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HomeMy WebLinkAboutResolution - 2014-R0152 - Accept Easement - Well Field Supply Line Project - 04/24/2014RESOLUTION 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 3, Block JS, Lubbock, Lubbock County, Texas, for the Bailey County Well Field Supply Line Project, 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 $10,852.00 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 ATTEST: �z Garza, City Se etary APPROVED AS TO CONTENT: April 2014 /�. yc"/"�J R. Keith Smith, P.E., Director of Public Works 01-1 Ai 44 ,G d ev-Z Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: VA Chad Weaver, Assistant City Attorney RES.Easement-Bailey County,Section 3,Blk JS March 28, 2014 TSON, MAYOR Resolution No. 2014-80152 RETURN: WESTTEXAS TITLE pOMPANY FILE NO. STATE OF TEXAS § COUNTY OF LUBBOCK § EASE 2015002160 16 PGS EASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT: KUI YOUNG CHEN and husband, JUAN JOSE CHONG; CHEN SONIA FONG, an unmarried woman; and CARMEN FU-YU and husband JORGE YU CHUNG, with street address of 7231 SW 128x' Street, Miami, Florida 33156, hereinafter collectively referred to as GRANTOR, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13`s 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 "Temnorary 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 "Temoorary 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 Final Easement & Tempomry Easement Form 1 along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (c) the right to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water/waste water transportation. 2. Grantee covenants and agrees that its use of the Easement and its operations conducted thereon shall, to the best of Grantee's ability, at all times comply with all applicable local, state and federal laws, orders, rules, regulations, standards, 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. Final Easement & Tempomry Eascment Fmm 2 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. 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 home 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. Final Easement & Temporary Easement Form 3 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 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 parry 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. Final Easement & Temporary Easement Form 4 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. 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 fust 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 ] Final Easement d Temporary Easement Form EXECUTED this 18t; day of Au¢ust .2014 ("Effective Date"). GRANTOR KUI YO N JOSE SA CHEN SOMA Fd1C(ri �w.w�tPw �!ARIv1EN FU -Yl The City of Lubbock Name: i22 C• / l 0 i?eY�S!!n Title: Ma r. 0"1 of L bock, ATTEST: keb Gana 'City Secr 2s Fiam]F,==& Tempomry Fa== Fmm 6 APPROVED AS TO CONTENT: S Ryan 1. Bisbee, Aftotney STATE OF FLORIDA This instrument was acknowledged before me on YCKWn GIER4 and husband, JUAN JOSE C�MNG,, -i- Place notary seal h r LILIA LLEONART 4is Notary Public - State of Florida - �•_ My Comm. Expires Aug 1, 2017 Commission ♦ FF 41911 SondedTleagrtisil"NoteryAws, STATE OF FLORIDA • • u 1kl _L! M 3 .2014, by K -T -11- N Pub 'cJState o^f FLORIDA aj Printed Name o Notary• ' My commission expires: This instrument was aelmowledged before me on dLVOtAk( 90� . 2014, by CHEM SONIA FONG. P try sea]EAN M. DRte oTA h 1' �e Notary Publie -Staf Florida ?` My Comm. Expires Jun 14. 