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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/6/1947RZECIZESSJIr. r,EGUL.,%R 1I1 G. Lubbock, Texas Larch 6, 1947 The City Corir_,issio_n of the City of Lubbock, Texas, net at 2 P.L. in recessed regular session, recessed fro::; regular meeting, of February 27, 1947, at the ragul?r meeting place in the City Fall, the following; members thereof being present, to -wit: Mayor C. -�. Bestwick, Commissioners W. B. Price, F. + Childress, J. Ray ' Dickey, John Spikes, City ttornay v ;ugrn =!il cr , City 11`anat er Hover 4. Hunter, City Secretary Lavenia.'Jilliams. ,kbsent None. I:iotion by Corrrff.issioner Childress, seconded, carried, the follo-Ming bonds were approved and ordered filed: General Contractor's Bond of :toland C. Sirripson " }' It " South Plains Construction Coii.pan;yr I.:otion by Commissioner Dickey, secondea, carried, the following Hesolution was passed. ItESOLI:TION Yji!L ' AS, the City of Lubbock has heretofore resolved and determined to lay out, open, widen, extend alar� improve 19th •,traet in the City of Lubbocl•., Lubbock County, and has resolved and determined that such action is ir.iperaf.Ave for the public welfare, AIJD ".i::�4ZE 11S, in the process bf ac ;uiring the necessary real property for such purposes the s9id City has purchased various and sundry parcels of realty fror. v:-rious F.nd sundry o7r.ners at and for the sur7 of , 5.00. ID "r 3:cE1S, for the ssid -purposes it is necessary for t:ie City to acquire all the right, title and, interest of Ruth Smith Hart, and her husband, Carl R. Fart, in all their property lying within the building lines on said 19th Street as established by Ordinance :vo. 726, of the said Clty, 'VD ':1riC'RE-kS, the said property of said last mentioned persons sought to be acquired for said purposes by said City is of like character and � of like quality and quantity, and similarly situated as that purchased from various and sundry other persons for such purposes, -110.7, T=:EriEFOIZE, BE If" RESOLVED P" TI CI-'Y C01 ISSION OF -HE CITE_'' OF LUBrOCIi: ThkT, the sum of 5.00 out of available funus of the City, be, and the said suer is hereby ap,,ropriated for the payment of the purchase price of the right, title and interest of Ruth :Smith Hart, and her husband, Carl R. d art, in and to the above described property, and ,7. 1.:. Plemons be, i and he is hereby constituted and appointed the lawful agent of the City of Lubbock for the purpose of offering saia sum of money to said parties for such property, arld that he be, and he is hereby fully authorized to obligate and bind the City of Lubbock to pay said sure of money to said parties and persons for said property upon tender of a proper conveyance I to the City of said property. Passed by unanimous vote of the City Commission this 6 day of Barth, 1947. (:signed) C. A. Best-vick ----------------------------- Mayor ATT-�1' : Lavenia ,il-Liams __(Signed) City Secretary :notion by Commissioner Price, seconded by Commissioner Childress, carried unanimously, the followin,- resolution was passea: i't SOLUTION dtlJi'RDAS, the City Commission in meeting of October 1, 1946 passed a resolution that: "due to the shortage of grade milk, the sale of bottled, ungraded milk ,r-;ithin the City of Lubbock be allowed", kND ','dHEREAS, with the approach of the warmer weather, and the fact that the milk supply from Grade "4" dairies has greatly improved, NO'4 THEREFOEE, BE IT RESOLVED B`T TEE CITY COTI.ISSION OF TIE CITY OF LUBBOCK, T EMS : That ungraded bottled milk may not be sold within the City of Lubbock, after 'Taro 31, 1947. Passed and approved this the 6th day of 1--arch, 1947. (SiE.ned) C. A. Bestwick __—______ --N I.ay o r ATTEST: Lavenia ',.villiams______(Signed) City Secretary Motion by Commissioner Price, seconded, carried, to accept the follow- ing Dedication Deed for the ��;idening of 19th Street and authorize that it be filed for record at the County Court House, Lubbock, Texas. Bob Eerrell anti Surviller Yer.rell., Lot 18, Block 1, Hankins Audition to the City of Lubbock, Texas. Y,otion by Commissioner Childress, seconded, ca7-ri-,d, the following Resolution was passed. RESOLUTION '�drIERJ�.i, it is the understanding of the City Commission of the City of Lubbock, Texas, that plans and specifications for the grade separation project on Avenue '^-_", between 4th Street and 19th Street have not been started, and '"driEI�EAS, there is an ur��ent need for the construction of this section of Avenue "A" in order to complete the highway traffic dis- persal syster: in an orderly fashion; No'do Tn-ItEFORE, BE IT RESOLV`ID THY TH:, CITY OF ^iIE CI''_TY OF LUBBOCK, That the Panhandle and Santa Fe Railway Company officials be requested and urged to complete plans for the grade separation pro- ject on avenue ll^,'t, bet-ween 4th Street and 19th Street at the earliest possible time in order that construction on this project may be started riot later than the latter part of 1947. PASSED A:rP�tiOVE'D BY UiIANIKOUS VOTE OF THE CITY OOTrd'..IbSION THIS 6th day of March, 1947. 