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HomeMy WebLinkAboutResolution - 2014-R0361 - Accept Easement - NW Water Reclamation Project - 10/23/2014Resolution No. 2014-R0361 Item No. 5.5 October 23, 2014 RESOLUTION 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 11, Block JS, and Section 14, Block A, Lubbock, Lubbock 'County, Texas, for the Northwest Water Reclamation 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. Passed by the City Council on October 23, 2014 GL 1 . RO RTSON, MAYOR ATTEST: Re ca Gana, City Secretary APPROVED ASi TQ CONTENT: YC. l R. Keith Smith, P.E., Director of Public Works ,�� Q121-� Dave Booher, Right -of -Way Agent APP IjD D AS O FORM: �ad Weaver, Chit/ Attorney RES.Easement-Parcel 10,10A,1I and I IA 9.30.2014 \��,\ Resolution No. 2014-RO361 V CITY OF LUBBOCK File and Return to OFFICE PICK UP Dave Booher R.O.W. City of Lubbock EASEMENT EASE 2015020323 20 PGS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § GRANTOR, NORTHWEST PASSAGE JOINT VENTURE, a Texas Joint Venture, with street address of 5001 W Loop 289, Lubbock, TX 79414, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 130' 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 together with the right to install, 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, roadways, 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, waste water and effluent 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 (Ute "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 shall use and occupy the Easement for purposes incidental and/or related to the Permitted Uses, including but not limited to: (a) the right to perform all Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of unimpaired ingress and egress and regress, entry and access in, to, through, on, over, under and across said Easement granted herein, with the right to ingress and Final Easement & Temporary Easanent Parcels 1-0, 10A,11 & 11A I egress and regress to and from and access on and along said Easement, for any and all purposes necessary and or incident to 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/effluent 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 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, waste water, and/or effluent 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 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 Lands and 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. Notwithstanding anything contained herein to the contrary, although the Grantee may reconstruct any roadway crossed by Grantee in exercising its rights hereunder, Grantee assumes no maintenance for any road reconstructed as a result of Grantee's use of the Easement and Grantee expressly waives same. 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 Final Easement & Temporary Easement Parcels 1-0, 1OA, 11 & I IA 2 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. 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 borne 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. Final Easement & Temporary Easement Panels 1 A, IOA, 11 &11 A 3 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. 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 snail 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, 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 Final Easement &. Temporary Easement Parcels 1-0, 10A, I I& I 1 A 4 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. 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 thud -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 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. 25. Nothing contained herein shall be construed as a waiver by the Grantee of immunity of any kind or type, including without limitation, waiver of immunity from liability and immunityfrom suit, and the Grantee shall retain all such immunities, except as may be othenaise waived pursuant to applicable laws of the United States or State of Texas. 