HomeMy WebLinkAboutResolution - 2013-R0445 - Accept Easement - Well Field Supply Line Project - 12/19/2013Resohrti<m-No:-2^3-R044S
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 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 $250.00 and that closing costs
shall also be paid in connection with the acquisition of the Easement,said payments
approved herein.
Passed bytheCity Council on December 19,2013
GLEN C.ROBERTSON,MAYOR
ATTEST:
Rebecjca Garza,City Secretary
APPROVED AS TO CONTENT
ft.Ibed/
R.Keith Smith,P.E.,Director of Public Works
,>Q^C /%j7r£-*^
Dave Booher,Right-of-Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwccdocs/RES.Easement-Roash
November 22,2013
Resolution No. 2013-R0445
December 19, 2013
Item No. 5.11
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF LUBBOCK §
Mark L. Roush, hereinafter referred to as Grantor, with street address of 6210 North CR
6100, Shallowater, Texas 79363, for a valuable consideration, to it paid by The City of Lubbock,
Texas (the "Grantee") with offices at 1625 13th Street, Lubbock, Texas 79401, the receipt and
sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto
Grantee the following described perpetual exclusive easement, 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.
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
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 3
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
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.
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 o. f the Parties on Next Page ]
Pipeline Easement Agreement 5
EXECUTED this 10%.day of ( cJQ)' , f , 2013 ("Effective Date").
GRANTOR:
�tzs
MARWC ROUSH
GRANTEE:
The City of Lubboc
By: AV
Name: Glen C. Robertson
Title: Mayor
ATTEST:
Rebe La Garza, City Secreta
[Acknowledgements of the Parties on Next Page)
APPROVED AS TO CONTENT:
k /L-/JI,
APPROVED
Ryan J.
Pipeline Easement Agreement 6
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on A-k-'bei 30"', 2013, by MARK
L. ROUSH.
Anita A Coming
+4` � • My commissioh Expires
\ 12/14/2015
O
STATE OF TEXAS
COUNTY OF LUBBOCK
Lt a_ "
Notary Pil lic, State of Texas
1� r-'Vo— JR. Coy n "1
Printed Name of Notary
My commission expires: 1z I /Itt 2,0
This instrument was acknowledged before me on .26, 2013, by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of
said Texas Home Rule Corporation.
GCELIA WEBB
Notary Public, State of Texas
y Commission Expires HI.2014
Pipeline Easement Agreement
Notary ublic State of
&/Ia �IleJob
Printed Name of Notary
My commission expires: 03- 01• 20 !*/-
Exhibit A
Legal Description of the Perpetual Exclusive Easement
Pipeline Easement Agreement
BAILEY COUNTY WATER PIPELINE
Parcel No. 59 - Permanent Easement
PERIMETER SURVEY OF A 0.151 ACRE TRACT LOCATED IN
SECTION 33, BLOCK JS
LUBBOCK COUNTY, TEXAS
SCALE: 1 "-50'
I /0.263 AL)RE TRACT
BR FARMS
CCF#2012014072
L2
I �
1 =
�I
Line Table
Line #
Direction
Length
L1
NOV 50' 24"E
131.13'
L2
S881 14' ITT
50.00'
L3
S01" 50' 24"W
1 31.13'
L4
N88° 14' 17"W
50.00'
POINT OF BEGINNING
E/2 OF THE NE/4
SEC TICVV 34, BLOCK ✓S
✓AY STAN TLIN
Va. 920; PG. 255
Q a- m
I Q (o v
z
400 ACRE TRACT
1 / MARK ROUSH
CCFAF012014077
40'R/GHT - Lie'- WAY
HX.. 1467 PG. 432
O
- -- — —� = f--�--
/CD
O
---_-
�94.S
CHARLES Y SAWYERVG0..
IS5�7R
587
a.
a0Ux~ACRACE
` it
0
IIC00VTlCa11ERS z
LYWT MMITES
APIRIL /2, 1976
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: 1.0002347
Surveyed on the ground.
October 11, 2013
.a�.E, .
oh E. Allen
• istered Professional
Land Surveyor No. 5895
State of Texas
OF T;y
�7 p1sTF� �!
