HomeMy WebLinkAboutResolution - 2014-R0111 - Accept Easement Tract E - 03/27/2014Resolution No. 2014-RO111
March 27, 2014
Item No. 5.20
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby accepts on behalf of the City of Lubbock an
Easement as described on Exhibit "A" attached hereto and incorporated herein by
reference, located in Elm Park Addition, Tract E, 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 $42,200.00 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 27, 2014
G
ATTEST:
11 J�o ---
Re cca Garza, City Secret
APPROVED AS TO CONTE T:
R. Keith Smith, P.E., Director of Public Works
Dave Booher, 'tight -of -Way Agent
APPRO ED AS TO FORM:
Chad Weaver, Assistant City Attorney
RES.Easement.-Tigris Dev-ElmPk, Tr E -Parcel 10
3.6. 2014
TSON, MAYOR
Resolution No. 2014-RO111
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
Subject to the terms and provisions herein, TIGRIS DEVELOPMENT, LLC (the
"Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable consideration, to it paid by the City of Lubbock, Texas (the "Grantee"),
has by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these
presents does hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee, its respective
representatives, successors and assigns, an exclusive perpetual easement, subject to the
limitations herein (the `Basement") through, over, under, upon, across and within the land,
described in Exhibit A (hereinafter called the "Lands" or "Easement Lands") situated in Lubbock
County, Texas for: (i) an underground pipeline (the "Pipeline") to be used for the underground
transportation of water and/or waste water within the Pipeline beneath the Easement Lands; and
(ii) right to place of one or more pipeline markers, manholes and manhole covers and vents upon
the surface of the Easement Lands used in connection with the said Pipeline; and (iii) right to
place conduit and systems communications lines below the surface of Easement Lands. Other
than pipeline markers, manholes and manhole covers and vents there may not be any above
ground appurtenances related to the Easement ("Permitted Uses"). This Easement is granted
together with the rights of ingress, egress and regress at any and all times to accomplish the
following purposes: surveying, constructing, reconstructing, operating, installing, repairing,
inspecting, altering, relocating, replacing and perpetually maintaining the Pipeline, pipeline
markers manholes and manhole covers, conduits, vents and system communication lines
associated with the Pipeline.
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 only for the purposes herein
noted.
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 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.
Pipeline Easement Agreement
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 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. 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 any and all
trees, dirt, raw materials, timber, 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 and disposed of properly.
6. Grantee shall keep the Easement in good order, condition and repair.
7. Grantee shall be responsible for obtaining all permits necessary to
construct and operate the Pipeline 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 and thereafter for any work related to
the Pipeline Grantee shall provide reasonable access to Grantor's property. Within the
Easement, Grantee shall have the right to cut fences.
9. The Easement Lands are part of a greater tract of land upon which Grantor
is developing. As such, Grantor reserves for Grantor and Grantor's successors and
assigns the right to continue to use and enjoy the surface of the Easement Lands for any
and all purposes that do not unreasonably interfere with the use or enjoyment of the
Easement by Grantee, which such purposes specifically include, but are not limited to,
the right to use the Easement Lands for parking, covered parking, landscaping, pedestrian
and vehicular ingress and egress and the right to erect, construct and place covered
parking, fences and gates upon the Easement Lands as part of a greater project from the
development. Notwithstanding the foregoing, no penmanent building that could be
physically occupied by people upon the Easement Lands may be erected, built, placed or
constructed upon the Easement Lands and should such building be erected, built, placed
or constructed, it is understood that the Grantee shall have the right to remove said
building from the Easement Lands. In addition to the foregoing, Grantee and Grantor
acknowledge that the Improvements (the "Improvements" being, paving, parking, fences,
gates, curb and gutter and landscaping) over, upon, across and within the Easement
Lands, may be placed within the Easement Lands provided; however, the placement of
such Improvements is made with the express understanding that Grantee shall, at all
Pipeline Easement Agreement I
times, be granted reasonable access to and from the Easement Lands to accomplish this
Easement's purposes along with the right of Grantee to remove or alter such
Improvements within the Easement Lands should it be necessary for accomplishing this
Easement's purposes and Grantor shall not receive any compensation for damage,
destruction or removal of the Improvements by Grantee as called for herein. The
foregoing notwithstanding, it is understood and agreed that except in the case of an
emergency or necessity: (i) Grantee will make reasonable efforts to coordinate and work
with Grantor, its successors and assigns so that there will be a minimal adverse impact on
the Improvements when accomplishing this Easement's purposes; and (ii) subject to the
terms and provisions herein, Grantor, its successors and assigns will have the right to
reconstruct and place the Improvements over, upon, across and within the Easement
Lands after any alteration or removal of the same by 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. The Easement granted hereby is subject to all valid and subsisting oil, gas,
and mineral leases, unitization agreements, deeds, easements, rights-of-way, restrictive
covenants, mineral and royalty grants and reservations, or other instruments now of record
which affect the Easement.
