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HomeMy WebLinkAboutOrdinance - 768-1946 - Panhandle And Sante Fe Railway Co Granting Rights Of Use. - 03/28/1946c ,. -• I . 0'3-2.8 -191-Hp ORDINANCE NO. 768 C>'+-OS-\ 9 J.tU? BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOOK: Section 1. That the South Plains and Santa Fe Railway Campa~, a corporation, and its lessee, the Panhandle and Santa Fe Railway Compaey, a corporation, and their successors and assigns, here called Railroads, be and they are hereby given the right, power and privilege of locating, building, erecting, constructing and main- taining one industrial switching lead track upon, across and over Avenues n~n, ttRn, "S", "T 11 , nu•, nvn, "W" and "X" at a location approximately sixty (60) feet North of the alley running thro~h Blocks No. thirty-three (3.3) ~ thirty•four (.34), sixty- three (6.3)( sixty-four (64), one hundred twenty-tour (124J, one hundred thirty .. three (lJJJ and the projection easter~ of the North line of said alley through Blocks No. one hundred six (106) and one hundred seven (l<n), all in "Overton Addi- tion" to the Town of Lubbock, and crossing Avenue 1tptt at 4th Street, and the right -to operate its equipment on its track, built or to be built by Railroads, subject to all provisions of this ordinance. l ' Section 2. That Railroads are hereby required and by the acceptance of, or acting upon aqy right or provision of this ordinance agree that Railroads will conw struct, maintain and operate ita track as an industrial switching lead track, so as to in all things conform to the grade of said streets now or hereafter established by the City of Lubbock, and in such a manner as to interfere as little as possible with the use and enjoyment, ingress and egress of the abutting premises by the owners and other lawful oocupante thereof, will p~ the cost of paving the space occupied by said track, and for ~wo (2) feet on each side thereof, if and when said streets are paved, and will maintain and operate said track in accordance with the laws of the State of Texas and lawful ordinances and resolutions of the City of Lubbock, and in all things conforming to the provisions of this ordinance. Section J. That Railroads by the acceptance of, or acting upon a~ provision of this ordinance, agree that the track or spur contemplated in Sections 1 and 2 constitutes an extension of an industrial switching lead track or spur crossing 4th Street at or near Avenue 11P11 and that the extension to be constructed will leave Track Number Eleven (11) in such manner that no more than one track shall arose 4th Street and/or other streets designated in Section 1. That portion of Track Number 11 extending West from the East line of Avenue "4" will be taken up at the earliest practicable time, and in a~ event before March 28, 1947. , Section 4• This ordinance ~hall take effect and be in foroe from and after its passage. Passed and approved first reading this 28th day of March, 1946, by unanimous vote of the Commission. Passed and approved second reading this 1 '5th day of April, 1946, by unanimous vote of the Commission. Attest& City Secretar,r " v.-. • i • ' Cop~ ---· 0 ... THE STATE OF TEXAS ~ . . COUNTY OF LUBBOCK ~ QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That The City of Lubbock, a municipal corporation of Lubbock County, State of Texas, for and in consideration of the st~ of ONE AND N0/100 DOLLARS ($1.00) and other good and valuable considerations, to it in hand paid by South Plains and Santa Fe Railway Company, a private corporation organized under the laws of the State of Texas and having its principal office in the City of Lubbock, ~ubbock County, State of Texas, the receipt of which is hereby acknowledged, does by these presents, bargain, sell, release and forever quitclaim unto the said South Plains and Santa Fe Railway Company its successors and assigns, all its right, title and interest in and to those certain tracts or parcels of land situate in the City of Lubbock, Lubbock County, and State of Texas, described as follows, to-wit: All those certain strips, tracts or parcels of land, located, lying and being in Survey Two {2), Block 0, T. W. N. G. R. R. Co., Certificate 0/516, Patented to W. :M. Lay on January 6, 1896, by Patent 224, Volume 15, in the City of Lubbock, Lubbock County, Texas, and more particularly described as follows: A strip of land in Block One {1), Ratliff Addition to the City of Lubbock, Lubbock County, Texas, described as follows: beginning at a point in the west line of Avenue 11 P 11 , distant thirty-two and forty-four hundredths (32.44) feet north of the Quit -Claim Deed from Santa Fe to City copied in Minutes. I 0 . .. ' . . " ) - northeast corner of Lot