The URL can be used to link to this page

Home My WebLink AboutResolution - 2025-R0332 - MOU, Byron & Mitzi Mcentire, Deed, Section 34, Block AK, Lbk Co Parcel 10 - 07/22/2025Resolution No. 2025-R0332 Item No. 6.6 July 22, 2025 RESOLUTION BE IT RESOI,VF.I)13Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Memorandum of Agreement (MOA) and accept for and on behalf of the City of I,ubbock the associated street, public use, and right-of-way deed in connection with certain real property locatcd in Section 34, Block AK, Lubbock County, Texas (10), to be utilized for the 66`h Strect 1?xpansion and all related documents. Said MOA and deed are attached hereto and incorporated ir� this Rcsolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on July 22, 2025 _�� MARK W. MCBRAYER, M OR EST: Courtncy Yar, City Sccrctary APPROVED AS '1'O CON'TENT: on i�r�clor of Engineering/City Engineer APPROVI+;ll AS TO FO1ZM: i Leisure, Senior �lssistant City Attorney Ccdocs:llRes. MOA and Strecl and ROW Deed Sec 34 I31k AK 66'h St Pr�ject (Parcel 10) 7.2.25 Resolution No. 2025-R0332 MEM4RANDUM OF ACREEMENT Byron and Mitzi McEntire P.O. Box 54052 Lubbock, TX 79453 Project ID: 92818 County: Lubbock Project: b6'h Street Expansion Parcel: 10 BYRON MCENTIRE AND MITZI MCENTIRE, referred to in this Memorandum as "Grantor", agrees to grant City of Lubbock, Texas, referred to as "Grantee," fee simple title to 0.086 acres of land in the Section 34, Abstract No. 243, located at 7524 66'h Street, Lubbock County, Texas, and more particularly described in the attached Exhibit "A". IT IS AGREED that the consideration for the execution of a Street, Public Use and Right of Way Deed (the "Conveyance Instrument") is FIVE-THOUSAND SIX-HUNDRED NINETEEN DOLLARS and 24/100 ($5,619.24) (the "Just Compensation"); provided, however, that the Grantor acknowledges and understands that the Just Compensation is sub,ject to finat approval by Lubbock's City Council (such approval to be made in the City's Council's sole discretion} and further sub,ject to approval of title. IT IS FURTHER AGREED, and Grantor further acknowledges and understands that the Just Compensation includes LAND COMPENSATION •- FIVE-THOUSAND SIX-HUNDRED NINETEEN DOLLARS and 24/100 ($5,619.24) for the land and damages, if any (the "Land Compensation"), and further includes IMPROVEMENTS COMPENSATION — ZERO DOLLARS and no/lOQ ($0.00) for the improvements (the "Improvements Compensation"), to equal a total of FIVE-THOUSAND SIX-HUNDRED NINETEEN DOLLARS and 24/100 ($5,619.24) The Improvements Compensation is detailed further below. IT IS FUTHER AGREED that, the Tmprovements Compensation, if any, to be paid to Grantor shal! include compensation for the improvements located within the proposed acquisition area as follows: 1. N/A $0.00 IT IS FURTHER AGREED that the Just Compensation is the total sum being paid to Grantor for the conveyance of the Parce! and compensation for the improvements located within the proposed acquisition area pursuant to the terms of this Memorandum and the Conveyance Instrument. IT IS FURTHER AGREED that the Just Compensation represents a settlement and compromise by the Grantor and Grantee as to the value of the property conveyed in the Conveyance Instrument in order to avoid formal eminent domain proceedings and the added expense of litigation. Memorandum of Agreement Ver. 05.20.2025 1T IS FURTHER AGREED that Grantor shall retain the followinb improvements (such improvements are referred to herein as the "Retained Improvements" whether one or rnore): NIA Grantor covenants and ab�rees to remove the Retained Improvements from the Property no later than thirty (30) days after closinb, subject to such