HomeMy WebLinkAboutResolution - 3795 - Contract - TP&W - Exchange Of Real Property - 01_23_1992Resolution No. 3795
January 23, 1992
Item #18
RESOLUTION
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 Contract for
Exchange of Real Property and related documents with the Texas Parks &
Wildlife Department (TP&W), together with any changes to such contract or
such documents that are approved as to form by the City Attorney and
necessary to effect the exchange of property between the City and TP&W,
which contract is attached hereto and 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 23rd day of January , 1992.
B. C. McMINX, MAYOR
ATTEST:
Kanexte boya, ulty ,)ecrn ary
APPROVED TO CONTENT:
Lee —Osborn, D' ector of Par s
& Recreation
APPROVED AS TO FORM:
Aalrold WillaWillarcr, AssistantCity
Attorney
sw:dw
agenda-D#1/K-TxPark.Res
Resolution No. 3795
January 23, 1992
Item #18
STATE OF TEXAS §
COUNTY OF LUBBOCK §
CONTRACT FOR EXCHANGE OF REAL PROPERTY
This Contract for Exchange of Real Property is made by and
between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corpo-
ration of Lubbock County, Texas, hereinafter called "City," and
the TEXAS PARKS AND WILDLIFE DEPARTMENT, hereinafter called
"Department."
WITNESSETH:
WHEREAS, the Department owns most of a 549.32-acre tract of
land in Lubbock County, Texas, hereinafter referred to as
"MacKenzie Park;" and
WHEREAS, the City formerly owned a large portion of MacKen-
zie Park but conveyed the property to which the City had title to
the State of Texas around 1935 and thereafter periodically
entered into concession or lease agreements with the State for
the use of much of the property, most recently on or about
October 11, 1990, pursuant to V.T.C.A. Parks & Wildlife Code
§13.006; and
WHEREAS, the City owns a 307.315-acre tract of land in
Yellowhouse Canyon Park that includes an area of Statewide and
National archaeological significance known as Lubbock Lake Land-
mark State Historic Site, hereinafter referred to as "Lubbock
Lake Site," which the City leased to the Department on or about
December 30, 1986, pursuant to V.T.C.A. Parks & Wildlife Code
§§13.005 and 21.103 for the purpose of establishing a State
Historic Site, a unit of the State Park System; and
WHEREAS, due to the major archaeological discoveries at the
Lubbock Lake Site, a large portion of Yellowhouse Canyon Park was
designated as a National Historic Landmark and 29.156 acres have
been designated as a State Archaeological Landmark; and
WHEREAS, Texas Tech University has been instrumental in the
exploration and development of Lubbock Lake Site; and
WHEREAS, the City reacquired title to a portion of MacKenzie
Park (approximately 7.093 acres) around 1958; and
WHEREAS, the City is desirous of reacquiring fee simple
title to the remainder of MacKenzie Park now owned by the Depart-
ment and an assignment of the lease agreement to a 45-acre tract
of land in MacKenzie Park owned by Lubbock County and leased to
the Department; and
WHEREAS, the Department is desirous of acquiring from the
City fee simple title to the property which includes Lubbock Lake
Site; and
WHEREAS, all of the above -described property has either been
dedicated or utilized as park property or was acquired for park
purposes; and
WHEREAS, V.T.C.A. Parks & Wildlife Code §13.009 permits the
Department to convey park property to the City in exchange for
other park property, provided the properties exchanged continue
Contract for Exchange of Real Property - Page 2
to be used for park purposes and other provisions of §13.009 are
complied with by the Department; and
WHEREAS, both the City and the Department intend to continue
utilizing for park purposes the property which each party respec-
tively desires to acquire from the other party; and
WHEREAS, all of the other provisions of §13.009 which must
be complied with by the Department for a valid exchange of park
property with the City either have been complied with or will be
complied with by the Department prior to closing; and
WHEREAS, reacquiring title to those portions of MacKenzie
Park owned by the Department and the leasehold interest in that
portion of MacKenzie Park leased by the Department from the
County would be in the best interest of the citizens of the City
of Lubbock in that it would enable the City to maintain and oper-
ate MacKenzie Park more efficiently; and
WHEREAS, conveying title to the tract of land containing
Lubbock Lake Site to the Department under conditions that permit
Texas Tech University to continue its archaeological and histori-
cal research, development and promotion of the Site is in the
best interest of the citizens of the entire State of Texas
because the Department and such University have the ability and
expertise to develop that property so as to afford those citizens
greater access to and enjoyment of such property; NOW THEREFORE;
Contract for Exchange of Real Property - Page 3
I.
Property and other consideration Exchanged
For the consideration herein set forth and upon all terms,
conditions and provisions herein contained, the City agrees to
convey to the Department and the Department agrees to accept from
the City those tracts or parcels of land described in Exhibits A
and B, attached hereto and incorporated herein as part of this
Agreement, together with other good and valuable consideration,
in exchange for which the Department agrees to convey to the City
and the City agrees to accept from the Department those tracts or
parcels of land described in Exhibit C, attached hereto and
incorporated herein as part of this Agreement, together with an
assignment from the Department of the lease agreement between the
Department's predecessor and the County of Lubbock executed on or
about August 25, 1938, and filed of record in Volume 334, Pages
255-56 of the Deed Records of Lubbock County, Texas, and the
further consideration of extending the interagency contract
between the Department and Texas Tech University executed on or
about May 7, 1987, until a new interagency contract is executed
between the Department and Texas Tech University.
Both the Department and the City herein agree that there
shall be no monetary consideration involved in this exchange of
real property other than as herein expressly stated, and the
difference in appraised values between the property which each
party was desirous of acquiring has been offset by additional
Contract for Exchange of Real Property - Page 4
property, improvements and other good and valuable consideration
sufficient to equalize the exchange.
II.
Terms and conditions
A. This Contract is subject to approval of the Governor of
the State of Texas and of the Texas Parks and Wildlife Commission
voting in public session in accordance with V.T.C.A. Parks &
Wildlife Code §13.009 and Vernon's Ann. Civ. St. art. 6252-17,
and shall be effective only upon delivery to the City of certifi-
cation of both the Governor's approval and the Commission's
approval.
B. Subject to its control and direction, the Department
herein agrees to permit representatives from Texas Tech Univer-
sity to have access to the property whose acquisition by the
Department is contemplated by this Agreement for purposes
consistent with the interagency contract executed between the
Department and such University on or about May 7, 1987, and a
subsequent interagency contract executed between the Department
and Texas Tech University for similar purposes. Furthermore,
within the guidelines of the Texas State Antiquities Committee,
the Department herein agrees to continue to designate the Texas
Tech University Museum as the primary repository of artifacts
resulting from research, development and exploration of the
property conveyed to the Department, except those artifacts which
Contract for Exchange of Real Property - Page 5
the Department and such University mutually agree are needed for
display at the State Historic Site.
