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HomeMy WebLinkAboutResolution - 945 - Agreement - Joe N. Nislar Et Al - Irrigation Line Relocation - 10/08/1981? RESOLUTION 945 - 10/8/81 (After Executive Session) JWF:pc n40AT TTTTATT 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 Irrigation Line Relocation Agreement to be executed by said City and Joe N. Nislar, and wife, Mildred Nislar, Ora Nislar, individually, and Ora L. Nislar and Americanl State Bank of Lubbock, Texas as Co -Executors and Co -Trustees under the Estate of 0. L. Nislar (Deceased) and of the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate, Jerry N. Nislar and wife, Marilyn Nislar,; 0. L. Nislar Jr. and wife, Doris Nislar, and James Robert Nislar, hereinafter collectively called "Nislars", and the said Mayor is further authorized and directed to execute and cause to be delivered at the appropriate time under said agreement on behalf of the City unto the said Nislars an Irrigaion Line Easement in the form as set forth as "Exhibit B" to the aforesaid Irrigation Line Relocation Agreement 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. Passed by the City Council this 8th day of Octber ,1981. I Iff i i L cALIS R, MAYOR ATTEST: I I Evelyn_Gaff g -a, City S cr t -Treasurer APPROVED AS TO CONTENT: r l Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: J. Wo h Fullingim, Assistant City ttorney RESO TION 945.- 10/8 81 (After Executive Session) Irrigation Line Relocation Agreement STATE OF TEXAS COUNTY OF LUBBOCK Comes now Joe N. Nislar, and wife, Mildred Nislar, Ora Nislar, individually, and Ora L. Nislar and American State Bank of Lubbock, Texas as Co -Executors and Co -Trustees under the Estate of 0. L. Nislar (Deceased) and of the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate, Jerry N. Nislar and wife, Marilyn Nislar, 0. L. Nislar Jr. and wife, Doris Nislar, and James Robert Nislar, hereinafter collectively called "Nislars", and the City of Lubbock, a home rule municipality located in Lubbock County, Texas, hereinafter called "City" in consideration of the mutual promises and agreements to be kept and performed by the Nislars and the City as hereinafter set forth, do hereby contract and agree as follows: 1. Nislars retain the easement north of the south 512.6 feet of a 20 foot wide easement as set forth in a deed recorded in Volume 979, page 647, et. seq. of the Deed Records of Lubbock County, Texas, reference to which deed is hereby made for a more particular description of said easement, insofar as the repairing, maintaining, and replacing of an irrigation line and ingress, egress, and regress for such purposes. Nislars will, in the form shown on attached Exhibit A, quitclaim the easement north of the south 512.6 feet of such easement insofar as ingress and egress to and from Highway No. 84 to other land of the Nislars and such quitclaim deed shall also quitclaim all easements and all rights of the Nislars in said easement which lie in the south 512.6 feet of said 20 foot easement, such quitclaim deed to be delivered as hereinafter provided in Section 4 hereof. 2. City will relocate or cause to be relocated (at its expense) an 8 inch F.V.C. irrigation line of the Nislars by connecting on the existing irrigation line of the Nislars at the north end of the said south 512.6 feet of said 20 foot wide easement above referred to and placing said irrigation line in a twenty foot wide easement (which easement is to be conveyed to the Nislars by the City in form on attached Exhibit B for maintaining, repairing, and replacing of said irrigation line and ingress and egress for such purposes) proceeding west along the edge of City property approximately 387.4 feet and thence south approximately 532.6 feet along the western edge of City property said 20 foot wide easement to be conveyed to Nislars by the City is described and located as follows: Beginning at a point in the west boundary line of the City of Lubbock 38.58 acre tract which point bears S 890 16' W 3698.89' and N 00 44' W 532.6' from the S.E. corner of Section 4, Block S, Lubbock County, Texas; THENCE S 89° 16' W 387.4' to a point. THENCE S 00 44' E 532.6' to a point in the south line of Section 4, Block S. THENCE N 89° 16' E 20' to a point. THENCE N 00 44' W 502.6' to a point. THENCE N 440 16' E 14.14' to a point. THENCE N 89° 16' E. 357.4' to a point. THENCE N 00 44' W 20' to the point of beginning. Such remaining relocated irrigation line shall then proceed insofar as feasible on the Nislar property just south of the City 38.58 acre tract and connect up with the existing Nislar irrigation line. Appropriate adjustment and relocation in the valves shall be made on the northern edge of the Nislar property to make the relocated irrigation line compatible with the existing Nislar irrigation system. The City, its contractors, servants, representatives, officials and authorized agents shall have temporary reasonable ingress, egress, and regress on the Nislar property necessary to complete the irrigation line relocation on the Nislar property, and.the Nislars waive any right to crop damage occasioned by such irrigation line relocation on the Nislar property, and agree to hold the City harmless of and from any claims with respect to such crop damage. 