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Home My WebLink AboutResolution - 2024-R0292 - Water Line Ease. Deed, Tract “A” Country Gardens Add., Wausau/Upland Ave - 06/25/2024Resolution No. 2024-R0292 Item No. 6.7 June 25, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to accept for and on behalf of the City of Lubbock a Water Line Easement Deed in connection with certain real property located in Tract "A" of Country Gardens Addition to the City of Lubbock, Lubbock County, Texas, and all related documents. Said Deed is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on June 25, 2024 ATT ST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: . Amy L. S' , Deput orney RES. Waterline Easement- Tract A Country Gardens Addition Resolution No. 2024-R0292 CITY RIGHT OF WAY COUNTER FILING T[iE STATE OF TEXAS COUNTY OF LUBBOCK � xe2am��saa s pds �ase �.v�ll.l�'� �'��.��.1��1��11ll1, , WA"t'ER LINE EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Country Gardens, L. L. C., being the owner of the hereinafter described property, for and in consideration of the sum of TEN AND NOI100 DOLLARS ($10.00) and other good and valuable consideration received from the CITY OF LUBBOCK, a Home Rule Municipal �orporation of Lubbock County, Texas, the receipt of �vhich is hereby acknowledged and confessed, and the further consideration of the benefits to be derived by Grantor, has this day GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL And CONVEY to the CITY OF LUBBOCK, for the benefit of the public and the City of Lubbock and its franchisees, a non-exclusive ten foot (10') wide permanent and perpetual underground water line easement for municipal water lines which includes the right to construct, reconstruct, repair and perpetually maintain any and all types of water lines with the rights of ingress, egress and regress at any and all times, in, on, under, along and across a strip of land ten feet (10') in width (the "Easement,") on that certain tract of land, located in a portion of Section 31, Block AK, Lubbock County, Texas, being further described by metes and bounds description in Exhibit "A" To Water Line Easement attached hereto and incorporated herein by reference for all purposes. In order to assure the C[TY OF LUBBOCK, its successors and assigns, of continuing access, use and enjoyment of the Easement, Grantor expressly agrees not to erect, build or otherwise allow to be constructed any building or other permanent structure upon or over the Easement Tract, and should such building or structure be erected, it is understood that the CITY OF LUBBOCK may remove the building or structure from the Easement Tract. The Easement granted and conveyed by this instrument is to be used for the purpose stated herein, and fee title to the easement tract and all mineral interests are reserved by Grantor, Grantor's successors and assigns, subject to such easement. TO HAVE AND TO HOLD the above-described premises together with all and singular, the rights and appurtenances in anywise belonging, perpetually to the City of Lubbock, together with the rights and privileges at any and all times to enter said premises or any part thereof for the purposes and uses herein stated forever so long as same is used for the purpose herein stated and upon termination of such uses same shall revert to grantor or its successors or assigns. The Water Line Easement and appurtenant rights granted herein shall run with the land, and shall bind Grantor, Grantor's, successors and assigns, and�ll other persons now owning or hereafter acquiring any interest in the easement tract. EXECUTED this hCi day of STATE OF TEXAS COUNTY OF LUBBOCK Zo2a. Country Ga dei BY: Alex C. Sc L... G!�✓' rou , Author' nber This instrument was acknowledged before me on y0, 2024, by Alex C. Scarborough, as Authorized Member, of Country Gardens, L.L.C., a Texas limite liability company, on behalf of and as the act of the company. ^ � � � � � ��R'� °�e R PAUL OBRIANT _° � Notary ID #11110576 Notaiy Public, State of Texas �. � My Commission Expires '�'oF� February 4, 2026 :�.�.�=..,n,�... � ��u� �'� %��h� .� � �� Ll�E:39:9: ��L?�.�s yi� i%�.��''"!lW1�IL'�.....�t11�91�... � • . - ■- HUGO REED AND AS50CIATES, INC. 1601 AVENUE N/ LUBBOCK, TEXAS 79401 / 806176J-5842 / FAX 8081783-7897 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXA3 LICENSED SURVEYING FIRM 100878-00 [� t.tL:3Yril_lY METES AND BOUNDS DESCRIPTION of a 0.0146-acre tract of land, being a portion of Tract "A", Country Gardens Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2024003896 of the Official Public Records of Lubbock County, Texas, said 0.0146-acre tract being further described as follows: BEGINNING at a point at an "ell" corner of a 10 foot Water Line Easement, as granted by plat recorded under County Clerk File Number (CCFN) 2024003896, Official Public Records of Lubbock County, Texas (OPRLCT), for the Southeast corner of this tract, which bears N. 88°10'11" W. a distance of 250.91 feet and N. 01 °49'49" E. a distance of 327.05 feet from a 1/2" iron rod found at the Southeast corner of Tract "A", Country Gardens Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded under CCFN 2024003896, OPRLCT; THENCE S. 55°46'15" W., along the Western boundary of said 10 foot Water Line Easement, a distance of 127.00 feet to a point for an "ell" corner of said 10 foot Water Line Easement and the Southwest corner of this tract; THENCE N. 34°13'45" W. a distance of 5.00 feet to a 60-penny nail set for the Northwest corner of this tract; THENCE N. 55°46'15" E. a distance of 127.00 feet to a 60-penny nail set in the Western boundary of said 10-foot Water Line Easement, for the Northeast corner of this tract, whence a 3/8" iron rod found at the Northeast corner of said Tract "A", bears N. 55°46'15" E. a distance of 10.00 feet and N. 34°13'45" W. a distance of 419.70 feet; THENCE S. 34°13'45" E., along the Western boundary of said 10-foot Water Line Easement, a distance of 5.00 feet to the Point of Beginning. Contains: 635 square feet Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, (2011, epoch 2010.0). Surveyed on the ground, March 4, 2024 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas '�P��'�F' T�"�9 �.�G�S 7F,Q.r.�f' r� � �'� : ...:....... « ...................... R08ERT A. CHRISTOPHER ;..� �....5167.......r..... � .r d � I 1 '� � � � � � � � w� a, o � � � � � � � � r � M I � O I � �� V � � � �A 'p I � � � � I A � � � � � � � � y � � � � I a, � � � �� 1 � � � , y � ' y-' i � �'r ��:`. �,._ _� � y . J'F. � •. _ � a �,7= r:# . . .:�-_- I �Q+�.� _,ry , . . i .-., , 6 = .. ''� '��`�� S' � ' �� w. .��'�; �. 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