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HomeMy WebLinkAboutResolution - 2014-R0091 - Accept Easement Block JS - 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 an Easement as described on Exhibit "A" attached hereto and incorporated herein by reference, located in Section 24, 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 $8,658.00 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 '00'0�&Z -----C. ROBERTSON, MAYOR ATTEST: 10 6-0 Reb cca Garza, City Secret APPROVED AS TO CON ENT: R. Keith Smith, P.E., Director of Public Works Dave Booher, Right -of -Way Agent APP ED TO FORM: Chad Weaver, Assistant City Attorney RES. Easement. M ing-Tao Ho February 20, 2014 BAILEY COUNTY WATERLINE PROJECT Parcel Nos: 35, 36, 37 & 38 Owner: Ming -Tao Ho and wife, Jui-Lien Chou Ho 2202 Memphis Avenue Lubbock, Texas 79410 (806) 438-1731 Tenant: Seth Fortenberry (806) 778-9907 Document Type: Easement Consideration: Consideration of $5,366.00 for permanent easement plus $1,870.00 for temporary easement plus plug and abandon one (1) water irrigation supply well identified on Exhibit "C; total to owner - $7,236.00. Additionally, $1,422.00 payable to tenant for damages, crop loss, crop reduction and/or restoration of the surface, subject to final approval by City Council and subject to approval of title. Closing Agent: West Texas Title Company, Inc. 8001 Quaker Avenue, Suite E Lubbock, Texas 79424 (806) 793-9555 a7zk-� Concurrence: - Ming -Tao Ho v61,1Jui-Lien Chou Ho EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § Ming -Tao Ho and wife, Jui-Lien Chou Ho, hereinafter collectively referred to as GRANTOR, with street address of 2202 Memphis Avenue, Lubbock, Texas 79410, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13'' 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. Further, Grantor hereby grants unto Grantee a temporary construction easement (the "Temporary Easement") for the construction and installation of the Pipeline System through, over, under, upon, across and within the lands located adjacent to, and abutting, the Easement (the "Temporary Easement Area") as more specifically described on Exhibit B as well as for all other purposes identified in 13 below. The Temporary Easement shall terminate and expire upon the completion of all construction activities related to that portion of the Pipeline System situated within the Easement. 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 Final Easement & Temporary Easement Form 1 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, 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. Grantor and Grantee agree that during construction 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 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. Final Easement & Temporary 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 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. Final Easement & Temporary Easement Form 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 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 & Temporary 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. 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. 25. As further consideration for the granting of the Easement, the abandoned well(s) identified on the attached Exhibit C (herein the "Well" whether one or more) shall be plugged by Grantee in accordance with state law including those rules enacted by the Texas Commission on Environmental Quality. Grantor shall assist Grantee, as Grantee deems necessary, in obtaining any permits and/or approvals necessary to enable Grantee to comply with the requirements set forth in this paragraph and to enable Grantee to plug the Well. Other than plugging the Well, Grantee shall have no further responsibility relating to said Well and Grantor shall not receive any compensation for any damage/destruction to the Well arising out of Grantor's use of the Easement identified herein or plugging of the Well. 