HomeMy WebLinkAboutResolution - 2509 - Right Of Way Offer- Dalton & Willie Ellis- Utility Easement, Sec 5 Block E - 01/22/1987HW:js
RESOLUTION
Resolution # 2509
January 22, 1987
Agenda Item # 16
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: an easement for the relocation of public utilities, and this City
Council of said City finds it in the public interest and for public purposes
and municipal purposes 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 1/2" iron rod, set for the Southeast corner of Lot 1,
Dee -Ville Addition to the City of Lubbock, Lubbock County, Texas, and
for the Southeast corner of this easement, whence the Northwest corner
of Section 5, Block E bears North 02°19'10" West, a distance of
3316.14 feet and North 87041'44" West, a distance of 2572.14 feet and
being 170.07 feet left of Interstate Highway 27, baseline "G" station
84+97.43;
THENCE North 87040'11" West, along the South line of said Lot 1, Dee -
Ville Addition, a distance of 20.00 feet to a 1/2" iron rod, set for
the Southwest corner of this easement;
THENCE North 01141'34" East, a distance of 59.44 feet to a 112" iron
rod, set for a corner of this easement;
THENCE Northwesterly, along the arc of a curve to the left, an arc
distance of 667.90 feet to a 1/2" iron rod, set for the Northwest cor-
ner of this easement, said curve has a radius of 961.45 feet, a cen-
tral angle of 39048'09" and a chord that bears North 1801231" West, a
distance of 654.55 feet;
THENCE South 87142'02" East, along the South line of a 5.00 feet city
R.O.W. in Volume 791, Page 550, a distance of 26.07 feet to "brass cap
monument 398", for a corner of this easement;
THENCE Southeasterly, along the arc of a curve to the right, an arc
distance of 664.89 feet to a 1/2" iron rod, set for a corner of this
easement, said curve has a radius of 981.45 feet, a central angle of
38148'56" and a chord that bears South 17°42'55" East, a distance of
652.25 feet;
THENCE South 01141'34" West, along the proposed West R.O.W. line of
Interstate Highway 27, a distance of 59.66 feet to the POINT OF BEGIN-
NING.
SECTION 2. THAT the owners of said tract, being Dalton P. and Willie
L. Ellis, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $59,800.00, 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 forthwith, the City Attorney of said City of Lubbock is hereby au-
thorized and instructed to institute condemnation (eminent domain) proceed-
ings to acquire an easement in, upon, over, along and across said land as
hereinabove described for said public purposes and municipal purposes.
Passed by the City Council this 22nd day of January , 1987.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
�)'A A f
Tom Nivens, fight -of- ay Agent
APPROVED AS TO FORM:
arold Willard, Assistant City
Attorney
cw=
e
B. C. MCMINN, MAYOR
THAT DALTON LEE ELLIS, a/k/a DEE ELLIS, of Lubbock County,
Texas, herein called "Grantor", as attorney-in-fact for Dalton P.
Ellis, pursuant to a general power of attorney issued to Grantor
on the 20th day of January, 1977, a true and correct copy of
which is attached hereto and made a part hereof as "Exhibit All,
and as attorney-in-fact for Willie Lee Ellis, pursuant to a
general power of attorney issued to Grantor on the 8th day of
April, 1981, a true and correct copy of which is attached hereto
and made a part hereof as "Exhibit B", for and in consideration
of the sum of TEN AND N0/100 ($10.00) DOLLARS, 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 underground utility 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:
BEGINNING at a 1/21' iron rod, set for the Southeast corner
of Lot 1, Dee -Ville Addition to the City of Lubbock, Lubbock
County, Texas, and for the Southeast corner of this
easement, whence the Northwest corner of Section 5, Block E
bears North 2019110" West, 3316.14 feet and North 87041144"
West, 2572.14 feet and being 170.07 feet left of Interstate
Highway 27, baseline '"G" station 84+97.43;;
THENCE North 87040111" West, along the South line of said
Lot 1, Dee -Ville Addition, 20.0 feet to a 1/21" iron rod, set
for the Southwest corner of this easement;
THENCE North 10411341" East, 59.44 feet to a 1/21" iron rod,
set for a corner of this easement;
THENCE Northwesterly, along the arc of a curve to the left,
an arc distance of 667.90 feet to a 1/21" iron rod, set for
the Northwest corner of this easement said curve has a
radius of 961.45 feet, a central angle of 39°481091' and a
chord that bears North 18°12"31" West, 654.55 feet;
THENCE South 870421021" East, along the South line of a 5.0
feet city R.O.W. in Volume 791, Page 550, 26.07 feet to a
"brass cap monument 39811, for a corner of this easement;
THENCE Southeasterly, along the arc of a curve to the right,
an arc distance of 664.89 feet to a 1/21" iron rod, set for
corner of this easement, said curve has a radius of 981.45
feet, a central angle of 380481561" and a chord that bears
South 17042155" East, 652.25 feet;
THENCE South 1°41134" West, along the proposed West R.O.W.
