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HomeMy WebLinkAboutResolution - 012741A - Petition To Close An Alley Running Through Block 10 Of The Marrill Addition - 01/27/1941012141A RESOLUTION recessed At a/regular meeting of the City Commission of the city of Lubbock, held at the city hall on the 27th day of January, . A. D., 1941, at which were present a quorum or suoFi commission, came on for hearing the application and petition of Don L. Mitchell and I. Wylie Briscoe for the closing of alley running north and south through Block 10, of the Merrill Addition to the city of Lubbock, Lubbock County, Texas; It appearing to the Commission that the material claims of the application and petition are true and that said alley should be closed, subject, only, to the right of the city of Lubbock and all public utility companies, corporations and firms to cross said Block 10, with utility lines, gas lines, water lines, sewer lines, telephone lines and other service lines, with an easement therefor, at a convenient place consistent with the use of said block by the owners thereof; that the city of Lubbock and all utility companies shall not be liable for damage to the owners of said block by reason of the crossing of the same with such lines and the maintenance and repair of said lines, and the altering, removing and installing the same: It is, accordingly, the order of this Commission that said alley be, and the same is hereby in all things closed as an alley and that the dedication of the same for public use be, and the same is hereby in all things revoked, save and except the easements herein reserved on and across said Block 10 at a convenient place consistent with the use of said Block 10 by the owners thereof for all utility and service lines of all corporations, firms and companies, and the city of Lubbock, to use same for various utility lines, and under the agreement and reservation that the city of Lubbock and said utility companies, corporations and firms shall not be liable for damage by reason of the installation, alteration, removal, and repair of any of such lines in and across said Block 10, of the Merrill Addition. AT T: Mayo o the City of Lubbock ity Secretary THE STATE OF TEXAS..... COUNTY OF LUBBOCK........... I, City Secretary, do hereby certify that the above and fore- going is a true and correct copy of a resolution closing the alley in Block 10, of the Merrill Addition to the city of Lubbock, Lubbock County, Texas, passed by the City Commission at a regular meeting held on the _day of , A• D., 1941, as the same appears from the minutes of such meeting. TO CERTIFY OF WHICH I hereunto set my hand and the seal of the city of Lubbock, this day of A• D.. 1941. City Secretary City of Lubbock, Lubbock County, Texas GEO. R. BEAN WM. H. EVANS ROBT. H. BEAN BEAN, EVANS & BEAN ATTORNEYS AT LAW 206-9 CITIZENS NAT'L BANK BLDG. LUBBOCK,TEXAS January 14, 1941 Mr. W. H. Rogers Mayor, City of Lubbock, Lubbock, Texas Dear Bill: Don L. Mitchell and I. Wylie Briscoe have pur- chased Block 10, of the Merrill Addition, and are going to build a warehouse on this block, and for such purpose desire that the alley be closed. We have prepared what we deem an appropriate order for this purpose and will appreciate your presenting same to the Commission and having it entered. If there is any question about it, we would like to be notified and have Mr. Briscoe and mr. Mitchell appear before the Commission. If this is not the kind of order desired in this connection, we suggest you change it in any way to effect the result desired by Mr. Briscoe and Mr. Mitchell. A4, WHE:mw Encls. Very truly yours, r Wm. H. Evans. TO THE HONORABLE: MAYOR AND CITY COMMISSION OF THE CITY OF LUBBOCK: Now come Don L. Mitchell and I. Wylie Briscoe, and by way of petition to close an alley would show: Both of the petitioners live in the City of Lubbock, Lubbock County, Texas. They have recently purchased and are the owners of all of Block 10, of the Merrill Addition to the City of Lubbock. Running North and South through said Block 10 of the Merrill Addition, is a 20 foot alley. None of said Block 10 is improved and said alley has never been actually opened ana usea by the public. Petitioners purchased this vacant property it the industrial location of the City of Lubbock for the purpose of buildinj a warehouse and for other in- dustrial uses. For their purposes of development, they need to place their improvements in the center of the block and on and across the present location of the alley. Their improve- ments will materially increase the taxable property in the City of Lubbock ana will add to the industrial development and growth of the City. Petitioners are willing for the utility service lines of sewer, water, lights, power and gas to be placed across said premises and property at any con- venient location. ';,herefore, petitioners pray that this Honorable Com- mission grant this petition and enter its resolution and order for closing said alley through Block 10 of the Merrill Ad- dition to the City of Lubbock, subject only to the use of said Block 10 by public service companies and agencies, and by the City, by easement, to cross the same with service lines. Respectfully submitted, Petitioners f