HomeMy WebLinkAboutResolution - 903 - Right Of Way Offer- Luther Adams Jr- Street Light Cable Easement, Guadalupe Add - 09_10_1981JWF:cl
RESOLUTION 903 - 9/10/81
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine the public
needs, safety, and welfare demands and creates a public necessity for the
constructing, reconstructing, and expansion and improvement of the street light
cable system of the City of Lubbock as a public service of said City creating a
need for an additional easement by said City to accomplish such purposes and
this City Council of said City finds it to the best public interest and for
public purposes and municipal purposes to proceed with the acquisition of an
easement for street light cable as needed for such purposes as aforesaid; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the title for a street light cable easement in, on,
under, upon, along, and across the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes
as set forth in the preamble hereof, to -wit:
The North 2 feet and the West 2 feet of Lot 1, Block 15, Guadalupe Addi-
tion to the City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said land including Luther Adams, Jr.,
BE offered through the Right -of -Way Department of the City of Lubbock the
amount of $15.00, which is the amount appraised as the value and total damages
for the acquisition of said title to a street light cable easement as herein -
above described for the purposes herein stated, for the use and benefit of the
City of Lubbock, located in Lubbock County, Texas, and unless accepted forth-
with the City Attorney of said City of Lubbock is hereby authorized and in-
structed to institute condemnation (eminent domain) proceedings to acquire the
street light cable easement title to said land as hereinabove described for
public purposes and municipal purposes.
Passed by the City Council this loth day
Evelyn Gaf ga, ity c et -Treasurer
APPROVER AS TO FORM:
of S ep tembe ,1981.
r
BI McALISTER, MAYOR
J. rh Fullingim, Assistant ?i ty Attorney
APPROVED AS 0 CONTENT:
Tom Nivens, Right -of -Way Agent
RE: Resolution #903 9/10/8!
Purchase of Lot 1, Blk. 15, Guadalupe Addn.
FOR: Street Light Easement FROM: Luther Adams, Jr.
The original Warranty Deed, or a copy thereof, has never been
submitted to the City Secretary for filing or for recording
in the Minutes.
Check with the Engineering Department --right-of-way-- or
the Deed Records for official recordation of this document,
if any.
�v
EVELYN GAFFGA
City Secretary
RE: Resolutio #903 9 10181
Purchase Lot 1 Blk. 15 Guadalu a Addn.
FOR:- Street Light Easement FROM: Luther Adams, Jr.
The original Warranty Deed, or a copy thereof, has never been
submitted to the City Secretary for filing or for recording
in the Minutes.
Check with the Engineering Department--righ:-of-way-- or
the Deed Records for official recordation of this document,
if any.
�v
EVELYN GAFFGA
City Secretary
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VNDER�RCITND SIFIEI LIGHT C:.BLE E.SDIENT '-:l lD •'• -= JiIJ
THE STATE OF TEXAS 3
ntiJu ALL MEN BY THESE ?RES_cTS:
COUNTY OF LUBBOCK 4
THAT T•,•�,e_ PA. - Tw
of Lubbock County, Texas, for and in consideration of the sum of ONZ r\
NO/100 DOLLARS ($1.00), to him in hand paid by the CITY OF LUBBOCK, a
Home Rule Municipal Corporation of Lubbock Ccunty, Texas, the receipt and
sufficiency of which is hereby acluicaledged aid confessed for the further go:d
and valuable consideration in benefits accruing and to accrue to the re=ai-lder
of his property have (has) by these presents GRAONTED, B_ZGiI:iD,
SOLD, and CONVEYED and by these presents does (do) GRANT, BARGAIN, SELL and
CONVEY unto the CITY OF LUBBOCK, its legal representatives, successors and
assigns, for the use of the public as a perpetual and permanent easement, the
free and uninterrupted use, liberty of passage in, on, along, across, over,
upon and under all that property lying and being situated in the County of
Lubbock, State of Texas, and being more particularly described as follows, to -
wit:
The north 2 feet end the west 2 Pent of Lot 1. Bloc's 1.5. Guadalupe
Addition to the City of Lubbock, Lubtcck County, :'eras.
allowing but not limited to, laying, constructing, reconstructing, repairing
and perpetually maintaining an underground street light cable and which ease=ent
includes the right, at all times, and seasons, of ingress, egress and regress
of motor vehicles and personnel engaged in either such construction and repair
or the reading of meters, provided however, that such street light cable shall
be underground with the exception of such appurtenances above ground as may be
necessary to the enjoyment of the underground easement.
In order to assure the said CIT': OF LUBBOCK, its successors and assigns
of continuing access and enjoyment of said easement, the said Luther :.cep-, Tr.
, does (do) hereby expressly agree not to
erect, build or otherwise allow to be constructed any building or 14-ke peraa=ent
structure over the said property heretofore cescribed and should such buildi=g
or structure be erected, it is understood that the said CITY OF LUB30CK shall
have the right to remove said building or structure from the premises.
TO HAVE AND TO HOLD the above -described premises together with all and
singular the rights and appurtenances thereto in anywise belonging perpetually
unto the CITY OF LUBBOCK, its successors and assigns, and any and a:l public
utilities now or hereafter franchised by the CITY OF LUBBOCK to use the City
streets and alleys for so long as the public uses the same for the purposes
herein granted.
WITNESS MY HA\m(S) this 17'�ay of September 1951
Luther Ad—s, Tr.
STATE OF TEXAS
COUNTY OF LUBBOCK 3
BEFORE ME, the undersigned authority, a 'rotary Public in and for said
County, Texas, on this day perscnall- appeared Lusher A•arns. Jr.
knou-w to me to be the person(s) wcaose nane(si
is (are) subscribed to the foregoing instrument, and acknowledged tc me that
he executed the same for the purposes and consideration therein
expressed.
19 81GIVEN UNDER MY HAND AND SE_kL OF OFF:CE this 17th day of Sep -ember ,
::otar?v?ublic, Lubbock County, Texas
Seed I_%
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