12. 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
Grantee. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any
curative documents needed.
13. "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.
14. 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.
15. 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 as herein described.
16. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
17. 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.
18. 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.
19. 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.
20. 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 and Grantee's Easement.
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.
21. 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 and Grantee's Easement.
Pipeline Easement Agreement 4
22. This instrument may be executed in multiple counterparts and the
signature pages and acknowledgment pages combined to form one document for
recording purposes..
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.
5
EXECUTED this / ? 7 day of Z , 2014 ("Effective Date").
GRANTOR:
TIGRIS DEVELOPMENT, LLC, a Texas limited
liability company
Z
By: 141- 4Z
TA. Craft, ger
GRANTEE:
The City of Lub
Glen C. Robertson
Title: Mayor
ATTEST:
Reb cca Garza, City Secre ary
Pipeline Easement Agreement 5
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the dayof 2014,
by Ty W. Craft, a Manager of TIGRIS DEVELO MENT, LU aTexas limi d liability
company, on behalf and as the act of said limited liability company for the purposes and
consideration expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this jtd�y of r�. 2014.
4�Avs!pfe` PAULA ESTHER VASQUEZ N Public, State of Texas
°: Notary Public, State of Texas
M Commission es
Jan ary 26, 2016
ry'nei�iia�•
APPROVED AS TO CONTENT:
OlteGrb2 of P4'egCrC C'U'ar
APPROVED AS TO FORM:
Ryan J,Ai
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on , 2014, by
Notary Public, State of Texas
Printed Name of Notary
My commission expires:
Pipeline Easement Agreement 6
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on R , 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 Y
Ndery Ptah, ate of Texas s
Not ublic, State of re
Printed Name of Notary
My commission expires: 03. D DI $
Pipeline Easement Agreement 7
Exhibit "A"
Legal Description
Legal Description consisting of two sheets is attached hereto.
Pipeline Easement Agreement
SCALE: I"=200'
W
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N
BAILEY COUNTY WATER PIPELINE - Parcel No. 10
PERIMETER SURVEY OF A 0.316 ACRE TRACT LOCATED IN
TRACT E
ELM PARK
AN ADDITION TO THE CITY OF LUBBOCK
LU13BOCK COUNTY, TEXAS
LOT/
COtflMWERS AO 7X7
OX. /349 PG. 259
r
_ _ _ PstArEL ro-a b a L�Lk"sr7I77 ersEPswarF rvsrrnamvr
ELM PARK
TRACT F
Mrlrzo/3A2//86
1 l
1 I
!I I
I I l
Bearings are relative to the Texas Coordinate System of 1983,
North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances ars surface, U. S. Survey feet.
Combined Scale Factor: 1.0002347
Surveyed on the ground.
August 13, 2013
c'r,F,OL�-'
h E. Allen
Rd istered Professional
Land Surveyor No. 5895
State ofTexas
r.�
r•�IST
s r�a�i
JOHN E. ALLEN
� �5895p� �0
LOT?
CQMMMERS ADD17W
LOTS 2-7
RX. 1i55 PG 6/8
POINT OF BEGINNING
I
I
I
1
t
Note: No abstract of title or title commitment was provided to
this surveyor. Record research done by this surveyor was made
only for the purpose of determining the boundary of this
property and ofthe adjoining parcels. Record documents other
than those shown on this survey may exist and encumber this
property.
4.04 AMES
Tow ffEST BAP77ST aAAVH
AX. 34-54 Ai. 277
F" r
ELMPARK
7RACT E
CCF'WMr OP//86
NOTES:
HEAVY LINES INDICATE PLATLIMITS.
O - SET 1/2" IRON ROD WITH CAP
® - FOUND 1/_>" IRON ROD
O - FOUND 5/8" IRON ROD
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 Titk Co.
br GF p and any other identifiers as indicated in the certifxate shown hereaa
Line Table
Line #
Direction
Length
Lt
salt' 07' WE
562.54'
L2
S46° 52'05"W
35.36'
U
NRB• 07 55"W
537.55'
L4
N01 ° 53'09"E
25.00'
_ _ _ PstArEL ro-a b a L�Lk"sr7I77 ersEPswarF rvsrrnamvr
ELM PARK
TRACT F
Mrlrzo/3A2//86
1 l
1 I
!I I
I I l
Bearings are relative to the Texas Coordinate System of 1983,
North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances ars surface, U. S. Survey feet.
Combined Scale Factor: 1.0002347
Surveyed on the ground.
August 13, 2013
c'r,F,OL�-'
h E. Allen
Rd istered Professional
Land Surveyor No. 5895
State ofTexas
r.�
r•�IST
s r�a�i
JOHN E. ALLEN
� �5895p� �0
LOT?
CQMMMERS ADD17W
LOTS 2-7
RX. 1i55 PG 6/8
POINT OF BEGINNING
I
I
I
1
t
Note: No abstract of title or title commitment was provided to
this surveyor. Record research done by this surveyor was made
only for the purpose of determining the boundary of this
property and ofthe adjoining parcels. Record documents other
than those shown on this survey may exist and encumber this
property.
4.04 AMES
Tow ffEST BAP77ST aAAVH
AX. 34-54 Ai. 277
F" r
ELMPARK
7RACT E
CCF'WMr OP//86
NOTES:
HEAVY LINES INDICATE PLATLIMITS.
O - SET 1/2" IRON ROD WITH CAP
® - FOUND 1/_>" IRON ROD
O - FOUND 5/8" IRON ROD
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 Titk Co.
br GF p and any other identifiers as indicated in the certifxate shown hereaa
BAILEY COUNTY WATER PIPELINE - Parcel No. 10
PERIMETER SURVEY OF A 0.316 ACRE TRACT LOCATED IN
TRACT E
ELM PARK
AN ADDITION TO THE CITY OF LUBBOCK
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.316 acre parcel located in Tract E, of Tracts "C" through "H" & Tracts "J"
through "R", Elm Park, an Addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof
recorded in County Clerk File Number 2013021186, Official Public Records of Lubbock County, Texas, being further
described as follows:
BEGINNING at a 1/2" iron rod found (North: 7273390.29', East: 914244.06') at the common North comer of said Tracts F
and F, Elm Park, and in the South line of a 30.00 foot right-of-way dedication for 26th Street as described in county Clerk
File Number 2013021186, Official Public Records of Lubbock County, Texas, for the Northwest comer of this parcel;
THENCE S. 88007'55" E. along the South line of said 30.00 foot right-of-way of 26th Street and the North line of said Tract
E, Elm Park, for distance of 562.54 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel;
THENCE S. 46052'05" W. a distance of 35.36 feet to a 1/2" iron rod with cap set for the Southeast corner of this parcel;
THENCE N. 88007'55" W. a distance of 537.55 feet to a point in the West line of said Tract E, Elm Park, and the East line
of said Tract F, Elm Park, for the Southwest corner of this parcel;
THENCE N. 01053'09" E. a distance of 25.00 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
August 13, 2013
'_E � C&I-
n B. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
crSOFT
T� �d i
JOHN F. ALLEN
.r 4 �58
ss
� OI
Sheet 2 of 2
ght 2013, Hugo Reed and Associates, Inc. for the sok use of Tida Co.
B and any other identifiers as indicated in the ee ir"e shown hereon