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HomeMy WebLinkAboutResolution - 5717 - Memorandum Of Agreement & A Deed - TDOHPT - 21,871 Sq Ft - 12_11_1997RESOLUTION NO. 5717 Item #28 December 11, 1997 RESOLUTION 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 a Memorandum of Agreement and a Deed conveying some 21,871 square feet, more or less, of land out of Tract "A", Entrada Del Norte Subdivision of Block Eight (8) and Block Twenty -Four (24), Original Town Addition, to the City of Lubbock, as recorded by Dedication Deed in Volume 5, Page 385 of the Deed Records of Lubbock County, Texas, in favor of the Texas Department of Highways and Public Transportation, said Deed to be in a form that shall be acceptable to the City Attorney of the said City of Lubbock. Passed by the City Council this tb day of npcPmhpv 111997. "-1-2 Y SIT N, MAYOR ATTEST:- Kaythi larnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa Agent APPROVED AS TO FORM: ALaaV44X arold Willard, Assistant C1ty Attorney HW:gs/ccdocs/MemorAg.res November 24, 1997 RESOLUTION N0. 5717 Item #28 December 11, 1997 Texas Department of Transportation ROW-RIN-1 (Page 1 of 4) 9-96 City of Lubbock P.O. Box 2000 Lubbock, Texas 79408 Dear Property Owner(s): MEMORANDUM OF AGREEMENT County Lubbock Highway No. U.S. 82, (East-West Freeway) Location From 2.012 km S.W. of Loop 289, To 1.287 km East of IH-27 Project No. 8005-1-20 CSJ No. 0380-01-053 Account No. 8005-1-20 Parcel No. 198 You have indicated a willingness to sign a deed for your property which consists of 2,031.9 M2 (21,871 Sq.Ft.) of Land out of Tract A, Entrada Del Norte Subdivision of Block 8 and Block 24, Original Town of Lubbock, Lubbock County, Texas located at SW Comer of 4th Street & Texas Avenue. It is important to confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase or the process by which the Texas Department of Transportation (TxDOT) will make payment. The payment of $27,339.00 as herein agreed will constitute full payment to be made by TxDOT for the property to be conveyed to the State. TxDOT and the owner(s) have agreed to the following provisions: Until payment is made by the State, title and possession of the property to be conveyed remains with you. You shall bear all risk of loss to any and all such property prior to such payment. Either you or the State shall have the right to terminate this agreement. That you will execute a general warranty deed to the State conveying a clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the Deed. Save and Except, However, it is expressly understood and agreed that Grantors are retaining title to the following improvement(s) located on the above described property, to - wit: NONE In consideration of the State's allowing Grantors to ccupy the herein described land after its acquisition by the State, Grantors agree that s��h occupancy shall terminate not later MEMORANDUM OF AGREEMENT September 23, 1997 than January 1,1998, subject, however, to such written extensions of times as the State may grant. Such extensions will be granted only upon a showing by Grantors of extenuating circumstances which in the sole opinion of the State will justify such extension. Grantors agree that such occupancy shall be for their benefit exclusively, and the Grantors acknowledge that said occupancy hereunder shall be for their sole benefit and that no payment has been made or is to be made to the State for use of said premises, and that any attempt to assign such benefit, or to lease, rent, sublet, or in any manner suffer or permit occupancy of the land or improvements thereon by a third party shall automatically suspend the operation of this provision, and the State shall then have immediate right of possession. With respect to any improvements located upon said land, title to which is to be acquired by the State, Grantors shall make every reasonable effort to keep such improvements in good repair and shall exercise such diligence as may be necessary to protect same from damage. Grantors acknowledge that they are occupying the premises "AS IS" with all faults. Grantors hereby waive any and all causes of action, claims, demands, damages and liens based on any warranty, expressed or implied, including but not limited to any implied warranty of suitability for a particular purpose and any warranty of habitability. Grantors shall indemnify and hold harmless the State, its successors or assigns and its agents, representatives and employees ("Indemnified Parties"), against any and all proceedings, suits, actions, claims, damages, judgments, liabilities, awards and expenses whatsoever ("Claims") which may be brought or instituted on account of or growing out of any and all injuries or damages, including death, to