3. City shall psy to the Nislars the Sum of $11,440.00 to relocate their easement to Highway No. 84 and the remainder of their property, and $5000.00 for inconvenience in relocation of their irrigation line and easements, such payment to be made after acceptance of the relocated irrigation line by a qualified irrigation line inspector chosen by the Nislars and acceptable to the City, and City agrees to pay a reasonable fee to such inspector for such service. 4. After acceptance of the relocation of the irrigation line in writing by the said irrigation line inspector which acceptance shall be delivered by the Nislars to the City, the Nislars shall be paid the sums of money mentioned in Section 3 hereof, and contemporaneously with receipt of such sums of money as aforesaid by the Nislars, the Nislars will deliver the quitclaim deed referred to in Section 1 hereof unto the City. City shall thereupon deliver the easement referred to in Section 2 of this agreement unto the Nislars. 5. It is hereby stipulated that this agreement shall be completed as expeditiously as practicable by the Nislars and the City, and said parties will exercise their best efforts to complete the same on or before the lst day of December, 1981. 6. After completion and acceptance of the irrigation line by the said irrigation line inspector, the delivery to the Nislars of the easement to be conveyed to them by the City, and the payment to the NIslars of the moneys to be paid to them in full in accordance with this contract, then the Nislars shall have no further claim against the City arising out of this transaction and the Nislars ipso facto upon the happening of such events thereby and by these presents do hereby release any of such claims or potential claims unto the City of Lubbock in full. The City agrees and does hereby indemnify and hold.the Nislars harmless from any and all claims, causes of action, liabilities, including reasonable attorney's fees, arising from damages or personal injury resulting from the construction and installation of the relocated irrigation line herein contemplated for construction. The City further agrees to pay off and discharge or caused to be released any liens or affidavit claims for labor or materials against the easement rights awned by the Nislars and to.be granted Nislars hereunder. 7. As an additional consideration of $10,000.00 to be deposited in the registry of the County Court at Law No. 2 of Lubbock County, Texas Cause No. CV81-00613.2 by the City with the Clerk of said Court for the use and benefit of the Nislars, in addition to the $16,315.00 already deposited with the Clerk of said Court for the use and benefit of said Nislars as defendants in condemn- ation proceeding No. 403 in said Court, being appealed by the said Nislars from the Award of Special Commissioners as Civil Cause No. CV 81-00613.2, the Nislars do hereby agree to dismiss their appeal of said award, and in con- sideration of said payment made or to be made by the City, the Nislars agree to move for dismissal of their appeal, and to submission to the Court, and if approved by the Court, entry of a judgment vesting title to the electrical power line easement as prayed for in the City's Petition in Condemnation in said Cause, and the Nislars agree to assist the City in every way practicable to affect the entry of said judgment, to the end that said judgment can be entered insofar as feasible contemporaneously with completion of the remaining terms and provisions of this agreement hereinabove set forth. Reference is made to all papers on file in said Civil Cause No. CV 81-00613.2 for all pertinent purposes. City agrees to not build or construct any improvements, including utility lines or pipelines, upon the irrigation pipe line easement granted Nislars which will interfere with the Nislars use and enjoyment of such easement, and will not fence such easement within an enclosure. Executed this gth day of October , 19 81 S_ct - ow, X, &, J N. Nislar Ora Nis ar Mildred Nislar 0. L. Sitilear, Jr. /10,f oras Nislar ATTEST: Evelyn Gaffga, City Secrfeeap�-Treasurer APPROVED AS TO CONTENT: Carroll. McDonald, birector of Electric Utilities APPROV AS TO FORM: J. Flo Fullingim, A. t. City A orney J rry N Nislar M a,M.���,�., , Marilyn Nislae zy . 0 # 'r 'A 4.6 '. il�� J' mes Robert Nislar AMERICAN STATE BANK OR LUBBOCK, TEXAS BY:, . ,ellust Officer of said Bank CITY OF OCK Bit M A ISTER, MAYOR THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared Joe N. Nislar and wife, Mildred Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same.for the purposes and consideration therein expressed. 19'7_. �.� EEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 41 '� Nota ublic, Aubbock County, Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE HE, the undersigned authority, on this day personally appeared Ora Nislar known to me to be the person whose name is subscribed to the foregoing instrument and acknolwedged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities hereinabove stated, and as the act and deed of the Estate of 0. L. Nislar (deceased) and the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate. GIVEN UNDER MY HAND AND SEAT, OF OFFICE THIS �DAY OF , 1981. Notary Public, L ock County, Texas My Commission Expires. 6 /,/—If t 3- BEFORE semIft3- -THE ySTATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared Jerry N. Nislar and wife, Marilyn Nislar, known tome to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein ex ressed. GIVEN UNDER MX HAND AND SEAL OF OFFICE THIS DAX OF 4 �f 1981. 46�r_ - Nota y Public, b County, Texas My Commission Expires. THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared O. L. Nislar, Jr., and wife, Doris Nislar, known to .me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _/';�& DAX OF � 1981. Notary Public, 4ubbock County, Texas My Commission Expirest br` THE STATE OF TEXAS COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared James Robert Nislar, 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. 1981. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS "`'" DAY U a!�-", Notary Public, ubbock County, Texas My . Commission Expires: THE 'STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public nand for said County, Texas on this day personally appeared ;;9-A a A. NROW.-WAL_e , Trust Officer of American State Bank of Lubbock, Texas, 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 capacities hereinabove stated, and as the act and deed of the Estate of O. L. Nislar (deceased) and the James Robert Nislar Trust and the O. L. Nislar, Jr. Trust under said Estate. 1981. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAX OF-eapoz NotgrT Pub i Lubbock County, Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Bill McAlister, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoIng instrument and acknowledged to ate that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said City. GIVEN UNDER UNDER MY HAND AND SEAL OF OFFICE THIS O DAY OF AW44� Notary Public, Lubbock County, Texas J _+ My Commission Expires: Atv ,*11, "EXHIBIT A" Quitclaim Deed STATE OF TEXAS § COUNTY OF LUBBOCK § That Joe N. Nislar, and wife, Mildred Nislar, Ora Nislar, individually, and Ora L. Nislar and American State Bank of Lubbock, Texas as Co -Executors and Co -Trustees under the Estate of 0. L. Nislar (deceased) and of the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate, Jerry N. Nislar and wife, Marilyn Nislar, 0. L. Nislar Jr. and wife, Doris Nislar, and James Robert Nislar, hereinafter collectively called "Nislars", for and in consideration of TEN AND N0/100 DOLLARS and other good and valuable consideration to the Nislars in hand paid by the City of Lubbock, a home rule municipality, herein called "City", receipt of which is hereby acknowledged and confessed, said Nislars do hereby release and quitclaim unto the City the easement north of the south,512.6 feet of a 20 foot wide easement owned by the Nislars as set forth in a deed recorded in Volume 979, page 647, et seq., of the Deed Records of Lubbock County, Texas,.reference to which deed is hereby made for a more particular description of said 20 foot wide easement, insofar as ingress and egress to and from Highway No. -84 to other lands of the Nislars only is concerned, and for the self same consideration the Nislars do hereby release and quitclaim unto the City all the easement rights of whatsoever kind or nature which the Nislars own and possess which lie in the south 512.6 feet of said.20 foot wide easement. All easement rights of the Nislars in and to said 20 foot wide easement which are not herein specifically released and quitclaimed unto the City are hereby retained by the Nislars. Nislars fully release and quitclaim unto the City of Lubbock any and all claims they may have, if any, arising in any manner out of this transaction in which this quitclaim deed forms an integral part. Executed this day of , 19 JJN.� Nislar Mildred Nislar Ora Nislar Jerry N. Nislar Marilyn Nislar 0. L. Nislar, Jr. Doris Nislar James Robert Nislar AMERICAN STATE OF LUBBOCK, TEXAS BYs rust Officer of said Bank THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared Joe N. Nislar and wife, Mildred Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 19 Notary Public, Lubbock County, Texas My Commission Expires; THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared Ora Nislar known to me to be the.peraon whose name is subscribed to the foregoing instrument and acknolwedged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities hereinabove stated, and as the act and deed of the Estate of O. L. Nislar (deceased) and the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate. GIVEN UNDER MX' HAND AND SEAL OF OFFICE THIS DAY OF , 1981. Notary Public, Lubbock County, Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared Jerry N. Nislar and wife, Marilyn Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. 