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HomeMy WebLinkAboutResolution - 2018-R0432 - North Point PID Entry Sign Easement - 12/06/2018Resolution No. 2018-RO432 Item No. 6.17 December 6, 2018 RESOLUTION WHEREAS, the City of Lubbock (the "City") controls the right-of-way, including the medians, of Slide Road between Urskine Street and Ursuline Street, with a portion of said right-of-way being a median within the boundary of the North Point Public Improvement District (the "Property'); and WHEREAS, the Board of Directors of the North Point Public Improvement District (the "PID") unanimously voted to construct and place a neighborhood entry sign on the Property on the condition that the City would grant an easement to the PID for the use of the Property for the public purpose of the neighborhood entry sign; and WHEREAS, the City wishes to grant an easement to the PID for the use of the Property for the public purpose of a neighborhood entry sign; and WHEREAS, the PID wishes to accept and maintain an easement to the Property in order to carry out a public purpose of a neighborhood entry sign; and NOW THEREFORE: 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 grant for and on behalf of the City of Lubbock, an Easement For A Neighborhood Entry Sign Located In The Median Of A Public Thoroughfare, and all related documents, to the North Point Public Improvement District for the construction and maintenance of a neighborhood entry sign. 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 City Council. Passed by the City Council on December 6, 2018 DANIEL M. POPE, MAYOR ATTEST: �4" A� RRe ecca Garza, C Secretary APPROVED AS TO CONTENT: 1 Just'n P uitt, Busin s Development Director APPROVED AS TO FORM: Ry Br e, AZ -is rant City Attorney ccdocs/RLS. I[usement — North Point Public Improvement District— Neighborhood Lntry Sign November 13, 2018 File and Return to Resolution No. 2018-RO432 Dave Booher R.O.W. City of Lubbock EASEMENT FOR A NEIGHBORHOOD ENTRY SIGN LOCATED IN THE MEDIAN OF A PUBLIC THOROUGHFARE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK The City of Lubbock, a State of Texas Home Rule Municipal Corporation located in Lubbock County, Texas (the "City"), for and in consideration of the sum of ten dollars ($10.00), in hand received by the Board of Directors of the North Pointe Public Improvement District, a State of Texas Public Improvement District created under Chapter 372 of the Texas Local Government Code (the "Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further good and valuable consideration in benefits accruing and to accrue to the remainder of the City's property, has by these presents granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, and convey unto the Grantee, its legal representatives, successors, and assigns, for the use of the City's median located in a thoroughfare, a perpetual and permanent easement for a neighborhood entry sign, with the rights of ingress, egress, and regress at any time and all times in, on, under, and across the tract of land located in the City of Lubbock, Lubbock County, Texas, with such tract of land being depicted and described in the attached "Exhibit A" (the "Property"), together with the rights of ingress, egress, and regress at any and all times to the Property in order to, among other things, accomplish the following purposes: allow for the construction, reconstruction, repair, and perpetual maintenance of the neighborhood entry sign and related equipment, and at all times and seasons the right of ingress, egress, and regress of personnel engaged either in such construction, reconstruction, repair, and maintenance (the "Easement"). The Property above described is not used, claimed, or occupied neither as a business nor as a residential homestead. The City does hereby expressly agree not to erect, build, or otherwise allow to be constructed any building or like permanent structure over the Property without thirty (30) days prior written notice by the City to the Grantee. However, the City hereby retains the exclusive right to access the Property, including any area above and below the ground of the Property, for any City purpose. Should the City's execution of its right to access the property result in any interference with, damage to, or demolition of the neighborhood sign, the City shall not be responsible for the loss of access to the neighborhood sign, the repair of the neighborhood sign, or the replacement of the neighborhood sign. The Grantee shall be responsible for and agrees to pay all costs arising out of the exercise of this Easement herein granted including, but not limited to, routine maintenance, the cost of cleanup of any oil, hazardous substance, or other material, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the Easement. In the event the City determines that the Easement herein granted interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for Grantee's use herein. To have and to hold the Property, together with all and singular rights and appurtenances thereto in anywise belonging perpetually unto the Grantee, its successors and assigns, for so long as the Grantee shall use the Property for the purposes granted in this Easement. WITNESS THE EXECUTION OF THIS EASEMENT ON &(bk(Vf , 2018. NOTARIZATION THE STATE OF TEXAS COUNTY OF LUBBOCK L-41� DANIEL M. POPE, MAYOR �r� EFO ME the undersigned authority, on this day personally appeared (� (�V� , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �I day of 12018. la i ���^� it Notary Pub i in and for the State of Texas JINN t �u�' D' `° , ' ":: �; plotar �,� S. / Plala�J �t 12 �` �''`' My Commission Expires � l �;;ri.C2� 1)i; . � _V EXHIBIT A — Property Depiction & Description yE North Point PID Sign Easement LEGEND PID Boundary Proposed Easement 4: 'A ut AiblinCity �k'-4 At*- Z r 100 SO Fed FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEXAS 12/11/2018 10:62 AM FEE: $38.00 2018046281