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HomeMy WebLinkAboutResolution - 2010-R0608 - Contract 9949 Wolbrueck, Wolbruek Richter, Wolbruek, Wolbruek Rode - 12/15/2010Resolution No. 2010-RO608 December 15, 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 granted by Milton Wolbrueck, Mamie Ruth Wolbrueck Richter, Albert Wolbrueck, and Anita Wolbrueck Rode, in connection with certain real property located in Lubbock County, Texas, 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 December 15, 2010 ATTEST: C -P— Q -P -,O - -- Rebec a Garza, City Secretary APPROVED AS TO CONTEN-1': -/�"�L dIA Marsha Reed, P.E., ChieOperation Officer Dave Booher, Right -of -Way Agent APPROVED AS TO,FORM: M Res-L-asement Wolbrueck 12.7 10 TOM MARTIN, MAYOR ttorney Contract. 9949 Resolution No. 2010-RO608 EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK Milton Wolbrueck as his sole and separate property, with a street address of 1851 CR 126, Georgetown, TX 78626, Mamie Ruth Wolbrueck Richter as her sole and separate property, with a street address of 3720 Williams Drive, Georgetown, TX 78628, Albert Wolbrueck as his sole and separate property, with a street address of 2555 CR 192, Georgetown, TX 78626 and Anita Wolbrueck Rode as her sole and separate property, with a street address of 3351 CR 124, Georgetown, TX 78626, (hereinafter referred to as the "Grantor" whether one or more) for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13th Street, Lubbock, Texas 79401, the receipt and sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto Grantee the following described perpetual exclusive easement, servitude and right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon, across and within the following described lands, described in Exhibit A (hereinafter called the "Lands") situated in Lubbock County, Texas: Pipelines and Equipment Grantor hereby grants to Grantee a perpetual exclusive Easement to survey, construct, reconstruct, install, upgrade, operate, inspect, maintain, alter, relocate, replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test stations, pipeline markers, fence gates, impressed current deep well anode stations with power supplies, flow meters, system communication lines and splice boxes, pipeline trail road on non cultivated areas, and equipment and facilities related thereto, or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of water through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall be 60 feet wide, as described in Exhibit A as attached hereto. Further, a temporary construction Easement is hereby granted adjacent to the perpetual exclusive Easement which shall be an additional 60 feet, as described in Exhibit A as attached hereto. The temporary Easement shall terminate upon completion of all construction activities related to that portion of the Pipeline System that requires said temporary Easement as described in Exhibit B as attached hereto. Exhibit A is attached hereto and incorporated herein, and hereby made a part hereof by reference to describe the Easement and the Lands. This Easement is specifically made by Grantor and accepted by Grantee subject to the following terms, covenants, obligations and conditions: 1. Grantee may use and occupy the Easement for the sole purpose of. (a) the right to perform Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and Wolbrueck -- Pipeline Easement Agreement along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (c) the right to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water transportation. Grantee shall use the Easement for the Permitted Uses and Pipeline System and for no other purposes or uses. 2. Grantee covenants and agrees that its use of the Easement and its operations conducted thereon shall, to the best of Grantee's ability, at all times comply with all applicable local, state and federal laws, orders, rules, regulations, standards, licensing, permitting and other legal requirements including, without limitation, all environmental laws, orders, rules, regulations, standards, licensing and permitting (the "Legal Requirements") and Grantor's rules and regulations as shown on Exhibit C attached hereto, particularly, but not limited to, those regarding safety, cleanup and distribution and removal of soil, rock and/or trees. Grantee agrees to construct the Pipeline System, in compliance with all Legal Requirements, and with due care for Grantor's property, business and operations. Fences and gates installed by Grantee shall meet the specifications described in, and be installed as specified in, Exhibit D attached hereto and made a part hereof. Grantor and Grantee shall each conduct its activities in such a manner as to not unduly interfere with or cause a disruption to the other's business, operations and property or those of other third parties entering or crossing the Easement. In the event it is discovered that Grantee is in violation of any portion of the Legal Requirements, Grantee agrees to commence, upon receipt of written notice of such violation, the process of curing such violation so that Grantee will be in compliance with this subparagraph. Upon completion of any construction project that is part of the Pipeline System and upon completion of any record survey, Grantee shall provide a copy to Grantor of the record survey showing the location of the Easement and Pipeline System and all other installed assets on the Grantor's lands. Grantee is required to restore the surface of Grantor's land to its pre -construction condition as nearly as possible. 3. If Grantee should abandon the Pipeline System, then this Easement and the rights herein granted shall automatically terminate and revert to, and become property of, Grantor, its successors and assigns. Grantee may abandon the Pipeline System solely by a formal resolution of its governing body that authorizes the abandonment of the Pipeline System and that further resolves that Lake Alan Henry is no longer necessary as part of Grantees water supply. Any such abandonment will not be effective until it is evidenced by notice in writing, signed by the Grantee's official representative, and filed of record in the county where the Lands are located. 4. The Easement Term is hereby defined as the period of time beginning with the granting of the Easement and continuing until such time that the Easement is abandoned by Grantee. Wolbrueck -- Pipeline Easement Agreement 7 5. Grantee shall at all times during the Easement Term, at Grantee's sole cost and expense, keep the Pipeline System in a safe and properly maintained condition. Grantee shall promptly make all necessary or appropriate repairs, replacements and renewals of the Pipeline System, and keep and maintain the Pipeline System in good order, condition, and repair (ordinary wear and tear excepted), and in such condition as may be required by applicable Legal Requirements. Grantee shall keep the Easement in good order, condition and repair following any work related to Permitted Uses on the Pipeline System. 