HomeMy WebLinkAboutResolution - 1516 - Deed - TDHPT - 0.327 Acres Sec 80 Block A, I27 Project - 11_10_1983HW:js
RESOLUTION
RESOLUTION 1516 - 11/10/83
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 and
related forms conveying some 0.327 acres of land, more or less, out of the
East one-half of Section 80, Block A, Lubbock County, Texas, recorded in
Volume 39, Page 632 of the Deed Records of Lubbock County, Texas, in favor
of the Texas Department of Highways and Public Transportation for Inter-
state 27, said Deed to be in a form that shall be acceptable to the City
Attorney of the said City of Lubbock. Said land is more particularly
described by metes and bounds as follows:
BEGINNING at a point located in the west right-of-way line of U.S. 67,
said point being 2,576.99 feet North 87036'34" West of the northeast
corner of Section 79;
THENCE North 87036'34" West along the south line of this tract a
distance of 25.73 feet to the southwest corner of this tract;
THENCE North 2022'25" East along the west line of this tract a
distance of 597.02 feet to the north corner of this tract and a point
on a curve.
THENCE Southeasterly along said curve to the right, having a radius of
2,710.65 feet and a radius bearing South 83*34139" West said curve
being in the line of this tract, a distance of 598.79 feet to the
POINT OF BEGINNING.
Passed by the City Council this inch day of November , 1983.
ALA NRY, MAYOR
ATTEST;
E+�elyn Gaffga, ity c -Treasurer
APPRO AS TO CONTENT:
t A c a4
Tom Nivens, Right -of -Way A nt
APPROVED AS TO FORM:
Wa&uRA W. i 4 Q n nr4
Harold Willard, Assistant City Attorney
RESOLUTION 1516 - 11/lo/83
MEMORANDUM OF AGREEMENT
City of Lubbock
Alan Henry, Mayor
916 Texas Avenue
Lubbock, Texas 79401
Attention: Mr. Tom Nivens
Gentlemen::
CITY SECRETARY -TREASURER
October 31, 1983
County: Lubbock
Highway No: I-27
Location: From Loop 289 North,
South to 19th St, in Lubbock
Project No: I 27-7(8)305
Account No: 9005-27-13
Parcel No: 220
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 14,265.00 square feet of land out of the east one-half
(E1/2) of Section 80 Block A, Lubbock County, Texas located on the east side of
the 300 Block of North Avenue H. The right of way being purchased by the State
Department of Highways and Public Transportation has been thoroughly explained.
The payment of $700.00 as herein agreed to will constitute full payment to be
made by the State epartment of Highways and Public Transportation for the pro-
perty to be conveyed to the State. The State and Owner have agreed to the
following provisions:
1. Until payment is made by the State, title and possession of the property
to be conveyed remains with you. You shall bear all risk of loss to any
and all such property prior to such payment. Either you or the State
shall have the right to terminate this agreement.
2. 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.
3. 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 reimbursed
upon submission of a claim supported by receipted bills or other evidence of
actual expenses incurred.
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 truly,
& a*c��
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 transaction and agree that
my execution of the Right of Way Deed is based on this understanding.
CITY OF LUBBO K
By:
an envy. Mayor
Date: -m ov i o 1983
'State Department of Eiglwayz
1� anld-)Public Transportation
Form D-15-11 (Whole Taking)
Prge 1 of 4
Rev. 7-75
RESOLUTION 1516 - 11/10/83
Lubbock County
I 27-7(8)305
9005-27-13
Parcel 220
DEED
CONTROLLED ACCESS HIGHWAY FACILITY
THE STATE OF TEXAS X
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 MEN BY THESE PRESENTS:
That,
City of Lubbock
of the County of Lubbock , State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Seven
Hundred and No/100---------------------------------------------- ($ 7nn_on )
Dollars to Grantors in hand paid by the State of Texas, 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 Attachment - Exhibit A
Page 2 of 4 Pages
EXHIBIT A
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 220
A 14,265.00 square feet of land out of the east one-half (E/2) of Section 80
Block A, in Lubbock County, Texas conveyed to F.E. Wheelock, Mayor of the City
of Lubbock, Texas by deed dated Sept. 11, 1912 and recorded in Volume 39,
Page 632 of the Deed Records of Lubbock County, Texas, being more particularly
described by metes and bounds as follows:
BEGINNING at a point located in the west right-of-way line of U.S. 87, said point
being 2,576.99 feet North 87o36'34" West of the northeast corner of Section
79;
1) THENCE, North 87036'34" West along the south line of this
tract a distance of 25.73 feet to the southwest corner of
this tract;
2) THENCE, North 2022'25" East along the west line of this tract
a distance of 597.02 to the north corner of this tract and a
point on a curve.
3) THENCE, Southeasterly along said curve to the right, having a
radius of 2,710.85 feet and radius bearing South 8303439"
West said curve being in the line of this tract, a distance
of 598.79 feet to the point of beginning.
Form D-15-11 (Vhole Taking)
Page 3 of 4
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
covenant and agree to remove the above described improvements from said
by 19 subject, however, to su ions of time
as may be granted by the State in wri reason, Grantors�fuor�th
refuse to remove same within sai time prescri thout consideration, t o all or any part of such improvements not so rem
n 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 WITNESS WHEREOF, this instrument is executed on this the
November , 19 83
10th day of
CITY OF K
By:
Al rrT Henry, M yor
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS —)
County of Lubbock
Before me _—_Ol__ivia____
R. Solls _
—__—— a notary public in and for said County and State, on
this day personally appeared __Alan Henry, Mayor of the Cif of Lubbock. Text
known to me (or proved to me on
the oath of AUX a credible witness) 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., and in the capacitytherei stated.
Given under my -band and sea] of office, this the 2rZ y of 19
Notary Public in and for -- ___ __ ______________ _ County, Texas.
Form D-15-11 (Whole Taking)
Page 4 of 4 CORPORATION ACKNOWLEDGMENT
Rev. 10-61
STATE OF TEXAS
County of --- -- -- --- --1
BEFORE ME, the undersigned authority, a notary public in and for____ ___._—________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
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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____
___.-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.
FORM 132 REV. a-B: STATE DEPARTMENT OF HIGHWAYS AND
Name of
Address
PUBLIC TRANSPORTATION
BILLING STATEMENT
BILLING INSTRUCTIONS: To facilitate handling and prompt payment show the information in the spaces provided below. Sub-
mit five copies; sign the original only. Submit a separate statement for each requisition. Charges for freight or express, if any,
must be supported by the prepaid freight or express bill. This statement cannot be processed for payment without a valid vendor
ID number.
City of Lubbock Date Oct. 31
is 83
INVOICE DESCRIPTION QUANTITYUNIT PRICE AMOUNT DELIVERY DATE
DATE NUMBER {DEPARTMENT USE)
Texas
Whole Taking
Total Consideration 700 00
I 27-7
9005-27-13
L Alan Henry do herebycerti,y
that Iam Mayor, City of Lubbock
end that
(Title of Person CertHyinp)
I am dumely memorized to make this certification for and on behalf of the above named payee.
1 flmheI cerefY that this claim is correct and that It Corresponda In every particular with the
aupplief W. tervica , contracted for. I further Certify, t the claim la true, correct, end
unpaid.
■O 9, X ISlpnetur 1
CASH DISCOUNT % DAYS
TOTAL 700 1 00
SDHPT PURCHASING COMMISSION
REQUISITION NO: NO: DATE:
VENDOR ID NUMBER: 17560005906016
PRE I DETAIL COST ACCOUNTING CODES
EQUIP OR COST
1 AUTH ACCUMULATION IN O O P
SUB 3 O O FUNCTION IPE O OtIJECTOF 411 AMOUNT
�
NO HPR RESEARCH JOB NO EXPEND.
AGENCY CERTIFICATION — PROJECT N
1 CERTIFY TIMT THE ABOVE SERVICES WERE RENDERED, OR GOODS RE IVED, AND B I DESIGNATOR FARCEWTILITY NO O O 17)
THAT THEY CORRESPOND IN EVERY PARTICULAR WITH THE CONTRACT UNDER EiCOIKIN PECIALD JOB HWYNO SEC HIGHWAY NO !MAINECT.CLASS"
I
WHICH THEY WERE PROCURED AND THAT THE INVOICE IS TRUE, AND UNPAID. J J C C1., 701 3 400 336 1 700 01
ROW Engineer '
NAME TITLE i
CALCULATIONS AND FOOTINGS VERIFIED —
SUPPORTING DOCUMENTS COMPLETE: BY
Parcel No. 220
City of Lubbock, Texas
Blk. A Sec. 80
9005-27-13
I.H. 27
Lubbock, Co.
�o�
Taking ;4,26500 S.F.
