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HomeMy WebLinkAboutResolution - 2015-R0155 - Accept Easement - NW Water Reclamation Project - 05/28/2015No. 2015-RO155 May 28, 2015 Item No. 6.14 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 18, Block A, 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 $42,032.50 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 GLEN . ROBERTSON, MAYOR ATTEST: Reb tea Garza, City Secretary APPP,OVED AS TOk<ZNTENT: P.E., Director of Public Works .CJov2 L)c�l7t� Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, City Attorney RES.Easement-Parcels 4,4-A,5 & 5A 5.5.15 },a, Kesolution No. 2015-RO155 FILEE STATE OF TEXAS § COUNTY OF LUBBOCK § 2015012039 18 PGS EASE mill h'��'�IF11411�,���IWI l���:�44l�I�i;'��'��� X1111 EASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT: GRANTOR, LUBBOCK QUAKER, LTD., a Texas Limited Partnership, with street address of 4002 21St 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'b 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 "Temporar rEasement") 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: 1. 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, on, over, under and across said Easement granted herein, with the right to ingress and Final Fasemenl & Temporan Easement Form 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 borne 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 Form 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 Forth Resolution No. 2015-R0155 EXECUTED this 27h day of April, 2015 ("Effective Date"). GRANTOR: LUBBOCK QUAKER, LTD., A Texas Limited Partnership By: LUBBOCK GATEWAY GLOBAL, LLC, its General Partner ATTEST: Lam' Printed Name: Ti; wtt Po Title: eti D l7P GRANTE The City of Lubbock By: Name: Glen C. Robertson Title: mayor Reb t ca Garza, City Secret AS TO CONTENT: [Acknowledgements of the Parties on Next Page] Final Easement & Temporary Easement Forth Resolution No. 2015-RO155 STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on April 27, 2015, by�,u• �.¢� CnowH° Manager/Director of LUBBOCK GATEWAY GLOBAL, LLC, General Partner, of LUBBOCK' QUAKER, LTD., a Texas Limited Partnership on behalf of said entity. ov , Anita A Coming 2r �+ My Commission Expires \ � 12114/2015 STATE OF TEXAS COUNTY OF LUBBOCK Notary Public, State of 1 t, 4 j I'rn.kb 01 00J n:✓r, Printed Name of Notary My commission expires: 11/)Lf) IJ This instrument was acknowledged before I ROBERTSON on behalf of the City of Lubbock, a said Texas Home Rule Corporation. .+C'0v1DE.... %,, 24- PQ l P Ue /FyN, � EZcn� Final Easement .$ Temporary Easement Form ae on '2015, by GLEN Texas Home Rule Corporation on behalf of My commission expires: Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Form NORTHWEST WATER RECLAMATION PROJECT Parcel No. 4 - Permanent Easement PERIMETER SURVEY OF A 0.192 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY. TEXAS SCALE: I"=100' Line Table POINT OF BEGINNINGS L5 Line # I Cor 273-1 I Lor I LOT I Cor I 4Or 77J -B 214-1 L7 I 20.00' 274-8 274-C 688' 14' 26"E 20.00' LOTS aW-A A m 2/4-B, 2/9-0 d2B 227-A, et d NOI. 41' 40"E 340.02' Oe PAUW-MCLARTYA017/T/0y SOP 41' 4d'W 437.90' Q lam. 62/d PG f 50 40.00' c'O'ACLEYD7gAr F Lorm 4OT279 COT 27B � LOrzn ITASCA STREET Q 1 47XW' my L0T346 O� Or344 LOTS -745 LOr345 B 3f4 LOTS /-488 0ePI W-MCLARTY PM. 6M FY,. 