6. Grantee shall be responsible for obtaining all permits necessary to construct and operate the Pipeline System on the Easement. Without limiting the foregoing, and to the extent required, Grantee will secure and maintain any and all environmental permits required by the Texas Commission on Environmental Quality covering the Easement. Grantee will provide Grantor with a copy of Grantee's environmental permit(s), if applicable, and notify Grantor of any proposed changes to said permit(s). 7. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. Before a fence is cut by Grantee, it shall be properly supported on either side of the contemplated opening by suitable posts and braces. 8. The Pipeline System shall initially be buried at least 36" below the surface so it does not interfere with current cultivation of the soil at the soil levels as they exist at time of execution of this Easement. Following completion of construction, the surface area shall be returned to its preconstruction condition as nearly as practicable. If any of the property shall be grassland, Grantee shall apply grass seed with a native mix from seed that is available and that is the same as existing native grass or comparable to the native grass in the disturbed area. Any Pipeline Equipment that will be installed above plow depth on cultivated lands shall only be installed at the locations identified on Exhibit C or, if no locations are specified on Exhibit C, at such other locations that will not interfere with farming activities and which are approved in writing by Grantor, such approval not to be unreasonably withheld. 9. This grant of Easement shall not preclude the right of Grantor to cultivate, use, and enjoy the Lands for any purposes which will not constitute an interference with the Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's property. However, the right reserved by Grantor as to the perpetual Easement shall not include the right to erect any buildings, reservoirs, structures, or other improvements on the perpetual Easement without the advance written permission of Grantee. 10. Subject to the limitations set forth in this paragraph, the Easement is non- exclusive and Grantor shall at all times have the right to (i) use and enjoy the Easement Area for any purpose not specifically prohibited herein; (ii) grant easements and rights of way over, under, upon, across and within the Easement Area to such persons as Grantor Wolbrueck -- Pipeline Easement Agreement 3 deems proper; (iii) construct and maintain improvements upon the Easement Area; and (iv) construct and maintain irrigation systems (including drip and overheard irrigation systems) and components and water distribution lines to cultivate and service Grantor's property (including the Easement Area), provided, however, (A) no buildings or reservoirs may be constructed upon the Easement Area, (B) improvements (other than drip irrigation lines and overhead irrigation equipment) may not parallel the Pipeline within the Easement Area, (C) all power lines, pipelines (other than drip irrigation lines and overhead irrigation systems), and telephone and other telecommunication lines must cross the Easement Area at no less than a 45° (forty-five degree) angle, (D) underground power lines and any metallic pipelines (excluding irrigation water lines and water distribution lines used to service Grantor's property) must have a minimum separation of two feet (2') from the Pipeline and must meet industry standards in order not to adversely affect or damage the Pipeline, and (E) fences constructed by Grantor within the Easement Area must have gates installed so that Grantee at all times has access over and across the Easement Area. 11. Grantee shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of abandonment of said Easement as provided in No. 3, the title and interest herein granted shall end, cease, and terminate, and title to the Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. 12. The grant of Easement herein contained is subject to all valid and subsisting easements, leases including oil, gas and wind energy leases, and rights-of-way of record affecting the Lands. 13. It is a condition precedent to the payment to the Grantor of the sum named herein that the title to the Lands described herein shall be vested in the Grantor, subject only to the interest of Grantee hereunder and to the matters set out in Paragraph No. 12 hereof and to such other defects, interests, or encumbrances as may be waived in writing by Grantee. Grantor shall provide to Grantee an executed release from any lien holder, tenant, lessee, or other party having an interest in the Easement prior to payment of the compensation called for in Paragraph No. 16 hereof. 14. Grantor shall procure and have recorded without cost to Grantee all assurances of title and affidavits which the Grantor may be advised by Grantee are necessary and proper to show in Grantor title sufficient to grant the above easement free and clear of encumbrances other than those encumbrances expressly defined herein. Abstracts or certificates of title or title insurance may be procured by the Grantee at its expense. The expense of recording this Easement shall be borne by Grantee. Grantor agrees to cooperate and aid Grantee, if necessary, to obtain any curative documents needed. 15. If Grantee, in its sole discretion, determines that the Easement conveyed to Grantee and described herein should be acquired by judicial procedure, either to procure a safe title or for any other reason, then Grantor and Grantee hereby stipulate that the ultimate award to the Grantor for the Easement conveyed to Grantee and described Wolbrueck -- Pipeline Easement Agreement 4 herein, shall be the same as the purchase price hereinafter stated in Paragraph No. 16, but should the Grantor own a lesser interest than that Easement conveyed to Grantee and described herein, such award shall not exceed that portion of the purchase price stated in Paragraph No. 16 which the value of such lesser easement conveyed to Grantee bears to the value of the entire Easement described herein. 16. As complete consideration for the above grant of easement and for all the rights and privileges granted to the Grantee in this agreement, Grantee agrees to pay Grantor the one time sum of TWENTY THOUSAND FOUR HUNDRED EIGHT -NINE and 47/100ths Dollars ($20,489.47). 17. "Grantee" when used in this instrument, shall include The City of Lubbock's officers, agents, servants, employees, representatives, contractors, independent contractors, subcontractors, and/or their equipment or vehicles. 18. Words of any gender used in this agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 19. A. To the extent permitted by law, Grantee hereby assumes all liability for, and agrees to indemnify, defend and hold Grantor harmless from all claims, demands, fines, damages, liabilities, losses, costs, expenses (including without limitation reasonable attorneys' fees and court costs), that may be suffered or incurred by Grantor, on account of injuries to or death of any persons, or damage to or destruction of any property, occurring on the Easement after the effective date of this agreement to the extent caused by Grantee's or its employees, contractors, or agents negligence or willful misconduct. B. When any losses, claims, demands, or causes of action of the types described in Section A of this paragraph are the result of joint or concurrent negligence or willful misconduct of Grantee or their respective employees, contractors or agents, each party's duty of indemnification will be in proportion to its allocable share of such joint liability to the extent permitted by law, as determined by a court of competent jurisdiction. C. A dispute related to claims for damages accruing under the terms hereof shall not be cause for the termination of the easement and/or any rights granted hereunder, and Grantor shall be solely limited to the remedy of actual money damages for such claims, subject to those limitations contained in paragraph 26 hereunder. 