HomeMy WebLinkAboutResolution - 2022-R0317 - Real Estate Purchase Agreement with Estate of E Z Hogan Jr.Resolution No. 2022-R0317
Item No. 5.5
July 26, 2022
RESOLUTION
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 the City of Lubbock, a Purchase Agreement for the purchase of certain real
property located at in Lots 6 & 7, Block 1, Maddox Addition to the City of Lubbock,
Lubbock County, Texas, by and between the City of Lubbock and the Estate of E Z Hogan,
Jr., and all related documents. Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City Council;
and
THAT the City Council finds it to be in the best interest of the citizens of the City of
Lubbock in order to expedite the performance of city business, to delegate authority to
execute any necessary or related documents associated with this conveyance to the City
Manager of the City of Lubbock, or his designee.
Passed by the City Council on
ATTEST:
Rebec a Garza, City Secret
APPROVED AS TO CONTENT:
C�
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
Ryan ok , A sistant City Attorney
RES.Purchase Agreement, Estate of E Z Hogan Jr. -Lots 6 & 7, Block I, Maddox Addition
7.6.22
Resolution No. 2022-R0317
Purchase Agreement
City of Lubbock and The Estate of E Z Hogan, Jr.
The Estate of E Z Hogan, Jr., referred to in this Agreement as "Grantor", agrees to grant to the City of Lubbock,
Texas, referred to in this Agreement as "Grantee", a parcel of land which is more or less 0.0762-acres (3,321 sf),
described as property located in Lots 6 and 7, Block 1, Maddox Addition to the City of Lubbock, Lubbock
County, Texas, and more particularly described in the attached Exhibit "A," which exhibit is incorporated into
this Agreement and made a part of this Agreement for all purposes.
The property to be conveyed pursuant to this Agreement is referred to in this Agreement as the "Property."
The document to convey the Property shall be in the form of a Special Warranty Deed.
All work performed on the Property shall be performed expeditiously, in a good and workmanlike manner, and
in accordance with all applicable laws, codes, statutes, permits and regulations of all applicable governmental
authorities.
The payment of Seventy-five thousand, eight hundred fourteen and no,100 ($75,814.00) as herein agreed, will
constitute full payment to be made by Grantee to Grantor for the Property. Upon receipt of payment by Grantor,
the conveyance document will be executed and recorded to finalize this transaction. Grantee, without cost to the
Grantor, will pay the cost of recording of the instrument conveying the Property along with any and all other
costs associated with the closing at Lubbock Abstract and Title Company.
Grantee shall install screening and landscaping to provide a buffer between the lift station site and Grantor's
property as depicted on Exhibit "B" attached hereto.
This Agreement shall be effective as of the date the last party executes this Agreement (the "Effective Date").
EXECUTED by the parties as indicated below to be effective as of the Effective Date.
GRANTOR: The Es to of E Z Hogan, Jr.
7 /,4 / Z 2-/
Name: L Date
GRANTEE: CityJgf Lubbock, Texas
TRAY PAYNE,
ATTEST:
Q,J�6& - --e
Rebecca Tarza, City Secretary
July 26, 2022
Date
EXHIBIT A
PLAT SHOWING SURVEY OF A 0.0762 ACRE PORTION OF
LOTS 6 AND 7, BLOCK 1
MADDOX ADDITION
TO THE CITY OF LUBBOCK
ACCORDING TO THE MAP, PLAT AND/OR DEDICATION
DEED THEREOF RECORDED IN VOLUME 251, PAGE 300
=
DEED RECORDS OF LUBBOCK COUNTY, TEXAS
O
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SCALE: 1%20'
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FD. 1&' I.R.
