HomeMy WebLinkAboutResolution - 2025-R0333 - MOU, Sprague J. Fleming, Jr, Deed, Section 34, Block AK, Lbk Co, Parcel 3 - 07/22/2025Resolution No. 2025-R0333
Item No. 6.7
July 22, 2025
RESOLUTION
BE IT RESOLVED BY 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 Lubbock the associated street, public use, and right-of-way deed in connection with
certain real property located in Section 34, Block AK, Lubbock County, Texas (3), to be utilized
for the 66`" Street Expansion and all related documents. Said MOA and deed are attached hereto
and incorporated in this Resolution 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. MCBRAYE , MAYOR
A TEST:
Courtney Yaz, City Sccrctary
APPROVEll AS TO CONTENT:
of Engineering/City Engineer
APPROVED AS 'I'O FOItM:
elli Leisure, Scnior Assistant City Attorney
Ccdocs:llRes. MOA and Strcet and ROW Dced — Sec 34 I31k AK G6'h St Project (Parcel 3)
7.1.25
Resolution No. 2025-R0333
MEMORANDUM OF AGREEMENT
Sprague J. Fleming, Jr.
5738 62"d Street
Lubbock, TX 79424
Project ID: 92818
County: Lubbock
Project: 66`� Street Expansion
Parcel: 03
Sprague J. Fleming, Jr., referred to in this Memorandum as "Grantor" (whether one or more) agrees
to grant Ciry of Lubbock, Texas, referred to as "Grantee," fee simple title to 0.276 acres of land in
the Section 34, Abstract No. 243, located at 7804 b6'h Street, Lubbock County, Texas, and more
particularly described in the attached Exhibit "A".
IT IS AGREED that the total consideration for the execution of a Street, Public Use and Right of
Way Deed (the "Conveyance Instrument") is EIGHTEEN-THOUSAND THIRTY-THREE
DOLLARS and 84/l00 ($18,033.84) (the "Just Compensation"); provided, however, that the
Grantor acknowtedges and understands that t6e Just Compensation is subject to tlnal
approval by Lubbock's City Council (such approval to be made in the City's Council's sole
discretion) and further subject to approval of title.
IT IS FURTHER AGREED, and Grantor further acknowledges and understands that the Just
Compensation includes LAND COMPENSATION EIGHTEEN-THOUSAND THIRTY-
THREE DOLLARS and 84/100 ($18,033.84) for the land and damages, if any {the "Land
Compensation"), and further includes IMPROVEMENTS COMPENSATION — ZERO
DOLLARS and no/100 {$0.00) for the improvements (the "Improvements Compensation"), to
equal a total of EIGHTEEN-THOUSAND THIRTY-THREE DOLLARS and 84/100
($18,033.84)}. The Improvements Compensation is detailed further below.
IT IS FUTHER AGREED that, the Improvements Compensation, if any, to be paid to Grantor
shall include compensation for the improvements located within the proposed acquisition area as
follows:
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 Parcel and compensation for the improvements located within the proposed
acquisition area pursuant to the terms of this Memorandum and the Conveyance tnstrument.
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
IT IS FURTHER AGREED that Grantor shall retain the followin�; improvements (such
improvements are refecred to herein as the "Retained Improvements" whether one or more):
N rA
Grantor covenants and agrees to remove the Retained Improvements from the Aroperty no later
than thirty (30) days after closing, subject to such extensions of time as may be l;ranted by Grantee
in writinb, such extensions shall be made in Grantee's sole discretion. tf Grantor fails, for any
reason, to remove the Retained lmprovements within the time prescribed herein, title to all or part
of such Retained improvements shaU pass to and vest in Grantee, its successors and assibns
forever, without further consideration paid to Grantor.
Grantor acknowledbes the offer and sufficiency of the Just Compensation for the offer above and
acknowledges 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 Agreement and the
Conveyance Instrument constitute the only abreements between the parties and no other promises,
considerations, covenants or conditions have been stated or implied. Grantor a�rees to work with
Parkhiil 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, during the initial construction of the Project, the followinb special
provisions shall apply:
aio� ��p�'�C %e.cc-� 1.
ql�
{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 confinns receipt of the following:
1. Copy of The State of Texas Landowner's Bill of Rights;
2. Ribht of Entry Agreement signed by Grantor;
3. Initial Offer Letter from the City of Lubbock;
4. Proposed Conveyance [nstrument from the City of Lubbock;
5. Appraisal Report andlor Market Study Report prepared by Robert W. Striblinb,
MAI and L. Dakota Armbruster of Stribling-Probandt Appraisals, LLC dated
December 15, 2024; and
6. Survey Plat and Legal Description of Parcel No. 03.
Memorandum of Agreement Ver. 05.20.2025
SIGNED with and as a part of the overall abreements between the parties on this 22nd, � day of
July 20: 2�` .
GRANTEE — CITY OF LUBBOCK,
TEXAS, A HOME RULE MUNICIPAL
CORPORA ION:
MARK W. MCBRAYER, YOR
TTEST:
URTNEY PAZ, CITY SECRETARY
APPROVED AS TO CONTENT:
�N TURPI]V,-�1}1IS�N DIRECTOR
ENGINEERINC�rC Y ENGINEER
APPROVED AS TO FORM:
ELLI L S RE, SENIOR ASSISTANT
CITY ATTORNEY
Memorandum of Agreement Ver. 05.20.2025
GRANTOR(S):
Bv• � ��-=�
:�
Printed Name: � �an, a J ri e� :,� . IK
Title:
Date• ��5����5
�.
By:
Printed Name:
Title:
Date•
Memorandum of Agreement Ver. 05.20.2025
Resolution No. 2025-R0333
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER.
66th Street Expansion
Parcel No. 03
7804 66"' St., Lubbock, TX 79407
5.15 acres out of Section 34, Block AK
CITY OF LUBBOCK
STREET. PUBLIC USE AND RIGHT OF WAY DEED
THE STATE OF TEXAS
COUNTY OF LUBBOCK
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT SPRAGUE J. FLEMII�IG, Jr., herein called "GRANTOR", for and in
consideration of the sum of TEN AND NO/ 100 {$10.00) DOLLARS and other good and valuab le
consideration, to them in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Ruie
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 followmg 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 pretnises, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the said public forever so long as
said premises are used for public street purposes.
[SIGNATURES APPEAR ON THE FOLLOWING PAGEj
Strect, Public Use and Right of Way Deed Ver. 8.10.23
WITNESS MY HAND this � day of � , 2025
GRANTOR:
SPRAGUE J. FLEMING, Jr.
Spra e J. e ng, Jr.
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowled�ed before me on the 1"� day of 2025
by Sprague J. Fleming, Jr. The acknowledging person personally appeared by:
hysically 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.
�_ s�� . -
���""''� RUSSELL EADS NOTARY PUBLIC, STATE OF TEXAS
i°��r �`¢fii Notery Public, State ot T�xaa
:°�'�'�c Comm. Expirea 12-20�2�27
%'""'+� M Commission Ex ires• ��� 0��
'•�O'`�'`� Notsry (0 12549099� Y p • .� �
ouin��•
Grantee's Address:
City of Lubbock
1314 Avenue K, 7`h Floor
Lubbock, TX 7940 !
51n�t, Public Ux arui Rlghi of Way Dccd Vrr. x.1U.23
Parkh i I I
EXHIBIT A
"TRACT 3"
A 0.276-ACRE RIGHT-OF-WAY TRACT IN
SECTION 34, BLOCK AK,
LUBBOCK COUNTY, TEXAS
A 0.276-acre (12,010-square foot) right-of-way tract in Section 34, Block AK, Lubbock County, Texas, being a portion of that
certain 5.15-acre tract of land conveyed to Sprague James Fleming, Jr. described in a deed recorded in Volume 7889, Page
344 of the Real Property Records of Lubbock County, Texas, said 0.276-acre tract being further described by metes and
bounds as follows:
BEGINNING at a point in the south line of said Section 34, at the southwest corner of said parent tract, for the southwest
corner ofthis tract, said beginning point having coordinates of NORTHING: 7,258,787.51 and EASTING: 905,165.94, Texas
CoordinateSystem, North Central Zone4202, North American Datum of 1983, whencea railroad spikefound atthe southwest
corner of said Section 34 bears North 88 degrees 09 minutes 36 seconds West a distance of 456.71 feet;
(1) THENCE North 01 degrees 50 minutes 24 seconds East, along thewest lineofsaid parenttract, a distance of 56.67 feet to
a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set for the northwest corner of this tract;
(2) THENCE South 85 degrees 17 minutes 48 seconds East a distance of 36.49 feet to a 1/2-inch iron rod with a plastic cap
marked "PARKHILL RPLS 6453" set at a point of intersection for a corner of this tract;
(3) THENCE South 88 degrees 09 minutes 33 seconds East a distance of 181.91 feet to a 1/2-inch iron rod with a plastic cap
marked "PARKHILL RPLS 6453" set in the east line of said parent tract for the northeast corner of this tract;
(4) THENCE South 01 degrees 50 minutes 24 seconds West a distance of 54.85 feet to a point in the south line of said
Section 34 at the southeastcorner ofsaid parent tract for the southeast corner of this tract, whence a railroad spike found at
the southeast corner of said Section 34 bears Soufh 88 degrees 09 minutes 36 seconds East a distance of 4608.80 feet;
(5) THENCE North 88 degrees 09 minutes 36 seconds West, along thesouth lineofsaid Section 34and the south line of said
parent tract, a distance of 218.35 feet to the POINT OF BEGINNING. Bearings called in this description are based on the
Texas CoordinateSystem, North Central Zone4202, North American Datum of 1983. Distances called in this description are
at surface. Areas reported hereon are based on calculations made from surface distances. This survey is subject to any facts
which may be disclosed by a full and accurate title search. Record documents other than those shown may affect this tract.
Surveyed on the ground: December 30, 2024
Signed: January 22, 2025 �
� ��
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I
Samuel Wyatt
R.P.L.S. 6453
Page 1 of 1
O F, j.
SAMUEL WYATT
, t � 6453 .�
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�pr, S U Rv,�
Texas Registered Surveying Firm # 10194091
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