HomeMy WebLinkAboutResolution - 2506 - Right Of Way Offer- Mclain Oil Company- Electrical Utility Systems Update - 01_22_1987Resolution # 2506
January 22, 1987
Agenda Item #13
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RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located
in Lubbock County, Texas, has determined and does hereby determine that the
public needs and welfare demand and create a public necessity for the opera-
tion, improvement, expansion, extension, construction, reconstruction, re-
pair and maintenance of electrical transmission and distribution lines,
poles, braces, and guy wires and necessary apparatus and appliances in con-
nection therewith necessary to the proper operation of the public electrical
utility system owned and operated by the City of Lubbock, Texas which re-
quires the acquisition of title in said City to an easement for such public
municipal purposes, together with rights of ingress, egress and regress in
said City to accomplish such purposes; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT title in the City of Lubbock, Texas, to an easement
in, upon, over, along, and across the hereinafter described real estate lo-
cated in the City of Lubbock, Lubbock County, Texas, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof to -wit:
BEGINNING at a point which bears N. 36006' W. a distance of 10.41 feet
from the Southwest corner of the East 75.73 feet of Lot 16, Howard &
Garlington Addition. Same point also bears N. 53054' E. a distance of
90 feet and N. 36106' W. a distance of approximately 10.41 feet from
the Southwest corner of Lot 16, Howard & Garlington Addition, Lubbock,
Lubbock County, Texas;
THENCE N. 53026'58" E. a distance of approximately 75.02 feet to a
point;
THENCE N. 36006' W. a distance of approximately 1.75 feet to a point;
THENCE N. 53054' E. a distance of approximately 3.79 feet to a point;
THENCE N. 00033'06" E. a distance of approximately 106.44 feet to a
point on the North lot line of Lot 16, Howard & Garlington Addition.
Same point also bears N. 89058'35" W. a distance of approximately
10.20 feet from the Northeast corner of Lot 16, Howard and Garlington
Addition;
THENCE S. 89058'35" E. along the North lot line of Lot 16 a distance
of approximately 4.62 feet to a point;
THENCE S. 00017'21" E. a distance of approximately 106.44 feet to a
point;
THENCE S. 00057'42.5" W. a distance of approximately 9.06 feet to a
point;
THENCE S. 53054' W. a distance of approximately 75.73 feet to a point
on the West property line of the East 75.73 feet of Lot 16, Howard &
Garlington Addition;
THENCE N. 36006' W. along the West property line of the East 75.73
feet of Lot 16, Howard & Garlington Addition a distance of approxi-
mately 5.41 feet to the POINT OF BEGINNING.
SECTION 2. THAT the owner of said land, being McLain Oil Company, BE
offered through the Right -of -Way Department of the City of Lubbock the
amount of $3,900.00, which is the amount appraised as the value and total
damages for the acquisition of title to an easement in said City as herein -
above described for the purposes herein stated, for the use and benefit of
the City of Lubbock, located in Lubbock County, Texas, and unless accepted
forthwith, the City Attorney of said City of Lubbock is hereby authorized
and instructed to institute condemnation (eminent domain) proceedings to ac-
quire the Easement title to said land as hereinabove described for public
purposes and municipal purposes.
Passed by the City Council this 27nd day of -January 1987•
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
om Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Parold Willard, Assistant City
Attorney
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B. C. McMINN, MAYOR
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CONSTRUCTION AND OVERHEAD ELECTRICAL UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I
KNOW ALL MEN BY THESE PRESENTS:
THAT MCLAIN OIL CO., INCORPORATED, a Texas Corporation, herein called
"GRANTOR", for and in consideration of the sum of TEN AND NO/100 ($10.00)
DOLLARS to Grantor in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal
Corporation of Lubbock.County, Texas, the receipt and sufficiency of which is
hereby acknowledged and confessed, and for the further good and valuable con-
sideration in benefits accruing and to accrue to the remainder of Grantor's
property, have by these presents GRANTED, BARGAINED, SOLD and CONVEYED and
by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK,
its legal representatives, successors and assigns, for the use of the public
as a perpetual and permanent easement, the free and uninterrupted use, liberty
of passage in, on, along, over, upon, under and across all that property lying
and being situated in Lubbock County, Texas, and being more particularly
described as follows, to -wit:
BEGINNING AT A POINT which bears N 36006' W a distance of 10.41 ft.
from the Southwest corner of the East 75.73 ft. of Lot 16 Howard &
Garlington Add. Same point also bears N 53°54' E 90 Ft. & N 36006" W
approx. 10.41 ft. from the Southwest corner of Lot 16 Howard &
Garlington Add.
