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HomeMy WebLinkAboutResolution - 2014-R0090 - Accept Easement Block D-5 - 03/13/2014RESOLUTION 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 a Temporary Easement as described on Exhibit "A" attached hereto and incorporated herein by reference, located in Section 36, Block D-5, Lubbock, Lubbock County, Texas, and related documents. Said Temporary 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 Temporary Easement shall be $264.00 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 March 13, 2014 C. BERTSON, MAYOR ATTEST: Reb cca Garza, City Sec eta APPROVED AS TO CONTE T: R. Keith Smith, P.E., Director of Public Works Dave Booher, Right -of -Way Agent APP1 E7 D A TO FORM: Chad Weaver, Assistant City Attorney RES. Easement-McMenamy Farm February 20, 2014 TEMPORARY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § GRANTOR, McMenamy Farms, with street address of 4284 State Road 3261, Ropesville, Texas 79358, 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 temporary easement, servitude and right-of-way, as described herein (hereinafter called the "Temporary 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. Grantor hereby grants to Grantee a Temporary Easement for ingress, egress and regress through, over upon across and within the Lands for the purposes set forth herein, including but not limited to storage of pickup trucks and other vehicles, storage of track -hoes, storage of front end loaders, storage of concrete trucks, storage of other equipment, storage of tie-in pipe and other materials and for all things necessary or related to the Grantee's construction/pipeline projects in Lubbock County, Texas. Such Temporary 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 Temporary Easement and the Lands. The Temporary Easement shall terminate and expire within eighteen (18) months after execution of this Agreement. For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, this Temporary 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 Temporary Easement for the purposes of the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and along said Temporary Easement for the purposes described hereinabove. 2. Unless Grantor agrees otherwise in writing, Grantee agrees that any and all trees, dirt, raw materials, timber, spoil piles, excess dirt, wood, bushes, shrubs and brush, and other debris materials resulting from Grantee's use of the Temporary Easement shall, be removed by Grantee from Grantor's property. 3. This grant of Temporary 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 Temporary Easement, the rights and privileges herein granted to Grantee, or endanger any of Grantee's property, at the sole discretion of the Grantee. Temporary Easement Parcel 49 BCWL I 4. After initial construction by Grantee of all improvements called for in the Permanent Easement (as defined hereinbelow) or eighteen (18) months, whichever is later, title and interest herein granted shall end, cease, and terminate, and title to the Temporary Easement, shall revert to the then owner of the Lands. 5. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents needed. 6. "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. 7. The provisions of this Temporary Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 8. This Temporary Easement may be modified in writing only, signed by the parties in interest at the time of the modification. 9. In case any one or more of the provisions contained in this Temporary 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 Temporary Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 10. 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. TO HAVE AND TO HOLD said Temporary 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 ] Temporary Easement Parcel 49 BCWL 2 EXECUTED this day of , 2014 ("Effective Date"). GRANTOR: McMenamy Farms By: Name: Title: P J me rG cj L`%; . ' ner,- 1�)a GRANTEE: The City of Lubbock Lb -n Name: filen C. Robertson Title: Mayor ATTEST: Re ecca Garza, City Secrtary [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: R . l, J, /.,� 41 t Aecz& = 01=Pu 13L w v At� APPROVED AS TO FORM: Ryan J. Big Temporary Lasement Parcel 49 BCWL 3 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on 2014, by Feb%h°i /</cs�v�, /'an )-Jo,. 