HomeMy WebLinkAboutResolution - 2010-R0502 - Property Easement - Piwonka, Sparks, Gregor, Garza, Whitlock - 10/14/2010Resolution No. 2010-R0502
,October 14, 2010
Item No. 5.15
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 Lynn County, Texas, owned by Lorraine C. Piwonka, Mary Catherine
Driscoll, Frederick Charles Piwonka, Phyllis Ann Gordon, Norman Louis Piwonka,
Martha Jean Simmons, Brenda Gayle Sparks, Judith Marie Gregor, Marvin Gerrard
Piwonka, Edward Joseph Piwonka, Wanda Ruth Garza, Paula Susan Whitlock, and
Milton Hershall Piwonka, 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
ATTEST:
TOM ARTIN, MAYOR
City
APPROVED AS TO CONTENT:
Marsha Reed, P.E., C ief Operation Officer
Dave Booher, Right -of -Way Agent
VED AS TO FORM:
10.4.1 o
'Return: West Texas Title, 8001 Quaker, Suite E, Lubbock, Texas 794
._: 31020nefc� O11 _ O 2 Q Contract: 9300
Resolution No. 2010—RO502
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
Lorraine C. Piwonka, Individually and as Life Tenant, with a street address of 21101 CR
3330, Slaton, TX 79364, Phyllis Ann Gordon, as Remainderman, with a street address of 8206
Evert Street, San Antonio, TX 78240-2918, Brenda Gayle Sparks, as Remainderman, with a
street address of 2530 Firecrest Dr., Katy, TX 77494, Edward Joseph Piwonka, as
Remainderman, with a street address of 2432 Camelot Court, Quincy, IL 62305-8750, Milton
Hershall Piwonka, as Remainderman, with a street address of 1735 North 8`" Street, Abilene, TX
79603-6001, Pilary Catherine Driscoll, as Remainderman, with a street address of 4104 Seven
Gables, Fort Worth, TX 76133-7523, Norman Louis Piwonka, as Remainderman, with a street
address of 302 Sagebrush Lane, Waxahachie, TX 75165-1516, Judith Marie Gregor, as
Remainderman, with a street address of 4613 38`h Street, Lubbock, TX 79414-2825, Wanda Ruth
Garza, as Remainderman, with a street address of #3 Bennett Circle, Wolfforth, TX 79321-2211,
Frederick Charles Piwonka, as Remainderman, with a street address of 240 CR CC, Slaton, TX
79364-8100, Martha Jean Simmons, as Remainderman, with a street address of 19710 CR 3400
S13ton, TX 79364-7135, Marvin Gerard Piwonka, as Remainderman, with a street address of
20418 Eagle Nest Falls, Katy, TX 77449-6282, and Paula Susan Whitlock, as Remainderman,
with a street address of 2702 Golden Larch Drive, Katy, TX 77494 (herein collectively referred
to as "Grantors") 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
Grantors hereby grant 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 »^t=- flow meters, system communication lines and splice
boxes, pipeli-- D po-,;d areas, and equipment and facilities related thereto
(hereinafter c J e System"), for and/or related to the transportation of
untreated pot G on, over, and the Land. Such Easement shall be 60
feet wide, as c ached hereto (herein referred to as the "Easement' or
Easement Lar instruction easement is hereby granted parallel and
adjacent to th in additional 60 feet, as shown on the survey plat
attached heret The temporary Easement shall terminate upon
completion of, -:2,7 y __ ...,�,vIues on the herein described Land.
Lorraine C. Piwonka, et al Pipeline Easement Agreement
DocID 149226 v.2
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Terms and Conditions
This Easement is specifically made by Grantors 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.
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 Grantors' agricultural activities on the
Land and Grantors' 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, Grantors, their heirs, legal representatives, 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
Lorraine C. Piwonka, et al Pipeline Easement Agreement
Doc1D 149226 v.2 2
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environmental permit(s), if applicable, and notify Grantors 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
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 Grantors 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
F --a
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 Grantors' property) hereafter installed by Grantors must have a
minimum separation of two feet (2') from the water pipeline and shall be installed and
O
constructed in accordance with generally accepted engineering practices, and (E) fences
constructed by Grantors 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. Grantors agree to reasonably cooperate and aid Grantee, if necessary, to obtain
any curative documents needed.
Lorraine C. Piwonka, et all Pipeline Easement Agreement 3
DocID 149226 v.2
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 Grantors and Grantee hereby stipulate that the
ultimate award to the Grantors 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
Grantors 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 Grantors 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
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,r
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 Grantors }..
have on their 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. Grantors, or Grantors' representatives, shall have
Lorraine C Piwonka, et al Pipeline Easement Agreement 4
DocID 149226 v.2
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
GRANTORS 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 GRANTORS,
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.
Lorraine C. Piwanka, et al Pipeline Easement Agreement
DocID 149226 v.2
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
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. Grantors 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 Grantors, or their heirs, legal representatives, 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. Grantors 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 Grantors own
any mineral and/or royalty interest in and under the Easement, Grantors waive and
surrenders their 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 291h day of July, 2010 ("Effective Date")
Lorraine C. Piwonka, et al Pipeline Easement Agreement 6
DocID 149226 v.2
GRANTORS
Lorraine C. Piwonka, Individually and
as Life Tenant
awx-) '6 2 07-)
Phylli Ann Gordon, Remainderman
/eYr.fi4C.L' )U61 c6,
Brenda Gayle Sparks, Remainderman
Edward Joseph Piwonka, Remainderman
wl! keit �iwQhi��
Milton Hershall Piwonka, Remainderman
u
Mary Ceaherine Driscoll, Remainderman
Norman Louis Piwonka, Remainderman
J ' lth Marie Gregor, Remainderman
I,,, -
Wanda Ruth Garza, Remainrman
'�' , 't., L cwr.'
Frederick Charles Piwonka, Remainderman
Martha Jean Simm s, Remainderman
Lorraine C Piwonka, et al Pipeline Easement Agreement
DocID 149226 v.2
ATTEST:'' .
l
A � � !, I& t., J'j �
4
Marvin Gerard Piwonka, Remainderman
LL A.&W -
Paula Susan Whitlock, Remainderman
GRANTEE
The City of Lubbock
By:
TOM MARTIN, Mayor
Re�eeca `Gama; CV gFirdityC
APPkOv.-d 4S Td.-CIATENT:
AA J
Marsfia Reed
Chief Operations Officer
Lorraine C. Piwonka, et al Pipeline Easement Agreement
Doc1D 149226 v.2
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
Lorraine C. Piwonka, et al Pipeline Easement Agreement 9
DocID 149226 v.2
STATE OF TEXAS
COUNTY OF LUBBOCK
This instpeJ "',,,ackl
PIWONKA. ......0
O� p R Y
:O
:z
*C3
9r�OF IS*
�q.OS•�-I'p�RES .••
STATE OF TEXAS
COUNTY OF
This i
G0RD0N. o•``d� �0.HNsT
~may P U@!110 •.'li
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{Acknowledgements}
before me on July aq , 2010, by LORRAINE C.
exas
Printed Name of Notary
My commission expires: 131a0
acknowledged before me on July a i , 2010, by PHYLLIS ANN
Printed -Name of Notary
My commission expires: .�
STATE OF TEXAS §
r�r-� §
COUNTY OF § Lei bw 3f �
This instrument was acknowledged before me on;t4y , 2010, by BRENDA GAYLE
SPARKS. f — rA .
yti��P�Y P�e���'�
.2 n
14
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Printed Name of Notary
My commission expires:
Lorraine C. Piwonka, et al Pipeline Easement Agreement 10
DocID 149226 v.2
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STATE OF ILLINOIS §
COUNTY OF A U N'm.S §
This instrument was acknowledged before me on July 2010, by EDWARD
JOSEPH PIWONKA.
