HomeMy WebLinkAboutResolution - 062437B - Refusal To Accept Tract Of Land As Alley Or Street - Hart Addition - 06/24/1937 i T
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RESOLUTION
BE IT REMEMBERED, that at a regular meeting of the
City Commission of the City of Lubbock, held in the City
Hall of said City on this, the 24th day of June, 1937,
a quorum being present, upon motion of Commissioner
Price and second of Commissioner
McMillan the following resolution was passed:
"WHEREAS, heretofore, on the 15th day of July, 1902,
as shown by deed recorded on page 87, of Volume 12, of the
Deed Records of Lubbock County, Texas, J. -J. Dillard con-
veyed to M. E. McBride that part of Survey 7, in Block
B, Certificate 307, T. T. Ry. Co., in Lubbock County, Texas,
described by- metes and bounds as beginning at a point 817
varas west from the northeast corner of said Survey, thence
south 230 varas, thence west 133 varas, thence north 230
varas, thence east 133 varas to the beginning, and as a
part of said deed, provided as follows: 'fIt is agreed
by the purchaser of this tract that 50 ft. shall be given
on the west side of tract for a street and 20 ft. , on the
south and east side of said - - - the use and purpose of
alley; ' and,
"WHEREAS., the said M. E. McBride and those holding
under her never did comply with said agreement or request
of said J. J. Dillard with reference to the giving of the
twenty-foot strip along the south side of said tract of
land so conveyed by said J. J. Dillars to said M. E. McBride,
but on the contrary one J. T. Hart and wife, subsequent
owners of the tract of land so conveyed to the said McBride
by the said Dillard, mapped, platted and dedicated said
tract of land as an addition to the City of Lubbock under
the name, ' J. T. Hart Addition to the Town of Lubbock, ' as
shown on pages 173 and 174, of Volume 18, of the Deed Records
of said Lubbock County, and by said map and dedication made
and designated that part of said land constituting the south
twenty feet thereof as parts of Lots 24 and 25, in Block
of said J. T. Hart Addition; and,
"WHEREAS, neither the said City of Lubbock, nor any
other municipality , has ever accepted in behalf of the
public any dedication of said south twenty feet of the tract
of land so conveyed by the said Dillard to the said McBride,
as an alley, nor has the public ever used said strip of land
.. for an alley or passageway, but said twenty-foot strip of
land has been used and occupied for more than ten years
for residential purposes by the record owners thereof; and,
"WHEREAS, said J. J. Dillard has released said M. E.
McBride and all other holders under her from the aforesaid
agreement set forth in his deed of July 15, 1902, with ref-
erence to the giving of the south twenty feet of the tract
of land there conveyed, said release being in writing and
bearing date of. -June 19, 1937; and,
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O0243 -IB
sh", "WHEREAS, the City of Lubcock does not wish to accept
or recognize said twenty -foot strip of land as an alley
or street, but does desire to refuse to accept same as an
alley or street:
"NOW, THEREFORE, RE IT RESOLVED.by the City Commission
of the City of Lubbock that said City of Luboock does hereby
refuse to recognize and/or accept the said south twenty
feet of the tract of land conveyed by the said J. J. Dillard
to M. E. McBride by the deed of July 15, 1902, as an alley
or street in the City of Lubbock, and does here and now
recognize said strip of land as private property."
Passed and approved by Uftan mous vote of the City
Commission of theCity of Lubbock# Texas, 24th day of June, 1937.
ri Tor
At
City* Secretary.
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