HomeMy WebLinkAboutResolution - 2015-R0154 - Accept Easement - NW Water Reclamation Project - 05/28/2015Resolution No. 2015-RO154
May 28, 2015
Item No. 6.13
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby accepts on behalf of the City of Lubbock an
Easement as described on Exhibit "A" attached hereto and incorporated herein by
reference, located in Section 5, Block JS, Lubbock, Lubbock County, Texas, for the
Northwest Water Reclamation Project, and 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.
THAT the consideration for the Easement shall be $712.25 and that closing costs
shall also be paid in connection with the purchase of the property, said payments
approved herein.
Passed by the City Council on May 28, 2015
t_�6
1141
GLEl C. KOERTSON, MAYOR
ATTEST:
Reb ca Garza, City Secretary
APPROVED AS TO
P.E., Director of Public Works
gw &;,-/
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, City Attorney
RES.Easement-Parcels 3 & 3A
5.5.15
Resolution No. 2015-80154
F1 LE i - – - ---1-'t'-
2016012040 14 PGS EASE
mill V1 11V#1
EASEMENT
STATE OF TEXAS §
§ KNOW ALL META BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
GRANTOR, .IUI-LIEN CHOU HO, a married woman dealing in her sole and separate
property, with street address of 4002 21" Street, Suite A, Lubbock, TX 79410-1135, for a
valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at
1625 13`h Street, Lubbock, Texas 79401, the receipt and sufficiency of which are hereby
acknowledged, has granted and does by these presents grant unto Grantee the following
described perpetual exclusive easement, servitude and right-of-way, as described herein
(hereinafter called the "Easement") through, over, under, upon, across and within the lands,
described in Exhibit A (hereinafter called the "Lands" or "Easement Lands") situated in Lubbock
County, Texas.
Pipelines and Equipment
Grantor hereby grants to Grantee a perpetual exclusive Easement together with the right
to install, survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate,
replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain
(blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion
monitoring test stations, pipeline markers, fence gates, impressed current deep well anode
stations with power supplies, flow meters, system communication lines and splice boxes,
roadways, and all other equipment and facilities related thereto, or any part thereof (hereinafter
collectively called the "Pipeline System"), for and/or related to the transportation of water, waste
water and effluent through, under, upon, over, across and within the Lands. Such perpetual
exclusive Easement shall be as described herein and on Exhibit A attached hereto and
incorporated herein, and hereby made a part hereof by reference to describe the Easement and
the Lands. Further, Grantor hereby grants unto Grantee a temporary construction easement (the
"Temporary Easement") for the construction and installation of the Pipeline System through,
over, under, upon, across and within the lands located adjacent to, and abutting, the Easement
(the "Temporary Easement Area") as more specifically described on Exhibit B as well as for all
other purposes identified in 13 below. The Temporary Easement shall terminate and expire upon
the completion of all construction activities related to that portion of the Pipeline System situated
within the Easement.
For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, this Easement is specifically made by Grantor and
accepted by Grantee subject to the following terms, covenants, obligations and conditions:
I. Grantee may shall use and occupy the Easement for purposes incidental
and/or related to the Permitted Uses, including but not limited to: (a) the right to perform
all Permitted Uses related to the Pipeline System; (b) the right (for men, material, and
equipment) of unimpaired ingress and egress and regress, entry and access in, to, through,
Final Easement & Temporary Easement Form
on, over, under and across said Easement granted herein, with the right to ingress and
egress and regress to and from and access on and along said Easement, for any and all
purposes necessary and or incident to 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/waste water/effluent transportation.
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 a prudent
manner and with due care for Grantor's property, business and operations. 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.
3. 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 the Pipeline System as identified herein. The rights
granted to Grantee herein may be abandoned solely by a formal resolution of its
governing body that authorizes the abandonment of the Pipeline System. Any such
abandonment will not be effective until it is evidenced by notice in writing, signed by the
Grantee's official representative, and filed of record in the county where the Lands are
located.
4. The Easement Term is hereby defined as the period of time beginning with
the granting of the Easement and continuing until such time that the Easement is
abandoned by Grantee.
5. Grantor and Grantee agree that during Permitted Uses related to the
Pipeline System, any and all trees, dirt, raw materials, timber, spoil piles, excess dirt,
wood, bushes, shrubs and brush, and other debris materials resulting from site preparation
cleared from the Easement shall, be removed by Grantee from Lands and from Grantor's
property.