447 y lJl A'ALLEyAr RAT TRACT "A" CHAR7ERhWRrAL ADD17XVV PLL'_ /829, PG. 909 1 99.654 A04ES LL6800'C QUAKER, L 7D. PM. 7993 PG. 85 t Curve Table I Curve # Radius Chord Direction Chord Distance CI 1095.0d N160WOl"E 80.39' ss'aawace'E1sE.te'Br IKY. zitx a: ass I 1 I 4 L0AY ST�-0 tK 7wE Q ¢a M1 I K[.701, .. M1 iti b I 99.654 A04ES LLESOCX QUAKER, LTO. 14X. 7993 PG. 85 PARCEL 3 J Line Table POINT OF BEGINNINGS L5 Line # Direction Length L7 Note 41'40t 20.00' L2 688' 14' 26"E 20.00' L3 NOI. 41' 40"E 340.02' L4 SOP 41' 4d'W 437.90' 15 N88' 14' 26"W 40.00' 99.654 A04ES LLESOCX QUAKER, LTO. 14X. 7993 PG. 85 PARCEL 3 J POINT OF BEGINNINGS L5 C PARn 3-A N — — — Note: No abstract of title or title commitment was provided to 0.704 A04ES this surveyor. Record research done by this surveyor was made I I "-LEN OYOU HO only for the purpose of determining the boundary of this 1 I" 93 4-4 �I property and of the adjoining parcels. Recorded or unrecorded 1 documents other than those shown on this survey may exist and II 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. March 7, 2014 E, l.c-Uc^--- E. Allen Registered Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP e - FOUND 'X' CUT IN CONCRETE ® - FOUND 1/2" IRON ROD WITH CAP • - FOUND 5/8" 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 2014. Hugo Reed and AzsocwM Inc. for the sole use oflitle Co. td my other identifiers u indicated w the cer ifimte shown herwn NORTHWEST WATER RECLAMATION PROJECT Parcel No. 4 - Permanent Easement PERIMETER SURVEY OF A 0.192 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY. TEXAS METES AND BOUNDS DESCRIPTION of a 0.192 acre parcel located in Section 18, Block A, Lubbock County, Texas, being a portion of 99.654 acre tract described in Volume 7993, Page 85, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the West line of said 99.654 acre tract and the East line of a 0.704 acre tract described in Volume 9322, Page 26, 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. 0141'40" E. a distance of 225.22 feet from a 1/2" iron rod found for the Southeast corner of said 0.704 acre tract, and also bears S. 01'41'40" W. a distance of 4372.88 feet from the Northeast corner of the of Section 5, Block JS, for the Southeast comer of this parcel; THENCE N. 01041'40" E. along the common line of said 99.654 acre tract and said 0.704 acre tract, and along the centerline of said 40.00 foot road easement, also being the common line of said Section 15, Block JS, and Section 18, Block A, a distance of 20.00 feet to a 1/2" iron rod with cap set for the Southernmost Southwest comer of this parcel; THENCE S. 88014'26" E. a distance of 20.00 feet to a 1/2" iron rod with cap set in the East line of said 40.00 foot road easement, for an'ell' comer of this parcel; THENCE N. 01041'40" E. along the East of said 40.00 foot road easement a distance of 340.02 feet to a I/2" iron rod with cap set in East line of said 99.654 acre tract and in the West Right -of -Way of North Quaker Avenue described in Volume 1950, Page 47, Deed Records, Lubbock County, Texas, for the Northwest comer of this parcel; THENCE Northeasterly along the common line of said 99.654 acre tract and said North Quaker Avenue, around a curve to the left having a radius of 1095.00 feet, a chord bearing N. l6°06'01" E. and a chord distance of 80.39 feet to a 1/2" iron rod with cap set for the Northeast comer of this parcel; THENCE S. 01 041'40" W. a distance of 437.90 feet to a 1/2" iron rod with cap set for the Southeast comer of this parcel; THENCE N. 88014'26" W. at 20.00 feet pass the East line of said 40.00 foot road easement, continuing for a total distance of 40.00 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 JE. Allen Registered Professional Land Surveyor No. 5895 State of Texas a and Sheet 2 of 2 dui SCALE: I "=100' L1V80ar MEDA5AL CENTER AOD/7KW CLFi}'"700/048 7RAC7 A PRINCETON STREET (PAVED) W'R&Wr- Oe- WAY by FLAT NORTHWEST WATER RECLAMATION PROJECT Parcel No. 5 - Permanent Easement PERIMETER SURVEY OF A 0.156 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS TRACT 8 99.654 AQ -,ES LLWOLK OUPIKER, L7D. HZ. 7993, PG. 85 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 11, 2014 (�, a -K -_ Qoh E. Allen istered Professional Land Surveyor No. 5895 State of Texas 99.654 ACRES LL9BOQl, OUA/(ER, L70. Imo. 7993, PG. 85 PAftn 5-A (-1-4) POINT OF BEGII 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. 