HomeMy WebLinkAboutResolution - 2010-R0500 - Property Easement - Johnny Dale Denzer - 10/14/2010Resolution No. 2010-RO500
October 14, 2010
Item No. 5.13
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 located in Lynn County, Texas, owned by Johnny Dale Denzer, 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 October 14, 2010
TOM MARTIN, MAYOR
ATTEST:
cca
APPROVED AS TO CONTENT:
maj,"g-11i .
Marsha Reed, P.E., Chief Operation Officer
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Res -Easement -Johnny Dale Denzer 10 5 10
Contract: 9798
Resolution No. 2010-RO500
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LYNN §
JOHNNY DALE DENZER, as his sole and separate property, whose address is 8218 E.
Highway 84, Slaton, 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 an easement,
servitude and right-of-way through, over, under, upon, and across the land described in Exhibit
"A" (hereinafter called the "Land" ) situated in Lynn County, Texas.
Pipelines and Equipment
Grantor hereby grants to Grantee the Easement to survey, construct, reconstruct, install,
upgrade, operate, inspect, maintain, alter, relocate, replace, repair, and remove within the
boundary of the herein described Easement (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
(hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of
untreated potable water through, under, upon, over, and the Land. Such Easement shall be 60
feet wide, as described in Exhibit `B" as attached hereto (herein referred to as the "Easement" or
Easement Land"). Further, a temporary construction easement is hereby granted parallel and
adjacent to the Easement which shall be an additional 60 feet, as shown on the survey plat
attached hereto as part of Exhibit `B". The temporary Easement shall terminate upon
completion of all construction activities on the herein described Land.
Terms and Conditions
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; and (c) the right to locate the Pipeline System
through, over, under, upon, across and within the Easement for the purpose of untreated
potable water transportation. Grantee shall use the Easement for the Permitted Uses and
Pipeline System and for no other purposes or uses.
Johnny Dale Denzer -- Pipeline Easement Agreement 1
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2. Grantee covenants and agrees that its use of the Easement and its
operations conducted thereon shall, to the best of Grantee's ability, at all times comply
with all applicable local, state and federal laws, orders, rules, regulations, standards,
licensing, permitting and other legal requirements including, without limitation, all
environmental laws, orders, rules, regulations, standards, licensing and permitting (the
"Legal Requirements"). Grantee agrees to construct the Pipeline System, in compliance
with all Legal Requirements, and with due care for Grantor's agricultural activities on the
Land and Grantor's adjacent property.
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. Abandonment shall be irrebuttably presumed
upon the adoption of a formal resolution of Grantee's governing body that authorizes the
abandonment of the Pipeline System.
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 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.
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. Fences and gates installed by Grantee shall meet the specifications described
in, and be installed as specified in, Exhibit "C" attached hereto and made a part hereof.
8. The Pipeline System shall be so located or shall be buried at a depth of at
least sixty (60) inches below the surface of the ground. All ditches dug for such purposes
shall be double cut with subsurface soil first returned into the ditch over the pipeline and
then top soil replaced above the base soil. Any rocks brought to the surface shall be
placed back in the ditch below forty (40) inches from the surface of the ground or
removed from the Land. Grantee shall compact the soils in the pipeline ditch sufficiently
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to prevent sinking and settling, restore the contour of the Land to its original condition as
nearly as possible.
9. This grant of Easement shall not preclude the right of Grantor to fully use
and enjoy the Land, except as may be necessary for Grantee's purposes herein provided,
however, (A) no buildings, structures or reservoirs may be constructed upon the
Easement, (B) improvements (other than drip irrigation lines and overhead irrigation
equipment) may not parallel the Pipeline within the Easement Land, (C) all power lines,
metallic pipelines, and telecommunication lines hereafter installed by Grantor must cross
the Easement at no less than a 45° (forty-five degree) angle, (D) all underground power
lines and any metallic pipelines (excluding irrigation water lines and water distribution
lines used to service Grantor's property) hereafter installed by Grantor must have a
minimum separation of two feet (2') from the water pipeline and shall be installed and
constructed in accordance with generally accepted engineering practices, and (E) fences
constructed by Grantor that cross the Easement must have gates installed so that Grantee
may have access to and along the Easement at all times.
10. In case of abandonment of said Easement, as provided in Paragraph No. 3
above, the title and interest herein granted shall end, cease, and terminate, and title to the
Easement shall revert to the then owner of the Land.
11. The grant of Easement herein contained is subject to all valid and
subsisting easements, leases including oil, gas and mineral leases and wind energy leases,
and rights-of-way of record affecting the Land.
12. 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 reasonably cooperate and aid Grantee, if necessary, to obtain
any curative documents needed.
13. 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 granted to Grantee and described herein,
shall be the same as the consideration hereinafter stated in Paragraph No. 14.