20. Grantee agrees to the extent permitted by law to release, indemnify, defend, and hold Grantor harmless from and against all claims, losses, damages, costs (including legal costs), expenses and liabilities of whatsoever nature arising from pollution or contamination emanating from the Pipeline System and equipment of Grantee arising from or relating to the performance of this agreement (the "Grantee pollution liabilities"). For the avoidance of doubt, "Grantee pollution liabilities" shall Wolbrueck -- Pipeline Easement Agreement 5 exclude any such pollution liabilities arising from any condition existing before the effective date of the Easement. Grantor agrees to release, indemnify, defend, and hold Grantee harmless from and against all claims, losses, damages, costs (including legal costs), expenses and liabilities of whatsoever nature arising from (I) pollution emanating from the property and equipment of Grantor, (II) any condition existing before the effective date of the Easement, (III) pollution or contamination migrating or having migrated on, under, or to the Easement from any other location, and (IV) the possession, occupation or use of the remaining portions of the Grantor's adjacent property. 21. It is understood and agreed that this Easement is not a conveyance of the fee estate for any of the Lands covered hereunder, but is only an easement through, over, under, upon, across and within the Lands. 22. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 23. This Easement contains the final and complete expression of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Easement may be modified in writing only, signed by the parties in interest at the time of the modification. 24. In case any one or more of the provisions contained in this Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 25. Any notices or demands provided to be given herein by the parties shall be in writing and mailed by certified or registered mail to the other party at the address set forth above. Any notice or demand shall be deemed to have been received the earlier of five (5) days after the date of mailing or the date of actual delivery as shown by the addressee's certification or registry receipt. 26. Limitation on certain types of damages. Neither party shall be liable to the other party or any of such party's affiliates in any action or claim, including without any limitation, any action or claim for indemnity under paragraphs 19 and 20, above, for loss of profit, loss of product, loss of use, or for indirect, consequential, punitive, exemplary, special or other similar types of damages, regardless of how caused and regardless of the underlying theory of recovery, and even if caused by the sole or concurrent negligence of the responsible party. 27. Grantee agrees not to interfere with Grantor's rights to cultivate, use and enjoy the lands for any purpose, except as limited herein, provided that any such operation or use by Grantor, or Grantor's heirs, successors or assigns, shall not interfere with or endanger the operations or integrity of Grantee's Pipeline System and Permitted Uses. Additionally, the Grantor will not construct any facilities or perform any activities Wolbrueck -- Pipeline Easement Agreement 6 in or around the Easement and Lands that may violate federal and state regulations regarding the protection of drinking water supplies and facilities that convey such water. Grantor and Grantee agree and hereby give notice to any subsequent mineral, water, wind or energy lessee or grantee of any interest overlying or underlying the Lands owned by Grantor and the Easement, that Grantee will be operating the Pipeline System as a Permitted Uses as defined herein, and that no drilling, mining or other operation shall be conducted on or in the vicinity of the Easement and Lands which would interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. Further, no structure shall be placed on the Easement, which would interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. A. To the extent that Grantor owns any portion of the mineral and/or royalty interest under the Lands defined herein, Grantor surrenders and releases its surface drilling rights and all other rights of surface use of the Easement and Lands incident to the production of oil, gas, hydrocarbons, minerals, wind energy, and water production subject to the following exception and limitation: i) Grantor reserves and excepts from this release and retains for itself, its successors and its successors -in -interest, all rights to explore for, to drill and produce oil, gas and other hydrocarbons underlying or situated beneath the Easement and Lands by any means whatsoever, including wells directionally drilled from surface location on nearby lands so long as no surface operations are performed on the Easement and so long as such operations will not interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. ii) Grantor shall include the surface use restrictions and covenants provided herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind rights or interests and water rights or interests. 28. Grantee shall have the right to approve the location and means of future third -party pipelines which will cross Grantee's pipeline system. Grantee will not withhold reasonable crossing requests, but will act in a manner to protect Grantee's pipeline system. TO HAVE AND TO HOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the terms and conditions hereof. [ Signatures of the Parties on Next Page Wolbrueek -- Pipeline Easement Agreement 7 EXECUTED this J day of Oenn'n � e (r- , 2010 ("Effective Date") GRANTOR: MILTON WOLBRUECK as his sole and separate property MA IE RUTH WOLBRUECK RICHTER as her sole and separate property ALBERT WOLBRUECK as hiss a and separate property ►' ANITA WOLBRUECK RODE as her sole and separate property r '611191 cc The City of Lubbock By: ���- Name: TOM MARTIN Title: Mayor [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: Ml),dqd-, d�-d Marsha Reed, P.E., Chief Operations Officer Wolbrueck -- Pipeline Easement Agreement 8 ATTEST: Rebe ca Garza, City Sec eta y APPROVED AS TO FORM: Terry Gr Attorney STATE OF TEXAS § COUNTY OF �,(�,,ia,rl�i,s( § This instrument was acknowledged before me on hjCf A _ X_y 3 , 2010, by MILTON WOLBRUECK. ' /' 1-1 MARY €. DIE ROULAC + Notary Public ' STATE OF TEXAS ~ My Comm Exp Jul 31.2012 STATE OF TEXAS COUNTY 0*)LW Q-YYl SLY1 Notary Public. State of Texas Printed_JT lame of Notary My commission expires: This instrument was acknowledged before me on Q,YnkX , 2010, by MAMIE RI TTH WOLBRI MCK RICHTER. r MARY E. DE ROULAC + Notary Public STATE OF TEXAS w F SJv COmiTI Exp. Jul 01. 