2016 NOtary to O{ Florida Commission #! FF 096985 Printed NameofN to My n=jwQpn expires: _= WNotary Public . State o1 Florida Forel Faxmcet g Temporary Bas== F= ` My Comm. Expires Jun 14, 2018 W �P• Commission • FF 096985 STATE OF FLORTDA § COUNTY OF Mwn t we,_ § This instrument was acknowledged before me on N@I- ^('>W ZZ 2014, by CARMEN FU-YU and husband JORGE YU CHUNG. Place notary seal here: Notary Public, to 40fFlorida j a%um.II Aii�ct-- Printed Name of No - "",„e;. �e TATIANA ARRA[OLA ex My commission _ < _ Ilc;a,, ; dhlic -Slate of Florida - My Comm. Expires May 24, 2016 "'`"o` Commission M EE 201694 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on /- Z 3 - / S , 20*4p; by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. , . CELIA WEBS ; Notary Public, State of Texas My Comm'Issial Expires 03.01.2018 c Aic ?- 1LL No ublic, State of % e eLS 12SUCL We& Printed Name of Notary My commission expires: 0 3 - 0 1-;Z 0l 8 Final Easement B Temporary Easement Forte 8 Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement 8 Tempomry Easement Fotm SCALE: I "=3D0' I mrm I2Ar1OdSTAWS I BAILEY COUNTY WATER PIPELINE LOT9 /-/0 Pa. 6/97 Po 40,D Parcel No. 18 - Permanent Easement PERIMETER SURVEY OF A 1.892 ACRE POINT OF BEGINNING ; Y4lA i TRACT LOCATED IN M SECTION 3, BLOCK JS �.,d a ,lima ERSKINE STREET LUBBOCK COUNTY, TEXAS (STRIP PAVED) /60.36 ACRES HUFF 60, L TO. CCFif2006023520 79.63 AMES CY ASE d ALUSOV McaAN CCF.!'2X904/525 EXIST/NG /RR/GA 77ON WELL Oil Bearings are relative to the Texas Coordinate g System of 1983, North Central Zone, NAD 83 NO] -49'18"E (2011), Epoch 2010.0 _ Distances are surface, U.S. Survey feet. Not -49'18"E Combined Scale Factor: 1.0002347 ^ 28.45' } o Surveyed on the ground, z November 12, 2013 c� December 4, 2013; Revised Sheet 2 and 3 v December 12, 2013//; Revised Sheet 3 E. Allen Registered Professional ' Land Surveyor No. 5895 O State of Texas NW14 SECT/AY 3, &OLN JS CARMEN FU-YU KU/ YOUNG d SLW/A FaVG CHEN CL c!A0007A903M99 8 �I Line # L7 q3 L2 b Ij L3 I L4 LS LB L7 Le Le L10 L11 L12 L13 L14 L15 Lis Line Table Direction Length SSS' 07'35"L Sol -49' Ie"W s43•10'42"E SO) -49' 15"W 546° 47 I e"W SOI.49' 151V NAS' Ify42'W SOHO' 2045.78' 63.64' 102.43' 63.64' 405.119' Saar NOV AIV Ig'E 1.72' N47' 33'03"F 27.93' N01"49' 1M 39630 N46' 49' I R -E 63.64' NO] -49'18"E 17.57' N45' IV 42V 63.64' Not -49'18"E 1960.85' N42" 51-17'W 28.45' NOI"49' IrE 77.17- 5W14 SECT/RN 3, BLOCK ✓S MONA a TRUIM LEW75 CCFM20/0032354 NOTES: HEAVY LINES INDICATE PLAT LIMITS. o- SET 1/2" IRON ROD WITH CAP o- SET MAG NAIL WITH WASHER IID- FOUND 1/2" IRON ROD WITH CAP O- FOUND 1/2" IRON PIPE 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 3 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEX45 LICENSED SURVEY1016 FIRM 100676 PHONE: 606/ 7615642 TEX46 RE016TERED EIXII E 1140 FIRM F-760 FAX: 806 / 7613691 Copyright 2013, Hugo Reed and Associate, Inc. for the sole use orInde Co. for OF 9 and anv other identinere ar indieled in the certificate shown hereon. BAILEY COUNTY WATER PIPELINE Parcel No. 18 - Permanent Easement PERIMETER SURVEY OF A 1.892 ACRE TRACT LOCATED IN SECTION 3, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.892 acre parcel located in Section 3, Block JS, Lubbock County, Texas, being a portion of Northwest Quarter described in County Clerk File Number 2008033399, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found (North: 7286727.54', East: 911041.35) at the common comer of Sections 3, 4, 8 and 15, Block IS, Lubbock County, Texas, and in the South line of North Upland Estates, an addition to the County of Lubbock, according to the map, plat and/or dedication deed thereof recorded in Volume 6197, Page 40, Real Property Records, Lubbock County, Texas, and at the Northeast comer of said Northwest quarter of Section 3, Block IS, and at the Northeast comer of a 160.38 acre tract described in County Clerk File Number 2006023520, Official Public Records, Lubbock County, Texas, and at the Northwest comer of a 50.00 foot road easement described in Volume 1194, Page 197, Deed Records, Lubbock County, Texas, and at the Northeast comer of a 50.00 foot road easement described in Volume 1194, Page 199, Deed Records, Lubbock County, Texas, and