1TTES^: (Signed) C_ A• -Be stwick-------------- Lavenia ',,-illiams (Signed) rR:ayor Iliotion by Comrr,issioner Dickey, seconded,' carried, the follo,°ai r=_- Resolution was passed. -L�ES0LUTI0N .., RE'S, the City Commission of the City of Lubbock, Texas, has been inforned that the Highway Department plans to construct the section of ?venue Ilk" between 4th Street and 19th Street in the 1949 fiscPl year, and 'EIE'REAS, this section of the highway traffic dispersal systen is exceedingly important as a unit in the over-all plan and should be constructer: as soon as possible; NOW, THEREFORE, BE IT RESOLVED BY I'IIE CITY CG..1.,I: SION OF TIIL CITY OF LUrBOCIi, TE_M: That the Highway Department be requested and urged to coriplete the plans, allocate funds and award a contract for the construction of 4venue "- "from 4th Street to 19th Street at the earliest possible time and that t)iis TA1ork be scheduled not later than the la meter part of 1947 . PASS:M 1ND PPROTT E D M" I`I�; kNII :Oti `� ?TO`1� 0 F `=E C I'— COI ^ :I:C:3IGI� THIS THE. 6th day of I:arch, 1947. (Signed)___C__A_ Bestwick ------------------ Layor ATT &ST : Lavenia Iilliams__ (Signed) City Secretary Motion by Con.n,ission,_r Chil(.ress, seconded, carried, th-at the follo,Ning proposal be accepted for purchase of Lots 17 and ib, Elock 1, Parkview addition, and the '.lest 2 of Lot 2, Block 2, ParkviewA) Audition, Lubbock, Texas, Clarence I:.. Bro•vn own:rr. This land purchaseu for the opening of Avenue A, 6th Street i;orth. I P,Iarch 5, 1947 To the City Commission Lubbock, Texas The undersigned, being the owners of the property herein described hereby make the follohing proposal and offer to the City of Lubbock with respect to '•_venue L -Right-of-way required for opening of _Avenue A (6th Street -. orth), said property �iaing All of Lots 17 and 18, Dlock 1, Parkview addition M of the '.lest of Lot 2, Block , Parkview ".ddition And that portion required by the City of Lubbock being described as folloTvs : All of above Lots. To duly execute a::a deliver to the City of Lubbock a Right -of -'lay Deed covering that portion of t:.e above described property naeued in consideration of the benefits to my property and the sum of 'W2,400,0G. An additional suria of �5,005.40 to be paid to all iiiterested parties when night -of --,lay is cleared of all buildings, fences and obstruc- tions of any and all nature. Undersigned agrees to furnish abstract of title, City to ;ray all cost of bri iginC, Abstract up to date. This proposal is submitted subject to due acceptance by t__e govern- ing body of the City of Lu` bock. Yours truly, (Signed) Clarence M�. Brown rE IT 12SOLVED Bs- THE CITY C0:1.=IS3IO1% OF TF4_7 CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted I.:arch 6, 1947. (Signed) _C.. k 7estT_Nick_N________ L: ayor 'LTiJl` EST Lavenia "lilliams (Signed) 'amity Secretary---- P._otion by Commissioner Childress, seconded, carried, that the following proposal be accepted for iurchase of Lot 5, Block 1, Parkviev, kddition, '-'l. R. Smith, o,Nner. This lane: purchased for t'ie openin, of -'venue -�, 6th Street north. March 5, 1949 To the City Cor-mission Lubbock, Texas The undersigned, being- the owners of the property herein described hereby slake the follolming proposal and offer to the Owner found an City of Lubbock with respect to Avenue 1 Right -of -play required erroi/in figuring for Opening of 'venue k (6th Street L:orth), said property- being this amount for all of Lot 5, 1910c-". 1, Parkview addition. moving buildings - new proposal And that portion required by the City of Lubbock being accepted - of described as follows: record at Pape 319, this Minute All of above lot. Book. To dul'T execute and deliv..r to the City of Lubbock a Right - of --.lay Deed covering that portion of the above described :property needed in consideration of t:.Le benefits to riy property and the sum Oi .�:8GU. GU. An adaitiona.l su�� of •;;�1,�62.7G to be paid to all interested parties for all damages accruing, to all interested parties when Right -of -'.lay is cleared of all buildings, fences and obstructions of any and all nature. Undersigned agrees to furnish abstract of Title, City to pay all cost of bringing abstract up to date. This proposal is submitted subject to due acceptance by the governing, body of t'.e City of Lubbock. Yours truly, (Signed) __V_ R__Smith__— BE IT RESOLVED B?' Ti_ CITY C0I1:ISSION OF T= CITY OF LUBBOCi_, that the foregoing proposal ��L,, and it is hereby accepted Yarch 6, 1947. (Signed) --C. k. Best�vick - ------------------------- I..ay or 4TTEST: -yavenia-------'7illiams (Si;"T12Ci) ------------- - City Secretary The following, bids were receivea for drillin€, two wells on new power plant �,roperty Northeast of the City. D. iJordyke - - Total bid for drillin the t�)o wells ,�i,510.GU lvey Oliver — rt " r •e r " , 580. UG L-k. Peoples - " Al,:otion b_,T Commissioner Price, seconded, carried, that the low bid of Z. Nordyke be accepter for drillings these t-.a,o t.;ells. These bids being on basis of 140 Foot wells, and authorization is hereby given to drill deer_er, if necessary to secure good smell, and payment of this additi.