&y 6tr ((a 2010, by Mayor, on behalf of the City of Lubbock, Texas, a Texas Home Rule Corporation, on behalf of said Texas Home Rule Corporation " PL, �r ELISA SANCHEZ Notary Public, State of Texas My Comm Wires 11-07.2011 o, Exhibits: "A" bu� N Public State of %Sa- � C/'1 e,? - Printed 2Printed Name of Notary My commission expires: 11-0-7-2b�� Survey and Legal Description of the Perpetual Exclusive Easement Pipeline Easement Agreement 10 Exhibit A Beatings are relative to the Teras Courdivate System of 1983, OURS 96, Epoch 2002.0 Surveyed on the ground. December 11, 2009 RobatA. C Wiatophar Regi Profes6and Land Surveyor No. 5167 Licensed State Lad Surveyor State of Tctes NOTES: HLAW LINES INDICATE PLAT LHWM A- FOUND RAILROAD SPIKE •- SET wMAG" NAIL ATM SIMM ®- SSP llr IRON ROD WITH CAP A legal description of even mavey die herewith accompanies this plat of survey. sr(W# fw%e,ok use or7Hb oa me -a- i* I Laeoa. Lake Alan Henry Treated Water Line Easement Parcel No. 1001 PERIMETER SURVEY OF A 3.344 ACRE TRACT LOCATED IN SECTI®N 65, BLOCK S LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 3.344 acre tract of land located in the Southwest Quarter of Section 65, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a railroad spike found at the Southwest comer of said Section 65, same being the Southwest comer of this tract; THENCE N. 0100727" E., along the West line of said Section 65, a distance of 2646.05 feet to a 1/2" iron rod with cap set for the Northwest corner of the Southwest Quarter of said Section 65 and the Northwest corner of this tract; THENCE S. 8805233" E., along the North line of the Southwest Quarter of said Section 65, a distance of 55.00 feet to a 1/2" iron rod with cap set for the Northeast comer of this tract; THENCE S. 01°07'27" W. a distance of 2647.22 feet to a 1/2" iron rod with cap set in the South line of said Section 65 for the Southeast corner of this tract; THENCE N. 87039'43" W., along the South line of said Section 65, a distance of 55.00 feet to the Point of Beginning. Bearings are relative to the Texas Coordinate System of 1983, CORS 96, Epoch 2002.0 Surveyed on the ground. May 14, 2009 Revised August 26, 2010 to correct call in description (Sheet 2 of 2 ONLY). Robert A. stophe Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Signed for identification: Eugene okora Dorothy Sokor Sheet 2 of 2 AND ASSOCIATES, INC. LAPC SURVEYORS CNIL � MAVENUE LUBBOCK TEXAS 79401 PHONE + a6N763-5642 FAX t 806) 783-3891 Copyright 2009, Hugo Reed and Associates, Inc, for the sole use of Title Co. for GF N and any other identifiers as indicated in the certificate shown hereon, STATE OF TEXAS § COUNTY OF LUBBOCK § File and Return to I Contract: 9730 Dave Booher R.O.W. Resolution No. 2010-RO429 City of Lubbock EASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT: Eugene Sokora and wife, Dorothy Sokora, hereinafter referred to as "Grantor", whose mailing address is 10306 County Road 2840, Lubbock, Texas 79404 for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13`h Street, Lubbock, Texas 79401, the receipt and sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto Grantee the following described perpetual exclusive easement, servitude and right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon, across and within the following described 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 through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall be as described in Exhibit A 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. 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. 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. It is acknowledged by Grantor and Grantee that this Easement shall not be dependent on the Lake Alan Henry Pipeline Project and shall not be dependent upon Grantee receiving water through the Pipeline System from Lake Alan Henry. The Easement granted herein shall be for the transportation of 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, timber, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall, at Grantee's option, be either burned on site, buried, or removed by Grantee from Grantor's property and disposed of properly. If such debris is burned on site, the Grantee shall have constant watch over burn piles with adequate fire fighting equipment on site. Grantee further agrees that neither Grantee nor its assigns, employees, contractors, agents nor representatives shall burn any trees, timber, wood, bushes, shrubs or brush cleared from the Easement on Grantor's property during burn bans as legally designated by County Officials. 6. 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 Pipeline Easement Agreement 2 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. 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. 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). S. During construction of the Pipeline System, Grantee shall provide reasonable access to Grantor's property. All fences, drainage systems, irrigation systems or other improvements damaged or disturbed shall be repaired or replaced by Grantee with professional care and according to standard industry practices. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. Nothing contained herein shall designate or limit the dates in connection with the Permitted Uses for the Pipeline System. 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 of Grantor's property shall be restored to its previous condition as nearly as practicable by Grantee. 