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HomeMy WebLinkAboutResolution - 2015-R0156 - Accept Easement - NW Water Reclamation Project - 05/28/2015Resolution No. 2015-R0156 May 28, 2015 If"I, 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 $34,039.64 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 ZkI GLE C. RO ERTSON, MAYOR ATTEST: O,e-�� , ,V Reb tcca Garza, City Secretary APPROVED AS TO CONTENT: P.E., Director of Public Works def �3� Dave Booher, Right -of -Way Agent APPROVED ASS/TTO FORM: ZX1 Chad Weaver, City Attorney RES.Easement-Parce1s6,6A,7 & 7A 5.5.15 le\611t�� it ► Resolution No. 2015-RO 156 R. 2016012038 18 PGS EASE ■111 F"'.1 Ert1W211, ki T K17 All 1'01%K14 W,l1 111 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § GRANTOR, QUAKER LOOP, LTD., a Texas Limited Partnership, 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 13th Street, Lubbock, Texas 79401, the receipt and sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto Grantee the following described perpetual exclusive easement, servitude and right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon, across and within the 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: 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 Easement & Temporary 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 Forth 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 bore 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 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 Resolution No. 2015-R0156 EXECUTED this 27'" day of April, 2015 ("Effective Date"). GRANTOR: QUAKER LOOP, LTD., A Texas Limited Partnership By: LUBBOCK GATEWAY GLOBAL, LLC, its General Partner Printed Name: )GG - The City of Lubbock By: Name: Glen C. Robertson Title: _Mayor ATTEST: Re cca Garza, City Secre APPROVED AS TO CONTENT: [Acknowledgements of the Parties on Next Page] Final Easement & Temporary Easement Form 6 STATE OF TEXAS COUNTY OF LU13BOCK This instrument was acknowledged before me on April 27, 2015, by,4. -kee G+ n"o Manager/Director of LUBBOCK GATEWAY GLOBAL, LLC, General Partner, of QUAKER LOOP, LTD., a Texas Limited Partnership on behalf of said entity. v aAnita A Coming y_��� I my Commission E%plras 1 2/1412 01 5 OF STATE OF TEXAS COUNTY OF LUBBOCK Notary Public, State of T«a� An.k4 Q. Printed Name of Notary My commission expires: JJ2Zy This instrument was acknowledged before me on �-j , 2015, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas HomeAule Corporation on behalf of said Texas Home Rule Corporation. ,o�PSOWDEgc•, �0<:,U) �nc� �6-28-2616 Final Easement & Temporary Casement Form D Nootry Public, State of Printed Name of Notary My commission expires: Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Forth SCALE: I"=100' 99.654 A04ES LI&SOCK QUAKER, L 70. PIX- 7993, PG. 85 PAR'EL 5-A POINT OF BEGI NORTHWEST WATER RECLAMATION PROJECT Parcel No. 6 - Permanent Easement PERIMETER SURVEY OF A 0.384 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS 5.906 AMES I I LOTS 6-2 4NOYAEL mEER a -0w Raw & km- 5396, PG. // LOrm KZ. . /500,, PG. t7 W'R r -O -WAYUr RAr 48.074 A04E5 QUAKER LO'Cp, L 7D. NX. 8072 fYi. /04 Bearings arc relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survcy feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. March 11 2014 �� 1 h E. Allen Re'istcmd Professional Land Surveyor No. 5895 State of Texas PRINCETON STREET (UNIMPROVED) rs'Mwr—mrornAr P4921 6-A — — — Note: No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was mad. 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. LOT 2/ 48.074 A04ES IX/AKER LCW, L 70. 8072OAS. /04 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP ® - FOUND 1/2" IRON ROD WITH CAP O - FOUND 5/8" IRON ROD Ei - FOUND 1/2" SQUARE METAL TUBE A legal description ofeven survey date herewith accompanies this plat Mary Sheet I of: HUGO REEC AND ASSOCIATES, INC 2014, Hugo Reed and Associates, Inc. for the rale use ofTitle Ce W any other identiners as indicated in the mdifmam shown hereof Line Table Line # Direction Length Lt S88a 11' 28°E 595.56' L2 Not' 50' WE 216.91' L3 S88° 10'39'E 20.00' L4 Sol* 50' 5e W 236.91' L5 NW 11' 2e W 615.56' L. N01' 50' 5Vt 20.00' PRINCETON STREET (UNIMPROVED) rs'Mwr—mrornAr P4921 6-A — — — Note: No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was mad. 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. LOT 2/ 48.074 A04ES IX/AKER LCW, L 70. 8072OAS. /04 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP ® - FOUND 1/2" IRON ROD WITH CAP O - FOUND 5/8" IRON ROD Ei - FOUND 1/2" SQUARE METAL TUBE A legal description ofeven survey date herewith accompanies this plat Mary Sheet I of: HUGO REEC AND ASSOCIATES, INC 2014, Hugo Reed and Associates, Inc. for the rale use ofTitle Ce W any other identiners as indicated in the mdifmam shown hereof NORTHWEST WATER RECLAMATION PROJECT Parcel No. 6 - Permanent Easement PERIMETER SURVEY OF A 0.384 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.384 acre parcel located in Section 18, Block A, Lubbock County, Texas, being a portion of 48.074 acre tract described in Volume 8072, Page 104, 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 48.074 acre tract and in the East line of a 99.645 acre tract described in Volume 7993, Page 85, 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 most Westerly Northwest comer of this parcel; THENCE S. 88011'28" W. at 575.56 feet pass the West line of a 10.00 foot underground utility easement described in County Clerk File Number 2012041546, Official Public Records, Lubbock County, Texas, continuing for a total distance of 595.56 feet to a 1/2" iron rod with cap set in the East line of said 10.00 foot underground utility easement, for an'ell' corner of this parcel; THENCE N. 0150'56" E. along the East line of said 10.00 foot underground utility easement, a distance of 216.91 feet to a 1/2" iron rod with cap set in the South line of Princeton Street, a 75.00 foot Right -of -Way according to the map, plat and/or dedication deed recorded in Volume 1500, Page 605, Deed Records, Lubbock County, Texas, and at the Northeast comer of said 10.00 foot underground utility easement, for the most Northerly Northwest comer of this parcel; THENCE S. 88010'38" E. along the South line of said Princeton Street a distance of 20.00 feet to a 1/2" iron rod with cap set for the Northeast comer of this parcel; THENCE S. 01050'56" W. a distance of 236.91 feet to a 1/2" iron rod with cap set for the Southeast comer of this parcel; THENCE N. 88011'28" W. at 20.00 feet pass the East line of said 10.00 foot underground utility easement, at 30.00 feet pass the West line of said 10.00 foot underground utility easement, continuing for a total distance of 615.56 feet to a 1/2" iron rod with cap set in the common line of said 48.074 acre tract and said 99.645 acre tract, for the Southwest comer of this parcel; THENCE N. 01050'55" E. along the common line of said 48.074 acre tract and said 99.645 acre tract 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 11, 2014 LO E. OA, E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 IARHUGO REED AND ASSOCIATES, INC. CIVIL ENGINEERS LUBBOCK, TEXAS TF LCENSEO SURVEYING RM ILOE)eGn PHONE: 886/76 TEIfgR REGISTERED ENGINEERWG FIRM F-Tw FAX 808/76 Inc. for the win ese of Title Co. SCALE: NORTHWEST WATER RECLAMATION PROJECT Parcel No. 7 - Permanent Easement PERIMETER SURVEY OF A 0.161 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS 27'ALLE by,c Ar LOTS 6-25 aONS ROAD ADD/77aV ✓a. 1500 PG. 605 LOT 27 POINT OF STRFFT PARM 7-A 48.074 AQVES OUWORL009 L7D. Ya. 8074 PG 104 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. ,ntMaa`rlchh It, 22014 E. Allen Registered Professional Land Surveyor No. 5895 State of Texas LOT 3O .ONS ROAD AoDI770V Ya. 3774 PG. 13 PRINCETON STREET U ?5'1%WT-oF-WA)' G7fgAT 2.388 A0'7ES 7EXO4AFT 4W.. ✓a. 7579, PG. 304 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP 0 - FOUND 1/2" IRON ROD WITH CAP O - FOUND 5/8" IRON ROD L7 - FOUND 1/2" SQUARE METAL TUBE A legal description of even survey date herewith accompanies this plat of survey- Sheet 1 of 2 HUGO REED AND ASSOCIATES, INC., 4, Hugo RcN and Associates, Inc. for the sole use of Title Co. Line Table Line # Direction Length Lt 568* 10' WE 353.61' L2 SOI. 50' 44"W 20.00' L3 NW 10' 38"W 353.60' L4 N01* 49' 22"E 20.00' PARM 7-A 48.074 AQVES OUWORL009 L7D. Ya. 8074 PG 104 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. ,ntMaa`rlchh It, 22014 E. Allen Registered Professional Land Surveyor No. 5895 State of Texas LOT 3O .ONS ROAD AoDI770V Ya. 3774 PG. 13 PRINCETON STREET U ?5'1%WT-oF-WA)' G7fgAT 2.388 A0'7ES 7EXO4AFT 4W.. ✓a. 7579, PG. 