HomeMy WebLinkAboutResolution - 2009-R0181 - Quitclaim - Fields Land & Cattle LTD And Quick Quack LTD - Underground Easement - 05_14_2009Resolution No. 2009-RO181
May 14, 2009
Item No. 5.18
RESOLUTION
WHEREAS, the City Council of the City of Lubbock, Texas on April 9, 2009
;ed Resolution No. 2009-R0126, providing for the acquisition of that certain 1,828
ire foot tract of land in connection with the Slide Road Widening Project to be used
streets, rights -of way, easements, or other public purposes by way of purchase or
lemnation; and
WHEREAS, the City of Lubbock has entered into negotiations with the owners of
land, and in the process of said negotiations the City and owners have identified an
native consideration for the land that is acceptable to the parties; and
WHEREAS, a 11,486 square foot tract of land out of Tract "A", Whisperwood, an
lition to the City of Lubbock, Lubbock County, Texas, originally acquired for streets,
hts-of-way, or easements, is hereby determined to be surplus to the needs of the City of
bbock and can be exchanged, due to its size and shape, for the adjoining tract of land,
acquisition of which was contemplated by Resolution No. 2009-RO126, and thus said
,hange by quitclaim from the City of Lubbock may be effected without bid procedures
publications pursuant to Section 272.001 of Vernon's Texas Codes Annotated Local
vernment Code; and
WHEREAS, it would further be in the public interest for the City of Lubbock to
-erne from the quitclaim of property to be taken by the Grantees hereunder a perpetual
derground utility easement, and that after said reservation is made, the remaining estate
the property be offered to the abutting owners, Fields Land & Cattle, Ltd. and Quick
lack, Ltd. #4 on Georgia, as consideration for the exchange in fee simple by separate
,trument of the abutting property to be taken by the City of Lubbock; NOW
IEREFORE:
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and
,eted to execute a Quitclaim from the City of Lubbock unto the said Fields Land &
.tle, Ltd. and Quick Quack, Ltd. #4 on Georgia, as Grantees, less and except a
petual underground utility easement, as consideration for the exchange of certain
oining property from Grantees to the City of Lubbock, a copy of which Quitclaim is
iched hereto and incorporated in this Resolution as if fully set forth herein and shall be
luded in the minutes of the Council.
by the City Council this 14th day of way 2009.
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TOM MARTIN, MAYOR
TTEST:
IRebec a Garza, City Secretary
i
APPROVED AS TO CONTENT:
Booher, Right -of -Way Agent
VED AS T.a F
a
attle-Qu ickQuackResolution_ l
.30.09
Attorney
Resolution No. 2009—RO181
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Quitclaim
Date: May 14, 2009
Grantor: City of Lubbock, a Texas Home Rule Municipality
Grantor's Mailing Address:
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
Grantees: FIELDS LAND & CATTLE, LTD., a Texas limited partnership, as to an undivided Yz interest; and
QUICK QUACK, LTD. #4 ON GEORGIA, a Texas limited partnership, as to an undivided Y: interest
Grantees' Mailing Address:
3010 West 271h Avenue
Amarillo, Potter County, Texas 79109
Consideration: Ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged.
Property (including any improvements):
Reservations:
That certain 0.2637 acre (11,486 sq. ft.) portion of Tract "A", Whisperwood, an addition to the City
of Lubbock, Lubbock County, Texas, being further described by metes and bounds in Exhibit "A"
attached hereto and incorporated fully by reference, as though entirely set forth herein, less and
except the underground utility easement reserved and described below.
Grantor hereby reserves from the Property for itself, its legal representatives, successors, and
assigns, for the use of the public as a perpetual and permanent underground utility easement, the
free and uninterrupted use, liberty of passage in, on, over, upon, along, under, and across all the
Property.
Together with the rights of ingress, egress, and regress at any and all times to accomplish the
following purposes: allowing, but not limited to, constructing, reconstructing, repairing, and
perpetually maintaining any and all types of water lines, sewer lines, gas pipe lines, telephone and
telegraph lines, electric transmission lines, and any other type of public utility, whether names
herein or not, which easement includes at all times and seasons the right of ingress, egress, and
regress of motor vehicles and personnel either in such construction and repair or the reading of
meters. Said Property is not used, claimed, or occupied as business or residential homestead.
