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Home My WebLink AboutResolution - 2614 - Right Of Way Offer - Bush Family - Sewer Easement, Sec 43 Block AK - 07/23/1987HW: js RESOLUTION Resolution #2614 July 23, 1987 Agenda Item #19 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: a sanitary sewer line easement, and this City Council of said City finds it in the public interest and for public purposes and municipal pur- poses to proceed with the acquisition of an easement in, upon, over, along and across land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT an easement in, upon, over, along and across the fol- lowing described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: BEGINNING at a point being the Southeast corner of the Northwest 1/4 of Section 43, Block AK, Lubbock County, Texas; THENCE N. 89057' W. a distance of 2636.66 feet to the Southwest corner of the Northwest 1/4 of Section 43; THENCE N. 00006'16" E. a distance of 10.00 feet; THENCE S. 89057' E. a distance of 2636.66 feet; THENCE S. 00003'25" W. a distance of 10.00 feet to the POINT OF BEGIN- NING. SECTION 2. THAT the owners of said tract, being Herman W. Bush and his wife, Dorothy E. Bush; John F. Bush and his wife, Elizabeth Bush; Elmer V. Bush and his wife, Evelyn Bush; Dorothy Simpson and her husband, Rolan Simpson; and Darrell Dee Hinson and his wife, Denise Hinson, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,500.00 which is the amount appraised as the value and total damages for the acquisition of an easement in, upon, over, along and across said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forth- with, the City Attorney of said City of Lubbock is hereby authorized and in- structed to institute condemnation (eminent domain) proceedings to acquire THE STATE OF TEXAS COUNTY OF LUBBOCK 251943s .. Fila And Return To Rd Bucy R -O -W SANITARY SEWER LINE EASEMENT M VOL 2597 PAGE 67 KNOW ALL MEN BY THESE PRESENTS: THAT HERMAN W. BUSH and his wife, DOROTHY E. BUSH, of Lubbock County, Texas; JOHN F. BUSH and his wife, ELIZABETH BUSH, of Los Angeles County, California; ELMER V. BUSH and his wife, EVELYN BUSH, of Los Angeles County, California; DOROTHY SIMPSON and her husband, ROLAN SIMPSON, of Coconino County, Arizona; and DARRELL DEE HINSON-and-his wife, DENISE HINSON, of Los Angeles County, California, herein collectively called "GRANTORS", for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) to GRANTORS in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further good and valuable consideration in benefits accruing and to accrue to the remainder of GRANTORS' property, have by these presents GRANTED, BARGAINED, SOLD and CONVEYED and by these presents do GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, its legal representatives, successors and as- signs, for the use of the public as a perpetual and permanent sanitary sewer line easement, the free and uninterrupted use, liberty of passage in, along, on, over, upon, under and across all that property lying and being situated in the County of Lubbock, State of Texas, and being more particularly described as follows, to -wit: TRACT I BEGINNING at a point being the Southeast corner of the Northwest 1/4 of Section 43, Block AK, Lubbock County, Texas; THENCE N. 89057' W. a distance of 2636.66 feet to the South- west corner of the Northwest 1/4 of Section 43; THENCE N. 00006116" E. a distance of 10.00 feet; THENCE S. 89057' E. a distance of 2636.66 feet; THENCE S. 00003125" W. a distance of 10.00 feet to the POINT OF BEGINNING. together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining a sanitary sewer line, which easement in- cludes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged in such construc- tion and repair. Said property above described is not used, claimed or occupied as business or residential homestead. In order to assure the said CITY OF LUBBOCK, its successors and assigns of continuing access and enjoyment of said easement, GRANTORS do hereby expressly agree not to erect, build or other- wise allow to be constructed any building or like permanent structure over the said property heretofore described; and should such building or structure be erected, it is understood that the said CITY OF LUBBOCK shall have the right to remove said building or structure from the premises. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, its suc- cessors and assigns for so long as the public uses the same for the purposes herein granted. 1.- i VOL2597 ?AGE 68 THAT in and for such consideration, GRANTORS Have fu'r-ther- GRANTED, SOLD -and COji�D--ander these presents do GRANT, SELL and CONVEY unto the CITY OF LUBBOCK, its successors and assigns, a_temporary_working easement to be used by the CITY OF LUBBOCK as a working easement and roadway in connection with the construc- tion and installment of the sanitary sewer line mentioned in the above described permanent easement. Said working easement and roadway is described as follows, to -wit: TRACT II BEGINNING at a point being the Southeast corner of the Northwest 1/1--of-Section 43, Block AK, Lubbock County, Texas; THENCE N. 89057' W. a distance.of 2636.66 feet to the South- west corner of the Northwest 1/4 of Section 43; THENCE N. 00006116" E.,a distance of 15.00 feet; THENCE S. 89057'E. a distance of 2636.66 feet; THENCE S. 00003125" W. a distance of 15.00 feet to the POINT OF BEGINNING. Such working easement and roadway shall automatically in all things expire and ipso facto revert to the GRANTORS herein, their heirs and assigns, within one (1) month after the sanitary sewer line easement mentioned in the above described permanent easement is completely installed and accepted by the CITY OF LUBBOCK. TO HAVE AND TO HOLD the immediately above described premises together with all and singular the rights and appurtenances in anywise belonging to the CITY OF LUBBOCK for the