HomeMy WebLinkAboutResolution - 2570 - Contract - Clovis Haymes & Gordon Hastings - Drainage Easement, Sec 3 Block S - 05_14_1987Resolution # 2570
May 14, 1987
Agenda Item #20
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BE IT RESOLVED BY THE CITY COONCM 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
contract for the purchase of a Drainage Easement from Clovis E. Baymes
and Gordon Hastings, 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 May , 1987.
B. C. McMINN, MAYOR
ATTEST:
Boyd, City
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Ed Bucy, Right -Way Agent
FLU VOA/Di bmilk's'•ja j 73a
flarold Willard, Assistant City
Attorney
DRAINAGE EASEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT WE, CLOVIS E. HAYMES and TOMMY G. HERRING, herein
called "GRANTORS", for and in consideration of the sum of TEN AND
N0/100 DOLLARS ($10.00) to GRANTORS in hand paid by the CITY OF
LUBBOCK, a Home Rule Municipal Corporation of Lubbock County,
Texas, the receipt and sufficiency of which is hereby acknowl-
edged and confessed, and for the further good and valuable con-
sideration in benefits accruing and to accrue to the remainder of
GRANTORS' property, have by these presents GRANTED, BARGAINED,
SOLD and CONVEYED and by these presents do GRANT, BARGAIN, SELL
and CONVEY unto the CITY OF LUBBOCK, its legal representatives,
successors and assigns, for the use of the public as a perpetual
and permanent drainage easement, the free and uninterrupted use,
liberty of passage in, on, along, over, upon, under and across
all that property lying and being situated in Lubbock County,
Texas, and being more particularly described as follows, to -wit:
BEGINNING at a point which bears West, a distance of 1090.28
feet and North a distance of 2640.00 feet from the Southwest
corner of Section 3, Block S, Lubbock County, Texas;
THENCE N. 89017125" E. a distance of 650.00 feet to a point;
THENCE S. 00002105" E. a distance of 30.00 feet to a point;
THENCE S. 89017125" W. a distance of 650.00 feet to a point;
THENCE N. 00002105" W. a distance of 30.00 feet to the POINT
OF BEGINNING.
CONTAINS: 19,500 square feet
or 0.448 acres
SO LONG AS the public continues to use said property for the
purposes herein stated, said easement includes, but is not lim-
ited to, the free and uninterrupted use, liberty and privilege of
passage in, along, over, across, under, upon and against the
above described land for the purpose of constructing, recon-
structing, maintaining, repairing, cleaning and clearing said
premises for the free and unobstructed drainage of surface wa-
ters; together with the right of ingress, egress and regress for
such purposes in, on, along, through and across all the property
above described.
It is hereby covenanted and agreed that the CITY OF LUBBOCK
retains and reserves the right to set and determine the drainage
grade and direction of flow of surface waters on the real estate
above described, and buildings or like permanent structures shall
not be erected, built or constructed or allowed to be erected,
built or constructed in, upon, over, along, or across the real
estate above described, and if such erection, building or con-
struction does occur in violation of this prohibition, the CITY
OF LUBBOCK shall have the right to remove said building or struc-
ture from the aforesaid real estate.
TO HAVE AND TO HOLD the above described premises together
with all and singularly the rights and appurtenances thereto in
anywise belonging perpetually unto the CITY OF LUBBOCK, its suc-
cessors and assigns, for so long as the public uses the same for
the purposes herein granted.
I-
CLOVIS E. HAYMES
TOMMY G. HERRING
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally
appeared CLOVIS E. HAYMES, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and considera-
tion therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 1987.
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally
appeared TOMMY G. HERRING, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and considera-
tion therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 1987.
Notary Public, Lubbock County, Texas
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