HomeMy WebLinkAboutResolution - 022676J - Utility Easement - The Public - All Public Utilities, Sec 17 Block A - 02_26_1976JWF/nh
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RESOLUTION
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK, ME and is hereby
ithorized and directed to execute for and on behalf of the CITY OF LUBBOC
UTILITY EASEMENT in favor of the PUBLIC, attached herewith which
►all be spread upon the Minutes of the Council and as spread upon the Min-
es of this Council shall constitute and be a part of this Resolution as if
lly copied herein in detail.
sed by the City Council this 26th day of February , 1976,
TTEST:
ROY WAMS, MAYOR
?A
, CW Secretary -Treasurer
PROVED AS TO FORM:
9k:
Fred O, Senter, Jr., OF Attoi
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ORDINANCE NO. 7/��
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING
PORTION OF STREET: A PORTION OF MARSHALL STREET WEST OF
NORTH BOSTON AVENUE IN THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, .AND MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE
THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION
OF STREETS PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
WHEREAS. the City Council finds that the street portion hereinafter
described is no longer needed for street purposes and for public use; and
WHEREAS. the City Council finds It would be to the public Interest
to close, vacate and abandon the same for street purposes and to public
uses NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK.
SECTION 1. THAT the street portion as hereinafter described shall
BE and the same is hereby closed, vacated and abandoned for street pur-
poses and for public use:
BEGINNING 2640.00 feet South and 1181.18 feet West of
the Northeast corner of Section 17, Block A, sAid point
being in the West Right -of -Way line of North Boston
Avenue;
THENCE West, 30.00 feet either side of the half -section
line known as Marshall Street, a distance of 1056. 65
feet to a point, said point being the West boundary of
the Canyon Lakes Project.
SECTION 2. THAT the City Engineer Is hereby authorized and
directed to mark the official map of the City of Lubbock to indicate that
the portion of street described in Section l hereof has been closed and
abandoned, showing the munber of this Ordinance and the date of its final
passage.
SECTION 3. THAT should any section, paragraph, sentence, phrase,
clause or word of this Ordinance be declared unconstitutional or invalid
for any reason, the remainder of this Ordinance shall not be affected thereby.
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SECTION 4. THAT the City Secretary is hereby authc>rlsed and
directed to cause publication of the descriptive caption of this Ordinance
as an alternative mettwid provided by taw.
AND IT I : SO ORDERED.
Passed by the Council on first reading this ;)- day of J61 �
Ie7s.
Passed by the Council on second reading t1U_g_(L day of w FEBRllc-Y ♦ '
MS.
1/1 11-
190Y BASS. MAYCS
ATTESTS
Treva Phillips, Utff Secretary -Treasurer
APPROVED AS TO F UMt
Fred O. Seater, Jr.. City Attorney
UTILITY EASEMENT
THE STATE OF TEXAS
KNOWALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality
located in Lubbock County, Texas, for and in consideration of the benefits
accruing and to accrue to the PUBLIC has by these presents GRANTED,
BARGAINED, SOLD and CONVEYED and by these presents do GRANT, BAR-
GAIN, SELL and CONVEY unto the PUBLIC 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:
A Utility Easement from City of Lubbock, for use of all
public utilities, out of Section 17, Block A, Lubbock
County, Texas, being rmre particularly described as
follows:
BEGINNING 2640. 00 feet South and 1181. 18 feet West
of the Northeast corner of Section 17, Block A, said
point being in the West right-of-way line of North Boston
Avenue;
THENCE West, 30. 00 feet either side of the half -section
line known as Marshall Street, a distance of 1056. 55
feet to a point, said point being the Vkst boundary of the
Canyon Lakes Project.
together with the rights of ingress, egress and regress at any and all times
to accomplish the following purpose: allowing, but not limited to, construct-
ing, reconstructing, repairing and perpetually maintaining any and all types
of water lines, sewer lines, gas pipe lines, telephones 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 en-
gaged either in such construction and repair or the reading of meters.
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 PUBLIC, and any and all public utilities now or here-
after franchised by the CITY OF LUBBOCK to use the city streets and alleys
for so long as the public uses the same for the purposes herein granted. This
Easement may be cancelled at any time by written instrument executed and
filed of record by CITY OF LUBBOCK in the Public Records of Lubbock
County, Texas.
CITY OF LUBBOCK, TEXAS
BY
ROY BASS, MAYOR
ATTEST:
t
Trevor Phillips, City r
retary-Treasurer
APPROVED AS TO FORM:
F//red O. Senter, Jr., City.�-Attorney
THE STATE OF TEXAS g
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
Lubbock County, Texas, on this day personally appeared ROY BASS, MAYOR
of the CITY OF LUBBOCK, TEXAS, 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 in the capacity therein stated, and as the act and deed of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_�/ y of
1976.
(SEAL)
Notary =Public, Lubbock County, Texas
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