HomeMy WebLinkAboutResolution - 121676A - Waiver - Southwest Real Estate Co - LBK Industrial Park Addition - 12_16_1976J:lb
RESOLUTION
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
irected to execute for and on behalf of the CITY OF LUBBOCK a Waiver of
;fight of Ingress for Purpose of Oil Exploration in favor of SOUTHWEST RE-4
STATE CORPORATION, attached herewith which shall be spread upon the
iinutes of the Council and as spread upon the minutes of this Council shall
onstitute and be a part of this Resolution as if fully copied herein in detail.
lassed by the City Council this 16th day of December 1976,
ROY B SS MAYOR
ATTEST:
'reva Phillips, lCIty Secretary -Treasurer
AS TO FORM:
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Jr., City At orney
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THE STATE OF TEXAS X
WAIVER OF RIGHT OF INGRESS AND EGRESS
COUNTY OF LUBBOCK X * * * * * * * * * * * *-*•* * * * * *
This Agreement made this 16 day of December, 1976, by and between
the City of Lubbock, Texas, a Home Rule Municipal Corporation acting herein
by and through its duly authorized officials, hereinafter called "City,"
and Southwest Real Estate Corporation, a private corporation, hereinafter
called "Southwest,"
W I T N E S S E T H:
That City is the owner of all of the oil, gas and other minerals under-
lying the following tract -of land, tow -wit:
Being LOT FIVE (5), LUBBOCK INDUSTRIAL PARK ADDITION to the City of
Lubbock, Lubbock County, Texas, further described by metes and bounds
as follows:
BEGINNING at a point which is the Northernmost corner of Lot-7,
Lubbock Industrial Park Addition to the City of Lubbock,
Lubbock County, Texas, said point being 3897.84 feet East and
2989.00.feet North of the Southwest corner of Section 5,
Block A, Lubbock County, Texas;
THENCE S67°03'E along the North line of said Lot 7 a distance of -
61.50 feet; to a point in the westerly right-of-way line of
a railroad spur easement;
THENCE N22057'E along said right-of-way line a distance of 76.80
feet to a point of curvature;
THENCE around a curve to the left, said curve having a radius of
585.80 feet, delta angle of 23°19', tangent lengths of
120.87-feet, and a chord distance of 236.75 feet, along said
right-of-way line;
THENCE N00'22'W along said right-of-way line a distance of 734.70 feet
to a point of curvature;
THENCE around a curve to the right, said curve having a radius of
621.80 feet, delta angle of 22*29'45" tangent length of
123.66 feet; and a chord distance of 242.57 feet, along said
right-of-way to a point;
THENCE N25025138" West 100 feet to a point;
THENCE S64°34'22" West a distance of 1,176.28 feet to a point;
THENCE S25°.23' East a distance of 955.36 feet;
THENCE S22°57'W a distance of 329.30 feet to the Northwest corner of
Lot 6A, Lubbock.Industrial Park Addition;
THENCE N89°44'E along the North line of said Lot 6A a distance of
511.70 feet to_a point which is the Northeast corner of said
Lot 6A and the said point being in the West line of Lot 7,
Lubbock Industrial Park Addition;
THENCE N22°57'E along the West line of Lot 7 a distance of 355.00
feet to the PLACE OF BEGINNING;
and
WHEREAS, Southwest is the owner of the surface estate in and to the
same property above -described; and
WHEREAS, Southwest has requested City to waive its right to enter upon
the above -described property for the exploration and/or production of oil, gas
-1-
and other mineral rights so as to facilitate certain mortgage loan financing
being sought by Southwest, which financing is conditioned on there being no
exploration or production of oil, gas and other minerals on the tract at any
time.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES, the said City
of Lubbock does hereby waive, release, remise and quitclaim unto Southwest
Real Estate Corporation, its successors and assigns, all rights of the City
to enter upon the above -described property for the exploration and/or production
of oil, gas and other minerals underlying the said tract, if any; and the City
shall henceforth have no right of ingress and egress into the premises for
such purpose.
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.0t4ITNFJ$SjtPe',execution the date first above written.
CITY OF LUBBOCK, TEXAS
By .
Roy Bas , May i
MATTE§T:
City Secreta Approved : cr.;:
THE STATE OF TEXAS ✓k
Fred 0. Seater, Jr., City AttoMa ,
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County and State, on this day personally appeared ROY BASS, Mayor of the
City of Lubbock, Texas, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /j�ay of December, 1976.
Notary Public in and for Lubbock County,
Texas