extensions of time as may be granted by Grantee in writing, such extensions shall be made in Grantee's sole discretion. lf Grantor fails, for any reason, to remove the Retained Improvements within the time prescribed herein, title to all or part of such Retained Improvements shall pass to and vest in Grantee, its successors and assi�ns forever, without further consideration paid to Grantor. Grantor acknowledges the offer and sufficiency of the Just Compensation for the offer above and acknowledbes that Grantee will not perform any work to relocate, rebuild or install any improvements in the area agreed upon. The Just Compensation referenced above, the terms of this Memorandum of Abreement and the Conveyance lnstrument constitute the only abreements between the parties and no other promises, considerations, covenants or conditions have been stated or implied. Grantor agrees to work with Parkhill prior to closin� and obtain any lien releases required for issuance of a title policy or clear title as requested by Grantee. iT IS FURTHER AGREED that, durinb the initial construction ofthe Project, the followinb special provisions shall apply: (collectively "Construction Special Provisions"}. IT IS FURTHER UNDERSTOOD AND AGREED that Grantee's failure to comply with the Construction Special Provisions shall not be deemed a termination of rights branted to Grantee under the Conveyance Instrument. Grantor confirms receipt of the followinb: 1. Copy of The State of Texas Landowner's Bill of Rights; 2. Right of Entry Abreement sibned by Grantor; 3. Initial Offer Letter from the City of Lubbock; 4. Final Offer Letter from the City of Lubbock; 5. Proposed Conveyance Instrument from the City of Lubbock; 6. Appraisal Report andlor Market Study Report prepared by Robert W. Stribling, MA! and L. Dakota Armbruster of Stribling-Probandt Appraisals, LLC dated December I5, 2024; and 7. Survey Plat and Lega) Description of Parcel No. 10. Memorandum of Agreement Ver. 05.20.2025 GRANTOR(S): By: C PrInted : �� e Title: Date: � � �-� �`+ - - By: n Printed Name• �1�y}�_�1 ��`�a i`� Title: Date• lo S Memorandum of A�,�reement Ver. 05.20.2025 StGNED with and as a part of the overall agreements between the parties on this 22nd day of _ Jul� 2p25 , GRANTEE — CITY OF LUBBOCK, TEXAS, A HOME RULE MUNICIPAL CQRPORATION: ARK W. MCBRAYER, AYOR ATTEST: RTNEY PAZ, CI SECRETARY APPROVED AS TO CONTENT: �N TURPIN, [V DIRECTOR ENGINEERIN t ENGINEER APPROVED AS TO FORM: r � K LLI LEISURE, SENIOR ASSISTANT CiTY ATTORNEY Memorandum of Agreement Ver. 05.20.2025 WITNESS MY HAND this � day of : , 2025 GRANTOR: BYRON McENTIRE � ,�/ -�-� � �1�_ L : �-�--,,,' - GRANTOR: MITZI McENT[RE �� , Mitzi cEntire ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the �� day of ('! � , 2025 by Byron McEntire. The acknowledging person personally appeared by: ❑ physically appearing before me. ❑ appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Government Code chapter 406, subchapter C. `"'��""' RUSSELL EADS � � - �:°�� _Notery Public, steto ot Texsa NOTARY .PUBLIC, STATE OF � jC� � ;°�••. '.�� Comm. Exp(res 12-20-2027 ''a,°;,u+� Notary ID 125490994 My Commission Expires: � � , �13 � �.l� � � STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the �Z day of �► , 2025 by Mitzi McEntire. The acknowledging person personally appeared by: ❑ physically appearing before me. ❑ appearing by an interactive two-way audio and video communication that meets the reyuirements for online notarization under Texas Government Code chapter 406, subchapter C. ,�`"vo''�., RUSSELL EADS .