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HomeMy WebLinkAboutResolution - 052864L - Temporary Working Easement - M.L. Fluke Miller - Sewer Line, Sec 4 Block E-2 - 05/28/1964jBDA,,j1m y 158-4=64 —A - L RESOLUTION --- ' BE 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 directed to execute for and on behalf of the City of Lubbock a Temporary Working Easement for a Sanitary Sewer Line, described in the attached conveyance and ma which shall be spread upon the minutes of the Council and as spread upon the minu of this Council shall constitute and be a part of this resolution as if fully copied herein in detail. Passed by the City Council this 28th day of May , 1964. MA OR ATTE`STs - tApy A�torneY Lave ia, Lowe, "Ci yKe(retary- reasurer f TEMPORARY WORKING EASEMENT FOR AS NIT RY SEWER LINE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 1 THAT, MAVIS LOUISE FLUKE MILLER, not joined herein by husband for the reason that the hereinafter described property is the separate property of MAVIS LOUISE FLUKE MILLER, being the sale owner of certain hereinafter described land in Lubbock. County, "Texas, for and in consideration of the sum of ONE AND NO/ 100 ($1. 04) DOLLARS to her 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 confressed do hereby give and grant to the City of Lubbock a temporary working .easement for the construction of a sanitary sewer trunk line upon property adjacent to the property herein de- scribed, and this temporary easement shall automatically and in all respects expire and revert to the grantor herein and her 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: Two parcels of land out of the Northwest 1/4 of Section 4, Block E-2, Lubbock County, Texas, more fully described as fellows: A strip of land 25.0 feet in width lying adjacent and parallel to the Northwest right of way lime of Loop 289 in said Section 4, Block E-2, said strip of land being out of two tracts of land owned by the said Mavis Louise Fluke Miller, said tracts of land being more fully described in deed recorded in Volume 655, Page 119 itud Volume 815, Page 67T, Lubbock County Deed Records6 Said description being more particularly located by the RED colored portion of the attached map which is hereby made a part of this easement. It is understood and agreed and this easement to executed upon the con- dition that the grantee herein obligates itself and agrees that after the eonstruc- tion, maintenance or repair` 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, reconstruction, maintenance or repair 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 grantor, her 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 grantor in the amount of money equal to the value of the destroyed or per- manently 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 casements together with the full right of ingress. egress, and regress for any and all purposes necessary for the construction, reconstruction and main- tenance of the newer lite Improvement herein contemplated unto the City of Lub- bock its legal representatives and assigns to their proper use and 'behalf. This easement shall be binding upon the heirs and assigns of the grantor herein. WITNESS OUR HANDS this 28th day of May 1964. VIS LOUISE FLUKE MILLER CITY OF LUBBO 8Y: rr a., KjWMWXXSTRONC� Mayor «* MAX TIDMORE ATTEST: L� Laventa Lowe, City Secretary -Treasurer THE STATE OF TEXAS f COUNTY OF LUBBOCK # BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared MAVIS LOUISE FLUKE MILLER, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1964. ( SEAL ) Notary Public, Lubbock County, Texas THE NATE OF TEXAS COUNTY OF LUBBOCK i BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared 3A==X9M0X1, MAX TIDMORE known to me to be the person whose i.name is subscribed to the foregoing in- strument 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 con- sideration therein expressed. and in the capacity !therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this y of ( SEAL ) Notary. Public, Lubbock County, Texas