HomeMy WebLinkAboutResolution - 3845 - Certificate - Escondido Oil Inc -Drainage Easment - 03_26_1992Resolution No. 3845
March 26, 1992
Item #21
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 said City an instrument entitled,
"Certificate Regarding Exhibit to Drainage Easement" dated January 29, 1992,
which is entered into by and between the City of Lubbock and Escondido Oil,
Inc., 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 26th day of March , 1992.
C. McM N, AYOR
T:
neVte uoya, ulty �ecreta
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City Manager/
Public Safety & Services
APPROVED AS TO� yFORM:
T.J�ofth'Fullingim, A sistant CyLy
At rney
JWF : dw
agenda-D#1/DrainEst.Res
Resolution No.3845
March 26, 1992
Item #21
CERTIFICATE REGARDING EXHIBIT TO DRAINAGE EASEMENT
THIS INSTRUMENT is executed this 29th day of
January , 19 92 , between the CITY OF LUBBOCK, TEXAS, a
home rule municipal corporation ("City") and ESCONDIDO OIL, INC.,
a Texas corporation ("Escondido").
BACKGROUND TO THE AGREEMENT
By that certain Drainage Easement dated October 7, 1987 (the
"Agreement"), executed by SENTRY SAVINGS ASSOCIATION ("Sentry")
and City, recorded in Volume 2655, Page 59, Real Property Records
of Lubbock County, Texas, Sentry granted unto City, its legal
representatives, successors and assigns, for the use of the
public as a perpetual and permanent drainage easement, the free
and uninterrupted use, liberty of passage in, on, along, over,
upon, under and across all of that certain property lying and
situated in Lubbock County, Texas, and being more particularly
described in Exhibit "A" attached hereto and made a part hereof
for all purposes (the "Property"). Subsequent to the date of the
agreement, Escondido has succeeded to ownership of the Property.
By Addendum to Drainage Easement dated August 15, 1991 (the
"Addendum"), and recorded in Volume 3680, Page 33, Real Property
Records of Lubbock County, Texas, City and Escondido amended the
Agreement in certain respects. Paragraph 1 of the Agreement
provides that certain funds are escrowed to be used exclusively
for the development of a park area, which park area is described
as being all of that property contained within the yellow
boundary drawn on an Exhibit "A" attached to and made a part of
the Agreement. However, when the Agreement was filed for record
in the office of the County Clerk of Lubbock County, Texas, the
referenced exhibit was not attached. Accordingly, there has been
and is confusion and ambiguity regarding the area designated as
the park area referred to in Paragraph 1 of the Agreement. In
order to remove such confusion and ambiguity, City and Escondido,
as the owners of all of the property subject to the terms of the
Agreement, desire to place of record a copy of the exhibit.
TERMS OF THE AGREEMENT
Attached to this certificate as Exhibit "A" and made a part
hereof for all purposes is a copy of the preliminary plat of Lots
1 through 124 of West Chase, an Addition to the City of Lubbock,
Lubbock County, Texas, said preliminary plat being a true and
correct copy of the same preliminary plat referenced as Exhibit
"A" in Paragraph 1 of the Agreement. The property designated in
said Paragraph 1 as the designated site for the park area is
outlined and cross -hatched on the attached exhibit, and City and
Escondido hereby certify and affirm that the area so outlined and
cross -hatched is the same area contained within the yellow
boundary drawn on the Exhibit "A" attached to the Agreement.
It is understood and agreed that nothing contained herein
shall be deemed to alter, amend or in any way modify the terms of
the Agreement, as amended by the Addendum, and that the sole
purpose of this instrument is to place of record a copy of the
-2-
Exhibit "A" referenced in Paragraph 1 of the agreement and to
clearly delineate thereon the area designed for park development.
EXECUTED the day and date first above written.
ATTEST:
Rane a Boyd, Vk
City ecretary
APPROVED AS TO CONTENT:
OBERT MASSENGALE,
Assistant City Manager for
Financial Services
APPROVED AS TO FORM:
JOHN C. ROSS, JR.,
City Attorney
1004
J. RTH FULLINGIM,
A . City Attorney
CITY OF LUBBOCK, TEXAS
By:c.
B. C. Mc nn, Mayor
ESCONDIDO OIL, INC.
By:
Se sions, Presi ent
-3-
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrulnent was acknowledged before m
day of md& 19-L�, by B. C.
the City of Lubbock, a municipal corporation,
corporation.
flOTARYP"ti°��
. Sizte of Texas
"` MY Corr,mis;;ien Expires
INGVEMSER 30, 1993
ML��ittI[f��;
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
e on the 07G
McMinn, Mayor of
on behalf of said
— S,-z� 4 LL-a--1
Notary Public, State of Texas
Notary's Name (Printed):
Thi instrument was acknowledged before me on the a -t k-.,
day of 0-,Qj-k CL�' , 19 , by H. A. SESSIONS, President
of ESCOND DO OIL, INC., a Texas corporation, on behalf of said
c cf�o�aoaooc+f�
CC(
`oKATHLEEN WEAVERNatary tubue. State of TexasCwwwfMNw d/bM 1Q71-94 Notary Public, State of Texas
Notary's Name (Printed):
My Commission Expires:
-4-
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PRELMNARY PLAT OF
LOTS . 1 IP2d 12A
WEST CHASE
Am AMT110m TO THE CITY C-41 LWB6oCr,
LUB04XK COLWY, TEXAS
FILL LFZL42ED! DETAIL A—W
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LAW OFFICES OF
Norton Baker
Deborah Brown
Wm. Mark Thompson
Edward R. Smith
(Retired)
BAKERBRowN
&rHOMPSON
A PROFESSIONAL CORPORATION
THE PLAINS NATIONAL BANK BLDG.-FOURTH FLOOR
5010 UNIVERSITY
LUBBOCK, TEXAS 79413
Mr. J. Worth Fullingim
City Attorney's Office
P. O. Box 2000
Lubbock, TX 79457
February 19, 1992
Telephone
(806) 792-1014
Facsimile
(806) 792-0894
RE: Drainage Easement dated October 7, 1987, between Sentry
Savings Association and the City of Lubbock, Texas, as
amended by Addendum to Drainage Easement dated August 15,
1991, between the City of Lubbock, Texas, and Escondido Oil,
Inc.
Dear Worth:
Enclosed are four (4) original copies of a Certificate regarding
the captioned Drainage Easement, each of which has been executed
and acknowledged by H. A. Sessions, President of Escondido Oil,
Inc. This instrument has been revised in accordance with our
recent telephone conversation.
Please proceed to secure approval and execution of this document
by the City of Lubbock. Please return one fully -executed copy to
me. It also is necessary that a copy of the instrument be filed
for record in the Lubbock County Real Property Records. If you
would like to send me a second original copy, I will be happy to
take care of the recording. Otherwise, please see that the
instrument is recorded and please furnish me with a copy of the
recorded instrument.
Your cooperation and assistance are, as always, appreciated.
Sincerely,
Wm. Mark Thompson
WMT:kw
Enclosures
o° ti F ; fvvn rm VOL �383{� PAGE
0 CITY OF LUBBOCK § E" ` k;cy '�-C-W
COUNTY OF LUBBOCK §
STATE OF TEXAS § 497 7 5-
AFFIDAVIT
Before me, the undersigned authority, personally appeared Ranette
Boyd, who, being by me duly sworn, deposed as follows:
My name is Ranette Boyd, I am of sound mind, capable of making this
affidavit, and personally acquainted with the facts herein stated:
I am the custodian of the records of the City Secretary's Office for
the City of Lubbock, Texas. Attached hereto is a copy of Resolution No.
3845, "Certificate Regarding Exhibit to Drainage Easement" between the City
of Lubbock and Escondido Oil from the City of Lubbock Permanent Records.
These records are kept by me as City Secretary in the regular course of
business, and it was in the regular course of business of the City
Secretary of the City of Lubbock, Texas or an employee or representatives
of the City Secretary of the City of Lubbock, Texas, with knowledge of the
act, event, condition, opinion, or diagnosis, recorded to make the record
or to transmit information thereof to be included in such record; and the
record was made at or near the time or reasonably soon thereafter. The
records attached hereto are the original or exact duplicates of the
original.
t
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared Ranette Boyd, known to me to
be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
(Seal)
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31st day of March, 1992.
z. Jll l cam. z-
ary Publ i c, S
to f e
My Commission Expires: 04/03/95
1
a
Resolution No. 3845
March 26, 1992
fi Item #21
i.
va 2830 PAGE 2
'i RESOLUTION
�I
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of said City an instrument entitled,
"Certificate Regarding Exhibit to Drainage Easement" dated January 29, 1992,
which is entered into by and between the City of Lubbock and Escondido Oil,
Inc., 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.
i
Passed by the City Council this 26th day of March 1992.
6. -C. McMI N, MAYOR
+, ane to Boyd, City Secretar
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City Manager/
i' Public Safety & Services
i;
APPROVED AS TO FORM:
� 1. U# 1�* dru—�
J. ort u ingim, A sistant C y
At rney
JWF : dw
agenda-D#1/DrainEst.Res
Resolution No. 3845
March 26, 1992
Item #21
VOL �83� PasF :3
CERTIFICATE REGARDING EXHIBIT TO DRAINAGE EASEMENT
THIS INSTRUMENT is executed this 29th day of
January , 19 92 , between the CITY OF LUBBOCK, TEXAS, a
home rule municipal corporation ("City") and ESCONDIDO OIL, INC.,
a Texas corporation ("Escondido").
BACKGROUND TO THE AGREEMENT
By that certain Drainage Easement dated October 7, 1987 (the
"Agreement"), executed by SENTRY SAVINGS ASSOCIATION ("Sentry")
and City, recorded in Volume 2655, Page 59, Real Property Records
of Lubbock County, Texas, Sentry granted unto City, its legal
representatives, successors and assigns, for the use of the
public as a perpetual and permanent drainage easement, the free
and uninterrupted use, liberty of passage in, on, along, over,
upon, under and across all of that certain property lying and
situated in Lubbock County, Texas, and being more particularly
described in Exhibit "A" attached hereto and made a part hereof
for all purposes (the "Property"). Subsequent to the date of the
agreement, Escondido has succeeded to ownership of the Property.
By Addendum to Drainage Easement dated August 15, 1991 (the
"Addendum"), and recorded in Volume 3680, Page 33, Real Property
Records of Lubbock County, Texas, City and Escondido amended the
Agreement in certain respects. Paragraph 1 of the Agreement
provides that certain funds are escrowed to be used exclusively
for the development of a park area, which park area is described
as being all of that property contained within the yellow
VOL 1830 PAGE 4
boundary drawn on an Exhibit "A" attached to and made a part of
the Agreement. However, when the Agreement was filed for record
in the office of the County Clerk of Lubbock County, Texas, the
referenced exhibit was not attached. Accordingly, there has been
and is confusion and ambiguity regarding the area designated as
the park area referred to in Paragraph 1 of the Agreement. In
order to remove such confusion and ambiguity, City and Escondido,
as the owners of all of the property subject to the terms of the
Agreement, desire to place of record a copy of the exhibit.
TERMS OF THE AGREEMENT
Attached to this certificate as Exhibit "A" and made a part
hereof for all purposes is a copy of the preliminary plat of Lots
1 through 124 of West Chase, an Addition to the City of Lubbock,
Lubbock County, Texas, said preliminary plat being a true and
correct copy of the same preliminary plat referenced as Exhibit
"A" in Paragraph 1 of the Agreement. The property designated in
said Paragraph 1 as the designated site for the park area is
outlined and cross -hatched on the attached exhibit, and City and
Escondido hereby certify and affirm that the area so outlined and
cross -hatched is the same area contained within the yellow
boundary drawn on the Exhibit "A" attached to the Agreement.
It is understood and agreed that nothing contained herein
shall be deemed to alter, amend or in any way modify the terms of
the Agreement, as amended by the Addendum, and that the sole
purpose of this instrument is to place of record a copy of the
-2-
VOL 38M PAGE rJ
Exhibit "A" referenced in Paragraph 1 of the agreement and to
clearly delineate thereon the area designed for park development.
EXECUTED the day and date first above written.
'SEAL
ATTEST:
Ra tte Boyd,
Ci Secretary
APPROVED AS TO CONTENT:
ono-ac--t
OBERT MASSENGALE,
Assistant City Manager for
Financial Services
APPROVED AS TO FORM:
JOHN C. ROSS, JR.,
City Attorney
OPW
J/. /WORTH FULLINGIM,
t. City Attorney
CITY OF LUBBOCK, TEXAS
ByCft C.Z.?*
13. C. McMinn, Mayor
ESCONDIDO OIL, INC.
By:
6zo,
IRY. A. Sess10 s, President
-3-
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This i�njj tru ent was acknowledged before m
day of AI , 19��, by B. C.
the City of Lubbock, a municipal corporation,
corporation.
VOL .`�830 PAGE
Al-e on the G 4'
McMinn, Mayor of
on behalf of said
OLIVIA R. SOLIS L4-
piles NOTAPY PUBLIC. State of TexasMY Comn:is.wn ExNota Public, State of Texas
NOVEMBER 30, 1993 Notary's Name (Printed) :
7lJY.i'^-/✓.�liCirl1l ^l..CJ'r�pl✓.,.i,.Cl�
My Commission Expires:
SEAL
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This 'nstrument was acknowledged before me on the
day of "(c-v , 19�, by H. A. SESSIONS, President
of ESCONDI O OIL, IN ., a Texas corporation, on behalf of said
corporation.
!O.►P� Fla
Oo KATFREEN WEAVER
pelary ►y1111t. Ste» of Team
M3 G VgMes 10.31-94
My Commission Expires:
Notary Public, State of Texas
Notary's Name (Printed):
SEAL.
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STATE OF TEXAS
COUNTY OF LUBBOCK
1 hereby certffy that this Instrument was HIED on the
date and at the tkrne stamped hereon by me and was dWtr
RECORDED in the Volume and Pageof � l i
Records of Lubbock County, Pa