HomeMy WebLinkAboutResolution - 021369H - Release - C.W. Honey - Sanitary Fill In Section 11 Block E2 - 02_13_1969RESOLUTION
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 Release in favor of
C. W. Honey, Floyd Honey and Glenys Honey, 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 13tb day of February , iW9.
W. D. ROGE R. , A ^ R
!ITT
a Lowe, Cit ecretary-Treasurer
)VED:
d O. Senter, Jr., City
THE STATE OF TEXAS �
COUNTY OF LUBBOCK i
RELEASE
KNOW ALL MEN BY THESE PRESENTS:
THAT, on the 9th day of January 1959, Baxter Honey, C. W. Honey, Floyd
Honey and Glenys Honey, as Lessors, did enter into a "Sanitary Fill Lease
Agreement" with the City of Lubbock as Lessee.
MIHEREAS, by the said Agreement, the City was given exclusive possession
and control for use as a sanitary fill the following described tract of land lying
and being situated in the County of Lubbock, State of Texas, to -wit;
BEGINNING at a point in the West line of Section 11,
Block E2, said point being 1. 126 feet North of the
Southwest corner of said Section 11, Block E2;
THENCE East 1, 150 feet to a point;
THENCE North 700 feet to a point;
THENCE West 300 feet to a point,
THENCE South 670 0' West a distance of 400 feet to a
point;
THENCE South 300 47' West a distance of 159. 8 feet
to a point;
THENCE South 360 feet to a points
THENCE West 400 feet to a point, said point being in
the West line of Said Section 11, Block EQ:
THENCE South 40 feet to the PLACE OF LEGINNINC; and
WHEREAS, the City has completed the sanitary fill by bringing the premises
to a level with the surrounding area in the manner specified by the said Agreement;
and
WHEREAS, the City, as of even date herewith, has removed all its property
and equipment from the premises; and
WHEREAS, the undersigned as Owners -Lessors have inspected the premises
and have found from their inspection that the City has fully and faithfully performed
upon all terms and conditions of the said Agreement; and
V k
WHEREAS, all parties are now desirous of formalizing the completion and
termination of said Agreement;
NOW THEREFORE, ALL PREMISES CONSIDERED,
In consideration of the faithful performance of the Lease Agreement by the
City of Lubbock, the undersigned as Owners -Lessors of the above described
property and the City of Lubbock declare the said Lease Agreement completed and
terminated as of even date herewith. The City of Lubbock relinquishes possession
and control of the said property to the Owners -Lessors and releases unto them
any and all right, title or interest whatsoever in the above described premises,
it has or may have bad by virtue of said Agreement or by its possession of the
premises.
The undersigned Owners -Lessors release and forever discharge the City of
Lubbock from any and all claims which they h3v6 or may have against the City
arising from its performance of said Agreement, and the undersigned Owners -
Lessors shall hold the City blameless by reason of any change in the condition
of the premises after this date.
This release is binding upon all parties hereto, their heirs, assigns and
successors, and legal representatives.
WITNESS the execution of this instrument in Lubbock, Texas this 7th day
of January , 1968.
ATT Ts �
l .�
Lfi.venin Lowe, leity Secretary -Treasurer
APPRO D;
Fred O. Senter, Jr., City orney
C. W. HONEY
y'LQY0 RG,NEY
G1MKS HONEY
THE STATE OF TEXAS t
COUNTY OF LUBBOCK f
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
1968,
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 C. W. HONEY, 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 consideration
therein expressed.
GIVEN UNDER MY RAND AND SEAL OF OFFICE this day of
, 1968.
Notary Public, Lubbock County, Texas
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 FLOYD HONEY, 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 consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
-- - 1968.
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS f
COUNTY OF LUBBOCK !
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared GLENYS HONEY, a feme sole,
known to me to be the person whose name is subscribed to the foregoing instru-
ment, and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 1968.
Notary Public, Lubbock County, Texas