1981. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , Notary Public, Lubbock County, Texas My CQmmission Expires; THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared 0. L. Nislar, Jr., and wife, Doris Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. 1981. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , .... .... .. ....... . ... Notary Public, Lubbock County, Texas My Commission Expires; THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared James Robert Nislar, 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 UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 1981. Notary Public, Lubbock County, Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County,.Texas on this day personally appeared , Trust Officer of American State Bank of Lubbock, Texas, 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 capacities hereinabove stated, and as the act and deed of the Estate of Q. L. Nislar (deceased) and the James Robert Nislar Trust and the,Q. L. Nislar, Jr. Trust under said Estate. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 311981. Notary Public, Lubbock County, Texas My Commission Expires: "EXHIBIT B" Irrigation Line Easement STATE OF TEXAS § COUNTY OF LUBBOCK § That the City of Lubbock, a home rule municipality, herein called "City", for and in consideration of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by Joe N. Nislar, and wife, Mildred Nislar, Ora Nislar, individually, and Ora L. Nislar, and American State Bank of Lubbock, Texas as Co -Executors and Co -Trustees under the Estate of 0. L. Nislar (Deceased) and of the Fames Robert Nislar Trust and the 0: L.-Nislar, Jr. Trust under said Estate, .Terry N. Nislar and wife, Marilyn Nislar, 0. L. Nislar Jr. and wife, Doris Nislar, and ,Tames Robert Nislar, hereinafter collectively called "Nislars", receipt of which consideration is acknowledged and confessed by City, said City does hereby bargain, sell, and convey unto the Nislars a 20 foot wide easement for the purposes of repairing, maintaining, and replacing an irrigation line together with ingress and egress for such purposes, in, upon, over, under, along, and across the following described 20 foot wide strip of land, to -wit: Beginning at a point in the west boundary line of the City of Lubbock 38.58 acre tract which point bears S 89° 16' W 3698.89' and N 00 44' W 532.6' from the S.E. corner of Section 4, Block S, Lubbock County, Texas; THENCE $ 89° 16' W 387.4' to a point. THENCE $ 00 44' E 532.6' to a point in the South line of Section 4, Block S. THENCE N 89° 16' E 20' to a point. THENCE N 00 44' W 502.6' to A point. THENCE N 440 16' E 14.14' to a point. THENCE N 890 16' E,357.4' to a point. THENCE N 00 44' W 20' to the point of beginning. To have and to hold said easement unto the Nislars, their respective heirs, successors, and assigns, for a period of 50 years from the date next below appearing said Nislars may renew their easement for another 50 years by notifying the City Secretary of the City of their intention to so do in writing by certified United States mail during the last year of said original 50 year term and at least 60 days before the expiration of the last year of said original 50 year term. If the Nislars fail to timely notify the City Secretary of the City in writing by U.S. mail as aforesaid of their intention to renew this easement for another 50 years, then in such event this easement shall run pn and be in effect into the said,next 50 year term until such time as the City Secretary of the City notifies the Nislars, or.any one of them, or any one of their successors or assigns at any address of any one of said Nislars, their successors or assigns, as determined by City from the local Lubbock telephone or City directory, in writing by certified U.S. mail to the effect that this easement should be renewed, and if the Nislars renew the easement by notifying the City Secretary of the City in writing by certified U.S. mail within the 60 days of receipt of such notification to the effect that it is their desire to renew such easement, then this easement shall be renewed for the ,remainder of said next 50 year term, and if the Nislars fail to so timely notify the City Secretary of the City of their.desire to renew this easement for said next 50 year term, then this easement shall expire and be no longer of any force and effect. City agrees to not build or construct any improvements, including utility lines or pipelines, upon the irrigation pipe line easement granted Nislars which will interfere with the Nislars use and enjoyment of such easement, and will -not fence such easement within an enclosure. Witness the hand of the City of Lubbock at Lubbock, Texas this day of 19,�_ ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Electric Utilities APPROVED AS TO FORM: BILL McALISTER, MAYOR q. worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas on this day personally appeared Bill McAlister, 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 as the act and deed of the City of Lubbock and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. 