HomeMy WebLinkAboutResolution - 2612 - Right Of Way Offer - Nancy Turner - Sewer Easement, Sec 43 Block AK - 07/23/1987HW : j s
RESOLUTION
Resolution #2612
July 23,1987
Agenda Item #2612
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located
in Lubbock County, Texas, has determined and does hereby determine that the
public needs, safety and welfare demand and create a public necessity for
the acquisition of additional land for municipal public uses and purposes,
to -wit: a sanitary sewer line easement, and this City Council of said City
finds it in the public interest and for public purposes and municipal pur-
poses to proceed with the acquisition of an easement in, upon, over, along
and across land as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT an easement in, upon, over, along and across the fol-
lowing described tract of land located in Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the preamble
hereof, to -wit:
BEGINNING at a point which bears S. 89057' E. a distance of 295.20
feet from the Southwest corner of the Northwest 1/4 of Section 43,
Block AK, Lubbock County, Texas;
THENCE S. 89057' E. a distance of 845.00 feet;
THENCE S. 00006'16" W. a distance of 10.00 feet;
THENCE N. 89057' W. a distance of 845.00 feet;
THENCE N. 00006'16" E. a distance of 10.00 feet to the POINT OF BEGIN-
NING.
SECTION 2. THAT the owner of said tract, being Nancy Turner, BE of-
fered through the Right -of -Way Department of the City of Lubbock the amount
of $582.00, which is the amount appraised as the value and total damages for
the acquisition of an easement in, upon, over, along and across said real
estate hereinabove described, for the use and benefit of the City of
Lubbock, Texas, for the purposes herein stated, and unless accepted forth-
with, the City Attorney of said City of Lubbock is hereby authorized and in-
structed to institute condemnation (eminent domain) proceedings to acquire
an easement in, upon, over, along and across said land as hereinabove de-
scribed for said public purposes and municipal purposes.
Passed by the City Council this 23rd day of July , 1987.
ATTEST:
Kanette oya, city Secretary
APPROVED AS TO CONTENT:
Ca
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Harold Willard, Assistant"Cit�` y
Attorney
- 2 -
r_X11g tr
6. C. McMINN, MAYOR
VOL 2597 PAGE 61
File And, Re�4urn To
Ed Bucy R -O -W
SANITARY SEWER LINE EASEMENT
THE STATE OF TEXAS .§
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
§
THAT CHRISTINE NANCY TURNER, individually and as executrix
of the estate of WILLIAM EDGAR TURNER, herein called "GRANTOR",
for and in consideration of the sum of TEN AND N0/100 DOLLARS
($10.00) to GRANTOR in hand paid by the CITY OF LUBBOCK, a Home
Rule Municipal Corporation of Lubbock County, Texas, 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 the
CITY OF LUBBOCK, its legal representatives, successors and
assigns, for the use of the public as a perpetual and permanent
sanitary sewer line easement, the free and uninterrupted use,
liberty of passage in, along, on, over, upon, under and across
all that property lying and being situated in the County of
Lubbock, State of Texas, and being more particularly described as
follows, to -wit:
TRACT I
BEGINNING at a point which bears S. 89057' E. a distance of
295.20 feet from the Southwest corner of the Northwest 1/4
of Section 43, Block AK, Lubbock County, Texas;
THENCE S. 89057' E. a distance of 845.00 feet;
THENCE S. 00006116" W. a distance of 10.00 feet;
THENCE N. 89057' W. a distance of 845.00 feet;
THENCE N. 00006116" E. a distance of 10.00 feet to the POINT
OF BEGINNING.
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 sanitary sewer line, which easement in-
cludes at all times and seasons the right of ingress, egress and
regress of motor vehicles and personnel engaged in such construc-
tion and repair.
In order to assure the said CITY OF LUBBOCK, its successors
and assigns of continuing access and enjoyment of said easement,
GRANTOR does hereby expressly agree not to erect, build or other-
wise allow to.be constructed any building or like permanent
structure over the said property heretofore described; and should
such building or structure be erected, it is understood that the
said CITY OF LUBBOCK shall have the right to remove said building
or structure from the premises.
TO HAVE AND TO HOLD the above described premises together
with all and singular the rights and appurtenances thereto in
anywise belonging perpetually unto the CITY OF LUBBOCK, its suc-
cessors and assigns for so long as the public uses the same for
the purposes herein granted.
THAT in and for such consideration, GRANTOR has further
GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL
and CONVEY unto the CITY OF LUBBOCK, its successors and assigns,
a temporary working easement to be used by the CITY OF LUBBOCK as
a working easement and roadway in connection with the construc-
tion and installment of the sanitary sewer line mentioned in the
above described permanent easement. Said working easement and
roadway is described as follows, to -wit:
voz 2597 PAGE 62
TRACT II
BEGINNING at a point which bears S. 89057' E. a distance of
295.20 feet from the Southwest corner of the Northwest 1/4
of Section 43, Block AK, Lubbock County, Texas;
THENCE S. 89057' E. a distance of 845.00 feet;
THENCE S. 00006116" W. a distance of 15.00 feet;
THENCE N. 89057' W. a distance of 845.00 feet;
THENCE N. 00,006116" E. a distance -of 15.00 feet to the POINT
OF BEGINNING.
Such working easement and roadway shall automatically in all
things expire and ipso facto revert to the GRANTOR herein, her
heirs and assigns, within one (1) month after the sanitary sewer
line easement mentioned in the above described permanent easement
is completely installed and accepted by the CITY OF LUBBOCK.
TO HAVE AND TO HOLD the immediately above described premises
together with all and:singular the rights and appurtenances in
anywise belonging to the CITY.OF LUBBOCK for the time and pur-
poses hereinabove mentioned, together with the rights and privi-
leges at any and all times to enter said premises or any part
thereof for the purposes and uses herein stated prior to the ter-
mination of said temporary working easement and roadway.
It is further understood and agreed that this easement is
executed upon the condition that upon completion of the said san-
itary sewer line above described, the premises included in the
temporary working easement and roadway will be restored to sub-
stantially the same condition as the same were prior to such con-
struction, without cost to GRANTOR, her heirs and assigns. Upon
restoration, GRANTOR herein, her heirs and assigns shall be al-
lowed the use of the surface of the easement area for any and all
purposes, save and except for the erection thereon of any perma-
nent buildings or structures.
WITNESS 7,E EXECUTION OF THIS INSTRUMENT this 279 4L day of
1987.
CHRISTINE NANCY TURNER
THE STATE OF TEXAS 5
COUNTY OF LUBBOCK 5
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared CHRISTINE
NANCY TURNER, known to me to be the person whose name is sub-
scribed to the foregoing instrument, and acknowledged to me that
she executed the same for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this -Z� day of
3v 1987.
SEAL
Notary Public in and for
Lubbock County, Texas
C.L7w+q•20 w 1 LSo N Q V G� "
- 2 -