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HomeMy WebLinkAboutResolution - 2014-R0070 - Accept Easement Block JS - 02/27/2014RESOLUTION 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 33, Block JS, Lubbock, Lubbock County, Texas, 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 $334.00 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 February 27, 2014 GL RO ERTSON, MAYOR ATTEST: 00 _X_ Rebe ca Garza, City Secret APPROVED AS TO C NTE T: R. Keith Smith, P.E., Director of Public Works Dave Booher, Right -of -Way Agent AZZIA TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs: RES. Easement -Johnson, P January 22, 2014 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § Phillip Johnson and wife, Gertrude Johnson, with an address of P. O. Box 950, Shallowater, TX 79363, herein after collectively referred to as Grantor, 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 to install transmission lines and to 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, pipeline trail road on non cultivated areas, 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 and/or waste water 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 the sole purpose of. (a) the right to perform Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for 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 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, Pipeline Easement Agreement 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, in compliance with all Legal Requirements, 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 and/or waste water, 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. Unless Grantor agrees otherwise in writing, Grantee agrees 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 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. 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. Pipeline Easement Agreement 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 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. 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 Pipeline Easement Agreement 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. 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. Pipeline Easement Agreement 4 23. Unless determined by an outside engineer to be impractical due to the existence of rock or material elevation change, all ditching shall be in accordance with the "double ditch" method whereby the top twelve inches (12") of soil (the "Top Soil") shall be removed from the Pipeline System trench (the "Trench") and stored in a pile that is segregated from all other material and debris, and the remaining soil (the "Bottom Soil") shall be removed from the Trench and stored in a pile that is segregated from the Top Soil. When the Trench is refilled after the Pipeline System has been laid and the Pipeline Equipment installed, the Bottom Soil shall be placed in the trench first leaving room to fill the uppermost twelve inches (12") of the Trench to be filled with Top Soil. Top Soil shall be used to fill the remainder of the Trench. Any Bottom Soil remaining after filling the Trench shall be removed from the Easement and disposed of off of the property of Grantor. As stated above, single ditching shall be allowed in all areas where "double ditching" is impractical (as determined by an outside engineer) due to the existence of rock or material elevation change. 24. 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. 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 ] Pipeline Easement Agreement EXECUTED this 5th day of November, 2013 ("Effective Date"). •7.,124 11 $ . .omyc"'w"n", dERTRUDE �� - GRANTEE: The City of Lubbock By: Name: en C. Robertson Title: Mayor ATTEST: AP,&,-, -,� Ref cca Garza, City Se ret [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: mil l 1�11tECIoR of P149LIG wo4ens APPROVED AS RM• Ryanf Big ee, ttorney Pipeline Easement Agreement STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on 6uer,1va e"' , 2013, by PHILLIP JOHNSON. 4KEA,L4 'g(Expires STATE OF TEXAS COUNTY OF LUBBOCK • 6 - Notary Public, State of Texas Printed Name of Notary My commission expires: 12-11- 701,5 This instrument was acknowledged before me on Mt -0.111\0 ew ' 2013, by GERTRUDE JOHNSON. ` pyPut 20 (r p A"Ita A t'( )m';nq 9:t �O 2/1�112�11 5_;o�tx;a;�g3 P STATE OF TEXAS COUNTY OF LUBBOCK "- &. 6nit" NotPublic State of Texas _1\ \� ,, 1 � . Ci l - . V, -, Printed Name of Notary My commission expires: 11- • I H - -1015' 46 This instrument was acknowledged before me on 28 , 201$, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. CEUA WEBB EC� Noi�l►RW so of To= MyCon�eion 0.9-01.2018 &" z L�� Notary blic, State of �rtC4s Printed Name of Notary&jla Webb My commission expires: 03-01- 2018 Pipeline Easement Agreement 7 Exhibit A Legal Description of the Perpetual Exclusive Easement Pipeline Easement Agreement I /.B37AG4ES ✓AWRMAR rAEZ1.84 A07ES i 1 VOL. 7205 PG. 69 1 �' �� '� RONALD a 144V/ GOIULETTE I07'AKYT-LF`-wAr W WE. 2453, PG. 78 03.24 A=7.r 52 50'R�;HT-GIS-WAY Vtrx. /380 PC.. 754 - SECrOVX� BL D-5 SECMV3G BLOCKO-5 S£CT7pV 34, BL ✓S TjOy -� Od C - POINT OF BEGINNING O 50'AMW-Cts-WAY �� 50'Rnyr-Ac--wAr j - - Va. /3ao PG 757 PM. 13M PG. 76/ f/ t W O /. /5 ACRES I `O (DARRELL 8 ✓ yWOR L VCV-. 33/6, PG 2/7 COUNTY ROAD 61D0 E/2 Oit- THE NW/4 SECTigv 34, BLOCK ✓S Q 1 Line Table ✓AY STANTGIN h �' 1 ! 5.28 ACRES 5.28 AQWS VOL. 9217, PG 255` ° l PF//LL/P 8 GERTRLDESGW Line # Direction Length FRAhV(S ✓OAQUVA L64A 2oo7D46834 PIX. /896, PG. 328 Ll S88' 14'45"E 275 00' -� L2 S0I°50'24"W 30.00' L3 N88-14-45- 275.00' SFC70V 3Z BLOCK JS ` !^ lNS/AN a L OC4 77alf L4 NOV 50124-E 30.001 NOTES: PM. 15.9, OMPA 770V PG. 396Bearings are relative to the Texas Coordinate System of 1983, HEAVY LINES INDICATE PLAT LIMITS. North Central Zone, NAD 83 (2011), Epoch 2010.0 O - SET 1/2" IRON ROD WITH CAP • - SET MAG NAIL WITH WASHER Distances are surface, U.S. Survey feet. A - FOUND RAIL ROAD SPIKE Combined Scale Factor: 1.0002347 OF �� p - FOUND 1/2" IRON ROD Surveyed on the ground. Q` GIyTF - A legal description ofeven survey date ()clobcr 3.3013 � O � Note:No abstract of title or title commitment was provided to herewith accompanies this plat of survey. ot JOHN E. ALLEN this surveyor. Record research done by this surveyor was made Sheet 1 of 2' / only for the purpose of determining the boundary of this r" .o* 5895 4; property and of the adjoining parcels. Record documents other HUGO REED 3.hE. Allen OFESSI()Othan those shown on this survey may exist and encumber this AND ASSOCIATES, INC. Pz stcred Professional v�(i property. LAND SURVEYORS 1601 AVENUE N SUR CIVIL ENGINEERS LUBBOCK, TEXAS 79401 Land Surveyor No. 5895 TEXAS LICENSED SURVEYING FIRM 70067600 PHONE: 6061763-5642 State of Texas TEXAS REGISTERED ENGINEERING FIRM F -M FAX: 8061763-3891 Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co forOF H and any other identifiers as indicated in the certificate shown hereon. BAILEY COUNTY WATER PIPELINE Parcel No. 44 - Permanent Easement PERIMETER SURVEY OF A 0.189 ACRE TRACT LOCATED IN SECTION 33, BLOCK JS LUBBOCK COUNTY, TEXAS SCALE: 1 "=50' I /.B37AG4ES ✓AWRMAR rAEZ1.84 A07ES i 1 VOL. 7205 PG. 69 1 �' �� '� RONALD a 144V/ GOIULETTE I07'AKYT-LF`-wAr W WE. 2453, PG. 78 03.24 A=7.r 52 50'R�;HT-GIS-WAY Vtrx. /380 PC.. 754 - SECrOVX� BL D-5 SECMV3G BLOCKO-5 S£CT7pV 34, BL ✓S TjOy -� Od C - POINT OF BEGINNING O 50'AMW-Cts-WAY �� 50'Rnyr-Ac--wAr j - - Va. /3ao PG 757 PM. 13M PG. 76/ f/ t W O /. /5 ACRES I `O (DARRELL 8 ✓ yWOR L VCV-. 33/6, PG 2/7 COUNTY ROAD 61D0 E/2 Oit- THE NW/4 SECTigv 34, BLOCK ✓S Q 1 Line Table ✓AY STANTGIN h �' 1 ! 5.28 ACRES 5.28 AQWS VOL. 9217, PG 255` ° l PF//LL/P 8 GERTRLDESGW Line # Direction Length FRAhV(S ✓OAQUVA L64A 2oo7D46834 PIX. /896, PG. 328 Ll S88' 14'45"E 275 00' -� L2 S0I°50'24"W 30.00' L3 N88-14-45- 275.00' SFC70V 3Z BLOCK JS ` !^ lNS/AN a L OC4 77alf L4 NOV 50124-E 30.001 NOTES: PM. 15.9, OMPA 770V PG. 396Bearings are relative to the Texas Coordinate System of 1983, HEAVY LINES INDICATE PLAT LIMITS. North Central Zone, NAD 83 (2011), Epoch 2010.0 O - SET 1/2" IRON ROD WITH CAP • - SET MAG NAIL WITH WASHER Distances are surface, U.S. Survey feet. A - FOUND RAIL ROAD SPIKE Combined Scale Factor: 1.0002347 OF �� p - FOUND 1/2" IRON ROD Surveyed on the ground. Q` GIyTF - A legal description ofeven survey date ()clobcr 3.3013 � O � Note:No abstract of title or title commitment was provided to herewith accompanies this plat of survey. ot JOHN E. ALLEN this surveyor. Record research done by this surveyor was made Sheet 1 of 2' / only for the purpose of determining the boundary of this r" .o* 5895 4; property and of the adjoining parcels. Record documents other HUGO REED 3.hE. Allen OFESSI()Othan those shown on this survey may exist and encumber this AND ASSOCIATES, INC. Pz stcred Professional v�(i property. LAND SURVEYORS 1601 AVENUE N SUR CIVIL ENGINEERS LUBBOCK, TEXAS 79401 Land Surveyor No. 5895 TEXAS LICENSED SURVEYING FIRM 70067600 PHONE: 6061763-5642 State of Texas TEXAS REGISTERED ENGINEERING FIRM F -M FAX: 8061763-3891 Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co forOF H and any other identifiers as indicated in the certificate shown hereon. BAILEY COUNTY WATER PIPELINE Parcel No. 44 - Permanent Easement PERIMETER SURVEY OF A 0.189 ACRE TRACT LOCATED IN SECTION 33, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.189 acre parcel located in Section 33, Block JS, Lubbock County, Texas, being a portion of 5.28 acre tract described in County Clerk File Number 2007046834, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod found (North: 7307813.48', East: 911712.29') at the common comer of Sections 33 and 34, Block JS, and Sections 35 and 36, Block D-5, Lubbock County, Texas, being the Northeast corner of the East Half of the Northeast Quarter of said Section 34, Block JS, described in Volume 920, Page 255, Deed Records, Lubbock County, Texas, and at the Northeast corner of a 50.00 foot right-of-way easement described in Volume 1380, Page 767, Deed Records, Lubbock County, Texas, and at the Northeast comer of a 20.00 foot gas line easement described in Volume 1193, Page 2, Deed Records, Lubbock County, Texas, and in the South line of a 3.24 acre tract describe in Volume 2711, Page 152, Real Property Records, Lubbock County, Texas, and at the Southeast corner of a 50.00 foot right-of-way easement described in Volume 1380, Page 754, Deed Records, Lubbock County, Texas, and at the Northwest corner of a 50.00 foot right-of-way easement described in Volume 1380, Page 761, Deed Records, Lubbock County, Texas, and at the Northwest corner of a 10.00 foot gas line easement described in Volume 1193, Page 1, Deed Records, Lubbock County, Texas, and at the Northwest corner of said 5.28 acre tract, for the Northwest comer of this parcel; THENCE S. 88014'45" E. along the common line of said Section 33, Block JS, and Section 36, Block D-5, and in the common line of said 50.00 foot right-of-ways, also being the North line of said 5.28 acre tract, at 10.00 feet pass the Northeast comer of said 10.00 foot gas line easement, continuing for a total distance of 275.00 feet to a rail road spike found in the South line of a 1.84 acre tract described in Volume 2453, Page 78, Real Property Records, Lubbock County, Texas, and at the Northeast corner of said 5.28 acre tract, and at the Northwest corner of a 5.28 acre tract described in Volume 1896, Page 328, Deed Records, Lubbock County, Texas, for the Northeast corner of this parcel; THENCE S. 01 °50'24" W. along the common line of said 5.28 acre tracts a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southeast corner of this parcel; THENCE N. 88014'4511 W. at 265.00 feet pass the East line of said 10.00 gas line easement, continuing for a total distance of 275.00 feet to a 1/2" iron rod with cap set in the West line of said 5.28 acre tract described in County Clerk File Number 2007046834, and in the West line of said 10.00 foot gas line easement and in the East line of said 20.00 foot gas line easement and in the East line of said 50.00 foot right-of-way easement described in Volume 1380, Page 767, and in the West line of said 50.00 foot right-of-way easement described in Volume 1380, Page 761, and in the East line of said East Half of the Northeast Quarter of said Section 34, Block JS, for the Southwest corner of this parcel; THENCE N. 01 050'24" E. along the common line of said 5.28 acre tract described in County Clerk File Number 2007046834, and said East half of the Northeast Quarter of said Section 34, Block JS, and along the common line of both 50.00 foot right-of-way easements and along the common line of said 20.00 foot and 10.00 foot gas line easements, a distance of 30.00 feet to Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances and coordinates are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002347 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 3, 2013 r(,JO,.,NE. J I E. Allen ALLENRegistered Professional 95 v C' Land Surveyor No. 5895 �� g �FEss1oState of Texas 'ot,otl'�' / Sheet 2 of 2 Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF 4 and any other identifiers as indicated in the certificate shown hereon.