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HomeMy WebLinkAboutResolution - 2014-R0425 - Accept Easement - 12/18/2014Resolution No. 2014-R0425 Item No. 6.9 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, 2014 K7 lWrERTSON, ATTEST: Rebeb a Garza,, City Secretary APPROVED XS TO CONTENT: of Public Works Dave Bother, Right -of -Way Agent APPR9V � AS TO FORM: M,Chaad/Weaver, City Attorney RES.Easentent-H Investors I -113,3A 12.1.14 File and Return to IIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIII EASE 2015003383 Dave Booher R.O.W. City of Lubbock 14 PGS //'pesolution�utixµ tin Ro.'&14-R0425 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § GRANTOR, FP INVESTORS I, 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 Eanipment 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 -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 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 on 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 Final Fesement & Temporary Ewmnent Foam I 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. 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 Form 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 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. 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 /f day of mo v e -^'i c r 2014 ("Effective Date"). GRANTOR: FP INVESTORS I, LLC, a Texas limited liability company Rex F. Robertson, Manager GRANTEE: The City of Lubbock By: Name: Gen C. Robertson Title: Mayor ATTEST: . Reb cca.Garza,.City Seca tky [ .dLowledgements of the Parties on Next Page] Final Easement & Temporary Easement Form STATE OF TEXAS COUNTY OF Ly.b GK This instrument was acknowledged before me onrGVY!{xr l9 , 2014, by Rex F. Robertson, Manager of FP INVESTORS I, LLC, a Texas limited liability company, on its behalf. �v Elizabeth D Miller my commission �'•c 04/2512016 Exvires 9�OF� STATE OF TEXAS COUNTY OF LUBBOCK Notary Pu ic, State of Texas Printed Name of Notary My commission expires: o� 5 This instrument was acknowledged before me on 'J)eC,,J ex- l9 , 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. �•"""" CELiA1idE"sB n NooWy?IwaC_718150,Tpxtw; ((!!^^^^1111 My Comm r r. vre:' 63.0 1 •2018 Final Easement & Temporary Easement Form Not lic, State of Text Printed Name of Notary My commission expires: 03- 01. X01 Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Form SCALE: ["=300' Q N ELSEYPARK d '-OTS24-64 ::� KELSEYPARK =.?27/3090427 W LOTS 69-//2 CLFOM13050505 135TH STREET 11k\�k U� Ij rn J a C U t'. X..274 AA4ES y�9 EAKLAKESFY6LLC I SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 3 - Permanent Easement PERIMETER SURVEY OF A 1.407 ACRE TRACT LOCATED IN SECTION 4, BLOCK AK LUBBOCK COUNTY, TEXAS 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. October 20114 �j �� C.. , l r L— h E. All, Registered Professional Land Surveyor No. 5895 State of Texas C Line Table > J DlrecNan LI 1187.38' N87 -58-13-W L2 851.11' Q J 854.04' N70 -41'44'E• L4 1193.M 987° 58' 13-E L5 W 1 J J > KELSEYPARK LOTS //3-/37 CGF.C27/4027302 Z `1 0 MAP ST WWERSTA' / b VRVVWEEA.SS QT/EY!/4R7J/Gt 3X1.27 ACRES fP#VWSTQPS/, LLC CCFAr2707094643 32727 AO4ES FP1vWST6RS1 LLC CLFOX07094643 POINT OF Curve Table Cave # owd twecton Chad Dhtmce Rad1n CI N14 -08'12"W 30.12' 1466.W C2 S02 -28.22-W 7.68' DOW 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. Line Table Lina # LWO DlrecNan LI 1187.38' N87 -58-13-W L2 851.11' S70 -41'"'W L3 854.04' N70 -41'44'E• L4 1193.M 987° 58' 13-E L5 22.3T S02°01'57 -W QT/EY!/4R7J/Gt 3X1.27 ACRES fP#VWSTQPS/, LLC CCFAr2707094643 32727 AO4ES FP1vWST6RS1 LLC CLFOX07094643 POINT OF Curve Table Cave # owd twecton Chad Dhtmce Rad1n CI N14 -08'12"W 30.12' 1466.W C2 S02 -28.22-W 7.68' DOW 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. //.008 AOWS KELWYPARK, L 7000S4'2O/30464/6 NOTES: 1 1 HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP a - FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 IQ ,r'a rvanr -TACr2' 'F'MRD'w Z //.008 AOWS KELWYPARK, L 7000S4'2O/30464/6 NOTES: 1 1 HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP a - FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 3 - Permanent Easement PERIMETER SURVEY OF A 1.407 ACRE TRACT LOCATED IN SECTION 4, BLOCK AK LUBBOCK COUNTY. TEXAS METES AND BOUNDS DESCRIPTION of a 1.407 acre parcel located in Section 4, Block AK, Lubbock County, Texas, being a portion of 320.20 acre tract described in County Clerk File Number (CCFN) 2007044643, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the West line of a 11.008 acre tract described in CCFN 2013046416, OPRLCT, which bears N. 88°13'54" W. a distance of 513.74 feet and S. 01°46'06" W. a distance of 1705.57 feet from a cross cut nail found at the Northeast comer of said Section 4, Block