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HomeMy WebLinkAboutResolution - 906 - Right Of Way Offer-Jim & B. Vasek-Street Light Cable Easement, Clutter 2Nd Add - 09/10/1981RESOLUTION 906 - 9/10/81 / 0 F.e 1 S JWF:da RESOLUTION 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 5, Block 8, Clutter 2nd Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said land including Jim Vasek, and wife, Bertha Vasek, 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 da tembeil o 1981. BI M S YOR -ATTEST-:. Evelm Gaf.fga, Cit Stary-Treasurer APPROVER-IS 0 ORM: J. Wot Fullingim,, Assistant Cit Attorney APPRO AS TO CONTENT: Tom Nivens, Right-of-Way Agent RE: Resolution #906 , 9/10/81 Purchase of Lot 5, Blk. 8, Clutter 2nd Addn. Between Ivory' and King on E. 36th Street FOR: Street Light Easement FROM: Jim Vasek & wife 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--or the Deed Records for official recordation of this document, if any. EVELYN GAFFGA City Secretary RE: Reslution #906 900/81 Purcha e._f Lot 5:._kik Clutter 2nd Addn. Between "ivory and King on E. 36th Street FOR: Street Light Easement FROM: Jim Vasek & wife 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--or the Deed Records for official recordation of this document, if any. EVELYN GAFFGA City Secretary koV 9 dt198) cirr����r Z7 Ah/ L':CDERGROU:rD STREET LIGHT CABLE EASEMENT THE STATE Or TEXAS § 25971 KNOW ALL MEN BY THESE PF.ES'zN-S: COUNTY OF LUBBOCK § THAT_• _ Bertha Vesek of Lubbock County, Texas, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00), to her_ 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 v-luable consideration in benefits.accruing and to accrue to the remainder of her _ property have (has) by these presents GRANTED, BARG3L:EL, 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 5, Block 69 Clutter 2nd Addition to the City o.• Lubbock, Lubbock County, Teras, 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 shall be underground with the exception of such appurtenances above ground as may be necessary to the enjoyment of the underground easement. In order to assure the said CITY OF LUBBOCK, its successors and assigns of continuing access and enjoyment of said easement, the said Bertha Vasek , does (do) 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 M, ILM (S) this _j214ay of �tE+,n?h .,, , 19 B1 Bertha Vasek 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 _ ?erthe Tasek known to me to be the.person(s) whose name(s) is (are) subscribed to the foregoing instrument, and -acknowledged to me that s4 executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th day ofSeptember , 19 $1 Se. /Notary Public, Luy6bock County, Text My CCM Exfires Oct, 1984 y Commission Expires:.