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HomeMy WebLinkAboutResolution - 091467A - Right Of Way Agreement - Fred E. West - Quaker Avenue - 09_14_1967� b7 RFCnT .TTT7nT7 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 RIGHT-OF-WAY AGREEMENT attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes 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 14th day of September , 1967. APPROVED; Fred O. Senter, Jr., City A y THE STATE OF TEXAS COUNTY OF LUBBOCK j RIGHT-OF-WAY AGREEMENT THIS Agreement made this 14th day of Septembar 1967 between the City of Lubbock, a Home Rule Municipality, hereinafter called CITY and Fred E. West, hereinafter called GRANTOR, WITNESSETH Grantor and the City for and in consideration of the terms and covenants set forth below by these presents enter into an agreement, covering the property described on the attached Exhibit "A" and the attached Cut and Fill Map, as follows: 1. Grantor agrees to dedicate to the public for street purposes the areas of Quaker Avenue as shown as Tracts 1 and 9 of Exhibit "A". 2. Grantor agrees to convey without cost by Warranty Deed to the State of Texas, the areas of the new location of the Loop 289 intersection with Quaker Avenue as shown as Tracts 6 and 7 of Exhibit "A". 3. Grantor agrees to convey without cost a Warranty Deed to the City of Lubbock, the lake area shown as Tract 2 on Exhibit "A". 4. Grantor agrees to pay the paving assessment of $5, 312.44 for paving the West side of the part of Quaker Avenue on the North side of Loop 289. 5. The City agrees to fill the areas shown as Tracts 3 and 4 on Exhibit "A" so that such tracts will be at or above the established high water mark of the lake area with such fill to be at no cost to Grantor to the extent shown on the brown shaded area of the cut and fill map attached hereto. 6. The City agrees to fill that part of Tracts 1 and 6 as shown on Exhibit "A" and the attached cut and fill map, in the new right-of-way of Quaker Avenue and Loop 289 at no cost to Grantor. 7. In the event the City is successful in its attempts to obtain Tracts 5 and 8 on Exhibit "A" from the State of Texas, then and in such event, these tracts shall be conveyed by the City to the owners of the land adjacent to such tracts without cost to such adjacent owners subject, however, to the reserva- tion of drainage or other easements as may be required. In the event Tract 5 is conveyed to the adjacent owner and the owner desires to fill Tract 5 to the high water elevation, the City agrees to furnish the necessary fill from the adjoining lake area with the actual fill work to be made by the adjacent owner in accordance with 'an approved cut and fill plan with the provision that such fill is to be made within two (2) years of the date Tract 5 is conveyed to the adjacent owner. 8. The City agrees to pay all costs involved in the relocation of curbs, gutters, pavement and other relocations necessary for all changes to Loop 289 as such may be required by this street relocation. 9. The curb and gutter to be placed on Tract 1 shall be completed on or before December 31, 1967 provided, however, Grantor shall extend to the City an additional reasonable period of time in the event the completion is delayed by conditions not under the control of the City such as bad weather. 10. Grantor hereby grants the City permission to enter upon any of the property stated herein for the purpose of proceeding with the work agreed herein. in fill to high water mark, 11. All fill material used/shall be taken from the herein described pro- perty of Grantor at no cost to the City. 12. Grantor agrees to furnish satisfactory proof of title including either abstract or title policy as the City may require and upon furnishing such evidence of title, the conveyances herein agreed to shall be executed within thirty (30) days after submission of such instruments by the City to the Grantor. Executed this 14th day of September , 1967. ATTEST; Ilaveni.a Lowe, City -Secretary -Treasurer APPROVED; F ed O. Senter, Jr., City t ey IM THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared W. D. ROGERS, JR., 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1967. (SE AL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared FRED E,' WEST, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of day of 1967. S E:A)6 ) "' Notary Public, Lubbock Count Texas III Ilk REET J761 No Text