In order to assure the Grantor, its successors, and assigns of continuing access and enjoyment of
said easement, the said Grantee does hereby expressly agree not to erect, build, or otherwise
allow to be constructed any building or like permanent structure over the Property, and should such
building or like permanent structure be erected, it is understood that Grantor shall have the right to
remove said building or structure from the Property at the expense of Grantee.
For the Consideration, Grantor quitclaims to Grantee all of Grantors right, title, and interest in and to the
Property, less and except the perpetual underground utility easement reserved and set forth above, to have and to
hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor nor Grantor's heirs,
Quitclaim - City of Lubbock to Fields Page 1 of 2
successors, or assigns will have, claim, or demand any right or title to the Property or any part of it, except as said
right or title in connection with the perpetual underground utility easement set forth above has been reserved.
THE QUITCLAIM OF THE PROPERTY IS ON A "WHERE IS," "AS IS," AND "WITH ALL FAULTS" BASIS,
AND IS WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY, OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO TITLE, INCLUDING, BUT NOT LIMITED TO THE
EXISTENCE OF LIENS AGAINST THE PROPERTY, THE DESCRIPTION, PHYSICAL, AND ENVIRONMENTAL
CONDITION OF THE PROPERTY, AND/OR MATERIALS CONTAINED OR LOCATED IN, ON, OR UNDER THE
PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE
OF THE PROPERTY, QUALITY, VALUE, FITNESS OR PURPOSE, MERCHANTABILITY, OR OTHERWISE.
When the context requires, singular nouns and pronouns include the plural.
ATTEST:
ro:e� I---
ity cretary
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF LUBBOCK §
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Tom Martin
Mayor, City of Lubbock, Texas
BEFORE ME, the undersigned, a Notary Public in and for Lubbock County, Texas, on this day personally
appeared TOM MARTIN, 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. T
(
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this � day of r .2009.
[S R ELISA SANCHEZ FJAW::1
�� Notary Publtc, State of Texas Notary Public for the
My Comm6sa Expires 11.07.2011 State of Texas
Quitclaim — City of Lubbock to Fields Page 2 of 2
Resolution No. 2009-RO181
HUGO REED AND ASSOCIATES, INC.
1601 Avenue N / Lubbock, Texas 79401 1 806/763-5642 / FAX 806/763-3891
LAND SURVEYORS
CIVIL ENGINEERS EXHIBIT
METES AND BOUNDS DESCRIPTION of a portion of Tract "A", Whisperwood, an addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in
Volume 1585, Page 766 of the Deed Records of Lubbock County, Texas, and a portion of Slide Road as
dedicated by plat recorded in Volume 1585, Page 766 of the Deed Records of Lubbock County, Texas, being
further described as follows:
BEGINNING at a 1/2" iron rod with cap found in the West right-of-way line of Slide Road, at the Southeast
comer of said Lot " 1-B" and the Northeast corner of Lot "1-A", Whisperwood Financial, an addition to the
City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof
recorded in Volume 5846, Page 21, Real Property Records of Lubbock County, Texas;
THENCE Northeasterly, along said right-of-way line and the East line of said Lot "1-B" around a curve to
the right, said curve having a radius of 262.45 feet, a central angle of 19°28'55", a chord bearing of N.
17' 14'23" E., a chord distance of 88.81 feet and an arc length of 89.24 feet to 1 /2" square tube found at a
point of tangency;
THENCE N. 26"49'38" W., continuing along said right-of-way line and the East line of said Lot "1-B", a
distance of ➢ 55.37 feet to a 1/2" square tube found at the Northeast corner of this tract,
THENCE S. 01 "48'54" W. a distance of 226.46 feet to a "MAG" nail with washer set for the Southeast
corner of this tract;
THENCE N. 88"09'06" W. a distance of 89.31 feet to the Point of Beginning.
Contains : 11,486 square feet - 0.2637 of an acre.
Surveyed on the ground.
March 4, 2009
Revised April 10, 2009 to collect curve data. 4AC
+Robert A. Christopher Registered Professiona Land Surveyor No. 5167Licensed State Land Surveyor
State of Texas
Bearings are relative to the Texas Coordinate System of 1983, CORS 96, Epoch 2002.0