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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/31/1954RECESSED REGULAR MEETING March 31, 1954 Lubbock, Texas The City Commission of the City of Lubbock, Texas, met at 10:00 A.M. in recessed regular session, recessed from Regular Meeting of March 25, 1954, in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Murrell R. Tripp, Commissioners Harry Morris, Hurley Carpenter, L. E. Davis, Lucian Thomas, City Manager Steve Matthews, Acting City Attorney W. L. Somers, City Secretary - Treasurer Lavenia Lowe. Absent: None. This meeting was called for a discussion of securing right-of-way for water supply lines in West Lubbock County. ;4-12-L� Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayw Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the following proposal of Mrs. J. C. (Lillie) Bowles, for ease- ment for construction of West Lubbock County water supply line, payment hereby authorized to be made from Water Bond Funds. roposal eturned o R.0.�1. -13-54 WEST LUBBOCK COUNTY WATER SUPPLY LINE P R O P O S A L TO: City Commission Lubbock, Texas WHEREAS, Mrs, J. C. Bowles, a widow is the sole owner of all that property lying and being situated in Lubbock County, Texas, being further described as follows, to -wit: SW4 Section 22, Block D5; and, WHEREAS, the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual ease- ment for the purpose of constructing, reconstructing and perpetually maintaining large water lines together with appurtenances including valves in, on, under, upon and across a portion of the above described property being further described as follows, to -wit. Beginning at the point of intersection of the north R.O.W. line of the Panhandle & Santa Fe Railway Co. (Clovis Branch) with the west line of Section 22, Block D5, Lubbock County, Texas; Thence north along said west line of Section 22, Block D5, a distance of 35.73 ft. to a point, said point being 25 ft, from and perpendicular to said R.O.W. line of Panhandle & Santa Fe Railway Co.; Thence in a southeasterly direction, 25 ft. from and par411el to said Railway R.O.W., a distance of 2584 ft. more or less to a point where said Railway R.O.W. widens to 100 ft. on each side of RR tracks; Thence in a southwesterly direction along the Panhandle & Santa Fe Railway R.O.W., a distance of 25 ft, to a point where said Railway R.O.W. turns in a northwesterly direction; Thence in a northwesterly direction along the North R.O.W. line of said Railway Co. a distance of 2559 ft. more or less, to the point of beginning. Containing 1.48 acres more or less for 25 ft. utility easement. and; WHEREAS, the CITY OF LUBBOCK is further desirous of obtaining a working easement for use during construction and reconstruction of water lines in the permanent and perpetual easement which will require an additional t wnnty-five (251) feet on the North side of that perpetual easement hereinabove described, it being fully understood and agreed that such working easement will be used only during periods of construction and reconstruction of water lines in the permanent easement, and; WHEREAS, it is understood and agreed that the CITY OF LUBBOCK shall, after construction, reconstruction, maintenance, or repair of such water lines, restore such premises to sub- stantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair, and it being further understood and agreed that any and all structures or facilities presently existing as of the date of the execution of this proposal in either the permanent or working easement herein proposed to be conveyed, shall be permitted to remain as the same now exists, but that no new structures or facilities which are not now presently existing shall be constructed upon the permanent and perpetual easement herein proposed to be conveyed to the CITY OF LUBBOCK, and; WHEREAS, it is understood and agreed that the CITY OF LUBBOCK shall have full use and enjoyment of the perpetual easement herein proposed to be conveyed, and further the CITY OF LUBBOCK shall have the right to enter upon the same at any and all times and seasons for any purposes whatsoever, provided, however, that any damages which may be sustained to growing crops at the time of entry on either the permanent or working easements herein described, the CITY OF LUBBOCK will compensate the person shown entitled thereto at the time such growing cops are injured or destroyed, the reasonable cash market value of such crops as of the date of such injury or damage, and; WHEREAS, it is further understood and agreed that this proposal is submitted subject to the due acceptance by the governing body of the CITY OF LUBBOCK and that if and when such proposal is accepted I will deliver to the CITY OF LUBBOCK, a complete abstract of Title sharing merchantable title in myself on all that property included within the perman. ent easement as hereinabove described; and further, that such abstract as presented to the CITY OF LUBBOCK, shall be for the purpose of examination only with the right of the CITY OF LUBBOCK to have such abstract supplemented and brought down to date at its own cost and expense, the base abstract being returned to me and the supplement which shall be paid for by the CITY OF LUBBO QK, to remain the property of the CITY OF LUBBOCK; and, WHEREAS, it is further understood and agreed that upon acceptance of this proposal by tho CITY OF LUBBOCK, I do grant to the CITY OF LUBBOCK, its authorized agents, legal representatives, contractors and assigns, the right to enter upon the permanent and working easements herein described for any and all purposes contemplated by this proposal, such right of entry to be granted pending final determination of merchantable title in me and for correction of any curative matter which may appear in the abstract to be examined, in order to not unduly delay the commencement of constructioncf such water line, and; WHEREAS, it is further understood and agreed that any and all liens against the land lying within the proposed permanent and working easements herein described, must be either released or subordinated to such easements before passage of any consideration, such lien holders, their character of lien, amount of indebtedness, dates and where recorded, are set out as follows: And, all of the tenants in possession of the land lying within such permanent and work- ing easements are listed as follows: WILL REED NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That I, on this 19th day of March, 1954, do hereby propose and offer to convey to the CITY OF LUBBOCK such permanent and working easements as herein provided and upon the terms and conditions as herein expressed for and in consideration of payment to myself of the sum of $592.00 Dollars which amount includes any and all damages of every kind and nature except damages to growing crops, Yours truly, es PPiRS. J. C. BOWIES STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK �l THAT WE, Will Reed and wife Myrtle Reed, being the tenants in possession of the pre- mises described in the above and foregoing instrumennt,/ag in consideration of the sum of One Dollar cash in hand paid by the owners of such property, and the CITY OF LUBBOCK, and other valuable consideration the receipt of.which is hereby acknowledged and confessed, and after having read the above and foregoing proposal and each anovery condition and covenant and offertherein contained do hereby BY THESE PRESWS, for the purpose of obtain- ing the approval by the CITY OF LUBBOCK of such proposal, release the CITY OF LUBBOCK and its assigns from any and all damages accruing or resulting from any and all operations contemplated by the above and foregoing proposal if the same should be accepted by the CITY OF LUBBOCK. WITNESS My (our) hands this 22nd day of February, 1954. _ fs1 Will Reed Will Reed &ydle Reed BE'IT RESOLVED BY THE CITY CONMISSION OF THE CITY OF LUBBOCK: That the foregoing proposal BE, and the same is hereby accepted this, the 31st day of March, 1954. Is/ 1 Murre7LE Triu� _ MAYOR ATTEST: Al Laayeni.a Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES BEFORE ME, the undersigned, a Notary Public in and for said County, on this day personally appeared Mrs. J. C. Bowles, known to me to be the person whose name is sub- scribed to the foregoin:- instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 19th day of March, A. D., 1954. 'eSuttMfqU Notary Public, Los Angeles THE STATE OF TEXAS County, California � COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public/Ad for said County, Texas, on this day personally appeared Will Reed and wife Myrtle Reed, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expres=aed, and the said Myrtle Reed, wife of the said Will Reed, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Myrtle Reed, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 22nd day of February, A.D., 1954. Al J. A. Ma mr-d ..___ Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Murrell R. Tripp, known to me to be the person whose name is subsdribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 31st day of March, A. D., 1954, V Maxine M Candl Notary Public, Lubbock County, Texas, L 12-450mM6 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Xea, none voting Nay, -iginal to authorize acceptance of the following proposal of Ruth Stair Blake for easement for con- -oposal struction of West Lubbock County Water Supply Line, payment hereby authorized to be made turned from Water Bond Funds. R.O.W. -13-54 WEST LUBBOCK COUNTY WATER SUPPLY LINE P R O P O S A L TO: City Commission Lubbock, Texas WHEREAS, Ruth Starr Blake., a f eme _sole , is the sole owner of all that property lying and being situated in Lubbock County, Texas, being further described as follows, to -wit: SECTION 21, Block D5. and; WHEREAS, the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual ease- ment for the purpose of constructing, reconstructing and perpetually maintaining large water lines together with appurtenances including valves in, on, under, upon and across a portion of the above described property being further described as follows, to -wit: Beginning at the point of intersection of the North R.O.W. line of Panhandle & Santa Fe Railway Co. (Clovis Branch), with the north line of Section 21, Block D5, Lubbock County, Texas; Thence east along said north line of Section 21, Block D5, 34.99 ft. to a point, said point being 25 ft. from and perpendicular to said R.O.W. line of Panhandle & Santa Fe Railway Co.; Thence in a southeasterly direction, 25 ft. from and parallel to said Rail- way R.O.W. a distance of 4184 ft. more or less, to a point in the east line of Section 21, Block D5; Thence south along said east line of Section 21, Block D5, a distance of 35.73 ft. to a point on the North R.O.W. line of Panhandle & Santa Fe Railway Co.; Thence in a north- westerly direction along the north R.O.W. line of said Railway Co., 4234 ft. more or less to the point of beginning. Containing 2.41 acres more or less for 25 ft. utility easement. and; WHEREAS., the CITY OF LUBBOCK is further desirous of obtaining a working easement for use during construction and reconstruction of water lines in the permanent and perpetual easement which will require an additional twenty-five (25) feet on the North side of that perpetual easement hereinabove described, it being fully understood and agreed that such working easement will be used only during periods of construction and reconstruction of water lines in the permanent easement, and; WHEREAS, it is understood and agreed that the CITY OF LUBBOCK shall, after construction, reconstruction, maintenance, or repair of such water lines, restore such premises to sub- stantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair, and it being further understood and agreed that any and all structures or facilities presently existing as of the date of the execution of this{roposal in either the permanent or working easement herein proposed to be conveyed, shall be permitted to remain as the same now exists, but that no new structures