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HomeMy WebLinkAboutResolution - 2016-R0440 - Pipeline Easement - Commissioner Of Dept. Of Aging And Disability Services - 12/15/2016Resolution No.2016-R0440 Item No.6.8 December 15,2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THATthe Mayorof the Cityof Lubbock is herebyauthorizedand directedto execute for and on behalfof the City of Lubbock,a Pipeline Easement in connection with certain properties in Lubbock County,Texas,owned by the State of Texas,acting by and through the Commissioner of the Department of Aging and Disability Services,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 City Council. Passed bytheCity Council on December 15.2016 . DANIEL M.POPE,MAYOR ATTEST: Rebecca Garza.Citv Secret APPROVED AS TO CONTENT: L.Wood FranUin.P.E..Director of Public Works Dave Booher. Right-of-Way Agent APPROVED AS TO FORM: R^nJ5rooke.Assistant City Attorney ccdocs/RES.Pipline Easement-TxDADS 11.22.16 \ (!MaM±LA File and Return to *\f^>d i +-xt inunn^n Dave Booher R.O.W.BgJX^Resolution No.2016-R0440 City of Lubbock =g Pipeline Easement Agreement (Treated Effluent Line) M STATE OF TEXAS §=jT" §KNOW ALL MEN BY THESE PRESENTS:£ COUNTY OF LUBBOCK §Sg 1.Grant of Easement.The State of Texas,acting by and through the Commissioner of the Department of Aging and Disability Services (the "Grantor"),on behalf of the Lubbock State Supported Living Center (the "Center"),by virtue of the authority granted in §533A.005 of the Texas Health and Safety Code, in consideration of good and valuable consideration representing compensation for other damages to Grantor,and the mutual benefits to be derived by the parties, GRANTS,BARGAINS,SELLS AND CONVEYS to the City of Lubbock,Texas (the "Grantee"),its successors and assigns,an exclusive easement (the "Easement")approximately 50.00 feet in width, approximately 2500 feet in length and varying in depth from the surface to 75 feet underground,under certain land (the "Easement Area")of Grantee containing the Center,out of the north half of Section 12,Block A Lubbock County, and containing approximately 221.2 acres, being 3401 North University Lubbock,Texas (the "Premises"). 2.Location of Easement Area.A plat and legal description of the Easement Area is provided in Exhibit "A,"attached to and made a part of this Easement Agreement (the "Agreement"). 3.Purpose of Agreement.Grantee will have the right to use the Easement Area for the purpose of operating,repairing,maintaining, inspecting,replacing,upgrading or removing (in whole or in part) treated effluent water pipeline(s)(the "Pipeline")for the transportation of treated effluent and all necessary and desirable appurtenances and structures to permit the Pipeline to be operated, repaired, maintained,inspected,upgraded or removed (in whole or in part)in the Easement Area.(Together, Grantee's Pipeline,appurtenances and structures specified above will be referred to as Grantee's "Equipment".) 4.Reservation.Grantor reserves the right to place,construct,operate,repair,maintain,inspect,replace or remove sidewalks,pathways,pedestrian amenities (such as benches,tables,chairs,flowerbeds, shrubbery,and other incidental improvements),driveways and parking areas in the Easement Area to the extent that such uses do not unreasonably interfere with the rights granted to Grantee hereunder; however,Grantor may not place,erect or maintain without Grantee's prior written consent,any buildings or drainage,filtration or detention ponds that would materially impair Grantee's access to its Equipment in the Easement Area for the purposes stated herein. 5.Right of Access.Grantee has the right of ingress and egress across the Premises only for the purposes set out herein.Grantee agrees to occupy the surface only to the extent and for the length of time necessary for operating,repairing,maintaining,inspecting,upgrading or removing its Equipment.Any gate or opening used by Grantee for ingress or egress in the exercise of its rights must be kept in proper condition and closed at all times other than during ingress or egress. 6.Duties.Prior to any initial or later excavation,Grantee will contact Dig-Tess,the Texas Excavation Safety System,or its successor or like entity,to have all existing utilities located.Findings will be reviewed with the Center Director or designee prior to excavation. Wii4.°oz Grantee will bury all underground components of its Equipment not less than thirty-six inches (36") below the cultivated surface, unless applicable rules, laws, codes and regulations require a greater depth. Grantee will clearly mark the location of the pipeline in a manner and to the extent such pipelines are generally marked by pipeline distribution entities. Following installation, Grantee will provide an accurate drawing to Grantor depicting the location of Grantee's underground Equipment. If Grantee damages or destroys any fences, underground utilities, irrigation systems or other equipment on or surrounding the Easement Area, or elsewhere on the Premises, other than its own personal property, Grantee must, within a reasonable period of time and at its sole expense, repair or replace the property to the extent that it will, as nearly as practicable, be in like condition as before such damage or destruction. Repairs and replacements will be subject to Center approval. The Easement Area affected by Grantee's activities will be leveled by Grantee as required by the Center so the Easement Area or Premises will, to the degree possible, be in the same condition as before Grantee's activities. Grantee will reseed areas with native seed types within sixty (60) days of the end of construction or may delay planting until it is a common season that would promote successful growth of the new grass. It shall be the responsibility of the Grantee to provide watering so as to insure the seeds have the opportunity to germinate. Grantee agrees to notify Center, in the manner set forth in Section 22, no later than three (3) business days after completion of the initial construction, and any subsequent construction, and cooperate with Center personnel in an on -site inspection. Prior to any subsequent alteration or additional construction, Grantee agrees to notify Center, in the manner set forth in Section 22, ten (10) business days prior to commencement of such activities. Grantee will provide at its sole expense any landscape maintenance that it deems necessary, including cutting or trimming grass, trees and shrubbery within the Easement Area or on the Premises, and will remove natural obstructions as necessary to keep them clear of Grantee's Equipment. Grantee will not be required to replace any trees, shrubbery or natural obstructions removed by Grantee, unless required elsewhere in this Agreement, that interfere with its use of the Easement Area after construction. All cuttings and trimmings made by Grantee will be removed from the Easement Area and Premises by Grantee. Grantee will not be responsible for the maintenance of the easement area or for the maintenance and/or replacement of landscape or improvements which the Grantor installs within the easement area, except for the reseeding as referenced herein. Grantee will adhere to all Center rules provided by Center and as may be amended by Center during the duration of the Agreement so long as such Center rules do not prohibit Grantee from those uses listed in Section 3 herein, except when legislatively mandated. Grantee will comply with all applicable federal, state and local rules, laws, codes and regulations related to the installation, operation and maintenance of its Equipment. 7. No Fee Interest Granted. This is a grant of a non-exclusive easement only, and does not grant any fee interest to the surface or any interest in the minerals, on or under the Easement Area. This conveyance is made subject to any and all outstanding easements, right-of-ways and leases covering the Easement Area 8. Duration of Agreement. This Agreement and the Easement granted to Grantee will be perpetual, beginning on the effective date, unless the Easement Area is abandoned or the Agreement is terminated. 9. Removal of Equipment. Grantee has the right to remove its Equipment at the termination of this Agreement, provided all obligations to Grantor under this Agreement are fully satisfied. Upon termination or expiration Grantee may, if within 120 days after written notification to Grantor remove any Equipment or Pipeline improvements above existing grade (which may be attached below grade) provided Grantee caps or otherwise closes off any open piping. Grantee shall utilize its best efforts so as to not compromise the future utility of any Equipment or Piping not removed. If the Equipment is left behind by Grantee, Grantee will also leave behind all devices necessary for corrosion control. If left behind, the Equipment will then become the property of Grantor. 10. Reservation of Non -Conflicting Use of Premises. Grantor expressly reserves for its use and for the use of any agency, commission or department of the state of Texas access to the Easement Area, provided such use is not inconsistent with the rights of Grantee. It is further agreed that Grantee will comply with the Antiquities Code of Texas, Tex. Nat. Res. § 191, et seq. and Grantee further agrees that title to archaeological objects or artifacts, if any, in, on, or under Easement Area or the Premises remain with Grantor. 11. Hold Harmless. To the extent allowed by applicable law, Grantee agrees to and will indemnify, defend and hold Grantor, its officers, agents and employees harmless from any and all claims, suits, demands, judgments, damages, penalties, fines, costs, liabilities, losses and causes of action for personal injury or death and/or damage to or destruction of property or improvements caused by, arising out of, or resulting from the exercise of rights granted to Grantee, its employees, agents, or other persons acting under Grantee's direction. Grantee further agrees to pay all expenses, costs, and attorney's fees, consultants' fees and experts' fees associated with such claims, suits, demands, judgments, damages, penalties, fines, costs, liabilities, losses and causes of action, as well as those incurred by Grantor in the enforcement of this indemnity provision to the extent allowed by applicable law. The provisions of this Section will survive expiration, abandonment or earlier termination of the Agreement or Easement granted herein. 