HomeMy WebLinkAboutResolution - 2001-R0278 - Deed - Memorial Center Addition - 07/12/2001Resolution No. 2001-RO278
July 12, 2001
Item No. 25
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 Memorandum of
Agreement and a Deed conveying a tract containing 7,264 square feet out of Lot One
(1), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock
County, Texas, in favor of the Texas Department of Highways and Public
Transportation. Said Deed to be in a form that shall be acceptable to the City Attorney
of the said City of Lubbock.
Passed by the City Council this 12th day of July , 2001
, fir-IMAW-il
W&S�� • •
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs:ccdocs/Memo of Agrm-Memorial Ctr Addn.
June 28, 2001
Resolution No. 2001—RO278
Texas Department of Transportation July 12, 2001Item NO . 2 `�
Form D-15-12 (Partial Taking)
Page 1 of 4 Rev, 9.91
After recording, please return this instrument to: 'TX -DOT, ROW Section, P.O. Box 771 Lubbock, TX 79408-0771
DEIED Acct No. 8005-1-20
Controlled Access Highway Facility Parcel No. 372
THE STATE OF TEXAS
COUNTY OF LUBBOCK
WHEREAS, the Texas Transportation Commission has been authorized under House Bill 179, Acts of the 55th
Legislature, Regular Session, 1957 (Article 6674w-1, et seq., Vernon's Annotated Civil Statutes of Texas) to purchase
land and such other property rights deemed necessary for the purposes of facilitating the construction, maintenance and
operation of Controlled Access Highways; and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary by the Texas Transportation
Commission for the purposes of facilitating the construction, maintenance and operation of a Controlled Access Highway
facility;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, The CITY OF LUBBOCK of the County of Lubbock, State of Texas, hereinafter referred to as Grantors,
whether one or more, for and in consideration of the sum of $30,000.00 (Thirty -Thousand and Noll 00
Dollars) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission,
receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day
Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of
land lying and being situated in the County of Lubbock, State of Texas, more particularly described in Exhibit "A", which
is attached hereto and incorporated herein for any and all purposes.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the
following improvements located on the property described in said Exhibit "A", to wit:
None
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in
this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein
and thereunder.
GRANTEE'S ADDRESS: TX -DDT, RDW Section, P.O. Box 771 Lubbock, TX 79408-0771
Texas Department of Transportation
Form D-15-12 (Partial Taking)
Page 2 of 4 Rev, 9.91
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 Grantors'
remaining property to said highway facility shall be governed henceforth 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
Grantors' remaining property to said Controlled Access Highway facility, 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 Grantors' remaining property will be permitted:
As more particularly described in EXHIBIT "B ", which is attached hereto and incorporated herein for any
and all purposes.
(B) Access to and from Grantors' remaining property will be denied:
As more particularly described in EXHIBIT "B", which is attached hereto and incorporated herein for any
and all purposes.
Texas Department of Transportation
Fonn D-15-12 (Partial Taking)
Page 3 of 4 Rev, 9.91
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights
and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby
bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and
singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the
of July , 2001.
CITY OF L U BOCK
By:
Title: Windy Sitton, YUayor
By:
_ DJ4—'r—� Q
Rebecca Garza
City Secretary
ACKNOWLEDGMENT
THE STATE OF Texas }
COUNTY OF Lubbock )
12th
day
,_-.
This instrument was acknowledged before me on by Windy Sitton, of the CITY OF
LUBBOCK, that he/she was duly authorized to perform the same by appropriate resolution and that he/she executed the same as the act
of the City of Lubbock for the purposes therein expressed, and in the capacity therein stated.
TANYA MALINAK
:'•?°�''�"`��•: Notary Pub tc, State of
Notary Publk, State of Texas
pg M/y'�cwDMMissssion My Commission expires on the -----,-day of
•''rf Y.. 14'x* 4JSoCOYfPCR e'7
2003 /J
20
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Resolution No. 2001-R 0278
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO *ARIZONA - NEVADA - UTAH
County:
Lubbock
Account No:
8005-01-20
CSJ No:
0380-01-053
Highway No:
U.S. 82
Parcel No:
372
Grantor:
City of Lubbock, Texas
EXHIBIT "A"
Being 674.8 M2 (7264 square feet) of land out of Lot One (1), Block One (1), Memorial Center
Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or
dedication deed thereof recorded in Volume 1349, Page 521 of the Deed Records of Lubbock
County, Texas, of which 39,382.0 M2 (423,904 square feet) of land was conveyed by a Warranty
Deed dated September 17, 1973 by Urban Renewal Agency of the City of Lubbock to City of
Lubbock, Texas, recorded in Volume 1359, Page 826 of the Deed Records of Lubbock County,
Texas, which said 674.8 M2 (7264 square feet) of land is more particularly described as follows:
BEGINNING at a 1/2" Iron Rod with Cap, set in the existing South Right -of -Way line of U.S.
