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HomeMy WebLinkAboutResolution - 060365B - Warranty Deed - Lubbock Chamber Of Commerce - School For Mentally Challenged - 06_03_1965 JBD-N:j�. ROM REaOLUTION r-, 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 corrected Warranty (4)5 / Deed to the Lubbock Chamber of Commerce for the development, construction, �O and maintenance cif a schp-ol for mentally retarded persons, 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 detail. Passed by the City Council this Ud day of ,1965. o�2t'•r 0 . MAYOR - 3- ATTEST: LLL� Lav nia Lowe,. eity Secretary-Treasurer FORM APPROVED: Fred O. Senter, Jr., Cit orriey CITY OF LUBBOCK Memo No.ey RECEIVED MEMORANDUM.Inter Office Time Dated TO: John Hickerson, Director of Public Works Re eda�O 8, 1965 Fred 0. Senter,_Jr..-City Attorney ' FROM: Joseph Morahan SUBJECT: Correction Deed—State Schoi Property Attached is a revised survey and legal description on the property we conveyed to the Lubbock Chamber of Commerce who in turn have conveyed it to the State of Texas for the site of the proposed State School for the mentally retarded. Also shown on the survey is the location of the permanent easement for the Canadian River Aqueduct. As you will recall the field notes in the original deed from the City were based on an "office" survey only and were not in accordance with the original survey made. Also the transition curve did not match with the curve on the Canadian River easement. The surveyor has revised the survey to fit the Canadian River easement curve and has also shown the easement in relation to this property. He has also provided a metes and bounds legal description of the 221.14 acre tract for use in the corrected warranty deed. Mr. John Logan of the Chamber of Commerce delivered this survey to my office this morning and I told him you would be in touch with him concerning the corrected deed. If possible, the deed might be prepared and taken to the City Council at the June 3, 1965 meeting. If you have any question in this matter, please call me. /J Joseph Morahan Right of Way Agent a Item 43---- 6-3-65 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the City of Lubbock, a Home Rule Municipal Corporation, of the County of Lubbock, State of Texas, acting by and through its Mayor, heretofore duly authorized for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration, receipt of which is hereby acknowledged, has, subject to the conditions herein- after stated, GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY, unto the Lubbock Chamber of Commerce of the City of Lubbock, Lubbock County, Texas, for the purpose of development, construction, and maintenance of a school for mentally retarded persons, all that certain parcel of land: BEGINNING at a 1/2" iron pipe set 10 ft. west of the northwest corner of Tract-A, Crest Hill Addition to the City of Lubbock, for the north-northeast and the beginning corner of this survey. Whence the north- east corner of Section 12, Block-A bears North no deg. 05 min. East 60 ft. and South 89 deg. 55 min, East 651.6 ft. THENCE S. no deg. 05 min. W. 358 ft. set 1/2" pipe for an inside corner of this survey. THENCE S. 89 deg. 55 min. E. 525.40 ft. set 1/2" pipe in the west right-of-way line of College Avenue for the east-northeast corner of this survey. THENCE S. 00 deg. 49 min. 30 sec. E. 1871.7 feet following the west right-of-way line of College Avenue, set 1/2" pipe 20 ft. north of the northeast corner of Lot 1, Lawson Addition to the City of Lubbock; for the southeast corner of this survey. THENCE N. 89 deg. 46 min. 30 sec. W. at 2940 ft. pass 20 ft. north of a 1" iron pipe, and continuing on same course in all 4511 ft. set 1/2" pipe for the southwest corner of this survey. Lubbock Chamber of Commerce, upon c;elivery of its general warranty deed reconveying said proper'y to the City of Lubbock, out in the event there is a failure or refusal 1. -econvey said land, the title shall revert to the City of Lubbock and the City of Lubbock shall not be obligated to return,any of the consideration paid to it by the Lubbock Chamber of Commerce; and do hereby bind the City of Lubbock and its successors to warrant and forever defend all and singular said premises unto the said grantee, its successors and assigns, against every person whom- soever lawfully claiming or to clamnn the same or any part thereof: This Warranty Deed is executed in lieu of and for the purpose of correcting the description of the property conveyed in a Warranty Deed recorded in Vol. 1032, page 206 Deed Records of Lubbock County, Texas. WITNESS MY HAND this day of 1965. CITY OF LUBBOCK BY MAX TIDMORE, Mayor ATTE : Lavenia Lowe, City Secretary-Treasurer. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared MAX TIDMORE, known to me to be the person whose name is subscribed to the foregoing instrument 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 consideration therein expressed, and in the capacity therein stated. GI)FAN UNDER MY HAND AND SEAL OF OFFICE this day of 1965. (SEAL) Notary Public, Lubbock County, Texas a Item 43---- 6-3-65 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the City of Lubbock, a Home Rule Municipal Corporation, of the County of Lubbock, State of Texas, acting by and through its Mayor, heretofore duly authorized for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration, receipt of which is hereby acknowledged, has, subject to the conditions herein- after stated, GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY, unto the Lubbock Chamber of Commerce of the City of Lubbock, Lubbock County, Texas, for the purpose of development, construction, and maintenance of a school for mentally retarded persons, all that certain parcel of land: BEGINNING at a 1/2" iron pipe set 10 ft. west of the northwest corner of Tract-A, Crest Hill Addition to the City of Lubbock, for the north-northeast and the beginning corner of this survey. Whence the north- east corner of Section 12, Block-A bears North no deg. 05 min. East 60 ft. and South 89 deg. 55 min, East 651.6 ft. THENCE S. no deg. 05 min. W. 358 ft. set 1/2" pipe for an inside corner of this survey. THENCE S. 89 deg. 55 min. E. 525.40 ft. set 1/2" pipe in the west right-of-way line of College Avenue for the east-northeast corner of this survey. THENCE S. 00 deg. 49 min. 30 sec. E. 1871.7 feet following the west right-of-way line of College Avenue, set 1/2" pipe 20 ft. north of the northeast corner of Lot 1, Lawson Addition to the City of Lubbock; for the southeast corner of this survey. THENCE N. 89 deg. 46 min. 30 sec. W. at 2940 ft. pass 20 ft. north of a 1" iron pipe, and continuing on same course in all 4511 ft. set 1/2" pipe for the southwest corner of this survey. THENCE N. no deg. 05 min. E. 2158. 33 ft. set 3/4" iron pipe for the northwest corner of this survey. Whence an east-west fence on the north line of Section 12 bears North 120 ft. THENCE S. 89 deg. 55 min. E. 2570.78 ft. parallel to and 120 ft. south of the north line of Section 12, set spike for the beginning of a curve to the left; THENCE around the are of a curve to the left with a radius of 1400.84 ft. and with a central angle of 08 deg. 31 min. 07 see., a distance of 208.27 ft. to end of curve: THENCE N. 81 deg. 33 min. 53 sec. E. 205.29 ft. set 1/2" iron pipe for the beginning of a curve to the right: THENCE around the are of a curve to the right having a radius of 1280.84 ft. and a central angle of 08 deg. 31 min. 07 sec., a distance of 190.43 ft. set 1/2" iron pipe for corner. Whence the north line of Section 12 bears north 60 ft. THENCE S. 89 deg. 55 min. E. 784.93 ft. parallel to and 60 ft. south of the north line of Section 12 to the place of beginning; and containing 221.14 acres of land. SAVE AND EXCEPT an undivided 1/16th Non-participating Royalty Interest, obtained by a prior conveyance, which is hereby expressly retained. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances tiereto in anywise be- longing unto the said grantee, its successors and assigns so long as a school for mentally retarded persons is established by the State of Texas within a period of six years from the date of this conveyance or if a school is established within 6 years, so long as all of said land is used as a school for mentally retarded persons by the State of Texas; pro- vided in the event a school for mentally retarded persons is not estab- lished within six years of the date of execution of this deed, or after its establishment the school is not maintained on the above described property, the City of Lubbock shall return any and all consideration paid by the Lubbock Chamber of Commercc, upon c;elivery of its general warranty deed reconveying said proper'..7 to the City of Lubbock, out in the event there is a failure or refusal 1. -econvey said land, the title shall revert to the City of Lubbock and the City of Lubbock shall not be obligated to return,any of the consideration paid to it by the Lubbock Chamber of Commerce; and do hereby bind the City of Lubbock and its successors to warrant and forever defend all and singular said premises unto the said grantee, its successors and assigns, against every person whom- soever lawfully claiming or to clamnn the same or any part thereof: This Warranty Deed is executed in lieu of and for the purpose of correcting the description of the property conveyed in a Warranty Deed recorded in Vol. 1032, page 206 Deed Records of Lubbock County, Texas. WITNESS MY HAND this day of 1965. CITY OF LUBBOCK BY MAX TIDMORE, Mayor ATTE : Lavenia Lowe, City Secretary-Treasurer. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared MAX TIDMORE, known to me to be the person whose name is subscribed to the foregoing instrument 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 consideration therein expressed, and in the capacity therein stated. GI)FAN UNDER MY HAND AND SEAL OF OFFICE this day of 1965. (SEAL) Notary Public, Lubbock County, Texas The State of Texas, County of L >;; n o c r Field notes of a survey of-_ 221.34 -__acres of land made for MZBO g OMMER OF CO WFRCM By virtue of-__-___--._--_____-- ownership, Situated in County, Texas, about __ ____-_ miles R. 10 DEO. �• from the county site. Same being 221.14 AO.OUT.OF 'mil?, WORTR 1/2 OF' Survey 12 -_, Blk. A_ ., Certificate -��- fi issued to Tog., litA1LITA? CO. _*,THc,I��:��Cr�Ni�.' dRANTM-3,,ARS=T 841 u Beginning at a J"lron pipe set 10'ft.west of the northwest comer of Tract-a.creet Hill Addition to the City of Lubbock, for the north-northeast and the beginning corner of this survey* fence the northeast oot2ior of Section 19, $look A bears Worth to deg.05 min.lCast.60 ft.and ftuth.89 deg.55 minoftst $51.6 ft. Thence Seno deg.05 min.W.856 Meet °,pipe for an Inside corner of this.survey. Thence 8.89 deg.155 min.8. 525040 ft. set +°pipe In the vast right-of-wey nag of College Avenue for the east-northeast-comer of this survey. Thence 6.00 4e9.49'uin. 30 sec.l. 1871e9 ft# following the vest right-cf-way line of College Avenue.. set J" pipe 20 ft. north of the northeast corner of Lot 1 Lawson Addition to the City of Lubbocki for the southeast corner of this survey. Thence 1.89 deg.46 win. 30 sea. T, at 2940 ft. pass 20 ft.north of a 1R iron pipe, and continuing on same course in all 4311 ft* set jo iron pipe for the south- vest corner of this surveys Thence X-no deg.05 min'.'1. 21580'53 ft. set 3/40 Iron pipe for the northwest cor- ner of this surrey, %hence an east-west fence on the north line of Section It bears Worth 120 fte Thence S.89 deg.05 min. B. MO." ft., parallel to and 120 ft.south of the north line of Section 12, set spike for the beginning of a curve to the lefts Thence around the arc of a curve to the left-with a radius of MOM ft. and with a central angle of 08 deg.81 min. 07 sec., a distance of 208.27 ft. to end of curve: Thence W.81 Qeg.53 min.53 eeo. . 205.99 ft.set ill Ironpipe for the beginning of a carve to t 13 he right: Thence around the am of a curve to the right having a radius of 128a.64 fta and a central angle of 08 deg.31 ain.07 see., a distance of 190.43 ft.,set fir" Inn pipe for corner. lahence the north line of Section 19 bears north 60 ft. Thence 8.89 deg.55 zin.& 984@93 ft parallel to and 60 ftesouth of the north line of Section 18 to the place of beginning; and containing 221.14 Acres of land. ^ s� UU Surveyed MUARY 18 do 13a 1965 ..- and Vey 26, 1965 RAROLD R[TM= -4aa�l alAlxi�xW Chay�Car 8. T RIJCKER a Registered Public Surveyor, of Texas, do hereby certify that the foregoing survey was made by me:on the ground according to law on the date and with the'chain carrier aforesaid, duly quali- fied, and that all corners, lines, boundaries and marks of same, whether natural or artificial, are truly and correctly described and set forth in the foregoing Field Notes. Witness my hand and seal this_ g _ of _ .._ Y____ _ _A ;19_0 Registered Public Surveyor, Registration No. 48 - h - ------------- - -�_, County -- --- - of -- County, do hereby certify That the foregoing Field Notes have been duly recorded in my office, in Book --------- Page ------ Surveyor's Records of County, Texas. Witness my hand this ___ __-______day of ------------ A. D. 19 County ------------------- of ----____-- County, Texas