5.906 ACRES AfaMEL GWEER 14X. 5396 PG. // PRINCETON STREET (PAVED) 60'RR'iyT-L1"-WgYDy RA r 48.074 ACRES OUAKER LOL'P, L7D. I'M. 80M PG. 104 PM42 6-A PAMEL 6 — — — 48.074 ACRES OUAKER LOQR, L 7D. KY. 8074 Pa.. 104 NOTES: HEAVY LINES INDICATE PLAT LIMITS. o - SET 1/2" IRON ROD WITH CAP ® - FOUND 1/2" IRON ROD WITH CAP O - FOUND 1/2" IRON ROD A legal description of even surve date herewith accompanies this plat 21urvey. Sheet I of 2 2014, Man Reed and Associates, Inc. for the sole use of Tule ('o. td any other identifiers as indicated in the certiflonc shown hercnn. Line Table Line # Direction Length Ll sol' 50' 5ew 20.00' L2 NB9" II' 2a W 340.26' W Nola AV OI"E 20.00' L4 S8W 11'28"E 340.27 99.654 ACRES LL9BOQl, OUA/(ER, L70. Imo. 7993, PG. 85 PAftn 5-A (-1-4) POINT OF BEGII 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. 5.906 ACRES AfaMEL GWEER 14X. 5396 PG. // PRINCETON STREET (PAVED) 60'RR'iyT-L1"-WgYDy RA r 48.074 ACRES OUAKER LOL'P, L7D. I'M. 80M PG. 104 PM42 6-A PAMEL 6 — — — 48.074 ACRES OUAKER LOQR, L 7D. KY. 8074 Pa.. 104 NOTES: HEAVY LINES INDICATE PLAT LIMITS. o - SET 1/2" IRON ROD WITH CAP ® - FOUND 1/2" IRON ROD WITH CAP O - FOUND 1/2" IRON ROD A legal description of even surve date herewith accompanies this plat 21urvey. Sheet I of 2 2014, Man Reed and Associates, Inc. for the sole use of Tule ('o. td any other identifiers as indicated in the certiflonc shown hercnn. NORTHWEST WATER RECLAMATION PROJECT Parcel No. 5 - Permanent Easement PERIMETER SURVEY OF A 0.156 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY. TEXAS METES AND BOUNDS DESCRIPTION of a 0.156 acre parcel located in Section 18, Block A, Lubbock County, Texas, being a portion of 99.645 acre tract described in Volume 7993, Page 85, 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 99.645 acre tract and in the West line of a 48.074 acre tract described in Volume 8072, Page 104, Official Public Records, Lubbock County, Texas, which bears S. 01'41'40" W. a distance of 1878.53 feet and S. 88°18'20" E. a distance of 1279.13 feet from an 'X' cut in concrete found at the Northwest comer of Section 18, Block A, for the Northeast comer of this parcel; THENCE S. 01050'55" W. along the common line of said 99.645 acre tract and said 48.074 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap set for the Southeast corner of this parcel; THENCE N. 88011'28" W. a distance of 340.26 feet to a 1/2" iron rod with cap set in the East line of Princeton Street, a 90.00 foot Right -of -Way according to the map, plat and/or dedication deed thereof recorded in County Clerk File Number 2007001048, Official Public Records, Lubbock County, Texas, for the Southwest corner of this parcel; THENCE N. 01°49'01" E. along the West line of said Princeton Street a distance of 20.00 feet to a 1/2" iron rod with cap set for the Northwest comer of this parcel; THENCE S. 88011'28" E. a distance of 240.27 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 11, 2014 I'LE, O. J E. Allen Registered Professional Land Surveyor No. 5895 State of Texas for GF 4 and Sheet 2 of 2 Hugo Reed and Associates, Inc. for the sole use of Tide Co. Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Emment Form 9 NORTHWEST WATER RECLAMATION PROJECT Parcel No. 4-A - Temporary Easement PERIMETER SURVEY OF A 0.530 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS SCALE: I"=100' I } I OTA I TCLOTA LOT LOT273 23B7L14-Igis LOTS "-A #m 2/4-B,Z/9-c ff"2cT7-A, of o/ I �`I•L3 Oe PAUW- Md- 99.654 A04ES j—:L9 lav �Y LL680GC OUAKER, L TD. lrIX. 62/B,18, PG. PG. 1X. 7993, PG. 85 tn'AeLBrerFxar �� U Lor za° cOrz7B Lor2TB ""ate 13Q Curve Table Loren Lv Curve # Radius Chord Direction Chord Distance J c1 1095.0o' N12°04'45'E 73.2e' ITASCA STREET �_] 56'DRAiwG �y km. elct PG. 269 S oMV 7M r.wa Lors.ras LOT 3% moo¢- Line Table B 340 LOT3as O J LOTS 1-4M �yi t` Line # Direction Length Oe PAUW-McLARTYAOD/ �. a PIX. 672 PG. 447 yea Lt SW 14 26"E 40.00' L2 Not' 41'40"E 437.90' za'ALLererLrar a L3 S88° [4' WE 26.79' Ot`-WAvSrAa Q m L4 S01° 41' 40'W 550.00' TRACT A'r 7mt. C. 141 ¢ > LS N88' 14' 26"W 60.00' 3 g PCE./8991,PG. 909ADD/T/�Q1. 1 L6 N01° 41' 40"E 40.00' 99.654 ACRES L(BBOCK QUAKER, L TD. VOL. 7993, PG. 85 PA9 £L 3 BEGILt POINT OF NNING to PARCEL 3-A J N � — — — Note: No abstract of title or title commitment was provided to 0.704 ACRES L5 this surveyor. Record research done by this surveyor was made 1 1 ¢ A# -LEN OVOU HO only for the purpose of determining the boundary of this 1 1 Va. 9322 PG' 26 property and of the adjoining parcels. Recorded or unrecorded 1 1 I documents other than those shown on this survey may exist and II 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. March 7, 2014 1.,, lJLL y,g,d leRstereProfessional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP o - FOUND 'X' CUT 1N CONCRETE ® - FOUND 1/2" IRON ROD WITH CAP • - FOUND 5/8" IRON ROD El - FOUND 1/2" SQUARE METAL TUBE A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 at 2014, Hugo Reed and Associates. Inc. for the sole use of'riee Co. and any other identifiers as indicated in the cortlficate shown hereon NORTHWEST WATER RECLAMATION PROJECT Parcel No. 4-A - Temporary Easement PERIMETER SURVEY OF A 0.530 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY. TEXAS METES AND BOUNDS DESCRIPTION of a 0.530 acre parcel located in Section 18, Block A, Lubbock County, Texas, being a portion of 99.654 acre tract described in Volume 7993, Page 85, Official Public Records, Lubbock County. Texas. being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the West line of said 99.654 acre tract and the East line of a 0.704 acre tract described in Volume 9322, Page 26, 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 for 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 a corner of this parcel; THENCE S. 88014'26" E. at 20.00 feet pass the East line of said 40.00 foot road easement, continuing for a total distance of 40.00 feet to a 1/2" iron rod with cap set, for an'ell' comer of this parcel; THENCE N. 01041'40" E. a distance of 437.90 feet to a 1/2" iron rod with cap set in the East Right -of -Way of North Quaker Avenue described in Volume 1950, Page 47, Deed Records, Lubbock County, Texas, and in the West line of said 99.654 acre tract, for a comer of this parcel; THENCE Northeasterly along the common line of said 99.654 acre tract and said North Quaker Avenue, around a curve to the left having a radius of 1095.00 feet, a chord bearing N. 12°04'45" E. and a chord distance of 73.28 feet to a 1/2" iron rod with cap set for the Northwest comer of this parcel; THENCE S. 88014'26" E. a distance of 26.79 feet to a 1/2" iron rod with cap set for the Northeast comer of this parcel; THENCE S. 01 041'40" W. a distance of 550.00 feet to a 1/2" iron rod with cap set for the Southeast comer of this parcel; THENCE N. 88014'26" W. at 60.00 feet pass the East line of said 40.00 foot road easement, continuing for a total distance of 80.00 feet to a 1/2" iron rod with cap set in the common line of said 99.654 acre tract and said 0.704 acre tract, and the common line of said Section 15, Block JS and Section 18, Block A, and being the centerline of said 40.00 foot road easement, for the Southwest comer of this parcel; THENCE N. 01041'40" E. along the common line of said 99.654 acre tract and said 0.704 acre tract, and along the centerline of said 