Loading...
HomeMy WebLinkAboutResolution - 5759 - Deed - Original Town Addition - 02_12_1998RESOLUTION NO.5759 Item #21 February 12, 1998 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 Deed conveying some 21,871 square feet, more or less, of land out of Tract "A", Entrada Del Norte Subdivision of Block Eight (8) and Block Twenty -Four (24), Original Town Addition, to the City of Lubbock, as recorded by Dedication Deed in Volume 1429, Page 278 of the Deed Records of Lubbock County, Texas, in favor of the Texas Department of Highways and Public 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 12 th day of , 1998. 6k- Y TON, MAYOR ATTEST: Kay0j Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Aged APPROVED AS TO FORM: #42�1-09 %&ate4a Harold Willard, Assistant City Attorney HW:gs/Entradases January 16, 1998 RESOLUTION NO.5759 Item #21 February 12, 1998 After recording, please return this instrument to:TxDot, ROW Dept., P.O. Box 771, Lubbock, TX 79408 Tema Depadmu of Tnrapaubon Fa«m D•1J•12 (Partial Taking) Page 1 of4 Rev. 9/91 DEED Acct No. 8005-1-20 Controlled Access Highway Facility Parcel No.198 THE 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 Twenty Seven Thousand, Three Hundred Thirty-nine and Nol100 Dollars ($27,339.00) 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 land 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. M Grantors hereby acknowledge that their use of and access to the expressway lanes to be constructed in conjunction with the highway facility of which the land hereby conveyed shall become a part, shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof, and Grantors further acknowledge that the design and operation of such highway facility as a Controlled Access Highway require that access from Grantors' remaining property to said highway facility shall be governed henceforth as indicated in Paragraphs (A) and/or (B) hereinbelow; and all abuttees rights, including rights of ingress and egress and the right of direct access to and from Grantors' remaining property to said Controlled Access Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and relinquished insofar as they appertain to Paragraph (B) hereinbelow: (A) Access to and from Grantors' remaining property will be permitted: To the South remainder abutting the highway facility (B) Access to and from Grantors' remaining property will be denied: Access will not be denied GRANTEE'S ADDRESS: Texas Department of Transportation,.ROW Dept, P.O. Bo: 771, Ubbeck, TX 79408 Tcxaa DeparCnem ofTransportatm FCM D.15-12 s moia Ta i'q) Page D of 4 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 VVHEREOF, this instrument is executed on this the of February , 1998 City of Lubbock By. Windy S i ton Titl$ayor I/ - A Attest. Kaythi arnel t City Se retary THE STATE OF TEXAS, COUNTY OF Lubbock CORPORATE ACKNOWLEDGMENT } } 12th BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Windy Sit ton day Mayor of the City of Lubbock known to me to be the per and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Lubbock MKW)", that !k/she was duly authorized to perform the same by appropriate C i tyy of Lubbock resolution olTand that We/she executed the same as the act oMiaK2fAS'}fd A" for the purposes therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, flosl 12th Ly f February 19 98 N brie, State o Texas My Commission expires on the day of 19 WILSON SURVEYING CO. INC. 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: 198 Grantor: City of Lubbock, Texas EXHIBIT "A" Being 2,031.9 M2 (21,871square feet) of land out of Tract A, Entrada Del Norte Subdivision of Block 8 and Block 24, Original Town, City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 1429, Page 278 of the Deed Records of Lubbock County, Texas, and being the same property conveyed by deed dated June 25, 1975 by Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas to the City of Lubbock, Texas and recorded in Volume 1431, Page 828 of the Deed Records of Lubbock County, Texas, which said 2,031.9 M2 (21,871square feet) of land is more particularly described as follows: BEGINNING at a %" Iron Rod with Cap, set for the Southwest and beginning corner of this parcel whence the Northeast corner of Lot 24, Block 7, Original Town bears North 02 ° 1 T04" East 8.403 meters (27.57 feet); (1) THENCE North 02° 1T04" East, along the East line of Block 7, Original Town, a distance of 6.892 meters (22.61 feet) to a 'N' Iron Rod with Cap, set in the existing South Right -of -Way line of U.S. Highway 82 (4th Street) for the Northwest corner of this parcel; (2) THENCE South 89019'10" East , along the existing South Right -of -Way line of U.S. Highway 81(4th Street), at a distance of 30.489 meters (100.03 feet) pass a found 3/8" Iron Rod, continuing for a total distance of 58.226 meters (191.03 feet) to a'/2" Iron Rod with Cap, set for a corner of this parcel; (3) THENCE South 87°49'10" East, along the existing South Right -of -Way line of U.S. Highway 82 (4th Street), a distance of 34.708 meters (113.87 feet) to a Railroad Spike, set for a corner of this parcel; PAR198x.DOC (806) 792-4731 • Fax (806) 792-1646 • 3330 70th Street, Suite 201 • Lubbock, Texas 79413 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH (4) THENCE Southeasterly along the arc of a curve to the right, an arc distance of 16.307 meters (53.50 feet) to a Railroad Spike, in the existing Westerly Right -of -Way line of Texas Avenue for a corner of this parcel, said curve has a Radius of 9.144 meters (30.00 feet) and a chord that bears South 36°43'35" East 14.231 meters (46.69 feet); (5) THENCE Southwesterly along the are of a curve to the right, the existing Westerly Right -of - Way line of Texas Avenue, an are distance of 31.324 meters (102.77 feet) to a'h" Iron Rod with Cap, set for the Southeast corner of this parcel, whence the Southwest corner of Lot 13, Block 8, Original Town bears South 02° 1704" West 54.224 meters (177.90 feet) and North 87049'10" West 17.718 meters (58.13 feet), said curve has a Radius of 160.804 meters (527.57 feet) and a chord that bears South 19 ° 56'49" West 31.276 meters (102.61 feet); (6) THENCE North 22°28'41" West, along the Proposed Right -of -Way line of U.S. Highway 82, a distance of 11.445 meters (37.55 feet) to a 1/2" Iron Rod with Cap for a set corner of this parcel; (7) THENCE North 72°46'34" West, along the Proposed Right -of -Way line of U.S. Highway 82, a distance of 53.191 meters (174.51 feet) to a'/2" Iron Rod with Cap for a 561 corner of this parcel; (8) THENCE Northwesterly along the arc of a curve to the left, the Proposed Right -of -Way line of U.S. Highway 82, an arc distance of37.058 meters (121.58 feet) to the P.O.B., said curve has a Radius of491.954 meters (1614.02 feet) and a chord that bears North 74°56'03" West 37.052 meters (121.56 feet). A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND JUNE, 1996 l ................... (� Jom N. WILSON u.................... RE PROFE