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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/4/1957RECESSED RBGUTAR MEETING Lubbock, Texas April 4, 1957 7-16-224-593 The City Oommission of the City of Lubbock, met at 11 o'clock A.M. in Recessed Regular session, recessed from regular meeting of March 28, 1957, at the regular meeting place in the City Hell, the following members thereof being present to -wit: Mayor S. S. Forrest, Jr., Commissioners Dennis Baker, 0. L. Byrd, David Casey and Homer G. %zey, City Finance Officer Al Couch, Director of Public Works N. B. bt(bilough City Ekgineer John Hickerson, and City Attorney Vaughn E. Wilson. Absent: Lavenia Lowe, City Secretary -Treasurer. Motion by Oommissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and )hxey voting Yea, none voting Nay, the following resolution was passed. RESOLUTION WHEREAS, the Commissioner's tlourt of Lubbock County and the City Commission of the City of Lubbock have reached an agreement with respect to acquiring right-of-way designated as Loop 289, said agreement being in terms and form attached hereto and made a part hereof; NOW, THERE FORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT said agreement attached hereto and made a part of this Resolution signed by Dudley Brummett, Oounty Judge of Lubbock Oounty, Texas, and attested by Louie bbore, Cmmty Clerk, Lubbock County, Texas, BE, and the same is hereby adopted, ratified and confirmed as the agree- ment between the County of Lubbock and the City of Lubbock relating to the acquisition of right-of-way ifor Lbop829, and the Mayor of the City of Lubbock is authorized and directed to execute said agreemenVon behalf of the City of Lubbock, and the pity Secretary is authorized and directed to attest the same in her official capacity and place the(seal of the City of Lubbock thereon. An executed copy of said agreement together with a copy of this Resolution shall be delivered to the County Judge of Lubbock County, Texas. Passed by unanimous tote of the City Oommission this 4th day of April ,1957. /s/ S. S. FORREST, JR., Mayor ATTEST: /s/ LAVENIA LONE City Secretary -Treasurer STATE OF TEXAS X KNOW All, W BY THESE PRESENTS: COUNTY OF LUBBOCK x WHEREAS, the C mesissioners' Court of Lubbock County and the City Ommission of the City of Lubbock find that the acquisition of right-of-way for an expressway approximately twenty-seven (27) miles in length and designated as Loop 289, hereinafter called Loop, encircling the City of Lubbock, is needed to promote public safety, and public necessity and convenience require that acquisition of right-of-way therefor be co-ordinated and cosnmeaced forthwith; that a part of the Loop will be included within existing City limits and the City may from time to time extend its limits during the acquisitioncf such right-of-way so that during such acquisition the authority of the parties hereto may be altered; and that the Texas State Highway Department is to pro- gressively construct the Loop and that the Loop will be an integral part of and form connecting lids with County roads, City streets and thoroughfares, and State highways; THEREFORE, in consideration of the premises; Lubbock County acting herein by and through its ODmissioner's Court, here called COUNTY and the City of Lubbock, a home -rule municipality of Lubbock County, Texas, acting herein by and through its City Commission, here called CITY, do hereby agree as follows: (1) That COUNTY willacquire right-of-way for theXoop within and beyond the corporate limits of the CITY at a cost to the COUNTY not in excess of *00,000.00. COUNTY will acquire right-of- way at such locations as may be requested and designated by the CITY which hereby consents to such acquisition, and in the event COUNTY cannot purchase particular parcels of right-of-way, it will forthwith acquire such right-of-way be copdemnation proceedings where the property is then beyond the corporate limits of the CITY. (2) That CITY will acquire all other right-of-way necessary to coW lete the Loop at the cost of CITY and the acquisition of all right-of-way for the Loop shall be so allocated and distributed between the CITY and COUNTY* that each will share equally in the total cost of acquiring right- of-way unless the cost exceeds a total of $10200,000.00; any cost in excess of $1,200,000.00 will be