HomeMy WebLinkAboutResolution - 081276F - Cancellation Utility Easement - Old Glory Co - 08_12_1976JWFab
RESOLUTION
IT RESOLVED EY;" THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT since it is deemed advisable and in the public inte-
st to change the mode of transfer of certain rights in a utility easement fron
City of Lubbock, Texas, unto Old Glory Corporation, therefore the PUBLI
CILITY EASEMENT USE LICENSE authorized by this City Council between
id City and said Corporation at the July 22, 1976 meeting of this City Counci
hereby in all things cancelled and expunged from the minutes of said meet -
and in lieu and as a substitute therefor, the execution by the Mayor of the
atrument set forth below in Section 2 hereof is hereby authorized.
SECTION 2. THAT the Mayor of the City of Lubbock be and is hereby
horized and directed to execute for and on behalf of the City of Lubbock a
rtial Quitclaim of Utility Easement in favor of Old Glory Corporation attach
herewith which shall be spread upon the minutes of the Council and as spre:
)n the minutes of this Council shall constitute and be a part of this Resolu-
z as if fully copied herein in detail.
assed by the City Council this 12th day of August 1976
ROY BASS, MAYOR
TTEST:
reva Phillips, CKy Secretary -Treasurer
AS TO FORM:
O. Senter,
PARTIAL QUITCLAIM OF
UTILITY EASEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located
in Lubbock County, Texas, herein called "GRANTOR" has been requested to
Quitclaim a portion of utility easement granted to GRANTOR by Flagg Homes,
Incorporated, of record in Volume 1329, Page 996, of the Deed Records of
Lubbock County, Texas, in order to accomodate the cantilevered second floor
at the rear of the Hilton Inn which overhangs said easement in Lot 3, Safeway
Addition to the City of Lubbock, Lubbock County, Texas; and,
WHEREAS, Old Glory Corporation being the legal entity formerly known as
said Flagg Homes, Incorporated, hereinafter called "GRANTEE", has made such
request and GRANTOR finds that it is in the public interest to comply therewith
and such action will not adversely affect the use and enjoyment of the remainder
of such easement remaining after execution and delivery of this Instrument by
GRANTOR unto GRANTEE; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
FOR and in consideration of the sum of TEN AND Norm ($10. 00) DOLLARS
to GRANTOR cash in hand paid by GRANTEE, and other good and valuable consi-
deration, receipt of which is hereby acknowledged and confessed, GRANTOR does
by these presents abandon, disclaim, release and forever Quitclaim unto GRAN-
TEE all of GRANTOR'S right, title and interest in said utility easement insofar as
same applies to all rights of GRANTOR in and to the airspace from ten feet above
ground or surface level (on up) as located ten feet above the west four feet of the
following described surface real estate:
BEGINNING at a point 25.00 feet South and 25.00
feet West of the Southwest corner of Lot 1, Safeway
Addition to the City of Lubbock, Lubbock County,
Texas; -
THENCE South a distance of 178.62 feet;
THENCE West a distance of 25.00 feet;
THENCE South a distance of 4.43 feet;
THENCE West a distance of 15.00 feet to a point
in the South line of Lot 2, Safeway Addition from
which the radius point of a fifteen radius curve
bears North 15. 00 feet;
THENCE Northeasterly around a curve having a
radius of 15. 00 feet, tangent lengths of 15. 00 feet,
delta angle of 900 for a curve distance of 23. 56 feet
to a point of tangency in the east line of Lot 2, Safe-
way Addition;
THENCE North along the east line of said Lot 2 a
distance of 341. 7 feet to a point of curvature;
THENCE around a curve to the left having a radius
of 15. 00 feet, tangent lengths of 15. 00 feet, delta
angle of 90% for a curve distance of 23.56 feet;
THENCE East a distance of 40. 00 feet;
THENCE South a distance of 188.65 feet to the
PLACE OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular
the rights, privileges and appurtenances thereto in any manner belonging unto
the said GRANTEE, its successors and assigns forever, so that neither the
GRANTOR, City of Lubbock, its successors, or assigns, nor any persons
claiming under it shall at any time hereinafter, have, claim or demand any right
to the title to the aforesaid premises or appurtenances or any part thereof. All
rights in said utility easement not specifically herein released and/or Quitclaimed
are hereby in all,respects•retained by GRANTOR herein.
WITNESS'M:'. AAND AT LUBBOCK, TEXAS this 12th day of August
1976,,
ROY BASS, MAYOR
ATTEST:
Treva Phillips, CKy Secretary -Treasurer
)JSEAL)
Notary Public, Lubbock County, Texas