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HomeMy WebLinkAboutResolution - 032769C - Right Of Way Easement - Highway Department - SW 1_4 Or Section 1 Block D4 - 03_27_1969K J:EW RESOLUTION 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 i constitute and be a part of this Resolution as if fully copied herein in detail. APPROVED: red O. Senter, Jr., City, I_ Texas Highway Department v . Form D-15-15 page 1 of 4. Rev. 10-61 3� STATE OF TEXAS COUNTY OF LUBBOCK 'KN0W ALL IM4 BY THESE PRESENTS: That City of Lubbock RIGHT OF WAY EASEMENT Parcel 11 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 sum .of ONE AND N0/100 ($1. 00) DOL"ZS 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: 0.515 acres of land being out of the Southwest quarter (SW/4) of Section 1, Block D-4, Lubbock County, Texas, said tract of land being conveyed to the City of Lubbock by 0. C. Horne,and wife Bessie, by deed dated February 20, 1969, and recorded in Volume 119 Page 487, of the Lubbock County Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at a point in the South Line of said Section 1, Block D-4, said point being 40.00 feet Easterly from the Southwest corner of said section; THENCE North 0° 21' West parallel to and 40.00 feet East of the West Line of said section a distance of 2246.26 feet more or less, to a point, said point being 653.00 feet West and 28.00 feet South 0° 21' East from the Southeast corner of Block A, Wedgewood Additio to the City of Lubbock, Lubbock County, Texas; THENCE East 10.00 feet to a point; THENCE South 0° 21' East, parallel to and 50.00 feet East of the West line of said section a distance of.2246.26•feet, more or less, to a point in the South line of said section; THENCE Westerly along the South line of said section, a distance of 10.00 feet to the POINT OF BEGINNING. Forma D-15-15 Page-2 of 4 11ev. 10- G1 y 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 improver ents presently existing upon the. above described property; SAVE AND E.NCEPT, HOWEVER, 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 that 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 t State 11i^Iiway System of Te;:as. " . , Fora D-15-15 4 Page 3 of 4 i Rev. 10-61 TO RAVE AlTD TO 11OLD said easement together with all and singular the rights, Privileges, and appurtenances thereto in any manner belonging unto the said State of Texas forever. IN WITNESS W[1PR1,:OF, Grantors have caused this instrinient to be executed on this 217 day of MAR C'TTV OF T ,TTRRr)rT< W.D. ROGERS, JR. , MAYOR 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 t6 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 the day of 19 Notary Public in and forCounty, Texas. WIFE'S , SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, County of Before me, . _.___ _ __ .M_.___ _ , 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 Notary Public in and for ._._ County, Texas.