HomeMy WebLinkAboutResolution - 091864A - Utility Easement- Southwestern Bell Telephone Co.- Wolfforth Rd, Circle View Add - 09_18_1964 FOS:dil
4:
�Y RESOLUTION
WHEREAS, in December, 1949, the Circle View Addition was annexed anal
by virtue thereof was brought under the jurisdiction of the City of Lubbock; and,
WHEREAS, at the time of annexation the Circle View Addition was platted
with a 120 foot wide right of way for street purposes and was designated as
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Wolfforth Road; and,
WHEREAS, no effort toward improvement of the full 120 foot of right of way
has been made since the time of annexation by either the City, County or State of
Texas other than the placement of a water and sewer improvement constructed
therein by the City of Lubbock and an underground cable constructed therein by the
Southwestern Bell Telephone Company, a public utility franchised by the City of
Lubbock to use the public streets and alleys within the City of Lubbock, all of
which are now in existence; and,
WHEREAS, the Planning Commission of the City of Lubbock in its over-
all study of the area adjacent to the Circle View Addition has determined that there
is no need for a full 120 feet of right of way at this location for the construction of
public road way facility; and,
WHEREAS, the owners and developers of the Circle View Addition as owners
of the land abutting each side of said 120 foot right of way at the request of the
City to replat the entire Circle View Addition in order to eliminate a portion of the
excess right of way submitted for consideration of the Planning Commission of the
City of Lubbock a replat of part of said Addition; and,
WHEREAS, the Planning Commission of the City of Lubbock determined that
there was no need for the full 120 foot right of way at this location for the construc
of a public road way facility and did ultimately approve a replat of part of the Circ
View Addition which excluded 64 feet of the original 120 foot right of way with the
dedication of an easement for the purpose of providing right of way for the existing
utility lines which presently serve the public interest lying within the 64 foot portio
excluded from the original 120 foot right of way and left the remaining right of way
for a paved street from Avenue L to Avenue P in the City of Lubbock; and,
WHEREAS, it now appears that it is necessary and desirable that the City of
Lubbock make known to the Highway Department of the State of Texas, its
determination that part of the 120 foot area is no longer needed for right of way
for vehicular traffic purposes within the City of Lubbock from the West side of the
Traffic Circle at the intersection of U.S. Highway 87 and U.S. Highway 84 South-
westerly to Avenue P; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the State of Texas acting by and through its Highway Department
declare that the 64 feet excluded from the 120 foot right of way as more fully
described on the attached plat which is incorporated herein and made a part hereof
by reference, be declared surplus property of the State of Texas and that in order
to get said land on the Tax Rolls of the. City, County and State be conveyed as
provided by law subject to a right of way easement to provide for the existing
public utilities installed by the City of Lubbock and the Southwestern Bell Telephon
Company with the right of the City of Lubbock and said utility company to enter
upon said right of way for the purposes of repair, replacement or reconstruction
of such existing facilities with'the right of ingress and egress for these purposes
and further subject to no permanent improvements being placed on said right of
way which would interfer with such easement.
BE IT FURTHER RESOLVED THAT the City Secretary be and is hereby
authorized and instructed to forward a certified copy of this Resolution to the
Chairman of the Texas Highway,Commission and Mr. O, L. Crain, District
Engineer of the Texas Highway Department in Lubbock, Texas.
Passed by the City Council this 18th day of September 1964.
MAX TID ORE, Mayor
ATTEST; -
Lave- 'a Lowe, City Jecretary-Treasurer
PPROVEt D _
Fred O. Senter, Jr. , Ci attorney
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