Highway 82, (Fourth Street), for the Northeast and beginning corner of this parcel, whence the
Northeast corner of Lot One (1), Block One (1), Memorial Center Addition bears North
02013'41" East, 1.515 meters (4.97 feet);
(1) THENCE South 02°1341" West, along the East line of Lot One (1), Block One (1),
Memorial Center Addition, a distance of 0.283 meters (0.93 feet) to a 1/2" Iron Rod with Cap, set
in the proposed South Right -of -Way line of U.S. Highway 82, (Fourth Street) and in the East line
of Lot One (1), Block One (1), Memorial Center Addition, for the Southeast corner of this parcel;
(2) THENCE North 87038104" West, along the proposed South Right -of -Way line of U.S.
Highway 82, (Fourth Street), a distance of 180.914 meters (593.55 feet) to a 1/2" Iron Rod with
Cap, set in the proposed South Right -of -Way line of U.S. Highway 82, (Fourth Street), for a
corner of this parcel;
PAR372.DOC
1
(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO - ARIZONA - NEVADA * UTAH
(3) THENCE Northwesterly, along the arc of an curve to the right and, along the proposed
South Right -of -Way line of U.S. Highway 82, (Fourth Street), an arc distance of 44.684 meters
(146.60 feet) to a 1/2" Iron Rod with Cap, set for a corner of this parcel, said curve has a radius
of 415.373 meters (1362.77 feet) and a chord that bears North 84°33'08" West, 44.659 meters
(146.52 feet);
(4) THENCE South 52019'12" West, along the proposed South Right -of -Way line of U.S.
Highway 82, (Fourth Street), a distance of 15.981 meters (52.43 feet) to a 1/2" Iron Rod with
cap, set in the existing East Right -of -Way line of Avenue "O" and in the West line of Lot One (1),
Block One (1), Memorial Center Addition, for the Southwest corner of this parcel;
(5) THENCE North 2°13'41" East, along the existing East Right -of -Way line of Avenue "O"
and the West line of Lot One (1), Block One (1), Memorial Center Addition, a distance of 4.898
meters (16.07 feet) to a 1/2" Iron Rod with cap, set for a corner of this parcel;
(6) THENCE Northeasterly, along the arc of an curve to the right and the existing East Right
of Way line of Avenue "O", an arc distance of 9.577 meters (31.42 feet) to a 1/2" Iron Rod with
cap, set in the existing South Right of Way line of U.S. Highway 82, (Fourth Street) and in the
North line of Lot One (1), Block One (1), Memorial Center Addition for the Northeast corner of
this parcel, said curve has a radius of 6.096 meters (20.00 feet) and a chord that bears North
47°13'41" East, 8.620 meters (28.28 feet);
(7) THENCE South 87*4619" East, along the existing South Right of Way line of U.S.
Highway 82, (Fourth Street) and the North line of Lot One (1), Block One (1), Memorial Center
Addition, a distance of 172.036 meters (564.42 feet) to a 1/2" Iron Rod, set for a corner of this
parcel;
(8) THENCE South 83035'56" East, along the existing South Right of Way line of U.S.
Highway 82, (Fourth Street), a distance of 45.842 meters (150.40 feet) to a 1/2" Iron Rod, set for
a corner of this parcel;
(9) THENCE South 87°30'24" East, along the existing South Right of Way line of U.S.
Highway 82, (Fourth Street), a distance of 13.911 meters (45.64 feet) to the point of beginning,
of which contains an area of 674.8 M2 (7264 square feet).
PAR372.DOC
Pa
(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA * UTAH
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND AUGUST, 1999
REGISTERED PRO SIONAL LAND SURVEYOR
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Note: English units are provided for information only.
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PAR372.DOC
(806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413
Lr
Resolution No. 2001-RO278
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH
County:
Lubbock
Account No:
8005-01-20
CSJ No:
0380-01-053
Highway No:
U.S. 82
Parcel No:
372
Grantor:
City of Lubbock, Texas
EXHIBIT "B"
(A) Access to and from remaining property will be permitted as follows:
To the South remainder abutting the highway facility from the beginning of the second call to a
point North 87°38'04" West a distance of 39.270 meters (128.84 feet) , also from a point South
87038104" East a distance of 30.789 meters (101.01 feet) from the end of the second call to the
end of the fourth call of the foregoing field note, description.
(B) Access to and from remaining property will be denied as follows:
To the South remainder abutting the highway facility between a point North 87°38'04" West a
distance of 39.270 meters (128.84 feet) from the beginning of the second call and a point South
87°38'04" East a distance of 30.789 meters (101.01 feet) from the end of the second call of the
foregoing field note description.
