HomeMy WebLinkAboutResolution - 030961F - Contract - J.W. Chapman - Street Dedication, Butler Estates Addition - 03_09_1961 HLI dc
RESOLUTION
-`r A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
3"'^ WITH J. W. CHAPMAN REGARDING PROPERTY AS DESCRIBED HEREIN.
WHEREAS& J. W. Chapman proposes to dedicate for street purposes cer-
tain property located in Lubbock County, Texas and particularly described as
follows?
A parcel of land off of Lots 1 and the West 1/2 of Lot 2,
Block H,, Butler Estates Addition to the City of Lubbock,
Lubbock County, Texas,,, more fully described as.follows:
BEGINNING at the Northeast corner of said Lot 1, Block
H, Butler Estates Addition;
THENCE South 20 feet to a point;
THENCE West 150.0 feet across Lot I and the East 1/2 of
Lot 2 to a point;
THENCE North 20 feet to a point;
THENCE East along the North line of the East 1/2 of Lot
2 and all of Lot 1, a distance of 150.6 feet to the POINT
OF BEGINNING.
WHEREAS, it appears to be to the best interest of the City of Lubbock and
the general public that such lands be accepted by the city for street purposes;
and
WHEREAS: the city and J. W. Chapman have entered into an agreement
whereby the city is to pay J. W. Chapman $2,500.00 to remove all structures
and prepare the land for the use contemplated within 30 days from the date of a
written contract; NOW,, THEREFORE„
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
THAT the Mayor be and he is hereby authorized to execute a contract with
J. W. Chapman.
Passed by the Commission this 9th day of Mareh.a: , 1961.
DA�ASEY_ Ma or
AT T Fo�Pr/r0"a
Z;j
�`FFroyp +�=� --------- City Attornay
d La enia Lowe, ity fie retary-Treasurer
.""'C"Y Arror e
Y
r _
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK [
That this is an agreement this day made by and between J. W. Chapman
of Lubbock Courty. Texas, and The City of Lubbock, 'Texas, a municipal cor-
poration of Lubbock County, Texas, and the agreement is as follows:
I.
J. W. Chapman represents that he is the owner in fee of certain lands
in Lubbock County, Texas. described as follows:
A parcel of land off of Lots 1 and the West 1/2 of Lot 2,
Block H, Butler Estates Addition to the City of Lubbock,
Lubbock County, Texas, more fully described as follows:
BEGINNING at the Northeast corner of said Lot 1. Block
H. Butler Estates Addition;
THENCE South 20 feet to a point;
THENCE West 150.0 feet across Lot 1 and the East 1/2
of Lot 2 to a point;
THENCE North 20 feet to a point;
THENCE East along the North line of the East l/2 of Lot
2 and all of Lot 1, a distance of 150.0 feet to the POINT
OF BEGINNING.
II.
The said J. W. Chapman proposes to dedicate said property for street
purposes and the consideration moving to said J. W. Chapman are benefits
accruing and to accrue in the use of said public way and the benefits to the
abutting property in use thereof.
M.
The City of Lubbock aforesaid agrees that it will accept the foregoing
dedication for the construction, maintenance. and operation of such public
street and it is agreed by the parties that the actual use of the said lands
for such purposes will be necessary within 30 days from the date hereof.
It is agreed time is of the essence of this contract and that J. W. Chapman
will move from the premises within 30 days all houses, fences, personalty
or other structures, unavoidable accident or an Act of God excepted. For
the moving from said premises the structures as aforesaid and the clearing
of such lands so that construction on said highway may begin. the City of
Lubbock. Texas, a municipal corporation, agrees to pay J. W. Chapman
the sum of$Z.800.00 to be paid when said lands are cleared and made ready
for such improvements.
IV.
Both parties agree that a check by said City of Lubbock shall be
drafted at the time of the execution of this agreement and that said check
in the mum of $Z,800.00 and a copy of the dedication shall be placed in
escrow with Citizens National Bank of this city and there held until the
lands are cleared and all structures removed from said premises as con-
templated by this agreement. After said lands are made ready for the
improvements contemplated and accepted by the City of Lubbock aforesaid.
then the check for $2.800.00 shall be delivered to J. W. Chapman. and the
dedication shall be delivered to the City.
Y.
It is further stipulated and agreed that in the event of failure on the
part of J. W. Chapman to clear said lands within the 30 day period or his
refusal within such time to clear and clean such lands as herein contem-
plated the title to any and all such improvements and title to all personalty
on said premises shall pass to and be vested in The City of Lubbock. Texas
without further or additional consideration and said City of Lubbock without
further demand or consideration shall have the right and is hereby given the
right to remove any and all improvements and personalty remaining on any
of said premises at the expiration of the 30 day period and that said City may
sell or dispose of any such remaining improvements and personalty in any
manner deemed expedient by said City and make all proper commitments
with regard to title thereto and the parties hereby ratify and confirm any
and all acts of said city, acting through its contractors. officers,agents,ser-
vants and employees with respect to any commitments of title or sale of any
of said property. It is further agreed that said City of Lubbock may, if
deemed necessary, remove any part or all of said property remaining on said
premises after the 30 day period and shall charge the cost of all labor, dray-
age, storage or any other costs, expense, loss or damage, whether herein
mentioned specifically or not, which may be necessarily and incidentally in-
curred in connection with the removal of such property and said city is ex-
pressly authorized hereby to be reimbursed for any such expense, loss or
damage from the $2.$00.00 placed in escrow as heretofore set forth and the
work orders and accounts and such like of said city shall be proof of such
expenditures and said J. W. Chapman hereby waives any further or addi-
tional damages which may be occasioned to the improvements or any per-
sonalty required to be removed as set forth herein by said J. W. Chapman
in the event the City of Lubbock for any reason be required to remove the
improvements and/or personalty from the property heretofore described
herein.
