HomeMy WebLinkAboutResolution - 3812 - Easement & Right Of Way Instrument - SWPSC - Overhead Poweline, PW Subdivision - 02_13_1992February 13, 1992
Item #25
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 "Easement and Right -Of -Way" for an electrical power line in favor
of Southwestern Public Service Company located in part of Phyllis Wheatley
Subdivision to the City of Lubbock, Lubbock County, Texas, 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 13th day of February , 1992.
B. C. McMAYOR
, city 5ecremary
APPROVED AS TO CONTENT:
Ed Bucy, Right -Of -We Agent
APPROVED AS TO FORM:
tt Fuiiingim, Assistan
ney
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February 13, i991
Item #25
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EASEMENT AND RIGHT-OF-WAY
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock, a home rule city located in
Lubbock County, Texas, (herein called "City") needs to expand its
sewerage treatment plant over upon a portion of area of land upon
which the City previously granted an Easement and Right of Way
across property owned by the City unto Southwestern Public
Service Company, a New Mexico Corporation with its principal
office in Amarillo, Texas, (herein called "SPS") for an electric
power line owned and operated by SPS, said Easement instrument
being recorded in Volume 636, Page 363 of the Deed Records of
Lubbock County, Texas, reference to which record is made for all
pertinent purposes; and,
WHEREAS, the enlargement of the sewerage treatment plant
over upon a portion of the aforesaid easement necessitates the
relocation of some of the existing SPS electrical power line
located in said easement to another location; and,
WHEREAS, the public street to the immediate south of Phyllis
Wheatley Subdivision to the City of Lubbock, Lubbock County,
Texas, is too narrow for feasible relocation of said portion of
SPS electrical power line to such narrow public street where a
City electrical power line already exists in such narrow public
street; and
WHEREAS, because of the conditions next -above described it
is necessary to delineate a new area immediately to the north of
said street where SPS can relocate its poles as a franchised
utility pursuant to Franchise Ordinance No. 8341 amended by
Ordinance 9329 granted by City to SPS subject to the terms of
such franchise to be located in a new Easement and Right -of -Way
as hereinafter set forth; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
I.
As part of the consideration for the relocation by SPS of a
portion of its existing electrical power line as requested by the
City to a new easement from the existing easement as aforesaid,
such new easement as hereinafter granted being a new delineated
area subject to the terms of the said Franchise because the
narrow street to the South cannot feasibly accommodate another
power line (as hereinabove set forth); for such consideration the
City of Lubbock has this date granted, sold, and conveyed unto
SPS, its successors and assigns, an easement and right-of-way for
an electrical power line for so long as such easement and right-
of-way is used by SPS for such purposes pursuant to its said
Franchise from City upon and across land owned by the City and
described as follows:
The South 20 feet of Lots 11 and 12, Block 15, and the South
20 feet of -Lots 11 and 12, Block 16, Phyllis Wheatley Subdivision
an addition to the City of Lubbock, Lubbock County, Texas.
II.
The electric power line will consist of a variable number of
conductors or wires, insulators, crossarms, and all other
necessary and desirable power line devices, attached to,
supported from, and a part of the necessary structures consisting
of a variable number of wood, steel, or other metal members of
poles, props, guys, and anchors.
SPS, by the acceptance of this easement, agrees that it will
indemnify and hold harmless the City against any and all damages,
damage suits, or claims which may be mace against the City and
which arise from the operation, maintenance, and construction of
the electric power line upon the herein granted easement.
IV.
SPS has the right to remove all trees, branches, or other
obstructions which might endanger or interfere with the
operation, safety, or efficiency of Utility Facilities on the
Property on which the Easement is located.
V.
SPS will install and maintain Utility Facilities on the
Property on which the Easement is located according to the
National Electric Safety Code in effect at the time of
installation.
VI.
City will have the right to use the Property for any
purposes consistent with the rights granted to SPS by the
Easement, if City's use does not endanger or interfere with SPS's
use of the Easement.
VII.
The address of Grantee (SPS) is P. 0. Box 1261, Amarillo,
Texas 79170.
EXECUTED this
1�rr'rrri� ��•
13th day of February , 1992.
ATTEST:
'�'Rane to Boyd, City Sec etary
APPROVED AS TO CONTENT:
-.� (5,
Ed Bucy, Right f-Way Agent
STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK jam,
By:
/6. C. McMINN, MAYOR
JAPPVE AS TO FORM:
rth Fullingim,
tant City Attorney
BEFORE ME, the undersigned authority, personally appeared
B. C. McMINN, Mayor of the City of Lubbock, and acknowledged to
me that he -executed the above and foregoing instrument for the
consideration therein expressed and in the capacity therein
stated qs the act and deed of the City of Lubbock this t3 — day
of , 1992.
v0L iti nt [t• SOUS
�1 NOTARY PU6LIC. S:a:e of Texas R
r�• hSS Commission Expires ` Notary Public in and for
ti „ sc'«",}• ).NOVEMBER 30, 1993' the State of Texas
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