at the Northeast comer of a 55.00 foot road easement described in County Clerk File Number 20100019744, Official Public Records, Lubbock County, Texas, for the Northwest corner of this parcel; THENCE S. 88007'38" E. along the common line of said Sections 4 and 8, Block IS, and along the North line of said 50.00 foot road easement, at 20.00 feet pass the East line of a 40.00 foot road easement described in Commissioners Court Minutes dated February 3, 1931, Lubbock County, Texas, continuing for a total distance of 50.00 feet to a mag nail with washer set for the Northeast comer of this parcel; THENCE S. 01049'18" W. at 50.00 feet pass the South line of said 50.00 foot road easement, continuing for a total distance of 2045.78 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 43010'42" E. a distance of 63.64 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 01 °49'18" W. a distance of 102.43 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 46049'18" W. a distance of 63.64 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 01049'18" W. a distance of 405.09 feet to a 1/2" iron rod with cap set in the South line of said Northwest quarter and in the North line of the Southwest quarter of Section 3, Block IS, described in County Clerk File Number 2010032354, Official Public Records, Lubbock County, Texas, for the Southeast comer of this parcel; THENCE N. 88010'42" W. along said quarter Section line, at 30.00 feet pass the East line of said 40.00 foot road easement, continuing for a total distance of 50.00 feet to a point at the Southwest quarter comer of said Section 3, Block IS and in the common line of said Sections 3 and 4, Block IS, and in the East line of Frenship Estates, an Addition to the County of Lubbock, according to the map, plat and/or dedication deed thereof recorded in Volume 1922, Page 404, Deed Records, Lubbock County, Texas, for the Southwest comer of this parcel; THENCE N. 01049'18" E. along the common line of said Section 3 and 4, Block JS, and along the East line of said Frenship Estates a distance of 1.72 feet to a 1/2" iron pipe found at the Northeast comer of said Frenship Estates and at the Southeast comer of said 55.00 foot road easement and at the Southeast comer of a 79.63 acre tract described in County Clerk File Number 2009041525, Official Public Records, Lubbock County, Texas, for a corner of this parcel; THENCE N. 47033'03" E. a distance of 27.93 feet to a 1/2" iron rod with cap set in the East line of said 40.00 foot road easement, for a comer of this parcel; -Continued on sheet 3 of 3 - Sheet 2 of 3 f.]RHUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CML ENGINEERS LUBBOCK, TEXAS 79401 lsxaat.tclwsEosuaysvwo FON hoer` w PHONE: 806 / 7634642 °71.1p==12" Frso FAX: 606/ 7633691 C"pyn6 t2 I Inc. for the wit use oflitle Co. for GF 0 and anv other idenhficn as indicated m the certificate shown hereon. BAILEY COUNTY WATER PIPELINE Parcel No. 18 - Permanent Easement PERIMETER SURVEY OF A 1.892 ACRE TRACT LOCATED IN SECTION 3, BLOCK JS LUBBOCK COUNTY, TEXAS THENCE N. 01049'18" E. along the East line of said 40.00 foot road easement, a distance of 396.30 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 46049'18" E. a distance of 63.64 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 01049'18" E. a distance of 77.57 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 43°10'42" W. a distance of 63.64 feet to a 1/2" iron rod with cap set in the East line of said 40.00 foot road easement, for a comer of this parcel; THENCE N. 01 049'18" E. along the East line of said 40.00 foot road easement a distance of 1960.85 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 42051'l7" W. a distance of 28.45 feet to a 1/2" iron rod with cap set in the common line of said Sections 3 and 4, Block 1S, and in the East line of said 160.38 acre tract and in the East line of