HomeMy WebLinkAboutResolution - 4722 - Accept & Maintain Land For Public Use - Lubbock Land Company - Regal Park - 01_26_1995Resolution No. 4722
January 26, 1995
Item #27
WHEREAS, in July 1992, representatives of the Lubbock Land Company and the
Parks and Recreation Department of the City of Lubbock discussed the feasibility of the
development by the Company of a 2'/Z-acre park in an area known as the Regal Park Addition
to the City of Lubbock; and
WHEREAS, the City Council of the City in Resolution No. 4217 agreed to accept and
maintain as public park property the land and improvements to the 2'/nacre tract when
developed and dedicated by Lubbock Land Company; and
WHEREAS, Lubbock Land Company has now developed the above -described
property and wishes to dedicate the same as public park property; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Council hereby agrees to accept and maintain as public park property from
Lubbock Land Company, general partner for Lubbock Land Company, One Ltd., the real
property described as Tract "A", Regal Park, an addition to the City of Lubbock, Lubbock
County, Texas, in accordance with the terms and conditions of the instrument of dedication
attached hereto and incorporated herciu-?-rkrence as part of this Resolution.
Passed by the City Council this 26th d2y o fr nary/ 199 .
NID R. LANGSTON, MAYOR
ATTEST:
).), 04
Betty FA. Johnson, ity Secretary
APPROVED AS TO CONTENT:
Rusty Wack, Superintendent of Parks
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
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ccdocs/LBKLNDCO.rcs
December 13, 1994
Resolution No. 4722
January 26, 1995
Item i127
PARTIAL RELEASE OF LIEN
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
That in consideration of the partial payment of one certain promissory note in the original principal
sum of $252,904.00, executed by Lubbock Land Company, payable to Hale County State Bank, described in
a certain Deed of Trust dated August 6, 1991, recorded in Volume 3657, Page 279, Real Property Records of
Lubbock County, Texas;
HALE COUNTY STATE BANK, the owner and holder of said note, does hereby release the deed
of trust lien shown by said instrument to exist upon the following described property, to secure payment of
said note, or any other indebtedness owed to Hale County State Bank which is secured by said Deed of Trust:
Tract "A", REGAL PARK, an Addition to the City of Lubbock, Lubbock County, Texas
IT IS EXPRESSLY UNDERSTOOD AND AGREED that this is a partial release, and releases the
lien securing the payment of the above described indebtedness, or indebtednesses, as to the hereinabove
described property ONLY, and nothing herein shall be construed to waive, affect, release or impair the
validity of the lien securing the payment of the said indebtedness, or indebtednesses, as to any other property
set out and described in the above mentioned instrument.,\
WITNESS ITS HAND, this l Z day of /J 1994.
HALEeCOY STATE L
,
By:1�
Printed Name: J. David Williams
/// Title: Chairman
THE STATE OF TEXAS
COUNTY OF HALE
this instrument w •acknowled oefore me on vs Q a day of ' 1r )>� 4J 1994,
b ? u G�. ~, � a 1�n e f14 I Itit i of HALE COUNTY STATE BANK, a
corporation, on behalf of said corporation.
MIZM
Notary Public, State of TexasDESB1E BASSNotary Fcbtic. Stateof Toss
NY Commmion Excwm 6-3*
MMERLAKE & WEAVER, P. C.
A PROFESSIONAL SERVICE CORPORATION
ATTORNEYS AT LAW
December 6, 1994
FRED H. TIMBERLAKE
(1915.1090)
STAN A. WEAVER
BOARD CERTIFIED -RESIDENTIAL COMMERCIAL
AND FARM AND RANCH REAL ESTATE LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
SCOTT W. SHARP
City Planning and Zoning Commission
Lubbock City Hall
1625 13th Street
Lubbock, Texas 79401
1005 iSTH STREET
LUBBOCK, TEXAS 78401-S001
800/702.0281
Re: Proposed Dedication of Public Park by Lubbock Land Company One, Ltd.
Tract "A", Regal Park, an Addition to the City of Lubbock, Lubbock County,
Texas
Gentlemen:
We have examined title to the property which is being dedicated as a public park, and find that
title stands in the name of LUBBOCK LAND COMPANY, ONE LTD., a Texas Limited
Partnership, with Lubbock Land Company, a Texas Corporation, acting as its General Partner.
The only lienholder of record is HALE COUNTY STATE BANK.
This letter certifying ownership is provided on behalf of Lubbock Land Company, One Ltd., and
shall inure solely to the benefit of the City of Lubbock. The information provided in this letter
shall be relied upon solely for the purpose of the dedication of the property for public uses. This
law firm assumes no liability or responsibility for the use of the information supplied in this letter,
or reliance thereon, for any other purpose.
When you have in hand all of the other documents necessary, and upon receipt and filing of
partial releases of liens held by Hale County State Bank, it will be in order to file the enclosed
Dedication of Public Park for record.
Yours very truly,
Stan A. Weaver
SAW/mk
Council Date: January 26,1995
Item No. 27
AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
I, RANDY NEUGEBAUER, as a member of the City Council of Lubbock, Texas, make this affidavit and hereby
on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business
entity that would be peculiarly affected by a vote or decision of the City Council as those terms are defined in
Chapter 171, Local Government Code.
The business entity is L—Uee(XAt- G.zLt Z ClI)hPAOJ-1f (f,)e
-�-r (Name) (Address)
!— have/has a substantial interest in this business entity for the
("I" or name of relative and relationship)
following reasons: (check all which are applicable).
✓Ownership of 10% or more of the voting or shares of the business entity.
✓ Ownership of 10% or more or $5,000 or more of the fair market value of the business entity.
L� Funds received from the business entity excess 10% of gross income for the
(my/her/his)
/previous year.
V Real property is involved and has an equitable or legal ownership with a fair
(1/he/she)
market value of at least $2,500.
A relative of mine has a substantial interest in the business entity or property that would be
affected by a decision of the public body of which I am a member.
Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision
involving this business entity and from any further participation on this matter whatsoever.
Signed this 26th day of January, 1995.
kANDY NEUW,8AUER
MAYOR PRO TEM
BEFORE ME, the undersigned authority, this day personally appeared RANDY NEUGEBAUER and on oath
stated that the facts hereinabove stated are true to the best of his knowledge or belief.
Sworn to and subscribed before me on this 26th day of January, 1995.
4rd'-�k'gj
'Notary blic in an for the
State of Texas
My commission expires:
Resolution No. 4722
File And Return To January 26, !1995
Ed Bury R-O-W Item #27 �
3630 ,, �o� 4789PAcf258
DEDICATION OF PUBLIC PARK
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, this is to certify that LUBBOCK LAND COMPANY, ONE LTD., a
Texas limited partnership (herein "Dedicator"), acting by its General Partner, LUBBOCK
LAND COMPANY, a Texas corporation, is the owner of Tract "A", REGAL PARK, an
Addition to the City of Lubbock, Lubbock County, Texas; and
WHEREAS, Dedicator, by this instrument, wishes to dedicate the above described
property to the public in general, for City park purposes.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in
consideration of the special benefits to the remainder of its property, Dedicator does hereby
DEDICATE the above described property to the PUBLIC, for PUBLIC USE FOREVER,
for public park purposes, and all incidents of ownership held by Dedicator not inconsistent
with the public use of the above described property for public park purposes, are hereby
expressly reserved by Dedicator. By acceptance hereof, the City of Lubbock acknowledges
that certain improvements have been made by and at the expense of Dedicator, and in
consideration therefor, the City of Lubbock will continue to improve and maintain the above
described property at its own expense. Dedicator reserves the right to terminate this
dedication in the event the dedicated area ceases to be used for public park purposes, which
right shall be assignable by Dedicator to the owners of Lots 1 through 122, Regal Park, an
Addition to the City of Lubbock, Lubbock County, Texas.
WITNESS the execution hereof this 14 4ti- day of December, 1994.
LUBBOCK LAND COMPANY, ONE LTD.
BY: LUBBOCK LAND COMPANY, General
Partner
_ By:
Randy Neu bauer, President
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the IG' day of
December, 1994, by Randy Neugebauer, President of Lubbock Land Company, a Texas
corporation, on behalf of said corporation; said corporation acting as General Partner on
behalf of LUBBOCK LAND COMPANY, ONE LTD., a Texas limited partnership.
�-g1
µ SryC Nota Public, State of Texas
JEANNIE FARRIS
` "��• Kota P
rY uMUc� State of Texas
•�,,� P MAY Commission Expires lta�-�•