HomeMy WebLinkAboutResolution - 2013-R0444 - Accept Easement - Well Field Supply Line Project - 12/19/2013RESOLUTION
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 33,Block JS,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 set forth herein and shall be
included in the minutes of the City Council.
THAT the consideration for the Easement shall be $334.00 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 December 19,2013
ATTEST:
JU*C^ni-
Reoecca Garza, City Secretary
APPROVED AS TO CONTENT:
/C,JudJ^
GLEM C.ROBERTSON,MAYOR
R.Keith Smith,P.E.,Director of Public Works
/yg^C./Qs^tCc*-;
Dave Booher,Right-of-Way Agent
APPROVED AS TO FORM:
Chad Weaver,Assistant City Attorney
vw:ccdocs/RES.Easement-Lira
November 22,2013
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
Frank Lira and Joaquina Lira, with street address of 7207 CR 6100, Shallowater, TX
79363, hereinafter collectively referred to as Grantor, 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 Eguipment
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.
For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, this Easement is specifically made by Grantor and
accepted by Grantee subject to the following terms, covenants, obligations and conditions:
1. Grantee may use and occupy the Easement for the sole purpose of: (a) the
right to perform Permitted Uses related to the Pipeline System; (b) the right (for men,
material, and equipment) of ingress and egress and regress to and from and access on and
along said Easement granted herein, with the right to ingress and egress and regress to
and from and access on and along said Easement, for the Permitted Uses; and (c) the right
to locate the Pipeline System through, over, under, upon, across and within the Easement
for the purpose of water/waste water transportation.
2. Grantee covenants and agrees that its use of the Easement and its
operations conducted thereon shall, to the best of Grantee's ability, at all times comply
with all applicable local, state and federal laws, orders, rules, regulations, standards,
Pipeline Easement Agreement 1
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, 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.
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.
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.
Pipeline Easement Agreement 2
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.
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
Pipeline Easement Agreement
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.
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.
Pipeline Easement Agreement 4
EXECUTED this 29th day of October, 2013 ("Effective Date").
GRANTOR:
F K LIRA
M
GRANTEE:
The City of Lubbock
By:
Name: Glen C. Robertson
Title: Mayor
ATTEST:
'06 ee
Rebe ca Garza;_City Secret
[Acknowledgements of the Parties on Next Page]
APPROVED AS TO CONTENT:
11))AIAIJ
APPROVED
Ryan J:
Pipeline Easement Agreement 6
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on 2 -� D '4'b " v
Lira and Joaquina Lira.
I:=
xpiros
STATE OF TEXAS
COUNTY OF LUBBOCK
lK' "I
Notary Public, State of Texa
Printed Name of Notary
My commission expires: 12 l `i 2�15
2013, by Frank
This instrument was acknowledged before me on , 2013, by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of
said Texas Home Rule Corporation.
re�F
°i"R P`B`° CELIA WEBB
Notary Public, State of Texas
�q My Commission Expires 3.012014
Pipeline Easement Agreement
pa'&�j; V--i�
Notary Public State of
Ce!'iQ t'�I%&D
Printed Name of Notary
My commission expires: 0.3 - 0!- "641
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Pipeline Easement Agreement
BAILEY COUNTY WATER PIPELINE
S� Parcel No. 45 - Permanent Easement
PERIMETER SURVEY OF A 0.189 ACRE TRACT LOCATED IN
SECTION 33, BLOCK JS
LUBBOCK COUNTY, TEXAS
SCALE: 1 "--50'
'li I
1 � I
1.84 ACRES = I /.15 AC'RES 4 I cry
RONALD a WCK/ GOULETTE `� DARRELL a ✓ODY COO /.86 ACRES Lu
VOL. 2453 PG. 78 VOL. 3316, PG. 217
L — BARRY a GAIL L ORANCE � J g 2.04 ACRES
_ _ Q VOL. 6414 PG. 155 Q p DAAD 8 EPETTE DUPREEZ
c�u' ; — — _ — I CCF#2009004343
� )-1i
- -r-. ley — —•— __
50'R1GHT-CF-WAY' m
L VOL. 1380, PG. 754 l
SEC rrav36, BLOCKD-5 __. _ COUNTY ROAD 6IO. 0
Ll __
SE.CTKAV 33, 8LOL7f JS/� (STRIP PAVED)
POINT OF BEGINNING _ -
�J -
5.28 ACES
PHLL/P 61 GERTRUDE ✓ "GASH
CCF#2007046834
Line Table
Line #
Direction
Length
Ll
S88` 14'45"F
275.00'
L.2
S01° 50' 24"W
30l)lr
L3
N88° 14' 45"W
275 00'
L4
N01 ° 50' 24"F.
