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HomeMy WebLinkAboutResolution - 052864O - Temporary Working Easement - Travis & Bess Tubbs - Sewer Line, Sec 9 Block J-S - 05_28_1964 BDA _ 154-4 �/q O CPO,, RESOLUTION ` BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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 Easement for a Sanitary Sewer Line, described in the attached conveyance and maps which shall be spread upon the minutes of the Council and as spread upon the minut 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 AT ES — lotto Approved r2��LG..iL_ Lavenia Lowe, City ecretary-Treasurer £ily Attorney TEMPORARY WORKING EASEMENT FOR A SANITARY SEWER LINE THE STATE OF TEXAS + KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK # THAT, TRAVIS TUBBS and wife, BESS TUBBS being the sole owners 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 Rule 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 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 grantors herein and their heirs and assigns without further writing or action sixty(60) days after such line is com- pletely installed and covered up; such temporary working easement being de- scribed as follows: A strip of land 26.0 feet in width out of the Northeast 1/4 of Section 9, Block J-S, Lubbock County, Texas and being on the Northwest side of, adjacent and parallel to the North- west right of way line of Loop 289. Said 25.0 foot strip of land begins at the point of intersection of the Northwest right of way line of :said Loop 289 with the South line of the Northeast 1/4 of said Section 9, Block J-S and extends Northeasterly to the intersection of the Northwest right of way line of said Loop 289 with the West right of way line of Frankford Avenue. Said description being more particularly located by the YELLOW 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 grantors, their 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 grantors 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 grantors herein. WITNESS OUR HANDS this 42 day of 1964. TRAVIS T. TUBBS BESS TUBBS CITY OF LUBBOCK 1� JACIN K$MONE% Mayor MAX TIDMORE ATTEST: � Lavenia Lowe, City Secretary-Treasurer THE STATE OF TEXAS 4 COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public, in and for said County, Texas, on this day personally appeared TRAVIS T. TUBBS and BESS TUBBS 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 BESS TUBBS, wife of the said TRAVIS T. TUBBS, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said BESS TUBBS 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. }' UNDER MY HAND AND SEAL OF OFFICE this _��day of � 1964. (SEAL) otaryPublic-, Lubbock County, Texas :J�S�PH P",C?AHAN THE STATE OF TEXAS f Rotary pub!" COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared JAM,MMRGNG,MAX TIDMORE known to me to be the person whose name is subscribed to the %bregoing 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