HomeMy WebLinkAboutResolution - 052864K - Temporary Working Easement - Olive Fluke - Sewer Line, Sec 4 Block E-2 - 05_28_1964 BDA.jlm
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
i10 THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Temporary Working
1 Easement for a Sanitary Sewer Line, described in the attached conveyance and ma
which shall be spread upon the minutes of the Council and as spread upon the minu s
of this Council shall constitute 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:' form A ova
C.
Lavenia Lowe, City Seer tary-T asurer nnor�er
i
i
TEMPORARY WORKING EASEMENT FOR
A SANITARY SEWER LINE
THE STATE OF TEXAS f
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK f
THAT, MRS, OLIVE FLUKE, not joined herein by husband for the
reason that the hereinafter described property is the separate property of
MRS. OLIVE FLUKE, being the sole owner of certain hereinafter described
land in Lubbock County, Texas, for and in consideration of the sum of ONE
AND NO/100 ($1.00) DOLLARS to her cash in hand paid by the City of Lubbock,
a Home Rule Municipality located in Lubbock County, Texas, the receipt of which
is hereby acknowledged and confessed to hereby give and grant to the City of
Lubbock a temporary working easement for the construction of a sanitary sewer
trunk line upon property adjacent to the property herein described, and this
temporary easement shall automatically and in all respects expire and revert
to the grantor herein and her heirs and assigns without further writing or
action sixty(60) days after such line is completely installed and covered up;
such temporary working easement being described as follows:
A parcel of land out of the Northwest 1/4 of Section 4, Block E-2,
Lubbock County, Texas, more fully described as follows:
A strip of land 25.0 feet in width lying adjacent and parallel to the
Northwest right of way line of Loop 289 in said Section 4, Block
E-2, said strip of land extending between two tracts of land con-
veyed by Mrs. Olive Fluke to Mavis Louise Fluke Miller, said
tracts of land being more fully described in the deeds recorded in
Volume 855, Page 119 and Volume 615, Page 677, Lubbock County
Deed Records.
Said description being more particularly located by the GREEN 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 con-
dition that the grantee herein obligates itself and agrees that after the construc-
tion, maintenance 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
than 1 inch in diameter displaced by excavation shall be removed from the top
18 inches of the soil, without cost to grantor, her heirs and assigns.
It is further understood and agreed that this easement is executed upon the
condition that the grantee herein obligates itself and agrees to reimburse the
grantor in the amount of money equal to the value of the destroyed or permanently
damaged crops growing on the herein described property which arise 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 the full right of ingress, egress, and regress for any
and all purposes necessary for the construction, reconstruction and maintenance
of the sewer line improvement herein contemplated unto the City of Lubbock its
legal representatives and assigns to their proper use and behalf. This easement
shall be binding upon the heirs and assigns of the grantor herein.
WITNESS OUR HANDS this 28th day of May 1964.
MRS, OLIVE FLUKE
CITY OF LUBBOCK
BY:
dX§�B �RKX.SONG, Mayor
MAX TIDMORE
ATTEST:
i
Lavenia Lo e, City Secretary-Treasurer
THE STATE OF TEXAS f
COUNTY OF LUBBOCK I
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared MRS. OLIVE FLUKE,
known to me to be the person whose name is subscribed to the foregoing in-
strument, and acknowledged to me that she executed the same for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1964.
(SEAL )
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS 1
COUNTY OF LUBBOCK I
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appearedVAXMEVfiTRONG,MAX TIDMORE
known to me to be the person whose name 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 con-
sideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1964.
(SEAL)
Notary Public, Lubbock County, Texas