� ��' �e� ;i :�;:�: Notery Public, State of Texas ;". ��; Comm. Expires 12-20-2027 , •..... +: �'��,°;,;��' Notary ID 125490994 Grantee's Address: City of Lubbock 1314 Avenue K, 7`h Floor Lubbock, TX 79401 NOTARY PU LIC, STATE OF 1��w �_ My Commission Expires: I o� • /� � � �i � � � Street, Public Use and Righl of Way Deed Ver. 8 10.23 Parkhill EXHIBIT A "TRACT 10" A 0.086-ACRE RI(3HTAF-WAY TRACT IN SECTION 34, BLOCK AK, LUBBOCK COUNTY, TEXAS A 0.086acre (3,755- square foot) right-of-way tract in Sectlon 34, Block AK, lubbock County, Texas, being a portion of that certain tractotland conveyedto Byron and Mitzi McEntlre, described in a correction warranty deed recorded in Volume 4729, Page 310 of the Real Pro perty Records otLubbock County, Texas, said 0.086acre tract being further described by metes and bounds as follows: BEGINNING ata point in the south line of said Section 34, atthe southeast corner of a tractof land conveyed to Alfredo Lomeli and Prisma Brito-Deanda, described in a deed recorded in County Clerk's File Number 2022004986 of the Official Public Records of Lubbock County, Texas, tor the southwestcorner of this tract, said beginning point having coordinates of NORTHING: 7,258,733.74 and EASTING: 906,839.72, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence a raflroad spike tound at the southwest corner of said Sectlon 34 bears North 88 degrees 09 m6rutes 36 seconds West a distance of 2131.76 feet; (1) THENCE Nath 01 degrees 50 minutes 24 seconds East, along the east line of said Lomeli and Brito-Deanda tract, a distance of 52.29 feet to a 1R-inch iron rod with a plastic cap marked "PARKHILL RPLS6453" setfor the northwestcorner of this trac� (2) THENCE South 88 degrees 12 minutes 14 seconds East a distance of 71.77 feetto a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the east Iine of said parent tract for the northeast corner of this trac� (S) THENCE South 01 degrees 50 minutes 24 seconds West a distance of 52.35 feet to a point in the south line of said Section 34 at U�e southeastcornerofsaid parenttract for the southeastcorner ofthis hact, whence a railroad spike found at the southeast corner of said Section 34 bears Soutf► 88 degrees 08 mb�utes 36 seconds East a distance of 3080.33 feet; (4) THENCE North 88 degrees 09 morutes 36 secon�s West, along the south lineofsaid Section 34and the south line of said parenttract, a distance of71.77 feet to the POINT OF BEGINNING. Bearings called in this descriptbn are based on the Texas Coordinate System, North Central Zone 4202, North American Datum of 1983. Distances called in th is descripUon are at surface. Areas reported hereon are based on calculations made hom surface distances. This survey is subject bo any facLs which may be disclosed by a full and accurate title search. Record documents other than those shown may affect this Vact Surveyed on the ground. December 30, 2024 Signed January 22, 2025 � � �Q�P�G� S7F�� SAMUEL WYATT Samuel Wyatt ��•�6453 � � R.P.I.S. 6453 •'Y,�,_ �SS�� Page 1 of 1 Texas Registered Surveying Firm # 10194091 ParkAUl.com Street, Public Use and Right of Way Deed Ver. 8.10.23 � U � � Z V � W V Q �M W 0 � Q sti� �6d roso� •io� ��OJj' �'j WOI�/� :aaaun�� Y � � Q`N" YH' U a O � � n m Z � � M � V/ W,A VI > > OO U U � � m � = a J y � � � � ] � b o �; � U �' U o� m �= o; ;_ 7 �' a�p � � O � Z \ a � b O � H U � �� w � � � o �8ti�tioa�oz N�� stiop /o�n� �g puo/o� :aa�uoi� Ol£' '6d '6ZL4 'l�il 8J/ j U3� j�l /Z�l j�l 7p UOl�g :2B) UDJ� I � � c Q oh o � �� ° � �c v� m '�' o "o �_ o � �nn Iv I� a � U u ID c I '� s I_ O N r � � QO �m� � vN hV v v� J � J � I N� "� 3,4i t :, ui �i O � M � o� h y c' ".. C'v I o� ��° og I N�zN 0 N � y� o mV I� �U _w 3 �. �- I� o .c M 1� � � ^ c � I� .c •a � . ^ � b r ' 00 �m O�p ry o (n Z NI ��•�j �b p , �o � �� LJ n a�^"' N� � ]N � ��µ N Q�n�+ �NQ o� ti�NR v00 Nap� o3q a =q C�,��-'N I:n �^o uh~ � Fa p `� �� o� u1p,E ; U C9amN � 24i o�,t�".j ' a, oZ Z �co Q)c . `� � � 3 2 I QQV � �a '+�+'C �a 3 'a/1 b' �� a� ur � Pl .