HomeMy WebLinkAboutResolution - 2015-R0369 - Accept Easement - NW Water Reclamation Project - 11/05/2015No. 2015-R0369
No. 5.12
:mber 9, 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 13, Block JS, 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 $940.00 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 Nnvemhe* 5x2(115
ATTEST:
'P'O'e, e—A---
Rebe fa Garza, City Secretary
AS
GLEWXOBER1rsoN, MAYOR
P.E., Director of Public Works
Dave Booher, Right -of -Way Agent
APPROV D AS TO FORM:
Chad Weaver, City Attorney
RES. Easement -Parcel 33
10.9.2015
1' COUNTERFILING
I 2015043136 11 PGS EASE
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I Resolution No. 2015-R0369
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
GRANTOR, CRUZ OROZCO and wife, LIBRADA OROZCO, with street address of
4520 CR 6300, Lubbock, Texas 79415, for a valuable consideration, to it paid by The City of
Lubbock, Texas (the "Grantee") with offices at 1625 13'h 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 I
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 parry
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 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 parry.
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 Fonn 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 Form 5
Resolution No. 2015-RO369
EXECUTED this day of -Or-+o&-:� r' , 2015 ("Effective Date").
GRANTOR:
CRUZ OROZCO
GRANTEE:
The City of Lubbock
By:
Name: Glen C. Robertson
Title: MAYOR
ATTEST:
the Parties on Next Page]
Final Easement Forth 6
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on Oc40bee 5 2015, by
CRUZ OROZCO and wife, LIBRADA OROZCO.
i11W.Notary Pu*,. State of
STATE OF TEXAS
COUNTY OF LUBBOCK
'f' Public, to of Texas
Jkfn/A " L Li )&G
Printed Name of Notary /
My commission expires:
This instrument was acknowledged before me on NU,t S , 2015,
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on
said Texas Home Rule Corporation. _ n
WDEq C;4
2 :0 ) N
¢E
Final Easement Form
My commission expires: f e W I'j� 1.(/)
-
by GLEN
behalf of
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Final Easement Form 8
NORTHWEST WATER RECLAMATION PROJECT
Parcel No. 33 -Permanent Easement
PERIMETER SURVEY OF A 0.092 ACRE TRACT LOCATED IN
SECTION 13, BLOCK JS
LUBBOCK COUNTY. TEXAS
SCALE: 1"=50'
36.82 ACRES
KYLE ZAHN
IVOL. 8348, RG. 321
it
COUNTY
6.42 ACRES
DONNNIE BALDRIDGE
✓OL. 6625 PG 266
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 14, 2014
eoE. nrofessional
Land Surveyor No. 5895
State of Texas
1.99 ACRES
CRUZ 8 LIBRADA OROZCO
CCF#2009004793
T
PARM 35
OF
6.75 ACRES
JOSEPH 8 DOiUNA HOWELL
CCF,0200B036588
36.82 ACRES
KYLE ZAHN
IDOL. 8348, PG 321
_w_
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 panels. Recorded or unrecorded
documents other than those shown on this survey may exist and
encumber this property.
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
O - SET 1/2" IRON ROD WITH CAP
0 - SET MAG NAIL WITH CAP
® - FOUND l/2" IRON ROD WITH CAP
0 - FOUND MAG NAIL
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet l of
2014, Hugo Recd and Associates, Im. far the sole nm ofmide Co.
,d any other identifiers. Wi®ed m the ee dfiate shown heron
Line Table
Line #
Direction
Length
Ll
NW 22' 25oW
200.00'
L2
NOI' 45' 58"E
20.00'
L3
SSB• 22' 25"E
2110.00'
L4
Sol* 45' Se"W
20.00'
1.99 ACRES
CRUZ 8 LIBRADA OROZCO
CCF#2009004793
T
PARM 35
OF
6.75 ACRES
JOSEPH 8 DOiUNA HOWELL
CCF,0200B036588
36.82 ACRES
KYLE ZAHN
IDOL. 8348, PG 321
_w_
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 panels. Recorded or unrecorded
documents other than those shown on this survey may exist and
encumber this property.
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
O - SET 1/2" IRON ROD WITH CAP
0 - SET MAG NAIL WITH CAP
® - FOUND l/2" IRON ROD WITH CAP
0 - FOUND MAG NAIL
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet l of
2014, Hugo Recd and Associates, Im. far the sole nm ofmide Co.
,d any other identifiers. Wi®ed m the ee dfiate shown heron
NORTHWEST WATER RECLAMATION PROJECT
Parcel No. 33 - Permanent Easement
PERIMETER SURVEY OF A 0.092 ACRE TRACT LOCATED IN
SECTION 13, BLOCK JS
LUBBOCK COUNTY. TEXAS
METES AND BOUNDS DESCRIPTION of a 0.092 acre parcel located in Section 13, Block JS, Lubbock County, Texas,
being the South 20.00 feet of a 1.99 acre tract described in County Clerk File Number (CCFN) 2009004793, Official Public
Records, Lubbock County, Texas (OPRLCT), being further described as follows:
BEGINNING at a mag nail found in the South line of said Section 13, Block IS, and in the North line of Section 14, Block
A, Lubbock County, Texas, and in the North line of a 6.75 acre tract described in CCFN 2008036588, OPRLCT, and at the
Southeast comer of said 1.99 acre tract, which bears N. 88°22'25" W. a distance of 1075.10 feet from a 1/2" iron pipe found
at the Southeast comer of said Section 13, Block JS, for the Southwest corner of this parcel;
THENCE N. 88022'25" W. along the common line of said Section 13, Block IS, and said Section 14, Block A, and along the
North line of said 6.75 acre tract and along the South line of said 1.99 acre tract at 143.70 feet pass a 1/2" iron rod with cap
found at the Northwest comer of said 6.75 acre tract and at the Northeast corner of a 6.42 acre tract described in Volume
6625, Page 266, Real Property Records, Lubbock County, Texas, continuing along said common Section line, and along the
North line of said 6.42 acre tract and along the South line of said 1.99 acre tract, for a total distance of 200.00 feet to a mag
nail found at the Southwest comer of said 1.99 acre tract, for the Southwest comer of this parcel;
THENCE N. 01045'58" E. along the West line of said 1.99 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap set
for the Northwest corner of this parcel;
THENCE S. 88022'25" E. a distance of 200.00 feet to a mag nail with cap set in the East line of said 1.99 acre tract, for the
Northeast corner of this parcel;
THENCE S. 01045'58" W. along the East line of said 1.99 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 14, 2014
j.
9E=d
Professionall
Land Surveyor No. 5895
State of Texas
Sheet 2 of 2
Reed and Associates. Inc. for the sole use of Title Co.
identifiers es indicated in the certifiente shown heaoe.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
,is- ,41
Kelly`-
Kelly Pinion County Clerk
Lubbock County TEXAS
12/07/2015 02:28 PM
FEE: $62.00
2015 43136