HomeMy WebLinkAboutResolution - 2769 - Right Of Way Offer-First National Bank-Overhead Utility Easement, B1 Edgar ADD - 03_10_1988Resolution #2769
March 10, 1988
Item #16
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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 that the public needs and welfare demand and create a public
necessity for the operation, improvement, expansion, extension,
construction, reconstruction, repair and maintenance of electrical
transmission and distribution lines, poles, braces, and guy wires and
necessary apparatus and appliances in connection therewith necessary to
the proper operation of the public electrical utility system owned and
operated by the City of Lubbock, Texas which requires the acquisition of
title in said City to an easement for such public municipal purposes,
together with rights of ingress, egress and regress in said City to
accomplish such purposes; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT title in the City of Lubbock, Texas, to an
easement in, upon, over, along, and across the hereinafter described real
estate located in the City of Lubbock, Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the preamble
hereof to -wit:
BEGINNING at the Northeast corner of Block 1, Edgar Addition
to the City of Lubbock, Lubbock County, Texas. Same point
also being on the West R.O.W. line of I-27 and the South
R.O.W. line of Duke Street and being further described as
follows:
THENCE S. 06*01'44" E. along the West R.O.W. line of I-27,
and the East lot line of Block 1, Edgar Addition a distance
of approximately 41.48 feet to a point;
THENCE N. 42"39'22" W. a distance of approximately 29.75 feet
to a point which bears N. 87°39'22" W. a distance of 15.00
feet and S. 02°20'38" W. a distance of 20.00 feet from the
Northeast corner of Block 1, Edgar Addition;
THENCE N. 87°39'22" W. parallel to the South R.O.W. line of
Duke Street, a distance of approximately 715.00 feet to a
point on the West lot line of Block 1, Edgar Addition and the
East line of an existing 75.00 foot wide utility easement;
THENCE N. 02°20'38" E. along the West lot line of Block 1,
Edgar Addition, a distance of 5.00 feet to a point for the
beginning of a 15.00 foot radius curve to the right;
THENCE along the 15.00 foot radius curve to the right a chord
distance of 21.21 feet to a point on the South R.O.W. line of
Duke Street;
THENCE S. 87°39'22" E. along the South R.O.W. line of Duke
Street and the North lot line of Block 1, Edgar Addition a
distance of approximately 715.00 feet to the POINT OF BEGIN-
NING.
SECTION 2. THAT the owner of said land, being First National Bank
at Lubbock, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $3,000.00, which is the amount appraised as the
value and total damages for the acquisition of title to an easement in
said City 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 authorized and instructed to institute condemnation
(eminent domain) proceedings to acquire the Easement title to said land
as hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 10th day of March , 1988.
B. C. McM NN, MAYOR
APPROVED AS TO CONTENT:
Ed Bucy, Right, -of -Way Agent
APPRO ED AS TO FORM:
lu 16"A)
jCitAttorney
h u ingim, ssistant
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CONSTRUCTION AND OVERHEAD ELECTRICAL UTILITY EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT FIRST NATIONAL BANK at Lubbock acting by and through
its undersigned officer hereunto duly authorized, herein called
"GRANTOR", for and in consideration of the sum of TEN AND N0/100
DOLLARS ($10.00) to GRANTOR 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 con-
fessed, and for the further.good and valuable consideration in
benefits accruing and to accrue to the remainder of GRANTOR'S
property, has by these presents GRANTED, BARGAINED, SOLD and CON-
VEYED and by these presents does 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 perma-
nent easement, the free and uninterrupted use, liberty of passage
over all that property lying and being situated in Lubbock
County, Texas, and being more particularly described as follows,
to -wit:
BEGINNING at the Northeast corner of Block 1, Edgar Addition
to the City of Lubbock, Lubbock County, Texas. Same point
also being on the West R.O.W. line of I-27 and the South
R.O.W. line of Duke Street and being further described as
follows:
THENCE S. 06001144" E. along the West R.O.W. line of I-27,
and the East lot line of Block 1, Edgar Addition a distance
of approximately 41.48 feet to a point;
THENCE N. 42039'22" W. a distance of approximately 29.75
feet to a point which bears N. 87039122" W. a distance of
15.00 feet and S. 02020138" W. a distance of 20.00 feet from
the Northeast corner of Block 1, Edgar Addition;
THENCE N. 87039122" W. parallel to the South R.O.W. line of
Duke Street, a distance of approximately 715.00 feet to a
point on the West lot line of Block 1, Edgar Addition and
the East line of an existing 75.00 foot wide utility ease-
ment;
THENCE N. 02020'38" E. along the West lot line of Block 1,
Edgar Addition, a distance of 5.00 feet to a point for the
beginning of a 15.00 foot radius curve to the right;
THENCE along the 15.00,foot radius curve to the right a
chord distance of 21.21 feet to a point on the South R.O.W.
line of Duke Street;
THENCE S. 87039'22" E. along the South R.O.W. line of Duke
Street and the North lot line of Block 1, Edgar Addition a
distance of approximately 715.00 feet to the POINT OF BEGIN-
NING.
for the purposes of erecting, constructing, reconstructing, re-
pairing, inspecting, patrolling and maintaining an overhead elec-
trical transmission and distribution line, granting unto the
City, its successors and assigns, the right to place its trans-
mission lines and wires over the GRANTOR'S property. GRANTOR
shall not place any permanent structures within said easement
which will interfere with the use thereof. The real estate here--:
inabove described is not used, claimed or occupied as homestead
of any character.
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The CITY OF LUBBOCK, its successors and assigns shall have
the right of ingress and egress over the adjacent lands of
GRANTOR to and from the easement or right-of-way for the purpose
of constructing, reconstructing, repairing, inspecting, pa-
trolling, maintaining, adding to or removing power lines, the
right to remove all trees, or parts thereof, or other obstruc-
tions which might endanger or interfere with the operation,
safety or efficiency of the power lines.
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 suc-
cessors and assigns, to the uses and under the conditions herein -
above stated forever.
WITNESS THE EXECUTION OF THIS INSTRUMENT this day of
42 A-yc d , 1988.
FIRST NATIONAL BANK AT LUBBOCK
BY: ZL j• ��✓
Its:
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally
appeared PENE 7- WiLLTfgrns , El<ecLr,IvE ulcE Pqc-s,oEoi i (title)
of the First National Bank at Lubbock, known to me to be the per-
son whose name is subscribed to the foregoing instrument, and ac-
knowledged to me that he/she executed the same for the purposes
and consideration therein expressed and in the capacities therein
stated as the act and deed of said First National Bank at
Lubbock.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1044 day of
Yhi Ap( W . 1988.
J ,
NIL Notary Public, Lubbock County, Texas
My Commission Expires:
r 0W420 WIC. S- �uC„� ,
STATE Of TEXAS --
COUNTY OF LUBBOCK —.
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8 3 �, ,�R ► I A: 0 7 MAR II 198s
COUNTYCLERK
1USSOCK COUNTY. TEXAS
,. 7unfr Gerk, Lu Lboclr Canty, Tnxat
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