HomeMy WebLinkAboutResolution - 2014-R0422 - Accept Easement - 12/18/2014Resolution No. 2014-R0422
Item No. 6.6
December 18, 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 Sections 4, Block AK. Lubbock, Lubbock County, Texas, 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 any closing costs be paid in connection with the purchase of the property
are approved herein.
Passed by the City Council on December 18, 201
G . RO ERTSON, MAYOR
ATTEST
Rebe cel Gar a City Secretsiv
A4P ROVED S TO CONTENT:
'e ✓ i G�
R. K t mith, P.E., Director of Public Works
&J 61n -
Dave Bucher, Right -of -Way Agent
APPR V AST F
Chad Weaver, City Attorney
RES.Easentent-Enclave at Kelsey P2 -2A
12.1.14
Resolution No. 2014-R0422
File and Return to
D e Booher R.O.W
/City of Lubbock
STATE OF TEXAS §
COUNTY OF LUBBOCK §
IIIIIIIIIIilllllliillllUlllllllllllllllllllllllllllllllllll EASE 2015003384
is PGS
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT:
GRANTOR, ENCLAVE AT KELSEY, LLC., a Texas limited liability company, with
street address of 17103 Preston Road, Suite 225, Dallas, Texas 75248-1389, 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.
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. 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 January 31, 2016.
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 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
Final Easement & Temporary Easement Form I
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, 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.
Final Easement & Temporary Easement Fom 2
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 bome 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.
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.
Final Easement & Temporary Easement Form
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 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, 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
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.
Final Easement & Temporary Easement Form 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. 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.
24. Nothing contained herein shall be construed as a waiver by Grantee of
immunity of any kind or type, including without limitation, waiver of immunity from
liability and immunity from suit, and Grantee shall retain all such immunities, except as
may be otherwise 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
terms and conditions hereof.
[ Signatures of the Parties on Next Page ]
Final Easement & Temporary Easement Form 5
EXECUTED this 18th day of December , 2014 ("Effective Date").
GRANTOR: ENCLAVE AT KELSEY, LLC, a Texas
limited liability company
By:
i�2r
Rex F. Robertson, Manager
GRANTEE:
The City of Lubbock
By:
Name: Glen C. Robertson
Title:
ATTEST:
Rebe ca Garza, City Secret
O [Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
Final Easement & Temporary Easement Form 6
STATE OF TEXAS
COUNTY OF 1_VxWxV C di -
This instrument was acknowledged before me on NOV - 19 2014, by Rex F.
Robertson, Manager of ENCLAVE AT KELSEY, LLC, a Texas limited liability company, on its
behalf.
TINA KATHLEEN MIMS
Notary Public. State of Texas
My Commission Expires
febfUafy 12, 2016
STATE OF TEXAS
COUNTY OF LUBBOCK
f
tary Public, State of Texas
1 � rl� (<. �VA1 r.S
Printed Name of Notary
My commission expires:
This instrument was acknowledged before me onj)6^rem.(0a!- 14 , 2014, by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of
said Texas Home Rule Corporation.
"=NcAac,�ate
Texas
-01-2018
Final Easement & Temporary Easement Form
Not ublic, tate of 7 iC4s
e�l i a Ule(ob
Printed Name of Notary
My commission expires: 03- 0l- ,01$
THE STATE OF TEXAS
THE COUNTY OF LUBBOCK
That LUBBOCK NATIONAL BANK duly organized and existing under the laws of the
State of Texas, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00)
paid in cash, and for other good and valuable consideration, the receipt of which is hereby
acknowledged and confessed, being a lien holder on the property described herein, does hereby
consent and agree to the foregoing Easement and does hereby subordinate its rights in the above
described property to the above dedication, as shown on the attached plat.
IN WITNESS WHEREOF, the said LUBBOCK NATIONAL BANK has caused these
presents to be signed by its duly authorized officer at Lubbock, Lubbock County, Texas, on
i)OV •2.0 2014.
