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HomeMy WebLinkAboutResolution - 1364 - Deed - TDHPT - 3 LISD Lots In Original Town Addition, I 27 Project - 04_14_1983HW:cl RESOLUTION RESOLUTION 1364 - 4/14/83 BE 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 directed to execute for and on behalf of the City of Lubbock a Deed conveying all of Lot 8 in Block 77, Original Town of Lubbock, and all of Lots 8 and 9 in Block 62, Original Town of Lubbock, Lubbock County, Texas, in favor of the Texa: Department of Highways and Public Transportation, said Deed to be in a form that shall be acceptable to the City Attorney of said City of Lubbock. Passed by the City Council this 14th day of , 83 r BI c ST EY, MAYOR ATTEST: Evelyn Gaffga, 'City Sercr4ftfw6f-Treasurer AP ID AS TO CONTENT: lJJ t tefh ivens, Right -of -Way Agent APPROVED AS TO FORM: WG_1C.PktI WiQQ[11 r)L Harold Willard, Assistant City Attorney RESOLUTION 1364 - 4/14/83 May 25i 1983 MEMORANDUM OF AGREEMENT Lubbock County State of Texas City of Lubbock Lubbock Independent School. District 916 Texas +1Obbock, Texas 79401 Dear Sirs: County: Lubbock Highway No: IH 27 Location: From Loop 289 South to 19th Project No: I 27-7(8)305 Account No: 9005-27-13 Parcel No: 32 North, St. in Lubbock Our negotiations for highway right of way across your property have progressed to the point that you have indicated a willingness to sign a deed in return for payment as agreed to in our previous discussions. It is thought to be in the best interests of both you and the State Department of Highways and Public Transportation to confirm this agreement in order to avoid any possible misun- derstanding as to the details of the purchase, or the process by which the State Department of Highways and Public Transportation will make payment. Your property consists of Lot 8, Block 77 located in the City of Lubbock. The right of way being purchased by the State Department of Highways and Public Transportation has been thoroughly explained. The payment of $1,300.00 as herein agreed to will constitute full payment to be made by the State epar ment of Highways and Public Transportation for the property to be conveyed to the State. The State and Owner have agreed to the following provisions: 1. That you will execute a general warranty deed to the State conveying clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the Deed. 2. 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 After payment of the above purchase price, you will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the property to the State. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and similar expenses incidental to conveying such real property; and (2) penalty costs for prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reim- bursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. .".6 q MEMORANDUM OF AGREEMENT Page 2 The payment of the amount herein stated and the terms herein provided constitute the only promises, consideration and conditions of this purchase, and no other promises, consideration or conditions have been promised or implied, save and except any benefits which may accrue under the State's relocation assistance program and the mutual benefits to be derived by State Department of Highways and Public Transportation and the owner from the signing of this instrument. The State without cost to the owner, will pay the cost of recording all instru- ments conveying title to the State. It is suggested that you carefully review the proposed right of way deed and satisfy yourself as to its provisions. With your signing of this letter and the execution of the deed, the State will proceed with the issuance of a State warrant, which will be made out jointly to the owners of the property and to Western Title Company, agent for U.S. Life Title Insurance Company of Dallas. This company has been designated as the State's closing agent and is responsible to see that the State Department of Highways and Public Transportation obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. Yours t uly, Ben Alley District Engineer State Department of Highways and Public Transportation I fully understand the State Department of Highways and Public Transportation's proposal as contained in the above letter and acknowledge receipt of the Brochure, "Relocation Assistance Program". I understand that relocation benefits are handled entirely separate and in addition to this transactiork and agree that my execution of the Right of Way Deed is based on ndersta n . n Z:� 16 Zfef -3- e S"!ate Department of Highways +. and Public Transportation Form D-15-11 (Whole Taking) Page 1 of 4 Rev. 7-75 DEED CONTROLLED ACCESS HIGHWAY FACILITY THE STATE OF TEXAS X COUNTY OF Lubbock RESOLUTION 1364 - 4/14/83 WHEREAS, the State Highway and Public Transportation 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 and Public Transportation Commission for the purposes of facili- tating the construction, maintenance and operation of a Controlled Access Highway facility; NOW, THEREFORE, ENOW ALL INN BY THESE PRESENTS: School District of the County of Lubbock , State of Texas, hereinafter referred to as Grantors, 4bether one or more, for and iii consideration of the sum of One Thousand Three Hundred and No/100-------------------------- OIA00.00 ) Dollars to Grantors in hand paid by the State of Vexas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold, and by these presents do 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 particularly described as follows, to wit: See Attached Discription Page of Pages EXHIBIT County: Lubbock Highway: Interstate 27 Project Limits: From U.S. 62 (19th Street) to Loop 289 (North) Account: 9005-27-13 Field Notes for Parcel 32 Being all of Lot 8 in Block 77, Original Town of Lubbock, in the City of Lubbock, Lubbock County, Texas, according to a map or plat of said Addition recorded in Volume 5, Page 385 of the'Deed Records of Lubbock County; and being the same property described in a Deed from Grady Harrist, Sheriff, to County of Lubbock, intrust for the use and benefit of itself and the- State of Texas, the City of Lubbock and the Lubbock Independent School District, dated September 25, 1951, recorded in Volume 534, Page 355 Deed Records of Lubbock County, Texas, containing an area 3,250.00 square feet of land, more or less. ,Fgrm.D-15-.11 (Whole Taking) "Page 3 ,of 4 E Rev. 4-75 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above described prop- erty, to wit: NONE Grantors covenant and agree to remove the above described improvements from said land by , 19 , subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. 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. 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 W NESS WHEREOF, this instrument is 19 3 Lubbock County, Rodrick L. Shaw County Judge executed on this the day of Lubbock In ei dent SchW Vstrict r County Judge SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS County of ____ LUBBOCK ^---------------------_---- Before me, __ INETH / R / ffi FF a notary public in and for said County and State, on this day personally appeared __Rodrick L. Shaw, County Judge, Lubbock County, Texas known to me (or proved to me on the oath of —_--__-- _— _ a credible witness) to be the person ______ whose name 1S- subscribed to the foregoing instrument and acknowledged to me that --he-- executed the same for the purposes and consideration therein expressed. tt Given under my hand and seal of office, this the —day ofn"-� 19 83 Notary Public in and for —_____Lubbock «- - — _ County, Texas. Form D-15-11 (Whole Taking) Page 4 of 4 CORPORATION ACKNOWLEDGMENT Rev. 10-61 STATE OF TEXAS County of --- LUBBOCK BEFORE ME, the undersigned authority, a notary public in and for_- ___ _— ----- -- ---------- County, Texas, on this day personally appeared --Ai 11 B. _MCA1 i ster, Ma or ------------------- - - _------ of City of_Lubbock,Texas,A Municipal-, knowntto 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_ -City_ of Lubbor_k,_Te $_,A_Mun i_cipal _-, J4 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 �V___ day f ____k4;k ``¢ ___ , 19-3-3. --------------- --- ---LubVNotary Public in and for____-__-___-___—______un , Texas. z I z i a i ca >► o o a0 0 U x U 0 z W O w W O 41 C O 0 U Q ar d d M a m 0 N a ! .i AH C W x W N A CA W v H Q 'a d O o U A I H 'S a ,� o W I i x = U E-4 d ENDORSEMENTS THE STATE OF 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 __—_—__________—_A. 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 ______.—_r.____—______, A. A 19—_ 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, My i -County, Texas. . .Deputy. K 4. SINGLE a4M{3WL1EDGraEINT THE STATE OF TEXAS County of -----------LUBBOCK -------------------------------- Before me �/1'Eih��� 7-i9 F� _______________________________________________� a notary public in and for said County and State, on this day personalty appeared ___._Rodrick_ L _ Shaw, CountLubbock County, Texas known to me (or proved to me on the oath of ----- -__-_----------- -__-___________________ ___, a credible witness) 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. Given under r y hand and seal of office, this the _ _ day of Notary Public in and for ____ _______ _______________ Lubbock _Count ,Texas. Form D-15-11 (Whole Taking) Page 4 of 4 -- Rev. 10of CORPORATION ACKNOWLEDGMENT STATE OF TEXAS Countyof LUBBOCK ______.............................................. BEFORE ME, the undersigned authority, a notary public in and for________._____.-__- -------------------- County, Texas, on this day personally appeared --- Monte-Hasie, President, _Lubbock Independent School Distr- __—_ of __Lubbock, Texas--- _ known to me to be the person ------------------------------- and officer whose name ie subscribed to the foregoing instrument and acknowledged to me that the same was the act of the District, 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 _A; -------- of_--_ - ------ 19Z-3. V___-/_______._ _ Y - ---- --_--__-_____ Notary Public in and for ------------------ ----- Lubbock ------- ___- --------- _-____County, Texas. MEMORANDUM OF AGREEMENT City of Lubbock, Texas A Municipal Corporation 916 Texas Avenue Lubbock, Texas 79401 Gentlemen: RESOLUTION 1364 - 4/14/83 April 27, 1983 County: Lubbock Highway No: I-27 Location: From Loop 289 North, South to 19th St. in Lubbock Project No: 127-7(8)305 Account No: 9005-27-13 Parcel No: 63 Our negotiations for highway right of way across your property have progressed to the point that you have indicated a willingness to sign a deed in return for payment as agreed to in our previous discussions. It 1s thought to be in the best interests of both you and the State Department of Highways and Public Transportation to confirm this agreement in order to avoid any possible misun- derstanding as to the details of the purchase, or the process by which the State Department of Highways and Public Transportation will make payment. Your property consists of Lots 8 and 9 located in Block 62, Original Town of Lubbock. The right of way being purchased by the State Department of Highways and Public Transportation has been thoroughly explained. The payment of $2,600.00 as herein agreed to will constitute full payment to be made by the State Department of Highways and Public Transportation for the property to be conveyed to the State. The State and Owner have agreed to the following provisions: 1. That you will execute a general warranty deed to the State conveying a clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the Deed. 2. 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 After payment of the above purchase price, you will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the property to the State. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and similar expenses incidental to conveying such real property; and (2) penalty costs for prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reim- bursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. �x�� T FILE COPY MEMORANDUM OF AGREEMENT Page 2 The payment of the amount herein stated and the terms herein provided constitute the only promises, consideration and conditions of this purchase, and no other promises, consideration or conditions have been promised or implied, save and except any benefits which may accrue under the State's relocation assistance program and the mutual benefits to be derived by State Department of Highways and Public Transportation and the owner from the signing of this instrument. The State without cost to the owner, will pay the cost of recording all instru- ments conveying title to the State. It is suggested that you carefully review the proposed right of way deed and satisfy yourself as to its provisions. With your signing of this letter and the execution of the deed, the State will proceed with the issuance of a State warrant, which will be made out jointly to the owners of the property and to Western Title Company, agent for U.S. Life Title Insurance Company of Dallas. This company has been designated as the State's closing agent and is responsible to see that the State Department of Highways and Public Transportation obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. Yours uly, en Alley District E gin er State Depa gent of Highways and Public Transportation I fully understand the State Department of Highways and Public Transportation's proposal as contained in the above letter and acknowledge receipt of the Brochure, "Relocation Assistance Program". I understand that relocation benefits are handled entirely separate and in addition to this transaction and agree that my execution of the Right of Way Deed is based on this understanding. ATTEST: EVELYN GW FGA U City ,Secretary (Seal) CITY OFXB5:�? TEX4 �.�.Aw07/jXA6 Date: 4/14/83 'Y RESOLUTION 1364- 4/14/83 STATE DEPARTMENT OF HIGHWAYS AND FORM 132 REV. 11-75 PUBLIC TRANSPORTATION MONTHLY STATEMENT BILLING INSTRUCTIONS; To facilitate handling and prompt payment show Department Order No., Requleltion No., and Board of Control No. In spaces provided. Submit statement In quintuple; sign the original onh.. Submit a separate Statement for each requisition. Charges for freight or express, if any, must be Supported by the prepaid freight or express bill. lame of Firm City of Lubbock, A Municipal Corporation Date Iv_ .ddress 916 Texas Avenue. Lubbock, Texas, 79401 INVOICE DATE NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT DEPARTMENT ORDER NO. Original Town of Lubbock City of Lubbock Lubbock County, Texas 2,600 00 Whole Taking 9005-27-13 I 27-7(8)305 do hereby certify -at 1 am Mayor , and that I am (Title of Person Certifying) my authorized to make this certification ,r and on behalf of City of Lubbock, Texas (Name of payee company/claimant) further certify that the attached invoice Corr t and hat it orresponds in every particular with t sup ' and/or rv' es antracted for. I further certify the count is fru or ct ,d unpaid. r w 4/14/83 CASH DISCOUNT % DAYS TOTAL 2,600 00 REQUISITION NO. BOARD OF CONTROL NO. COST DISTRIBUTION SUe. "o °"[' DETAIL COST Accou"rlNo coots AMOUNT 1 AUTN QUIP oR COST ACCUMULATION NO O O FUNCTION (12) OBJECT Of EXPENDITURE 110-A) ul N lE) IPE. O RESEARCH roe No p p NPR (Date) (Signature) S PROJECT OESIaNAYOR PARCEL/ UTILITY NO IINCY CERTIFICATION— CERTIFY THAT THE ABOVE SERVICES WERE RENDERED, OR ')ODS RECEIVED, AND THAT THEY CORRESPOND IN [VERY ,RTICULAR WITH THE CONTRACT UNDER WHICH THEY WERE Al.D THAT ?.CURED THE INVOICE IS TRUE, AND UNPAID. 7 CO./N INO N11'Y. cc/KSPECIAL JHW N HIONWAY N0, a" SEC LAE NAME TITLE ALCULATIONS AND FOOTINOS VERIFIED — SUPPORTING DOCUMENTS COMPLETE- BY ..--_.__-___--- � RESOLUTION 1364 - 4/14/83 State Department of Highways y and Public Transportation Form D-15-11 (Whole Taking) Page 1 of 4 Rev. 7-75 DEED CONTROLLED ACCESS HIGHWAY FACILITY THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the State Highway and Public Transportation 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 and Public Transportation Commission for the purposes of facili- tating the construction, maintenance and operation of a Controlled Access Highway facility; NOW, THEREFORE, KNOW ALL HEN BY THESE PRESENTS: 7hat, City of Lubbock, Texas, A Municipal Corporation of the County of Lubbock , State of Texas, 32ereinafter referred to as Grantors, whether one or more, for and in considerattIon of the sum of Twenty Six Hundred and no1100 _ 0216700_00 Dollars to Grantors in hand paid by the State of TOxas , actin» �g by and through time State Righway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is.retained, either e=pressed or implied, have this,day Sold, and by these presents do 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 particularly described as follows, to wit: See Attached Field Notes r, Pa of Pages EXHIBIT County: Lubbock Highway: Interstate 27 Project Limits: From U.S. 62 (19th Street) to Loop 289 (North) Account: 9005-27-13 Field Notes for Parcel 63 Being all of Lots 8 and 9 in Block 62, Original Town of Lubbock, in the City.of Lubbock, Lubbock County, Texas, according to a map or plat of said Addition recorded in Volume.5, Page 385 of the Deed Records of Lubbock County; and being the same property described in a Deed from Nancy Hughes to the City of Lubbock, Texas, dated June 16, 1980 recorded in Volume 1696, Page 771 Deed Records of. Lubbock County, Texas, containing an area of 6500 square feet of land, more or less. 11 •a Form D-15-11 Page 3 of 4 Rev. 4-75 (Whole Taking) SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above described prop- erty, to wit: NONE Grantors covenant and agree to remove the above described improvements from said land by , 19 , subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. 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. 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 WUNESS WWMEOF, this instrument is executed on this the A r i l it9 83 City Secretary 14th day of �11 :i s .�, �..�., 0./Plzowr Xl�, �oo M P 70- A A TITLE: MAYOR SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS County of Lubbock _ - j Olivia So -] is me, ___is J _ ,., a notary public in and for said County and State, on this dayMayor Bill McAlister personally appeared _.---___--- known to me (orWaWd")ma u xxxgcga�iccc XxxzsxisxZcxnX�xxx2sctltcYpilS'cl to be the person — whose name - i s subscribed to the foregoing instrument and acknowledged to me that _he_, executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the 14 _ dap of Apr! 1 19 83 Notary Public in and for libhn k—__ County, Texas. Commission expires: f!1 �$- Form D-15-11 (Whole Taking) Page 4` of-4 CORPORATION ACKNOWLEDGMENT Rev.'10-61 STATE OF TEXAS County of LUBBOCK. BEFORE ME, the undersigned authority, a notary public in and Texas, on this day personally t;or o�i�n ___ oiC]�X_Qf_J ,. �Cnownrao 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 BaidCity_ of Lubbock=TX_tA.Municipal_Cor.porwatn mwpara n 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 _�'F_________-day__ _ ______ _____,p 19- g A, J t z s R F O U B �00 x V Notary Public in and for._________ � &--� County, Texas. -mac, �� 3a18S PC ag F-1 a a E� ENDORSEMENTS THE STATE OF TEXAS, County of __--_____________ I O m r. .i Qs A Q I, 1____,_______—__, Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, dated the ------ day of __ __ ___________A. D. 19__-- with its authentication, was filed for record in my office on the —_.day A. D. 19 at_ —_--o'clock _____M., and duly recorded this the_ -- day of 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. • f tl