HomeMy WebLinkAboutOrdinance - 8941-1986 - Ordinance 8941 Abandoning/Closing Park Property In Guadalupe And Mullins - 07/10/1986HW:js
file Ancl Return To
tom Nivens R-O·W First Reading
June 26, 1986
Agenda Item #35
Second Reading
July 10, 1986
Agenda Item #13
ORDINANCE NO. 8941 -----
AN ORDINANCE ABANDONING AND CLOSING PUBLIC PARK PROPERTY IN THE
GUADALUPE AND MULLINS ADDITIONS TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS; AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF LUBBOCK TO
EXECUTE FOR AND ON BEHALF OF THE CITY A DEED AND RELATED FORMS CONVEYING
SAID PROPERTY TO THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA-
TION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council has been advised by the Texas Department of
Highways and Public Transportation that the public park property herein-
after described is necessary for the construction of Interstate Highway 27;
and
WHEREAS, the City Council finds it would be in the public interest to
close, vacate and abandon the same for public park purposes; and
WHEREAS, the City Council finds it would further be in the public
interest to authorize and direct the Mayor of the City of lubbock to
execute for and on behalf of the City a Deed and related forms conveying
said abandoned property to the Texas Department of Highways and Public
Transportation; and
WHEREAS, the City Council may convey the hereinafter described
property pursuant to Article 6674w-3, Vernon's Annotated Civil Statutes;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the public park property hereinafter described shall
BE and the same is hereby closed, vacated and abandoned for public park
purposes and for public use:
BEING 50,120.26 square feet of land, more or less, out of and being a
part of that certain tract of land situated in the City of lubbock,
lubbock County, Texas, and being out of lot 2, Block 22, Guadalupe
Addition, according to a map or plat of said Addition recorded in
Volume 1399, Page 508 of the Deed Records of lubbock County, Texas,
and lots 2, 3 and 4, Mullins Addition, according to maps or plats of
said Addition recorded in Volume 727, Page 698 (lot 2), Volume 893,
Page 256 (lot 3) and Volume 1265, Page 315 (lot 4); said lot 2 in
Block 22, Guadalupe Addition, being the same property described in a
Joint Dedication Deed to be dedicated as property for public use from
the Urban Renewal Agency of the City of lubbock, lubbock County,
Texas, to the City of lubbock, Texas, and the Urban Renewal Agency of
the City of lubbock, lubbock County, Texas, dated July 11, 1974,
recorded in Volume 1399, Page 508 of the Deed Records of lubbock
County, ~xas; said lots 2, 3, and 4, Mullins Addition, being the same
property described in a Certified Copy of Judgment from James D. Key
and Faye Johnson, et al, to the City of Lubbock, Texas, dated January
19, 1973, recorded in Volume 1331, Page 830 of the Deed Records of
Lubbock County, Texas, said property to be for public use, said
50,120.26 square feet of land, more or less, being more particularly
described as follows:
BEGINNING at point being the Northwest corner of said parcel and in
the North line of said Lot 2, Mullins Addition, and being 378.85 feet
North 80°19'25" East of the most Northwesterly corner of Lot 2,
Mullins Addition;
THENCE North 80°19'25" East a distance of 91.80 feet to a point on the
existing West right-of-way line of North Avenue H, said point being
the Northeast corner of said Lot 2, Mullins Addition;
THENCE South 02°22'25" West along the existing West right-of-way line
of North Avenue H, a distance of 565.85 feet to the South section line
of Section 80, Block A;
THENCE South 02°21'01" West along the existing West right-of-way line
of North Avenue H, a distance of 92.90 feet to a point on the East
line of said Lot 2, Block 22, Guadalupe Addition;
THENCE North 26°25'45" West a distance of 108.00 feet in Lot 2, Block
22, Guadalupe Addition, to a point on the South line of Lot 3, Mullins
Addition, said point being the beginning of a curve;
THENCE Northeasterly along said curve to the right having a radius of
1,273.24 feet and a radius bearing North 77°09'38" East, said curve
being in the proposed West right-of-way line of I.H. 27, a distance of
487.42 feet to a point;
THENCE North 00°36'18" East a distance of 61.86 feet to the most
Northwest corner of said parcel, said point also being in the North
line of said Lot 2, Mullins Addition, and the POINT OF BEGINNING.