304 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP 0 - FOUND 1/2" IRON ROD WITH CAP O - FOUND 5/8" IRON ROD L7 - FOUND 1/2" SQUARE METAL TUBE A legal description of even survey date herewith accompanies this plat of survey- Sheet 1 of 2 HUGO REED AND ASSOCIATES, INC., 4, Hugo RcN and Associates, Inc. for the sole use of Title Co. NORTHWEST WATER RECLAMATION PROJECT Parcel No. 7 - Permanent Easement PERIMETER SURVEY OF A 0.161 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.161 acre parcel located in Section 18, Block A, Lubbock County, Texas, being a portion of 48.074 acre tract described in Volume 8072, Page 104, 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 Princeton Street, a 75.00 foot Right -of -Way according to the map, plat and/or dedication deed thereof recorded in Volume 1500, Page 605, Deed Records, Lubbock County, Texas, and in the West line of said 48.074 acre tract, which bears N. 01'49'22" E. a distance of 33.32 feet from a 1/2" iron rod with cap found at the Southeast comer of said Princeton Street, and also bears S. 01 °41'40" W. a distance of 1629.92 feet and S. 88°18'20" E. a distance of 2062.67 feet from an'X' cut in concrete found at the Northwest comer of Section 18, Block A, for the most Westerly Northwest comer of this parcel; THENCE S. 88010'38" E. at 335.61 feet pass the West line of a 10.00 foot power line easement described in Volume 1500, Page 266, Deed Records, Lubbock County, Texas, at 345.61 feet pass the East line of said 10.00 foot power line easement, continuing for a total distance of 353.61 feet to a 1/2" iron rod with cap set in the East line of said 48.074 acre tract and in the West line of Princeton Street, a 75.00 foot Right -of -Way according to the map, plat and/or dedication deed thereof recorded in Volume 3772, Page 13, Deed Records, Lubbock County, Texas, for the Northeast corner of this parcel; THENCE S. 01050'44" W. along the West line of said 48.074 acre tract and along the West line of said Princeton Street, a distance of 20.00 feet to a 1/2" iron rod with cap set, which bears N. 01°50'44" E. a distance of 13.32 feet from a 1/2" iron rod with cap found at the Southwest corner of said Princeton Street, for the Southeast corner of this parcel; THENCE N. 88010'38" W. at 9.95 feet pass the East line of said 10.00 foot underground utility easement, at 19.95 feet pass the West line of said 10.00 foot underground utility easement, continuing for a total distance of 353.60 feet to a 1/2" iron rod with cap set in the West line of said 48.074 acre tract and in the East line of said Princeton Street, for the Southwest corner of this parcel; THENCE N. 01049'22" E. along the West line of said 48.074 acre tract and along the East line of said Princeton Street, 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 11, f2014W eE. llen Registered Professional Land Surveyor No. 5895 State of Texas I-IRHUGO REED AND ASSOCIATES, INC. CIVIL ENGINEERS LUBBOCK. TEXAS TO LCEMSEU SURVEYING FlW 1004&00 PHONE 806176 TE REGISTEREG ENGREERM FIRM F -M FAX 806176'. uie of Title Co. Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Easement Forth fM SCALE: 1 "=100' 99.654 ACRES LMWOQY QUAKER, L7D. KY, 799a PG. 85 PARKEL 5-A POINT OF BEGIN --- PAWEL6 _- NORTHWEST WATER RECLAMATION PROJECT Parcel No. 6-A - Temporary Easement PERIMETER SURVEY OF A 0.709 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS 5.506'AQWS ARCWAEL WEER PIX. 5396 PG // so'7MT-c-wArsrsear 48.074 A07ES QUAKER L Goo L TD. KX.. 6072 F0. /04 LOTS6-Py I a -014S ROAD A02 LOrm PIX. . 1500, PG. u Bearings am arc 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 1], 2014 r 0"_ 0 E. Allen Registered Professional Land Surveyor No. 5895 State of Texas PRINCETON STREET (UNIMPROVED) 3'aWr-cls-wArq,gAr I 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. I NNN I I � I I I J I I I JI I I I I 11 II I I 48.074 ACRES IslOUAKER LOQ? LTD. IIh K!. 8072 PG. /04 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP ®- FOUND I/2" IRON ROD WITH CAP O - 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 I of 2 1.7Fq HUGO REED I AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TENNIS LICENSED SURVEYING FIRM 1008]&00 PHONE: 606/763-5642 TEAS REGISTERED ENGINEERING FIRM F-760 FAX: 806/763-3891 Copyright 2014, Huge Reed and Ae ociancs, Inc. for the Sale use