HomeMy WebLinkAboutResolution - 904 - Right Of Way Offer-Robert E. Noble-Street Light Cable Easement, Clutter 2Nd Add - 09_10_1981RESOLUTION 904 - 9/10/81
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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 West 2 feet of Lot 16, Block 8, Clutter 2nd Addition to the City of
Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said land including Robert E. Noble and j
wife Gladys Noble, 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 andj
total damages for the acquisition of said title to a street light cable ease-
ment as hereinabove described for the purposes herein stated, for the use and
benefit of the City of Lubbock, located in Lubbock County, Texas, and unless
accepted forthwith the City Attorney of said City of Lubbock is hereby authorizil
and instructed to institute condemnation (eminent domain) proceedings to acquirl
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 of r m ,1981.
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____ ILL c ISTER, MAYOR
ATTEST-: .
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Evely_n--Ga fga, City Secr4W-Treasurer
APPR ED AS TO FORM:
J orth Fullingim, Assistant ty Attorney
ROVED AS T CON^TENT,:
Tom Nivens, Right -of -Way Agent
RE: Resolution 904 , 9/30/83 - -
Purchase of Lot 16, Blk. b Clutter,2nd Addn., Between
Ivory and King on E. 37th.
FOR: Street light easement FROM: Robert E. Noble et ux
The original Warrant)• Geed, or a copy there of, 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.
EVELYN GAFFGA
City Secretary
RE: Resol tion 904 §/1 /83_. _. _ _. .....
Purch a of Lot l i B1k. Clutter 2nd Addn., Between
and King on E. 37th.
FOR: Street light easement FROM: Robert E. Noble et ux
The original Warranty [geed, or a copy there of, 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.
EVELYN GAFFGA
City Secretary
Nov OC/jy 9 �g8j
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��UNDERGROUA'D STREET LIGHT CABLE EASEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRES7_11,=S:
COUNTY OF LUBBOCK §
THAT srS r Nob1,
of Lubbock County, Texas, -for and in consideration ut the sum of ONE AND
N01100 DOLLARS ($1.00), to _ t1m in hand paid by the CITY OF LUBBOCK, a
Home Rule Municipal Corporation of Lubbock County, Texas, the receipt and
sufficiency of which is hereby acknowledged and confessed for the further good
and valuable consideration in benefits accruing and to accrue to the remainder
of his property have (has) by these presents GRANTED, BARGA-2NED,
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 west 2 feet of Lot 16, Block 8, Clutter 2nd Addition to the City
of Lubbock. Lubbock County. Texas.
allowing but not limited to, laying, constructing, reconstructing, repairing
and perpetually maintaining an underground street light cable and which easement
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 CITY OF LUBBOCK, its successors and assigns
of continuine access and enjoyment of said easement, the said Robert . otle
_ does (do) hereby expressly agree not to
erect, build or otherwise allow to be constructed any building or like permanent
structure over the said property heretofore described and should such building
or structure be erected, it is understood that the said CITY OF LUBBOCK 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 all 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 y� HAND(S) this 2} ay ofptPmhe.. 19_.
Robert E. Noble
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
Count-. Texas, on this day personally appeared Robert E. Noble
known to me to be the person(s) whose names)
is (are) subscribed to the foregoing instrument, and acknowledged to me that
they executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SF_kL OF OFFICE this �7th day of September
1981 -- - -
Notary Public, Lubbock County, Texas
My gommission Expires: ��