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HomeMy WebLinkAboutOrdinance - 2024-O0141 - Zone Case 3487, DLC Designs, LLC For Children's Home Of Lubbock - 11/05/2024First Reading Item No. 6.4 October 22, 2024 ORDINANCE NO. 2024-00141 Second Reading Item No. 6.18 November 5, 2024 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3487; A ZONING CHANGE FROM SF-2 TO RE ZONING DISTRICT AT 4602 IDALOU ROAD, LOCATED NORTH OF EAST ERSKINE STREET AND EAST OF IDALOU ROAD, ON 170.98 ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION 25, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND, PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and, after due consideration, the City Council found that due to changed conditions, it would be expedient and in the interest of the public health, safety and general welfare to make those proposed changes in zoning; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied with, including giving notices in compliance with Section 39.07.007 of the Unified Development Code, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and notice was duly published in the Lubbock Avalanche - Journal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice, was held in the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3487 SECTION 1. THAT Ordinance No. 2023-00054 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 39.07.032 of the Unified Development Code of the City of Lubbock from SF-2 to RE zoning district at 4602 Idalou Road, located north of East Erskine Street and east of Idalou Road, on 170.98 acres of unplatted land out of Block A, Section 25, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 39.09.004 of the Unified Development Code of the City of Lubbock. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on Passed by the City Council on second reading on ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Sager, Director Vf Planning APPROVED AS TO FORM: October 22, 2024 November 5, 2024 "WMCIB3RAR, MAYOR a'i� elli Leisure, Senior Assistant City Attorney v w/ei tyatt/Ke l l i/Zo n e Casc/ZC 3 4 87 October 3, 2024 Zone Case No. 3487 Page - 2 No Text T,O. tees Um - -- ..•v. • vassals:n Abu—. Tray Taada MovpmhPY l i, $] The undersigned mllfy and rommoo, Ilse, sA Ell'"" as of the date of Sat rum by so. they arc 'be legal o.rlers of, end hnrbr warrant trtk In, I. the wopwtwnf Ill ou, below• all the oil wabced from tM TPXland-P�ctor 8 Srhum chew/T P and C, J 4lelch lasted in the Coumy of---L11f2bock Lea,e, . stale of Texas . and deutiDrd r fdlpry tersL' SE/4 NE/4 Sec. 25, Blk. A, John H. Gibson Survey, Lubbock County, Texas, from the surface to a depth of 5175 feet. OCl04 198� Vevl futility .atirn police, rnu a r awhorlred IO purchau aI IherchMrl and '-- -----=--- wI rhnrfor. .. fallwrs; OWNER NO. CREDITTO NLT RE+'T.111E IITi:RLTT Family Service Agency, Inc. .06250000 RI I. CHI run hneuadtr shall he,— your prevent upon d<h,erY therrof into'" tan/., pipelrae, ar slier Saone Id, u(rild,ng 1. the do nun of mtnnl sho.n lalr•,e a1 In, pner Mn fame dr Z"`rd by Yaw, and shall be Nid for by You monthly. "rep, z, Anrnu tin t posted or paid hs you .,.bell., al loch deh.erY, ward• Parnnosro loch nil shall ire maJ<on ar befru: the kph day of flit month su ierd,nt yue6 puKAun.1•armea,ma)bemadesn ntr ar nmshn.nal+nempre•au err Aa.•a,l,.,y a.•ur shc,k l;rcrr•..: sera aau+to o! :h, odors. :euµnnlyd Io rnrne same as nnwn a6oae. htw+ded. bownn. Isar al your ewion rtu Nymrnt. shall hr made lY an o. her until nhe ,um do,, n a„pnnt of meow ,nrrr<u cull a+nOYnl la llofn y. Q,lanlaio shall N cnmpwed from rqulafl) —mt,d lank lahlo or by mho rduble methods of compul,on, (the olio r1 lu har<Ihe iumirte of eitnnsing the garret knu. and amrtttrun snail tr nude for ftmperalure and impurnin a,curdrng to rM Mnad+erg wanne and ,he rules and rqui,,wn, wesaibed by the Commisdon me other Igal aohiuny of me Swale where e" Purcha•c, heeundrr are Z. You may reawrc Inc a.hera to aml