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Home My WebLink AboutResolution - 2014-R0168 - Accept Easement - Well Field Supply Line Project - 05/08/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF TI ll -'CITY OF LUBBOCK: THAT the City Council hereby accepts on behalf of the City of Lubbock an Easement as described on Exhibit `A" MI.Whed hereto and incorporated herein by reference, Iocated in Lot 2, Commanders Addition, Lots 2-7, Lubbock, Lubbock Count°, Texas, for the Dailey County Well Field Supply Line Project. and related documents. Said Easement is attached hereto and incorporated in this resolution as if' billy set forth herein and shall be included in the minutes of the City Council. TI IAT the consideration [or the Easement shall be $2,485.00, and that closino ,osts shall also be paid in connection with the purchase of the property, said payments �ipprowcd herein. Passed by the City Council on May 8, 2014 GI, C. R RTSON, MAYOR Rebe ca Garza, Cit1' S,ccretary a APPROVED AS TO CONTENT R. Keith Smith, 1'.1:., Director of Public Works Dawe Booher. Right -of -Way Agent APPROVED AS TO FORM: .49---r Chad Weaver, Assistant City Attorney CS.Easement-Bailey County, Commanders Ac do 10.14 EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK GRANTOR, Don Conner as Trustee of Town West Baptist Church, with street address of 6606 26th Street, Lubbock, TX 79407, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13`h Street, Lubbock, Texas 79401, the receipt and sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto Grantee the following described 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. Pinelines and Eauiament 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 and from and access on and along said Easement, for the Permitted Uses; and (c) the right Final Easement & Temporary Easement Form 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. 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 EXECUTED this 2-0k day of N",Yevh toe( , 2013 ("Effective Date"). GRANTOR: ON CONNER AS TRUSTEE OF TOWN ST BAPTIST CHURCH GRANTEE: The City of Lubbock By: N Clrn C Pobertsan Title: _ may,, ATTEST: Reb cca Garza, City Secretar [Acknowledgements of the Parties on Next Page) APPROVED AS TO CONTENT: p. 1&�IJ DI2E�712 OF Pa 3N[ 4U 04.y,G APPROVED AS TXRM: v Ryan J ig e, omey Final Easement 3 Te.,F.m Fmm STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on 21"� , 2013, DON CONNER AS TRUSTEE OF TOWN WEST BAPTIST CHURCH. 12/14f2015 STATE OF TEXAS COUNTY OF LUBBOCK " k. (�� Noark Public, State o Tex Printed Name of Notary My commission expires: I' -L-1 `h I S This instrument was acknowledged before me on QA� av 0i 2011, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Tiorne ule Co mtion on behalf of said Texas Home Rule Corporation. CEUA WEBB Notaryftblic, State ofTeXQS OaN'Pibk,$00Iiems Printed Name of Notary tJyCenenladai M03 -01401P My commission expires: 03-OLA018 Final Eaumem & Tcmp.r E...t Form Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Casement Form LOTP GbIM LOUD-LYM%,liY LOTS 2-T HY. /35; RG. 6/8 BAILEY COUNTY WATER PIPELINE Parcel No. 8 - Permanent Easement PERIMETER SURVEY OF A 0.285 ACRE TRACT LOCATED IN LOT 2 COMMANDERS ADDITION, LOTS 2-7 AN ADDITION TO THE CITY OF LUBBOCK I LUBBOCK COUNTY, TEXAS I` m C a a e A]iRW 6LOT 2 L1lIM LOC ^ALC1TXlY Lo54 JRG 36$ iG YR. . 60 #.O9 A� row gE5T9APrbTOv(#Ny IR. MRs i Z NT OF BEGNNNG' � �rw�rawr ertirtwr 26TH STREET non -o - In.�ga.ss (PAYtD) TRAOTE Line Table IIRACTB Line # Directim LeIx3R1 L1 N18°N'S5'w xmDY L3 N01°SY pSE 31.N t} SBMm'S5'E aroLV L{ 501•ST M'W 31.W LOTP GbIM LOUD-LYM%,liY LOTS 2-T HY. /35; RG. 6/8 BAILEY COUNTY WATER PIPELINE Parcel No. 8 - Permanent Easement PERIMETER SURVEY OF A 0.285 ACRE TRACT LOCATED IN LOT 2 COMMANDERS ADDITION, LOTS 2-7 AN ADDITION TO THE CITY OF LUBBOCK I LUBBOCK COUNTY, TEXAS I` m C a a e A]iRW 6LOT 2 L1lIM LOC ^ALC1TXlY Lo54 JRG 36$ iG YR. . 60 #.O9 A� row gE5T9APrbTOv(#Ny IR. MRs i Z NT OF BEGNNNG' � �rw�rawr ertirtwr 26TH STREET non -o - In.�ga.ss (PAYtD) TRAOTE IIRACTB TREC)SC RAID ✓-R fLM PARY I OfF# /3O2//B6' I 5 l #WIAWM/ $o ■■ 1 l � Y I I NOTES: Bearinga are rehime b the Texas Coordirlme System of 1983, HEAVY LINES INDICATE PLAT LIMITS. O - SET 12" IRON ROD WITH CAP North Central Zone, HAD 83 (2011), Epoch 2010.0 AP Distances aresurface, U.S. Survry feet./gyp\ p-FOUNDU/8 IRON ROD Combined Scale Factor: I.00o2349 Surveyed on the ground. October 8.2013/n JQY E. Allen Registered Professional land Surveyor No. 5895 SateofTrsas Note: No abstract ofti0e or title commitment was provided W this surveyor. Record msemch done by this surveyor was made only for the purpose of determining the boundary ofthis property and ofthe adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property A legal description ofeven slavery daze herewith accompanies this plate aurvey. Sheet I BAILEY COUNTY WATER PIPELINL Parcel No. 8 - Permanent Easement PERIMETER SURVEY OF A 0.285 ACRE TRACT LOCATED IN LOT 2 COMMANDERS ADDITION, LOTS 2-7 AN ADDITION TO THE CITY OF LU13BOCK LUBBOCK COUNTY.TEXAS METES AND BOUNDS DESCRIPTION of 0.285 acre parcel being a portion of Lot 2, Commanders Addition, Lots 2-7, an addition to the City of Lubbock, according to the map, plat and/or dedication decd thereof recorded in Volume 1355, Page 618, Decd Records, Lubbock County, Texas, located in Section 43, Block AK, Lubbock County, Texas, being a portion of 4.04 acre tract described in Volunm 3455, Page 277, Real Property Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 3/8" iron rod with found (North: 7273418.54', East: 915218.541 at the Southeast comer of said 4.04 acre tract tract and at the Southeast comer of said Lot 2, Commanders Addition, also being the Southwest comer of Ridgewood Addition 11, an Addition to the City of Lubbock, according to the map, plat and/or dedication decd thereof recorded in Volume 1629, Page 736, Deed Records, Lubbock County, Texas, and in the North line of 30.00 foot right-of-way dedicated with said Commandos Addition- Lots 2-7, for the Southeast comer of this parcel; THENCE N. 88"07'55" W. along the South line of said 4.04 acre tract and the South line of said Lot 2, Commanders Addition, Lots 2-7, and the North line of said 30.00 foot right-of-way a distance of 400.00 feet to a mag nail with cap set at the Southwest comer of said 4.04 acre tract, for the Southwest comer of this parcel; THENCE N. 01'52'05" E. along the West line of said 4.04 acre tract a distance of 31.00 feet to a 1/2' iron red with cap set for the Northwest tomo of this parcel; THENCE S. 8go0T55" E. a distance of 400.00 fact to a I/2" iron rod with cap set in the East line ofsaid 4.04 acre tract and in the East lin, of said Lot 2, Commanders Addition, Lots 2.7, and in the West line of said Ridgewood Addition 11, for the Northeast comer of this parcel: THENCE S. 01 "52'05" W. along the East line of said 4.04 acre tract and the East line of said Lot 2, Commanders Addition, Lots 2-7, and the West line of said Ridgewood Addition 11, a distance of 31.00 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 October 28, 2013 �1 n E. Allen Rcgistcrcd Professional Land Surveyor No. 5895 State of Texas 2 of Exhibit B Legal Description of the Temporary Easement Einar Easement & Temporary Easement Form SCALE: V=10P Lor? COHMLO0- W LCY/2'AY 0 5?J KY. /.Pari, iG B/B BAILEY COUNTY WATER PIPELINE Lire Tmle Lire # Direction