2012 STATE OF TEXAS COUNTY OF�djj'a6j6fl This instrument was ALBERT WOLBRUECK. =DEACS012 ic. State of T Printed Nnne of Notary My commission expires:�- N before me on N '-y M,rx/ 3 , 2010, by exas uC, Printed of Notary -7 My commission expires: Wolbrueck -- Pipeline Easement Agreement 9 STATE OF TEXAS § COUNTY 01�,) b 0—rMj§ This instrument was acknowledged before me on JJ.C,ui✓rYl.bCr1 >, 2010, by ANITA WOLBRUECK RODE. ECe41F,-'-V' NARY E DE ROULAC Notary Public STATE OF TEXAS 'Iy Comm Exp Jul 01, 2012 STATE OF TEXAS COUNTY OF LUBBOCK Printed Ntme of Notary My commission expires: This instrument was acknowledged before me on �� 15, 2010, by TOM MARTIN on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. Nohly Public,ti : t: 1 /lhpTJfl Notary Public e of Printed Name of Notary My commission expires: p.3-01- A414 Exhibits: "A" - Centerline Metes and Bounds Description of Pipeline System "B" - Survey Plat(s) of Centerline of Pipeline System "C" - Location of Surface Pipeline Equipment "D" - Pipeline Right -Of -Way Safety Guidelines "E" - Gate Construction Detail and Specifications Wolbrueck -- Pipeline Easement Agreement 10 • • Exhibit A Centerline Metes and Bounds Description of the Easement Area EXHIBIT "A" PARCEL NO. 79 MILTON WOLBRUECK & MAMIE RUTH WOLBRUECK RICHTER Resolution No. 2010-RO608 Field Notes. describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in the Northwest Quarter of Section 73, Block S, Lubbock County, Texas and said pipeline centerline being described as follows: Beginning at a 1/2" iron rod with cap, set in the East line of said Northwest Quarter of said Section 73, Block S, for the beginning of this description, from whence a 1/2" iron rod found for the Southeast corner of said Northwest Quarter of said Section 73, Block S, bears South 1011'40" West, a distance of 731.21 feet, said point of beginning having a project coordinate of Y = 7230038.83 and X = 976700.40; Thence North 49140'34" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 2944.95 feet to a point; Thence North 0°00100" West, along the centerline of said Sixty -Foot (601) wide permanent pipeline easement, a distance of 102.94 feet to a 1/2" iron rod with cap, set in the North line of said Northwest Quarter of said Section 73, Block S, for the e.nd of this description, whence a 3/8" rod found for the Northwest corner of said Northwest Quarter of said Section 73, Block S, bears North 87033'52" West, a distance of 350.03 feet. Containing 184.72 rods. (4.20 acres) The above described Sixty -Foot (60') wide permanent pipeline easement is also subject to a Sixty - Foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the accompanying survey plat and said temporary construction easement contains 4.05 acres of land. The said temporary construction easement shall expire as noted in the easement agreement. Notes: 1. 2. 3. 4. S. 6. A survey plat of even survey date herewith accompanies this legal description. Surveyed on the ground March -May, 2009 Bearings shown are grid bearings based on the Texas State Plane Coordinate System, Texas North Central Zone, Nad83 Datum. All distances shown are surface distances. Surface adjustment factor for entire proje is 1.0002396 Field notes revised January 25, 2010 ! eR r_ Registere rofessional Land Surveyor UDate:2 HIGH-TECH LAND AND GPS SURVEYORS, INC. 3330 70th st., suite 202 • Lubbock, Texas 79413 inn--% -100 M9n . iiev rAnm 792-1646 Fr344G P 3Z 'Ek 36 -7&0 9 0 Exhibit B Survey Plat(s) of Centerline of Pipeline System 71 FD.%" ROlY 74 N 0'00'00 10294' Dean Vordemon Vol. 6899, Pg. 183 _0 p f a_ EXHIBIT �B � Resolution No. 72 City of Lubbock 350A3' W -D. "2008-38584 N. 870 33'52" W_ 2637. 2010-R0608 S79 `� \ FD.%2" ROD W/CAP W l Milton Wolbrueck & 67 Temporory Mamle Ruth Wolbrueck Richter Const. csmt. -1 Vo%664/ P 4.05 Ac. F,g`.; g. 265 '�- � ���; \ 60' Per to �: Eosement 18472 Rods - Permanent Esmt. �'5s, \� w f4.20 Ac. - Per a 'e'nf .Esmt.1 `� \ 00 N N. W. SEGt I ON 73, 51.0GK LU15150GK GOUNTY, f 6XAS N 870 32'38" W 2637.8' P.O.B.— Y-7230038.83 X-976700.40 FD.�/2,. •- Set X1/2" Rod With Cap A legal description of even survey date herewith occomponies this survey plat. N Fi OR•r�` S v ed on4thed ch-May,200yCo••qu••NW Register Pnal Land Surveyor apgyD,WI"N t 0 Date Z „ 42.'98 �p�:•'QQ' - lT9�Q.�Bse�•�-t �,� Revised alignment January 25, 2010�SI.1RJ S 0 N Teti 3 �0C,tk rril E All Northings and Eastings shown are pro. t coordinates and may be converted to Texas Stote Plane Coordinates, North Central Zone, NAD83 by dividing by a surface SCALE 1' - 600' REVISION 1-25-10 1 PLAT DATE: 5-2( adjustment factor of 1.0002396 CLIENT: PARKHILL SMITH & COOPER - CITY OF LUBBO All distances shown are surface distances. DRAWN BY: B. BURROW SURVEY DATE: 3-5,e Bearings shown are grid bearings based on the Texas SURVEYED BY. J.M. MARTIN CHECKED BY: G. WILSON State Plane Coordinate System, North Central Zone, FILE: PAR79.d n FILE NO. 35,760 1 SHEET 10 NAD83 Datum. This survey and ollinformotion hereon is for the exclusive use of va-mm LNG % WS SKIM.K. CITY OF LUBBOCK 3330 701h ST..WTE M -UJIM c. TX. Tau and shall not be copied or used except for the purpose for which Ieosi M-0= - FAX IBM) 7Y -IM it is expressly furnished. this drawing and all copies (partial or 40 complete) shall be returned to the owner upon demand. - F1? 4-(;,G 7.- 0 Exhibit C Locations of Surface Pipeline Equipment 0 No Text No Text 0 0 Resolution No. 2010-RO608 Exhibit D Pipeline Safety Guidelines So long as the Easement is in effect, Grantee personnel shall comply with the following safety and security regulations for the Easement, as well as applicable laws and regulations: 1. Except during construction or maintenance of the Pipeline, driving within the Easement Area is limited to use of currently established roadways, if any, and any trail roads constructed by Grantee on non -cultivated lands. 2. Smoking outside vehicles within the Easement Area or lands or premises is prohibited. 3. No firearms, drugs, or alcohol are permitted in the Easement Area and no photographs may be taken in the Easement Area except in connection with Permitted Uses and for no other purposes. All commercial photography and the sale of any photographs taken from the Easement Area or surrounding lands of Grantor are expressly prohibited. 4. Pedestrians and non -motorized traffic have right-of-way over motorized traffic 5. The maximum speed limit within the Easement Areaisase twenty (20) miles per hour; however, much slower speeds are necessary in congested 6. Use horn for safety at blind corners and when passing. 7. Use established hand signals or turn indicators 8 Observe all signs including pipeline markers. 9. Come to complete stop on entering or leaving gates within the Easement Area. 10. All persons entering the Easement Area must be fully clothed. 