or Steam an%.nmerthadabk al at the arpui nMnte, blrofc Rctptarue hereunder vi'm a. TR<arnen uaxrally serer to document. In be sing of &myyour hand,antr m o h day ip. and that their M bound by lM toms hereof Owm tnmfernng mlern,,. wPlr•ned 1p muhN mpyaf deed, ay of m y c , aI month d 7:00I'. sluff ben, goof hand. D„he TNA day of the month In which Ine eramfe, booms crt__. II bHng undnaruud rho nan,kn of w,rrev, tee ch —,, unit u stir In day of anY eurrenl month u 7:ap o'c1ocY A.M. 1. Sa1is4[tory aDurxs of slier ndenet of title will be futalahed to You, at ley lime on demand. In Ill' -ern of a pilule 1e so furnish such evide ee of 1n1t, or ,n she nmt or a claim a to nsy, wh+cA in loud opinion, nonsuch, lair to any imnrn hereunder, you may Add, rnMm msernt and wilhom any IuMhsY. s6c prlsceedaof all l„I rtcrned by you herrundn until mdnnnn) um/anwy so you the been fwnuhed or until meth claim of mot rayersY her been utlkd toyou mosfulwn. In the n,m any anion or wh n filed m any covet aflmmg the mar eithererso Ihr real p,open r.host desnrb<d m so the oil plaluced Ihnehom m rAich any of the owrurs sic wn:n. yrrnren notice of be f I+ng of told antan or sun Mall Dr imrnedum4 furnished to you by meth so Ih aaahv .hum soh acorn bc wit is commenced, vaunt the soon in which umr n filed and,he dsk of such action m suss. Earn owner apes sty hold you hmoalru and to want and itdtmmtr you andlm any easier van,lanmg al Ir,r your said slid Item, yume,t tie Co' my betarnpmterhich youaad/ameth maim may winowsuuain or becomeliadefoe by reason of yourpuchau hereunder of old o.ncr'n,nitycn, a,aM.t ut out,m mead od and nc� payment ther<forro ta,d awns rgardlns of how the same may uiu and irMnJmt, but nor limited to, the followiha: Any Judgment rendered in an m%son ar wh affacbnt the title w other the meal wopeny aMr' deuribed ac IM oil Sgoduced Ihglefrom; all rmwrnaDle cons en nptn,es incurred m defending in aucA act men or wit year position or ther of your carrier rnnsrng IAr oA; any eklm w dam, or ludgmmr uivoF,bneGem, for goy lu. Stale or Federal, which MY' b<aatrsrd by any saes, authority .Sams, you imm�utttwn rsh. uafr,fens a m any manner r<la,ed so, any vent err )lams or money he'd m Suspmre by you during tM nitirnce of any Spin, corurermy or sun, as above pro,ided You may deduc, any such tin or esp.. Itom any'moan o.ed cl gnu Io tuch o.my at any its, or Upon .1 to. hetificuion m yaI Dy any Owrna of the abort kau IMI the undersigned it N default In,M wYmrnl of in Mare of Ihr trawhub ntrn,et, )ou may wy d+rec, w mesh ..hO. ,ere any fmk of the NI run hneu-der until naffrcd Fr soh Operator that she default is cured. and the un dautaad amect w hold You harmless and to protect and Indamllr ,ou for nnr,uch r."nenn. ) uu shall further b, olh,oil d tp wrirnnold funds m the nml tau art due money from arncr and apply tM lord. w 1hr from .Inch )au luuAa,e or that all part ier lilac era been o N)mem nl )our ac,vuu. In Ih<n,m You arc _s,f,rd of a mntuym... lu am a an am Inse of glint dnniun wdn, tAe o. nKs udn pr poly paid Irom u,y lean from .Arch sou puclu.e. ern, owner agrm to allow flu mwspend funds umA the (Lam Is a:+•IlNyme ter: M. nsify end rnulnm the nil unI Fa, lease dexribed afvwe m tit rnnrny anJ In•c and dcmne Alof o. her', nunnl +n Ihr la•,,t, r.•atys F. •a. tattrn,on the r_,thrreof. d dlra:e In atundamr roh 6. Yen, are hereby ewhoril d to .nhheld hom tM proceed, of any end all run+ medr Aneundn Inc amount of any Is,. tither Starr or Federal, placed rl,ernm. and w N) mr lame ,a our behalf. % TA,• dr. u;wn Mder shall beam; ryrd anti f"•,dmy .pan v<h and eery O. n<r a, ,ar,n as,:med by u.rb n.atr. cryafdlrss of .her her or era am ml,rr O.ncrs hair u+,ancJ. and the• dI•r.rnn order sulru,edn all forms dlrnun wdn peen on the wopenf denetiMe abase. ►. TAi, romracs ,Hall mo,nuc I,I force for Tmnr days end Iherrahef, until ocerrnased by you giving amen of Yr,of I I Ill to., ltfmnwrc, err by anY or her t:ai,y nmr; r,�f rnrrns ra v. urminart, nlhmn, Mrrrcf, fretting the the same as w thI..—of list, Oliver ....n 9. Whose she term '•col" Is .,ad herein, n is intended also to include " doidla,e, modcnalle. or ether hasod hydrmashom " W itncsscs' Signatures and Addresses Owners' Signalures and Addresscs and SOS- Sec. No. �,,, Family rvif�gn�y, Tnr Lubbock, TX 79408 SOCIAL SECURITY NO. OR TAx IbE�•aT..NO. ADDRESSES MUST BE SHOWN FOR PAYMENT a STRUC740NSFOR SIGNING THLI DIe weer acostp.)IlUwnmsnlaal show Ill"nntttl poll office addrm Ird—end,gn where snd,ratedwrhmor.nano 1. o(hulnam+p 171��Ir�iYylt a wrinrnAir. all wnlR+, moat sign. (II If the unur n a cwponuDO, Ihit diritbn wdn mml be ugned and aumed to by duly amhuutd ofl,cert. ql Ad rmrmer '-Deg 1 +t poly nteuted and rctarned. urn of glint anwon nrde emu pea' aaa y.,mnr Ilx,.a STATE OF 'TEXASGL PAA3s' CO"N'_'Y OF LT6BOCK KNOV, ALL :':'.Ei1 BY THESE PRISENTS: 'WIMEEAS, I, I4a Sina Collins a wid ow, of the Gottnty of Lubbock, State of Texas, am tLe owner of the !:e;•einaL'ter described property; and ; IiEI EAS, I am desirous of giving the said hereinafter described pro»ez•ty to the broadmay Churct-i of Christ, a Corporation of Lubbock. Texas, for 'the purpose of establishing an orphans home; and 1,117H EAS, it is my desire that the said property be used for the t• purpose of establishing an orphans home, but there shall be no Possibility of reverter in the event that the said property is not always used for such purpose. td0'r� THLi;L•F0H'; KNOW ALL 1;IE'r BY' T"EeSL 'I't ESENTS, That I, Ic.a Sina Collins, a wido,•r of Lubbock County, Texas, for and in con- si.derction of the sum of $10.00 to me in band paid by the Broadway Church of Christ, a Corporation of Lubbock County, Texas, and for further consideration that the Broadvia.; Church of Christ, a Corporation of Lubbock, Texas, shall use the hereinafter described property for the establishment of an orphans horae, have given, granted and conveyed and do by these presents give, grant and convey unto the said Broadway Church of Christ, a Corporation of the County of Lubbock, State of Texas, all. chat certain tract o1• parcel of land situated in the County of Lul)bock, State of Texas, described as follows; to-lvit: A tract or parcel of land situated in Lubbock County, Texas and being a pLzrt of Survey 25, Block A, Certificate 2269 Abstract No. 50: Beginning at the Soutlreast Corner of said Survey ?5, the same being the Southeast Coinerr of said 400 ace tract; THF110E NORTH to the right of way line of i igh- ti':ay No. 32; THENCE SOUTIPAII'ST With tiie Southerly right- of-way line to point oi' intersection witk: tl.e West line of said 400 acre tract; THENCE SOUTf' 500 varas to a Point in the South line of said 400 acre tract; THENCE EAST' 1,188 varas to place o: beginning. VOL 488 ?Aq,3� Save and except a tract containing 44.E acres approximately square in the Northeast corner of said tract of land hereinabove described. 'tie said tract herein above described to contain 200 acres. TO It"WE AND TO 14OLD the above described premises, togW!er with all and singular, the rights and apl:urtenances thereto in anmr:is belonging unto the said Broad••rray nhurch c' Christ, a Corporation of Lubboci:, Texas, i{:s successors and ass igns fnrever; lf, my heirs. executors and administrators any'. 1 do }ereby bind myse to ':'arrant and "ooever Defend all and singular the said premises unto the said Broadway Church of Christ, a Corporation of Lubboc'•r, Te-j:as, its succ�:ssors and assigns, against every person whom- soever lawfully claiming, or to claiaf the same or any part thereof. "ithess my hand at Lubbock, Texas, this the 30th day of December, 1952• STATE oF TM- AS COUNTY OF LUBBOCK BEFORE !::E, the undersigned authority, a Notary Public, in an for said County and State, on this day personally apneare6 Ida Sina Collins, kno�•,n to me to be the person whose name is subscribEd to the foregoing; instrument, :--.nd acknot-3.edged to