HomeMy WebLinkAboutResolution - 2016-R0191 - LEDA Lubbock Railport - 05_26_2016Resolution No. 2016-RO191
Item No. 5.24
May 26, 2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, a Partial Release of Conditions and Covenants and
Modification Agreement by and between the City of Lubbock and the Lubbock Economic
Development Alliance, for the removal of deed restrictions at the Lubbock Railport that prevent
Railport property owners from improving their property in such a way that allows free access to
the railroad lines located within the Railport. Said Partial Release of Conditions and Covenants
and Modification Agreement is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on Mgy 9,6, 2016
L-f��
DANIEL M. POPE, MAYOR
ATTEST:
Rebec a Garza, City Secret ry
APPROVED AS TO CONTENT:
Quincy Wh' Acting City Manager
APPROVED AS TO FORM:
t
r
Justin Pr itt, Assikfant City Attorney
ccdocs/RES. Partial Release of Conditions and Covenants and Moditication Agreement — LEDA Railport
May 11, 2016
Mai�yr L, 1Ja ,-' COUNTER FILING 2016020085 7 PGS COVENANT uu
Resolution No, 2016-RO191
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.
PARTIAL RELEASE OF CONDITIONS AND COVENANTS
AND MODIFICATION AGREEMENT
This Partial Release of Conditions and Covenants and Modification Agreement (the
"Agreement"), is entered into and made effective this 26th day of May 2016, by the City
of Lubbock, Texas, a Texas home rule municipal corporation ("City"), and agreed to by the
Lubbock Economic Development Alliance, a Texas not -for -profit development corporation
("LEDA").
RECITALS
WHEREAS, by General Warranty Deed (the "Deed") dated January V, 2007, the City
conveyed to LEDA the surface estate to certain lands, located in Lubbock County, Texas, and
more particularly described in the attached "Exhibit A" (the "Subject Lands"), said Deed
recorded under County Clerk's File Number 2007001226, Official Public Records of Lubbock
County, Texas; and
WHEREAS, the Deed contains, among other matters, certain conditions and covenants related
to (i) the prohibition upon the sale or other divesting event of certain lands described therein
(the "Prohibition Covenant"); (ii) compliance with the Grant, (as defined below) (the "Grant
Covenant"); and (iii) compliance with a certain Track Agreement and Lease of Land for
Construction/Rehabilitation of Track (the "Railroad Covenants"); and
WHEREAS, said conditions and covenants were provided in the Deed to meet certain grant
requirements of, and other matter related to, the United States Department of Commerce (the
"Department"), pursuant to Grant number 08-49-03071 (the "Grant"); and
WHEREAS, LEDA has represented to the City that the Department, pursuant to (i) letter dated
May 21, 2014, from Pedro R. Garza, Regional Director, Austin Regional Office, Economic
Development Administration, United States Department of Commerce, to LEDA's counsel; (ii)
letter dated May 28, 2014, from Happy Rahman, Acting Regional Counsel, Austin Regional
Office, Economic Development Administration, United States Department of Commerce, to
LEDA's counsel; and (iii) letter dated May 30, 2014, from the City's counsel to Happy
Rahman, Acting Regional Counsel, Austin Regional Office, Economic Development
Administration, United States Department of Commerce, and confirmed by e-mail of same
date from Ms. Rahman to the City's counsel, has agreed to extinguish from the Deed the
Prohibition Covenant, the Grant Covenant, and the Railroad Covenant as they affect the Subject
Lands; and
WHEREAS, due to the representations of LEDA, and the covenants and agreements contained
herein, the City is amenable to extinguishing from the Deed, the Prohibition Covenant, the
Grant Covenant, and the Railroad Covenant as they affect the Subject Lands, and to modify
certain covenants in the Deed, as more particularly prescribed below; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and LEDA hereby agree as follows:
AGREEMENT
Section 1. The followin+i condition and covenant is hereby extin<ouished and deleted from the
Deed. ONLY INSOFAR, as such condition and covenant may apple to the Subject Lands:
"Grantee shall not. dtu'ith-1 the C11' etive team Of' the Grants (as defined belo�N )
and any other period of time directed or advised b� the I DA. and/or an\ other
entity with jurisdiction over the Grants. sell or other\\ise divest itself of (i) that
certain called 7.359 acre tract of land. bcing described in that certain Warranty
Deed, dated J►11y 26. 2001. from Market Lubbock economic Development
Corporation to the Cit\ of Lubbock. recoded in Volume 7214. Page 114 Real
Property Deeds. Lubbock Countv. Texas and/or (ii) that certain called 7.721
acre tract of land_ being described in that certain Warranty Deed. dated July 10.
2001 from Market Lubbock Economic Development Corporation to the City of
Lubbock. recorded in Volume 7174, Page 151. Real Property Deeds. Lubbock
County. Texas (the '-Restricted Property")."
Seetion2. The Deed is hereby modified by deleting the follo\ying covenants:
"... Grantee shall. and hereby covenants that it will. comply with all terms.
conditions and provisions of(i) all grants received by the Grantor related to the
Property. including. �\ithout limitation, that certain Lconomic Development
Administration Grant 08-49-01071, the City of Lubbock original recipient
(the "Grants"):..." and,
"...(iii) that certain Agreement, in title as of.lLine 1 1. 2001. Resolution No. 2001-
R0210, by and between the Burlington Northern and Santa Fe Railway
Company. a Delawarc corporation. and the Cite of Lubbock. a Texas
municipal corporation (the "Agrecment"). and (iv) that certain Lease, dated as
of May I. 2001. Resolution No. 2001-10209, b� and between the BUrlineton
Northern and Santa Fe Railway Company. a Delaware corporation, and the City
of Lubbock. a Texas municipal corporation, covering the lands described therein
(the "Lease..) "
Section 3. Nothin+contained herein shall affect the followinu covenant and condition. and such
covenant and condition shall remain valid and subsisting as originally provided in the Deed'
"AddiEionally. Grantee shall. and hereb), covenants that it will, comply with all
terms_ conditions and provisions of all applicable state and/or local statutes.
rules, regulations and ordinances relating to airspace restrictions. noise and/or
any other aspect of airport and/or aircraft operations. including ),,ithout
limitation. Title 14. Part 77 ol'thc l i.5. Code of Federal Regulations."
Section 4. Except as expressly modified herein. the terms. conditions and provisions of the
Deed shall remain valid and suhsisting as ori�oinally provided.
Section S. LEDA represents and `Narrants to the Cit\ that (i) it is in compliance with all terms,
conditions and provisions ofthe Grants. as defined in the Deed. and all other matters to xyhich
PA RT IA 1. 1: (w ('O\1)1 rm.\s .�\I) ( ()N'is .ik\I) 1lOI)I 1"I0.\ II•:\T - 2
it is bound to adhere and comply, as provided in the Deed- and hereby covenants, as a personal
covenant, to continue such compliance: (ii) the Department is authorized to extinguish the
conditions and covenants, as provided herein, and that the party acting for and on behalf ol' the
Department possesses authority to so act: and (iii) it is the current owner of the Subject Lands.
and the said Suhiect Lands arc subject to no claim by any other party.
Section 6. LEDA SHALL INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS.
EMPLOYEES. AND AGENTS, HARMLESS. FROM AND AGAINST ANY AND ALL
LOSS, LIABILITY, DAMAGE, CLAIM AND/OR EXPENSE. INCLUDING WITHOUT
LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS. ARISING FROM OR
RELATED TO (i) THE BREACH OF LEDA UNDER-1-1-IL TERMS OF THIS
AGREEMENT: (ii) IN THE EVENT ANY REPRESENTATION. WARRANTY OF LEDA
CONTAINED IN THIS AGREEMENT IS UNTRUE. A-f ANYTIME: OR (iii) LEDA FAILS
TO COMPLY WITH THE CONVENANTS CON FA1NFI.) INTHIS AGREEMENT.
SIGNATURES
Lubbock Economic Development Alliaucc
.Iolli )orn(-, resident and (1,10
E'."l11f 11
ATTEST
Let -A
�
Reb' Lz'�arza, City Sec is
APPROVED AS TO CONTENT:
Quincy W , Acting City Manager
APPROVED AS TO FORM:
V-4-- /�J-j
Justin r itt, Assistant6tity Atto ey
City of Lubbock
DANIEL M. POPE, MAYOR
I'AR'rl,%I, RF:I,E %S]: OF ('O\1)I'1'IONS WREVNIEN r- 3
NOTARY
(For City)
TIIE STATE OF TEXAS
COUNTY LUBBOCK
This instrument was ackno�\ ledQed before me on this dafi
y of , 2016, by
Daniel M. Pope, Mayor of t%„ ,its, of Lubbock, "I exas, a "!"C�as home rule muni rpal corporation,
7
t%jll
on belialfoi'said City.."'.1 EtxSoiN��'''�%
Not y Pu lie, Stale ofTexas
(j My commission expires:
OF
2056 (For LEDA)
THE STATE OF TEXAS
COUNTY LUBBOCK
This instrument was acknovrled�ged before me of
John Osborne. President and Chief Executive Otlice
Alliance, a Texas not -for -profit development corporation.
N5Y
f +', DAMS
.4a;e of Tems
0;8&2U17
i this / dClyv of 016, bN
r of Lubbock economic vclopment
on behalfofsaid corporation.
Notary Public. State of Texas
M' Commission expires:
PART IA I. RELY k"'E OF ( ONDI HO\S 1,D ('0% EN kN I.N A'sD %1IE\'r— 4
EXHIBIT "A" -THE SUBJECT LANDS
I,ubhock Railport I MCIUS recorded in Volumc 7214, Pace 114.
Real Propert} Deeds. LUbhock Counly. Foxas
Propert} (including am impro%cments):
METLS AND I301 NDS DESCRIPTION of a 7.359 acre proposed too' wide railroad right-of-\�a\ lotted ire
Section 38. Block D. Lubbock Count%. Texas. heine liarthe• described as 1611(ms:
BEGINNING at a 112" iron rod with cap set at the intesectinn ui'lhc l';ast line ol'said proposed railroad right of-��a�
and the North right-o1=\\.aN. line of FM lliulma\ No. 1294 for the tinatllCAS1 curlier 01' this tract %Oich hears N.
88°33'49" W. a distance of 3060.97 icet and N. 1`26'1 1" E. a distance of' 50,00 Ices Iron the tioutiutrst corner of'
said Section 38:
T1IENCE N. 88033'49" W.. along said hiehwaN right -of -%Nay line a distance of I00.00 tcet to a 1,2" iron rod kith
cap set for a corner ofthis tract:
THENCE N. 1013'13" E. a distance of 1344.30 feet to a 1/2" iron rod with cap set Ibr a point of curvature:
TIIFNC'Ei Northwester],.. along a cure to the ICIt. said cure halving a radius of 712.75 Icct, a central angle o1'
89034'57'. and a chord distance of, I004. 3o feet to a 1 Z' iron rod %c ith cap set 1'or a point oi'tangenc\:
THENCE N. 88'21'44" \V. a distance of 333.12 feel to a l.'3" iron rod \pith cap set for a point of'cunalurc:
FlWNCI: Northwesterl\. alone a cunt to the right. said Cunt httcin, it radius of 812.75 feet. a central angle of
16016'40". and a chord distance of' 230.13 I'cet to a 1 2" iron rod \\idl cap set in the f:ast line ol'an existing 100'
%\ ide railroad right -of -wax:
THENCE N. 43021'44" W.- along said existing right-of-way line it distance 01'390,58 tcet to a 1/2" iron rod %pith
cap set fiar the most norther[} corner of'this tract:
THENCE Southeasterly. along a cure to the left. said curve haying a radius of 712.75 Icct. a central angle of'
45'00'00". a chord bearing of S. 63"W-14" L.. and a chord distance of 544.65 feet to a lit" iron rod with tap set
for a point of taneenc\:
THENCE S. 88°21'44" E. a distance of 333.12 feet to a 1/2" iron rod with call set liar it point of'curvature:
THENCE Southeastcrly. alone a cure to the right. said eur%e ha%ing a radius oi' 912.75 Ices. a central angle of
89°34'57". and a chord distance of 1 145 21 Icet to .t Ir2" iron rod ++ith cap set fur a point of langcnc%:
THENCE S. 10l3'l3" W. a distance of 1344.68 lcct to the Point ol'E3e,inning (the "Property"
Lubbock Railpon 17act as recorded in Volume 7174. Pa_c 151.
Real PropertN Deeds. Lubbock Cl LIMN. Ccxas
Property- (including an) impro\ements):
ME-FES AND BOUNDS DI:SC'RIPI ION ofa 7.7'_1 acre tract of Iand IoCated in the S0jlth%\CSt QUarter and the
Northwest Quarter of Section 38. Block 1). Lubbock ('[lUnt1 l'exas. being a portion ui'those tracts come�cd
to B. E. Gentn by deeds recorded in Voltlnle 200. Page 282 and Volume 215. Page 009. Deed Records oi'
Lubbock Countv. Texas. said 7.721 acre tract heing further described as fnlltms:
BEGINNING at a "Ph" nail found in the South line of' Section 38 tend the North line of Section 30. Block
A, 1.0 foot North o1' the centerline o1' 1:M IIighwa\ No. 1294 for ill Northeast corner oI* a 0.8081 acre
railroad easement tract and the Southeast corner ol' this tact \d)ich hear,, N. 88'33'49" W. a distance of
3849.27 Feet from a 1/2" iron rod with cap found at the Southeast corner of' said Section 38:
PARTIAL RE.LF.ASE OFCONDITIONS AND CO\ E.NANTS AND MODIFICATION ACREENIENT- 5
EXHIBIT "A" con't
THIS, S[1I3JECT LANDS
l I1t.NC I: N. 88° 33'49' 'A'., along the Soutlt line of'said yect,(Irl +'
distance of 100.00 feet to a VK" nail found 1' trtd the North line nfsaid Section 3f, •r
South"est Corner ofthis tract: at the . orlh%Nest corner of said t1,808f acre [rocs and the
1'tII:NCI: N. !)1°28'S7" E„ at 5().0() feel Mass the '�or'th iris
a total distance of 1210.39 Icet to a lit" iron rod With cats set ltsr',a point olfcurvaturine � FRI hitrh�ta�. continuing lor-
TMENCF NorthllesterlN along a eune to the left. said curve haN ing t
of 44°5(}'41 a chord distance of� 543.73 feet. and a chord hearing c>1' N.t?Ur°55 �t 71?.75 fcct.�a central angle
cult set for a point of tangenc}: 4" W. to a I/_ iron rod N%ith
TIIENCE N. 41021'44" W. a distance of 1265.13 feet to a 1/2" iron rod with cap set For a point of curvature:
TIIENCE Norilmesterly along a curse to the riLlht. said Cur%c haying a radius of 812.73 feet. a central angle
of 5°33'1 1 ", a chord distance of 78.74 feet. and a chord hearing_ oI' \.-t0°35'08" W. to a set 1i7" iron rod «ith
cap:
T111"NCE, N. 52'11'27" E. a distancc-of Itl.(t0 feel to a set l/?" iron rod kith cap:
THENCE Northwesterly along a cure to the right. said curse hatiirns a radius of 802.75 FCC'L. a central
angle of 5°36'54". a chord distance of 78.64 feet. and a chord hearing of N. 35°00'06" W. to a 112" iron
rod with cap set tier a point of intersection in the East right-of=%yaN 1tne of a paved county road (Old (s
Ilightya\ No. 87),
THENCE Southnestcrly, along said right-of-\tiati line, alon4, a curse to the right, said cure haying a radius of
2914.99 teet. a central angle ol'W 17'44", and a chord distance of 15.03 feet to a point of intersection:
TI4ENCF Nortim"esterll alone a cur\ c to the right. said cur e hayit)ya a radius of 712.75 Icet_ a central ;angle of
5137'27", and a chord distance o1"79.75 feet to a point in (lie centerline of the existing highway.
THF,NCU Northeastcrk. along said existing centerline, along a can c to the left. said cane hav'sna a radius of
2864.99 feel, a central angle of4 40' 19". and a chord distance ol''_33.55 li`et to .r print:
THENCE: Southeasterly. alone a curve to thz Icf'1. said Curse having a radius of 712.79 lcet. at a central
angle of 10°58'07", and a chord distance of 136.2.4 feet, pass the existing right-of-waN line of said high\ia}.
continuing for a total central angle of 3I50'09" and a total chord distance of 392.15 feet to a 1'2" iron rod
With Cap set 10r a point of tangencti`
THENCE S. 4302P44" L. a distance of 1265.13 feet to a I,'2" iron rod with cap set for a point ol'cur\alure:
'1 HENCF, Southeasterly alone a Curve to the rialtt. said curse haying a radius of 812.75 feet. a central
angle of 44°50'-41 ". a chord distance of 620.02yfect. and a chord hearing ot• s. 20°56'24" L. to a 112" iron
rod with cap set fir a point of tangencN;
THENCE S. 01°28'57" %1 .. at l 160.31 feet pass the North rioaht-of-%say line of said FNi hiull�wN. continuing iisr
a total distance of 12 10.3 1 feet to the POINT OF 131-GINNING (the 111'0perty"1.
PARTIAL RELEASE. OF C01D1 If)1S AND COVE\A.N,rs .\tit) moUlm'.vrim AGREEMENT- 6
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
SN"
2}cq�
Kelly Pinion County Clerk
Lubbock County TEXAS
06/08/2016 01:i1 PM
FEE: $45.00
2016020085