HomeMy WebLinkAboutResolution - 021369F - Contract Agreement - O.C. Horne - North University - 02_13_1969BE 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 Contract
and Agreement with O. C. Horne and wife regarding North University right
of way, 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. A
Passed by the City Council this 13th day off\ February / / , 1969.
K! M XQ istI! i7 j
ATTEST:
Lavenib. Lowe, City Secretary -Treasurer
APPROVED:
Fred O. Senter, Jr, , C#Sr Mtarney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This agreement between the City of Lubbock, a Home Rule Municipal
Corporation in Lubbock County, Texas, and O. C. Horne and wife, Bessie Lee
Horne, of Lubbock County, Texas;
1. THAT in consideration of the benefits accruing to both the City
of Lubbock and O. C. Horne and wife, Bessie Lee Horne, arising out of the
dedication for public use of certain real property described in a Dedication
Deed from O. C. Horne and wife, Bessie Lee Horne, to the public for public
use forever, subject to certain conditions set out in such Dedication Deed; a
copy of said Dedication Deed be incorporated by reference herein and made a
part of this agreement for all purposes, the City of Lubbock and O. C. Horne
and wife, Bessie Lee Horne, do hereby agree, in connection with such Dedi-
cation, as follows;
A. It is understood and agreed that the City of Lubbock has
purchased the underground irrigation pipe which is within
the dedicated property for $3, 652. 20. In the event O. C.
Horne desires to remove the pipe or any part thereof and
keep it for his own use, he may do so within 30 days from
date of payment for pipe and such removal shall be at his
own expense.
B. It is understood and agreed that the well house which extends
partially onto the dedicated property may remain in place as
it now exists. However, if, at a later date, the well stated
above and the property it is on is taken for right of way, the
City of Lubbock will pay for the drilling, casing and pump
installation on a new well on O. C. Horne Is property if the
well taken for right of way is still in use at the time of such
taking.
C. The trees located on the dedicated property shall be removed
by the City of Lubbock and hauled to Lake Site 68 on,the
property of O. C. Horne, but are not to be planted.
D. This dedication is subject to any and all utility easements on
record in the office of the County Clerk of Lubbock County,
APPROVED;
i
4aredOlSenter, Jr , ity Attorney A
O. C. HORNE
BESSIE LEE HORNE
THE STATE OF TEXAS 1
COUNTY OF LUBBOCK I
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared W. D. ROGERS, JR. , known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of the CITY OF
LUBBOCK and as MAYOR, for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this can day of
Quasz� 1969.
Notary Public, Lubbock County;, eacas""�
THE STATE OF TEXAS 1
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and {pr 5a`i$' -
County, Texas, on this day personally appeared O. C. HORNE and BESSIE LEE
HORNE, his wife, both known to me to be the persons whose names are subscribed
to the foregoing instrument and acknowledged to me that they executed the same for
the purposes and consideration therein expressed, and the said BESSIE LEE HORNE
wife of the said O. C. HORNE, having been examined by me privily and apart from
her husband, and having the same fully explained to her, she, the said BESSIE LEE
HORNE acknowledged 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 did not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of
p,ZY 1969.
Notary Public, Lubbock County, Texas