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HomeMy WebLinkAboutResolution - 063064S - Temporary Working Easement - Sanitary Sewer Line - Section 11 Block A - 06_30_1964 T:jlm Du 5OW RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: `- THAT the Mayor of the City of Lubbock be and is hereby authorized and r5 Erected to execute for and on behalf of the City of Lubbock a Temporary Working Easement for a sanitary Sewer Line attached herewith which shall be spread upon o,Ghe minutes of the Council and as spread upon the minutes of this Council shall con- "� titute and be a part of this Resolution as if fully copied herein in detail. �O� 3 Passed by the City Council this 30th day of June , 1964. MAX TIDMORE, Mayor ATTEST: - Fo ov avenia--Lowe, ity Sec re ry-Treasurer Gty Attorney '.i Approved Aid.City A&rney TEMPORARY WORKING EASEMENT FOR SANITARY SEWER LINE THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK i THAT, O. C. HORNE and wife, BESSIE LEE HORNE being the sole owners of certain hereinafter described land in Lubbock County, Texas, for and in con- sideration of the sum of ONE AND NO/100($1.00) DOLLARS to them cash in hand paid by the City of Lubbock, a Home Rule Municipality located in Lubbock County, Texas, the receipt of which is hereby acknowledged and confessed do hereby give and grant to the City of Lubbock a temporary working easement for the construc- tion of a sanitary sewer trunk line upon property adjacent to the property herein described, and this temporary easement shall automatically and in all respects expire and revert to the grantors herein and their heirs and assigns without further writing or action sixty(60) days after such line is completely installed and covered up; such temporary working easement being described as follows: A. atrip of land 25.0 feet in width out of the South 1A of Section 11, Block A. Lubbock County. Texas, and being on the North side of adjacent and parallel to the North right of way line of Loop 289. Said 25.0 foot strip of land extends from Engineer Station 283 + 36 En- gineer Station 309 + 21 on said Loop 289. Said description being more particularly located by the YELLOW colored portion of the attached map which is hereby made a part of this easement. It is understood and agreed and this easement is executed upon the con- dition that the grantee herein obligates itself and agrees that after the construc- tion, of such sanitary sewer trunk line such premises will be restored to substantially the same condition as the same were in prior to such construction, and all rock larger than 1 inch in diameter displaced by excavation shall be removed from the top 18 inches of the soil, without cost to grantors, their heirs and assigns. It is further understood and agreed that this easement is executed upon the condition that the grantee herein obligates itself and agrees to reimburse the grantors in the amount of money equal to the value of the destroyed or permanently damaged crops growing on the herein described property which arise out of and are incident to the use of this easement for the purposes herein stated. TO HAVE AND TO HOLD all and singular the above described uses, rights and easements together with the full right of ingress, egress, and regress for any and all purposes necessary for the construction, of the sewer line improvement herein contemplated unto the City of Lubbock its legal representatives and assigns to their proper use and behalf. This easement shall be binding'upon the heirs and assigns of the grantors erein. WITNESS OUR HANDS this . day of / . 1964. O. C, HORNE BESSIE LEE HORNE CITY OF LUBBOCK BY: 1�•�` MAX TWRORE, Mayor ATTEST: Alf, Lavenia Lowe, City Secretary-Treasurer THE STATE OF TEXAS I COUNTY OF LUBBOCK + BEFORE ME, the undersigned authority, a Notary Public, in and for said County, Texas, on this day personally appeared O. C. BORNE and BESSIE LEE HORNE 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 BESSIE LEE HORNE, wife of the said O. C. HORNE, having been examined by anise privily and apart from her husband, and having the same fully explained to her, she, the said BESSIE LEE HORNE acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same.for the purposes and con- sideration therein expressed, and that she did not wish to retract it. IYEN UNDER MY HAND AND SEAL OF OFFICE this day of 1964. (SEAL) to blic, Lubbock County, Texas JOSEPH MORAHAN THE STATE OF TEXAS 4 Nc9ary Fuwic COUNTY OF LUBBOCK 4 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared MAX TWMORE, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged 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 AND SEAL OF OFFICE this day of 19 64. (SEAL) Notary Public, Lubbock County, Texas