HomeMy WebLinkAboutResolution - 2001-R0390 - Signed Deed For City's Property For Land Improvements (Brownfield And 6Th St.) - 10/11/2001Resolution No. 2001-RO390
October 11, 2001
Item No. 20
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 Deed, a Memorandum
of Agreement, and a Modification of Reverter Clause Agreement, conveying two tracts
of land, one being 50.0 square feet and the second being 755.6 square feet out of
Section 1, Block E-2, 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
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way t
APPROVED AS TO FORM:
bald G. Vandiver
First Assistant City Attorney
gs:ccdocs/Deed,Memo of Agrmnt,Mod .res
Sept. 13, 2001
11th day of October ,2001
Resolution No. 2001-R 0390
October 11, 2001
Item No. 20
MEMORANDUM OF AGREEMENT
April 17, 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. 78
CITY OF LUBBOCK
Windy Sitton, Mayor
1625 13th
Lubbock, Texas, 79401
Dear Mayor Sitton:
You have indicated a willingness to sign a deed for the City's property which consists
of land and improvements located at southeast corner of Brownfield Hwy and 6th St.,
more particularly described in Exhibit "A", attached hereto and incorporated herein for
any and all purposes.
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 Eleven
Thousand Two Hundred and Five And No/100 Dollars ($11,205.00) 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
ELEVEN THOUSAND TWO HUNDRED FIVE AND NOMOO DOLLARS ($11,205.00)
as herein provided, SIX THOUSAND FOUR HUNDRED THREE AND NO/100
DOLLARS ($6,403.00) is payment for the property conveyed to the State with the
remaining FOUR THOUSAND EIGHT HUNDRED TWO AND NOMOO DOLLARS
($4,802.00) representing payment for damages the remaining property suffers by
reason of the taking and/or the necessity of property adjustments to accomplish the
taking.
MEMORANDUM OF AGREEMENT
April 17, 2001
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.
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.
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.
MEMORANDUM OF AGREEMENT
April 17, 2001
It is suggested that you carefully review the proposed Right -of -Way Deed and satisfy
you rself(seIves) 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 STEWART TITLE OF LUBBOCK, agent for
Stewart Title Guaranty 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.
The property owners fully understand the Texas Department of Transportation's
proposal as contained in this agreement and hereby acknowledge receipt of the
brochure entitled "Relocation Assistance." and understand that relocation assistance
benefits are handled entirely separate from and in addition to this transaction and agree
that their execution of the Right -of -Way Deed is based on this understanding.
Sincerely,
r �
isa Harrison, ProjectManager
Pinnacle Consulting
Management Group, Inc.
CITY OF LUBBOCK
Date: October 11, 2001
Windy Sitton, Wayor
ATTEST:
Reb.e ca Garza, City Secreta.
APPROVED AS TO CONTENT:_
4L, 6 t:::5�
Ed Bucy, Right-oofcWay Agent
1-75-6000590-6
FEI#
A OVED AS TO ORM:
3 �
o and:v T 7 irs ssiFInt
'11ity Attorney
Resolution No. 2001-R
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA . NEVADA • UTAH
County: Lubbock
Account No: 8005-1-20
CSJ No: 0380-01-053
Highway No: U. S. 82
Parcel No: 78, Part I
Grantor: City of Lubbock
EXHIBIT "A" - PART 1
Being 4.65 M2 (50.0 square feet) of land out of Section 1, Block E-2, Lubbock County, Texas, which
said tract of land was conveyed by Texas Tech University to the City of Lubbock by Warranty Deed
dated September 3, 1953, recorded in Volume 510, Page 63 of Deed Records of Lubbock County,
Texas, which said 4.65 M2 (50.0 square feet) of land is more particularly described as follows:
BEGINNING at an "X" on curb in the Southeast Right -of -Way line of U.S. Highway 82, for the
beginning point of this parcel, whence the Northeast corner of Section 1, Block E-2, bears North
02°23'17" East, 223.151 meters (732.12 feet) and South 87°37'26" East, 783.267 meters (2569.77
feet);
(1) THENCE South 11 ° 15'45" West, 4.310 meters (14.14 feet) to an "X" on curb, in the
Northeast line of Sixth Street for the most Southerly corner of this parcel;
(2) THENCE North 33°44'23" West, 3.048 meters (10.00 feet) to an "X" in concrete, in the
South Right -of -Way line of U.S. Highway 82, for the most Westerly corner of this parcel;
(3) THENCE North 56° 15'25" East, along the Southeast Right -of -Way line of U.S. Highway
82, a distance of 3.048 meters (10.00 feet) to the P.O.B., of which contains an area of 4.65 M2 (50.0
square feet).
