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HomeMy WebLinkAboutResolution - 5618 - Memorandum Of Agreement & Deed - TDOT - 16,431 Sq Ft, Original Town Addition - 09_11_1997Resolution No. 5618 Item #24 September 11, 1997 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 Memorandum of Agreement and a Deed conveying some 16,431 square feet, more or less, of land out of Lots 1-5, Black 32, Original Town Addition of Lubbock, as recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, in favor of the Texas Department of Transportation, said Deed to be in a form that shall be acceptable to the City Attorney of the said City of Lubbock. Passed by the City Council this IIth day of MAYOR PRO TEM ATTEST KaytiT Darnell, City Secretary APPROVED AS TO CONTENT: Cam - Ed Bucy, Right -of -Way ent APPROVED AS TO FORM: arold Willard, Assistant City Attorney dalccdocslmcmagrm t. res August 25, 1997 Resolution No.5618 Item #24 September 11, 1997 Texas Department of Transportation ROW-RIN-1 (Page 1 of 4) T9-96 City of Lubbock P.O. Box 2000 Lubbock, Texas 79408 Dear Property Owner(s): MEMORANDUM OF AGREEMENT County: Lubbock Highway No.: U.S. 82, (East-West Freeway) Location: From 2.012 km S.W. of Loop 289, To: 1.287 km East of IH-27 Project No.: 8005-1-20 CSJ No.: 0380-01-053 Account No.: 8005-1-20 Parcel No.: 234 You have indicated a willingness to sign a deed for your property which consists of 1,526.5 M2 (16,431 sg.ft.) of land out of Lots One (1), Two (2), Three (3), Four (4) and Five (5), Block Thirty -Two (32), Original Town of Lubbock, Lubbock County, Texas and located at 4th Street & Parkway Drive It is important to confirm this agreement in order to avoid any possible miunderstanding as to the details of the purchase or the process by which the Texas Department of Transportation (TxDOT) will make payment. The payment of $178,000.00 as herein agreed will constitute full payment to be made by TxDOT for the property to be conveyed to the State. TxDOT and the owner(s) have agreed to the following provisions: Until payment is made by the State, title and possession of the property to be conveyed remains with you. You shall bear all risk of loss to any and all such property prior to such payment. Either you or the State shall have the right to terminate this agreement. That you will execute a general warranty deed to the State conveying a clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the Deed. Save and Except, However, it is expressly understood and agreed that Grantors are retaining We to the following improvement(s) located on the above described property, to - wit: NONE MEMORANDUM OF AGREEMENT August 21, 1997 In consideration of the State's allowing Grantors to occupy the herein described land after its acquisition by the State, Grantors agree that such occupancy shall terminate not later than December 1,1997, subject, however, to such written extensions of times as the State may grant. Such extensions will be granted only upon a showing by Grantors of extenuating circumstances which in the sole opinion of the State will justify such extension. Grantors agree that such occupancy shall be for their benefit exclusively, and the Grantors acknowledge that said occupancy hereunder shall be for their sole benefit and that no payment has been made or is to be made to the State for use of said premises, and that any attempt to assign such benefit, or to lease, rent, sublet, or in any manner suffer or permit occupancy of the land or improvements thereon by a third party shall automatically suspend the operation of this provision, and the State shall then have immediate right of possession. With respect to any improvements looted upon said land, title to which is to be acquired by the State, Grantors shall make every reasonable effort to keep such improvements in good repair and shall exercise such diligence as may be necessary to protect same from damage. Grantors acknowledge that they are occupying the premises "AS IS" with all faults. Grantors hereby waive any and all causes of action, claims, demands, damages and liens based on any warranty, expressed or implied, including but not limited to any implied warranty of suitability for a particular purpose and any warranty of habitability. Grantors shall indemnify and hold harmless the State, its successors or assigns and its agents, representatives and employees ("Indemnified Parties"), against any and all proceedings, suits, actions, claims, damages, judgments, liabilities, awards and expenses