SIONAL LAND SURVEYOR` �'49 2W Note: English units are provided for information only. PAR198x.DOC (806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 201 . Lubbock, Texas 79413 .. V�I�ILS4N SURVEYING CO., INC. � 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: 198 Grantor: City of Lubbock, Texas 11 .01101 Access will be permitted to the South remainder abutting the highway facility. f 1 PAR198xb.DOC (806) 792-4731 • Fax (806) .792-1646 - 3330 70th Street, Suite 201 . Lubbock, Texas 79413 PARCEL No. 198 TOTAL AREA: 6,606.6 M2 (71 ,1 13 SQ. FT.) R.O.W. ACQUISITION: 2,031.9 M2 (21,871 SQ. FT.) REMAINDER: 4,574.7 M2 (49,242 SQ. FT.) �rrr U.S. 82 UNDERPASS RETAINING WALL �� 24 ` THIS POINT BEARS \8.403 m (27,37') FROM THE - ORIGINAL N.E. CORNER LOT 24. BLACK 7, 0_T. LUBSOCK 23 (VOL. 994, PC. 642) \ 22 FILE: H STREET) S 89 19'1 E 58.226 m 191.03' E30 4489 m 100.03' �- FD. 3f8" 27.737 m (9 _ 01. 0') _N I.R. Of � v MONITORIINNG WELL m 1-1 MONITORING WELL ' Q, 54 m51614.02 )R=491.9( L= 37.058 m (121.58'E CH.BRG.=N 746'03" W 052m(137.21.56') A a` _ N LA..I :r Z o W 0 MANHOLE pROp OSE 7 '46. 41, R.O.W . 'O.W. W 53.1y 1 � (1 LEGAL DESCRIPTION: TRACT "A", ENTRADA DEL NORTE SUBDIVISION OF BLOCK EIGHT (8) AND BLOCK TWENTY-FOUR (24), ORIGINAL TOWN, CITY OF LUBBOCK (VOL. 1431, PG. 828) .- . • 0 _ . i 87 9' 10" 34.708 m (113.87') SET R. . SPIK R=9.144 m (30.00) 6.307 m (53.50') AiONITORING CH.B 36043'35' E 6WELL 14.2 4 .69) SET R. R. III SPIKE R=160. 04 m (527.57') L=31.3 4 m (102.77') CH.BRG =S 19056'49" W 31.276 m (102.610) s� TRACT "A" I / NO IMPROVEMENTS I .. R=160.804 m (527.57') L=52.514 m (172.29') CH.BRG.=S 23043'19" W 52.282 m (171.53') 11 (577 .58') 148.E ' 058'45 ' W m (1 8.67') R 1761.620 m (5779.58') L 1.826 m (5.991) C .BRG.=N 39°12'45" W 1.826 m (5.99') N 87°42'56" W 9.458 rn4,310 PLAT CALL 35 Fv I.87-42-56" E PLAT CALL S, �,p A 04 R=1761.620 m (5779.58') L=29.413 m (96.50') CH.BRG.=N 38°21'42" W 29.413 m (96.50') 22 2$ 41 W 11.445 m (37.55') R=160.804 (527.57') L=21.190 m (69.52') CH. RG.=S 9°18'10" W \ 21.1 4 m (69.47) z Z 2--f I b E to C�• / h L `may ty ��QJ i3 P / od` CO) 00 �Q` h FD. 3/ " I.R. 6.096 /(20') UTILITY EAAFkr 4.731 m (212.37') RT. STA 15+345.663 THIS POINT BEARS N 2"17'04" E 54.224 m (177.90') AND S 87°49'10" E 17.718 m (5B.13') FRAAA THE 1LR OF w7 13, MUCK 8. O.T. LUBBOCK SCALE = 1 :400 • = SET 1 /2" ROD W/ CAP ■ = SET 1 /2" ROD W/ CAP PROPOSED R.Q.W. EXISTING R.O.W. III CONTROL OF ACCESS LINE BASIS OF BEARINGS: BEARINGS ARE GRID BEARINGS BASED ON INTERSTATE 27 CONTROL POINTS AS ESTABLISHED BY xGR D SYSTEM, NAD20T TEXAS NORTFROM H CENTRAL ZONE. NOTE: ENGLISH UNITS ARE PROVIDED A LEGAL DESCRIPTION OF EVEN SURVEY DATE FOR INFORMATION ONLY. HEREWITH ACCOMPANIES THIS PLAT. SURVEYED ON THE GROUND JUNE, 1996 S r P`Q•�'�q r �'':�`` F4+�t'. •GARYD.WILSON.. DIST .NAME PLAT OF A SURVEY COUNTY LUBBOCK OF PROPERTY LUBBOCK CITY OF LUBBOCK ACCOUNT NO. VOL. 1431, PG. 828 DATE OF SURV REGISTERED Fr FESSIONAL LAND SURVEYOR U s 8005-01-20 CSJ 0380--01-053 z r ! _ U.S. 82 JUNE1996 , G- ROW ACQUISITION 2,031.9 M2 (21,871 SO. FT.) , 1 Tax= Depar m m of TranspWatloa Form D(5.12 (Partial Taking) Page 4 of 4 Rev. 9N L After recording, please return this instrument to: Texas Department of Transportation Attu..: Mr.Joe T. Brown, Jr. P.O. Box 771 Lubbock, Texas 79408-0771 Parcel No. 198 County Lubbock Highway No. 82 CSJ No. 0380-01-053 Account or Federal No. 8005-1-20 Limits: 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