HomeMy WebLinkAboutResolution - 2010-R0358 - Utility Right-Of-Way_Easement - James W. Boren, Jr. - 08_12_2010Resolution No. 2010-RO358
August 12, 2010
Item No. 5.15
RESOLUTION
BE 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
execute for and on behalf of the City of Lubbock, a Utility Right -of -Way and Easement
located on certain property in Garza County, Texas, owned by James W. Boren, Jr., and
all related documents. Said Utility Right -of -Way and 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 on August 12, 2010
TOM MARTIN, MAYOR
ATTEST:
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RebeccV Garza, City Secretary
APPROVED .AS TO CONTENT:
'Mars a eed, P.E., Chief Operation Officer
Dave Booher, Right -of -Way Agent
�es-Contract for Purch L-asement-James W Boren Jr
7 29 10
Return to: City of Lubbock
Attn: Dave Booher
P. ,D. Box 2000
Lubbock, Texas 79457
904
Resolution No. 2010-RO358
UTILITY RIGHT-OF-WAY AND EASEMENT
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THE STATE OF TEXAS § L
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GARZA §
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For cash and other good and valuable consideration, cash in hand paid, receipt and sufficiency of
which is acknowledged and confessed, the undersigned JAMES W. BOREN Jr., hereinafter referred to
as "Grantor" (whether one or more), do hereby grant, bargain, sell and convey unto the said CITY OF
"Grantee
LUBBOCK, a home rule municipal corporation of Lubbock, County, Texas (hereinafter called
and its successor or assigns, the perpetual right, privilege and easement, at any time and from time to
time to lay out, erect, construct or reconstruct, operate, maintain, service, inspect, repair, replace and/or
move an electric power line in, on, over, across, under and through the said easement and right-of-way
on the lands and premises of Grantor, being situated in Garza County, Texas consisting of a variable
number of wires, cross arms and all other necessary and desirable devices, attached to, supported from
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and a part of the necessary structures, consisting of a variable number of wood, concrete, steel or other
metal members or poles, props, guys and anchors, in a single pole line within the confines of a right-of-
way fifty (50) feet in width, said right of way being twenty-five (25) feet on each side of a centerline
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surveyed and established by survey, as hereinafter described, for the supplying, transmission and
distribution of electric current, power and energy to the public, together with the right to ingress, egress or
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regress from said easement and right-of-way, over and within the boundaries thereof at all reasonable
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times and intervals for the purposes aforesaid, said easement being located and described within the
attached Exhibit B.
The right of way and easement herein described is granted in exchange for consideration
amounting to $15,150.00 . Said consideration shall be payable JOINTLY to the Grantor (his heirs,
or legal representatives) and all persons or entities owning an interest in the property described above
upon execution of documents by all such persons and/or entities evidencing their agreement.
The Grantee may also install underground electric facilities, buried cable or underground wire
within the above described easement. Further, the Grantee may install transformers, risers and other
appurtenances as required and deemed necessary, within the above -described easement, but these shall
be located upon or adjacent to the centerline described above.
Grantor shall have the right to use all or any part of the above -described property for any purpose
that does not damage, destroy or injure the use of the aforesaid right-of-way and easement for the
purposes for which it is given herein as heretofore set forth. The Grantee will have the right from time to
time to cut, trim, and keep clear all trees, shrubbery, undergrowth, and other obstructions on or over said
right-of-way and easement that may threaten to injure, endanger or interfere with the operation,
maintenance or use of such electric lines or other facilities appurtenant thereto.
Grantor agrees that all poles, wires and other facilities, installed on the above -described lands at
the Grantee's expense, shall remain the property of the Grantee, removable at the option of the Grantee.
The rights, privileges, duties and liabilities created hereby are for the benefit of and binding upon
Grantor and Grantee and the heirs, successors, and assigns of each.
IN WITNESS WHEREOF, the Grantors have set their hands and seals on this ? day of
v 2010.
GRANTORS:
MES W. BOREN Jr.
THE STATE OF TEXAS
COUNTY OF GARZA
This instrument was acknowledged before me on the day of v
2010 by J'AMES„W. BOREN Jr.
DARREN TRAY PAYNE
*; Notary Public, State of Texas NOTAR U IC IN A OR
My Commission Expires STATE OF TEXAS
Juna 12, 2013
IN WITNESS WHEREOF, the Grantees have set their hands and seals on this 12th day of
August , 2010.
GRANTEES:
CITY OF LUBBOCK
TOM MARTIN, MAYOR
ATT�ST,t
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e itGarp- a, City Secretary, f
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APPRO�/E5D �46,T0,C9� 11FENT:
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Marsha Reed, P.E., Chief Operations Officer
Dave Booher, Right -of -Way Agent
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Resolution No. 2010—RO358
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— — 135 — — S 88°53'51" E — — — — S 88053'51" E
136 116 2643.8' 2643.8'
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James W. Boren Jr.
Garza County, Texas
Tract of Land in H & G.N. RR Co. Block 5 Survey, Section 117
CENTERLINE DESCRIPTION: (Transmission Line Easement)
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-- 10'6 — --
116 107
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An easement being 50 feet in width being 25 feet on each side of the following described centerline:
BEGINNING at a point on east line of Section 135, Block 5 and the west line of Section 117, Block 5
whence the NE corner of Section 135 and the NW corner of Section 117 bears N01°10'47"E, 25.0 feet.
Thence S88°52'25"E, 2,640.3 feet to a point whence the north line of Section 117 and the south line of
Section 118 bears N01008'30"E, 26.0 feet and the NE corner of Section 117 and the NW corner of
Section 106 bears S89°27'29"E, 2,640.5 feet.
Said easement containing 2,640.3 linear feet or 3.03 acres of land more or less.
FILED FOR RECORD
2010 Aug 24 at 02:44 PPS
.tire Plummer, County Clerk
GJINRZA GOG. TEXAS
BY s , DEFU"
BEARINGS ARE BASED ON GPS SURVEY
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LAKE ALAN HENRY PUMPSTATION
BLOCK 5, SECTION 117
JAMES BOREN JR
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