1981. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , Notary Public, Lubbock County, Texas My Commission Expires: RESOLUTION 945 - 10/8/81 Irrigation Line Easement STATE OF TEXAS § COUNTY OF LUBBOCK § That the City of Lubbock, a home rule municipality, herein called "City", for and in consideration of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by Joe N. Nislar, and wife, Mildred Nislar, Ora Nislar, individually, and Ora L. Nislar, and American State Bank of Lubbock, Texas as Co -Executors and Co -Trustees under the Estate of 0. L. Nislar (Deceased) and of the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate, Jerry N. Nislar and wife, Marilyn Nislar, 0. L. Nislar Jr. and wife, Doris Nislar, and James Robert Nislar, hereinafter collectively called-"Nislars", receipt of which consideration is acknowledged and confessed by City, said City does hereby bargain, sell, and convey unto the Nislars a 20 foot wide easement for the purposes of repairing, maintaining, and replacing an irrigation line together with ingress and egress for such purposes, in, upon, over, under, along, and across the following described 20 foot wide strip of land, to -wit; Beginning at a point in the west boundary line of the City of Lubbock 38.58 acre tract which point bears S 89° 16' W 3698.89' and N 0° 44' W 532.6' from the S.E. corner of Section 4, Block S, Lubbock County, Texas; THENCE S 89° 16' W 387.4' to a point. THENCE S 00 44' E 532.6' to a point in the South line of Section 4, Block S. - THENCE N 890 16' E 20' to a point. THENCE N 0° 44' W 502.6' to a point. THENCE N 44° 16' E 14.14' to a point. THENCE N 890 16' E 357.4' to a point. THENCE N 0° 44' W 20' to the point of beginning. To have and to hold said easement unto the Nislars, their respective heirs, successors, and assigns, for a period of 50 years from the date next below appearing said Nislars may renew their easement for another 50 years by notifying the City Secretary of the City of their intention to so do in writing by certified United States mail during the last year of said original 50 year term and at least 60 days before the expiration of the last year of said original 50 year term. If the Nislars fail to timely notify the City Secretary of the City in writing by U.S. mail as aforesaid of their intention to renew this easement for anpther 50 years, then in such event this easement shall run on and be in effect into the said next 50 year term until such time as the City Secretary of the City notifies the Nislars, or any one of them, or any one of their successors or assigns at any address of any one of said Nislars, their successors or assigns, as determined by City from the local Lubbock telephone or City directory, in writing by certified U.S. mail to the effect that this easement should be renewed, and if the Nislars renew the easement by notifying the City Secretary of the City in writing by certified U.S. mail within the 60 days.of receipt of such notification to the effect that it is their desire'to renew such easement, then this easement shall be renewed for the remainder of said next 50 year term, and if the Nislars fail to so timely notify the City Secretary of the City of their desire to renew this easement for said next 50 year term, then this easement shall expire and be no longer of any force and effect. I City agrees to not build or construct any improvements, including utility lines or pipelines, upon the irrigation pipe line easement granted Nislars which will interfere with the Nislars use and enjoyment of such easement, and will not fence such easement within an enclosure. Witness the hand of the City of Lubbock at Lubbock, Texas this '8th day of October 19�j_• BI A- ISTFAZ, MAYOR ATTEST: ` Evelyn Gaffga;Tity Secretary -T asurer APPROVED AS TO CONTENT: c Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: fes' J. th Fullingim, Ass City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas on this day personally appeared Bill McAlister, 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 as the act and deed of the City of Lubbock and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated.. GlNtl� UNDER MY HAND AND SERI. OF OFFICE THIS I -- DAY OF yJ // Nota Public, Lubbock County, Texas My Commission Expires: g rV RAMSEY UMPRISES 7711 KOMMIle drive Lvbbo* Tens 19423 November 18, 1981 City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 Gentlemen: r� 7-tlsr— This is in regard to the PVC irrigation pipeline recently installed for the Nislar Brothers on a portion of Section 4, Block S, Lubbock County, Texas. With the approval of the City of Lubbock, I was appointed the Inspector by the Nislar