HomeMy WebLinkAboutResolution - 2014-R0272 - Accept Easement - Well Field Supply Line Project - 08/28/2014RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBI30CK:
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 15, Black JS, Lubbock, Lubbock County, Texas, for the
Bailcy 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 $845.00 and that closing costs
shall also be paid in connection with the J)UNI ase of the property, said payments
approved herein.
Passed by the City Council on
August 28, 2014
t-,�Az, e,
-R,�WRTSON, MAYOR
ATTEST:
,P, 0", C--, f
Reber a Garza, City Secretary
APPROVED AS O ONT -NT:
R. Keith Smith. Y.L.. Director of Public Works
� t
Dawe Booher, lZight-of-Way Agent
API O D S TO 1OPRM:
Chad Weaver, City Attorney
RES. Easement -Clark
August 11, 2014
r
EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK
That the undersigned Veteran -Purchaser, ROY LEE CLARK, Grantor herein, whose mailing
address is 1311 North County Road 1600, Lubbock, Texas 79353, with the approval of the
Veterans Land Board, acting by and through its Chairman, Executive Secretary, or other
designated official whose mailing address is 1 Corporate Drive, Suite 360, Lake Zurich, Illinois,
60047, hereinafter collectively referred to as GRANTOR, for consideration in the amount of
$845.00 of which $345.00 is the value of the permanent easement taking, to it paid by The City
of Lubbock, Texas (the "Grantee") with offices at 1625 1P 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, as described in Warranty Deed from Bobby Day aka Bobby G. Day
to the Veterans Land Board and recorded in Volume 5534, Page 167, of the Official Real
Property Records of Lubbock County and more particularly described in Exhibit A (hereinafter
called the "Lands" or "Easement Lands") situated in Lubbock County, Texas. The land herein
described is under Contract of Sale and Purchase to Grantor herein, who will receive a deed to
said land when the Grantor is in full compliance with all of the terms of said contract. Grantor
executes this instrument with the approval of the Texas Veterans Land Board, in accordance with
the regulations of said Board, which approval is signified by the signature of its Chairman or
Executive Secretary or other designated official, duly authorized thereunto.
Pipelines and Ectuipment
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
Final Easement & Temporary Easement Forth
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
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.
Final Easement & Temporary Easement Form 2
EXECUTED this v�day of u , 20 14 ('Eff'ective Date").
GRANTOR-
J& 1 -
Roy L e ar
VETERANS LAND BOARD OF THE STATE OF TEXAS
APPROVED THIS DAY
OF�... p
,;xf. 00
E. Patterson, Chairmai3
Secretary
(Clerk
GRANTEE:
The City of Lubbock
By:
Na Glen C. Robertson
Title: Mayor
ATTEST:
Pb c a Garza, City See -rot
[Acknowledgements of the .Parties on Next Page]
Fina[ Easement & Temporary Easement Form 6
APPROVED AS TO CONTENT:
R.I L
DIAeIMA eG P RLk c06p C"
CITY OF tce P+Toc¢
APPROVED A O .
Ryan J. ig ee, ttomey
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on V1 , 2014, by Roy Lee
Clark.
•'.�,y'; WILLIAM BALDWIN
s PlorOiy Public, Slafe of T.sos
My Commssbn Expires
.+: .M Februory 2a, 2U,
THE STATE OF TEXAS
COUNTY OF TRAVIS
4afEji��-
Notary /PIublic, State of Texas
R/i��1e rN �a�dwrn
Printed Name of Notary
My commission expires: 2129120 8
BEFORE ME, the undersigned Notary Public in and for the said County and State, on this day
personally appeared Jerry E. Patterson, known to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of the
Veterans Land Board of the State of Texas and that he executed the same as the act of such
Veterans Land Board of the State of Texas for the purpose and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4. day o6, ..v.D., JOW
Notary Public in�id for T v s County, Texas Vicki M. Gonzales
Final Fascmem & T.1E...1 Farm
Ndary PuM,r
Slale of Team
P JULY 25 25.30917
NOTARY WITHOUT BOND
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on kWs� 2014, by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of
said Texas Home Rule Corporation. n I'
0MAGEN D. MURCHISON
Notar Public, State of-WY4S
Ndyry p�p�,g,�tedTeus Printed Name of Notary
IdyCamnsdon E>�ves piU42C17
My commission expues:Q' 3 '2.07
Pinel F.mement & Temporary Emment Form
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Final Easement & Temporary Easement Form
114.2,4 F 5
MMYGCEAML
VIM. /0066 Fc. 50
105,459 Aa
K[. 895a FIG. 84
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52525 A03e5
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5.2WA0aM
MOM O]YEY
KY. 8959 F5. 7/4
W..47A0 S
M4R)` G9E-4 F L
Kr. /"4 PG. 50
\il 1 O
A47AMS
701f B CONK S701TS
L1PNR007049575
POINT OF BEGINNING
5,47AMES
EL 145 B BAWMA FLOt'EAY£
O KY. 5649 M. 155
O
' Q 9 0 O- k--: �_a
Line Table
Lim #
DlrectIon
Length
1-7
N88- 12'24"W
30.00'
L2
NOIo 48' 58"E
200.00'
L3
S88°12'24"E
30.00'
L4
Solo 48'58"W
200.00'
BAILEY COUNTY WATER PIPELINE
Parcel No. 24 - Permanent Easement
PERIMETER SURVEY OF A 0.138 ACRE
TRACT LOCATED IN
SECTION 15, BLOCK JS
LUBBOCK COUNTY. TEXAS
Bearings arc relative to the Texas Coordinate
System of 1983, North Cental Zone. NAD 83
(2011), Epoch 2010.0
Distances ase surface, U.S. Survey feet.
