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HomeMy WebLinkAboutResolution - 5105 - Special Warranty Deed - Ron & Rick Betenbough - 5,246.5 Sq Ft, WS Addition - 02_22_1996Resolution No. 5105 February 22, 1996 Item #9 WHEREAS, a 5,246.50 square foot tract of land out of Lot 98, West Side Addition to the City of Lubbock, Lubbock County, Texas, is hereby determined to be surplus to the needs of the City of Lubbock and can be sold, due to its size and shape, without bid procedures or publication, to abutting owners for its fair market value pursuant to Section 272.001 of Vernon's Texas Codes Annotated Local Government Code; and WHEREAS, said land has an appraised fair market value of $2,000.00, and abutting owners, RON BETENBOUGH and RICK BETENBOUGH, have offered to purchase said land, and this City Council has hereby determined that it would be in the public interest to sell said land to such abutting owners at fair market value; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sale of the tract of land as hereinabove described in the preamble hereof is hereby approved. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Special Warranty Deed from the City of Lubbock unto the said RON BETENBOUGH and RICK BETENBOUGH, as Grantees, for a consideration of $2,000.00, in cash paid to the City of Lubbock by said Grantees, a copy of which Deed is attached hereto and shall be spread upon the minutes of this Council, and as so spread upon the minutes shall constitute and be part hereof as if fully copied herein in detail. Passed by the City Council this 22nd ATTEST: '�" etty ohnso , City Secretary APPROVED AS TO CONTENT: eVV A4� Ed Bucy, Right -of -Way epartment H W :da/ccdocs/betenbgh.res February 5, 1996 Feb VID R. LANGSTON, DtKYOR APPROVED AS TO FORM: 1996. arold Willard, Assistant City Attorney Resolution No. 5105 February 22, 1996 Item #9 THE STATE OF TEXAS KNOW ALL MEN BY THESE. PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, acting through its Mayor hereunto duly authorized, herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by RON BETENBOUGH and RICK BETENBOUGH, herein called "GRANTEES", in cash, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, express or implied, is retained: Has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the said GRANTEES all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: All of Lot 98, West Side Addition to the City of Lubbock, Lubbock County, Texas, SAVE AND EXCEPT the following described tract: A 4,265 square foot tract of land out of Lot 98, West Side Addition to the City of Lubbock and being out of Section 44, Block A-K, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 3/4" iron pipe found at the Northwest comer of said Lot 98 for the Northwest and beginning corner of this tract, whence a railroad spike found at the Southwest corner of Section 44, Block A-K, bears North 87°39'47" West, 59.95 feet and South 02'20'13" West, 495.05 feet; THENCE South 87°42'4" East, along the North line of said Lot 98, 21.71 feet to a 1/2" rod set for the Northeast corner of this tract; THENCE South 03*22'11" East, 124.88 feet to a 1/2" rod set for the P.C. of a curve to the left; THENCE Southwesterly, along the arc of said curve, an arc distance of 30.55 feet to a 1/2" rod set in the South line of said Lot 98, said curve has a radius of 50.00 feet, a central angle of 35°00'29", tangent lengths of 15.77 feet and a chord that bears South 19°48'10" West, 30.08 feet; THENCE North 87142'04" West, along the South line of said Lot 98, 25.00 feet to a 1/2" rod set at the Southwest corner of said Lot 98 for the Southwest comer of this tract; THENCE North 02'1T56" East, along the West line of Lot 98, 152.96 feet to the Point of Beginning. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging to the said GRANTEES, their heirs and assigns forever, and the said GRANTOR does hereby bind itself, its successors and assigns to WARRANT and FOREVER DEFEND all and singular the said premises unto the said GRANTEES, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof by, through and under GRANTOR. WITNESS MY HAND this 2 f February 1996. VID R. LANGSTON, MA ATTEST: a etty MYJohnson, Itity Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: arold Willard, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared the said DAVID R. LANGSTON, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity herein stated as the act and deed of said CITY OF LUBBOCK. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .1996. H W:da/cityatt/swd-betn.doc February 5, 1996 Notary Public in and for the State of Texas My Commission Expires: day of SPECIAL WARRANTY DEED BETENBOUGH & COMPANY PARTNERS LIMITED --- PAGE 2