me that she executed the foreoning for ,he purposes and consideration the_ t�i.n expressed. GIVk;N UND IE i;IY iiAND kND SEAL OF OFFICE, this ttie day of December, 1952• Notary Public, Lubbock County, T ex a s.. James A. Walters', THE STATE OF TEXAS COUNTY OF LUBBOCK 1515 Ave J, Lubbock, Texas 236ws W A R R A N T Y D E E D $2.50 ek X X KNOW ALL MEN BY THESE PRESENTS: " X That THE BROADWAY CHURCH OF CHRIST OF LUBBOCK, TEXAS, a non-profit corpo- ration, organized under the Texas Non -Profit Corporation Act, as GRANTOR, of the County of Lubbock, State of Texas, for and in consideration of the sum of Ten and no/100 Dollars ($10.00), to it in hand paid by THE CHILDREN'S HOAR; OF LUBBOCK AND FAMILY SERVICE AGENCY, INC., a non-profit corporation, organized under the Non -Profit Corporation Act of the State of Texas, as GRANTEE, have granted, sold and conveyed, and by these presents do hereby grant, sell and convey, unto the said THE CHILDREN'S HOME OF LUBBOCK AND FAMILY SERVICE AGENCY, INC., a non-profit corporation, GRANTEE, herein, all of the following lot, tract or parcel of land situated in the County of Lubbock, State of Texas, as follows, to -wit, Two Hundred (200) acres of land out of Survey Twenty -Five (25), Block A, John H. Gibson original grantoo, situated in Lubbock County, Texas, and described by metes and bounds as follows. BEGINNING at a 1 1/4" iron pipe set for the SE corner of Section Twenty-five (25), in the center of a public road running East and West, same being the common corner of Sections Three (3) and Four (4), Twenty-five (25) and Twenty-six (26), all of Block A, Lubbock County, Texas; THENCE South 890 28' 15" W 1184.7 varas to a 1 1/4" iron pipe in the South line of Section Twenty-five (25), the SW corner of this survey, THENCE North 0° 25' 15" W 583.6 varas to a 1 1/4" iron pipe in the South line of Highway 87, the NW corner of this survey; THENCE North 45° 50' E 1022.8 varas along the South line of said Highway to a 1 1/4" iron pipe, a corner of this survey; THENCE South 00 25' 15" E 224.8 varas to a 1 1/4" iron pipe, a corner of this survey; THENCE North 890 28' 15" E 444.4 varas to a 1 1/4" iron pipe in the East line of Section Twenty-five (25), the common line of Section Twenty-five (25) and Twenty-six (26) of Block A, a corner of this survey; THENCE South 00 25' 15" E 1066.5 varas along the section line to the place of beginning; SAVE AND EXCEPT an undivided one-half (1/2) interest in and to all of the oil, gas and other minerals in and under said land, or that may be produced therefrom, together with the right of ingress and egress for the purpose of exploring for and the production of oil, gas.and other minerals; And the interest in real estate conveyed herein is the same interest received by The Broadway Church of Christ, a corporation, in a deed executed May 29, 1953,by Ida Sina Collins, and Grantor herein is one and the same as the Grantee in said deed from Ida Sina Collins, which deed is filed of record in the office of the County Clerk of said Lubbock County, Texas; TO HAVE AND To HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said THE CHILDREN'S HOME OF LUBBOCK AND FAMILY SERVICE AGENCY, INC., GRANTEE, its successors and assigns forever, and it does hereby bind itself, its successors and assigns forever, to warrant and forever defend, all and singular, the said premises unto the said THE CHILDREN'S HOME OF LUBBOCK AND FAMILY SERVICE AGENCY, INC., GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. WITNESS its hand this ,�2 -64 day of Lubbock County, Texas. L_• 1972, at Lubbock, THE BROADWAY CHURCH OF CHRIST OF ATTEST: / LUBBOCK, TEXAS, a non-profit corporation 09 By �l. ocretary - Treasurereidont i VOL1323 PACE Vot3323 PAu-514 THE STATE OF TEXAS COUNTY OF LUBBOCK X I BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared LENNON HILL, President of THE BROADWAY CHURCH OF CHRIST OF LUBBOCK, TEXAS, a non-profit corporation, known to me to be the person and officer whose name is subscribed to the foregoing instru- ment, and acknowledged to me that the same was the act and deed of the said THE BROADWAY CHURCH OF CHRIST OF LUBBOCK, TEXAS, a non-profit corporation, and that he executed the same as the act and deed of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 1972. �day of %1O URY SEAT, Notary Public, Lubbock County, Texas. Annabelle D. Rawllnaon FILED FOR RF.rr)RD NOV 13 1 40 PH r I STATE OF TEXAS COUNTY OF LUOCOCI(} •J. r bn.b, n�ml rb.r rba mn,rm..l w .alto en IM z.r..,d .1 rr.. n.,. ,i.M..d ,.,... b, ..., .