borne by the pity. (3) It is understood that preliminary engineering and surveys will be made by the Texas Stag Highway Apartment and the entire project will proceed in accordance with Minute Number 38792 o the Texas State Highway Department heretofore accepted by the CITY AND the COUNTY, subject to change in the beginning point of construction, and that the texas State Highway Department will furnish descriptions to CITY and/or COUNTY of land to be acquired for the entire loop, and it is Egreed that attorneys appointed by CITY, subject to approval of the Onnissioner;s Vourt,shall represent COUNTY and CITY and the City Right-of-way Department shall be the central agency for COUNTY and CITY in acquiring such right-of-way. (4) COUNTY and CITY will respectively and timely perform all acts and do all things necessary, Incidental and expedient to providing right-of-way for the loop herein contemplated, consistent with this agreement and with agreements with the Texas State Highway Department including, but not limited to, the appDpriation of funds herein provided for, deerrmine offers to be made for right-of-way property, pass all necessary orders, ordinances and resolutions, and provide authority and assert powers incident to procuring the Loop right -of -sway at the earliest practic- able time, and decide whether appeals shall be made from awards and judgments. All costs, fees, etc. shall be paid by the CITY and COUNTY respectively and included in calculating the total expenditures of each party but in no event shall the COUNTY's share of total expenditures be more than $600,000.00. lkecuted at Lubbock, Texas, this 4th day of April .19570 by the County Judge of Lubbock County hereunto duly authorized and attested -by the County Clerk. LUBBOCK COUNTY /a/ DUDLEY BRU*1ETT County, Judge, Lubbock County, Lutbbak, Texas ATTEST:: /a/ LOUIE F. MOORE County Clerk, Lubbock -County, Lubbock,Texas Ekecuted this day and year last above stated by the Mayor of the City of Lubbock hereunto duly authorized and attested by the City Secretary. CITY OF LUBBOCK 1_sl S. S._FORRBST, - .LR.. .. Mayor, City ,of Lubbock, Lubbock County, Texas ATTEST: /s/ LAVENIA L OWE. City Secretarq 57-16-225-594 Notion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER A gVIT CLAIM. DEED ON BEHALF OF THE CITY OF LUBBOCK TO CERTAIN PROPERTY LY3= AND BEIM SITUATED IN LUBBOCK COUNTY, TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION. BE IT RESOLVED BY THE CITY CISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor be and he is hereby authorized and directed to execute on behalf of the City of Lubbock a quit claim deed conveying to Deems Mallhaney Badsley the fD llowing described property: A tract of land out of Section 4, Block 0, Lubbock County, Texas, more fully described as follows: BHGINNING at a point inthe South line of Section 4, Block 0, said point being 56.0 feet Bast of the Southwest corner of said Section 4, Block 0; THENCE North 390.0 feet to a point; THENCE North 87 00' East, a distance of 44.04 feet to a point; THENCE South a distance of 390.24 feet to a point, said point being in the South line of said Section 4, Block 0; THENCE Went 44.0 feet to the POINT OF BBGINNING. SECTION 2. The City Secretary -Treasurer shall attest such conveyance affixing the seal of the City of Lubbock thereto. SECTION 3. That after such deed has been duly executed and properly attested the same shall be delivered to Deema )bUhaney Nadsley upon her payment to the City of Lubbock the sum of ONE AND N01100 ($1.00) DOLLAR. Passed by the City Commission this 4th day of April .1957. ATTEST: [a/ LAVENIA LOWE City Secretary -Treasurer THE STATE OF TEXAS X COUNTY OF LUBBOCK X [s/ S. S. FORREST, JR., Mayor QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: TIM the City of Lubbock, a Hxge Rule Maicipal Corporation of Lubbock County, Texas, acting by and through its officers heretofore duly authorized 6or and in consideration of the sum of ONE AND N0/100 ($1.00 ) DOLLAR to it cash in hand paid by Deems Mc nhaney Badeley of Lubbock County, Texas, receipt of which is hereby acknowledged and confessed does by these presents BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Deems Me Ibaney Hadaley of Lubbock County, Texas, her heirs and assigns all of its right, title, and interest An and to all that certain lot, tract, or parcel of