30.00'
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: 1.0002347
OF T�
Surveyed on the ground.
October'_3, 201 1
�Q` GZ S
JOHN E. ALLEN
:,.....
.0 5895 v Q'
i
1i h� F...111cn
Rc
CSSiD���O
t;lslcrcd I'rofessu.artl
SURD
Land Surveyor No. 5895
State of Texas
5O'R/GHT-CIS-WAY _
VOL. 1380, PG. 761
5.28 ACRES ,\
FRANK 61 JOA0U11VA LIRA
VOL. 1896 PG. 328I
GAS LINE EASEMENT
SECTION ,3 3 BLOCK ✓S
DIM NSIaV 6 LOCAr101V
DEFINED 8YOCC/PA77CIN
VCY. 159, PG. 396
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. Record documents other
than those shown on this survey may exist and encumber this
Property.
38.08 ACRES
VITA RAVE
i )pCCF#2007033883
NOTES.
HEAVY LINES INDICATE PLAT LIMITS.
O - SET 1/2" IRON ROD WITH CAP
A - FOUND RAIL ROAD SPIKE
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet 1 of 2
Copyright 2013, Hugo Reed and Associates, Inc, for the sole use ofTitle Co.
for CF # and any other identifiers as indicated in the certificate shown hereon.
BAILEY COUNTY WATER PIPELINE
Parcel No. 45 - Proposed Permanent Easement
PERIMETER SURVEY OF A 0.189 ACRE TRACT LOCATED IN
SECTION 33, BLOCK JS
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.189 acre parcel located in Section 33, Block JS, Lubbock County, Texas, being a portion
of 5.28 acre tract described in Volume 1896, Page 328, Deed Records, Lubbock County, Texas, being further described as follows:
BEGINNING at a rail road spike found (North: 7307805.06', East: 911987.17') at the Northwest corner of said 5.28 acre tract and at the
Northeast corner of a 5.28 acre tract described in County Clerk File Number 2007046834, Official Public Records, Lubbock County,
Texas, and in the South line of a 1.84 acre tract described in Volume 2453, Page 78, Real Property Records, Lubbock County, Texas, and
in the North line of a 50.00 foot right-of-way easement described in Volume 1380, Page 761, Deed Records, Lubbock County, Texas, and
in the South line of a 50.00 foot right-of-way easement described in Volume 1380, Page 754, Deed Records, Lubbock County, Texas,
which bears S. 88°14'45" E a distance of 275.00 feet from a 1/2" iron rod found at the common corner of Sections 33 and 34, Block JS,
and Sections 35 and 36, Block D-5, Lubbock County, Texas, for the Northwest comer of this parcel;
THENCE S. 88014'45" E. along the common line of said Section 33, Block JS, and Section 36, Block D-5, and along the common line of
said 50.00 foot right-of-ways, also being the North line of said 5.28 acre tract described in Volume 1896, Page 328, for a distance of
275.00 feet to a rail road spike found at the Northeast corner of said 5.28 acre tract described in Volume 1896, Page 328, and at the
Northwest corner of a 38.08 acre tract described in County Clerk File Number 2007033883, Official Public Records, Lubbock County,
Texas, and in the South line of a 2.04 acre tract described in County Clerk File Number 2009004343, Official Public Records, Lubbock
County, Texas, for the Northeast comer of this parcel;
THENCE S. 01050'24" W. along the common line of said 5.28 acre tract and said 38.08 acre tract a distance of 30.00 feet to a 1/2" iron rod
with cap set for the Southeast corner of this parcel;
THENCE N. 88014'45" W. a distance of 275.00 feet to a 1/2" iron rod with cap set in the West line of said 5.28 acre tract described in
Volume 1896, Page 328, and in the East line of said 5.28 acre tract described in County Clerk File Number 2007046834, for the Southwest
corner of this parcel;
THENCE N. 01 050'24" E. along the common line of said 5.28 acre tracts a distance of 30.00 feet to Point of Beginning.
Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances and coordinates are Surface,
U. S. Survey Feet. Combined Scale Factor: 1.0002347
A plat of even survey date herewith accompanies this legal description.
Surveyed on the ground
October 23, 2013
OF
J4bJ E. Allen
JOHN' E. ALLEN
Registered Professional
Land Surveyor No. 5895
A" ggg5
State of Texas
suRv �
Sheet 2 of 2
Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co.
for GF # and anv other identifiers as indicated in the certificate shown hgcon