HomeMy WebLinkAboutResolution - 022874M - Memorandum Agreement - State Highway Commission - Section 36 Block A - 02_28_1974JWF : pm
RESOLUTION D
!01- j! BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Manager of the City of Lubbock is hereby
authorized and directed to execute for and on behalf of the City of Lubbock, a
memorandum of agreement with the State of Texas and/or the State Highway
Commission and/or the State Highway Department of the State of Texas covering
the agreement by said City to convey to the State of Texas some 13. 718 acres of
land out of Section 36, Block A', Lubbock County, Texas, for state highway
rigiit-of-way purposes. Said City Manager is further authorized to execute a
request for payment on behalf of the City of Lubbock to the Texas Highway
Department on Form 132 of said Department in the amount of $93, 694. 00 to be
paid by said Department to the City of Lubbock as consideration for the convey-
ance of said 13. 718 acres of land as above set forth. A copy of -buch memoran-
dum of agreement and Form 13 2 request for payment shall be spread upon the
minutes of this Council, and as so spread upon the minutes shall be a part
hereof as if fully copied herein in detail.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a general warran-
ty deed from said City unto the State of Texas for state highway purposes covering
j the 13. 718 acres of land referred to in Section 1 hereof. A copy of said deed on
1 Texas Highway Department Form D-5-12 duly executed shall be spread upon the
minutes of this Council and as spread upon the minutes of this Council shall
{become a part hereof for all purposes as if fully copied herein in detail.
Passed by the City Council this 28th day of February 1974.
MORRIS W. TURNER, MAYOR
ATTEST:
X /
reva Phillips, City, ' cretary-Treasurer
APPROVED AS TO FORM:
r, Jr., City^ttorney
Parcel 52
Texas Highway Department IH 27
Form D-15-12 (Partial Taking) Lubbock County
Page 1 of 6 9005-27-1
Rev. 3-62 I-27-7(5) 308
DEED
CONTROLLED ACCESS HIGHWAY FACILITY
THE STATE OF TEXAS
COUNTY OF Lubbock'
WHEREAS, the State Highway 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 State Highway 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, City of Lubbock. Texas. a Municipal Corporation
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 Ninety-three Thousand
Six Hundred Ninety-four and no/100---------- Q.93,694.00--i Dollars, to Grantors
in hand paid by the State of Texas, acting by and through the State Highway 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 particu-
larly described as follows, to wit:
13.718 acres of land out of and a part of Section 36.,.Block A, Lubbock County, Texas,
which tract was conveyed to the City of Lubbock by Deed's dated March 26, 1973 and
Recorded in Volume 1338, Page 223 and Volume 1338,. Page 225, Deed Records of Lubbock
County, Texas, which 13.718 acres of land is more particularly described by metes
and bounds as follows: "
BEGINNING at a point of intersection of the North line.of a county road,and the East
right-of-way line of U. S. 87,.being 21.6,feet North and'_51
230.00 feet Wgst of the
Southeast corner of'Section 36, Block A;
THENCE North 0° 03' West, 2,618.40 feet along the East right-of-way line of U. S. 87
to the North property line of the City of Lubbock tract;
THENCE North 890 57' East, 210.00 feet along said North property line to a point;
THENCE South 0° 03' East, 1,236.22 feet along a line to a point;
THENCE South 20 54' 46" East, 1,383.50 feet to a point in.the North line of a county
road;
No Text
Form D-15-12 (Partial Taking)
` Page' 3 of 6
Rev. 3-62
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are
retaining title to the following improvements located on the above described property,
to wit:
None
ant and agree to remove the above described improvements from sa
by subject, however, to ensions of time
as may be granted by the State in writing; an Grantors fail or
refuse to remove same within sa of time prescribed, then., wit ou
consideration a to all or any part of such improvements not so removed shall
and vest in the State of Texas forever.
Form D-15 12 (Partial Taking)
Page 4 of 6
Rev. 3-67
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 Grantor's remaining property to said highway
facility "shall be governed henceforth as indicated in Paragraphs (A) and/or (B) herein
below; and all abutter's rights, including rights of ingress and egress and the right
of direct access to and from Grantor's 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 Grantor's remaining property will be permitted:
To the remainder abutting the highway facility.
(B) Access to and from Grantor's remaining property will be denied:
Will not be denied. -
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 reserva-
tion shall affect the title and rights of the State to take and use all other minerals
and materials thereon, therein and thereunder.
`Form D-15-12 (Partial Taking
Page 5 of 6
Rev. 10-b3
TO HAVE AND TO HOLD the above described premises herein conveyed together with all and
singular the rights and appurtenances thereto in anywise 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 28th day of
February . 19 71+
CITY OF LUBBOCK. TEXAS. a Municipal Corporatio
}
Treva Phillips, C ty Sec.-Treas. Morris W. Turner, Mayor
SINGLE ACKNOWLEDGMENT
THE STATE O.F TEXAS c'
County of-=� ------ - --- -- - -- --------
Before men notary public in and for said County and State, on
this day personallyappeared
- known to me (or proved to me on
the oath of -__,_._--------------- _--____ ____._�_, a credible witness) to be the person whose name
___subscribed to the fpregoing instrument anal'. acknowledged to me that —he____ executed the same
for the purposes and consideration therein expressed.
Given under my hanA'-Und seal of office, this the day of 19
Notary Public in and for __-____------ - ------ r---
___:__________ County, Texas.
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS,'
County of -
Before me,-:__, , a notary public in and for said County and State, on
this day personally appearedwife of
Y_ T _._, kijgym to one (or proved to me on the oath of
t.
a credible witness) to be the person whose name is
subscribed 'to• the. foregoing instrument, anil, -baviniz been examined by me privily and apart from her
husband, and having the same fully explained to'her, she the said
acknowledged such instrument to be her act and deed, and declared tliat'she had willingly signed the
same for the purposes and consideration therein expressed, and that she did not wish to retract it.
Given under my hand and seal of office, this the __________ day of ____------- ------- ----- -_
Notary Public in and for _._.--- _---- County, Texas.
Form D-15-12 (Partial Taking)
Page 6 of b
Rev. 3-62 CORPORATION ACKNOWLEDGMENT
STATE OF TEXAS
County of ____Lubbock
BEFORE ME, the undersigned authority, a notary public in and for___..____Iuj?h9Qk--------- r------- County,
Texas, on ,this day ,personally appeared-__. Morris W. Turner -
-- - -- - - --- ----_. --------- --- --- ---- -
Ha or Cit f Lubbock
of ��__�— Y -o- ---- ------ ------ ------------- , 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— City_ of Lubbock _Texas, a _mupal$ corporation and that he executed the
same as the act of s#h,corporation for the purposes and consideration therein expressed, and in the capacity
therein stated. .:
Given under any Lubbock hand and seal of office, this the A day of—_-- 19__ 71'
Notary Public in and for.___________.___ w_ _,____Co tv. Texas.
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ENDORSEMENTS
THE STATE OF TEXAS,
County of
Clerk of the County Court of said County, do hereby
certify that the foregoing instrument of writing, dated the day of _____-_—.A. D. 19____—_
with its authentication, was filed for record in my office on the __.__--__day A. D. 19-_
at____ - _o'clock _____M., and duly recorded this the------ day of ______-____._ _,_____ ______, A. D. 19.—_
at ----o'clock ------ M., in the Deed Records of said County, in 'Volume on
Witness my hand and the seal of the County Court of said County, at office in ---------- ---__-:_____--�__.
Texas, the day and year Iast above written.
Clerk of Court, --____County, Texas.
- BY ---- --- _ _._ »_ Deputy.
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