�J wn dul/ A{COCAM 1, U. V.1— .nd i.;. a IA. r(COrDS .I Cc : r r• • � h - �.. � occ4 Cavnly,Tan� ,y7 X-Ib..1 C.r.II. 7.r....I."od J' �. y ,.y NOtl 13 1972 r .cov,+rr cu.K kWi1gC9 90UNTY, TV4 -2- • Walters & Associates 1515 Ave. J VOL1323 PdcF 548 Lubbock, Texas / $2•So ok 23649 • .�0 4TA RRANTY DEE D 1. THE STATE OF TEXAS X COUNTY OF LUBBOCK Y KNOW ALL MEN BY THESE PRESENTSi That THE BROADWAY CHURCH OF CHRIST OF LUBBOCK, TEXAS, a non-profit corpo- ration, organized under the Texas Non -Profit Corporation Act, as GRANTOR, of the County of Lubbock, State of Texas, for and in consideration of the sum of Ten and no/100 Dollars ($10.00), to it in hand paid by THE CHILDREN'S HOME OF LUBBOCK AND FAMILY SERVICE AGENCY, INC., a non-profit corporation organized under the Non -Profit Corporation Act of the State of Texas, as GRANTEE, have granted, sold and conveyed, and by these presents do hereby grant, sell and convey, unto the said THE C1iILDREN'S HOME OF LUBBOCK AND FAMILY SERVICE AGENCY, INC., a non-profit corporation, GRANTEE, all of the following lots, tracts or parcels of land situ- ated in the County of Lubbock, State of Texas, as follows, to -wit: TRACT ONE: All of the Northeast One -Fourth (NE/4) of Section ' Four (4), Block A, in Lubbock County, Texas, containing 160 acres Of land, more or less; provided, however, that this conveyance is subject to that certain mineral reservation heretofore reserved by A. It. Travis and wife, Laura Travis, Roland B. Travis and wife, Margaret Sue Travis, as more fully shown in a deed dated August 26, 1954, recorded in Volume 544, Page 273 of the Deed Records of Lubbock County, Texas, and this conveyance is likewise subject to the mineral reservation heretofore reserved by E. E. Elms and s wife, Maudie Elms, as more fully shown in a warranty deed dated March 10, 1955, from E. E. Elms and wife, Maudie Elms, to G. W. Williams, recorded in Volum@ 568, Page 19 of the Deed Records of Lubbock County, Texas, and this conveyance is further subject to all easements of record in the Deed Records of Lubbock County, Texas, as well as any and all valid outstanding oil, gas and ; mineral leases which may be shown of record in said Lubbock County, ; Texas; t 1 TRACT 'IWO: All of Lots Numbers Sixty (60), Sixty -One (61), Sixty - Two (62), and Sixty -Three (63), Winniewood Addition, an addition to the City of Lubbock, Lubbock County, Texas, subject to all mineral reservations and exceptions of record made by prior owners thereof, and also subject to all restrictions and covenants of record con- tained in the plat and dedication instrument recorded in Volume 688, Page 124, Deed Records of Lubbock County, Texas; TRACT THREE: That certain tract or parcel of land situated in Lubbock County, Texas, and being a part of Survey 25, Block A, Certificate 226, Abstract No. 50, and beginning at the Southeast Corner of said Survey 25, the same being the Southeast Corner of said 400 acre tract; Thence North to the right of way line of Highway No. 82; Thence Southwest with the Southerly right-of-way line to a point of intersection with the West line of said 400 acre tract; Thence South 500 varas to a point in the South line of said 400 acre tract; Thence East 1,188 varas to the place of beginning; save and except a tract containing 44.6 acres approximately square in the Northeast corner of said tract of land hereinabove