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Home My WebLink AboutResolution - 2665 - Right Of Way Offer - Kyle Seale - Overhead Utility Easement, Sec 37 Block AK - 10/22/1987HW: j s RESOLUTION Resolution #2665 October 22, 1987 Agenda Item #21 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 and welfare demand and create a public necessity for the opera- tion, improvement, expansion, extension, construction, reconstruction, re- pair and maintenance of electrical transmission and distribution lines, poles, braces and guy wires and necessary apparatus and appliances in con- nection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which re- quires the acquisition of title in said City to an easement for such public municipal purposes, together with rights of ingress, egress and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas, to an easement in, upon, over, along, and across the hereinafter described real estate lo- cated in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes to set forth in the preamble, to -wit: A 10' wide Construction and Overhead Electrical Utility Easement out of Section 37, Block AK, Lubbock County, Texas, being further de- scribed as follows: BEGINNING at a point which bears East a distance of 125.6 feet and S. 00002' W. a distance of 40' from the Northwest corner of Section 37, Block AK. Same point also being on the existing South R.O.W. line of 34th Street & West 44 feet from the center line of Milwaukee Avenue; THENCE S. 00002' W. parallel to and 44 feet West of the center line of Milwaukee Avenue a distance of 2588 feet to a point; THENCE East a distance of 44 feet to a point on the proposed center line of Milwaukee Avenue; THENCE S. 00002' W. along the proposed center line of Milwaukee Avenue a distance of 10 feet to a point; THENCE West a distance of 44 feet to a point; THENCE S. 00002' W. parallel to and 44 feet West of the proposed cen- ter line of Milwaukee Avenue a distance of approximately 40 feet to a point; THENCE West a distance of 10 feet to a point; THENCE N. 00002' E. parallel to and 54 feet West of the proposed cen- ter line of Milwaukee Avenue a distance of approximately 2638 feet to a point on the existing South R.O.W. line of 34th Street; THENCE East along the South R.O.W. line of 34th Street a distance of 10 feet to the POINT OF BEGINNING. SECTION 2. THAT The owner of said land, being H. Kyle Seale, Trustee, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $4,200.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as herein- above described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to ac- quire the Easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 22nd day of October , 1987. ATTEST: ttA.Boyd, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way ftent APPROVED AS TO FORM: Harold Willard, Assistant ISity Attorney B. C. McMIN , MAYOR - 2 - 35234 Pile And Return To [d Bucy R -O -W VOL 266.9 o4a 5.5 CONSTRUCTION AND OVERHEAD ELECTRICAL UTILITY EASEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT H. KYLE SEALE, TRUSTEE, herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/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, including the right to obtain electrical service from this trans- mission line, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CON- VEY unto the CITY OF LUBBOCK, its legal representatives, succes- sors and assigns, for the use of the public as a perpetual and permanent easement, the free and uninterrupted use, liberty of passage over all that property lying and being situated in Lubbock County, Texas, and being more particularly described as follows, to -wit: A 10' wide Construction and Overhead Electrical Utility Easement out of Section 37, Block AK, Lubbock County, Texas, being further described ,as follows: BEGINNING at a point which bears East a distance of 125.6 feet and S. 00002' W. a distance of 40' from the Northwest corner of Section 37, Block AK. Same point also being on the existing South R.O.W. line of 34th Street & West 44 feet from the center line of Milwaukee Avenue; THENCE S. 00°02' W. parallel to and 44 feet West of the cen- ter line of Milwaukee Avenue a distance of 2588 feet to a point; THENCE East a distance of 44 feet to a point on the proposed center line of Milwaukee Avenue; THENCE S. 00002' W. along the proposed center line of Mil- waukee Avenue a distance of 10 feet to a point; THENCE West a distance of 44 feet to a point; THENCE S. 00002' W. parallel to and 44 feet West of the pro- posed center line of Milwaukee Avenue a distance of approxi- mately 40 feet to a point; THENCE West a distance of 10 feet to a point; THENCE N. 00002' E. parallel to and 54 feet West of the pro- posed center line of Milwaukee Avenue a distance of approxi- mately 2638 feet to a point on the existing South R.O.W. line of 34th Street; THENCE East along the South R.O.W. line of 34th Street a distance of 10 feet to the POINT OF BEGINNING. for the purposes of erecting, constructing, reconstructing, re- pairing, inspecting, patrolling and maintaining an overhead elec- trical transmission and distribution line, granting unto the City, its successors and assigns, the right to place its trans- mission lines and wires over the GRANTOR'S property. GRANTOR shall not place any permanent structures within said easement which will interfere with the use thereof. The'real estate here- inabove described is not used, claimed or occupied as homestead of any character. VOL 2 66, -4,% 56 The CITY OF LUBBOCK, its successors and assigns shall have the right of ingress and egress over the easement or right-of-way for the purpose of constructing, reconstructing, -repairing, in- specting, patrolling, maintaining, adding to or removing power lines, the right to remove all trees, or parts thereof, or other obstructions which might endanger or interfere with the opera- tion, safety or efficiency of the power lines. 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, to the uses and under the conditions herein- above stated forever. WITNESS THE EXECUTION OF THIS INSTRUMENT this 29th day of October 1987. H. PYLE ALE, TRUSTEE THE STATE OF TEXAS § COUNTY OF BEXAR § BEFORE ME, the undersigned authority, on this day personally appeared H. KYLE SEALE, TRUSTEE, known to me to be the person whose name is subscribed to the foregoing instrument, and ac- knowledged to me that he 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 i�97'� day of 1987. `e, � v Not y Publi Bex County, Texas (SEAL JANICE E. MELENDEZ M: Commission Expi es: 1p►00=4slm EVWu 3.28.88 tix 8 l "' 01,,1 3 �I 1 23 a 1)f ;Y cis:i:' .ubboec Cwnry, Aca •...:err.... ..•.i.�o ..•:ma<'wcaFitt f)onihs , c i,. a ►:a+ and f:erenn by me ono WQ% duly ��''' ••=! , i +ne Vo1�tnH rb o+ae of tbt Official Real Vr '.•.eras o! Lubbock Counl,, T.,M, w a,., op1/Mj{ Meraeny�T.Ts. NOV 3 19$1 .y COuNTVCLERK LMOCK COUNTY, TfyAg - 2 -