VI.
It is expressly agreed that The City of Lubbock shall have the right
and is hereby given the right of possession of said lands upon delivery and
acceptance of the dedication as aforesaid but J. W. Chapman reserves the
right to enter and remain upon said premises for the purposes of removing
any and all improvements and/or personalty located thereon for the period
of 30 days from the date of this contract. The City of Lubbock aforesaid
shall have the right and is hereby given the exclusive possession upon the
31 at day after the date hereof.
WITNESS THE HANDS of the parties this the_grjyday of V"ff. 1961.
CITY OF LUBBOCK, TEXAS
By.OFDAYI 5E , lvi or--
THE STATE OF TEXAS j
COUNTY OF LUBBOCK j
BEFORE ME, the undersigned authority, a Notary Public in and for
Lubbock County, Texas, on this day personally appeared J. W. Chapman.
known to me to be the person whose name is subscribed to the foregoing in-
strument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1961.
(SEAL) _
�3otarY�'ublic. Lubbock �auaty, T!'exas
THE STATE OF TEXAS j
COUNTY OF LUBBOCK j
BEFORE ME, the undersigned authority, a Notary Public in and for
Lubbock County, Texas, on this day personally appeared D�AVID C. CASEY,
known to me to be the person whose name is subscribed to the foregoing in-
strument and acknowledged to me that he executed the same as the act and
deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consi-
deration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND'AND SEAL OF OFFICE this day of . 1961.
(SEAL) _
gfotary puQ71c,Lubbock i:�ounty,-Texas
I,Lavenia Lowe, City Secretary-Treasurer' City of LuAbock, Texas hereby
testify that the above and foregoing is a true and correct copy of a Resolution authorizing
the Mayor to execute a contract with J. W. Chavman regarding Prooerter described.
Passed by the City Commission on the 9th day of March, 1961
-" CdfrCord in Minute Book20. page 55
tOrds:'.of the City Commission of the City of Lubbock, Texas
THIS loth DAY OF . _ . .....'.....'.....March , 1961
Lave n Lowe, City ecretary-Treasurer
City of Lubbock, Texas
CITY OF LUBBOCK
MEMORANDUM,inter Office
TO: Fred O. Senter, Jr., City Attorney Date February 7, 1961
FROM: Henry L. DeBusk, Assistant City Attorney
SUBJECT: Title Examination for Lot 1 and the East half of Lot 2, Block H,
Butler Estates Annex, The City of Lubbock, Lubbock County, Texa s
The basis for this opinion is abstracts and supplements as follows:
Three identical parent abstracts by Guarantee Abstract & Title Company,
two of which bear date January 20, 1941 at 1:00 a.m. and another September 3,
1938, at 7:00 a.m., each containing 152 pages, and certifying to title from the
sovereignty of the soil; a supplement by the same company dated July 6, 1944;
containing 3 pages, and two of which certify to title since January 20, 1941 at
7:00 a,m. and another since September 3, 1938 at 7:00 a.m. ; another supple-
ment by the same company, dated July 12, 1944 at 7:00 a.m. two containing
12 pages and another 11 pages, and certifying to title since July 6, 1944 at
7:00 a.m.; a supplement by Service Abstract and Title Company, containing
6 pages, bearing date March 9, 1953 at 7:00 a.m., and certifying to title since
July 12, 1944 at 7:00�,T'last supplement by Service Abstract and Title Company,
bearing date January 31, 1961 at 7:00 a.m. containing 25 pages, and certifying
to title since March 9, 1953 at 7:00 a.m. The abstract and supplement show
title in J. W. Chapman subject to the following:
1. An affidavit of heirship is shown on page 3 of the supplement dated
January 31, 1961. If the affidavit states the truth the title in J. W. Chapman is
good; if the affidavit does not state the truth, there is a cloud on the title to the
extent that the affidavit does not state the truth. Since this propertyis to be a
street, this exception is waived on the supposition that the affidavit states the
truth and that title is sufficient for street purposes.
2. On pages 11 to 20, inclusive, arepaving procedures which show to
include this property. It is understood no assessment was made on this property
and that the street was never paVe4-These procedures create a cloud on the title
notwithstanding. Since the property under search is for street purposes and the
likelihodd of any lien remote, this exception is waived.
State and County taxes are shown paid. There is no current certificate for
city and school taxes.
The title is shown vested in J.,W. Chapman and such title is sufficie7t for
street purposes.
NR L. BU K,
Assist nt City Attorney
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