persons or property relating to any occurrence in, upon, at or from the said premises or any part hereof, and all losses thereto, including but not limited to, all costs of defending against, investigating and settling the Claims. Grantors agree that the State's employees or agents may make inspections of the premises from time to time, and that the State will be notified at the time Grantors vacate the premises. Grantors hereby acknowledge that their use of and access to the expressway lanes to be constructed in conjunction with the highway facility of which the land hereby conveyed shall become a part, shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof, and Grantors further acknowledge that the design and operation of such highway facility as a Controlled Access 2 MEMORANDUM OF AGREEMENT September 23, 1997 Highway require that access from Grantors' remaining property to said highway facility shall be governed henceforth as indicated in Paragraphs (A) and/or (B) hereinbelow; and all abutters rights, including rights of ingress and egress and the right of direct access to and from Grantors' remaining property to said Controlled Access Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and relinquished insofar as they appertain to Paragraph (B) hereinbelow: (A) Access to and from Grantors' remaining property will be permitted: To the South remainder abutting the Highway facility (B) Access to and from Grantors' remaining property will be denied: Access will not be denied After the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation as determined through eminent domain proceedings to acquire real property, you will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the property for use by the Texas Department of Transportation. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and similar expenses incidental to conveying the real property to the Department and (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. You may file a written request for review if you believe that the Department failed to properly determine the eligibility for or the amount of incidental expenses to be reimbursed. There is no standard form on which to request a review of a claim; however, the claim must be filed with this office within six months after you are notified of the Department's determination on any claim for reimbursement. The payment of the amount herein stated and the terms provided constitute the only promises, consideration and conditions of this purchase; and, no other promises, consideration or conditions have been signified or implied, save and except any benefits which may accrue to you under the State's Relocation Assistance Program and the mutual benefits to be derived by you and the Texas Department of Transportation from the signing 3 WILSON. SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH County: Lubbock Account No: 8005-01-20 CSJ No: 0380-01-053 Highway No: U.S. 82 Parcel No: 198 Grantor. City of Lubbock, Texas EXHIBIT "A" Being 2,031.9 M2 (21,871square feet) of land out of Tract A, Entrada Del Norte Subdivision of Block 8 and Block 24, Original Town, City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 5, Page 385 of the Deed Records of Lubbock County, Texas, and being4he same property conveyed by deed dated June 25, 1975 by Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas to the City of Lubbock, Texas and recorded in Volume 1431, Page 828 of the Deed Records of Lubbock County, Texas, which said 2,031.9 M2 (21,871square feet) of land is more particularly described as follows: BEGINNING at a %" Iron Rod with Cap, set for the Southwest and beginning comer of this parcel whence the Northeast corner of Lot 24, Block 7, Original Town bears North 02° 1704" East 8.403 meters (27.57 feet); (1) THENCE North 02° 17'04" East, along the East fine of Block 7, Original Town, a distance of 6.892 meters (22.61 feet) to a '/2" Iron Rod with Cap, set in the existing South Right -of -Way line of U.S. Highway 82 (4th Street) for the Northwest corner of this parcel; (2) THENCE South 89" 19'10" East , along the existing South Right -of -Way line of U.S. ITighway 82 (4th Street), at a distance of 30.489 meters (100.03 feet) pass a found 3/8" Iron Rod, continuing for a total distance of 58.226 meters (191.03 feet) to a W' Iron Rod with Cap, set for a corner of this parcel; (3) THENCE South 87°49'10" East, along the existing South Right -of -Way line of U.S. Highway 82 (4th Street), a distance of 34.708 meters (113.87 feet) to a Railroad Spike, set for a comer of this parcel; PAR198x.DOC (806) 792-4731 • Fax (806) 792-1646 - 3330 70th Street, Suite 201 Lubbock, Texas 79413 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA . UTAH (4) THENCE Southeasterly along