HomeMy WebLinkAboutResolution - 2003-R0172 - Telephone Right-Of-Way Easement At Lake Alan Henry - Cap Rock Telephone - 05_08_2003Resolution No. 2003-RO172
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 8th dai
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy
Right -of -Way Agent
Terr lle ok
Director of Public Works
APPROVED AS TO
Richard K. Casner
Natural Resources Attorney
Ke/ccdoc"H.CapRockTel.TelEasement2
April 22 2003
Resolution No. 2003—RO172
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 PARALLEL, WEST FENCE LINE TO THE PRIVATE ROAD AND THEN
ALONG. - THE PARALLEL PRIVATE ROAD EAST TO EXISTING PLANT, AS
DESCRIBED ON EXIiIBIT "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 C
the operation and maintenance of said line or system, including the right to bury Ca
communication line and cables underground, so long as said lines or cables are buried at 0
least forty-two inches below the ground surface. This instrument grants an easement only
over and across the above -described lands. O
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 2001
CITY OF
Rkbe'd( 4za, C tyl,'So4rvtaryY`
LAH-Telephpne Basement
MAYOR
BOOK 265 PAGE 738
Page I of 2
APPROVED AS TO CONTENT:
Ed Bucy, Right -Of -Way Ag t
Te Ellerb ook
Director of Public Works
APPROVED AS TO FORM:
.'/� C---- -
Richard K. Casner
Natural Resources Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on �, 2003 by
Marc McDougal, Mayor of the City of Lubbock, a Texas rm nici l home rule
corporation.
CELIA WEBB
wwy Public, State of Teuaa
MY CommW*4
•� �` OM1-loos
RichardrrelephoneROW.Easement2"Redlinel accepted.
April 14, 2003
Not Public, State of Zeza,-
My commission expires: 03-01-206
Boa 265 PAGE 739
LAH-Telephone Easement Page 2 of 2
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State of Texas
County of Garza.
. V hereby certIfy that this instrument Was filed end
time stamped hereon by me and was duly recorded in
the volume and page jmpd records of Garza
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