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Home My WebLink AboutResolution - 1247 - Dedication Deed - Resthaven Inc - Cemetery Purposes - 11_11_1982*113A RESOLUTION 1247 - 11/11/82 SMH/mck RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DEDICATION DEED JOINING AS A LIENHOLDER IN PROPERTY DEDICATED FOR CEMETERY PURPOSES EXECUTED BY RESTHAVEN OF LUBBOCK, INC. WHEREAS, Resthaven of Lubbock, Inc. desires to dedicate and plat certain property owned by them; and WHEREAS, the City of Lubbock is a lienholder on said property by virtue of a paving improvement on Frankford Avenue; and WHEREAS, Resthaven of Lubbock, Inc. has agreed that the joinder of the City of Lubbock in the dedication deed shall not prejudice in any manner the lien on said property; NOW THEREFORE: 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 dedication deed joining as a lienholder in property dedicated for cemetery purposes executed by Resthaven of Lubbock, Inc., attached herewith which shall be spread upon the minutes of the City Council and as spread upon said minutes shall constitute and be apart of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th dayNoven#pr , 1982. BILL MCALTSTER, MAYOR ATTESTc'/J Evelyn Gaffga, City Secretl! Treasurer APPROVED AS TO CONTENT: f/ Jim "ram; Asst. City Manager for Development Services APPROVED AS TO FARM: Susan M. Hortoli, Assistant City Attorney N0� i i 19�2 RESOLUTION 1247 - 11/11/82 (!-; ^FrR:7ARY-T1`EASURER THE STATE OF TEXAS § COUNTY OF LUBBOCK § DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS: Pursuant to Article 912a-10, Vernon's Annotated Statutes, RESTHAVEN OF LUBBOCK, INC., of Lubbock, Texas, a corporation organized and existing under and by virtue of the laws of the State of Texas, acting herein by and through its President thereunto duly authorized, has dedicated and does hereby dedicate to cemetery purposes the following described tract or parcel of land known and described as follows: Section CC of Resthaven Memorial Park BEGINNING at a point at the Northwest corner of Section "U" from which the SW corner of Section Four (4), Block E-2, Lubbock County, Texas, bears South 2000.0 feet and West 26.0 feet; THENCE, East, 709.25 feet to a 3/8" iron rod set as the Northwest corner of this tract and the point of beginning; THENCE, East, 255.7 feet to a 3/8" iron rod set as the Northeast corner of this tract and in the West line of an alley of Tracy Heights Addition; THENCE, South 267.0 feet along the alley line to a 3/8" iron rod set as the Southeast corner of this tract and the Northeast corner of Section "W"; THENCE, West, 255.7 feet along the North line of Section "W" to a 3/8" iron rod set in the East line of Section "T" and the Northwest corner of Section "W"; THENCE, North, 267.0 feet to the POINT OF BEGINNING of this tract, and containing 1.57 acres, more or less. RESTHAVEN OF LUBBOCK, INC. hereby plats the. above described property as shown in accordance with the attached map, prepared by John N. Wilson, a li*rlsed surveyor for the State of Texas, on the � day of 1982, and approved by the Planning Commission of the City of Lubbock on the 7th day of October, 1982, and desiring to have the said property platted and duly filed for record as required by law all as shown on the attached map; i NOW, THEREFORE,, for and in consideration of the special benefits to the cemetery (of which the above described property is a part), presently known as Resthaven Memorial Park, RESTHAVEN OF LUBBOCK, INC. does hereby dedicate the above described property, as shown on such map, for the use of such cemetery forever for use as a maintenance facility tract, and do impress the name of Section CC of Resthaven Memorial Park, an addition to the City of Lubbock, Lubbock County, Texas, upon such property for the correct reference and description thereto as indicated on the attached map, and do hereby adopt the name hereinabove stated and impress the same upon such land, incorporating such map as a part of this dedication. Pursuant to power reserved therein, this Dedication Deed is an amendment to the Dedication Deed heretofore recorded in Volume 1796, Page 365, Lubbock County Deed Records. Grantor shall not further amend thereunder except in accordance with applicable statutes and ordinances. Resthaven of Lubbock, Inc., the fee simple owner of the above described tract, is joined herein by all existing lienholders thereon. IN TESTIMONY WHEREOF, Resthaven of Lubbock, Inc. has caused these presents to be executed by its President on this the 20th day of October A.D., 1982. RESTHAVEN OF LUBBOCK, INC. ATTEST: J Anne M. Smith, Secretary ATTEST: Evelyn Gaffga, Cit Secretary -Treasurer By Roy L. Ward, resident LILLIAN RUTH BROWN, Individually and,as Independent Executrix and Trustee under the Will and Estate of R. P. Brown, Deceased ETHt C MPBELL, Individually and as Independent Executrix and Trustee under the Will and Estate of Crayton O. Campbell, Deceased FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION Lubbock, Texas By - Z "6&' Vice -President CITY OF LU O By: 1 Bill McAlister, Mayor -2- i THE STATE OF TEXAS § COUNTY OF, LUBBOCK § This instrument was acknowledged before me on QC`[0 ,(i QS_ff�2_ by ROY L. WARD, President of RESTHAVEN OF LUBBOCK, !INC., on behalf of said corporation. , `n MYCOMMISSIONEXPIRES _iUNE 30, 1984 GERAlAR.BRYCE Notary Public in and for State of Texas My Commission Expires: 3o_g� THE STATEIOF TEXAS § COUNTY OF=TOM GREEN § Thisiinstrument was acknowledged before me on oL l 9g ,2,,I by LILLIAN RUTH BROWN, Individually and as Indepen-g dent Executrix and Trustee under the Will and Estate of R. P. Brown, Deceased. z oe 6x,� gi� Notary Public in and for State of Texas SHARON FORD TACKETT My Commission Expires: /- i 40_ jf7o THE STATE OF TEXAS § COUNTY, OF LUBBOCK § This instrument was acknowledged before me on OcT L- by ETHELYN CAMPBELL, Individually and as Independen Executrix .and Trustee under the Will and Estate of Crayton O. Campbell, Deceased. °�CLPd Notary Public in and foA3 State of Texas My Commission Expires: MY COMMISSION EXPIRES JUNE 30, 1984 GERALDINE BRYCE -3- THE STATE OF TEXAS § COUNTY OF LUBBOCK § T nstrumentLzas acknowledged before me on OC_To eY ;Lg', �q by `I SD PxLv Ot atA Vice -President of FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION, a Federal Savings & Loan Association, on behalf of said Associa- tion. MY COMMIS51ON EXPIRES Notary Public in and for U TUNE 30, 1984 GERALDINE BRYCState of Texas E My Commission Expires: -d0 -S-r THE STATE OF TEXAS & COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared BILL McALISTER, known to me to be the person whose name is subscribed to the foregoing instrument 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 consideration therein expressed, and in the capacity therein stated. l� m G,IIVEN-4NDER MY HAND AND SEAL OF OFFICE, this day of -�-6 19612 � .. j Not y Public in and for State of Texas Jr. - My Commission Expires: -4- Letter of Agreement Mayor and City Council of the City of Lubbock: In consideration of the joinder of the City of Lubbock as lienholder in a plat and dedication deed for cemetery purposes executed by Resthaven of Lubbock, Inc., as owner of the property contained in said plat and dedication deed, it is hereby understood and agreed by Resthaven of Lubbock, Inc. that said joinder therein by the City of Lubbock does not and shall not prejudice in any manner any lien of said City of Lubbock for paving improvements on Frankford Avenue against any real property owned by Resthaven of Lubbock, Inc. EXECUTED this 1' day of e , 1982. RESTHAVEN OF LUBBOCK, INC. By Roy L. Ward, Pre ident