PAR372b.DOC
1
(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
Texas Department of Transportation
Form D-15-12 (Partial Taking)
Page 4 of 4 Rev. 9/91
After recording, please return this instrument to:
Texas Department of Transportation
Attn.: Mr. Sim Larkins
P.O. Box 771
Lubbock, Texas 79408-0771
Parcel No.
County
Highway No.
CSJ No.
Account or Federal No.
Limits:
372
Lubbock
82
0380-01-053
8005-1-20
From:2.012 km (1.25 miles) S.W. of Loop 289
To: 1.287 km (0.8 miles) East of IH -27
��� 9-11
Controlled Access Highway Facility
Grantors: City of Lubbock
To The State of Texas, Austin, Texas
CERTIFICATE OF RECORDING
Resolution No. 2001-RO278
MEMORANDUM OF AGREEMENT
June 28, 2001
Lubbock County
U.S. 82, (East-West Freeway)
CSJ No. 0380-01-053
Account No. 8005-1-20
Limits: From: 2.012 km (1.25 miles) S.W. of Loop 289
To: 1.287 km (0.8 miles) East of IH -27
Parcel No. 372
CITY OF LUBBOCK
P.O. Box 2000
Lubbock, Texas 79457
Dear Mr. Bucy:
You have indicated a willingness to sign a deed for your property which consists of
7,264 SQ. FT. out of Lot 1, Block 1, Memorial Center Addeition located at 4th Street
and Ave. O.
It is important to confirm this agreement in order to avoid any possible
misunderstanding as to the details of the purchase or the process by which the Texas
Department of Transportation (TxDOT) will make payment. The payment of
$30,000.00 (Thirty -Thousand and No/100 Dollars) as herein agreed
will constitute full payment to be made by TxDOT for the property to be conveyed to the
State.
TxDOT and the owner(s) have agreed to the following provisions:
It is agreed by and between the parties hereto, that of the total compensation of
$30,000.00 Dollars as herein provided, is payment for the property conveyed to
the State.
Until payment is made by TxDOT, 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 TxDOT shall have the right to terminate this agreement.
Save and Except, However, it is expressly understood and agreed that owner(s) are
1
MEMORANDUM OF AGREEMENT
June 28, 2001
retaining title to the following improvement(s) located on the above described property,
to -wit:
NONE
Owner(s) 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
Owner(s) further acknowledge that the design and operation of such highway facility as
a Controlled Access Highway require that access from Owner(s)' remaining property to
said highway facility shall be governed henceforth 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 Owner(s)' remaining property to said
Controlled Access Highway facility, which have accrued or might otherwise accrue to
Owner(s), their heirs, successors or assigns are hereby waived, released and
relinquished insofar as they appertain to Paragraph (B) hereinbelow:
(A) Access to and from Owner(s)' remaining property will be permitted:
As more particularly described in EXHIBIT "B'; which is attached hereto
and incorporated herein for any and all purposes;
(B) Access to and from Owner(s)' remaining property will be denied:
As more particularly described in EXHIBIT "B'; which is attached hereto
and incorporated herein for any and all purposes.
2
MEMORANDUM OF AGREEMENT
June 28, 2001
The payment of the amount herein stated and the terms provided constitute the only
promises, consideration and conditions of this purchase; and, no other promises,
consideration or conditions have been signified 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 you and TxDOT from the signing of this agreement.
TxDOT, without cost to you as the owner, will pay the cost of recording all instruments
conveying title to the State.
It is suggested that you carefully review the proposed Right -of -Way Deed and satisfy
yourself(selves) as to its provisions. With your signing of this agreement and execution
of the Right of Way Deed, TxDOT will proceed with the issuance of a State warrant,
which will be made out jointly to you and to SERVICE TITLE COMPANY, agent for
Chicago Title Insurance Company. This company has been designated as the
State's closing agent and is responsible to see that TxDOT 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 to withhold endorsement of the warrant and not accept
payment until you are fully satisfied on all details of the transaction.
Sincerely,
- le t �
Carl R. Utley, P.E.
District Engineer
Lubbock District
I (We) fully understand the Texas Department of Transportation's proposal as contained
in this agreement and hereby acknowledge receipt of the brochure entitled "Relocation
Assistance."
3
MEMORANDUM OF AGREEMENT
June 28, 2001
I (We) understand that relocation assistance benefits are handled entirely separate
from and in addition to this transaction and agree that my (our) execution of the Right -
of -Way Deed is based on this understanding.
CITY OF LUBBOCK
By:
_ lx�
Title: Windy Sitton,ay r
B.y: Q -
Rebecca Garza
City Secretary
Texas Vendors Identification Number
1-75-6000590-6
CRU/sl
4
Date: July 12, 2001
Date: July 12, 2001
Resolution No. 2001-RO278
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH
County:
Lubbock
Account No:
8005-01-20
CSJ No:
0380-01-053
Highway No:
U.S. 82
Parcel No:
372
Grantor:
City of Lubbock, Texas
EXHIBIT "B"
(A) Access to and from remaining property will be permitted as follows:
To the South remainder abutting the highway facility from the beginning of the second call to a
point North 87038'04" West a distance of 39.270 meters (128.84 feet) , also from a point South
87°38'04" East a distance of 30.789 meters (101.01 feet) from the end of the second call to the
end of the fourth call of the foregoing field note description.
