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HomeMy WebLinkAboutResolution - 063064J - Right Of Way Easement - Water Pipe Line - Section 5 Block A - 06_30_1964 PS:djl A , RESOLUTION A RESOLUTION AUTHORIZING THE GRANT AND EXECUTION OF A RIGHT OF WAY EASEMENT BY THE CITY OF LUBBOCK ACTING BY AND THROUGH ITS MAYOR, TO THE UNITED STATES OF AMERICA FOR A WATER PIPE LINE OR CONDUIT IN A PART OF SECTION 5, BLOCK A. LUBBOCK COUNTY„ TEXAS,:- WHEREAS,, it appears to be in the best interest of the inhabitants of the City of Lubbock and the United States of America that the United States of America be granted an assignable easement and right-of-way out of land owned and held by the City of Lubbock out of a part of Section 5, Block A, Lubbock County, Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock grant an easement and right-of-way for the purpose of constructing and maintaining a pipe line or conduit in, over, and across those lands specifically described in that instrument termed "Grant of Easement" which is attached hereto and hereby made a part hereof by reference. THAT the Mayor be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock said "Grant of Easement" and as evidence thereof the City Secretary shall attest execution of such instrument and affix the seal of the City of Lubbock thereto who shall then thereupon spread upon the minutes of the, Councilsaid "Grant of Easement" and as spread upon the minutes of this Council all of said instrument shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of June, 1964. MAX T DMORE,, Mayor ATTEST: WAtt. City ,I.yy L,aveni Lowe.,, ,Cit Secretary-Treasurer A 4 GRANT OF EASEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY TMESE PRESENTS: That the City of Lubbock, a municipal corporation of the State of Texas, for and 'in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the United States of America, its successors and assigns, the right to survey, construct, reconstruct, and perpetually operate and maintain a water pipeline or conduit, together with all appurtenances necessary thereto, or any part thereof, for the transportation of 'water through, over, and across lands specifically described in Schedule "A", attached hereto, incorporated herein, and hereby made an integral part hereof by reference, and a temporary and assignable easement and right-of-way and such other uses as required in connection with the construction of said pipeline or conduit in, over and .across those lands specifically described in Schedule "B", attached hereto, and hereby made an integral part hereof by reference. Said graft shall include the perpetual and exclusive right to remove from or place on earth, rock, or other materials, and the right to trim, cut, and remove brush and other vegetative structures, the right of ingress and egress for men, materials, and equipment for utilizing the easement granted, and the right of the United States to construct, operate, and maintain minor surface structures appurtenant to said water pipeline or conduit. Said grant of easement shall not preclude the right to cultivate, use, and enjoy the premises for any purposes which will not constitute an inter- ference with the easement, rights, and privileges herein granted, or endanger facilities constructed; including the right to construct, operate and maintain crossings for railroads, water, power, telephone, telegraph, sewer and gas lines over 'said water pipeline right-of-way, including the right to permit like use by third parties; but said rights reserved to Grantor shall not extend to or include the erection of any buildings, — reservoirs, or structures, or permission.to the public to use any part thereof. All features proposed by Grantor or by third parties on the easement area shall be constructed, operated and m. intained without expense to the United States. Grantor will issue notice to the United States before any construction is initiated. Railway crossings are to be con- structed in compliance with specifications as required by the United States of America. Said grant is subject to rights-of-way of record and in use. TO HAVE AND TO HOLD the same perpetually to the United States of America, its successors and assigns, together with to right and privilege at any and all times to enter said premises, or. any part thereof, for the purposes aforesaid. WITNESS MY HAND, this the 30th day of June , 1964. CITY OF LUBBOCK B Y Mayor ATTEST: �y PtorneY City Secretary STATE.OF TMS COUNTY OF LUBBOCK BEFORE P^...5'' , .a of Lubbock County, Texas, on this day personally appeared Mayor of the City of Lubbock, a municipal corporation of the State , of Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Lubbock, a municipal corporation of the 'State of Texas, that he was duly. authorized to perform the same by appropriate resolution of the City Commission of the City of Lubbock, a municipal corporation of the State of Texas, and that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed, in the capacity therein stated. Given under my hand and seal 'of office, this the day 'of , A.D. 1964, My commission expires on the day of , .19 r SCIMBULE A LANDS IN LUBBOCK COUNTY, =AS, t'._T_C ARE THE SUZ.73EXT OF THIS GRANT OF EASE",,. T Two tracts or parcels of land lying and situate in the East j of Section 5, Block A, Lubbock County, Texas, more particularly described as follows: Parcel No. 1 Beginning at a point on the North boundary of said Section 5, whence the Northeast corner of said Section 5 bears East, a distance of 26.00 feet; thence South, 264.11 feet; thence South 65006'45" West, 55.12 feet; thence North, 72.76 feet; thence North 65006 '45" East, 19.84 feet; thence North, . 