HomeMy WebLinkAboutResolution - 4428 - Access Easement-Midway Development Company Inc-60 Ft Section 32 Block A County - 03_24_1994Resolution No. 4428
March 24, 1994
Item. #15
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 an Access Easement, attached hereto, 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 24th day of March , 1994.
ATTEST:
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etty 1 i. Johnso , City Secretary
APPROVED AS TO CONTENT:
Ed -Duey, Right-of-W Agent
APPROVED AS TO FORM:
Harold
Assistant City Attorney
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March 11, 1994
Resolution No. 4428
March 24, 1994
Item #15
ACCESS EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, Texas a Home Rule Municipal Corporation, herein
called GRANTOR, for and in consideration of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable consideration to GRANTOR in band paid by MIDWAY DEVELOPMENT
COMPANY, INC., herein called GRANTEE, the receipt and sufficiency of which are hereby
acknowledged and confessed, has GRANTED, BARGAINED, SOLD and CONVEYED, and by
these presents does GRANT, BARGAIN, SELL and CONVEY unto GRANTEE, its successors
and assigns, an access easement upon, over, through and across a certain tract of land referred to
herein as the "Easement Tract," which is more particularly described as follows, to wit:
A 60 foot access easement out of Section 32, Block A, Lubbock County, Texas, and being
more particularly described as follows:
BEGINNING at a'/2" rod set for the Northeast corner of this tract, whence the Northeast
corner of Section 32, Block A, Lubbock County, Texas bears North, 1419.93 feet and
East, 4694.87 feet;
THENCE South 00 06' 45" West, at 148.00 feet pass a'/s" rod set for the Northwest
corner of a 1.96 acre tract, continuing along the West line of said 1.96 acre tract for a
total distance of 555.00 feet to a'h" rod set for the Southwest comer of said 1.96 acre
tract and the Southeast corner of this tract;
THENCE North 89' 53' 15" West, 60.00 feet to a'/V rod set for the most Southerly
Southwest corner of this tract;
THENCE North 00 06' 45" East, 495.00 feet to a'/2" rod set for an interior corner of this
tract;
THENCE North 99' 53' 15" West, 265.44 feet to a'/2" rod set in the East Right -of -Way
of Interstate Highway 27, for the most Westerly Southwest comer of this tract;
THENCE North 0° 00' 23" East, along the East Right -of -Way of said Interstate IEghway
27, 60.00 feet to a'h" rod set for the Northwest corner of this tract;
THENCE South 89° 53' 15" East, 325.55 feet to the point of beginning.
CONTAINING 1.13 acres of land.
Bearings are based on the centerline of runway 17-35 being North 0° 06' 45" East.
This instrument conveys an easement to GRANTEE, to be used for access purposes only,
and fee title to the Easement Tract is reserved by GRANTOR, its successors and assigns, subject
to such easement.
GRANTOR agrees that it will not construct any buildings or other structures within or
upon the Easement Tract. GRANTOR, at its own expense, shall maintain and repair the
Easement Tract.
To have to hold the easement and rights herein conveyed, together with all and singular
the rights and appurtenances thereto in any wise belonging unto GRANTEE, its successors, legal
representatives and assigns forever; and GRANTOR binds itself and its successors, legal
representatives and assigns to warrant and forever defend all and singular such easement and
rights unto GRANTEE, its successors, legal representatives and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
The easement and rights granted herein shall run with ownership of the property, shall be
binding upon GRANTOR, its successors, legal representatives, assigns and all other persons now
owning or hereafter acquiring any interest in the Easement Tract, and shall inure to the benefit of
GRANTEE, its successors, legal representatives and assigns and their respective tenants, lessees,
agents, contractors, employees and invitees.
EXECUTED the 24th day of M rch �— 4
R TON, NUOR
ATTEST:
Betty, � K s:,,L
. J hnson, City Secretary
APPROVED AS TO CONTENT:
LL 0 , —
Ed Bucy, Right-of-Wa agent
APPROVED AS TO FORM:
Harold Willard, , Assistant City
Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public for said State, on this day
personally appeared DAVID R LANGSTON, MAYOR, 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 and in the capacity therein stated as the
act and deed of the CITY OF LUBBOCK.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
March ,1994
Notary Public in and for
the State of Texas
LARI BETH WALKER
Nohry Pubk Sb to Of Teas
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