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 & Temporary Easement Form EXECUTED this day of r✓ F , 2014 ("Effective Date"). GRANTOR: Ming -Tao Ho ui-Lien Chou o GRANTEE: The City of Lubbock By: Nam len C. Robertson Title: Mayor ATTEST: Reb cca Garza, City Secr ary [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: D I/ZfKZ A o t' JA Lt. tt.�optV1 - APPROVED Ryan f Big6ee, A Final Easement & Temporary Easement Form 6 STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me ona!— %, 2014, by Ming - Tao Ho and wife, Jui-Lien Chou Ho. PA�le�o TeXos tIPFANV E.xPjtes Public. S10 Notot misslo� My A�gus12� 20�� u tate of Texas vlk Printed e of Notary My commission expires: STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on ��t G �, 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. LP CGLIA Ytl1rGU Notary Pubk, State of Texas My Commissd Expues 03.Of 2010 CE1'N.�uP'F Final Easement & Temporary Easement Forth Notary Public, S ate of 7e.gq Printed Name of Notary My commission expires: p3 -Ol -,2..6 Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Form SCALE: 1"-100' 6.03 AQWS ) TRACT 47 –WEST TEXAS AAD LLaXM _ RALRQAD CaWANY, IVC., VIX. 947/, PG. /-1 ` 1 [ 6.6PACRE'S — TRACT 4B WEST TEXAS AAD LWBOO( c_ AMR= COMPANY, AV. Vtx. 9471 PG. / POINT OF BEGINNING` EXHIBIT f - Line Table Line # Direction Length Ll S88` 00'48"E 30.00' L2 SO 1 ° 5 P 15"W 842.13' 1-3 N88109' 26"W 30.00' L4 N01°51' 15"E 842.2P 318.2 AMES MARTHA VfR6I'l0A FERRIS SANDS PM. 21530, PG 259 GAS"IEEASEAENr SECTVV 2M &Of JS LaNlE/IC M 8 LOC4770V DEFMV BYOCpPPA7= KY. //961 FG. 57/ �-� BAILEY COUNTY WATER PIPELINE Parcel No. 35 - Permanent Easement PERIMETER SURVEY OF A 0.580 ACRE TRACT LOCATED IN SECTION 24, BLOCK JS LUBBOCK COUNTY TEXAS 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: 1.0002347 Surveyed on the ground. October 28, 20113 wL "'t t • oh 1 E. Allen egistered Professional Land Surveyor No. 5895 State of Texas WEST 240 AQ?ES lF II THE l VR7H 440 AQ4ES Lim 3EC776V 24, BLOOV ✓S MM- TAO s ✓lN-LOV HO �� OF CQ"02007O40589 ��` 01, s TF� JOHN E. ALLEN 9° ssi //O AO FS NENAfAN LbW PM. 3B8a PG. 4/ NOTES: HEAVY LINES INDICATE PLAT LIMITS. O- SET 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. 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 parcels. Record documents other than those shown on this survey may exist and encumber this property. Sheet 1 of 2 Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF p and any other identifiers as indicated in the certificate shown hereon- BAILEY COUNTY WATER PIPELINE Parcel No. 35 - Permanent Easement PERIMETER SURVEY OF A 0.580 ACRE TRACT LOCATED IN SECTION 24, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.580 acre parcel being a portion of the West 240 acres of the North 440 acres of Section 24, Block JS, Lubbock County, Texas, described in County Clerk File Number 2007040589, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7299771.51', East: 911483.28') in the South line of a 6.62 acre tract described as 'Tract 48' in Volume 9471, Page 1, Official Public Records, Lubbock County, Texas, which bears S. 01°51'15" W. a distance of 2784.78 feet and S. 88°00'48" E. a distance of 30.00 feet from a railroad spike found at the common corner of Sections 24, 29, 33 and 34, Block JS, Lubbock County, Texas, for the Northwest corner of this parcel; THENCE S. 8800'48" E. along the South line of said 6.62 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 01°51'15" W. a distance of 842.13 feet to a 1/2" iron rod with cap set in the North line of a 110 acre tract described in Volume 3690, Page 41, Real Property Records, Lubbock County, Texas, and in the South line of said West 240 acres of the North 440 acres of Section 24, Block JS, for the Southeast comer of this parcel; THENCE N. 88009'26" W. along the North line of said 110 acre tract and the South line of said West 240 acres of the North 440 acres of Section 24, Block JS, a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 01"51' 15" E. a distance of 842.21 feet to the 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 28, 2013 ,0, � - ax— C'o s T� J hl E. Allen JOHN E. ALLEN Registered Professional Land Surveyor No. 5895 9� �OFESSIO�P �� State of Texas Sheet 2 of 2 Copyright 2013, Hugo Reed and Associsles. Inc for the sole use ofritle Co for OF # and any other identifiers as indicated in the certificate shown hereon, "Wlfst — — — a,yawrrf-w�rsr rFxas— aar is seenor tq Deas s Pot to m°Rout-a-icer aecvrit Ll so emr-cr-wrsrAreo�rFras �t03 - act»r,s Rcca7rs _ _ ta, ext Mal POINT OF BEGINNING FARM TO MARKET ROAD 2641 (STRIP PAVED) SCALE: V=300' /.156 AAQES PAT 8 JMW LOU PATTER5aV PM. 33/4 PG /9 O O Direction t0 L1 Q 30.00' O S01" 51' 15"W LY L3 N88'00 49�m L4 NOV 51' U 318.2 AOWS MARTHA t o FERYS SAAVS 121. 2630, PG. 259 GAS Lw EAS£ r SEC 7X1h,29, t4LOar JS N ABENSW8L0CA7XNCUP" BY0MPA7A%V Q 14X. //99 PG. 57/ p /.156 AAQES PAT 8 JMW LOU PATTER5aV PM. 33/4 PG /9 MEST 7EXASAw1.1A is RALf V COMM, At BAILEY COUNTY WATER PIPELINE Parcel No. 37 - Permanent Easement PERIMETER SURVEY OF A 1.815 ACRE TRACT LOCATED IN SECTION 24, BLOCK JS LUBBOCK COUNTY, TEXAS 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: 1.0002347 Surveyed on the ground. October 28, 2013 December 18.2013; Revised perimeter of t E. Allen istcred Professional Land Surveyor No. 5895 State of Texas 240 ACRES MM- TAO 8 "-LEIV M CQrAM2007040589 OF 0 GASTe GO JOHN E. ALLEN rt .e 5895 -Q �/OFE3S10�`l QI MM AAOWW-9ppCRpALRaw camw AC NOTES: HEAVY LINES INDICATE PLAT LIMITS. O- SET 1/2" IRON ROD WITH CAP ®- FOUND 1/2" IRON ROD A- FOUND RAIL ROAD SPIKE A legal description of even survey date herewith accompanies this plat of survey. 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 parcels. Record documents other than those shown on this survey may exist and encumber this property. Sheet 1 of 2 Copyright 2013, Hugo Reed and Associates, Inc, for the sole use of Title Co. for GI 0 and any other identifiers as indicated in the certificate shown hereon. Line Table Line # Direction Length L1 S88" 14'02"E 30.00' L2 S01" 51' 15"W 2635.01' L3 N88'00 49�m L4 NOV 51' MEST 7EXASAw1.1A is RALf V COMM, At BAILEY COUNTY WATER PIPELINE Parcel No. 37 - Permanent Easement PERIMETER SURVEY OF A 1.815 ACRE TRACT LOCATED IN SECTION 24, BLOCK JS LUBBOCK COUNTY, TEXAS 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: 1.0002347 Surveyed on the ground. October 28, 2013 December 18.2013; Revised perimeter of t E. Allen istcred Professional Land Surveyor No. 5895 State of Texas 240 ACRES MM- TAO 8 "-LEIV M CQrAM2007040589 OF 0 GASTe GO JOHN E. ALLEN rt .e 5895 -Q �/OFE3S10�`l QI MM AAOWW-9ppCRpALRaw camw AC NOTES: HEAVY LINES INDICATE PLAT LIMITS. O- SET 1/2" IRON ROD WITH CAP ®- FOUND 1/2" IRON ROD A- FOUND RAIL ROAD SPIKE A legal description of even survey date herewith accompanies this plat of survey. 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 parcels. Record documents other than those shown on this survey may exist and encumber this property. Sheet 1 of 2 Copyright 2013, Hugo Reed and Associates, Inc, for the sole use of Title Co. for GI 0 and any other identifiers as indicated in the certificate shown hereon. BAILEY COUNTY WATER PIPELINE Parcel No. 37 - Permanent Easement PERIMETER SURVEY OF A 1.815 ACRE TRACT LOCATED IN SECTION 24, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.815 acre parcel being a portion of the West 240 acres of the North 440 acres of Section 24, Block JS, Lubbock County, Texas, described in County Clerk File Number 2007040589, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7302504.97', East: 911571.77) in the South line of a 50.00 foot State of Texas right-of-way described in Volume 883, Page 211, Deed Records, Lubbock County, Texas, which bears S. 01'5 1'15" W. a distance of 50.00 feet and S. 88'14'02" E. a distance of 30.00 feet from a railroad spike found at the common corner of Sections 24, 29, 33 and 34, Block JS, Lubbock County, Texas, for the Northwest corner of this parcel; THENCE S. 88014'02" E. along the South line of said 50.00 foot right-of-way a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 01 05 PI 5" W. a distance of 2635.01 feet to a 1/2" iron rod with cap set in the North line of a 6.62 acre tract described as 'Tract 48' in Volume 9471, Page 1, Official Public Records, Lubbock County, Texas, for the Southeast comer of this parcel; THENCE N. 88000'48" W. along the North line of said 6.62 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 01°51' 15" E. a distance of 2634.90 feet to the 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 28, 2013 December 18, 201/3; Revised Perimeter E • t.Lluk _ ,Sri OF 1t� o n E. Allen GI S Tg��� gistered Professional Land Surveyor No. 5895 JOHN E. ALLEN State of Texas r` •e 5895 4 4; Ob STo��tiO Sheet 2 of 2 Copyright 2013, Hugo Reed and Associates, Inc. for the sole use ofTitle Co. for OF # and any other identifiers as indicated in the certificate shown hereon. Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Easement Form - �6.Q3AQ4ES Line # BAILEY COUNTY WATER PIPELINE 777ACr 47 1 rRACr 448 Parcel No. 36 - Temporary Easement -K£ST 7EXAS AW /-" BCgY COWANY, #VC. WESr TEXAS 4W I teB= PERIMETER SURVEY OF A 0.580 ACRE _RALRCt40 — » 7 ��`KX, RALRaW COWANY, #W. 9471 PC I TRACT LOCATED IN 30.00' L4 SECTION 24, BLOCK JS 842.13' L, SCALE: 1"=100' POINT OF BEGINNING• LUBBOCK COUNTY, TEXAS Line Table Line # DIrectlon Length Ll S88° 00'48"E 30.00' L2 S01' 51' 15"W 842.06' 1-3 N880 09'26"W 30.00' L4 N01 ° 51' 15"E 842.13' 3/8.2 A0?ES AWTHA Vd4r M FERR/S SANDS VM. 2630, FG 259 GASLAEEASSWAT STOXW eR BLOW as MEMSCW a LOCA 774V LEFACD BY OMPA7XJV KX. IM. A;. 57/ WEST 240 A07ES a- THE AZRTH 440 ACRES Ole' SEC77AV 29 HLOOV ✓S ANW- TAO a "-LE/V fro CCF020070401589 O //0 A04ES AF~ LUSK PM. 3690, FIG 41 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: 1.0002347 Surveyed on the ground. October 28, 2013 Lgs&'All.. teed Professional Land Surveyor No. 5895 State of Texas P � OF T tsi s T8 JOHN F. ALI.F.N .e5895 .� 9 0'� 01 NOTES: HEAVY LINES INDICATE PLAT LIMITS. 0- SET 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. 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 parcels. Record documents other than those shown on this survey may exist and encumber this property. Sheet 1 of 2 BAILEY COUNTY WATER PIPELINE Parcel No. 36 - Temporary Easement PERIMETER SURVEY OF A 0.580 ACRE TRACT LOCATED IN SECTION 24, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.580 acre parcel being a portion of the West 240 acres of the North 440 acres of Section 24, Block JS, Lubbock County, Texas, described in County Clerk File Number 2007040589, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7299770.47', East: 911513.27') in the South line of a 6.62 acre tract described as 'Tract 48' in Volume 9471, Page I, Official Public Records, Lubbock