C. Upon execution of this Contract, each party hereto
shall exercise due diligence in satisfying all conditions neces-
sary to render this Contract effective and in preparing all deeds
and other documents necessary to exchange the tracts or parcels
described in Exhibits A, B and.0 in accordance with State law.
D. At the time of closing, each party shall deliver to the
other party a deed conveying good and indefeasible title to the
tracts or parcels being conveyed free and clear of all restric-
tions, covenants, conditions and easements, except those of
record as of the date of execution of this Agreement and those
expressly reserved herein. The Department shall be responsible
for the cost of title insurance for those tracts or parcels which
are conveyed to the Department, and the City shall be responsible
for the cost of title insurance for those tracts or parcels which
are conveyed to the City.
E. Both the City and Department agree that neither party
shall utilize for other than park purposes any of the property
exchanged pursuant to this Agreement.
F. Both the City and Department further agree that all
leases between the parties for any of the property which is
exchanged between such parties at closing shall no longer have
any effect.
Contract for Exchange of Real Property - Page 6
G. The exchange of property contemplated by this Agreement
shall be closed in Lubbock, Texas, on or before February 15,
1992. However, both the Department and the City agree to use
their best efforts to close at an earlier date.
H. The terms and conditions of this Contract shall survive
the closing and be enforceable by either party hereto after such
closing.
Reservations
The City herein expressly reserves the following rights or
interests in the tracts or parcels to be conveyed to the Depart-
ment:
A. All rights granted in an oil and Gas Lease between the
City of Lubbock and W. E. Medlock, Sr., dated the 9th day of
November, 1984, and filed of record in Volume 1930, Pages 513-584
of the Deed Records of Lubbock County, Texas.
B. The right to install, operate and maintain any and all
pipes, pipelines and structures and the right to grant any and
all utility easements in, over and under the property conveyed to
the Department for the purpose of providing water and sewer
service and utilities to such property or any other parts of
Yellowhouse Canyon Park. The term "utilities," for the purposes
of this Agreement, shall mean any and all gas, electric, water,
sewer or phone services. The City will consult with the Depart-
ment concerning the location of any and all pipes, pipelines,
Contract for Exchange of Real Property - Page 7
structures and utility easements so as to minimize the possibil-
ity of harm to the State Historic Site.
C. The right of ingress and egress to and from the prop-
erty conveyed to the Department to install, operate and maintain
any and all utilities, electric utility poles, lines, cables or
other related facilities, City water or sewer lines or water or
sewer pipes or"pumping facilities in existence upon the execution
of this Agreement or which may, in the future, be installed in,
under or over such property.
D. All easements and other encumbrances of record in the
office of the County Clerk of Lubbock County, Texas, as of the
date of the execution of this Agreement.
E. The right of ingress and egress to and from and the
right to operate, maintain, improve and modernize the existing
sewage treatment plant owned by the City and located on the prop-
erty conveyed to the Department.
F. The right of ingress and egress to and from Berl Huff-
man Athletic Complex located within Yellowhouse Canyon Park and
the further right to operate, maintain, repair or enlarge the
existing roadway to said Berl Huffman Athletic Complex. The City
further reserves a construction easement of fifteen (15) feet on
either side of this roadway to be used by the City in the event
it repairs or enlarges said roadway and, in addition, the City
further reserves an additional fifteen (15) feet on either side
Contract for Exchange of Real Property - Page 8
of the existing roadway to be used by the City in the event it
enlarges said roadway.
G. All rights granted by franchise to public utility
companies.
EXECUTED this 23rd day of January , 1992.
TEXAS PARKS AND WILDLIFE
DEPARTMENT
BY
/ARDREW SANSOM, EXECUTIVE
DIRECTOR
APPROVED AS TO FORM AND LEGALITY:
CITY OF LUBBOCK, TEXAS
C. r
BY:
B. C. MCMPNN, MAYOR
ATTEST:
Ranette Boyd, City Secretary �
APPRO;�AS TB� QONTENT :
L1!Ye'Os15orn, Director of Parks
and Recreation
APPROVED AS TO FORM:
Harold Willard, Assistant
City Attorney
HW: da/INS-D 8/C-PRKWLD. DOC
Contract for Exchange of Real Property - Page 9
EXHIBIT A
A 307.315 acre tract located in Sections 12, 13, and 18, Block A, Lubbock
County, Texas, and being further described as follows:
BEGINNING at the Northwest corner of Section 12, Block A and at the Northeast
corner of Section 13, Block A, Lubbock County, Texas;
THENCE N. 89'54,05" E., along the North line of Section 12, a distance of
676.47 feet to a found 1" iron pipe;
THENCE S. 00°04147" E. a distance of 2277.15 feet to a found 1/2" iron pipe;
THENCE S. 87*46,57" W. a distance of 261.06 feet to a set 1 1/4" iron pipe;
THENCE S. 04°29155" W. a distance of 579.46 feet to a set 1 1/4" iron pipe;
THENCE S. 49009,58" W. a distance of 137.92 feet to a set 1 1/4" iron pipe;
THENCE S. 24°36,20" W. a distance of 135.27 feet to a set 1 1/4" iron pipe;
THENCE S. 84°22,58" W. a distance of 352.47 feet to a set 1 1/4" iron pipe;
THENCE S. 59°19107" W. a distance of 78.68 feet to a set 1 1/4" iron pipe;
THENCE S. 11°05140" W. a distance of 233.49 feet to a set 1 1/4" iron pipe;
THENCE S. 03°27,52" W. a distance of 253.18 feet to a set 1 1/4" iron pipe;
THENCE S. 00°27118" E. a distance of 900.58 feet to a set 1 1/4" iron pipe;
THENCE S. 03°35,23" E. a distance of 172.49 feet to a set 1 1/4" iron pipe;
THENCE S. 14°26,52" E. a distance of 90.16 feet to a set 1 1/4" iron pipe;
THENCE S. 24°13148" E. a distance of 165.42 feet to a set 1 1/4" iron pipe;
THENCE S. 18°43,44" E. a distance of 196.22 feet to a set 1 1/4" iron pipe;
THENCE S. 05'34,17" W. a distance of 71.27 feet to a set 1 1/4" iron pipe;
THENCE S. 35°58'53" W. a distance of 173.94 feet to a set 1 1/4" iron pipe;
THENCE S. 39°30,30" W. a distance of 234.55 feet to a set 1 1/4" iron pipe;
THENCE S. 38°02110" W. a distance of 436.95 feet to a set 1 1/4" iron pipe;
THENCE S. 48°58'36" W. a distance of 736.50 feet to a set 1 1/4" iron pipe;
THENCE S. 39°36,35" W. a distance of 156.57 feet to a set 1 1/4" iron pipe;
THENCE S. 24*13,38" W. a distance of 188.55 feet to a set 1 1/4" iron pipe;
THENCE N. 56058,50" W., along the Northeasterly right-of-way line of the
Panhandle and Santa Fe railroad, a distance of 2533.00 feet to a found 3/4"
iron pipe;
THENCE S. 89051,23" E., along the North line of Section 18, a distance of
1533.66 feet to a found 3/4" iron pipe;
THENCE N. 00°09101" E. a distance of 1199.51 feet to a set 1/2" galvanized
iron pipe;
THENCE S. 89048,30" E. a distance of 416.60 feet to a found 3/8" iron rod;
THENCE N. 00°09131" E. a distance of 1441.25 feet to a found 3/4" iron pipe;
THENCE S. 89°50120" E. a distance of 832.98 feet to a found 5/8" iron rod;
THENCE N. 15°57'31" W. a distance of 1204.37 feet to a found 1/2" iron pipe;
THENCE S. 89001,53" W. a distance of 1576.51 feet to a found 1/2" iron pipe;
THENCE N. 00°07157" W. a distance of 770.21 feet to a set 5/8" iron rod with
cap;
THENCE N. 45°11116" W. a distance of 183.46 feet to a found 1/2" iron pipe;
THENCE N. 83°51102" W. a distance of 351.38 feet to a found 1/2" iron pipe;
THENCE N. 02°55,34" W. a distance of 146.43 feet to a found 1/2" iron pipe;
THENCE N. 87*55,43" W. a distance of 211.32 feet to a set 5/8" iron rod with
cap;
THENCE N. 02°23'49" W. a distance of 419.27 feet to a point 0.48 feet North
of a found 1/2" iron pipe;
THENCE S. 89°47'45" E., along the North line of Section 13, a distance of
3313.54 feet to the POINT OF BEGINNING.
