HomeMy WebLinkAboutResolution - 2929 - Utility Joint Use Agreement & Quitclaim Instrument- State Of Texas - I27 Project - 10/13/1988JWF:dw
RESOLUTION
Resolution #2929
October 13, 1988
Item #16
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute a Utility Joint Use Agreement for and on
behalf of the City of Lubbock, said agreement to be entered into by and
between the City of Lubbock and the State of Texas Department of Highways
and Public Transportation in connection with Phase II of Interstate Highway
27 Construction Project, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
SECTION 2. THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute a quitclaim instrument to the State of
Texas acting through its Department of Highways and Public Transportation as
requested by said Department in connection with Phase II of the Interstate
Highway 27 Construction from 48th Street to 78th Street, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 13th day of October , 1988.
ane
c f
13. C. McMINN, MAYOR
ty Secreta
APPROVED 0 CONTENT:
Wi o d Wats& Chief Water
Util ties Engineer
APPROVED AS TO FORM:
brth Fullingim, Assis
rney
COMMISSION
ROBERT H. DEDMAN, CHAIRMAN
JOHN R. BUTLER, JR.
RAY STOKER, JR.
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
Box 771
Lubbock, Texas 79408-0771
January 9, 1989
Utility Adjustment U-7437
City of Lubbock (Water and Sewer)
Lubbock County
I 27-7(8)305
9005-27-13
IH 27: From Loop 289 North
South to 19th St. in Lubbock
Lubbock County
I 27-7(35)301
9005-27-15
IH 27: From 40th Street
To S. of Loop 289 S. in Lubbock
Mr. Jim Bertram, Asst. City Mgr.
-City of Lubbock, Water Utilities
P.O. Box 2000
Lubbock, Texas 79457
Attn: Mike Murphy, Civil Engr.
Gentlemen:
ENGINEER -DIRECTOR
R. E. STOTZER, JR.
IN REPLY REFER TO
Attached for your files is one (1) fully executed copy of the Utility Joint Use
Agreement (Form D -15-80A) in regard to the City of Lubbock on the above cap-
tioned projects.
Your assistance concerning this matter has been most appreciated.
Sincerely,
William M. Pope, P.E.
District Engineer
By: 4"
Claude C. Kneisley _�ir—
Right of Way Supervisor
District Five
CCK/TEM/dvl
Attachment
�.* Resolution #2929
,a SCate Department of Highways Utility Manual
and Public Transportation
Right of Way Division
Form D -15-80A
Page 1 of 2
Rev. 8-75
UTILITY JOINT USE AGREEMENT
(controlled access highway)
THE STATE OF TEXAS COUNTY Lubbock
PROJECT 1-27- _
COUNTY OF TRAVIS ACCT. N6.-9005-2-7-1 3
HIGHWAY IH 27; 0067-07-063
LIMITS: From Prom Loot) 289 North
To South to 19th Street
WHEREAS, the State of Texas, hereinafter called the State, acting by and through
the State Department of Highways and Public Transportation, proposes to make certain
highway improvements on that section of the above indicated highway.
WHEREAS, the 'City of Lubbock , hereinafter called the Owner,
proposes to retain,.locate or relocate certain of its facilities and retain title
to any property rights it may have on, along or across, and within or over such
limits of the highway right of way as .indicated on the plans attached to Utility
Agreement as executed by Owner on the 13th day of FPhritary , 19_g�, or
on location sketches attached hereto except as provided below.
NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway
and utility purposes will be made of the area within the highway right of way
limits as such area is defined and to the extent indicated on the aforementioned
plans or sketches. Where Owner by reason of ownership of an easement or fee
title or otherwise under law has the right to alter, modify or add to facilities
presently located within the area above described or construct additional facil-
ities therein, such right is hereby retained, provided, however, if existing
facilities are to be altered or modified or new facilities constructed within
said area the Owner agrees to notify the State Department of Highways and Public
Transportation prior thereto, to furnish necessary sketches showing location,
type of construction, and methods to be used for protection of traffic, and if,
in the opinion of the State Department of Highways and Public Transportation,
such alteration, modification, or new construction will injure the highway or
endanger the traveling public using said highway, the State Department of Highways
and Public Transportation shall have the right, within 30 days after the receipt
of such notice, to prescribe such regulations as necessary for the protection of
the highway facility and the traveling public using said highway; provided further,
however, that such regulations shall not extend to the requiring of the placement
of intended overhead lines underground or the routing of any lines outside of the
area of joint usage above described.