one (1), Block Two (2), Rat- liff Addition; thence south, along the west line of Avenue "P", a distance of twelve and forty-four hundredths (12.44) feet to a point in the north line of a twenty (20) foot alley; thence west, along the north line of said alley, paralleling the north line of said Block Two (2), a distance of six hundred (600) feet, more or less, to the east line of Avenue 11 Q.11 ; thence north, along the east line of Avenue 11 .Q 11 , a distance of thirteen and eight tenths (13.8) feet; thence east a distance of six hundred (600) feet, more or less, to the point of be g inning . Also a strip of land in the east half (E!) of Block one hundred six (106), Overton Add ition to the City of Lubbock, Lubbock County, Texas, described as follows: beginning at a point in the west line of Avenue 11 Q11 , distant twenty-two and three huhdredths (22.03) feet north of the north- east corner of Lot four (4), Block one hundred six (106); thence south, along the west line of Avenue "Q", a distance of twenty-two and three hundredths ( 22.03) feet to the northeast corner of s a id Lot four (4}; thence west, along the north line of s8id Lot four (4), a d i stunce of one hundred forty- seven and five tenths (147.5} feet, more or less, to the east line of the alley in said block one hundred six (106); thence north, along the east line of said alley, a distance of twenty-two and thil-·ty-six hundredth~ (22.36) feet; thence east a distance of one hundred forty- seven and five tenths (147.5) feet, more or less , to the point of beginning . Also a strip of land in the west half (Wi) of Block one hundred six (106}, Overton Add ition to the City of Lubbock, Lubb ock County, Texa s, described as follows: beginning at a point in the e a st line of Avenue "TI", distant twenty-two and seventy-four hundredths (22.74) feet north of the northwest corner of Lot thirteen (13), Block one hundred six (106); thence south, al-on(.; the east line of Avenue 11 R11 , a distance of twenty-two and seventy-four hundredths (22.74) feet to the northwest corner of said Lot thirteen (13); thence east, alone the north line of said Lot Thirteen (13}, a distance of one hundred forty-seven and five tenths (147.5) feet, more or . . . . •I . e less, to the west line of the alley in said Block one hundred six (106); thence north, along the west line of said alley, a distance of twenty-two and forty-one hundredths (22.41) feet; thence ·west a distance of one hundred forty-s~ven and five tenths . (147.5} feet, more or less, to the point of begin- ning. Also a strip of land in the east half (Ei } of Block one hundred seven (107), Overton Addition to the City of Lubbock, Lubbock County, Texas, described as follows: beginning at a point in the west line of Avenue 11 Ru, distant twenty-two and eighty-five ,hun- dredths (22.85) feet north of the northeast corner of Lot four (4), Block one hundred seven (107);. thence south, a.1ong the west line of Avenue 11 R11 , a distance of twenty-two and eighty-five hu~dredths {22.85) feet to the northeast corner of said Lot four (4); thence west, along the north line of said-Lot four ('4), a distance of one hundred forty-seven and five tenths ~ {147.5} feet, more or less, to the east line of the alley in said Block one hundred seven (107); thence north, along the east line of said alley, a distance of twenty-three and eighteen hundredths (23.18) feet; thence east a distance of one hundred forty-seven and five t benths (147.5) feet, more or less, to the point of beginning. Also a strip of land in the west half {Wi ) of Block one hundred seven {107), Overton Addition to .the City of Lubbock, Lubbock County, Texas, described· as follows: beginning at a point in the east line of Avenue "S 11 , distant twenty-three ~nd fifty-seven hun- dredths (23.57) feet north of the northwest corner of Lot thirteen (13), Block one hundred seven (107); thence south, along the east line of Avenue 11 3 11 , a distance of twenty-three and fifty-seven hun- dredths (23.57) feet to the northwest corner of said Lot thirteen (13); thence east alone ~ the north line of said Lot thirteen (13), a distance of one hundred forty-seven and five tenths (147.5) feet, ·more or less, to the west line of the alley in said Block one hundred seven (107); thence north, along the west line of said alley, a distance of twenty-three and twenty-three hundredths (23.23) feet; thence west a distance of one hundred forty-seven and five tenths (147.5) feet, more or less, to the point of beginning. .. ) 0 Also a strip of land in Block thirty-three (33), Overton Addition to the City of Lubbock, Lubbock County, Texas, described as follows: beginning at a point in the west line of Avenue 11 S 11 , distant seventy-three and sixty-eight