40.00 foot road easement, also being the common line of said Section 15, Block JS, and Section 18, Block A, a distance of 40.00 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 l.. I.CJ[.t�- E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of SCALE: I"=100' LL6BOCKAE9A5'AL 6EN7ERADD/721211 CCFAX07WI046 7RAC7A NORTHWEST WATER RECLAMATION PROJECT Parcel No. 5-A - Temporary Easement PERIMETER SURVEY OF A 0.313 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS TRACT B PRINCETON STREET O (PAVED) w'AwHr-[-mrbyRAr 99.654 AQ4ES LLBBOOK OUAKER L 7D. 14X. 7993 RV 85 Bearings am relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances am surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. Mamh I 2014 E. OZ2, Itt"tered n rofessional Land Surveyor No. 5895 State of Texas 99.654 A04ES LUBSOpC pUA/rER, L 7D. 1M. 7993 FY,. 85 POINT OF `L 1 PA9C& 5 YpPAnfA(F'EASFAGur — — _ � — — 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. 5.906 ALRES M/QYAEL 6REER V(X. 5396, P6 // PRINCETON STREET (PAVED) co'imarr- a-- wa r ey ya r 49.074 AQ?ES OUAKER LGt'F. L7D. PIX. 9072 P6. /04 PAMa 6-A_— PANrEZ 48.074 AQ9ES OUAKER LOQ . L 7D. VOL. 8072 P6. /04 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP 0 - FOUND 1/2" IRON ROD WITH CAP 0 - FOUND 1/2" IRON ROD A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 for GF n and Line Table Line # Direction Length L4 Ne9' II' 2W'W 540.27' L2 Note 49'01"E 40.00' L3 Sea' 11'28"E 390.29' L4 SOI. 50' 55'V 40.00' 99.654 A04ES LUBSOpC pUA/rER, L 7D. 1M. 7993 FY,. 85 POINT OF `L 1 PA9C& 5 YpPAnfA(F'EASFAGur — — _ � — — 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. 5.906 ALRES M/QYAEL 6REER V(X. 5396, P6 // PRINCETON STREET (PAVED) co'imarr- a-- wa r ey ya r 49.074 AQ?ES OUAKER LGt'F. L7D. PIX. 9072 P6. /04 PAMa 6-A_— PANrEZ 48.074 AQ9ES OUAKER LOQ . L 7D. VOL. 8072 P6. /04 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP 0 - FOUND 1/2" IRON ROD WITH CAP 0 - FOUND 1/2" IRON ROD A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 for GF n and NORTHWEST WATER RECLAMATION PROJECT Parcel No. 5-A - Proposed Temporary Easement PERIMETER SURVEY OF A 0.313 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.313 acre parcel located in Section 18, Block A, Lubbock County, Texas. being a portion of 99.645 acre tract described in Volume 7993, Page 85, 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 99.645 acre tract and in the West line of a 48.074 acre tract described in Volume 8072, Page 104, Official Public Records, Lubbock County, Texas, which bears S. 01'41'40" W. a distance of 1878.53 feet and S. 88'18'20" E. a distance of 1279.13 feet from an'X' cut in concrete found at the Northwest comer of Section 18, Block A, for the Southeast comer of this parcel; THENCE N. 88011'28" W. a distance of 340.27 feet to a 1/2" iron rod with cap set in the East line of Princeton Street, a 90.00 foot Right -of -Way according to the map, plat and/or dedication deed thereof recorded in County Clerk File Number 2007001048, Official Public Records, Lubbock County, Texas, for the Southwest comer of this parcel; THENCE N. 01049'01" E. along the West line of said Princeton Street a distance of 40.00 feet to a 1/2" iron rod with cap set for the Northwest comer of this parcel; THENCE S. 88011'28" W. a distance of 340.29 feet to a 1/2" iron rod with cap set in the common line of said 99.645 acre tract and said 48.074 acre tract Northeast comer of this parcel; THENCE S. 01 050'55" W. along the common line of said 99.645 acre tract and said 48.074 acre tract a distance of 40.00 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 11, 2014 �. ' J E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS .o Kelly Pinion County Clerk Lubbock County TEXyS 04/07/2016 01:17 PM FEE: $90.00 2016012039