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HomeMy WebLinkAboutResolution - 111060C - Quit Claim - Ralph A. Heibner - Suburban Homes Addition - 11_10_1960 .r g Oun G RESOLUTION WHEREAS, the City Commission finds that a certain portion of 46th Street in r!^ the City of Lubbock, Lubbock County, Texas, is no longer needed for public use as a public street; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said city a quit claim deed to Ralph A. Heibner and wife, Velma G. Heibner covering the:following described property, to-wit: BEGINNING at the Northwest corner of Lot 8, Block 17, Suburban Homes Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 20.0 feet to a point, said point being the beginning of a curve to the left, having a radius of 15.0 feet and an arc length of 23.56 feet; THENCE around said curve to the left an arc length distance of 23.56 feet; THENCE East along the South line of Lot 8, a distance of 127.50 feet to a point; THENCE South 10.0 feet to a poiot, said point being the Southeast corner of Tract 17, Suburban Homes Addition; THENCE West 127.5 feet parallel to the South line of Lot 8 to a point; said point being the beginning of a curve to the right having a radius of 15.0 feet and an arc length of 23.56 feet; THENCE around sai� curve to the right an arc length of 23.56 feet to a point in the Wes line of Lot 8; THENCE North along the West line of Lot 8 a distance of 30.0 feet to the point and PLACE OF BEGINNING. SECTION 2. The City Secretary shall attest the signature of the Mayor to said deed and shall affix the seal of the City of Lubbock thereto. Passed by the City Commission this ]0 lay of November. 196 A�7,3�Y via o ------ y ATTEST: lp F r� r �'� ` — Gty AltornaY La.vema OWe, Cil y Cre *greasurer Y _. THE-STATE OF KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK That the City*of Lubbock. nnicipality of the County of Lubbock and State of Texas .for and in consideration of the sum of ONE AND N0/100($to 00) ' DOLLARS, and other good and valuable consideration to it in band paid by RALPH At HEIBNER and rovife, VELMA G. HEMMER of the County of Lubbock and State of Texas ,the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said RALPH A. HEIBNER and wife, VELMA G. HEIBNER their heirs and assigns,all its right title and interest in and to that certain tract or par- eel of land lying in the County of Lubbock and State of Texas, described as follows, to-wit: BEGINNING at the Northwest Corner of Lot 8, Block 1T, Suburban Homes Addition to the City of Lubbock. Lubbock County, 'T'exasi THENCE South 20,0 feet to a point, said point being the beginning of a curve to the left, having a radius of 15.0 feet and an are length of 28.66 feet; THENCE around said curve to the left an are length distance of 23.56 feet; THENCE East giong the South Una a Lot 8 a distance of 427,60 feet to a pointf THENCE South 10.0 feet to a.:ppo�iint,-laid point being the Southeast corner of Tract IT, Suburban Homes Addditionl . THENCE West ILT-,5 feet parallel,to the South line of Lot 8 to a point, said point being thc'beginning of a curve to the tight having a radius of IS.0 feet and as arc length of 11.56 feet; THENCE around said curve to the.right snare length of 4k.56 feet to a point in the West libe t Lot S;" ":I.GIC i kW .aka Viiai? .__A4 a .. 4too , TO HAVE AND TO HOLD tf- e,:ti t preini rat, to ether with all and sinpukar the, r. htz, privi THE STATE OF TEXAS l *zs' a any belon,K k.g unto the said I fs..1-TI e COUNTY bF Lti88bGK r =" f; BEFO *Ut-.`ltki, i►di` glinld lidtlt*tt , a Ndiary Public. in and for aid a id RE County,_Texsa._pn his,d•Aj►'yf racdallgbpk?eared DAVID C. CASEY, known to z ,.me to be:tho pe o whp e ,+a8 z. me,.a subscribed to the foregol{g instrument and acknowledged to ma �beit he executed thb'saii�e as the act and iiddeis&M;lie'1blT9f 1--', OF LUBBOCK and as MAYOR, ;for the.pur poses.and consideration,the rein �, ,,.,• expreaSod, and in the`capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE# this day of 1960. day ofnovemoer `-- ----- A.D:I90v Witnesses at Request of Grantor: CITY OF LUBBOCK ATTEST; By, C. DAVID E s Mayor I 71xveda Love. ectrs areaeurelc SINGLE ACKNOWLEDGMENT 1; THE STATE OF TEXAS, COUNTY OF.......................................................} BEFORE ME,the undersigned,a Notary Public, ........................................................................-......................._........in and for said County,Texas,on this day personally appeared --------------------------_-_---------------......................................_......-...............................................---............................................................................ ......................................................................................................................................`-----------------------------............................................................ known to me to be the person...._.whose name............................subscribed to the foregoing instrument,and acknowledged to me that.:.he___executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE,This........................day...................................................A. D. 19........ --------------------------••----------..--------------------•----------•-------------------------•-•------------ (L.S.) •.....................:.................._._......---•----...._....---..................._................... JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF.......................................................I IBEFORE ME,the undersigned,a Notary Public, . ......................................................................::................................... in and for said County,Texas,on this day personally appeared ........................................................................._...............................and..................................--------------------••---•----------••----------------------------------.... his wife,both known to me to be the persons whose names are subscribed to the foregoing instrument,and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and-the said---__ ......-.....--••---•----......--.................................. ,wife of the said.............................................................................. having been _- examined by me privily and apart from her husband,and having the same fully explained to her,she,the said........... ..... ...... ....................acknowledged such instrument to be her act and deed,and she declared that ��� willingly sigue,04e�saxne.ft the purposes and consideration therein expressed, and that she did not wish to R a! \ -� .. GIVEN UNDER MY FIAND ibiD SEAL 6112FFIC�,Thus. , :--•• dAY:••.•Y. ,-_..�. ,..y. A D 19.:..''. ----------------_...__.....---------.......---•----.._...----------••-••-------...----.............---_.... (L.S.) ............................................................. .................................--------- WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF.....................................................} BEFORE ME,the undersigned,a Notary Public, ....__..__.._.............................................._........._.-._.._.._...._.—_........._.I in and for said County,Texas,on this day personally appeared -..................-------------------------------.................................................I wife.of.............................----••-------•--................------...------..............--------------- known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband,and having the same fully explained to her,she,the said.................................................... ---.......................................................... .......------------.-------------.....................acknowledged such instrument to be her act and deed,and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This........................day-------------------------------------------------..,A.D. 19-------- ----------------•-........:-•------...._..---------------------•--------..........._._......................... (L.S.) -----------------------------------------•-•-----------•---•-------------------------- CLERK'S CERTIFICATE THE STATE OF TEXAS, h.............._..........._.•----...........•----_._......••-------..........---------------. County COUNTY OF....................................................... ✓ Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the _____________________day of................................................................A.D. 19...........with its Certificate of Authentication,was filed for record in my office on the--------------------day of-..........-............_-.......................A.D.19...........at..............o'clock_._..-------.M.,and duly recorded this....................day of-----......---------•-•---------...--------._...........................__A.D.19...........at................o'clock..--------------M.,in the ----•------------------------••---------------------------••-------....--------.................----Records of said County,in Volume------...............on pages........------......... WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County,at office in____________________________ .........................................................._.............................the day and year last above written. ............................................ County Clerk..............._....._._..._...........................County, Texas. (L.S.) By..........................................._...._....................................... Deputy. m .� 3 F �p r p i PERMANENT SIDE WALK EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS. COUNTY OF LUBBOCK j THAT, Ralph A. Heibner and wife, Velma G. Hetbaer, Houston H. Boyd, and Cleo H. Wilkerson, individWly and as independent executrix of the estate of J. G. Wilkerson, deceased, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS cash to them in hand paid by the City of Lubbock, the receipt of which is hereby acknowledged and confessed and the benefits accruing and to accrue to the balance of the property title to which is in said persons, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL and CONVEY to the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, a Permanent Side Walk Easement under, along, over, upon. and across the following described ten (10) foot tract of land lying and being situated in Lubbock County, Texas, and more particularly described as follows; The South ten (10) feet of Lot 8, Block 17. Suburban Homes Addition to the City of Lubbock, Lubbock County, Texas. The execution of this easement by the grantors herein, his successors and assigns and the acceptance of the City of Lubbock*hail never be construed as affectingthe ownership of the above-described tract of land and shall not affect in any manner any paving liens or other public improvements liens or any liens of whatever nature held at this time or to be held in the future by the City of Lub- bock, its successors or assigns. TO HAVE AND TO HOLD. the above-described permanent perpetual side walk easement to the City of Lubbock, its successors and assigns forever. together with the rights and privileges at any and all times and seasons to eater upon said pre- mises, or any part thereof for the purpose of constructing, reconstructing or maintaining a side walk thereon. Grantors herein specifically covenantazrd agreed that neither they nor their successors or assigns will build any buildings or structures of a. similar nature over the herein granted permanent side walk easement. WITNESS OUR HANDS this day of . 1960. LP KE I ON--- THE STATE OF TEXAS ( COUNTY OF LUBBOCK BEFORE ME, the undersigned authority. a Notary Public. in and for said County, Texas, on this day personally appeared RALPH A. HEIBNER and VELMA G. HEIBNER, his wife, both known to me to bete persons whose names are su - scribed to the foregoing instrument. and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said VELMA G. HEIBNER. wife of the said RALPH A. HEIBNER, having been examined by me pr�i`viv ly and apart from her husband, and having the same fully explained to her. she, the said VELMA G. HEIBNER, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and con- sideration therein expressed. and that she did not wish to retract: GIVEN UNDER MY HAND AND SEAL OF OFFICE. this day of 1960. (SEAL) u�1c,Iq ary _ uTyt-k—Mn'ty, 'Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority. a Notary Public, in and for said County, 'Texas, on this day personally appeared HOUSTON H. BOYD, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me thbt he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1960. (SEAL) I3o ry u6l Lubboc County,Yexas THE STATE OF TEXAS CGUNTY OF LUBBOCK BEFORE ME. the undersigned authority, a Notary Public, in and for said County. Texas, on this day personally appeared CLEO H. WILKERSON, Individually and as Executrix of the Estate of J. G. Wilkerson, Deceased, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1960. (SEAL) VoGFy$u6yic'';Lub ock-County.Te-lrs UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK THAT We, Ralph A. Helbner and wife, Velma G. Heibner, Houston H. Boyd. and Cleo H. Wilkerson, individually and as independent executrix of the estate of 1. G. Wilkerson, Deceased, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS, and the special benefits accruing and to accrue to the remainder of our property, and other good and special consideration paid by the City of Lubbock, the receipt of which is herebyU acknowledged and con- fessed, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY, to the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County. Texas, for the use of the City of Lubbock and all public utilities who are franchised by the City of Lubbock to use the streets and alleys of the City of Lubbock, and includes, but is not limited to the Southwestern Public Service Com- pany. Pioneer Natural Gas Company, Southwestern Bell Telephone Company, and any other public utilities whether named herein or not who may in the future be grautdd a franchise or who may be authorized by the City of Lubbock to use the streets and alleys of the City of Lubbock, a perpetual and permanent easement and passage way which includes, but is not limited to the right to construct, reconstruct, repair and perpetaully maintain any and all types of water lines, sewer lines, gas lines, telephone and telegraph lines and;poles, electric transmission lines and poles, and any other type of public utility equipment, whether named herein or not, whether now constructed on the premises herein conveyed or to be constructed in the future. together with the rights of ingress, egress, and regress at any and all times and seasons for any and all purposes, with the free ingress, egress, and regress for such as in. on, under, above, through and across all of that property lying and being sitnatdd in the City of Lubbock, in Lubbock County, Texas, and being further described as follows, BEGINNING at the Northwest corner of Lot 8. Block 17. Suburban Homes Addition to the City of Lubbock. Lubbock County, Texas; THENCE South 20.0 feet to a point, said point being the beginning of a curve to the left. having a radius of 15.0 feet and an are length of 23.56 feet; THENCE around said curve to the left an arc length distance of 23.56 feet; THENCE East along the South line of Lot 8, a distance of 127.50 feet to a point; THENCE South 10.0 feet to a point, ;said point being the Southeast corner of Tract 17, Suburban Homes Addition; THENCE West 127.5 feet parallel to the South line of Lot S. to a point, said point being the beginning of a curve to the right having a radius of 15.0 feet and an are length of 23.56 feet; THENCE around said curve to the right an arc length of 23.56 feet to a point in the West line of Lot 8; THENCE North along the West line of Lot 8, a distance of 30.0 feet to the point and PLACE OF BEGINNING. TO HAVE AND TO HOLD the above described premises together with all and singular, the rights and appurtenances in anywise belonging perpetually to the City of Lubbock and any and all public utilities who are now or hereafter franchised or authorized by the City of Lubbock to use the City streets and alleys, together with the rights and privileges at any and all time to enter said premises or any part thereof for the purposes and uses herein ;stated. WITNESS OUR HANDS this day of . 1960. M THE,STATE.OF TEXAS COUNTY OF LUBBOCK BEFORE ME,- the undersigned +authority. a Notary Public. in and for.said County. Texas. on this,day geroonally.appeared RALPH A. ;HEIBNER.and VELMA Ci, HEYI3NER, hie wife, both;known:to me.to bete persons w ose names area= .scribed o the foreSbing instrumant,, and acknowledged to me that the yeach.executed the:seme for the purposes and consideration therein oeexpressed, and the`irald VELMA G...HEIBNER, wife of the said RALPH A. HEIDNER, having been examined by me privily anti apart from her husGM, and Mving the same fully explained to her,' , she. the said VELMA G, HEIBNER acknowledged such Instrument to be her fact and•.deedl and she:dcc acre thata s Ire'�ad'wilangty signed the game for the•purposes and con& sid+eratioa.therein expressed; and that ithe.did not wish to.retract. GIVEN:UNDZR.MY HhNV AND SEAL OF OFFICE this day of 1960, (6EAL) THE STATE OF TEXAS . r-- COUNTY OF.LUBBOCII . BEFORE.ME, the undersigned authority. a Notary Public, in and for said ,County. Texas, on this ;day personally appeared HOUSTON H. BOYD known to me to be the person whose name is subscribed to lGe'Jorego n lMnmeut, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND.AND SEAL OF OFFICE, this day of . 1960. (SEAL) . . Notary PuElic, LuEbock C3unty. Texas THE STATE OF TEXAS :( COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public, in and for,said County. Texas, on this day personally appeared CLEO H. WILKERSON, Individually and as Executrix of the Estate of J. G. Wilkerson, ecease , known to me to be the person whose name 1s subscribed to the:fvregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND SEAL OF OFFICE, this day of 1960. (SEAL) toi'ary$ulslt'c;'�'uT�ocTc`t�ounty, e�sa