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HomeMy WebLinkAboutResolution - 2000-R0026 - Easement - Southwestern Bell Telephone Company - Equipment Station, Elgin Avenue - 02/10/2000Resolution No. 2000-R 0026 February 10, 2000 Item No. 24 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 For Equipment Station" located in the Elgin Avenue Subdivision Addition to the City of Lubbock, Lubbock County, Texas unto Southwestern Bell Telephone Company. Said instrument 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 this 10th day of February , 2000. Max Ince, Mayor Pro Tem ATT ST: L, ", Ka i Darnell, City Secretary APPROVED AS TO CONTENT: c� Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs:ccdocs/Elgin Ave Subdivision Addn.res January 25, 2000 (0 Southwestern Bell Trelej)fjone sw-8536F_t j4-52) Resolution No. 2000—R 0026 February 10, 2000 Item No. 24 EASEMENT THIS EASEMENT, entered Into by the undersigned, herein referred to as GRANTORS, and SOUTHWESTERN BELL TELEPHONE COMPANY, GRANTEE, wherein GRANTORS, In consideration of the sum of Ten and no/100 -------------------- Dalers, (; 10.00 ).,and other valuable consideration, reeelpt of which Is hereby aaMowiedged, do by these preeents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE. its associated and allied companies, Its and their respective successors and assigns, a permanent easement to construct, operate, maintain, Inspect, replace and remove telephone apparatus cabinets, concrete pads, anchors, buried telephone conduits and cables, aerial cables and all appurtenances thereto, as may be required by Grantee from time to time. upon, over and under Grantors' land, situated In Lubbock County, Btate of Texas , and described as follows: All that certain tract, piece or parcel of land, lying and being situated in the County of Lubbock, State of Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes, to which reference is made for a more particular description of said property. TO HAVE AND TO HOLD same, with all rights and appurtenances to the same belonging, unto Grantee, its successors and assigns. until the use of the easement Is relinquished or abandoned, Including (1) the right of Ingress and egress to and from the easement by reasonable routes across Grantors' property, and (Z) the right to clear and trim trees, overhanging branches, roots, brush and other obstructions In the easement. Grantee, its successors and assigns, #MR repair said restore the property and pay for damage to crops and other property following construction and maintenance work. Grantors warrant that they are the owners of the land hen conveyed, t)teG ht i'�i t�nowiedg6'ef environmental hazards affecting the land, except those disclosed to Cirantae, they have the right to nuke this 'bbflvey8-NO and receive the payment therefor, and Grantors covenant that Grantee, its successors and assigns, may quietly sn)oy the premises for the uses herein stated. Grantor agrees to hold Grantee harmisse for RabRlty arising born undisclosed environmental hazards. Signed and executed this 10th day of February 4SX.2L, 2000 Witness. Max Ince, Mayor Pro Tem Kaythie D ell, City Secretary Execute acknowledge nt on reverse slde Mailing address of Grantee: Southwestern Bell Telephone Company 1616 Guadalupe Room 503 Austin, Texas 78701 ACKNOWLEDGEMENT STATE OF COUNTY OF BEFORE ME. the undersigned authority, on this day personalty appeared , known to me to be the persons whose name/s Islero subscribed to the foregoing Instrument, and acknowledged to me that he/she/they executed the came for the uses, purposes and considerations therein expressed as hie/her/their free and voluntary act and deed. Given under my hand and seat of office this the day of A.D. 18 Notary Public, My Cont►tdsslon Expires STATE OF COUNTY OF BEFORE ME, the undersl ned authority, on this da g Y y personalty appeared known to me to be the person/s whose name/6 le/aro subscribed to the foregoing Instrument, and acknowledged to me that ho/she/they executed the same for the uses, purposes and considerations therein expressed as hietherltheir free and voluntary act and deed. Given under my hand and seal of office this the day of . A.O. 18 Notary Public, My Commission Expires CORPORATION ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared WffiN /4t" j,. ZV0t , known to me to be the person whose narn is subscribed to the foregoing Instrument, and upon being duly sworn did state and acknowledge that)%/she h the MAYOR /�iP„ 0 %EAl of the CITY OF LUBBOCK . a corporation organized under the laws of the State of TEXAS , and thatMfoha executed the foregoing Instrument In the capacity stated under authority ofthe CITY COUNCTLand had affixed thereto the corporate coal for the uses, purposes and considerations therein expressed as the free and voluntary act and deed of the corporation. Given under my hand and coal of office this the ofA.D.XtAX 2000 �_;a�*aANDREABEU. = pobWkPA8W01Tem Notary Public. � �y, oF_4 WlyCommisstontamirnsQ625oi My CarrxNssion Expires 41a-��0! PLAT SHOWING SURVEY OF A PROPOSED 20'x 20' EASEMENT LOCATED dJ LOT 1 ELGIN AVENUE' SUB ADDITION TO THE CITY OF LUDDOCK, LUDDOCK COUNTY, TEXAS AND BOUNDS description of a proposed 20 x 20 foot easement being a portion of Lot 1, Elgin Sub Addition, located in Section 13, Block B, Lubbock, County, Texas, being further described as BEGINNING at a IA" rod with cap set for the Northwest corner of this tract, which bears South 96S.00 feet and East 147.50 feet from the Northwest comer of the Southwest Quarter of Section 13, Block B; THENCE East, along the North line of Lot 1, Elgin Avenue Sub Addition, a distance of 20.00 feet to a 1R" rod with cap set for the Northeast comer of this tract; THENCE South a distance of 20.00 feet to a U2" rod with cap set for the Southeast corner of this tract; THENCE West a distance of 20.00 feet to a 1/2" rod with cap set in the East line of a 20' alley for the Southwest corner of this tract; THENCE North, along said alley line, a distance of 20.00 feet to the Point of Beginning. CONTAINS 400 SQ. FT. Certified correct. January 18, 2000 Daniel E. Martinez Registered Professional Land Surveyor No. 4515 State of Texas WARNING This plat is invalid unless it bears an original signature across the seal. cXH 18 rT `A " BLOCK Co w GREEN ACRES l it ADDITION Z LOT 8 20' ALLEY LOT I ELGIN AVE. 51,16 ADDITION SCALE : 1"-30' CONT20L MONUMENTS AS FOUND 4 SHOWN FENCES A5 SHOWN. O — F0. 3/8" 200 I • — F0. 1/2" 200 w/GAP 200107 — VJG TH15 POINT 5EA125 5. 965.00' AND EAST 172.50' FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 13, 5LOCK 6 LOT 9 20'x20' PROPOSED SWDT EASEMENT