HomeMy WebLinkAboutResolution - 905 - Right Of Way Offer-John & Jo Zahn-Street Light Cable Easement, Clutter 2Nd Add - 09/10/1981JWF:da
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RESOLUTION 905 - 9/10/81
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located
in Lubbock County, Texas, has determined and does hereby determine the
public needs, safety, health and welfare demands and creates a public
necessity for the constructing, reconstructing, and expansion and improve-
ment of the street light cable system of the City of Lubbock as a public
service of said City creating a need for an additional easement by said
City to accomplish such purposes and this City Council of said City finds
It to the best public interest and for public purposes and municipal
purposes to proceed with the acquisition of an'easement for street light
cable as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the title for a street light cable easement in,
on, under, upon, along, and across the following described real estate
located In Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
The East 2 feet of Lot 15, Block 2, Clutter 2nd Addition to the City
of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said land including John Zahn and
wife, Jo Ann Zahn, BE offered through the Right -of -Way Department of the
City of Lubbock the amount of.$15.00, which is the amount appraised as
the value and total damages for the acquisition of said title to a street
light cable easement as hereinabove 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 con-
demnation (eminent domain) proceedings to acquire the street light cable
easement title to said land as hereinabove described for public purposes
and municipal purposes.
Passed by the City Council this 10th day of tuber A 1 1981.
f f
BIL TER, MAYOR
-ATTEST.
Evelyn Ga fga,_ City S r ry-Treasurer
-APPROVED AS TO FORM:
J//Worth Ful ng m, Assi tant City Attorney
AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
RE: Resolution #905 , 9/10/81
Purchase of Lot 15, Blk. 2 Clutter 2Hd-.Addn on E --35th
Between Ivory and King Streets.
FOR: Street Light Easement FROM: John Zahn et ux
The original Warranty Deed, or a copy thereof, has never been
submitted to the City Secretary for filing or for recording
in the Minutes.
Check with the Engineering Department --right-of-way-- of the
Deed Records for official recordation of this document, if any.
EVELYN GAFFGA
City Secretary
RE: ResoIut'on X905 9/10/81
Purchas of Lot 15 61k' 2 Clutter 2rid.Addn. on E. 35th
Betweep_-Wory and King Streets.
FOR: Street Light Easement
FROM: John Zahn et ux
The original Warranty Deed, or a copy thereof, has never been
submitted to the City Secretary for filing or for recording
in the Minutes.
Check with the Engineering Department --right-of-way-- of the
Deed Records for official recordation of this document, if any.
O
,EVELYN GAFFGA
City Secretary
NOV y 1981
Ply SfCRfTq/jy
r-
/. UNDERGROUWD STREET LIGHT CABLE EASEMENT i Z
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE P?ESE:..S:
COUNTY OF LUBBOCK §
THAT . 4,
of Lubbock County, Texas, for an in cons eration of the sum of 0\-E Ah -Di
N0/100 DOLLARS ($1.00), to them 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 for the further good
and valuable consideration in benefits accruing and to accrue to the remainder
of their property have (has) by these presents GRANTED, B_kRGAI2E✓,
SOLD, and CONVEYED and by these presents does (do) 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 easement, the
free and uninterrupted use, liberty of passage in, on, along, across, over,
upon and under all that property lying and being situated in the County of
Lubbock, State of Texas, and being more particularly described as follows, to
wit:
The east 2 feet of Lot 15, Block 26 Cluttor tad Additicn to the City of
Lubbock, Lubbock County, Texas*
allowing but not limited to, laying, constructing, reconstructing, repairing
and perpetually maintaining an underground street light cable and which easement
includes the right, at all times, and seasons, of ingress, egress and regress
of motor vehicles and personnel engaged in either such construction and repair
or the reading of meters, provided however, that such street light cable stall
be underground with the exception of such appurtenances above ground as man be
necessary to the enjoyment of the underground easement.
In order to assure the said CITY OF LUBBOCK, its successors and assig=s
of continuing access and enjoyment of said easement, the saidJo_n �. a:
wife To Ann Zahn does (do) hereby expressly agree not to
erect, build or otherwise allow to be constructed any building or like per, --anent
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 our HAND (S) this 1 th day of September 19-L_.
/'10el'7,"�
✓ To Ann Baha
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 Tohn car p -A .ifo Tel •,.� �,,;.,,
known to me to be the person(s) whose name(s)
is (are) subscribed to the foregoing instrument, and acknowledged to me that
they executed the same for the purposes and consideration therein '
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th day of
1981
Notary Public, Lubbock Coucty; Texas
SJ e a
My Commission Expires: 1/,. i/