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HomeMy WebLinkAboutResolution - 063064K - Right Of Way Easement - Water Pipe Line - Section 13 Block A - 06_30_1964 FOS:djl cu5moq K s� RESOLUTION A RESOLUTION AUTHORIZING THE GRANT AND EXECUTION OF A RIG13T 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 THE SOUTH ONE-HALF OF SECTION 13, 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 the South 1/2 of Section 13, 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 Easements' 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 Council said "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 TTIIDMORE Mayor ATTEST: ,- Form rov ' City Attorney Lavenia Lowe, _Pity a cretary'Treasurer _J . GRANT OF EASEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: That the City of Lubbock, a municipal corporation of the State of Texas, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which i$ 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 grant 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 interference with the easement, rights, and privileges herein granted, or endanger facilities constructed; including the right to construct, operate and maintain crossings for 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 maintained without expense to the United States. Grantor will issue notice to the United States before any;--coistruction is initiated. Said grant is subject to rights-of- way of record and in use. r TO HAVE AND TO HOLD the same perpetually to the United States of America, its successors and assigns, together with the 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 30thday of June 1964. CITY OF LUBBOCK By Mayor ATTEST: i �91A City Secre ary tY Anorney STATE.OF T=AS COUNTY OF LUBBOCX BEFORE ME, 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 SCFMDULE F. LANDS IN LUBBOC COUNTY, TEXAS, C .IC APr TIM SUBJECT S OF THIS GRANT OFEI.S::',i.:\ A tractor parcel of land lying and situate in the South j of. Section 13, Block A, Lubbock County, Texas, more particularly described as follows: Beginning at a point in said South i of Section 13, whence the Southwest corner of said Section 13 bears South 10028'39" West, a distance of 1058.50 feet, said point being on the North right-of-way of the P & S F RR Co. , thence North 30048'31" East, 52.78 feet; thence South 02012'29" East, 62.95 feet; thence North W 11'29"West, 34.30 feet to point of beginning, con- taining 0.02 acre of land, more or less. r SCHEDULEr B LANDS IN LUBBOCii COUNTY, T Y.AS, 17 iICH ARE THE SUB ECT OF THIS CrRJ^-.'ivT OF TEMP3RA2Y :.AS:..,Z3NT A tract or parcel of land lying and situate in the South j of Section 13, Block A, Lubbock County, Texas, more particularly described as follows: Beginning at a point in said South j of Section 13, whence the Southwest-corner of said Section 13 bears South 10028 '39" West, a distance of 1058 .50 feet, said point being on the North right- of-way of the P & S F RR; thence North 59011'29" West, 23.00 feet; thence North 30048'31" East, 88.18 feet; thence South 02012'29" East, 42.21 feet; thence South 30048'31" West, 52.78 feet to point of beginning, containing 0.04 acre of land, more or less. AQUEDUCT EASEMENT ` PERPETUAL _ CITY -OF LUBBOCK NQ .BEARING LENGTH 1 N30048'31"E 52.T8' 2 S02012'29"E 62.95' 3 N59011'29"W 34,30' A part of the South 1/2, TEMPORARY � I of Section 13, Block A, 3 N0, BEARING LENGTH �2�• �/ I y� L ubbock County, Texas. N59011'29" W 23.00' • }} ( 2 N30048',Y E 88. 18' / Area Perpetual = 0. 02 Acre �J 1 3 S020r2'29"E 42.21` a s300 48'3r"w 52.78' / Area Temporary = 0,04 Acre P� 1 C4 Qo� 10 . O 20 40 SCALE OF FEET UNITED _rATT'ES i OF THE RI �� QQ A, _ DEPARTNt BUREAU OF RECLAm4rtoNOR CANADIAN RIVER PROIECr—TEXAS EASSli'E VT for AOUEDUCT S10028'39"W j 'Q,p PQ RIGHT OF I,S4Y MAP 1058.50, ~ j ORAwN__ _SUB411T7- r riCEO._G.�'�;_.RECOIAVENC_O_�• • . ` L_ 14 13 3 CHECKED_7_•�/'1 APPROVE.V.-419. 5 le TRACT NO. 511 B PWRILL0,rEXAS-A PP.24,1964 GG2-52�-16G