land I:tidg in Lubbock County, Taxed. described as follows to -wit: A tract of land out of Section 4, Block 0, Lubbock County, Texas, more fully described as follows: BEGINNING at a point in the South line of Section 4, Block 0, said point being 56.0 feet East of the Southwest corner of said Section 4, Block 0; THENCE North 390.0 feet to a point; THENCE North 870 00' Fast, a distance of 44.04 feet to a point; THENCE South a distance of 390.24 feet to a point, said point being in the South line of said Section 4, Block 0; THENCE hest 44.0 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises together with all an(faingular the rights, privileges and appurtenances thereto in any manner belonging unto the said Deema Mallhaney Endsley, her heirs and assigns forever so that neither the City of Lubbock, nor its successors and assigns, nor any person or persons claiming under it at any time hereafter have claim or demand any right, title, or interest to the aforesaid premises or appurtenances or any part thereof. In witness whereof the City of Lubbock has caused its corporate name to be hereunto subscribed by its Msyor and its duly attested corporate seal to be affexed by its Secretary -Treasurer, all .at the City of Lubbock, Texas, this 4th day of April ,1957. CITY OF LUBBOCK BY: /a/ S. S. FORREST, JR., myor ATTEST: / s / LAVE IIA LOWE City Secretary -Treasurer THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared S. S. FORREST, JR., 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 M,YO% for the purposes and cons*ration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 4th day o f April 01957. '- Notary Public, Lubbock County, Texas QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL NO BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT Deems Lt Ilhaney Endsley joined herein by her husband, Cleon B. Eadsley, of Lubbock County, Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLAR to them cash in hand paid by the City of Lubbock, a dome Rule Municipal Corporation of Lubbock County, Texas, receipt of which is hereby acknowledged and confessed does by these presents BARGAIN, SELL, RELEASE, AND FOREVER RUIT CLAM unto the said City of Lubbock, of Lubbock County, Texas, its successors and assigns all of their right, title, and interest in and to that certain lot, tract, or parcel of land lying in the County of Lubbock, State o f Texas. -described as follows, to -wit: BEGINNING at the Southwest corner of Section 4, Block 00 Lubbock County, Texas; THENCE North a distance d:420 feet to a point; THENCE North 860 57' East a distance of 100.13 feet to a point; THENCE South a distance of 30 feet to a point; THENCE West a distance of 44.04 feet to a point; THENCE South a distance 392.31 feet to a point in the South line of said Section 4, Block 0; THENCE West a distance of 56.0 feet to the place of beginning. TO HAVE AND TO HOLD the said premises together with all aid singular the rights, privileges, and appurteneces thereunto belonging unto the said City of Lubbock, its successors and assigns forever so that neither the said Cleon B. Endsley and wife, Deem& it nhaney Endsley, nor their heirs, administrators, and assigns nor any person or persons claiming underthem shall at any time here- after have claim or demand any right, title or interest to the abresaid premises or appurtenances or any part thereof. Witness our hands at Lubbock, Texas, this 4th day of April .1957. Ls/ A eon B. Endslgl I s/ Deema Mc nhaney__Endsley_ _ THE STATE OF TEXAS x COUNTY OF LUBBOCK x BEFORE ME, the undersigned, a Notary Ebblic, in and for said County, Texas, on this day personally appeared Cleon B. EMMY and wife, DEENA W ILHANEY ENDSLEY, both know n to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to and that they each executed the same for the purposes and consideration therein expressed, and the said DEENA McILHANEY ENDSLEY, wife of the said CLEAN B. ENDSLEY, having been examined by me privily and apart from her husband, and wing the same fully explained to her, she, the said DEEM& McILHANEY ENDSLEY 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 4th dayof April .1957. /a/ S. S. FORREST, JR., Wyor ATTEST: /s/ LAVENIA LOWE City Secretary- Treasurer NO FURTHER BUSINESS COMING UP FOR CONSIDERATION THE CITY COMMISSION ADJOURNED ;OVER THIS THE llth DAY OF 2=-% City Secretary -Treasurer 1O57