the arc of a curve to the right, an arc distance of 16.307 meters (53.50 feet) to a Railroad Spike, in the existing Westerly Right -of -Way line of Texas Avenue for a comer of this parcel, said curve has a Radius of 9.144 meters (30.00 feet) and a chord that bears South 36°43'35" East 14.231 meters (46.69 feet); (5) THENCE Southwesterly along the are of a curve to the right, the existing Westerly Right -of - Way line of Texas Avenue, an arc distance of 31.324 meters (102.77 feet) to a'/2" Iron Rod with Cap, set for the Southeast corner of this parcel, whence the Southwest comer of Lot 13, Block 8, Original Town bears South 02° 1704" West 54.224 meters (177.90 feet) and North 87'49'10" West 17.718 meters (58.13 feet), said curve has a Radius of 160.804 meters (527.57 feet) and a chord that bears South 19°5649" West 31.276 meters (102.61 feet); (6) THENCE North 22 ° 28'41" West, along the Proposed Right -of -Way line of U. S. Highway 82, a distance of 11.445 meters (37.55 feet) to a ''/2" Iron Rod with Cap for a set corner of this parcel; (7) THENCE North 72°4634" West, along the Proposed Right -of -Way line of U.S. I1"ighway 82, a distance of 53.191 meters (174.51 feet) to a '/_" Iron Rod with Cap for a set corner of this parcel; (8) THENCE Northwesterly along the arc of a curve to the left, the Proposed Right -of -Way line of U.S. K'ighway 82, an arc distance of 37.058 meters (121.58 feet) to the P.O.B., said curve has a Radius of 491.954 meters (1614.02 feet) and a chord that bears North 74 ° 56'03" West 3 7.052 meters (121.56 feet). A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND JUKE, 1996 �E oF,rF �P o`5rF9C9 �.� o o .............. .......... GAW D. W LS50� REGISTERED P FESSIONAL LAND SURVEYOR � 0).,..�1�'D S o��yoQ. S�R� Note: English units are provided for information only. PAR198x.DOC 2 (806) 792-4731 • ` Fax (806) 792-1646 . 3330 70th Street, Suite 201 • Lubbock, Texas 79413 , Trams Depar n a t of Trarnportatim Form D-IS-12 (Partial Taking) Page 3 of 4 Rey. 9 91 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the 11 th day of December , 1997 City of Lubbock By: WINDY SITTON Title: YOR Attest: a thie Darnell C y Secretary *s****s*******ss***************s**************s***ss************************ss***ss*s*****s f!!!!lfffffffffflflflflfflf#lfffffiflfitlffffff#fff!iffff!!#ff#f!iffffflf!!lfffflf!!!lfff!!!f!!!lfffiffflffflf CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF Lubbock } BEFORE ME, the undersigned, a Notary Public, on this day personally appeared WINDY S ITTON Mayor of the City of Lubbock , !mown to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Lubbock 7jobYy that he/she was duly audxmzed to perform the same by appropriate Cit of Lubbock resolution KFARNWIKU and that Wshe executed the same as the act of Iifor the purposes therein expressed, and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _day of ig 97 _� % xza�uu�oau:axuon�roori.. Notary Public, State of texas GUADALUPE R GARCIA Notary Pubttt., State of C �� /' ! expires on the day of l q : 5e My Commission Expires 5-01.98 4 •�. F pF Tams Departmerri of Traroportation Form D-13-12 (Partial Taking) Page 2 of 4 Rey. 9191 Grantors hereby acknowledge that their use of and access to the expressway lanes to be constructed in conjunction with the highway facility of which the land hereby conveyed shall become a part, shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof, and Grantors further acknowledge that the design and operation of such highway facility as a Controlled Access Highway require that access from Grantors' remaining property to said highway facility shall be governed henceforth as indicated in Paragraphs (A) and/or (B) hereinbelow-, and all abutter's rights, including rights of ingress and egress and the right of direct access to and from Grantors' remaining property to said Controlled Access Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and relinquished insofar as they appertain to Paragraph (B) hereinbelow: (A) Access to and from Grantors' remaining property will be permitted: To the South remainder abutting the highway facility (B) Access to and from Grantors' remaining property will be denied: Access will not be denied GRANTEE'S ADDRESS: Texas Department of Transportation, ROW Dept., P.O. Box 771, Lubbock, TX 79408 RESOLUTION No. 5717 Item #28 December 11, 1997 After recording, please return this instrument to:TxDot, ROW Dept., P.O. Box 771, Lubbock, TX 79408 Teaas Departnint of Transportation Form D-15-12 (Partial Taking) Page 1 of 4 Rev. 9,91 DEED Acct No. 8005-1-20 Controlled Access Highway Facility Parcel No.198 THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the Texas Transportation Commission has been authorized under House Bill 179, Acts of