14. As consideration for the grant of this Easement, Grantee agrees to pay
Grantor a sum equal to Eighty-five Dollars ($85.00) per rod multiplied by the number of
rods, and/or fractions thereof, for the length of the Easement crossing the Land. It is
agreed that should Grantor own an interest in the Easement Land that is less than the
entire fee simple estate, then the consideration to be paid shall be reduced
proportionately.
15. Upon completion of construction, Grantee shall (i) remove all rock,
gravel, caliche, or other materials foreign to the natural condition of the Land that may be
brought to the surface or placed on the Land by Grantee; (ii) level and fill with top soil all
Johnny Dale Denzer -- Pipeline Easement Agreement 3
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holes, ruts, or other surface disturbances in such a manner as to restore same to the
natural contour of the surrounding property; (iii) clean the area to the end that all objects,
materials, and structures foreign to the natural condition of the Land are removed and
eliminated; (iv) in the event any of surface disturbance on grassland, Grantee shall plant a
seed mix of grass and forties in the area of such disturbance and re-establish grass cover;
and (v) otherwise restore the surface of any portion of the Land that may be disturbed by
Grantee's activities to its original condition as nearly as reasonably possible.
16. After completion of construction, and except in cases of emergency,
maintenance or repair, on cultivated land, vehicular ingress, egress and regress shall be
permitted in, but limited to, the use of then -existing roadways and turn rows Grantor has
on his property.
17. Grantee, at its sole cost and expense, shall repair or replace in good and
workmanlike manner any underground lines or other improvements of any kind that it
may damage during construction, maintenance, or removal of its pipelines.
18. Grantee agrees that, except as may be reflected in Exhibit "D" attached
hereto, no above ground equipment and/or facilities related to the Pipeline System shall
be installed, constructed, or otherwise located on cultivated ground located within the
Easement. Grantee further agrees any future installation, construction, and location of
such equipment and/or facilities shall be limited to the boundary lines of the Land or
along turn -rows existing as of the date hereof.
19. Grantee shall not permit any of its employees, contractors, subcontractors,
agents, or other third parties acting on behalf of Grantee who may enter upon the Land
under the authority of this grant to (i) bring upon the Land any alcoholic beverage or
illegal drugs, or (ii) to hunt on any portion of the Land or to take or carry any firearms
thereon for any purpose whatsoever. Grantor, or Grantor's representatives, shall have the
right to deny access or to expel from the Premises anyone carrying any such prohibited
substances or any form of firearm.
20. "Grantee" when used in this instrument, shall include The City of
Lubbock's officers, agents, servants, employees, representatives, contractors,
independent contractors, subcontractors, invitees, and/or their equipment or vehicles.
21. 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.
22. 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.
23. TO THE FULLEST EXTENT PERMITTED BY LAW, GRANTEE
HEREBY RELEASES AND AGREES TO HOLD HARMLESS AND DEFEND
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GRANTOR FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
CAUSES OF ACTION, SUITS, LOSSES, DAMAGES (INCLUDING PUNITIVE
DAMAGES), COSTS, FINES, PENALTIES, AND EXPENSES OF ANY NATURE
WHATSOEVER (INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES, COSTS, AND EXPENSES INCURRED IN
INVESTIGATING AND DEFENDING AGAINST THE ASSERTION OF
LIABILITY, AS SUCH FEES, COSTS, AND EXPENSES ARE INCURRED)
WHICH MAY BE SUSTAINED, SUFFERED, OR INCURRED BY GRANTOR,
ARISING FROM GRANTEE'S ACTIVITIES OR OPERATIONS UPON THE
HEREIN DESCRIBED LAND, TO THE EXTENT CAUSED BY GRANTEE.
SUCH OBLIGATION TO HOLD HARMLESS AND DEFEND SHALL,
WITHOUT LIMITATION, COVER BODILY INJURY, DEATH, DAMAGE TO
PROPERTY OR NATURAL RESOURCES, AND COMPLIANCE WITH ANY
GOVERNMENTAL RULE, REGULATION, ORDER, DIRECTIVE, OR
DEMAND REGARDING THE TESTING FOR, MONITORING, CLEAN UP,
REMEDIATION, OR REMOVAL OF ANY CONTAMINANTS, POLLUTANTS,
HAZARDOUS MATERIALS, OR OTHER TOXIC SUBSTANCES. NOTHING IN
THIS PARAGRAPH 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. GRANTEE RESERVES ALL DEFENSES AND LIMITATIONS
TO WHICH IT IS ENTITLED UNDER ANY AND ALL APPLICABLE LAWS.
24. It is understood and agreed that this Easement is not a conveyance of the
fee estate for any of the Land covered hereunder, but is only an easement through, over,
under, upon, and across the herein described Land.
25. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
26. 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.
27. 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 provisions hereof, and
this Easement shall be construed as if such invalid, illegal or unenforceable provisions
had never been contained herein.
28. 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
Johnny Dale Denzer -- Pipeline Easement Agreement 5
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five (5) days after the date of mailing or the date of actual delivery as shown by the
addressee's certification or registry receipt.
29. Grantor will not construct any facilities or perform any activities within
the Easement that may violate federal and state regulations regarding the protection of
drinking water supplies and facilities that convey such water. However, this restriction
shall not preclude Grantor, or its successors and assigns, from applying on and/or around
the Easement Land such fertilizers, herbicides, pesticides, or other chemicals approved by
the United States Environmental Protection Agency. Grantor and Grantee hereby give
notice to any subsequent mineral, water, wind or energy lessee or grantee of any interest
overlying or underlying the Easement, that Grantee will be operating the Pipeline System
within the Easement boundary in accordance with the Permitted Uses as defined herein.
To the extent that Grantor owns any mineral and/or royalty interest in and under the
Easement, Grantor waives and surrenders its rights to use the surface of the Easement for
the exploration and development of the mineral estate and/or the construction of surface
facilities related to the development of wind energy generation or production.
30. 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.
EXECUTED this 30th day of September, 2010 ("Effective Date")
[ Signatures of the Parties on Next Page ]
Johnny Dale Denzer -- Pipeline Easement Agreement 6
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GRANTOR:
"'�" �)j
JOHNNY ALE DENZER
GRANTEE:
THE CITY OF LUBBOCK
By:
TOM MARTIN, Mayor
ATTEST:
7rS
Rebecca Garza, City Secre
APPROVED AS TO CONTENT:
Nf arsha Reed
Chief Operations Officer
APPROVED AS TO FORM:
Terr Gran
lm
Attorney
Johnny Dale Denzer -- Pipeline Easement Agreement
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{Acknowledgements}
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the day of September, 2010, by
JOHNNY DALE DENZER.
Notary's Seal, Printed Name,
and Expiration of Commission:
�tpRt pU�. CHARLOTTE CUMMINGS
Notary Public, State of Texas
}� My Commission Expires 04-19.2013
STATE OF TEXAS
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the
2010, by TOM MARTIN, Mayor of THE CITY OF LUBBOCK.
Notary's Seal, Printed Name,
and Expiration of Commission:
�UW n� , c ELISA SANCHEZ
:Notary public, State of TexasCommission Expires 11.07.2011
Johnny Dale Denzer -- Pipeline Easement Agreement
DocID 148559 v.1
day of OrAbe r ,
b�a—1
Notary Public, State of Texas
9
Exhibits: A - Description of Grantor Property
B - Metes and Bounds Description and Survey Plat of Pipeline System
C - Gate Construction Detail and Specifications
D - Drawing of Above Ground Improvements
Johnny Dale Denzer -- Pipeline Easement Agreement
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Resolution No. 2010—RO500
Exhibit "A"
Description of Grantor Property
A 185.66 acre tract of land out of Section 4, Block O, D&W RR. Co. Survey,
Lynn County, Texas, being more particularly described in that certain Warranty
Deed dated June 30, 2006, from Greg Christlieb to Johnny Dale Denzer, recorded
in Volume 370, Page 219, Deed Records of Lynn County, Texas
Johnny Dale Denzer -- Pipeline Easement Agreement 10
DocID 148559 v.I
Resolution No. 2010-RO500
Exhibit `B"
Metes and Bounds Description of Easement
and Survey Plat
PARCEL W. 94
30HNN f DALE PUMR
Field NOW destrfbing the centeii(tle O451AY- (607 w1d8 petmo ptl ne easement being.
lobated In Sedton 4, Jgodc O, D. & W. R.R. Survey, Lynn County, Texas and said pipeprt0 aent3ertine
being deW9W as fdWrAn
Beginning at a W iron nod *fth cap, set in the East line of said Section 4. Block O, for the beginning
of this desa•h)tion, from whence a 1' iron pipe Mond for the Northeast corner of said Section 4, Block
O, bears North •1°39 5' e33st„ a distance or 2921.53 %Bet, said point of beginning having a progett
coordinate of Y = 7201575.76 and X =1006338.62;
TherWe North 55°08'13' West, along the centerline or said Sixty -Foot (607 wide permanent pipeline
easement; a distance of 3349.25 feet to the beginning of a curve to the td4
Thence along the ardent. e toan a c ieft a"d being distance 347.15 fet to a he tnfor the end of'this O Of said SKY-FOOt (rve,said e
permanent ptpeiine
curve having a radius of 3850.00 feet and delta angle of 5°09'99';
Thence North 60°18'11' West, along the eenterOne Of sald yet (607 wide permanent pipeline
easement, a distance of 340.62 Beet to the beginning of a cu.rvetO the right;
Thence alopg the arc of a curve to the right and being along the eeWmfine of said SbdW-Foot (M
wide perrnanect plpelMe easeneent, an arc distance of 138.04 feet to a point for the end of this curve,
said curve having a radios of 575.00 fed and delta 0091e of 13*4518';
e111lerice north asement, distance ofC2�40 few to fire the centerline
cr a arve�>~the(601 tett; wide permanent pipeline
Thence along the arc of a curve to the tett and being along the eenberfine of said %4 -Foot (607
wide permanent pipeline easernenk, an arc distance of 86.19 feet f>o the a point for the end of this
curve, said curve having a radius of 575.00 feet and delta angle of 8035'18';
Thence North 55°08.'11" West, along the omftrone of *said Sbdy-F00t (607 wide permanent pipeline
easerrmerm>~ a dbtanee of 140.91 feet to a W rod with cap set in the East Right of 1Nay line of the
South Plains I.arrmega Rallmad Right of Way tine for the end of this description, whenoe a i' iron pipe
found for tf325.00 feet and South 88°3639' East. distance of 1128 00 feet �8' a distance of
Contatrdng IMM rods. (3.64 acres)
k
bQGA-TEW LM AND GFS•SOMORS.INC
13307M St. SUW 202.1ae6bod41ll= 744113
.No 789.00N • PU (NO M1646
Johnny Dale Denzer -- Pipeline Easement Agreement 1
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wle pesementrms rtt pipeline eased is also subde'dto a sbdy foot
The above described sbtty foot On being parallel and adjacent to saidmpecmanent��OPO"
(a0e wide locatecl � b'djonham on the a000mpanYNg SunreY plat acid o e asementdWI exPIM as noteon d
tstains 3.58 awes of land. Mm said temporary oons'trudion
in the easemenl: agreement.
1� A survei► plat of even survey date hereeWlth a000mpanlw this legal description..
2. SurveYed on the 9rCund j�ardl-Meyba 2� on the Texas Std Plane Door rTmate System. Texas North
3. Bearings shown are grid WIMP
IMP
Central Zone, Nad83 0OW% m surr" __
4. All distance 5�� �� for entire p%ject is.1.0002396
S. Surface adjust .
WOW. �er�------
HIGH-TBCHLM AND GPSO MOM Are
(S "8s�� (8
Johnny Dale Denzer -- Pipeline Easement Agreement 12
DocID 148559 v. l
2 3 8.36'39" ! 531 .6' FD' r PK 3 b
FD.h" ROD
FD. 1-1/2- PIPET
20'0/S EAST °'V:-ROD
5
` 54
va= Pg. ar
M1 '
b-
N AlPhm ALbnzer (Dwi yb3 V
Yfldred P. D&Ver 7 60 Pormpngnf
Val. 44 P0. 25J Ea°°JOfd s1
'
6
P) 5 � 186. 5 AG.
a
^l FO.�/ " v n
o.Y, Roo ��� _ m N
0!!�pD� v v>
N a.%r" ROD .•y,j..ESTpf �\ !t -
JIM
JIM AG. 7 W
C1 &n
P.O.S. M
42. y72p 78 .�
N SEGf ION 4) OLOGK 0 z N
06 :' pq-'0. W. R. R. G0. StJIZVEY Je4s
N _.Y LYNN GOUNtY, f6XAS W E
I 5
I2 FO.V,- Roo N 88-29-39" W 5291.1'
2
•- Set l/z" Rod With Cap 5
A legal description of even survey date herewith
accompanies this survey plot.
'C NT
Surve ed on the gr rc May, 20 ATA
1 N95' •1 "W14 '
OF 3 - 34
Reistered P olessionall-ond Sury m ao.6
9 1� d1 4 R- 57 . ' L- 4 L M 13146"0"
Dote_ osaoee .w...•..•1 N 46' 2' 4" W 2 0.40'
6A- 575.00'L- 86.19'A- 8.35
u.GAReMoimWKw.SON.. 7 N 55' 0811•' W 140.81'
AIINorlhings and Eostings shown or •-
and may be converted to Texas Stites,
North Central Zone, NAD83 by div
idin hyRaSi, a E-1 ' - 1000' REVISION PLAT DATE- 5-4-09
adjustment factor of 1.0002396
All dstonces shown are surface distances. CLIENT: PARKHILL SMITH & COOPER - CITY OF LUBBOCK
DRAWN BY: B. BURROW SURVEY DATE 3-5 2009
Bearings shown are grid bearings based on the Texas SURVEYED 8Yr J.M. MARTIN CHECKED Y: C. WILSON
Slate Plane Coordinate System, North Centrol Zone, FIL PAR54.d n FELE NO. 35.760 1 SHEET 1 OF 3
NAD83 Datum.
