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Home My WebLink AboutResolution - 052556B - Telephone Line Use Agreement - Southwestern Bell Telephone Co - Country Club Add - 05_25_1956 a A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO SOUTHWESTERN BELL TELEPHONE' COWANY, A TELEPHONE,LINE USE AGREEMENT ON BEHALF OF THE CITY 1-2OF LUBBOCK, ACTING JOINT$ WITH THE GK TY OF LUBBOCK, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS; SUCH AGRE1;�`SWT TO COVEsR THE. LANDS DESCRIBED BY TM' ES AND BOLNDS IN THf", BODY OF THIS RESOLUTION. WHEREAS, the City of Lubbock, a Home Rule Municipal Corporation, and the County of Lubbock, a political subdivision of the State of Texas, -awn in fee simple all of Block 3, Country Club Addition to the City of Lubbock, Texas; and, WHEREAS, the Southwestern Bell Telephone Company, a corporation, has made known and expressed its desire to maintain an overhead telephone cable across the premises as hereinafter more particularly described; and, WHEREAS, the City!of Lubbock and the County of Lubbock, joint owners of said Block 3, anticipate and propose to construct a City-County Health building and maintain such premises for that purpose, and the telephone cable . , is a utility which can and will be used for the convenience and benefit of the owners of such premises in the use thereof as anticipated; NOW, THEREFORE, BE IT RESOLVED BY THF, CITY CONaSSION OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE, and he is hereby authorized and directed to execute jointly with the proper officer designated by the County of Lubbock, Texas, an agreement permitting the Southwestern Bell Telephone Company the use and continued use of the lands hereinafter more '' paricularly described for the purpose of maintaining a pole line and overhead telephone cables with the rights of ingress and egress over and across the lands as hereinafter described for the purpose of repairing and maintaining such pole line and overhead telephone cables and to do through its officers, employees and agents whatsoever may be: necessary in the maintenance and repair of such cables on condition that said telephone company maintain at its cost and expense said cables at a height 18 feet above the ground as jointly agreed upon and requested by the City of Lubbock and the County of Lubbock. Such rights of egress and ingress to continue so long as such premise.s. are used and occupied by the Southwestern Bell Telephone Company, and subject to the condition above stated. Such premises to be used and occupied under this agreement by the telephone company are described as follows; BEGINNING at the Northwest corner of Lot 13, Block 3 Country Club Addition to the City of Lubbock, as recorded in Volume 155, page 247 of the Deed Records of Lubbock County, Texas; THENCE North a distance of 15 feet to &, point in the South property line of Lot 12, Block 3, Country Club Addition; bc-;Zss- &d, THENCE East along the South property lines of hots 12 through 5 a distance of 386.72 feet to a point in the West right-of-way line of N. E. Avenue Q; THENCE 17.38 feet in a Southwesterly direction along the West right-of-way line of N. E. Avenue Q to a point on the North property line of Lot 20, Block 3, Country Club Addition; THENCE West along the North property lines of Lots 20 through 13, Block 3, Country., Club 'Addition, a distance of 377.94 feet to the POINT OF BEGINNING. Passed by the Commission this 2 !._,day of 1,121, _, 1956. S. S. FORR-PST, JR., Mayor ATTESTS City Attorney r / Iave ia' Lowe, City Secretary-Treasurer FOS:pdr 0r*2rV6(40D CITY OF LUBBOCK Mid WNDDM,Inter Office TO: Mr. John Hiekerson., City Engimer Date May 15, 1956 FROM: Fred 0. Senter, Assistant City Attorney SUB,=,. Soutbweatern Bell Telephone Company Basement and Resolution for Block 3, Country Club Addition As you requested in your Memo date 5/15/56, we have checked the easement as revised by the Telephone Company. The most pertinent ehange which was made by the revision is found in the first paragraph immediately following the description on page 2 which provides that the "said cables at a height of IS feet above the ground" is different from that in the original easement as drawn: by this office. I gather from the conversa:ti6p that I had with you that this provision with respeet to the 18 foot height ha*.in'g been discussed with the architect and the state engineer, is satisfactory. I have redrawn the Resolution to make it correspond with the easement and I am now returning to roux herevithj, both instruments, Fred 0. Senter Assistant City Attorney FOSspdr a THE STATE OF TEXAS COUNTY OF LUBBOCK e WHEREAS, the City of Lubbock, a dome Rule Municipal Corporation, and the County of Lubbock, a political subdivision of the State of Texas, own ini fee simple all of block 3, Country Club Addition to