or facilities which are not now presently existing shall be constructed upon the permanent and perpetual easement herein proposed to be conveyed to the CITY OF LUBBOCK,, and; WHEREAS, it is understood and agreed that the CITY OF LUBBOCK shall have full use and enjoyment of the perpetual easement herein proposed to be conveyed, and further the CITY OF LUBBOCK shall have the right to enter upon the same at any and all times and seasons for any purposes whatsoever, provided, however, that any damages which may be sustained to growing crops at the time of entry on either the permanent or working easements herein described, the CITY OF LUBBOCK will compensate the person shown entitled thereto at the time such growing crops are injured or destroyed, the reasonable cash market value of such crops as of the date of such injury or damage; and; WHERFA1 , it is further understood and agreed that upon acceptance of this proposal by the CITY OF LUBBOCK., we (I) do grant to the CITY OF LUBBOCK, its authorized agents, legal representatives, contractors and assigns, the right to enter upon the permanent and working easements herein described for any and all purposes contemplated by this proposal, such right of entry to be granted pending final determination of merchantable title in us (me) and for correction of any curative matter which may appear in the abstract to be examined, in order to not unduly delay the commencement of construction of such water line, and; WHEREAS, it is further understood and agreed that any and all liens against the land lying within the proposed permanent and working easements herein described, must be either released or subordinated to such easements before passage of any consideration, such lien holders, their character of lien, amount of indebtedness, dates and where recorded, are set out as follows: NONE. And, all of the tenants in possession of the land lying within such permanent and work- ing easements are listed as follows: B. F. PETTIET, Shallowater, Texas. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That we on this 24th day of March, 1954, do hereby propose and offer to convey to the CITY OF LUBBOCK such permanent and working easements as herein provided and upon the terms and conditions as herein expressed for and in consideration of paFment to us of the sum of $964.00 Dollars which amount includes any and all damages of every kind and nature except damages to growing crops. Yours truly, /s/ Ruth Starr Blake STATE OF TEXAS KNOW ALL Ali BY THESE PRESENTS: COUNTY OF LUBBOCK THAT WE, B. F. Pettiet and wife Willie Marie Pettiet, being the tenants in possession of the premises described in the above and foregoing instrument, for and in consideration of the sum of One Dollar • cash in hand paid by the owners of such property, and the CITY OF LUBBOCK, and other valuable consideration the receipt of which is hereby acknowledged and confessed, after having read the above and foregoing proposal and each and every condi- tion and covenant and offer therein contained do hereby BY THESE PRESENTS, for the purpose of obtaining the approval by the CITY OF LUBBOCK of such proposal, release the CITY OF LUBBOCK and its assigns from any and all damages accruing or resulting from any and all operations contemplated by the above and foregoing proposal if the same should be accepted by the CITY OF LUBBOCK, WITNESS our hands this 26th day of March, 1954. Isl a_Tettiet BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the foregoing proposal BE, and the same is hereby accepted this, the 31st day of March, 1954• /s/ Murreal_. Trim._ MAYOR ATTEST: Is/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF HARRISON BEFORE ME, the undersigned, a Notary Public in and for said County, Texas on this day personally appeared Ruth Starr Blake, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 24th day of March, A. D., 1954, lsl F. S. Maaep Notary Public, Harrison County, Texas. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared B. F. Pettiet and Willie Marie Pettiet his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Willie Marie Pettiet, wife of the said B. F. Pettiet, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Willie Marie Pettiet, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 26th day of March, A. D., 1954. l&/_ J. A,&=w_d ____ Notary Public, Lubbock County, THE STATE OF TEXAS Texas. COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Murrell R. Tripp, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 31st day of March, A. D., 1954. /s/ Maxine -McCandless - Notary Public, Lubbock County, Texas, L-12«•1�5a.M8_37 Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal of Mr. Alton Hardy for right-of-way easement for water supply line in West Lubbock County, payment hereby authorized to be made from Water Bond -iginal Funds. The proposal follows: ,oposal turned WEST LUBBOCK COUNTY WATER SUPPLY LM R.O.W. PROPOSAL 13 -54 TO: City Commission Lubbock, Texas WHEREAS, Alton Hardy and wife Nora E. Hardy are the sole owners of all that property lying and being situated in Lubbock County, Texas, being further described as follows, to -wit Section 26, Block D5, Lubbock County, Texas. and, WHEREAS, the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual easement for the purpose of constructing, reconstruction and perpetually maintaining large water lines together with appurtenances including valves, in, on, under and across a portion of the above described property being further described as follows, to -wit: Starting at the point of intersection of the North R.O.W. line of the Panhandle & Santa Fe Railway Co. (Clovis Branch) with the west line of Section 26, Block D5, Lubbock County, Texas; Thence in a southeasterly direction along the north line of said Railway R.O.W., a distance of 1661 ft., more or less, to a point where said railway R.O.W. narrows, said point being the point of beginning; Thence in a southwesterly direction along the Railway R.O.W., a distance of 25 ft. to a point; Thence in a southeasterly direction along the Railway R.O.W., a distance of 2100 ft., more or less, to a point, said point being in the north -south half section line of Section 35, Block D5; Thence north along said half section line of Section 35, Block D5; Thence north along said half section line of Section 35, /B�prcbm Frp 1 ��° a d7tto a o�cehni 0inorthwesterly direction, 25 ft., more os, o e po eg��ing, on a3ning acres, more or less, for 25 ft. permanent utility easement, and, WHEREAS, the CITY OF LUBBOCK is further desirous of obtaining a temporary working ease- ment for use during construction of water lines in the permanent and perpetual easement which will require an additional twenty-five (25t) feet on the north side of the perpetual easement hereinabove described, it being fully understood and agreed that such temporary working easement shall automatically in all things expire on January 31, 1955, and all rights hereby proposed to be conveyed under such temporary working easement shall ipso facto revert to us, our heirs and assigns, without further writing on January 31, 1955; and, WHEREAS, it is understood and agreed that the CITY OF LUBBOCK, its successors, assigns, agents, workmen and legal representatives, shall place such water lines and all appurtenances including valves at least eighteen (1811) inches below the surface; and further, that our and working heirs and assigns shall have and maintain the right to cross both the propos ed/g�d � herein described with all types of utility lines, roads and railroad trackage, at no cost to us and further, that all reasonable means will be used to protect all existing irrigation lines and ditches and repair the same immediately; and further, a City representative will be prey sea at all times with the Contractor in construction of such water lines; and further, after construction, reconstruction, maintenance or repair of such water lines, such premises will be restored to substantially the same condition as the same were in prior to such construction reconstruction, maintenance or repair and allcal.iche will be buried to a depth of not less than eighteen (1811) inches below the surface of the soil in all cases except where caliche presently exists less than eighteen (1811) below the surface of the soil, and further, any and all structures or facilities presently existing as of the date of the execution of this Proposal in the permanent easement herein proposed to be conveyed will be permitted to remain substantially as the same now exists, but that no new structures or facilities which are not now presently existing shall be constructed upon the permanent easement herein proposed to be conveyed to the CITY OF LUBBOCK except as herein otherwise provided; and, WHEREAS, it is understood and agreed that the CITY OF LUBBOCK, its successors, assigns, agents, workmen and legal representatives, shall have full use and enjoyment of the perpetual easement herein proposed to be conveyed, and shall have the right to enter upon the same at any Und all times and seasons for any purposes whatsoever , provided, however, that any damages which may be sustained to growing crops at the time of entry on either the permanent or working easements herein described, the CITY OF LUBBOCK will compensate the persons shown entitled thereto at the time such growing crops are injured or destroyed, the reasonable cash market value of the anticipated matured crops as of the date of such injury or damage; and further, thatany top soil water erosion damage which may be sustained as direct result of water pipe line breaks and/or as a result of, f Wllwcaeter control dikes being out of ser- vice during construction, the CITY OF LUBBOCK will compensate the persons shown entitled thereto at the time such soil erosion occurs, reasonable damages for such soil erosion; and, WHEREAS, it is further understood and agreed that this Proposal is submitted subject to due acceptance by the governing body of the CITY OF LUBBOCK and that if and when such proposal is accepted we will deliver to the CITY OF LUBBOCK, a complete Abstract of Title showing good and valid title in us on all that property included within the permanent ease- ment as hereinabove described; and further, that such abstract as presented to the CITY OF LUBBOCK, shall be for the purpose of examination only with the right of the CITY OF LUBI.