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND SEPTEMBER, 1995
,ARV
o. �✓v! �s M,
GARY WILSON, R.P.L.S.
2-7of
Note: English units are provided for information only. PAR78a.DOC
(806) 7924731 e Fax (806) 792-1646 - 3330 70th Street, Suite 201 . Lubbock, Texas 79413
Resolution No. 2001-R
.. WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
County:
Lubbock
Account No:
8005-1-20
CSJ No:
0380-01-053
Highway No:
U.S. 82
Parcel No:
78, Part 1
Grantor:
City of Lubbock
15.911,11 -ply PMEff.-y"W
(A) Access to and from remaining property will not be permitted.
(B) Access to and from remaining property will be denied as follows:
BEGINNINGat a point in the proposed Right -of -Way line of U.S. Highway 82, whence the
Northeast corner of Section 1, Block E-2 bears North 02°23'17" East, 212.928 meters
(698.58 feet) and South 87°37'26" East, 774.428 meters (2540.77 feet);
THENCE South 56° 15'25" West, 10.119 meters (33.20 feet) to an "X" on curb in the
Southeast Right -of -Way line of U.S. Highway 82, for the beginning point of this parcel,
THENCE South 11 ° 15'45 " West, along Call No. 1 of the foregoing field note description,
4.310 meters (14.14 feet) to an "X" on curb, in the Northeast line of Sixth Street for the most
Southerly corner of this parcel and the end of this denied access line.
PAR78b.DOC
(806) 792-4731 . Fax (806) 792-1646 • 3330 70th Street, Suite 201 • Lubbock, Texas 79413
Resolution No. 2001-R
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
County:
Lubbock
Account No:
8005-1-20
CSJ No:
0380-01-053
Highway No:
U.S. 82
Parcel No:
78, Part 2
Grantor:
City of Lubbock
EXHIBIT "A" - PART 2
Being 70.19 M2 (755.6 square feet) of land out of Section 1, Block E-2, Lubbock County, Texas,
which said tract of land was conveyed by Texas Tech University to the City of Lubbock by Warranty
Deed dated September 3, 1953, recorded in Volume 510, Page 63 of Deed Records of Lubbock
County, Texas, which said 70.19 M2 (755.6 square feet) of land is more particularly described as
follows:
BEGINNING at an "X" on curb in the Southeast Right -of -Way line of U.S. Highway 82, for the
beginning point of this parcel, whence the Northeast corner of Section 1, Block E-2, bears North
02°23'17" East, 135.654 meters (445.06 feet) and South 87°37'26" East, 656.601 meters (2154.20
feet);
(1) THENCE South 33°44'54" East, 2.417 meters (7.93 feet) to a Railroad Spike, for a corner
of this parcel;
(2) THENCE Southwesterly along the arc of a curve to the left, whose radius is 575.116 meters
(1886.86 feet), an are length of 106.211 meters (348.46 feet) to an "X" on curb, a corner of this
parcel, said curve has a chord that bears South 61 °22'13" West, 106.062 meters (347.97 feet);
(3) THENCE Northeasterly along the North line of the City of Lubbock Coliseum Property as
recorded in Volume 510, Page 63 of the Deed Records of Lubbock County, Texas, and the arc of
a curve to the right, an are distance of 105.939 meters (347.57 feet) to the P.O.B., of which contains
an area of 70.19 M2 (755.6 square feet), said curve has a radius of 854.871 meters (2804.69 feet)
and a chord that bears North 60°04'01" East, 105.872 meters (347.35 feet).
PAR78ba.doc
(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 SEPTEMBER, 1995
STE
GARY D. WiLSn'd
GARY WILSON, R.P.L.S. .>�9"4239..
Note: English units are provided for information only.
PAR78ba.doc
2
(806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413
Resolution No. 2001-R
WILSON SURVEYING CO., INC. QQ5
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
County:
Lubbock
Account No:
8005-1-20
CSJ No:
0380-01-053
Highway No:
U.S. 82
Parcel No:
78, Part 2
Grantor:
City of Lubbock
EXHIBIT "B" - PART 2
Access will be permitted to the South remainder abutting the highway facility.
PAR78bb.D0C
1
(306) 792-4731 . Fax (606) 792-1646 . 3330 70th Street, Suite 201 ® Lubbock, Texas 79413
PARCEL No. 078
Resolution N0. 2001-R
TOTAL,Aft-A: 28398.17 M2 (305675.3 SQ.
PARr 1
R.O.W. ACQUISITION: 4.65 M2 (50.0 SQ. FT.)
PART 2
R.O.W. ACQUISITION: 70.19 M2 (755.6 SQ. FT.)
TOTAL ACQUISITION: 74.84 M2 (805.6 SQ. -FT.)