DAVIDOFFIMrnE
v WTMMY PULIC - STATE OF LUNN
W COAAMSM pIPMESS 14
Notary Public, State of Illinois
Printed Name of Notary
My commission expires:
STATE OF TEXAS §
COUNTY OF TAYLOR §
This instrument was acknowledged before me on , -20+0, by MILTON
HERSHALL PIWONKA. n / _
..��•'' ZAR... 0ti Nva
u Ic, tae exas
%- o •0
u,- jo
m
y ®" Printed -Name of Not
[20
My commission expires: 3
0R TEXP c
tS . ES
STATE OF TEXA131111°" §
Da•I (a-.5 §
COUNTY OF 4T §
This instrument was acknowledged before me on 2010, by MARY
C.ATHRRTNF. TDRISCOT.T._
1'f►`"�; . KAREN M. F AMLTON
MY COMMISSION EXPIRES
December 5, 2012
Nublic, State of Texas
1��M,, 4aw',
Printed Name of Notary
My commission expires:
Lorraine C. Piwonka, et al Pipeline Easement Agreement 1
DocID 149226 v.2
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STATE OF TEXAS §
COUNTY OF DAI §
Au Usf �
This instrument was acknowledged before me on -A*Fy ,
LOT OTS PIWONKA.
! : ► ' h
N. KAREN R HAKMN
"•`''= MY COMMISSION EXPIRES
Decetn wS,2012
STATE OF TEXAS
COUNTY OF LUBBOCK
2010, by NORMAN
kla�(-�An -N
j
�Pu , State of T is
� M1
Printed Name of Notary C � � I�
My commission expires: 1 .J
This instrument was acknowledged before me on July L479 2010, by JUDITH MARIE
GREGOR.
DEBORAH Y. KEMP
Notary PubC�c, Slate of Texas
. my Commission Expires 03.01.2013
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on July 2010, by WANDA RUTH
GARZA.
ffDEBORAH Y. KEMP
Notary Public, State of Texas Comrlbssion Expires 03-01.2013
Notary Public, State of Te7xas
gnu a yet
Printed Name of Notary
My commission expires: • C 3
Lorraine C. Piwonka, et al Pipeline Easement Agreement 12
DocID 149226 v.2
Notary Public, State of Texas
ryP
Printed Name of Notary
My commission expires: 3
rte•
CCD
This instrument was acknowledged before me on July 2010, by WANDA RUTH
GARZA.
ffDEBORAH Y. KEMP
Notary Public, State of Texas Comrlbssion Expires 03-01.2013
Notary Public, State of Te7xas
gnu a yet
Printed Name of Notary
My commission expires: • C 3
Lorraine C. Piwonka, et al Pipeline Easement Agreement 12
DocID 149226 v.2
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on July a , 2010, by FREDERICK
CHARLES PIWONKA,,........ n J _ r, A it
STATE OF TEXAS
COUNTY OF LUBBOCK
Printerlame of Notary
My commission expires:
This instrument was acknowledged before me on July , 2010, by MARTHA JEAN
SIMMONS.
SALLY ANN SERNA
NOTARY K" VA1E Of TEXAS
y, CO�0IEEIOE EIPIIIEa:
o
�aw A -- - . . - - h,ka,
Not Publ c, State of Texas
.rr-Ia_
Printed Name of Notary
My commission expires: i13-IR-Ulp
STATE OF TEXAS §
COUNTY OF LS §
This instrument was acknowledged before me on 4tttr , 2010, by MARVIN
GERARD PIWONKA.
=CAMROL ELL
pires
(—"Pub*1Mc—,7-e4Tex6S
L
Printed Name of Notary
My commission expires:
Lorraine C. Piwonka, et al Pipeline Easement Agreement 13
DocID 149226 v.2
Ca
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STATE OF TEXAS
COUNTY OF �t
This instrument was acknowledged before me own J* 1 , 2010, by PAULA SUSAN
WHITLOCK.
�::�►''�� CONSTANCE S. MESECHER
_` "? Notary Public, State of Texas
.�s My Commission Expires
;;,'.�' April 28, 2014
STATE OF TEXAS
Notary Public, State of Tex
Printed Name of Notary
My commission expires: i
COUNTY OF LUBBOCK § -� p�ber
This instrument was acknowledged before me on the I S day of febrt y, 2010, by
TOM MARTIN, Mayor of THE CITY OF LUBBOCK.
��•' ' ELISA SANCHEZ
Notary Public, State of Tezas
,r My Commiss�or► Expires 1107.2011
Lorraine C. Piwonka, et al Pipeline Easement Agreement
DocID 149226 v.2
N4tfuy Public, State of Texas
L'41-SOL-SancPt e -L
Printed Name of Notary
My commission expires:
14
Cil
Resolution No. 2010-R0502
Exhibit "A"
Description of Grantor Property
SWA of Section 3, Block O, D&W RR Co. Survey, Lynn County, Texas
Lorraine C. Piwonka, et al Pipeline Easement Agreement 15
DocID 149226 v.2
Resolution No. 2010—RO502
Exhibit "B"
Metes and Bounds Description Easement
and Survey Plat
PAR• NO* 57 : '
M3I.TQ18..Nk PIfWOMI!(A �. .. '
Field Nofxs describing the teriterilne of a SSW -f -Foot (NJ wide permanent pipeline east being
located in SeCpW 3, Block O, D: It W. R.R. Co. Survey, Lynn County, Texas and said pipepne
centetilne being described as fbllows:
Beginning at a fps' iron rod with cap, set -In the South lirye of said Section 3, Block O, fbr thq
bgginnIng of this description, from whence a W rbd fbund for. the SCUUMest Comer of said Section 3,
BIC& O, bars North W03699" West a disUnce of 884.21 feet; sold point of beginning hbving a
projat coordinate of Y a 7204553.51 and X = 1001992.51; -
7henee North 55°06'11' West, along the eenteiilne orsald S1106Foot (601 wile pennanent pipeline
easement, a distance of 1050.59 Peet to the beginnlrta of a curve to the right;
Thm,c along the arc of a curve to the right and boin0 along the centuailne of said Sixty -Foot (60')
wide permanent pipeline easement; an arc distance of 9.47 feet to a W iron rod with cap, set in the
West line pf said Seddon 3, Block O, tor tfie.end of tfilS description, said cut'we having a radius of
3850.00 fleet and a delis angle of 0°08'27", whence a W rod lbund fbr'the southwest corner of said
Section 3, Block O, bears South 1023117" West; 584.70.feet.
Contalning 64.Z6.rods. (1.46•aa•es}
,rhe above desaibed sbdy foot (601 wide permanent p4WkW -easement Is also subject to a sixty fix*.
(60') wide b rnporary•construction easement beft paraW and acUeoent t4 said permanent pipeline
easwnerrt, located and shown on the a=mpanftl survey plat and said temporary Construction
easement contains 1.64 saes of land. The said tempbrary constrrrction easement shall expire as noted
In the e0sermtt agnternent.
1. A "Vey
iw of even sraveir dam—hwewifk acoompaMes this legal desaiption.
2. Sur wftW on the OrOundlRarch-Miay,•2009.
3. •13earhrgs ShMn are grid bflarlMl based on am 7,w=•SWW plane Coordinate System, Texas North
Central Zone, Nad83 DabmL '
4. All dbW= shown arm surface dbtancm
S. Surfeoe adjustment fWftr for entire project Is 1.0002$96
Registered t#Wlgriial laird Surveyor
Dane: 3 -3 32�.
EN
KGE-TECHUNDAW GP rOMQU,1NG
3330 7M St, OWN 202' LVOO TCM 79413•
Lorraine C. Piwonka, et al Pipeline Easement Agreement 16
DocID 149226 v,2
0
r
F --.a
; ''�`°' SEG'r I ON 3, BLOCK 0
P. q—V R 9- G0. 5URVBY
s<
y LUBBOCK COUNTY
A, P" _ LYNN COUNTY
'Die PPE
W RW - i N
M ,TBS'
W- Swrte:tper
VoC3/8 Pp.SiS
E 60'PorsRinso►F.as4 w
.l"'p Sr11t> VW R1'iRW
ro.%" -
4
0' Set %" Rod With Cop
A lepd deseriptlon of even survey dote herewith
accompanle0 this survey plat.
S re ed on the grow r oy. 2009
Registered e3bfestolanall.ond Surveyor ,Y„
Dates � - 3 3�
AN Northings and Eostbegs shown are pa coon
and may be converted to Texos State Coo(
North CentralZona. NAD83 by deriding by o surface
d ju
ostment factor of 1.0002398
Alldistances shown are surface distances.
Bearings shown are grid bearings based an the Text
State Plone Coordinate System, North Central Zone,
NADW Dattlnr.
This survey and of lfanaft toco. Is for its erdmdre as of
MY OF LUBBOCK
and shot sot be copied or used no* for d purpose for which
N is ow-* funidwd. Ude droefrq and dcgia 1purs lor
cvnpistei stabe retaned to the vena Igoe demand.
Lorraine C. Piwonka, et al Pipeline Easement Agreement
DocID 149226 v.2 17
Am�SA
8
t� tw R1tlR tet • ustOtRnGtMY
dW Bels • ra ells w44
ra
C
;4�1%
Resolution No. 2010—RO502
Exhibit "C"
Gate Construction Detail and Specifications
Lorraine C. Piwonka, et al Pipeline Easement Agreement 18
Doc1D 149226 v.2
Resolution No. 2010-RO502
Exhibit "D"
Drawing of Above Ground Improvements
M O-CLM
FEB - 9 2011
Lorraine C. Piwonka, et al Pipeline Easement Agreement 19
DocID 149226 v.l
0
0
FOR RECORD
AT f OD O'CLOCK —i, M
ON THE 0 DAY OF�
A.D., I .
Vol. LI*Vf Pa e ?
In the Records
Susan Tipton
COUNTY CLERK.
LYNN COUNTY. TEXAS
—
DEPUTY
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE,
RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFOR-
CIBLE UNDER FEDERAL LAW.
STATE OF TEXAS 1 OFFICIAL PUBLIC
COUNTY OF LYNN 1 RECORD
I hereby certify that this Instrument was FILED
on the date and at the time stamped hereon by
me and was duly RECORDED In the Volume
and Page of the named RECORDS of Lynn
County, Texas, as stamped hereon by me.
COUNTY CLERK
LYNN COUNTY. TEXAS
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Contract: 9800
Resolution No. 2010—RO502
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT:
Lorraine C. Piwonka, Individually and as Life Tenant, with a street address of 21101 CR
3330, Slaton, TX 79364, Phyllis Ann Gordon, as Remainderman, with a street address of 8206
Evert Street, San Antonio, TX 78240-2918, Brenda Gayle Sparks, as Remainderman, with a
street address of 2530 Firecrest Dr., Katy, TX 77494, Edward Joseph Piwonka, as
Remainderman, with a street address of 2432 Camelot Court, Quincy, IL 62305-8750, Milton
Hershall Piwonka, as Remainderman, with a street address of 1735 North 8`I' Street, Abilene, TX
79603-6001, Mary Catherine Driscoll, as Remainderman, with a street address of 4104 Seven
Gables, Fort Worth, TX 76133-7523, Norman Louis Piwonka, as Remainderman, with a street
address of 302 Sagebrush Lane, Waxahachie, TX 75165-1516, Judith Marie Gregor, as
Remainderman, with a street address of 4613 38h Street, Lubbock, TX 79414-2825, Wanda Ruth
Garza, as Remainderman, with a street address of #3 Bennett Circle, Wolfforth, TX 79321-2211,
Frederick Charles Piwonka, as Remainderman, with a street address of 240 CR CC, Slaton, TX
79364-8100, Martha Jean Simmons, as Remainderman, with a street address of 19710 CR 3400
Slaton, TX 79364-7135, Marvin Gerard Piwonka, as Remainderman, with a street address of
20418 Eagle Nest Falls, Katy, TX 77449-6282, and Paula Susan Whitlock, as Remainderman,
with a street address of 2702 Golden Larch Drive, Katy, TX 77494 (herein collectively referred
to as "Grantors") 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 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
Grantors hereby grant 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.
Lorraine C. Piwonka, et al Pipeline Easement Agreement
DocID 149226 v.2
Terms and Conditions
This Easement is specifically made by Grantors 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.
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 Grantors' agricultural activities on the
Land and Grantors' 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, Grantors, their heirs, legal representatives, 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
Lorraine C. Piwonka, et al Pipeline Easement Agreement
DoclD 149226 v.2 "
environmental permit(s), if applicable, and notify Grantors 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
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 Grantors 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 Grantors' property) hereafter installed by Grantors 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 Grantors 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. Grantors agree to reasonably cooperate and aid Grantee, if necessary, to obtain
any curative documents needed.
Lorraine C. Piwonka, et al Pipeline Easement Agreement 3
DocID 149226 v.2
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 Grantors and Grantee hereby stipulate that the
ultimate award to the Grantors 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
Grantors 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 Grantors 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
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 Grantors
have on their 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. Grantors, or Grantors' representatives, shall have
Lorraine C. Piwonka, et al Pipeline Easement Agreement 4
DocID 149226 v.2
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
GRANTORS 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 GRANTORS,
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.
Lorraine C. Piwonka, et al Pipeline Easement Agreement
DocID 149226 v.2
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
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. Grantors 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 Grantors, or their heirs, legal representatives, 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. Grantors 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 Grantors own
any mineral and/or royalty interest in and under the Easement, Grantors waive and
surrenders their 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 29th day of July, 2010 ("Effective Date").
Lorraine C. Piwonka, et al Pipeline Easement Agreement 6
DocID 149226 v.2
GRANTORS
Lorraine C. Piwonka, Individually and
as Life Tenant 4'�P-Aj( J�141) ��
Phyllis/Ann Gordon, Remainderman
Brenda Gayle Sparks, Remainderman
//i o x k el!S� e i l f i wohi-o-
Milton Hershall Piwonka, Remainderman
-# A -)w PA". e .0 4"9&
Mary Catherine Driscoll, Remainderman
Norman Louis Piwonka, Remainderman
JY,x1th Marie Gregor, Remainderman
Wanda Ruth Garza, Rem aind rman
Frederick Charles Piwonka, Remainderman
Martha Jean Simm6hs, Remainderman
Lorraine C. Piwonka, et all Pipeline Easement Agreement
DocID 149226 v.2
Marvin Gerard Piwonka, Remainderman
A&W -
Paula Susan Whitlock, Remainderman
GRANTEE
The City of Lubbock
By: �?!
ATTEST: TOM MARTIN, Mayor
Rebecca Garza, City e re
APPROVEI) AS TO CONTENT:
17,401--"�
Mars a Reed
Chief Operations Officer
Fill 4 119) 111
Lorraine C. Piwonka, et al Pipeline Easement Agreement
DocID 149226 v.2
STATE OF TEXAS
COUNTY OF LUBBOCK
This instr� - 11 l %,,acknow
0``0 `l 3.�0 �"
PIWONKA. �� .......
y
n :z=
OF TE�P�
�� ��`•��jO/RES •,, `\`�..
201
STATE OF TEXAS
COUNTY OF �tb
This
GORDON.
{Acknowledgements}
before me on July qq , 2010, by LORRAINE C.
Texas
Printed Name of Notary
My commission expires: 1-1010 _
acknowledged before me on July , 2010, by PHYLLIS ANN
of Texas
PrinteEWame of Notary
My commission expires: 5.�-AQ I I
STATE OF TEXAS §
art � § JJ
COUNTY OF � § c'p�je,�,Y' �%•
This instrument was acknowledged before me on Atly , 2010, by BRENDA GAYLE
SPARKS. rn
\\p,N I E 1(
Q 1 /S
i ... 0
coo: �P�Y PUe ., <�LP �.
'Z n
N�9jF OF
�i� •••••.IcXPIFiE`'••. ��
711111-11111111O
llllll\\\\\
Lorraine C. Piwonka, et al Pipeline Easement Agreement 10
DocID 149226 v.2
STATE OF ILLINOIS §
COUNTY OF A O N'm-S §
This instrument was acknowledged before me on July 1—y, 2010, by EDWARD
JOSEPH PIWONKA.
DAVSEAL
ID C UTILE
NOTARY PUKIC - STATE OF fLLLMM
W COWISSM EOMMIM4
Notary Public, State of Illinois
.D N Q\ a c, . L I E
Printed Name of Notary
My commission expires:
STATE OF TEXAS §
COUNTY OF TAYLOR §
This instrument was acknowledged before me on Jtq'y- , -2G+0, by MILTON
HERSHALL PIWONKA. n / _ ,
JO
q R V G yZ
'. Lp
v
:O
0 .d`-1 OF TFY- s
Printed -Name of Notary
My commission expires:
STATE OF TE -"3t"""" §
Dei (a5 §
COUNTY OF TENT §
USt �
This instrument was acknowledged before me on 2010, by MARY
CATHERINE DRISCOLL.
