HomeMy WebLinkAboutResolution - 2507 - Right Of Way Offer- Holiday Inn- Utility Easement, I27 Project - 01_22_1987HW: js
RESOLUTION
Resolution # 2507
January 22, 1987
Agenda Item #14
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, safety and welfare demand and create a public necessity for
the acquisition of additional land for municipal public uses and purposes,
to -wit: an easement for the relocation of public utilities, and this City
Council of said City finds it in the public interest and for public purposes
and municipal purposes to proceed with the acquisition of an easement in,
upon, over, along and across land as needed for such purposes as aforesaid;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT an easement in, upon, over, along and across the fol-
lowing described tract of land located in Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the preamble
hereof, to -wit:
BEGINNING at a 1/2" iron rod, set for the Northwest corner of this
tract, whence the Northwest corner of Section 5, Block E bears North
87°41'44" West, a distance of 2341.34 feet and North 02°19'10" East, a
distance of 864.86 feet and being 339.75 feet left of Interstate High-
way 27, baseline "G" station 109+56.55;
THENCE Southwesterly, along the arc of a curve to the right, an arc
distance of 227.17 feet to a 1/2" iron rod, set on the North R.O.W.
line of 70th Street, for the Southwest corner of this tract, said
curve has a radius of 904.93 feet a central angle of 14123'01" and a
chord that bears South 261,59'56" West, a distance of 226.58 feet;
THENCE South 87°41'00" East, along the North line of 70th Street, a
distance of 14.94 feet to a brass cap marked No. 360, for a corner of
this tract and being the beginning point of a curve to the left;
THENCE Northeasterly, along the arc of a curve to the left, an arc
distance of 15.56 feet to a brass cap monument marked No. 359, for a
corner of this tract, said curve has a radius of 15.00 feet, a central
angle of 59125'30" and a chord that bears North 62036'14" East, a dis-
tance of 14.87 feet;
THENCE Northeasterly, along the arc of a curve to the left, being the
proposed Westerly R.O.W. of Interstate Highway 27, an arc distance of
217.52 feet to a 1/2" iron rod, set for the Northeast corner of this
tract, said curve has a radius of 924.93 feet, a central angle of
13128'29" and a chord that bears North 26009'16" East, a distance of
217.02 feet;
THENCE North 87041'06" West, along the South line of a 20.00 foot
Utility Easement, a distance of 20.95 feet to the POINT OF BEGINNING.
SECTION 2. THAT the owner of said tract, being Holiday Inn, Inc., BE
offered through the Right -of -Way Department of the City of Lubbock the
amount of $3,600.00, which is the amount appraised as the value and total
damages for the acquisition of an easement in, upon, over, along and across
said real estate hereinabove described, for the use and benefit of the City
of Lubbock, Texas, for the purposes herein stated, 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 an easement in, upon, over, along and across said land as hereinabove
described for said public purposes and municipal purposes.
Passed by the City Council this 22nd day of January , 1987.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Ha old Willard, Assistant City
Attorney
B. C. MEMINN, MAYOR
- 2 -
0
'File And r-? urn To
Ed Ou, r r -o-W
UNDERGROUND UTILITY EASEMENT
54-'� 3
THE STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
VOL 2751 °AGE 29S
THAT HOLIDAY INNS, INC., a Tennessee Corporation, herein
called "Grantor," for and in consideration of the sum of FIVE
THOUSAND, AND 00/100 DOLLARS ($5,000.00), 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 consideration in benefits accruing and to accrue
to the remainder of Grantor's property, has 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 nonexclusive
underground Utility Easement, and free and uninterrupted use,
liberty of passage in, along, on, over, upon, under and across
all that property lying and being situated in the County of
Lubbock, State of Texas, and being more particularly described
in Exhibit "A" annexed hereto (the "Easement"); together with
the rights of ingress, egress and regress at any and all times
to accomplish the following purposes: constructing,
reconstructing, repairing and perpetually maintaining any and
all types of water lines, sewer lines, gas pipe lines,
telephone and telegraph lines electric transmission lines and
any other type of public utility, whether named herein or not,
which Easement includes at all times and seasons the right of
ingress, egress and regress of motor vehicles and personnel
engaged either in such construction and repair or the reading
of meters. Said Easement is not used, claimed or occupied as
business or residential homestead.