11. No debris or trash shall be discarded on the Easement Area or the Temporary Easement Area. 0 0 Exhibit E Gate Construction Detail and Specifications 00 0 I'D 0 P4 1 0 0 N O z rr O .H JJ O U3 N P4 W n LA i W a N g N N .m p NE VW s 12 w W ,r 7C.; axO� EASE 2011008530 RETURN, V IP 23 PGS FILE N� EXASx-17_LS COWANY Resolution No. 2010-RO608 EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK Milton Wolbrueck as his sole and separate property, with a street address of 1851 CR 126, Georgetown, TX 78626, Mamie Ruth Wolbrueck Richter as her sole and separate property. with a street address of 221 Princess Terrace, Sunrise Beach, TX 78643, Albert Wolbrueck as his sole and separate property, with a street address of 2555 CR 192, Georgetown, TX 78626 and Anita Wolbrueck Rode as her sole and separate property, with a street address of 3351 CR 124, Georgetown, TX 78626, (hereinafter referred to as the "Grantor" whether one or more) for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13th Street, Lubbock. Texas 79401, the receipt and sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto Grantee the following described perpetual exclusive easement, servitude and right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon, across and within the following described lands, described in Exhibit A (hereinafter called the "Lands") situated in Lubbock County, Texas: Pipelines and Equipment Grantor hereby grants to Grantee a perpetual exclusive Easement to survey, construct, reconstruct, install, upgrade, operate. inspect, maintain, alter, relocate, replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test stations, pipeline markers, fence gates, impressed current deep well anode stations with power supplies, flow meters, system communication lines and splice boxes, pipeline trail road on non cultivated areas, and equipment and facilities related thereto, or any pant thereof (hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of water through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall be 60 feet wide, as described in Exhibit A as attached hereto. Further, a temporary construction Easement is hereby granted adjacent to the perpetual exclusive Easement which shall be an additional 60 feet. as described in Exhibit A as attached hereto. The temporary Easement shall terminate upon completion of all construction activities related to that portion of the Pipeline System that requires said temporary Easement as described in Exhibit B as attached hereto. Exhibit A is attached hereto and incorporated herein, and hereby made a part hereof by reference to describe the Fasement and the Lands. ( I:iS Fasement is specifically made by Grantor and accepted by Grantee subject to the folly wing 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 Wolbrueck -- Pipeline Easement Agreement along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (c) the right to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water transportation. Grantee shall use the Easement for the Permitted Uses and Pipeline System and for no other purposes or uses. 2. Grantee covenants and agrees that its use of the Easement and its operations conducted thereon shall, to the best of Grantee's ability, at all times comply with all applicable local, state and federal laws, orders, rules, regulations, standards, licensing, permitting and other legal requirements including, without limitation, all environmental laws, orders, rules, regulations, standards, licensing and permitting (the "Legal Requirements") and Grantor's rules and regulations as shown on Exhibit C attached hereto, particularly, but not limited to, those regarding safety, cleanup and distribution and removal of soil, rock and/or trees. Grantee agrees to construct the Pipeline System, in compliance with all Legal Requirements, and with due care for Grantor's property, business and operations. Fences and gates installed by Grantee shall meet the specifications described in, and be installed as specified in, Exhibit D attached hereto and made a part hereof. Grantor and Grantee shall each conduct its activities in such a manner as to not unduly interfere with or cause a disruption to the other's business, operations and property or those of other third parties entering or crossing the Easement. In the event it is discovered that Grantee is in violation of any portion of the Legal Requirements. Grantee agrees to commence, upon receipt of written notice of such violation, the process of curing such violation so that Grantee will be in compliance with this subparagraph. Upon completion of any construction project that is part of the Pipeline System and upon completion of any record survey, Grantee shall provide a copy to Grantor of the record survey showing the location of the Easement and Pipeline System and all other installed assets on the Grantor's lands. Grantee is required to restore the surface of Grantor's land to its pre -construction condition as nearly as possible. 3. If Grantee should abandon the Pipeline System, then this Easement and the rights herein granted shall automatically terminate and revert to, and become property of, Grantor, its successors and assigns. Grantee may abandon the Pipeline System solely by a formal resolution of its governing body that authorizes the abandonment of the Pipeline System and that further resolves that Lake Alan Henry is no longer necessary as part of Grantees water supply. Any such abandonment will not be effective until it is evidenced by notice in writing, signed by the Grantee's official representative, and filed of record in the county where the Lands are located. 4. The Easement Term is hereby defined as the period of time beginning with the granting of the Easement and continuing until such time that the Easement is abandoned by Grantee. Wolbrueck -- Pipeline Easement Agreement 5. Grantee shall at all times during the Easement Term, at Grantee's sole cost and expense, keep the Pipeline System in a safe and properly maintained condition. Grantee shall promptly make all necessary or appropriate repairs, replacements and renewals of the Pipeline System, and keep and maintain the Pipeline System in good order, condition, and repair (ordinary wear and tear excepted), and in such condition as may be required by applicable Legal Requirements. Grantee shall keep the Easement in good order, condition and repair following any work related to Permitted Uses on the Pipeline System. 6. Grantee shall be responsible for obtaining all permits necessary to construct and operate the Pipeline System on the Easement. Without limiting the foregoing, and to the extent required, Grantee will secure and maintain any and all environmental permits required by the Texas Commission on Environmental Quality covering the Easement. Grantee will provide Grantor with a copy of Grantee's environmental permit(s), if applicable, and notify Grantor of any proposed changes to said permit(s). 7. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. Before a fence is cut by Grantee, it shall be properly supported on either side of the contemplated opening by suitable posts and braces 8. The Pipeline System shall initially be buried at least 36" below the surface so it does not interfere with current cultivation of the soil at the soil levels as they exist at time of execution of this Easement. Following completion of construction, the surface area shall be returned to its preconstruction condition as nearly as practicable. If any of the property shall be grassland, Grantee shall apply grass seed with a native mix from seed that is available and that is the same as existing native grass or comparable to the native grass in the disturbed area. Any Pipeline Equipment that will be installed above plow depth on cultivated lands shall only be installed at the locations identified on Exhibit C or, if no locations are specified on Exhibit C, at such other locations that will not interfere with farming activities and which are approved in writing by Grantor, such approval not to be unreasonably withheld. 9. This grant of Easement shall not preclude the right of Grantor to cultivate, use, and enjoy the Lands for any purposes which will not constitute an interference with the Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's property. However, the right reserved by Grantor as to the perpetual Easement shall not include the right to erect any buildings, reservoirs, structures, or other improvements on the perpetual Easement without the advance written permission of Grantee. 10. Subject to the limitations set forth in this paragraph, the Easement is non- exclusive and Grantor shall at all times have the right to (i) use and enjoy the Easement Area for any purpose not specifically prohibited herein; (ii) grant easements and rights of way over, under, upon, across and within the Easement Area to such persons as Grantor Wolbrueck -- Pipeline Easement Agreement 3 deems proper; (iii) construct and maintain improv ements upon the Easement Area; and (iv) construct and maintain irrigation systems (including drip and overheard irrigation systems) and components and water distribution lines to cultivate and service Grantor's property (including the Easement Area), provided, however, (A) no buildings or reservoirs may be constructed upon the Easement Area, (B) improvements (other than drip irrigation lines and overhead irrigation equipment) may not parallel the Pipeline within the Easement Area, (C) all power lines, pipelines (other than drip=irrigation lines and overhead irrigation systems), and telephone and other telecommunication lines must cross the Easement Area at no less than a 45° (forty-five degree) angle, (D) underground power lines and any metallic pipelines (excluding irrigation water lines and water distribution lines used to service Grantor's property) must have a minimum separation of two feet (2') from the Pipeline and must meet industry standards in order not to adversely affect or damage the Pipeline, and (E) fences constructed by Grantor within the Easement Area must have gates installed so that Grantee at all times has access over and across the Easement Area. 11. Grantee shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of abandonment of said Easement as provided in No. 3, the title and interest herein granted shall end, cease, and terminate, and title to the Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. 12. The grant of Easement herein contained is subject to all valid and subsisting easements, leases including oil, gas and wind energy leases, and rights-of-way of record affecting the Lands. 13. It is a condition precedent to the payment to the Grantor of the sum named herein that the title to the Lands described herein shall be vested in the Grantor, subject only to the interest of Grantee hereunder and to the matters set out in Paragraph No. 12 hereof and to such other defects, interests, or encumbrances as may be waived in writing by Grantee. Grantor shall provide to Grantee an executed release from any lien holder, tenant, lessee, or other party having an interest in the Easement prior to payment of the compensation called for in Paragraph No. 16 hereof. 14. Grantor shall procure and have recorded without cost to Grantee all assurances of title and affidavits which the Grantor may be advised by Grantee are necessary and proper to show in Grantor title sufficient to grant the above easement free and clear of encumbrances other than those encumbrances expressly defined herein. Abstracts or certificates of title or title insurance may be procured by the Grantee at its expense. The expense of recording this Easement shall be borne by Grantee. Grantor agrees to cooperate and aid Grantee, if necessary, to obtain any curative documents needed. 15. If Grantee, in its sole discretion, determines that the Easement conveyed to Grantee and described herein should be acquired by judicial procedure, either to procure a safe title or for any other reason, then Grantor and Grantee hereby stipulate that the ultimate award to the Grantor for the Easement conveyed to Grantee and described Wolbrueck -- Pipeline Easement Agreement 4 herein, shall be the same as the purchase price hereinafter stated in Paragraph No. 16, but should the Grantor own a lesser interest than that Easement conveyed to Grantee and described herein, such award shall not exceed that portion of the purchase price stated in Paragraph No. 16 which the value of such lesser easement conveyed to Grantee bears to the value of the entire Easement described herein. 16. As complete consideration for the above grant of easement and for all the rights and privileges granted to the Grantee in this agreement, Grantee agrees to pay Grantor the one time sum of TWENTY THOUSAND FOUR HUNDRED EIGHT -NINE and 47/100ths Dollars ($20,489.47). 17. "Grantee" when used in this instrument, shall include The City of Lubbock's officers, agents, servants, employees, representatives, contractors, independent contractors, subcontractors, and/or their equipment or vehicles. 18. Words of any gender used in this agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 19. A. To the extent permitted by law, Grantee hereby assumes all liability for, and agrees to indemnify, defend and hold Grantor harmless from all claims, demands, fines, damages, liabilities, losses, costs, expenses (including without limitation reasonable attorneys' fees and court costs), that may be suffered or incurred by Grantor, on account of injuries to or death of any persons, or damage to or destruction of any property, occurring on the Easement after the effective date of this agreement to the extent caused by Grantee's or its employees, contractors, or agents negligence or willful misconduct. B. When any losses, claims, demands, or causes of action of the types described in Section A of this paragraph are the result of joint or concurrent negligence or willful misconduct of Grantee or their respective employees, contractors or agents, each party's duty of indemnification will be in proportion to its allocable share of such joint liability to the extent permitted by law, as determined by a court of competent jurisdiction. C. A dispute related to claims for damages accruing under the terms hereof shall not be cause for the termination of the easement and/or any rights granted hereunder, and Grantor shall be solely limited to the remedy of actual money damages for such claims. subject to those limitations contained in paragraph 26 hereunder. 