SECTION 2. 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 Deed and related forms conveying the above described property to the
Texas Department of Highways and Public Transportation pursuant to Article
6674w-3, V.A.C.S.
SECTION 3. THAT should any section, paragraph, sentence, phrase,
clause or word of this Ordinance be declared unconstitutional or invalid
for any reason, the remainder of this Ordinance shall not be affected
thereby.
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SECTION 4. THAT the City Secretary is hereby authorized and directed
to cause publication of the descriptive caption of this Ordinance as an
alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 26th day of June
1986.
Passed by the City Council on second reading this lOth day of July
1986.
B. C. McMINN, ~
ATTEST:
APPROVED AS TO FORM:
· 1i~ 'rei/.~ Harold Willard, AssLstant CLty
··Attorney
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Ordinance 8941
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
FORM 132 REV. !1-U BILLING STATEMENT
BILLING INSTRUCTIONS: To facilitate handling and prompt payment v-the information in the spaces provided below. Submit live copies; sign the qnal only. Submit a separate
statement for ead1 requiSition. Charges for freight «express, il any. must be supported by the prepaid freight « express bill. This statement cannot be processed for payment without a valid vendor ID number.
NameofPayee The City of Lubbock Date 6-12-19 86
Address ---"'-16"'-2;_;5;._._;:;1..;;;.3..;;;.th...c.......;S:....:t;..;;..r..;;;.e..::..e-=-t-------City&State Lubbock, Texas 79401
DELIVERY DATE: VENDOR ID NUMBER: 175600059016
s INVOICE SOURCE
LINK w DATE NUMBER FY S UNIT DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Par ~el 159A 86 550 Purchase of 50 .. 120.26 sauare feet
more or less .. of land out of Lot
2 .. Block 22 of the Gua.daluoe
Addition and out of Lots 2' 3 and
4 of the Mullins Addition. Citv I
of Lubbock. Lubbock Countv Texas
I i
Partial Takina
Total Consideration 44.700 00
I 27-7(8)305
_9_005-27-13
0067-07-063
l 1
-
i
CASH DISCOUNT % DAYS
TOTAL 44.7001 0_0
IACorMISC SDHPT BC
CONTRACT NO: REQ. NO: HW ORDER NO: DATE:
SEG. ± DHT ITEM NO. I I. D. DETAIL AMOUNT
1 I il I EQUIPMENT TRADE-IN TRADED
26 s NUMBER AUOWANCE EQUIP. NO.
09 ±
ACTY. I I DHT ITEM NO
DIST. DETAIL AMOUNT MOD. I EQUlP. NO. S\
LINK SEQ. OR HI ·-
OIV. ± COSI'COOER Sfl
70 OBI. EQUIP. NO. I rl ACTY.
THRU DETAIL AMOUNT FUNC. OF HIGHWAY 79 EXP. ~' .. s TASK OR I COUNTY SYS. NUMBER U CLASS. : WORK ORDER F
15 16 17 18 19 20 21 22 23 24 25 -41 42 -53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 10 11 12 73 14 75 16 77 78
05 76 0067-07-063 44.700.00 400 336 l = p
i
i t
I
I, s.c. McMinn , do hereby certify AGENCY CERTIFICATION -
that lam Mgyor~·cit~ of Lubbock , and that I CERTIFY THAT THE ABOVE SERVICES WERE RENDERED, OR GOODS RECEIVED, AND
THAT THEY CORRESPOND IN EVERY PARTICULAR WITH THE CONTRACT UNDER WHICH (Title of Person Certifying) THEY WERE PROCURED AND THAT THE INVOICE IS TRUE, AND UNPAID.
I am duly autha-ized to make this certification for and on behalf of the above named payee.
I further certify that thi$ claim is correct and that it corresponds in every particular with ROW Engineer the supplies and/or services contracted for. I further certify that the claim is true, correct,
and unpaid. 11. ~0! )h : )tkN
NAME TITLE
July 10, 19~ CALCULATIONS AND FOOTINGS VERIFIED -
SUPPORTING DOCUMENTS COMPLETE: BY
(Date) 1--(Signature}
c c -~
3 -3 -
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3 -3 -2
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June 12, 1986
MEMORANDUM OF AGREEMENT
City of Lubbock
Honorable Mayor B.C. McMinn
1625 13th Street
Lubbock, Texas 79401
Dear Sir:
Ordinance #8941
County: Lubbock
Highway No: I-27 Location: From Loop 289 {N), South
To 19th Street in Lubbock
Project No: I 27-7{8)305
Account No: 9005-27-13
CSJ No: 0067-07-063
Parcel No: 159A
Our negotiations for highway right of way across your property have progressed
to the point that you have indicated a willingness to sign a deed in return for
payment as agreed to in our previous discussions. It is thought to be in the
best interests of both you and the State Department of Highways and Public
Transportation to confirm this agreement in order to avoid any possible misun-
derstanding as to the details of the purchase, or the process by which the State
Department of Highways and Public Transportation will make payment.
Your property consists of 50,120.26 square feet, more or less, of land out of
Lot 2, Block 22, Guadalupe Addition and out of Lots 2, 3 and 4 of the Mullins
Addition in the City of Lubbock, located on the west side of the 200-300 Block
of North Avenue H. The right of way being purchased by the State Department of
Highways and Public Transportation has been thoroughly explained. The payment
of $44,700.00 as herein agreed to will constitute full payment to be made by the
State Department of Highways and Public Transportation for the property to be
conveyed to the State. The State and Owner have agreed to the following provi-
sions:
1. Until payment is made by the State, title and possession of the property
to be conveyed remains with you. You shall bear all risk of loss to any
and all such property prior to such payment. Either you or the State
shall have the right to terminate this agreement.
2. That you will execute a general warranty deed to the State conveying a
clear title free of all defects, liens and encumbrances, except that
oil, gas, and sulphur is reserved to you as provided in the Deed.
3. It is understood that grantor is retaining title to the following listed
{Category I) bisected improvements:
Metal Warehouse Building."
"Such improvements shall be removed from the premises hereby conveyed by
the grantor on or before the 1st day'of December, 1986, subject,
however, to such extensions of time as may be granted by the State in
writing, but in the event grantor fails for any reason to remove such
improvements within the time herein provided for, title to such improve-
"''
MEMORANDUM OF AGREEMENT
Page 2
ments, including the portion or portions thereof located on grantors'
remaining property, shall immediately vest in the State of Texas, all
for the same consideration hereinabove recited."
"It is further understood and agreed that in the event title to such
improvements vests in the State of Texas under the provisions of the
paragraph next above, grantor authorizes the State, its agents or
assigns, to enter upon his remaining property for the purpose of
removing such bisected structure or structures, and grantor expressly
waives all damages or claims that may result to the remaining property
of the grantor as a result of such entry and removal of such structure
or structures."
4. "And for the same consideration described above, and upon the same con-
ditions, grantor does hereby bargain, sell and convey unto the State of
Texas that portion of the following structure(s) located on the
remaining property out of which the above described premises were origi-
nally a portion, to wit:
Concrete Foundation."
"The owner understands and agrees that it will be necessary for the
State to enter upon his remaining property out of which the above-
described property was conveyed for the purpose of removing that portion
of the above-described structure(s) which is located on such owner's
remaining property. The owner hereby authorizes the State, its agents
or assigns, to enter upon such remaining property for the purpose of
removing such structure(s} and expressly waives all damages or claims
that may result to the remaining property of the owner as a result of
such entry and removal of such structure(s}."
