HomeMy WebLinkAboutResolution - 071455B - Warranty Deed - Crest-Haven Terrace Inc. - 4 Tracts Sec 3, Block B - 07/14/1955RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FOR AND
IN BEHALF OF THE CITY OF LUBBOCK, A WARRANTY DEED TO CREST -
HAVEN TERRACE INC.. COVERING A TEN (10) FOOT STRIP OF LAND
LYING IMMEDIATELY EAST OF BLOCKS I AND 2 OF THE SIEBER AD-
DITION TO THE CITY OF LUBBOCK, AS MORE PARTICULARLY DES-
CRIBED IN THE BODY OF THIS RESOLUTION.
Cetf ied WHEREAS, from a resurvey of the West line of Section 3, Block B,
Deed to Lubbock County, Texas, it has been heretofore determined that the East
R.O .!'T. line of Quirt Avenue along the West side of Blacks 1 and 2 of the Sieber
7-26-55 i' Addition to the City of Lubbock, as such Avenue was actually used and
occupied for street purposes, was only fifty (5,0) feet East of the true
ji West line of said Section 3,_ instead of sixty (60) feet East of said section
line, as such Avenue is shown on the recorded original plat and dedica-
tion of said addition; and,
WHEREAS, the City Commission has heretofore made the determina-
tion that said Quirt Avenue, having at the time an actual width of fifty (50)
feet on the ground used and occupied for street purposes, should be wid-
ened an additional ten .(10) feet on the East side thereof; and,
WHEREAS, for the purpose sof compromising and settling all matters
pertaining to such street and appurtenant building lines with the owner of
said Blocks 1 and. Z of the Sieber Addition, who had in good faith developed
the same and set back improvements thereon in accordance with the build-
ing line requirements for a street having an East boundary line actually
only fifty (50) feet East'of the true West boundary line of said Section 3
(as determined by said resurvey of such section line) instead of the intend-
ed line sixty (60) feet East of the true West line of said section as shown
on recorded plat and dedication of- said Blocks 1 and 2, Sieber Addition,
the duly authorized representatives of the City of Lubbock entered into
an agreement with such property :owner, Cresthaven Terrace, Inc., that
the City of Lubbock would convey to such owner a ten (10) foot strip lying
adjacent to the East side of said Blocks 1 and 2 as shown on said recorded
map of the Sieber Addition, provided the owner would, without expense to
the City, set back all improvements on the West side of said Blocks I and
2 an additional ten (10) feet East in accordance with the building line re -
i quirements for property abutting a street having an East boundary line
sixty (60) feet' East of the West line of said :Section 3, as shown on the
original plat and dedication; and,
WHEREAS, the owner of said Blocks 1 and Z has made the necessary
set backs, and the City is now using and occupying the full sixty (60) foot
street, all as shown on the original plat and dedication of said Sieber Ad-
dition; and further, such •,owner has submitted to the City ,a Replat and Ded-
ication of said docks 1 and 2, Sieber Addition, showing thereon a dedica-
tion of a sixty (60) foot street (Quirt Avenue) the East boundary of which,
by actual survey, lies sixty (60) feet East of the true West boundary line
- of said Section -3; NOW, THEREFORE,
I
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK-
_ o-►I4558
CITY OF LUBBOCK
MEMORANDUM, Inter Office
TO: Mr. John L.. Scott, Right -of -Way Department Bate: 6/28/55
FROM: James A. Ellis, Assistant City Attorney
SUBJECT: Resolution and Warranty Deed - Ten (10) Foot Strip of Land
Immediately East of Blocks 1 and. 2, Sieber Addition.
Attached are drafts of resolution and warranty deed covering the
above .mentioned matter, as requested in your memorandum of June
21, 1955. The contents of the resolution as drawn have been discus-
sed with Mr. Warlick Carr, and the resolution is satisfactory to him.
