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Home My WebLink AboutResolution - 052864J - Temporary Working Easement - Paynes & Walls - Sewer Line, Sec 9 Block J-S - 05_28_1964 M)�T:kks cragluq RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: r THAT the Mayor of the City of Lubbock he and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Temporary Working Easement for a Sanitary Sewer Line attached herewith and described in the attached conveyance and map which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall const1tute and be a part of this resolution as if fully copied herein in detail. Passed by the City Council this 28th day of May , 1964. Mayor ATTEST: ity tlorMy Lavenia Lowe,-•Cit ,Sdcretary-7teasurer Asst Ci Attorney A'TEMPORARY WORKING EASEMENT FOR —� A SANITARY SEWER LINE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK $ a THAT AMERAL PAYNE. and wife, RUBY PAYNE and MARY FRANCES WALL and husband, fit`R. WALL being the sole ow uars'of certain hereinafter described land in Lubbock County, Texas, for and in consideration of the sum of ONE AND N0/100($1,00)DOLLARS to them cash In hand paid by the City of Lubbock,` a Home Ru e'Municipality located In Lubbock-County, Texas, the receipt of which is hereby acknowledged and confessed do hereby,give+and grant to the City of Lubbock a temporary working easement for the construction of a sanitary setter trunk line upon property adjacent to the,property herein described, and this tem- porary easement shall'autoiaetically and in all respects'expire-and revert`to the grantors herein and their Heirs and assigns`without further writing or action sixty(66)days after such line'li completely installed-and covered up,'such tem- porary working easement being described as follows; A strip of land 25.0 feet in width out of the Southeast 1/4 of Section 9, Block 3-S"and being on the West and North sides of," adjacent and parallel to the right of way lines of Loop 289 and State Highway 116. Said 25 foot strip of lend begins at the point of intersection of the West right of'way line of said-Loop 289 with the North line of the Southeast 114 of said Section 9, Block J-S and extends Southwesterly and Westerly along the right of way lines of said Loop 2a9 Land State Highway 116 to the intersection of the North right of way line of said Highway 116 with the West line of the Southeast 1/4 of said Section 9, Block J-S. Said description being more particularly located by the RED-colored portion of the attached map which is hereby made a part of this easement. It is understood and agreed and this easement is executed upon the,condition that the grantee herein obligates itself and agrees that after the construction, mainten ante or repair of such sanitary sewer trunk line such premises will be restored to substantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair and all rock larger then 1 inch in diameter displaced by excavation shall be removed from the top 18 inches of the soil, with- out cost to grantors.: their heirs 'and assigns: It is further understood and agreed thatthis 'easement is executed upont.the condition that the grantee herein obl� gates itself and agrees to reimburse the grantors in the amount of money equal,to the value of the destroyed-or pernmanently damaged crops growing on the herein described property, or for the temporary loss of the use of the herein described property for the purpose of growing crops,' which loss of crops or lass of the use of said land Erise out of and are Incident to the use of this easement for the purposes herein.stated.. TO HAVE AND TO HOLD all and singular the above described uses#` rights and easements together.with full right of ingress, egressi and regress for any and all purposes necessary for the construction, reconstruction and-maintenance, of the sewer line imppi3vement herein contemplated unto the City of Lubbock, its legal reprosiniathres and assigns to their proper use sn8'behh1f,,' This easement shall be bidding upon the heirs and assigns of the grantors herein. WITNESS OUR HANDS this (o day of 196a. AMER PAYN RUBY PP- NE�� T A1�1j Z RY F AI+TC WA L H. F. WALL —� CITY OF LUBBOCK BY:— MAYOR ATTEST: , Lavenio Lowe,City Secretary-Treasurer— — 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 AMERAL PAYNE and RUBY PAYNE his wife, both known to me to be the persons whose names are sub- 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 RUBY PAYNE. wife of the said AMERAL PAYNE, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said RUBY PAYNE acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the pur- poses and consideration therein expressed, and that she did not wish to retract it.. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_Zday of.� 1964. (SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS $ COUNTY OF LUBBOCK $ BEFORE ME, the undersigned authority, I&Notary Public in and for said county, Texas, on this day personally appeared H.F. WALL and.NARY FRANCES WALL his wife, both known to me to be the:°persons whose names are subseribed to the fore- going instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Mary Frances Well, wife of the said E.F. Wall, having been examined by me privily and apart from her husban and having the dame fully explained to her, she, the said Mary Frances Wall: acknow- leged 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 di not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Co day of.-May . 19 (Seal) -----__ -- Notary Pudd1 c, Lub ock County, Texas J.X 1ULIAN, Notary public 1n end for the County of Lubbock J w i, 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 , 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, end in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of i964. (SEAL) Notary Public, Lubbock County, Texas'