6. Grantee shall keep the Easement in good order, condition and repair
following any work related to Permitted Uses on the Pipeline System. Notwithstanding
anything contained herein to the contrary, although the Grantee may reconstruct any
roadway crossed by Grantee in exercising its rights hereunder, Grantee assumes no
maintenance for any road reconstructed as a result of Grantee's use of the Easement and
Grantee expressly waives same.
7.
Grantee
shall be responsible for obtaining all
permits
necessary
to
construct
and operate
the Pipeline System on the Easement.
Without
limiting
the
foregoing,
and to the
extent required, Grantee will secure and
maintain
any and
all
Final Easement & Temporary Easement Form 2
environmental permits required by the Texas Commission on Environmental Quality
covering the Easement.
8. During construction of the Pipeline System, Grantee shall provide
reasonable access to Grantor's property. Within the Easement, Grantee shall have the
right to cut fences and install gates to enable Permitted Uses for the Pipeline System.
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 at the sole discretion of the Grantee.
10. Grantee shall exercise due care and diligence in the use of the rights and
privileges herein granted to it. In case of abandonment of said Easement as provided in 3
above, 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.
11. Grantor warrants and represents that the title to the Lands described herein
are vested in the Grantor, free and clear of any liens and/or encumbrances. Grantor shall
provide to Grantee an executed release from any lien holder, tenant, lessee, or other party
having an interest in the Lands.
12. 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 home by Grantor. Grantee
agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents
needed.
13. Grantee shall have the right to use Grantor's property located immediately
adjacent to the Easement and as described on Exhibit B attached hereto and incorporated
herein as thought set forth verbatim for the following:
A. detouring around natural impediments within the Easement; or
B. the construction, maintenance, repair and removal of the Pipeline System
within the Easement.
14. "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.
Final Easement & Temporary Easement Form 3
15. 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.
16. 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.
17. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
18. 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.
19. 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.
20. 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.
21. 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
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.
A. To the extent that Grantor owns any portion of any mineral estate,
leasehold estate and/or royalty interest of any kind or character under the Lands defined
herein, Grantor surrenders and releases its surface drilling rights and all other rights of
surface use of the Easement and Lands incident to the production of oil, gas,
hydrocarbons, minerals, wind energy, and water production subject to the following
exception and limitation:
i) Grantor reserves and excepts from this release and retains for itself, its
successors and its successors -in -interest, all rights to explore for, to drill and
produce oil, gas and other hydrocarbons underlying or situated beneath the
Easement and Lands by any means whatsoever, including wells directionally
Final Easement & Temporary Easement Forth 4
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.
22. Grantee shall have the right to approve the location and means of future
third -party pipelines which will cross Grantee's pipeline system and come within the
Easement. Grantee will not withhold reasonable crossing requests, but will act in a
manner to protect the Grantee's Pipeline System and Grantee's Easement.
23. Unless determined by an outside engineer to be impractical due to the
existence of rock or material elevation change, all ditching shall be in accordance with
the "double ditch" method whereby the top twelve inches (12") of soil (the "Top Soil")
shall be removed from the Pipeline System trench (the "Trench") and stored in a pile that
is segregated from all other material and debris, and the remaining soil (the "Bottom
Soil") shall be removed from the Trench and stored in a pile that is segregated from the
Top Soil. When the Trench is refilled after the Pipeline System has been laid and the
Pipeline Equipment installed, the Bottom Soil shall be placed in the trench first leaving
room to fill the uppermost twelve inches (12") of the Trench to be filled with Top Soil.
Top Soil shall be used to fill the remainder of the Trench. Any Bottom Soil remaining
after filling the Trench shall be removed from the Easement and disposed of off of the
property of Grantor. As stated above, single ditching shall be allowed in all areas where
"double ditching" is impractical (as determined by an outside engineer) due to the
existence of rock or material elevation change.
24. All requirements and obligations of Grantor and Grantee relating to the
Easement shall also apply in all respects to the property described in Exhibit B.
25. Nothing contained herein shall be construed as a waiver by the Grantee of
immunity of any kind or type, including without limitation, waiver of immunity from
liability and immunityfrom suit, and the Grantee shall retain all such immunities, except
as may be otherwise waived pursuant to applicable laws of the United States or State of
Texas.
