HomeMy WebLinkAboutResolution - 081254A - Quit Claim - Panhandle & Santa Fe Railway Co - Overton Addition - 08/12/1954 RESOLUTION
WHEREAS, during the year 1946, the City of Lubbock and the Panhandle and
Santa Fe Railway Company entered into an agreement for the exchange of Quit
Claim Deeds which related to a strip of excess land lying in or near the lots
in Overton Addition abutting 4th Street on the south, lying substantially be-
tween College Avenue on the west and Avenue Q on the east, and the railway did
,4r.Holmes execute its Quit Claim Deed to a strip of land abutting the north line of Sec-
Engr Dept tion 2, Block 0, Lubbock County, Texas, said strip being approximately twenty-
8-18-54 one (219 feet in width and extending substantially between College Avenue on
the west and Avenue P on the east, said Quit Claim Deed being recorded in Vol-
ume 323, page 157, Deed Records of Lubbock County, Texas; and,
WHEREAS, the City of Lubbock executed its Quit Claim Deed to the railway
to a similar strip of land then understood by the parties to be located south
of the north line of the north tier of lots in Overton Addition abutting 4th
Street, said Quit Claim Deed being recorded in Volume 323, page 213, Deed Re-
cords of Lubbock County, Texas; the location of the strip quit claimed by the
City being located as shown by the attached photostatic copy of may entitled,
"Sectional Map North Portion of the Addition Showing Railway Right-of-Way",
attached to this resolution and bearing City Engineerts file number 14.411;
and,
WHEREAS, in the case of Crosbyton South Plains Railway Company vs. R. B.
Hutchinson et al, reported in 204 SW 2nd 643, being a decision of the Amarillo
Court of Civil Appeals, said court in 1947 determined that the excess existed
north of the north line of the north tier of lots in Overton Addition substan-
tially between College Avenue on the west and Avenue Q on the east; and,
WHER,,AS, M. C. Overton by his conveyance dated May 22, 1954, recorded in
Volume 301, page 493 and 494, Deed Records of Lubbock County, Texas, conveyed
to the City of Lubbock all that certain excess alnd, if any, located, lying
and being in Survey 2, Block 0, Lubbock County, Texas, and near the north
line of said Survey 2; and,
WHEREAS, the railway now desires to secure a Quit Claim Deed from the II
City of Lubbock to correct the conveyance made by the City to the railway
pursuant to the original agreement by the City executing a new Quit Claim
Deed to the excess strip of land as shown and indicated in red on the at-
tached map marked "Exhibit A", which shows the strip to be approximately ten
(101) feet plus at the west end of the section and one (lt) foot plus at the
west side of Avenue Q. The north line of Which excess strip lies twenty-one
(211) feet south of the north line of Survey 2, Block 0, said Quit Claim, how-
ever, not to include that part of the strip lying within the right-of-way ex-
tended north of Avenues %,W,V,U,T,S,R, and Q; and,
WHEREAS, the City Commission desires to make the necessary correction
consistent with the original intention of the parties; T H E R E F O R E,
BE IT RESOLVED BY THE CITY COK41SSION OF THE CITY OF LUBBOCK:
,.- THAT the Mayor BE, and he is hereby authorized and directed to execute
a Quit Claim Deed on behalf of the City of Lubbock to the Panhandle and Santa
Fe Railway Company, successors to the South Plains and Santa Fe Railway Com-
pany, a corporation which was the grantee in the former Quit Claim Deed exe-
cuted by the City of Lubbock, said Quit Claim Deed to describe the property
�Z5�- ,/fir
being quit claimed as follows:
"All that certain strip, tract or parcel of land lying and sit-
uated in Survey Two (2), Block 0, T.W.N.G. R.R. Co. Certificate 0/516,
patented to W. M. Lay on January 6, 1896, by Patent 224, Volume 15,
in the City of Lubbock, Lubbock County, Texas, and more particularly
described as follows:
"All that part of said Survey Two (2) that lies NORTH of the
north line of Blocks One Hundred Six .,(106), One Hundred Seven (107),
Thirty-three (33), Thirty-four '(34 , iixty-three (63), Sixty-four
(64) One Hundred Twenty-four (124�, and One Hundred Thirty-three
(133f Overton Addition to the City of Lubbock, as said Blocks are
shown on the recorded plat of'said addition; WEST of a line parallel
with and seven hundred (700) feet west of the east line of said Sur-
vey Two (2); and SOUTH of a line described as follows Beginning at
a point seven hundred (700) feet west and twenty-one (21) feet south
of the northeast corner of said Survey Two (2); thence west, along a
line parallel with the north line of said Survey Two (2), a distance
of four thousand one hundred eighty (4180) feet; thence southwester-
ly along a straight line a distance of four hundred and seven tenths
(400.7) feet to a point in the west line of said Survey Two (2), dis-
tant forty-five (45) feet south of the northwest corner thereof;
"EXCEPTING, HOWEVER, from the strip of land above described,
the portions thereof lying within the limits of the alleys (ex-
tended northerly) in said Blocks One Hundred Six (106) and One
Hundred Seven (107), and within the limits of Avenues R,S,T,U,V,
H and X, or said avenues extended northerly; and ALSO EXCEPTING
the portion lying northerly of and contiguous to Lots Six (6) to
Twelve (12), inclusive, of said Block Thirty-three (33).
"The area of the strip of land above described, exclusive of
the above exceptions, is fourlhundred ninety-seven thousandths
(0.497) of an acre, more or'less."
On motion of Commissioner Forrest , seconded by Commis-
sioner Carpenter , this Resolution was passed unanimously on
this the 1:2ttday of Aupust ! , 1954, by the City Commission.
MURUTRWLt tC WvL or
ATTEST;
Lave a Lowe,City Secretary-Treasurer
VEW:kw
8-13-54
"v rhv 6-21-U
Cony
�stRlL?>t Qt1I'1'CLAIE3 ��
M 9TATZ OF TF•XA:4
CO' C OF L1I8'_"OCK [
during the year 19411, the CITY OF MrOCK, tiers called "City"O and
the l3 UTH KAM, AND 9"'NPA FZ RAILF'AY CMT'AB'.C, hers coiled hftilway Comrazw", en-
tared into an agreement trs ezeange Ch tcl.a+.im Deeds and tha VAIlwny Corgi*ry did
execute its Quitclaim Used an r.>anrdad Ir. Vo lz:mema 323, pig* 157, Lead Paccrds of
Lubbock County, Tenants, and the City did exio.sto its 1,ultalain Deed an rocorded
In Volume 323, pride 213, Dead Facords of LuVncaok County, Texas; anai,
I aM, in the City'a Deed, Ue laird affected was vile-difteribed in that
Us loa.ation of the excen;s lards intend,3d to be affected by the Qui.tclain Deed
had not been judioially d3teridned an was dose in Crosbyton South Plains Iailvey
Con"wi vs. Kntcltinson at B-?, 204 St.' 2nd W, cft wr ex-3catior, af both Quitclaim
Deeds; and,
WNIRRA.9, the "!AM, ATT SANTA F9 RAILi'AY COPYARX, here called "hallway
Compazy", iR than s,�ccaysor to the Cr(vbytmr 'Soutar Plains RAllway Comcer; sand,
t'IMUM11, the CITY CF L11EYMM deeir:.a to eorract said error as shown by Its
Revolution ftsend Aa6unt 12, 19541 MU VOM,
LWOW ALL lariat 13Y Tll r5 Pil.':SEdd s
THAT,,the CITY OF LCBSOCK p a Ilamicipal Corporation of Luliboo t County, Texan,
for and in con sideru icn. of the pramiren and. One and NoAD0 (01.01) Dollar, and
oth-r good and valuable counideratlorm to it, in hand paid by the eAtdiAMZ ARD
SAM Pr RAILVAY COMM, a private corporation, the racelpt of "ch ir+ hereby
acknowledged, does by these Fraventu D.t>A AIT, F=, RFUMMS AND k'0`tbsM QUIT
CLAI-t unto the said TAM 1AW= UIPTA FE RATMAY COK AI Y, ite ei:06assors and &B-
elow, all it', righter, title and intett3st it► and to throne asrtain tra etatl or pur-
eels of land vituato in than CITY Of LMF>t K#1 M.1,3 CK t�/L!M, T IC.AS, and BUTZ
OF Tr: X11, described as follows to-wits
°All that certain strip, tract or p->roel of land lying and rite-to
in Survey Two (2)0 Block 0, T.V.R.G. It.R. Co. Certificate 0/5li-, paten-
te9d to W. M. Lay on yanuary f', 199t, IV Mont 224, Volume 15, in the
City of Lubbock, Lubleek Corr ty, Taxers, and morn particularly described
as follower
"All thrt part of amid ftmy Two (2) that lie* IORU of the aortlh
live of Blocks C'ae Eundrad Six (10-(), One Hundred Seven (1Q7), Thirty-
three (33), Thirty-four (34), Sixty-tyr" (0), Sixty-four ((4), One Rus.-
dred Twenty-four (124), and One Ea ndrrad lbirtythree (133), Gvartam Ad-
dition to the City of Lubbock# an said Blocks sr%i shown on Wi v3corded
plat of said a.:l:tition; VrM of a ling parallel with and seven hundred
(70o) feet vest of the east line of said Survey Two (2); and 8€3M of a
Jim described as follows: TAginning at a point saven bundred (700)
feet vast and tventy-rara (21) feet south of the rxwtheult corner of said
Survey Two (2); them vent, along a litre parallel with the north line
of arsid Survey Two (2), a distance of four thousand ow hundred eighty
(4160) feet; thancse a outt3weoterly clang a strai&it line a distarwoe of
four hw.sadred and :,ever tenths (400-7) feet to as point In the vest lino
of said Survey Two (2)1, adi.et.4rt forty-five (45) feast south of the to-Irtb-
went corner therof;
"c'XCEPTING# 77I'311, from the strip of land above de«eribed, this
portions thereof lying vith nthe lf.rrdtrs of the allays (extended YAorth-
erly) in said Block* Ore Hundred Mx (106) and One Hunilred Seven (IM),
and within the limits of Avenjas R, 0, T, D, V, I.' and 7t, or said avatrrers
V V'25 1
extended northerly; and ALSO MUTIM the portion Iying northerly of
and contiguous to Lote Sipe (() to Twolve (12), inclusive, of said Slack
Thirty-three (33).
*The area of the strip of land n3save described, exclusive of the
above exeeptiam, is four hundred 2dinty-sewer tho:mndthss (0.497) of
an acre, more or less.*
IF WITP ,� VI RSITO the CITi OF L(7L-`EMK bin amaWits corporate ne�me
to be }are onto sabsoribad by its Y'eyor, 1MIMt R. TRIPP, and its duly et-
tested on:port.Ae soul to be ham unto aMxod by its Facratary, eU in the
City of Lubhook, Texas, this 1„2th dsy of hagmt, 1954.
Cry OF L' BWM
BY
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A?TW
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