described; and said tract contains approximately 200 acres of land, more or less; TRACT FOURS The West 45 foot of Lot Seven (7) and the East 30 feet of Lot Eight (8), in Block Fourteen (14), Hulin Heights Addition, Second Installment, an addition to the City of Lubbock, Lubbock County, Texas; (an undivided ono -half interest), TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said THE CHILDREN'S HOME OF LUBBOCK AND FAMILY SERVICE AGENCY, INC., GRANTEE, its successors and assigns forever, and it does hereby bind itself, its successors and assigns forever, to warrant and forever defend, all and singular, the said premises unto the said GRANTEE, THE CHILDREN'S HONE OF LUBBOCK AND FAMILY SERVICE AGENCY, INC., its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. WITNESS its hand this aI '-1 day of DLL/ , 1972, at Lubbock, Texas. THE BROADWAY CHURCH OF CHRIST OF LUBBOCK, TEXAS, a non-profit corporation c By v - residen ATTEST! By 16dc THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared LENNON HILL, President of THE BROADWAY CHURCH OF CHRIST OF LUBBOCK, TEXAS, a non-profit corporation, known to me to be the person and officer whose name is subscribed to the foregoing instru- ment, and acknowledged to me that the same was the act and deed of the said THE BROADWAY CHURCH OF CHRIST OF LUBBOCK, TEXAS, a non-profit corporation, and that he executed the same as the act and deed of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this zk day of 1972. ITOTIRY SELL / ----- -E w &. 42.-2.-. ��.-r✓ Notary Public, Lubbock County, Texas. Annabelle D. RawAnson STATE OF TEXAS FOR aErnRn 1 COUNTY OF LUBBOC K . � FiL�c µ'T ,R S •. e. a �ur .na iei, �•a•....m wn dIC�n Rr.N.•.Rn ^u.Ri,,A. i.a ^ oal'nj Ih 8,ru. Mu Nnu 3 1� ` .•i.^D, imYwa, ..,. ^d lFiwI"G•eO13 7Ij ... • Il,Sl.CfmD,Od,1J aV �I n ,x s NOV 13 f912 Ccw.'1.r.•,;.LuhluckCaur.ty.Taus _'/-� �. )CoUNry clllx lLuoyK tot�y,1DS� —2— V0LIJ�11 an;.f'5AL "q TRANSMISSION RIGHT-OF-WAY EASEMENT STATE OF TEXAS COLWTT OF .... Lubbach .. .... . .... .......... ............ ....... KP,'OW ALL MEN BY THESE pRESENvS: That ...... Caw. ...................................................... ., the londersiLlued, hereinafter referred to as Grantor, for and hi consideration of the sum of ....... 1-00 ............. ) Dollars, to Grantor in hand paid by WE T maintain and operate a pipe line and all necessary appurtenances thereto; and to d feet in %vicit.li, to co, knowledged, TEXAS GAS COMPANY, a corporation hereinafter called drantee, the receipt of which is hereby ac. S oes herO,,y grant, sell and convey unto said Grantee Its successors and assigns, a right or way, forty (40) construct, maintain and operate a telephone and tellgraph line In connection therewith together with neces- sary poles, and all necessary appurtenances thereto, over and through the following described property lying and being situated In ...Y.ubbqqk ......U....W..o...c.....k......�......... .... ... ................C..O...L...I..t.Y..,...S..t..a.t..e...o. f Texas, to-wit:T... HUn-�rd Ae0A of the SpLi,.;nnP_ ............... qqwWA ........................ -.?..................................................................................................................... ................................... .................... .......................................................... .............................................. .............................................. ..... I ............ I ................. I ............................................................ ........................................................................ ............... ­ ......... ... I.... ..... . .................. ............................. ... .................................................................... I ......................... I ................... ...................................... ................. I ...................... I .......... I ............................... I ........ said property being More fully described in a deed from .............. 00.3.13 tO................ . ...... .... .. - . .... .... t . .......... ................ ............ dated the ........... day of ......... recorded in Volume .... ........ Of the Deed Records a,- ........ I ....... erence is here Made for further description of said pro , , Wich re - party; said pipe line to be CountyTexasto proh constructed apximatelfy along the line designated by a Survey heretofore made, or hereafter to be made by the Grantee, through and over the property hereinbefoie described; and this grant shall carry with it the right of Ingress and egress to and from said land for the Purpose of constructing, Inspecting, repairing and maintaining said pipe line and telephol,.f, or telegraph hric, and the removal or replacement of the same with either like or different size pipe or other construction at will, either In whole or in part. Grantee may, at cons upon Permanent abandon- n-Wilt of the right of way and removal Of all lines and other Improvements constructed thereon shall execute mutually granted shall be fully cancelled and terminated. and record a reconveyance and release hereof, Whereupon this agreement and all rights and privileges herein TO HAVE AND TO HOLD the above described rights and easements together with any other rights nec- erz,..ry to operate and Maintain a pipe line, or pipe lines, over the above Grantee, Its successors and assigns. easements, described Promises Unto the said The Grantor shall fully use and enjoy said promises except for the Purposes herein granted but such use shall not hinder, conflict or interfere with the exercise of the Grantee's rights hereunder, and no building res- ervoir or s,�ructure shall be constructed upon, under or across the rights -of -way or easements herein granted without tije Grantee's written consent. The Grantee agrees to bury all pipe lines to a sufficient depth so as not to interfere with the cultivation Of f1he soil and to p,.1; P-11 damage's to land, crops and fences which may arise from construction, maintenance allcl operation of said pipe line and said telephone or telegraph line. za;t The Grantee agrees to erect its telephone and telegraph line as near to the Grantor's fence line, if paral- leling a public road Or highway, as the State or County Highway Department tnay permit, otherwise within one foot Inside Of Grantor's fence line, provided, however, a distance of 30 feet may be maintained, for the telePlione or telegraph line, from any high tension electric powp,• line along and through the property herein described. There Is hereby granted to the Grantee herein the right to construct, Maintain and operate on the above described property additional Pipe lines, the same to run Parallel with and adjacent to the pipe line above refer- red to and in the event Grantee exercises this right to lay an additional pipe line or lines the Grantee shall pay Grantor the sum of twenty-five cents (25c) per Ilrea) rod for each additional nip, line so laid, as Well as all said damages caused by the construction thereof, and be entitled to the same rights for the additional line or lines as I.,. herewith granted for the line to be constructed. It Is mutually agreed and understood that In the event any dispute arises relative to the amount of dam- ages suffered arising from the laying, Maintaining, operating or removing any of the pipe lines or other con- struction of the Grantee, said damage. If not mutually agreed UPOr, shall be ascertained and determined by three dialzi terested persons One to be appointed by the owner. Of-the.land. his or their heIrs..or azsIgn_-., ona by — the Grantee, Its suceftsors'or assigns,* and the third peison by the two persons before mentioned, and the decl- sion of the arbitrators thus selected shall be final and conclusive. Grantee agrees to tap its Pipe line to be constructed on the Grantor's premises for the