LUBBOCK NATIONAL BANK
By:
Printed ame: lbve-j S.s. rig
Title: -1'110J
STATE OF TEXAS
COUNTY OF LUBBOCK
Thi Instrument was acknowledged before a on -�-o , 2014, by
n"9 ti 4AA , as 5r. i CE fY of LUBBOCK
NATIONAL BANK, and in the capacity therein stated.
•^ TINA KATHLEEN IAIMS
�A7 Nmary Public, State of Texas
My Commission Expires
•'.;�a"`o'er February 12, 2016
Final Easement & Temporary Easement Form
(nA n
Notary Public, State of Texas
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Final Easement & Temporary Easement Form 9
/I1 SOUTH LUBBOCK SANITARY SEWER EXTENSION
Parcel 2 - Permanent Easement
PERIMETER SURVEY OF A 0.032 ACRE TRACT LOCATED IN
SECTION 4, BLOCK AK
LUBBOCK COUNTY, TEXAS
SCALE: 1"=100'
Line Table
Line #
Length
Direction
1-1
69.31'
N700 41'44"E
L2
69.23'
S700 41'44"W
Curve Table
Curve #
Chord Direction
Chord Distance
Radius
CI
N14022'I I"W
20.08'
1535.00'
C2
514008'12"E
20.08'
1466.00'
POINT OF
-VOW AQgES
FP hVWSTA4S/, LLC
CtF02007044643
Bearings are relative to the Texas Coordinate System of 1983,
North Central Zone, NAD 83 (2011), Epoch 2010.0
Distances am surface, U.S. Survey feet.
Combined Scale Factor: 1.0002488
Surveyed on the ground.
September 25, 2014 �j /�
r � . UCI Q'
h E. Allen
R stered Professional
Land Surveyor No. 5895
State of Texas
9
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JW..20 Ap7ES
fP#WESTLI4S1 LLC
COrW2007044643
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 LIMITS.
e - SET 1/2" 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 1 of 2
SOUTH LUBBOCK SANITARY SEWER EXTENSION
Parcel 2 - Permanent Easement
PERIMETER SURVEY OF A 0.032 ACRE TRACT LOCATED IN
SECTION 4 BLOCK AK
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.032 acre parcel located in Section 4, Block AK, Lubbock County, Texas,
being a portion of 20.274 acre tract described in County Clerk File Number (CCFN) 2013048616, Official Public Records,
Lubbock County, Texas (OPRLCT), being further described as follows:
BEGINNING at a 1/2" iron rod with cap set in a curve of the West line of said 20.274 acre tract which bears S. 01°48'13" W.
a distance of 2024.30 feet and S. 88011147" E. a distance of 2720.37 feet from a cross cut nail found at the Southwest comer
of said Section 4, Block AK, for the Southwest comer of this parcel;
THENCE Northwesterly, along the West line of said 20.274 acre tract, along a curve to the right, having a radius of 1535.00
feet, a chord bearing of N. 14°22'11" W. and a chord distance of 20.08 feet to a 1/2" iron rod with cap set at a point of
intersection for the Northwest comer of this parcel;
THENCE N. 70041'44" E. a distance of 69.31 feet to a 1/2" iron rod with cap set in a curve of the East line of said 20.274
acre tract, for the Northeast comer of this parcel;
THENCE Southeasterly, along East line of said 20.274 acre tract, along a curve to the left, having a radius of 1466.00 feet, a
chord bearing of S. 14°08'12" E. and a chord distance of 20.08 feet to a 1/2" iron rod with cap set at a point of intersection
for the Southeast comer of this parcel;
THENCE S. 70°41'44" W. a distance of 69.23 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: 1.0002488
A plat of even survey date herewith accompanies this legal description
Surveyed on the ground
September 25,, 20114 /� n
s . as,
J E. Allen
Re istered Professional
Land Surveyor No. 5895
State of Texas
Sheet 2 of
70M, Hugo Reed end Associstts, Inc. far the sale use ofTnle Co.