(B) Access'to and from remaining property will be denied as follows:
To the South remainder abutting the highway facility between a point North 87°38'04" West a
distance of 39.270 meters (128.84 feet) from the beginning of the second call and a point South
87°38'04" East a distance of 30.789 meters (101.01 feet) from the end of the second call of the
foregoing field note description.
PAR372b.DOC
1
(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
PARCEL No. 372
TOTAL AREA* 39 294.7 M2 (422 965 SQ.FT.)
R.O.W. ACQUISITION: 674.8 M2 (1264 SQ.FT.)
REMAINDER( 38,619.9 M2 (415,701 SQ.FT.)
U.S. 82 (4th Street)
R - 6.096 m (20A07 III
CH.BRG. - N 47° 13'41" E
8.620 m (28.28' 372
.,r------_—_-- Inlet
PROP. R.O.W. N 87° 38'04" W 180.914 m (5
E O O C
O� O (M 3.048 m (107 Underq ,Jnd
6� R 415.373 m (1362.77b,) J t�� �') O
- 44.684 m (146.601) w O
I 0)00' CH.BRG. - N 84° 33'08" W
me 44.659 m (146.52') Q
LOT 1
3 � N Gross Mea
>
a � �
I BTAIN
O TOPOGRAPHIC AERIAAL FEATURES PHOTOGRAMMETOWN HEREON WRERY FURNISHEDEBY OTXDOTED
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— s
— — — — — — — — — —
10.668 m (35') Underground Utility Easement
Guard Posts O
S °s
R ,=LP148.743 m (488.00')
L = 70.778 m (232.21')
CH.BRG. = N 15° 51'35" E
70.112 m (230.03')
R = 7.620 m (25.00') Paved Parking
L = 15.496 m (50.84')
CH. RG. = N 28° 57'00" W
12.9 1 m (42.52')
/I
MH
LP MH
Wet LP P
P FH
l
6th Street
Paved Parking
. LP
LP — —
i
iJ I
4W=
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\ I x
LP P
Inlet
Resolution No. 2001-R 0278 I LEGAL DESCRIPTION
ALL OF LOT 1, BLOCK 1, MEMORIAL CENTER ADDITION
—S 83035'S6" E VOL. 1359, PG.826
45.842 m (150.40')
S 84056'19"5E
- -3i 146 m (12.15')
III 81.760 m (268.24') RT.
VOL.,s104 S 870 30'24" E
ILP P,, 98 r3.911\n (45.64' STA.14.874.454
39.2 0 m (12 . T— —
O
Utility Ea4ement \ DETNL
00 1
_44.9 8 m(147 5p�) '
0
N
-N 870 55119" W
7.818 m (25.65')
(VOL. 1350. PG. 689)
N.E. COR. LOT 1, BLK. 1
2013'41" W 1.515 m (4.97')
2013'41" W 0.283 m (0.93')
'� 5.5173m17,15W0.91)
N 870
46'19"
4.612
m (15.13')
Eo >-
201341„
4.645
W
(9 CD LyJ
. �
m (15.24')
o CD Q
(.0 ---
N
SCALE - 1:1000
�3.048m U/G UTIL. ESMT.
^
O FOUND %" ROD UNLESS NOTED
_ /No1.6104, Pg.98)
-1/
n
o? rn
SET %2" ROD WITH CAP UNLESS NOTED
1 9117n30424fi4E—
% j
INSET I/2" ROD WITH CAP UNLESS NOTED
1
—7— — —PREP OJy.
— — — — -- EXIST. R.O.W.
8 W —
PROP. R.O.W.
CONTROL OF ACCESS
— — EXIST. EASEMENT
DETAIL
In
ALL EXIST. ESMT'S SHOWN ON THIS
PLAT ARE DEDICATED BY RECORDED
PLAT IN VOL. 1349, PG. 521
(n
O O �r R
L = 73.938 m (242.58')
OI CH.BRG. = S 47014'53" E
71.802 m (235.57')
MIA
A LEGAL DESCRIPTION OF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS PLAT.
SURVEYED ON THE GROUND AUGUST. 1999
5-
-c I
....................:..
GARY D. VJILSON
..4239 fn-
NOTES:
BASIS OF BEARINGS:
BEARINGS ARE GRID BEARINGS
27 CONTROL POINTS AS EST,
LAMBERT GRID SYSTEM, NAD
ZONE.
ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY.