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HomeMy WebLinkAboutResolution - 2014-R0226 - Accept Easement - Well Field Supply Line Project - 06/26/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE C_'ITY OF LUBBOCK: THAT the City Council hereby accepts oil behalf of the City of Lubbock an Easement as described on Exhibit "A" attached hereto and incorporated herein by reference. located in Section 15. Flock 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 tnintrte;s of the City Council. ITIAT the consideration for the Easement shall be $25().43[) 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 GL�i C. ROB'F RTSON, MAYOR :l'l7ES tebccca4cri-InIty ecret. APPROVED A," "1" C[")Iv 'ENT: R. Keith Smith, P.i .. Director of Public %Yorks Dave Booher, Right -of -Way Agent APPRC) D AS TO FORM: Chad Weaver. City Attorney ccdocslRES.Easemertt.ConIe -Parcel 22 May 21, 2014 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § Tanisha L. Conley, hereinafter referred to as GRANTOR, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13t1i 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. 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 to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of 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 Pipeline Easement Agreement 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, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall, at Grantee's option, be either burned on site, buried, or removed by Grantee from Grantor's property and disposed of properly. If such debris is burned on site, the Grantee shall have constant watch over burn piles with adequate fire fighting equipment on site. 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. 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. Pipeline Easement Agreement 2 GRANTOR: TANISHA L. CONLEY THE STATE OF TEXAS § COUNTY OF Loapcc. § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Tanisha L. Conley, known to me to be the person whose time is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. sy�� GNEN UNDER MY HAND AND SEAL OF OFFICE this L day of VC�toYj<r 12013. _1 n s^-'! Notary Public in and for the State of Texas Anila A Coming MznazuisEMP�` My Commission Expires: IZ IV 2o1S a GRANTEE: The City of Lubbock By: Ta.— Glen C. Robertson Title: Mayor Pipeline Eammenl Agreement APPROVED AS TO CONTENT: d. ! STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on 2013, by Notary Public, State of Texas Printed Name of Notary My commission expires: STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on Ju-rlr+. 27 , 2011, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. ISCELIA WEBB floury Pd*, SWeofTnu MY Canmavm Etyiru 0}0ta7tA 04'6j NotPublic tate of 7ez!29 Printed Name of Notary My commission expires: 03-bi-=$ PiKlinc Eammmcnt Ag mcnt 6 SCAT. IW J 5..E-25AOiE'S 1£rRA0lSLAAOBO4RO �L KYj/LV3i PO. -E J �J 5. G A� BOAYCO, LTO. PIX. 86-2 M. /85 5.47ACRES roll B BOWA STa s cL #"7049575 BAILEY COUNTY WATER PIPELINE Parcel No. 22 - Permanent Easement PERIMETER SURVEY OF A 0.138 ACRE TRACT LOCATED IN SECTION 15, BLOCK JS LUBBOCK COUNTY.'fEXAS Bearings am relative to the Texas Coordianso System of 1983, North Central Zone. NA n s: (201)). Epoch 2010.0 Distances am surface. U.S. Survey feet. Combined Scale Factor. 1.0002347 547,404155 EL HS d BARBARA FLOT&WE Ser,,edonthcground. Q KK. 5642 M. /5.i August /1�6, 2013 3 2 D o �L4G1.— E. oa-- Q O oh E. Al Ica • istcred Professional Land Surveyor No. 5895 Stat. ofT...I Mo 5E5E5A0ES 7AI" caw.EY ICY. am M. PM /05439 AO $ 84X 00.E L rD. HX. 8950 M. 84 MON 547A0?E5 ,OSE 6OVZALE16z 0I-1 CCFN27/GLk IIILJIiy`"/� Q POINT OF 13EGINW 547A,�S ROYCE d SK HA .Mori K2. nom P6. /6/ 547,409£5 PALO 762A 8.53PAME' lQ. 2 M. /]O 0 NOTES: HEAVY LINES INDICATE PLAT LIMITS. Q. SET 1/2' IRON ROD WITH CAP 0- FOUND 1/2" IRON ROD WITH CAP A legal description of even survey dam herewith =companies this plate vi . NOTE: No nbsimct of title or tide coinnumseni was provided to this surveyor. Record researth done by ibis surveyor was made only for the purpose of determining the boundary oftbis property and of the adjoining parents. Record de,mant x other than those A...on this survey may exist and encumbcrihis property. Sheet I of Line Table Line # Direction Length Lt Nsa lrxa•w soca tri• Nal•a8'S9•F. 3UJ.alr Ls sM'trxa•e soca L4 sot•as sew xro.oa MON 547A0?E5 ,OSE 6OVZALE16z 0I-1 CCFN27/GLk IIILJIiy`"/� Q POINT OF 13EGINW 547A,�S ROYCE d SK HA .Mori K2. nom P6. /6/ 547,409£5 PALO 762A 8.53PAME' lQ. 2 M. /]O 0 NOTES: HEAVY LINES INDICATE PLAT LIMITS. Q. SET 1/2' IRON ROD WITH CAP 0- FOUND 1/2" IRON ROD WITH CAP A legal description of even survey dam herewith =companies this plate vi . NOTE: No nbsimct of title or tide coinnumseni was provided to this surveyor. Record researth done by ibis surveyor was made only for the purpose of determining the boundary oftbis property and of the adjoining parents. Record de,mant x other than those A...on this survey may exist and encumbcrihis property. Sheet I of BAILEY COUNTY WATER PIPELINE Parcel No. 22 - Permanent Easement PERIMETER SURVEY OF A 0.138 ACRE TRACT LOCATED IN SECTION 15, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of 0.138 acreparcel located in Section 15, Block IS, Lubbock County, Texas, being a portion of 5.2525 acre [met described in Volume 8252, Page 214, Oficial Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7288869.97', East: 911109.28') in the common line of Sections 8 and 15, Block IS, Lubbock County, Texas, at the Northern comer of 105.459 acre tract described in Volume 8950, Page 214, Official Public Records, Lubbock County, Texas, and in the West line of a 5.47 acre tract described in Volume 10482, Page 161, Official Public Records, Lubbock County, Texas, and at the Southeast comer of said 5.2525 acre tract, which bears N. 01 °48'58" W. a distance of 2143.50 feet from a 1/2" into rod with cap found at the common comer of Sections 3, 4, 8 and 15, Block JS, Lubbock County, Texas, for the Southeast comer of this parcel; THENCE N. 88'12'24" W. along the North line of said 105.459 acre tract and the South line of said 5.2525 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest comer of this parcel; THENCE N. 01°48.58" E. a distance of 200.00 feet to a 1/2" iron red with cap set in the North line of said 5.2525 acre tract and the South line of a 5.2625 acre tract described in Volume 8653, Page 185, Official Public Records, Lubbock County, Texas, for the Northwest comer of this parcel; THENCE S. 89.12'24" E. along the common line of said 5.2525 sere tracts a distance of 30.00 fat to a 1/2" iron rod with cap set at the Northeast comer of said 5.2525 acre tract and at the Southeast comer of said 5.2625 sent tract and in the West line of a 5.47 acre tract described in County Clerk File Number 2010006167, Official Public Records, Lubbock County, Texas, and in the said common line of Sections 8 and 15, Block 1S, for the Northeast comer of this parcel; 'THENCE S. 01°48'58" W, along the East line of said 5.2525 acre tract and the said common line of Sections 8 and 15, Block JS, at 148.40 feet pass the Southwest comer of said 5.47 acre tract, also being the Northwest comer of said 5.47 acre tract described in Volume 10482, Page 161, Oficial Public Records, Lubbock County, Texas, continuing for a total distance of 200.00 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 16, 2013 eh E. A E l- R tstemd Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 HUG0 REED AND ASSOCIATES, INC.