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HomeMy WebLinkAboutResolution - 4244 - Accept Dedication Of A Public Park In King's Park Addition - 08_26_1993Resolution No. 4244 August 26, 1993 Item #44 RESOLUTION WHEREAS, the City of Lubbock and Sentry Savings Association, as trustee and authorized agent for several other financial institutions, herein called "Grantors," executed a Drainage Easement recorded in Volume 2655, Page 59 of the Real Property Records of Lubbock County, Texas; and WHEREAS, included within the above -referenced Drainage Easement was an agreement between the City and Grantors for the development of a public park; and WHEREAS, Grantors' successor in interest, being Escondido Oil Company, and also Graco Real Estate Development Inc., have developed a public park in accordance with such agreement, and addendums thereto; and WHEREAS, the Director of Parks and Recreation for the City of Lubbock has advised the Council that the proposed park has been developed in accordance with the plans and specifications for said park and recommends that the property on which the park is located be dedicated as park property and be accepted by the governing body of the City as park property; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Council hereby accepts as park property the real property, together with improvements thereon, described in the two instruments entitled "Correction Dedication of Public Park," both of which are attached to this Resolution and incorporated herein for all purposes. SECTION 2. THAT the Right -of -Way Agent for the City of Lubbock is hereby authorized and directed to file said instruments dedicating such property and impTexas.n p�Tk�property in the Real Property Records Lubbock County, Texas. �� �'� Passed by the Cit, ATTEST: etty o n n, City Secretary APPROV 7 TO CONTENT: Lee Os -born, Director of Parks an Recreation HW:dw/agenda-D1/Sentry.res July 29, 1993 APPROVED AS TO FORM: arold Wi ^ aid I ssistant it Y Attorney real of r xesoiurion No. 4L44 August 26, 1993 Item #44 CORRECTION DEDICATION OF PUBLIC PARK THE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, this is to certify that GRACO REAL ESTATE DEVELOPMENT, INC., a Texas corporation (herein "Dedicator"), acting herein by and through its duly authorized officer, is the owner of a tract of land described as follows: Being all of that portion of Lot 12, King's Gate North, an Addition to the City of Lubbock, Lubbock County, Texas, located outside of the previously dedicated Orlando Avenue, and being further described as follows: BEGINNING at a point which bears N. 00°02'46" E. 450.00 feet and N. 89°59'40" E., 1,146.56 feet from the Southwest corner of Section 11, Block E-2, Lubbock County, Texas; THENCE Northwesterly around a curve to the left, said curve having a radius of 457.32 feet, a central angle of 20°41'14", tangent lengths of 83.47 feet and a chord distance of 164.22 feet; THENCE N. 34033'52" W. a distance of 121.75 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 111.95 feet, a central angle of 74°35'02", tangent lengths of 85.26 feet and a chord distance of 135.66 feet; THENCE N. 40001' 10" E. a distance of 337.69 feet; THENCE N. 89059'40" E. a distance of 41.78 feet; THENCE N. 00002'46" E. a distance of 30.00 feet; THENCE N. 89059'40" E. a distance of 274.97 feet; THENCE S. 00002'46" W. a distance of 674.12 feet; THENCE S. 89059'40" W. a distance of 403.44 feet to the Point of Beginning; and WHEREAS, Dedicator, by this instrument, wishes to dedicate the above described property to the public in general, for City park purposes; and WHEREAS, this instrument is given for purposes of correcting that former Dedication of Public Park which was, by mistake, recorded in Volume 4069, Page 281, Real I \ Property Records of Lubbock County, Texas, the terms of which were never approved and accepted by the City of Lubbock, nor by the Public in general by implication, thereby rendering the document void, and this Correction Dedication of Public Park is being given to correct that mistake, and is in full substitution for the prior document. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the special benefits to the remainder of its property, and subject to any and all easements previously granted or dedicated on the above described property, Dedicator does hereby DEDICATE the above described property to the PUBLIC, for PUBLIC USE FOREVER, for public park purposes, and all incidents of ownership held by Dedicator not inconsistent with the public use of the above described property for public park purposes, are hereby expressly reserved by Dedicator. THE PLAINS NATIONAL BANK OF LUBBOCK, being a lienholder against a portion of the above described property, joins in the execution of this correction instrument for the sole purpose of showing its assent thereto, and that it has no objection to the dedication of the above described property as a public park, and it hereby subordinates its liens to the rights dedicated herein as to the above described property only. WITNESS the execution hereof this 28th day of July, 1993. GRACO REAL ESTATE DEVELOP 'INC. G. andall Andrew , President THE PLAINS NATIONAL BANK OF LUBBOCK By: Jerry er Senior V esident 2 THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the j day of July, 1993, by G. Randall Andrews, President of GRACO REAL ESTATE DEVELOPMENT, INC., a corporation, on behalf of said corporation. - �NQRA K./yS�P�Aylpl�GnH m W'�tt USSION EWRES ✓''� Narch 22,1997 THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the ZA—h day of July, 1993, by *'X Vice President of THE PLAINS NATIONAL BANK OF'LUB13OCK, a corporation, on behalf of said corporation. BRENDA STANFIELD • • Nohry Public, State of Texas 11'�. My Commission Expires 4.23-96 901 � 3 pi xv �& POWNERNIM,- a N; Kesolution No. 4244 August 26, 1993 Item #44 CORRECTION DEDICATION OF PUBLIC PARK THE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, this is to certify that ESCONDIDO OIL, INC., a Texas corporation (herein "Dedicator"), acting herein by and through its duly authorized officer, is the owner of Tracts "I" and "J", King's Park, an Addition to the City of Lubbock, Lubbock County, Texas, as shown on Plat filed for record in Volume 4197, Page 64, Real Property Records of Lubbock County, Texas; and WHEREAS, Dedicator, by this instrument, wishes to dedicate the above described property to the public in general, for City park purposes; and WHEREAS, this instrument is given for purposes of correcting that former Dedication of Public Park which was, by mistake, recorded in Volume 4069, Page 283, Real Property Records of Lubbock County, Texas, the terms of which were never approved and accepted by the City of Lubbock, nor by the Public in general by implication, thereby rendering the document void, and this Correction Dedication of Public Park is being given to correct that mistake, and is in full substitution for the prior document. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the special benefits to the remainder of its property, and subject to any and all easements previously granted or dedicated on the above described property, Dedicator does hereby DEDICATE the above described property to the PUBLIC, for PUBLIC USE FOREVER, for public park purposes, and all incidents of ownership held by Dedicator not inconsistent with the public use of the above described property for public park purposes, are hereby expressly reserved by Dedicator. WITNESS the execution hereof this /.�- day of July, 1993. ESCONDIDO OIL, INC. By: . A. Sessions, resident THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the day of July, 1993, by H. A. SESSIONS, President of ESCONDIDO OIL, INC., a Texas corporation, on behalf of said corporation. Mu►ettrN unot wArrs No&y P lic, State of Texas of .�r Pb" r...r P