�OCK to have such abstract supplemented and brought down to date at its own cost and expense, the base abstract being returned to us and the supplement which shall be paid for by the CITY OF LUBBOCK, to remain the property of the CITY OF LUBBOCK, in the event there are valid objections to title we shall have a reasonable time in which to cure such defects, and the CITY OF LUBBOCK shall also have a reasonable time in which to cure such defects. If we fail or refuse to cure said title defects and the CITY OF LUBBOCK also fails or re- fuses to cure said title defects, if any, then upon written notice to us by the CITY OF LUBBOCK of its failure or refusal to cure said title defects, if any, this Proposal may be cancelled by either party hereto and this Proposal shall thereupon become void and not be enforceable or breach of it actionable on either side; and, WHEREAS, it is further understood and agreed that upon acceptance of this Proposal by the CITY OF LUBBOCK, we do grant to the CITY OF LUBBOCK, its authorized agents, legal re- presentatives, contractors and assigns, the right to enter upon the permanent and working easements herein described for any and all purposes contemplated by this Proposal, such right of entry, to be granted pending final determination of good and valid title in us and for correction of any curative matter which may appear in the abstract to be examined, in order to not unduly delay the commencement of construction of such water line; and, WHEREAS, it is further understood and agreed that any and all liens against the land lying within the proposed permanent and working easements herein described, must be either released or subordinated to such easements before passage of any consideration, such lien holders, their character of lien, amount of indebtedness, dates and where recorded, are set out as follows: And, all of the tenants in possession of the land lying within such permanent and work- ing easements are listed as follows: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That we on this 27th day of March, 1954, do hereby propose and offer to convey to the CITY OF LUBBOCK such permanent and work- ing easements as herein provided and upon the terms and conditions as herein expressed for and in consideration of payment to us of the sum of $480.00 Dollars which amount includes any and all damages of every kind and nature except damages to growing crops, and soil erosion as herein provided, however we retain and reserve all our common law rights, if any,, that would have remained in us after final judgment and payment to me of the full award had this easement and all rights granted herein been acquired by statutory condemnation proceedings rather than by peaceable -negotiation and purchase. Yours truly 4ALA9ra..E_ Hardy THE STATE OF TEXAS i LUBBOCKCOUNTY OF LUiKNOW ALL MEN BY THESE PRESENTS: IJ THAT WE Berlin Haught and wife LaVerne Haught, being the tenants in possession of the premises described in the above and foregoing instrument, for and in consideration of the sum of One Dollar cash in hand paid by the owners of such property, and the CITY OF LUBBOCK, and other valuable consideration the receipt of which is herby acknowledged and confessed, and having read the above and foregoing proposal and each and every condition and covenant and offer therein contained do hereby BY THESE PRESENTS, for the purpose of obtaining the approval by the CITY OF LUBBOCK of such proposal, release the CITY OF LUBBOCK and its assigns from any and all damages accruing or resulting f ram any and all operations con- templated by the above and foregoing proposal if the same should be accepted by the CITY OF LUBBOCK. WITNESS our hands this 27th day of March, 1954. FAR A - I.t .a - t BE IT RESOLVED BY THE CITY COMMISSION CF THE CITY OF LUBBOCK* That the foregoing proposal BE, and the same is hereby accepted this, the 31st day of March, 1954. ' - M i wa.,� ' ai ATTEST: Is/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared Alton Hardy and Nora E. Hardy, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Nora E. Hardy, wife of the said Alton Hardy, having beeh examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Nora E. Hardy, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 27th day of March, A. D., 1954. Zal .L.- A.rU�,vnard Notary Public, Lubbock County, Texas. THE, STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Murrell R. Tripp, known to me to be the person whose name is subscribed to the f oregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and the capacity therein stated. CGIVEN UNDER MY HAND AND SEAL OF OFFICE, this 31th day of March, A. D. 1954. /s/ Maxine McCandless Notary Public, Lubbock County, Texas, THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE NE, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared Berline Haught and Laverne Haught., his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said LaVerne Haught, wife of the said Berlin Haught, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said LaVerne Haught acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICh, This 27th day of March, A. D., 1954. JAI J. A. Kwmrd Notary Public, Lubbock County, Texas, 4-12-454-M Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis, Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal of A. C. Wright to grant to the City an easement for right-of-way for water supply line in West Lubbock County, payment hereby authorized •iginal to be made from Water Bond Funds. The Easement follows: •oposa1 WEST LUBBOCK COUNTY WATER SUFPLY LINE -turned )R.O.W. PROPOSAL •13 -54 TO: City Commission Lubbock, Texas WHEREAS, A. C. Wright and wife Bessie A. Wright are the sole owners of all that property lying and being situated in Lubbock County, Texas, being further described as follows, to -wit: Section 35 - Blk. D5 - A.C. Wright, and; WHEREAS, the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual ease- ment for the purpose of constructing, reconstructing and perpetually maintaining large water lines together with appurtenances including valves in, on, under and across a portion of the above described property being further described as follows, to -wit: Beginning at the intersection of the north line of Panhandle & Santa Fe Railway Co. (Clovis Branch) with the north line of Sect. 35 - Blk. D5, Lubbock County, Texas; Thence in a southeasterly direction, along the north line of said Railway Company, a distance of 4334 ft. more or less to a point, said point being where the Railway R.O.W. widens to 100 ft. on north side of tracks; Thence in a northeast direction along the Railway R.O.W., a distance of 25 ft. to a point; Thence in a northwesterly direction, 25 ft. from and parallel to Railway R.O.W. a distance of 4309 ft. more or less to a point in the north line of Sect. 35 - Blk. D5; Thence west along the north line of Sect. 35 - Blk. D5, a distance of 39.98 ft* to the point of beginning. Containing 2.47 acres more or less for 25 ft. permanent utility easement. The City of Lubbock agrees to pay the sum of $400.00 for eight trees now located within the easements. and, WHEREAS, the CITY OF LUBBOCK is further desirous of obtaining a temporary working easement for use during construction of water lines in the permanent and perpetual ease- ment which will require an additional twenty-five (25 1) feet on the north side of the perpetual easement hereinabove described, it being fully understood and agreed that such temporary working easement shall automatically in all things expire January 31, 1955; and all rights hereby proposed tote conveyed under such temporary working easement shall ipso facto revert to us, our heirs and assigns, without further writing on January 31, 1955; and, WHEREAS, it is understood and agreed that the CITY OF LUBBOCK, its successors, assigns, agents, workmen and legal representatives shall place such water lines and all appurtenances including valves at least eighteen (1811) inches below the surface; and further, that our heirs and assigns shall have and maintain the right to cross both the proposed permanent and working easements herein described with all types of utility lines, roads and railroad trackage, at no cost to us; and further, that all reasonable means wig l be used to protect all existing irrigation lines and ditches and repair the same immediately; and further, a City representative will be present at all times with the Contractor in construction of such water lines; and further, after construction, reconstruction, maintenance or repair ^f such water lines, such premises will be restored to substantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair and all caliche will be buried to a depth of not less than eighteen (1811) inches below the surface of the soil in all cases except where caliche presently exists less than eighteen (1811) inches below the surface of the soil;and further, any and all structures or facilities presently existing as of the date of the execution of this Proposal in the permanent easement herein proposed to be conveyed will be permitted to remain substantially as the same now exists, but that no new structures or facilities which are not now presently existing shall be constructed upon the permanent easement herein proposed to be conveyed to the CITY OF LUBBOCK except as herein otherwise provided; and, WHEREAS, it is understood and agreed that, the CITY OF LUBBOCK, its successors, assigns, agents, workmen and legal representatives, shall have full use and enjoyment of the pert • petuAl easement herein proposed to be conveyed, and shall have the right to enter upon the same at any and all times and seasons for any purposes whatsoever, provided, however, that any damages which may be sustained to growing crops at thgtime of entry on either the per- manent or working easements herein described, the CITY OF LUBBOCK will compensate the persons shmm entitled thereto at the time such growing crops are injured or destroyed, the reasonable cash market value of the anticipated matured crops as of the date of such injury or damage; and further, that any top soil water erosion damage which may be sustain- ed as a direct result of water pipe line breaks and/or as a result of surface flood water control dikes being out of service during construction., the CITY OF LUBBOCK will compensate the persons shown entitled thereto at the time such soil -erosion, occurs, reasonable damages for such soil erosion; and, WHEREAS, it is further understood and agreed that this Proposal is submitted subject to the due acceptance by the governing body of the CITY OF LUBBOCK and that if and when such proposal is accepted we will deliver to the CITY OF LUBBOCK, a complete Abstract of . Title, showing good and xalid title in us on all that property included within the permanent easement as hereinabove described; and further, that such abstract as presented to the CITY OF LUBBOCK shall be for the purpose of examination only with the right of the CITY OF LUBBOCK to have such abstract supplemented and brought down to date at its own cost and expense, the base abstract being returned to us and the supplement which shall be paid for by the CITY OF LUBBOCK, to remain the property of the CITY OF LUBBOCK. In the event there are valid objections to title we shall have a reasonable time in which to cure such defects, and the CITY OF LUBBOCK shall also have a reasonable time in which to cure such defects., If we fail or refuse to cure said defects and the CITY OF LUBBOCK also fails br refuses to cure said title defects, if any, then upon written notice to us by the CITY OF LUBBOCK of/it s failure or refusal to cure said title defects, if any, this Proposal may be cancelled by either party hereto and this Proposal shall thereupon become void and not be enforceable or breach of its actionable on either -side; -and., WHEhEASI it is further understood and agreed that upon acceptance of this Proposal by the CITY OF LUBBOCK., we do grant to the CITY OF LUBBOCK, its authorized agents, legal representatives, contractors and assigns, the right to enter upon the permanent and working easements herein described for any and all purposes contemplated by this Proposal, such right of entry to be granted pending final determination of good and valid title in us and for correction of any curative matter which may appear in the abstrac'L to be examined, in order to not unduly delay the commencement of construction of such water line; and, WHEREAS, it is further understood and agreed that any and all liens against the land lying within the proposed permanent and working easements herein described, must be either released or subordinated to such easements before passage of any consideration, such lien holders, their character of lien, amount of indebtedness, dates and where recorded, are set out as follows: NO LIM . And, all of the tenants in possession of theland lying within such permanent and work- ing easements are listed as follows: NONE NOW, THEREFORE, KNOW ALL MEN BY THESE eR,ESENTS: That we,pn this 29th day of March, 1954, do hereby, propose and offer to convey to the CITY OF LUBBOCK such permanent and working easements as herein provided and upon the terms and conditions as herein expressed for and in consideration: of payment to us of the sum of $1388.00 Dollars which amount includes any and all damages of every kind and nature except damages to growing crops, and soilerosion as herein xrovided, however we retain and reserve all our common law rights if any, that would have remained in us after final judgment and payment to us of the full award had this easement and all rights granted herein been acquired by statutory condemna- tion proceedings rather than by peaceable negotiation and purchase. Yours t ruly BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the foregoing proposal BE, and the same is hereby accepted this, the 31st day of March, 1954. ATTEST: Is Lg we Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS Q COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared A. C. Wright and Bessie A. Wright, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each exeeut4d the same for the purposes and consideration therein expressed and the said Bessie A. Wright, wife of the said A. C. Wright, having been examined by me privily and apart from her husband and having the same fully explained to her, she, the said Bessie A. Wright, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 29th day of March, A. D., 1954, Notary Public, Lubbock County, Texas. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Murrell R. Tripp, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me thb►t he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 31st day of March,/1 ho ,GD.sdles- Notary Public, Lubbock County, Texas, 4-l2-k5_6-!539 Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal of Mrs. Minnie Ireland to grant to the City an easement for water supply line to West Lubbock County, payment hereby authorized to be made from Water ^iginal Bond Funds. Mrs. Ireland's proposal follows: 7oposal WEST LUBW CK COUNTY WATER SUPPLY LINE ?tunled )R.O.W. PROPOSAL .13- 54 TO: City Commission Lubbock, Texas WHEREAS, E. E. Ireland and wife Minnie Ireland are the sole orners of all that property lying and being situated in Lubbock County, Texas, being further described as follows, to -wit: SW� Section 36, Block D5. and; WHEREAS, the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual easement for the purpose of constructing, reconstructing and perpetually maintaining large water lines together with appurtenances including valves in, on, under and across a portion of the above described property being further described as follows, to -wit: Beginning at the point of intersection of the North R.O.W. line of Panhandle & Santa Fe Railway Co. (Clovis Branch) with the south line of Section 36, Block D5, Lubbock County, Texas; Thence in a northwesterly direction along said north R.O.W. line of Railway R.O.W., a distance of 2230 ft., more or less, to a point, said point beLng in the north Railway R.O.W.line where said Railway R.O.W. widens from 50 ft. to 100 ft. on the north side of the railroad; Thence in a northeasterly direction along said Railway R.O.W., a distance of 25 ft. to a point; Thence in a southeast- erly diredtion, 25 ft. from and parallel to said Railway R.O.W., a distance of 2258 ft., more or less, to a point, said point being in the south line of Section 36, Block D5; Thence west along the sout4 line of Section 36, Block D5, a distance of 38.26 ft. to point of beginning. Containing 1.28 acres, more or less, for 25 ft. utility easement. and, WHEREAS, the CITY OF LUBBOCK is further desirous of obtaining a temporary working easement for use during construction of water lines in the permanent and perpetual ease- ment which will require an. additional twenty-five (251) feet on the north side of the perpetual easement hereinabove described, it being fully understood an4Agreed that such temporary working easement shall automatically in all things expire January 31, 1955, and all rights hereby proposed to be conveyed under such temporary working easement shall ipso facto revert to us, our heirs and assigns, without further writing on January 31, 1955; and, WHEREAS, it is understood and agreed that the CITY OF LUBBOCK, its successors, assigns, agents, workmen and legal representatives, shall place such water lines and all appurtenances including valves at least eighteen (1811) inches below the surface; and further, that our heirs and assigns shall have and maintain the right to cross both the proposed permanent and working easements herein described with all types of utility lines, roads and railroad trackage, at no cost.to us and further; that all reasonable means will be used to protect all existing irrigation lines and ditches and repair the same immediately and further, a City representative will be present at all times with the Contractor in construction of such water lines; and further, after construction, reconstruction, maintenance or repair of such water lines, such premises will be restored to substantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair and all cabche will be buried to a depth of not less than eighteen (1811) inches below the surface of the soil in all cases except where caliche presently exists less than eighteen (1811) below the surface of the soil; and further, any and all structures or facilities presently existing as of the date of the execution of this Proposal in the permanent easement herein proposed to be conveyed will be permitted to remain substantially as the same now exists, but that no new structures or facilities which are not now presently existing shall be con- structed upon the permanent easement herein proposed to be conveyed to the CITY OF LUBBOCK except as herein otherwise provided; and, WHEREAS, it is understood and agreed that the CITY OF LUBBOCK, its successors, assigns, agents, workmen and legal representatives, shall have full use and enjoyment of the perpetual easement herein proposed to be conveyed, and shall have the right to enter upon the same at any and all times and seasons for any purposes whatsoever, provided, however, that any damages which may be sustained to growing crops at the time of entry on either the permanent or working easements herein described, the CITY .OF LUBBOCK will compensate the persons shown entitled thereto at the time such growing crops are injured or destroyed, the reasonable cash market value of the anticipated matured crops as of the date of such injury or damage; and further, that any top.soil water erosion damage which may be sustained as a direct result of water pipe line breaks and/or as a result of surface flood water control dikes being out of service during construction, the CITY OF LUBBOCK will compensate the persons shown entitl- ed thereto at the time such soil erosion occurs, reasonable damages for such soil erosion; and, WHEREAS, it is further understood and agreed that this Proposal is submitted subject to the due acceptance by the governing body of the CITY OF LUBBOCK and that if and when such proposal is accepted we will deliver to the CITY OF LUBBOCK, a complete Abstract of Title showing good and valid title in us on all that property included within the permanent ease- ment as hereinabove described; and further, that such abstract as presented to the CITY OF LUBBOCK, shall be for the purpose of examination only with the right of the CITY OF LUBBOCK to have such abstract supplemented and brought down to date at its own cost and expense, the base abstract being returned to us and the supplement which shall be paid for by the CITY OF LUBBOCK, to remain the property of the CITY OF LUBBOCK. In the event there are valid objections to title we shall. have a reasonable time -in which to cure such defects, and the CITY OF LUBBOCK shall also have a reasonable time in which to cure such defects. If we fail or refuse to cure said title defects and the CITY CF LUBBOCK also fails or refuses to cure said title defects, if any, then upon written notice. to. us by the CITY OF LUBBOCK of its failure or refusal to cure said title defects, if any, this Proposal may be cancelled by either party hereto and this Proposal shall thereupon become.void and not be enforceable or breach of its actionable on either side; and, WHEREAS, it is further understood and agreed that upon acceptance of this Proposal by the CITY OF LUBBOCK, we do grant to the CITY OF LUBBOCK, its authorized agents, legal re- presentatives, contractors and assigns, the right to enter upon the permanent and working easements herein described for any and all purposes contemplated by this Proposal, such right of entry to be granted pending final determination of good and valid title in us and for correction of any curative matter which may appear in the abstract to be examined, in order to not unduly delay the commencement of construction of such water line; and, WHEREAS, it is further understood and agreed that any and all liens against thgland lying within the proposed permanent and working easements herein described, must be- either ti released or subordinated to such easements before passage of any consideration, such lien holders, their character of lien, amount of indebtedness, dates and where recorded, are set out as follows: Xnd, all of the tenants in possession of the land lying within such permanent and work- ing easements are listed as follows: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That we on this 30th day of March, 1954, do hereby propose and offer to convey to the CITY OF LUBBOCK such permanent and work- ing easements as herein provided and upon the terms and conditions as herein expressed for and in consideration of payment to us of the sum of $512,00 Dollars which amount includes any and all damages of every kind and nature except damages to growing crops, and soil erosion as herein provided, however we retain and reserve all our common �q► rights, that would have remained in us after final judgment and payment to me of the/8wwad has this ease- ment and all rights granted herein been acquired by statutory condemnation proceedings rather than by peaceable negotiation and purchase. Yours truly, f s f E. B.-Ireland_, . . THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT WE J. B. Ireland and wife Mrs. J. B. Ireland being the tenants in possession of the premises described in the above and foregoing instrument, for and in consideration of the sum of One Dollars cash in hand paid by the owners of such property, and the CITY OF LUBBOCK, and other valuable consideration the receipt of which is hereby acknowledged and confessed, after having read the above and foregoing proposal and each and every condition and covenant and offer therein contained do hereby BY THESE PRESENTS, for the purpose of obtaining the approval by the CITY OF LUBBOCK of such proposal, release the CITY OF LUBBOCK and its assigns from any and all damages accruing orzesulting from any and all operations contemplated by the above and foregoing proposal if the saaue should be accepted by the CITY OF LUBBOCK. WITNESS our hands this 31st day of March, 1954. - M BE IT RESOLVED BY THE CITY CO1*11SSION OF THE CITY OF LUBBOCK: that the foregoing proposal BE, and the same is hereby accepted this, the 31st day of March, 1954. /s / Murrell R. Tni MAYOR ATTEST: Is/ Laverk Lowe 1 Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared E. E. Ireland and Minnie Ireland, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Minnie Ireland, wife of the said E. E. Ireland, having been examined by me privily and apart from her husband, and having the same fully explained to her, she the said Minnie Ireland, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OFFICE, this 30th day of March, A. D., 1954. Isl Albert L. EUld . Notary Public, Lubbock County, Texas. THE STATE OF TEXAS � COUNTY OF LUBBOCK BEFORF, ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared J. B. Ireland and Mrs. J. B. Ireland, his rife, both known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Mrs. J. B. Ireland, wife of the said J. B. Ireland, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Mrs. J. B. Ireland, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. THE STATE OF TEXAS GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 31st day of March, A. D., 1954. COUNTY OF LUBBOCK Z,9/-_A1b&r ..L. Yi.eld- BEFORE MEN the undersigned authority, a Notary Public in and Notary Public, Lubbock County, for Lubbock County, Texas, on this day personally appeared Murrell Texas. . Tripp, known to me to be the erso w�ohose name s subsc bed to the bre oing instrument, and a�$wd�JBOCK that eY�ecured the same as Ne act and deed of the ' r },� oses and consideration therein expressed, Me capacity therein