AK, for the Southeast comer of this parcel; THENCE N. 87058'13" W. a distance of 1188.38 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 70041'44" W. a distance of 851.11 feet to a 1/2" von rod with cap set in a curve, being the East line of a 20.274 acre tract described in CCFN 2013048616, OPRLCT, for the Southwest comer of this parcel; THENCE Northwesterly, along the East line of a 20.274 acre tract, along a curve to the right, having a radius of 1466.00 feet, a chord bearing of N. 14°08'12" W. and a chord distance of 30.12 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 854.04 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 87058'13" E. a distance of 1193.09 feet to a 1/2" iron rod with cap set in the West line of said 11.008 acre tract, for the Northeast comer of this parcel; THENCE S. 02001'57" W. along the West line of said 11.008 acre tract, a distance of 22.32 feet to a 1/2" iron rod with cap set at a point of curvature for a corner of this parcel; THENCE Southwesterly, continuing along the West line of said 11.008 acre tract, along a curve to the right, having a radius of 500.00 feet, a chord bearing of S. 02°28'22" W. and a chord distance of 7.68 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 October 6, 2014 E, lam-+[ , Alen Registered Professional Land Surveyor No. 5895 State of Texas i&mfiers. Sheet 2 of Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Easement Form SCALE: 1"=300' a ELSEYPARK � :OTS 24-64 1 g #'cT1/3LM0427 li.l v a5 J U1 Wit 20.274 ACRES ENCYAPE AT KELSEY, LLC COFAV 7130486/6 LOTS 89-112 135TH SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 3-A - Temporary Easement PERIMETER SURVEY OF A 1.400 ACRE TRACT LOCATED IN SECTION 4, BLOCK AK LUBBOCK COUNTY, TEXAS LOTS //3-137 L CCFA'ET214027302 i 40 � STOW" / a3o cwa CTT#' Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances arc surface, U.S. Survey feet. Combined Scale Factor: 1.0002488 Surveyed on the ground. October 014 ��J I. �MJ4--.. h E. Allen R "tered Professional Land Surveyor No. 5895 State of Texas .127.20 ACRES f I&ESTCPS/° LLC CCF02007044643 M?Vr L4 POINT OF BEGINNING 327MACRES FPAWSTCRS/° LLC CL.F#2007044643 Curve Table Line Table Line # LN10 Dlreeaan LI 1190.36' N87 -59-13"W 1.2 947.55' S70°41'44"W L3 851.1 r N70° 41' 44-E L4 1187.38' 1 S87° 58' 13"E .127.20 ACRES f I&ESTCPS/° LLC CCF02007044643 M?Vr L4 POINT OF BEGINNING 327MACRES FPAWSTCRS/° LLC CL.F#2007044643 Curve Table Q. # Q1ara DtreatlanChard Dlstmw Rad. CI Sao°38'02"W30.03' 500.00' C2 NIS°19'47"W 30.07' 1466.00' 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. A008 ACRES KELSEYPARK, L 7000F#X13046416 I I I4N i 1°J NOTES' HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP a - FOUND 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of SOUTH LUBBOCK SANITARY SEWER EXTENSION Parcel 3-A - Temporary Easement PERIMETER SURVEY OF A 1.400 ACRE TRACT LOCATED IN SECTION 4, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.400 acre parcel located in Section 4, Block AK, Lubbock County, Texas, being a portion of 320.20 acre tract described in County Clerk File Number (CCFN) 2007044643, 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, in the West line of a 11.008 acre tract described in CCFN 2013046416, OPRLCT, which bears N. 88'13'54" W. a distance of 513.74 feet and S. 01'46'06" W. a distance of 1705.57 feet from a cross cut nail found at the Northeast corner of said Section 4, Block AK, for the Northeast comer of this parcel; THENCE Southwesterly, along the West line of said 11.008 acre tract, along a curve to the right, having a radius of 500.00 feet, a chord bearing of S. 04°38'02" W. and a chord distance of 30.03 feet to a 1/2" iron rod with cap set at a point of intersection for the Southeast comer of this parcel; THENCE N. 87058'13" W. a distance of 1180.36 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 70°41'44" W. a distance of 847.55 feet to a 1/2" iron rod with cap set in a curve, in the East line of a 20.274 acre tract described in CCFN 2013048616, OPRLCT, for the Southwest comer of this parcel; THENCE Northwesterly, along the East line of said 20.274 acre tract, along a curve to the right, having a radius of 1466.00 feet, a chord bearing of N. 15018'47" W. and a chord distance of 30.07 feet to a 1/2" iron rod with cap set at a point of intersection for the Northwest comer of this parcel; THENCE N. 70°41'44" E. a distance of 851.11 feet to a 1/2" iron rod with cap set for a comer of this parcel; THENCE S. 87058'13" E. a distance of 1187.38 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 October 6, 2014n n . a&, E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 FILED AND RECORDED }�CF14:vi OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS February 04, 2015 08:37:30 AM 2015003383 FEE: $74.00