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HomeMy WebLinkAboutResolution - 2015-R0209 - Accept Easement - NW Water Reclamation Project - 06/11/2015Resolution No. 2015-R0209 Item No. 5.5 June 11, 2015 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 $24,417.56 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 GLEWC'ROBtRTSON, MAYOR ATTEST: 3�( Re ecca Garza, City Secretat 111041ON111019 111019 of Public Works Dave Booher, Right -of -Way Agent APPR AS 7 FORM: Chad Weaver, City Attorney RES.Easement-Parcel 8, 8A 6.9.15 Resolution No. 2015-R0209 EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK ROYALTIES UNLIMITED, INC., a Texas Corporation, whose mailing address is Post Office Box 1117, Lubbock, Texas 79408-1117 and THE PAUL L. PAYNE, JR. ESTATE TRUST, a testamentary trust created under the LAST WILL AND TESTAMENT of PAUL L. PAYNE, JR., Deceased, Cause No. 8708, Probate Court, Gillespie County, Texas, with street address of 1853 Pedernales Estates Road, Fredericksburg, Texas 78624, hereinafter collectively referred to as GRANTOR, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 130' 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: Final Easement & Temporary Easement Form 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. 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. Final Easement & Temporary Easement Forth 2 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. 9. This grant of Easement shall not preclude the right of Grantor to cultivate, use, and enjoy the Lands for any purposes which will not constitute an interference with the Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's property at the sole discretion of the Grantee. 10. Grantee shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of abandonment of said Easement as provided in 3 above, the title and interest herein granted shall end, cease, and terminate, and title to the Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. 11. Grantor warrants and represents that the title to the Lands described herein are vested in the Grantor, free and clear of any liens and/or encumbrances. Grantor shall provide to Grantee an executed release from any lien holder, tenant, lessee, or other party having an interest in the Lands. 12. Grantor shall procure and have recorded without cost to Grantee all assurances of title and affidavits which the Grantor may be advised by Grantee are necessary and proper to show in Grantor title sufficient to grant the above easement free and clear of encumbrances other than those encumbrances expressly defined herein. Abstracts or certificates of title or title insurance may be procured by the Grantee at its expense. The expense of recording this Easement shall be home by Grantor. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents needed. 13. Grantee shall have the right to use Grantor's property located immediately adjacent to the Easement and as described on Exhibit B attached hereto and incorporated herein as thought set forth verbatim for the following: A. detouring around natural impediments within the Easement; or B. the construction, maintenance, repair and removal of the Pipeline System within the Easement. Final Easement & Temporary Easement Form 3 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. 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 parry 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 & Temporary Easement Form 4 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. 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. 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. 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 & Temporary Easement Form Resolution No. 2015-R0209 EXECUTED this 215" day ofr"t� 2015 ("Effective Date"). GRANTOR: ROYALTIES UNLIMITED, INC., a Texas Corporation GIMMIS Reb cca Garza, City Secretary Bradley H. Payne, Pr ident THE PAUL L. PAYNE, JR. ESTATE TRUST Payne, Co - Co -Trustee GRANTEE: The City of Lubbock By: Name- len C. Robertson Title: Mayor [Acknowledgements of the Parties on Next Page] Final Easement & Temporary Easement Form 6 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on MG.