OWNER hereby agrees that access for servicing its facilities normally will be
limited to access via (a) Frontage roads where provided (b) Nearby or adjacent
public roads and streets, or (c) Trails along or near the highway right of way
lines, connecting only to an intersecting road; from any one or all of which
entry may be made to the outer portion of ,the highway right of way. Where supports,
manholes, or other appurtenances of the Owner's facilities are located in medians
or interchange areas, access to them from the through -traffic roadways or ramps
Rev. 9-75 Plate 25
Sheet 1 'of
utility flanual
State Department of Highways
and Public Transportation
Right of Way Division '~
Form D -15-80A
Page 2 of 2
Rev. 8-75
will be permitted but only by permits issued by the State to the Owner setting
forth the conditions for policing and, other controls to protect highway users. If
an emergency situation occurs, and the usual means of access for service operations
as herein provided will not permit the immediate action required by the Owner in
making emergency repairs as required,for the safety and welfare of the public, the
Owner shall have a temporary right of access to and from the through -traffic road-
ways and ramp as necessary to accomplish the required emergency repairs.
Participation in actual costs incurred by the Owner for any future relocation or
adjustment of utility facilities required by highway construction shall be in
accordance with and to the extent possible under applicable laws of the State of
Texas. Except as expressly provided herein, (1) The Owner's rights of access to
the through -traffic roadways and/or ramps shall be subject to the same rules and
regulations as apply to the general public, and (2) The Owner and the State, by
the execution of this agreement, do not waive or relinquish any right which they
may have under the law or Constitution, State or Federal.
In the event the Owner fails to comply with the requirements as set out herein, the
State may take such action as it deems appropriate to compel compliance.
IN WITNESS HEREOF, the parties hereto have affixed their signatures.
STATE OF TEXAS
State Department of Highways
and Public Transportation
// Z,
Date
• 1 1111110
C
By
McMinn
Title Mayor
Date
ATT T:
a e to Boyd, City -e&tary
Rev. 9-75 Plate 25
Sheet 2 of 2
State Department of Highways
and Public Transportation
Form D45-30
Page 1 of 4 Rev. 3a6
THE STATE OF TEXAS
COUNTYOF LUBBOCK
That, CITY OF LUBBOCK
Quitdaim. Deed
y ,
A
X
KNOW ALL MEN BY THESE PRESENTS:
of the County of Lubbock , State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of
One Dollar ------------------------------------------------ "" Dollars ($ 1.00)
and other good and valuable consideration to Grantors in hand paid by the State of Texas, acting by and through
the State Highway and Public Transportation Commission, the receipt of which is hereby acknowledged, and for
which no lien is retained, either expressed or implied, have Quitclaimed and do by these presents Bargain, Sell,
Release and forever Quitclaim unto the State of Texas all of Grantors' right title, interest, claim and demand in
and to that certain tract or parcel of land, situated in the County of Lubbock , State of Texas, more
particularly described as follows, to wit:
See Attached Field Notes
Page of Pages
EXHIBIT
County: Lubbock
Highway: Interstate 27
Project Limits: From 40th Street to South of Loop 289 South in Lubbock
Account: 9005-27-15
Field Notes for Parcel 6X
BEING 52,945.52 square feet, more or less, of land out of that certain tract of
land situated in the City of Lubbock, Lubbock County, Texas, being out of the
North 41 acres of the southwest one-quarter of Section 5, Block E, including Lot
1, in Dee -Ville Addition, according to a map or plat of said Addition recorded
in Volume 805, Page 286, of the Deed Records of Lubbock County; said tract being
the same property described in -..a Deed of Dedication by Dalton P. Ellis and wife,
Willie Lee Ellis, dated August 10, 1960, recorded in Volume 805, Page 286, Deed
Records of Lubbock County, Texas, SAVE AND EXCEPT, a 5 foot strip of land along
the north side of Lot 1, Deville Addition, previously dedicated to the City of
Lubbock, Lubbock County, Texas recorded in Volume 791, Page 550, Deed Records,
Lubbock County, Texas; said 52,945.52 square feet, more or less, being more par-
ticularly described by metes and bounds as follows:
BEGINNING at a point in the existing west right-of-way line of U.S. 87, said
point being the southeast corner of said parcel, and 663.33 feet, South
87°40'11" East of the southwest corner of said Lot 1;
1) THENCE, North 87°40'11" West along the south line of said parcel a .
distance of 14.86 feet to a point in the proposed west right-of-way line
of IH -27;
2) THENCE, North 1041'34" East along the proposed West right-of-way line of
IH -27 a distance of 59.66 feet to a point on a curve of the proposed
west right-of-way line of IH -21;
3) THENCE, Northwesterly along said curve to the left, having a radius of
981.45 feet and a radius bearing of North 88°18'26" West, a distance of
664.89 feet along said curve to a point in the north line of said
parcel;
4) THENCE, South 87°42'02" East along the north line of said parcel a
distance of 207.40 feet to a point on a curve of the existing south
right-of•way line of Loop 289;
Parcel 6X
Page of Pages
EXHIBIT CONT.