This survey and ollinlormalion hereon is for the exclusive use of �IEwM' Lin % WS wow -
CITY OF LUBBOCK
and exAnol be copied or used except for the purpose for which 7]70 711 V.SM Tat • LO1110M.Tfe7"U
it is expressly furnished. this hawing and allcopies (portiolor MR 7p•W7:0 - rA% IMM-1Ns
complele) shollbe returned to the owner upon dernond
Johnny Dale Denzer -- Pipeline Easement Agreement 13
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Resolution No. 2010-RO500
Exhibit "C"
Gate Construction Detail and Specifications
Johnny Dale Denzer -- Pipeline Easement Agreement 14
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Resolution No. 2010-RO500
Exhibit "D"
Drawing of Above Ground Improvements
Johnny Dale Denzer -- Pipeline Easement Agreement 15
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".5 q
!!!Return: West Texas Title, 8001 Quaker Avenue, Suite E, Lubbock, Texas 79424
Contract: 9798
201 -90� 0
Resolution No. 2010-R0500
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LYNN §
JOHNNY DALE DENZER, as his sole and separate property, whose address is 8218 E.
Highway 84, Slaton, 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 an easement,
servitude and right-of-way through, over, under, upon, and across the land described in Exhibit
"A" (hereinafter called the "Land" ) situated in Lynn County, Texas.
Pipelines and Equipment
Grantor hereby grants to Grantee the Easement to survey, construct, reconstruct, install,
upgrade, operate, inspect, maintain, alter, relocate, replace, repair, and remove within the
boundary of the herein described Easement (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
(hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of
untreated potable water through, under, upon, over, and the Land. Such Easement shall be 60
feet wide, as described in Exhibit "B" as attached hereto (herein referred to as the "Easement" or
Easement Land"). Further, a temporary construction easement is hereby granted parallel and
adjacent to the Easement which shall be an additional 60 feet, as shown on the survey plat
attached hereto as part of Exhibit "B". The temporary Easement shall terminate upon
completion of all construction activities on the herein described Land.
Terms and Conditions
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; and (c) the right to locate the Pipeline System
through, over, under, upon, across and within the Easement for the purpose of untreated
potable water transportation. Grantee shall use the Easement for the Permitted Uses and
Pipeline System and for no other purposes or uses.
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2. Grantee covenants and agrees that its use of the Easement and its
operations conducted thereon shall, to the best of Grantee's ability, at all times comply
with all applicable local, state and federal laws, orders, rules, regulations, standards,
licensing, permitting and other legal requirements including, without limitation, all
environmental laws, orders, rules, regulations, standards, licensing and permitting (the
"Legal Requirements"). Grantee agrees to construct the Pipeline System, in compliance
with all Legal Requirements, and with due care for Grantor's agricultural activities on the
Land and Grantor's adjacent property.
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. Abandonment shall be irrebuttably presumed
upon the adoption of a formal resolution of Grantee's governing body that authorizes the
abandonment of the Pipeline System.
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 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.
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. Fences and gates installed by Grantee shall meet the specifications described
in, and be installed as specified in, Exhibit "C" attached hereto and made a part hereof.
8. The Pipeline System shall be so located or shall be buried at a depth of at
least sixty (60) inches below the surface of the ground. All ditches dug for such purposes
shall be double cut with subsurface soil first returned into the ditch over the pipeline and
then top soil replaced above the base soil. Any rocks brought to the surface shall be
placed back in the ditch below forty (40) inches from the surface of the ground or
removed from the Land. Grantee shall compact the soils in the pipeline ditch sufficiently
Johnny Dale Denzer -- Pipeline Easement Agreement 2
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to prevent sinking and settling, restore the contour of the Land to its original condition as
nearly as possible.
9. This grant of Easement shall not preclude the right of Grantor to fully use
and enjoy the Land, except as may be necessary for Grantee's purposes herein provided,
however, (A) no buildings, structures or reservoirs may be constructed upon the
Easement, (B) improvements (other than drip irrigation lines and overhead irrigation
equipment) may not parallel the Pipeline within the Easement Land, (C) all power lines,
metallic pipelines, and telecommunication lines hereafter installed by Grantor must cross
the Easement at no less than a 45° (forty-five degree) angle, (D) all underground power
lines and any metallic pipelines (excluding irrigation water lines and water distribution
lines used to service Grantor's property) hereafter installed by Grantor must have a
minimum separation of two feet (2') from the water pipeline and shall be installed and
constructed in accordance with generally accepted engineering practices, and (E) fences
constructed by Grantor that cross the Easement must have gates installed so that Grantee
may have access to and along the Easement at all times.
10. In case of abandonment of said Easement, as provided in Paragraph No. 3
above, the title and interest herein granted shall end, cease, and terminate, and title to the
Easement shall revert to the then owner of the Land.
11. The grant of Easement herein contained is subject to all valid and
subsisting easements, leases including oil, gas and mineral leases and wind energy leases,
and rights-of-way of record affecting the Land.
12. 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 reasonably cooperate and aid Grantee, if necessary, to obtain
any curative documents needed.
13. 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 granted to Grantee and described herein,
shall be the same as the consideration hereinafter stated in Paragraph No. 14.
14. As consideration for the grant of this Easement, Grantee agrees to pay
Grantor a sum equal to Eighty-five Dollars ($85.00) per rod multiplied by the number of
rods, and/or fractions thereof, for the length of the Easement crossing the Land. It is
agreed that should Grantor own an interest in the Easement Land that is less than the
entire fee simple estate, then the consideration to be paid shall be reduced
proportionately.