• Vav , 2015 by Bradley H. Payne, President, on behalf of ROYALTIES UNLIMITED, INC., a Texas Corporation. STATE OF TEXAS COUNTY OF GILLESPIE Notary Public, State of ► cy w Printed Name of Notary ' My commission expires: I2 ty 45 This instrument was acknowledged before me on �12arg .27 , 2015 by Jean G. Payne, Co -Trustee and Angela P. Hoermann, Co -Trustee; on behalf of THE PAUL L. PAYNE, JR. ESTATE TRUST. ��y, ROSE M. GUEVARA NftYPt .stWdTfes ' FV1� P,'00 MyCmv*" EON February 03, 2016 STATE OF TEXAS COUNTY OF LUBBOCK NoY ,y Public, State of 1 eA e r /C. j A7 / k(WA-A Printed Name of Notary My commission expires: - 3 — /G This instrument was acknowledged before me on 1 2015, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said `T P o ggj p CRule Corporation. '2Qo p'ELY 9 OFA_ . Final Easement & Temporary Emment Forth Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Form 3v ;oepwp z wcnm v 5. 3-iZ n gy m Nm 6 ° z -MM-, ° B o°o Wei F'1 2.388 ALRES 6-{O `o� GOT 30 A LOT4v ^_ $ ° �+ N (� TEXCRAFT, NG: p Z ➢� CGOV7S ROAD AM770V ^� 20N3 ROAD II z 1 �^ m ° 4 a lK�• 7579 fYa'. 304 ti KY. 37M Fb. 13 \pf A0917XW o u o m L8 n �L Va- 1505, A5. 647 z./ R N NyEE ENE `°'t7 n I$ cI w u lrl o w c c R b y H `� �f+97� �+ tri PC pw s c 7y oo�i 6; on { Mcr p y N y " CIl o a o o oro a ^_! o O� yy4 C O rri ryr�f yrs o n s = 9 !� C" R O <Z � m z v Err y M m ''� -Al - $ P'n �`r I O ,y G >; n RM gyp' .- wNO.. VRJI � tip9 CS IF u �� D T y.� O NO •r g H p $� DC q-4 �z°z00 aNO�oog0g^9 n.9; me 0 ory �OC7]m Ow n " y z a fFRp/VTqGr. G2 ��x, w �i� BOO ,ROAD, —mmm� Nm C) m m " C) m P�89 �\ FF » y 4g,m c Z O o n u$m 0 .2z N NORTHWEST WATER RECLAMATION PROJECT Parcel No. 8 - Permanent Easement PERIMETER SURVEY OF A 0.606 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY. TEXAS METES AND BOUNDS DESCRIPTION of a 0.606 acre parcel located in Section 18, Block A, Lubbock County, Texas, being a portion of 23.749 acre tract described in County Clerk File Number 2010007389, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found 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 3772, Page 13, Real Property Records, Lubbock County, Texas, and in the West line of said 23.749 acre tract, which bears N. 01050144" 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. 01041'40" W. a distance of 1630.99 feet and S. 88'18'20" E. a distance of 2541.98 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 N. 62004'01" E. a distance of 333.01 feet to a 1/2" iron rod with cap found at the most Southerly comer of a 20.00 foot utility easement described in Volume 1824, Page 395, Deed Records, Lubbock County, Texas, for a comer of this parcel; THENCE N. 34050'06" E. along the East line of said 20.00 foot utility easement a distance of 323.65 feet to a 1/2" iron rod with cap found at the Northeast comer of said 20.00 foot utility easement and in the Northeast line of said 23.749 acre tract and in the Southwest line of U.S. Highway 84 (Clovis Road) described in Volume 992, Page 397, Deed Records, Lubbock County, Texas, for the most Northerly Northwest comer of this parcel; THENCE S. 55°05'21" E. along the Northeast line of said 23.749 acre tract and along said Southwest line of U.S. Highway 84 a distance of 414.40 feet to a 1/2" iron rod with cap found at a point of intersection as described in the Judgement recorded in Volume 802, Page 591, Deed Records, Lubbock County, Texas, for a comer of this parcel; THENCE Southeasterly along the common line of said 23.749 acre tract and said U.S. Highway 84, around a curve to the right, having a radius of 215.00 feet, a chord bearing S. 19°07'25" E. and a chord distance of 252.77 feet to a 1/2" von rod with cap found at a point of intersection, for the Southeast comer of this parcel; THENCE N. 73007'l 4" W. a distance of 20.00 feet to a 1/2" iron rod with cap set at a point of intersection, for a comer of this parcel; THENCE Northwesterly and parallel with the common line of said 23.749 acre tract and said U.S. Highway 84, along a curve to the left, having a radius of 195.00 feet, a chord bearing N. 19°07'25" W. and a chord distance of 229.25 feet to a 1/2" iron rod with cap set at a point of intersection, for a comer of this parcel; THENCE N. 55°05'21" W. a distance of 394.38 feet to a 1/2" von rod with cap set for an'ell' comer of this parcel; THENCE S. 34050'06" W. a distance of 308.47 