stated. GIVEN UNDER ATHAND AND 8.J 0V OFPY� this 31st day of March, A. D. 1954. /s/ Maxine Mc6andless, Notary Public, Lubboc� County, 54-12-458-840 Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the following proposal of Clyde Whitaker to grant to the City Original an easement for the construction of water supply line to West Lubbock County, payment Propoaal hereby authorized to be made from Water Bond Funds. returned to R.O.W. 4-13- 54 WEST LUBBOCK COUNTY WATER SUPPLY LINE P R O P O S A L TO: City Commission Lubbock, Texas WHEREAS, Clyde Whitaker and wife 011ie Mae Whitaker are the sole owners of all that property lying and being situated in Lubbock County, Texas, being further described as follows, t o-wit : A part of Section 33, Block JS and; and Texas WHEREAS, the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual easement for the purpose of constructing, reconstructing and perpetually maintaining large water lines together with appurtenances including vives in, on, under and across a portion of the above described property being further described as follows, to -wit: Beginning at the point of intersection of the North R.O.W. line of Panhandle & Santa Fe Railway Co, (Clovis Branch) with the north line of Section 33, Block JS, Lubbock County, Texas; Thence east along the north line of Section 33, Block JS, 38.26 ft. to a point, said point being 25 ft. from and perpendicular to said north R.O.W. line of Panhandle & Santa Fe Railway Co.; Thence in a southeasterly direction, a distance of 3877 ft. more or less to a point in the east line of Section 33, Block JS; Thence south along the east line of Section 33, Block JS, a distance of 33.02 ft. to a point on the north R.O.W. line of Panhandle & Santa Fe Railway Co.; Thence in a northwesterly direction along the north R.O.W. line of Panhandle and - Santa Fe Railway Co., a distance of 3928 ft. more or less to the point of beginning. Containing 2.23 acres more or less for 25 ft. utility easement. The City of Lubbock shall replace a concrete irrigation underground pipe line from a point approximately 12. ft. north of the centerline of the main track of the Panhandle and Santa Fe Railway (Clovis Branch) to a point on the north side of the proposed 25 ft. per- manent easement, a total lineal distance of approximately 63 ft. Concrete pipe is to be replaced with 12" cast iron pipe. and, WHEREAS, the CITY OF LUBBOCK is further desirous of obtaining a temporary working easement for use during construction of water lines in the permanent and perpetual easement which will require an additional twenty-five (25t) feet on the north side of the perpetual easement hereinabove described, it being fully understood and agreed that such temporary working easement shall automatically in all things expire on January 31, 1955, and all rights hereby proposed to be conveyed under such temporary working easement shall ipso facto revert to us, our heirs and assigns, without further writing on January 34 1955; and, WHEREAS, it is understood and agreed that the CITY OF LUBBOCK, its successors, assigns, agents, workmen and legal representatives, shall place such water lines and all appurtenances including valves at least eighteen (1811) inches below the surface; and further, that our heirs and assigns shall have and maintain the right to cross both the proposed permanent and working easements herein described with all types of utility lines, roads and railroad trackage, at no cost to us; and further that all reasonable means will be used to protect all existing irrigation lines and ditches and repair the same immediately and further, a City representative will be present at all times with the Contractor in construction of such water lines; and further, after construction, reconstruction, maintenance or repair of such water lines, such premises will be restored to substantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair and all caliche will be buried to a depth of not less than eighteen (1811) inches below the surface of the soil in all cases except where caliche presently exists less than eighteen (1811) below the surface of this soil, and further, any and all structures or facilities presently existing as of the date of the execution of this Proposal in the permanent easement herein proposed to be conveyed will be permitted to remain substantially as the same now exists, but that no new structures or facilities which are not/proesently existing shall be constructed upon the permanent easement herein proposed to be conveyed to the CITY OF LUBBOCK except as herein otherwise provided; and.. WHEREAS, it is understood and agreed that the CITY OF LUBBOCK, ITS successors, assign agents, workmen and legal representatives, shall have fult. use and enjoyment of the perpetual easement herein proposed to be conveyed, and shall have the right to enter upon the same at any and all times and seasons for any purposes whatsoever, provided, however, that any damages which may be sustained to growing crops at the time 68 entry on either the permanent or working easements herein described, the CITY OF LUBBOCK will compensate the persons shown entitled thereto at the time such growing crops are injured or destroyed, the reasonable Hash market value of the anticipated matured crops as of the.. date cf such injury or damage; and further, that any top soil water erosion damage which may be sustained as a direct result of water pipe line breaks and/or as a result of surface flood water control dikes being out of service during construction, the CITY OF LUBBOCK will compensate the persons showni entitled thereto at the time such soil erosion occurs, reasonable damages for such soil erosion; and, WHEREAS, it is further understood and agreed that this Proposal is submitted subject 'to the due acceptance by the governing body of the CITY OF LUBBOCK and that if and when such proposal is accepted we will deliver to the CITY OF LUBBOCK, a complete Abstract of Title showing good and valid title in us on all that property included within %he permanent easement As hereinabove described; and further, that such abstract as presented to the CITY OF LUBBOCK, shall be for the purpose of examination only with the right of the CITY OF LUBBOCK to have such abstract supplemented and brought down to date at its own cost and expense, the base abstract being returned to us and the supplement which shall be paid for by the CITY OF LUBBOCK,, to remain the property of the CITY OF LUBBOCK. In the event there -are valid objections to title we shall have a reasonable time in which to cure such defects, and the CITY OF LUBBOCK shall also have a reasonable time in which to cure such defect If we fail br refuse to cure said title defects and the CITY OF LUBBOCK also fails/t$refiF Id title DEFECTS, if any, then upon written notice to us by the CITY OF LUBBOCK of its failure or refusal to cure said title defects, if any, this Proposal may be cancelled by either party hereto and this Proposal shall thereupon became void and not be enforceable or breach of it actionable on either side; and, WHEREAS, it is further understood and agreed that upon acceptance of this Proposal by the CITY OF LUBBOCK 'I we do grant to the CITY OF LUBBOCK, its authorized agents, legal representatives, contractors and assigns, the right to enter upon the permanent and working easements herein described for any and all purposes contemplated by this Proposal, such right of entry to be granted pending final determination of good_ and valid title in us and for correction of any curative matter which may appear in the abstract to be examined, in order to not unduly delay the commencement of construction of such water line; and, WHEREASO it is further understood and agreed that any and all liens against the land lying within the proposed permanent and working easements herein described, must be either released or subordinated to such easements before passage of any consideration, such lien holders, their character of lien, amount of indebtedness, dates and where recorded, are set out as follows: And, all the tenants in possession of the land lying within such permanent and working easements are listed as follows: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That we 'I), on this 29th day of March, 1954, do hereby -propose and offer to convey to the CITY OF LUBBOCK such permanent and wo rking'eisements as herein provided and upon the terms and conditions as herein express- ed for and in consideration of payment to us of the sum of "2.00 Dollars which amount includes any and all damages of every kind and nature except damages to growing crops, and soil erosion as herein provided, however we retain and reserve all our common law rights if any, that would have remained in us after final judgment and payment to me of the full award had this easement and all ruts granted herein been acquired by statubory condemnation proceedings rather than by peaceable negotiation and purchase. Yours truly, t'# - , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the foregoing proposal BE, and the same is hereby accepted this, the 31st day of March, 1954. /sZ Murrel] R MAYOR ATTEST: Is/ La enia Lowe LaveniA Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME., the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared Clyde Whitaker and 011ie Mae Whitaker, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument,,and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said 011ie Mae Whitaker, wife of the said Clyde Whitaker, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said 011ie Mae Whitaker, acknowledged such instrument to be her, act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 29th day of March, 1.D., 1954. Isl Albert L. Fise�d _ Notary Public, Lubbock County, Texas. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE MEN the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Murrell R. Tripp, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and thecapacit y therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 31st day of March, A. D., 1954. L3f Mine McCandless Notary Public, Lubbock County, Texas 4 2- 0*8-41, Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the following proposal of J. A. Hodges to grant to the City an easement for construction of a water supply line to West Lubbock County, payment hereby authorized to be made from Water Bond Funds, WEST LUBBOCK COUNTY WATER SUPPLY LINE P R O P O S A L iginal oposal TO: City Commission turned Lubbock, Texas R.O.W. 15-54 WHEREAS, J. A. Hodges and wife Helen Hodges are the soleowners of all that property lying and being situated in Lubbock County, Texas, being further described as follows, to -wit: Section 21, Block JS and; WHEREAS., the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual ease- ment for the purpose of constructing, reconstructing and perpetually maintaining large water lines together with appurtgnances including valves, in, on, under and across a portion of the above described property being further described as follows, to -wit: Beginning at the point of intersection of the north R.O.W. line of Panhandle & Santa Fe Railway Co. (Clovis Branch) with the west line of Section 21, Block JS, Lubbock County, Texas; Thence North along the west line of Section 21, Block JS, a distamce of 33.02 ft. to a point, said point being 25 ft. from and perpendicular to said Railway R.O.W.; Thence in a southeasterly direction, 25 ft. from and parallel to north line of said Railway R.O.W., a distance of 3978 ft., more or less, to a point in the Railway R.O.W. where said Railway R.O.W. widens from 50 ft. to 75 ft. onCthe north side of railroad tracks; Thence along the said Panhandle & Santa Fe Railway/R. .W. in a southwesterly direction a distance of 25 ft. to a point; Thence in a northwesterly direction and along the north R.O.W. line of said Railway Co., a distance of 3956 ft., more or less, to the point of beginning. Containing 2.2 acres, more or less. and; WHEREAS, the CITY OF LUBBOCK is further desirous of obtaining a temporary working ease. ment for use