the 55th Legislature, Regular Session, 1957 (Article 6674w-1, et seq., Vernon's Annotated Civil Statutes of Texas) to purchase land and such other property rights deemed necessary for the purposes of facilitating the construction, maintenance and operation of Controlled Access Highways; and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary by the Texas Transportation Commission for the purposes of facilitating the construction, maintenance and operation of a Controlled Access Highway facility; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, the City of Lubbock of the County of Lubbock, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Twenty Seven Thousand, Three Hundred Thirty-nine and No/100 Dollars ($27,339.00) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these'presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, more particularly described in Exhibit "A", which is attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit "A", to wit: NONE Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. MEMORANDUM OF AGREEMENT September 23, 1997 of this agreement. The State, without cost to you as the owner, will pay the cost of recording all instruments conveying title to the State. It is suggested that you carefully review the proposed Right of Way Deed and satisfy yourself as to its provisions. With your signing of this agreement and execution of the Right of Way Deed, the State will proceed with the issuance of a State warrant, which will be made out jointly to you and to Stewart Title of Lubbock, Inc. agent for Stewart Title Guaranty Company. This Company has been designated as the State's dosing agent and is responsible to see that TxDOT obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. Sincerely, ®R.Ut ley, P.E. gineer, Lubbock District Texas Department of Transportation "I (We) fully understand the Texas Department of Transportation's proposal as contained in this agreement and hereby acknowledge receipt of the brochure entitled "Relocation Assistance." I (we) understand that relocation assistance benefits are handled entirely separate from and in addition to this transaction and agree that my (our) execution of the Right of Way Deed is based on this understanding." City f Lubbock V.I.D. No. 17560005906 By: WINDY SITTON Title A st: MAYOR Date CRUCtb Kayt i Darnell City ecretary 4 MAP IN FILIE SEE RESOLUTION PARCEL No. 198 TOTAL AREA: 6,606.6 M2 (7191 13 SQ. FT.) R.O.W. ACQUISITION: 2,031.9 M2 (21,871 SQ. FT.) REMAINDER: 4,574.7 M2 (49,242 SQ. FT.) 24 \___TwIS_P0_lNTBDR S 5 2'17'04" W \8.40.E m (27.57') FROM THE ORIGINAL N.E. CORNER LOT 24, BLOCK 7, 0_T. LUBBOCK 23 (VOL. 994, PG. 602) \ 22 I.J.S. 82 UNDERPASS RETAINING WALL 89a19I V E 58.226 m 191.032 E _ 30.489 m 100A3' �^ FD. 3/8" 27.737 m (9 01 0') I.R. N �p Cep N v MONITORING WELL H STREET) MONITORING WELL f= � M R=491.954 m (1614.02') t2 E L= 37.058 m (121.581) a, CH.BRG.=N 74056-03" W 37.052 m (121.56') cV L1J ^ LJ Z E dLJ ' MANHOLE 14m N PROPOSFp 41.zWR. 0,W I 53,1 'r? LEGAL DESCRIPTION: TRACT "A", ENTRADA DEL NORTE SUBDIVISION OF BLOCK EIGHT (8) AND BLOCK TWENTY-FOUR (24), ORIGINAL TOWN, CITY OF LUBBOCK (VOL. 1431, PG. 828) 49' i 0" 34.708 m (113.87') ,f_ SET R. . 'I' SPIK R=9.144 m (30.001) - 6.307 m (53.50') MPNI OR1NG CH.S . 36043.35' E WELLa 14.2 4 .69') R=160. 04 m (527.57') L=31.3 4 m (102.77') CH.8RG =S 19°56'49" W 31.276 In (102.61) ITRACT "A" NO IMPROVEMENTS N 22025.41" (577 .58') 48.6 '} ;8'45 ' W m (1 S. 67') R 1761.620 m (5779.58') L 1.826 m (5.99') C .BRG.=N 39*12-45" W i .826 m (5.99') N 87°42'56" W 9.458 m (31,0 ')o PLAT CALL 35.o' FU. 318" 4 v I.R. Q E h o Yi N N Oi n � s S 87*42'56" E ti 2.496 m (8.19') 0 PLAT CALL 6' 11.445 m (37.55') R=160.804 (527.57') L=21.190 In (69.52') CH. RG.=S 9018'10" W 21.1 4 m (69.47, z Z W s 0 o /J i' q ?� A � by QO' 10 N 1p �hO 1 I.R. R=1761.620 m (5779.58') - L=29.413 m (96.50') 6,096t(20,) EMENT CH.BRG.=N 38021'42" W 29.413 m (96.50') A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. SURVEYED ON THE GROUND JUNE, 1996 rC? - te' QARY 6. WILSON ... ,r:,O 4239 �pQ SET R.R. SPIKE R=160.804 m (527.57') L=52.514 m (172.29') CH.BRG.=S 23043'19" W 52.282 In (171.53') 64.731 m (212.37') RT. STA 15+345.663 THIS POINT BEARS N 2°17'04" E 54.224 m (177.901) AND S 87°49'10" E 17.718 m (58.13') FROM THE S.W. CORNER OF LOT 13, BLOCK 8, O.T. LUBBOCK SCALE = 1 :400 • = SET 1 /2" ROD W/ CAP E = SET 1 /2" ROD W/ CAP PROPOSED R.O.W. EXISTING OR W. III CONTROL OF ACCESS LINE BASIS OF BEARINGS: BEARINGS ARE GRID BEARINGS BASED ON INTERSTATE 27 CONTROL POINTS AS ESTABLISHED BY TxDOT FROM LAMBERT GRID SYSTEM, NAD 27, TEXAS NORTH CENTRAL ZONE. NOTE: ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY. REGISTERED 140FESSIONAL LAND SURVEYOR /2-141_;�-g(10.