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
}
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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)
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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