Contract for Exchange of Real Property
EXHIBIT A - Page 2
EXHIBIT B
A 29.268-acre.tract of land located in Sections 12, 13, 17, and 18, Block A,
Lubbock County, Texas, being further described as follows:
BEGINNING at a 1/2" rod with cap set which bears N. 00*00,08" E., 85.23 feet
and N. 50*11,46" E., 70.54 feet from a 1/2" rod with cap found at the
Southwest corner of Section 12, Block A, Lubbock County, Texas;
THENCE N. 79035,52" E. a distance of 202.70 feet to a 1/2" rod with cap set;
THENCE S. 80032,35" E. a distance of 208.32 feet to a 1/2" rod with cap set;
THENCE S. 67042,53" E. a distance of 386.12 feet to a 1/2" rod with cap set;
THENCE S. 62029,30" E. a distance of 241.18 feet to a 1/2" rod with cap set;
THENCE S. 51018,37" E. a distance of 147.95 feet to a 1/2" rod with cap set;
THENCE S. 33023,19" E. a distance of 85.45 feet to a 1/2" rod with cap set;
THENCE S. 20027,25" E. a distance of 87.58 feet to a 1/2" rod with cap set in
the Northwest right-of-way line of Loop 289;
THENCE S. 79054,53" W., along said right-of-way line, a distance of 65.00
feet to a 1/2" rod found;
THENCE S. 78001,53" W., along said right-of-way line, at 229.90 feet pass a
found concrete right-of-way monument, continuing for a total distance of
231.30 feet to a 1/2" rod with cap set;
THENCE S. 69034,53" W., along said right-of-way line, at 201.50 feet pass a
found concrete right-of-way monument, continuing for a total distance of
208.70 feet to a 1/2" rod with cap set;
THENCE Southwesterly, along said right-of-way line, around a curve to the
left, said curve having a radius of 3969.77 feet, a central angle of
11°07103", and a chord distance of 769.07 feet along a chord bearing of S.
68°02151" W. to a railroad spike set;
THENCE S. 65021,01" W., along said right-of-way line, a distance of 787.90
feet to a 1/2" rod found;
THENCE S. 59*19,25" W., along said right-of-way line, a distance of 479.88
feet to a 1/2" rod with cap set;
THENCE Northwesterly around a curve to the right, said curve having a radius
of 294.52 feet, a central angle of 29°03120", and a chord distance of 147.76
feet along a chord bearing of N. 05°02152" W. to a 1/2" rod with cap set;
THENCE N. 18008,32" E. a distance of 103.52 feet to a 1/2" rod with cap set;
THENCE N. 32°48'35" E. a distance of 110.60 feet to a 1/2" rod with cap set;
THENCE N. 48058,36" E. a distance of 592.38 feet to a 1/2" rod with cap set;
THENCE N. 38002,10" E. a distance of 441.93 feet to a railroad spike set;
THENCE N. 39030,30" E. a distance of 235.63 feet to a 1/2" rod with cap set;
THENCE N. 35058,53" E. a distance of 192.09 feet to a 1/2" rod with cap set;
THENCE N. 50°11146" E. a distance of 127.42 feet to the POINT OF BEGINNING.
Contract for Exchange of Real Property
EXHIBIT B - Page 2
EXHIBIT C
All those certain tracts or parcels of land situated in Lubbock County, Texas,
described in four (4) tracts as follows:
TRACT 1
332.6 acres of land out of Sections one (1) and seventy-seven (77), in Block
A, described by metes and bounds as follows:
BEGINNING at the Southwest corner of Section 1, Block A, Cert. 26, Patent 336,
Lubbock County, Texas, for the Southwest corner of this tract;
THENCE North along the West line of said Section 1, Block A, a distance of
4488.3 feet;
THENCE N. 39016, E. 1022.6 feet cross North line of said Section 1, Block A,
in all 1182.6 feet;
THENCE N. 46054, E. 175.0 feet;
THENCE N. 52029, E. 166.0 feet;
THENCE S. 22028, E. 372.9 feet cross the North line of Section 1, Block A, in
all 785.0 feet;
THENCE N. 86019, E. 123.0 feet;
THENCE N. 27024, E. 420.0 feet cross the North line of Section 1, Block A, in
all 554.4 feet;
THENCE S. 83018, E. 477.0 feet;
THENCE S. 01057, W. 63.7 feet cross the North line of Section 1, Block A, in
all 1538.0 feet;
THENCE S. 07010, E. 440.0 feet;
THENCE N. 45*49, E. 520.0 feet;
THENCE S. 25011, E. 275.7 feet;
THENCE S. 40042, W. 589.0 feet;
THENCE S. 13°101 E. 540.0 feet;
THENCE S. 23°161 E. 571.0 feet;
THENCE S. 29°411 E. 450.0 feet;
THENCE S. 52004, E. 324.0 feet;
THENCE S. 29034, E. 212.0 feet;
THENCE S. 65047, E. 700.0 feet;
THENCE N. 48048, E. 520.0 feet;
THENCE S. 600181 E. 364.3 feet;
THENCE S. 34013, W. 1159.6 feet;
THENCE South 130.0 feet to the South line of Section 1, Block A;
THENCE West 3895.0 feet along the South line of Section 1, Block A, to the
PLACE OF BEGINNING.
CONTAINING 332.6 acres, 329.4 acres out of Section 1, Block A, and 3.2 acres
out of Section 77, Block A.
TRACT 2
81.04 acres of land out of Section three (3), Block 0, Abstract 24, described
by metes and bounds as follows:
BEGINNING at a point 30 feet South of the Northwest corner of Section 3, Block
0, for the Northwest corner of this tract;
THENCE South along the West line of Section 3, Block 0, 466.5 feet;
THENCE S. 87046, E. 804.0 feet;
THENCE S. 50°18' E. 298.5 feet;
THENCE S. 31023, E. 398.3 feet;
THENCE S. 22004, W. 228.2 feet;
THENCE East 2365.7 feet to a point for the Southeast corner of this tract;
THENCE North 1237.5 feet to a point for the Northeast corner of this tract,
said point being 30 feet South of the North line of said Section 3, Block 0;
THENCE West 3520.0 feet to the PLACE OF BEGINNING.
Contract for Exchange of Real Property
EXHIBIT C - Page 2
TRACT 3
A part of Section eighty (80), Block A, Abstract 995, described by metes and
bounds as follows:
BEGINNING at the Southeast corner of Section 80, Block A, for the Southeast
corner of this tract;
THENCE West 1645.1 feet along the South line of Section 80, Block A, to its
intersection with the East right of way line of State Highway No. 9;
THENCE in a Northeasterly direction along the said East right of way line of
State Highway No. 9 to its intersection with the East line of Section 80,
Block A;
THENCE, South 1838.9 feet to the PLACE OF BEGINNING.
CONTAINING approximately 22.8 acres.
TRACT 4
A tract of land out of Section seventy-nine (79), Block A, Abstract 331,
described by metes and bounds as follows:
BEGINNING at the Southeast corner of Section 79, Block A, for the Southeast
corner of this tract;
THENCE West 620.0 feet;
THENCE North 659.5 feet;
THENCE West 635.2 feet;
THENCE South 659.5 feet;
THENCE West 40.0 feet;
THENCE North 2640.0 feet to the North line of Section 79, Block A;
THENCE East 1295.2 feet to the East line of Section 79, Block A;
THENCE South 2640.0 feet to the PLACE OF BEGINNING.
CONTAINING 68.88 acres less the following described tract, which is reserved
by the City of Lubbock, Texas:
BEGINNING at the Southeast corner of Section 79, Block A, for the Southeast
corner of this tract;
Contract for Exchange of Real Property
EXHIBIT C - Page 3
THENCE West 208.8 feet;
THENCE North 208.8 feet;
THENCE East 208.8 feet;
THENCE South 208.8 feet to the PLACE OF BEGINNING.
CONTAINING 1.0 acre.
SAVE AND EXCEPT the 7.093 acres contained in the following five (5) tracts of
land previously conveyed to the City in Volume 680, Pages 545-547 of the Deed
Records of Lubbock County, Texas, and more particularly described as follows:
TRACT 5
BEGINNING at an Auto Axle for the Northeast corner of MacKenzie State Park;
THENCE South 01°51' West along the present East property line of MacKenzie
State Park a distance of 1256.84 feet to a point;
THENCE Northwesterly around a curve to the right, the radius point of said
curve bears North 76°36,03.74" East a distance of 1121.44 feet, a distance of
300.43 feet to a point of tangency;
THENCE North 01°511 East a distance of 963.32 feet to a point in the North
property line of MacKenzie State Park;
THENCE South 83018, East along the North property line of MacKenzie State
Park a distance of 40.14 feet to the POINT OF BEGINNING.
CONTAINING 1.07 acres, more or less.
TRACT 6
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 1766.7 feet South and 215.5 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE North 45049, East along the East property line of MacKenzie State Park
a distance of 223.3 feet to a point;
THENCE South 25011, East along the East property line of MacKenzie State Park
a distance of 275.7 feet to a point;
THENCE South 40042, West along the East property line of MacKenzie State Park
a distance of 381.2 feet to a point;
Contract for Exchange of Real Property
EXHIBIT C - Page 4
THENCE North 11°571 East a distance of 64.4 feet to a point of tangency;
THENCE Northwesterly around a curve to the left, the radius of which is 484.84
feet, tangent distance of 226.08 feet, angle of intersection of 500001, curve
length of 423.10 feet, a distance of 329.0 feet to the POINT OF BEGINNING.
CONTAINING 1.65 acres, more or less.
TRACT 7
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 2611.67 feet South and 180.06 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE South 13°10' East along the East line of MacKenzie State Park a
distance of 227.25 feet to a point;
THENCE South 23016, East along the East line of MacKenzie State Park a
distance of 571.00 feet to a point;
THENCE South 29*41, East along the East line of MacKenzie State Park a
distance of 186.82 feet to a point;
THENCE North 42*02,49" West a distance of 91.48 feet to the beginning of a
curve to the right having a radius of 590 feet, tangent distance of 97.57
feet, angle of intersection of 18°46'49" and a curve length of 193.40 feet;
THENCE Northwesterly around said curve to the right a distance of 193.40 feet
to the point of tangency;
THENCE North 23°161 West parallel to and 40 feet Southwesterly of the East
line of MacKenzie State Park a distance of 282.8 feet to the beginning of a
curve to the right having a radius of 1149.33 feet, tangent distance of 364.77
feet, angle of intersection of 35°13' and a curve length of 706.4 feet;
THENCE Northwesterly around said curve to the right a distance of 430.9 feet
to the POINT OF BEGINNING.
CONTAINING .84 acres, more or less.
TRACT 8
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 4187.17 feet South and 1162.96 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE South 65*47, East along the East property line of MacKenzie State Park
a distance of 557.70 feet to a point in a curve to the right, the origin of
which bears North 07°53,25" East a distance of 991.97 feet;
Contract for Exchange of Real Property
EXHIBIT C - Page 5
THENCE along said curve to the right a distance of 565.11 feet to the POINT OF
BEGINNING.
CONTAINING .343 acres, more or less.
TRACT 9
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 4412.05 feet South and 1686.89 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE North 48048, East along the East property line of MacKenzie State Park
a distance of 509.21 feet to a point;
THENCE South 60018, East along the East property line of MacKenzie State Park
a distance of 364.3 feet to a point;
THENCE South 34°131 West along the East property line of MacKenzie State Park
a distance of 196.2 feet to a point;
THENCE South 89°161 West a distance of 455.72 feet to the beginning of a
curve to the ri.ght having an angle of intersection of 24*571, a radius of
991.97 feet, tangent distance of 219.46 feet and a curve length of 431.96
feet;
THENCE Northwesterly around said curve to the right a distance of 171.98 feet
to the POINT OF BEGINNING.
CONTAINING 3.19 acres, more or less.
Contract for Exchange of Real Property
EXHIBIT C - Page 6
Resolution No. 3795
January 23, 1992
Item #18
STATE OF TEXAS §
COUNTY OF LUBBOCK §
CONTRACT FOR EXCHANGE OF REAL PROPERTY
This Contract for Exchange of Real Property is made by and
between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corpo-
ration of Lubbock County, Texas, hereinafter called "City," and
the TEXAS PARKS AND WILDLIFE DEPARTMENT, hereinafter called
"Department."
WITNESSETH:
WHEREAS, the Department owns most of a 549.32-acre tract of
land in Lubbock County, Texas, hereinafter referred to as
"MacKenzie Park;" and
WHEREAS, the City formerly owned a large portion of MacKen-
zie Park but conveyed the property to which the City had title to
the State of Texas around 1935 and thereafter periodically
entered into concession or lease agreements with the State for
the use of much of the property, most recently on or about
October 11, 1990, pursuant to V.T.C.A. Parks & Wildlife Code
§13.006; and
WHEREAS, the City owns a 307.315-acre tract of land in
Yellowhouse Canyon Park that includes an area of Statewide and
National archaeological significance known as Lubbock Lake Land-
mark State Historic Site, hereinafter referred to as "Lubbock
Lake Site," which the City leased to the Department on or about
December 30, 1986, pursuant to V.T.C.A. Parks & Wildlife Code
§§13.005 and 21.103 for the purpose of establishing a State
Historic Site, a unit of the State Park System; and
WHEREAS, due to the major archaeological discoveries at the
Lubbock Lake Site, a large portion of Yellowhouse Canyon Park was
designated as a National Historic Landmark and 29.156 acres have
been designated as a State Archaeological Landmark; and
WHEREAS, Texas Tech University has been instrumental in the
exploration and development of Lubbock Lake Site; and
WHEREAS, the City reacquired title to a portion of MacKenzie
Park (approximately 7.093 acres) around 1958; and
WHEREAS, the City is desirous of reacquiring fee simple
title to the remainder of MacKenzie Park now owned by the Depart-
ment and an assignment of the lease agreement to a 45-acre tract
of land in MacKenzie Park owned by Lubbock County and leased to
the Department; and
WHEREAS, the Department is desirous of acquiring from the
City fee simple title to the property which includes Lubbock Lake
Site; and
WHEREAS, all of the above -described property has either been
dedicated or utilized as park property or was acquired for park
purposes; and
WHEREAS, V.T.C.A. Parks & Wildlife Code §13.009 permits the
Department to convey park property to the City in exchange for
other park property, provided the properties exchanged continue
Contract for Exchange of Real Property - Page 2
to be used for park purposes and other provisions of §13.009 are
complied with by the Department; and
WHEREAS, both the City and the Department intend to continue
utilizing for park purposes the property which each party respec-
tively desires to acquire from the other party; and
WHEREAS, all of the other provisions of §13.009 which must
be complied with by the Department for a valid exchange of park
property with the City either have been complied with or will be
complied with by the Department prior to closing; and
. WHEREAS, reacquiring title to those portions of MacKenzie
Park owned by the Department and the leasehold interest in that
portion of MacKenzie Park leased by the Department from the
County would be in the best interest of the citizens of the City
of Lubbock in that it would enable the City to maintain and oper-
ate MacKenzie Park more efficiently; and
WHEREAS, conveying title to the tract of land containing
Lubbock Lake Site to the Department under conditions that permit
Texas Tech University to continue its archaeological and histori-
cal research, development and promotion of the Site is in the
best interest of the citizens of the entire State of Texas
because the Department and such University have the ability and
expertise to develop that property so as to afford those citizens
greater access to and enjoyment of such property; NOW THEREFORE:
Contract for Exchange of Real Property - Page 3
I.
Property and Other consideration Exchanged
For the consideration herein set forth and upon all terms,
conditions and provisions herein contained, the City agrees to
convey to the Department and the Department agrees to accept from
the City those tracts or parcels of land described in Exhibits A
and B, attached hereto and incorporated herein as part of this
Agreement, together with other good and valuable consideration;
in exchange for which the Department agrees to convey to the City
and the City agrees to accept from the Department those tracts or
parcels of land described in Exhibit C, attached hereto and
incorporated herein as part of this Agreement, together with an
assignment from the Department of the lease agreement between the
Department's predecessor and the County of Lubbock executed on or
about August 25, 1938, and filed of record in Volume 334, Pages
255-56 of the Deed Records of Lubbock County, Texas, and the
further consideration of extending the interagency contract
between the Department and Texas Tech University executed on or
about May 7, 1987, until a new interagency contract is executed
between the Department and Texas Tech University.
Both the Department and the City herein agree that there
shall be no monetary consideration involved in this exchange of
real property other than as herein expressly stated, and the
difference in appraised values between the property which each
party was desirous of acquiring has been offset by additional.
Contract for Exchange of Real Property - Page 4
property, improvements and other good and valuable consideration
sufficient to equalize the exchange.
II.
Terms and Conditions
A. This Contract is subject to approval of the Governor of
the State of Texas and of the Texas Parks and Wildlife Commission
voting in public session in accordance with V.T.C.A. Parks &
Wildlife Code §13.009 and Vernon's Ann. Civ. St. art. 6252-17,
and shall be effective only upon delivery to the City of certifi-
cation of both the Governor's approval and the Commission's
approval.
B. Subject to its control and direction, the Department
herein agrees to permit representatives from Texas Tech Univer-
sity to have access to the property whose acquisition by the
Department is contemplated by this Agreement for purposes
consistent with the interagency contract executed between the
Department and such University on or about May 7, 1987, and a
subsequent interagency contract executed between the Department
and Texas Tech University for similar purposes. Furthermore,
within the guidelines of the Texas State Antiquities Committee,
the Department herein agrees to continue to designate the Texas
Tech University Museum as the primary repository of artifacts
resulting from research, development and exploration of the
property conveyed to the Department, except those artifacts which
Contract for Exchange of Real Property - Page 5
the Department and such University mutually agree are needed for
display at the State Historic Site.
C. Upon execution of this Contract, each party hereto
shall exercise due diligence in satisfying all conditions neces-
sary to render this Contract effective and in preparing all deeds
and other documents necessary to exchange the tracts or parcels
described in Exhibits A, B and C in accordance with State law.
