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HomeMy WebLinkAboutResolution - 2013-R0374 - Accept Easement - 11/07/2013RESOLUTION 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 23, Block E, 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 the consideration for the Easement shall be $5,388.00 and that closing costs shall also be paid in connection with the purchase of the property, said payments approved herein. Passed by the City Council on November 7, 2013 GLEPK. ROBERTSON, MAYOR ATTEST: Retie a Garza, City Secreta APPROVED AS TO CO TENT: R. Keith Smith, P.E., Director of Public Works Dave Booher, Right -of -Way Agent r Chad Weaver, Assistant City Attorney vw:ccdocs/RES. Easement -Stanford October 10, 2013 Resolution No. 2013-R0374 IIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III IIII EASE 2015004160 RETURN: WEST TEXAS TITLE COMPANY 9 PGS FILE NO. 9 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § Stanley W. Stanford, an unmarried man, hereinafter referred to as GRANTOR, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13a' 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 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 I 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. 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 save and except those described on the attached Exhibit B. Grantor shall provide to Grantee an executed release from any lien holder, tenant, lessee, or other party having an interest in the Lands other than those on the attached Exhibit B. 12. Subject to Section 11 hereinabove, 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" 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. 14. 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. 15. 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. 16. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 17. 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. 18. 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. Pipeline Easement Agreement 3 19. 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. 20. 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. 21. Grantee shall have the right to approve the location and means of future third -parry 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. 22. This instrument may be executed in multiple counterparts and the signature pages and acknowledgment pages combined to form one document for recording purposes.. 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. Pipeline Easement Agreement 4 EXECUTED this day of 2015 ("Effective Date"). GRANTOR: GRANTEE: The City of Lubbock, Texas B: Y Name: (;(en ATTEST: h J -A -.4 � - ,V/ Rebe r a Garza, City Secret APPROVED AS TO CONTENT: APPROVED Ryan Pipeline Eazement Agreement THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Stanley W. Stanford, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Y) GIVEN UNDER MY HAND AND SEAL OF CfFICE thi day of January, 2015. NANCY FLOYD Notary Pub5l, State of Texas MyCommissian Expires 08.24.2018 Y STATE OF TEXAS COUNTY OF LUBBOCK My Commission Expires: This instrument was acknowledged before me on _F"v-yAnj q 44' 2015, by GLEN ROBERTSON on behalf of the City of Lubbock, Texas, a Texas H e Rule Corporation on behalf of said Texas Home Rule Corporation. ` CELIA WEBB Nolary Public, Sate of Texas MyCanmissionExpkesMl-2018 Pipeline Easement Agreement NotaryPublic, State of TeK4S (tel, a W"-6 Printed Name of Notary My commission expires: 03-01-2.01$ EXHIBIT "A" ® South Lubbock Sanitary Sewer Extension Parcel No. 21 N PERIMETER SURVEY OF A 0.867 ACRE TRACT LOCATED IN SCALE: t"=125' SECTION 23, BLOCK E LUBBOCK COUNTY, TEXAS Maxmen76eos N, 8@'53'0/"W. V =r31Z of 1.15 hon pace/ carxs- Line Table Line N Length Direction Ll 576.29' NOl° 44'32"E L2 60.00' S88e 53'OVE L3 630.10' S01045'40"W L4 60.00' N88° 54'32"W L5 53.84' 1 N01°57'51"E POINT OF BEGINNING 13.33Acros porn: boar' fare W 136NM Moamrm/ bent V. 885492"W. o ds/core of /.05' frau pore/ a Bearings are relative to the Texas State Plane Coordinate System, North Central Zone, CORS 96, Epoch 2002.0 Distances are surface, U.S. Survey feet Combined Scale Factor: 1.00024 Surveyed on the ground. May 8, 2012 /� tI 1. IL 1bE.Allen Registered Professional Land Surveyor No. 5895 State of Texas Maamen7 bco'a N, 88'53'01'W. a dslasce 171.15 ham puce/ amort Cox. VXAVAr. h7o FoTW hears, N. 885432"W. of /.0.5' ham pace/ cmxs- 4.A7A©rs par .Loan Mriko W. cavi Fts /ae RASTCYJUNTYROAD 7130 60'N.yi,-a/-uq[mnw,r p <wnv Cory w +rzh ni TITLE COMMITNIENTNOTE: Easement information shown on this survey was taken from title commitment provided by Wes Texas Title Company, Title Policy No. 33370 with an issue date of June 22. 