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 tenns and conditions hereof. [ Signatures of the Parties on Next Page ] Final Fas mt & Temporml Easemmt Panels 1-0, 1 OA. 11 d 11A 5 EXECUTED this 1L day ofe�be — 2014 ("Effective Date"). GRANTOR: NORTHWEST PASSAGE JOINT VENTURE, a Texas Joint Venture By: Q Ir -l7- 14 John . Cullers, Managing Partner CONSENT OF LIENHOLDER The undersigned, for and in consideration of the sum of Ten AND NO/100THS DOLLARS ($10.00) paid in cash and for other good and valuable consideration, the receipt of which is hereby acknowledged and confessed, being a lienholder on the property described herein, does hereby consent and agree to the foregoing Easement and does hereby subordinate his right in the above-described property to the above Easement. IN WITNESS WHEREOF, the undersigned has caused these presents to be signed on 2014. LIENHOLDER: CITY BANK, Trustee By: Its: 73AAIVeN P9E34/Df/-�7_ GRANTEE: The City of Lubbock By: , L Name;_(�Ieri e.�Rpb f3�204 Title: ,jt�aunr, a>y ATTEST: Reb cci.Garza City Secret [Acknowledgements of the Parties on Next Page] Final Easement & Temporary Easement Parcels 1-0, 1OA, 11 & I IA 6 APPROVED AS TO CONTENT: ctry ocCK.B,soc�l APPROVED Ryan STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on Sept: // , 2014, by John S. Cullers in his capacity as Managing Partner of Northwest Passage Joint Venture, a Texas Joint Venture on behalf of said Joint Ventu;vtl�-c pv*+ =EXP. c, State of Texas Printed Name of Nota ry My commission expires: 11*7 /4 STATE OF TEXAS COUNTY OF =BOCK- acknowledged (fin // 2014, by in his capacity as=fret of City Bank, Trustee on W PrintecYName of Notary My commission expires: e;2-1 %— 17 Final Easemem & TempomryEasement Pamels 1-0, 10A, 11 & 11 A 7 STATE OF TEXAS COUNTY OF LUBBOCK a. This instrument was acknowledged before me on � Ric/; 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation, CELIA WEBB Notary Pubic, Slated Texas My Commissim E#es 03-01.2018 Notar,} u��tatc of Texas (:e(;a vllplbb Printed Name of Notary My commission expires: 03.01- P-01$ Final Easement & TempomryEa nmi Parcels 1-0, 10A, 11 &11 A 8 Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Parcels 1-0, 1 OA, 11 &1 IA 9 n �! NORTHWEST WATER RECLAMATION PROJECT 'a 'Zy,� pa 4Y Parcel No. 10 -Permanent Easement \' (�!•�y &y PERIMETER SURVEY OF A 2.969 ACRE ad, TRACT LOCATED IN SCALE: 1"=500' SECTION 1DBLOCK JS AND SECTION 14, BLOCK A h o _ LUBBOCK COUNTY, TEXAS w� 1 o � I Q �o c� w 286:/4 AtxrEs AVRTHWEST PASSAGE a ✓ONT WJVR.RE Prx. /035/• FG./83 Ctm Table Curve # Radius Chord Direction Chord Distance Cl 1575.00' N00.57'00'W 125.50' C2 1415.00' N29"'40"E 35.04' URSULINE STREET t =� ---- taanoEo� ----POINT OF BEGINNIP /60./39 OWS AVRTHHEST PASSAGE ✓ JVT YEHTLw ; CCFA*V060R402/ i r— I— 'V �4.SA4LAE/ EASEAEM KC. 814 M. 633 u= 303.29 ALYtE:4 Al�Y7HWEST PASS4GE X1w VENR.WE 14X. 107/6• PG. /35 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. April 9,20014An •�. ohE. All, ReListered Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. e- SET 1/2" IRON ROD WITH CAP e- SET MAG NAIL WITH WASHER O- FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Note: No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was made only forthe purpose of determining the boundary of this property and of the adjoining parcels. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. and Sheet I of 3 Line Table Line # Direction Length Ll N43. 25' 50V 42.60' L2 Nor 20' 0o"E 1550.17' L3 Note 20'00"E 747.11' L4 N23' 48' I6'W 102.60' L5 Not* 46' 03'E 1412.58' L6 N56• II' 3VW 634.30' L7 S580 11' 33'E 650.35' La Sol* 45'&W 1435.66' L9 SOO 3Y WE 90.76' L10 Sol" 20' 00'W 2446.23' L11 SW 11'41"E 170.00' L12 Soi' 20' 00"W 47.00' L13 N66• II' 41'W 160.00' Ctm Table Curve # Radius Chord Direction Chord Distance Cl 1575.00' N00.57'00'W 125.50' C2 1415.00' N29"'40"E 35.04' URSULINE STREET t =� ---- taanoEo� ----POINT OF BEGINNIP /60./39 OWS AVRTHHEST PASSAGE ✓ JVT YEHTLw ; CCFA*V060R402/ i r— I— 'V �4.SA4LAE/ EASEAEM KC. 814 M. 633 u= 303.29 ALYtE:4 Al�Y7HWEST PASS4GE X1w VENR.WE 14X. 107/6• PG. /35 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. April 9,20014An •�. ohE. All, ReListered Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. e- SET 1/2" IRON ROD WITH CAP e- SET MAG NAIL WITH WASHER O- FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Note: No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was made only forthe purpose of determining the boundary of this property and of the adjoining parcels. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. and Sheet I of 3 NORTHWEST WATER RECLAMATION PROJECT Parcel No. 10 - Permanent Easement PERIMETER SURVEY OF A 2.969 ACRE TRACT LOCATED IN SECTION 1 1, BLOCK JS AND SECTION 14, BLOCK A LUBBOCK COUNTY. TEXAS METES AND BOUNDS DESCRIPTION of a 2.969 acre parcel located in Section 11, Block IS, Lubbock County, Texas, and Section 14, Block A, Lubbock County, Texas, being a portion of a 286.14 acre tract described in Volume 10351, Page 183, Official Public Records, Lubbock County, Texas, and a 727.417 acre tract described in Volume 10351, Page 176, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found at a point of intersection in the East Right -of -Way line of North Slide Road described in County Clerk File Number 2012043729, Official Public Records, Lubbock County, Texas, which bears N. 01 °46'28" E. a distance of 64.96 feet and S. 88'13'32" E. a distance of 68.13 feet from a mag nail with washer set at the common comer of Sections 5, 6 and 11, Block JS, and Section 14, Block A, Lubbock County, Texas, for the Southern most Southwest comer of this parcel; THENCE N. 43025'50" W. along the East Right -of -Way line of said North Slide Road at 14.52 feet pass the North line of a 60.00 foot water pipeline easement described in Volume 986, Page 311, Deed Records, Lubbock County, Texas, continuing for a total distance of 42.60 feet to a 1/2" iron rod with cap found at a comer of this parcel; THENCE N. 01 020'00" E. along the East Right -of -Way line of said North Slide Road at 966.50 feet pass a 1/2" iron rod with cap found at the Southwest corner of a drainage easement described in County Clerk File Number 2012043730, Official Public Records, Lubbock County, Texas, and at 1166.50 feet pass a 1/2" iron rod with cap found at the Northwest comer of said drainage easement, continuing for a total distance of 1580.17 feet to a 1/2" iron rod with cap found for at a point of curvature, for a comer of this parcel; THENCE Northwesterly along the East Right -of -Way line of said North Slide Road, around a curve to the left having a radius of 1575.00 feet, a chord bearing N. 00°57'00" W. and a chord distance of 125.50 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 01 020'00" E. a distance of 747.11 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 23048'16" W. at 32.46 feet pass the West line of said Section 14, Block A, and the East line of said Section 11, Block JS, and at 55.62 feet pass the East line of a 10.00 foot gas pipeline easement described in Volume 818, Page 635, Deed Records, Lubbock County, Texas, continuing for a total distance of 102.60 feet to a 1/2" iron rod with cap set in the North line of said 727.417 acre tract and in the South line of said 286.14 acre tract, for a corner of this parcel; THENCE N. 01046'03" E. a distance of 1412.58 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 58011'33" W. a distance of 634.30 feet to a 1/2" iron rod with cap set for a point of curvature in the East Right -of -Way line of said North Slide Road, for a comer of this parcel; THENCE Northeasterly along the East Right -of -Way line of said North Slide Road, around a curve to the right having a radius of 1415.00 feet, a chord bearing N. 29°08'40" E. and a chord distance of 35.04 feet to a 1/2" iron rod with cap set in the South line of a 10.00 foot electric power line easement described in Volume 1046, Page 339, Deed Records, Lubbock County, Texas, for the most Northerly Northwest corner of this parcel; THENCE S. 58011'33" E. along the South line of said 10.00 foot electric power line easement a distance of 650.35 feet to point in the East line of said 286.14 acre tract and in the West line of a 24.16 acre tract described in Volume 8216, Page 30, Official Public Records, Lubbock County, Texas, which bears S. 01°46'03" W. a distance of 11.55 feet from a 1/2" iron rod with cap found at the Northwest comer of said 24.16 acre tract, for the Northeast comer of this parcel; Sheet 2 of - Continued on Page 3 - T T1 LJI Ir =f'1 ===r— ReN far GF 4end NORTHWEST WATER RECLAMATION PROJECT Parcel No. 10 - Permanent Easement PERIMETER SURVEY OF A 2.969 ACRE TRACT LOCATED IN SECTION 11, BLOCK JS AND SECTION 14, BLOCK A LUBBOCK COUNTY, TEXAS THENCE S. 01045'22" W. along the common line of said 286.14 acre tract and said 24.16 acre tract a distance of 1435.66 feet to a 1/2" iron rod with cap in concrete found in the North line of said 10.00 foot gas pipeline easement and at the Southwest comer of said 24.16 acre tract for a comer of this parcel; THENCE S. 23037'40" E. at 44.79 feet pass the South line of said 10.00 foot gas pipeline easement, continuing for a total distance of 90.76 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 01 020'00" W. at 1296.56 feet pass the North line of said drainage easement described in County Clerk File Number 2012043730, Official Public Records, Lubbock County, Texas, and at 1496.50 feet pass the South line of said drainage easement, continuing for a total distance of 2446.23 feet to a 1/2" iron rod with cap set for an 'ell' comer of this parcel; THENCE S. 88°11'41" E. a distance of 170.00 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 01020'00" W. a distance of 47.00 feet to a 1/2" iron rod with cap set in the North Right -of -Way line of Ursuline Street described in County Clerk File Number 2012043729, Official Public Records, Lubbock County, Texas, for the Southeast comer of this parcel; THENCE N. 88°11'41" W. along said North Right -of -Way line of Ursuline Street for a distance of 160.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description Surveyed on the ground April 9, 2014 CE. &_ E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 3 of Reed and Aaaclaft , loc. for Ne sole use of Fite Co. identifiers as indicated in the cenifcate shown hereon. SCALE: V=100' 296.74 ACRES NA97HWEST PAS3Atr \ ✓AWT VEvnRE I'M. 10351, P6. 793 \ �r'4r NORTHWEST WATER RECLAMATION PROJECT Parcel No. 1 I - Permanent Easement PERIMETER SURVEY OF A 0.166 ACRE TRACT LOCATED IN SECTION 11, BLOCK JS LUBBOCK COUNTY, TEXAS Bearings are relative to the'rexas Coordinate System of 1953, North Central Zone, NAD 53 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. April 14, 2014 )^(per E, �.X.1aC.� o-jdlt E. Allen Registered Professional Land Surveyor No. 5595 State of Texas Curve Table Line Table Radius Llne # Direction I Length LI N580 11'33"W 122.60' L2 N31. 48' 27"E 60.00' L3 956. 11'33!E 120.00' Curve Table Curve # Radius Chord Direction Chord Distance cl 1575.00' s29.19'2v w 60.06' Note: 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. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. NOTES: HEAVY LINES INDICATE PLAT LIMI"I S. O - SET 1/2" IRON ROD WITH CAP 0 - FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 2014. Inc. for the wle use of Title 0, NORTHWEST WATER RECLAMATION PROJECT Parcel No. 11 - Permanent Easement PERIMETER SURVEY OF A 0.166 ACRE TRACT LOCATED IN SECTION 11, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.166 acre parcel located in Section 11, Block JS, Lubbock County, Texas, being a portion of 286.14 acre tract described in Volume 10351, Page 183, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the West Right -of -Way of North Slide Road described in County Clerk File Number 2012043729, Official Public Records, Lubbock County, Texas, which bears N. 88'13'32" W. a distance of 725.09 feet and N. 01°46'28" E. a distance of 4436.93 feet from a mag nail with shiner found at the Southeast comer of Section 11, Block JS, Lubbock County, Texas, for the Southeast comer of this parcel; THENCE N. 58011'33" W. a distance of 122.60 feet to a 1/2" iron rod with cap set for the Southwest comer of this parcel; THENCE N. 31048'27" E. at 50.00 feet pass the South line of a 10.00 foot electric power line easement described in Volume 1046, Page 339, Deed Records, Lubbock, Texas, continuing for a total distance of 60.00 feet to a 1/2" iron rod with cap set in the North line of said 286.14 acre tract and in the Southwest line of U.S. Highway 84 (Clovis Road) described in Volume 986, Page 559, Deed Records, Lubbock County, Texas, and in the North line of said 10.00 foot electric power line easement, for the Northwest corner of this parcel; THENCE S. 58011'33" E. along the North line of