HomeMy WebLinkAboutResolution - 2015-R0208 - Accept Easement - NW Water Reclamation Project - 06/11/2015No. 2015-RO208
No. 5.4
11, 2015
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 $267.50 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 June 25, 2015
GLE OB RTSON, MAYOR
ATTEST:
P..e�� c --N
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
L. W od Fr lin, P.E., Director of Public Works
zw'? . A'7�
Dave Booher, Right -of -Way Agent
AS TO FORM:
Chad Weaver, City Attorney
RES. Easement -Parcel 21,22
6.8.15
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mill V1 KIM I01�.?,'111 til, 414,1'10,W11111111
Resolution No. 2015-RO208
COUNTER FILING
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
RICHARD B. WIESEN and wife, PATRICIA WIESEN, Grantor herein, whose mailing
address is 2400 440' Street, Lubbock, Texas 79412-1541, for a valuable consideration, to it paid
by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13 1h 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:
I. 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 Form
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 Forth
2
-.t
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 wan -ants 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 Easement Fonn
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:
Final Easement Fom
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.
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. 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 Forth 5
Resolution No. 2015-R0208
EXECUTED this} day ofA 2015 ("Effective Date").
GRANTOR:
GRANTEE:
The City of Lubbock
m
Nai
Title: Mayor
ATTEST:
Rebe ca Garza, City Secretary
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
Attorney
Final Easement Form 6
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on ��a�_ _2�__. �-01>. by
RICHARD B. WIESEN.
STATE OF
IST
COUNTY OF
NoPublic, State of Texas
WAN, k-6. q-. CyrM1%nv
Printed Name of Notary
My commission expires: L I S
This instrument was acknowledged before me on 5 - J6 2015, by
PATRICIA WIESEN.
Notary Pubfic �Y/ `ubli ^ /
'State lL TYLER ary public, to of _ _ 41 ASlct
State of Alaska
My Commission Expires Jun 15, 2015 Printed Name of Notary
My commission expires: —tr--r
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before
ROBERTSON on behalf of the City of Lubbock,
said Texas Home Rule Corporation.
Final Easement Form
me on ' 2015, by GLEN
a Texas Hckne Rule Corporation on behalf of
No liC.Stateof
Printed Name of Notary
My commission expires:
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Final Easement Fom
SCALE:1
LOT5
30.81 ACRES
VETRANS LAND BOARD
C/o R/CHARD WESEN
ka. 5070. PG. 302
NORTHWEST WATER RECLAMATION PROJECT
Parcel No. 21 - Permanent Easement
PERIMETER SURVEY OF A 0.078 ACRE TRACT LOCATED IN
SECTION 14, BLOCK A
LUBBOCK COUNTY, TEXAS
OF
PARCEL -j
89. /5 ACRES
RUSTYPA TTERSLYV
--- Va. 9/57 PG. 59
Bearings are relative to the Texas Coordinate System of
1983, North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances me surface, U.S. Survey feet
Combined Scale Factor: 1.0002452
Surveyed on the ground.
November 12, 2014
e1- l.�x —
J E. Allen
egistered Professional
Land Surveyor No. 5895
State of Texas
PARCEL /9
ROAD 6300—I1(ENTST1iEEn
'•r r -r.r
2.85 ACRES
RICHARD W/ESEN
VOL. 7580, PG. 73
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.
PARCEL 23
NOTES:
HEAVY LINES INDICATE PLAT LR141TS.
0 - SET 1/2" IRON ROD WITH CAP
0 - FOUND 1/2" IRON ROD WITH CAP
• - FOUND 1/2" IRON ROD
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet 1 of 2
2014, Huga decd end Assocutes, lvc. for the sole ux of Title Co.
Line Table
Line #
Direction
Length
Ll
S88. 22 25"E
170.00'
L2
SOI° 20' 121W
20.00'
L3
N88' 22' 25"W
170.01'
L4
N01' 20'43t
20.00'
89. /5 ACRES
RUSTYPA TTERSLYV
--- Va. 9/57 PG. 59
Bearings are relative to the Texas Coordinate System of
1983, North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances me surface, U.S. Survey feet
Combined Scale Factor: 1.0002452
Surveyed on the ground.
November 12, 2014
e1- l.�x —
J E. Allen
egistered Professional
Land Surveyor No. 5895
State of Texas
PARCEL /9
ROAD 6300—I1(ENTST1iEEn
'•r r -r.r
2.85 ACRES
RICHARD W/ESEN
VOL. 7580, PG. 73
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.
PARCEL 23
NOTES:
HEAVY LINES INDICATE PLAT LR141TS.
0 - SET 1/2" IRON ROD WITH CAP
0 - FOUND 1/2" IRON ROD WITH CAP
• - FOUND 1/2" IRON ROD
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet 1 of 2
2014, Huga decd end Assocutes, lvc. for the sole ux of Title Co.
