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HomeMy WebLinkAbout0043_1963u THE STATE OF TEXAS, COUNTY OF WILLIAMSON. KNOW ALL MM BY THESE PRESENTS The City of Georgetown, Texas, a municipal corporation, duly incorporated under the general laws of the State of lrexs.s, for and In consideration of the sum of DOLLARS, to it in hand paid by the Georgetown Railroad company, Inc.. the receipt of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY, unto the said Georgetown Railroad Company, Inc., of the County of Williamson, State of Texas, all that certain tract, lot or parcel of land located in Williamson County, Texas, and more fully described as follows: 0.433 of one acre of land, more or less, sante beim; out of and a pant of the present remainder of an original 14.16 acre tract of .and out of the Lewis J. Dyches Survey Abstract No. 180 In William- son County, Texas, which original 14.11 acre tract of land was con- veyed to the City of Georgetown by deed dated June 4, 1.8948 of record in Volume 684 page 5910 Deed Records of Williamson County, Texas, which 0.433 of one acre of land, more or less, as herein conveyed, is more particularly described by metes and bounds, an follows: BAGINNING at a point in the grantors north line, from which point a northeast corner bears North 69°07.61 East, a distance of 322.3 feet, same being a corner of the adjoining W. W. Laubach, FiroL Tract of land as described in a deed of conveyance dated August 28, 1945 9f record in Volume 329 page 194, Deed Records of Williamson County, Texasp said point of ieginning also being in the east line of the proposed relocation of the Georgetown Railroad Company right of way; THENCE South 15904.61 East, a distance of 314.5 feet to a point in the grantors south lines same being a north line of the�ad,ioining W. W. Laubaeh Second Tract of land as described in Volume 329, page 194, of aforesaid deed of conveyance, and from whicri point a common corner bears North 70.03.51 East, a distance of 264.5 feet, THENCE South 70'03.51 West,, with the grantors :south line, a distance of 60.2 feet to a point in the west line of the relocated Georgetown Railroad Company right of way, same being the east right of way liras of the proposed location of Interstate Highway 351 THENCE North 15.04.61 West, with the said common right of way line, a distance of J13.6 feet to a point in the grantors north lire; THENCE North 69 07.61 East, with the grantors north line, at a distance of 30.2 feet crossing the centerline of the Georgetown Railroad Company right ofway at railroad centerline station 21+06.2 said point also being 238.5 feet left of Survey Station 964+77.7 of the proposed location of Interstate Highway 35, as surveyed by the Texas Highway Department, thence continuing, same bearing, for a total distance of 60.3 feet to the Place of Beginning. 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 Georgetown Railroad Company, Inc., and assigns, forever, and the said City of Georgetown does hereby Warrant and Forever Defend, all and singular, the said land and premises unto the said Georgetown Railroad Company# lnc.# and assigns, against ' Cxorge�v� C+h 7k { every person whomsoever lawfully claiming, or to claim the same or any part thereof. IN WITNESS WHEREOF, the City of Georgetown, aforesaid, has caused these presents to be signed by Rawleigh S. Elliott, its Mayor, thereunto authorized by a Resolution of the City Council of the City of Georgetown, Texas, and its common seal he,-eunto affixed, this the day of December, A. D. 196- THE 96- THE CITY OF GEORGETOWN BY: w e g S. E12btt, Mayor. ATTEST; ecretary THE STATE OF TEXAS, COUNTY QF WILL.IAMSON. BEFORE ME, the undersigned authority, a Notary Public in and for Williamson County, State of Texas, on this day personally appeared Rawleigh S. .Elliott, 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 Georgetown, Texas, and as the Mayor thereof, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of December, 1963. RMHY FM=C In -and or Williamson County, Texas. The follow ng Resolution was presented by Councilman . t"o-4 . /s"' Upon motion made by Council- . . A man Councilman and seconded by was passed by unanimous vote of the Counoil. the Resolution "RESOLVED, that Mayor Rawleigh S. Elliott be, and he is hereby authorized to sign a Deed of Conveyance to 0.433 &ores of land, and being a part of the original 14#16 acres conveyed to the City of Georgetown by deed dated June 4, 1894, and rem► eorded in Volume 68, page 591. This conveyance from the City of Georgetown to the Georgetown Railroad Company is upon a cash consideration of DOLLARS, o authorized to deliver to the Georgetown Railroad The Mayor is 6 Company said warranty deed when the above consideration is paid." The foregoing is a true and correct copy or the Resolution ta passed by the City Council of Georgetown,_:`Texa4,;�on the day or December, 1963. TO CERTIFY MHZCHy witness my hand and sealsoP office. &u ZEN. oreUry COUNTY OF W U'L1.IA'V-CN IiNr7V A'k Ta N z -j TF'4 ;LIR S�'�NT3, THAT I a uel� of seil Couaty and cta}e; for and in oonbidar- ation of the sum of ., Do:.':ars to me in hand paid, The re- ceipt whereof is'hereby acknowledged* have this doy, and do -by these presents".sell and convey and grant unto the City of Georgetown, Texas an easement or right-of-way in and through all that certrin lot or parcel of land, to wits= Located in said City, with the right of agrecas ingress and re grecs in and to the same with full power and authority t1a7 tower, grainage and wetor piping in and through the aforesaid property,- placing samo so it will be to the depth of LL -fleet under the surfeee thoreof; giving to the said City and its to-, .signs end successors the right power and authority to make such rc�pairs,i:'if any, to snid sowor, dreinage and wator piping when- ever,, from any reason, it sholl_baco nAcossarye ``; Witnoss my hand this tho�day o A.D. Witnoss= 1 r ✓ �r J THE STATE OF TEXAS 1 Boforo me, tho undorsignod authority, COUNTY OF WILLIAMSON Y in and for Williamson County Toxas, on this dny appoarod personally N^nuel TRfoya And known to me to be the parson whose name is subscribed to the foregoing Instrument* and acknowlodgod to me that heoxecuted the same for the purposes and considerations thoroin expressed, and Concha Tsfoyn WIFE OF THE SAID, nnuel Tstf ya �.., hni►ing boon examined by me privily and apart —from her husband, and hpvina the Arno fully oxpinined to hor,— she, tho spid .. Cordo afoM veknowleft7,od such instrument to be her stet and deed,, and she doclnrod thrt she had willingly signed the samo for the purposes and consider at ion..th0'via;► N- tgd, and t.lat she did not wish to. retract it. Gi•`undor•m�P:zd and creel of office, this 4th�M day Qt��ptember � ? = T A.D� _ _... 1962 w•w iri ..r.�-ter. +■...�.�'�.�. ? •�'fftllirttttttN�` _ wil�snn G'njmt1 ' Tons- ON C UO THE STATE OF TEXAS 1 County of Williamson f 1, Dick Cervenka, Clerk of the County Court of said County, do hereby certify that the foregoing instrument in writing with its certificate of authentication, was filed for record in my office on the ........7........... day of ................ .. A. D. 1981.1, at A :- 3.Q... o'clock Se? .. M., and duly recorded this the ..........1. ......... day of ...... .......... A. D. 1981/.., at .8.:.,3..Q.... o'clock ..... M., in the .............. .... ....................... _................................... ......... Records of said County, in Vol. !' x�/ +T.l�......pp ....�e.Q....... WITNESS MY HAND and seal of the County Court of said County, at office in Georgetown, Texas, the date last above written. B .� DICK CERVENKA, CLERK, .............. Deputy' County Court, Williamson County, Texas. THE Si ATE OF ii.;] ASs COUNTY or WILLI V son, KNOW ALL M BY THESE MSENT'Sp That I EULA Labenski a Morrison Of acid County dad State, for and in consideration of the am of Dollars to ms is hand paid, The receipt whereof is hereby acknowledged, have this d' , and do these presents sell and cone and rant into The Cit Of Georgetown,, by p=' Y g Y 8 e Texas an easement or right -of way in and thrbngh all that certain lot or parcel oP,land to-eitirt �i,J.,C-:,LabenskiiEetate On wive ir�.�.rwA•+Ir. rrrrrrl ��rrriwr � r �rr�r rrw w■r r�r. Located; La said Cityi with the= W �` iti s �.1 1 �.... 3TATE U ' C ULTNTl' OF Q,Ta a�'.,'{ THAT i %UkItY a -ad ctatm for and in 0ons1djr-- 6t1on of the sum of � Dollars to m9 In hand paid., The re-,, ceipt whereof is hereby acknowledged, have t0his dAy, and do.by these presents sell as eonvo and 1 y grant unto the City oP Georgetowno Texas an easement or right -of -gray in and through all thct certrin lot or parcel of land, to witst being a.paartt of an 8 &ors tract in the Nicholas Porter Survey, City of GTeXai be innin ata oint in East j roperty line 197 outh of N E eor�etowrnn we and par&1181 with Orth property line 100. '...........t corner thence Located in said City, with the right of Agrece, ingress and re gress'in and to the same with full power and authority to lay 1° a WPiping/in pipin/iny and through the aforesaid property, placing samo so it will be to the depth of MWM... feet under the surface thereof; giving to the said City and its as- aigns and suceossors the right power and authority to make such repairs, if any, to --arid-.. water Piping when -t_. aver, from any reason, it shall b000mc necessary. `�•.� Witness my bend this the Edey of�....... .D. Witnosal THE STATE OF TEXAS 1 COUNTY OF WILLIAMSON Boforo ane, the undersigned authority, in and for Willinmson County Toxas, on this dny appearod personally .,: known to me to be the p6rvon whoso ntmo is subscribed to the foregoing Instrument* end acknowlodgod to me that,oxecuted the aamo for the purposes and considerations thoroin expressed, and WIFE OF THE SAID hnt►ing boon oxamined by me privily end apart from her husband, rand hiving the 8nm0 fully oxpininod to her, she, tho sAid ecknowled7ed such instrument to be her act And deed, and she doclnrod the.': she had willingly signed the same for the purposee and'consider- ation therein stated, and; t_zat she did not winh to. retract it. Given under my hand a.nd abFl of offi,o, tris dA. - 17awa-yumm-- ��a � � ��C�°� 1' 3 a.. t �' {_ i i � .. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 3120 That We, Russell Parker and wife, Irene Parker, of said County and State, for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand paid, the receipt of which is hereby acknowledged and confessed and deemed sufficient, have this day and by these presents do hereby Grant, Bargain, Sell and Convey unto the City of Georgetown, Texas, an easement and right-of-way covering the following lots or parcels of land: An Easement in perpetuityfor a sanitary sewer line being a strip of land ten (10feet in width lying five (5) feet on each side of a centerline, plus a temporary easement, for construction purposes, twenty-five (25) feet in width, on the southerly side of and adjacent to said easement in per- petuity, said centerline being described as follows: Portion west of Interstate Highway U. S. 35. BEGINNING for reference at a point on the westerly right- of-way of Interstate Highway, U. S. 35, which point is opposite engineer's reference line station 795 + 00; THENCE along said right-of-way line S 35" 26.5' W 56.53 feet io the point of beginning of this easement, same point being in a tract conveyed to Irene Williams Parker by deed recorded in Volume 410, page 25 of the Deed Records of Williamson County, Texas; THENCE, N 78' 15.14' W 10.00 feet to the point of termination of this easement lying west of said Highway. Portion east of Interstate Highway U. S. 35. BEGINNING for reference at a point on the easterly right- of-way of Interstate Highway U. S. 35, which point is opposite engineer's reference line station ?93 + 00; THENCE, along said right-of-way line S 26° 44.6' W 146.41 feet to the point of beginning of this easement, same point being in said Irene Williams Parker tract; THENCE S 78' 15.40 E 10.00 feet to the point of termination of this easement,�lyipg west of said Highway. u � -Located in said City, with the right of ingress and egress in ----- and to the same with full power and authority to lay sewer, drainage and water piping in and through the aforesaid property, giving to the said City and its assigns and successors the right, power and authobity to make such repairs, if any, to I said sewer, drainage and water piping whenever, from any reason it shall become necessary. WITNESS OUR HANDS this the ] day of , 1963. 1 1010 Rtfs-s-e'llar er Irene Parker THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared Russell Parker and Irene Parker, pis wife, both 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, and the said Irene Parker, wife of the said Russell Parker, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Irene Parker acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the qday of 1963. n NWARY PUBLIC n and.. W LLIAMSON COUNTY, T A THE STATE OF TEXAS County of Williamson } I, Dick Cervenka, Clark of the County Court of said County, do hareby certify t"'at the foreg-ing iris,rument in wr�i 'n,g, with its certificate of authentication„ was ad for record in my c;fico cn the...day af.... G3 ..�..A. D. 196 ., at . J%.3Q.o'cfock ..�:_. M., and duly recorded thi, tl e .. `......day ef.... .. !.--'---.A, D. 1-5.3., at .-/.;.5.3 o clock . . M., In tho.... .._. ---------------- - ...................... UoAs of sa;d Coun".y, in Vji.....�. ..pp.._�........ %UiELSS MY NVi0 and seal of the Caunty Court of said County, at office in Georgetown, Texay the daie last above written. E DICK CERVENKA, CLERK By— ...Deputy County Court, WildamsQn County, Tcxas. mommor—owMal= x 'RIGHT-OF-WAY AND BAUMENT RUSSELL PARKER ET U)(,, I FtE A, PARKER' TO P ITY OF GEORORTOWN 1963 OCT Out I ;Utft!n Co., Toot 0 !00 nm , ml .p� Poem 179 (Revised 11-1959) Pipe Line License AGREEMENT, made this day of A. D. 19-11 between MISSOURI -KANSAS -TEXAS RAILROAD COMPANY 'hereinafter wiled "Licensor," and VM cm OF GF4RWT" address POSA OtfIft D" 400 of Temse Mulas"s 0610T$') hereinafter called "Licensee." 1. In consideration of the covenants of Licensee hereinaftet} set forth, Licensor hereby grants to Licensee, for the period and under the conditions below stated, the right to construct, main- tain, and operate OM �1� pipe line_, hereinafter called the "Crossing," not exceeding sight inches in diameter to be used for carrying across or along the right of way or other grounds constituting a part of Licensor's railroad at or near the Station of 00m8pim_ in the County of IM21and State of TeI" 17 sail sisM (on) iaeit s"IteX7 *"W pips Lim oroesss soil RoLir"A Oespem4s piss st M aftls of 66 deov" 30 aim must aoso or 'uses masun d to the lottp westerly lass+ siert to oVM# 9*001 VW **Ut+W Sias of said ilailroai 4W- paxsrrs Mai AvAoW+s sabdiv3slea heir ?malt st Vile last Moll beta# suis trash valmetim elra aJ ag statist 8291 plus 97 disw Huai 30 lost, rocs W luso, ■ossurei moet wIr alerts Us ooer� ter ling of said rain trook &M semtb street U" of aest wU atmet (Nemolta) beaas ♦olustlen ehai.eriss +29 plus $7 AM Gorrget0=0 U23Jarsoa Gowiw# !sou/ "" pay. U" alts oruou wader 100 Trooie Noo 31. Said pipe line shall be encased in a larger pipe where it passes under any railroad track and for at least ten (10) feet on each side of the center line of any such track. 2. The crossing shall be laid and maintained at the sole cost of Licensee in a manner and with material satisfactory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom of the ties under the track, and at least two (2) feet below the surface of the ground elsewhere, so it will not interfere with the safe operation of said railroad or cause damage to said Licensor's premises. If Licensee shall fail to make necessary repairs to said crossing within thirty (30) days after no- tice from Licensor so to do, Licensor may make such repairs as the agent and at the cost and risk of Licensee, and Licensee. shall, upon demand, reimburse to Licensor all such cost with ten per cent (10%) thereon as a charge for supervision, accounting, and use of tools. But failure of Licensor to make such repairs shall not release Licensee from liability for injury or damage resulting therefrom. 10 3. If the presence or maintenance of said crossing on Licensor's premises as herein authorized shall at any time, in the judgment of Licensor, interfere with any use Licensor may desire to make of said prem- ises, or with the safe or convenient operation of its business, or if Licensee shall fail to keep any of Li- censee's covenants herein, Licensor may ,cancel and terminate this contract ,on giving to Licensee not less than ten days (10) days' advance written notice of its desire and intention so to do. 4. Upon the termination of this agreement, whether in' accordance with the provisions of. Paragraph 3 or of Paragraph 6 hereof, or otherwise, Licensee shall remove said Crossing from Licensor's;premises, and restore said; premises, to .their prior condition or to a condition satisfactory to Licensor's Chief Engineer, and if Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this agreement, Licenor may remove the same and restore said premises as herein provided as .the 'agent and at the expense and risk of Licensee, and Licensee shall reimburse to Licensor all said expense, plus ten per, (1076) thereof as a charge for supervision,:-. accounting and use of tools, within ten (10) days after demand therefor. 5. Licensor shall, not be liable for any damage to said Crossing or the contents thereof,. howsoever such damage shall be ' caused, whether by the negligence of Licensor, its agents, servants, or employes, or otherwise. Licensee assumes the risk of, and shall protect, indemnify and save 'harmless Licensor from and against all liability for or , on account of, injury to or death of persons pr damage to property, includ- ing live stock killed- or injured, resulting from or incident to the construction, maintenance, use, operation or existence of, said Crossing on Licensor's premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or other condition as herein provided, whether such injury, death or damage shall be caused or contributed to by the negligence of Licensor, its agents, servants or employes, or otherwise. Licensee shall not have or make against Licensor any claim or. demand for or on, account of any damage Licensee may suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by 'said' Crossing or any partthereof. 6. This agreement shall bind -and inure to the benefit of the parties hereto, their successors and as- signs, or heirs, executors' and administrators, but ,Licensee shall not assign the :same without-1he written consent of Licensor. This agreement shall'take effect the- day of — 19 and unless terminated as Aove provided, shall continue in force for M and thereafter until terminated by one of the parties giving to the other not less than thirty (30) days' advance no- tice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such notice. In TESTIMONY WHEREOF, witness our hands, this the day and year first above written. MISSOURI-KANSAS-TEXA L OMPANY ensor) 4W V Attest: WimFmident ,�%�� ti� �T , �� � �-��