D. At the time of closing, each party shall deliver to the
other party a deed conveying good and indefeasible title to the
tracts or parcels being conveyed free and clear of all restric-
tions, covenants, conditions and easements, except those of
record as of the date of execution of this Agreement and those
expressly reserved herein. The Department shall be responsible
for the cost of title insurance for those tracts or parcels which
are conveyed to the Department, and the City shall be responsible
for the cost of title insurance for those tracts or parcels which
are conveyed to the City.
E. Both the City and Department agree that neither party
shall utilize for other than park purposes any of the property
exchanged pursuant to this Agreement.
F. Both the City and Department further agree that all
leases between the parties for any of the property which is
exchanged between such parties at closing shall no longer have
any effect.
Contract for Exchange of Real Property - Page 6
G. The exchange of property contemplated by this Agreement
shall be closed in Lubbock, Texas, on or before February 15,
1992. However, both the Department and the City agree to use
their best efforts to close at an earlier date.
H. The terms and conditions of this Contract shall survive
the closing and -be enforceable by either party hereto after such
closing.
Reservations
The City herein expressly reserves the following rights or
interests in the tracts or parcels to be conveyed to the Depart-
ment:
A. All rights granted in an Oil and Gas Lease between the
City of Lubbock and W. E. Medlock, Sr., dated the 9th day of
November, 1984, and filed of record in Volume 1930, Pages 513-584
of the Deed Records of Lubbock County, Texas.
B. The right to install, operate and maintain any and all
pipes, pipelines and structures and the right to grant any and
all utility easements in, over and under the property conveyed to
the Department for the purpose of providing water and sewer
service and utilities to such property or any other parts of
Yellowhouse Canyon Park. The term "utilities," for the purposes
of this Agreement, shall mean any and all gas, electric, water,
sewer or phone services. The City will consult with the Depart-
ment concerning the location of any and all pipes, pipelines,
Contract for Exchange of Real Property - Page 7
structures and utility easements so as to minimize the possibil-
ity of harm to the State Historic Site.
C. The right of ingress and egress to and from the prop-
erty conveyed to the Department to install, operate and maintain
any and all utilities, electric utility poles, lines, cables or
other related facilities, City water or sewer lines or water or
sewer pipes or pumping facilities in existence upon the execution
of this Agreement or which may, in the future, be installed in,
under or over such property.
D. All easements and other encumbrances of record in the
office of the County Clerk of Lubbock County, Texas, as of the
date of the execution of this Agreement.
E. The right of ingress and egress to and from and the
right to operate, maintain, improve and modernize the existing
sewage treatment plant owned by the City and located on the prop-
erty conveyed to the Department.
F. The right of ingress and egress to and from Berl Huff-
man Athletic Complex located within Yellowhouse Canyon Park and
the further right to operate, maintain, repair or enlarge the
existing roadway to said Berl Huffman Athletic Complex. The City
further reserves a construction easement of fifteen (15) feet on
either side of this roadway to be used by the City in the event
it repairs or enlarges said roadway and, in addition, the City
further reserves an additional fifteen (15) feet on either side
Contract for Exchange of Real Property - Page 8
of the existing roadway to be used by the City in the event it
enlarges said roadway.
G. All rights granted by franchise to public utility
companies.
EXECUTED this 23rd day of January , 1992.
TEXAS PARKS AND WILDLIFE
DEPARTMENT
BY:
ANDREW SANSOM, EXECUTIVE
DIRECTOR
APPROVED AS TO FORM AND LEGALITY:
CITY OF LUBBOCK, TEXAS
BY: if C �
. C. McMI N, MAYOR
ATTEST:
Ran to Boyd, City Secretary
APPROV AS TO CON ENT:
Lee Osborn, Director of Parks
and Recreation
APPROVED AS TO FORM:
Harold Willard, Assi ant
City Attorney
HW: da/INS-D8/C-PRKWLD. D OC
Contract for Exchange of Real Property - Page 9
e
EXHIBIT A
A 307.315 acre tract located in Sections 12, 13, and 18, Block A, Lubbock
County, Texas, and being further described as follows:
BEGINNING at the Northwest corner of Section 12, Block A and at the Northeast
corner of Section 13, Block A, Lubbock County, Texas;
THENCE N. 89054,05" E., along the North line of Section 12, a distance of
676.47 feet to a found 1" iron pipe;
THENCE S. 00004,47" E. a distance of 2277.15 feet to a found 1/2" iron pipe;
THENCE S. 87046,57" W. a distance of 261.06 feet to a set 1 1/4" iron pipe;
THENCE S. 04029,55" W. a distance of 579.46 feet to a set 1 1/4" iron pipe;
THENCE S. 49009,58" W. a distance of 137.92 feet to a set 1 1/4" iron pipe;
THENCE S._24036,20" W. a distance of 135.27 feet to a set 1 1/4" iron pipe;
THENCE S. 84022,58" W. a distance of 352.47 feet to a set 1 1/4" iron pipe;
THENCE S. 59019,07" W. a distance of 78.68 feet to a set 1 1/4" iron pipe;
THENCE S. 11005,40" W. a distance of 233.49 feet to a set 1 1/4" iron pipe;
THENCE S. 03027,52" W. a distance of 253.18 feet to a set 1 1/4" iron pipe;
THENCE S. 00027,18" E. a distance of 900.58 feet to a set 1 1/4" iron pipe;
THENCE S. 03035,23" E. a distance of 172.49 feet to a set 1 1/4" iron pipe;
THENCE S. 14026,52" E. a distance of 90.16 feet to a set 1 1/4" iron pipe;
THENCE S. 24013,48" E. a distance of 165.42 feet to a set 1 1/4" iron pipe;
THENCE S. 18043,44" E. a distance of 196.22 feet to a set 1 1/4" iron pipe;
THENCE S. 05034,17" W. a distance of 71.27 feet to a set 1 1/4" iron pipe;
THENCE S. 35058,53" W. a distance of 173.94 feet to a set 1 1/4" iron pipe;
THENCE S. 39030,30" W. a distance of 234.55 feet to a set 1 1/4" iron pipe;
THENCE S. 38002,10" W. a distance of 436.95 feet to a set 1 1/4" iron pipe;
THENCE S. 48058,36" W. a distance of 736.50 feet to a set 1 1/4" iron pipe;
THENCE S. 39036135" W. a distance of 156.57 feet to a set 1 1/4" iron pipe;
THENCE S. 24013,38" W. a distance of 188.55 feet to a set 1 1/4" iron pipe;
THENCE N. 56058,50" W., along the Northeasterly right-of-way line of the
Panhandle and Santa Fe railroad, a distance of 2533.00 feet to a found 3/4"
iron pipe;
THENCE S. 89051,23" E., along the North line of Section 18, a distance of
1533.66 feet to a found 3/4" iron pipe;
THENCE N. 00*09,01" E. a distance of 1199.51 feet to a set 1/2" galvanized
iron pipe;
THENCE S. 89048,30" E. a distance of 416.60 feet to a found 3/8" iron rod;"
THENCE N. 00009,31" E. a distance of 1441.25 feet to a found 3/4" iron pipe;
THENCE S. 89050,20" E. a distance of 832.98 feet to a found 5/8" iron rod;
THENCE N. 15057,31" W. a distance of 1204.37 feet to a found 1/2" iron pipe;
THENCE S. 89001,53" W. a distance of 1576.51 feet to a found 1/2" iron pipe;
THENCE N. 00007,57" W. a distance of 770.21 feet to a set 5/8" iron rod with
cap;
THENCE N. 45011,16" W. a distance of 183.46 feet to a found 1/2" iron pipe;
THENCE N. 83051102" W. a distance of 351.38 feet to a found 1/2" iron pipe;
THENCE N. 02055134" W. a distance of 146.43 feet to a found 1/2" iron pipe;
THENCE N. 87055,43" W. a distance of 211.32 feet to a set 5/8" iron rod with
cap;
THENCE N. 02023,49" W. a distance of 419.27 feet to a point 0.48 feet North
of a found 1/2" iron pipe;
THENCE S. 89047,45" E., along the North line of Section 13, a distance of
3313.54 feet to the POINT OF BEGINNING.
Contract for Exchange of Real Property
EXHIBIT A - Page 2
EXHIBIT B
A 29.268-acre tract of land located in Sections 12, 13, 17, and 18, Block A,
Lubbock County, Texas, being further described as follows:
BEGINNING at a 1/2" rod with cap set which bears N. 00*00108" E., 85.23 feet
and N. 50*11,46" E., 70.54 feet from a 1/2" rod with cap found at the
Southwest corner of Section 12, Block A, Lubbock County, Texas;
THENCE N. 79035,52" E. a distance of 202.70 feet to a 1/2" rod with cap set;
THENCE S. 80032,35" E. a distance of 208.32 feet to a 1/2" rod with cap set'.
THENCE S. 67042,53" E. a distance of 386.12 feet to a 1/2" rod with cap set;
THENCE S. 62*29,30" E. a distance of 241.18 feet to a 1/2" rod with cap set;
THENCE S. 51018,37" E. a distance of 147.95 feet to a 1/2" rod with cap set;
THENCE S. 33023,19" E. a distance of 85.45 feet to a 1/2" rod with cap set;
THENCE S. 20027,25" E. a distance of 87.58 feet to a 1/2" rod with cap set in
the Northwest right-of-way line of Loop 289;
THENCE S. 79054,53" W., along said right-of-way line, a distance of 65.00
feet to a 1/2" rod found;
THENCE S. 78001,53" W., along said right-of-way line, at 229.90 feet pass a
found concrete right-of-way monument, continuing for a total distance of
231.30 feet to a 1/2" rod with cap set;
THENCE S. 69034,53" W., along said right-of-way line, at 201.50 feet pass a
found concrete right-of-way monument, continuing for a total distance of
208.70 feet to a 1/2" rod with cap set;
THENCE Southwesterly, along said right-of-way line, around a curve to the
left, said curve having a radius of 3969.77 feet, a central angle of
11*07,03", and a chord distance of 769.07 feet along a chord bearing of S.
68002,51" W. to a railroad spike set;
THENCE S. 65021,01" W., along said right-of-way line, a distance of 787.90
feet to a 1/2" rod found;
THENCE S. 59019,25" W., along said right-of-way line, a distance of 479.88
feet to a 1/2" rod with cap set;
THENCE Northwesterly around a curve to the right, said curve having a radius
of 294.52 feet, a central angle of 29°03120", and a chord distance of 147.76
feet along a chord bearing of N. 05°02152" W. to a 1/2" rod with cap set;
THENCE N. 18008,32" E. a distance of 103.52 feet to a 1/2" rod with cap set;
THENCE N. 32'48,35" E. a distance of 110.60 feet to a 1/2" rod with cap set;
THENCE N. 48°58,36" E. a distance of 592.38 feet to a 1/2" rod with cap set;
THENCE N. 38°02110" E. a distance of 441.93 feet to a railroad spike set;
THENCE N. 39030,30" E. a distance of 235.63 feet to a 1/2" rod with cap set;
THENCE N. 35058,53" E. a distance of 192.09 feet to a 1/2" rod with cap set';
THENCE N. 50011,46" E. a distance of 127.42 feet to the POINT OF BEGINNING.
Contract for Exchange of Real Property
EXHIBIT B - Page 2
EXHIBIT C
All those certain tracts or parcels of land situated in Lubbock County, Texas,
described in four (4) tracts as follows:
TRACT 1
332.6 acres of land out of Sections one (1) and seventy-seven (77), in Block
A, described by metes and bounds as follows:
BEGINNING at the Southwest corner of Section 1, Block A, Cert. 26, Patent 336,
Lubbock County, Texas, for the Southwest corner of this tract;
THENCE North along the West line of said Section 1, Block A, a distance of
4488.3 feet;
THENCE N. 39016, E. 1022.6 feet cross North line of said Section 1, Block A,
in all 1182.6 feet;
THENCE N. 46054, E. 175.0 feet;
THENCE N. 52*29, E. 166.0 feet;
THENCE S. 22028, E. 372.9 feet cross the North line of Section 1, Block A, in
all 785.0 feet;
THENCE N. 86°19' E. 123.0 feet;
THENCE N. 27'24, E. 420.0 feet cross the North line of Section 1., Block A, in
all 554.4 feet;
THENCE S. 83°18' E. 477.0 feet;
THENCE S. 01'57' W. 63.7 feet cross the North line of Section 1, Block A, in
all 1538.0 feet;
THENCE S. 07010, E. 440.0 feet;
THENCE N. 45°49' E. 520.0 feet;
THENCE S. 25011, E. 275.7 feet;
THENCE S. 40*42, W. 589.0 feet;
THENCE S. 13'101 E. 540.0 feet;
THENCE S. 23'16' E. 571.0 feet;
THENCE S. 29041' E. 450.0 feet;
THENCE S. 52004, E. 324.0 feet;
THENCE S. 29.34, E. 212.0 feet;
THENCE S. 65047, E. 700.0 feet;
THENCE N. 48048, E. 520.0 feet;
THENCE S. 60018, E. 364.3 feet;
THENCE S. 34013, W. 1159.6 feet;
THENCE South 130.0 feet to the South line of Section 1, Block A;
THENCE West 3895.0 feet along the South line of Section 1, Block A, to the
PLACE OF BEGINNING.
CONTAINING 332.6 acres, 329.4 acres out of Section 1, Block A, and 3.2 acres
out of Section 77, Block A.
TRACT 2
81.04 acres of land out of Section three (3), Block 0, Abstract 24, described
by metes and bounds as follows:
BEGINNING at a point 30 feet South of the Northwest corner of Section 3, Block
0, for the Northwest corner of this tract;
THENCE South along the West line of Section 3, Block 0, 466.5 feet;
THENCE S. 87046' E. 804.0 feet;
THENCE S. 50018, E. 298.5 feet;
THENCE S. 31023, E. 398.3 feet;
THENCE S. 22004, W. 228.2 feet;
THENCE East 2365.7 feet to a point for the Southeast corner of this tract;
THENCE North 1237.5 feet to a point for the Northeast corner of this tract,
said point being 30 feet South of the North line of said Section 3, Block 0;
THENCE West 3520.0 feet to the PLACE OF BEGINNING.
Contract for Exchange of Real Property
EXHIBIT C - Page 2
TRACT 3
A part of Section eighty (80), Block A, Abstract 995, described by metes and
bounds as follows:
BEGINNING at the Southeast corner of Section 80, Block A, for the Southeast
corner of this tract;
THENCE West 1645.1 feet along the South line of Section 80, Block A, to its
intersection with the East right of way line of State Highway No. 9;
THENCE in a Northeasterly direction along the said East right of way line of
State Highway No. 9 to its intersection with the East line of Section 80,
Block A;
THENCE, South 1838.9 feet to the PLACE OF BEGINNING.
CONTAINING approximately 22.8 acres.
TRACT 4
A tract of land out of Section seventy-nine (79), Block A, Abstract 331,
described by metes and bounds as follows:
BEGINNING at the Southeast corner of Section 79, Block A, for the Southeast
corner of this tract;
THENCE West 620.0 feet;
THENCE North 659.5 feet;
THENCE West 635.2 feet;
THENCE South 659.5 feet;
THENCE West 40.0 feet;
THENCE North 2640.0 feet to the North line of Section 79, Block A;
THENCE East 1295.2 feet to the East line of Section 79, Block A;
THENCE South 2640.0 feet to the PLACE OF BEGINNING.
CONTAINING 68.88 acres less the following described tract, which is reserved
by the City of Lubbock, Texas:
BEGINNING at the Southeast corner of Section 79, Block A, for the Southeast
corner of this tract;
Contract for Exchange of Real Property
EXHIBIT C - Page 3
THENCE West 208.8 feet;
THENCE North 208.8 feet;
THENCE East 208.8 feet;
THENCE South 208.8 feet to the PLACE OF BEGINNING.
CONTAINING 1.0 acre.
SAVE AND EXCEPT the 7.093 acres contained in the following five (5) tracts of
land previously conveyed to the City in Volume 680, Pages 545-547 of the Deed
Records of Lubbock County, Texas, and more particularly described as follows:
TRACT 5
BEGINNING at an Auto Axle for the Northeast corner of MacKenzie State Park;
THENCE South 01*57, West along the present East property line of MacKenzie
State Park a distance of 1256.84 feet to a point;
THENCE Northwesterly around a curve to the right, the radius point of said
curve bears North 76°36,03.74" East a distance of 1121.44 feet, a distance of
300.43 feet to a point of tangency;
THENCE North 01°571 East a distance of 963.32 feet to a point in the North
property line of MacKenzie State Park;
THENCE South 83°181 East along the North property line of MacKenzie State
Park a distance of 40.14 feet to the POINT OF BEGINNING.
CONTAINING 1.07 acres, more or less.
TRACT 6
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 1766.7 feet South and 215.5 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE North 45*49, East along the East property line of MacKenzie State Park
a distance of 223.3 feet to a point;
THENCE South 25°11' East along the East property line of MacKenzie State Park
a distance of 275.7 feet to a point;
THENCE South 40*42, West along the East property line of MacKenzie State Park
a distance of 381.2 feet to a point;
Contract for Exchange of Real Property
EXHIBIT C - Page 4
THENCE North 11057, East a distance of 64.4 feet to a point of tangency;
THENCE Northwesterly around a curve to the left, the radius of which is 484.84
feet, tangent distance of 226.08 feet, angle of intersection of 500001, curve
length of 423.10 feet, a distance of 329.0 feet to the POINT OF BEGINNING.
CONTAINING 1.65 acres, more -or less.
TRACT 7
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 2611.67 feet South and 180.06 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE South 13*10, East along the East line of MacKenzie State Park a
distance of 227.25 feet to a point;
THENCE South 23*16, East along the East line of MacKenzie State Park a
distance of 571.00 feet to a point;
THENCE South 29*41, East along the East line of MacKenzie State Park a
distance of 186.82 feet to a point;
THENCE North 42*02,49" West a distance of 91.48 feet to the beginning of a
curve to the right having a radius of 590 feet, tangent distance of 97.57
feet, angle of intersection of 18*46,49" and a curve length of 193.40 feet;
THENCE Northwesterly around said curve to the right a distance of 193.40 feet
to the point of tangency;
THENCE North 23*16, West parallel to and 40 feet Southwesterly of the East
line of MacKenzie State Park a distance of 282.8 feet to the beginning of a
curve to the right having a radius of 1149.33 feet, tangent distance of 364.77
feet, angle of intersection of 35013, and a curve length of 706.4 feet;
THENCE Northwesterly around said curve to the right a distance of 430.9 feet
to the POINT OF BEGINNING.
CONTAINING .84 acres, more or less.
TRACT 8
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 4187.17 feet South and 1162.96 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE South 65°471 East along the East property line of MacKenzie State Park
a distance of 557.70 feet to a point in a curve to the right, the origin of
which bears North 07*53,25" East a distance of 991.97 feet;
Contract for Exchange of Real Property
EXHIBIT C - Page 5
0
THENCE along said curve to the right a distance of 565.11 feet to the POINT OF
BEGINNING.
CONTAINING .343 acres, more or less.
TRACT 9
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 4412.05 feet South and 1686.89 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE North 48*48, East along the East property line of MacKenzie State Park
a distance of 509.21 feet to a point;
THENCE South 60°18' East along the East property line of MacKenzie State Park
a distance of 364.3 feet to a point;
THENCE South 34*13, West along the East property line of MacKenzie State Park
a distance of 196.2 feet to a point;
THENCE South 89016, West a distance of 455.72 feet to the beginning of a
curve to the right having an angle of intersection of 24°57', a radius of
991.97 feet, tangent distance of 219.46 feet and a curve length of 431.96
feet;
THENCE Northwesterly around said curve to the right a distance of 171.98 feet
to the POINT OF BEGINNING.
CONTAINING 3.19 acres, more or less.
Contract for Exchange of Real Property
EXHIBIT C - Page 6