HomeMy WebLinkAboutResolution - 112272H - Special Warranty Deed - Troy V. Post - Ellwood Place Addition - 11_22_197211OZ90 #
RESOLUTION
WHEREAS, the City of Lubbock, on October 25, 1968, purchased a certain trac
of land from Walter W. Brand, and wife, Myrtle Brand, and on the same date
entered into an option agreement with the same parties permitting a repurchase of
said land in the event the City Council made the determination that such land was
no longer needed for the proposed street project; and
WHEREAS, the City Council has determined that the property set out in the
deed mentioned above and the deed attached hereto, is no longer needed for the
street right-of-way for the proposed street project; NOW THEREFORE
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 to execute
for and on behalf of the City of Lubbock, a Special Warranty Deed from the City of
Lubbock to Troy V. Post, attached herewith which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall con-
stitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of November , 1972.
tJ4410--
RI,S W. TUR ER, MAYOR
ATTEST:
Lav4nia Lowe, `City Secretary -Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr., City Attor'
SPECIAL WARRANTY DEED
THE STATE OF TEXAS $
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK $
THAT, Whereas on the 25th day of October, 1868 the City of Lubbock by
Warranty Deed acquired the property hereinafter described from l4ALTER'W.
BRAND and wife, MYRTLE BRAND; and
iVHEREAS on even date therewith the City of Lubbock entered into an
Option Agreement with the said WALTER 'k; . BRAND and wife, MYRTLE BRAND,
their respective successors and assigns and legal and personal representatives,
to reconvey the said land to the event the City Council shall at any time before
Ave years from date of such agreement by Resolution expressly determine
that the City no longer has need for said land as rights -of -way for the proposed
street: and
V HEREAS the City Council on November 22 by official Resolution declared
that said land was no longer needed by the City for right-of-way purposes; and
WHEREAS the City of Lubbock has now received a notice from Troy V.
Post, of the exercise of his option to purchase said land, as the Assignee of
Walter W. Brand and wife, Myrtle Brand of the Option Agreement herein described:
WITNESSETH:
T HE CITY OF LUBBOCK, a Home Rule Municipality in the County of
Lubbock, State of Texas, for and in consideration of the sum of THIRTY SIX
THOUSAND AND N01100 ($36, 000. 00) DOLLARS, and other good and valuable
consideration, to it In hand paid by TROY V. POST, of Dallas County, Texas,
receipt and sufficiency of which is hereby acknowledged and confessed, and for the
payment of which no right or lien, expressed or implied, is retained:
Has GRAFTED, SOLD E,and CONVEYED, and by these presents does GRANT,
SELL and CONVEY unto the said TROY V. POST, of Dallas County. Texas, all
that curtain teact and parcel of land lying and being situated in Lubbock County.
Texas, and being more particularly described as follows:
TRACT I That portion of Lot 6, Block 1, Ellwood Place Addition,
Installment No. I to the City of Lubbock. Lubbock County,
Texas, described by metes and bounds as follows:
BEGINNING at the Southwest corner of said Lot 6,
Block t, Ellwood Place Addition;
THENCE North 203.461 along and with the West boundary
line of said Lot 6 to a point on the South right-of-way line
of 19th Street, for the Northwest corner of «his parcel;
THENCE in an Easterly direction 60' along and with the
South right=of-gray line of loth 6treetlp iR point for the
Northeast corner of this parcel '-
THENCE South 106.261 along and with the East boundary
line of skid Lot 6 to a point, said point being the inter-
section of the East boundary line of Lot 6 with a curve
bearing to the right, said curve having a radius of
492. 71 feet and a chord.distance of 102.75 feet;
THENCE Southwesterly on said curve to the right a chord
distance of 102.75 feet to a point, said paint being the
intersection of this curve with the South boundary line of
Lot 6, Block 1;
THENCE Vest 17.49 feet along and with the South line of
said Lot 6, Block 1. to the point of beginning.
Containing 8.770.84 square feet or approximately .202
acres.
TRACT 2 That portion of Lot 5, Block 1, Ellwood Place Addition.
Installment No. t, to the City of Lubbock, Lubbock
County. Texas described by metes and bounds as follows:
BEGINNING at a point on the vest boundary line of Lot 5,
Etock 1. Ellwood Place, said point being 07.44 feet North
of the Sbuthwest corner of Lot 6, Block 1;
THENCE North a distance of 106.26 feet along and with the
West boundary line of Lot 5. Block 1, to a point, said
point being the intersection of the West boundary fine of
Lot 5, Block 1. with the South right-of-way line of 19th
Street, for the Northwest earner of this parcel;
THENCE in an Lasterly direction a distance of 11.6 feet
along and with the South right-of-way tine of 19th Street
to a point, said point being the intersection of the South
right-of-way line of 19th Street with a curve bearing to
the right, for the Northeast corner of this parcel;
TUMNICE Southwesterly along said curve to the right having
a radius of 492. 71 feet and a chord distance of 106. 88 feet
to the point of beginning.
Containing 814.1 square feet.
TO HAVE AND TO HOLD the above described premises. together with
all and singular the rights and appurtenances thereto in anywise belonging to
the sad TROY V. POST, his successors and assigns, forever, and the CITY OF
LUBBOCK. does hereby bind itself, its successors and assigns to WARRANT
AND FOREVER DEFEND all and singular the said premises unto the said TROY
V. POST, his successors and assigns, against every person whomsoever low-
f ttly claiming. or to claim the same, or any part thereof, by, through or under it.
IVITNESS MY BAND this 22nd day of November jg72,
CITY OF LUBBOCK
MORRIS -W. TURNER, MAYOR
ATTEST:
Lavenia Lowe, City Secretary -Treasurer
APPROVED AS TO FORM:
red O. Senter, Jr.. City Attorney
THE STATE OF TEXAS f
COUNTY OF LUBBOCK S
BEFORE ME, the undersigned authority, a Notary Public, in and for
said County, Texas, on this day personally appeared MORRIS W. TURNER,
Mayor of the CITY OF LUBBOCK. known to sue to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he exe-
cuted the same as the act and deed of the CITY OF LUBBOCK and as Mayor,
for the purposes and consideration therein expressed and to the capacity therein
stated.
Notary Public, Lubbock County, Texas
v