said 55.00 foot road easement, for a comer of this parcel; THENCE N. 01049'18" E. along said common line of Sections 3 and 4, Block 1S, and along the common line of said 160.38 acre tract and said Northwest quarter of Section 3, Block IS, and along the East line of said 55.00 foot road easement a distance of 77.17 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 November 12, 2013 December 4, 2013; Revised description to add distance unit December 12,2012; Revised description to add distance unit fidE. om� len Professional Land Surveyor No. 5895 State of Texas Sheet 3 of 3 jP+jHUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CML ENGINEERS LUBBOCK. TEXAS 79401 rExns LICFNSEp suRVEnNG FIRM taoarlsa PHONE: 606/763-5642 TlWal REGMTER IM ENGINEERING FIRM F4W FAX: 666 / 7633691 Copyright 2013, Hugo Reed and Aswciatet Inc. for the wk use of'Ittle Co. for OF N and any other identifim as indiested in the certificate shown heaven. Exhibit B Legal Description of the Temporary Easement Final Easement d Temporary Easement Fmm 10 SCALE: 1 "-300' IL jW7M;NaratadsrArEse I aMr Ao 40 me) ataxy � aeera'A atedea 1a. nsr Aemaa��f SKINE STREET POINT OF BEGINNING (STRIP PAVED) J c NW/4 SECJ/QV A BL OffIS CARMEN Fu- yU I KV YCUNG d S" FONG GYEN CCFM2708033399 Line Table Line # Direction Length C 8 ACRES y W HUFF HUFF -SO, L W. � FQ CCF,f'2JCG0235E1'7 I qq� Z7fS U v S01 ° 49' 18-W 2324.7T g F S47°33'03'W 27.93' J c NW/4 SECJ/QV A BL OffIS CARMEN Fu- yU I KV YCUNG d S" FONG GYEN CCFM2708033399 LS N01°4918 -E 1981.07 79.63 ACWES OLQSE d ALLSW MeaAW C05K2710904/5RF L7 L6 � �EX/SJ/NG /RR/6AT/pV WELL J 21 I 22 I fFfA1 or$ /�s4ro at — 3 BAILEY COUNTY WATER PIPELINE Parcel No. 58 - Temporary Easement PERIMETER SURVEY OF A 1.091 ACRE TRACT LOCATED IN SECTION 3, BLOCK JS LUBBOCK COUNTY, TEXAS Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 1 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002347 Surveyed on the ground. November 12, 2013 December 13, 2013: Revised Sheet 2 eL,l, ,E enProfessional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. o - SET 1/2" IRON ROD WITH CAP aa- FOUND 1/2" IRON ROD WITH CAP o- FOUND 1/2" IRON PIPE 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 HUGO REED AND ASSOCIATES, INC. SW/4 SEC7KYV4 BLOff ✓S LAND SURVEYORS 1601 AVENUE N MOV.4 d 7?WWANLEWS CIVIL ENGINEERS LUBBOCK. TEXAS 79401 Tour ucesase0suavEnRG nwa rooarbao PHONE: 806/ 7633842 CCFA'27/003P354 TE REG18TEREe ERGiREERWG flea F -M FAX: 608/7633891 Copyright 2013, Hugo Reed and Associates, lac, for the sok use of Tale Co. far OF N and any other identifiers as indicated in the eenificne shown hereon Line Table Line # Direction Length I L1 542° 11'11"E 11,43- 8.45L2 qq� L2 S01 ° 49' 18-W 2324.7T g I L3 S47°33'03'W 27.93' ¢¢ II I L4 N01- 49' 18'E 415.80 $ I L5 S88-Io42•E 20.00 Q @ L6 Not' 491 ITT 167.ST L7 X88- 10-42-W 20.00 7 LS N01°4918 -E 1981.07 79.63 ACWES OLQSE d ALLSW MeaAW C05K2710904/5RF L7 L6 � �EX/SJ/NG /RR/6AT/pV WELL J 21 I 22 I fFfA1 or$ /�s4ro at — 3 BAILEY COUNTY WATER PIPELINE Parcel No. 58 - Temporary Easement PERIMETER SURVEY OF A 1.091 ACRE TRACT LOCATED IN SECTION 3, BLOCK JS LUBBOCK COUNTY, TEXAS Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 1 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002347 Surveyed on the ground. November 12, 2013 December 13, 2013: Revised Sheet 2 eL,l, ,E enProfessional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. o - SET 1/2" IRON ROD WITH CAP aa- FOUND 1/2" IRON ROD WITH CAP o- FOUND 1/2" IRON PIPE 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 HUGO REED AND ASSOCIATES, INC. SW/4 SEC7KYV4 BLOff ✓S LAND SURVEYORS 1601 AVENUE N MOV.4 d 7?WWANLEWS CIVIL ENGINEERS LUBBOCK. TEXAS 79401 Tour ucesase0suavEnRG nwa rooarbao PHONE: 806/ 7633842 CCFA'27/003P354 TE REG18TEREe ERGiREERWG flea F -M FAX: 608/7633891 Copyright 2013, Hugo Reed and Associates, lac, for