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HomeMy WebLinkAboutResolution - 042575D - Warranty Deed - Controlled Access Highway Facility - 04/25/1975e OW476 D J WF : rmj RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Resolution authorizing the Mayor to execute a Warranty Deed covering 13.173 acres (Parcel 32, I. H. 27) from the City of Lubbock unto the State of Texas, passed by this Council on January 23, 1975 and of record in Minute Book 34, Page 46 of the Minutes of said Council, and the Memorandun of Agreement authorized by said Resolution of record in said Minute Book 34, Pages 46-49 (inclusive), BE AND THE SAME ARE HEREBY REPEALED ANL CANCELLED IN THEIR ENTIRETY, and the City Secretary shall make due notation to such effect in the margin thereof of said Minutes. The following Resolution and supporting documents in connection therewith as hereinafter revised are hereby passed and-approVdd in lieu and as a substitute for said Resolution and documents as heretofore passed, to -wit: 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 V Deed from said City unto the State of Texas covering 13.173 acres of land out of Section 10, 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 $94, 043. 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 Form 132 in the amount of $94, 043. 00, being the amount of `cbnsideration set forth in Section 2 hereof. Passed by the City Council this 24 da f April 1975. ATTEST; ROY BASS, Mayor Treva Phillips, C' -Secretary-Treasurer APPROVJED AS T,_'ORM� red O. Senter, . Jr. , City_Attckney 'Texas'Highway Department Form D'-15-12 (Partial Taking) Page 1 of b ;Rev. 3-62 ' DEED CONTROLLED ACCESS HIGHWAY FACILITY THE STATE OF TEXAS COUNTY OF Lubbock IH 27 Lubbock County. 9005-27-1 I 27-7(5) 308 WHEREAS, the State Highway Commission -has been authorized under House Bill 179,. Acts of the 55th Legislature, Regular Session, 1957 (Article 6674w-1, et seq., Vernon's Annotated Civil Statutes of Texas) to purchase land and such other property rights deemed necessary for the purposes of facilitating the construction, maintenance and operation of Controlled Access Highways; and, WHEREAS, the purchase of the hereinafter described premises has been deemed necessary by the State Highway Commission for the purposes of facilitating the construction, maintenance and operation of a Controlled Access Highway facility; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, City of Lubbock, Texas, a :Homerule Municipalit t of the County of Lubbock , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ninety-four Thousand Orotty;-thtee,�knd'no/100----------------------- ($ 94,043.00=====)= Dollars, to Grantors . yin hand �Osid by the State 6f='Texas, 'acting by arid':thr'oughtbe?Stite Highway Commission,_ receipt"'o fr hith'is`hereby'-acknowledged, and for which no lien is retained, either expressedP or implied' have''this'day' Sold, :and by;'these prtsenta'.*do 'Grdfit, Bargain, Sel'1:and'-Convey-:unto`thd State )Of••�Texas, all that certain tract or parcel of land lying and 'beifig 'situated in " the County,-bf Lubbock , State of Texas, more particu- larly�deecribed as 'fdlibwe" to`aait: - �. r i r! ) t•t? TEJr r ti :`i�� J;"" 4i iC� ;�C?T1Ii ^C) l r ^.ifi H:G(rl1ES2T ..(x r (i 1!i 173 acres of'nand'out'iof the Northwest one quarter of Section 10, Block A, Lubbock CounCp,!Texss,:.4hich�was tonlieyed'tb the City of Lubbock by deeds dated January 4, 1949, July_ *2", A956 ithd"January 22,''197�1�'and'' i;ddorded" in"Volume' 383 Page 144, Volume 624, Page 201 'and Volume 1255, `Page 305,"Deed Records of°"Lubbock° County,,'Texas'; whicfi" 13:173 .acres of land is more"particii'larly.'described by metes and bounds as follows: rT j1QT0r' f"t %t:. �i•:'r�_7 riT Etrr,- UdINNING'at the'Northwe'st coraer'of this ti'act;'`said corner being 5230 feet West and 30. LQ -feetSouth of, the Northeast' corni!k"bfi Sect'ioa' 10, Block A, Lubbock County, Texas; T.HE&d9 North 89*'58';''00" East, 96.36 feet along"the"North property line of said tract t0 8-point;! THENCE South 11" 52' 00" East, 143.95 feet to a point; THENCE in a Southeasterly direction along a circular curve to the right, the center of the curve being South 78° 08' West, 3969.72 feet from the beginning of the curve, an arc distance of 822.17 feet to a point; Form D-15-12. (Par tial Taking),: Pa a 2•of 6 R' , ..l.j rn i(i, THENCE South 231.25 feet to a point; THENCE South 20-,51' AV East,' 872.84 feet to' --a point; ":I; . �, , .. ; •: r:. � ; ,r r �, Tn r THENCE_ South lla 18' • 36" Easf, '305: 94 'feet : to' a `point"' 11 A 0' >' . ,. ; "J r.. r - , THENCErSbuth 20 51"45". East" "228.54 feet f6'a! 'oint THENC E South 2° 51' 45" West, 29.59 feet to a point in the South line of the Northwest one=quarter`of 'Sectibn '10 :Block A;',' THENCE'Vest 308.52 feet'along the South line)' -of the iNorthwe9tr'orie=gdarter ofTSvction�,- 102 Block A tor'alpoint in -thd "iEdst`'Right-of-*Yayllof'U.t S...87; THENCE'N3tthi"258;V'feet to"a' point,i VIG THENCE West; 15.0'4feet to a THENCE North, 134.0 feet to a point, said point .also being the Southwest corner of Pioneer Natural Gas Company tract; THENCE East, 50.0 feet to a point; THENCE North, 100.0 feet to a point; THENCE West, 50.0 feet to a point in the East Right-of-way of U. S. 87; THENCE North, 765.80 feet to a point; THENCE North 0° 02' West, 1360.12 feet to the point of beginning, leaving a remainder .of 141.777 acres. - Ti} _ r_ , And for the same consideration described above, and upon the same conditions, grantor does hereby bargain, sell and convey unto the State of Texas that portion of the following structure located on the remaining property out of which the above described premises were origiinally a portion, to -wit: Item B - a 50.9 ft. by 20.9 ft. rock veneer on concrete slab Garage The owner understands and agrees that it will be necessary for the State to enter upon his remaining property out of which the above described property was conveyed for the purpose of removing that portion of the above described structure which is located on such owner's remaining property, the owner hereby authorizes the State, its agents or assigns to enter upon such remaining property for purposes of removing such structure and expressly waives all damages or claims that may result to the remaining property of the owner as a result of such entry and removal of such structure. Page 2-A form D-15-12 Page 5 of'7 Rev. 10-63 SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor 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 herein conveyed, 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 naviga- tion of or flight in the air, using said airspace for landing at, taking off from, or operating on the Lubbock Regional Airport. (b) Reserve for itself, its successors and assigns, for the use and benefit of the public, a continuing right and easement over the rear property herein described to take such 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, unless otherwise approved by the Federal Aviation Administration or its successor in function. (c) Reserve for itself, its successors and assigns, the right to pre- vent any use of the herein 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 air- port hazard; Fora 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 ovenant and agree to remove the above described improvements from by 19 subject, however ensions o£ time as may be granted by the State in wri , r any reason, Grantors fail or refuse to remove same within o of time prescr , ithout any further consideratio a to all er any part of such improvements not so remo o and vest in the State of Texas forever. Form D-1S-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, whichhaveaccrued 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 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. ragc _J Vi i Rev. ' 10-63 SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor 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 herein conveyed, 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 naviga- tion of or flight in the air, using said airspace for landing at, taking. off from, or operating on the Lubbock Regional Airport. (b) Reserve for itself, its successors and assigns, for the use and benefit of the public, a continuing right and easement over the real property herein described to take such 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, unless otherwise approved by the Federal Aviation Administration or its successor in function. (c) Reserve for itself, its successors and assigns, the right to pre- vent any use of the herein 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 air- port hazard; Form D-15-12 (Partial Taking Page 6 of 7 Rev. 10-63 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 day of 19 CITY OF LUBBOCK, TEXAS, A HOMERULE Q6� MUNICIPALITY �Ciry A, ,,,_r ATTEST: Treva 17;hiltips. Cfty Secretary. -Treasurer yor _ THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared ROY BASS, known to me to be the person whose name is subscribed to the foregoing instru- ment acid acknowledged to me that he executed the same as the act and deed of the City of Lubbock and as its Mayor for the purposes and consideration therein expressed, and in the capacity therein stated. ._ . ..GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1975. (SEAL) - Notary Public, Lubbock County, Texas j - f I Form D-15-12 (Partial Taking) Page 7 of 7 Rev. 3-62 CORPORATION ACKNOWLEDGMENT STATE OF TEXAS County of _ _-_----- — -- - ---- - --- --- --- ----- --------- BEFORE ME, the undersigned authority, a notary public in and for --------- --_-_— --- -------------- County, Texas, on this day personally appeared----------------------------- ------------- ----------------__----- --------- -- - -- --- -- - of------------------------.-_..-----------�__----------------, 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 .__----- _ .,,_____._- ------------------_-, a corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this the _____________day of_-_-____.-____-, Notary Public in and for ---------- — —_County, Texas. i :o I H a co i O C: W Cn ti ^a a c >4 I 0 V I� N 4.1 p Q o N H O � hr I .d W C4 Z p 4t W x *A,41 o .� •aOQd 1 Hd Cj -0FiJCL I . AVQA th H �C " go zt .O id4,4 a 'd C _ H ZG4 a eK� a u igo o N: }{1 4j 1-4 03 is a p ,co �•I� o s v b fa fa U ti .., ENDORSEMENTS TH%.E STATE..'0F TEXAS, County of_'_*_'_` ------ I, --_______--------- Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, dated the---- _-_—_ day of with its authentication, was filed for record in my office on the -_-__---__day of ______.____.___, 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 Page. -------- Witness my hand and the seal of the County Court of said County, at office in ------------------ _------ --w__� Texas, the day and year last above written. Clerk of Ccurt, .— _—___--_—_-County, Texas. By ---------- ---- - --------- -- ----_ Deputy.