Combined Scale Factor: 1.0002347
Surveyed on the ground.
Augustl 2013 pp
oh E. Allen l.—
stercd Professional
Land Surveyor No. 5895
State ofTexas
NOTES
ROyat. A SK K4 ,1161£7
KY. /0089 M. /6/
HEAVY LINES INDICATE PLATLIMM.
Gs- SET 112" IRON ROD WITH CAP
0- FOUND 112" IRON ROD WITH CAP
Ca
�h�•.
0- FOUND 112" IRON ROD
547AOW5
,.5x9# 010X&16 O j�
CfFA'P7AQOx6767
A legal description ofeven purvey data
Aleg it eceomponofevis platof survey.
I`—tIfN-\'
NOTE: Noobstrxet oftitle or title commitment
—_
was provided to this surveyor, Record resemch
done bythis surveyor was made only for the
— O
purposeofdaermining the boundary, ofth(s
property and at me adjoining parcels. Record
documents other than those shown on this survey
may exist and encumber this propony.
ROyat. A SK K4 ,1161£7
KY. /0089 M. /6/
BAILEY COUNTY WATER PIPELINE
Parcel No. 24 - Permanent Easement
PERIMETER SURVEY OF A 0.138 ACRE TRACT LOCATED IN
SECTION 15, BLOCK JS
LUBBOCK COUNTY. TEXAS
METES AND BOUNDS DESCRIPTION ofa 0.138 acre parcel located in Section 15, Black IS, Lubbock County, Texas, being a portion
of 5.2525 acre tract described in Volume 10333, Page 32, Official Public Records, Lubbock County, Texas, being further described as
follows:
BEGINNING at a 1/2" iron rod with cap set (North: 7289269.77', East: 911121.96') in the common line of Sections 8 and 15, Block JS,
Lubbock County, Texas, at the Northeast comer of a 5.2625 acre tract described in Volume 8653, Page 185, Oficial Public Records,
Lubbock County, Texas, and in the West line ofa 5.47 acre tract described in Volume 5642, Page 133, Real Property Records, Lubbock
County, Texas, and at the Southeast corner of said 5.2525 acre tract, which bears N.01°48'58" W. a distance of2543.50 feet from a 1/2"
iron rod with cap found at the common comer of Sections 3, 4, 8 and 15, Block IS, Lubbock County, Texas, for the Southeast comer of
this parcel;
THENCE N. 88°12'24" W. along the Noah line of said 5.2625 acre tram and the South line afsaid 5.2525 acre tract a distance of30.00
feet to a 1/2" iron red with cap set for the Southwest comer of this parcel;
THENCE N. 01048'58" E. a distance of 200.00 feet to a 1/2" iron rod with cap set in the Noah line of said 5.2525 acre tact and the South
line ofa 105.459 acre tract described in Volume 8950, Page 84, Official Public Recoreis, Lubbock County, Texas, for the Northwest comer
of this parcel;
THENCE S. 88-12'24" E. along the common line of said 105.459 acre tract and said 5.2525 acre tract a distance of30.00 feet to a 1/2"
iron rod with cap set at the Northeast comer of said 5.2525 acre tract and at the a comer of said 105.459 acre tract and in the West line of a
5.47 acre tram described in County Clerk File Number 2007049575, 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 afsaid 5.2525 acre tract and the said common line of Sections 8 and 15, Block JS, at 143.00
Fact pass the Southwest comer of said 5.47 acre tract, also being the Northwest comer said 5.47 acre tract described in Volume 5642, Page
133, 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 A, 2013
h E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
Sheet 2