the sok use of Tale Co. far OF N and any other identifiers as indicated in the eenificne shown hereon BAILEY COUNTY WATER PIPELINE Parcel No. 58 - Temporary Easement PERIMETER SURVEY OF A 1.091 ACRE TRACT LOCATED IN SECTION 3, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.091 acre parcel located in Section 3, Block 1S, Lubbock County, Texas, being a portion of Northwest Quarter described in County Clerk File Number 2008033399, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7286650.41', East: 911038.90') set in the common line of Sections 3 and 4, Block JS, Lubbock County, Texas, and in the East line of a 160.38 acre tract described in County Clerk File Number 2006023520, Official Public Records, Lubbock County, Texas, and in the East line of a 55.00 foot road easement described in County Clerk File Number 20100019744, Official Public Records, Lubbock County, Texas, which bears S. 01 °49'18" W. a distance of 77.17 feet from the from the common comer of Sections 3, 4, 8 and 15, Block JS, Lubbock County, Texas, for the Northwest comer of this parcel; THENCE S. 42°51'17" E. a distance of 28.45 feet to a 1/2" iron rod with cap set in the East line of a 40.00 foot road easement described in Commissioners Court Minutes dated February 3. 1931, Lubbock County, Texas, for the Northeast comer of this parcel; THENCE S. 01049'18" W. along the East line of said 40.00 foot road easement, a distance of 2524.72 feet to a 1/2" iron rod with cap set for the Southeast comer of this parcel; THENCE S. 47033'03" W. a distance of 27.93 feet to a 1/2" iron pipe found in the common line of said Sections 3 and 4, Block 1S, at the Northeast comer of Frenship Estates, an Addition to the County of Lubbock, according to the map, plat and/or dedication deed thereof recorded in Volume 1922, Page 404, Deed Records, Lubbock County, Texas, and at the Southwest comer of said 55.00 foot road easement, and at the Southeast comer of a 79.63 acre tract described in County Clerk File Number 2009041525, Official Public Records, Lubbock County, for the Southwest comer of this parcel; THENCE N. 01049'18" E. along the common line of said Sections 3 and 4, Block IS, the East line of said 79.63 acre tract, and the East line of said 55.00 foot road easement a distance of 415.80 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 88010'42" E. a distance of 20.00 feet to a 1/2" iron rod with cap set in the East line of said 40.00 foot road easement, for a comer of this parcel; THENCE N. 01"49' I8" E. along the East line of said 40.00 foot road easement, a distance of 167.57 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 88010'42" W. a distance of 20.00 feet to a 1/2" iron rod with cap set in the common line of said Sections 3 and 4, Block 1S, the East line of said 79.63 acre tract, and the East line of said 55.00 foot road easement, for a comer of this parcel; THENCE N. 01049'18" E. along said common line of Sections 3 and 4, Block JS, and along the East line of said 79.63 acre tract, along the East line of said 55.00 foot road easement at 728.16 feet pass a 1/2" iron rod with cap found at the Northeast comer of said 79.63 acre tract and at the Southeast corner of said 160.38 acre tract, continuing for a total distance of 1981.07 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 November 12, 2013 December 13, 2013; Revised description to add distance unit M�'_ ] E. Alle Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK TEXAS 79401 3ExS.R ��cERSEo SurrvEqurG rwar+pomapo PHONE: 8061763-5642 iptl3 R/EG`ISIEREO EHd1EERING FIRM F-550 FAX: 8061763-3691 Copyrigh13013, Hugo Reed and Associates. Inc. for the wk =of7nle Co. for GF 9 and am other idenlitien, as indicated N the cenificale Shawn hereon. FILED AND RECORDED -•-'>". ,y OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS January 23, 2015 03:23:11 PM FEE: $82.25 2015002160