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HomeMy WebLinkAboutResolution - 042475E - Deed - Controlled Access Highway Facility - Parcel 40 I27 - 04_24_1975J WF : rmj RESOLUTION 9' I 0 qW764 =" 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 15. 211 acres (Parcel 40, 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 49 of the Minutes of said Council, and the Memorandum of Agreement authorized by said Resolution of record in said Minute Book 34, Pages 49-51 (inclusive), BE AND THE SAME ARE HEREBY REPEALED AND CANCELLED IN THEIR ENTIRETY and the City Secretary shall make due notation to such effect in the margin thereof of said Minutes.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 approved 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 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. '.THEMayor 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 High- way -Department and a request for payment from said State agency on Texas Higlivtray-.De.partment Form 132. in the amount of $68, 992. 00, being the amount of consideration set forth in Section 2 hereof. Pissed by the City Council this 24th da of Aril 1975. J ATTEST: RO S Mayor Treva Phillips, City S retary-Treasurer APPROVED AS TO F M: F red O. Sente r, Jr. , City Atforney T;I PParcel 40 IH 27 ' Texas�Highway Department Lubbock County Form D-15-•12 (Partial Taking) 9005-27-1 Page 1 of 6 127-7(5) 308 Rev. 3-62 DEED CONTROLLED ACCESS HIGHWAY FACILITY THE -STATE OF TEXAS i COUNTY OF Lubbock •WHEREAS, the State Highway `Commiasion:has been authorized under House Bill 179, Acts of 'the'55th' Legislature, "Regul'ar Sessioii, 1957 (Article 6674w-1,`'et seq., Vernon's Annotated Civil'Statutes of Texas) -to purchase land and such other property rights deemed necessary for'the�purposes of facilitating the construction, maintenance and •'operation `of ControlletdAccess Highways; `a" d , — t .. 'i. ,.� sr ,, .;1.• ,: .. ! it WHEREAS, the purchase of the 'hereinafter •described premises hasi been deemed necessary by_tbi State Highway'Commission for the purposes of facilitating the construction, maintenance and operation of a Control led' Access Highway facility;' THEREFORE, KNOW ALL MEN`BY THESE PRESENTS: That; a City ofsLubbock Texas, :a;Homer'ule Muni, `LpA it ,` 1 of..the County of ,Lubbock r ", `State of Texas-,' hereinafter referred to as Grantors, whether one'or�more,-for'and in. consideration of the.sum of Sixty-eight Thousand Nine Hundred Ninety-two and no/100---------------($ 68,992.00====) 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 tl is'''day :Sold; 4nd 'by these'presentsIdo` 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,`fowit: 15.211 acres of land 'being in four' perts`and' being'�out'of"fhe' West.-halves:of' sections 28 and''32, Block" A, Lubbock'County; Texas`, which were conveyed [o 'the City `of Lubbock,' Texas, a municipal-torp.':by deeds dated'September 6, 1929, January`i4;"1949, aid May 31','1973, and recorded in Volumns 150, 383, 1350, Pages 452, 144, and 747, respectively, Deed Records of Lubbock County, Texas, which 15.211 acres are more particularly described by metes-and'bounds'as followsr Part I BEGINNING at a point in the East Right-of-way liiie"of U. S. 87, 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 North 840 31' 24" East, 3649.72 feet from the beginning of the curve, a distance -of 286.65 feet to a point; Form:D-15-12 (Partial Taking) Page,2 of 6 Rev. 3-62 THENCE South 01° 30' 571"gast, 122.36 feet to a point;-. THENCE South 119 52' 00" East,`54.20'feet to a point in the South property line of said tract; THENCE South 89° 58' 00" West, 79.10 feet along the South property line of said tract to the place of beginning containing 0.619 acres of land. Part 11 -' y BEGINNING at a 1 poinf in' the East' Right-of4zay line of U.` S.. 87 'said point being ' 3845.00 feet South and 5230.00'feei West of'the`Northeast corner''of':Section 28',,'Block A; THENCE North 0° 021 00" West, 1377.00''-feet'along said U S 87"Righii'-of-way Aine to a point; THENCE North 5® 40' 38" East, 100.50 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 Right-of-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 0' 02' 00" West, 623.00 feet along said U. S. 87 Right-of-way line to a r point; THENCE South 60 32' 55" East, 627.05"feet to a point; THENCE South 20 5St' 45" East, 300.37 feet to a point; THENCE South 5° 21' 35" West, 278.23 feet to a point; THENCE South 2° 49' 45" West, 1201.50 feet to the point of beginning containing 2.273 acres of land. Part III 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 01 'West, 393'.35 feet"along'said'East Right-of-way line to a point in the North line of Section 28; THENCE North 00 08' West, 1320.30 feet along said East Right-of-way line to a point in 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 aline parallel to and 150.00 feet East of the enter 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 ll° 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 a curve. being South 78° 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 containing 0.196 of one acre of land in Section 28 and containing 4.830 acres of land in Section 32, in all 5.026 acres. , Continuation of Page 2 or 7 Part IV BEGINNING at a point in the East right-of-way line of U.S. 87, and in the North property line of the C. E. Hobgood tract, being 3,960.00 feet North and 5,230.00 feet West of the Southeast corner of Section 32; THENCE NORTH 00 08' West, 1286.00 feet along said East right-of-way line to a point in the South right-of-way line of a County Road; THENCE NORTH 890 52' East, 279.19 feet.along said South right-of-way line of a County Road to a point; THENCE South 20 43' 45" West, 1287.61 feet along a line to a point in the North property line of the C. E. Hobgood tract; THENCE South 890 52' West, 214.90 feet along the North property line of the C. E. Hobgood tract to the.place of beginning, and containing 7.293 acres of land in Section 32, Block A, leaving a remainder of 1,825.969 acres.. 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 enant and agree to remove the above described improvements fr by 19 , subject, howev extensions of time as may be granted by the State in w , for any reason, Grantors fail or refuse to remov n said period of time prescri e , hout any further ration, the title to all or any part of such improvements not so remove pass to 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 6f 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 w=genet== 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'7 Rev. 3-62 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) Reserves 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 that 3390 feet above mean sea level unless otherwise approved by the Federal Aviation Administration or its successor in function provided and excepted that beginning at the north boundary line of Parcel 40, Part 2, the restric- tions are set at 3313 feet above mean sea level and extend upward and out over the parcel ina southerly direction at a slope of 1:7 to a maximum allowable height of 3390 feet above mean sea level and beginning at the south boundary of Parcel 40, Part 3, the restrictions are set at 3313 feet above mean sea level and extend 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, and no restrictions are applicable to Parcel 40, Part 4. (c) Reserves 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 W7,�NESS WHER9OFy thi-a inst ment is executed on this the day of CITY OF LUBBOCK, TEXAS A HOMERULE MUNICIPALITY City AVernaY ' 1 ATTEST: r (4q Mayor LL3S Treva P i C i S cr tar -Tr asure r 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 BOY BASS, known to me to be the person whose name is subscribed to the foregoing instru- rent and 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. j -GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of F �•�11h�.�� 1975. (SEAL) _- Notary Public, Lubbock County, Texas Form D-15-12 (Partial Taking) Page f of 7 Rev. 3-62 CORPORATION ACKNOWLEDGMENT STATE OF TEXAS Countyof -- ---- ------ - -------------------------------------- BEFORE ME, the undersigned authority, a notary .public in and for ---- ___M______------ ---------------- 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 said___________________ ------ _---------------------- ------ ----_-_-_----- 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 .-County, Texas. f a j y� } a H `n o a. �n a a1'i� o 0 N N O O e. HIr. G ^ Q 1 O � O �' • w '�' Mil ►-" ep 0 m z°z 4+ W w w 11 a s ►� O q d o0 V d Q E-+ W b z w -A � 0 coa E�1; gZc w .� ' dos $- o CA ' ENDORSEMENTS THEr'isTATE 0F;�T,fXAS, County Clerk of the County Court of said ,County, do hereby certify that the foregoing instrument of writing, dated the _-____.: day of D. 19-_-__- 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 Texas, the day and year last above written. Clerk of Court, _--County, Texas. BY__—_ --- _—_.-- ---- ------ Deputy.