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HomeMy WebLinkAboutResolution - 2014-R0378 - Dedication Of Drainage And Public Access Easement - 11/06/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAI' the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Dedication of Drainage and Public Access Easement in connection with certain properties in Lubbock County, Texas, and all related documents. Said Dedication of Drainage and Public Access 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 ATTEST: Re eca Garro, City Secretary November 6, 20114 APPROVED AS TO CONTENT: d. R. Keith Smith, P.E., Director of Public Warks Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, City Attorney vw;ccdocs/RI S.Dedication of Drainage Easement March 25, 2014 DEDICATION OF DRAINAGE AND PUBLIC ACCESS EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use for so long as the public uses the same for the purposes herein granted, to wit: a drainage and public access easement, which easement shall include the right to construct, reconstruct, maintain, repair, clean and clew said property for the free and unobstructed drainage of surface water, together with the right of ingress, egress, and regress for such purposes, and for public access, in, on, along, through and across the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit A, hereinafter referenced to as "Property." THAT the CITY OF LUBBOCK shall have the right to set and determine the drainage grade and direction of flow of surface waters on the Property, and buildings or like permanent structures shall not be erected, built or constructed, or allowed to be erected, built or constructed in, upon, over, along or across the Property, and if such, erection, building or construction does occur in violation of the prohibition, the CITY OF LUBBOCK shall have the right to remove said building or structure from the Property. TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for a drainage and public access easement. WITNESS MY HAND this 6th day of November , 2014. GfPE. Ro r son, Mayor DEDICATION OF DRAINAGE EASEMENT Page I oft STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Glen C. Robertson, 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 as the act and deed of said City of Lubbock. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2014. 1I,n Not Public in and for the St to of Texas My Commission Expires: $ ATTEST: ,�0N ...ow') 9,. Rea eca Garza, City Secretary - y .'P of T P n) APPROVED AS TO CONTENT: fp, R. Keith Smith, P.E., Director of Public Works Dave Booher, Right -of -Way Agent APPROV. D AS TO FORM: Chad Weaver, 'Assistant City Attorney DEDICATION OP' D21 fNAGE EASEMENT Page 2 oft LAMM[ I wA' All that certain 0.41 acre tract or parcel of land out of Trac[ A, Milwaukee Avenue Pump Station Addition, an addition to the City of Lubbock, Texas asrecorded to Instrument 12006022298, Official Property Records of Lubbock County, Texas, said 0.41 .,are foot tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rad with rap inscribed "HR a ASSOC- (herein after referred to asa HUM cap) found in the West right-of-way line of Milwaukee Avenue at the Post Easterly Southeast corner of said Trac[ A, for the Southeast corner of this tract. THENCE N. 43. Ol' 50" W., a distance of 21.21 fee[ to a HUGO cap found for a corner of this tract. THENCE N. 88. 07' 50^ W., a distance of 325.00 feet to a HUM cap found for the Southwest corner of this tract. THENCE N. 01° 52' 30" E., a distance of 52.00 fee[ to the North line of .aid Tract A for the Northwest corner of this tract. THENCE S. 8B° OT' 50" E., a distance Of 325.00 t0 a corner of this tract. THENCE N. 46" 52' 10^ E., a distance of 21.21 feet to the Nest nigh[ -of -way line of said Milwaukee Avenue and to the moat Northerly Northeast corner of Tract A, for the Northeast carnet of this tract. THENCE S. 01° 52' 30" W. a distance of 82.00 feet to the POINT OF BEGINNING Bearings basetlon recorded subdivision plat of Milwaukee Avenue Pump Station Addition STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, that I, Cyril H. Turner, Registered COUNTY OF LUBBOCK . Professional Land Surveyor, do hereby certify that I did cause to be surveyed n the ground the above described tract of land, and to the best of my knowledge and belief, the said description is true and correct. IN WITNESS THEREOF, my hand end .ea 1, this the 4th day of March, A.O., 2014- 7,Pp6 � / / Ul- _ cYNIL HOWMOw1M1EA CyrXI H. Turner Registered Prof essional �O BS60oap j� Land Surveyor 16460 " SUfN�O OJD ENGINEERING, LP • LUBBOCK, TEXAS ' FIRMI101939E3