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HomeMy WebLinkAboutResolution - 2014-R0071 - 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 $250.00 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 GLA C. O , RTSON, MAYOR ATTEST: Rebe ca Garza,- City Secret APPROVED AS O CONT NT: R. Keith Smith, P.E., Director of Public Works �� 2'2� Dave Booher, Right -of -Way Agent APPROV D A TO FORM: Chad Weaver, Assistant City Attorney vw: ccdocs/RES. Easement -Roush January 22, 2014 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § Mark L. Roush, Individually and as Partner for BR Farms, a Texas General Partnership, hereinafter referred to as Grantor, with street address of 6210 North CR 6100, Shallowater, Texas 79363, 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 Pipeline Easement Agreement 1 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, 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 2 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 3 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 30" day of Da,Cr , 2013 ("Effective Date") GRANTOR: Mark oush, Individually and as Partner for BR Farms, a Texas General Partnership GRANTEE: The City of Lubbock Name: Glen C. Robertson Title: Mayor ATTEST: Rebe ca Garza, City Secret [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: Dr��cTa2 v�_ °ud��C cav2�1 APPROVED VAttomney Ry J. Bigbe Pipeline Easement Agreement 6 STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on Oct obo-1 3 01\ , 2013, by Mark L. Roush, Individually and as Partner on behalf of BR Farms, a Texas general partnership. aAnita A Coming My Commission Expires 12/14/2015 STATE OF TEXAS COUNTY OF LUBBOCK o a - "I Notary Public, State /^1o�_ f Texa A,r�, �4. � • W � Y'�� n'1 Printed Name of Notary My commission expires: 12114 2Zys This instrument was acknowledged before me on 8 , 2011, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Me Corporation on behalf of said Texas Home Rule Corporation. CEUA WEBB NiQ" Pine, 8W d TeW fi�Conrn�sion E>Qi►es03-0t•2�8 Notary Public, State of 7e -)(a s Printed Name of Notary &Iia Webb My commission expires: 03-y1-zO/$ Pipeline Easement Agreement 7 Exhibit A Legal Description of the Perpetual Exclusive Easement Pipeline Easement Agreement BAILEY COUNTY WATER PIPELINE Parcel No. 41 - Proposed Permanent Easement s PERIMETERSURVEY OFF A 0.040 ACRE TRACT .LOCATED IN SECTIO 33, BLOCK S LUBBOCK COUNTY, TEXAS SCALE: 1 "-`0' r I I /0.263 ACRE TRACT BR FARMS - CCF;&2012014012 I I I Line Table Line # Direction Length Ll NO1' 50'24"E 03' 3=E35.03' L2 S88° 14' ITE L3 SOI ' s0' 24"wL4 N88014'17"W 4cc W t I i r 1 ti g L I / r I / J i• E/2 OF THE N£/4 1 l� SECTIGW 34, BLOCK ✓S 1 ld�/0.263 ACRE TRACT JAY STANTON t f 3 OR FARMS VOL. 920, PG 255 CCF#2012014072 GAS LINE EASEMENT SECT/GV 33, &OLXr S O6'MENSW 0 LOr,4 ROV OEnWD 8YOCCUPATIGV ME. /59, F5. 396 -- - - -- - _ — -- —� L4 POINT OF BEGINNING 40'R16HT-GF- WAY V+ � 1 n % I /.00 ACRE TRACT I MARK ROUSH YOL. 1467, PG. 432 CCF#2012014077 i/ I / r I / J i• E/2 OF THE N£/4 1 l� SECTIGW 34, BLOCK ✓S 1 ld�/0.263 ACRE TRACT JAY STANTON t f 3 OR FARMS VOL. 920, PG 255 CCF#2012014072 GAS LINE EASEMENT SECT/GV 33, &OLXr S O6'MENSW 0 LOr,4 ROV OEnWD 8YOCCUPATIGV ME. /59, F5. 396 -- - - -- - _ — -- —� L4 POINT OF BEGINNING 40'R16HT-GF- WAY _�-- ---- -- _ ----- YOL. 1467, PG. 432 D Q I 0 — /GEORGE 7CRES 4.40 a% HARDBERGER CCF#2009045752 CHARLES F R z VOL. 1472, PG. 587 moi" N 31' DO LOT ! o 2. NORTHWEST PLACE CC . 