HomeMy WebLinkAboutResolution - 012375C - Warranty Deed, Etc. - State Of Texas - I-27 Improvements, Sec 28 & 32, Blk A - 01_23_1975JWF:dw
61 Z575 C
11,7 .•!' RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1. THAT the Mayor of the City of Lubbock, Texas, is hereby
authorized and directed to execute for and on behalf of said City a Warranty
Deed from said City unto the State of Texas covering 15. 211 acres of land out
of Section 28 and 32, Block A, Lubbock County, Texas, to be used in
connection with Interstate Highway 27 improvements to be made by the Texas
Highway Department, subject to certain conditions as set forth in said Deed
required by Federal Aviation Administration of the United States Government
a copy of which deed shall be spread upon the minutes of this Council, and
as so spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
SECTION 2. THAT the consideration to be received by said City from
the State of Texas for conveyance of said land shall be $68, 992. 00.'
SECTION 3. THE Mayor is also hereby authorized and directed to
execute a memorandum of agreement with respect to the above conveyance
on behalf of the City of Lubbock with the State of Texas and/or the Texas
Highway Department and a request for payment from said State agency on
Texas Highway Department Form132 in the amount of $68, 992. 00, being
the amount of consideration set forth in Section 2 hereof.
Passed by the City Council this 23 day of January 1975.
ROY 13ASS
Mayor
ATTEST:
Treva Phillips, Ci Secretary -Treasurer
APPROVED AS TO FORM:
r, i r
MEMORANDUM OF AGREEMENT
Lubbock . County
Account: 9005-27-1
Project: 127-7(5) 308
Interstate Highway 27: From Loop 289 North of Lubbock
To 1.5 Miles North of Monroe Overpass
Parcel No. ��4��0
i alh&eerulebFiuniL�ipality
Mr. N. B. McCullough
s. City Manager
City Hall
Lubbock, Texas
Our negotiations for highway right of way across your property have progressed to
the point that you have indicated a willingness to sign a deed in return for pay-
ment as agreed to in our previous discussions. It is thought to be in the best
interests of both you and the Highway Department to confirm this agreement in order
to avoid any possible misunderstanding as to the details of the purchase, or
the process by which the Highway Department will make payment.
' Your property consists of 15,211 acres of land out of the SWA of SWA of
Section 32, Block A and out of Sec. 28, Block A, Lubbock County Texas,
with improvements thereon located One Mile North of FM 2641 on U.S. 87,
Lubbock , Texas, on Interstate Highway 27. The right of way being pur-
chased by the Highway Department has been thoroughly explained. The payment of
$ 68,992.00 as herein agreed to will constitute full payment to be made by the
Highway Department for the property to be conveyed to the State. The State and
Owners have agreed to the following provisions:
1. That you will execute a general warranty deed to the State conveying
a clear title free of all defects, liens and encumbrances, except that
oil, gas, and sulphur is reserved to you as provided in the Deed.
2. 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 .
i
Please refer to Pages l-A, 1-B, 1-C and 1-D
t'ralitoss covenant and agree to remove the above described improvements from
land by — 19 subject, however, to such exte of time
as may be granted by the n writing; and if, for eason, Grantors fail
or refuse to remove same within sai p me prescribed, then, without any ..
further consideration, the title or any par h improvements not so
removed shall pass to st in the State of Texas forever. ensions
will be gra n y upon a showing by Grantors or extenuating circumstances s2i
opinion of the State will justify such extension.
P
w SAVE AND•EXC.'PT, 't1GWFVER, it is expres<ly understood and agreed that Grantors
does.
(a) Reserve for itself, its successors and assigns, for the use and
benefit of the public, a right of flight for the passage of aircraft
in the airspace above the surface of the land conveyed, together with
the right to.o3nse in said airspace such noise as may be inherent in
the operation of aircraft, now known or hereafter used, for navigation
of or flight in the -air, using said air -.,pace for landing at, taking off
from, or operating on the Lubbock Regional Airport.
(b) Reserve for itself, its successors and assigns, a continuing right
and easement over the land conveyed to take any action necessary to pre-
vent the erection or growth of any structure, object of natural growth,
or other object to such a height as to not exceed that elevation des-
cribed.for each parcel in Attachment unless otherwise approved
by the Federal Aviation Administration or its successor in function.
(c)-Reserve.for itself, its successor and assigns, the right to prevent
any use of the conveyed land which would interfere with the landing or
taking off of aircraft at the Lubbock Regional Airport or otherwise
constitute an airport hazard.
FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT:
(1) The City of Lubbock reserves unto itself, its successors and assigns_,
for the use and benefit of the public a right of flight for the passage
of.aircraft in the airspace above the surface of the real property herein-
after described, together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft, now known or hereafter
used, for navigation of or flights in the said airspace, and for use of said
airspace, and for use of said airspace for landing on, taking off from or
operating on the Lubbock Regional Airport;
(2) The City of Lubbock reserves unto itself, its successors and assigns,
for the use-and.benefit of the public, a continv right and easement over
the real property hereinafter described to tak�eff''action as may be necessary
to restrict the height of structures, objects of natural growth, and other
obstructions.to air navigation to a height of not more than 3390 feet
above mean sea level for Parcel.32a and so as to not penetrate a plane
beginning at the south boundary of Parcel 40.3a at 3313 feet above mean sea
level and extending upward and out over Parcel 40.3a in a northerly direc-
tion at a slope of 1:7 to a maximum allowable height of 3390 feet above
the mean sea level, unless otherwise approved by the Federal Aviation
Administration or its successor in function.
(3) The City of Lubbock reserves for itself, its successors and assigns,
the right to prevent any use of the hereinafter described real property
which would interfere with aircraft landing on or taking off from Lubbock
Regional Airport, and the right to prevent any other use of said land which
constitute an airport hazard;
Attachment 2a
__.,.. ...... -. ..--.. :.,.,-:--.-,...a ".�-..�._ �._-.Asa-r-„-,..-•.r.:�c.e..•...�:rw+wrw...as. :.� :�-.e.�:ci+w�5:.�;;sts:.�JZL _+�..K r�:£!r-Y,xatei2w-�"Si'ia:'.n... q:G`.t.--.
i Parcel. 40.1
Being 0.619 acres of land out of and a part of the West one-half
of Section 28, Block A, Lubbock County, Texas, which is more
• particularly described by metes and bounds as follows:
- BEGINNING at a point in the East Right-of-way line of U.S. 8.7,
said point being 50.00.feet North and 5230.00 feet West of the
Southeast corner of Section 28, Block A;
* THENCE NORTH 000 02' 00" West, 649.42 feet ,along said U.S. 87
Right-of-way line to a point;
THENCE SOUTH 070 57' 32" East, 191.89 feet to.a point;
THENCE in a Southeasterly direction along a circular curve to
the left, the center of the curve being-Nort4 840 31' 24" East,.
3649.72,,feet.from the beginning of the curve, a distance of
286.65 feet to a point;
THENCE SOUTH 010 30' 57" East, 122.36 feet to a point;
THENCE SOUTH 110 52' 00"East, 54.20 feet, to a point in the
South property line of said tract;
THENCZ SOUTH 890 58' 00"'West, 79.10 feet along the South i
property line.of said tractto the place of beginning. }
-
elease-Condition (b): Height of any structure, object of` - T
natural growth, or other object not to exceed 3390 feet above !�
mean -sea level.
