HomeMy WebLinkAboutResolution - 2011-R0206 - Underground Utility Easement - NTS Communications Inc. - Lakewood, Meadows - 05/10/2011Resolution No.
May 10, 2011
Item No. 5.6
2011--RO206
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, 5 foot Underground Utility Easements
located at Lot I Lakewood Estates, Lot 30 Meadows South, and Lot 31 Meadows South
to NTS Communications, Inc., 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.
Passed by the City Council on May 10, 2011
TOM MARTIN, MAYOR
ATTEST:
A ID, '-!�<
Rebe ca Garza, City Secret
APPROVED AS TO CONTENT:
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Dave Booher, Right -of -Way A ent
Ma,-�,
Marsha Reed, P.E., Chief Operations Officer
APPRO D S TO FORM:
Chad Weaver, Assistant City Attorney
vw: ccdocslRES.Easement-NTS
February 16, 2011
File and Return to
i,' '• Dave Booher R.O.W. ResoluCion No. 2011-RQ206
City of Lubbock
UNDERGR UND UTILITY EASEMENT -NTS
THE STATE OF TEXAS s
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, herein called "GRANTOR" for and in consideration
of the sum of TEN AND NO/100 ($10.00) DOLLARS, to Grantor in hand paid by NTS
COMMUNICATIONS, INC., ("NTS") of 5307 West Loop 289, Lubbock, Lubbock County,
Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the
further good and valuable consideration in benefits accruing and to accrue to the remainder of
GRANTOR's property, has by these presents GRANTED, BARGAINED, SOLD and
CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto NTS,
its legal representatives, successors and assigns, a perpetual and permanent underground utility
easement, the free and uninterrupted use, liberty of passage in, on, over, upon, along, under and
across all that property lying and being situated in the County of Lubbock, State of Texas, and
being more particularly described as follows:
The south 5 -feet of Lot (1), LAKEWOOD ESTATES, an Addition to the City of
LUBBOCK, LUBBOCK COUNTY, TEXAS, according to the Map, Plat and/or
Dedication Deed thereof recorded in Volume 8629, Page 57 of the Official Public
Records of Lubbock County, Texas.
The south 5 -feet of Lot (30), MEADOWS SOUTH, an Addition to the City of
LUBBOCK, LUBBOCK COUNTY, TEXAS, according to the Map, Plat and/or
Dedication Deed thereof recorded in Volume 5838, Page 285 corrected in Volume 5891
Page 94 of the Official Public Records of Lubbock County, Texas.
The south 5 -feet of Lot (31), MEADOWS SOUTH, an Addition to the City of
LUBBOCK, LUBBOCK COUNTY, TEXAS, according to the Map, Plat and/or
Dedication Deed thereof recorded in Volume 5838, Page 285 corrected in Volume 5891
Page 94 of the Official Public Records of Lubbock County, Texas.
Together with the rights of ingress, egress and regress at any and all times to accomplish
the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and
perpetually maintaining a fiber optic line and related equipment, which easement includes at all
times and seasons the right of ingress, egress and regress of personnel engaged either in such
construction, reconstruction and repair.
In order to assure NTS, its successors and assigns of continuing access and enjoyment of
said easement, the said GRANTOR does hereby expressly agree not to erect, build or otherwise
allow to be constructed any building or like permanent structure over the said property heretofore
described, and should such building or structure be erected, it is understood that the said NTS
shall have the right to remove said building or structure from the premises. In the event NTS is
forced to remove or seek removal of the building or structure from the premises, NTS shall have
the right to seek just and equitable compensation from GRANTOR.
TO HAVE AND TO HOLD the above described premises together with all and singular
the rights and appurtenances thereto in anywise belonging perpetually unto NTS, its successors
and assigns.
WITNESS THE EXECUTION OF THIS INSTRUMENT this loth day of
May , 2011.
GRANTOR:
CITY OF LUBBOCK
By: l0&
---
TOM MARTIN, MAYOR
A D
n m
Uf
ATTEST:
RebeA Garza, City Secretary
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
Marsha Reed, P.E., Chief Oper tions Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
The foregoing instrument was acknowledged before me on the day of
'2011, by TOM MARTIN, Mayor of City of Lubbock.
Notary Public, State of Texas
ELISA SMCH€Z Printed Name: G IiS� SA -Kt -k c z
Notary Public, State of Texas Commission Expires: It -0 `t - a-01 !
w My Carrni55+on 1 xpues 1107 2011
Chad/Easements/UUE-COL and NTS
February 15, 2011
UNDERGROUND UTILITY EASEMENT
CITY OF LUBBOCK to NTS
Resolution No, 2011-80206
• Proposed 51 wide Underground Utility Easements
for NTS Communications
Located in Lot 1, Lakewood Estates Addition,
and Lots 30 & 31, Meadows South Addition
in LA 1,
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Legend
Proposed ITE
City Property
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Survey Feet
ORIGINAL
EASEMENT
FILED
IN GIS
SUSAN NAGI ARA
PER DAVE BOOHER - 8.1.11