HomeMy WebLinkAboutResolution - 051464D - Contract - Covington Estate - COL Work In Exchange For Land For Maxey Park - 05/14/1964xMCGtjlm
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,., WHEREAS? the City of Lubbock entered negotiations with the respective
=' heirs of the Covington Estate to perform certain work in the City of Lubbock in
exchange for lands to extend Maxey Park in the City of Lubbock; and
WHEREAS, such negotiations were in progress and the Contract for such
Work was in the process of being executed prior to at the time of the City of Lubl
election for Mayor for the 19 64-19 66 term, with the Contract being circulated
among the Covington heirs for their respective signatures at the time of the elec
for the City of Lubbock Mayor; and .
WHEREAS. the said Contract was prepared for the past Mayorts signature,
when in fact the Contract was not executed and returned by all the Covington heirs
until the new Mayor of Lubbock was elected to office.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1. THAT Max Tidmore, the duly elected Mayor of Lubbock for
the 19 64-19 66 term be and is hereby authorized to sign and execute on the behalf
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f the City of Lubbock, the Contract to perform certain work for the Covington
kstate in exchange for certain lands to extend Maxey Park in the City of Lubbock,
and that the past Mayor of Lubbockts typewritten name be crossed out of such
Contract and replaced with the printed name of the present Mayor of Lubbock,
Max Tidmore.
Passed by the City Council this 14th day of May 1964.
- - TIDM RE, Mayor
COUNTY OF LUBBOCK }
i This Contract entered into on the day of,L ,
;1994, by and between the City of Lubbock, a Home Rule Municipal Corporation
located in Lubbock County, Texas, hereinafter designated as CITY, and the
following group of persons, to -wit: ELLA JO SMITH and husband JAMES A.
SMITH, of the Comte o4 Los A"91", California; WOODROW COVINGTON
and wife CECELIA COVINGTON of the County of Los Angeles, California;
SALLIE E. WARREN and husband PAUL O. WARREN, of the County of
Fresno. California; MARY L. HEAD and husband LOUIS E. HEAD, of the
County of Imperial, California; EDWARD B. COVINGTON and wife DOROTHY
COVINGTON, of the County of Imperial, California; the surviving heirs of
DANIEL L. COVINGTON who died in December, 1955, leaving surviving
wife HELEN COVINGTON of Alameda County, California and daughters
CATHERINE CONVINGTON, a feme sole over the age of 21 years and CAROL
COVINGTON CRAFT, a feme sole over the age of 21 years of Alameda County,
California, all being the sole and only heirs at law of the said deceased
,DANIEL L. COVINGTON; JANIE COVINGTON, a widow, of Orange County,
'California; LETA COVINGTON, a widow, of L,s /9�'<cl�I County, Califor-
nia, --and SAM P.' COVINGTON and wife LUCILLE COVINGTON of Crosby
County, Texas; all of which above named persons being all the heirs of the
late;iE, B. COVINGTON. and the owners of the E. B. COVINGTON property
in Lubbock County, Texas, and all hereinafter designated as the "COVINGTON
HEIRS" or "HEIRS",
WITNESSETH:
THAT in consideration of the mutual agreements on the part of the
CITY and the HEIRS, and the sale of certain property by the HEIRS to the
CITY;' such property described herein below, and certain other acts to be
performed by the CITY as described herein below, the CITY and the COVING -
TON HEIRS hereby agree and covenant as follows:
1. The CITY agrees to buy and the HEIRS agree to sell the parcels
of land located in Lubbock County, Texas; said land being more particularly
described as follows:
�PARCEL I:
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parcel of land out of Tract 11, John W. Jarrott Subdivision
to the City of Lubbock, Lubbock County, Texas, more fully
described as follows:
BEGINNING at the Southwest Corner of said Tract 11, John W.