County, Texas, which bears S. 01°51'15" W. a distance of 2784.78 feet and S. 88°00'48" E. a distance of 60.00 feet from a railroad spike found at the common corner of Sections 24, 29, 33 and 34, Block JS, Lubbock County, Texas, for the Northwest corner of this parcel; THENCE S. 88°00'48" E. along the South line of said 6.62 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 01 °51' l 5" W. a distance of 842.06 feet to a 1/2" iron rod with cap set in the North line of a 110 acre tract described in Volume 3690, Page 41, Real Property Records, Lubbock County, Texas, and in the South line of said West 240 acres of the North 440 acres of Section 24, Block JS, for the Southeast corner of this parcel; THENCE N. 8809'26" W. along the North line of said 110 acre tract and the South line of said West 240 acres of the North 440 acres of Section 24, Block JS, a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 0 V5 ]'15" E. a distance of 842.13 feet to the 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 28, 2013 ( lc,E . I E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OF -� T� � CJS JOHN E. ALLEN r .0 5895 .� 0FEss1o�4'�� Sheet 2 of 2 Copyright 2013, Hugo Recd end Aeaeciatcm, Ino. for the sole un ofTi00 Co for GF N and any other identiricrs as indicated in the certificate shown hermn sdRwr-a-w,tr — —R wwz— POINT OF 81 SCALE: I "=300' urari7r r�as— ARM TO MARKET ROAD 2641 (STRP PAVED) /.156 AMES pATdELLi'lO J@ MM-TAOa✓L9-LDV H0 PATTERSQII va— 33/2 PG. /9 LLF,> "7040.589 O Line # Direction Length L1 S88' 14'02"E 30.00 L2 S01' 51' 15"W 8 L3 U 318.2 ALAES L4 MARTHA Wt'si010A FERRS SAWS 2635.01' VAX. 2630, PG 259 cAs LAEEASEIENT .wenav29. BLOOr"tS V) LYIEMSM B LOC47AW DER ED BrocaPAnav Q NX. //951 PG. 57/ p urari7r r�as— ARM TO MARKET ROAD 2641 (STRP PAVED) /.156 AMES pATdELLi'lO J@ MM-TAOa✓L9-LDV H0 PATTERSQII va— 33/2 PG. /9 LLF,> "7040.589 NEST 1FxASAno LL(;BppYgq�Rgdp ,y M n'ASADLLUI t7rTrgAL/,WcalFi W AC BAILEY COUNTY WATER PIPELINE Parcel No. 38 - Temporary Easement PERIMETER SURVEY OF A 1.815 ACRE TRACT LOCATED IN SECTION 24, BLOCK JS LUBBOCK COUNTY, TEXAS 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. 1.0002347 Surveyed on the ground. October 28, 2013 December 18, 2013; Revised Perimeter Jed) E. Allen R stcred Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. 9- SET 1/2" IRON ROD WITH CAP o- FOUND 1/2" IRON ROD A- FOUND RAIL ROAD SPIKE A legal description of even survey date herewith accompanies this plat of survey. 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 parcels. Record documents other than those shown on this survey may exist and encumber this property. Sheet 1 of 2 Copyright 2013. Hugo Recd and Associates, Inc. for the sole use of Title Co. for GF N and any other identifiers as indicated in the certificate shown hereon. Line Table Line # Direction Length L1 S88' 14'02"E 30.00 L2 S01' 51' 15"W 2635.13' L3 N88' 00 48"W 30.00 L4 N01' 51' 15"E 2635.01' NEST 1FxASAno LL(;BppYgq�Rgdp ,y M n'ASADLLUI t7rTrgAL/,WcalFi W AC BAILEY COUNTY WATER PIPELINE Parcel No. 38 - Temporary Easement PERIMETER SURVEY OF A 1.815 ACRE TRACT LOCATED IN SECTION 24, BLOCK JS LUBBOCK COUNTY, TEXAS 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. 1.0002347 Surveyed on the ground. October 28, 2013 December 18, 2013; Revised Perimeter Jed) E. Allen R stcred Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. 9- SET 1/2" IRON ROD WITH CAP o- FOUND 1/2" IRON ROD A- FOUND RAIL ROAD SPIKE A legal description of even survey date herewith accompanies this plat of survey. 