S 88010'32" E 103.48' i
0.34 WEST
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0.0762 ACRES
SQ. FT. - - N 88°10 32W 3.62
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N 88010 32 W 50.00
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METES AND BOUNDS DESCRIPTION of a 0.0762-acre tract of land being a portion of Lots 6 and 7, Block I, Maddox Addition to
the City of Lubbock according to the map, plat, and/or dedication deed thereof recorded in Volume 251. Page 300. Deed Records of
Lubbock County, Texas, said 0.0762-acre tract being further described as follows:
BEGINNING at the origiral Northwest comer of said Lot 6, from which a I& Iron rod found bears N. 88°I0'V' W. a distance of
0.34 feet;
THENCE S. 88°I0'32" E., with the North line of said Lot 6 a distance of 103.48 feet to a I&' Iron rod found In the West
right-of-way line of Detroit Avenue as described In that Agreed Judgement recorded in Volume 3746, Page 235, Real Property
Records of Lubbock County, at the Northeast corner of this tract:
THENCE S. 01°35'06" W., along the West right-of-way line of said Detroit Avenue, o distance of 20.00 feet to a I&' con rod
with cap marked "HUGO REED & ASSOC" set for the most Easterly Southeast comer of this tract;
THENCE N. Wid32" W. a distance of 53.62 feet to a I& iron rod with cap marked "HUGO REED & ASSOC" set for an "ell"
comer of this tract;
THENCE S. 01°58'50" W. a distance of 25.00 feet to a I& Iron rod with cap marked "HUGO REED & ASSOC" set for the most
Southerly Southeast comer of this tract;
THENCE N. 88'10'32" W. a distance of 50.00 feet to a I& iron rod with cap marked "HUGO REED & ASSW' set in the West
line of said Lot 7 for the Southwest comer of this tract;
THENCE N. 01`58'50" E., along the West line of said Lots 7 and 6 a distance of 45.00 feet to the Point of Beghdng
Bearings are relative to the Texas Coordinate System of 1983. North-Central Zone.
Surveyed on the ground,
September 9, 2021
ez-4141
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
• - FD. 1/2" I.R.
0 - SET 1/2" ROD w/CAP "HRA"
20211726 / RAC (BW)
No abstract of fife or title commitment was provided to
this surveyor. Record research done by this surveyor was
mode only for the purpose of determining the boundary of
this property and of the odjoining parcels. Record documents
other than those shown on this survey may exist and encumber
this properly. Copyright 2021. Hugo Recd and Au u m Im
45' wide (k
jllp g e)
i
V5'Ped
,-0
y
5„
Gate
j 12 Gate
Slides to South
F I^
ram.,
Landscaping
(TYP)
50'-
r Ir-
Ex Grease
Trap
� N I
c
EXHIBIT B
4..�x
Fee Simple Purchase
8 foot tall screening
fence constructed of
masonry columns and
cedar board on board
planks
rr
MIF
15' wide HMAC
drive
w/Hammerhead
fa
r.
Note:
- Property size is 86'x103' (8,858 sf)
- LS site, including landscaping,
45'x50' +53'x20' 3,310 sf)
- Fee simple purchase approx 37% of
total site
City of Lubbock
Capital Project
Project Cost Detail
July 26, 2022
Capital Project Number: 92591
Capital Project Name: Lift Station Rehabilitation
Encumbered/Expended Budget
Staff Time $ 602
Professional Services 144
Sewer systems improvements 41,447
Design Contract 15757 with Freese and Nichols, Inc. 183,798
Agenda Item July 26, 2022
Land Purchase Agreement, Lots 6 and 7, Block 1, Maddox A 75,814
EncumberedlExpended To Date 301,805
Estimated Cost for Remaining Appropriation
Lift Station Rehabilitation 138,195
Remaining Appropriation 138,195
Total Appropriation $ 440,000
Project Name Lift Station Rehabilitation Project Number 92591
Managing Department
Project Manager
Waste Water Collection
Mary Gonzales
Project Classification Replacement Facility
Project Status Approved
Project Scope
RFQ oral presentation on 4i9/21.
Purchase and install new equipment and/or rehabilitate existing equipment, facility and piping system; and other major maintenance
activities.
FY 2020-21 funding is for the rehabilitation of Lift Station #34 — North Detroit.