said 286.14 acre tract and along the Southwest line of said U.S. Highway 84 (Clovis Road) and along the North line of said 10.00 foot electric power line easement a distance of 120.00 feet to a 1/2" iron rod with cap found at at a point of curvature in the West line of North Slide Road, being the Northernmost Northwest comer of the Right -of -Way described in County Clerk File Number 20120043729, Official Public Records, Lubbock County, Texas, for the Northeast corner of this parcel; THENCE Southwesterly along the West line of said North Slide Road, around a curve to the left having a radius of 1575.00 feet, a chord bearing S. 29°19'26" W. and a chord distance of 60.06 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description Surveyed on the ground April 14, 2014 kEAL J E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 2014, Hugo Reed and Associates. Inc. far the sole use afritle Co. id any other identifiers as indicated in the cerrifiate shown hereon Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Easement Parcels 1-0, 1 OA, 11 & 11 A 10 SCALE: I "=500' GS NORTHWEST WATER /go�cy� RECLAMATION PROJECT 4. q, 9Y8 g Parcel No. 10-A -Temporary Easement Vfl1; y F PERIMETER SURVEY OF A 2.504 ACRE 0 TRACT LOCATED IN `S SECTION 11, BLOCK JS �It AND SECTION 14, BLOCK A \` LUBBOCK COUNTY, TEXAS 286.14 ACWES H NQ47NWEST PASSAGE ✓Mr VEN7ZRE a y �• \ I'm. /Q35/, PG. 183 r0 r;F b�b Curve Table Curve # Radius I Chord Direction I Chord Distance cl 1575.00' N07'48'53"W 1 251.60' C2 1415.00' 1 N273723"E 1 40.11' URSULINE STREET �i : — —'�' l6NanEo) — 160.139 AEWES NA4TH{f£STPASSA6E ANT YEN7lRE L1r'£CJOb'Os1302/ "'wFAaACEASEWNr KY. 6/B. M. 635 I 60'WA7E FOELM EASEipJT ��xJN_ f�303. AQW5 AQRTHHESrPASSACE .V#VT W9117ZAIE NX. 101716, FG. 135 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. April 9, 14 J h . Allen Registered Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. e- SET 1/2" IRON ROD WITH CAP e- SET MAG NAIL WITH WASHER e- FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Note: 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. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. Sheet I of Copyright 2014. Hugo Reed and Associates, Inc. for the sole use afTrtle Co. for GF > and any other identifiers as indicated in the cenificate shown hereon. Line Table Line # Direction Length L1 NOP 20' WE 489.77 L2 N23. 53' 31"W 102.44' L3 N01' 46' at 1398.98' L4 hw 11' 33"W we.3o' L5 S58' 11'33E 634.30' Lis SOP 46' 03"W 1412.59' L7 S23. 48' WE 102.60' LB 501' 20' o0"W 747.11' Curve Table Curve # Radius I Chord Direction I Chord Distance cl 1575.00' N07'48'53"W 1 251.60' C2 1415.00' 1 N273723"E 1 40.11' URSULINE STREET �i : — —'�' l6NanEo) — 160.139 AEWES NA4TH{f£STPASSA6E ANT YEN7lRE L1r'£CJOb'Os1302/ "'wFAaACEASEWNr KY. 6/B. M. 635 I 60'WA7E FOELM EASEipJT ��xJN_ f�303. AQW5 AQRTHHESrPASSACE .V#VT W9117ZAIE NX. 101716, FG. 135 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. April 9, 14 J h . Allen Registered Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. e- SET 1/2" IRON ROD WITH CAP e- SET MAG NAIL WITH WASHER e- FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Note: 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. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. Sheet I of Copyright 2014. Hugo Reed and Associates, Inc. for the sole use afTrtle Co. for GF > and any other identifiers as indicated in the cenificate shown hereon. NORTHWEST WATER RECLAMATION PROJECT Parcel No. I O -A -Temporary Easement PERIMETER SURVEY OF A 2.504 ACRE TRACT LOCATED IN SECTION 11, BLOCK JS AND SECTION 14, BLOCK A LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 2.504 acre parcel located in Section 11, Block JS, Lubbock County, Texas, and Section 14, Block A, Lubbock County, Texas, being a portion of a 286.14 acre tract described in Volume 10351, Page 183, Official Public Records, Lubbock County, Texas, and a 727.417 acre tract described in Volume 10351, Page 176, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in a curve in the East Right -of -Way line of North Slide Road described in County Clerk File Number 2012043729, Official Public Records, Lubbock County, Texas, which bears N. 01046'28" E. a