4, on on behalf of McMenamy Fanfis. TIFFANY PADILLA Notary Public, State of Texas r�Cc My Commission Expires '•.',;f®�:�;•• August 21, 2017 STATE OF TEXAS COUNTY OF LUBBOCK ou , State of Texas Printed arae of Notary My commission expires: 0 This instrument was acknowledged before me on, / , 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. CELIA WEBB NohryPibfa 80dTam myCal imimb 808Q9'01We d&;z Notary Public, State of Texas Printed Name of Notary My commission expires: 0 3 - 0 /-2(n Temporary Easement Parcel 49 BCWL 4 Exhibit A Legal Description of the Temporary Easement Temporary Easement Parcel 49 BCWL SCALE: I"= 100' BAILEY COUNTY WATER PIPELINE Parcel No. 49 - Proposed Temporary Easement PERIMETER SURVEY OF A 0.057 ACRE TRACT LOCATED IN SECTION 36, BLOCK D-5 LUBBOCK COUNTY, TEXAS MoWWAMYFAARMS v KX.. /337, PG. 715 moo. /.59 AQ S S 77 ERESAMA Yall 8 ✓0.L s CLP'#2009013488 ►mak;•'' AlAn IMF--or-Winer 50'N/G7/T-AG. WAY N Z. /380, !Y; M/ Vq . 5,M4 FG 347N� Bearings are relative to the Texas Coordinate System of 1983, North Ccntral Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002347 OF _ .Q� rlSTi Surveyed on the gro und. Deccmber.112. 2013 - 6.O. I oh E. Allen Registered Professional Land Surveyor No. 5895 State of Texas `POINT OF BEGINNING 50'/bGt/T-A' -WAY 1?x. /3Bp Ply. 457 COUNTY ROAD 6100 SEcrAGiV 36, BLXX D-5 (STRIP PAVED) 5o'R'&/T-a--WAY Pm. /381 fG /72 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP ®- FOUND 1/2" IRON PIPE A - FOUND RAIL ROAD SPIKE O - FOUND 1/2" IRON ROD WITH CAP JOHN E. ALLEN Note: No abstract of title or title commitment was provided to .off 5895 this surveyor. Record research done by this surveyor was made OFESSIo ��� only for the purpose of determining the boundary of this property and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 Copyright 2013, Hugo Reed and Associates, Inc for the sok use of Tn1e Co. for GF # and any other identifiers as indicated in the cetdficate shown hereon. Line Table Line # Direction Length Ll N47" 20' 33"W 50.00' L2 N42°39 27"E 50.00' L3 S47° 20'33"E 50.00' L4 I S42" 39' 27"W I 50.00' 50'/bGt/T-A' -WAY 1?x. /3Bp Ply. 457 COUNTY ROAD 6100 SEcrAGiV 36, BLXX D-5 (STRIP PAVED) 5o'R'&/T-a--WAY Pm. /381 fG /72 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP ®- FOUND 1/2" IRON PIPE A - FOUND RAIL ROAD SPIKE O - FOUND 1/2" IRON ROD WITH CAP JOHN E. ALLEN Note: No abstract of title or title commitment was provided to .off 5895 this surveyor. Record research done by this surveyor was made OFESSIo ��� only for the purpose of determining the boundary of this property and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 Copyright 2013, Hugo Reed and Associates, Inc for the sok use of Tn1e Co. for GF # and any other identifiers as indicated in the cetdficate shown hereon. BAILEY COUNTY WATER PIPELINE Parcel No. 49 - Proposed Temporary Easement PERIMETER SURVEY OF A 0.057 ACRE TRACT LOCATED IN SECTION 36, BLOCK D-5 LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.057 acre parcel located in Section 36, Block D-5, Lubbock County, Texas, being a portion of a 267.7 acre tract described in Volume 1337, Page 775, Deed Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7308005.84', East: 913748.29') in the East line of a 20.00 foot water supply line easement described in Volume 532, Page 71, Deed Records, Lubbock County, Texas, which bears N. 88°14'45" W. a distance of 2029.16 feet and N. 01 *45'15 " E. a distance of 254.60 feet from a 1/2" iron rod found at the common comer of Sections 33 and 34, Block JS, and Sections 35 and 36, Block D-5, Lubbock County, Texas, for the Southwest corner of this parcel; THENCE N. 47020'33" W. along the East line of said 20.00 foot water supply line easement a distance of 50.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this parcel; THENCE N. 42039'27" E. a distance of 50.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 4720'33" E. a distance of 50.00 feet to a 1/2" iron rod with cap set for the Southeast corner of this parcel; THENCE S. 42°39'27" W. a distance of 50.00 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 December 12, 2013 E. Allen Registered Professional Land Surveyor No. 5895 State of Texas r of�oA srF,� i o JOHN E. ALLEN T:5895 Sheet 2 of 21 Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon.