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Home My WebLink AboutResolution - 080874F - Restrictive Covenant Instrument - HUD - Canyon Lakes - 08_08_1974MR:dw O Fed F�74( F RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 6� Y THAT the Mayor of the City of Lubbock be and is hereby authorized and .f directed to execute for and on behalf of the City of Lubbock a restrictive ` covenant instrument making the sale, lease, mortgaging or creation of other indebtedness or other transfer of all or any part of the tract of land located in the Canyon Lakes Project area in cooperation with the open spaces program of the Department of Housing and Urban Development of the United States Government covering Area 10, Parcel 1, subject to the prior approval of the secretary of said federal department in each such instance; attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein I in detail. Passed by the City Council this 8th day of August 1974. 711 1 &SC2, - ROY B-A S, MAYOR I,- II ATTEST: j 42 Treva Phillips, Cit ecretary-Treasurer APPROVED AS TO FORM: 0�� v— Fred O. Senter, Jr., Ci Attorney DEED RESTRICTIONS THE STATE OF TEXAS § COUNTY OF LUBBOCK § The City of Lubbock, Lubbock County, Texas, a Texas Homerule Municipality herein called "CITY" in consideration of compliance with rules and regulations of the Department of Housing and Urban Development of the United States Government, herein called "HUD", and ^t the special instance and request of HUD and in furtherance of the open spaces purposes and/or programs of said federal department, the City of Lubbock as owner of the tract of land herein described does hereby impress the following restrictive covenant to run with the tract or parcel of land hereinafter described, to -wit: RESTRICTIVE COVENANT "THE SALE, LEASE, MORTGAGING OR CREATION OF OTHER INDEBT- EDNESS OR OTHER TRANSFER OF ALL OR ANY PART OF THE REAL ESTATE HEREINAFTER DESCRIBED OR ANY INTEREST THEREIN IS SUBJECT TO THE PRIOR APPROVAL OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES GOVERNMENT'OR HIS SUCCESSORS IN OFFICE AND/OR AUTHORITY IN THE PREMISES. " Said restrictive covenant next -above set forth shall apply to all land trans- actions (as set forth above) affecting all or any part of the following described tract of land located in Lubbock County, Texas, to -wit: A tract of land out of Section 3, Block B, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a telephone pole for the Southeast and beginning corner of this tract, whence the Southeast corner of Section 3, Block B, Lubbock County, Texas bears South 00 12' East 595. 00 feet; THENCE South 45° 12t West along the Northwest R. O. W. line of the Ft. Worth & Denver R. R. 753. 0 feet to a 3/8 inch iron rod set for the Southerly corner of this tract; THENCE North 5° 40' West 405.4 feet to a 3/8 inch iron rod set for a corner of this tract; THENCE West 300. 0 feet to a concrete monument for a corner of this tract; THENCE North 629.12 feet to a concrete monument for a corner of this tract;. THENCE North 29° 52t West 848. 7 feet to a concrete monument for a corner of this tract; THENCE North 43° 331 West 797. 9 feet to a concrete -- -- monument for a corner of this tract; THENCE Sout h 87° 101 West 535. 7 feet to a concrete monument for a corner of this tract; THENCE North 76° 34' West 730. 6 feet to a concrete monument for a corner of this tract; THENCE North 45' 04' West 667.4 feet to a concrete monument for a corner of this tract; THENCE North 9° 12' West 309. 9 feet to a concrete monument for a corner of this tract; THENCE North 40° 47' West 390. 6 feet to a concrete monument for a corner of this tract; THENCE North 39 ° 11' 30" West 505. 8 feet to a concrete monument for a corner of this tract; THENCE North 55' 02' West 448. 7 feet to a concrete monument for a corner of this tract; THENCE North 67° 49' West 419.6 feet to a concrete monument for a corner of this tract; THENCE South. 561 39' 30" West 414.4 feet to a 3/8 inch iron rod set for the North -Southwest corner of this tract, said iron rod bet rig in the West line of Section 3, Block B; THENCE North 0° 12' West along the West line of Section 3, Block B a distance of 1058. 81 feet to a found iron rod, the Northwest corner of this tract and the Northwest corner of Section 3, Block B; THENCE North 89 48' East along the North line of Section 3, Block B, a distance of 955. 5 feet to a 3/8 inch iron rod set for a corner of this tract; THENCE South 00 12' East 40.0 feet to a 3/8 inch Iron rod set for a corner of this tract; THENCE North 89' 48t East 365. 0 feet to a found Iron rod for a corner of this tract; THENCE South 0° 1211 East 160. 0 feet to a found 3/4" iron pipe for a corner of this tract; THENCE South 890 52' East 661. O-feet to a found 3/4" iron pipe for a corner of this tract; THENCE South 0° 12' East 460. 0 feet to a set 3/8" iron rod for a corner of this tract; THENCE. North 89' 481 East 246. 29 feet to a 3/8" iron rod set for a corner of this tract; THENCE South 00 121 East 400. 7 feet to a 3/8" iron rod set for a corner of this tract; THENCE North 880 491 East 406. 22 feet to a 3/8" — - iron rod set for a corner of this tract; - THENCE South 0' 121 East 830. 0 feet to a 3%8" iron rod set for a corner of this tract; THENCE North 89° 48' East 2625.0 feet; THENCE South 0° 121 East 1200.0 feet; THENCE North 89° 48' East 20.0 feet; THENCE South 0° 121 East 1602. 0 feet to the PLACE OF BEGINNING. Containing 199. 020 Acres. This restrictive covenant shall remain in effect until released of record by the City at the special instance and request of HUD, or its successors or assigns, or released of record directly by HUD or its successors or assigns. In each such instance, said release may release all or any part of the real estate herein described from the application of the aforesaid restrictive covenant. Witness the hand of the City of Lubbock acting through its Mayor hereunto duly authorized, at Lubbock, Texas, this 8th day of August , 1974. ' ROY BASS, MAYOR ATTEST reva Phillips, .City 5 retary-Treasurer APPROVED AS TO FORM: `Fred O. Senter, Jr. , CityfAftarney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ROY BASS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GI N UNDER MY HAND AND SEAL OF OFFICE this el? '-dayof Me , 1974.