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 parcels. Record documents other than those shown on this survey may exist and encumber this property. Sheet 1 of 2 Copyright 2013. Hugo Recd and Associates, Inc. for the sole use of Title Co. for GF N and any other identifiers as indicated in the certificate shown hereon. BAILEY COUNTY WATER PIPELINE Parcel No. 38 - Temporary Easement PERIMETER SURVEY OF A 1.815 ACRE TRACT LOCATED IN SECTION 24, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.815 acre parcel being a portion of the West 240 acres of the North 440 acres of Section 24, Block JS, Lubbock County, Texas, described in County Clerk File Number 2007040589, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7302504.04', East: 911601.76') in the South line of a 50.00 foot State of Texas right-of-way described in Volume 883, Page 211, Deed Records, Lubbock County, Texas, which bears S. 01°51'15" W. a distance of 50.00 feet and S. 88'14'02" E. a distance of 60.00 feet from a railroad spike found at the common corner of Sections 24, 29, 33 and 34, Block JS, Lubbock County, Texas, for the Northwest comer of this parcel; THENCE S. 88014'02" E. along the South line of said 50.00 foot right-of-way a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 0105 P] 5" W. a distance of 2635.13 feet to a 1/2" iron rod with cap set in the North line of a 6.62 acre tract described as 'Tract 48' in Volume 9471, Page 1, Official Public Records, Lubbock County, Texas, for the Southeast corner of this parcel; THENCE N. 88000'48" W. along the North line of said 6.62 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 01051' 15" E. a distance of 2635.01 feet to the 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 28, 2013 December 18, 2013; Revised Perimeter L_. OF T n E. Al len Q�c,1 S Registered Professional col Land Surveyor No. 5895 JOHN F. ALLEN State of Texas r` •0 5895 ., a 'pOFESSlo�� Sheet 2 of 2 Copyright 2013, Hugo Reed and Associates, Inc. for the sale use ofTitle Co. for GF # and any other identifiers as indicated in the certificate shown hereon. Exhibit C Abandoned Wells Final Easement & Temporary Easement Form 10 BAILEY COUNTY WATER PIPELINE _ Parcel No. 37 and 38 - Well Location Survey SfLrA7YZS��� �'�7-�-aursrr�7rxas— W'/M„-0-rrAr Are LOCATED IN — — " W"s'""a,' � SECTION 24, BLOCK JS FARM TO MARKET ROAD 2641 (STRIP PAVED) LUBBOCK COUNTY, TEXAS SCALE: 1"---300' I I I III 111 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 1— 8! (2011), Epoch 2010.0 Z Distances and coordinates are surface, ^ I I I U.S. Survey feet. I I I Combined Scale Factor: 1.0002347 3/8.2 AOWS I I MARTHA V776M FERRIS SA11wS F5 Surveyed on the ground 645 RE P190tr59 z SECMVP9, SL dor is rn SEC January72014 - c7 6 GNEN.,,GVaWail nWAEFYIEDByocaPA7M 1..�. Oa KL' . //9A fC 571 1 III 1 I I k E. Allen v I I I Rcgisten:d Professional Land Surveyor No. 5895 /.156 AO4ES State of Texas PAT a 40 L80U 2AOWS PATTERSaV MJVG- TAO a A#-L0V h10 VLX. 33/Z PG /9 I I 1 GY.R, 21007040589 J I� r4, 1`'Irl OF ?, G1srE�d� JOHN E. ALLEN 5895 A,pOFESSIO�e,�� /RR/GA7101V HELL NOR rH/NG- 7,300,668.3' EAST/lllrx 911529.0' 16 7' NOTES: HEAVY LINES INDICATE PLAT LIMITS. I I I O- FOUND 1/2" IRON ROD WITH CAP 1 1 1 ®- FOUND 1/2" IRON ROD a- FOUND RAIL ROAD SPIKE I I I III A legal description of even survey date herewith accompanies this plat of survey. 111 797.9' Record documents other than those shown on this III III 111 survey may exist and encumber this property. I I I Sheet 1 of 1 HUGO REED 7RAcryEsr7FxAs arloL47 nUCr48 Lbt�94V1 /14~ HES77EXASAWLLVB"&IUiIWaNFIWyAC AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 10067600 PHONE: 806 / 7635642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 8061763-3691 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of'rtle Co. for GF # and any other identifiers as indicated in the certificate shown hereon.