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Home My WebLink AboutResolution - 2012-R0010 - Underground Utility Easement - Southwestern Bell Telephone Company - 01_12_2012Resolution No. 2012—R0010 January 12, 2012 Item No. 5.11 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to ,cute for and on behalf of the City of Lubbock, an underground utility easement, by i between the City of Lubbock and Southwestern Bell Telephone Company, a Missouri rporation, and related documents. Said Agreement is attached hereto and incorporated this resolution as if fully set forth herein and shall be included in the minutes of the .y Council. by the City Council this January 12 , 2012. TO MARTIN, MAYOR TTEST: Garza, City (APPROVED AS TO CONTENT: Dave Booher, Right of Way Agent APPRO j A) TO FORM: Chad Weaver,' Assistant City Attorney vw:ccdocs/uueasement-Southwestern Bell Tele Cores 11.7.11 .MEMENEMMMEMMMON06 CO C pAi I EASE 2012001402 File and Return to Dave Booher R.O.W. City of Lubbock UNDERGROUND UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK 4 PGS Resolution No. 2012-R0010 KNOW ALL MEN BY THESE PRESENTS: That CITY OF LUBBOCK, herein called "Grantor" (whether one or more), for and in consideration of the sum of One and No! 100 Dollars ($1,00), to Grantor in hand paid by SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri corporation, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further benefits accruing and to accrue to the remainder of their property, have by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GRANT, BARGAIN, SELL and CONVEY unto SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri corporation, its respective representatives, successors and assigns, for the use of the public as a perpetual and permanent underground utility easement for telecommunication and transfer of information purposes the fine and uninterrupted use, liberty of passage in, along, on, over, upon, under and across the tract of land lying and being situated in the County of Lubbock, State of Texas, and being more particularly described as follows, to -wit: A 1.405 acre tract of land located in Sections 28 & 32, Block A and Sections 2 & 3, Block D-3, Lubbock County, Texas, being further described on Exhibit "A" as attached hereto and made a part hereof, together with all rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining any and all types of telephone and telegraph lines, or any type of telecommunication or information transfer lines, 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. The easement herein granted shall entitle SOUTHWESTERN BELL TELEPHONE COMPANY to the right to remove or repair any telecommuication lines within such easement as may be determined SOUTHWESTERN BELL TELEPHONE COMPANY without being responsible for the replacement of improvements, paving or surfacing necessitated by such removal or repair. The easement shall not be fenced or otherwise obstructed to the passage of vehicular traffic. In order to assure the said SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri corporation, its successors and assigns, of continuing access and enjoyment of said easement, Grantor does hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent structure over the said properties heretofore described and should such building or structure be erected, it is understood that SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri corporation, shall have the right to remove said building or structure from the premises. Underground Utilfty Easement Page 11 (Job #7970685) TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri corporation, its respective successors and assigns, and any and all public utilities now or hereafter franchised by SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri corporation, to use the above -described premises for so long as the public uses the same for the purposes herein granted. WITNESS THE EXECUTION of this instrument this 12th day of January , 2012. CITY OF LUBBOCK By. � •-_- Nnted Name: TOM MARTIN Title: MAYOR THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me this ! day of G% Qtt.I" 2012, by cvY f%Y\ as Mou4 0 r for CITY OF LUBBOCK, a t d Kkkn i d Wi + I EUSA MKHEZ WM Pj* so 01 Taus MyC+Oji-in 16q** 11-07-2015 Underground Utility Easement (Job #7970685) NOTARY PUBLIC, STATE OF TE Page 12 Resolution No. 2012—R0010 HUGO REED AND ASSOCIATES, INC. 1001 AVENUE N ! LUBBOCK, TEXAS 79401 1806.763.56421 FAX 80e-763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100678-00 I I A 101209 AT&T METES AND BOUNDS DESCRIPTION of a 1.405 acre tract of land located in Sections 28 & 32, Block A and Sections 2 & 3, Block D-3, Lubbock County, Texas, being further described as follows: BEGINNING at a 1-1/2" iron pipe found at the Northeast corner of Section 28, Block A, the Southeast corner of Section 32, Block A, the Southwest corner of Section 3, Block D-3 and the Northwest corner of Section 2, Block D-3, Lubbock County, Texas; THENCE S. 00°01'29" E. a distance of 21.85 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 89059'20" E. a distance of 5224.98 feet to a 1/2" iron rod with cap set for the most Easterly Northeast corner of this tract; THENCE South a distance of 88.00 feet to a 1/2" iron rod with cap set for the Southeast corner of this tract; THENCE West a distance of 10.00 feet to a 1/2" iron rod with cap set for the most Southerly Southwest corner of this tract; THENCE North a distance of 78.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 89059'20" W. a distance of 5224.97 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 00°01'29" W. a distance of 588.75 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 89"59'20" W. a distance of 217.76 feet to an AT & T riser pedestal found at the most Westerly Southwest corner of this tract, THENCE N. 00°00'40" W. a distance of 10.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE N. 89059'20" E. a distance of 227.76 feet to a 1/2" iron rod with cap set in the East line of Section 32. Block A and the West line of Section 3, Block D-3 for the most Northerly Northeast corner of this tract, from whence a 3/4" iron pipe found at the Northeast corner of said Section 32 and the Northwest corner of said Section 3 bears N. 00°01'29" W. a distance of 4713.51 feet; THENCE S. 00001'29" E., along the East line of said Section 32 and the West line of said Section 3, a distance of 566.90 feet to the Point of Beginning. Contains: 61,195 square feet. Bearings are relative to the East line of Section 32. Block A and the West line of Section 3, Block D-3 previously recognized as being S. 00'01'29" E. Surveyed on the ground. December 13, 2010 Brent Carroll Registered Professional Land Surveyor No. 5410 State of Texas ; r, •Clm d•C+•vNMff:"Rig.: ;-'i^f.?W�'. -V.^. •'ri 5410 ,f.=¢:US';7�allr..�, fal,,:�:r.,aw;r•x�+tRr.J+�: FILED AND RECORDED 7j, OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS January 13, 2012 03:49 10 PM FEE: $24.00 2012001402