purpose of supply- Ing the Gr:i 'ntcr With natural gas for domestic use and pumping purposr. I Grantee at rates and liador The rifles and regulations established by Grantee. measured at the main line Of the purposes,only The gas shall be furnished and The Grantor represents and warrants that he Is the owner In fee simple of the land above described, sub- ject to outstanding mortgages, if any, now on record In said County. It is hereby understood that the Parties securing this grant In behalf of the Grantee are without au- thority to Make any covenant or agreements not herein expressed. Wr]_i'ESS TliE EXECUTION HERE, OF the ...... day of .......... ........................ A. D. lq_�'; ... <_4 V Lb_Df .... Qbr Ct .................................. . ....................................... FrOdD iniceton, rrealclent .............. ✓ ... .. ........ ............... b . ....... .2 ................ . .................. ..... '�r rani e Right -Of -Way Agent il 75-1 THE STATE; ov County or Ill surd for the County jujc: plate Aforesaid. on Lhis d3Y Pe V-301 ':Illy appeared Defore inc, the midersigneCi authority, Piftir ............. .r.o,q�j to me to be the ............. ..................... I ............................................... .................. .... ......... I ............ I ........... ...... persoll W110-Sc name . .. . ........... Subscribed ,.,3 tic foregoing instrument and Acknowledged to me that he sisbscrllxd to the e PAIr -'In expressed. Lila same for ti. PDsf!s And con3lderation O'Cr, roreroi.*-.g Instrument And ack-noWl.---figed to rile that - he.. . exrelite A. D. 19 TjY IIIIND AND SEAL OF OrMCE. this ,jIt . . . .......... day of 'Ay car- nrnigsiorl cxp!.'C?,' ACINKNOWLMOEN-IL'I'll' Or ....... .. .................... Dzo tary Pu b 1 ic. TIlL STjVrj--1 Or TEXAS, County 0 :. .... ...... ........ ..... .. ....... state, on :his day ;'-o'hert 0. 2;nnwry Public Ill and for mid County and Before me, .. ... ... .. .. ........... ... . . -- 'dm President o personally Appeared .......... ........ .. ....... .. ....... f noun ,0 1,, a� Suell Anti lmoxn tomi, be instrument, and ne%novoedited to me that he executed the safflc ,,s tl-.e act and th-2 perzon whose n,,nle �s $jibt;crIbed to the !orezoilia nc as President deed of said . . .... r n therv.-.r, for the purposes And corL-,idcratlr), t1herein expresser,, t:*Ie kl tre Gaya Jty t' ereir. stated. 54. GrVWj UTTrin'� ',%TY BAND ANI) SEAL CIF OFFICE, this the 2-3 day a,- .. . ...... ... No' tary My commission explen, J . .. ...... . 5. ,,-Hz STATE of, TEXAS. ss, County of ................................ . . ... ........ . ......... and for said County and Sta�e, On ',;tidg day Before Tre, - . ....... ........ .. ... .. . ... .... . ..... ... . Notary y Public it, I and . . ........ ...... .. ............ . . ....... personally apInarCd his wife, both known to me (or proved U, lie on the oath of - .............. I ................. 1- . . I.._....................................I............) to be the persons who se names ere subscribed to the forr.-ftF r.nd ackllowlOdi;rd to MO -.1lat they cy.Fcuted the same for the purpose3 and consideraLlan therein exprerset! end the said . ... ..... ... ..... .. .... . .................. .. . .......... wife of the ;:aid .... . ...... - - - ...... - - --.1 having been examined by ln'.- privily and n-mrt from her husband, wad lizvIng the Sarre 11Wy explained to he.,, she '.Le said ......... ................ y s!j .. . . . ......... ...... ...................................... ack:iowledged such instrunie"t to be her rxt aMZ J"*d, and declared that she had wi lingl;IjC(j the same for 'he purposes and,e�,n side-rition therein e7:P17CSned. and II:.M. ,,he did not Wish to retract It. C-1VE11 UNDER TAY RAND AND SEA!, OF OFFICE, this the day Of A. D. 15 I I Ay corn-.Wlsslon expire:; .. . ... . ............ ..... .............. No'ary Public. td ri- G `i M y Ul a M Ul r C l 0 C" 13 W = ` ro z C', 0 > I l (D