In order to assure the said CITY OF LUBBOCK, its successors
and assigns of continuing access and enjoyment of said
Easement, the said Grantor does hereby expressly agree not to
erect, build or otherwise allow to be constructed any building
over the Easement described, and should such building be
erected, it is understood that the said CITY OF LUBBOCK shall
have the right to remove said building from the Easement.
wprosen/1035 -1-
VOL ?751 PAirE299
Grantee, by the acceptance of this Easement, agrees to
/and
mnify, defend and hold harmless Grantor and its successors
itle to the land described in Exhibit "B" attached hereto
made a part hereof (the "Hotel Parcel') against any loss,
cost or damage to persons or property arising from:
(i) any activities of Grantee or its licensees within the
Easement, including without limitation any such damage
which may arise from .the improper or negligent
installation, use or operation of the utilities
installed or the negligent or improper maintenance of
such utilities; or
(ii) any damage to Grantee's property or any property of
Grantee's licensees arising from any exercise by
Grantor or its successors in title to the Hotel Parcel
of any rights reserved herein.
Grantee agrees that Grantor shall have, and Grantor
expressly reserves unto itself and its successors holding fee
title to the Easement:
(i) the right to construct, install, use and maintain on,
upon and over the Easement signage, parking,
driveways, and landscaping improvements and accessory
improvements, including without limitation, pavement,
curbing, fencing, lighting, and irrigation equipment,
and Grantee agrees, in connection with any
installation, removal, operation, or maintenance of
utilities pursuant to this Easement, to conduct such
activity in a manner that will insure the least
interruption to the use of such improvements, and
that Grantee will, immediately following any entry
into the Easement restore the Easement and any
improvements thereon to their condition prior to
entry, at the sole cost and expense of Grantee; and
(ii) the right to tie into and have the benefit and use of
any utilities installed in the Easement area upon the
payment of then customary fees.
The Easement hereby granted shall be personal to Grantee and
shall not be subject to assignment by Grantee, provided that
Grantee may, without relieving Grantee of any liability
hereunder, license public utility companies to place utilities
within the Easement for so long as this Easement shall
continue.
Upon the earliest to occur of:
(i) vacation of this Easement as a public easement; or
(ii) abandonment of the Easement; or,
wprosen/1035 -2-
va 2751 PAGE 300
(iii) failure to commence use of the Easement for the
purposes permitted herein within two (2) years from
the date of execution hereof by Grantor; or
(iv) default by Grantee in any of its obligations to
Grantor and its successors in title to the Hotel
Parcel; V
rights hereby granted shall revert to and revest in
Grantor or its successor in title to the fee underlying such
Easement. In such event, all utilities installed within the
Easement shall be removed by Grantee and the Easement restored
to its condition prior to termination within sixty (60) days
after the date of termination of the Easement.
All utilities and improvements in the Easement shall be
installed and maintained in a good and workmanlike manner and
shall be located entirely beneath the surface of the ground,
-as determined by reference to the existing surface elevation
of the Easement except for not more than three (3) manholes
providing access to the underground utilities located within
the Easement area which shall be located and constructed in a
manner that will not impede the use of the surface by Grantor
or its successors and assigns from time to time holding title
to or interests in the Hotel Parcel, and which may be at but
not above the existing surface elevation. No changes shall be
made to the present elevation of the Easement or adjacent
portions of the Hotel Parcel in connection therewith.
Construction and maintenance shall be undertaken in a manner
that will insure the continued lateral support of the Hotel
Parcel and the subjacent support of the surface of the
Easement and any improvements constructed thereon pursuant to
the rights reserved herein. Rights of entry and repair shall
be limited to the area of the Easement, and shall be accessed
only from the adjacent public right of way and not by crossing
over the remainder of the Hotel Parcel.
The Easement hereby granted shall be nonexclusive and
there is reserved to Grantor, and other parties to whom
Grantor or its successors in title to the Hotel Parcel may
grant such rights, in addition to the rights specifically
reserved above, all rights to use the Easement for all uses
now existing or hereafter established which are not
inconsistent with the rights hereby granted.
This Easement is granted subject:
(i) to all rights, liens, reservations, easements,
regulations, covenants and conditions now existing;
(ii) to all laws, codes, rules or resolutions of
governmental authorities affecting use of the
Easement area;
wprosen/1035
-3-
va 2751
Jii) any matters which would be revealed by an accurate
survey or inspection of the Easement.
TO HAVE AND TO HOLD the above described Easement unto the
r OF LUBBOCK, for the purposes herein granted and subject
:he limitations, covenants and conditions herein contained.
WITNESS THE EXECUTION OF THIS INSTRUMENT this �$
of 4"EBR�Aa�r , 1988.
THE STATE OF.TENNESSEE
COUNTY OF SHELBY
day
HOLIDAY IN INC.
BY:J �--
Thomas H. Brettschneider
ITS: Vice -President -Hotel
Group
Before me, the undersigned authority, a Notary Public in
and for said County, Tennessee, on this day personally
appeared THOMAS H. BRETTSCHNEIDER, 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 consideration therein expressed and Vice
President --Hotel Group of Holiday Inns, Inc. as the act and
deed of HOLIDAY INNS, INC.
V N UNDER MY
HAND AND
SEAL OF OFFICE this
day
of
1988.
Kos -
Notary Public, Shelby County
Tennessee
'JEAMy Commission Expires:
is g'' i;; T1�510�X 3i;'S ijFr,. 3:i,. .' .:J
wprosen/1035 -4-
EXHIBIT "A" TO UNDERGROUND UTILITY EASEMENT
VOL 2751 PA, 302
/UGO REED AND ASSOCIATES, INC.
1 210 Avenue Q i Lubbock, Texas 74401 806 763-5542
Tommie E. Anderson, R.P.S., President
Bernard J. Gradel, Jr., P.E., R.P.S.
David Goyette. Mgr.
Robert L. Smith, R.P.S.
Charles M. Rothwell, P.E.
Daniel E. Martinez, R.P.S.
Norris Stevens, R.P.S.
LAND SURVEYORS
CIVIL ENGINEERS
METES AND BOUNDS DESCRIPTION of a 20 foot wide utility easement located in Section 5,
Block E, Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the West right-of-way line Interstate 27 and the South line
of a separate 20 foot wide underground utility easement described in Volume 1361,
Page 967, Deed Records of Lubbock County, Texas, which bears N. 89052'38" E. a
distance of 2362.40 feet and S. 00007'22" E. a distance of 864.14 feet from the
Northwest corner of Section 5, Block E, Lubbock County, Texas, same being a point
which which bears N. 89052'38" E. a distance of 383.21 feet and S. 00007'22" E. a
distance of 20.00 feet from the Southwest corner of Lot 3, South Loop Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE Southwesterly, along said right-of-way, around a curve to the right, said
curve having a radius of 924.93 feet, a central angle of 13028'24", tangent lengths
of 109.25 feet, a chord distance of 217.00 feet, and a chord bearing of
S. 23042'26" W. to a point of compound curvature;
THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00
feet, a central angle of 59026', tangent lengths of 8.56 feet, and a chord distance
of 14.87 feet to a point in the North right-of-way line of 70th Street;
THENCE S. 89052'38" W., along said North right-of-way line, a distance of 14.94 feet
to a point of intersection with the following curve;
THENCE No around a curve to the left, said curve having a radius of 904.93
feet, a central angle of 14022'56", tangent lengths of 114.18 feet, a chord distance
of 226.56 feet, and a chord bearing of N. 24 33'06" E. to a point in the South line
of said separate 20 foot wide underground utility easement;
THENCE N. 89052'38" E., along the South line of said separate 20 foot wide
underground utility easement, a distance of 20.95 feet to the Point of Beginning.
CONTAINS : 4528 square feet
0.1039 acre of land
BEARINGS ARE RELATIVE TO SOUTH LOOP ADDITION.
PREPARED FOR : William Rosenberg
Holiday Corporation
December 3, 1987
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O SURVEYORS 1210 AVENUE O
*ENGINEERS LLIBBOCK, TEXAS
5642 79401
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EXHIBIT "B"
LEGAL DESCRIPTION HOTEL PARCEL
Parcel 1
VOL 2751 %E 304
METES AND BOUNDS DESCRIPTION of a 128,522.28 square foot
tract being a portion of Lot 3, South Loop Addition to the
City of Lubbock, Lubbock County, Texas, according to the
map or plat thereof recorded in Volume 1361, Page 958,
Deed Records of.Lubbock County, Texas, being further
described as follows:
BEGINNING at a found 3/8" iron rod which bears N.
89052138" E. a distance of 2572.27 feet and S. 00052' E. a
distance of 534.18 feet from the Northwest corner of
Section 5, Block E, Lubbock County, Texas, said point
being the Northeast corner of said Lot 3, South Loop
Addition;
THENCE S. 00052' E., along eh West right-of-way line of
U.S. Highway No. 87 and Avenue "H", a distance of 310.03
feet to a 5/8" iron rod found at the Southeast corner of
said Lot 3, South Loop Addition;
THENCE S. 89052,3811 W., along the South line of said Lot
3, at 215.06 feet pass a brass cap found in concrete for
the Westerly right-of-way line of proposed Interstate 27,
continuing for a total distance of 604.03 feet to a
concrete nail found at the Southwest corner of said Lot 3,
South Loop Addition;
THENCE N. 00007,22" W., along the East line of said Lot 3,
South Loop Addition, a distance of 310.00 feet to a 1/2,,
iron rod found at the Northwest corner of this tract;
THENCE N. 89052,38" E., along th North line of said Lot 3,
South Loop Addition, at 422.32 feet to a railroad spike
found in the said Westerly right-of-way line of proposed
Interstate 27, continuing for a total distance of 600.00
feet to the Point of Beginning.
SAVE AND EXCEPT A 58,103.14 square foot tract which has
been taken in Condemnation Proceedings by the State of
Texas Highway Department as recorded in Volume 2099, Page
337, Official Real Property Records of Lubbock County,
Texas.
r
Parcel 2
VOL 2751 p2,6 305
METES AND BOUNDS DESCRIPTION bf the plat limits of Lot 4,
South Loop Addition to the City of Lubbock, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point which bears N. 89052138" E., a
distance of 1979.20 feet and S. 0000712211 E., a distance
of 844.14 feet from the Northwest corner of Section 5,
Block E, Lubbock County, Texas;
THENCE N. 89*52138" E., a distance of 389.15 feet;
THENCE Southwesterly around a curve to the right, said
curve having a radius of 924.93 feet, a central angle of
140461, tangent lengths of 119.85 feet, and a chord
distance of 237.72 feet to a point of compound curvature;
THENCE Southwesterly around a curve to the right, said
curve having a radius` of 15.00 feet, a central angle of
590261, tangent lengths of 8.56 feet, and a chord distance
of 14.87 feet;
THENCE S. 8905213811 W., a distance of 267.62 feet to a
point of curvature;
THENCE Northwesterly around a curve to the right, said
curve having a radius of 15.00 feet, a central angle of
900, tangent lengths of 15.00 feet, and a chord distance
of 21.21 feet;
THENCE N. 00007,2211 W.', a distance of 210.87 feet to the
Point of Beginning.
STATE OF TEXAS
v r� `„'"� COUNTY OF LUBBOCK
i L) I hereby certify that this instrument wo, FllED on the
i
date and al the t,me stamped hereon by me and was duly
RECORDED m the Vo}ume and Page of the Official Real Property
Lft�AR e7 n Records of Lubbock County, Teats as stamped hereon by me.
i' t1{ MAR 1 1988
t�afarr % /Iti
COUNTY CLERK•- k, LvLao:k Cwnty, Taus ��,v !/��\' /ice• WHOCK COUNTY, TEXAS
J S