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HomeMy WebLinkAboutResolution - 2015-R0338 - Accept Easement - NW Water Reclamation Project - 10/08/2015Resolution No. 2015-RO338 Item No. 4.15 October 8, 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 $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 October 8, 2015 ATTEST: Rebe t ca Garza, City Secret TO CONTENT: L. mod Frf(nklin, P.E., Director of Public Works Dave Booher, Right -of -Way Agent APP DDA TO Chad Weaver, City Attorney RES. Easement-Parce 123 9.16.15 C -T14 G / D20150`40585A X11 PGS ` Ef7S1IEu 1M `rI Resolution COUNTER n No. 2015-R0338 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § GRANTOR, RUDOLPH RAMIREZ, a single man, whose mailing address is 4931 CR 6300, Lubbock, Texas 79415 and ADAM M. RAMIREZ and wife, BEATRICE RAMIREZ, with street address of 5409 East CR 2641, Lubbock, Texas 79403-7391, 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 "Basement") 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 shall 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 Forth 1 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 tunes 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 Form 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 Easement Fom 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. 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 immunity from 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. Final Easement Fom [ Signatures of the Parties on Next Page ] 5 Resolution No. 2015-R0338 EXECUTED this 9F6 day of2015 ("Effective Date'). ATTEST: Qk.ae� J\C Reb cca Garza, City Secretay APPROVED AS TO CONTENT: Ryan GRANTOR: ' 1 t t - r ADAM M. RAMIREZ i W Rm, T GRANTEE: The City of Lubbock By: Name: Glen C. Robertson Title: MAYOR [Acknowledgements of the Parties on Next Page] Final Easement Form 6 STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me onj)��j �� G% , 2015, by Rudolph Ramirez. _ ie 6EF oN°p5 ooBE P° STATE OF TEXAS COUNTY OF LUBBOCK My commission expires: This instrument was acknowledged before me onDiCi' fh 2015, Adam M. Ramirez and wife. Beatrice Ramirez. STATE OF TEXAS § COUNTY OF LUBBOCK § I by This instrument was acknowledged before me on —QJ2015, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. I n �,?O�P RYp��sN Vary P blic tate of m2*(0's;Printed Name of Notary 6 rF? My commission expires: Final Easement Form Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement Forth 8 NORTHWEST WATER RECLAMATION PROJECT Parcel No. 23 - Permanent Easement PERIMETER SURVEY OF A 0.075 ACRE TRACT LOCATED IN SECTION 14, BLOCK A LUBBOCK COUNTY, TEXAS SCALE: 1 "=50' 0,1 —POINT OF BEGINNING -0- — 89-15 ACRES RUSTYPA TTERS01V YLl. 9/57 PG. 59 PARCEL /.9 GRADED CR/YF ROAD 6300—OKENT STREET) PARCEL 2/ J GRADED ROAD— '_]I PARCEL 24 2.85 ACRES RICHARD wESEN IDOL. MO,, 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 6. 1—.. e len Professional Land Surveyor No. 5895 State of Texas /0. 00 ACRES RU96L a ADAM RAM/REZ VOL. 56/4, PG. 137 /0.00 ACRES MIKE AB8E VOL. 6745, PG. /68 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 detcrmining 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 LIhBTS. 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 Copyright 2014, Hugo Recd and Assacietea, Inc. for the sole ose of Tide Co. for OF M and my other identifim as indicated m d¢ cufifieme shown be . Line Table Line # Direcfion Length L1 See° 22' 25'E 164.26' L2 S01' 19' 45"W 20.00' L3 NSB" 22' 25'W 164.26' L4 N01" 19'45"E 20.00' /0.00 ACRES MIKE AB8E VOL. 6745, PG. /68 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 detcrmining 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 LIhBTS. 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 Copyright 2014, Hugo Recd and Assacietea, Inc. for the sole ose of Tide Co. for OF M and my other identifim as indicated m d¢ cufifieme shown be . NORTHWEST WATER RECLAMATION PROJECT Parcel No. 23 - Proposed Permanent Easement PERIMETER SURVEY OF A 0.075 ACRE TRACT LOCATED IN SECTION 14, BLOCK A LUBBOCK COUNTY. TEXAS METES AND BOUNDS DESCRIPTION of a 0.075 acre parcel located in Section 14, Block A, Lubbock County, Texas, being the North 20.00 feet of a portion of a 10.00 acre tract described in Volume 5614, Page 137, 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 comer of a 2.46 acre tract described in Volume 7327, Page 332, RPRLCT, which bears S. 88°22'25" E. a distance of 1396.32 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 10.00 acre tract a distance of 164.26 feet to a 1/2" iron rod with cap set at the Northeast comer of said 10.00 acre tract and at the Northwest corner of a 10.00 acre tract described in Volume 6745, Page 168, RPRLCT, for the Northeast corner of this parcel; THENCE S. 01019'45" W. along the common line of said 10.00 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. 88022'25" W. a distance of 164.26 feet to a 1/2" iron rod with cap set the in the East line of said 2.46 acre tract, for the Southwest comer of this parcel; THENCE N. 01*1945" E. along the East line of 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 A, VJ E. Allen egistered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of Reed eod Ass iatrs, Inc. for dre role use ofride Co.