REMAINDER: 28323.33 M2 (304869.7 SQ. FT.)
'.0.B. S 33°44'54" E
4.E. COR. SEC. 1, X. 2.417 m (7.93')
iLK. E-2 BEARS oN sErRR.
4 2"23'17" E 13 .654 m _-
445.06') AND v 8 - - -o ♦ _ _•
87°37'26" E 6.601 m a o 0 0
2154.20') _
T 2 ° o
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/: JJ E
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Q Ott -- � ,, zt.t•
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2 Do CL
Ur 11 �Cx
$ R = 854.871 m
(2804.69')
V) L = 3.868 m (12.69') ~
CH. BRG. = S 56°23'16' W
$ 3.868 m (12.69')
Im
11"15'4s" W
.310 m(14.14')
$ART 1=' Y"C. (1 10. 13')
(10.0') SIXTH STREET
0 ♦
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0 M
0 0
0 •
0
. LEGAL DESCRIPTION
A 2.841(7.02 Ac. ) TRACT
OUT OF ION 1, BLOCK E-:
VOL. 510, P. 63
S
CITY OF LUBBOCK
COLISEUM
COME= or Om
M L510 Am
0
0
0 0
SCALE = 1:600
-III-
CONTROL OF ACCESS UNE
----+--?ROP. R.O.W.
MT. R.O.W.
ONTROL OF ACCESS
• - -ON ELEC-O/H ELEC. UNE
-OH TELE /H TELE. UNE
■PROP. R.O.W. MON.
•SET PROPERTY COR.
OFOUND PROPERTY COR.
OMONTIORING WELL
OMANHOLE
eCLEAHOUT
®WATER VALVE
WTELE. BOX
OPOWER POLE
OUGHT POLE
OFIRE HYDRANT
-SIGN
-GUY ANCHOR
OTREE
♦TREE
P.O.B. 62.368 m (204.62'RT.
N.E. COR. SEC. 1, STA. 12+071.320 NOTESBASIS: BEARINGS:
BLK. E-2 BEARS BEARINGS ARE GRID BEARINGS BASED ON INTERSTATE
N 2"23' 17" E 223.151 m 27 CONTROL POINTS AS ESTABLISHED BY TXDOT FROM
(732.12') AND LAMBERT GRID SYSTEM, NAD 27, TEXAS NORTH CENTRAL
S 87"37.26°' E 783.267 m A LEGAL DESCRIPTION OF EVEN SURVEY DATE ZONE.
(2569.77°) �S OF y� HEREWITH ACCOMPANIES THIS PLAT. ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY.
qP; o,e Te'y,'1y SURVEYED ON THE GROUND TOBER 1995
yea fat DIST. NAME PLAT OF SURVEY COUNTY
"°"""" LUBBOCK OF PROPERTY LUBBOCK
.. GARY 0... .. OF
........
PC. 63
REGISTERED PR SSI NAL LANG SURVEYOR ACCOUNT NO.
CM y�� UDIOCK E cc
J.,S6.o,do
Z - "jQ - qep , 8005-01-20 CSJ 038S.0-01-053 0CT06Dt, 1995
U.
o.
E F PART 2
S 33.44'54•' E a oN
O1•
o as 106.019 m
(347.93') z �+
o103.632 m (340.01
R R" 2.417 m
N
=573.116
o .46106211 mm
(348.
EE 3= ')
2.841 ha
u
(7.02 AC.)
0=13.56.25",
W
La196.301 m
E^ ^E H
(644.04•)
n
„ ♦ "r 200.76')
61.192 m
N 33.44'23" W
3.018 m
(to)
SIXTH
ST.
PART 1
CITY OF LUBBOCK
COLISEUM
COME= or Om
M L510 Am
0
0
0 0
SCALE = 1:600
-III-
CONTROL OF ACCESS UNE
----+--?ROP. R.O.W.
MT. R.O.W.
ONTROL OF ACCESS
• - -ON ELEC-O/H ELEC. UNE
-OH TELE /H TELE. UNE
■PROP. R.O.W. MON.
•SET PROPERTY COR.
OFOUND PROPERTY COR.
OMONTIORING WELL
OMANHOLE
eCLEAHOUT
®WATER VALVE
WTELE. BOX
OPOWER POLE
OUGHT POLE
OFIRE HYDRANT
-SIGN
-GUY ANCHOR
OTREE
♦TREE
P.O.B. 62.368 m (204.62'RT.
