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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/13/1954RECESSED REGULAR MEETING March 13, 1954 Lubbock, Texas The City Commission of the City of Lubbock, Texas, met at 10:00 A.M. in recessed regular .session, recessed from Regular Meeting of March 11, 1954, at the regular meeting place in the City Hall, the following members thereof, being present to -wit: Mayor Murrell R. Tripp, Commissioners Hurley Carpenter, L. E. Davis, Lucian Thomas, City Manager Steve Matthews, Acting City Attorney W. L. Somers, City Secretary -Treasurer Lavenia Lowe. Absent: Commissioner Harry Morris. 5L,-12r•42L,_7$9 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, cane voting Nay, the follow- ing Resolution was passed. R E S O L U T I O N WHEREAS, on March 3, 1954, at a called meeting of the City Commission in the City Hall at Lubbock, Texas, FRONIA S. JOHNSTON, a feme sole, submitted a written proposal to the City Commission for a conveyance, exchange and quit claim of certain lands in which the said FRONIA S. JOHNSTON claims some right, title and interest, all as set out in said proposal and after having considered said proposal, the City Commission conditionally accepted the same, such conditions being accepted and approved by FRONIA S. JOHNSTON in writing under date, the 4th day of March, 1954, the Proposal, conditional acceptance and approval of such condition constituting the full agreement between the parties being of record in the City Commission Minute Book 12 at Page 387; and, WHEREAS, following the time the agreement hereinabove mentioned was entered into by said parties, FR0I4IA S. JOHNSTON made a demand of the City for (1) ten (10) small houses rather than the agreed seven (7) small houses which were to have been moved on the property to have been conveyed to FROI4IA S. JOHNSTON under the terms of said agreement for barns and (2) the said FRONIA S. JOHNSTON further demanded that the City do away with and otherwise remove a storm sewer drainage easement which runs more or less east and west across the south part of said tract of land to have been conveyed to her under said agreement, contrary to the terms and express provisions of said agreement, the said drainage easement having been expressly mentioned and agreed to have been reserved by the City from said conveyance and also being shown and designated on a plat of the property attached to said agreement approved in writing by the said FRONIA S. JOHNSTON; and, WHEREAS, at a called meeting of the City Commission at City Hall on the 13th day of March, 1954, the said FRONIA S. JOHNSTON appeared before the Commission in person and present- ed the above stated demands and declared that she would not go through with and perform said agreement unless the City of Lubbock met and complied with the demands set forth above out- side of and contrary to the written agreement as of record as aforesaid; and, WHEREAS, the City Commission finds that upon the basis of the declared intentions and repudiation of said agreement by FRONIA S. JOHNSTON that it would be in the bdst interest of the public to abandon said written agreement rather than to seek specific performance thereof through legal process, and instead, attempt to renelgotiate a settlement of the controversy upon which said agreement was based and if necessary, institute proceedings under the City's powers of eminent domain for the acquisition of the said FRONIA S. JOHNSTON'S interest in that part of the property described in said Proposal needed immediately for right-of-way purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CONI-dSSION OF THE CITY OF LUBBOCK: THAT the written agreement entered into by and between the CITY OF LUBBOCK and FRONIA S. JOHNSTON of record in the City Commission Minute Book 12, Page 387, to which reference is here made for all purposes, said written agreement having been repudiated by the said FRONIA S. JOHNSTON, is hereby abandoned by the governing body of the CITY OF LUBBOCK, such agreement to be of no further force and effect and to be hereafter in all things held for naught. THAT the right-of-way agent for the CITY OF LUBBOCK is hereby authorized and directed to have an appraisal made by the Lubbock Real Estate Board's Appraisal Committee to ascer- tain the value of the;roperty and improvements situated within the area needed for right-of- way purposes for the new 4th Street multi -lane highway to be constructed by the State Highway Department, and also, appraise the value of the entire property in which the here- inabove mentioned FRONIA S. JOHNSTON claims any interest, title or right. On motion of Commissioner Davis, seconded by Commissioner Carpenter, the foregoing Resolution was passed on this the 13th day of March, 1954, by the following vote: Commissioners voting "YEA": Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None /sl Murrell R Trite N iURRELL R. TRIPP, Mayor ATTEST: ls/ Lavenia Long _ Lavenia Lowe, City Secretary -Treasurer WIS:gf (3-17-54) 54-12�425-.290 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS, the CITY OF LUBBOCK is in the process of securing right-of-way necessary for new highway to be constructed by the Texas State Highway Department, possession of all of such right-of-way being necessary by March 20, 1954; and, WHEREAS, TONY A. UILSON is the owner of a certain tract herein described necessary for such highway and unless possession thereof be obtained by the CITY by March 20, it will be necessary to institute condemnation proceedings immediately but both parties believe that continued negotiations will result in peaceable acquisition thereof and the said TONX A. GILSON has agreed to deliver possession to the CITY OF LUBBOCK at this time pending final agreement on the terms of its purchase provided the CITY will agree to institute condemnation proceedings in the event the parties fail to agree within sixty (60) days and that should the CITY fail to so institute said proceedings within such time the land and possession will revent to the said TONY A. GILSON or at his option he may file suit for damages; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COFx1ISSION CF THE CITY OF LUBBOCK: THAT the Mayor BE, and he is hereby, authorized and directed to execute an agreement in writing with TONY A. GILSON for immediate possession of the following described tract of land, t o-wit : Being a part of Lot One (1), Block Fourteen (14), Original Town of Lubbock, Lubbock County, Texas, more -particularly described by metes and bounds as follows: BEGINNING at a point in the West line of Lot One (1), Block Fourteen (14), Original Town of Lubbock; 19.09 feet South of the Northwest corner of said Lot 1; THENCE Southeasterly a distance of 23.11 feet to a point in the South line of said Lot 1; THENCE West along the South line of said Lot' 1, a , distance of 16.73 feet to a point, said point being 5.33 feet east of the Southwest corner of said Lot 1; THENCE Northwesterly a distance of 5.58 feet to a point in the West line of said Lot 1, said point being 1.67 feet North of the Southwest corner of said Lot 1; THENCE North along the ;rest line of said Lot 1, a distance of 5.24 feet to the POINT OF BEGINNING, Containing 71.77 square feet of land. Upon the condition that should the CITY and the said TONY A. GILSON fail to agree upon the damages for its taking for highway purposes within sixty (60) days the CITY OF LUBI�OCK will institute within five (5) days thereafter condemnation proceedings or should the CITY fail so to do then the tract of land and possession thereof shall revert to the said TONY A. GILSON or at his option he may file suit for damages for its taking for highway purposes. It is also understood and agreed and shall be �;o stated in said agreement, that the delivery and surrender of possession of said tract of land by TONY A. GILSON shall be without pre- judice to him in any way in the event condemnation proceedings or suit as hereinabove mentioned shall ever be necessary. On motion of Commissioner Thomas, seconded by Commissioner Carpenter, the foregoing Resolution was passed on this the 13th day of March, 1954, by the following vote: Commissioners voting "YEA": Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None IsZ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: Ls/ Laveni.a Lower Lavenia Lowe, City Secretary -Treasurer WLS:gf 3-15-54 C O N T R A C T THE STATE OF TEXAS � COUNTY OF LUBBOCK WHEREAS, the CITY OF LUBBOCK, Texas, is in the process of acquiring right-of-way for the construction of a new highway to be constructed by the Texas State Highway Department; and, WHEREAS, it is necessary that possession of all. needed right-of-way be obtained by the CITY OF LUBBOCK by Karch 20, 1954; and, WHEREAS, a certain part and parcel of land needed for said right-of-way is owned by TONY A. GILSON with whom the CITY OF LUBBOCK has been negotiating for the acquisition of - said property and both parties to such negotiations believe that continued negotiation should result in a peaceable acquisition and purchase of said property but that unless possession be given to the CITY OF LUBBOCK at the present time the said City will be forced to file condemnation proceedings immediately; NOW, THEREFORE, KNOW ALL IviEN BY THESE PRESENT'S: THAT TONY A. GILSON, hereinafter called GILSON and the CITY OF LUBBOCK, a Home Rule Y.unicipal borporation of Lubbock County, Texas, hereinafter called CITY agree with one another as follows: (1) That Gilson by these presents delivers possession of the following describ- ed tract of land to the CITY OF LUBBOCK, said land being described as follows to -wit: Being a part of Lot One (1), Block Fourteen (14), Original Town of Lubbock, Lubbock County, Texas, more particulary described by metes and bounds as follows: BEGINNING at a point in the West line of Lot One (1), Block Fourteen (14), Original Town of Lubbock, 19.09 feet South of the Northwest corner of said Lot 1; THENCE Southeasterly a distance of 23.11 feet to a point in the South line of said Lot 1; THENCE West along the South line of said Lot 11 a distance of 16.73 feet to a point, said point being 5.33 feet East of the Southwest corner of said Lot 1; THENCE Northwesterly a distance of 5.58 feet to a point in the West line of said Lot 1, said point being 1.67 feet North of the Southwest corner of said Lot 1; THENCE North along the West line of said Lot 1, a distance of 5.24 feet to the POINT OF BEGINNING, Containing 71.77 square feet of land, Upon the express understanding that'such delivery of possession shall not in any way or manner or the execution of this Contract prejudice him in any condemnation proceeding or other act onIthat may result for the appropriation of such land for highway purposes by said City. (2) City agrees to continue negotiation for the peaceable purchase of said lanoor such purposes and settlement for any damage %Xe ion arising out of such appropriation for a period of sixty (60) days and agrees not to file condemnation proceedings during that period 6f time. (3) City agrees that if peaceable settlement of the acquisition of said land is not had within said term of sixty (60) days then within five (5) days from the date of expiration of said period of time it will institute condemnation proceedings for the acquisition of said property in regular statutory manner. (4) It is understood and agreed by both parties that should the City fail to take such action irit hin the time prescribed in Item 3 above, then the hereinabove described tract of land shall revert in all things to Gilson and the City shall surrender possession thereof to him or at Gilson's option rather than recover possession of said tract of land, he may institute proceedings for damages for the appropriation thereof for highway purposes by the CITY OF LUBBOCK. IN WITNESS WHEREOF we have hereunto executed this Contract at Lubbock, Texas, this, the 13th day of March, 1954. CITY OF LUBBOCK BY f sL Murree 1 R• Tr_iPP MURRELL R. TRIPP, Mayor ATTEST: ,/s-/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer /s/ "Tony A. Gilson TONY A. GILSON THE STATE OF TEXAS �( COUNTY OF LUBBOCK BEFORE M, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared TONY A. GILSON, known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER kY HAND AND SEAL OF OFFICE, this 13th day of March, A. D., 1954. s J. A. Xq, marc (SEAL) Notary Public, Lubbock County, Texas. THE STATE OF TEXAS Q COUNTY OF LUBBOCK �( BEFORE MEN the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPPp 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 there in expressed, and in the capacity therein stated. GIVEN UNDER LY HAND AND SEAL OF OFFICE, this 13th day of March, A. D..' 1954. Is/J. A. . _Maynard Notary Public, Lubbock County, (SEAL) Texas. No further business coming up for consideration, the City Commission recessed to meet March, 17, 1954, at 10:00 A.M. Read and approved, this the 25th day of La nia Lowe, C ty Seer tary-Treasurer March , 1954 WYJAF. VA