HomeMy WebLinkAboutResolution - 2015-R0291 - Drainage Easement - Windcrest Estacado I LP - 09/10/2015Resolution No. 2015-R0291
Item No. 6.20
September 10, 2015
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, a Drainage Easement in connection with certain property
located at 2016 East Erskine Street Lubbock, Texas, owned by Lubbock Windcrest Estacado I,
L.P., a Texas limited liability company, and all 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.
Passed by the City Council on September 10, 2015
ATTEST:
GLEA . R(59TSON, MAYOR
Rebe ca Garza, City Secretary
AS AI CONTENT:
L. W000rarolin, P.E., Director of Public Works
Dave Booher, Right -of -Way Agent
APP 1
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Mitchell Satte te, First Assistant City Attorney
RES.Drainage Easement -Lubbock Windcrest Estacado 1, L.P.
8.13.15
Resolution No. 2015-RO291
DRAINAGE EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT Lubbock Windcrest Estacado I, L.P., a Texas limited liability company, herein called
"GRANTOR", for and in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS to
GRANTOR in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock
County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the
further good and valuable consideration in benefits accruing and to accrue to the remainder of
GRANTOR'S property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED and
by these presents does GRANT, BARGAIN, SELL and CONVEY, subject to the terms and conditions set
forth in Exhibit "A", unto the CITY OF LUBBOCK, its legal representatives, successors and assigns, for
the use of the public as a perpetual and permanent drainage easement, the free and unintemvpted use,
liberty of passage in, on, along, over, upon, under, and across all that property lying and being situated in
Lubbock County, Texas, and being more particularly described in the attached Exhibit "B".
SO LONG AS the public continues to use said property for the purposes herein stated, said
easement includes, but is not limited to, the free and uninterruped use, liberty and privilege of passage in,
along, over, across, under, upon and against the hereinafter described land for the purpose of constructing,
reconstructing, maintaining, repairing, cleaning and clearing said premises for the free and unobstructed
drainage of surface waters; together with the right of ingress, egress and regress for such purposes in, on,
along, through and across all the property above described.
It is hereby covenanted and agreed that the CITY OF LUBBOCK retains and reserves the right to
set and determine the drainage grade and direction of Flow of surface waters on the real estate above
described and buildings or like permanent structures shall not be erected, built, constructed or allowed to
be erected, built or constructed in, upon, over, along or across the real estate above described, and if such
erection, building or construction does occur in violation of this prohibition, the CITY OF LUBBOCK
shall have the right to remove said building or structure from the aforesaid real estate.
TO HAVE AND TO HOLD the above described easement, together with all and singular, the
rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, its
successors and assigns, for so long as the CITY OF LUBBOCK uses the same for the purposes herein
granted.
THE EXECUTION OF THIS INSTRUMENT this —S day of
t1 2015.
GRANTOR:
Lubbock Windcrest Estacado 1, L.P.,
a Texas limited partnership
By: AHC Windcrest Estacado Associates, LLC,
A Texas limited liability company
Its General Partner
Resolution No. 2015-RO291
By: On Track Ministries, Inc.
A Texas non it c ration,
Its ger
By:
Clifford P. WcDaniel, Executive Director
GRANTEE:
CITY OF LUBBOC
By:
Glen C. Rfiblirlsofi, yor
ATTEST::
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Reb cca Garza, City Secreta
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this
day personally appeared Clifford P. McDaniel, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the some for the purposes and
consideration therein expressed and as the act and deed of said Lubbock Winderest Estacado I, L.P., a
Texas limited partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of t. X2015.
. 11Y/y
w Ig , MEREDITH GODFREY
�s Notary Public. State of Texas Nota Public, State of Texas
»? my Commission Expires My Commission Expires: / / /11
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July 06, 2019
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this
day personally appeared Glen C. Robertson, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and as the act and deed of the City of Lubbock, Lubbock County,
Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day ojW&66P2015.
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7.7.15
Not Public, State of Texas
My ommission Expires:
Exhibit "A"
Grantor shall warrant and forever defend all and singular the easement interests herein conveyed to the
CITY OF LUBBOCK and its heirs, executors, administrators, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from
and exceptions to conveyance and warranty, by, through, or under Grantor, but not otherwise.
This conveyance Is made by Grantor and accepted by the CITY OF LUBBOCK subject to any and all existing
easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty
interests, If any, relating to said property, to the extent, and only to the extent, that the same may still be
In force and effect, and either shown of record in the office of the County Clerk of the County in which
any part of the said property is located, or that may be apparent on said property.
