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HomeMy WebLinkAboutResolution - 598 - Joint Dedication Deed- NW Developers- Tracts A & B, Lots 1-187, Shadow Hills Add - 08/28/1980JWF:pc � RESOLUTION #598 - 8/28/80 uxenT TTmTnTa Be it resolved by the City Council of the City of Lubbock: That the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City a Joint Dedication Deed with North- west Developers, Inc., for the Plat and Dedication of Tract A, Tract B, and Lots 1-187 (inclusive), Shadow Hills, an addition to the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of this City Council, and which shall Constitute a part of this resolution as if fully copied herein in detail, the City of Lubbock being the owner of proposed Tract A above referred to herein. PASSED by the City Council this 28th day gus , 1 0 1 - BI cALISTER, MAYOR ` ATTEST: y Eve Ga ga, Cit ary-Treasure APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: I/ J. qth Fullingim, Assistant ty Attorney hYYXYk�t}� _ . i�401 Af.'�er, rc:curcxzng, ieturn to ;i . � �'� �kx�l�C�'�.�'!cs�.•:b 4xn; l,�woucK t'cxas 'CITY SECRETARY - P.' 0. ,tox 2000_ 79457--- STATE 9+57---STATE OF TEXAS PLAT AND DEDICATION COUNTY OF LUBBOCK NORTHWEST DEVELOPERS, INC., a Texas corporation, acting herein by and through its duly authorized undersigned officers, being the sole owner of the following described property, to -wit: A tract of land containing 67.4565 net acres, located in Section 2., Block J -S, Lubbock County, Texas, and being 68.736 acres described in "Exhibit One", which is attached hereto and incorporated herein by reference for a more particular description thereof, SAVE AND EXCEPT a 1.2795 acre tract of land out of said Section 2, Block J -S, Lubbock County, Texas, owned by the City of Lubbock, Texas, and being described in "Exhibit Two", which is attached hereto and incorporated herein by reference. The CITY OF LUBBOCK, TEXAS, a municipal corporation, acting herein by and through the undersigned, who are hereunto duly authorized, is the sole owner of the following property, to -wit: A tract of land containing 1.2795 acres out of Section 2, Block J -S, Lubbock County, Texas, described in "Exhibit Two", which is attached hereto and incorporated herein by reference for a more particular description of such property. NORTHWEST DEVELOPERS, INC. and the CITY OF LUBBOCK, TEXAS are joining in this Plat and Dedication, but it is understood that NORTHWEST DEVELOPERS, INC. owns no interest in the property described in said Exhibit Two, and it is understood that the CITY OF LUBBOCK, TEXAS owns no interest in the property described in Exhibit One, except for the portion within the boundaries of Exhibit Two. It is the desire of the CITY OF LUBBOCK, TEXAS to plat its property into Tract "A", and it is the desire of NORTHWEST DEVELOPERS, INC. to plat its property into Tract "B", and all of Lots 1 through 187, both inclusive, all being in Shadow Hills, an addition to the City of Lubbock, Lubbock County, Texas, in accordance with the plat attached hereto. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That we., the CITY OF LUBBOCK, TEXAS, and NORTHWEST DEVELOPERS, INC., for a valuable consideration, the receipt and adequacy of which is hereby acknowledged and confessed, do hereby adopt the Plat attached hereto, prepared by Tommie E. Anderson, Regis- tered Public Surveyor, designating all of the hereinabove described property as "Shadow Hills", and describing and designating portions thereof as Lots 1 through 187, both inclusive, and Tracts "A" and "B"; and we do hereby impress the said name "Shadow Hills, an addition to the City of Lubbock, Lubbock County, Texas" upon said property for the correct reference and description thereof by lot numbers and tracts, as indicated upon the said attached Map and Plat; and that a reference to any lot number or numbers designated upon said Plat attached hereto, or the reference to Tract "A" or the reference to Tract "B", plus the designation "Shadow Hills, an addition to the City of Lubbock, Lubbock County, Texas" shall refer to the Plat attached hereto -and the lands or portions of the lands covered by the Plat attached hereto as described therein by lot numbers and tracts. we do hereby dedicate to the public use forever the streets, alleys, easements, rights-of-way, and other public properties that are shown on the said attached Plat that are within the confines of the property hereinabove described., EXECUTED this �--day­­of..,August, 1980. 71..� Secretary ATTE tT tti�y% ecretary NORTHWEST DEVELOPERS, INC. By : H. G. KILLGOREJ President CITY OF LUB TE By: Mayor STATE OF TEXAS ) COUNTY OF LUBBOCK ) BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared H. G. KILLGORE, President of NORTHWEST DEVELOPERS, INC., known to me to be the person and officer whose name is subscribed to the foregoing instrument as President of NORTHWEST DEVELOPERS, INC., and acknow- ledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of said NORTHWEST DEVELOPERS, INC. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A st, 1980. . (SEAL) NOTAR PUBLIt ir AND FOR LUBBOCK COUNTY, TEXAS STATE OF TEXAS ) ) COUNTY OF LUBBOCK ) BEFORE ME, the undersigned authority, a No Fy PP lic i as d,fgr said County and State, on this day personally appeared �Lc►�C i ��� , 1 Mayor of the City of Lubbock, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknow- ledged to me that the same was the act of the said CITY OF LUBBOCK, TEXAS, a munici- pal corporation, and acknowledged that he executed the same as the act of the CITY OF LUBBOCK, TEXAS, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this T --- day of August, 1980. (SEAL) NOTARY PUBLIC IN AND FOR LUBBOCK COUNTY, TEXAS -2- STATE OF TEXAS ) SUBORDINATION OF LIENS TO PLAT AND DEDICATION COUNTY OF LUBBOCK ) WHEREAS, TEXAS COMMERCE BANK NATIONAL ASSOCIATION is the owner and holder of a Deed of Trust and Security Agreement dated July 30, 1980, recorded in Volume Page , Deed of Trust Records of Lubbock County, Texas, to which instrument and record thereof reference is hereby made, covering the following described property, to -wit: A 68.736 acre tract of land located in Section 2, Block J -S, Lubbock County, Texas, described in Exhibit One, which is attached hereto and incorporated herein by reference, SAVE AND EXCEPT a 1.2795 acre tract of land out of said Section 2, Block J -S, Lubbock County, Texas, more particularly described in Exhibit Two, which is attached hereto and incorporated herein by reference; securing the payment of a certain promissory Note in the original principal sum of SIX HUNDRED FIFTY THOUSAND AND N07100 DOLLARS ($650,000.00), executed by NORTHWEST DEVELOPERS, INC., payable to the order of TEXAS COMMERCE BANK NATIONAL ASSOCIATION. NOW, THEREFORE, TEXAS COMMERCE BANK NATIONAL ASSOCIATION, acting herein by and through its duly authorized undersigned officers, does hereby subordinate said lien and all liens held by it insofar as the same cover the streets, alleys, rights-of-way, easements, and other properties that are dedicated to the public as shown on the Plat and Dedication Deed covering Tracts "A" and "B", and Lots 1 through 187, both inclusive, Shadow Hills, an addition to the City of Lubbock, Lubbock County, Texas. It is acknowledged that the undersigned does not have a lien upon the property described in Exhibit Two (which said property includes Tract "A"). �'A_day EXECUTED this of August, 1980. % ATTEST: Tj�XA. CO ERC BANK A OW-AS96CIATION BY.. Vice`s resident STEVENS, President STATE OF TEXAS ) ) COUNTY OF LUBBOCK )' BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared TOMMIE STEVENS, President of TEXAS COMMERCE BANK NATIONAL ASSOCIATION, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he_ executed the same for the purposes and consideration therein expressed, and as the act and deed of said TEXAS COMMERCE BANK NATIONAL ASSOCIATION. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of August, 1980. (SEAL) v 14OXAid PUBLIC IN AND FOR L38BOCK COUNTY, TEXAS STATE OF TEXAS ) SUBORDINATION OF LIENS TO PLAT AND DEDICATION COUNTY OF LUBBOCK ) WHEREAS, BANNER. INC. is the owner and holder of a Deed of Trust and Security Agreement dated July 30, 1980, recorded in Volume - ,'Page , Deed of Trust Records of Lubbock County, Texas, to which instrument and record thereof reference is hereby made, covering the following described property, to -wit: A 68.736 acre tract of land located in Section 2, Block J -S, Lubbock County, Texas, described in Exhibit One, which is attached hereto and incorporated herein by reference, SAVE AND EXCEPT a 1.2795 acre tract of land out of said Section 2, Block J -S, Lubbock County, Texas, more particularly described in Exhibit Two, which is attached hereto and incorporated herein by reference, securing the payment of two certain promissory Notes, one being 4n the original principal sum of TWO HUNDRED -FIFTY THOUSAND AND N0/100 DOLLARS ($250,000.00), and the other being in the original principal sum of SIX HUNDRED THOUSAND AND N01100 DOLLARS ($600,000..00), both executed by NORTHWEST DEVELOPERS, INC., payable to the order of BANNER, INC. NOW, THEREFORE, BANNER, INC. acting herein by and through its duly author- ized undersigned officers, does hereby subordinate said lien and all liens held by it insofar as the same cover the streets, alleys, rights-of-way, easements and other properties that are dedicated to the public, as shown on the Plat and Dedication Deed covering Tracts "A" and "B" and Lots 1 through 187, both inclusive, Shadow Hills, an addition to the City of Lubbock, Lubbock County, Texas. It is acknowledged that the undersigned does not have a lien upon the property described in Exhibit Two (which said property includes Tract "A"). EXECUTED this � A -"ay of August, 1980. ATT T: BAN ��c�-rc/ cis By s; f - cretary STATE OF TEXAS ) COUNTY OF LUBBOCK ) BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Coffee R. Conner Exec. Vice_ President of