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Home My WebLink AboutResolution - 020961M - Agreement- E.N. Haass & F.N. Warren- 19Th St Widening, L17 B1 Ellwood Place Add - 02_09_1961 TWF do-._ - RESOLUTION BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City an agreement by and be- tween said City and Elmer N. Haass and Fred N. Warren, with respect to the widening of 19th Street in the vicinity of Lot 17, Block 1, Ellwood Plade Addition to the City of Lubbock, Lubbock County, Texas. A copy of said agreement shall be spread upon the minutes of this City Commission, and as spread upon the minutes of this City Commission is hereby made a part of this Resolution for all purposes. Passed by the City Commission this 9th day of February 1961. DAVIDD C. CASEY� Mayor ------ ATTE �Q Ee Lav nia Lowe, ity Secretary-Treasurer r ofv ;':;0 T AowpM°d' Asst gty Atlorney, ny a,Jot a •■ D n to suer, THE STATE OF TEXAS, HNOW ALL MEN BY TE[ESE PRESENTS: i COUNTY OF LUBBOCK That we, Fred N. Warren and rate$ Gets Warren of the County of Lubbock. State of Terms ,for and in consideration of the sum of ONE AND NO1100($1.00) DOLLARS, to them in hand paid by the City of Lubbock, a Municipal Corporation have Granted,Sold and Conveyed,and by these presents do Grant,Sell and Convey unto the said City of Lubbe>ck of the County of Lubbock 6tate:of Te ms .:- ,all that certain BEGINNING at a point in the lest line +at Lot 17, Block 1, Ellwood Place Addition, said gout being 42.?2 feet South and 95 feet East of, the Northwest corner of Section 4, block be Said point being&tea 12,T2 fact South of the Northwest:corner of Bald Lot 17, Block 1, .Ellwood Place Additions THENCE South 10 feed THENCE East $0,0 teats THENCE North 10.0 facts THENCE West 80.0 feat to the POINT OF BEGINNING TO HAVE ANII_TO HOLD the above described premises,together with all and singular,the rights and appurtenances thereto in anywise belonging unto the said Fred N. Warren and wife tretla Vioiren. their heirs and'assigns forever.and ' `do hereby bind thesa selvae, their heirs,ai fora and-administrators,.to Warrant and Forever Defend all and singular.the said premises unto the said ;City of Lubbock, a Municipal Corporation, Us successors 114A and assigns;against every person whomsoever.lawfully claiming,or to claim the same or any part thereof. Witness out hands at Lubbock, Te=S this day of, G , ,A.D.1961 Witnesses at Request of Grantor: L J � r ZETA WA.RRE SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF------------------;- -:: . } BEFORE ME,the undersigned authority, in and for said County,Texas,on this day personally appeared___________________ - ..........................................................................----...,....................................................._......... -__................._.....................................•---------- --------------------------------------- ............................--------.......................................................:.............................................................. ....._._ known to me to be the person._:,.:..whose name----................subscribed to the foregoing nntrument,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...............-....................A.D.19............ (L.S.) - ----- ---•-••........:......_..------..._._._.._...................-----------.-..........-...... --- Notary Public,.... -------------------------------------County,Texas My Commission Expires June 1, 19-_-_-__-- JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME,the undersigned authority, COUNTY OF. •--•---:....-•-- in and for said County,Texas,on this day personally appeared............................................................... --------------- - :::.-....and..........S'iaft-wez itn.---------•-------..................................._...... 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... .............. -----------------_-__... 9 tl gi'><Q>s..............................wife of the said--......F1-.0&k4,__W0ZT.68 1.------_------------------having been examined by me privily and apart from her husband,and having the same fully explained to her,she,the said................... 00ts.-Wawa,.................:..:......._-...'.._--.....:---:-...... 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, .day f 'A.D.19 6I...-. .........:....•------ ---•..._...._..------- LubboaEt Notary Public,-----------------_---__. ...................-----._County,Texas My Commission Expires,June 1,19.101_-_- WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE STATE OF TEXAS, BEFORE ME,the undersigned authority, COUNTY OF------------------•--....................... in and for said County,Texas,on this day personally appeared.................................................................................................... - hose wife of---•-----•-------------------------------------•--------•-----------------------...---....--- -- known to me to be the person w 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..............:..........._----. ............................. ----•-----------.....•-------__--.-............................-...acknowled ed 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,Thie .................:.....day of.......... I....................A.D. 19-1-_------- (L.S.) Notary Public,...........-_._-___...-_________________________________County,Texas My Commission Expires June 1,19............ CLERK'S CERTIFICATE THE STATE OF TEXAS, •----- ---------------------•-•---•--•----•-- - ---- ---- County 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. By........................................................................................... Deputy. A ~ c w O A. W i N C.,y m 0 ! PPPCCC p, ' d b ci i F O U r ba s d c i q b19 m 5� i P i T mo AGREEMENT THE STATE OF TEXAS j COUNTY OF LUBBOCK j This agreement entered into this 9t1i day of February 19610 by and between Elmer N. Hasa$. Lessee of certain hereinafter er des- cribed property, herein called "Party of the First Part"; Fred N. Warren, not joined herein by his wife by reason of the fact that the property herein concerned is not occupied or claimed as homestead, herein called "Party of the Second Part"; and the City of Lubbock, a homerule municipality lo- cated in Lubbock, Lubbock County. Texas. herein tailed "Party of the Third Part"; said parties do hereby contract and agree as follows: Party of the First Part to Looses and Party of the Second Part is Lessor of property described as Lot Seventeen, Block One, Ellwood Place Addition to the City of Lubbock, Lubbock. County, Texas. Party of Second Part has conveyed to Party of the Third Part a portion of said Lot by deed. In consideration of the conetruction of certain street. curb, and gutter improvements by Party of the Third Part and/or the State of Texas which will be a valuable benefit and improvement to adjoining lands owned by Party of the Second part and leased by Party of the First Part, Party of the First Part does hereby release and relinquish unto Party of the Second Part, Party of the Third part. and the State of Texas all right. title and interest of party of First Part as to his lease insofar as said Lease covers the following described property: BEGINNING at a point in the West line of Lot 17, Block 1. Ellwood Place Addition. said point being 42.72 feet South and.9$ feet Just of the Northwest corner of Section 9, Block 8, said point being also 12.72 feet South of the Northwest corner of said Lot 17, Block 1, Ellwood Place AdItion; THENCE South 10 feet; THENCE East 50.0 feeti THENCE North 10.0 fact, THENCE West 60.0 feet to the POINT OF BEGINNING. said property is located in the City of Lubbock, Lubbock County, Texas. Said lease, except as affected by this instrument. shall remain in full force and effect. Party of the First Part hereby waives any claim for damages, direct or consequential, in any manner growing out of the construction of certain street, curb. and gutter improvements as contemplated by this agreement, which may or might be asserted against Party of the Second Part and Farty of the Third Part and,A",�he:Btbim of Texas. Party of the First Part hereby agrees to Indemnify and save harmless Party of the Second Part, Party of the Third Part and the State of Teams of and from any causes of action. clatras, judgments, and expenses of whatsoever kind or nature in any manner growing out of the making of this agreement or the construction of street improvements, and gutter improvements as herainabove described. Such street improvements, and curb and gutter Improvements, are made necessary by the widening of 19th Street in the City of Lubbock. Lubbock County, Texas, and will be a benefit to the'ad- joining land as above-described. This agreement is executed thi day of 6� 1961. N �lLA�121, 1 DER N. S CITY OF LUBBOCK A D C. GASLY1 Mayolp ATTEST: Lavinia Lowe. ity Secrdtary- eaeuzir (SEAL) THE STATE OF TEXAS COUNTY OF LUBBOCK [ BEFORE ME, the undersigned authority, a Ndary Public in and for Lubbock County. Texas, on this day personally appeared ELMER N. HAASS, known to me to be the person whose name is subscribed to the foregoing instru- ment, 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 ll day of � �C 1961. 3c 7 (SEAL) _r;3` ublic, Lubbock C unty,Texas THE STATE OF TEXAS [ COUNTY OF LUBBOCK ) BEFORE ME. the undersigned authority, a Notary Public in and for Lubbock County, Texaet on this day personally appeared FRED N. WARREN. known to me to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged tome that be executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1961. t A. MAYNARD, N A2Y PUBIIG (SEAL) Crit�� Mote '� ablic, Lubbock C ty. Texas 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:na.me is subscribed to the foregoing in- strument 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 consi- deration therein,expressed. and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1961. (SEAL) Rotary Public,Lubbock Gountp. Texas 1, 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 a Mayor to execute an agrCement betweo-n said City and Elm,-r Haass and Fred N. Warren. with respect to the widening of 19th street in the vicinity of Lot 17. Block 1. Ellwood Place Addition to the City of Lnhhnck_ Lubbock County, Texas. I i Passed by the City Commission on the 9th day of Fehrnar;z 1961 and of record in Mnute Book 20�Tage 12 records of the City Commission of the City of Lubbock, Texas THIS 15th DAY OF Fehrnary 191,E Lavenia Lowe, City Secretary-Treasurer City of Lubbock, Texas