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Home My WebLink AboutResolution - 2009-R0521 - Amended Water Line Easement - Clifford & Clyde Kitten LP - Pipeline Easement - 11/19/2009Resolution No. 2009—RO521 November 19, 2009 Item No, 5_16 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amended Water Line Easement for a pipeline easement interest located on certain property owned by Clifford & Clyde Kitten, L.P, located in Garza County, and all 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 Council. Passed by the City Council this 19th day of ATTEST: City S APPROVED AS TO CONTENT: M /17,4 L .0 4 Marsha Reed, P.E., Chief Operation Officer .Da. -e Z Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: November TOM MARTIN, MAYOR ity Attorney Res.Amendend Water Line Easement -Clifford & Clyde Kitten 11 .6.09 , 2009. Return: West Texas Title, 8001 Quaker Avenue, Suite E, Lubbock, Texas 79424 30911nef 1 003 - Resolution No. 2009-80521 AMENDED WATER LINE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF GARZA THAT CLIFFORD & CLYDE KITTEN, LP, a Texas Limited Partnership as landowner and hereinafter called "Grantors," for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and the further consideration of all sums for the purpose of this grant now due as provided in Memorandum of Agreement dated the 3rd day of April, 1986, as attached to Contract of Sale between BILLY DON HUDDLESTON and Grantee, of record in Volume 179, Page 148, Deed Records of Garza County, Texas, all to Grantors cash in hand paid as in said Memorandum of Agreement provided, by the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, the receipt and sufficiency of all of which is hereby acknowledged and confessed, and the further good and valuable consideration in benefits accruing and to accrue to the remainder of their property, have by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GRANT, BARGAIN, SELL and CONVEY, unto the City of Lubbock, Texas, its legal representatives, successors and assigns, for the use of the said City of Lubbock, Texas, as an underground water pipeline easement upon, along and across, all that property lying and being situated in the County of Garza, State of Texas, and being described as follows, to -wit: The legal description of the parcel of land encumbered by the Underground Water Line Easement granted to the City of Lubbock in Volume 185, Page 548 in the Real Property Records of Garza County, Texas shall be amended as identified on Exhibit A attached hereto and made a part hereof for all purposes; together with the rights of ingress, egress and regress at any and all times, to accomplish the following purposes: entering and placing, constructing, operating, servicing, reconstructing, relocating, removing, repairing, replacing, inspecting, patrolling and maintaining of underground water pipelines, water pipeline appurtenances and accessories located in, on, and under said three tracts of land. Grantors shall not place any such structures or improvements within said easement area as will interfere with Grantee's full use thereof in accordance with the purpose of the grant. This easement includes the right to subsequently add or replace any underground water pipeline, water pipeline appurtenances and accessories necessary to the operation of the primary purpose of the easement, including its relocation at any time within the easement area, and shall further include the right at any time during the life of this easement to remove all timbers, trees, brush, trash, filth, or any other obstructions in whole or in part within the easement area which might endanger or interfere with the Grantee's full enjoyment of the rights granted herein. "Water pipeline appurtenances and accessories," as used in this instrument shall mean all things (other than the water pipeline itself) which are necessary to the efficient construction and maintenance of the water pipeline including, but not limited to, air vent pipes, manholes containing air release valves and manholes for access to the water pipeline. Such water pipeline appurtenances and accessories shall be located at or below ground level except for air vent pipes which may extend above ground level and may be supported by posts for protection against V 0 L 0 3 0 9 P G M livestock. Unless otherwise specifically provided this grant is further made subject to and shall tr always be construed and interpreted as consistent with and as containing all provisions directly 01 or indirectly governing its grant and the respective rights and obligations of both Grantor and L Grantee, relating thereto as contained in the Memorandum of Agreement dated April 3, 1986, and as above described, to which said Memorandum of Agreement reference is here made and its applicable provisions incorporated herein by reference for all purposes. In the event that City, in its discretion, determines to construct the Justiceburg Reservoir as F -i contemplated by the Memorandum of Agreement and does construct such facility, then and only 3 then the City will grant to Grantors one tap to allow use of the raw water in the pipeline(s) for 0 domestic and normal ranching livestock consumption on Grantors' property. No warranty will be 9 given as to the quality or the availability of water from the pipeline(s). Grantors will provide a recording meter at each tap to measure the volume of water taken, which shall be limited to twenty (20) acre feet per year per tap. The city shall have reasonable access to each tap and P meter for the purpose of calibrating the same from time to