5) THENCE, Southeasterly along said curve to the right, having a radius of
219.09 feet and a radius bearing of South 58055'46" West, a distance of
53.94 feet to a point in the existing west right-of-way line of U.S. 87;
6) THENCE, South 1017'23" East along the existing west right-of-way line of
U.S. 87 a distance of 109.93 feet to a point in the existing west right-
of-way line of U.S. 87;
7) THENCE, South 2°14'00" West along the existing west right-of-way line of
U.S. 87 a distance of 514.58 feet to the point of beginning.
Y
Page of Pages
;EXHIBIT
County: Lubbock
Highway: Interstate 27
Project Limits: From 40th Street to South of Loop 289 South in Lubbock
Account: 9005-27-15
Field Notes for Parcel 41
BEING 3197.72 square feet, more or less, of land out of that certain tract of
land situated in the City of Lubbock, Lubbock County, Texas, being a tract of
land out of the Northeast 1/4 of Section 5, Block E, Lubbock County, Texas; said
tract being the same property described in a Deed from Joe McIlhaney to The ..
Carter Company dated April 4, 1985, recorded in Volume 1952, Page 738, Deed
Records of Lubbock County, Texas; said 3197.72 square feet, more or less, being
more particularly described by metes and bounds as follows:
BEGINNING at a point in the existing south right-of-way line of Loop 289, said
point being the northwest corner of said parcel and 4938.09 feet, South
87041144" East and 1964.07 feet, South 2018'16" West of the northwest corner of
Section 5, Block E;
1) THENCE, South 87038127" East along the existing -south right-of-way line
of Loop 289 a distance of 300.04 feet to a point in the east line of
said parcel;
2) THENCE, South 2°15'50" West along the east line of said parcel a
distance of 3.48 feet to a point on a curve of the proposed south right-
of-way line of Loop 289;
3) THENCE, Southwesterly along said curve to the left, having a radius of
5714.58 feet and a radius bearing of South 0037'22" West, a distance of
297.54 feet along said curve to a point in the proposed south right-of-
way line of Loop 289;
4) THENCE, South 87038'22" West along the proposed south right-of-way line
of Loop 289 a distance of 2.98 feet to a point in the west line of said
parcel
5) THENCE, North 2015114" East along the west line of said parcel a
distance of 20.48 feet to the point of beginning.
,• Page of Pages
EXHIBIT
County: Lubbock
Highway: Interstate 27
Project Limits: From 40th Street to South of Loop 289 South in Lubbock
Account:. 9005-27-15
Field Notes for Parcel 42
BEING 36,464.27 square feet, more or less, of land out of that certain tract of
land situated in the City of Lubbock, Lubbock County, Texas, being a tract of
land out of Section 4, Block E, Lubbock County, Texas; said tract being the same
property described in a Deed from Charles W. Craig, Don R. Kidd and Dru Vowell,
d/b/a CKV Investments, to Wayland Dee Sims, dated January 7, 1983, recorded in
Volume 1815, Page 147, Deed Records of Lubbock County, Texas; said 36,464.27 -
square feet, more or less, being more particularly described by metes and bounds
as follows:
BEGINNING at a point in the existing south right-of-way line of Loop 289, said
point being the northeast corner of said parcel, and North 87041144" West, a
distance of 0.41 feet and South 2018116" Nest, a distance of 1959.06 feet from
the northeast corner of Section 4, Block E;
1) THENCE, South 2018159" West along the east line of said parcel a
distance of 133.09 feet to a point in the proposed south right-of-way
line of Loop 289;
2) THENCE, North 81°00'00" West along the proposed south right-of-way line
of Loop 289 a distance of 320.17 feet to a point in the west line of
said parcel;
3) THENCE, North 2°18137" East along the west line of said parcel a
distance of 96.24 feet to a point in the existing south right-of-way
line of Loop 289;
4) THENCE, South 87036133" East along the existing south right-of-way line
of Loop 289 a distance of 318.00 feet to the point of beginning.
State Department of Highways
and Public Transportation
Form D45J0
Page 3 of 4 Rev. 346 .,
TO HAVE AND TO HOLD for said purposes, togther with all and singular the rights, privileges, and
appurtenances thereto in any manner belonging unto the said State of Texas forever.
IN WITNESS WHEREOF, this instrument is execute& on this the 13th day of
October , 19 88
City of Lubbock
x C, i •
Mayor B. C. McMinn
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF LA b UG
C. B�EFORE ME, �% �� ►"� • ,Sc• �.S , on this day
C
personally appeared _ - 1 1 1!'_ 1 l� t ►rl
known to me (or proved to me on the oath of , a credible witness,) to be the person(s) whose name(s) is (are) subscribed to
the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 16 day of , A.D. 19 .
NotaryPub c,State of Texas
�
•, '` %i � � .. ;',,' t My Commission expires on du � day of 19
NOVE110BER 30,1989
OLIVIA R. SOLIS -
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF
BEFORE ME, , on this day
personally appeared ,
known to me (or proved to me on the oath of , a credible witness,) to be the person(s) whose name(s) is (are) subscribed to
the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19
Notary Public, State of Texas
My Commission expires on the day of 19
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