Jarrott Subdivision, said Southwest Corner being 25 feet East
of the Southeast Corner of Lot 10, Block 2, Casey Subdivision;
THENCE North along the West line of said Tract '11 a distance
of 169.56 feet to a point;
THENCE Easterly on a curve to the right having a radius of
578. 24 feet a'distance of 471.97 feet to a point;
THENCE South 590 121 East a distance of 111. 37 feet to a point
of curve;
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THENCE Easterly on a curve to the left having a radius of 364
feet a distance of 94.23 feet to a point in the East line of said
Tract 11 and the West line of Oxford Avenue;
THENCE South a distance of 13.65 feet to a point, said point
being the Southeast corner of said. Tract 11, John W. Jarrott
Subdivision;
THENCE West along the South side of said Tract 11 same being
the North line of 24th Street a distance of 637.5 feet to the POINT
OF BEGINNING.
PARCEL II,
A parcel of land -out of the Southwest 1/4 of Tract 12, John W.
Jarrott Addition, an addition to the City of Lubbock, Lubbock
County, Texas, more fully described as follows:
BEGINNING at a point 288. 75 feet East of the Southwest corner
of said Tract 11, John W. Jarrott Addition;
THENCE West 100.26 feet to a point;
r THENCE Northeasterly on a curve to the right having a radius
of 364 feet a distance of 101.0 feet more or less to a point, said
point being in the West line of Lot 6, Block 2, Casey Subdivision
to the, City of Lubbock;
THENCE South a distance of 13.55 feet to the POINT OF BEGINNING.
PARCEL M.
All of Tract 13, John W. Jarrott Addition to the City of Lubbock,
Lubbock County, Texas, said tract being 607.5 feet East and
West and 615.0 feet North to South.
PARCEL IV.
All of Tract 14, John W. Jarrott Addition to the City of Lubbock,
Lubbock Ceunty, Texas, said tract being 637. 5 feet East to West
and 615.0 feet North to South.
PARCEL V.
The West 343.75 feet of Tract 15, John W. Jarrott Addition, to
the City of Lubbock, Lubbock County, Texas, said West portion
being 343.75 feet East to West and 615, 0 feet North to South.
2. Consideration paid by the CITY to the HEIRS: shall be as follows:
A. Twenty One Thousand Seven Hundred Seventy -Five and No/ 100
Dollars ($21, 775.00).
B. The CITY shall fill, at its own expense, that portion of land
owned by the COV11 GTON HEIRS, more particularly described
as follows:
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(1) All of Tract 11, John W.' Jarrott Subdivision to the
City of. Lubbock, Lubbock County, Texas, SAVE AND
EXCEPT the tract to be conveyed to the City of Lubbock
described as a parcel of land out of the said Tract 11,
John W. Jarrott Subdivision;
BEGINNING at the Southwest corner of said Tract 11,
John W. Jarrott Subdivision, said Southwest Corner
being 25 feet East of the Southeast Corner of Lot 10,
Block 2, Casey Subdivision;
THENCE North along the West line of said Tract 11
a distance of 169.56 feet to a point;
THENCE Easterly on a curve to the right having a
radius of 578. 24 feet a distance of 471.97 feet to a
point;
THENCE South 590 121 East a distance of 111. 37 feet
to a point of curve;
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THENCE Easterly on a curve to the left having a radius
of 364 feet a distance of 94. 23 feet to a point in the East
line of said Tract 11 and the. West line of Oxford Avenue;
THENCE South a distance of 13.55 feet to a point, said
point being the Southeast corner of said Tract 11, John
W. Jarrott Subdivision;
THENCE West along the South side of said Tract 11 same
being the ,North line of 24th Street a distance of 637, 5
feet to the POINT OF BEGINNING.
(2) All of the SW 1/4 of Tract 12, John W. Jarrott Addition
to the City of Lubbock, Lubbock County, Texas, up to
the high water elevation mark established by the City of
Lubbock Engineer in accordance with Ordinance No.