BY ITS ACCEPTANCE OF THIS EASEMENT CONVEYANCE, AND AS A MATERIAL PART OF THE
CONSIDERATION, THE CITY OF LUBBOCK FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (I) ANY
INFORMATION PROVIDED TO THE CITY OF LUBBOCK PERTAINING TO THE SAID PROPERTY BY GRANTOR
HAS NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR, (II) GRANTOR IS NOT MAKING,
AND HAS NOT MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR
COMPLETENESS OF SUCH INFORMATION; AND (111) GRANTOR IS NOT, AND SHALL NOT BE, LIABLE OR
BOUND IN ANY MANNER WHATSOEVER BY ANY WRITTEN OR VERBAL STATEMENT, REPRESENTATION,
REPORT, SURVEYOR INFORMATION FURNISHED TO THE CITYOF LUBBOCK, OR MADE, BY ANY PARTY WITH
RESPECT TO THE SAID PROPERTY OR THE EASEMENT INTEREST HEREBY CONVEYED. THE CITY OF LUBBOCK
SPECIFICALLY AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT SUCH TESTS, STUDIES
AND INVESTIGATIONS AS THE CITY OF LUBBOCK DEEMS NECESSARY AND APPROPRIATE, THE CITY OF
LUBBOCK 15 RELYING SOLELY UPON THE CITY OF LUBBOCK'S OWN INVESTIGATION OF THE SAID PROPERTY
AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. THE CITY OF LUBBOCK FURTHER AGREE5THAT
THE CITY OF LUBBOCK HAS ACCEPTED THE EASEMENT INTEREST IN THE SAID PROPERTY IN ITS CURRENT,
"AS IS," WITH ALL FAULTS CONDITION, AND TO HAVE ASSUMED THE RISK OF ANY MATTER OR CONDITION
WHICH IS LATENT OR PATENT OR THAT COULD HAVE BEEN REVEALED BY ITS INVESTIGATIONS. GRANTOR
HAS NOT MADE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS) ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER AS TO THE VALUE, CONDITION, NATURE, CHARACTER,
SUITABILITY, HABITABILITY OR FITNESS OF THE SAID PROPERTY, THE INCOME TO BE DERIVED
THEREFROM, THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIAL OR OTHER ENVIRONMENTAL
CONDITION OR COMPLIANCE OF THE LAND WITH, OR VIOLATION OF, ANY LAW, STATUTE, ORDINANCE,
RULE OR REGULATION, AND ANY OF SUCH REPRESENTATIONS AND WARRANTIES, AND ANY CLAIMS OR
CAUSES OF ACTION AGAINSTGRANTOR BASED IN WHOLE OR IN PARTON ANY VIOLATION OF, OR ARISING
WITH RESPECT TO, ANY FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE, RULE OR REGULATION ARE
HEREBY EXPRESSLY WAIVED AND RELEASED BYTHE CITY OF LUBBOCK.
-- WailIIBIT
METES AND BOUNDS DESCRIPTION of a 0.0115 acre tract of land located in Section 2, Block A,
Lubbock County, Texas, being a portion of that 21.291 acre tract described in Volume 5634, Page 99,
Real Property Records of Lubbock County, Texas, said 0.0115 acre tract boing further described as
follows:
BEGINNING at a 12" rod with cap marked "HUGO REED ASSOC" found in the South Right -Of -Way
line of Best Erskine Street and in the West line of a 20doot alley as shown on said plat of Tract "A",
Estacado Village Addition at the Northeast plat limits corner of Tract "A", Esmeado Village Addition to
the City of Lubbock as described in Volume 5718, Page 120, and being the Northeast comer of this tract
which beats S. 88°31'47" E. a distance a f 1613.83 feet and S. 01 134'04" E. a distance of 32.00 feet from
the Northwest comer of said Section 2, Block A; ,
THENCE S. 01°34'04" W., along the East line of said Tract "A" Estacado Village Addition and the West
Line of said 20 -foot alley and the West line of said 21.291 acre tract a distance of 10.00 feet to a 12" rod
with cap marked "HUGO REED ASSOC" set for the So"utheast comer of this tract;
THENCE N. 88131147" W., a distanco of 50.00 feet to a 1/2" rod with cap marked "HUGO REED
ASSOC" set for the Southwest comer of this tract;
THENCE N. 01°28'16" E. a distance of 10.00 feet to a 12" rod with cap marked "HUGO REED ASSOC"
set in the South Right -Of -Way line of East Erskine Strect and Tract "A", Estacado Village Addition, for
the Northwest comer of this tract;
THENCE N. 88-31'47" E., along the South Right -Of -Way line of East Erskine Street and Tract "A",
Estacado Village Addition a distance of 50.00 feet to the Point of Beginning.
Bearings are relative to Grid North, Texas Coordinate System on 1983 (2011), Epoch 2010.0 North-
Central Zone.
Surveyed on the ground
November 15, 2013
Robert A. Christopher
Registered Professioad Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
Erskine Parcel # 17008 (DRE) Page 1