Loading...
HomeMy WebLinkAboutResolution - 2015-R0233 - Accept Easement - NW Water Reclamation Project - 07/23/2015No. 2015-R0233 No. 6.8 23, 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 $600.00 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 July 23, 2015 TTEST: Garza, City Secretary AS GLE9�0,613EYFSON, MAYOR P.E.. Direaorof%blic Works Booher, Right -of -Way Agent FORM: Weaver, City Attorney ;.Easement -Parcel 38 15 2015040750 III ha � �:�.Nti�Fi��iF�1110'101tiR11Hhh'll1 11111 Resolution No. 2015-RO233 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § GRANTOR, JOSEPH HOWELL and wife, DONNA HOWELL, with street address of 5401 20th Street, Lubbock, Texas 79407, 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. 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 Forth 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 grunt 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 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 Form 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 Basement Form 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 Porth 5 "Resolution No. 2015-R0233 EXECUTED this 30B day of V O%C 2015 ("Effective Date"). GRANTOR: JOSEP HOW L [! GRANTEE: The City of Lubbock By: Name:en C. Robertson Title: ATTEST: >/<— Rebjcca Garza,. City S7ecretaiv [Acknowledgements of the Parties on Next Page] Ryan J. Final Easement Form 6 STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on %/4 2015, by Joseph Howell and wife, Donna Howell. TIFFANY SIGIe 01 Tex 1 he ;e of Texas Notory p�"V Nes �omtnlsslo�2D117 F.. MV Augus121, Printed e of Notary My commission expires: STATE OF TEXAS § COUNTY OF LUBBOCK & This instrument was acknowledged before me ci 2015, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Tdome Pule Corporation on behalf of said Texas Home Rule Corporation. My commission expires: Final Easement Form Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement Fonn /A\ NORTHWEST WATER RECLAMATION PROJECT Parcel No. 38 - Permanent Easement PERIMETER SURVEY OF A 0.560 ACRE TRACT LOCATED IN SECTION 14, BLOCK A LUBBOCK COUNTY, TEXAS SCALE: 1"=150' /.99 ACRES CRUZ 8 L/BRADA OROZCO CCF#2009004793 36.82 ACRES KYLE ZAHN t/0.. 8348, PG. 32/ 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 17, 2014 Jo E. Allen gistered Professional Land Surveyor No. 5895 State of Texas 2.258 ACRES SH/ELA HALL /0.. 9732, PG. P �1 /. /3 ACRES ROYHERNANDEZ l/0.. 8998, PG. /81 COUNTY ROAD 6.75 ACRES JOSEPH B DONNA HOWELL CCF#2008036588 3.338 ACRES JERRY SHAWN CCF#2007038747 POINT OF (KENT STREET) 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. Z N � �- J Q g hW2� to h V h V NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP ® - FOUND 1/2" IRON ROD WITH CAP 0 - FOUND 1/2" IRON ROD • - FOUND 1/2" IRON PIPE 0 - FOUND MAO NAIL A - FOUND RAIL ROAD SPIKE A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. Ld any other identifiers as indicatcd in the certificate shown hereon. Line Table Line # Direction Length L1 Sor 58' 54'w 20.00' L2 N8e" 22' 25"w 1218.67 L3 L4 NOI• 37' 4T"E See" 22' 25"E 20.00' 1218.80' 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 17, 2014 Jo E. Allen gistered Professional Land Surveyor No. 5895 State of Texas 2.258 ACRES SH/ELA HALL /0.. 9732, PG. P �1 /. /3 ACRES ROYHERNANDEZ l/0.. 8998, PG. /81 COUNTY ROAD 6.75 ACRES JOSEPH B DONNA HOWELL CCF#2008036588 3.338 ACRES JERRY SHAWN CCF#2007038747 POINT OF (KENT STREET) 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. Z N � �- J Q g hW2� to h V h V NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP ® - FOUND 1/2" IRON ROD WITH CAP 0 - FOUND 1/2" IRON ROD • - FOUND 1/2" IRON PIPE 0 - FOUND MAO NAIL A - FOUND RAIL ROAD SPIKE A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. Ld any other identifiers as indicatcd in the certificate shown hereon. NORTHWEST WATER RECLAMATION PROJECT Parcel No. 38 - Permanent Easement PERIMETER SURVEY OF A 0.560 ACRE TRACT LOCATED IN SECTION 14, BLOCK A LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.560 acre parcel located in Section 14, Block A, Lubbock County, Texas, being the North 20.00 feet of a 6.75 acre tract described in County Clerk File Number (CCFN) 2008036588, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron pipe found at the Northeast comer of said Section 14, Block A, and at the Northwest comer of Section 13, Block A, Lubbock County, Texas, and at the Southeast comer of Section 14, Block JS, Lubbock County, Texas, and at the Southeast corner of Section 13, Block IS, Lubbock County, Texas, and at the Northwest corner of the North Half of said Section 13, Block A, described in Volume 67, Page 510, Deed Records, Lubbock County, Texas (DRLCT), and at the Northwest comer of a 50.00 foot State of Texas highway easement described in Volume 935, Page 105, DRLCT, and at the Southwest comer of a 622.59 acre tract described in CCFN 2010003402, OPRLCT, and at the Southeast comer of a 50.00 foot State of Texas highway easement described in Volume 952, Page 369, DRLCT, and at the Southeast comer of a 3.338 acre tract described in CCFN 2007038747, OPRLCT, for the Northeast corner of this parcel; THENCE S. 01'58'54" W. along the common line of said Section 13, Block A, and said Section 14, Block A, and also being the common line of said 6.75 acre tract and said North Half of Section 13, Block A, 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 1218.67 feet to a 1/2" iron rod with cap set in the West line of said 6.75 acre tract and in the East line of a 6.42 acre tract described in Volume 6625, Page 266, Real Property Records, Lubbock County, Texas, for the Southwest comer of this parcel; THENCE N. 01'3747" E. along the common line of said 6.75 acre tract and said 6.42 acre tract a distance of 20.00 feet to a 1/2" iron rod found in the common line of said Section 14, Block A, and said Section 13, Block IS, and at the Northeast comer of said 6.42 acre tract and at the Northwest comer of said 6.75 acre tract and in the South line of a 1.99 acre tract described in CCFN 2009004793, OPRLCT, for the Northwest comer of this parcel; THENCE S. 88°2225" E. along said common line of Section 14, Block A, and Section 13, Block IS, and along the North line of said 6.75 acre tract, and along the South line of said 1.99 acre tract, and along the South line of the following tracts; a 36.82 acre tract described in Volume 8348, Page 321, OPRLCT, a 2.258 acre tract described in Volume 9732, Page 207, OPRLCT, a 1.13 acre tract described in Volume 8998, Page 184, OPRLCT, said 3.338 acre tract and said 50.00 foot State of Texas highway easement, for a total distance of 1218.80 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 17, 2014 gE 06L E llend Professional Land Surveyor No. 5895 State of Texas Sheet 2 of Associates, inc. for the sole useof Title Co. ss indieted in the cerfifiate shown hereon.