Remainder None
SECTION 79 SECTION 80
N. AVENUE H
N 2022'25" 'E 597-02'
NO IMPROVEMENTS
IN
8.7° 3634° W 25.73'
�N� HWY 87 - R.O.W.
= 2710.85'
LINE L = 598:79'
State Department of Highways RESOLUTION 1516 11/10/83
and Pulflic Transportation
Form D-15-110
PROPE
Rev. 8-75 RTY OWNER'S CLAIM FOR PAYMENT t INCIDENTAL EXPENSES OF TRANSFER OF REAL PROPERTY TO *THE STA r
PRINT OR.TYPE ALL INFORMATION. 4
To: Parcel No. County
Ben alley 158 Lubbock
Account No. 9005-27-13 Highway No.
_ Project No, I 27-7(8)305 IH 27
Name of all owners: Address of State Acquired Property
City of Lubbock Intersection of US 87 and Municipal Drive
Below are listed all items included in this claim. Receipts are attached.
ITEM AMOUNT
Filing Fee - Quitclaim Deed $ 7.00
Total $ 7.00
I CERTIFY that the incidental expenses listed above were necessary in the transfer of
my property to the State. I further certify that this claim is true, correct and un-
paid and that I will not accept reimbursement or payment from any other source for
these items of expense previously paid by me.
Z_/_ fJ a enry, yore
-- Claimant
Date of Claim Signature(s)
TO BE COMPLETED BY STATE
I CERTIFY that I have examined this claim and substantiating documentation attached
herewith and have found it to be true, correct; necessary and reasonable and in con-
formance with the applicable provisions of the State law. I further certify that this
right of way parcel was acquired after the effective date of the State law. This claim
is recommended for payment.'
Date
District Engineer
RESOLUTION 1516 - 11/10/83
133 `REV. 6.8; STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION
BILLING STATEMENT
BILLING INSTRUCTIONS: To facilitate handling and prompt payment show the information in the spaces provided below. Sub-
mit five copies; sign the original only. Submit a separate statement for each requisition. Charges for freight or express, if any,
must be supported by the prepaid freight or express bill. This statement cannot be processed for payment without a valid vendor
ID number. a
Name of Payee City of Lubbock (5) Dote
Address 916 Texas Avenue
Lubbock Texas 79401
19_
INVOICE - DESCRIPTION I QUANTITY
DATE NUMBER !
UNIT PRICE
AMOUNT
DELIVERY DATE
IDEPARTMENT USE)
I
Pgr ell
158_
f
I
I
2-2-8
Claim f In idental Expenses of
Transfer of Real Property to the
State
7
00
I
i Filing Fee QuitclaimDeed
I
7
00
� I
i
j
I
i
I I 27-7(8.)305 9005-27-13
i
1 Alan Henry do hereby pertify
that lam Mayor, City of Lubbock and that
CASH DISCOUNT % DAYS
.
TOTAL 7
00
I
ITitk of Person Certifying)
1 am duty authorized to make this certification for and on behalf of the above named payee.
1 further certify that this claim is correct and that it corresponds in every particular with the
supplies endlor services contracted for. I funhel certify that the clsirt}is true, correct, and
unpaid_
4,1,ln,,l
SDHPT PURCHASING COMMISSION
REQUISITION NO: NO: DATE:
VENDOR ID NUMBER: 17560005906000
I PREDETAIL COST ACCOUNTING CODES
NO
EQUIP OR COST
1 AVTH AUMULATION NO C CSUB IPE C IOBJECTIt Itl AMOUNT
3 O C FUNCTION OF
HPR RESEARCH JOB NO'.l EXPEND.
PRp JECCT N
B DESIGNATOR �PARCEUUTILITV NO' C C -
CO'KINO HWY MA1NT 171
SPECIAL JOB NO HIGHWAY NO SEC 'CLASS
ID tat
AGENCY CERTIFICATION —
I CERTIFY THAT THE ABOVE SERVICES WERE RENDERED, O OODS RECEIVED, AND
THAT THEY CORRESPOND IN EVERY PARTICULAR WITH THE CONTRACT UNDER
WHICH THEY WERE PROCURED AND THAT THE INVOICE IS TRUE. AND UNPAID.
ROW Engineer
05! 5 7013 410 392 ;1 7. OO
I
- NAME TITLE
CALCULATIONS AND FOOTINGS VERIFIED —
SUPPORTING DOCUMENTS COMPLETE: BY
i
I -