20 Grantee agrees to the extent permitted by law to release, indemnify, defend, and hold Grantor harmless from and against all claims, losses, damages, costs (including legal costs), expenses and liabilities of whatsoever nature arising from pollution or contamination emanating from the Pipeline System and equipment of Grantee arising from or relating to the performance of this agreement (the "Grantee pollution liabilities"). For the avoidance of doubt, "Grantee pollution liabilities" shall Wolbrueck -- Pipeline Easement Agreement 5 exclude any such pollution liabilities arising from any condition existing before the effective date of the Easement. Grantor agrees to release, indemnify, defend, and hold Grantee harmless from and against all claims, losses, damages, costs (including legal costs), expenses and liabilities of whatsoever nature arising from (I) pollution emanating from the property and equipment of Grantor, (II) any condition existing before the effective date of the Easement, (III) pollution or contamination migrating or having migrated on, under, or to the Easement from any other location, and (IV) the possession, occupation or use of the remaining portions of the Grantor's adjacent property. 21. It is understood and agreed that this Easement is not a conveyance of the fee estate for any of the Lands covered hereunder, but is only an easement through, over, under, upon, across and within the Lands. 22. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 23. This Easement contains the final and complete expression of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Easement may be modified in writing only, signed by the parties in interest at the time of the modification. 24. In case any one or more of the provisions contained in this Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 25. Any notices or demands provided to be given herein by the parties shall be in writing and mailed by certified or registered mail to the other party at the address set forth above. Any notice or demand shall be deemed to have been received the earlier of five (5) days after the date of mailing or the date of actual delivery as shown by the addressee's certification or registry receipt. 26. Limitation on certain types of damages. Neither party shall be liable to the other party or any of such party's affiliates in any action or claim, including without any limitation, any action or claim for indemnity under paragraphs 19 and 20, above, for loss of profit, loss of product, loss of use, or for indirect, consequential, punitive, exemplary, special or other similar types of damages, regardless of how caused and regardless of the underlying theory of recovery, and even if caused by the sole or concurrent negligence of the responsible party. 27 Grantee agrees not to interfere with Grantor's rights to cultivate, use and enjoy the lands for any purpose, except as limited herein, provided that any such operation or use by Grantor, or Grantor's heirs, successors or assigns, shall not interfere with or endanger the operations or integrity of Grantee's Pipeline System and Permitted Uses. Additionally, the Grantor will not construct any facilities or perform any activities Wolbrueek -- Pipeline Easement Agreement 6 in or around the Easement and Lands that may violate federal and state regulations regarding the protection of drinking water supplies and facilities that convey such water. Grantor and Grantee agree and hereby give notice to any subsequent mineral, water, wind or energy lessee or grantee of any interest overlying or underlying the Lands owned by Grantor and the Easement, that Grantee will be operating the Pipeline System as a Permitted Uses as defined herein, and that no drilling, mining or other operation shall be conducted on or in the vicinity of the Easement and Lands which would interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. Further, no structure shall be placed on the Easement, which would interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. A. To the extent that Grantor owns any portion of the mineral and/or royalty interest under the Lands defined herein, Grantor surrenders and releases its surface drilling rights and all other rights of surface use of the Easement and Lands incident to the production of oil, gas, hydrocarbons, minerals, wind energy, and water production subject to the following exception and limitation: i) Grantor reserves and excepts from this release and retains for itself, its successors and its successors -in -interest, all rights to explore for, to drill and produce oil, gas and other hydrocarbons underlying or situated beneath the Easement and Lands by any means whatsoever, including wells directionally drilled from surface location on nearby lands so long as no surface operations are performed on the Easement and so long as such operations will not interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. ii) Grantor shall include the surface use restrictions and covenants provided herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind rights or interests and water rights or interests. 28. Grantee shall have the right to approve the location and means of future third -party pipelines which will cross Grantee's pipeline system. Grantee will not withhold reasonable crossing requests, but will act in a manner to protect Grantee's pipeline system. TO HAVE AND TO HOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the terms and conditions hereof. [ Signatures of the Parties on Next Page ] Wolbrueck -- Pipeline Easement Agreement EXECUTED thi day of C -k 1, 2011 ("Effective Date") GRANTOR: G✓ MILTON WOLBRUECK as his sole and separate property MAMIE RUTH WOLBRUECK RICHTER as her sole and separate property A��1p - / AE -BF -KT T WOL ' ECK as his sole and separate property -, --- ANITA WOLBRUECK RODE as her sole and separate property GRANTEE: The City of Lubbock Name: ! y m MorHn Title: M [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: mw Aa= Marsha Reed, P.M., Chief Operations Officer Wolbrueck -- Pipeline Easement Agreement 8 4- EXECUTED this qday of v\- , 2011 ("Effective Date"). GRANTOR: MILTON WOLBRUECK as his sole and separate property MAMIE RUTH WOLBRUECK RICHTER as her sole and separate property ALBERT WOLBRUECK as his sole and separate property ANITA WOLBRUECK RODE as her sole and separate property GRANTEE: The City of Lubbock By: / Name: rY%�1" Title: l�; ✓ [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: MaAA�tl- 0 0 0 Marsha Reed, .E., Chief Operations Officer Wolbrueck — Pipeline Easement Agreement 8 APPROVED AS TO FORM: Terry Granth Attorney yl STATE OF TEXAS § COUNTY OF A" — § This instrument was acknowledged before me on IOA'vk2011, by MILTON WOLBRUECK. •.