during construction of water lines in the permanent and perpetual easement which will require an additional twenty-five (251) feet on the north side of the perpetual easement s hereinabove described, it being fully understood and agreed that such temporary working easement shall automatically in all things expire on January 31, 1955, and all rights hereby proposed to be conveyed under such temporary working easement shall ipso facto to us, our heirs and assigns, without further writing on January 31, 1955; and, WHEREAS, it is understood and agreed that the CITY OF LUBBOCK, its successors, assigns, agents, workmen and legal representatives, shall place such water lines and all appurtenances including valves at 12ast eighteen (1811) inches below the surface; and further , that our heirs and assigns shall have and maintain the light to cross both the proposed permanent and working easements herein described with all types of utility lines; roads, and paving and railroad trackage, at no cost to us; and further, th&t all reasonable means will be used to protect all existing irrigation lines and ditches and repair the same immediately; and further a City representative will be present at all times with the Contractor in construction of such water lines; and further, after construction, reconstruction, maintenance or repair of such water lines, such premises will be restored to substantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair and all c&iche will be buried to a depth of not less than eighteen (1811) inches below the surface of the soil in all cases except where caliche presently exl stil less than eighteen (1811) below the surface of the soil; and further, any and all structures or facilities presently existing as of the execution of this Proposal in the permanent easement herein proposed to be conveyed, will be permitted to remain substantially as the same now exists, but that no new structures or facilities which are not now, presently existing shall be constructed upon the permanent easement herein proposed to be conveyed to the CITY OF LUBBOCK except as herein otherwise provided; and, WHEREAS, it is understood and agreed that the CITY OF LUBBOM , its successors, assigns, agents, workmen and legal representatives, shall have full use and enjoyment of the perpetual easement herein proposed to be conveyed, and shall have the right to enter upon the same at any and all times and seasons for any purposes whatsoever, provided, however, that any damages which may be sustained to growing crops at the time of entry on either the permanent or working easements herein described,'the CITY OF LUBBOCK will compensate the persons shown entitled thereto at the time such growing crops are injured or destroyed, the reasonable cash market value of the anticipated matured crops as of the date of such injury or damage; and further, that any top soil water erosion damage which may be sustained as a direct result of water pipe line breaks and/or as a result of surface` flood water control dikes being out of service during construction, the CITY OF LUBBOCK will compensate the persons shown entitled thereto at the time such soil erosion occurs, reasonable damages for such soil erosion; and, WHERE, it is further understood and agreed that this Proposal is submitted subject to the due acceptance by the governing body of the CITY OF LUBBOCK and that if and when such proposal is accepted we will deliver to the CITY OF LUBBOCK., a complete Abstract of Title showing good and valid title in us on all that property included within the permanent ease- ment as hereinabove described; and further, that such abstract as presented to the CITY OF LUBBOCK, shall be for the purpose of examination only with the right of the CITY OF LUBBOCK to have such abstract supplemented and brought down to date at its own cost and expense, the base abstract being returned to us and the supplement which shall be paid for by the CITY OF LUBBOCK, to remain the property of the CITY OF LUBBOCK9 In the event there are valid objections to title we shall have a reasonable time in which to cure such defects, and the CITY OF LUBBOCK shall also have a reasonable time in which to cure such defects. If we fail or refuse to cure said title defects and the CITY OF LUBBOCK also fails or refuses to cure said title defects, if any, then upon written notice to us by the CITY OF LUBBOCK of its failure or refusal to cure said title defects, if any, this Proposal may be cancelled by either party hereto and this Proposal shall thereupon become void and not be enforceable or breach of its actionable on either side; and, WHEREAS, it is further understood and agreed that upon acceptance of this Proposal by the CITY OF LUBBOCK, we do grant to the CITY OF LUBBOCK, its authorized agents, legal representatives, contractors and assigns, the right to enter upon the permanent and working easements, herein described for any and all purposes contemplated by this Proposal, such right bf entry to be granted pending final determination of good and valid title in us and for correction of any curative matter which may appear in the abstract to be examined, in order tie not unduly delay the commencement of construction of such water line; and, WHEREAS, it is further understood and agreed that any and all liens against the land lying within the proposed permanent and working easements herein described, must be hither released or subordinated to such easements before passage of any consideration, such lien holders, their character of lien, amount of indebtedness, dates and where recorded are set out as follows: And, all of the tenants in possession of the land lying within such permanent and work- ing easements as listed as follows: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That we, on this 31st day of March, 1954, do hereby propose and offer to convey to the CITY OF LUBBOCK such permanent and working easements as herein provided and upon the terms and conditions as therein expressed 1br and in consideration of payment to us of the sum of $880.00 Dollars which amount includes any and all damages to every kind and nature except damages to growing crops, and soil erosion as herein provided, however we retain and reserve all our common law rights, if any, that would have remained in us after final judgment and payment to me of the full award had this easement and all rights granted herein been acquired by statutory condemnation proceedings rather than by peaceable negotiation and purchase. Yours truly, Isl J. STATE OF TEXAS KNOW ALL MM BY THESE PRESENTS: COUNTY OF LUBBOCK THAT WE L. E. Lincoln and wife Edna Lincoln, being the tenants in possession of the premises described in the above and foregoing instrument, for and in consideration of the sum of One Dollar cash in hand paid by the owners of such property, and the CITY OF LUBBOCK,, and other valuable consideration the receipt of which is hereby acknowledged and confessed, after having read the above and foregoing proposal and each and every condition and covenant and offertherein contained do hereby BY THESE PRESENTS, for the purpose of obtaining the approval by the CITY OF LUBBOCK of such proposal, release the CITY OF LUBBOCK and its assigns from any and all damages accruing or resulting from any and all operations contemplated by the above and foregoing proposal if the same should be accepted by the CITY OF LUBBOCK. WITNESS our hands this 31st day of March, 1954. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK'. That the foregoing proposal BE, and the same is hereby accepted this, the 31st day of March, 1954. MAYOR ATTEST: fsf Tay is Lawe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK Q BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared J. A. Hodges and Helen Hodges, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Helen Hodges, wife of the said J. A. Hodges, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Helen Hodges, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed and that she did not i,d sh to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 31st day of March.. A.D., 1954. /s/ Albert L. F Jd-- Notary Public, Lubbock County, Texas, THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Murrell R. Tripp, known to me to be the person whose name is subscribed to'the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration thereip expressed, and the capacity therein stated. GIVEN UNDER MY HAND AND SEAL/OFFICE, this 31st day of March, A. D., 1954. is / Maxine Mc 37$Vd� Notary Public, Lubbock County, Texas., THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE MEP the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared L. E. Lincoln and Edna Lincoln, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Edna Lincoln, wife of the said L. E. Lincoln, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Edna Lincoln, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL. OF OFFICE, This 31st day of March, A. D., 1954. lsl Albert L _Eic Notary Public., Lubbock County, Texas. 54-12-463-81j2 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Ylorris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the following counter proposal of J. L. Hooper to convey to the City 7523.11 sq. ft. of land for right-of-way for Avenue Q Northeast, for a consideration Of $8,958.02. Payment hereby authorized to be made from Right -of -Way Bond Funds. March 30, 1954 Original To the City Commission letter Lubbock, Texas returned to R.O.W. Gentlemen: b-13-54 I received a formal offer dated March 30, 1954, of $7523.11 for portions of Lots 22, 24, 2.5, 26 and 27 of the Easley Subdivision of Block 31, Roberts & McWhorter Addition. I do not wish to reject or accept this offer but wish to make a counter proposal as follows: Convey Lot 22 to the City of Lubbock for the amount I paid for the property - $1500.00, cancelled check is attached. Convey the remainder of the property - Lot s 24, 25, 26 and 27 at the appraised value of $1.00 per sq. ft. or $6896.91. The City of Lubbock to reimburse me for the paving cost of $561*11 or a total cash consideration of $8958.02. Will appreciate your consideration on the above as I don't wish to stand in the way of the new highway nor do I wish to get hurt too much. I traded for Lots 24, 25, 26 and 27 and if I can get $6896.91 for them, I consider I am only dut about $4000.00. As you know, I plann- ed to place my tire business at this location but was reluctant to do so because I was not quite satisfied what would happen to the property on account of the new highway yet to be considered. I finally built out on East 19th Street where the right -of -wane were settled. Very truly yours, 6Z J. L. Hooper J. L. Hooper 54-12-463-g43 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N A RESOLUTION AUTHORIZING OFFER OF VARIOUS SUMS OF MONEY TO BE MADE TO THE TRUE 0MERS OF PROPERTY NEEDED FOR RIGHT-OF-WAY AND PUMP STATION PURPOSES IN COi4STRUCTION OF THE WEST LUBBOCK COUNTY WATER SUPPLY LINE WHICH SUMS OF MONEY AND STRIPS OF LAND ARE DESCRIBED BY METES AiiD BOUNDS IN THE BODY OF THIS RESOLUTION AS A FINAL OFFER FOR EASELENTS AND BOOSTER STATION SITE FOR PUBLIC PURPOSES OVER SAID STRIPS AND PARCELS OF LAND; AND AUTHORIZING Lee CITY ATTORNEY TO ESTABLISH CONDEMNATION PROCEEDINGS TO ACQUIRE SUCH EtiSEI�ENTS IN THE EVENT Quillin, SUCH OFFER IS REJECTED. Owner WHEh,EAS, the City of Lubbock, through its agents and representatives has been negotiat- ing with tbe.obners of the property described in the body of this Resolution for easements and pump station site and has been unable to conclude with said owners on the price to be paid for such easement; and, WHEREAS, the City Commission finds it necessary to make a final offer and if same should be rejected, to authorize the condemnation of such pump station site and easements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY C014a SSION OF THE CITY OF LUBBOCK: SECTiUN 1. That the following described property being needed for a pump station or booster station site in conjunction with the West Lubbock County Water Supply Line, the