line of Interstate Highway 27, 59.66 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
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50
File And P.etum �
VOL
Ed Bucy R -0-W,
1,100
347
UNDERGROUND UTILITY EASEMENT
THE STATE
OF TEXAS §
KNOW ALL MEN BY THESE
PRESENTS:
COUNTY OF
LUBBOCK §
THAT DALTON LEE ELLIS, a/k/a DEE ELLIS, of Lubbock County,
Texas, herein called "Grantor", as attorney-in-fact for Dalton P.
Ellis, pursuant to a general power of attorney issued to Grantor
on the 20th day of January, 1977, a true and correct copy of
which is attached hereto and made a part hereof as "Exhibit All,
and as attorney-in-fact for Willie Lee Ellis, pursuant to a
general power of attorney issued to Grantor on the 8th day of
April, 1981, a true and correct copy of which is attached hereto
and made a part hereof as "Exhibit B", for and in consideration
of the sum of TEN AND N0/100 ($10.00) DOLLARS, 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 underground utility 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:
BEGINNING at a 1/21' iron rod, set for the Southeast corner
of Lot 1, Dee -Ville Addition to the City of Lubbock, Lubbock
County, Texas, and for the Southeast corner of this
easement, whence the Northwest corner of Section 5, Block E
bears North 2019110" West, 3316.14 feet and North 87041144"
West, 2572.14 feet and being 170.07 feet left of Interstate
Highway 27, baseline '"G" station 84+97.43;;
THENCE North 87040111" West, along the South line of said
Lot 1, Dee -Ville Addition, 20.0 feet to a 1/21" iron rod, set
for the Southwest corner of this easement;
THENCE North 10411341" East, 59.44 feet to a 1/21" iron rod,
set for a corner of this easement;
THENCE Northwesterly, along the arc of a curve to the left,
an arc distance of 667.90 feet to a 1/21" iron rod, set for
the Northwest corner of this easement said curve has a
radius of 961.45 feet, a central angle of 39°481091' and a
chord that bears North 18°12"31" West, 654.55 feet;
THENCE South 870421021" East, along the South line of a 5.0
feet city R.O.W. in Volume 791, Page 550, 26.07 feet to a
"brass cap monument 39811, for a corner of this easement;
THENCE Southeasterly, along the arc of a curve to the right,
an arc distance of 664.89 feet to a 1/21" iron rod, set for
corner of this easement, said curve has a radius of 981.45
feet, a central angle of 380481561" and a chord that bears
South 17042155" East, 652.25 feet;
THENCE South 1°41134" West, along the proposed West R.O.W.
line of Interstate Highway 27, 59.66 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
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perpetually maintaining any and all types of water lines, sewer
lines, gas pipe lines, telephone and telegraph lines, electric
transmission lines and any other type of public utility, whether
named herein or not, which easement includes at all times and
seasons the right of ingress, egress and regress of motor
vehicles and personnel engaged either in such construction and
repair or the reading of meters. Said property above described
is not used, claimed or occupied as business or residential
homestead.
In order to assure the said CITY OF LUBBOCK, its successors
and assigns of continuing access and enjoyment of said easement,
the said Grantor does hereby expressly agree not to erect, build
or otherwise 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
successors and assigns, and any and all public utilities now or
hereafter franchised by the CITY OF LUBBOCK to use the City
streets and alleys for so long as the public uses the same for
the purposes herein granted.
WITNESS THE EXECUTION OF THIS INSTRUMENT this day of
Ff r>'P Ales 1987.
DEE ELLIS
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared DALTON
LEE ELLIS, a/k/a DEE ELLIS, known to me to be the person whose
name is subscribed to the foregoing instrument as attorney-in-
fact for Dalton P. Ellis and Willie Lee Ellis, and acknowledged
to me that he executed the same for the purposes and considera-
tion therein expressed and in the capacity therein set forth.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Jl+�" day of
1987.
SEAL Notary Public, Lubbock ounty,
Texas
It 7
Fir; 17 A 11 : 17
STATE OF TEXAS
COUNTY OF LUBBOCK
1 hereby certify that this instrument was FLIED on the
date and at the limp stomped hereon by me arod was duly
RECORDED in the Volume and Posta of the Official Real property
Ra<ord# of tvbbock County, Texas es storeped hereon by rna.
FEB 17 1987
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2 LU86OCK COUNTY, TEXAS
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