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HomeMy WebLinkAboutResolution - 4100 - Dedication Deed, Platting Lots A & B Science Spectrum, Etc - 03_11_1993Resolution No. 4100 March 11, 1993 Item #32 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Dedication Deed in connection with the platting by said City of Lots A & B, Science Spectrum Addition to the City of Lubbock, Lubbock County, Texas, and an access and use of facilities easement, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in de- tail, and the City of Lubbock shall accept from the Science Spectrum a Special Warranty Deed for a 3,576 square foot tract of land adjacent to Lot 3-E, a re - plat of Lot 3, Times Square Addition to the City of Lubbock, Lubbock County, Texas. Passed by the City Council this ATTEST: a= C)� Betty M. %lohnsorP, City Secretary APPROVED AS TO CONTENT: �,_ 6� Ed ucy, Right -of- gent APPROVED AS TO FORM: Anthony i iams, Assistant ity Attorney AJW:Jz/SCISPECS.RES D2-Agenda/rev. Harch 2, 1993 Resolution No. 4100 March 11, 1993 Item #32 ACCESS AND USE OF FACILITIES EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK That the CITY OF LUBBOCK, a home rule municipality of the County of Lubbock, State of Texas, herein called Grantor, for TEN AND N0/100 DOLLARS ($10.00) and other valuable consideration to it in hand paid by the SCIENCE SPECTRUM, a Texas Non-profit Corporation, herein called Grantee, the receipt and sufficiency of which is hereby acknowledged, has GRANTED and BARGAINED, SOLD AND CONVEYED, and by these presents does GRANT, BARGAIN, SELL AND CONVEY, unto Grantee, its successors and assigns, a permanent and perpetual access and use easement upon, over, and across that certain tract of land more particularly described as follows: A tract of land located in Section 12, Block E-2, Lubbock County, Texas, and also being a portion of Lot 3-E, a replat of Lot 3, Times Square Addition to the City of Lubbock, Lubbock County, Texas; BEGINNING at a point which bears N. 89057' E. a distance of 200.88 feet and N. 00003' W. a distance of 144.20 feet from the Southwest corner of Lot 3-E, Times Square Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 89057' W., at 0.88 of a foot pass the East Line of Lot 3-E, Time's Square Addition, continuing for a total distance of 27.33 feet; THENCE N. 00003' W. a distance of 41.25 feet; THENCE N. 89057' E., at 26.45 feet pass the East line of Lot 3-E, Time's Square Addition, continuing for a total distance of 33.75 feet; THENCE N. 00003' W. a distance of 8.50 feet; THENCE N. 74057' E. a distance of 10.26 feet; THENCE N. 15003' W. a distance of 2.75 feet; THENCE N. 74057' E. a distance of 14.89 feet; THENCE S. 00003' E. a distance of 28.92 feet; THENCE S. 44057' W. a distance of 42.43 feet to the Point of BEGINNING; (herein called the "easement tract"). The easement granted by this instrument is for the benefit of and appurtenant to a certain tract of land described as Lot B, Science Spectrum Addition to the City of Lubbock, Lubbock County, Texas (herein called "Lot B") which lies adjacent to and East.of the easement tract. The easement herein granted shall permit Grantee, its agents, employees, successors and assigns, and the patrons, guests, invitees, visitors and customers of the Science Spectrum located on Lot B, continuing access to the easement tract and the continuing right to use the facilities and improvements constructed, and to be constructed, upon the easement tract, including, but not limited to, the restrooms, general meeting room, stairway and storage area located underneath the stairway, to be constructed by Grantor upon the easement tract. The easement herein granted shall be used in connection with the use of Lot B, and the improvements located on Lot B, and shall be exercised in common with other members of the public who are the patrons, guests, invitees and visitors to the facilities to be constructed by the Grantor upon Lot A, Science Spectrum Addition to the City of Lubbock, Lubbock County, Texas. In order to assure Grantee of continuing access and enjoyment of the easement herein granted, Grantor hereby expressly agrees not to remodel, construct, reconstruct, or erect any improvements over or upon the easement tract which would obstruct or interfere with the easement rights granted herein. The easement herein granted shall run with the land and bind Grantor, its legal representatives, successors and assigns. Grantors hereby bind themselves, their successors and assigns, to WARRANT and FOREVER defend all and singular the rights conveyed herein unto Grantee, its successors a�s--41.gns. EXECUTED' ,this 11th day of effective the day of ATTEST: BY: Betty ohns , City Secretary Approved as to Content Ed Bucy, Right of May Agent for City of Lubbock THE STATE OF TEXAS § COUNTY OF LUBBOCK § 1993------ro become David R. Mayor Approved as to Form Anthony J. Williams, Assistant City Secretary &AXs instrument as acknowledged before me this �� day of 199by David R. Langston, Mayor, on behalf of the City of Lubbock, A home rule munic' f.lity. '~.C"r-'d-rX/11C11_'tttltlltl..!` C � w�� . CiE�l!A R. SiIS No y Public, State of Texas ll+�1� Y ` R flDTARY PUSL! . Stalc of Texas r:y cafl sirn [xpr:e' t Nl)VEMBER 30, 1993 <�Ci✓.r s�.11l./lllJ.:.^!1✓'/�Yl✓..C�� Resolution No.4100 March 11, 1993 Item #32 DEDICATION DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This is to certify that the CITY OF LUBBOCK, a home rule municipality of the County of Lubbock, State of Texas, is sole owner of the following described real property: Lot 3-E, a replat of Lot 3, Time's Square Addition to the City of Lubbock, Lubbock County, Texas, and a tract of land in Section 12, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of Lot 3-E, a replat of Lot 3, Time's Square Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 89*57' E. a distance of 200.00 feet; THENCE S. 00*03' E. a distance of 167.48 feet; THENCE N. 89057' E. a distance of 30.88 feet; THENCE S. 00*03' E. a distance of 53.17 feet; THENCE N. 89*57' E. a distance of 6.50 feet; THENCE S. 00*03' E. a distance of 23.75 feet; THENCE S. 44*57' W. a distance of 9.19 feet; THENCE S. 00°03' E. a distance of 11.25 feet; THENCE S. 44*57' W. a distance of 42.43 feet; THENCE S. 89'57' W. a distance of 0.88 of a foot; THENCE S. 00*03' E. a distance of 144.20 feet; THENCE S. 89*57' W. a distance of 200.00 feet; THENCE N. 00*03' W. a distance of 436.35 feet to the Point of Beginning; and That Science -Spectrum, a Texas Non -Profit Corporation is the sole owner of the following described real property: Lot 4-A, a replat of Lot 4, Time's Square Addition to the City of Lubbock, Lubbock County, Texas, and a tract of land in Section 12, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Northeast corner of Lot 4-A, a replat of Lot 4, Time's Square Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 00*03' E. a distance of 436.35 feet; THENCE S. 89*57' W. a distance of 445.00 feet; THENCE N. 00*03' W. a distance of 144.20 feet; THENCE N. 89*57' E. a distance of 0.88 of a foot; THENCE N. 44*57' E. a distance of 42.43 feet; THENCE N. 00*03' W. a distance of 11.25 feet; THENCE N. 44*57' E. a distance of 9.19 feet; THENCE N. 00*03' W. a distance of 23.75 feet; THENCE S. 89*57' W. a distance of 6.50 feet; THENCE N. 00003' W. a distance of 53.17 feet; THENCE S. 89*57' W. a distance of 30.88 feet; THENCE N. 00*03' W. a distance of 167.48 feet; THENCE N. 89`57' E. a distance of 445.00 feet to the Point of Beginning. The said tracts of land are collectively described by metes and bounds as follows: Plat limits of Lots "A" and "B", Science Spectrum Addition, a replat of Lots 3-E and 4-A, a replat of Lots 3 and 4, Time's Square Addition to the City of Lubbock, Lubbock County, Texas, being_ further described as follows: BEGINNING at the oriqinal Northeast corner of Lot 4-A, Time's Square Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 00*03' E. a distance of 436.35 feet; THENCE S. 89*57' W. a distance of 645.00 feet; THENCE N. 00*03' W. a distance of 436.35 feet; THENCE N. 89"57' E. a distance of 645.00 feet to the Point of beginning. and the CITY OF LUBBOCK AND SCIENCE SPECTRUM do hereby replat the above described property into the lots, and designating easements, as thereon shown in accordance with the attached plat, prepared by Hugo Reed & Associates, Inc., a licensed surveyor for the State of Texas on the day of , 199_and approved by the Planning Commission of the City of Lubbock on the day of , 199 , and desiring to have said property platted and dui filed for record as required by law, all as shown on the attached plat; NOW THEREFORE, for and in consideration of the special benefits to accrue to our property from this platting and dedication, the CITY OF LUBBOCK and SCIENCE SPECTRUM hereby DEDICATES all easements (surface and/or underground) thereon shown and designated upon said plat to the PUBLIC FOR PUBLIC USE FOREVER; and by these presents does impress the name of "LOTS A and B, SCIENCE SPECTRUM ADDITION to the City of Lubbock, Lubbock County, Texas", upon said property for the correct reference and description thereto as indicated upon the attached plat, and does hereby adopt the name hereinabove stated and impress the same upon said land, incorporating said plat as a part of this dedication. It is understood and agreed subsequent to this platting and in fee Lot "A", herein platted, Lot"B", herein platted. by and among the parties hereto that dedication the CITY OF LUBBOCK shall own and SCIENCE SPECTRUM shall own in fee EXECUTED as'•of this 11th day of ATTEST: BY: Betty Jo nso , City Secretary Approved as to Content: &z 6tL Ed Bucy, Rightvof Way Agent SCIENCE SPECTRUM, a Texas non-profit corporation BY: Cassandra Henry Its President Approved as to Form: Anthony J. Williams, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK 6 This instrument was acknowledqed 199_1 by David R. Langston, Mayor before me on the /a day of behalf' City on z �ock. R My Commission expires: 4, � � Notary Public, State of Texas Notary's Name (Printed) OLIVIA P, � OLfS i �ADTARY F-UccLiC. State of le :r �' hlY (ommissron Expires ; NQVEMBER 30, 1393 THE STATE OF TEEv'Y''1����scr..ec� COUNTY OF LUBBOCK This instrument was acknowledged before me the day of , 199 by Cassandra Henry, President for Science Spectrum, a Texas non-profit corporation, on behalf of said corporation, My Commission expires: Notary Public, State of Texas Notary's Name (Printed)