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HomeMy WebLinkAboutResolution - 071455A - Sewage Line Easement - Farmer Co-Op Compress - Section 4, Block B - 07_14_1955 7-23-5 Cor,v to RE S 0 L U T ION City Engr A RESOLUTION ACCEPTING A SANITARY SEWAGE LINE EASEVMIT DATED MY 6, 1955, EXECUTED BY THE FARTE;RS CO-OP COMPRESS OF LUBBOCK, LUBBOCK COUNTY, TEXAS TO THE Original CITY OF LUBBOCK, COVERING A TWENTY (20) FOOT STRIP OF LAND SITUATED IN SECTION executed FOUR (4), BLOCK B, LUBBOCK COUNTY, TELLS, AND PARTICULARLY DESCRIBED IN THE Sanitary BODY OF THIS RESOLUTIONP SUCH GRANT OF EASE107T BEING SUBJECT TO ALL OF THE Seiver Line CONDITIONS AND OBLIGATIONS SET FORTH IN SAID EASTmT, A COPY OF WHICH IS AT- Easement TACHED TO AND MADE A PART OF THIS RESOLUTION. sent to Mr.Holmes, WHEREAS, the Farmers Co-op Compress of Lubbock, Lubbock County, Texas, Dir.of has submitted to the City Commission an easement granting to the City of Lub- F ublic Vs`or s bock the right to construct, reconstruct and perpetually maintain a thirty-six (Engineers) inch (3611) sanitary sewage line in, on, under and across all that property ly- 7-23-55 ing and being situated in the City of Lubbock, Lubbock County, Texas being a to Record'. twenty (20) foot strip of land, the center line of which is described as follews: BEGINNING at a point in the 13a.st line of Section 4, Block B, said point being 1183.3 feet North of the Southeast corner of Section 4, Block B, Lub- bock County, Texas; THENCE Southwesterly a distance of 1263.8 feet to a point in the Northeasterly right-of-way line of the Panhandle & Santa Fe Railway Company, (Slaton Line), said point being 746.1 feet West and 163.2 feet North of the Southeast corner of said Section 4, Block B. such grant of easement being subject to all of the conditions and obligations set forth therein, a copy of the same being attached hereto, marked „Exhibit A" and made a part hereof; and, WHEREAS, among other conditions set forth in said easement ..is the condi- tion that the City of Lubbock shall by appropriate Resolution or Ordinance duly passed by the City Commission accept said easement with all of the conditions and obligations imposed therein, reference being hereby made to all of said ccn- ditions and obligations, as set forth in the attached copy of said easement; and, WHEREAS, the City Commission has determined that it would be in the public interest of the City of Lubbock to accept such easement so submitted; NOW, M-REFORE, BE IT RESOLVED BY THE CITY COMMON OF THE CITY OF LUBBOCK: SECTION 1. THAT the Sanitary Sewage Line Easement dated July 8, 1955, ex- ecuted by the Farmers Co-op Compress of Lubbock, Lubbock County, Texas, BE and the same is hereby accepted by the City of Lubbock subject to the conditions and obligations set forth in such easement, a copy of which is attached hereto and made a part hereof. SxTION 2. THAT the City Secretary-Treasurer shall transmit a certified copy of this Resolution to the Farmers Co-op Compress of Lubbock, Lubbock County, Texas. A N D I T I S S 0 O R D E R E D Passed by the Commission this the day of 1955. Lz"'06-2. 1 TR or ATTEST: LJ/,f 0 Lave is Lowe, Ci y Secretary-Treasurer Oil JAE: gr 7/11/55 "Exhibit A" THE STATE OF TEXAS SANITARY SEWAGE LINE EASEM7T COUNTY OF LUBBOCK The Farmers Co-op Compress of Lubbock, Lubbock County, Texas, acting herein by and through its duly authorized officers pursuant to Resolution duly adopted by its Board of Directors, for and in consideration of the sum of One ($1.00) Dollar and other good and valuable considerations to it cash in hand paid by the City of Lubbock, receipt of which is hereby acknowledged do hereby give and grant to the said City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, the right to construct, reconstruct and perpetually maintain a thirty-six-inch (3611) sanitary sew- age line in, on, under and across all that property lying and being situated in the City of Lubbock, Lubbock County, Texas, being a twenty foot strip of land, the center line of which is described as follows: Beginning at a point in the East line of Section 4, Block B, said point being 1183.3 feet North of the Southeast corner of Section 4, Block B, Lub- bock County, Texas; THENCE Southwesterly a distance of.1263.8 feet to a point in the Northeasterly right-of-way line of the Panhandle& Santa Fe Railway Company, (Slaton Line), said point being 746.1 feet West and 163.2 feet North of the Southeast corner of said Section 4, Block B. And in such same consideration the Farmers Co-op Compress of Lubbock does hereby give and grant to the City of Lubbock a temporary working easement to be used only be- tween the dates of April 1 and September 1 of any calendar year,for the construction of the sanitary sewer line in the hereinabove described permanent easement, and shall automatically in all things expire and the ipso facto revert to grantor herein, its successors and assigns without further writing, fifteen days after such line is com- pletely installed and covered over; such temporary working easement being described as being forty feet on the North side of the North line of the easement hereinabove des- cribed, and twenty feet on the South side of the South line of the easement herein- above described. Coil i I i SAVE AND EXCEPT that the grantor herein reserves to itself, its successors and assigns, and there is excepted from this grant, the right at all times to cross over, around or under the sewage line with all types of utility lines, roads, paving and railroad trackage or for any other purposes and the right to place any building or other improvement on, over or across said twenty-foot strip and the right to use said twenty-foot strip for any purpose which will not interfere with the actual location of the sewage lire in the ground. IT IS UNDERSTOOD AND AGREED and this easement is executed upon the condition that: (A) The City of Lubbock shall place such sanitary sewage line a minimum of fif- teen (15) feet from flow line to ground surface. (B) After the construction, reconstruction, maintenance or repair of such sani- tary sewer line by the City of Lubbock such premises will be restored by the City of Lubbock to substantially the same condition as the same were prior to such construc- tion, reconstruction, maintenance or repair, without cost to the grantor, its suc- cessors or assigns. (C) I£ the rights herein granted to the City of Lubbock are not exercised and the sanitary sewer line actually installed and covered within three years from this date, all rights herein granted shall terminate and ipso facto revert to grantor herein, its successors or assigns without any further action on the part of the grantor, its successors or assigns. (D) In the use of such rights and privileges herein granted, the City of Lubbock will not create a nuisance or do any act that will be detrimental to said premises. (E) The City of Lubbock by appropriate resolution or ordinance duly passed by its governing body, the City Commission, accepts this grant with all conditions and obliga- tions herein imposed, and as shown by attached resolution, a part of this agreement, TO HAVE AND TO HOLD the same perpetually to the City of Lubbock and its suc- cessors, together with the right and privilege at any and all times to enter said premises (20) foot strip) or any part thereof, for the purpose of constructing, re- constructing and maintaining said sewage line, all subject to the conditions and ob- ligations herein imposed. - 2 - 011455A IN WITNESS WHEREOF the FARMERS CC-OF COMPRESS OF LUBBOCK has caused these pre- sents to be signed by its President, Roy B. McQuatters, and the same to be attested by its Secretary, Tom Brown, this the 8th day of July , 1955. FARMERS CO-OP CONTRESS OF LUBBOCK Isl Roy B. McQuatters _ Roy B. McQuatters, President ATTEST: /S/ Tom Brown Tom Brown, Secretary THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared Roy B. McQuatters, known to me to be the person whose name is subscribed to the foregoing instrument as President of Farmers Co-op Compress of Lubbock, a corpora- tion, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed, in the capacity stated, and as the act and deed of said corpora- tion. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 8th day of July , 1955. Is/ Durwood Green Notary Public in and for Lubbock County, Texas.