2012. Record mr,such done by this surveyor was made only for the purpose of determining the boundary ofthis property and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. Schedule 93* Items; a, h, i, j and k have been noted or shown hercon as to the extent they encumber the property. Surveyor expresses no opinion regarding the condition or sufficiency of the remaining items listed in the commitment and this is beyond the scope of Surveyors services an"r certification. EASEMENT NOTFS: This parcel may be subject to a Right -of -Way easement granted to South Plains Pipe Line, Co. as described in Volume 124, Page 587, Decd Records, Lubbock County, Team, the exam location ofthis easement could not be determined by record description. This parcel may be subject to a Right -of -Way easement granted to J.C. Davis as described in Volume 573, Page 351, Deed Records, Lubbock County, Texas, the exact are and location of this easement could not be determined by record description. This Surveyor is unable to locate casements or claims of easements which are not recorded in The Public Records of Lubbock County, any such easements which may exist and encumber this property have not been shown hereon. NOTES: HEAVY LINES INDICATE PLAT LIMITS. �- FOUND 3/4" IRON PIPE ®- FOUND 318" IRON ROD o- FOUND 1/2" IRON ROD ®- FOUND 1/2" IRON PIPE A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2 South Lubbock Sanitary Sewer Extension Parcel No. 21 PERIMETER SURVEY OF A 0.867 ACRE TRACT LOCATED IN SECTION 23, BLOCK E LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.867 acre parcel located in Section 23, Block E, Lubbock County, Texas, being a portion of a 4.725 acre tract described in County Clerk File Number 20100038450, Official Public Records, Lubbock County, Texas, and being further described as follows: BEGINNING at a 3/4" iron pipe found at the Northeast comer of the Southwest Quarter of Section 7, Block E, Lubbock County, Texas, and in the common line of Sections 7 and 23, Block E, Lubbock County, Texas, also being the common West line of said 4.725 acre tract and a 60 foot Lubbock County right-of-way as monumented on the ground; THENCE N. 01044'32" W. along said common Section line, said common West line of a 4.725 acre tract and 60 foot Lubbock County right-of-way, also being the East line of a 53.33 acre tract as described in Volume 7532, Page 268, Official Public Records, Lubbock County, Texas, a distance of 576.29 feet to a point at the Northwest comer of said 4.725 acre tract, also being in the South line of a 60 foot Lubbock County right-of-way easement as described in Volume 1252, Page 171, Deed Records, Lubbock County, Texas, for the Northwest comer of this parcel which bears S. 88°53'01" E. a distance of 1.15 feet from a 3/8" iron rod found; THENCE S. 88053'01" E. along the North line of said 4.725 acre tract and the South line of said Lubbock County right-of-way easement, at 58.85 feet pass a 3/8" iron rod found, continuing for a total distance of 60.00 feet to a point in the East line of said 60 foot right-of-way for the Northeast comer of this parcel; THENCE S. 01 045'40" W. along said 60 foot right-of-way a distance of 630.10 feet to a point in the common line of said 4.725 acre tract and a 4.00 acre tract as described in Volume 6492, Page 124, Real Property Records, Lubbock County, Texas, for the Southeast comer of this parcel; THENCE N. 88054'32" W. along the common line of said 4.725 acre and 4.00 acre tracts, at a distance of 1.05 feet pass a 1/2" iron pipe found, continuing for a total distance of 60.00 feet to a point in said common Section line and in the East line of a 13.33 acre tract as described in Volume 5291, Page 38, Real Property Records, Lubbock County, Texas, for the Southwest corner of this parcel which bears S. 88°54'32" E. a distance of 1.05 feet from a 1/2" iron rod found; THENCE N. 01 °57'51" E. along the said common line of Sections 7 and 23, Block E, Lubbock County, Texas, and the common line of said 4.725 acre and 13.33 acre tracts a distance of 53.84 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.00024 A plat of even survey date herewith accompanies this legal description Surveyed on the ground May 8, 2012 4 4C . 0-0,o E. Allen egistered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of ..]FtHUGD REED AND ASSOCIATES. INC. D SURVEYORS 1601 AVENUE N LENGINEERS LUBBOCK, TEXAS 79401 �seo wrtverwe viwt tmsraao PHONE: 806/763-5642 MGLSIE"EG Er+caWBIV G riwe r -M FAX: 806 / 7633&97 ght 2013. Hugo Reed and Aham Inc. for the We use of Title Co. Of end any other identifiers u indiwtcd in the certificate shown hereon. EXHIBIT "B" Deed of trust dated November 15, 2010, executed by Stanley W. Stanford to Brad Burgess, Trustee, securing payment of one note of even date therewith in the original principal sum of $119,000.00 payable to the order of FirstCapital Bank of Texas, N.A. as recorded under Instrument #2010038451, of the Official Public Records of Lubbock County, Texas. i FILED AND RECORDED February 10, 2015 01:55:24 PM 2015004160 FEE: $58.00 OFFICIfiL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS February 10, 2015 01:55:24 PM 2015004160 FEE: $58.00