5. In consideration of the State's allowing Grantors to occupy the above-
described land after its acquisition by the State, Grantors agree that
such occupancy shall terminate not later than December 1, 1986, subject,
however, to such written extensions of time as the State may grant. Such
extensions will be granted only upon a showing by Grantors of exte-
nuating circumstances which in the opinion of the State will justify
such extension.
Grantors agree that occupancy shall be for their benefit exclusively,
and the Grantors acknowledge that said occupancy hereunder shall be for
their sole benefit and that no payment has been made or is to be made to
the State for use of said premises, and that any attempt to assign such
benefit, or to lease, rent, sublet, or in any manner suffer or permit
occupancy of the land or improvements thereon by a third party shall
automatically suspend the operation of this provision, and the State
shall then have immediate right of possession. With respect to any
improvements located upon said land, title to which is to be acquired by
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MEMORANDUM OF AGREEMENT
Page 3
the State, Grantors shall make every reasonable effort to keep such
improvements in good repair and shall exercise such diligence as may be
necessary to protect same from damage; however, Grantors shall not be
responsible for damage or destruction as a result of fire or other acts
of nature. Grantors agree that the State's employees or agents may make
inspections of the premises from time to time, and that the State will
be notified at the time Grantors vacate the premises.
Grantors hereby acknowledge that their use of and access to the expressway lanes
to be constructed in conjunction with the highway facility of which the land
hereby conveyed shall become a part shall be and forever remain subject to the
same regulation by legally constituted authority as applies to the public's use
thereof; and Grantors further acknowledge that the design and operation of such
highway facility as a Controlled Access Highway require that access from
Grantor's remaining property to said highway facility shall be governed hence-
forth as indicated in Paragraphs (A) and/or (B) hereinbelow; and all abutter's
rights, including rights of ingress and egress and the right of direct access to
and from Grantor's remaining property to said Controlled Access Highway faci-
lity, which have accrued or might otherwise accrue to Grantors, their heirs,
successors or assigns are hereby waived, released and relinquished insofar as
they appertain to Paragraph {B) hereinbelow:
{A) Access to and from Grantor's remaining property will be permitted:
To the west remainder abutting the highway facility between a point
being northeasterly along a curve to the right having a radius of
1273.24 feet a distance of 161.44 feet from the beginning of the fifth
call and a point being the end of the sixth call of the field note
description contained in the Right of Way Deed.
(B) Access to and from Grantor's remaining property will be denied:
To the west remainder abutting the highway facility between a point
being the beginning of the fourth call and a point being northeasterly
along a curve to the right having a radius of 1273.24 feet and a radius
bearing North 77° 09' 38" East a distance of 161.44 feet from the
beginning of the fifth call of the field note description contained in
the Right of Way Deed.
After the date of payment of the purchase price, you will be reimbursed for any
fair and reasonable incidental expenses necessarily incurred in transferring
title to the property for use by the State Department of Highways and Public
Transportation. Expenses eligible for reimbursement may include (1) recording
fees, transfer taxes, documentary stamps, evidence of title, boundary surveys,
legal descriptions of the real property, and similar expenses incidental to con-
veying the real property to the Department and (2) penalty costs and other
charges for prepayment of any preexisting recorded mortgage entered into in good
faith encumbering the real property. Voluntary unnecessary expenses or expenses
•'
MEMORANDUM OF AGREEMENT
Page 4
incurred in clearing questionable title will not be eligible for reimbursement.
Eligible incidental expenses will be reimbursed upon submission of a claim sup-
ported by receipted bills or other evidence of actual expenses incurred. You may
file a written request for review if you believe that the Department failed to
properly determine the eligibility for or the amount of incidental expenses to
be reimbursed. There is no standard form on which to request review of a claim;
however, it must be filed with the District Office within six months after you
are notified of the Department's determination on any claim for reimbursement.
The payment of the amount herein stated and the terms herein provided constitute
the only promises, consideration and conditions of this purchase, and no other
promises, consideration or conditions have been promised or implied, save and
except any benefits which may accrue under the State's relocation assistance
program and the mutual benefits to be derived by State Department of Highways
and Public Transportation and the owner from the signing of this instrument.
