HomeMy WebLinkAboutResolution - 2010-R0359 - Utility Right-Of-Way_Easement - James Boren, Jr. - 08_12_2010Resolution No. 2010-RO359
August 12, 2010
Item No. 5.16
RESOLUTION
,13E 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
ocated on certain property in Garza County, Texas, owned by James W. Boren, Jr., and
11 related documents. Said Utility Right -of -Way and Easement is attached hereto and
ncorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
assed by the City Council on August 12, 2010
TOM ARTIN, MAYOR
TTEST:
Ilebectea Garza, City Secretary
APPROVFD AS TO CONTENT:
arsha Reed, P.E., Chief Operation Officer
ave Booher, Right -of -Way Agent
��'''''t!ii► mar
es -Contract for Purch [asement-James W Boren Jr
29.10
Return to: CWi of Lubbock
.Attn: Dave Booher
P. O. Box 2000
Lubbock, Texas 79457 Resolution No. 2010-RO359
UTILITY RIGHT-OF-WAY AND EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GARZA §
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
LUBBOCK, a home rule municipal corporation of Lubbock, County, Texas (hereinafter called "Grantee"),
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
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
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
regress from said easement and right-of-way, over and within the boundaries thereof at all reasonable
times and intervals for the purposes aforesaid, said easement being located and described within the
attached Exhibit A.
The right of way and easement herein described is granted in exchange for consideration
amounting to $7,600.00 . 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.
V
0
L
0
P
G
IN WITNESS WHEREOF, the Grantors have set their hands and seals on this day of
V , 2010.
THE STATE OF TEXAS §
COUNTY OF GARZ4 §
'\ /
This instrument was acknowledged before me on the 3i } day of I t>t ,
2010 by JA
DARREN TRAY PAYNE
=� = Notary Public, State of Texas
�. My Commission Expires June 12, 2013 TARP I IN A D FOR
"T E ATE TEXAS
IN WITNESS WHEREOF, the Grantees have set their hands and seals on this 12th day of
August 2010.
GRANTEES:
CITY OF LUBBOCK
f2z� -
TOM MARTIN, MAYOR
ATTEST: le,°
ebe ca parza, City Seoretaq
APPRiWE , TO 8OI �T IVT:
—
a°°°°� ,;
�
1 Y f n� � ✓L �-
Marsha Reed, P.E., Chief Operations Officer
Dave Booher, Right -of -Way Agent
��j WMArIj RA2
MAIN
V
0
L
0
P
G
N
BEARINGS ARE BASED ON GPS SURVEY
1134
7 2641.6'
61 N 88°30'42" W
1 3962.2'
I
I
I
I
I
I
cod
o to
yy
U 1 U
010
m I m N 88050'17" W
I 2639.7'
I
I
� I
I
_ 6
5 136
I
I
Iti
N ;
CO O
O C7
GCD
I
N
O
U)
1320.6'
1320.6'
BLOCK 5
SECTION 135
25.0
I
I
1321:0' 1341118
S 88-52'25" E J 117
1320.9' 25.0
I
JAMES W.
BOREN JR
V. 307
P. 509-522 Ill I
NI N
c0
O �
(C
� N
on
S 88054'05" E
5275.6'
James W. Boren Jr.
Garza County, Texas
Tract of Land in H & G.N. RR Co. Block 5 Survey, Section 135
CENTERLINE DESCRIPTION: (Transmission Line Easement)
r
�I0
CaIN
I
I
136 116
I
I
An easement being 50 feet in width being 25 feet on each side of the following described centerline:
BEGINNING at a point whence the NE property corner for John Boren and the NW property corner for
James W, Boren Jr. bears N01°08'25"E, 25.0 feet and the NW corner of Section 135, Block 5 and the NE
corner of Section 6, Block 6 bears N88"30'42"W, 3,962.2 feet .
Thence S88°52'25"E, 1,320.9 feet to 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, Block 5 and the NW corner of Section 117,
Block 5 bears N01°10'47"E, 25.0 feet.
Said easement containing 1,320.9 linear feet or 1.52 acres of land more or less.
FILED FOR RECORD
2010 Aug 24 at 02:44 PM
.Jim Plummer, County Clerk
G PA CO . TEXAS
BY R .DEPUTY
ROBERT E. TELFO
TX RPLS 5020
—6
V
0
L
0
�g
qI
1
P
G
G
ENGINEERING, LLC
IF��LAMPS
EXHIBIT
A
Cl I Y OF LUBBOCK
SECTION
135
LAKE ALA
- BLOCK 5, SECTION 13,5
JAMES W. 13OREN JR.
L1 Wn By ►iR[I
TAB N*AE $FEET S SC.ALl� 1' = 1 EdQ. LAhIP5
DATE' OT,p 'f0