206.20 feet; thence East, 32.00 feet to point of beginning, containing 0.23 acre of land, more or less; and, Parcel No. 2 Beginning at a point in said Section 5 on the South right-of-way boundary of the P & S F RR Co. , whence the Northeast corner of said Section 5 bears North 08°28 '52" East, a distance of 393.26 feet; thence North 65006'45" East, 35.28 feet; thence South, 2323.79 feet; thence East, 37.92 feet; thence South 00015'10"East, 32.00 feet; thence West, 70.07 feet; thence North, 2,340.94 feet to point of beginning, containing 1.75 acres of land, more or less; and, Two tracts or parcels of land lying and situate in the North i of Section 5, Block A, Lubbock County, Texas, more particularly described as follows: Parcel No. 1 Beginning at a point in the North j of said Section 5, whence the South- west corner of said Section 5 bears South 05059'39" West, a distance of 2,835.62 feet; thence North 65004' East, 316.16 feet; thence South 58*26' East, 79.14 feet; thence South 65*04' West, 359.84 feet; i thence North 24056' West, 66.00 feet, to point of beginning, containing 0.51 acre of land, more or less; and, Parcel No. 2 Beginning at a point in the North 1 of said Section 5, wlance the Southwest corner of said Section 5 beF'rs South 24Oa7 '17--" V:'est, 3742.10 feet, thence North 65004' East, 1116.04 feet; thence South 24053' East, 67.44 feet; thence North 65007' East, 2,870.81 feet ; thence South, 72.76 feet; thence South, 65007' West, 2,652.72 feet ; thence North 24053' West, 25.00 feet; thence South 65*07' West, 701.89 feet ; thence North 24056' West, 41.95 feet; thence South 65004' West, 612.09 feet; thence North 15053' West, 66.83 feet to point of beginning, containing 6.42 acres of land, more or less. SCI~EDU?•�' B LANDS IN LUBBOCK COUNTY, TEXAS, M--:C1: Ate'.- TIC; SUBJECT OF THIS GIANT OF iEM O^ARY EAS :a INT Four tracts or parcels of land lying and situate in the East of Section 5, Block A, Lubbock County, Texas, more particularly described as follows: Parcel No. 1 Beginning at a point on the North boundary of said Section 5, . whence the Northeast corner of said Section 5 bears East, a distance of 58.00 feet; thence South, 206.20 feet; thence South 65006'45" West, 19 .84 feet; thence North, 214.55 feet; thence East, 18.00 feet, to point of beginning, containing 0.09 acre of land, more or less; and, Parcel No. 2 Beginning at the Northeast corner of said Section 5; thence South 00°15 '10" East, 251.53 feet, to a point on the North right-of-way boundary of the P & S F RR; thence South 65006'45" West, 29.88 feet; thence North, 264.11 feet; thence East, 26.00 feet, to point of beginning, containing .0.16 acre of land, more or less; and, Parcel No. 3 - Beginning at a point in said Section 5 on the South right-of-way boundary of the P & S F RR. , whence the Northeast corner of said Section 5 bears North 08°28'52" East, a distance of 393.26 feet; thence South, 2340.94 feet; thence East, 70.07 feet; thence South 00015'10" East, 18.00 feet; thence West, 88.15 feet; thence North, 2350.59 feet; thence North 65006'45" East, 19.84 feet to point of beginning, containing 1.00 acre of land, more or less; and, r Parcel No. 4 Beginning at a point on the East boundary of said Sccticn 5, which is on the South right-of-way boundary of tie . 2- S F 1". . , t .e Northeast corner of said Section 5 bears North 00015,13" Wast, a distance of 361 .30 feet; thence South 00015'10" East, 2338.63 feet; thence West, 37.92 feet; thence North, 2323.79 feet; thence North 65006145" East, 30.43 feet, to point of beginning, con- taining 1.75 acres of land, more or less. I.1• I I ' L U L I— l - - I A Q U -- - L I I L T'_r POR Y TEMP l!! !. ; _ TU L n / IiCR[pk No,I r0• p1w,"L l - '- 1 o-�. EL r —�h'�Y_ J JTo'dF 0` .� / i'J✓I LJA iI!1' +- Ir.f1'Mae' l AOeld •w fHl.r!' I FI lr L w is oo' —a5/ Acre w ro/—' i ,wo .... n a' u.H' 0.09 Acrs a --2� u�a7 vl _s .. au'_ /Q/6 Aen � — I1,75 Acres —woo`w t� I -- — 400 Acre 0.23 Acrs S?5 Acres 6.42 Acres III I i t I 4 y II I /cT I I Jfato I I a I � I .. _ No,s 5,f� NJo{I. P. 0 f•_11Pk 71 u%, I ,u 1l'-,T_I I 'I LUBBOCK LATERAL 11 PERPETUAL 6,93 ACRES I -OCK it I I ACC'LSS AO.eO / MIS NWY.L County, r - I i TIE DETAIL , I � t i I to / T - / J.µ/ to., • I — . ' . L•ep - � it t �. ,._:,_ Ia•a__ r1 '4 VIjOa'�1 J P � � � Yflw,fr11•'Jwa� -- ._...3 l.1 _ "NAOMAI '''OJE - III r EASEMENT for AQUEDUCT i I R/GHr OF WAY MAP r