KAREN M. HAMILTON
MY COMMISSION EXPIRES
December 5, 2012
N Public, State of a as
Printed Name of Notary nn,,
My commission expires:Gcl�•
Lorraine C. Piwonka, et al Pipeline Easement Agreement 1
DocID 149226 v.2
STATE OF TEXAS
a
COUNTY OF PA -1 IA5 §
This instrument was acknowledged before me on 2010, by NORMAN
LOUIS PIWONKA.
.w .
t : ,A KAREN M. HAAKTON
'_'W MY COMMISSION EXPIRES
December 5, 2012
STATE OF TEXAS
COUNTY OF LUBBOCK
)'11. kko"J�n
leo ary Public, State of TR-nd
saV-�Orl
Printed Name of Notary � � (;z'
My commission expires: A01'el,
This instrument was acknowledged before me on July 26 2010, by JUDITH MARIE
GREGOR.
DEBORAH Y. KEMP
(amy
Notary Pubk, State of Texas
Commission Expires 03-01-2013
STATE OF TEXAS
COUNTY OF LUBBOCK
Notary Public, State of Texas
2twy � `l YgMP
Printed Name of Notary
My commission expires: 3 • . 3
This instrument was acknowledged before me on July 3]� 2010, by WANDA RUTH
GARZA.
DEBORAH Y. KEMP
Notary Public, State of Texas
a� y My Commission Expires 03-01.2013
6kta
Notary Public, State of Te cas
�Bn p -A k `/. 1��t�1 P
Printed Name of Notary
My commission expires: 3,1%(3
Lorraine C. Piwonka, et al Pipeline Easement Agreement 12
DoclD 149226 v.2
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on July A I , 2010, by FREDERICK
CHARLES PIWONKA,,,• n _
�0 J 0
�V P& s%
'0P e� •. p
o.Z
z o
h
OF
gxPIK
STATE OF TEXAS
COUNTY OF LUBBOCK
Printed -Name of Notary
My commission expires:
I
This instrument was acknowledged before me on July 9?,f6L, 2010, by MARTHA JEAN
SIMMONS.
ANN SERNA
WtWKWIRANOFWA
[�eSALLY
COMMISSION EXPIRES:
12-18-2010
STATE OF TEXAS
COUNTY OF L/, ,415
Not Public, State of Texas
0-I.r VIR
Printed Name of Notary
My commission expires: 1j--)R-`LQ1D
This instrument was acknowledged before me on jutr , 2010, by MARVIN
GERARD PIWONKA.
=CAROLLL
es
m
Public, . e of Tex9s,
L
Printed Name of Notary
My commission expires:
Lorraine C Piwonka, et al Pipeline Easement Agreement 13
DoclD 149226 v.2
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on J* 1 , 2010, by PAULA SUSAN
WHTTLOCK.
CONSTANCE S. MESECHER
Notary Public, State of Texas
My Commission Expires
April 28, 2014
STATE OF TEXAS
COUNTY OF LUBBOCK §
0 i - ("" ry)olno�?
Notary Public, State of Tex s
S
Printed Name of Notary
My commission expires: LA{
This instrument was acknowledged before me on the
TOM MARTIN, Mayor of THE CITY OF LUBBOCK.
"%W pt, ELISA SANCHEZ
Notary Public, State of Texas
My Commisslon Expires 1107.20111
moo.
Lorraine C. Piwonka, et al Pipeline Easement Agreement
DoclD 149226 v.2
Ocdbe✓
I S day of febrw ry, 2010, by
Wy Public, State of Texas
�i� Sanc-Pt e z.
Printed Name of Notary
My commission expires:
14
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
Lorraine C. Piwonka, et al Pipeline Easement Agreement 9
DoclD 149226 v.2
Resolution No. 2010-R0502
Exhibit "A"
Description of Grantor Property
SWA of Section 3, Block O, D&W RR Co. Survey, Lynn County, Texas
Lorraine C. Piwonka, et al Pipeline Easement Agreement 15
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Resolution No. 2010—RO502
Exhibit "B"
Metes and Bounds Description Easement
and Survey Plat
PARCEL NO. 87 .