12. Hazardous Waste. Grantee will not commit or suffer to be committed waste upon the Easement Area and the Premises; will keep the Easement Area and the Premises and Grantee's Equipment in good working order and repair and in a clean, safe and healthful condition; and comply with all state, federal and local laws, rules and regulations with regard to the use and condition of the Equipment on the Premises. Grantee will not use the Easement Area and the Premises or permit the Easement Area and the Premises to be used so as to cause, suffer, or allow any contamination of soils, ground water, surface water, or natural resources on or adjacent to the Premises resulting from, but not limited to, spills or leaks of oil, gasoline, hazardous materials, hazardous wastes, or other chemical compounds. Grantee is solely responsible for cleanup of any contamination resulting from violation of this provision. If the presence of hazardous materials on the Easement Area or the Premises is caused or permitted by Grantee and such materials result in contamination of the Easement Area or the Premises or if contamination of the Easement Area or the Premises by hazardous materials otherwise occurs and is related to Grantee's use, then Grantee will indemnify to the extent allowed by applicable law, defend and hold Grantor, its officers, agents and employees harmless from any and all claims, suits, demands, judgments, damages, penalties, fines, costs, liabilities or losses (including diminution in value of the Easement Area or the Premises, damages from the loss of or restriction on use of the Easement Area or the Premises or of any amenity of the Easement Area or the Premises, and sums paid in settlement of claims, attorneys' fees, consultants' fees and experts' fees) which arise during or after the Agreement or Easement term as a result of such contamination. This indemnification of Grantor by Grantee includes costs incurred in connection with any investigation of site conditions for any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material present in the soil or ground water on or under the Easement Area or the Premises. The provisions of this Section will survive expiration, abandonment or earlier termination of the Agreement or Easement. 13. Default and Termination. It is agreed upon default by Grantee of any of Grantee's covenants, conditions and agreements contained within this Easement, Grantor has the right, and such right is expressly reserved, to declare the Grantee in default; provided, however, Grantor will give Grantee written notice of its intention to terminate this Agreement and the reasons for such default, and Grantee will have one -hundred eighty-two (182) calendar days after receipt of written notice to cure the default or violation. Upon timely correction, this Agreement will remain in full force and effect. Upon termination or abandonment, Grantee agrees to file a Release of Easement in the Deed Records of the Texas county/counties where the Center and the Easement Area are located. Grantee shall notify Grantor within thirty (30) days of any when the Easement Area is not utilized for the uses listed in Section 3 herein. Grantor, in its sole discretion, may deem the Easement Area as abandoned when the Easement Area is not used for the purposes granted within Section 3 for a continuous period of one (1) calendar year, except in the case of when the Grantee provides written notice of repairs that must be completed within two (2) years from the date of first notice. Grantor reserves the right to extend any deadline within this Section. 14. Abandonment. The Easement granted herein shall be for the transportation of water, waste water, and/or effluent regardless of source, and shall continue in full force and effect unless Grantee should abandon same as identified herein, termination or expiration of the Easement. The rights granted to Grantee herein may be abandoned solely by a formal resolution of its governing body that authorizes the abandonment of the Easement. 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 Premises is located. 15. Waiver. No waiver by Grantor or Grantee of any default or breach of any term, condition, or covenant of this Agreement will be a waiver of any other term, condition, or covenant. 16. Privileges and Immunities. Grantee acknowledges Grantor is an agency of the state of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by Grantor of its right to claim exemptions, privileges, and immunities as may be provided by law. Grantor acknowledges Grantee is a local government created under the authority of the state and nothing in this Agreement will be construed as a waiver or relinquishment by Grantee of its right to claim exemptions, privileges, and immunities as may be provided by law. 17. Texas Law to Apply. This Agreement is construed under and in accordance with the laws of the state of Texas and is performable in Lubbock County, Texas. 18. Grammatical Interpretation. When the singular number is used, it also includes the plural, and the masculine gender includes the feminine and neuter genders. 19. Headings. Headings are for reference and will not be construed to limit or alter the meaning of the provisions of this Agreement. 20. Security. Grantee is solely responsible for providing sufficient supervisory security personnel to ensure the safety of its property, employees, agents and contractors. If an emergency situation arises, Grantee is responsible for immediately contacting local emergency response authorities as appropriate, and shall immediately inform the Center security officer at: 806-317-0403 of the nature and extent of the emergency situation. 21. Control. Grantee agrees that it shall not knowingly or actively engage in or allow any activity that will endanger residents or employees of the Center during the term of this Easement, or that will in any manner risk potential property damage to the Easement Area or the Premises, or that will in any manner violate any local, state, or federal law, other than Grantee performing necessary activities related to the Pipeline and Equipment contemplated herein. 22. No Alcohol Use. Possession or consumption of alcoholic beverages is strictly prohibited on the Easement Area and the Premises. 23. No Illegal Drugs or Controlled Substances. Illegal drugs and controlled substances are strictly prohibited on the Easement Area and the Premises. 24. No Smoking. Smoking is prohibited on the grounds and in buildings on the Easement Area and the Premises. 25. Firearms. Residents served in Center have intellectual disabilities and many have concurrent psychiatric diagnoses. In deference to this vulnerable population, DADS asks license holders that may be employed by the Grantee or with whom the Grantee has subcontracted or associated with, and are authorized under Government Code Chapter 411, Subchapter H, to conceal their firearm or to safely secure their firearm in their vehicle prior to entering the Easement Area and the Premises. 26. Parties Bound. This Agreement is binding upon and inures to the benefit of the Grantor and Grantee and their respective heirs, executors, administrators, legal representatives, successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). 27. Saving Clause. Should any clause in this Agreement be found invalid by a court of law, the remainder of this Agreement will not be affected and all other provisions in this Agreement remain valid and enforceable to the fullest extent permitted by law. 28. Assignment. Grantee may not sell, assign, or convey this Agreement or the Easement without the express written consent of Grantor, which will not be unreasonably withheld, and any attempt by Grantee to sell, assign, or convey this Agreement or the Easement without such consent will cause the Agreement and Easement to terminate. Any unauthorized assignment will be void and of no effect, and such assignment will not relieve Grantee of any liability for any obligation, covenant, or condition of this Agreement. This provision, and the prohibition against assignment contained herein, will survive expiration or earlier termination of this Agreement or Easement. For purposes of this Section, an assignment is any transfer, including by operation of law, to another of all or part of the interest or rights herein granted. 29. Notices. Notices to the parties shall be signed by the designated representative of the party, or its successors in interest or office, and delivered personally or sent by U.S. certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to Grantor: Department of Aging and Disability Services C/o Director, Real Estate Management HHSC Mail Code 2057 PO Box 12668 Austin, Texas 78711 with a copy to: Lubbock State Supported Living Center Attn: Director 3401 North University Lubbock, Texas 79408 (806)763-7041 If to Grantee: City of Lubbock Public Works Engineering C/o Director of Public Works 1625 13th Street Lubbock, Texas 79401 (806) 775-3000 For purposes of the calculation of various time periods referred to in this Easement, notice will be deemed satisfied on delivery by hand or deemed completed upon delivery by the U.S. Postal Service to the place giving notice to a party referred to above. The address for any party to this Easement may be changed from time to time by said party giving notice as provided above, except the Premises may not be used by Grantee as the sole notice address. No change of address by either party shall be binding on the other party until notice of such change of address has been deemed delivered until provided by one of the methods referenced above. 30. Entire Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by a subsequent written instrument, agreed to by the Grantor and Grantee. 31. Counterpart. This Easement may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 32. Effective Date. This Agreement shall become effective (the "Effective Date") upon the date it has been executed by both parties. (Remainder of page intentionally left blank.) IN WITNESS WHEREOF, Grantor and Grantee have caused this Pipeline Easement to be duly executed as of the Effective Date. GRANTOR: THE STATE OF TEXAS Department f Aging and Disability Services r By: o.,. 1 J i 7 —�_q 16 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF -rV AV IS BEFORE ME, the undersigned authority, a Notary Public in named for the State of Texas, on this day personally appeared So^. �lV e�zev�ba.�►-`^^ , acting on behalf of the Grantor, known to me to be the commissioner or an authorized representative of the agency whose name is subscribed to forgoing Pipeline Easement and acknowledge to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THISIt da of D of 2016 A.D. M G'NA GAYL.E Signa e f Notary P is -Notary publicSTATE OF TEXASmmission Exp, JUNE 23, 2018 � '-N�4�AVLIE Notary without Bond Printed Name of Notary Public My Commission Expires: (p/Z 3�/ -g GRANTEE: CITY OF LUBBOCK, TEXAS By: O Date: December 1, 2016 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OFC� Uu)ax-- BEFORE ME, the un signed authorith a Notary Public in named for the State of Texas, on this day personally appeared , acting on behalf of the Grantee, known to me to be a duly authorized officer or representative of the municipality whose name is subscribed to forgoing Pipeline Easement and acknowledge to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ja day of A.D. ���P"" P JENNIFER SOWDER CLEMENTS Notary Public, State of Texas Notary IN 12497068.3 `+ �,�$ My Commission Expires 06-28-2020 My Commission Expires: blzO� Notary Public Name of Notary Publi of 2016 Exhibit "A" Plat and Legal Description NORTHWEST WATER RECLAMATION PROJECT Parcel No. 42 - Permanent Easement PERIMETER SURVEY OF A 2.910 ACRE TRACT LOCATED IN BLOCK 1, LUBBOCK STATE SCHOOL ADDITION SCALE: 1 "=500' y sr l Flo BL ( ✓o —oC( A //UNZ dLOCKD-4— SECT101V 12 BLOCK A QQ POINT OF BEGINNI Q� N II J W II II II III II II II III II II II Ili I ° TO THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS CREST HILL TRACT 1 " VOL. 1214, PG. 378 OWNER.• HUB CITYINVESTMENTS /, L TD. VOL. 8684, PG. 128 N L4 J \ SCALE:I"=100' / PARCEL Note: No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was made only for the purpose of determining the boundary of this property and of the adjoining parcels. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. November 21, 2014 May 18, 2016; Revised parcel 42-A eC.. OIL en Professional Land Surveyor No. 5895 State of Texas P OF P S TE'�ct' JOHN E. ALLEN gressVo �5,Q;SS LUBBOCK STATE SCHOOL ADDITION BL OCK / VOL. 1143, PG. 677 OWNER.• TEXAS DEPARTMENT OF - MENTAL HEALTH AND MENTAL RETARDA RON VOL. 1143, PG. 677 BERL HUFF -MAN A THLET/C COMPLEX 286 /5 ACRES I�I VOL. 370, PG. 55 i0 ICI Line Table Line # Direction Length L1 S88° 15' 55'E 58.64' L2 S29" 45' 40"E 2526.39' L3 SO]* 47' 52"W 8.18' L4 N88° 06' 25"W 53.71' L5 N29° 45' 40"W 2535.81' TEXAS INSTRUMENTS ADD/TIC VV TRACT A VGL. 1363, PG. 977 OWNER.• X-FAB VGL. 6155, PG. 62 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP O- FOUND 1/2" IRON ROD WITH CAP • - FOUND 3" ALUMINUM CAP OO - FOUND 1 1/4" IRON PIPE A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2 Copyright 2016, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. NORTHWEST WATER RECLAMATION PROJECT Parcel No. 42 - Permanent Easement PERIMETER SURVEY OF A 2.910 ACRE TRACT LOCATED IN BLOCK 1, LUBBOCK STATE SCHOOL ADDITION TO THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 2.910 acre parcel, being a 50.00 foot wide strip, located in Block 1, Lubbock State School Addition, to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1143, Page 677, Deed Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set ( North: 7296356.87', East: 938535.22') in the North line of said Block 1, Lubbock State School Addition, which bears S. 88'15'55" E. a distance of 85.28 feet from the Northwest corner of said Block 1, Lubbock State School Addition, for the Northwest corner of this parcel; THENCE S. 88015'55" E. along the North line of said Block 1, Lubbock State School Addition, a distance of 58.64 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 29045'40" E. a distance of 2526.39 feet to a 1/2" iron rod with cap set at a point of intersection for a corner of this parcel; THENCE S. 01047'52" W. a distance of 8.18 feet to a 1/2" iron rod with cap set in the South line of said Block 1, Lubbock State School Addition, for a the Southeast corner of this parcel; THENCE N. 88006'25" W. along the South line of said Block 1, Lubbock State School Addition, a distance of 53.71 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 29045'40" W. a distance of 2535.81 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances and coordinates are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground November 21, 2014 May 18, 2016; No Description Changes e'f. 0-9, llen d Professional Land Surveyor No. 5895 State of Texas GO E�� v1 d t/, JOHN E. ALLEN 5895 h�11� 0FBSSI���'��, Sheet 2 of 2 Copyright 2016, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. FILED AND RECORDED OFFICIAL PUBLIC RECORDS * n y {� �� il i C-v'G]✓ � 0 Kelly Pinion County Clerk Lubbock County TEXAS 01/06/2017 09:18 AM FEE: $66.00 2017000754