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HomeMy WebLinkAboutResolution - 2000-R0027 - Easement - Southwestern Bell Telephone Company - West Side Addition - 02/10/2000Resolution No. 2000—R0027 February 10, 2000 Item No. 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 For Equipment Station" located in the West Side 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 loth day of February , 2000. Max Ince, Mayor Pro 'Tem ATTEST: Kayt 'e arnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Ag APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gsxcdocs/West Side Addn.res January 25, 2000 n Southwestern Belt Telephone SW -9336F -t la -ti Resolution No. 2000—R 0027 February 10, 2000 Item No. 25 EASEMENT THIS EASEMENT, entered Into by the undersigned, haraln referred to as GRANTORS, and SOUTHWESTERN BELL TELEPHONE COMPANY, GRANTEE, wherein GRANTORS, In consideration of the sum of -------------------.-- Ten and no/100 -------------------- Dollars, li 10.00 1. and other valuable consideration. receipt of which Is hereby acknowledged. do by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto ©AANTEE. its associated and allied companies, its and their respective successors and asslons, 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, stats 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 andmade 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 radnquished or abandoned, Including (1) the right of Ingress and ogress to and from the easement by reasonable routes across Grantors' property, and (2) the right to clear and trim treat, overhanging branches, roots, brush and other obstructions In the easement. Grants*, its successors and assigns, shall repair and restore the property and pay for damage to crops and other property following construction and maintenance work. Grantors warrant that they are the ownars of the land hate conveyed; they have no 'W' 400 of onvlronmental hazards aRectine the land, except those disclosed to Grantee, they have the right to make this oonVey anoa 1iisd receive the payment therefor, and Grantors covenant that Grantee, Its successors and see", may quietly orday the premiess for the uses herein stated. Grantor agrees to hold Grantee harmiss• for liability aMsing from undisclosed anvironmemal hazards. Signed and executed this 10th day of February 40AZX 2000 �Nktneet♦: Max Ince, Mayor Pro Tem Kayth eSnell, City Secretary—.- Execute acknowledgement an reverse side 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 personally appeared known to me to be the pereon►s whose names Islam subscribed to the foregoing Inetrutnant, and acknowledged to me that he/she/they executed the earns for the uses, purposes and considerations therein expressed as Ns/her/their free and voluntary act and dead. Given under my hand and teal of office this the day of A.D. 19 Notary Public, My Comrniselon Expires STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person/s whose name/s Were subscribed to the foregoing Inetrument, and acknowledged to me that he/she/they executed the Same for the uses, purposes and considerations therein expressed as his/her/their free and voluntary act and deed, Given under my hand and seat of office this the day of . A.D. 19 Notary Public, My Comnttsslon Expires CORPORATION ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK�. YAlCE BEFORE ME, the underslgned authority, on this day parsonaNy appeared i "DT-� +N , known to rns to be the person whose narng,,Is sub orlbed to the foregoing Instrument. and upon being duly sworn did state and acknowledge than*/she Is the MAYOR Pre flEAn of the CITY OF LUBBOCK . a corporation organized under the tars of the State of TEXAS , and thatXglehe executed the foregoing Instrument In the oapaotty stated under authority ofthe OITY COUNCTLand had affixed thereto the corporate seal for the uses, purposes and considerations therein expressed as the free and volumary act and deed of the corporation. Olven under my hand and seal of office this the g e day of A.D-M 2000 MOREA SEII e : Rotary pabk, State of Texas a Nota Public. My Camndxs(on Exoirrs Qfi•25-O�i Notary My Commteeton Expires PERMETER SURVEY OF A 478 SQUARE FOOT TRACT LOCATED IN 1rEST SIDE AMMON TO THE CITY OF LUBBOCK. LUBBOCK COUNTY. TEXAS According to the trap,of and/or dedication deed thereof recorded In Volume 668, Page 373, Deed Records of Lubbock County, Texas METES AND BOUNDS DESCRIPTION of a 478 square foot tract located in West Side Addition, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 668, Page 373, Deed Records of Lubbock County, Texas being further described as follows: BEGINNING at a'%" rod with cap found at the Southwest comer of Lot 135 West Side Addition, Lubbock County, Texas; THENCE West a distance of 22.92 feet to a'A* rod with cap found at the Southwest corner of this tract; THENCE N. 05°43'16" W., a distance of 20.10 feet to a'A" rod with cap set for the Northwest corner of this tract; THENCE East a distance of 24.92 feet to a''A" rod with cap set in the West line of said Lot 135, and for the Northeast comer of this tract; THENCE South along the west line of said Lot 135, a distance of 20.00 feet to the Point of Beginning. C14 f� X14161 14 I 33rd aTREET I( PAVED ) I 1Q I� I .q � I Q � I Z E -W 0, � 24.92 N :Zia � E-W�_ _ TwwS. PAD �) 22.92 WARNING This plat is invalid unless it ALLEY bears an original signature N across the seal. SCALE : 1"-20' CONTROL MONUMENTS A5 FOUNO t SHOWN FENCES A5 5HOWN. r - 5ET Io" ROO w/GAP 0 - FO. 1/2� ROD o - FD. I/2 ROD w/GAP 200106 / 0. J. IF FAND *A590C44TEM I, Daniel E. Martinez, Texas 56 T— Registered Professional Land I Surveyor No. 4515, do hereby >E I certify that this survey was trade on the ground and is true OWNER: City of Lubbock ( Vol. 3385 Pg. 317 ) and correct. January 17, 2000 I IDaniel E. Martinez Registered Professional I Land Surveyor No. 4515 I I State of Texas S LOT 135 I 1Q I� I .q � I Q � I Z E -W 0, � 24.92 N :Zia � E-W�_ _ TwwS. PAD �) 22.92 WARNING This plat is invalid unless it ALLEY bears an original signature N across the seal. SCALE : 1"-20' CONTROL MONUMENTS A5 FOUNO t SHOWN FENCES A5 5HOWN. r - 5ET Io" ROO w/GAP 0 - FO. 1/2� ROD o - FD. I/2 ROD w/GAP 200106 / 0. J. IF FAND *A590C44TEM