Brothers family to inspect this pipeline installation. I inspected the ditching, installation of pipe, filling and testing the line, water packing and backfilling on this job. Having been appointed inspector of the PVC pipeline on the above mentioned property, I hereby give notice that the pipeline has been inspected by the undersigned on behalf of the Nislar Brothers and I accept the pipeline as having been installed in compliance with the "Irrigation Line Relocation Agreement" dated October 8, 1981, and executed by the City of Lubbock and the Nislar Brothers family. Please find enclosed my invoice #000100 for this inspection. Cordially, Oliver Ramsey OR:mmr Encl. ;rvi.91981 G!! 1° SECRETARY Quitclaim Deed STATE OF TEXAS § COUNTY OF LUBBOCK § NOV 131981 CITY sEcRFraRr That Joe N. Nislar, and wife, Mildred Nislar, Ora Nislar, individually, and Ora L. Nislar and American State Bank of Lubbock, Texas as Co -Executors and Co -Trustees under the Estate of 0. L. Nislar (deceased) and of the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate, Jerry N. Nislar.and wife, Marilyn Nislar, 0. L. Nislar Jr. and wife, Doris Nislar, and James Robert Nislar, hereinafter collectively called "Nislars", for and in consideration of TEN AND N0/100 DOLLARS and other good and valuable consideration to the Nislars in hand paid by the City of Lubbock, a home rule municipality, herein called "City", receipt of which is hereby acknowledged and confessed, said Nislars do hereby release and quitclaim unto the City the easement north of the south 512.6 feet of a 20 foot wide easement owned by the Nislars as set forth in a deed recorded in Volume 979, page 647, et seq.., of the Deed Records of Lubbock County, Texas, reference to which deed is hereby made for a more particular description of said 20 foot wide easement, insofar as ingress and egress to and from Highway No. .84 to other lands of the Nislars only is concerned, and for the self same consideration the Nislars do hereby release and quitclaim unto the City all the easement rights of whatsoever kind or nature which the Nislars own and possess which lie in the south 512.6 feet of said 20 foot wide easement. All easement rights of the Nislars in and to said 20 foot wide easement which are not herein specifically released and quitclaimed unto the City are hereby retained by the Nislars. Nislars fully release and quitclaim unto the City of Lubbock any and all claims they may have, if any, arising in any manner out of this transaction in which this quitclaim deed forms an integral part. Executed this day of Gi ,,f'�/_� 19 oe N. Nislar Mildred Nislar Ora Nislar Jer N. islar Marilyyn'NNzslar 0. Nislar, Jr. LI -7 Z - oris Nislar ctti J es Robert Nisjar AMERICAN STATE B OF LUBBOCK, TEXAS BY: rust Of icer of said Bank �.Y �xk . THE STATE OF TEXAS § J� OOZY OF LUBBOCK § wV BEFORE ME, the undersigned authority, on this day personally appeared Joe N. Nislar and wife, Mildred Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument -and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ,5���._ DAY OF�`� , 19 Notary Publics;� bock County, Texas My Commission Expires:- THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared Ora Nislar known to me to be the person whose name is subscribed to the foregoing instrument and acknolwedged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities hereinabove stated, and as the act and deed of the Estate of 0.'L. Nislar (deceased) and the James Robert Nislar Trust and. the 0. L. Nislar, Jr. Trust under said Estate. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 1981. OAZ Notary Public, tubbock County', Texas My Commission Expires: THE STATE OF TEXAS _ § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared Jerry N. Nislar and wife, Marilyn Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same�for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS �%� DAY OF�"�r.� = , 1981. lee Notary Public' Lubbock County, Texas My Commission Expires: THE STATE OF TEXAS _..§ COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared 0. L. Nislar, Jr., and wife, Doris Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ��DAY OF 1981. Notary Public, Lu "ock County, Texas My Commission Expires:—,/, /Z/ - v .x,Y 'TMay r5�: a; a THE STATE OF TEXAS § COUNTY OF LUBBOCK T., BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared James Robert Nislar, 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.. / , SEAL OF OFFICE THIS / DAY OFnU GIVEN UNDER MY HAND AND 1981. Notary Public, LVEbock County, Texas • My Commission Expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared r /� /�i�a yam'"r' "r'.' , Trust Officer of American State Bank of Lubbock, Texas, 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 capacities hereinabove stated, and as the act and deed of the Estate of 0. L. Nislar (deceased) and the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 1��� DAY OF 1981. de ) .' Z�z Notary' Public,'Lubb'bck County, Texas My Commission Expires: