HomeMy WebLinkAboutResolution - 2651 - Drainage Easement - Sentry Savings - Project #9265 - 09_24_1987JCR:da
RESOLUTION
Resolution #2651
September 24,_ 19P7
Agenda Item #18
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 Drainage
Easement by and between the City of Lubbock and Sentry Savings, attached
herewith, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 24th day of September , 1987.
B.C. McMINN, MAYOR
ATTEST:
Ranette oyd, City Secretary
APPROVED AS TO CONTENT:
L r Hoff an, irecto
Transpor tion
ROVED AS TO FORM:
n C. Ross, Jr., City Attorne
t Resolution #2651
33430
d Fife And Return To VOL 2655 PAGE 59
Ed Bucy R-O-W
DRAINAGE EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK 9
THAT SENTRY SAVINGS ASSOCIATION, a corporation of the State
of Texas, as Trustee and authorized agent for First State Bank -
Abilene, Universal'Savings- Houston, Mid -Kansas Federal- Wichita,
FSLIC- Receiver for Sierra Federal Savings and Loan Association,
and First Federal.S•avings and Loan Association of Creston; herein
called "GRANTORS".1or an in consideration of the sum of ONE HUNDRED
FORTY-ONE:.THOUSAND AND N0/100 DOLLARS ($141,000.00) to GRANTORS in
hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation
of Lubbock County, Texas, the receipt and sufficiency of which is
hereby acknowledged,and.confessed, and for the further good and
valuable consideration�in benefits accruing and to accrue to the
remainder of GRANTORS' property, particularly including the sur-
face improvements agreed to.be made by the City of Lubbock as set
forth in the specifications for Project No. 9265 of the City of
Lubbock and any change orders deemed proper by the City of
Lubbock (a copy of the specifications for said project beingon
file with the City Secretary of the City of Lubbock) have by
these presents GRANTED, BARGAINED, SOLD and CONVEYED and by these
presents do GRANT, BARGAIN, SELL and CONVEY.unto the CITY OF
LUBBOCK, its legal representatives, successors and assigns, for
the use of the public as a perpetual and permanent drainage ease-
ment, the free and uninterrupted use, liberty of passage in, on,,,
along, over, upon, under and across all that property lying and
being situated in Lubbock County, Texas, and being more particularly
described as follows, to -wit:
METES AND BOUNDS DESCRIPTION of a storm water storage and
drainage easement located in Section 11, block E-2, Lubbock,
Lubbock County Texas, being further described as follows:
BEGINNING at a set 1/2" iron rod with cap which bears N.
89059'40" E., a distance of 1691.49 feet and N. 00002'46"
E., a distance of 851.62 feet from the Southwest corner of
Section 11, Block E-2, Lubbock, Lubbock County, Texas;
THE14CE N. 00002'46" E. A distance of 360.00 feet to a set
1/2" iron rod with cap;
THENCE N. 380 W. a distance of 165.00 feet to a set 1/2"
iron rod with cap;
THENCE N. 55015' W. & distance of 535.52 feet to a set 1/2"
iron rod with cap; 4
THENCE N. 00000'20" W., at 177.13 feet pass a set 1/2" iron
rod with cap, continuing for a total distance of 323.58 feet
to a set 1/2" iron rod with cap,
THENCE N. 100 W. a distance of 639.75 feet to a set 1/2"
iron rod with cap;
THENCE N. 02000'18" E. a distance of 205.50 feet to a set
1/2" iron rod with cap;
THENCE NO. 22013'39" W. a distance of 509.03 feet to a set
1/2" iron rod with cap;
THENCE N. 28034'04" W. a distance of 124.10 feet to a set
1/2" iron rod with cap;
EXHIBIT A
VOL 2655 PAGE 60
THENCE N. 73005128" W. a distance of 647.12 feet to a set
1/2" iron rod with cap;
THENCE N. 00002146" E. a distance of 51.06 feet to a set
1/2" iron rod with cap in the South right-of-way line of
Loop 289;
THENCE S. 78015141" E. along the South right-of-way line of
Loop 289, at.562.96 feet pass a set 1/2" iron rod with cap,
at 662.92 feet pass a set 60-penny nail, and at 762.88 feet
pass a set 1/2" iron rod with cap, continuing for a total
distance of 876.55 feet to a found 1/2" square metal tube;
THENCE S. 24009107" W. a distance of 99.50 feet to a set
1/2" iron rod with cap;
THENCE S. 21017132" E. a distance of 531.00 feet to a set
1/211 iron rod with cap;
THENCE S. 11009115" W. a distance of 248.28 feet to a set
1/2" iron rod with cap;
THENCE S. 100 E. a distance of 648.49 feet to a set 1/2"
iron rod with cap;
THENCE S. 00000120" E. a distance of 280.00 feet to a set
1/2" iron rod with cap;
THENCE S. 55015' E. a distance of 498.37 feet to a set 1/2"
iron rod with cap;
THENCE S. 380 E. a distance of 258.43 feet to a set 1/2"
iron rod with cap;
THENCE S. 89057114" E. a distance of 514.02 feet to a set.
1/2" iron rod with cap;
THENCE S. 00002146" W. a distance of 360.00 feet to a set
1/2" iron rod with cap;
THENCE N. 89057114" W. a distance of 641.00 feet to the
POINT OF BEGINNING.
CONTAINING: 13.47 acres of land
SO LONG AS the public continues to use said property for the
purposes herein stated, said easement includes, but is not lim-
ited to, the free and uninterrupted use, liberty and privilege of
passage in, along, over, across, under, upon and against the
above described land for the purpose of constructing, recon-
structing, maintaining; repairing, cleaning and clearing said
premises for the free and unobstructed drainage of surface wa-
ters; together with the right of ingress, egress and regress for
such purposes in, on, along, through and across all the property
above described. City of Lubbock liability of any nature or de-
scription whatsoever for activities along, in or around said
easement shall be limited to the hereinabove described activi-
ties.
It is hereby covenanted and agreed that the CITY OF LUBBOCK
retains and reserves the right to set and determine the drainage
grade and direction of flow of surface waters on the real estate
above described, and buildings or like permanent structures shall
not be erected, built or constructed or allowed to be erected,
built or constructed in, upon, over, along, or across the real
estate above described, and if such erection; building or con-
- 2 -
struction does occur in violation of this prohibition, the CITY
OF LUBBOCK shall have the right.to remove said building or struc-
ture from the aforesaid real estate.
TO HAVE AND..TO HOLD the above described- premises together
with all and'singularly the rights and appurtenances thereto in
anywise belonging perpetually unto the CITY OF LUBBOCK, its suc-
cessors and assigns, for so long as the public uses the same for
the purposes -herein granted.
Ancillary to the Drainage Easement hereinabove granted, and
not as.a condition thereto, the parties hereto do agree as fol-
lows:
1., Grantor•hereby agrees upon execution of this Drainage
Easement that it shall escrow the sum of ONE HUNDRED
-TEN THOUSAND AND N0/100 DOLLARS ($110,000.00) in an in-
terest bearing account said sum together with the ac-
crued interest to be used exclusively for the develop-
ment of a park area, which.park area is all that prop-
erty contained within the yellow boundary drawn on the
preliminary plat of Lots 1 through 124 of West Chase an
Addition to the City of Lubbock a copy of which is at-
tached hereto as Exhibit "A" and made a part hereof for
all purposes.
2. It=is further agreed herein that said park shall be
built and completed within five (5) years of the execu-
tion of this Drainage Easement. GRANTOR further agrees
to develop plans and specifications for said park which
plans and specifications shall be _submitted to the Di-
rector of Parks and Recreation for the CITY OF LUBBOCK
and be approved by him. After the plans have been ap-
proved as aforesaid, GRANTOR shall commence construc-
tion of the park in strict conformity with said _plans
and specifications and the Director of Parks and Recre-
ation of the CITY OF LUBBOCK shall have the right of
inspection during construction of said park. Upon com-
pletion of said park a Deed of Dedication dedicating
said area to the CITY OF LUBBOCK as a dedicated park
shall be prepared by GRANTOR and upon recommendation by
the Director of Parks and Recreation that the GRANTOR
has fulfilled all of the conditions heretofore set
__.._..forth, accepted by the CITY OF LUBBOCK as a public park
• within the CITY OF LUBBOCK to be maintained by the
City.
3. That -said park shall be built.within five. (5) years
from the execution of this Drainage. Easement. In.the
event that GRANTOR fails to develop a.park acceptable
to the City Council within five (5) years, as herein
` set•- forth, -then in such event GRANTOR shall -pay over to
-• _--the CITY OF-LUBBOCK the 'sum of ONE HUNDRED TEN THOUSAND
AND N0/100 DOLLARS ($110,000.00) plus accrued interest
contained in the escrow account hereinabove described.
-It -.is further agreed• that if' any other person shall
succeed to the position of GRANTORS herein, then and in
such event GRANTORS herein shall transfer all right,
==title; and•interest in and to said escrow funds to-
". T.. gether with all interest shall: be-: transferred to said-
` successor so that they may perform the covenants herein
to. and further~agree, that if:sthe::title:.toz-the ..
V6: .' =:•herein described property changes; -it shall be trans -
subject to.,the...terms:.of...thecleasement herein:,
t
S� 3
e
VOL 2655 PAS, 62'
granted and the additional provisions of this instru-
ment which are agreed covenants running with the land.
5. The CITY OF LUBBOCK further agrees that it shall bear
all costs associated with the construction of the
drainage easement hereinabove described by metes and
bounds, which cost are currently estimated to be ONE
HUNDRED TWENTY THOUSAND THREE HUNDRED AND NO/100 DOL-
LARS ($120,300.00).
6. The CITY OF LUBBOCK further agrees, at its cost, to
place all dirt from the areas under construction for
the drainage improvements herein contemplated, which
drainage improvements are set forth in detail in CITY
OF LUBBOCK Contract No. 9265, a copy of which is on
file in the office of the City Secretary, at locations
in the vicinity of the."Borrow Area" shown on Exhibit
"A", which locations shall be preselected by GRANTOR
herein. GRANTOR shall further appoint an individual
site manager which shall work with the CITY OF LUBBOCK
or CITY OF LUBBOCK'S contractor and designate a spe-
cific number of locations for placement of excavated
dirt so that CITY OF LUBBOCK'S contractor shall not be
impeded or delayed in the performance of his Contract
with the CITY OF LUBBOCK. It is further agreed that
once the CITY OF LUBBOCK has deposited the dirt in an
area indicated by the site manager, then the CITY OF
LUBBOCK'S responsibility terminates and it will not be
required to relocate said dirt so deposited.
Sentry Savings Association by these presents expressly re-
presents and warrants that they have the express authority as
Trustee to execute this instrument for and on behalf of the here-
inabove named beneficiaries.
The mailing address for the CITY OF LUBBOCK, GRANTEE of the
Drainage Easement herein granted is P. O. Box 2000, Lubbock,
Texas 79457 and the mailing address of the GRANTOR, SENTRY SAV-
INGS ASSOCIATION is P. 0. Box 65150, Lubbock, Texas 79464.
WITNESS THE EXECUTION OF THIS INSTRUMENT this _7-vday of
0CTo66�y_ , 1987.
CITY OF LUBBOCK
BY:
B. C. MgMINN, MAYOR
SENTRY VING ASSOCIATION
BY:
•REGI "IVS, PRESIDENT
ATTEST: `SEAL ATTEST:
Ranett -Boyd, City Secreta y Q,po Secretary
APPROVED AS TO FORM:
L
J n C. Ross, Jr.,'City
Attorney .
- 4 -
r : voi 2655 PAGE 6 3
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally
appeared B. C..McMINN, MAYOR, 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 considera-
tion therein expressed and as the act and deed -of the CITY OF
LUBBOCK a municipal corporation.
=ER MY HAND AND.SEAL OF OFFICE, this day of
1987.
SEAL Notary Public in and for Lubbock
County, Texas f'#Ay C9MMISSION EXPIRE!f'
My Commission Expires: NOVEMBER 30, 1989
_ > ....OtIVIAR.So IS
THE STATE OF TEXAS §
COUNTY OF LUBBOCK 1 §
BEFORE ME, the undersigned authority, on this day personally
appeared REGI SPIERS, President of Sentry Savings Association, a
corporation," known to me to be the person whose name is sub-
scribed to -the -foregoing instrument, and acknowledged to me that
he executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed
of said corporation.
GIVEN UNDER MY HAND AND -SEAL OF OFFICE, this E- day of
tOcob� 1987.
_ Gomm Notary Public in and for Lubbock
County, Texas
.,;...,". ".. SEAC My Commission Expires:
VOL 2655 %A 64
THE STATE OF IOWA §
COUNTY OF UNION §
BEFORE ME, the undersigned authority, on this day personally
appeared Gary L. Davis , President of First Federal
Savings and Loan Association of Creston, Creston, Iowa, a corpo-
ration, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged tome that he executed
the same for the purposes and consideration therein expressed, in
the capacity therein stated and as the act and deed of said cor-
poration.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 14th day of
September , 1987.
OCT 2 187 15:40 FSLIC FOR WESTSIGE _ PAGE.02
11o'C9 A coo or.. .... ....
j Resolution #2651
PAGE 65
7 '
CONSEN7- To ExLC IUTF DRAT14AGF EASEMEN7'
The unCerlsigned, the owner of an unrecorded participation
interest in the real property described in the Drainage Easement
attached hereto as Exhibit A, hereby consents to and ratifies the
oXecution of such Drainage Easement by Sentry Savingv Association
and hereby authorizes sentry Savings Association to exeoute and
deliver such Drainage Easement to the City of Lubbock.
EXECUTED this _ day of �r, 1967.
FSLIC, RECEIVER FOR
SIERRA FEDERAL SAVINGS AND LOAN
ASSOCIATION
by
is
ACKNOWLEDGEMENT
STATE OF WASHINGTON )
1
County of n%LV- )
This instrument was acknowledged before me this ,& Q) day of
j'.___ , 1987, by .s____
stp-r%Q ve of the FSLIC, Rece x for S e?a FsG_ aI
savings and Loan Association.
i�
NOTARY PUBLIC IN AND FOR THE
STATE OF WASHINGTON
Notary's Printed Name:
My commission expires: 1-30-q0
- 1 - LO/D
Resolution #2651
VOL2655 PAGE 66
CONSENT TO EXECUTE DRAINAGE EASEMENT
The undersigned, the owner of an unrecorded participa-
tion interest in the real property described in the Drainage
Easement attached hereto as Exhibit A, hereby consents to and
-ratifies the execution of such Drainage Easement by Sentry
Savings Association and hereby authorizes Sentry Savings
Association to execute and deliver such Drainage Easement to
the City of Lubbock.
EXECUTED this 1 7 N day of September, 1987.
FIRST STATE BANK OF ABILENE
By
Its:
ACKNOWLEDGMENT
STATE OF TEXAS )
SS.
COUNTY 0)
This instrument was acknowledged before me this
dray of September, 1987, by
6y'ePi/ 11& d1re. ?"SIde _ of First State Bank of
Abilene, a Texas banking corporation.
96 �a
My Commission expires:L.FENwicK ff
a'YC=Mision Expire,,
THENCE N. 02000118/1 E. a distance of 205.50 feet to a set
Resolution 0651.
r
VOL 2655 PAGE 67
CONSENT TO EXECUTE DRAINAGE EASEMENT
The undersigned, the owner of an unrecorded participa-
tion interest in the real property described in the Drainage
Easement attached hereto as Exhibit A, hereby consents to and
ratifies the execution of such Drainage Easement by Sentry
Savings Association and hereby
Association to execute and deliver
the City of Lubbock.
authorizes Sentry Savings
such Drainage Easement to
EXECUTED this 17th day of September, 1987.
FIRST FEDERAL SAVINGS & LOAN ASSN.
By:
Gary L. D vis
Its: President
ACKNOWLEDGMENT
STATE OF IOWA )
SS.
COUNTY OF UNION )
This instrument was acknowledged before me this
day of September, 1987, by Gary L. Davis ,
President of First Federal Savings &
Loan Association, an Iowa corporation.
'Notary Public, a of Iowa
My Commission expires:
OAVO A. IOHOW
•o
Resolution #2651
VOL 2655 PAGE 6S
CONSENT TO EXECUTE DRAINAGE EASEMENT
The undersigned, the owner of an unrecorded participa-
tion interest in the real property described in the Drainage
Easement attached hereto as Exhibit A, hereby consents to and
ratifies the execution of such Drainage Easement by Sentry
Savings Association and hereby authorizes Sentry Savings
Association to execute and deliver such Drainage Easement to
the City of Lubbock.
EXECUTED this day of September, 1987.
MID-KANS S FEDERPA SAVINGS & LOAN
By:
Its:
ACKNOWLEDGMENT
STATE OF KANSAS )
SS.
COUNTY OF Sedglick )
This instrument was acknowledged before me this 14th
day of September, 1987, by Rex R. Grob ,
Vice President of Mid -Kansas Federal
Savings & Loan, a Kansas corporation.
Natary Public, State of Kansas
My Commission expires:
CARLEETA PRICE
@OTAOY PUBLIC
,. ETATic :F KAMZAS
MY 44PL Exp._V_z1_24,j
+
1/2" iron rod with cap;
Resolution #2651
t VOL 2655 PAGE 69
3
CONSENT TO EXECUTE DRAINAGE EASEMENT
The undersigned, the owner of an unrecorded participa-
tion interest in the real property described in the Drainage
Easement attached hereto as Exhibit A, hereby consents to and
ratifies the execution of such Drainage Easement by Sentry
Savings Association and hereby authorizes Sentry Savings
Association to execute and deliver such Drainage Easement to
the City of Lubbock.
EXECUTED this .17ll day of September, 1987.
UNIVERSAL SAVINGS ASSOCIATION
By;� o
Its:
ACKNOWLEDGMENT
STATE OF TEXAS )
) SS.
COUNTY OF Harr IS )
This instrument was acknowledged before me this ILAik
day of September, 1987, by Lcq- C�. Roaecis ,
ser1loc �) tCc- 1 ces'Jer\\ of Universal Savings
Association, a Texas corporation.
My Commission expires:
L-I - I 1 - Cb
cIL.ED FGR RECORD
• ... t _ Yt ar
87 OCT AIG
11'0�n 2
Notary Public, State of Texas
0�' `�1. SANDRA L, SMITH
•5 141tary Public, State d Toss
�: ;'.mod Commission Expires 411.90.
STATE OF TEXAS
COUNTY OF LUBBOCK
th1 herebyc ,ily that thi.m,tfument— TILEDen the
dots and of the time .tamped hefeon by me bna n,t duly
RECORDED in the Vol— and Pope of the 61fitial *eellfoP"
Record, of Lubbock County, T..ot m ,romped h.— by me.
OCT 15 196?
COUNTY CLERK
LUBBOCK COUNTY, TEXAS
October 6, 1987
x s;•
jj 6 a
Mr. Regi Spiers
President
-
� _ Sentry Savings Association
6502 Slide Road
�►xt`F�{}x Lubbock, Texas 79464
'rig 5• t7 ,"iW; v"• n+�
Dear Mr. Spiers:
in Attached is a check in the amount of $141,000 in considera—
tion for the easement of Section 11, Block E-2, Lubbock,
Lubbock County, Texas, granted to the City of Lubbock.
In compliance with Condition 1 of the executed easement it
• `'`y=' is understanding that
Y 9 Sentry Savings will escrow the sum
of $110,000 in an interest bearing account to be used exclu-
sively for the development of a park in the vicinity of KFYO
Lake. As soon as possible, I would like for you to forward
evidence of this escrow account, to be included with the
easement records in our files.
I appreciate your work in helping bring this easement execu-
tion to completion. Please feel free to contact me or mem-
bers of my staff if we need further discussions on this mat-
ter in the future.
Sincerely,
gip,
;W Larry J. Cunningham
City Manager
e ti LJC: nb
fy xc: Jim Bertram, Assistant City Manager
Robert City Manager
Larry Hoffman, Directorsofn
ryTransportation
bxc: Honorable Mayor and Members of the City Council
00,
Ranette Boyd, City Secretary
Y �/e
°=7®t� CITY OF LUBBOCK
•.
Office of
�`•�
The City Manager
°f 'ik
P.O. Box 2000
Lubbock, Tx. 79457
(806) 762 6411
October 6, 1987
Mr. Regi Spiers
President
Sentry Savings Association
'.._ 6502 Slide Road
Lubbock, Texas 79464
Dear Mr. Spiers:
Attached is a check in the amount of $141,000 in considera-
tion for the easement of Section 11, Block E-2, Lubbock,
Lubbock County, Texas, granted to the City of Lubbock.
In compliance with Condition 1 of the executed easement, it
r..,' is my understanding that Sentry Savings will escrow the sum
a=:z of $110,000 in an interest bearing account to be used exclu-
sively for the development of a park in the vicinity of KFYO
Lake. As soon as possible, I would like for you to forward
evidence of this escrow account, to be included with the
easement records in our files.
I appreciate your work in helping bring this easement execu-
tion to completion. Please feel free to contact me or mem-
bers of my staff if we need further discussions on this mat-
ter in the future.
Sincerely,
-
Larry J. Cunningham
City Manager
LJC:nb
xc: Jim Bertram, Assistant City Manager
Robert Massengale, Assistant City Manager
„
Larry Hoffman, Director of Transportation
Check No. 047968 received on — day of October,
1987.
Regi Sp rs
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P.O. BOX 2000 1625 13TH STREET
LUBBOCK, TEXAS 79457
(806) 762-6411
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