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HomeMy WebLinkAboutResolution - 2015-R0159 - Accept Easement - NW Water Reclamation Project - 05/28/2015Resolution No. 2015-R0159 May 28, 2015 Item No. 6.18 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 14, 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 $500.00 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 2015 MAYOR ATTEST: Garza, City r:Vy P.E., Director of Public Works Dave Booher, Right -of -Way Agent APPR A TO FORM: Chad Wea er, City Attorney RES.Easement-Parcel 24 5.13.15 J RETURN, JNlEST XAS TITLE COMPANY FILE NO Res 7 t EASEMENT EASE 2015022603 I1 PCS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § GRANTOR, MIKE ABBE, a single man, with street address of 4923 CR 6300, Lubbock, Texas 79415, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13a' 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. 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 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 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. Final Easement Fom 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, which waiver is acknowledged by Grantor. 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 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. Final Easement Farm 2 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 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. 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. Final E&wnent Fom 3 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 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. Final Easement Forth 4 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. 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 Form 5 Resolution No. 2015-R0159 EXECUTED this 9th day of May, 2015 ("Effective Date"). GRANTOR: MIKE ABBE GRANTEE: The City of Lubbock Title: ATTEST: Reb cca Garza, City Secretary [Acknowledgements of the Parties on Next Page] • " : •`t1 �✓�/Z APPROVED Ryan J/Bigyee, Attorney Final Easement Farm 6 STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on May 9, 2015, by Mike Abbe. 9 iE �ires STATE OF TEXAS COUNTY OF LUBBOCK Notary Public, tate /off Texas AK:k< H. Printed Name of Notary My commission expires: 1 2 1 i ldj This instrument was acknowledged before me onAM i , 2015, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Hond Rule Corporation on behalf of said Texas Home Rule Corporation. ze0 Q Final Faxmem Form LW' ' ®r"'F - MME Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement F'oun NORTHWEST WATER RECLAMATION PROJECT �LI�JI� Parcel No. 24 - Permanent Easement PERIMETER SURVEY OF A 0.152 ACRE TRACT LOCATED IN SECTION 14, BLOCK A LUBBOCK COUNTY, TEXAS SCALE: 1 I —POINT OF BEGIN(` PARCEL 73 LN �^ L 'V Q�v s. �s. QC 6RAOEO OPorE Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. November 12, 2014 A— �olA E. Allen gistered Professional Land Surveyor No. 5895 State of Texas 89.15 A04ES RUSTY PATTERSdV VOL. 9/57 PG. 59 7:7 L1 6RAOEO ROAD 3 --.—.—. /0.00 ACRES MIKE A88E VOL. 6745 PG. /68 COUNTY ROAD 6300_(KENT 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. See documents filed in this office for boundary reconstruction details. PARCEL 25 I PARCEL X h/ 1` h 13.14 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET I/2" IRON ROD WITH CAP ®- FOUND 1/2" IRON ROD WITH CAP 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 LUSBOCK, TEXAS 79401 TE%PS ucEusl oauavEriuo naw ioosTaao PHONE: 806/763.5642 TEN/9flEGI5fEAE0 ENWNEEWNO FlPo.I F -]W FAX: 806/7633891 Line Table Line # Direction Length L1 SBB• 22' e E 330.00' L2 SOI. 19' 46"w 20.00' L3 NW 22' 2V W 330.00' L4 N01. 19' 45"E 20.00' Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. November 12, 2014 A— �olA E. Allen gistered Professional Land Surveyor No. 5895 State of Texas 89.15 A04ES RUSTY PATTERSdV VOL. 9/57 PG. 59 7:7 L1 6RAOEO ROAD 3 --.—.—. /0.00 ACRES MIKE A88E VOL. 6745 PG. /68 COUNTY ROAD 6300_(KENT 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. See documents filed in this office for boundary reconstruction details. PARCEL 25 I PARCEL X h/ 1` h 13.14 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET I/2" IRON ROD WITH CAP ®- FOUND 1/2" IRON ROD WITH CAP 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 LUSBOCK, TEXAS 79401 TE%PS ucEusl oauavEriuo naw ioosTaao PHONE: 806/763.5642 TEN/9flEGI5fEAE0 ENWNEEWNO FlPo.I F -]W FAX: 806/7633891 NORTHWEST WATER RECLAMATION PROJECT Parcel No. 24 - Permanent Easement PERIMETER SURVEY OF A 0.152 ACRE TRACT LOCATED IN SECTION 14, BLOCK A LUBBOCK COUNTY. TEXAS METES AND BOUNDS DESCRIPTION of a 0.152 acre parcel located in Section 14, Block A, Lubbock County, Texas, being the North 20.00 feet of a 10.00 acre tract described in Volume 6745, Page 168, Real Property Records, Lubbock County, Texas (RPRLCT), being further described as follows: BEGINNING at the 1/2" iron rod with cap set in the North line of said Section 14, Block A, and in the South line of Section 13, Block JS, Lubbock County, Texas, and in the South line of a 89.15 acre tract described in Volume 9157, Page 59, Official Public Records, Lubbock County, Texas (OPRLCT), and at the Northwest comer of said 10.00 acre tract, and at the Northeast comer of a 10.00 acre tract described in Volume 5614, Page 137, RPRLCT, which bears S. 88°2225" E. a distance of 1560.58 feet from a 3/4" iron pipe found at the Northwest comer of said Section 14, Block A, for the Northwest comer of this parcel; THENCE S. 88022'25" E. along the North line of said Section 14, Block A, and along the South line of said Section 13, Block JS, and along the South line of said 89.15 acre tract and along the North line of said 10.00 acre tract a distance of 330.00 feet to a 1/2" iron rod with cap set at the Northwest comer of a 13.14 acre tract described in County Clerk File Number 2013045336, OPRLCT, and at the Northeast corner of said 10.00 acre tract, for the Northeast corner of this parcel; THENCE S. 01019'45" W. along the common line of said 13.14 acre tract and said 10.00 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. 88°2225" W. a distance of 330.00 feet to a 1/2" iron rod with cap set in the West line of said 10.00 acre tract and in the East line of said 10.00 acre tract, for the Southwest corner of this parcel; THENCE N. 01019'45" E. along the common line of said 10.00 acre tracts 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 November 12, 2014 gE.d L, OeL Allen Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK. TEXAS 79401 7EW5 ucEnsEG sumErwG HWA ioosrem PHONE: 806/ 7635642 TEN9 REGIGf 0 E QNEMNG Flits f-760 FAX 806 / 7633891 Copyright 2014, Hugo Reed and Amocutun, Inc. for the sole use of Tide Co FILED AND RECORDED OFFICIAL PUBLIC RECORDS i Kelly Pinion, County Clerk Lubbock County TEXAS June 25, 2015 02:04:29 Pry FEE: $62.00 2015022603