Start Date:8i 1.20
Bid Date - Design:911'20
Award Date for Bid - Design:7/l/21
Project Start Date - Design:7/l/21
Project End Date - Design:7/l/22
Bid Date - Construction:8/1 t22
Award Date for Bid - Construction:10/ I/22
Project Start Date - Construction:l2/2/22
Project End Date - Construction:l2/1/23
Project Justification
Over time, gases and other materials commonly found in sewer lift stations cause a deterioration of building materials causing odors,
sewer backups, and potential overflows spills. Replacing aging wastewater infrastructure reduces emergency maintenance, system
failures. and fines from the Texas Commission on Environmental Quality (TCEQ) due to sewer system overflows (SSOs).
Project History
RFQ closed on 2 24/21.
$1,040,000 was appropriated in the FY 2018-19 Budget, Ord. No. 2018-00109, October 1, 2018.
$300,000 was appropriated 1n the FY 2019-20 Budget, Ord. No. 2019-00129, October 1, 2019.
Reduced appropriation by $1,200,000 in FY 2019-20, BCR# 1920-09, July 8, 2020.
$100,000 was appropriated in the FY 2020-21 Budget, Ord. No. 2020-00123, October 1, 2020.
$300.000 was appropriated in the FY 2021-22 Budget, Ord. No. 2021-00126, October 1, 2021.
Unappropriated Planning Years
Appropriation to Total Project
Appropriation Detail Date FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026 27 Amount
Construction 100.000 250,000 900.000 250,000 250,000 250,000 250,000 2,250,000
Other Activities 140,000 50,000 0 50,000 50,000 50,000 $0,000 390,000
Total Project Appropriation 240,000 300,000 900,000 300,000 300,000 300,000 300,000 2,640,000
FY 2021-22 Operating Budget and Capital Program 60
N
Proposed Lift Station Site
Located in Lots 6 & 7, Block 1 of Maddox Addition
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CORNELL ST
ELL ST
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Feet
0 100 200 300 zoo 500
As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes
and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. it does not represent an
on -the -ground survey and represents only the approximate relative location of property boundaries.
Proposed Lift Station Site
.0762 acres
—a.� _ a-IFI_
Lubbock
TEXAS
Digital Orthophotography - May 2021
Return to: City Of T.ubbock. Attn : Bayli Bowles;P.O. Box 2000;Lubbock. Texas 79457
GF#2021-1 t995 'D a OrdQd El�ec ronically
Resolution No. 2022-RO13
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, -'YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
DATE: August , 2022
GRANTOR: Linda Hogan, Individually and as Independent Administrator of the Estate
of EZRA Z. HOGAN, JR, also known as E. Z. HOGAN, JR., Deceased
GRANTOR'S MAILING ADDRESS:
2301 18th Street
Lubbock, Texas 79401
GRANTEE: City of Lubbock, Texas, a Texas Home Rule Municipal Corporation
GRANTEE'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
CONSIDERATION:
Ten and No/100 Dollars ($10.00) and other goods and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY (including any improvements):
All of that certain tract of land being a parcel which is more or less 0.0762-acres
located in Lots 6 and 7, Block 1, Maddox Addition to the City of Lubbock,
Lubbock County, Texas.
The property that is the subject of this Special Warranty Deed is depicted and
described in the attached "Exhibit A" (the "Property").
RESERVATIONS FROM CONVEYANCE:
None
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
None
Special Warranty Deed - The Estate of E Z Hogan, Jr. to City of Lubbock 11
SPECIAL WARRANTY:
Grantor, for the Consideration and subject to the Reservations from Conveyance
and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to
Grantee the Property, together with all and singular the rights and appurtenances
thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs,
successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and
successors to warrant and forever defend all and singular the Property to Grantee
and Grantee's heirs, successors, and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof when the claim is by,
through, or under Grantor but not otherwise, except as to the Reservations from
Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural
SIGNATURES
FOR THE GRANTOR:
Linda gan, Indivi ally and as Independent Administrator of the Estate of
EZRA Z. HOGAN, R, also known as E. Z. HOGAN, JR., Deceased
Date
FOR THE GRANTEE:
Print
Special Warranty Deed — The Estate of E Z Hogan, Jr. to City of Lubbock 12
ACKNOWLEDGMENTS
FOR GRANTOR
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on this 6'0 'tt' day of , 2Q22, by
4GAIL WILCOXSON
Notary public, State of Texas
Notary ID# J0506829
My Commission Expiles *07.2024
';4- A U§kALQQ�
otary Public, State of Texas
My commission expires:
FOR GRANTEE
STATE OF §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on this day of , 20 a by
0 BELEN GOMEZ
N*Y Pl�lic, Sias aFT0=
N"ID012M78.7
MY Co M* iM E** 1418=
7��- 44' -'e— /A�2r��
Notary Public, State o Texas
My commission expires: 1,g�t r /3 • 70 al 5
Special Warranty Deed — The Estate of E Z Hogan, Jr. to City of Lubbock 13
EXHIBIT A
PLAT SHOWING SURVEY OF A 0.0762 ACRE PORTION OF
LOTS 6 AM 7, BLOCK 1
MADDOX ADDITION
TO THE CITY OF LUBBOCK
ACCORDING TO THE MAP. PLAT APDAIR DEDICATION
DEED THEREOF RECORDED IN VOLUME 251. PAGE 300
DEED RECORDS OF LUBBOCK COUNTY. TEXAS
O
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SCALE. I"-W
FD. 1/2"PIO.R.
