HomeMy WebLinkAboutResolution - 945 - Agreement - Joe N. Nislar Et Al - Irrigation Line Relocation - 10/08/1981? RESOLUTION 945 - 10/8/81
(After Executive Session)
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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: