The URL can be used to link to this page

Home My WebLink AboutResolution - 012661A - Quit Claim Deed - Vickerses - Storm Sewer Easement Retained, Sec 27 Block A - 01_26_1961 JPB Idc RESOLUTION WHEREAS by instrument dated March 17, 1942, and recorded in Vol. 266, Page 37, Deed Records of Lubbock County, Texas, J. E. Vickers and wife, Elizabeth J. Vickers, ,conveyed to the City of Lubbock the right and privilege of laying a storm sewer or sewers across Section 27, Block A, Lubbock County, f � Texas; WHEREAS, the storm sewer line contemplated by said easement has now been constructed across a definitely describable portion of said Section 27, Block alp... ,. A; and, '�24ll; fsc WHEREAS the City Commission of the City of Lubbock has been requested f 1,it . by J. E. Vickers and wife, Elizabeth J. Vickers,, to re-convey to them by quit - 2 claim deed those portions of the land originally burdened by such easement which axle not actually necessary to the maintenance,, construction, re-construction or repair of the storm sewer line constructed under said easement; and, WHEREAS the City Commissionof the City of Lubbock has determined that such excess easement should-he re-conveyed to the owners of the fee so burdened; and that such reconveyance would be the public interest, and that the right, title and privileges to be re-conveyed are no longer needed for storm sewer line pur- po'es; 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 authorized and directed for and on behalf of the City of Lubbock to execute and cause the delivery -- of the attached quit claim deed with easement retained, said deed as attached being incorporated herein by reference for all purposes, conveying to J. E. Vickers and wife, Elizabeth J. Vickers all title, right and privileges owned by sthe City of Lubbock by virtue of that storm sewer easement more particu- larly described in the preamble hereof excepting from such conveyance such title, right and privileges held by the City of Lubbock under said easement as pe4tains to a strip of land 20 feet in width lying across and under Section 27, Block A, Lubbock County, Texas, said strip of land being more particularly described as follows, to-wit: Being a strip of land lying ten feet (101) on each side of the following described centerline: BEGINNING at a point 512 North of the Southeast corner of Section 27,, Block Ax Lubbock County, Texas; THENCE on a bearing of North 67042' West for a distance of 2,200 feet to the point of consummation of an existing 36 inch diameter concrete storm sewer line. Passed by the Commission this 26th day of January 1961. DA/fV)ID . 9—SEYx May — A� T* FCrm APpLow , CiYy Secretary-Treasurer �''Y =v QUIT CLAIM DEED WITH EASEMENT RETAINED THE STATE OF TEXAS [ COUNTY Of LUBBOCK. [ WHEREAS by instrument dated March 17, 1942, and recorded in Vol. Z66. Page 37. Deed Records of Lubbock County, Texas, J. E. Vickers and wife, Elisabeth Jr. Vickers, conveyed to the City of Lubbock the right and privilege of laying a storm sewer or @aware across Section Z7, Block A, Lubbock County, Texas; and, WHEREAS, the storm sewer line contemplated by said easement has now been constructed across a definitely describable portion of said Section Z7, Block A; and, V4'HEREAS, the City Commission of the City of Lubbock has been re- quested by J. E. Vickers and wife, Elizabeth J•. Vickers, to re-convey to then- by quit claim deed those portions of the land originally burdened by such easement which are not actually necessary to the ma.intananca, con- struction, re-construction or repair of the storm sewer line constructed under said easement; and, WHEREASI the City Commission of the City of Lubbock has deter- mined that such excess easement should be re-conveyed to the owners of the fee so burdened; and that such reconvoyance would be the public interest and that the right, title and privileges to be re-conveyed are no longer needed for storm sewer line purposes; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County. Texas. for and in consideration of the premises, and the sum. of OUL AND NO/100 ($1.00) DOLLARS, to it cash in hand paid by J. E. Vickers and wife. Elisabeth J. Vickers, both of Lubbock County. Texas, and other good and valuable consideration, the receipt and suffi- ciency of all of which is hereby acknowledged, do, by these presents. BARGAIN, SELL, RELEASE, and FOREVER. QUIT CLAIM unto the said J. E. Vickers and wife. Elizabeth J. Vickers, all its right, title and in- terest in and to Section 27. Block A. Lubbock County. Texas, that are owned by it under that certain right-of-way easement dated March 17, 194Z, and recorded in Volume 260, Page 37, Deed Records of Lubbock County.' Texas. in which J. E. Vickers and wife. Elizabeth J. Vickers were grantors. and the City of Lubbock were grantees. EXCEPT. HOWEVER, the City of Lubbock here expressly retains from the grant of the property hereinabove described, an_underground storm sewer easement across and under that property herein conveyed, retaining all right, title and interest received by the terms and conditions of said easement as above described, to a strip of land twenty (Z01) feet in width across and under that part of Section 27, Block A, Lubbock County. Texas, the description of said easement as retained being more particularly described as follows, to-wit: Being a strip of land lying ten(101) feet on each side of the following, described centeriinet BEGINNING at a point 512 feet North of the Southeast corner of Section Z7, Block A. Lubbock County, Texas; THENCE on a bearing of North 67042' West for a distance of ZZ00 feet to the point of consummation of an existing thirty-six(36") inch diameter concrete storm sewer line. TO HAVE AND TO HOLD the said premises, except as specifically retained herein, together with all and singular the rights. privileges and appurtenances thereto in any spanner belonging unto the said J. E. Vickers and wife, Elizabeth J. Vickers,' their heirs and assigns, forever, so that neither the City of Lubbock, not its successors, nor any person or persons claiming under it shall, at shy time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS the hand of the City of Lubbock. this 2¢th day of 4I n =.y 1961. CITY OF LUBBOCK By: — C3AYID�.-4�`ASr:'Y. b2ayor - ATTESTt lava oia LLavoie,city secretary-Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK [ BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas. on this day personally appeared DAVID C. CASEY, 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 wt and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consi- deration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of� _ 1961. (SEAL) _ F�otaryabiic, Lubbock C'�ounty,�lexae I, Lavenia Lowe, City Secretary-Treasurer, City of Lubbock, Texas hereby certify that the above and foregoing is a true and correct copy of a Resolution �.... authorizing the Mayor to exeate a quit claim deed with easement retained, to J. E. Vickers and wife, Elizabeth J. Vickers; pertaining to a strip of land 20 feet in width across and under Section 27, Block A. Lubbock County, Texas Passed by the City Commission on the 26th day of January, 1961 and of record in Minute Book 19, page 569 records of the City Commission of the City of Lubbock, Texas THIS lst DAY OF February 19 61 Lavenia Lowe, City Secretary-Treasurer City of Lubbock, Texas