0.34 WEST
I
S 88°10'32" E 103.48' I
3
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LOT 6
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99--_-3.321
OD
0.0762 ACRES
0.0762
SQ. FT.---N 88910 32 W 53.62
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METES AND BOUROS DESCFWTION of a 0.0762-Dore trai of lad bft a portion of Lob 6 and 7. Blodt I, Moddox AdMan to
Mn City of 6Abbork aooadetg to Mn map. plot. a War dadcodon dined *~ reoa-is h Vokme 251. Page 300, Dad Records of
Ltbbork Candy. Texos, add 0.0762-oore tract beitg further desubed as falwat
BEGINNING of the cr* d Natltwea carrnr of Wd Lot 6. from vW a V2" Gan rod found bean N. S8'10'32" W. o distance of
0.34 feet,
THENCE S. BVIOW E., vA the North no of wd Lot 6 a dletatce of 103.48 feet to a Ile ban rod found b the West
oflrbbock Cowty m M e11eNaMdescribed �eml aomn off fAWW hb hocl M' iei1 ram'do b voMrre 3T46. Pogo 2 .Red P►nperty
THENCE S. O1*35'06" W.. slag the Wag right-of-way On of mid D~ Aveme, a dstatee of 20.00 feet to a I& Gan rod
vrifh coo moral "H UGO REED 8, ASSOC" set for the most Easterly Swlhemt caner of thb tract,
THENCE N. BrIO32" W. o dstonce of 53.62 feet to a U2" Iron rod w8h cap mares °Fll1G0 REED 6 ASSOC" set for on "eg'
comer of thb tract
THENCE S. 01'58W' W. a dsfottce of 25.00 fat to a Ilt Iran rod of ocp .,xv '11UG0 REED ek At3SOCp set for the most
SouMbrly Switteast Caner of fhb tract,
THENCE N. SWIOW W. o distance of 50.00 fat to a I& Iran rod va cop naked NHUGO REED a ASSOC" set h Mtn West
On of add Lot 7 for On Smdh wet am a of Nib traetr
THENCE N. Or5W5d" E., dong Mtn West its of sold Lot* T and Go dstatoe of 45.00 feet to Mtn Pobt of Be0.jj
Bearfnp are rdo#w to In Texas Coordinate System of IM, North-Certtrd Zan.
Surveyed an to grw4
September 9. 2021
Robert A. Ctrbtaplter
Regbterod Professiaal Lad Surveyor No. 5167
Llavaed State Lad Sawyer
State of Texas
- FD. 1/2" I.R.
G - SET U2" ROD W/CAP "HRA"
20211726 / RAC (BW)
No abstroci of MMe or MMe co mihnaM won prodded to
thb surveyor. Re= research faro by thb surveyor was
made anly fa the purpose of detainkib Mtn botetday of
liia property and of the odlofrirtp parcels. Record doantettts
otlnr Mtat Mnee edam as this *nvey may exist and encumber
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
P
or1Ju�
Kelly Pinion, County Clerk
Lubbock County, TEXAS
08/26/2022 03:24 PM
Recording Fee: $38.00
2022041115