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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/3/1954RECESSED REGULAR MEETING Lubbock, Texas J March 3, 1954 The City.Commission of the City of Lubbock, Texas, met at 1:30 P.M. in recessed regular session recessed from Regular Meeting of February 25, 1954, at the regular meeting place in the City Hall, the following members thereof being present to -wit. - Mayor Murrell R. Tripp, Commissioners Harry Morris, Hurley Carpenter, L. E. D5vis, Lucian Thomas, City Manager Steve Matthews, Acting City Attorney W. L. Somers, City Secretary - Treasurer Lavenia Lowe. Absent. None 54-12-387-7a There was discussion by the City Commission of Auditorium -Coliseum plans, but no action was taken. 54-12-387-745 The City Manager discussed with the City Commission the use of IBM machines by the City of Lubbock and it was unanimously agreed by,the City Commission to allow the Ial Co. to make survey in this regard with the understanding that the survey will be made at no cost to the City of Lubbock and that the City will be under no obligation to use the equipmentp because of the survey having been made. 54-12-387-746, There was discussion of the proposal of Sam H. Allred to sell the City land to be used as right-of-way for Avenue Q Northeast, and it was unanimously agreed by the City Commission to request a proposal from Mr. Allred covering all of Lots 27 - 30, Block 31, Easley Sub- division instead of the 5396 sq. ft. heretofore proposed. 54-12-387-747 Proposal returned to John Scott R.0 W. Dept . 3-5-54 PR0P0S.A.L , To: The City Commission City of Lubbock Lubbock, Texas Gentlemen. - I.. FRONIA S. JOHNSTON, a feme_sole, submit the following Proposal to the CITY OF LUBBOCK to effect a transfer and exchange of lands owned by me, or in which I claim an interest, all as set forth below: I propose to exchange and convey unto the City of Lubbock by Quit -Claim Deed all of Lots Eight (8) and Nine (9) of Block Sixteen (16), Original Town of Lubbock; also to exchange and convey by Quit -Claim Deed all of thattract or parcel of land situated and being east of the west boundary line of Block Sixteen (16), Original Town of Lubbock, according to the plat thereof of record in Volume 5, page 385, Lubbock County Deed Records, and west of the east boundary line of Section One (1), Block 0, Lubbock County, Texas, said strip or tract of land being more particularly described as follows, to -wit: BEGINNING at a two-inch (211) iron pipe set for the Northeast corner of Section One (1), Block 0; THENCE South along the east line of said Section One (1), Block 0, a distance of 476.8 feet, more or less, to a point in the east line of said Section 1, Block 0, 25.5 feet east of the Northeast corner of Block 32, Original Town of Lubbock, Lubbock County, Texas; THENCE West a distance of 25.5 feet to the said Northeast corner of Block 32, Original Town of Lubbock; THENCE in a northerly direction along the east boundary line of the Original Town as shown by the plat thereof to the north boundary line of Section 1, Block 0, in all a distance of 476.8 feet, more or less; THENCE East to the PLACE OF BEGINNING. In the event the Proposal should be accepted by the City of Lubbock, I agree to perfect a good and merchantable title to said hereinabove described tracts of land. In addition to the conveyance and exchange of property above described, I propose to execute and deliver to the City of Lubbock a Quitclaim Deed to any and all property situated and located north of the south boundary line of Fifth Street extended to the east line of Section 11 Block 0, east of the New Avenue A right-of-way, commonly called Amarillo Road, and south of the north boundary line of Section 1, Block 0. I further propose, as a part of this entire transaction, to leave and abandon all build- ings, improvements and other obstructions claimed by me that are situated on any of the property hereinabove described or mentioned EXCEPTING only livestock and those personal house- hold goods and possessions that I desire to move with me to the new location set forth below. The hereinabove conveyances, exchanges and quitclaim of property are conditioned upon the City of Lubbock's doing the following: (1) Exchange and convey unto me the following described tract or parcel of land out of Section Three (3). Block 0, Lubbock County, Texas, and more particularly described as follows: All that tract of land described as 111st Tract" sold by E. Gililland by deed dated September, 1924, and recorded in Volume 89, page 213, Lubbock County Deed Records on September 19, 1924, as follows: 1st Tract: Beginning at a 1�" galvanized iron pipe -set for the S. E. corner of a tract of land sold by E. Gililland to the City of Lubbock, described in deed recorded in Vol. 87, page 199, Lubbock County Deed Records; the SW corner of this tract; Thence N. 89 deg. 25f E. 880 feet to the center of creek; Thence in a northwesterly direction following center of creek about 500 feet; Thence N. 85 Deg. 511 W. 640 feet to iron pipe near foot of hill in the East line of tract described in Vol. 87, page 199, above mentioned; Thence South 480 feet to the point of beginning, and containing 7.98 acres, more or less. Save and except that portion granted to the State of Texas for Highway pur- poses off and along the South side described as follows: Beginning at a 1�" galvanized iron pipe set for the S.E. corner of a tract of land sold by E. Gililland to the City of Lubbock, described in deed recorded in Vol. 87, page 199, Lubbock County Deed Records, for the southwest corner of this exception; Thence N. 89 Deg. 25 Min. East 880 ft. to the center of creek; Thence in a northwesterly direction following center of creek about 210 ft* to a point in the north line of the highway right-of-way; Thence westerly along the highway right-of-way, a distance of 190 ft,, more or less, to an angle point; Thence continuing westward with the said right-of-way line, a distance of 635 ft., more or less, to a point in the west line of the 111st Tract" above described; Thence south 127.2 ft. to the point of beginning, containing approximately 147,800 sq. ft. leaving 4.58 acres for conveyance. Also, all that tract of land out of a tract sold by