4�' d
JOHN E. ALLEN
)r`��6Q!��1
0
GAS LAVE £AS£AENT
&ECTAa'V 33, BLOCK ✓5
DAIEA(SCW a LOCATAN
D&IMD BY OCCLPA TAW
IKY. 159, fG. 396
/0.263 ACRE TRACT
BR FARMS
CCF#2012014072
3/7.8 ACRES
GEORGE HAROBERGER
CCF#2009045752
NOTES:
HEAV)' LINES INDICATE PLAT LIMITS,
O- FOUND 1/2" IRON ROD WITII CAP
O- FOUND I" IRON PIPE:
O- FOUND 1/2" IRON ROD
A legal description of even survey date
herewith accompanies this plat of survey.
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.
Sheet 1 of 2
IARHUGO REED
AND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM IOD676-00 PHONE: 806 / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
Copyright 2013. Hugo Reed and Associates, Inc for the sole use of Title Co
for GF 4 and anv other identifiers as indicated in the certificate shown hereon.
BAILEY COUNTY WATER PIPELINE
Parcel No. 59 - Permanent Easement
PERIMETER SURVEY OF A 0.151 ACRE TRACT LOCATED IN
SECTION 33, BLOCK JS
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.151 acre parcel located in Section 33, Block JS, Lubbock County, Texas, being a portion
of 1.00 acre tract described in County Clerk File Number 2012014077, Official Public Records, Lubbock County, Texas, being further
described as follows:
BEGINNING at a 1/2" iron rod with cap found (North: 7305229.53', East: 911629.29') in common line of Sections 33 and 34, Block JS,
Lubbock County, Texas, and in the East line of the East half of the Northeast quarter of said Section 34, Block JS, described in Volume
920, Page 255, Deed Records, Lubbock County, Texas, and in the Fast line of a 20.00 foot gas line easement described in Volume 1193,
Page 3, Deed Records, Lubbock County, Texas, and in the West line of a 50.00 foot private access easement described in Volume 1681.
Page 168, Deed Records, Lubbock County, Texas, and in the West line of a 10.00 foot gas line casement described in Volume 1193, Page
1, Deed Records, Lubbock County, Texas, and at the a corner of a 10.263 acre tract described in County Clerk File Number 2012014072,
Official Public Records, Lubbock County, Texas, and at the Southwest corner of said 1.00 acre tract which bears N. 01 "50'24" E. a
distance of 2585.28 feet from a 1/2" iron rod found at the Northwest corner of said Section 33, Block JS, for the Southwest comer of this
parcel;
THENCE N. 01 "50'24" E. along said common line of said Sections 33 and 34, Block JS, and the East line of said East half of the
Northeast quarter of Section 34, Block JS, and along the West line of said 1.00 acre tract and along the common line of said 10.00 foot and
20.00 foot gas line casements and along the West line of said 50.00 private access easement a distance of 131.13 feet to a point which
bears S. 01 "50'24" W. a distance of 9.79 feet from a 1/2" iron rod with cap found at the Northwest corner of said 1.00 acre tract, for the
Northwest corner of this parcel;
THENCE S. 88014'17" E. parallel with the North line of said 1.00 acre tract at 10.00 feet pass the East line of said 10.00 gas line casement,
continuing for a total distance of 50.00 feet to a point in the East line of said 50.00 private access casement, which bears S. 01 "50'24" W. a
distance of 9.79 feet from a 1/2" iron rod with cap found at the Northeast corner of said 1.00 acre tract, for the Northeast comer of this
parcel;
'I'IIENCE S. 01050'24" W. along the East line of said 50.00 private access casement a distance of 131.13 feet to a 1/2" iron rod with cap
found in the South line of said 1.00 acre tract and in the North line of said 10.263 acre tract, for the Southeast corner ol'this parcel;
THENCE N. 88012'35" W. along the common line of said 1.00 acre and 10.263 acre tracts at 40.00 feet pass the East line of said 10.00
foot gas line easement, continuing for a total distance of 50.00 feet to the Point of Beginning.
Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central 'Lone. 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 �l I , 2013 rrNE.
n E. Allen Registered Professional,1_and Surveyor No. 5895State of Texas /�
Sheet 2 of 2
Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co.
for GF # and any other identifiers as indicated in the certificate shown hereon