� DEBRA MARSHALL +. K,War ; PuN!e, Stat of Texas 1.t,+ Cojz , ftlon Eons LONE27 2013 NATE OF TEXAS COUNTY This instrument was acknol RUTH WOLBRUECK RICHTER. STATE OF TEXAS, COUNTY OFUV 16 I I&MSCA-" Notary Public, State of Texas Printed Name of Notary My commission expires: on , 2011, by MAMIE Notary Public, State of Texas Printed Name of Notary My commission expires: This instrument was acknowledged before me on2011, by AT.BF.RT WOT,BRUECK. ll O m' N Mub tate of T PrintdNlme of Notary My commission expires: Wolbrueck -- Pipeline Easement Agreement 9 VVI -1 - �-� :�op.e�n: i Ct,;t00� exas '* ';* (lotary E uU!I t r 1 :mow; My Commission Ex! SEPTEMBER 02, 2 01 APPROVED AS TO FORM: �i��/A i�r �Attorney /1 Terry Granth .i/ OF TEXAS COUNTY OF This instrument was MILTON WOLBRUECK. STATE OF TEXAS COUNTY OF..t me on 2011, by Notary Public, State of Texas Printed Name of Notary My commission expires: This instrument was acknowledged before me on 2011, by MAMIE RUTH WOLBRUECK RICHTER. I(SMyComm.Exp. SHANNON LYNN BRODOSKiNotary Publiu Notary Public, Stat of Texas STATE CF TEXAS03-30-2012 Printed Name of Notary '��^ My commission expires: ool)N TE OF TEXAS § COUNTY OF § This instrument was ALBERT WOLBRUECK. me on Notary Public, State of Texas Printed Name of Notary My commission expires: Wolbrueck -- Pipeline Easement Agreement 9 2011, by STATE OF TEXAS COUNTY OF U i lam. ►r,�5 This instrument was acknowledged before me on [ , 2011, by ANITA WOLBRUECK RODE. • •�, DEBRA MARSHALL r t :Mara Pu tle, State of Texas <�r`CcKa111t*bn STATE OF TEXAS COUNTY OF LUBBOCK Notary Public, State of Texas Printed Name of Notary My commission expires: This instrument was acknowledged before me on a,va-, I l , 2011, by TOM MARTIN on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. ELISA SANCHEZ Notary Public, State of Texas My Commission Expires 11.07.2011 swrj� Notary Public, State of f �[� 07l5G-- SrnChe-,t Printed Name of Notary My commission expires: -07 olb Exhibits: "A" - Centerline Metes and Bounds Description of Pipeline System "B" - Survey Plat(s) of Centerline of Pipeline System "C" - Location of Surface Pipeline Equipment "D" - Pipeline Right -Of -Way Safety Guidelines "E" - Gate Construction Detail and Specifications Wolbrueck -- Pipeline Easement Agreement 10 Exhibit A Centerline Metes and Bounds Description of the Easement Area EXHIBIT `"A" PARCEL NO. 79 MILTON WOLBRUECK & MAMIE RUTH WOLBRUECK RICHTER • Field Notes. describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in the Northwest Quarter of Section 73, Block S, Lubbock County, Texas and said pipeline centerline being described as follows: Beginning at a 1/2" iron rod with cap, set in the East line of said Northwest Quarter of said Section 73, Block S, for the beginning of this description, from whence a 1/2" iron rod found for the Southeast corner of said Northwest Quarter of said Section 73, Block S, bears South 1011'40" West, a distance of 731.21 feet, said point of beginning having a project coordinate of Y = 7230038.83 and X = 976700.40; Thence North 49040'34" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 2944.95 feet to a point; Thence North 0°00'00" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 102.94 feet to a 1/2" iron rod with cap, set in the North line of said Northwest Quarter of said Section 73, Block S, for the end of this description, whence a 3/8" rod found for the Northwest corner of said Northwest Quarter of said Section 73, Block S, bears North 87°33152" West, a distance of 350.03 feet. Containing 184.72 rods. (4.20 acres) The above described Sixty -Foot (60') wide permanent pipeline easement is also subject to a Sixty - Foot (601) wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the accompanying survey plat and said temporary construction easement contains 4.05 acres of land. The said temporary construction easement shall expire as noted in the easement agreement. Notes: 1. A survey plat of even survey date herewith accompanies this legal description. 2. Surveyed on the ground March -May, 2009 3. Bearings shown are grid bearings based on the Texas State Plane Coordinate System, Texas North Central Zone, Nad83 Datum. 4. All distances shown are surface distances. S. Surface adjustment factor for entire projecL is 1.0002396 6. Field notes revised January 25, 2010 co ltP Registere rofessional Land Surveyor ....OAFiY 6 V�,... • O Date:2 HIGH-TECH LAND AND GPS SURVEYORS, INC. F1344 G P '3 Z 3330 70th St, Suite 202 • Lubbock, Texas 79413 Exhibit B Survey Plat(s) of Centerline of Pipeline System 71 FD.%" ROD% 71 N 0100100" 1 10294° Dean Vordemon Vol. 6899. Pg. 183 N W 00 N 0 • i EXHIBIT 'B ' 72 City of Lubbock 50.03' . W -D-'2008-38584 N. 87.33'52" W 2637 FD -Y2" ROD W/CAPS Milton Wolbrueck & 60' Temporary \ Mamie Ruth Wolbrueck Richter Const- Esmt, 4M Ac. �9; \ Vol. 6641 Pg. 265 60' Permonent Eosement 184.72 Rods - Permonent E&W. � f4.20 Ac.- Permanent EsmtJ \ 5N� N. W. 5615t ION 73) bL OGK I.0000GK GOUNTY) t6XA5 �����• N 8 7 a 32'38'° W 2637.8' •- Set ��/2" Rod With Cop A legol description of even survey dote herewith accompanies this survey plot. Sv yed on the ri d ch -May, 20 /w FYI Register Pr ofessionol Land Surveyor , Dote 2 Revised alignment January 25, 2010 P.0.6 — Y-7230038.83 X-976700.40 101 n rril FD.'/2" ROD I -_ o i --- N W ® E S All Northings and Eastings shown ore project coordinates and may be converted to Texas State Plane Coordinates, North Central Zone, NAD83 by dividing by a surface SCALE: 1' - 600' REVISION 1- adjustment factor of 1.0002396 CLIENT: PARKHILL, SMITH & All distances shown are surface distances. DRAWN BY: B. BURROW Bearings shown ore grid bearings based on the Texas SURVEYED BY: J.M. MARTIN State Plone Coordinate System, North Central Zone, FILE: PAR79.d n JF1 NAD83 Datum. This survey and allinformation hereon is for the exclusive use of CITY OF LUBBOCK and sholl not be copied or used except for the purpose for which it is expressly furnished. this drawing and all copies (portiol or complete) shall be returned to the owner upon demand. - CITY OF LUBBOCK 2VEY DATE: 3-5,2009 .ED BY: G. WILSON 15.760 1 SHEET t OF 2 I%iVIM -MA IMG % 73 SMIM.K. 3370 70th ST..SUTE 202 - LUB800C. TX. 704 U 18061 788-0070 - FAX (808) M-" F Z. 0 Exhibit C Locations of Surface Pipeline Equipment 0 No Text No Text Exhibit D Pipeline Safety Guidelines So long as the Easement is in effect, Grantee personnel shall comply with the following safety and security regulations for the Easement, as well as applicable laws and regulations: 1. Except during construction or maintenance of the Pipeline, driving within the Easement Area is limited to use of currently established roadways, if any, and any trail roads constructed by Grantee on non -cultivated lands. 2. Smoking outside vehicles within the Easement Area or lands or premises is prohibited. 3. No firearms, drugs, or alcohol are permitted in the Easement Area and no photographs may be taken in the Easement Area except in connection with Permitted Uses and for no other purposes. All commercial photography and the sale of any photographs taken from the Easement Area or surrounding lands of Grantor are expressly prohibited. 4. Pedestrians and non -motorized traffic have right-of-way over motorized traffic 5. The maximum speed limit within the Easement Area is twenty (20) miles per hour; however, much slower speeds are necessary in congested areas. 6. Use horn for safety at blind corners and when passing. 7. Use established hand signals or turn indicators 8 Observe all signs including pipeline markers. 9. Come to complete stop on entering or leaving gates within the Easement Area. 10. All persons entering the Easement Area must be fully clothed. 11. No debris or trash shall be discarded on the Easement Area or the Temporary Easement Area. 9 Exhibit E Gate Construction Detail and Specifications �Da••q: m_�fa 1 3" MA m O 9 iq •o