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Home My WebLink AboutResolution - 2020-R0067 - Underground Utility Easement - Suddenlink - 02/25/2020 (2)Resolution No. 2020-R0067 Item No. 7.11 February 25, 2020 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 execute for and on behalf of the City of Lubbock, an Underground Utility Easement in connection with certain real property located in Section 10, Block E-2, Lubbock County, Texas, by and between the City of Lubbock, a "Texas Horne Rule Municipal Corporation, and Cequel Communications, LLC, d/b/a Suddenlink Communications of Bethpage, New York, and all related documents. Said Easement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 25, 2020 DANIEL M. POPE, MAYOR ATTEST: A---f ecca Garza, City Se retar APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: R an ooke, Xss tint City Attorney RES.UUE-COL to Suddenlink 2.10.20 of 2020009432 7 PCS EASE p , rrr„;?p„„^ n wp. n\Iirwr-raflu iResolution No. 2020-R0067 UNDERGROUND UTILITY EASEMENT-SUDDENLINK THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the CITY OF LUBBOCK, herein called "GRANTOR" for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, to Grantor in hand paid by CEQUEL COMMUNICATIONS, LLC, d/b/a SUDDENLINK COMMUNICATIONS ("SUDDENLINK") of 1111 Stewart Ave., Bethpage, New York 11714, the receipt and sufficiency of which is hereby acknowledged and confessed, 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 CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto SUDDENLINK, its legal representatives, successors and assigns, a perpetual and pemianent underground utility easement, the free and uninterrupted use, liberty of passage in, on, over, upon, along, under and across all that property lying and being situated in the County of Lubbock, State of Texas, and being more particularly described in the attached Exhibit "A." Together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining a fiber optic line and related equipment, which easement includes at all times and seasons the right of ingress, egress and regress of personnel engaged either in such construction, reconstruction and repair. In order to assure SUDDENLINK, its successors and assigns of continuing access and enjoyment of said easement, the said GRANTOR does hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like pennanent structure over the said property heretofore described, and should such building or stmcture be erected, it is understood that the said SUDDENLINK shall have the right to remove said building or structure from the premises. In the event SUDDENLINK is forced to remove or seek removal of the building or structure from the premises, SUDDENLINK shall have the right to seek just and equitable compensation from GRANTOR. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto SUDDENLINK, its successors and assigns. WITNESS THE EXECUTION OF THIS INSTRUMENT this 25th day of February 2020. GRANTOR: CITY OF LUBBOC By: DANIEL M. POPI, MAYOR ATTEST: Re Ica Garza, City SO Lary APPROVED AS TO C'ONTENT: Michael �Kee�num, P.E., Division Director of Engineering/City Engineer Belen Gomez, Right -of -Way A APPROVED AS TO FORM: UNDERGROUND UTILITY EASEMENT CITY OF LUBBOCK to SUDDENLINK 4 � .. �) Y i �' i �� 1 > �.� � � 4 J. 1. II �Y 111 THE STATE OF TEXAS COUNTY OF LUBBOCK The foregoing instrument was acknowledged before me on the a �J 20, by DANIEL M. POPE, Mayor of City of Lubboc I) moo,"R" ° JENNIFER SOWDER CLEMENTS Notary Public, State of Texas Notary IN 12497068.3 oF1�+P= My Commission Expires 06-28.2020 Easements/UUE-COL and Suddenlink 2.10.20 day of Notary)Pdblic, St to of Texas Printe Name: �� -kv- Commission Expires: (g -, r/1124) � UNDERGROUND UTILITY EASEMENT CITY OF LUBBOCK to SUDDENLINK SCALE : I"=100' CONTROL MONUMENTS AS FOUND 81 SHOWN o - FD. 5/8' ROD ® - FD. 1/2" ROD w/CAP "HRA'' o - FD. 3/$:' ROD o - FD. I/2 ROD o - SET 1/2" ROD w/CAP "HRA" ®- CUT Y' IN CONCRETE 191564 / SLG (TCW) S87°48'12"E 227.IS PERIMETER SURVEY OF A CERTIFICATION TO: 0.1404 ACRE TRACT LOCATED IN Double T Cable Services, Inc. ONLY �j TTKA�C/T�"A" L��®� 1�L1V1®�� pARI L Brent Carroll, Texas Registered Professional Land Surveyor No. 5410, do hereby certify that this survey was made on the ground. A determination as AN ADDITION TO THE CITY OF LUBBOCK to whether this property lies within a special flood LUBBOCK COUNTY, TEXAS hazard area was not made for this survey. ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED October 17, 2019 THEREOF RECORDED IN VOLUME 1687, PAGE 645 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS AND INN SECTION rT10 BLOCK —2 Brent Carroll Registered Professional Land Surveyor LUBI3OCK COUNTY, TEXAS No. 5410 State of Texas email: bcarroll(ailhugoreed.com Tloct e;q " L eroy Elmore Pork P/o Reroreed VW 1687 Pg. 645 POINT OF BEGINNING THIS POINT BEARS NOO'OSW 24.05' FROM THE SOUTHWEST CORNER OF TRACT"A", LEROY ELMORE PARK 0 q s SECT/ON /0 & OCK E -2 Rqc S/" Fp NOT SU80/lrI0E0 �S7o 09,, L77-Y Of L U380aC PROPER iY �c` V,/ 1165, Pg. 230 O 0 py �Y c v'es r o p 2p, Tiocf S3SS G /TY Ou®ker Heights Addl'fibn P1o1 Recorded Vbl 1405, Pg. 623 T S7204'19 e.sa, e to _ N Lo LO O — O CITY PARK M� -� n0 roh "� Ou®ker Heights Addition PW Recorded W. 1483, Pg. 23/ py EXHIBIT ] HU O REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806-763-5642 / FAX 806-763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of a 0.1404 acre tract located in Tract "A", Leroy Elmore Park, an Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1687, Page 645 of the Deed Records of Lubbock County, Texas and in Section 10, Block E-2 Lubbock County, Texas, being further described as follows: BEGINNING at an "x" cut in concrete set in the Western boundary of said Tract "A", for the Southwest comer of this tract which bears N. 00°03' W. a distance of 24.05 feet from a 1/2" iron rod with cap marked "HRA" found at the Southwest corner of said Tract "A"; THENCE N. 00°03' W., along the Western boundary of said Tract" A", a distance of 10.01 feet to an "x" cut in concrete set for the Northwest corner of this tract; THENCE S. 87048'12" E. a distance of 227.13 feet to a 1/2" iron rod with cap marked "HRA" set for a comer of this tract; THENCE S. 51 °40'09" E. a distance of 365.20 feet to a 1/2" iron rod with cap marked "HRA" set for the Northeast comer of this tract; THENCE S. 28018'35" W. a distance of 39.70 feet a 1/2" iron rod with cap marked "HRA" set in the Northern boundary of Tract "H", Quaker Heights Addition, to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1483, Page 231 of the Deed Records of Lubbock County, Texas, for the Southeast corner of this tract: THENCE N. 00011'59" E., along the Northern boundary of said Tract "H", a distance of 15.62 feet to a 1/2" iron rod with cap marked "HRA" found at a corner of said Tract "H" and a corner of this tract; THENCE S. 72"04' 19" E., along the Northern boundary of said Tract "H", a distance of 2.68 feet to a 1/2" iron rod with cap marked "HRA" set for a corner of this tract; THENCE N. 28018'35" E. a distance of 18.02 feet to a 1/2" iron rod with cap marked "HRA" set for a corner of this tract; THENCE N. 51 °40'09" W. a distance of 353.55 feet to a 1/2" iron rod with cap marked "HRA" set for a corner of this tract; THENCE N. 87048'12" W. a distance of 223.50 feet the Point of Beginning. Contains: 6,116 square feet Bearings are relative to the Western boundary of Tract "A", Leroy Elmore Park, previously surveyed and recognized as being N 0000 ' W Surveyed on the ground October 17, 2019 Brent Carroll Registered Professional Land Surveyor No. 5410 State of Texas Email: bcarroll(cihugoreed.com SHEET 2 OF 2 N Proposed 10' Wide Underground Utility Easement for Suddenlink Located in Tract A, Leroy Elmore Park, �� and Unsubdivided Land Northeast of Quaker Heights Addition in :S61 731 '�+ Mt 731 Section 10, Block E2 e l�P LUJ Feet 0 E•00 1,000 2,000 3.000 ('ilr nl . egjr-a3 CmazzD51;x�ax�-,.TO--T?3Ju'Y-.e30*fYe•'.COO' 715x.�x,$tr � a:o„D Lubbock XrI-;^a:n,74-- re7+ Or,*SJMV-Ve.33.era'�r=narsr�;*)o�rx7es:ox= r.reyp�:an o�nannysn�rsrtlrexem Tsx}'e o ra'.3:e 33mo-xaxr: 13tes T:;i FILED AND RECORDED OFFICIAL PUBLIC RECORDS c:. i Kelly Pinion County Clerk Lubbock Counicy TEXAS 03/05/2020 04:64 PM FEE: $46.00 2020 09432