of Title Co. fur OF It and env other i,h•nlinrn na IndirmW in In...nfn.nm ohnw, I,-- Line Table Line # Direction I Length Ll NOP 50' WE 40.00' L2 S88° 11'28"E 555.56' L3 Note 50'56!t 176.92' L4 S880 10' 38"E 40.00' L5 S01° so 56"N 216.91' LB N88° I I' 28'Y/ 595.56' Bearings am arc 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 1], 2014 r 0"_ 0 E. Allen Registered Professional Land Surveyor No. 5895 State of Texas PRINCETON STREET (UNIMPROVED) 3'aWr-cls-wArq,gAr I 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. I NNN I I � I I I J I I I JI I I I I 11 II I I 48.074 ACRES IslOUAKER LOQ? LTD. IIh K!. 8072 PG. /04 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP ®- FOUND I/2" IRON ROD WITH CAP O - 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 I of 2 1.7Fq HUGO REED I AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TENNIS LICENSED SURVEYING FIRM 1008]&00 PHONE: 606/763-5642 TEAS REGISTERED ENGINEERING FIRM F-760 FAX: 806/763-3891 Copyright 2014, Huge Reed and Ae ociancs, Inc. for the Sale use of Title Co. fur OF It and env other i,h•nlinrn na IndirmW in In...nfn.nm ohnw, I,-- NORTHWEST WATER RECLAMATION PROJECT Parcel No. 6-A - Temporary Easement PERIMETER SURVEY OF A 0.709 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.709 acre parcel located in Section 18, Block A, Lubbock County, Texas, being a portion of 48.074 acre tract described in Volume 8072, Page 104, 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 48.074 acre tract and in the East line of a 99.645 acre tract described in Volume 7993, Page 85, 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 Southwest corner of this parcel; THENCE N. 01050'55" E. along the common line of said 48.074 acre tract and said 99.645 acre tract a distance of 40.00 feet to a 1/2" iron rod with cap set for the most Westerly Northwest comer of this parcel; THENCE S. 8811'28" W. a distance of 555.56 feet to a 1/2" iron rod with cap set, for an 'ell' comer of this parcel; THENCE N. 01050'56" E. a distance of 176.92 feet to a 1/2" iron rod with cap set in the South line of Princeton Street, a 75.00 foot Right -of -Way according to the map, plat and/or dedication deed recorded in Volume 1500, Page 605, Deed Records, Lubbock County, Texas, for the most Northerly Northwest comer of this parcel; THENCE S. 88010'38" E. along the South line of said Princeton Street, at 30.00 feet pass the Northwest comer of a 10.00 foot underground utility easement described in County Clerk File Number 2012041546, Official Public Records, Lubbock County, Texas, continuing for a total distance of 40.00 feet to a 1/2" iron rod with cap set at the Northeast comer of said 10.00 foot underground utility easement, for the Northeast comer of this parcel; THENCE S. 01050'56" W. along the East line of said 10.00 foot underground utility easement, a distance of 216.91 feet to a 1/2" iron rod with cap set for the Southeast comer of this parcel; THENCE N. 88011'28" W. at 10.00 feet pass the West line of said 10.00 foot underground utility easement, continuing for a total distance of 595.56 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 . � �C-1 L51�.- Fllen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 1.4=;t HUGO REED AND ASSOCIATES, INC. 1 005760 Fiw.s Faso FAX: 806/763-3891 Copyright 7014, Hugo Reed and Auociases. Inc. for the sole use of Tide Co. SCALE: I"=100' NORTHWEST WATER RECLAMATION PROJECT Parcel No. 7-A - Temporary Easement PERIMETER SURVEY OF A 0.325 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS a7'ALLErey PLA7 LOTS 6-25 aOWS R040 AOL/770V K7. /500, PG. 605 LOT 2/ PRINCETON STREET (UNIMPROVED) 75' /d'GY7 - o-- wa r ey g A r POINT OF — _ — PAH[£L 7 49.074 AO7ES OUAKER L00'. L TO. ✓a. 8072 P. /04 LOT 30 OWS ROAD A0 7XVI7 Ya. 3772 PG. /3 OPRINCETON STREET (UNIMPROVED) — — — 7s'RGNr-ca<-warq,gAr ip 1 Note: No abstract of title or title commitment was provided to 1 I this surveyor. Record research done by this surveyor was made I I only for the purpose of determining the boundary of this I 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. March 11, 2014(c JE. Allen Re tstered Professional Land Surveyor No. 5895 State of Texas 2.369 AOPES TEXLRArr AVC. 117— 7579 PG. 304 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET I/2" IRON ROD WITH CAP a - FOUND 1/2" IRON ROD WITH CAP O - 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 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 rEx/3 LICENEEo sNrvr:naG FIRM im 6t PHONE: 866 / 7635642 lews rsecu MDENGIWMWGFaw F -M FAX: 806/763-3891 Line Table Line # Direction Length Ll NOI. 49' 22"E 40.00' L2 saw 10' 38"E 7£3.62' L3 601. 