NORTHWEST WATER RECLAMATION PROJECT
Parcel No. 21 - Permanent Easement
PERIMETER SURVEY OF A 0.078 ACRE TRACT LOCATED IN
SECTION 14, BLOCK A
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.078 acre parcel located in Section 14, Block A, Lubbock County, Texas,
being the North 20.00 feet of a 2.85 acre tract described in Volume 7580, Page 73, Official Public Records, Lubbock
County, Texas (OPRLCT), being further described as follows:
BEGINNING at the 1/2" iron rod with cap found 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, OPRLCT, and at the Northeast comer of a 30.81 acre tract described in Volume 5070, Page 302, Real Property Records,
Lubbock County, Texas (RPRLCT), and at the Northwest comer of said 2.85 acre tract, which bears S. 88°22'25" E. a
distance of 1214.32 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 common line of said Section 14, Block A, and said Section 13, Block JS, and along the
South line of said 89.15 acre tract and along the North line of said 2.85 acre tract a distance of 170.00 feet to a 1/2" iron rod
with cap set at the Northwest comer of a 2.46 acre tract described in Volume 7327, Page 332, RPRLCT, and at the Northeast
comer of said 2.85 acre tract, for the Northeast comer of this parcel;
THENCE S. 01020'12" W. along the common line of said 2.85 acre tract and said 2.46 acre tract a distance of 20.00 feet to a
1/2" iron rod with cap set, for the Southeast comer of this parcel;
THENCE N. 88°2225" W. a distance of 170.01 feet to a 1/2" iron rod with cap set in the West line of said 2.85 acre tract
and in the East line of said 30.81 acre tract, for the Southwest comer of this parcel;
THENCE N. 01020'43" E. along the common line of said 2.85 acre tract and said 30.81 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
November 12, 2014
L. 01,
J E. Allen
egistered Professional
Land Surveyor No. 5895
State of Texas
.d
Sheet 2 of 2
/J \ NORTHWEST WATER RECLAMATION PROJECT
Parcel No. 22 - Permanent Easement
PERIMETER SURVEY OF A 0.0055 ACRE TRACT LOCATED IN
SECTION 14, BLOCK A
LUBBOCK COUNTY, TEXAS
SCALE: I "=50'
89. /5 ACRES
RUSTY PATTERSGW
ML. 9/57 PG. 59
POINT OF BEGM
73—.8—L OCKS
/4, SLOGYq
PARCEL R/ GRADED ROAO
2.85 ACRES
RICHARD W/ESEN
VOL. 7580, PG. 73
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
r l&.
J E. Allen
egistered Professional
Land Surveyor No. 5895
State of Texas
PARCEL /9
Ll COUNTY COUNTY ROAD 6300—(KENT STREET)
J • O PARCEL 23
—
� L3
/0- 00 ACRES
RUDOLF a ADAMRAM/REZ
VOL. 56/4, PG. /37
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.
NOTES:
HEAVY LINES INDICATE PLAT LINTITS.
O - SET 1/2" IRON ROD WITH CAP
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet I of 2
Hugo Reed end Associates, h
other identifiers a indicated
Line Table
Line #
Direction
Length
L1
S88" 22' 25"E
12.00'
L2
Solo 19' 45"w
20.00'
L3
N88' 22' 25"w
12.00'
L4
N01" 20' Ift
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
r l&.
J E. Allen
egistered Professional
Land Surveyor No. 5895
State of Texas
PARCEL /9
Ll COUNTY COUNTY ROAD 6300—(KENT STREET)
J • O PARCEL 23
—
� L3
/0- 00 ACRES
RUDOLF a ADAMRAM/REZ
VOL. 56/4, PG. /37
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.
NOTES:
HEAVY LINES INDICATE PLAT LINTITS.
O - SET 1/2" IRON ROD WITH CAP
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet I of 2
Hugo Reed end Associates, h
other identifiers a indicated
NORTHWEST WATER RECLAMATION PROJECT
Parcel No. 22 - Permanent Easement
PERIMETER SURVEY OF A 0.0055 ACRE TRACT LOCATED IN
SECTION 14, BLOCK A
LUBBOCK COUNTY. TEXAS
METES AND BOUNDS DESCRIPTION of a 0.0055 acre parcel located in Section 14, Block A, Lubbock County, Texas,
being the North 20.00 feet of a 2.46 acre tract described in Volume 7327, Page 332, Real Property Records, Lubbock
County, Texas (RPRLCT), being further described as follows:
BEGINNING at the 1/2" iron rod with cap found 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 Northeast corner of a 2.85 acre tract described in
Volume 7580, Page 73, OPRLCT, and at the Northwest comer of said 2.46 acre tract, which bears S. 88°22'25" E. a distance
of 1384.32 feet from a 3/4" iron pipe found at the Northwest comer of said Section 14, Block A, for the Northwest corner of
this parcel;
THENCE S. 88022'25" E. along the common line of said Section 14, Block A, and said Section 13, Block IS, and along the
South line of said 89.15 acre tract and along the North Line of said 2.46 acre tract a distance of 12.00 feet to a 1/2" iron rod
with cap set at the Northeast comer of said 2.46 acre tract, for the Northeast comer of this parcel;
THENCE S. 01019'45" W. along the East line of said 2.46 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap set,
for the Southeast comer of this parcel;
THENCE N. 88022'25" W. a distance of 12.00 feet to a 1/2" iron rod with cap set in the West line of said 2.46 acre tract and
in the East line of said 2.85 acre tract, for the Southwest comer of this parcel;
THENCE N. 01020'12" E. along the common line of said 2.85 acre tract and said 2.46 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
November 12, 2014
L.
o E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County, TEXAS
09/06/2016 02:52 PM
FEE: $70.00
2016032276
ocher id.0. o i"di.rod
Sheet 2 of