HomeMy WebLinkAboutResolution - 081061L - Arial Easement - James C. Etter, El Tejas Motel Owner - Country Club Addition - 08_10_1961 RESOLUTION
$.t> WHEREAS, James C. Etter, owner of the El Tejas Motel in the City of
Lubbock, Lubbock County, Texas, desires to be granted an Aerial Easement
and rights to permit construction of an overhead porch, over the public way
at the location hereinafter more particular4r described; and,
WHEREAS, the City Commission finds that the granting of such Easement
will not interfere with the public use of the street right of way nor create any
hazardous or dangerous condition thereon; and would be authorized by Article
1085 B, Revised Civil Statutes of Texas; and the City Commission deems it
expedient and in the public interest to grant such request; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK-
SECTION 1. THAT the Mayor be and he is hereby authorized and directed
for and on behalf of the City of Lubbock to execute the attached Aerial Easement
from said City to James C. Etter, granting said James C. Etter the right to
construct, operate and maintain an overhead porch subject to the conditions and
limitations contained in said Aerial Easement, a copy of which is attached hereto
and incorporated herein by reference for all purposes, said Aerial Easement to
include an area not less than 10 feet nor more than 50 feet above the sidewalk
elevation, and consisting of a stri p of three feet in width and 150 feet in length
adjacent to the West side of Lots 12 and 13 of Block 6,, Country Club Addition
to the City of Lubbock, Lubbock County, Texas, said strip being more particular)
described as follows, to-wit:
Beginning at a point 28 feet North of the Southwest corner
of Block 6, Country Club Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE North 150 feet to a point;
THENCE West 3 feet to a point;
THENCE South 150 feet to a point;
THENCE East 3 feet to the PLACE OF BEGINNING.
SECTION 2. THAT the City Secretary-Treasurer is hereby authorized and
directed to attest the Mayorts signature to such Aerial Easement affixing the seal
of the City of Lubbock thereto.
Passed by the City Commission this 10tk day of August—, 1961.
I1AVI CA SEY, Mayo —
AT TEST i
/ For r ved
10,
Lavenia owe,. city Secre ary-Tr asueer cti Anorney
AERIAL_ EASEMENT
THE$.TATE'OF 'TEXAS.
r;- KNOW ALL MEN BY Timsk PicESENTS;
COUNTY OF.LUBBOM`�
THAT.the City of"Lubbock, a Home Rule Municipal,Corporation of Lubbock
` County;!Texas,, hereinafter referred to as Grantor, acting by Gad through its
officers as heretofore.duly authorized by Resolution of its,City Commission for
'i ud to consideration of ONE AND NOf 100($1.00) bOLt.ARS, to it cash in hand
patd'by jJaafir,60, C. Etter, of Lubbock County, 'Texas, ,hereinafter referred to:as
Grant**. receipt of aihich'ie'hereby,acknowledged and confessed, does hereby
tojthe iixtent'!tt may lawfully do so, .GIVE and GRANT unto the said dames C,
Etter, �th6nt abandoning any public use right vested in Grantor, an Aerial
Eafeeint iatxd right to construct, operate and maintain su.pverhead;proch,'tn+
416ding a:floor. roof and watts thereof, over the,public sidewalk and right:of.
Way at ng�Ithc.'W est bade of Lots l2 end 13 of Slack 6,.Country Club,tiddition to
#�he C�,t�i a �uibbock, Lubbodk County, Texas, said As
Easement being a strip
$hree!feet11h,vidth, 150 feet in length and being more particula�rly�described:ss
CA .10, to t.
Beginning at a point 26 feet North of the Southwest corner
of Block 6, Country Club Addition to the City of Lubbock,
Lubbock County. Texast
THENCE North 160 feet to a point;
THENCE Wept S feet to a poiati'
: i .
Tf3ENCE South 150 feet.to a point;
THEENCE East p feet to the PIAC£ OF BEGINNING.
• 1L'
j PROVIDED# THAT;`Much Aerial Easement is,to begin at a point 10 feet above
the sidvmkik elevation thereunder and extend'upward'to a point'no than
n 50
feet above said sidewalk4levattoni and provided turther that no column, pasi,
or signor other structitre.4 any charktts#'whatsoever shall'be placed on tie
public right of way.
11I.
-Prior to;the construction of any improvements within the Aerial space authorized
by this instrument, Grantee shalt eubt#ift to the City Engineer plane and specifi-
cations of the construction to'be done, attdO.Grantee shall not commence construction
of any of said improvements until such plate and specifications are approved by
the City Engineer.
IV.
This grant is made subject to the Condition that Grantee will pay ell costs
arising out of the exercise of the Easement and right herein granted, including
but not limited to the replacement and repairing of paving, sidewalks, and
utilities of any nature occasioned by the construction of the improvements con«
templated by this instrument. All-such repair and replacement to be done in
accordance:teiCity of Lubbock specifications.
V.
This grant is made subject to the further condition that Grantee, his heirs,
successors and assigns, shall at all times defend, indemnify and otherwise hold
the City of Lubbock, its officers, agents, servants and employees. harmless of
and from apy and all;claims, demands, actions, clauses of action, suits at liaw
and in equity and coats of whatsoever kind or nature wHch may grow out of or
relate to th'e granting of this right for the exercise by the Grantee of any,privi-s
r- #ages granted hereby.
Vt.
This grant is made subject to the further condition that Grantee shall at all
times exercise the rights herein granted in such a manner as will not interfere
with the;public use of the public way,at the location herednabove described and
ev as not to create :any dangerous or hazardous condition thereon.
TO HAVE AND TO HOLD the said premises together with all and singular.
the rights. privileges end appurtenances'hersinabove-granted unto the said.lames
C. Etter{ We heirs and assigns,,Eorever, subject to the conditions herein pro-
vided.
Graatee, games C. Etter, herein coverAuto for himself, his heirs. repreaeataa
tines and assigns forevdr, that this contract shall be observed and that the coveuantsl+
conditions`and duties hereby placed'ou him shall run with the land and in addition
to any caas,es of actioa accruing to Grantor:for Grantee's failure to comply;with
saki covenabts, conditions"-and duties,'.aforesaid, the Grantor-shall have'the right
Of re6ent
w;TNESS OUR HANliS this i dap of 1 August t96t
" CITY OF LU BOCK "GRANTOR"
•` C
Bye
T DAVID CA �R o--1f
ATTEST, i�
akwvilf_ --�-- .. _
Faven e, CityW 5ecry• reasurer'-
EIP
THE STATE OF TEXAS
COUNTY OF LUBBOCK '
BEFORE ME, the undersigned authority' a Notary Public, in and for *aid
County. Texas. on this day personally appeared DAVID.C.' CASEY. known to
to be the person whose name is subscribed to the foregoing,instrument and ack-
nowledged to me that he executed thesame as the act and deed of the CITY OF
LUBBOCK and as MAYOR, for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this In*t day of
Aug_nst 1961.
(SEAL)
'f3ota`ry h'u c, Lun'SocT��oun�y;TTnx.
THE STATE OF TEXAS [
COUNTY OF LUBBOCK f
BEFORE ME. the undersigned authority, a Notary Public, in and for said
County. Texas, on this day personally appeared DAMES C. ETTER. 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 considera-
tion thereiw expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this lOtk {day of
August , 1961.. .....`..`.
(SEAL)
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