HomeMy WebLinkAboutResolution - 2011-R0537 - Underground Utility Easement - Cebridge Acquisition - 12/01/2011Resolution No. 2011-RO537
December 1, 2011
Item No. 5.6
RESOLUTION
3E 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, Underground Utility Easement located
)n Lots 487, 488 and 497 Meadows South Addition, to Cebridge Acquisition d/b/a
5uddenlink Communications, and related documents. Said easement is attached hereto
tnd 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
December 1, 2011
TO MARTIN, MAYOR
ATTEST:
Rebecm Garza, City Secret
APPROVED AS TO CONTENT:
0 G '&
Dave Booher, Right -of -Way Agent
/ I & ( of/
Marsha Reed, P.E., Chief Operatio s Officer
APP O ED S TO FORM:
Chad Weaver, Assistant City Attorney
vw: ecdocs/RES. Easement -S udder i ink
November 7, 2011
i
File and Return to Resolution No. 2011-RO537
Dave Booher R.Q.W.
City of Lubbock
UNDERGROUND UTILITY EASEMENT,CEBRIDGE AC UISTION D/B/A
SUDDENLINK COMMUNICATIONS
—
THE STATE OF TEXAS §
—
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 CEBRIDGE
ACQUISTION D/B/A SUDDENLINK COMMUNICATIONS, of 6710 Hartford Avenue,
Lubbock, Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged
N m
35
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 SUDDENLINK, its legal representatives, successors and assigns, a
perpetual and permanent underground utility easement, the free and uninterrupted use, liberty of
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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 (487), 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 (488), 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 (497), 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 communication 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 SUDDENLINK, 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 SUDDENLINK shall have the right to remove said building or structure from the
premises. In the event SUDDENLINK is forced to remove or seek removal of the building or
structure from the premises, SUDDENLINK 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 SUDDENLINK, its
successors and assigns.
WITNESS THE EXECUTION OF THIS INSTRUMENT this
December . 2011.
GRANTOR:
CITY OF LUBBOCK
By:��-�
OM MARTIN, MAYOR
1st day of
ATTEST:
Rebecc iarza, City Secretary
APPROVED AS TO CONTENT:
L;�� xaw�
Dave Booher, Right -of -Way Agent
M 42---(A X OL - & Q (j
arsha Reed, P.E., Chief Operations 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
b2('tn. -',,-t,r- , 2011, by TOM MARTIN, Mayor of City of Lubbock.
(9:ELISA SANCHEZ
Nc,wy Pow so 01 Texas
1MyWM*0ME0W11V7-20151
b� &m-� -
Notary Public, State of Texas
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Printed Name: 0(50,- ScLix ch f 2
Commission Expires: I ( - y -i -amt V
FILED AND RECORDED
December 06, 2011 02:39:29 P11
FEE: $20.00
Chad/EasementslUUE-COL, and Suddenlink
November 4, 201 1
7011@42455
UNDERGROUND UTILITY EASEMENT
CITY OF LUBBOCK to SUDDEN LINK
y.
OFFICIAL PUBLIC RECORDS
Kelly Pinion, County Clerk
Lubbock County TEXAS
December 06, 2011 02:39:29 P11
FEE: $20.00
Chad/EasementslUUE-COL, and Suddenlink
November 4, 201 1
7011@42455
UNDERGROUND UTILITY EASEMENT
CITY OF LUBBOCK to SUDDEN LINK