BANNER, INC., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he exe- cuted the same for the purposes and consideration therein expressed, and as the act and deed of said BANNER, INC. n c NOTARY PUBLIC IN AND FOR LUBBOCK COUNTY, TEXAS EXHI BI T ONE A, 68.736 acre tract of land located in Section 2, Block J -S, Lubbock County, Texas, described by metes and bounds as followss BEGINNING at the Northeast corner of said Section 2, Block J -S, Lubbock County, Texas; ong the East line of'said Section 2; Block* -J -S a distance VICE South 00'12'40" East, al of 1952.21 feet; THENCE West a distance of 60.00 feet; THENCE Northwesterly, 'around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 89'47120", tangent lengths of 14.94 feet, and a chord distance of 21.17 feet; THENCE West a distance of 205.01 feet to a point of curvature; THENCE Northwesterly, around a curve to the right, said curve having a radius of 241.42 feet, a central angle of 45% tangent lengths of 100.00 feet, and a chord distance of 184.77 feet; THENCE North 45' West a distance of 251.52 feet; THENCE North 22041'34" West a distance -of 474.82 feet; THENCE North 07' West a distance of 197.48 feet to a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 285.10 feet, a central angle of 55`30', tangent lengths'of 150.00 feet, and a chord distance of 265.49 fee THENCE North 62'30' West a distance of 65.00 feet to a point of curvature; THENCE Northwesterly, around a curve.to the right, said curve having a radius of 298.56 feet, a central angle of 30', tangent lengths of 80.00 feet, and a chord distance of 154.55 feet to a point of reverse curvature; feet, a THENCE Westerly, around a v�the ofe110.00said fee�andaa•chordrdistance of5-97 175.70 feet; central angle of 74", tangent lengths THENCE South 73'30' West a distance of 405.00 feet to a point of curvature; THENCE Westerly, around a curve to the right, said curve having a radius of 689.69 feet, a central angle of 16 30', tangent lengths of 100.00 feet, and a chord distance of 197.95 feet; THENCE West a distance of 162.37 feet to a point of curvature; THENCE Northwesterly, around a curve to'the right, said curve having a radius of 150.00 feet, a central angle of 40'44'43", tangent lengths of 55.71 feet, a chord distance of 104.44 feet, and a chord bearing of North 69`37'39" West; THENCE South 86' West a distance of 310.00 feet; THENCE Southwesterly around a curve to the right, said curve having a radius of 127.22 feet, a central angle of 56'16'46", tangent lengths of"68.04 feet, a chord distance of 120.00 feet, and a chord bearing of South 45'21137" West to a point of compound cu.rVature; THENCE Southwesterly, around a curve to the right, said curve having a radius of 689.69 feet, a central angle of 16'30', tangent lengths of 100.00 feet, and a chord distance of 197.93 feet to a point of compound curvature; THENCE Westerly, around a curve to the right, said curve having a radius of 1028.70 feet, a central angle of 0232'10", and a chord distance of 45.53 feet; THENCE North 00012'40" West a distance of 135.00 feet to a point of curvature; 00 feet THENCE Northwesterly, around a curve to the left,.said curve having a radius of 15. , a central angle of 89`4712011, tangent lengths of 14.94 feet, and a chord distance of 21.17 feet; THENCE North 00'20102" West a distance of 56.00 feet; THENCE Northeasterly, around a�8 nttleththseof�15.06 feetsaid , having agchordddistance of 21.2ius of 15-00 5 a central angle of 90 12 40 ng 5• feet; THENCE North 00'12140" West -a distance of 586.99 feet to a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 89'51', tangent lengths of 14.96 feet, and a chord distance of 21.19 feet THENCE North 00°03140" West, a distance of 55.00 feet to a point in the North line of said Section 2, Block J -S; THENCE North 89056'20" East, along the North line of said Section 2, Block J -S, a distance of 2814.81 feet to the Point of Beginning. EXHIBIT .TWO A 1.2795 acre tract of land out of Section 2, Block J -S, Lubbock County, Texas, described by metes -and bounds as followst. BEG33 TING at a point in the North line of said Section 2, Block J -S which bears south 89' 56' 20" West, 297.68 feet from the Northeast corner of Section 2, Block J -S, Lubbock County, Texas; THENCE south 89" 56, 20" West along the North line of said Section 2, Block J -S, a distance of 259.40 feet; T13ENCE south a distance of 214.72 feet; TECENCE East a distance of 259.40 feet; THENCE North a distance of 215.00 feet to the POINT OF BEGINNING. Nor SUBDlvfDFD ERSKINE STREET , �—F Ah. 14, M "R. w Fkg!� zl Z w A w m w L'Ll L > Li. W z z D w w < w w z wZ w z z < EMORY ST. Ul 114 (W Wr z 3: a, z DUKE s,C I k T 0 EMORY STREET- EMORY HST z AA- Ld > 4 < �DUKE 74, —F �77 24 v—- 2. 21 1 AlOr sug&WLED gl92 z DUKE STREET LL DUKE FT -- LOTS 1- 187 and TRACTS W'and 7 u- SHADOW HILLS V-. AN ADDITION TO THE CITY OF LUBBOCK, 41 LUBBOCK COUNTY, TEXAS DARTMOUT14 STREET % qk� 17 M0, o CORNELL ST CORNELL' ST 2 NOT SU9DIVIDED GATE ST.