Exhibit B
Legal Description of the Temporary Easement
Final Easement & Temporary Easement Form 10
SCALE: ["=100'
Line Table
Line #
Length
Direction
LI
69.23'
N70e 41' 44"E
L2
69.13'
S70° 41'44"W_
320.20 ACRES
FP hVVESTORS/, LLC
CCF.421007044643
SOUTH LUBBOCK SANITARY SEWER EXTENSION
Parcel 2-A - Temporary Easement
PERIMETER SURVEY OF A 0.047 ACRE TRACT LOCATED IN
SECTION 4, BLOCK AK
LUBBOCK COUNTY, TEXAS
POINT OF
Curve Table
Curve #
Chord Direction
Chord Distance
Radius
CI
S15007'01"E
30.08'
1466.00'
C2
N15018'20"W
30.07'
1535.00'
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: 1.0002488
Surveyed on the ground.
Se tembe 5, 2014
1 h E. Allen
R ate red Professional
Land Surveyor No. 5895
State of Texas
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Fri
320.20 ACRES
FP/NVESTLYi'S/, LLC
CCF,42007044643
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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.
dpi
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
O - SET 1/2" IRON ROD WITH CAP
O - FOUND 1/2" IRON ROD WITH CAP
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet 1 of 2
2014, I little Reed and Asaoeiales, Inc. for the sole use of Title Co.
td any other identifiers as indicated in the certificate shown hereon.
SOUTH LUBBOCK SANITARY SEWER EXTENSION
Parcel 2-A - Proposed Temporary Easement
PERIMETER SURVEY OF A 0.047 ACRE TRACT LOCATED IN
SECTION 4, BLOCK AK
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.047 acre parcel located in Section 4, Block AK, Lubbock County, Texas,
being a portion of 20.274 acre tract described in County Clerk File Number (CCFN) 2013048616, Official Public Records,
Lubbock County, Texas (OPRLCT), being further described as follows:
BEGINNING at a 1/2" iron rod with cap set in a curve of the West line of said 20.274 acre tract which bears
S. 01'48'13" W. a distance of 2024.30 feet and S. 88"11'47" E. a distance of 2720.37 feet from a cross cut nail found at the
Northeast comer of said Section 4, Block AK, for the Northwest corner of this parcel;
THENCE N. 70041'44" E. a distance of 69.23 feet to a 1/2" iron rod with cap set in a curve of the East line of said 20.274
acre tract for the Northeast corner of this parcel;
THENCE Southeasterly, along the East line of said 20.274 acre tract, along a curve to the left, having a radius of 1466.00
feet, a chord bearing of S. 15°07'01" E. and a chord distance of 30.08 feet to a 1/2" iron rod with cap set at a point of
intersection for the Southeast comer of this parcel;
THENCE S. 70041'44" W. a distance of 69.13 feet to a 1/2" iron rod with cap set in a curve of the West line of said 20.274
acre tract, for the Southwest comer of this parcel;
THENCE Northwesterly, along the West line line of said 20.274 acre tract, along a curve to the right, having a radius of
1535.00 feet, a chord bearing of N. 15"18'20" W. and a chord distance of 30.07 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: 1.0002488
A plat of even survey date herewith accompanies this legal description
Surveyed on the ground
September 25, 2014
E, OQL
eE.en
Registered Professional
Land Surveyor No. 5895
State of Texas
Sheet 2 of 2
Copyright 2014, Hugo Reed and A ociates, Inc. for the sole uae of Title Co.
for GF At and any other identifiers as indicated in the certificate showy hereov.
Cl FILED AND RECORDED
OFFICIAL I/g�(PUBLIC
UBLIC RECORDS ECCORDS
.�� r:� ^ L I I •MSW
Kelly Pinion, County Clerk
Lubbock County TEXAS
February 04, 2015 08:37:30 AM
FEE: $78.00 2015003384