1475 of the City of Lubbock, SAVE AND EXCEPT the
tract of land to be conveyed by the HEIRS to the CITY,
described as a parcel of land BEGINNING at a point
288. 75 feet East of the Southwest corner of said Tract
11, John W. Jarrott Addition;
THENCE West 100. 26 feet to a point;
THENCE Northeasterly on a curve to the right having a
radius of 364 feet a distance of 101.0 feet more or less
to a point, said point being in the West line of Lot 6,
Block 2, Casey Subdivision to the City of Lubbock;'
THENCE South a distance of 13. 55 feet to the POINT
OF BEGINNING.
C. The CITY agrees to pave all the streets abutting the Covington
property described herein at its own expense, with no cost to
be assessed to the HEIRS,
3. Time for performance of the fill-in work described above to be
performed by the CITY shall be one (1) year from the time that the deed and
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and title to the property described abo�rel to be conveyed by the HEIRS to the
CITY shall pass to the CITY. In the e' eint of acts of the Heirs which prevent
the City from performing, or in'event f strikes, floods, natural casualties
or acts of God which delay performance by the City, the time shall be extended
for such period or periods of delay until Ithe 'CITY can complete performance
under the terms of this contract, It isl expressly understood that performance
maybe delayed also by mutual agreement of the parties hereto.
4. It is expressly understood and agreed that this contract is subject
to a title policy being issued upon the land to be conveyed to the CITY by the
HEIRS.
5. It is expressly understood and agreed upon that this contract, and
the obligations thereunder, are contingent upon a deed being issued by the
HEIRS to the CITY, and title for the land described herein being passed to the
CITY. The HEIRS hereby agree to issue such deed as soon -as reasonably
possible,. with good and marketable title Ibeing passed thereby.
WITNESS OUR HANDS this 14thday of May 1864.
Vf 2gZf
/1'�A�► T- r.+a oil c , Mayor
City of Lubbock
ATTEST: %
ABomay
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Uavenidq.owe, City Secretary -Treasurer
ELLA J
CECELIA COVINGTON
P . P, D, I O, SAL
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WE. WARREN
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MARY I . HEAD
C,MML CO-WMTONyCAA-r `
WIN— E. HEAD
]0i3WAR=DB.'t-G�VI1N)TrON
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LUCILLE COVINGTO SA P. CO GTON
LETA COVINGTO
THE STAVE 01r TEXAS �
U'OIT nY OF LUBBOCK �
BEFORE ME, the lmdersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared MAX TIDMORE, known
p ed to the foregoing instrumnt
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to me to be the person *hbse naYrie fs subscrib
and ac)"Iedged to me that he executed the same as the act and deed of the ii
CITY Off' LUBBOCK and as MAYOR, for the purposes and consideration thereir�� t .
expressed, and in the capacity therein, stated.
4
oltvm UNMAMY k3AND AND L OF OFFICE this day of
19 64.I
(SEAL)
EAL
Notary Public, Lubbock✓County ` T- ,exas
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THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
BEFORE ME,' the undersigned authority, a Notary Public, in and for
said County, California, on this day personally appeared JAMES A. SMITH
and ELLK JO SMITH his wife_ , both known to me to be the persons whose
names are subscribed to the foregoing instrument, and acknowledged to me
that they each executed the same for the purposes and consideration therein
expressed, and the said Ella Jo Smith, wife of the said James A. Smith,
having been examined by me privily and apart from her husband, and having
the same fully explained to her, she, the said Ella Jo Smith 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. 11
G VEJT UNDER MY HAND AND SEAL OF OFFICE this day of
1964.
WEATA
:: InMnnnlnnllHnlnMHn Ytllli .
01*FiCIAL SEAL -,
LOU F. WERTIN
NOTARY PUBLIC • CALIFORNIA Notary•Publ'c, Los Angeles County,
• PRINCIPAL OFFICE IN California
LOS ANGELES COUNTY
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