Right-of-14'ay Agent be, and he is hereby, authorized and directed to make an offer to the true owners of the hereinafter described tract of land of $544.50 for the fee simple title to such property being described as follows, to -wit: Booster Station Site Beginning at the point of intersection of the north R.O.W. line of Panhandle & Santa Fe Railway Co. (Clovis Branch) with the west line of Section 13, Block A. Lubbock County, Texas; Thence north along the west line of Section 13, Block A, a distance of 29.81 ft. to a point; Thence -east, a distance of 217 ft. to a point, said point being the northeast corner of this tract; Thence south, a distance of 170.8 ft. to a point in the north R.O.W. line of said Railway Co.; Thence in a northwesterly direction along the north R.Q.W. line of said Rail- way Co., a distance of 258.771 to the point of beginning. Containing 21767 sq. ft. or 0.5 acres for Booster Station Site. SECTION 2. That the following described property being needed for a permanent easement for the purpose of constructing, reconstructing and perpetually maintaining water lines together with appurtenances including valves, all of which such water lines and appurtenances including valves shall be placed at least eighteen (18) inches beneath the Mace, and upon completion of the work of construction of such water lines the excavation therefor shall be filled in, and such premises will be restored to -substantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair, and all structures or facilities presently existing as of this date will be permitted to remain substantially as the same now exists, but that no new structures or facilities shall be constructed upon such premises, and the said easement shall be for t-ho�turther purpose of permit of ingress and egress thereupon by the employees, agents and contractors of the City of Lubbock to maintain such water lines and keep same in working condition, the Right -of - Way Agent for the City of Lubbock be, and he is hereby authorized and directed totnake an offer to the true owners of the hereinafter described tract of land of $184.00 for such easement for right-of-way purposes for the West Lubbock County Water Supply Line through, over, under and across the following described tract of land, to -wit: Permanent Easement .(acro astute) Starting at the southeast corner of Section 13, Block A$ Lubbock County, Texas; Thence west along the south line of Section 13, Block A, a distance of 1394.49 ft. to a point , said point being -the point of beginning. Thence N. 71015' E., a distance of 970.55 feet to a point; Thence N. 18045t W., a distance of 20 feet to a point; Thence S. 71015' W. , a distance of 1031.11 feet to a point, said point being in the south line of Section 13, Block A; Thence east along the south line of Section 13, Block A. a distance of 62.22 feet to the point of beginning. Containing 0.46 acres. SECTION 3. That the following described property, being needed for a permanent ease- rrn-nt for the purpose of constructing, reconstructing and perpetually maintaining water lines together with appurtenances including valves, all of which such water lines and appurtenances including valves shall be placed at least eighteen (1811) inches beneath the surface, and up- on completion of the work of construction of such water lines the excavation therefor shall be filled in, and such premises will be restored to substantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair, and all structures or facilities presently existing as of this date will be permitted to remain sub- stantially as the same now exists, but that no new structures or facilities shall be con- structed upon such premises, and the said easement shall be for the further purpose of permit of ingress and egress thereupon by the employees, agents and contractors of the City of Lubbock to maintain such water lines and keep same in working condition, the Right -of -Way Agent for the City of Lubbock be, and he is hereby, authorized and directed to make an offer to the true owners of the hereinafter described tract of land of $440.00 for such easement for right-of-way purposes for the West Lubbock County Water Supply Line, through, over, under and across the following described tract of land, to -wit: Permanent Easement along Railroad) Starting at the point of intersection of the north R.O.W. line of Panhandle & Santa Fe Railway Co. (Clovis Branch) with the west line of Section 13, Block A, Lubbock County, Texas; Thence in a southeasterly direction along the north R.O.W. line of said Rail- way Co., a distance of 258.77' to the point of beginning; Thence north, a distance of 29.81 ft. to a point, said point being 25 ft. from and perpendicular to the north R.O.W. line of said Railway Co.; Thence in a southeasterly direction, 25 ft. from and parallel to said north R.Q.W. line, a distance of 1953.ft., more or less, to a point in the south line of Section 13, Block A; Thence west along the south line of Section 13, Block A, a distance of 45.88 ft. to a point in the north R.O.W. line of said Railway R.O.W.; Thence in a northwesterly direction along the north R.O.W. line of said Rail- way R.Q.W., a distance of 1898 ft., more or less, to the point of beginning. Containing 1.10 acres, more or less, for permanent utility easement. SECTION 4. That the following described property being needed for a temporary working easement for use during construction of water lines in the permanent easement in which no utility lines of any kind or nature will be placed but merely used as an area in which the City of Lubbock, its employees, agents and contractors may enter and use the same in con- junction with construction of water lines in the permanent easement and which such temporary working easement shall automatically in all things expire on January 31, 1955, and ipso facto revert to the owners thereof on such date, and all such premises will be restored to substantially the same condition as the same were in prior to construction, reconstruction, maintenance or repair of lines in the adjoining permanent easement, the Right -of -Way Agent for the City of Lubbock, be, and he is hereby authorized and directed to make an offer to the true owners of the hereinafter described tract of land of $27.54 for such temporary working easement through, over, under and across the following ddscribed tract of land, t o-wit : �EagemerLt, _(alon-_ R-ai 25 ft. working easement on north side of and parallel aryl adjacent to permanent easement (along railroad), containing 1.13 acres, more or less. - SECTION 5. That the following described property being/heeded for a temporary working easement for use during construction of water lines in the permanent easement in which no utility lines of any kind or nature will be placed but merely used as an area, in which the City of Lubbock, its employees, agents and contractors may enter and use the same in con- junction with construction of water lines in the permanent easement and which such temporary working easement shall automatically in all things expire on January 31, 1955, and ipso facto revert to the owners thereof on such date, and all such premises will be restored to substantially the same condition as the same were in prior to construction, reconstruction, maintenance or repair of lines in the adjoining permanent easement, the Right -of -Way Agent for the City of Lubbock be, and he is hereby, authorized and directed to make an offer to the true owners of the hereinafter described tract of land of $22.75 for such temporary working easement through, over, under and across the following described tract of land, to -wit: Working Easement across Pastures Starting at the southeast corner of Section 13, Block A, Lubbock County, Texas, thence west along the south line of Section 13, Block A, a distance of 1363.38 feet to the point of beginning. Thence N. 710151 E., a distance of 941.09 ft. to a point; Thence N. 18045' W., a distance of 40 ft. to a point; Thence S. 71015' W., a distance of 1058/fg. to a point, said point being in the souttr line of Section 13, Block A. Thence east along the south line of Section 13, Block A, a distance of 124.44 ft. to the point of beginning. Containing 0.91 acres. SECTION 6. That in the permanent easement described in Section 3 hereof and in the temporary working easement described in Section 4 hereof, it is anticipated that the owners of such property may suffer crops damages, therefore, the sum of $189.55 is authorized and offered to be made in addition to'the stuns of money hereinbefore offered. SECTION 7. In the event the offers authorized in Sections 1, 2, 3, 4, and 5 of this resolution are rejected by the owners of said tracts of land for said pump station site and easements, the City Attorney is hereby authorized and directed to institute proceedings in condemnation to secure the interests of the owners and effect the acquisition of such pump station site and easements for public purposes through, under, over and across such describ- ed tracts of land. On motion of Commissioner Morris, seconded by Commissioner Thomas, this resolution was passod on this the 31st day of March, 1954, by the following vote of the City Commission. Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None /s/ KurMe_a H. Trirg .: MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia L&we _ ___ .. _...-.__ Lavenia Lowe, City Secretary -Treasurer CAM:gf 4-2-94 5-12-465-8.l.W. Motion by Commissioner Carpenter, seconded by Commissioner"Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay,, the following Resolution waa passed. R E S O L U T I O N vy� �: CG / I U !!! G`-�'" _e t 'k— A RESOLUTION AUTHORIZING OFFER OF $585.66 TO BE hADE TO THE TRUE OWNERS OF it PERMANENT AND A WORKING EAS111ENT BEING DESCRIBED BY METES AND BOUNDS IN THE BODY CF THIS RESOLUTION AS A FINAL OFFER FOR EASEMENTS FOR THE WEST LUBBOCK COUNTY WATER SUPPLY LINE OVER THE PER- PIANENT EASEi�ENT HEREIN DESCRIBED; AND AUTHORIZING CITY ATTORNEY TO INSTITUTE CONDEMNATION PRO- CEEDINGS TO ACQUIRE SUCH EASEMENTS IN THE EVENT SUCH OFFER IS REJECTED. WHEREAS,, the City of Lubbock, through its agents and representatives has been negotiat- ing with the owners of the tracts of land described in the body of this resolution for an easement for the West Lubbock County Water Supply Lime and has been unable to conclude with said owners on a price to be paid for such easements; and, WHEREAS, the City Commission finds it necessary to make a final offer and if same should be rejected, to authorize the condemnation of such easements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CChKMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the following described property being needed for a permanent ease - Tent for the purpose of constructing, reconstructing and perpetually maintaining water lines together with appurtbnances including valves all of which such water lines and appurtenances including valves shall be placed at least eighteen (18") inches beneath the surface, and upon completion of the work of construction of such water lines the excavation therefor shall be filled in, and such premises will be restored to substantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair, and all structures or facilities presently existing as of this date will be per- mitted to remain substantially as the same now exists, but that no new structures or facilities shall be constructed upon such premises, and the said easement shall be for the further purpose of permit of ingress and egress thereupon by the employees, agents and contractors of the City of Lubbock to maintain such water lines and keep same in working condition, the Right -of -Way Agent for the City of Lubbock be, and he is hereby authorized and directed to make an offer to the true owners of the hereinafter described tract of land of $388.00 for such easement for right-of-way purposes for the West Lubbock County Water Supply Line through, over, under and across the following described tract of land, to -wit Starting at the intersection of the