-nal drilling is hereby authorized. 11otion by Commissioner Childress, seconded, carried, the following Resolution was passed, and authorization is hereby given for payrent of •;rlu.UO license fee as set out in P & S F Hy. Co. Contract. '_RESOLUTION BE IT KNO-11i that on this the 6th day of luareh, 1947, at a re- cessea reFular meeting of the City Commission of the City of Lubbock, Teras, +,hare came on to be considered the matter of the execution of !i a lease het•+peen the said City of Lubbock, Texas, and Panhandle and Santa Fe railway Company relating to seven (7) sites for water wells on zailwayr Cor:i;any's property between Lubbock and Idalou, Texas, whereupon the followirco• proceedings were 1iad: It wqs moved, seconded and unanimously voted that C. k. Eestwick, 1:9yor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such lease, copy of which is hereto a ;tacked, and the same be recorded in the "L.Anutes of the City Commission at the foot of this resolution. This being Lease of Land between Idalou and Lubbock as shown on Santa 7e reap fr D�.'OS-2620, dated January 24, 1947, revised February 13, 1947, for term beginnin,7 on ?ebrua.ry 1, 1947, and being for 7 water well and pump house sites, and more fully stated in Contract. RESOLUTION BE IT RESOLVED BY THE CITY CO1,211I,SSION OF TH CITY OF LUBPOCK: THAT, the proceedings in Condemnation #510, filed with the County Judge of Lubbock County, Texas, wherein the City sought to condemn two well sites situated on land lying two or three miles Northeast of the City of Lubbock, and belonging to the Texas Land and Lortgage Company, Ltd., BE, and the sabre are hereby abandoned in 9.11 things, it appearing that the .Special Coimrissioners apfointed therein have abandoned the making of any finding and report. On .11otion of Commissioner Fred H. Childress, Seconded by Co=.issioner W. B. Price, The foregoing; resolution eras duly passed by unanimous (majority) vote Df the Commission this 6th day of March, 1947. (Signed) C. A. lest-roick ------------------------- .%T 1''EST : Layor Lavenia__'illiams__(Signed) City Secretary No f;zrther business coming up for consideration, the City �, ommission adjourned. Read and arproved this the —_ 13th__ ATT- Z, ' L ity a cretary.Z__�'_ day of March_—, 1947. Estimate from Lowrey Electric Company for moving stock for building to be cut back for clearing of right-of-way for 19th Street widening. Estimate To: City of Lubbock LO,`MEY ELECTRIC COT71'?NY 2235-1 loth Street Dial 8179 Taking down Nb on Sign wiring and reinstalling .............9100.00 Removing Air Conditioner wiring and reinstalling ............. 80.00 Removing and reinstalling 10 Electrical outlets and time clock .......................... 90.00 h[oving all Antiques and kntique Lanps and China and Electrical Equipment and Supplies... 150.00 Estimated damage to business during construction................. 130.00 �550 00 ( n . =. Mr, . ) November 26, 1946 To the City Commission. Lubbock, Texas The undersigned, being the owners of the property herein des- cribed hereby make the following proposal ?nd offer to the City of Lubbock with respect to widening 19th Street said property being Lot: 'rJ 47 1/2 feet of Lot 8, Block 18, Overton Addition and that portion to be used for right-of-way being described as follows; '-he South 14 feet approximately of above described lot. To duly executed and deliver to the City of Lubbock a right- of-way deed covering teat portion of the above described property needed for widening 19th Street, in consideration of the benefits resulting from. widening 19th Street and payment to us by the City of Lubbock the su?- _Y5.00__ We agree to remove all fences, buildings, structures and other obstructions as may be found ur)on said property forthwith, for the consideration to be paid by the City of Lubbock to the persons en- titled thereto, the sun� _GO�,GO__, upon removal of all such obstructions. - aubject to acceptance by City Commission of one of attached estimates for cu-ting back ny building. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, ( S i g ne d) pia n-aUD&I------------------- November 21, 1946 To the City Commission Lubbock, Texas The undersigned, being the owners of the property herein des- cribed hereby make the following proposal and offer to the City of Lubbock with respect to nidening 19th Street, said property being Lot 23, Block 78, Overton 4ddition and that portion to be used for right-of-way being described as follows; The South 21 Feet api;roximately of the above Lot. To duly execute and deliver to the City of Lubbock a right-of- way deed covering that portion of the above described property need- ed for widening 19th Street, in consideration of the benefits re- sulting from widening 19th Street and payment to us by the City of Lubbock the sum ;�5.00__. :7e agree to remove all fences, buildings, structures and other obstructions as may be found upon said property forthwith, for the consideration to be paid by the City of Lubbock to the persons en- titled thereto, the sum _�'1250_00_, upon removal of all such obstructions. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, (Signed) Z_ ',U Knlh__ _—__ For compromize only December 10, 1946 Lubbock, Texas The City Commission of the City of Lubbock, Texas Gentlemen: I hand you herewith certain deeds covering 11.34 feet off the south of Lot 19 in Block 79 of the Overton Addition to the City of Lubbock, Lubbock County, Texas, such deeds covering the interest df minors and all other heirs and parties interested in said property. For my services, under authority and instructions of 1r. Detering, formerly with the City of Lubbock Engineering Department, of securing these various deeds from parties in Lockney and Lubbock, and for guardianship proceedings as required, I herewith submit as fees and costs the sum of _135.00w___ Such fees and costs are true, reasonable and correct. I respectfully submit same for payment. (Signed) Graff?lest _N_ Attorney for Pars. Cypert. iTiE STATE OF TEKAS 0 COUNTY OF LUDBOCK 0 Know all men by these presents, that I, Goldie Cypert, a widow, individually, of the County of _Lubbock , State of Texas, for and in consideration of Ten and No-100 T�10.00T Dollars, to me in hand paid by the City of Lubbock, Lubbock County, Texas, have this day granted sold and conveyed, and by these presents do grant, sell and convey unto the said City of Lubbock, Lubbock County, Texas, all that certain lot, parcel or tract of land described as follows: The South 11.34 feet of Lot 19 of Block 79 of the Overton Addition to the City of Lubbock, Lubbock County, Texas, to have and to hold the above -described premises, together with all singular the rights and appurtenances thereto in any wise belong- ing, into the said City of Lubbock, Lubbock County, Texas its assigns, forever; and I do hereby bind myself, my heirs executors and administra- tors, to warrant and forever defend all and singular the said pre- mises unto the said City of Lubbock, Lubbock County, Texas its assigns, against every person whomsoever, lawfully claiming or to claim the same or any part thereof. Witness my hand this the 29 duy of November, 1946. (Signed) Goldie_Cypert____M__ Individually THE STATE OF `:."Lir:",S G 0 COUNTY OF LUBBOC-i j Before me, Grady (lest, a Notary Public in and for Lubbock, County, Texas, on this day personally appeared Goldie Cypert, a widow, 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 29 day of November, 1946. (Signed) Grady__Jest -------- --__ ;Jotary Public, Lubbock .County, Texas. (SEAL) December 26, 1946 To the City Cor-ffiission Lubbock, Texas The undersigned, being the owners of the property herein described hereby make the following proposal and offer to the City of Lubbock with respect to widen- ing 19th Street, said property being the East one-half of Lot 3 and '.rest 40 feet of Lot 2, Block 1, Ellwood Place Addition to the City of Lubbock and that portion to be used for right-of-way being described as follows; The idorth 21.36' approximately of tue above described Lots. To duly execute and cbliver to the City of Lubbock a right-of-way d;ed covering that portion of the above described property needed for widening 19th Street, in consideration of the benefits resulting from widening 19th Street and payment to us by the City of Lubbock the sum "W'5.00. We agree to remove that part of my automatic lawn sprinkler system that protudes into the new right-of-way for the consideration to be paid by the City of Lubbock to the persons entitled thereto, the sum of '125.00, upon removal of above stated obstructions. The amount Of 'i?'125.00 represents total amount of damages accruing to all interested persons. It is further agreed that the sum of y'125.00 is an estimate of the cost of cutt- ing back the above stated sprinkler system and if the cost should run more or less the City of Lubbock will adjust same. It is further agreed that the City of Lubbock will have the right to examine cost of this work before paying for same. This proposal is submitted subject to due accep- tance by the governing body of the City of Lubbock. Yours, truly, (Signed) BE IT -RIESOLVED BY THE CITY COI--,:ISSION OF THE CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted _ 9�January, 1947 (Signed) C.