E. Gililland to the City of Lubbock as described by deed recorded in Vol. 872 page 199, Lubbock County Deed Records described as follows: Beginning at the northeast corner of the above stated deed; Thence N. 520 28' W., 353.0 ft., more or less, to a point; Thence south 564.0 ft., more or less, to a point , said point being in the north line of Compress Avenue; Thence S. 61000' E., 254.0 ft., more or less with the north line of Compress Avenue to a point in the north line of State Highway Right -of -Way line (East 19th Street); Thence N. 88 021 E. with the said highway right-of-way line 69.5 ft., more or less, to a point in the east line of the parcel of land as recorded in Vol. 87, page 199; Thence north 464.0 ft., more or less to the point of beginning and containing 3.50 acres, more or less. In addition to the above, an additional 2 acres is to be conveyed which lies North of the above described. The areas to be conveyed, the 4.58 plus 3.50 acres, plus 2.0 acres, shall be subject to perpetual easement, for sanitary sewer linesq location to be established, also drainage easement to be established when deed drafted. The City to deliver a Special Warranty Deed and perfect good and merchantable title thereto. (2) The City of Lubbock shall construct a woven wire fence around the property herein - above described to be conveyed. f (3) The City of Lubbock shall move stven (7) small/houses purchased by it from Mr. Al OtBrien in connection with right-of-way acquisition for the widening of Avenue Q Northeast, to new location and they shall be placed on said property for barns. A new 4 room living quarters (bedroom, living room, kitchen and bath) and six pens, size 101x 151, are to be built in connection with these barns by the City of Lubbock, the location and approximate design of the living quarters and urns with fencing shall be as shown on the attached plat, marked "Nxhibit A" and made a part of this Proposal. (4) The City of Lubbock shall extend to and provide the living quarters with water, gas and light utility facilities, and shall provide adequate sewerage facilities. . In the event this Proposal should be accepted with the conveyance and quitclaim of property to the City of Lubbock by the undersigned, all as set forth above, in consideration of the City's doing and performing those things set forth in Items (1) through (4) above, I. FRONIA S. JOHNSTON, agree to donate the sum of $2000 when transactions are complete. As a further consideration for the Proposal herein contained, the City of Lubbock shall pay to me a cash consideration of Ten Thousand and no/100 Dollars, such cash consideration to be paid at such time as the transition of all_ properties and improvements have been M>mpleted and I deliver to the City of Lubbock a complete and final release of all contractual obliga- tions created by virtue of its acceptance of this Proposal. It is understood that work shall commence at once and be completed without undue delay. This Proposal is submitted to the City Commission with the understanding that no person has authority to bind or obligate the City of Lubbock, and no representation or agreement not expresslav contained in writing, signed by the Mayor and attested to by the City Secretary, shall be binding andn obligation on the part of the said City of Lubbock. Respectfully submitted, this the 2 day of March, 1954, FRONIA S. JOHNSTON THE STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Fronia S. Johnston, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 2nd day of March, 1954. 1-4Z. A112PT1 L. Field - -- -- - — Notary Public, Lubbock County, Texas Albert L. Field, Notary Public The 3d day of March, 1954 at a called meeting of the City Commission of the City of Lubbock, Texas, came on to be considered the above and foregoing Proposal of FRONIA S. JOHNSTON, a feme sole, dated the 2d day of March, 1954, together with the attached "Exhibit A," being a part of said proposal, and upon motion of Commission Thomas, seconded by Commissioner Carpenter, said proposal was unanimously accepted; conditioned, however, that immediate possession of all of the property therein described to be quitclaimed by the said FRONIA S. JOHNSTON to the CITY OF LUBBOCK be delivered effective upon the approval and acceptance by the said FRONIA S. JOHNSTON of these conditions, such property being needed immediately for right-of-way purposes for a State Highway construction project; that it is understood and agreed by the parties hereto this agreement by mutual understanding constitutes a settlement and compromise of the efforts by the CITY OF LUBBOCK in acquiring the interests and title of the said FRONIA S. JOHNSTON in certain lands described in said proposal needed by said City for right-of-way purposes, and the submission of said proposal and this accept- ance thereof shall never be construed so as to prejudice either of said parties, rights, title and interest in and to any of the said property in the event this agreement should ever be repudiated, voided or abandoned by the parties. WITNESS THE HAND of the CITY OF LUBBOCK., a Home Rule Municipal Corporation, at Lubbock, Texas, this the 3rd day of March, 1954. CITY OF LUBBOCK ATTEST: /§/ Lavenia Lowe — - - ---__ Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 6th day of March, 1954. (SEAL) —1.sl Al Qr.t 1. Fie]A Notary Public, Lubbock County, Texas I, FRONIA S. JOHNSTON., a feme sole, by these presents do approve, accept and consent to the conditions hereinabove stated and set forth to the acceptance by the CITY OF LUBBOCK of my Proposal submitted to its governing body, dated the 2d day of March, 1954: and herewith give and grant possession of the property to be quitclaimed by me to the CITY OF LUBBOCK to said City for right-of-way purposes, as required. DONE at Lubbock, Texas, this 6th day of March, 1954. /s/ Fronia S__.ohn tort FRONIA S. JOHNSTON THE STATE OF T EXAS COUNTY OF LUBBOCK BEFORE NE, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared FRONIA S. JOHNSTON., a feme sole, known to me to be the person whose name is subscribed to the foregoing instrument, acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE., This 6th day of March , 1954. (SEAL) /s/ Albert L. Field Notary Public, Lubbock County.. Texas