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 ]
Final Easement & Temporary Easement Form 5
Resolution No. 2015-R0154
EXECUTED this 27a' day of April, 2015 ("Effective Date").
ATTEST:
""
Reb cca Garza, City Secret y
AS TO
APPROVED
Ryan J.
[ii:7_VYIL�]:ii
IENROU`HO
GRANTEE:
The City of Lubbock
IC
Title: Mayor
[Acknowledgements of the Parties on Next Page]
Final Easement & Temporary Easement Form
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on April 27, 2015, by JUI-LIEN CHOU HO.
O'OaY
AnftaACorning ,
My Commission Expires yy
J� om1211412015 4
OF �
>„s
STATE OF TEXAS
COUNTY OF LUBBOCK
Notary Public, State of Texas ^
19b: +A 1q. `oyn;nl
Printed Name of Notary
My commission expires: 1 Z /y /a
This instrument was acknowledged before
ROBERTSON on behalf of the City of Lubbock,
said Texas Home Rule Corporation.
me on , 2015, by GLEN
. Texas Home/Rule Corporation on behalf of
114ZI � � ^p e`F� , N Public, State o
�..N:
Printed ame of Notary
My commission expires: &12g14(0
Final Easement & Temporary Easement Fom 7
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Final Easement & Temporary Easement Forth
Lor343
Oe
NORTHWEST WATER RECLAMATION PROJECT
Parcel No. 3 - Permanent Easement
PERIMETER SURVEY OF A 0.043 ACRE TRACT LOCATED IN
SECTION 5, BLOCK JS
LUBBOCK COUNTY, TEXAS
ITASCA STREET
(PA4FD1
LOT.S44 1 4079 345 LOT 39S COT 346
A 344
Curve #
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FR. /r -OF -WAY
9rA 7F TEXAS
NT. TO/, M. /4/
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.
March 7,2014
�.�
1 E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
rAgLFL 3-A
a,
Curve
OS�
Curve Table
Curve #
I Radius I Chord Direction I Chord Distance
CI
439.06' I Na9°4743"E I 2020'
b
1
I 99. 654 ACRES
4 I LUBBOLW OUAKER, L 7D.
KK. 7993, PG. 85
POINT 0t BEGINNING
'C Pp��pPo
0� ,Zg9 �eP
V
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.
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
O - SET 1/2" IRON ROD WITH CAP
• - FOUND 5/8" IRON ROD
0 - FOUND 1/2" IRON ROD WITH CAP
0 - FOUND 1/2" IRON ROD
O - FOUND 1/2" SQUARE METAL TUBE
A legal description of even survey date
herewith accompanies this plat of survey. Sheet 1 of 2
I.JFtHUGO REEDI
AND ASSOCIATES, INC.
PHONE: 806/763564:
FAX: 806/ 7633891
Inc. for the wle uw of Title Co.
Line Table
Line #
Direction
Length
Ll
NW 14' 26"W
93.84'
L2
988° 14' WE
91.00'
L3
S01° 41' 4d'W
20.00'
b
1
I 99. 654 ACRES
4 I LUBBOLW OUAKER, L 7D.
KK. 7993, PG. 85
POINT 0t BEGINNING
'C Pp��pPo
0� ,Zg9 �eP
V
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.
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
O - SET 1/2" IRON ROD WITH CAP
• - FOUND 5/8" IRON ROD
0 - FOUND 1/2" IRON ROD WITH CAP
0 - FOUND 1/2" IRON ROD
O - FOUND 1/2" SQUARE METAL TUBE
A legal description of even survey date
herewith accompanies this plat of survey. Sheet 1 of 2
I.JFtHUGO REEDI
AND ASSOCIATES, INC.
PHONE: 806/763564:
FAX: 806/ 7633891
Inc. for the wle uw of Title Co.
NORTHWEST WATER RECLAMATION PROJECT
Parcel No. 3 - Permanent Easement
PERIMETER SURVEY OF A 0.043 ACRE TRACT LOCATED IN
SECTION 5, BLOCK JS
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.043 acre parcel located in Section 5, Block JS, Lubbock County, Texas,
being a portion of 0.704 acre tract described in Volume 9322, Page 26, Official Public Records, Lubbock County, Texas,
being further described as follows:
BEGINNING at a 1/2" iron rod with cap set in the East line of said 0.704 acre tract and the West line of a 99.654 acre tract
described in Volume 7993, Page 85, Official Public Records, Lubbock County, Texas, and in the centerline of a 40.00 foot
road easement described in Commissioners Court Minutes dated January 16, 1922, Lubbock County, Texas, also being in the
common line of Section 15, Block JS, Lubbock County, Texas, and Section 18, Block A, Lubbock County, Texas, which
bears N. 01 °41'40" E. a distance of 225.22 feet from a 1/2" iron rod found at the Southeast comer of said 0.704 acre tract,
and also bears S. 01'41'40" W. a distance of 4372.88 feet from the Northeast comer of the of Section 5, Block JS, for the
Southeast comer of this parcel;
THENCE N. 88014'26" W. at 40.00 feet pass the West line of said 40.00 foot road easement, continuing for a total distance
of 93.84 feet to a 1/2" iron rod with cap set in the West line of said 0.704 acre tract and in the East Right -of -Way of North
Quaker Avenue, as described in Volume 701, Page 141, Deed Records, Lubbock County, Texas, for the Southwest corner of
this parcel;
THENCE Northeasterly along the common line of said 0.704 acre tract and said North Quaker Avenue, around a curve to the
right having a radius of 439.06 feet, a chord bearing N. 09'4743" E. and a chord distance of 20.20 feet to a 1/2" iron rod
with cap set for the Northwest corner of this parcel;
THENCE S. 88014'26" E. at 51.00 feet pass the West line of said 40.00 foot road easement, continuing for a total distance of
91.00 feet to a 1/2" iron rod with cap set in the common line of said 0.704 acre tract and said 99.654 acre tract and in the
centerline of said 40.00 road easement, for the Northeast comer of this parcel;
THENCE S. 01'41'40"' W. along the common line of said 0.704 acre tract and said 99.654 acre tract and along the centerline
of said 40.00 foot road easement, also being the common line of said Section 5, Block JS, and Section 18, Block A, a
distance of 20.00 feet to the Point of Beginning.
Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances 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
March 7, 2014
E, 01—
Ju E.
1 –
E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
Sheet 2 of 2
1.]RHUGO REEDI
AND ASSOCIATES, INC.
CIVIL ENGINEERS LUBBOCK. TEXAS 79401
TEws uc'ErvSED Su�M FNW 10067s PHONE: 906 / 7635642
T A^, g GGTERED ENGNEMJ FlF F -M FAX: 606 / 7633691
Copyright 2014, Hugo Reed and Associates. Inc. for the sok use of nde Co.
br GF #and am other idetdifiers as iodiatrd in the w tifiate shown hereon.
Exhibit B
Legal Description of the Temporary Easement
Final Easement & Temporary Easement Form 9
NORTHWEST WATER RECLAMATION PROJECT
Parcel No. 3-A - Temporary Easement
PERIMETER SURVEY OF A 0.088 ACRE TRACT LOCATED IN
SECTION 5, BLOCK JS
LUBBOCK COUNTY, TEXAS
SCALE: I"=100' i ----
ITASCA STREET
(PAVED)
Curve Table
HDe
V rmod mrs 4 Lorrws mr,roc Curve# Radius Chord Direction Chord Distance
a Sao CI 439.06' N0551'35"E 90.10'OTS /-488Mra'-AR7YAmnav
672 P6. 447 �LLW o
X'AL YhXaAr N
I
2 I
LJ 3 al
i
Ld $
W
e I
a
� .. $ � � I 99.654 ACRS
a. LLOBOC K OUAK£R, LID.
Y PARCa L3 a I VOL. ?39J, PG. 85
a
C3 V PARCEL 3-A POINT OF BEGINNING
J
h�� L2
cm I 0-1
z $ C
LCo. -ae-
I AG4r 01 TEkA Q 2 N
ware 4 PG. M/ Styr
Q NX. rt76 PG. H/
I h) a O G
y I P
c P���
I I � Zag FIQp�IFD
I I V
I �
Note: No abstract of title or title commitment was provided to
41
K -w this surveyor. Record research done by this surveyor was made
0 only for the purpose of determining the boundary of this
'N 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 NOTES:
1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 HEAVY LINES INDICATE PLAT LIMITS.
Distances are surface, U.S. Survcy feet. O - SET 1/2" IRON ROD WITH CAP
• - FOUND 5/8" IRON ROD
Combined Scale Factor: 1.0002452 ® - FOUND 1/2" IRON ROD WITH CAP
0 - FOUND 12" IRON ROD
Surveyed on the ground. D - FOUND 1/2" SQUARE METAL TUBE
March 7, 2014 �� S T� A legal description of even survey date
- nn
co JOHN
herewith accompanies this plat of survey. Sheet I of 2
ILICI-I�IICh- JOHN E. ALLEN H D GAO ASSOCIATES. REED
JFEIIIettt
A 5895 v �.,
Registered Professional 'Y �OjOPSS1 LAND SURVEYORS 1601 AVENUE N
g .� CIVIL ENGINEERS LUBBOCK, 06 1 76 79401
Land Surveyor No. 5895 �rK TEMS UeENSEGoENYWoFIMRNI, fMAF-n PHONE: 606/76&5642
State of Texas
�V� TEX0.S REGISTEPEG ENGVEEARIGFIWA F�rIX1 FAX: 606/763389[
or GF # a d m Hugo Rad and Associates, Inc. far the sole use ofTide Co.
for GF p and any other identifiers az indirated N the eerti6wte shoum herton.
Line Table
Line
#
Direction
Length
L7
S01. 41' 40'iV
40.00'
L2
N88° 14' 26"W
96.76'
L3
586' 14' 26"E
93.84'
NORTHWEST WATER RECLAMATION PROJECT
Parcel No. 3-A - Temporary Easement
PERIMETER SURVEY OF A 0.088 ACRE TRACT LOCATED IN
SECTION 5, BLOCK JS
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.088 acre parcel located in Section 5, Block JS, Lubbock County, Texas,
being a portion of 0.704 acre tract described in Volume 9322, Page 26, Official Public Records, Lubbock County, Texas,
being further described as follows:
BEGINNING at a 1/2" iron rod with cap set in the East line of said 0.704 acre tract and the West line of a 99.654 acre tract
described in Volume 7993, Page 85, Official Public Records, Lubbock County, Texas, and in the center line of a 40.00 foot
road easement described in Commissioners Court Minutes dated January 16, 1922, Lubbock County, Texas, also being in the
common line of Section 15, Block JS, Lubbock County, Texas, and Section 18, Block A, Lubbock County, Texas, which
bears N. 01'41'40" E. a distance of 185.22 feet from a 1/2" iron rod found at the Southeast comer of said 0.704 acre tract,
and also bears S. 01'41'40" W. a distance of 4412.88 feet from the Northeast comer of the of Section 5, Block JS, for the
Northeast corner of this parcel;
THENCE S. 0104 P40"' W. along the common line of said 0.704 acre tract and said 99.654 acre tract and along the centerline
of said 40.00 foot road easement, also being in the common line of Section 15, Block JS, Lubbock County, Texas, and
Section 18, Block A, Lubbock County, Texas, a distance of 40.00 feet to a 1/2" iron rod with cap set, which bears N.
01041'40" E. a distance of 185.22 feet from a 1/2" iron rod found at the Southeast comer of said 0.704 acre tract, for the
Southeast comer of this parcel;
THENCE N. 88014'26" W. at 40.00 feet pass the West line of said 40.00 foot road easement, continuing for a total distance
of 96.76 feet to a 1/2" iron rod with cap set in the West line of said 0.704 acre tract and in the East Right -of -Way of North
Quaker Avenue, as described in Volume 701, Page 141, Deed Records, Lubbock County, Texas, for the Southwest comer of
this parcel;
THENCE Northeasterly along the common line of said 0.704 acre tract and said North Quaker Avenue, around a curve to the
right having a radius of 439.06 feet, a chord bearing N. 05051'35" E. and a chord distance of 40.10 feet to a 1/2" iron rod
with cap set for the Northwest comer of this parcel;
THENCE S. 88014'26" E. at 53.84 feet pass the West line of said 40.00 foot road easement, continuing for a total distance of
93.84 feet to the Point of Beginning.
Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances 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
March 7, 2014
E, OXO
J E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
for
Sheet 2 of 2
FILED AND RECORDED
OFFICIAL PUBBLIC RECORDS
Kelly Pinion Country Clerk
Lubbock County TEXyS
04/07/2016 01: J7 PM
FEE: $74.00
2016012040