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HomeMy WebLinkAboutResolution - 2013-R0396 - Accept Easement - 11/21/2013RESOLUTION 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 $4,301.00 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 ATTEST: Novembe 21, 2013 0 4- --5K- Rebec Garza, City Secretary Karen Gibson, Mayor Pro Tem APPROVED A T CO TENT: R. Keith Smith, P.E., Director of Public Works ,L1 Gimme. Z?02'4 Dave Booher, Right -of -Way Agent APPR D S TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Easement-Refuge Services October 30, 2013 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK § REFUGE SERVICES, INC., a Texas non-profit corporation, hereinafter referred to as GRANTOR, 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 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, 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. 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" 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 -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. 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. �h EXECUTED this Lday of - _ _AAO 2013 ("Effective Date"). Pipeline Easement Agreement 4 [ti:7VYETiT;ii REFUGE SERVICES, INC. C 6� ; s /94 545# 96 5MWTAN-9 , i• THE STATE OF TEXAS COUNTY OF LL BEFORE ME, the undersigned authorit a Notary Public in and for said County, Texas, on this day personally appeared �dSo v% K . -&L& �L , 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 and as the act and deed of REFUGE SERVICES, INC. p 'y nn__'' GC�IVEN UNDER MY HAND AND SEAL OF OFFICE this 11 1T�day of (� +0)%1t1r , 2013. DEBORA G. RICE 0' ,t��'' s Notary Public. State of Texas Notary Public in and for the State of Texas i;" My Commission Expires 'q!o^N� Apfll 27, 2016 My Commission Expires: GRANTEE: The City of Lubbock Name: Karen Gibson Title: Mayor Pro Tem ATTEST: Reb cca Garza, City-S-e'critakj Pipeline Easement Agreement APPROVED AS TO CONTENT: —,J2. d„ -J STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on I STATE OF TEXAS COUNTY OF LUBBOCK Notary Public, State of Texas Printed Name of Notary My commission expires: 2013, by This instrument was acknowledged before me on D>rVb(g V,J, 2013, by Karen Gibson —'T on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. 1 t 1 MAGEN D. MURC"'ON Notary Pubic, Siete of Texas toyCommissiai Expires 04-032017 Printed Name of Notary My commission expires: Pipeline Easement Agreement 6 I ® South Lubbock Sanitary Sewer Extension Parcel No. 20 N PERIMETER SURVEY OF A 1.735 ACRE TRACT LOCATED IN SCALE: 1"-150' SECTION 23, BLOCK E LUBBOCK COUNTY, TEXAS ., ST( r)UNTY Ro. 10 7110 a POINT OF BEGINNING .. Line Table Line# Length Direction LI 60.00' S880 51'09"E L2 1259.96' SOl° 44' 32"W L3 60.00' N880 511091-W L4 1259.96' N01°44'32"E yhp UJ�ry bco eti 8 �ut,U 0 NOTES: HEAVY LINES INDICATE PLAT LIMITS. ®- FOUND 318" IRON ROD O- SET 12" IRON ROD WITH CAP Alegal description of even survey date herewith accompanies this plat of survey. 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. July 10, 2012 john Allen cgtstctercd Professional Land Surveyor No. 5895 State of Texas SET WITNESS MONUMENT N. 88°51'09" W. A DISTANCE OF 1.00 FOOT FROM CORNER LOCATION ROAD 7/30 v m L, * carry 171 Sheet I of 2 South Lubbock Sanitary Sewer Extension Parcel No. 20 PERIMETER SURVEY OF A 1.735 ACRE TRACT LOCATED IN SECTION 23, BLOCK E LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.735 acre parcel located in Section 23, Block E, Lubbock County, Texas, being a portion of a 19.504 acre tract described in County Clerk File Number 2006043031, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the common line of Sections 7 and 23, Block E, Lubbock County, Texas, and being in the East line of a 106.66 acre tract described in County Clerk File Number 2007022714, Official Public Records, Lubbock County, Texas, and being in the West line of a 60 foot Lubbock County right-of-way as monumented and for the Northwest comer of said 19.504 acre tract which bears S. 01 °44'32" W. a distance of 744.93 feet from a pk nail with shiner found for the Northeast comer of Section 7, Block E, Lubbock County, Texas, for the Northwest corner of this parcel; THENCE S. 88°51'09" E. along the North line of said 19.504 acre tract, at 58.88 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. 01044'32" W. along said 60 foot right-of-way a distance of 1259.96 feet to a point in the South line of said 19.504 acre tract and in the North line of a 60 foot Lubbock County right-of-way easement described in Volume 1252, Page 171, Deed Records, Lubbock County, Texas, for the Southeast comer of this parcel; THENCE N. 88051'09" E. along the South line of said 19.504 acre tract and the North line of said 60 foot right-of-way easement, at 1.00 foot pass a 1/2" iron rod with cap set in reference, continuing for a total distance of 60.00 feet to a 1/2" iron rod set in the said common line of Sections 7 and 23, Block E, also being the East line of a 53.33 acre tract described in Volume 7532, Page 268, Official Public Records, Lubbock County, Texas, for the Southwest corner of said 19.504 acre tract and for the Southwest comer of this parcel; THENCE N. 01 044'32" E. along said common line of Sections 7 and 23, Block E, and the East line of said 53.33 acre tract and the West line of said 19.504 acre tract, at 243.74 feet pass a 1/2" iron rod with cap set for the Northeast comer of said 53.33 acre tract and the Southeast comer of said 106.66 acre tract, continuing along said common line of Sections 7 and 23, Block E, and the West line of said 19.504 acre tract and the East line of said 106.66 acre tract for a total distance of 1259.96 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 July 10, 2012 kE.oa- o n E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2