. Parcel 40.2
Being 2.273 acres of land out of and a part oftheWest one-half
of Section 28, Block A,•Lubbock County, Texas, which is more
particularly described by metes and bounds as follows:
BEGINNING at a point in the,East Right-of-way line of U.S. 87,
said point being 3845.00 feet 8outh'and 5230.00 feet West of
' the Northeast corner of Section 28, Block A;
THENCE NORTH 00 02' 00" West;,1377.00 feet along said U.S. 87
Right-of-way line to a.point;
THENCE NORTH 50 40' 38" East, l•00.50 feet along said U.S. 87
Right-of-way line to -a point;
THENCE NORTH 00 02' 00" West, 200.00 feet along said U.S 87
Righ"f-way line to a point;
THENCE NORTH 50 44-'-38" West, 100.50 feet along said U.S. 87
Right-of-way line to a point;
THENCE NORTH 00 02' 00" West, 623.00 feet along said U.S. 87
Right-of-way line to a point, '
`T'HENCE SOUTH 60 32' 55" East, 627.05 feet to a point;
THENCE SOUTH 20 53' 45" East, 300.37 feet to a point;
THENCE SOUTH 597'21' 35" West, 278.23 feet to a point;
THENCE SOUTH 20 49'.45" West, 1201.50*feet tQ the point.of
beginning. o a
Release Condition (b): Height of any structure; object of
natural growth, or other object not to penetrate a plane
beginning -at the north boundary of the parcel at 3313 feet
above mean sea level and extending upward and out over the
parcel in a Southerly direqtion.at a slope of 1:7 to a
maximum allowable height of 3390•feet above mean sea level.
Attachment 2b
. - r
w.
Parcel 40.3a & b ,
Being 0.196 acre of land in Section 28, Block A, for Parcel 40.3b,
and 4.830 acres of land in Section 32, Block A, for Parcel 40.3a,
in all being 5.026 acres, Lubbock County, Texas, which is more
particularly described by metes and bounds as follows:
BEGINNING at a point in the East Right-of-way line of U.S. 87,
being 393.00 feet South and 5230.00 feet West of the Northeast
corner of Section 28;
THENCE NORTH 00 02' West, 393.35 feet along said East Right-of-
way line to a goint in the North line of Section 28.-
THENCE NORTH 0 08' West, 1320.30 feet along said East Right-of-
way line to a point iri the South property line of C. E. Hobgood
tract;
THENCE NORTH 890 52' East, 210.00 feet along the South property
line of the C. E. Hobgood tract to a point;
THENCE SOUTH 00 08' East, 145.72 feet along a line parallel to
and 150.00 feet East of the center line of a proposed highway
to a point;
THENCE in a Southwesterly direction along a circular curve to
the right, the center of the curve being South 890 52' West,
3969.83 feet from the beginning of the curve, a distance of
826.82 feet to a point;
THENCE SOUTH 110 48' West, 271.30 feet along a line parallel
to and 150 feet East of the center line of a proposed -highway
to a point;
THENCE in a Southwesterly direction along a circular curve to
the left, the center of the curve being South 780 12' East,_
3669.83 feet from the beginning of the curve, a distance of
90.91 feet to a point in the North line of Section 28 and
continuing for a total distance of 486.94 feet to the place
of beginning.
Release Condition (b): Height of any, structure, object of
natural growth, or other object not to penetrate a.plane
beginning at the south boundary of the parcel at 3313 feet
above mean sea level and extending upward and out over the
parcel in a Northerly direction at a slope of 1:7 to a
maximum allowable height of 3390 feet above mean sea level.
MEMORANDUM OF AGREEMENT
Page 2
Occupancy shall terminate no later than May 31 , 19 75
Grantors agree .that occupancy shall be for their benefit exclusively, and the
Grantors acknowledge that said occupancy hereunder shall be for their sole
benefit and that no payment has been made or is to be made to the State for use
of said premises, and that any attempt to assign such benefit, or to lease, rent,
sub -let, or in any manner suffer or permit occupancy of the land or improvements
thereon by a third party shall automatically suspend the operation of this provision,
and the State shall then have immediate right of possession. With respect to any
improvements located upon said land, title to which is to be acquired by the State,
Grantors shall make every reasonable effort to keep such improvements in good repair
and shall exercise such diligence as may be necessary to protect same from damage;
however, Grantors shall not be responsible for damage or destruction as a result
of fire or other acts of nature. Grantors agree that the State's employees or
agents may make inspections of the premises from time to time, and that the State
will be notified at the time Grantors vacate the premises.
Grantors hereby acknowledge that their use of and access to the expressway lanes
to be contructed 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 regula-
tion 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) hereinbelow; 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=wIII- be=dsafedr
will not be denied.
Being 4.630 acres of land out of and a part of the West one-half
(W') of Section 32, Block A, Lubbock County, Texas, which is more
particularly described by metes and bounds as follows:
BEGINNING at a point in the East right-of-way line of U.S.
Highway 87 and being a distance of 50 feet East of the
Southwest corner of Section 32, Block A;
THENCE NORTH 00 08' West, a distance of 1320.30 feet, along
the existing East right-of-way line of U.S. 87 to a point
in the North line of the Southwest one quarter (SWk), of
the Southwest one quarter (SW-�),.of Section 32, Block A;
THENCE NORTH 890 52' East along said line a distance of
210 feet to a point in the proposed East right-of-way line
of U.S, 87;
THENCE SOUTH 00 08' East along said line a distance of
145.72 feet to a point, the beginning of a curve to.the
right;
THENCE along said curve, whose radius bears South 890 52'
West a distance of 3969.83 feet, an are distance of 826.82 feet
to a point;
THENCE SOUTH 11' 48' West a distance of 271.30 feet to a
point, the beginning of a curve to the left;
THENCE along said curve, whose radius bears South 780 12'
East a distance of 3669.83 feet, an arc distance of 90.91 feet
more or less, to a point in the South line of Section 32,
Block A;
THENCE SOUTH 890 58' West along the South line of Section 32,
a distance of 45.2 feet, more or less, to the place of
beginning.
Page 1-D
MEMORANDUM OF AGREEMENT
Page 3
.After payment of the above purchase price, you will be reimbursed for any fair
and reasonable incidental expenses necessarily incurred in transferring title
to the property to the State. Expenses eligible for reimbursement may include
(1) recording fees, transfer taxes and similar expenses incidental to conveying
such real property; and (2) penalty costs for prepayment of any pre-existing
recorded mortgage entered into in good faith encumbering such real property.
Voluntary unnecessary expenses or expenses incurred in clearing questionable
title will not be eligible for reimbursement. Eligible incidental expenses
will be reimbursed upon submission of a claim supported by receipted bills or
other -evidence of actual expenses incurred.
The payment of the amount herein stated and the terms herein provided constitute
the only promises, consideration and conditions of this purchase, and no other
promises, consideration or conditions have been promised or implied, save and
except any benefits which may accrue under the State's relocation assistance
program and the mutual benefits to be derived by Texas Highway Department and
the owner from the signing of this instrument.
The State without cost to the owner will pay the cost of recording all instruments
conveying title to the State.
It is suggested that you carefully review the proposed right of way and satisfy
yourself as to its provisions. With your signing of this letter and the execution
of the Deed, the State will proceed with the issuance of a State Warrant, which
will be made out jointly to the owners of the property and Service Abstract and
Title Company , Agent for Pioneer National Title Insurance
Company This Company has been designated as the State's
closing agent and is responsible to see that the Highway Department obtains clear
title. They will not endorse the warrant and make payment until clear title is
secured. At the same time, you have the right not to endorse the warrant and
accept payment until you are fully satisfied on all det l of the transaction.
ur truly
9�1
s'
George C. Wall, r.
District Engineer
Texas Highway Department
District Five
We fully understand the Texas Highway Department's proposal as contained in the
above letter and acknowledge receipt of the Brochure, "Relocation Assistance Program%'.
We understand that relocation benefits are handled entirely separate and in addition
to this transaction and agree that our execution of the Right of Way Deed is based
on this understanding.
CITY OF LUBBOCK, Texas a Homerule Municipality