the City of Lubbock, Texas; and, WWREAS, the Southwestern Bell Telephone Company, a corporation, has made known and expressed its desire to maintain a pole line and overhead tele- phone cables across the prvwlses as hereinafter more particularly described; and# WWREAS, the City of Lubbock and the County of Lock, ,point ow ers of said Block 3, anticipate and propose to construct a City-County Health building, and maintain such promises for that purpose, and the pole line and overhead telephone cables constitute a utility which can and will le used for the conves}- ience and benefit of the owners of such premises in the use thereof as anticipated; NOO THEREFORE, IQW ALL MEN BY THESE PRESENTS: That the City of Lubbock and the County of Lubbock, acting heroin by and through its mayor and County Judge, respectively, as heretofore duly authorized, hereby agree with the Southwestern Bell Telephone Company, for and in consideration of the premises, to permit tbo said Southwestern Hell Telephone Company, to use and continue the use of the loads hereinafter mare particularly described for the purpose of maintaining a pole line and overhead telephone cables with the rights of ingress and egress over aM across such lands for the purpose of repairing and maintaining such pole line and overhosd telephone cables and to do through its officers, employees and agents whatsoever style necessary in the maintenance and repair of such pole line and overhead cables for such period of time as such use may be necessary and convenient for said telephone company, it being understood that such premises to be used and occupied under this agreement by the said telephone company are described as foilewsn DEGIMNING at the Northwest corner of Lot 131, Block 3, Country club Addition to the City of Lubbock, as recorded in Volume 153, page 2470 of the Deed Records of Lubbock County, Texas; THE M Borth a distance of 15 feet to a point in the South property line of Lot 12, Block 3, Country Club Addition; oswis&� -2- T}EWZ East along the South property lines of Lots 12 through 5 a distance of 396.72 feet to a point in the West right of way line of N.E. Av+emm Q1 T}EIiCE 17.38 feet in the Southwesterly direction along the west right of way line of X.E. Avenue Q to a point on the North property line of Lot 20, Black 3, Country Club Addition; TFBICE West along the north property lures of Lots 20 through 13, Block 39, Country Club Addition, a distance of 377.94 feet to the PO INC OF K1 G DOI DIG, It is expressly understood and stipulated that this permission to use said above promises is subject to the condition that said Southwestern Boll Telephone Company will maintain at its cost and expense, said cables at a height 18 feet above the ground as ,jointly agreed upon and r*"sted by the City of Lubbock and the County of Lubbock. It is further understood and stipulated that should future buildings extensions aocessttato the closing of the existing dedicated alley on which said pole line and cables are now situated, the City of Lubbock and County of Lubbock shall provide Southwestern Bell Telephone Coupany with a pezmarnent easement, five frown structwnl and fire hazards, for continued use, operation, and maintenance of its lines upon and across the property herein described. IN Wr MIESS WMFEOF, the City of Lubbock has caused its corporate name to be hereunto subscribed by its Mayor and its duly attested corporate seal to be hereunto affixed by its Secretary-Treasurer, and the County of Lubbock, a political subdivision of the State of Texas, has caused its name to be hereunto subscribed by its County Judge and duly attested by the Count Clerk of Lubbock County, Texas, all in the City of Lubbock, Texas, this the 2 t h day of Meg , 1956. CITY OF By l' Attestt S.S. Forrest, Mayor Lavenia Lowe, City cretary- G,y Treasurer COUNTY OF LUBBOCK By Attests Dudley Brummett, County Judge .✓ Louie,F. Moore, County Clerk -3_ TH'E STATE OF TEXAS t t COUNTY OF LUBBOCK t BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared S.S. FORREST, known to me to be the person whose naste is subscribed to the foregoing instrument and acknow- ledged to sue that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, aaud in the capacity therein stated. GIVEN €S1DER MY HAND AND SEAL OF OFFICE, this 25 t h day of May 1956. i (SFAL) Notar lic, Lubbock Couky, Texas THE STATE OF TEXAS s COUNIN OF LUBBOCK : BEFORE ME, the undersigned authority, a Notary Public, in and for said County, Texas, on this day personally appeared DUDLEY BRUWA TT, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to use that he executed the same as the act and deed of the COUNTY OF LUBBOCK, TEXAS, AND as COUNTY JUDGE, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFTCE, this day of 1956. (SEAL) Notary Public, Lubbock County, Texas APPROVED AS M FORM+