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Home My WebLink AboutResolution - 032769B - Right Of Way Easement - Highway Department - SE 1_4 Of Section 2 Block D4 - 03_27_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 RIGHT OF WAY EASEMENT 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 27th day ATTEST: Lavefiia Lowe, Cifecretary-Treasurer APPROVED: Fred O. Senter, Jr. , Cit torney - Texas Highway Department Fo,,n D-15-15 Page l of 4 ' Rev. 10-61 RIGHT OF WAY EASEMENT STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL M BY THESE PRESENTS: That City'of Lubbock Parcel 12 F.M. 1264 Lubbock County Control 1867-1 of the County of Lubbock , State of Texas, hereinafter referred to as Grantors,,whether one or more, for and in consideration of the sun -of ONE AND N01100 ($1. 00) DOLLARS to Grantors in hand paid by the State of Texas, acting by and through the State Highway Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, do by these presents grant, bargain, sell and convey unto the State of Texas, an ease- ment for highway purposes of laying out, opening, constructing, operating, maintaining -and reconstructing a highway facility thereon, together with necessary incidentals and appurtenances thereto, in, along, upon and across the following described prop- erty in the County of Lubbock , State of Texas, and being more particularly described as follows, to wit: 0.270 Acres of land out of the Southeast Quarter (SE/4) of Section 2, Block D-4, Lubbock County, Texas, and being two tracts of land as conveyed to the City of Lubbock by 0. A. Webb, and wifetIda Ruth Webb, by Deed dated February 28, 1969, recorded in Volume 1194, Page 471, of the Lubbock County Deed Records being more particularly described by metes and bounds as follows: Part-1• BEGINNING at a point which is South 0° 21' East 3128.60 feet and North 89° 55' West 40.00 feet from the Northeast corner of,said Section 2, Block D-4; ;THENCE North 0° 21 West, parallel to,and 40.00 feet West of the East line of said Section 2, a distance of 425.00 feet, more or less, to a point in the North line of .the Southeast Quarter (SE/4) of said section; THENCE West along said North line of the Southeast Quarter (SE/4) of said section, a distance of 10.00 feet to a point; - THENCE South 00 21' East, parallel to,and 50.00 feet West of the East line of 'said Section 2, a distance of 425,Ft.',more or less, to a point, said point being North 0° 21' West 20.00 feet and South 89° 55' East 10.00 feet from the Northeast corner of Lot 14, Crest Hill Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 89° 55' East a distance of 10.00 feet to the POINT OF BEGINNING and'CONTAINING 0.098 acres. Form D-15-15 Page 2 of 4 *Rev. 10-61 Pprt 2• _ _ BEGINNING st.e point,in the South line of said Section 2, Block-D-4, said point;,,,',..; being 40.00 feet Westerly from the Southeast corner of -said section; THENCE North 0° 21' West perellel to and 40'.00- feet West. of the East line of -said f section, a distance of 750.00 feet, -more or less, to a point, said point being 20.00 feet South 0° 21' East and 2040 feet South.89° 55' East from the Southeast corner of Lot,71, Crest Hill Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 890 55' West a distance of 10,00 feet to a point; THENCE.South 021' East, parallel to.and 50.00 feet of the East. line of said section a distance 750.00 feet, more or less, to a point in the South line of said section; THENCE Easterly, along the South line of said section, a distance of 10.00 'feet Ito the*POINT OF BEGINNING and CONTAINING 0.172 acres. And for the same consideration described above and upon the'same conditions, the Grantors have this day granted and conveyed, and by these presents do grant and convey unto the State of Texas any and all improvements presently existing upon the above described property; SAVE AND EXCEPT, 110WEVETIZ, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above described property, to wit: NONE Grantors covenant and agree to remove the above described improvements from said land by , 19 , subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. It is hereby understood and by the acceptance of this instrument it is recognized th,:t Grantors retain title to all of the oil, gas, sulphur and other mineral interests in and under said land, but waive any and all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection there- with are located at a point outside of the above described property, and upon the condition that none or such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of the State highway Department or create a hazard to the public users thereof; it being intended, however, that nothing herein shall affect the rights of the State to take and use without additional compensation any water, stone, earth, gravel, caliche, iron ore gravel or any other road building,-_ materials upon, in and under said land for the construction and maintenance of the Statc Ili-,,iiway System, of Te::as. t Form D-15-15 +� Page 3 of 4 Rev. 10-61 TO HAVE A11D TO 1IOLD said easement together with all and singular the rights, rrivileges, and appurtenances thereto in any manner belonging unto the said State of Texas forever. IN WITNESS i-IIIEREOF, Grantors have caused this instriment to be executed on this 27 day of MAR ,19„,. n SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS County of Before me, a notary public in and for said County and State, on this day personally appeared known to me (or proved to me on the oath of a credible witness) to be the person __ whose name subscribed to the foregoing instrument and acknowledged to me that —he__ executed the same for the purposes and consideration therein expressed. Given under my band and seal of office, this the ___ day of 19 Notary Public in and for -------- _------ _----- -______ _ _____ County, Texas. WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS. County of Before me, a notary public in and for said County and State, on this day personally appeared wife of known to me (or proved to me on the oath of a credible witness) to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she the said acknowledged such instrument to be her act and deed, and 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 the day of 19 _..._ Notary Public in and for ._....._ _... ...._ County, Texas.