Lell9lh u xea^orssw awm l2 N01°sS05'E 30.OT 13 SP%GJss'E. afOCO La Sol'S2asM' MW Lor? COHMLO0- W LCY/2'AY 0 5?J KY. /.Pari, iG B/B BAILEY COUNTY WATER PIPELINE Parcel No. 9 - Temporary Easement PERIMETER SURVEY OF A 0.276 ACRE TRACT LOCATED IN LOT 2 COMMANDERS ADDITION, LOTS 2-7 AN ADDITION TO THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS K, mDtFBce»iAurnDv Irr Lors/-/x I $ tLY. /629 sG� A2PTXW O'Lorz LgIMM.DE/tBA0Y1KW L0752-7 v o Sd4IlEY4R4T t M.3'v13= 5 RtfG.B/B C Z Y a max Resia6AAR��raa,Rw� Z L1 mnBuea<orz sawvvBszareav PONT OF BEGINNING nwrm wr�n.r 267H STREET w.. rP4 /c se (PAM) TRACT E LT ORAS )AACTS C-NMO✓-R t Wxl,"„BB Readaga are telarive ro the Texas Coordinat System of 1983, North Central lave, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey felt Combined Scale Factor: 1.0002397 Surveyed oa We ground. /Omber 8, 2013 An E. Allen Registered Professional land Surveyor No. 5895 StatofTexas tIIY(p/AgAi TRAL'T B ELMRNN 1 � � Ct�'Nc'D„CloZ1B, I S � a I 1 Not: No ebshect of title ortitle conuniunent was provided to this surveyor. Rocord research done by this surveyor was node only for the pulpom ofdcmrmining the boundary ofrhis propem and ofthe adjoining parcels. Record documents other than those shown on this survey may exist end eneumber this property. NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2” IRON ROD WITH CAP O - SEF MAG NAIL WITH WASHER O- FOUND 3/8" IRON ROD A legal dcacriptionofcven survey than, hernvrtIt amomparies this plat, swey. BAILEY COUNTY WATER PIPELINE Parcel No. 9 - Temporary Easement PERIMETER SURVEY OF A 0.276 ACRE TRACT LOCATED IN LOT 2 COMMANDERS ADDITION, LOTS 2-7 AN ADDITION TO THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.276 acre parcel being a portion of Lot 2, Commanders Addition, Lots 2-7, an addition to the City of Lubbock, according to the map, plat and/or dedication decd thomof accorded in Volume 1355, Page 618, Deed Records, Lubbock County, Texas, located in Section 43, Block AK, Lubbock County, Texas, being a portion of4.04 acre tract described in Volume 3455, Page 277, Real Property Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7273449.52', East: 915219.551) in the East line ofsaid 4.04 acre tract and the East line of said Lot 2, Commanders Addition and in the West line of Ridgewood Addition II, an Addition to the City of Lubbock, according to the map, plat and/or dedication dosed thereof recorded in Volume 1629, Page 736, Dead Records, Lubbock County, Texas, for the Southeast comer of this parcel, which bears N. 01'52'05" E. a distance of 31.00 feet from a 3/8" iron rod found at the Southeast comer ofsaid Lot 2, Commanders Addition, Lots 2-7, and the Southwest comer of said Ridgewood Addition I I and the Southeast comer of said 4.04 acre met; THENCE N. 88°07'55" W. a distance of 400.00 feel to a 1/2' iron rod with cap set in the West line of said 4.04 acre tract, for the Southwest comer ofthis parcel; THENCE N. 01'52'05" E. along the West line of said 4.04 acre tract a distance of 30.00 feet to a 1/2" imn rod with cap set for the Northwest comer ofthis parcel; THENCE S. 88'07'55" E. a distance of400.00 feet to a IR" iron rod with cap set in the East line of said 4.04 acre tract and in the Best line of said Lot 2, Commanders Addition, Lose 2-7, and in the West line of said Ridgewood Addition 11, for the Northeast comer of this parcel; THENCE S. 01'52'05" W. along the East line of said 4.04 acre tract and the East line of said Lot 2, Commanders Addition, Lots 2.7, and the West line of said Ridgewood Addition 11, a distance of 30.00 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 Oetober28,2013 eE E.0&— llen Professional Land Surveyor No. 5895 State of Texas Sheet