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, driveways, drainage systems, and/or irrigation systems, if any, 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. This shall include any damages to Grantor as a result of the interruption of any business of Grantor which interruption may be caused by the action of Grantee on the Lands. 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. Pipeline Easement Agreement 3 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 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. 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 16 hereof. 14. Grantee shall procure and have recorded without cost to Grantor 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 or Grantor 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, including but not limited to, any damages identified in Paragraph 10 above, Grantee agrees to pay Grantor the one time sum of Five Thousand Four Hundred Six Dollars and 05/100 ($5,406.05). 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. Pipeline Easement Agreement 4 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, 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 LI IITATIONS CONTAINED IN PARAGRAPH 26 HEREUNDER. D. IT IS THE EXPRESS AGREEMENT OF THE PARTIES HEREIN, GRANTOR AND GRANTEE, THAT NOTHING IN PARAGRAPH 19.A. -D., PARAGRAPH 20, OR IN THE EASEMENT AGREEMENT SHALL BE CONSTRUED AS A WAIVER OF ANY DEFENSES WHATSOEVER THAT GRANTEE (THE CITY OF LUBBOCK) MAY HAVE UNDER ANY LAW, INCLUDING BUT NOT LIlVIITED TO ANY DEFENSES OR LIMITATIONS CONTAINED IN THE TEXAS TORT CLAIMS ACT OR ITS SUCCESSOR PROVISIONS. IT IS FURTHER AGREED BY GRANTOR AND GRANTEE THAT GRANTEE RESERVES ALL DEFENSES AND LIMITATIONS TO WHICH IT IS ENTITLED UNDER ANY AND ALL APPLICABLE LAWS. Pipetine Easement Agreement 5 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 CONTAM NATION 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. 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. Pipeline Easement Agreement 6 26. 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 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. 28. Grantee shall have the right to approve the location and means of future third -parry 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. Pipeline Easement Agreement 7 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 EXECUTED this �23a day of 2010 ("Effective Date"). GRANTOR: - w Eugen okora I Uri I a. t - - 0. IM -W. � —"- borothy Sokora/ GRAN EE: The City of Lubbock Name: TOM MARTIN Title: Mayor [Acknowledgements of the Parties on Next Pagel,:-' -,,j — —0100;10DOC, .ft � APPROVED AS TO CONTENT: Marsha Reed, P.E. Chief Operations Officer APPROVED AS TO FORM: Pipeline Easement Agreement o pp '3 � O ATTEST:. Rebicr Garza, Ci �9jecr ar 9J STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on 2010, by Eugene Sokora and wife, Dorothy Sokora, .�:i►►�;'• JON W. LAMBERSON ` Notary Public, State of Texas '. My Commission Expires Not PubIIC, State of Texas ;�;f• • t+rtiJ L o o August 30, 2013 D Pct�vt.VJ Printed Name of Notary My commission expires: 3 o 10 13 STATE OF ��( a. S § § COUNTY OF LUBBOCK § This instrument was acknowledged before me on , 2010, by :TI= Mar-yi 4\ , " PU ELISA SANCHEZ may Plc, State of Texas My C ffMs n Expires 11.07.2011 a Exhibits: "A" &VV-fV,- N(W Public State of %Sw. dart Chet Printed Name of Notary My commission expires: 11-0-7-20(( Survey and Legal Description of the Perpetual Exclusive Easement Pipeline Easement Agreement 10 Exhibit A Legal Description of the Perpetual Exclusive Easement Lake Alan HcwY Treated Water Line Ea=No t Parcel No.1001 pERIlIC= SURVEY OF A 3344 ACRE TRACT LOCATED IN SCAM: ,,, SECTION 652 BLOCK S LU13BOCK COUNTY, TEXAS Hwa t 1 mjWr n 2646.(w 2 s8iZMMOB 55-00' 3 SOl°07'2T'W 2647.22' 4 9'43"W 55-01' Hez&W are rehttive 10 the Teses Coetdiaate System of 1983, CORS 96, Epoch 2002.0 Surveyed on the Woum& December 11, 2009 F A. Re;iiaWW hef s fund Lmd Surveyor No. 5167 Locand State ]sod Surveyor Stale of Tow NOTES: HEAvY LINES mMCATE PLAT I.IIaUM A- FOUND RAH ROAD MOM O- SET "MA(F NAIL WITH SHNMR ®- SST 1fr IRON ROD WnH CAP A ]Md. of em survey date heteanth aaaompaaics this plat of survey. Sheet 1 Md Exhibit A • Legal Description of the Perpetual Exclusive Easement Late Alan henry Treated water Line FAsemeat Parcel No. 1001 PERIl dH= SURVEY OF A 3.344 ACRE 'TRACT LOCATED IN SECTION 65, BLOCK S LUBBOCK COUNTY, TEXAS 1 gWMS AND BOUNDS DESCRIPTION of a 3.344 acre tract of land located in the Northeast Quarter of Section 65, Block S, Lubbock County, Texas, being furtha described as follows: BEGINNING at a railroad spike found at the Southwest corner of said Section 65, same being the Southwest corner of this tract; THgWM N 01-077r K, along the East line of said Section 65, a distance of 2646.05 feet to a M" iron rod with cap set for the Northwest coma of the Southwest Quarter of said Section 65 and the Northwest comer of this tract; THENCE S. 88'5233" E., along the North line of the Southwest Quarter of said Section 65, a distance of 55.00 feet to a 1R" ircn rod with cap set for the Northeast comer of this tract; THENCE S. 01°0727" W. a distance of 2647.22 fed to a 1/2" iron rod with cap set in the South line of said Section 65 for the Southeast coma of this tract; THENCE N. 8703943" W., along the South lige of said Section 65, a distance of 55.00 fed to the Point of Beginning. Bearings are relative to the Texas Coordinate System of 1983, CORS %, Epoch 2002.0 A plat of survey of even survey date herewith accompanies this legal desmPtIa L Surveyed on the ground. May 14, 2009 ,,/' Robert A Chrrstoplra ,(f� Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor Slate of Teras Sheet 2 of 2