15. Upon completion of construction, Grantee shall (i) remove all rock,
gravel, caliche, or other materials foreign to the natural condition of the Land that may be
brought to the surface or placed on the Land by Grantee; (ii) level and fill with top soil all
Johnny Dale Denzer -- Pipeline Easement Agreement 3
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holes, ruts, or other surface disturbances in such a manner as to restore same to the
natural contour of the surrounding property; (iii) clean the area to the end that all objects,
materials, and structures foreign to the natural condition of the Land are removed and
eliminated; (iv) in the event any of surface disturbance on grassland, Grantee shall plant a
seed mix of grass and forbes in the area of such disturbance and re-establish grass cover;
and (v) otherwise restore the surface of any portion of the Land that may be disturbed by
Grantee's activities to its original condition as nearly as reasonably possible.
16. After completion of construction, and except in cases of emergency,
maintenance or repair, on cultivated land, vehicular ingress, egress and regress shall be
permitted in, but limited to, the use of then -existing roadways and turn rows Grantor has
on his property.
17. Grantee, at its sole cost and expense, shall repair or replace in good and
workmanlike manner any underground lines or other improvements of any kind that it
may damage during construction, maintenance, or removal of its pipelines.
18. Grantee agrees that, except as may be reflected in Exhibit "D" attached
hereto, no above ground equipment and/or facilities related to the Pipeline System shall
be installed, constructed, or otherwise located on cultivated ground located within the
Easement. Grantee further agrees any future installation, construction, and location of
such equipment and/or facilities shall be limited to the boundary lines of the Land or
along turn -rows existing as of the date hereof.
19. Grantee shall not permit any of its employees, contractors, subcontractors,
agents, or other third parties acting on behalf of Grantee who may enter upon the Land o.
under the authority of this grant to (i) bring upon the Land any alcoholic beverage or r�
illegal drugs, or (ii) to hunt on any portion of the Land or to take or carry any firearms C�
thereon for any purpose whatsoever. Grantor, or Grantor's representatives, shall have the
right to deny access or to expel from the Premises anyone carrying any such prohibited
substances or any form of firearm.
t�
20. "Grantee" when used in this instrument, shall include The City of
Lubbock's officers, agents, servants, employees, representatives, contractors,
independent contractors, subcontractors, invitees, and/or their equipment or vehicles.
21. 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.
22. 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.
23. TO THE FULLEST EXTENT PERMITTED BY LAW, GRANTEE
HEREBY RELEASES AND AGREES TO HOLD HARMLESS AND DEFEND
Johnny Dale Denzer -- Pipeline Easement Agreement 4
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GRANTOR FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
CAUSES OF ACTION, SUITS, LOSSES, DAMAGES (INCLUDING PUNITIVE
DAMAGES), COSTS, FINES, PENALTIES, AND EXPENSES OF ANY NATURE
WHATSOEVER (INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES, COSTS, AND EXPENSES INCURRED IN
INVESTIGATING AND DEFENDING AGAINST THE ASSERTION OF
LIABILITY, AS SUCH FEES, COSTS, AND EXPENSES ARE INCURRED)
WHICH MAY BE SUSTAINED, SUFFERED, OR INCURRED BY GRANTOR,
ARISING FROM GRANTEE'S ACTIVITIES OR OPERATIONS UPON THE
HEREIN DESCRIBED LAND, TO THE EXTENT CAUSED BY GRANTEE.
SUCH OBLIGATION TO HOLD HARMLESS AND DEFEND SHALL,
WITHOUT LIMITATION, COVER BODILY INJURY, DEATH, DAMAGE TO
PROPERTY OR NATURAL RESOURCES, AND COMPLIANCE WITH ANY
GOVERNMENTAL RULE, REGULATION, ORDER, DIRECTIVE, OR
DEMAND REGARDING THE TESTING FOR, MONITORING, CLEAN UP,
REMEDIATION, OR REMOVAL OF ANY CONTAMINANTS, POLLUTANTS,
HAZARDOUS MATERIALS, OR OTHER TOXIC SUBSTANCES. NOTHING IN
THIS PARAGRAPH 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. GRANTEE RESERVES ALL DEFENSES AND LIMITATIONS
TO WHICH IT IS ENTITLED UNDER ANY AND ALL APPLICABLE LAWS.
24. It is understood and agreed that this Easement is not a conveyance of the
fee estate for any of the Land covered hereunder, but is only an easement through, over,
under, upon, and across the herein described Land.
25. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
26. 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.
27. 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 provisions hereof, and
this Easement shall be construed as if such invalid, illegal or unenforceable provisions
had never been contained herein.
28. 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
Johnny Dale Denzer -- Pipeline Easement Agreement 5
DocID 148559 v.l
five (5) days after the date of mailing or the date of actual delivery as shown by th_
addressee's certification or registry receipt.