MILTON K PIWONKA
Field Notes describing the centerilne of a Sixty -Foot (607 wide permanent pipeline easement tieing
located in Section 3, Brock O, D. iL W. R.R. Co. Survey, Lynn County, Texas and said pipepne
centerline being described as follows:
Beginning at a W Iron rod with cap, set-in the South Ih1e of said Section 3, Block 0, for thq
t►gginNng of this description
, fFom whence a 1h" rid found for the Southwest comer of seld Section 3,
Block O, bears North 88°36139" West, a distance of 884.21 feet, said point of beginning having a
project coordinate of Y - 7204553.51 and X = 1001992.51;
Thence North 55°08'11' West, along the centerline or said Sb* Foot (60') wide permanent pipeline
easement, a distance of 1050.59 feet to the beginning of a curve to the right;
Thenc along the arc of a curve to the tight and being along the centerline of said Sixty -Foot (607
wide permanent pipeline easement, an arc distance of 9.47 feet to a 15" iron rod with cap, set In the
West line .of said Section 3, Bloch O, for tfie. end of this description, said cutrve having a radius of
3850.00 feet and a delta angle of 000827", whence a W rod found for the Southwest comer of said
Section 3, Blodc O, bears South 1023'17" West; 584.70 gee.
Containing 64.25 rods. (1.46-acre0
The above described sbdy bot (607 wide permanent pipeline easement is also subject to a sixty foot,
(607 wide temporary-constnxtlon easement being. parallel and adjacent t0 said permanent pipeline
easement, located and shown on the accompanying survey plat and said temporary construction
easement contains 1.64 acres of land. The said temporefy construction easement.shall expire as noted
in the e'Lsement agreement..
1. A survey plat of even survey dab,hemWtk accompanies this -legal description.
2. S?rrvay+ed on the ground. March -May, 2009.
3. _Bea tugs shown are grid bearlpga based on. the Texas State Plane Coordinate System,
Central Zone, Nad83 Datum. '
4. All distance shown are surlape distances.
5. Surface adjustment fedor for entire prgject Is 1.0002$96
QLSbered oWalorW Land Surveyor
Sate: ,�'� 3 -O�•
Es
RIGH-TECHL&MAW GPS&RVBi'OlJ, INC
3330 70th SL, Sub 202 • Ubbock,' kow 79413,
Lorraine C. Piwonka, et al Pipeline Easement Agreement 16
DociD 149226 v.2
Texas North
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LUBBOCK COUNTY
••FD—�J LYNN COUNTY^
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i MR. PPE
60' PA -M V EMIL w E
-N 5570B'rW AXIM
2
�h-'`
ra...
I 4
•• Set Vit" Rod With Cop
A legal description of even survey dote herewith
accompanies this survey plot.
Suryewed on the grow uy, 2009
0
Registered fesalonolLond Surveyor
Data t
AH Northings and Eastings shown are pro t coor
and may be converted to Texas Stots ne Coor
North Central Zone, NAD83 by dividing by a surface
adjustment factor of 1.0002396
AN distances shown ore surface distances.
Bearings shown are grld bearings based on the Texgm.
State Plane Coordinate System, North Central Zone,
NAD83 Datum.
This swvey and dMormadon hereon Is for the erdoitve we of
CITY OF LUBBOCK
and "not be copbd or used except ler 910 purpose for rhleh
H Is owesey tordshed.INt droeiq and deopia Wttdor
coq*tsl "be returned to the owner upon dsmond.
Lorraine C. Piwonka, et al Pipeline Easement Agreement 17
DoclD 149226 v.2
s
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Resolution No. 2010-RO502
Exhibit "C"
Gate Construction Detail and Specifications
Lorraine C. Piwonka, et al Pipeline Easement Agreement 18
DocID 149226 v.2
A
S
Resolution No. 2010-RO502
Exhibit "D"
Drawing of Above Ground Improvements
Lorraine C. Piwonka, et al Pipeline Easement Agreement 19
DoclD 149226 v.I