0 1 LOTS I-80 COUNTY COMM/SS1LdV0r,5 COURT MINUTES APRIL 12 1976 I Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011 i, Epoch 2010.0 Distances are surface. U.S. Survey feet. Combined Scale Factor: 1.0002347 Surveyed on the ground. October xx, 2013 John U. Allen Registered Professional Land Surveyor No. 5595 State of Texas NOTES: HEAVY LINES fNDICATF PIAT LIMITS. O- FOUND 112" IRO\ ROD WITH CAP O- FOUND I" IRON PIPF, o- FOUND In-" IRON ROD A legal description of even survey date herewith accornpanies this plat of survey. Sheet 1 of 2 r HUGO REED AND ASSOCIATES, INC LAND SURVEYORS 7607 AVENUE CIVIL ENGINEERS LUBBOCK, TEXAS 79407 TFW LICENSED sJtraEnNG Ft2Al 1OD676.00 PHONE: 606 / 763-5642 -rrwv rseercrcrsro c�u�:tirc;.wc, rw. FAX: 800 1 783-38 91 Copyright 2013, Hugo Reed and Associates, Inc, ror the sole use ar Tide Co, for GF 4 and any other identifiers as indicated in die certificate shomi hereon. BAILEY COUNTY WATER PIPELINE Parcel No. 41 - Proposed Permanent Easement PERIMETER SURVEY OF A 0.040 ACRE TRACT LOCATED IN SECT ON 33, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.040 acre parcel located in Section 33, Block JS, Lubbock County, Texas, being a portion of 10.263 acre tract described in County Clerk File Number 2012014072, Official Public Records, Lubbock County. Texas, being further described as follows: BEGINNING at a I" iron pipe found (North: 7305194.52', East: 911628.17') in common line of Sections 33 and 34, Block JS, Lubbock County, Texas, and in the East line 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 in the East line of a 20.00 foot gas line easement described in Volume 1193, Page 3, I)ccd Records, Lubbock County, Texas, and at the Southwest corner of a 50.00 foot private access easement described in Volume 1681, Page 168, Decd Records, Lubbock County, Texas, and at the Southwest corner of a 10.00 foot gas line easement described in Volume It 93, Page 1, Deed Records, Lubbock County, Texas, and at the Northwest corner of a 317.8 acre tract described in County Clerk File lumber 2008045752, Official Public Records, Lubbock County, Texas, and at the Southwest corner of said 10.263 acre tract which bears iti'. 01'50'24" E. a distance of 2620.31 feet from a 112" iron rod found at the Northwest comer of said Section 33, Block JS, for the Southwest corner of this parcel; THENCE N. 01 050'24" E. along said common line of said Sections 33 and 34, Block JS, and the Fast line of said East half of the 'Northeast quarter of Section 34, Block JS, and along the West line of said 10.263 acre tract and along the common line of said 10.00 foot and 20.00 foot gas line casements and along the West line of said 50.00 private access easement a distance of 35.03 feet to a 1/2" iron rod with cap found at a corner of said 10.263 acre tract, also being the Southwest corner of a 1.00 acre tract described in County Clerk File Number 2012014077, Official Public Records; Lubbock County, Texas, for the Northwest corner of this parcel; THENCE S. 880 12'35" E. along the common line of said 1.00 acre tract and said 10.263 acre tract at 10.00 feetpass the East line of said 10,00 foot gas line casement, continuing for a total distance of 50.00 feet to a 1 f2" iron rod with cap found in the East line of said 50.00 foot private access easement for the Northeast corner of this parcel; THENCE S. 01°50'24" W. along the East line of said 50.00 private access easement a distance of 35.03 feet to a 112" iron rod found at the Southeast corner of said 50.00 foot private access easement and in the North line of said 317.8 acre tract and in the South line of said 10.263 acre tract, for the Southeast comer of this parcel: THENCE N. 88012'35" W. at 40.00 feet pass the Fast line of said 10.00 foot gas line easement, continuing for a total distance of 50.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zonc. 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 xx, 2013 OF a T-, s r- 00 John E. Aller? Registered Professional ti, 1.1Y Land Surveyor No. 5895 :ssto�'��o State of TexasS, U-� Sheet 2 of 2 HUC30 REED AND ASSOCIATES, INC LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 1 W76A0 PHONE: 806 t 763-5642 fE ,G �CGISTCRED CNGINCG7ING FIRAt F-760 FAX: 806 / 763-3891 Copyright 2013, Hugo Reed and Associates. Inc. for the sole use of Title Co. fol 61-J and any other identifiers as indicated in the certificate shown hereon.