1
MES A. ELL143
ssistant City Attorney
JAE : kw
Attach 2
SECTION 1. That such agreement for the conveyance by the City of
said ten (10) foot strip of land lying East of Blocks l and 2 of said Sieber
Addition, provided the property owner made the necessary set backs in
conformity with the requirements of said sixty (60) foot street on Quirt
Avenue BE, and the same is hereby ratified and confirmed.
SECTION 2. That the Mayor BE, and he is hereby authorized and
directed to execute, and deliver- for and in behalf of the City of Lubbock,
a warranty deed conveying to Cresthaven Terrace, Inc., a Texas cor-
roration, the owner of said Blocks 1 and 2, Sieber Addition, said ten
10) foot strip lying East of said blocks, such; land to be conveyed by the
City being more particularly described as follows:
TRACT 1:
BEGINNING ata point 1138.8 feet South and 407.0 feet East
of the Northwest corner of Section 3, Block B, Lubbock
i
County, Texas;
i�
THENCE South a distance of 145.0 feet to a point;
THENCE West a distance of 10.0 feet to a point;
THENCE North a distance of 145.0 feet to a point;
THENCE East a distance of 10.0 feet to the POINT OF
BEGINNING.
TRACT 2:
BEGINNING at a point 1298. 8 feet South and 407.0 feet East
of the Northwest corner of Section :3, Block B, Lubbock
County, Texas;
THENCE South a distance of 145.0 feet to �a point;
THENCE West a distance of 10.0 felt to a point;
THENCE .North a distance of 145.0 feet to a point;
THENCE Eaat a distance of 10.0 feet to the POINT OF
BEGINNING:
TRACT 3:
BEGINNING at a point 1493.8 feet ;South and 407.0 feet East
of the Northwestcorner, of Section 3, Block B, Lubbock
County, Texas;
THENCE South a distance of 145, 0 feet to a point;
THENCE West a distance of 10.0 feet to a point;
THENCE North a distance of 145, 0 feet to a point;
e2
e--
JAE:kw
ge
a
THENCE East a distance of 10.0 feet to the POINT OF
BEGINNING,
TRACT 4
BEGINNING at a point 1653.8 feet South and 407. 0 feet East
of the Northwest Corner of Section 3, Block B, Lubbock
County, Texas
THENCE South a distance of 145. 0 feet to a point;
THENCE West a distance of 10.0 feet to a point;
THENCE North a distance of 145. 0 feet to a point;
THENCE East a distance of 10. 0 feet to the POINT OF
BEGINNING.
Subject to the reservation contained in that warranty deed from
W. B. Price and wife, Viola Justus Price, to the City of Lubbock,
dated the 10th day of March, `1953, filed March 13, 1953, and recorded
in Volume 466, page 413, Deed Records of Lubbock County, Texas,
which reservation affects only the north portion (Tracts 1, 2 and 3) of
the above described property, reference here being made to such in-
strument for a metes and bounds description of that portion which is
affected by such reservation, being in words and figures as follows:
ttSAVE AND EXCEPT,there is hereby reserved unto the
Grantors herein, their heirs and assigns, all of the oil,
gas and other minerals in, under and to, and that may be
produced from all of the above described property conveyed
herein, together with the rights of ingress and egress at all
times for, the purpose of mining, drilling, exploring, oper-
ating and developing said lands' for oil, gas or other minerals,
and storing, handlings transporting, and marketing the same
ii therefrom with the right to remove from said lands all of the
Grantor's property and,,improvments. It
It °is ; derstoia+ axxd;.agiaeed tha the above {described tracts of land
shall be' and are the';East ;int feet o, Lots '1 and l4, Block 1 and Lots 1
and 14, Block 2, of the; Sieber 'Addition to the City of Lubbock, as set
out in the plat and .dedication deed dated May 6, '1955, a revision of
the Sieber Addition.
SECTION 3. That the City Secretary -Treasurer shall Attest such deed
for and in behalf of the City of Lubbock, affixing the corporate Seal of the
City of Lubbock thereto.
Passed by the Commission on this the 24thday of July , 1955.
At OPW
ATTEST: MUR T yor
9�� )( _Wez_o