north R.O.W. line of Panhandle and Santa Fe Railway Co. ('Clovis Branch) with the east line of Section 14, Block A, Lubbock County, Texas; Thence in a northwesterly direction along the north R.O.W. line of said Rail- way Co., a distance of 976 ft. to a point, said point being the point of beginning of this tract; Thence in a northwesterly direction along the north R.O.W. line of said Rail- way Co. , a distance of 1711 h., more or less, to a point, said point being in the east -west 1/2 section line of Section 14, Block A; Thence east, a distance of 45.88 it. to a point; Thence in a southeasterly direction, 25 ft. from and parallel to the north R.O.W. line of said Railway Co., a distance of 1711 ft., more or less to a point ; Thence west a distance of 45.88 ft. to the point of beginning. Containing 0.97 acres, more or less, for 25 ft. utility easement. SECTION 2. That the follo-twing described property being needed for a temporary working easement for use during construction of water lines in the permanent easement in which no utility lines of any kind or nature will be placed butmerely used as an area in which the City of Lubbock, its employees, agents and contractors may eater and use the same in con- junction with construction of water lines in the permanent easement and which such temporary working easement shall automatically in al�things expire January 312 1955, and ipso facto revert to the owners thereon on such date, and all such premises will be restored to bub- stantially the same condition as the same were in prior to construction, reconstruction, maintenance or repair of lines in the adjoining permanent easement, the Right -of -Way Agent for the City of Lubbock be, and he is hereby authorized and directed to make an offer to the true owners of the hereinafter described tract of land of $23.06 for such temporary working easement through, over, under and across the following described tract of land, to -wit: All that property lying North of the permanent easement hereinbefore described, a width of twenty-five (25') feet adjacent, adjoining, abutting and parallel to such permanent easement. SECTION 3. That in the permanent easement described in Section 1 hereof and in the temporary working easement described in Section 2 hereof, it is anticipated that the owners of such property may suffer crop damages, therefore, the sum of $174.60 is authorized and offered to be made in addition to the sums of money hereinbefore offered making a total consideration tD be offered of the sum of $585.66. SECTION 4. In the event the offer authorized herein is rejected by the owners of said tracts of land for said easements, the City Attorney is hereby authorized and directed to institute proceedings in condemnation to secure the interest of the owners and effect the acquisition of an easement for public purposes through, under, over and across the tracts of land herein described, On motion of Commissioner Carpenter, seconded by Commissioner Davis, this Resolution was passed on this, the 31st day of March, 1954, by the following vote of the City Commission: Commissioners voting."YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None /sl Murrell R. Trj= MURRELL R. TRIPP, Mayor ATTEST: �i /sl Lavenia Lowe _ y Lavenia Lowe, City Secretary -Treasurer CAM:gf 4-2-54 54-12-L.67-845 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS.. heretofore the members constituting the SOUTHEAST LUBBOCK DEVELOPMENT BOARD have formed a corporation in compliance with Ordinance 1273 and such Corporation has adopt- ed a set of by-laws and including within the by-laws as adopted by such Corporation, a procedure to be followed in the amendment of its by-laws which requires written approval by a written resolution passed by the City Commission of the City of Lubbock, texas, and such Corporation has passed a resolution amending Article VIII of its by-laws to clarify that the members of the SOUTHEAST LUBBOCK DEVELOPMENT BOARD shall constitute the Board of Directors of the SOUTHEAST LUBBOCK DEVELOPMENT CORPORhTION., and such amendment to the Corporation's by-laws has been found favorable by the City Commission of the City of Lubbock, Texas; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. That the written resolution of the SOUTHEAST LUBBOCK DEVELOPMENT CORPORA- TION passed on the 26th day of March, 1954, amending Article VIII of the Corporation's By -Laws is hereby in all things approved, such resolution as passed being herein set out in full: SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION R E S O L U T I O N "WHEREAS., the Corporation has heretofore adopted a set of by-laws and the question has arisen as whether or not the Board of Directors of the SOUTHEAST LUBBOCK DEVELOPMENT CORPORAT10N wi.l1 constitute and be the same as the members of the SOUTHEAST LUBBOCK DEVELOP - MINT BOARD established by Ordinance 1273 of the City Commission of the City of Lubbock, Texas, passed on the llth day of September, 1952, and it is felt desirable to resolve such conflict by the amendment of Article VIII of the Corporation's by-laws under and by the procedure set out in Article XVI of such by-laws; and, "SAS, at least seven (7) members of the Board of Directors of the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION have this day met in a special meeting for the purpose of amending such by-laws and at least seven (7) members of the Board of Directors have voted in favor of such amendment which such amendment will be subject to approval by written resolution passed by the City Commission of the City of Lubbock, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION: "SECTION 1. That Article VIII of the by-laws of the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION shall be, and the same is hereby, amended to read as follows: ARTICLE VIII. The members constituting the SOUTHEAST LUBBOCK DEVELOPIviENT BOARD as established by Ordinance 1273 passed by the City Commission of the City of Lubbock, Texas, shall also constitute the Directors of the SOUTHEAST LUBBOCK DEVELOPMENT CORPORA- TION and such Board of Directors shall be composed of twelve (12) members, each of whom shall be resident citizens of the City of Lubbock. The directors of said Board shall be appointed by the City Commission of the City of Lubbock and shall hold their office for a term of three (3) years except that four (4) of the members first selected shall hold office for terms of one (1) year, four (4) members shall hold office of the terms of two (2) years, and four (4) members shall hold office for the terms of three (3) years, the term of each to be dctermined by lot; and thereafter their successors shall hold office for three (3) years and until their successors are appointed. "SECTION 2. This amendment shall not become effective nor of full force or effect whatsoever unless and until the same has been approved by a written resolution passed by the City Commission of the City of Lubbock, Texas, and the Secretary -Treasurer of the Corporation be, and he is hereby, authorized and directed to apply to the City Commission of the City of Lubbock for passage of a written resolution by such Commission approving such amendment as herein stated. "On motior. -)f Director Tom Sawyer, seconded by Director Albert Fortenberry, this resolution was passed by the Board of Directors of the Southeast Lubbock Development Corporation on this, the 26th day of March, 1954, at a special meeting called for the purpose of amending the by-laws of the Southeast Lubbock Development Corporation, by the following vote: Directors voting "YEA": Tom Sawyer, Albert Fortenberry, Robert Bean, George Woods, Dr. S. L. Lovings, Carlton Priestly, Rolan Simpson and George Green Directors voting "NAY": /sl Rober H Egan PRESIDENT ATTEST: Isl A. P. Couch SECRETARY -TREASURER CAM.gf 3-26-54 SECTION 2. That the Secretary -Treasurer of the City of Lubbock be, and she is hereby, authorized and directed to forward an executed copy of this resolution to the Secretary - Treasurer of the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION. On motion of Commissioner Davis, seconded by Commissioner Thomas, this Resolution was passed by the City Commission on this the 31st day of March, 1954, by the following vote: Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None /s / Murre 1 R Tr].pp MURRELL R. TRIPP, Mayor ATTEST: %s% Laveniaa, Lowe Lavenia Lowe, City Secretary -Treasurer CAM:gf 3-29-54 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N BE IT RESOLVED BY THE CITY CONMSSION CF THE CITY OF LUBBOCK: THAT the Mayor BE and he is hereby authorized and directed to execute on behalf of the City of Lubbock, a warranty deed for One and no/100 ($1.00) Dollars and other valuable con- sideration to the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION, all of Lots 12 through 19 of the Manhattan Heights Addition, an Addition to the City of Lubbock, Lubbock County, Texas, subject tc all the covenants and conditions contained in the plat and dedication of the Manhattan Heights Addition as filed in the Deed Records of Lubbock, Lubbock County, Texas, and further save and except any and all oil, gas and other minerals outstanding. On motion of Commissioner Davis, seconded by Commissioner Thomas, this Resolution was passed by the City Commission on this the 31st day of March, 1954, by thqtollowing vote: Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY"., None 1s/ Murrell R. Tripp MURRELL R. TRIPP, Maycr ATTEST: %/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer CANT: g f 3-27-54 W A R R A N T Y-DEED eed given THE STATE OF TEXAS o Mr. COUNTY OF LUBBOCK KNOWALL MEN BY THESE PRESENTS: rrl revs _ re THAT the CITY OF LUBBOCK� a Home Rule Municipal Corporation, acting by and through its officers heretofore duly authorized of the County of Lubbock, State of Texas, for and in consideration of the sun of One and no/100 ($1.00) Dollars and other valuable considera- tion, the receipt of which is hereby acknowledged and confessed, to it in hand paid by the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION of Lubbock County, Texas, has GRANTED, SOLD and CONVEYED and by t hese present s do GRANT, SELL and CONVEY UN TO THE SAID SOUTHEAST LUBBOC K DEVELOPMENT CORPORATION of the County of Lubbock, State of Tex�ugall oc those certain lots, parcels and tract of land lying and being situated in Lubbock/Coup y, Texas, and being further described as follows, to -wit: I Lots 12 through 19 of the Manhattan Heights Addition, an Addition to the City of Lubbock, Lubbock County, Texas, save and except any and all oil, gas and other minerals outstanding. This instrument of conveyance is made subject to all those covenants, restrictions and condit ions contained in the plat and dedication of Manhattan Heights Addition, an Addition to the City of Lubbock, Lubbock County, Texas, as contained in the plat and dedication of such Addition filed in the Deed Records of Lubbock County, Texas, TO HAVE AND TO HOLD the above described premises together with all and singular rights and appurtenances thereto in anywise belonging unto the said SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION, its successors and assigns forever and the CITY OF LUBBOCK does hereby bind it- self, its successors and assigns to warrant and forever defend all and singular the said premises unto the said SOUTHEAST LUBBOCK DEVELOPMENT CORPORaTION, its successors and assigns against every pert;dn whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this 31st day of March,, 1954. V Y' S + MURRELL ATTEST; LL 1 LaYM;La _1&we _ _.._ Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE N1E, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR., for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND A% SEAL OF OFFiCE,`This 31st day of March,-A.D., 1954. Zs/ Maxine McCandl-,sue^ Notary.Public, Lubbock County, (S) Texas. No further business coming up for consideration, the City Commission recessed to meet April 21 1954, at 2:30 P.M. Read and approved, this the 22nd day of ARril , 1954. MU P, N;ayory i� Lav4nia Lowe, Ci y Sec -Treasurer