50' 44"W 40.00' L4 NW 10' 39"W 353.61 — _ — PAH[£L 7 49.074 AO7ES OUAKER L00'. L TO. ✓a. 8072 P. /04 LOT 30 OWS ROAD A0 7XVI7 Ya. 3772 PG. /3 OPRINCETON STREET (UNIMPROVED) — — — 7s'RGNr-ca<-warq,gAr ip 1 Note: No abstract of title or title commitment was provided to 1 I this surveyor. Record research done by this surveyor was made I I only for the purpose of determining the boundary of this I 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. March 11, 2014(c JE. Allen Re tstered Professional Land Surveyor No. 5895 State of Texas 2.369 AOPES TEXLRArr AVC. 117— 7579 PG. 304 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET I/2" IRON ROD WITH CAP a - FOUND 1/2" IRON ROD WITH CAP O - 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 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 rEx/3 LICENEEo sNrvr:naG FIRM im 6t PHONE: 866 / 7635642 lews rsecu MDENGIWMWGFaw F -M FAX: 806/763-3891 NORTHWEST WATER RECLAMATION PROJECT Parcel No. 7-A - Temporary Easement PERIMETER SURVEY OF A 0.325 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.325 acre parcel located in Section 18, Block A, Lubbock County, Texas, being a portion of 48.074 acre tract described in Volume 8072, Page 104, 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 Princeton Street, a 75.00 foot Right -of -Way according to the map, plat and/or dedication deed thereof recorded in Volume 1500, Page 605, Deed Records, Lubbock County, Texas, and in the West line of said 48.074 acre tract, which bears N. 01'49'22" E. a distance of 33.32 feet from a 1/2" iron rod with cap found at the Southeast comer of said Princeton Street, and also bears S. 01'4 1'40" W. a distance of 1629.92 feet and S. 88°18'20" E. a distance of 2062.67 feet from an'X' cut in concrete found at the Northwest comer of Section 18, Block A, for the most Westerly Northwest corner of this parcel; THENCE N. 01 049'22" E. along the East line of said Princeton Street and the West line of said 48.074 acre tract, at 29.68 feet pass the most Westerly Southwest comer of a 10.00 foot power line easement described in Volume 1500, Page 266, Deed Records, Lubbock County, Texas, at 39.68 feet pass the most Westerly Northwest comer of said 10.00 foot power line easement, continuing for a total distance of 40.00 feet to a 1/2" iron rod with cap set, which bears S. 01 °49'22" W. a distance of 1.68 feet from a 5/8" iron rod found at the Northeast comer of said Princeton Street, for the Northwest comer of this parcel; THENCE S. 88010'38" E. at 335.61 feet pass the West line of a 10.00 foot power line easement described in Volume 1500, Page 266, Deed Records, Lubbock County, Texas, at 345.61 feet pass the East line of said 10.00 foot power line easement, continuing for a total distance of 353.62 feet to a 1/2" iron rod with cap set in the East line of said 48.074 acre tract and in the West line of Princeton Street, a 75.00 foot Right -of -Way according to the map, plat and/or dedication deed thereof recorded in Volume 3772, Page 13, Deed Records, Lubbock County, Texas, which bears S. 01'50'44" W. a distance of 1.68 feet from the Northwest corner of said Princeton Street, for the Northeast comer of this parcel; THENCE S. 01 050'44" W. along the East line of said 48.074 acre tract and 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 Southeast comer of this parcel; THENCE N. 88010'38" W. at 9.95 feet pass the East line of said 10.00 foot underground utility easement, at 19.95 feet pass the West line of said 10.00 foot underground utility easement, continuing for a total distance of 353.61 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 OAOL E. IX�L E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of I�HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS i1cEu5EO SUavEVNG Frau tm4Tsao PHONE: 806/76&5642 TE InKtI RED EWIWEANG FIRM F -M FAX: 806 / 763-3891 Copyright 2014. Hugo Reed end Anocialm Inc. for the tole FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock Coun{.y TEXRS 04/07/2016 01:17 PM FEE: $90.00 2016012038