whatsoever C'Claimsj which may be brought or instituted on account of or growing out of any and all injuries or damages, including death, to persons or property relating to any occurrence in, upon, at or from the said premises or any part hereof, and all losses thereto, including but not limited to, all costs of defending against, investigating and settling the Claims. Grantors agree that the State's employees or agents may make inspections of the premises from time to time, and that the State will be notified at the time Grantors vacate the premises. `i MEMORANDUM OF AGREEMENT August 21, 1997 After the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation as determined through eminent domain proceedings to acquire real property, you will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the property for use by the Texas Department of Transportation. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and similar expenses incidental to conveying the real property to the Department and (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. You may file a written request for review if you believe that the Department failed to properly determine the eligibility for or the amount of incidental expenses to be reimbursed. There is no standard form on which to request a review of a claim; however, the claim must be filed with this office within six months after you are notified of the Department's determination on any claim for reimbursement. The payment of the amount herein stated and the terms provided constitute the only promises, consideration and conditions of this purchase; and, no other promises, consideration or conditions have been signified or implied, save and except any benefits which may accrue to you under the State's Relocation Assistance Program and the mutual benefits to be derived by you and the Texas Department of Transportation from the signing of this agreement. The State, without cost to you as the owner, will pay the cost of recording all instruments conveying title to the State. It is suggested that you carefully review the proposed Right of Way Deed and satisfy yourself as to its provisions. With your signing of this agreement and execution of the Right of Way Deed, the State will proceed with the issuance of a State warrant, which will be made out jointly to you and to West Texas Title Company, Inc. agent for Old Republic National Title Insurance Company. 3 MEMORANDUM OF AGREEMENT August 21, 1997 This company has been designated as the State's closing agent and is responsible to see that TxDOT obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. Sinter ly, a R. Utley, P.E. District Engineer, Lubbock District Texas Department of Transportation "I (We) fully understand the Texas Department of Transportation's proposal as contained in this agreement and hereby acknowledge receipt of the brochure entitled "Relocation Assistance." I (we) understand that relocation assistance benefits are handled entirely separate from and in addition to this transaction and agree that my (our) execution of the Right of Way Deed is based on this understanding." The City of Lubbock by: I AIM "TY" COOKE title: —dayfr—mikm PRn TPm Texas Vendors Identification No. or/ 1-75-6000590-6 ATTEST: Kayt i Darnell City cretary CRUIjtb September 11, 1997 Date: 4 Federal Employee Identification No. Resolution No. 5618 Item #24 September 11, 1997 After recording, please return this instrument to: TX -DOT, ROW Section, P.O. Box771 Lubbock, TX 79408-0771 Texas Department of Thumporta6ion Form D-15-11 (Whole Taking) Page 1 of 3 Rev. 9191 DEED Acct No. 8005-1-20 Controlled Access Highway Facility Parcel No. 234 TIDE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the Texas Transportation Commission has been authorized under House Bill 179, Acts of the 55th Legislature, Regular Session, 1957 (Article 6674w-1, et seq., Vernon's Annotated Civil Statutes of Texas) to purchase land and such other property rights deemed necessary for the purposes of facilitating the construction, maintenance and operation of Controlled Access Highways; and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary by the Texas Transportation Commission for the purposes of facilitating the construction, maintenance and operation of a Controlled Access Highway facility; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, The City of Lubbock of the County of Lubbock, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of One Hundred Seventy-eight Thousand and No/100 Dollars ($178,000.00) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, more particularly described in Exhibit "A", which is attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit "A", to wit: NONE Grantors reserve all of the oil, gas and sulphur in and under the Iand herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. GRANTEE'S ADDRESS: Texas Department of Transportation, ROW Section, P.O. Box 771 Lubbock, TX 79408-0771 WILSON SURVEYING CO., INC. �kN Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA . NEVADA . UTAH County: Lubbock Account No: 8005-01-20 CSJ No: 0380-01-053 Highway No: U.S. 82 Parcel No: 234 Grantor: City of Lubbock, Texas EXHIBIT "A" Being 1,526.5 M2 (16,431 square feet) of land out of Lots One (1), Two (2), Three (3), Four (4), and Five (5), Block Thirty -Two (32), Original Town of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 5, Page 3 84 of the Deed Records of Lubbock County, Texas, and being the same property described by deed dated August 14, 1925 by the County of Lubbock, Texas to the City of Lubbock, Texas and recorded in Volume 97, Page 480 of the Deed Records of Lubbock County, Texas. A plat of even survey date herewith accompanies this legal description, SURVEYED ON THE GROUND JUNE, 1996 f OF :- C ........................ GARY Q. wILSON ,...................... r .14- , , •,4239 �p ��FSs�� AA i REGISTERED PRObESSIONAL LAND SURVEYOR s u R,w IZ-IE�-�?b. Note: English units are provided for information only. PAR234x.DOC (806) 792-4731 • Fax (806) 792-1646 • 3330 70th Street, Suite 201 • Lubbock, Texas 79413 Tana DepuUme of Transportation Foam D-15.11 (Whole Taking) Page 2 of 3 Rev. 9/91 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever, and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof: IN WITNESS WHEREOF, this instrument is executed on this the day of 19 97 The City f L boc r by ALEX "TY" COOKE title: mtr= MAYOR PRO TEM ATTEST: KaythN Darnell City Ucretary CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public, on this day personally appeared 4itjBy S fF^z— ALEX "TY" COOKE Mayor Pro Tem of the City of Lubbock , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said At — City of Lubbock UWpIUQUK that7 ah&was duly authorized to perform the same by appropriate Cit of Lubbock resolution &Xj5&lltYdk and that li�e/she executed the same as the act of s� r1 for the purposes therein expressed„ and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day ofz4m&11/ ,19 97 lc'� ACV, Notary Public, State of Texas ��• c s ANDREA SELL Notary Public, State of Texas Ivry Commission expires on the clay of +9,$ . MY Commission Expires (�fi-25-Elt 0 Texas Department of Transportation FormD-I5-11 (WholeTaheng) Page 3 of 3 Rev. 9/91 After recording, please return this instrument to: Texas Department of Transportation Attn.; Mr. Joe T. Brown, Jr. P.O. Box 771 Lubbock, Texas 79408-0771 Parcel No. County Highway No. CSJ No. Account or Federal No. Limits: 234 Lubbock 82 0380-01-053 8005-1-20 From: 2.012 km (1.25 miles) S.W. of Loop 289 To: 1.287 km (0.8 miles) East of IH-27 DEED Controlled Access Highway Facility Grantors: City of Lubbock To: The State of Texas, Austin, Texas CERTIFICATE OF RECORDING PARCEL No. SSS TOTAL AREA: 1526.5 M2 (1 6431 S0. FT. ) R. 0. W. ACOUI SI TI ON: 1526. 5 M2 ( 16431 SO. FT. ) REMAINDER: NONE 0.659 m (67,78') LT. STA.16+139.378 00 �J BLDG.ENCROACHMENT ED �4 th 82 Stre, c� FENCE ENCROACHMENT S 8 7 ° 4-93 x 4.297 m w 20.8' Tank - ---- 2.5 - � E (R=53.9') rI � LJ .IO it - ----- ------------ ---, ----- ---- - _�,�-------- I -x-- 1 N 870 45'44" W 38.414 m (126.031) (Vol. 197, P9. 213) TOPOGRAPHIC FEATURES SHOWN HEREON WERE OBTAINED BY AERIAL PHOTOGRAMMETRY FURNISHED BY TXDOT LEGAL DESCRIPTION ALL OF LOTS 1, 2, 3, 4 AND 5, I N BLOCK 32, I N THE ORI GI NAL TOWN OF LUBBOCK VOLUME 97, PAGE 480 j \ (14:10') \ SCALE = 1:300 0 SET V2' ROD WITH CAP UNLESS NOTED — — — — — — EXIST. R.O.W. A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. SURVEYED ON THE GROUND JUNE,1996 REGISTERED VFESSIOUBINTERSTATE 1R�;9$R ':,.q s r�Fo ss' \........... INILSON239 �.P:� Q. .NOTES:Ss 11 -BASIS OF BEARINGS:EBEARINGS ARE GRID BEINTERSTATE 27 CONTROL POINTS AS ESTABLISHED BY TXDOT FROM LAMBERT GRID SYSTEM, NAD 27, TEXAS NORTH CENTRAL ZONE. ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY. GIST. NAPE PLAT OF SURVEY COUNTr LUBBOCK OF PROPERTY LUBBOCK OF ACCOUNT NO. CITY OF LUBBOCK. TEXAS VOL. 97. PG. 480 DATE OF SURVE 8005-01-20 CSJ 380-01-053 JUNE,1996 U.S. 82 ROW ACOUISI?ION 1526.5 M2 (1643, SO.FT.)