HomeMy WebLinkAboutResolution - 2014-R0303 - Accept Easement - Well Field Supply Line Project - 09/11/2014RESOLUTION
BE IT RESOLVED BY "I HE 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 Tract A Frenship Middle School, 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 scat forth herein
and shall be included in the minutes of the City Council.
THAT the consideration for the; Fasenlent shall be $12,639.00 and that closing
costs shall also be paid in connection with the acquisition of the Easement, said payments
approved herein.
Passed by the City Council on September 11, 2014.
Gl b . RKWRTSON, MAYOR
ATTEST:
Rcbe ca Garza, City Secret
APPROVED AS TO CONT NT:
d I
R, Keith Smith, P.E., Director of Public Works
Dave Booker, Right -of -Way Agent
APP OA-
P AS 'Q NORM:
Chad Weaver, City Attorney
vw:ccdocs/RES.'Easeziietit-]:rciiship 1Si3
August 13, 2014
MM�6 iNO 9
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
GRANTOR, Frenship Independent School District, with street address of 501 7`h Street,
Wolfforth, Texas 79382, for a valuable consideration, to it paid by The City of Lubbock, Texas
(the "Grantee") with offices at 1625 13th 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, (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 the perpetual exclusive Easement to install water lines
and to survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace,
repair, and remove (hereinafter called "Permitted Uses') pipelines, conduits, drain (blow -ofd
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 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 'T=orary Easement Area") as more specifically described on Exhibit B as well as for all
other purposes identified in 13 below. The Temporary Easement, and all of Grantee's rights
therein, 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
City of Lubbock/Finahip ISD Faaeataa
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 Tenn 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 and subject to Section 23,
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.
d. 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. More specifically, and without limiting the
foregoing, Grantee shall provide reasonable access for the students, parents, patrons and
employees of Grantor to Terra Vista Middle School. Within the Easement, Grantee shall
City of LubbocWFmohip ISD Easement 2
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 tcmtinate, 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 titic 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 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 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.
lb. 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.
City of Lubbock.7maMp ISD Fasemen 3
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 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.
21. Neither party shall be liable to the other party or any of such party's affiliates in 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. Nothing contained herein shall be construed as a waiver by
the Grantee or Grantor of immunity of any kind or type, including without limitation, waiver of
immunity from liability and immunity from suit, and both the Grantor and the Grantee shall
retain all such immunities, except as may be otherwise waived pursuant to applicable laws of
the United States or State of Texas.
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.
City of IAbmWFm*hip ISD Easemem 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 '10 Soil')
shall be removed from the Pipeline System trench (the `Trench'I and stored in a pile that
is segregated from all other material and debris, and the remaining soil (the "Bottom
Soil'l 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 first 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 save and
except those described in 4 above.
25. It is hereby agreed as between Grantor and Grantee that the initial
construction of the Pipeline System on the Easement Lands shall not commence until
June 9, 2014 and shall be substantially complete on or before August 15, 2014.
Notwithstanding anything herein, it is understood that this paragraph shall not prohibit
Grantee from the right of ingress, egress and regress over, across and upon the Easement
Lands to survey, reconstruct, operate, inspect, maintain, alter, relocate, replace, repair,
and remove the Pipeline System.
26. Grantor agrees to accept the sum of Two Thousand Dollars ($2,000.00) as
full and complete consideration for all damage, including but not limited to the cost of the
repair, replacement and/or loss of use, relating to that one certain sign /structure
identified on the attached Exhibit B which is incorporated herein as if set forth verbatim.
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 ]
City of LubbocidFrwAip ISD Easement 5
EXECUTED this 11th day of September , 2014 ("Effective Date).
GRANTOR:
By: adQni nu,
Name: Brad Draper
Title: Board President
GRANTEE:
The City of Lubbock
By:
Name: Glen C. Robertson
Title: Mavor
ATTEST:
eb cca Garza, City SecretakX
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
City of Iybbmv F=n pISD Pm=w
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on e-uW5 S -T I [t, 2014, by BRAD
DRAPER ofFrenship Independent School District on behalf of sad school district.
Ef�'...�. tw - clrmvwis
1y it MY COMMISSKKI EYPMEs
>. Wrth1e,2110
STATE OF TEXAS
COUNTY OF LUBBOCK
1
Notary Pubh State of Texas
LINO) jAIlS1Ad
Printed Name of Notary
My commission expires: 3 I& VP
This instrument was acknowledged before me on A&h,G . ! e'22. 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
19 Noluy Ptkk,SWodTeras
MyCmsiS8W EVhsIXW1.2018
City d WI, a k/1muhip ISD Fia.
Not blic,S ate of7
M,o Webl,
Printed Name of Notary
My commission expires: 03-01W1
Exhibit A
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