HomeMy WebLinkAboutResolution - 2003-R0171 - Telephone Right-Of-Way Easement At Lake Alan Henry - Cap Rock Telephone - 05_08_2003Resolution No. 2003-RO171
May 8, 2003
Item No. 30
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Telephone Right -of -Way
Easement at Lake Alan Henry between the City of Lubbock and Cap Rock Telephone
Cooperative, Inc., and any other related documents. Said Easement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in
the minutes of the Council.
Passed by the City Council this
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy
Right -of -Way Agent
TFr6 Ellerbrbok
Director of Public Works
APPROVED AS T FORM:
Richard K. Casner
Natural Resources Attorney
Ke/cedoes/ LAH.CapRoekTel.TelFasementl
April 22, 2003
8th day of May 2003.
Resolution No. 2003—RO171
May 8, 2003
Item No. 30
TELEPHONE RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, the City of Lubbock, a Texas home
rule municipal corporation (the "Landowner"), does hereby grant, without warranty,
expressed, statutory or implied, unto Cap Rock Telephone Cooperative, Inc., (hereinafter
called the "Cooperative"), of Spur, Texas, and to its successors or assigns, the right to
enter upon the lands of the undersigned, for the limited purposes set forth below, situated
in the County of GARZA, State of Texas, that certain land being one Rod (16.5 ft) in
width and the length described as follows:
BEING LOCATED IN THE SOUTHWEST QUARTER SECTION 70, BLOCK 5 OF
THE H. & G. N. RAILROAD CO. SURVEY IN GARZA COUNTY TEXAS, FROM
THE EQUIPMENT YARD TO THE BRAZOS OFFICE AND THEN TO THE
EXISTING BUILDING, AS DESCRIBED ON EXHIBIT "A", HERETO,
to construct, operate and maintain on or under the above described lands, a
communication line or lines, to cut and trim trees and shrubbery that may interfere with
the operation and maintenance of said line or system, including the right to bury
communication line and cables underground, so long as said lines or cables are buried at
least forty-two inches below the ground surface. This instrument grants an easement only
over and across the above -described lands.
It is agreed that the Cooperative shall indemnify and hold harmless the
Landowner from any and all liability for any damages to the Cooperative's
communication lines, cables and other facilities installed on the above described
premises.
The undersigned agree that all poles, cable and other facilities, installed on the
above described premises at the Cooperative's expense shall remain the property of the
Cooperative, removable at the option of the Cooperative.
IN WITNESS WHEREOF, the undersigned set their hands and seals this the
8th day of May 2003.
ATTEST
Re ecca (!arz '`Ctt Srri�a_ry�
LAN -Telephone FasCment2;
BOOK 265 PAGE YA 2
Page 1 of 2
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APPROVED AS TO CONTENT:
Ed Bucy, Right-Of-W Agent
Terry erbro k
Pjr6ctor of Public Works
APPROVED AS TO FORM:
Richard K. Casner
Natural Resources Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on M, 2003 by
Marc McDougal, Mayor of the City of Lubbock, a Texas mumci al home rule
corporation.
CELIA WEBB
E
NotaryPubk, State of TexasMy Commission Expires 00-0t-2006
Not* Public, State of TeyaS
My commission expires: p-�-o I- xnob
BOOK 265 PAGE 743
LAH-Telephone EasemenU Page 2 of 2
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State of Texas
County of Garza
certify that this instrument was filed and
hereon by me and was duty recorded in
hereby
page of the name t— 'am a the .. d records of Garza
County, Texas is stamped hereon
recorded Vol.. Page
Records
Jerry Hays
CO inty 8 District Clerk
0 , Texas