time. City agrees to indemnify and hold Grantors harmless from any and all claims or liabilities or damages based on the negligence of the City or any of its employees, agents and contractors related in any manner to the City's surveying, feasibility investigations and construction and F operation of the Justiceburg Dam and Reservoir and the easement herein granted. Except as and to the extent inconsistent with the City's use of the easement area for the purposes herein contained, the City agrees to restore promptly any portion of the easement area or of the remainder of Grantor's property not conveyed or to be conveyed in fee to City under the Memorandum of Agreement, disturbed by the City in connection with its use of the easement herein granted or the construction of improvements or facilities related to such easement. Notwithstanding anything to the contrary contained herein, or the Memorandum of Agreement, this conveyance is made and accepted subject to any and all easements, leases, rights-of-way, restrictions, outstanding mineral interests and royalty interests, if any, relating to or affecting the property described herein existing on the date of execution of the Memorandum of Agreement. Notwithstanding anything to the contrary contained herein or in the Memorandum of Agreement, the easement herein granted shall cease and terminate in the event the city elects not to proceed with the construction of the Justiceburg Reservoir Project and cancels its §11.121 Permit No. 4146 under the conditions therefor provided in Section VII of the Memorandum of Agreement. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the City of Lubbock, its successors and assigns, to the uses and under the conditions hereinabove stated forever. As stated above, this document amends the Underground Water Line Easement dated November 16, 1989 and recorded in Volume 185, Page 548, Deed Records of Garza County, Texas, by and between Nonnic Rogers Ward and husband, John Ward, The City of Lubbock. Address of Grantee, City of Lubbock, is: P.O. Box 2000, Lubbock, Texas 79457. P EXECUTED this _ day ofAtC�2,�� , 2009. CCK MANAGEMENT, LLC, General Partner of CLIFFORD & KYLE KITTEN, LP, a Texas Limited Partnership CLYD TTE 74, Manager of CCK MANAGEMENT, LLC THE STATE OF EXAS/I COUNTY OF 2 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared CLYDE T. KITTEN, in his capacity as Manager of CCK MANAGEMENT, LLC, General Partner of CLIFFORD & KYLE KITTEN, LP, a Texas Limited Partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this5- day of.1yel,AW44 , 2009. E=PUBLIC Notary Public, State q#Texas P G 0 Resolution No. 2009—RO521 EXHIBIT "A" 01 Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in the Northeast corner of Section 79, Block 5, N. & G.N. R.R. Survey, Garza County, Texas and said pipeline centerline being described as follows: Beginning at a 1%2" iron rod with cap, set on the East line of said Section 79 for the beginning of this description, from whence the Northeast corner of said Section 79 bears North 1015'11" East, a distance of 9613.81 feet, said point of beginning having a project coordinate of Y = 7084602.05 and X 1185495.07; Thence North 591008'34" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 1941.53 feet to a 1l2" iron rod with cap, set on the North line of Section 79 for the end of this description, from whence the Northeast corner of said Section 79 bears South 88054'21" East, a distance of 1688.08 feet. 4L Containing 117.67 rods. (2.67 acres) The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the accompanying survey plat and said temporary construction easement contains 2.35 acres of land. The said temporary construction easement shall expire as noted in the easement agreement. EXHIBIT 'A' 76 Pape 1 of 2 97 C 11y of Lua?ock Vot. &Z Pg.155 S 88° 54'21" E 5319-0' l ..... ! .. ............... T6 M 0.1/2'' R 60' ACCESS ESMT. TO DAY 117.67 Rods - Permanent Esmt, (2.67 Ac. - Permanent Esmt.) Clifford &- Clyde Kitten Vol, 252 P!7.176 6~ -GT ION 79 DIL,OGK 5 H. I$ G. N. K. K. 5UKVi5,Y GA(ZZA COUNTY, TEXA5 Resolution No. 2009—RO521 8 FD V,- RDD � � J FD,/2" R 0 D vso 19479y/\ :, J 6C! Temporory Const. Esmt. 2.35 AC. 95 1 60 A legal description of even survey date herewitha.�,y. accompanies this sur vey plat. cG d 5 ed on the gr o• M r h -May, 2009 <.q• GARY 10k V401 -sot" R %; egistered P ofessional Land Surveyor �'` Date tom' k All Northings and East,.igs shown are project coordinates and may be converted to Texas State Plane Coordinates. North Cent I7 NaD 3 ra one, 8 by dlviding by a surface adjustment factor of '',0042396 All distances shown cr= surface distances. Bearings shown are grid bearings based on the Texas State Plane Coordinote System, North Central Zone, NAD83 Datum. This survey and all inl.rrnation hereon is for the exclusive use of CITY OF LUBBOCK and shoilnol be copies' or used except for the purpose for which It is expressly furnisht�e, this drawing and allcopies (partiolor compleief shalibe rek=.jned to the owner upon demand. 71 2 ---1"`POSITION OF 1-114 7 -PIPE LOCATED 70 FROM Fp,'/Z" ROLL. P.O. B. Y-7084602.05 X-1185495.07 Co ci :ur) W C11y of Lubbock = Vol. 192 Pg. 155 z 70 i/ AR N W r E S •= Set I/2" iron rod with cap SCALE: 1' = 1000'1 REVISION: IPLAT DATE: 4-9-09 CLIENT: PARKHILL, SMITH & COOPER - C[I Y OF LUBBOCK DRAWN BY: B. BURROW I SURVEY DATE: 4-9-09 SURVEYED BY: J.M. MARTIN I CHECKED BY: G WILSON FILE= PARI -d n FILE NO. ---- - SHEET 1 OF 2 VO-ItOi IN t GPS S+1fit�r�E1WGX_ 3330 70(h ST.•SWT€ 202 - LUBBDCB.TX. 79413 16061 789-0020 • rAX 18063 792-1646 0 3 0 9 P G