--A- Re.stmLc.k._.____._ I:layor .%TTE ST : Lavenia ";illiams(Signed) City Secretary January 22, 1947 To the City Commission Lubbock, Texas The undersigned being the owners of the property herein des- cribed hereby make the following proposal and offer to the City of Lubbock with respect to widening 19th Street, said property being, Lot 19, Ploek 4, Overton Addition. I have duly executed and delivered to the City of Lubbock a right-of-way deed covering that portion of the above described property needed for widening 19th Street, in consideration of the benefits resulting from widening 19th Street and payment to us by the City of Lubbock the sum 45.00, with the understanding that should my house have to be moved that the City would pay cost of same. I, now agree to remove all fences, buildings, structures and other obstructions as may be found upon said property forthwith, for the consideration to be paid by the City of Lubbock to the persons entitled thereto, the sum ;�6,786.45, upon removal of all such obstructions. It is further agreed that the sum of 9'6,786.45 is an estimate of the cost of moving my house to a new location and restoring the house to its present condition; and if the cost of doing this work be more or less than this amount payment due me by the City will be adjusted accordingly. It is also agreed that should the Commission accept this proposal I will waive my right to have my sidewalks and drives re- placed in order to compensate the City for the added cost of approximately p200.00 to cover cost of moving my house to a new location. I agree to replace said walks and driveways at my own expense. I, furthermore agree that the City of Lubbock will have the right to examine the record of the cost of doing this work before paying the same. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, (Signed) ��._P����----------- BE IT RESOLVED B" TIC CITY OF THE CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted Jan.__ 23.L1947 (Signed) L A Ze slaick.�----_-���_ Mayor .ATTEST: 3L.Y.sni 101i a m a----------- (Si€'ne d) City Secretary i January 9, 1947 To the City Con nission Lubbock, Texas The undersigned, being the oi,iners of the property herein des- cribed hereby make the following proposal and offer to the City of Lubbock with respect to widening 19th Street, said property being Lot 18, Block 4, Overton 3,ddition to the City of Lubbock, Texas, and that portion to be used for right-of-way being described as follows: The South 22 feet, approxir_ately of the above Lot. To duly execute and deliver to the City of Lubbock a right-of- way deed covering that portion of the above described property need- ed for widening 19th Street, in consideration of the benefits re- sulting from widening 19th Street and payment to us by the City of Lubbock the sum of _�5.00 Je agree to remove all fences, buildings, structures and other obstructions as may be found upon said property forthwith, for the consideration to be paid by the City of Lubbock to the persons en- titled thereto, the sum 6,,487_25, upon removal of all such obstruc- tions. It is further agreed that a part of the sum of w6,487.25, namely V16,087.25 is based on estimate for moving ray house back to the new property line and the balance of ;P400.00 is to cover the lois of two months rent :- ylOO.00 per month during the moving of ray house and to cover any and all unseen damages resulting from the widening, straighting and improving of 19th Street as it affects the above described property. It is further agreed and understood that I will bear any and all expenses necessary to remove the tenants from the above pro- perty 'without recourse on the City of Lubbock for any additional dar1a ge s . It is further agreed and understood that should I decide to remove the present improvements from the above described lot to another locition, I will do so at no additional expense to the City of Lubbock as it is intended for the sum of 9"6,487.25 to represent a cash settlement due and payable to all interested parties as soon as the required Right -of -'Jay is cleared of all and any improvements. ks an additional inducement to the Commission to accept this proposal I will dedicate the necessary Right -of -'Jay across Lot 18, Block 19, Overton kddition. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, (Signed) JNL�_Peters BE I'J" -=SOLVED BY THE' CITY C0111="SIONT OF TH3 CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted_Jan__23,,,_ 1947 N (Signed) C. A__Das13u1gk_NNw______ 1.'ayor 4TTES-' : Lavenia 'lilliams N,w_____— (Signed) City Secretary January 16, 1947 To the City Commission Lubbock, Texas The undersigned, being the owners of the property herein des- cribed hereby make the following proposal and offer to the City of Lubbock with respect to widening 19th Street, said property being, The North 21 feet approximately of the East 1/2 of Lot 1, Block 1, Southweil Place Addition to the City of Lubbock. To duly execute and deliver to the City of Lubbock a right- of-way deed covering that portion of the above described property needed for widening 19th Street, in consideration of the benefits resulting from widening 19th Street and payment to us by the City of Lubbock the sum of _ M. N. We agree to remove all fences, buildings, structures and other obstructions as may be found upon said property forthwith, for the consideration to be paid by the City of Lubbock to the persons entitled thereto, the sum ?7,600.00, upon removal of all such obstructions. It is further agreed and understood that the sum of '97,600.00 is a cash settlement due and payable to all interested persons as soon as the required Right -of -"lay is cleared of any and all improve- ments of any nature. Subject, however, to the approval by the loan company who holds the lien securing the present indebtedness on said premises, aforesaid. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, (Signed) ------------ BE IT RESOLVED BY TI1' CITY CO11..ISSION OF TILE CITY OF LUEBOCE, that the foregoing proposal BE, a ,d it is hereby accepted _Jan. 23,. �1947 . ( Signed) Ra Stwi ek Mlayor A --'TEST: iTy ecretary January 22, 1947 To the City Commission Lubbock, Texas The undersigned, being the owners of the property herein described hereby make the following proposal and offer to the eity of Lubbock with respect to widening 19th Street, said property being Lot 17, Block 19, Overton Addition to the City of Lubbock, Texas, and that portion to be used for right-of-way being described as follows: The South 19.27' approximately of the above Lot. To duly execute and deliver to the City of Lubbock a right- of-way deed covering that portion of the above described property needed for widening 19th Street, in consideration of the benefits resulting from widening 19th Street and payment to us by the City of Lubbock the sum of �5.00. Ile agree to remove all fences, buildings, structures and other obstructions as may be found upon said property forth with, for the consideration to be paid by the City of Lubbock to the persons entitled thereto, the sum QW1,987.00, upon removal of all such obstructions. It is further agreed that should the undersigned desire to remove the poarches from the buildings now located on said Lot 17, he ray then elect to wait and comply with City Ordinance No. 726, and upon compliance with said Ordinance No. 726, the sum ':P1,937.00 shall become due and payable to all interested parties, and it is further agreed that the sum of :'1,987.00 represents any and all damages to the undersigned for the widening, straightening and paving of 19th Street. As an additional inducement to the Commission to accept this proposal I will dedicate the necessary Right-of-77ay across Lots 16 and 13, Block 19, Overton Addition. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, (Signed) Lee Sullivent BE IT RESOLVED BY THZ CITY CO.".2'.ISSIOIT OF 7_ 1E CITY OF LUBBOCKV that the foregoing proposal BE, and it is hereby accepted,__Ja_n. 23. 1947 ( aigne d ) C..A_ Be s t_vi ck T.:ay or ,'-'"TEST: � Levenia 'Jilliams (.signed) City Secretary January 22, 1947 To the City Commission Lubbock, Texas The undersigned, being the tenant of the property herein described hereby make the following proposal and offer to the City of Lubbock with respect to widening 19th Street, said property being Lot 17, Blcck 19, Overton Addition to the City of Lubbock, Texas . We atree to remove all fixtures, furnishings and merchandise as may be found in the two buildings located on above lot, for a period of time necessary for the Contractor to move the two buildings back on said lot, for the consideration to be paid by the City of Lubbock to the persons entitled thereto, the sum 9'1210.00, upon re- moval of all such obstructions. It is further agreed and understood that the sum N1210.00 represents any and all damages to the undersigned tenant caused by the widening, straightening and improving of 19th Street. It is agreed and understood that if the owner of said lot and building should decide to remove the poarches from said buildings and allow buildings to remain on their present location until the effective date of City Ordinance No. 726, the sum of :�1210.00 shall be due and payable to undersigned when said Ordinance No. 726 is complied with. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, ( Sig,ned ) IT IRESOUTED E'= '2E_2 CITY C0.' T..ISSION OF .THE CITY OF LUBBOC.i, that the foregoing proposal BE, and it is hereby accepted _Jan. 2t6s_ 1947 ----� (Signed) �C,_i�. Bestwick _M----- ___ P..'ayor mTEST . T,a-71-r i a '."li 1 1 i an.9 (Signed) City Secretary { Li FORD.: NS P - Col 0"11 R --Geor e_E__Benson_& S. C. Arnett. -Jr___ ------------ ----.H-------------- LOTS 19 BLOCK 2 .4DDankins ADDRESS RIGHT-OF-WAY DEED to CITY OF LUBBOCK THE STATE OF TE.LiS KNO;" ALL TAN BY " SE PRESE1\7S: COUNTY OF LUBBOCK THAT George E. Benson and S. C. Arnett, Jr., of the County of Lubbock in the State of Texas, for and in consideration of the sum of FI71E DOLLARS and other good and valuable consideration, to us in hand paid by the City of Lubbock, acting through the City Commission, receipt of which is hereby acknowledged, have this day sold, and do by these presents, grant, bargain, sell and convey unto the City of Lubbock, all that certain tract or parcel of land situated in the City of Lubbock, Lubbock County, Texas, particularly described as follows: A portion of Lot 19, Block 2, Hankins Addition to the City of Lubbock, Texas, described as follows: BE=7NING at a point in the "lest Property Line of Lot 19, Bloch 2, Hankins Addition to the City of Lubbock, Texas, 48.91' North of the South Line of Section 2, Block 0, Lubbock County, Texas; THENCE East along the proposed North Property Line of 19th Street parallel to and 45' 1Torth from the Center Line of the new street location 130.00' to a 2oint in the East Property Line of Lot 19, Block 2, Han- kins Addition to the City of Lubbock, Texas; THENCE South 46.381 to the South Line of Section 2, Block 0, Lubbock County, Texas; THENCE -Jest 130.00' to a point in the projection of the ;'lest Property Line of Lot 19, Block 2, Hankins Addition to the City of Lubbock, Texas: THENCE, North 48.91' to the place of beginning. City agrees to pay grantors damages as recorded on Page 233, Volume 7, I4:inute Records of the City Commission Regular Meeting, November 27. 1946. It is understood and agreed that the prime consideration for this conveyance is the widening of 19th Street in Lubbock, Texas and the use of the property here conveyed b� the City for such purpose. Therefore, it is understood and agreed between the parties hereto that the widening of 19th Street will be accom- plished in the near future by the actual opening of such addi- tional width; that if the widening of such street has not been accomplished within five ( 5 ) years from the date of this deed, then the property hereinabove described will ipso facto revert to the grantors, their heirs or assigns, upon the tender to the City of Lubbock, the amount of damages theretofore actually paid to grantors as hereinabove provided for; and that the City of Lubbock will cause to be executed and delivered such necess- ary instruments as may be appropriate in the premises, if any are required. This is here deemed to be a self executing rever- sion for the breach of a condition subsequent, namely the fail- ure of the City to accomplish the widening of 19th Street as now projected wiUiin five ( 5 ) years from this deed upon the tender and return of damages paid to the grantors. By accomplishing the widening of 19th Street is meant, for the purposes of this reversion, that the distance from kvenue 4 to College Avenue will have been actually opened to the use by the public as a street, widened in accordance with the present plan. Comple- tion of the physical work of paving and gutters is not essential, but the actual appropriation of the property by the public for street purposes, together with removal of present private struc- tures, is necessary. And it is further agreed that the said George E. Benson and S. C. Arnett, Jr., in consideration of the benefits above set out, will forthwith remove from the property above described, such fences, buildings, and other obstructions as may be found uponsaid property. TO HAVE kM TO HOLD FOREV'�'R, the above described premises, together with all a -id singular, the rights and hereditaments thereunto in any :vise belonging unto the said City of Lubbock and its assigns. And we hereby bind ourselves, our heirs, executors and admins- trators to forever warrant and defend the rights and title to said premises unto the said City of Lubbock against every person whomso- ever lawfully claiming or to claim the same or any part thereof. WITIJ ESS OUR HANDS, this 10 day of December, A. D. , 1946. (Signed) Geor e_E. Benson____ — George E. Benson) (Signed) S. C. Arnett. _Jr. __ 7 C. Arnett, Jr. __N—� THE STATE OF TEIAS 0 i COUNTY OF LUBBOCK 4 BEFORE i.:E, T11"P UNDERSIMME'D AUTHORITY, a Notary Public in and for Lubbock County, Texas, on this day fersonally appeared GEORGE E. BENSON and S. C. ARNETT, JR. , both known to me to be the persons whose names are subscribed to the foregoing instrument and ack- nowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER P::Y HAND SEAL OF OFFICE, this the loth_ day of December, A. D., 1946. (Signed) Ruth Baldwin notary Public in_and for Lubbock County, Texas SEAL RIGIT.T-CF-WAY DEED TO CITY OF LliBDCCr_ T,14_ 1 Sm AT E OF TEir-.S KNO',7 PILL I.:EN Ff 717H'3 1 PRESENTS: COUNTY OF LUBTPOCK T34kT, :Je Wright Kerr and 'life Bertha Iielen Eerr, of the County of Lubbock in' the State of Texas, for and in consideration of the sum of 'Y5.00, to us in hand paid b:r the City of Lubbock, the re- ceipt of which is hereby ackno,sledged and benefits to the remaining portion of our property after removal and modification of improve- ments situated thereon, have this day sold, and by these presents, grant, bargain, sell and convey unto the City of Lubbock for street and highway purposes, all that certain tract or parcel of land situated in the City of Lubbock, Lubbock County, Texas, particularly described as follows to -wit: Beginning at a point in the '.'Jest Property Line of a tract of land deeded to ­,riglit Kerr by H. 11. i'erser and wife, as recorded in Volume 303, page 321, of the deed records of Lubbock Count;, Texas, said point being 250 feet ':Jest and 30 feet i4orth of a inch iron rod set by Sylvan 03-nders for the South-east corner of Section 2, Block 0, Lubbock County, Texas, said point being furthor des - ex ed b i�2"U, f r he aid So th-eRaa�,s,t c}�r erow0c eor � CK'r ;� i�iiW4V*�W,°fT'&f-q s a 1 9hI b k , ty, Texas City Engineering Department of the City of Lubbock for Ordinance No. 726 passed by the City Corimission of the City of Lubbock, State of Texas and second and final reading the llth clay of October, 1945, thence forth 23.19 feet to a point established by Ordinance No. 726, of the City of Lubbock as the North building line of 19th Street, thence East a distance of 50 feet ?long a line parallel to and 45 feet. North of the center line of a new street location as described in said Ordinance 1,1o. 726, of the City of Lubbock, thence South 24.2d feet to a point for the :youth -east corner of the tract here- by conveyed, thence '.Test 50 feet to the place of beginning. It being ti!e intent of the grantors to convey that portion of lan:I oswned by then lying South of the building_ line as established b,) Ordinance 726 of the City of Lubbock_, Texas, togetLer with all our right, title and interest to any real property within the build- ing lines and abutting the property herein conveyed. By accepting this conveyance the City of Lubbock agrees that conveyance to it of the above described tract of land, results in damages to improvements situated thereon and on that portion of the property not herein conveyed, and the City will pay to Grantors the amount as agreed upon in a written proposal submitted by Grantors to, and as accepted by the City Corriaission, the'same being recorded in I-Anute rook 7, Pages 244 and 245 of the records of the City of Lubbock, said a fount to be paid Grantors when the tract of land herein conveyed is cleared by Grantors of all obstructions thereon and Grantors covenant tat for such consideration they will fort1n,)ith remove from the property herein conveyed such fences, buildings and all obstructions as may be found thereon anct krill accept the said con!�ideration in full and final pa\/mIlent for all damages accruing, to the Grantors and all other intereUted persons, wl-iich paynent will not be offset by any consideration of enhanced value or other benefits to that portion of the property retainer: by Grantors. TO i_iVE _ iZ TO HOLiJ FOREVER the above described pre:.ises, to<-et;:Ler with all -:nd singular The rights ana hereditaments there - unto in anywise belonging; unto the said City of Lubbock and its assigns. 1 -iD we hereby bind our heirs, executors and adrAnistrators to forever warrant aiid defend the rig''r_ts and title to saia premises unto the said City of Lubbock aEainst every person u)hon.soever la•�;fully clair.ing or to cl.ai:.. the same or any part thereof. "',fitness our hnnds, this 26 day of February, 1947. (Signed) ___Jright_Kerr ________ (Signed ) Dertha Helen j�err____ THE STATE OF TEXAS � COUNTY OF LM3BOCK } BEFORE ME, the undersigned, a Notary Public in and for said County and State,. on this day personally appeared Wright Kerr and Bertha Helen Kerr, his wife, bothe known tome to be the persons whose names are subscribed to the foregoing instrument, and e cknowledged to me that they each executed the same for the purposes and consideration therein express- ed, and the said Bertha Helen Kerr, wife of the said '^'right Kerr, having been examined by me privily and apart from her husband, and having the same fully explained to her, she the said Bertha Helen Kerr, acknow- ledged such instrument to be her act and deed, and she declared th:: t she had willingly signed the same for the purposes and consideration there- in expressed, and that she did not wish to retract it. Given under my hand and seal of office, this 26 day of Feb. , 1947. (Signed) B. B. Taylor Notary P ub l c n-and for Lubbock County, Texas SEAL