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 62°04'01" W. a distance of 349.29 feet to a 1/2" iron rod with cap set in the West line of said 23.749 acre tract and in the East line of said Princeton Street for the Southwest corner of this parcel; THENCE N. 01 050'44" E. along the West line of said 23.749 acre tract and along the East line of said Princeton Street, a distance of 23.04 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 20, 20015 gegisE. Allen tered Professional Land Surveyor No. 5895 State of Texas Sheet 2 Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Easement Form r ay od�m —c(1) v Z. wig! 3—Iz a ay oa &R o omm n o 2.388 AMES I� -m-I � LOT30 L072P ii Y f1� n a TEXQ?AFT AVC- Z LYONS ROADA00/T/AY CLONSROAO c pgg ..f 4 e. VCL. 7579. FG. 304 VOL- 3772 PG. /3 Fet ADO/MV o �' r -war Ll ,D KY. 16M FG. 647 g i.'z H SIX/ r1JEd5 COBRA O LOrx SEARS S. O/5044 ZALISIAM-F OF a N % o 4.4/'FRW EA4E?A!W COBq V "a o� m CM) nF-, o 8- R ,qea ,toGo oi Ci N e [n y `Sj G Pj s v ` y' y • F'F �'iS �{9 [-+ n h7 pn M`.♦� r y "r,ca o - cpti H m"H St 0 ao 00 724 C) oo�am c ee yWn� e a P. ��11 CCCCCCNN���ii=111111 s O ttl •� O a n cy y ^ m o: 'x'i �. HN z a. d a �� 010 --a o a as a y n s s Mw E� oo®o a d�t�q�°dy�� H ox Mw off. ���y 5°' �•0� d '3ppyg �j_i5j F n '�S aid CO D= � NooN%1N z �" jazz Oa a � D 0 °°zozon a y� zzda w O (FR�TAG ff ow - T0= mrn � COPze04CV end 9 _�7'� 3 � mm�m III m m Yn' g c Z O nom n� •-n ,Rz N r m G: 6 G o � O � N O Q � itpri r� � AM NORTHWEST WATER RECLAMATION PROJECT Parcel No. 8-A - Temporary Easement PERIMETER SURVEY OF A 0.584 ACRE TRACT LOCATED IN SECTION 18, BLOCK A LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.584 acre parcel located in Section 18, Block A, Lubbock County, Texas, being a portion of 23.749 acre tract described in County Clerk File Number 2010007389, 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 3772, Page 13, Real Property Records, Lubbock County, Texas, and in the West line of said 23.749 acre tract, which bears N. 01'50'44" 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 1630.99 feet and S. 88018'20" E. a distance of 2541.98 feet from an Went in concrete found at the Northwest comer of Section 18, Block A, for the most Westerly Northwest corner of this parcel; THENCE N. 01 050'44" E. along the West line of said 23.749 acre tract and along the East line of said Princeton Street, at 41.68 feet pass a 1/2" iron rod with cap found at the Northeast comer of said Princeton Street and the Southeast comer of Lot 30, Clovis Road Addition, to the City of Lubbock, according to the map, plat and/or dedication deed thereof recorded in Volume 3772, Page 13, Real Property Records, Lubbock County, Texas, continuing for a total distance of 46.09 feet to a point for the Northwest comer of this parcel; THENCE N. 62°04'01" E. at 294.04 feet pass the South line of a 20.00 foot utility easement described in Volume 1824, Page 395, Deed Records, Lubbock County, Texas, continuing for a total of 300.43 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 34050'06" E. at 14.13 feet pass the North line of said 20.00 foot utility easement, continuing for a total distance of 314.02 feet to a 1/2" iron rod with cap set in the North line of said 23.749 acre tract and in the Southwest line of U.S. Highway 84 (Clovis Road) described in Volume 992, Page 397, Deed Records, Lubbock County, Texas, for the Northeast comer of this parcel; THENCE S. 55°05'21" E. along the Northeast line of said 23.749 acre tract and along said Southwest line of U.S. Highway 84, at 20.00 feet pass the Northwest comer of said 20.00 foot utility easement, continuing for a total distance of 40.00 feet to a 1/2" iron rod with cap set at the Northeast corner of said 20.00 foot utility easement, for the Northeast comer of this parcel; THENCE S. 34050'06" W. along the East line of said 20.00 foot utility easement a distance of 323.65 feet to a 1/2" iron rod with cap set at the most Southerly comer of said 20.00 foot utility easement, for a comer of this parcel; THENCE S. 62°04'01" W. a distance of 333.01 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 April 4, 20144 gegi L, l �C� EAllen tered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 Assorietes, Wo . forth,,ole use of Title Co.