distance of 1800.46 feet and S. 88°13'32" E. a distance of 19.77 feet from a mag nail with washer set at the common comer of Sections 5, 6 and 11, Block JS, and Section 14, Block A, Lubbock County, Texas, for the Southeast comer of this parcel; THENCE Northwesterly along the East Right -of -Way line of said North Slide Road, around a curve to the left, at a chord bearing N. 05°55'11" W. and a chord distance of 147.64 feet pass the East line of said Section 11, Block 1S, and the West line of said Section 14, Block A, and at a chord bearing N. 06050'50" W. and a chord distance of 198.56 feet pass the East line of a 10.00 foot gas pipeline easement described in Volume 818, Page 635, Deed Records, Lubbock County, Texas, said curve having a radius of 1575.00 feet, a chord bearing N. 07°48'53" W. and a total chord distance of 251.60 feet to a 1/2" iron rod with cap set for the the Southwest comer of this parcel; THENCE N. 01020'00" E. a distance of 489.77 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE N. 23°53'31" W. at 55.60 feet pass the West line of said 10.00 foot gas pipeline easement and the East line of a variable width gas line easement described in County Clerk File Number 2012044678, Official Public Records, Lubbock County, Texas, continuing for a total distance of 102.44 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE N. 0 046'03" E. at 9.46 feet pass the North line of said variable width gas line easement and the North line of said 727.417 acre tract and the South line of said 286.14 acre tract for a total distance of 1398.98 feet to a 1/2" iron rod with cap set for an'ell' corner of this parcel; THENCE N. 58011'33" W. a distance of 608.30 feet to a 1/2" iron rod with cap set in the East Right -of -Way line of said North Slide Road, for a comer of this parcel; THENCE Northeasterly along the East Right -of -Way line of said North Slide Road, around a curve to the right having a radius of 1415.00 feet, a chord bearing N. 27°37'23" E. and a chord distance of 40.11 feet to a 1/2" iron rod with cap set for the Northwest comer of this parcel; THENCE S. 58011'33" E. a distance of 634.30 feet to a 1/2" iron rod with cap set in the for the Northeast comer of this parcel; THENCE S. Ol 046'03" W. a distance of 1412.58 feet to a 1/2" iron rod with cap set in the North line of said 727.417 acre tract and the South line of said 286.14 acre tract and in the North line of said 10.00 foot gas pipeline easement, for a comer of this parcel; THENCE S. 23048'16" E. at 46.99 feet pass the East line of said 10.00 foot gas pipeline easement and at 69.89 feet pass East line of said Section 11, Block JS, and the West line of said Section 14, Block A, continuing for a total distance of 102.60 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 01 020'00" W. a distance of 747.11 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description Surveyed on the ground April 9, 2014 JW E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of Hugo Reed and Associates, Inc. for the sole use of Title Co. M SCALE: 1"=100' NORTHWEST WATER RECLAMATION PROJECT Parcel No. I 1-A - Temporary Easement PERIMETER SURVEY OF A 0.1 I4 ACRE TRACT LOCATED IN SECTION 1 I, BLOCK JS LUBBOCK COUNTY, TEXAS o�SR . 8g \ T \ MG. 14 ASS \ \ \ NQPTHW£ST PASSAGE \ JLYVT VENn RE V0.' .\ 351, PG. 183 \ 1 \ \ Hearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. April 14, 2014 al� E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OF Curve Table Line Table I Chord Direction I Chord Distance Line # Direction Length LI WO II' 33aW 125.61' L2 N31.48' 2rE 40.00' L3 S58a I I' 33"E 122.60' Curve Table Curve # I Radius I Chord Direction I Chord Distance Cl 1575.00' 1 S27^..0'07`W 1 40.11' �o PP 288.14 AO7ES\ q \ \ Npi'THW£ST PASSAG1r ,/LtlVT VENT(.RE \ \ tX. 10351, PG. 183 \NOTES: Note: 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. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. HEAVY LINES INDICATE PLAT LIMITS. e - SET 112" IRON ROD WITH CAP ®- FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet I of Copyright 7014. Hugo Reed and Associates, Inc. for the sole use of'ritle Co. far GF p and any colic, idoninen as indicated in the cer ificate he. hem..