THENCE N 53°26'58" E a distance of approx. 75.02 ft. to a point.
THENCE N 36006' W a distance of approx. 1.75 ft. to a point.
THENCE N 53054' E a distance of approx. 3.79 ft. to a point.
THENCE N 0033'06" E a distance of approx. 106.44 ft. to a point on
the North lot line of Lot 16 Howard & Garlington Add. Same point also
bears N 89058'35" W a distance of approx. 10.20 ft. from the Northeast
corner of Lot 16 Howard & Garlington Add.
THENCE S 89058'35" E along the North lot line of Lot 16 a distance of
approx. 4.62 ft. to a point.
THENCE S 0017'21" E a distance of approx. 106.44 ft. to a point.
THENCE S 0057'42.5" W a distance of approx. 9.06 ft. to a point.
THENCE S 53054' W a distance of approx. 75.73 ft. to a point on the
West property line of the East 75.73 ft. of Lot 16 Howard & Garlington
Add.
THENCE N 36006' W along the West property line of the East 75.73 ft.
of Lot 16 Howard & Garlington Add, a distance of approx. 5.41 ft. to
the POINT OF BEGINNING.
for the purposes of erecting, constructing, reconstructing, repairing, inspecting,
patrolling and maintaining an overhead electrical transmission and distribution
line, granting unto the City, its successors and assigns, the right to place its
poles, transmission lines and wires, guy wire and bracers thereon and thereover,
and the line and equipment on such poles. GRANTOR shall not place any permanent
structures within said easement which will interfere with the use thereof. The
real estate hereinabove described is not used, claimed or occupied as homestead
of any character.
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The CITY OF LUBBOCK, its successors and assigns shall have the
right of ingress and egress over the adjacent lands of GRANTOR to and
from the easement of right-of-way for the purpose of, but not limited
to, erecting, constructing, reconstructing, repairing, inspecting,
patrolling, maintaining, adding to or removing power lines, its con-
ductors, structures, or other devices, the right to relocate upon the
right-of-way or easement, the right to remove all trees, or parts
thereof or other obstructions which might endanger or interfere with
the operation, safety or efficiency of the power line, its structures
or devices.
TO HAVE AND TO HOLD the above described premises together with all
and singular the rights and appurtenances thereto in anywise belonging
perpetually unto the'CITY OF LUBBOCK, its successors and assigns, to
the uses and under the conditions hereinabove stated forever.
TNESS THE EXECUTION OF THIS INSTRUMENT this %(�' day of
W
,` , 1987.
SEAL
t'
ATTEST:
J45ie Dillard
ecretary - Treasurer
THE STATE OF TEXAS
COITNTY OF LUBBOCK
McLain Oil Co., Inc.
Dennis Dillard
President
BEFORE ME, the undersigned authority, on this day personally
appeared DENNIS DILLARD, PRESIDENT OF McCLAIN OIL CO., INC., known
to me to be the person whose name is subscribed to the foregoing in-
strument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacities
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
1987.
L. _ .
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otary Public, Lubbock County, Texas
My Commission Expires: 7 - 10 L /69
STATE OF TEXAS
COU`iTY OF LUBBOCK
1'ne:eby certi4y+na+HLED cm this msvument,+as wos daly
data and o+ the n s+ompad heroac6 he Off'clol k_oi p.ope.ty
AECi.`RO£D the Vo'ume o T — as stomped her by me.
Ram•ds of lubbod Caumy.
APR 16 887
COUNTY CLERK
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LUBBOCK COUNTY, TEXAS