� M � � �__— � �• h b y $� a� b � a�. N o� � o� �C �u { N�� o�=' ��m a o �e om° �m o �� 3 op t ° �� y O � QF� ,��o o�., 3 ,c � Qua 4�t q�` �o° r 0 N� "�i N CN � O c o� �m C �h 0 �m�c e�m$ oo o y �o�� ,07 yt � � N on� m� Gp � p b O .�, j O o�yE tV�y ir�� oo�o NZ �` y � :� °u d ` �' '� o o � � � h � C a �n a � .` N $ q Q °� °' V ° cq � m k!� b v, m�ot r� 'I�j �' ��. p'�' � � � � - �t, . .��Q-O a � ,� V' ��' C` li ti� �� N � �� N � .; �� j�� N � . S� �,'Yb�S N �a�r.. �.:;.. �� M � � 3b �� J � oa h� y t � C � p L 0 o t V N a� o o �� c o y v �� a �� H; o o � Z � _h Foo H" rE Q, up �r tP2 H°� yC C t"� `.� �'+o h O3 , � �' a'` � a 't�' `�w�, bay.e°. � u � � D � q � q � �a p d�„ � O � y .. y..o=y' N� ., � w � `- � ° d o� o � � �QE �� a � � � u ho3D �„ �� o M � t Q c � � b C _ou,n o o� '� j �:t3 uo F•�a�i `oo, qo Y ��uoE oa y o°Q ot �cu No �o£l �a�°c°�o° �o Street. Public Use and Right of Way Deed Ver. 8.1023 Resolution No. 2025-R0332 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YDU MAYREMOVE OR STRIKEANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS tNSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 66th Street Expansion Parcet No.10 75Z4 66t° St., Lubbock, TX 79407 2.49 acres out of Section 3A, Block AK CITY OF LUBBOCK STREET. PUBLIC USE AND RIGHT QF WAY DEED THE STATE OF TEXAS COUNTY OF LUBBOCK § § § KNOW ALL MEN BY THESE PRESENTS: THAT BYRON AND MITZI McENTIRE, herein called "GRANTOR", for and in consideration of the surn of TEN AND NO/100 {$10.00) DOLLARS and other good and valuable consideration, to them in hand paid by the CI1'Y OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, Grantor does hereby grant, sell, and convey to Grantee for public use forever and for street right-of-way and utility purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A". GRANTOR agrees to grant the property described in Exhibit "A" and releases the City of Lubbock from the obligation of obtaining an appraisal under Chapter 21 of the Texas Property Code. TO HAVE AND TO HOLD this above-described premises, together with all and singular the rights and appurtenances thereto in anywise beZonging unto the said public forever so long as said premises are useci for public street purposes. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Strcet, Public Use and Right of Way Deed Ver. 8.10.23 I � I� A �, � ; � � �� I 0 °�'� .� a � � •� u A � I � � � �O � � I �WMI� +, % � � � � � � � � � � I � � ,b a�o�� w p �+ I G� � O � � ~ �I a� I"C� � oa� � L I a I � i � '• ' � � 1 � �� +u � • � • ` � t � � � V i �� `_� � � �� . .. _ � y � . � _ �Ad I1�dSI1�dM s � c, _ � , .� � � d � ��i �� ,�'�a � � , � �' } . � ,�. � r,y .��. r � �' � ��- �—� �,.� �'' � ,_ �, � � � �.�•+. � �� . �,.�w� -�..i-:� �{�: : � � . _ .., .-�.�� .ri�' � .�• .� �'yii,'�l�,�+�yr -� � �v1!�,�� ,�Ar • r - :�� ._�_ . .a . 'I - . :�: r � �� ' 1 . � _ ., � ' 1'"1�� J'"i'6'4�I � A ~� `i� '��. �j Sl�w�7 �l��V r � �a y. }. ::i =�'`�'� �i'�"Ak��ti. �,� ; .+ � }� �� =� �" � � .�. —� .. .... . — . � � /r �n�aT�ini� ;� � .. ' '. 1 � ,. T�� 4 . � � v.��... {P�' 'LV N1k � �3 � � u = �i �. . � �� k+r �} .��, �� :avnwu� .3iiY_s�1Ko � f� �,� i �rs - ict�rii"i� � �T t �.: ' :� � t'--`gx � � � * •'�:+,. !Frs' r _ ' i't`°.; �,� ' { - f. �.: � � '� 3� �.,:. . " � rr �� ,, +r� . e �. , �= fw :�'�'4 � d.' i 3 '�4�; � - _. �� Q� s � �_�; � y �� -� ` �,a '�'' . � _� . 0 0 ^ `� '�� °- � e� ��`� ;�,' p ��'`� � ,��,... _ �, . �� `� " e; ' � ' Q � . �. - .__ � 3Ad b�IN�X � � ��`�� ~��_ ►��' `��`',��.. F r , ;ff Dr �� ,� � C 1.� Z J�'� f1 � w