time and pur- poses hereinabove mentioned, together with the rights and privi- leges at any and all times to enter said premises or any part thereof for the purposes and uses herein stated prior to the ter- mination of said temporary working easement and roadway. It is further understood and agreed that this easement is executed upon the condition that upon completion of the said san- itary sewer.line above described, the premises included in the temporary working easement and roadway will be restored to sub- stantially the same condition as the same were prior to such con- struction, without cost to GRANTORS, their heirs and assigns. Upon restoration, GRANTORS herein, their heirs and assigns shall be allowed the use of the surface of the easement area for any and all purposes, save and except for the erection thereon of any permanent buildings or structures. WITN HE EXECUTION OF THIS INSTRUMENT this � day of C. If� 1987. HERMAN BUSH DOROTHY E. BUSH JOp Iq F. BUSH 2 �1 r VOL ?567 PAG! 66 ELIZ ETH BUSH ID 0�Y - lk� ELMER V. BUSH �'Z� DOROTHY IMPSON DENISE HINSON ` THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, on this day personally appeared HERMAN W. BUSH, 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. GIVEN DER MY HAND AND SEAL OF OFFICE this f0 day of 1987. SEAL Notary Public'in dnd for ,Luu ock C`o/u�nt Texas IN5Ke--,R aC/ *.8� 4Od Cxp,'rz.F�' THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, on this day personally appeared DOROTHY E. BUSH, known to me to be the person whose name is subscribed to the - 3 1- VOL 2597 PAGE 70 foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER =HAND AND SEAL OF OFFICE this day of , 1987. Notary Public i'h and for Lubbock County, Texas SEAL THE STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § BEFORE ME, the undersigned authority, a Notary Public in and for said County, on this day personally appeared JOHN F. BUSH, ***2mmmxXxxxom 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. ***proved on the basis of satisfactory evidence GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22 day of JULY , 1987. H r DFF16AL SEAL '� • KATHLEEN J. MOLIN£ No ary Publicand for Los Q.. . Notary PubiiC-Caffoniia ° Pr;ntiaaiGf kem An eles County, California SEAL My � W 19891 THE STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § BEFORE ME, the undersigned authority, a Notary Public in and for said County, on this day personally appeared ELIZABETH BUSH, *** to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. ***proved on the basis of satisfactory evidence GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22 day of JULY , 1987. M DFFiCiAL sem. I KATHLEEN J. MOLINE j SEail. , tan "IC-Caiifomia t Las Amps Caft M)r Comm. ExR Avg; 9, 1969; THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES Not,art Public in a d for Los Angei s County, C lifornia § § BEFORE ME, the undersigned authority, a Notary Public in and for said County, on this day personally appeared ELMER V. BUSH, known to me to be the person whose name is subscribed to the - 4 r VOL 2597 PAGE 71 foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER AND ND SEAL OF OFFICE this, day of 1987. • •` .::�� OFFICIAL L EDNA B. BA IRD moo`. fdotary Public -California Principal office In Los : MY Angal County Comm r.,.. SEAL THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES c Notary Public in —andfor Los Angeles County, California F ON,* B •• � •D P, BEFORE ME, the undersigned authority, a Notary Public in and for said County, on this day personally appeared EVELYN BUSH, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY D AFP SEAL OF OFFICE this -day of 1987. .•�„�;, . OFFICIAL, SEAL EDNA S. BAIRD / �J �• Notary Public -California Principal office in Notary Public in and for LosEDN,9 •6• d3%�i R.D los. Exp. Ma 19 Angeles County, California MY Comm. Exp. May ]9, 2988 SEAV'_ THE STATE OF KAHN= TEXAS § COUNTY OF 5Iff= LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, on this day personally appeared DOROTHY SIMPSON, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDERW HAND AND SEAL OF OFFICE this /3 day of 1987. /J SEAL. THE STATE OF ERZKOKKX TEXAS COUNTY OF LUBBOCK �6—e,;L)A X ' 0_,e_., �zr-� Notary Public in and for I X =DUWJUMM Lubbock County, TX - fiPj Ferri '/W'�� ' T esr : /I�QY�0:) L BEFORE ME, the undersigned authority, a Notary Public in and for said County, on this day personally appeared ROLAN SIMPSON, known to me to be the person whose name is subscribed to the - 5 - 't:. VOL 2597 ?AGE t foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY H AND SEAL OF OFFICE this day of 1987. Not. ry Public in a d for :.SA 1: Lubbock County, TX 25;0P1 -;f F.Sr THE STATE OF CALIFORNIA § COUNTY OF LOS ANGELES S BEFORE ME, the undersigned authority, a Notary Public in and for said County, on this day personally appeared DARRELL DEE HINSON, 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. GIVEN AJNDER MY HAND AND SEAL OF OFFICE this 4 7 day of 1987. OFFiGAt. SFA1. NNRA AWGSM!A NOW � M Notary Public in and for Los WS Angeles County, California lrty Canrn. Exp. Oct. 24,1989 SEAL THE STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § BEFORE ME, the undersigned authority, a Notary Public in and for said County, on this day personally appeared DENISE HINSON, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. V UNDER MY HAND AND SEAL OF OFFICE this o�� day of 1987. OFFIOEAWAZ SEAL Notary Public in And for Los � Angeles County, California MY Ot111111f1 ExCOUNW 989 SEAL, - 6 - an easement in, upon, over, along and across said land as hereinabove described for said public purposes and municipal purposes. Passed by the City Council this 23rd day of July , 1987. ATTEST: , city Secretary APPROVED AS TO CONTENT: &Z Q C. -- Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Karlol d Wi 11 ard, -Assi stant City Attorney C •. &&096 ABC. McMON,MAYOR - 2 -