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HomeMy WebLinkAboutResolution - 2855 - Drainage Easment - TDHPT - Highway Purposes, Sec 18 Block S - 06_09_1988Resolution #2855 June 9, 1988 Item 13 JWF:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an instrument entitled "Drainage Easement for Highway Purposes" covering 0.631 acres, more or less, of land out of Section 18, Block S, Lubbock County, Texas unto the Texas State Highway and Public Transportation Commission and/or Department, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of June , 1988. B. C. McMIN1Y, MAYOR ATTEST: .,..,.., ., , ,., APPROVED AS TO CONTENT: `` -na = Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: J. rth Fullingim, Assistan City A rney Res. Bibb DRAINAGE EASEMENT FOR HIGHWAY PURPOSES THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLARS ($1.00) to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, do by these presents GRANT, BARGAIN, SELL and CONVEY unto the State of Texas an easement for highway purposes in, along, upon and across the following described property in the County of Lubbock, State of Texas, more particularly described as follows, to -wit: Being 0.631 acres, more or less, of land out of that certain tract of land situated in the County of Lubbock, Texas, being out of Section 18, Block S, Lubbock County, Texas, said 0.631 acres being more particularly described by metes and bounds as follows: BEGINNING at a point in the existing West right-of-way line of FM 835 at Station 263+77.06, said point being the Northeast corner of the proposed drainage easement; THENCE S. 00030/08/1 E., along the existing West right-of-way line of FM 835 a distance of 47.64 feet to a point; THENCE S. 56035/30/1 W., along a line being the Southern most line of said drainage easement, a distance of 674.12 feet to a point; THENCE N. 33024/30/1 W., along a line being the Western most line of said drainage easement, a distance of 40.00 feet to a point; THENCE N. 56035130/1 E., along a line of said drainage easement, point in the West right-of-way GINNING. line being the Northern most a distance of 700.00 feet to of FM 835 and the POINT OF BE - For the purpose of opening, constructing and maintaining a permanent channel or drainage easement in, along, upon and across said premises, with the right and privilege at all times of the Grantee herein, its agents, employees, and representatives to ingress and egress to and from said premises for the purpose of making any improvements, modifications or repairs which the State deems necessary. As a part of the grant hereby made it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said channel or drainage easement may be removed from the premises by the State and utilized in the construction and maintenance of the State highway system of Texas. TO HAVE AND TO HOLD for said purposes together with all and singular the right, privileges, and appurtenances thereto in any manner belonging unto the said State of Texas forever. IN WITNESS WHEaEQF, Grantors have caused this instrument to be executed on this day of1988. CITY OF LUBBOCK , B. C. MCMINN, MAYOR ATTEST: Rane tttee Boyd, City Secretar APPROVED AS TO CONTENT: Ed Bucy, Right- f-Way Agent APPROVED AS TO FORM: 4, 11VInIrk 11A& orth Fullingim, Assist V y Attorney ?71- THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared B. C. McMINN, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1988. 61 ` Notary Public, State of Texas My Commission Expires: MY COED �11SS!0N EXPIRES NOVEMBER 30, 1989 w, ()LIVIA R. SOLIS ......_. - 2 -