hun- dredths {73.68) feet north of the southeast corner of Lot one (1), Block thirty-three {33); thence south, along the· west line of Avenue 11 S 11 , a · dis·tance of twenty-three and sixty-eight hun- dredths (23.68) feet to a point fifty (50) fe e t north of the southeast corner of said Lot one (1); thence west, parallel with the north line of Fifth Street, a distance of six hundred (600) feet, more or less, to a point in the east line of Avenue 11 T11 ; thence north, along the east line of Avenue 11 T11 , a distance of twenty-five and four hundredths (25.04) feet; thence east a distance of six hundred (600) feet,·more or less, to the point of beginning. Also a strip of land in Block thirty-four (34}, Overton Addition to the City of Lubbock, Lubbock County, Texas, described as follows: beginning at a point in the west line of Avenue 11 T 11 , distant seventy-five and fifteen hundredths (75.15) feet north of the southeast corner of Lot one (1), Block thirty-four (34); thence south, along the west line of Avenue 11 T 11 , a distance of twenty-five and fifteen hundredths (25.15) feet, to a point fifty (50) feet north of the south- east corner of said Lot one (1); thence west, parallel with the north line of Fifth street, a dista~ce of six hundred (600) feet, more or less, to a point in the east line of Avenue 11 U11 ; thence north, alone; the east line of Avenue nu 11 , a dis-· tance of twenty-six and fifty-one hundredths (26.51) feet; thence east a distance of six hundred (600} feet, more or less, to the point of beginning~ Also a strip of land in Block sixty-three {63), Overton Addition to the City of Lubbock, Lubbock County, Texas, described as follows: beginning at a point in the west line of Avenue 11 U11 , distant forty-six and sixty-two hundredths (46.62), feet north of the northeast corner of Lot twenty-four (24), Block sixty-three (63); thence south, along the west line of Avenue 11 U11 , a distance of twe.n ty- six and sixty-two hundredths (26.62) feet to a point twenty (20) feet north of the northeast cor- ner of said Lot trwenty-four (24}; thence west , par- allel with the north line of Fifth street, a distance of· one hundred· .fifty (150) feet, more or less, to the southeast corner of Lot four (4}, Block sixty-three . . . . Q 0 (63); thence north, along the east line of said Lot four (4), a distance of twenty-six and ninety-six gundredths (26.96) feet; thence east a distance of one hundred 1fifty (150) feet, more or less, to the point of beginning. Also a strip of land in Block sixty-three (63), Overton Addition to the City of Lubbock, Lubbock County, Texas, described as follows: beginning at a point in the east line of Avenue 11 V11 , distant seventy-seven and ninety-eight hundredths (77.98) feet north of the southwest corner of Lot twelve (12), Block sixty'-three ( 63); thence south, along the east line of Avenue 11 V11 , a distance of twenty-seven and ninety-eight hundredths (27.98) feet, to a point fifty (50) feet north of tpe southwest corner of said Lot twelve {12); thence east, parallel with the north line of Fifth Street, a distance of four hun- dred fifty (450) feet, more or less, tot he east line of Lot four (4), Block sixty-three (63}; thence north, along the extended east line of said Lot four (4}, a distance of twenty-six and ninety-six hundredths (26.96) feet; thence west a distance of four hundred fifty (450) f ee t, more or less, to th~ point of be g inning. Also a strip of land in Block sixty-four (64}, Overton Addition to the Cj_ty of Lubbock, Lubbock County, Texas, described as follows: ber.;inning at a point in the west line of Avenue 11 V11 , distant seventy-eight and one tenth (78.1) feet northof the southeast corner of Lot one {1), Block sixty- four (64}; thence south, along the west line of Avanue 11 V11 , a distance of twenty-eight and one tenth (28.1) feet, to a point fift y (50) feet north of the southeast corner of said Lot one (1); thence west , parallel with the north line of Fifth Stree t, a distance of six hundred (600) feet, more or less, to a point in the east line of Avenue 11W11 ; thence north, along the east line of Avenue 11 W11 , a distance of twentynine and forty-six hundredths (29.46) feet; thence east a distance of six hundred (600) feet, more or less; to the point of beginning. Also a strip of land in Block one hundred twenty-four (124), Overton Addition to the City of Lubbock, Lubbock County, Texas, described as follows: beginning at a point in the west line of Avenue 11W11 , distant seventy-nine and fifty-seven hundredths 0 • G (_ • 0 I (79.57) feet north of the southeast corner of Lot one (1), Block one hundred twenty-four (124); thence south, along the west li.ne of AVenue "Wtt, a distance of twenty-nine and