29. Grantor will not construct any facilities or perform any activities within
the Easement that may violate federal and state regulations regarding the protection of
drinking water supplies and facilities that convey such water. However, this restriction
shall not preclude Grantor, or its successors and assigns, from applying on and/or around
the Easement Land such fertilizers, herbicides, pesticides, or other chemicals approved by
the United States Environmental Protection Agency. Grantor and Grantee hereby give
notice to any subsequent mineral, water, wind or energy lessee or grantee of any interest
overlying or underlying the Easement, that Grantee will be operating the Pipeline System
within the Easement boundary in accordance with the Permitted Uses as defined herein.
To the extent that Grantor owns any mineral and/or royalty interest in and under the
Easement, Grantor waives and surrenders its rights to use the surface of the Easement for
the exploration and development of the mineral estate and/or the construction of surface
facilities related to the development of wind energy generation or production.
30. 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.
EXECUTED this 301h day of September, 2010 ("Effective Date").
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[ Signatures of the Parties on Next Page ]
Johnny Dale Denzer -- Pipeline Easement Agreement b
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GRANTOR:
HNNY DAL DENZER
GRANTEE:
THE CITY OF LUBBOCK
BY ,-
TOM MARTIN, Mayor
ATTEST:
�� • kyrW-0125411A
Rebecca Garza, City Selc-rieiffl
APPROVED AS TO CONTENT:
Marsha Reed
Chief Operations Officer
APPROVED AS TO FORM:
Johnny Dale Denzer -- Pipeline Easement Agreement
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C
Exhibits: A - Description of Grantor Property
B - Metes and Bounds Description and Survey Plat of Pipeline System
C - Gate Construction Detail and Specifications
D - Drawing of Above Ground Improvements
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Johnny Dale Denzer -- Pipeline Easement Agreement
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{Acknowledgements}
STATE OF TEXAS
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the S day of September, 2010, by
JOHNNY DALE DENZER.
Notary's Seal, Printed Name,
and Expiration of Commission:
CIiARLOTTE CU iMINGS
Notary Public, State 01 Texas
M,,, Cnmtntss,on E; pins 041920'
STATE OF TEXAS
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the J
2010, by TOM MARTIN, Mayor of THE CITY OF LUBBOCK, a
on behalf of said Texas Home Rule Corporation.
Notary's Seal, Printed Name,
and Expiration of Commission:
Ec"
ELISA SANCHEZ
Notary Public, State of Texas
My Comnssion Expires 1107.2011
Johnny Dale Denzer -- Pipeline Easement Agreement
DocID 148559 v -I
C
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day of e r ,
Texas Home Rule corporation,
Notary Public, State of Texas
4�7—
Exhibit "A"
Description of Grantor Property
A 185.66 acre tract of land out of Section 4, Block O, D&W RR. Co. Survey,
Lynn County, Texas, being more particularly described in that certain Warranty
Deed dated June 30, 2006, from Greg Christlieb to Johnny Dale Denzer, recorded
in Volume 370, Page 219, Deed Records of Lynn County, Texas
Johnny Dale Denzer -- Pipeline Easement Agreement 10
DocID 148559 v.I
Exhibit "B"
Metes and Bounds Description of Easement
and Survey Plat
,ts'1 RNNY DA�.B DOMP-
FleldNotes deSUibing the cent ns gf,a SI Y -food (60 wtda peimaind49l4ine easeme .Wing.
Survey, Lynn Cou
lobated In Secda► 4, Bfodk O; D. & W. R.R, lrty, Texas and salt, pipetitid oentlerrtfne
being deswilied 8.9 i10110 ss
Begtn»Tn9 at a ffs' iron rod with cap, set in the East Iirte of sold Section 4, Ok O, for the beginning
of this de9aiption, from whence 81" Iron pipe found for the Northeast eom4r of sold Section 4, Block
0, bears North •1°38'55' Ernst, a distance of 2421.53 fieet, said point of beginning having a prOdct
coordinate of Y = 720152S.76 and X -1006338.62;
eTtwmm asemer� distance of,West� Wong the 1349.25 feet to the beiginning of a ne or said wrtve bo the lefty �gnettt pipeline
Thence along the arc of a Curve to the lett and being along the centerline of said SW -Foot (607 wide
permanent pipeline easement, an arc distance of 347.15 feet to a point for the end of this Curve, sold
curve having a radius of 3850.00 feet and delta angle of 5°09'99';
01
easement, distance 84062 along
to the begthe inning or a cu6f sWd r"to the 60114 g permanent pipeline
Thence along the arc of a Curve to awn right
d being 13s � to
poIfbr f saW � of thiFOOt s curve,
wide penmaneQt pipeline easement;
said curve having a radius of 575.00 Beet and dela angle of-13g47'r''
Thmce No di
stance �s West, along the few to the nterlibeginMg of a curve to left; wide permanent pipeline
easwwt, a
Thence along the arc of a curve bo the lett and being along the centerline of said Sbdy-Foot (607
wide permanent pipeline easement; an arc distance Of 86.19 feet to the a point for the end of this
curve, said curve having a radius of 575.00 Beet and delta angle of 8°35'18';
Thence North 5P08.'il" West, along the oenterOne of •said Sbdy-Foot (607 wide permanent pipeline
W rod with cap set in the East Right of Way One of the
easement. a distance of 140.91 f ieet to a this description, whww 8
South Plains 1.811 Railroad Right of Way Una for the 4ars Notch X2'18" East, a distance