The State without cost to the owner, will pay the cost of recording all instru-
ments conveying title to the State.
It is suggested that you carefully review the proposed right of way deed and
satisfy yourself as to its provisions. With your signing of this letter and the
execution of the deed, the State will proceed with the issuance of a State
warrant, which will be made out jointly to the owners of the property and to
Western Title Company, agent for Title USA Insurance Corporation. This company
has been designated as the State's closing agent and is responsible to see that
the State Department of Highways and Public Transportation obtains clear title.
They will not endorse the warrant and make payment until clear title is secured.
At the same time, you have the right not to endorse the warrant and accept
payment until you are fully satisfied on all details of the transaction.
Yours truly,
crJ~<n1G~
Willi am M. Pope
District Engineer
State Department of Highways
and Public Transportation
MEMORANDUM OF AGREEMENT
Page 4
I fully understand the State Department of Highways and Public Transportation•s
proposal as contained in the above letter and acknowledge receipt of the
Brochure, "Relocation Assistance Program". I understand that relocation benefits
are handled entirely separate and in addition to this transaction and agree that
my execution of the Right of Way Deed is based on this understanding.
THE CITY OF LUBBOCK
By: t5_ c..,)H.f~ B!C. Melfi nn, Mayor
Date: July 10, 1986
H2320-R237--
THE STATE OF TEXAS
COU:\'TY OF LUBBOCK
Before me G I end8 R8&CO a Notary Public in and for Lubbock County, Texas on this day
personally appeared Iwila Aafill r Account Mz,nae:er of the Southwestern Newspa-
pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the rirst insvsig~.y~this I eeal Notice
--------:--:--:--::-:---:-:---No. at Lubbock County. Texas and the attached print-
ed cop~· of the L e F! a I Notice is a true copy of the original and was printed in the Lub!1ock
Avalanche-Journal on the following dates: _.w,l.~,~u~I~Yc........1 .... 2.:;...s.•..........~1~.;:9~~-•'--..a.1.!:19'-C;8~6~-----------
429 word& @ 16t -$326.04 ~kR~
Account ManaF!er ";:~ ~ ' . . . GLENDA RASCO
LL'BBOCK AV :\LANCHE-.JOUR!':AL
Southwestern :'\ewspapers Corporation
'; .tlotary Public In And For Tilt State~~.~-: .. -,~
·.. Mt Commission Exptres Nov. 9, i~96 ' ~
Subscribed and sworn to before me this 21s(by of __ J-'u;;_~-'"--· 19~
FOR\1;}8-10
' • ·. . . VICUINP;NCE: NO it.i6
' C. AN ORDINANCE AM!NOJliiG
HAPTER ~OF TH& CODE OF
• . . _ . _ .... ,.· ORDINANCE$, CITY OF LUB· · -.s. --= BOCK, ENTITLED "ZONING,, A!"""""' .. BY AMI!NOING SEC:TIO'III .o11tl AMt'tfti.'HG · J9..21fi)!2!J. WHICH COKCERN$ ZONl .li,NQ. lOM_ :SPECIAL EXCEPTION$ FOR AND L MAll' OF. OUTSIDE SALES ACTIVI't1E4 THE .CITY OF .\.UBBOCK MAK, _ ' AND PROVIOING FOR SPECIFic· IN G THE_ F 0 L l.O WIN C) 1 I';I:OI'fOlTION$ Wffl!'tf :11. "PERMIT. , CHANGES.: ZONE! CASE NO. , II'IAV 8E ISSUED ADMINI$TRA 1977·15 ;A ·zoNING CHANGE :· _'TIVELY; PROVIDING A SAV., FROM R·l TO GO ZONING ON A -~IN(!,$ CLAUSE PR •
tRACT IN SECTION 27, BLOCK . 'f>ENALTY AND p~~~·~:;.: Je~·Nbetoc;,~~Tr~~:1'1~o'J:g: .·j FOR PUBLICATION. . . . ·.,
lNG A PENALTY; PROVIDING~ ,_·AN ORDI~~~~~E~~
SAVINGS CLAUSE /l.ND P.ROV!I>: .,_CHAPTER 29 OF THE LUBBOC
·· !NG FOR PUBLICATION. ·. · . '; ' CITy CODE, 15NTITI..EO "ZO•~ ; . . ··oRDINANCE NO•ItX ;; JNG," 8Y PROVIDI . ·· ,.. .
' AN ORDINANCE A,ENOING f"CIFIC USE F'ERMIT1"~~~l~ ,
lONING. OROINANCE·NO. 7CI84 i 8ANJC;$ AND PLASMA -~
AND _THE OFF. _'C. lA!.. MAP. OF j·;TERS; PROVIDING A"-s,w1~~S 'tHE CITY OF LUBBOCK,MAK·• :cCLAU$£; PROVIDlNGAPENAL~
lNG ·THE -FOLLOWING i'TY AND .PROVIDING FOR PUB-CHANGES.: ZONE CASE NO. i UCATION, .' · _: .• U55·A; AzONlNG.G:HANGE ,j ·· .. OROIMNCEN ,.-ROM 11(.1~ R·l SPECiFIC -USE, . ' AN ORDINANCE ABANa.:,::fl R-2. C,2 AND A·l TO C·2 SPECIF" JNG AND CLOSING· PUIIL~· IC USE PERMIT FOR GASOLINE. ·,PARK PROPERTY IN THE GUA SALES. AND TO GO; C•2, .. C4, •:OAI..UPE AND NS . '
·LIMITED C·4 AND C-4 ZONING :!'IONS TO TH OF A~JJ· ON A TRACT OUT Of SECTION . "BOCK, l..UBB · •
ill\, BLOCK A·K, LUBBOCK, TEX· !AS; AUTHOR IZ:ING ~· TEX·
AS: SUBJECT TO COt/DITIONS{ltECTING tHE MAVORAOFOT~~
I>ROVIDING A PENALTY; PRO. ,.CITY OF LUBBOCK TO EXI!
VI DING A SAVINGS CLAUSE ,CUTE FOR AND ON BEHALF OF
AND PROVIDING_FOR P.UBLICA-,THE CITY A DEED AND RELA'I' ' TION. . · -. • · .·· ED FORMS CONVEYING •
'·' · OROINANCt NO. 19)1 PROPERTY TO· THE ·SAID
• AN ORDINA"'CE AMENDI"'G I'ARTMENTOFHIGH~XAS DE·
lONING ORDINANCE. NO; 1084 UBLIC "'fRANSPOR.fl/1~":.~ AIIID-THE OFFICIAI .. •MAP.OF llOVIDING A SAVIN
THE CITY OF LUBBOCK MAK' AUSE; AND PROVIDING .. ~: lNG Tt-11! ·FOLUlWING UBLICATION. .
. CHANGES: ZONE CASE 1110. . : .. · ORDINANCE NO ~1 2269-J; SECTION.l4. BLOCK E-1. AN ORDINANCE AMENDING AND LOTS 549-SSS, KliiiG'S GATE CTION 211-92 OF THE CODE OF ADDITION, LUBBOCKi TEXAS; RDINANCES OF THE CITY OF
1 SUBJECT TO CONDITIONS: '!_IBOCK, TEXAS. IN ITS EN
PROVIOI MG A PENAI..TY: PRO. ,.ETY SO AS TO CHANGE T • 'VI DING A SAVINGS "CLAUSE A.TES FOR SEWER SERif HE ~l"ANO PROVIDING fOR PUBLICA-~THIN THE CITY OF LUaeJ~~ '
TION. •FI!CTIVIi! AUGUST 1 1-· ·---·· ~--·l PROVIDINGASAVINGSCLAUS'i .:~ltOVlOING FOR PUBLICA·
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