fifty-seven hundredths {29.57} feet, to a point fifty (50) feet north of the south- east corner of said Lot one {1); thence west, parallel with the north line of Fifth Street, a distance of six hundred (600) feet, mor~ or less, to a point in the east line of Avenue 11 X11 '; thence north, along the east line of Avenue 11 X11 , a distance of thirty and Ninety three hundredths (30.93) feet; thence east a distance of six hundr•ed (600)feet, more or less, to the point of beginning. Also a strip of land in Block one hundred thirty-three (133), Overton Addition to the City of Lubbock, Lubbock County, Texas, described as follows: beginning at a point in the west line of Avenue nxn, dist-ant eighty-one and :four hundredths (81.04) feet north of the southeast corner of Lot one ( 1), Block one hundred thirty-three· ( 133); thence south along the west line of Avenue nxn, a distance of thirty-one and ·:rour hundredths (31.04) feet, to a point fifty (50) feet north of the sou~h­ east corner of said Lot one (1); thence west, parallel with the north line of Fifth Street, a distance of six hundred (600) fee~, more or less, to a point in the east line of College Avenue; thence north along the east line of College Avenue, a distance of thirty-two and four tenths (32.4) feet; thence east a distance of six hundred (600) feet,.more or less, to the point of beginning. . . The foregoing described strips, tracts or p arcels of land have a combined area of two a n d eie hty-one hundredths (2.81) acre~, more or less. Q c < ... • • WITNESS the name of said Wlile City of Lubbock , Texas, hereunto set by its Mayor, and the attestation of its Secretary, with the impress of its corporate seli, on this the 28th day of March , A. D. 1946 . (Seal) ATTEST: Lavenia Williams City Secretary THE CITY OF LUBBOCK BY O. W. Ribble Its Mayor THE STATE OF TEXAS ~ . . COUNTY OF LUBBOCK ~ Before me, Maurine McCullough, a Notary Public in and for said County and State , on this day personally appaared 0 . w. Ribble , Mayor of the City of Lubbock , Texas , lmo,•m to me to be the persons whose name r· is subscribed to the foree;oing instru.rnent , and acknowledged to me that he executed the same for the purposes and consideration and in the capacity therein expressed , and as the act and deed of said The City of Lubbock , Texas . GIVEN under my hand and seal of office , this 28 day of March, A. D. 1946 . (Seal) Maurine r:cGullough Notary Public in and for Lubbock County , Texas . , . -... , . . )I , RESOLUTION Motion was made by Commissioner Childress, seconded by Commissioner Dickey, that the Mayor be in- structed to sign, on behalf of the City of Lubbock, Texas, Quitclaim Deed to the South Plains and Santa Fe Railway Company, covering twelve (12) tracts or parcels of land located, lying and situated in Survey 2, Block 0, T.W.N.G.R.R.Co., Lubboclc County, Texas , and being a part of Block 1, Ratliff Addition and part of Blocks 106, 107, 33, 63, 64, 124 and 133 Overton Addition to the City of Lubbock, and that a copy of said deed be recorded in the Minutes. Motion carried. THE S'fATE OF TEXAS ~ COUNTY OF LUB BOCK ~ CITY OF LU BB OCK § I, Lavenia Williams, City Secretary, do hereby certify that the above and foregoing is a full, true and correct copy of the MJnutes of the meeting of the City Commission of March 28, 1946, insofar as the same per- tains to the execution of a Quitcl~im Deed to the South Plains and Santa F1e Railway Company. Given under my .hand and ~eal of ·office, this the 28 day of.March A. D. 1946. (Seal) Lavenia Williams C.ity Secretary .. .. CITY OF' LUBBOCK . MEMORANDUM, INTER C~~ICE DATE ~·.SUBJECT: /}~ ft Lf !~t- .1 TO : )~ -"-~ ... t. ~ ) ~ • 1 v HE S'!Aft 0 .. HUB } OOl.lft'! OP LUBBOOI: ~ flat Sou~ Pla1u aa4 Saa'ta I'• Railwar CupUI' (t••l:'l¥ Groabytoa-aou:thpld.u • J "' "he lan ot •u state ot tf.xae, an4 haTing ita pr1D.01pa.l. ottJ:oe 1D. the Cl~¥ ot l.ultbook. X.ubl'Jook C:OUil~J', Sta~e of . 'hXU• tor an4 1a ooaa14era~1oA ot the eua ot ~ ·~ R/1~ ])OJ.t.ARS {fl.OO) aa4 other &804 an4 nlu.dl• oonal&ua\lou, '/ ~o 1' 1A haa4 pa14 by 't'he 01 t7 ot Lul».,ook • a .mlolpal ooz.t-. . pora•lou ot Lubl)ook CotiJRT, ••~• et ~exaa, the reotlp~ ot ' . . ~oJl 1a here~y aoJmowl-'&e4, lou 'IJ7 then p.._.._, ~-. . gala, .. u. releaae aD4 t-or8Yw qu1 tolalll uato the aal4 The . . ·O:lty ot I.Uitllook., a--. er ~..-.. 1t• nooeaaers a.-t ue1gna, all ita r.lsJa.'• tt•l• u4 la'l-..• 1a fUl4 to ttha\. oena1a lot, uao~ e JUMl or 18114 ·al tuaw 1n ~ Cl'ty of Lubboolt, . . Lu~'Doet toua:,,., eal atat.e ot lfezaa, ctnor1be4 •• ·rou..,., to-wi~: AU 'ha.' oer.taln strip, trao\ or ·p~l or le.n4 lt1118 · uA e1 tua'• 1n hrYeT 4fwo ( 2)., BlObk o, tt ·.w .".o. ll.Jl. 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