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HomeMy WebLinkAboutResolution - 110856C - Land In Marnell's Addition To Be Conveyed To Western Warehouse Company - 11_08_1956 .. H I _. F RESOLUTION CLARIFYING RESOLUTION PASSED - _ BY — —CITY — — COIVISSION_ — — — — WREP,EAS,* on the 27th day of September, 1956, this Commission passed a Resolution recorded in Book _ 15 at page 386 of the Minutes of the City Commission of Lubbock, Texas; and, M -AS, since the passage of such Resolution, it has been called to the attention of the Commission that the 72.29 acres of land in Marnell's Addition, as more particularly described in said earlier resolution, is to be conveyed �. to WESTERN WAliOUSE CO? PANY, a Texas corporation, instead. of to West Texas NSF Warehouse Company, as described therein; and, WHEREAS, a metes and bounds description has now been obtained covering the land which is to be dedicated for street purposes by WNE STAR TOWNSITE COrPANY, or PANHANDLE and SANTA FE RAILWAY C0MP9,TY, which proposed street areas abut upon the land to be conveyed WESTERN WAREHOUSE CONTANY and it is the desire of LANE STAR T014NSITE C0121. S1Y, PANHANDLE and SANTA FE RAILWAY CONPA;IY, and WESTERN WARE— HOUSE COrPANY that the earlier action of this Commission be clarified to the ends that: (1) LONE STAR TOWNSITE CO!FANNY and PANHANDLE andSANTA FE RAIIKAY COMPANY will be released from any and all liability with regard to installation and construction of utilities and ps.ving, not only in connection with the said tract to be conveyed WESTERN WAREHOUSE COMPANY, but also in connection with the areas next . hereinafter described by metes and bounds, which areas are to be dedicated as streets by the LONE STAR T0NNSITE COMPANY; (2) The purchaser, WESTERN WAREHOUSE COPPANY and its successors shall not be required to plat all of such land at one tire; (3) Neither the purchaser nor those in privity with it shall be bound by the obligations to the City of Lubbock heretofore made in connection with this and other land by the said LONE STAR TOWNSITE COMPANY or PANHANDLE and SANTA FE RAILWAY COMPANY but said purchaser and said land shall be subject to existing and future ordinances. said proposed street areas being described as follows Land in the East Half (EJ) of Survey Sixteen (16), Block A, at Lubbock, Lubbock County, Texas, to be deeded to said City of Lubbock for street purposes. TRACT A A strip of Land to be known as Ursuline Street, or a portion thereof, situated in Section Sixteen (16), Block A. in the City of Lubbock, Lubbock County, Texas, and more particularly described as followss BEGINNING at the point of 'intersection of a line parallel with and fifty (50) feet Westerly from, measured at right angles to, the center line of the main tract of the Panhandle and Santa Fe Railway Company, as now located and constructed, and the North line of said Survey Sixteen (16), distant seven hundred thirty (730) feet West of the Northeast corner thereof; THENCE due Nest (bearing assumed for the ,purpose of this description) along the North line of said Survey Sixteen (16) a distance of seven hundred eighty-sine and forty-one hundredths (786.410 feet to a_ one (1) inch pipe; THENCE due South a distance of one hundred (100) feet; THENCE due East, parallel with the North line of said Section Sixteen (16), a distance of seven hundred eighty-six and sixty-nine hundredths (786.69) feet to a point in said line parallel with and fifty (50) feet Westerly from, measured at right angles to, said main track center line; THENCE North zero (0) .degrees nine (09) minutes thirty (30) seconds West a distance of one hundred (100) feet., more or less, to the point of beginning, and containing an area of seventy-eight thousand six hundred fifty-five (78,655) square feet, more or less, TRACT B A strip of land to be known as North Avenue S. or a portion thereof, situated in Section Sixteen (16), Block A, in the City of Lubbock, �^ Lubbock County, Texas, and n:ore particularly described as follows: COMMENCING at a point in the.:!North line of said Section Sixteen (16) distant one thousand five hundred sixteen and forty-one hundredths (1016.41) feet West of the Northeast corner thereof; THENCE due'-South (assuming for the purpose of this description that the North line of said Section Sixteen (16) bears due West) a distance of one hundred (100) feet to the point of beginning of the metes and bounds of the strip or tract of land herein described; THENCE continuing due South a distance of four thousand one hundred eighty-five (4.,185.0) feet; THENCE due East, parallel with the North line of said Section Sixteen (16) a distance of forty (40) feet; THENCE due North a distance of four thousand one hundred eighty-five (4.,185.0) feet to a point one hundred (100) feet Southerly from, measured at right angles to, the North line of said Section Sixteen (16); THENCE due West, parallel with the North line of said Section Sixteen (16) a distance' of forty (40) feet to the point of beginning, and containing an area of one hundred sixty-seven thousand four hundred (167,400) square feety more or less. Tract A and Tract B have a combined area of two hundred forty-five thousand fifty-five (215,055) square feet, more or less. -2r- NOW TARE, BE IT RESOLVED BY THE CITY COIMSSION OF THE CITY OF LUBBOCK: THAT the LOPTE STAR TOWNSITE C0 'PANY and PANHANDLE And SANTA FE RAILWAY COPTXI1Y, upon conveyance to WESTERN WAREHOUSE COMPANY and upon dedication- of the above described property for streets, will not be responsible for the construction or installation of any additional utilities `or for any paving in or on said land to be conveyed VMERN 'WAREHOUSE C011TANY, or the streets to be dedicated, as above described; provided, however, the said IANE STAR TOWNSITE COP'PANY or PANWDLF and SANTA FE RAIMAY COWANY shall not be the owner or owners of land adjoining the streets so dedicated, in which event, it or they, shall be responsible for paving of such streets in accordance with applicable paving ordinances of the City of Lubbock. BE IT FURTHER. RESOLVED that the purchaser, WESTERN WAREHOUSE CONFANY, and the land which it is acquiring by the above anticipated conveyance, shall be subject to all existing and future ordinanced relating to the installation and construction of utilites and paving pertaining thereto; but neither said land nor said purchaser shall be bound nor subject to, the obligations heretofore made to the City of Lubbock in conre.etion with this and othor adjoining land, by LSE STAR TOWNSITE COYRANY, and/or PANHANDLE and SANTA FE RAIIWAY COMPANY9 This statement is made to the and that it shall be understood that said property shall be subject to ordinances in the sums manner as though said previous obligations had never been undertaken. BTU IT YMTH`�R RESOLVED that WESTERN WAREHOUSE COTT21Y and those in privity with it shall not be required to plat all of said land at one time. At the present time it is anticipated that two warehouses are to be built on the land in the relatively near future, which land is to be conveyed to WESTERN WAREHOUSE COITANY, and it is RESOLVED that when W`?, T.-N WARMOUSE COMPANY, as owner, executes and approves a platted agreement, and files an application for a building permit, which plat and application shall pertain to less than three acres upon which said two additional warehouses shall be built, then such permit shall be granted under existing ordinances. Passed by the Commission on this gth day of November , 1956. ATTEST: _ S. S. ORREST, JR., 14yo,�V/ let Lavenia lai4e, City Seer tarpTrea urer hcbs6c CITY OF LUBBOCK-- MEMORANDUM, Inter Office TO: for. N. B. Wullough, Director of Public 11.4orks Date October 30, 1956 Yr. John Hickerson, City Engineer FROM: Vaughn E. Wilson, City Attorney 3UBJECT: Resolution I am attaching a copy of a proposed resolution, the substance of which was presented to me by tar. George T46Clesky and Yr. Charlie Cobb. The Resiution is to clarify and detail a Resol.uticn previously passed somthree or four wo-:ks ago, by the City Commission and affecting the Santa Fe's PTATNEMS property North of town. -It appears that they had given us the namo of a Grantee by L-iistake. They desire to have the original'Resolution amnded by the attached 1�e3.soiution so there will be no misunderstanding in the future as to the respective parties liability for utilities, paging, etc. As I recall the affect of the original Resolution, the LONY STAR TONNSIT:F' C01 1U]Y and/or the PANUNDL" and SA111TA FT RAILWAY CO?-!'AIDY were not released from the terms of the annexation Ordinance with respect to any of the -prop-erty owned by them except the 72.27 acres whio4 was to be so16 to 11"EMCRN WA17110USE 00!TTp ]Y. A1A.29 � Please check the attached copy of the amanding Resolttion in detail and advise me whether :,it meets your approval for the City Commission. If it does meet with your approval, please put it on the next agenda. The Copy is attached to ;,h . NoCullough's memo. aug E.41J. so�3 1 City Attorney EV:per Attached - l cc: 1`r. Clifton, City VTanager