Round for the Northeast �r Rf sold Sermon 4, Block O, b
1825.00 Beet Cued South 88°36'39" BIS4 a distance of 1128.00 fleet:.
Co "Id" 160A9 rods. (3.64 aces)
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grGfl-TEW LOD AM GFS', i'HOL% 1NG
1330 70tis st.. su b m • LvVw ci Taw 79419
;gob) 766- W • Fu (8i792,16*
Johnny Dale Denzer -- Pipeline Easement Agreement i
DocID 148559 v.I
plpolne eat is also subject t o a sixty foot
The atxnre desai toot (ti" wide p�� onstructlon easement beingparallel and adjacent to said per corgent pipeline
easement, temporary aand sh0Wn on the aim �SOW ra�����anot shall oas noted
went wntalns 3.58 Sores of land.
to the easement agreement.
Motes: of even survey date herewith a000mpan� this legal descrIPtW-.
IL. A survey lot
2. SSurmyed on the ground Mardi- , Texas State Plane Coordinate System, Texas Horth
3. Bearings shown are grid l�dnp based
on theCentral Zone, Ned83 Datu"I
5. urFace dld�la ustment fO proti.Ct ls•1.0002386
X
HIGH.TBCBLAM AND GP�S�YBYORS� 1NG
3330 �
�0� ��pmxst 74413
Johnny Dale Denzer -- Pipeline Easement Agreement 12
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213
' PIPE
EAST
M&M Albnzer (DecJ
Mildred P.0&ver
Vol. 44 Pg. 253
, Z.
.1 Ikt
60 Pleremnenf
FD. ," PIPE
b
i%v=- Roa 5
166.5 AG.
FD.Va. ROD .1
Ld 60' T�pr
D.V:" Roo :'v LbrW.Esm1�
Nti 358 At~
a°A ti
SEG f I ON 4) OLOGK 0
,per' p. 4 W. K. K. G0. SURVEY a�
N LYNN GOUNtY,tEXA5
e
I •�
2 FO.'rz" ROD N 88' 29'09" W 5291.1-
0- Set 1/2" Rod With Cap
A legal description of even survey date herewith
accompanies this survey plot.
Surveyed on the aromnt-►A rc May. 204
Register edVo fessionol Land Sur 4 'lWe 4
DOlei o.r au..we.•i••.
GARY R•.• 7
AIINorthings and Eastings shown or •• ••
and may be converted to Texas S M tees,
North Central Zone.NAD03 by dividincj Uy'oSgtAif r SI
adjustment factor of 1.0002396 �''
CL
Alldstances shown are surface distances. D1
Bearings shown are grid bearings based on the Texas St
State Plane Coordinate System, North Central Zone, Fp
NA083 Datum.
TMs survey and o0information hereon is for the exclusive use of
CITY OF LUBBOCK
and siwsnol be copied or used except for the purpose far which
it is expressly lurmshed. this hawing and alcopies (parbolor
complete) &Wbe returned to the owner upon demand.
Johnny Dale Denzer -- Pipeline Easement Agreement
DocID 148559 v.I
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2 5
'%�W'ECH too 11 WS SRMMVL
I= 70@ ST. SM M2 • L MOM TIL 7M13
elltlp M-1100 • FAX I= 7110-644
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U.VE DATA
• 34 L A• 9'5 "
.4 L 01.4'18"
1 ' TA• 8'38'18"
PLAT DATE 5-4-09
- CITY OF LUBBOCK
RVEY DATE: 3-5,2009
ED BY: C. WILSON
'%�W'ECH too 11 WS SRMMVL
I= 70@ ST. SM M2 • L MOM TIL 7M13
elltlp M-1100 • FAX I= 7110-644
13
Exhibit "C"
Gate Construction Detail and Specifications
14
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■
'Jan
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Johnny Dale Denzer -- Pipeline Easement Agreement 14
DoOD 148559 v.l
Exhibit "D"
Drawing of Above Ground Improvements
Johnny Dale Denzer -- Pipeline Easement Agreement 15
--_m IAoccn.. t
Filed for record this day ofd [I t 2011 at$ ',15 o'clock /1-1m.
SUSAN TIPTON, COUNTY CLERK, LYNN CO NTY, TEXAS BY: - u;q
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