N.E. COR. SEC. 1, STA. 12+071.320 NOTESBASIS: BEARINGS:
BLK. E-2 BEARS BEARINGS ARE GRID BEARINGS BASED ON INTERSTATE
N 2"23' 17" E 223.151 m 27 CONTROL POINTS AS ESTABLISHED BY TXDOT FROM
(732.12') AND LAMBERT GRID SYSTEM, NAD 27, TEXAS NORTH CENTRAL
S 87"37.26°' E 783.267 m A LEGAL DESCRIPTION OF EVEN SURVEY DATE ZONE.
(2569.77°) �S OF y� HEREWITH ACCOMPANIES THIS PLAT. ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY.
qP; o,e Te'y,'1y SURVEYED ON THE GROUND TOBER 1995
yea fat DIST. NAME PLAT OF SURVEY COUNTY
"°"""" LUBBOCK OF PROPERTY LUBBOCK
.. GARY 0... .. OF
........
PC. 63
REGISTERED PR SSI NAL LANG SURVEYOR ACCOUNT NO.
CM y�� UDIOCK E cc
J.,S6.o,do
Z - "jQ - qep , 8005-01-20 CSJ 038S.0-01-053 0CT06Dt, 1995
U.
TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the
'12.,dtiay of + , 2001,
by }�a.�- C 4 •.elo�ll , Ui cr- nu c�/lar.l of Texas Tech Unive sity, on behalf
of said university. lrckcr•.( (-s.•ase(
y
.►�� ^�� dEipdifER s Hoath Not Public ' and for
*� T tate of Texas
'3 Comndsslon Exptr•s:
opz AUGUST 20
TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the day of ��6 \ l) , 2001,
by9i-1 �U a 0r of the City of Lubbock, a municipal
corporation, on behal of said municipality.
"••��, SYLVIA H. REYES
Notary Pubk, State of Texas
My Commission Expires
-�, . ••' ik-23-02
i "- k -
Notary(Public in and for
The State of Texas
800 -modification of reverter clause/jh/jt/08-13-01
Resolution No. 2001-R 0390
EXHIBIT "A" - PART 1
Being 4.65 M2 (50.0 square feet) of land out of Section 1, Block E-2, Lubbock County, Texas, which
said tract of land was conveyed by Texas Tech University to the City of Lubbock by Warranty Deed
dated September 3, 1953, recorded in Volume 510, Page 63 of Deed Records of Lubbock County,
Texas, which said 4.65 M2 (50.0 square feet) of land is more particularly described as follows:
BEGINNING at an "X" on curb in the Southeast Right -of -Way line of U.S. Highway 82, for the
beginning point of this parcel, whence the Northeast corner of Section 1, Block E-2, bears North
02°23'17" East, 223.151 meters (732.12 feet) and South 87°37'26" East, 783.267 meters (2569.77
feet);
(1) THENCE South 11'15'45" West, 4.310 meters (14.14 feet) to an "X" on curb, in the
Northeast line of Sixth Street for the most Southerly corner of this parcel;
(2) THENCE North 33°44'23" West, 3.048 meters (10.00 feet) to an "X" in concrete, in the
South Right -of -Way line of U.S. Highway 82, for the most Westerly corner of this parcel;
(3) THENCE North 56'15'25" East, along the Southeast Right -of -Way line of U.S. Highway
82, a distance of 3.048 meters (10.00 feet) to the P.O.B., of which contains an area of 4.65 M2 (50.0
square feet).
THE STATE OF TEXAS
COUNTY OF LUBBOCK
MODIFICATION OF REVERTER CLAUSE
Resolution No. 2001-RO390
On August 15, 1953, Texas Tech University, formally known as Texas Technological
College and hereinafter called Grantor, granted and conveyed certain title and easement real
property interests to the City of Lubbock, hereinafter called Grantee, such property being more
particularly described in warranty deed recorded in volume 510, page 64, Deed Records of
Lubbock County, Texas. In that Deed, Grantor retained a reverter clause relating to use of the
property by Grantee for auditorium - coliseum purposes.
Grantor and Grantee desire to modify and amend the reverter clause terms.
Now, therefore, in consideration of Ten Dollars ($10) and other good and valuable
consideration, it is hereby agreed that the reverter (abandonment) clause on page 66 is modified
by adding the following:
Title to the property described in Exhibit "A", attached hereto and incorporated
herein for legal description (hereinafter called the "Property"), and only such
Property, shall revert to Texas Tech University should both Grantee and the Texas
Department of Transportation permanently abandon the Property for auditorium -
coliseum and highway -city street purposes.
Except as modified hereby, the provisions of the Deed including its reverter clause shall
continue in full force and effect.
Date: t �" 1
GRANTOR:
Texas Tech University
By:
PA Cahipbell
Vice Chancellor - General Counsel
APPROVED AS TO CONTENT:
, �7 1 �%
k—c
Ed; -Bucy, Right -7 -Way b4ent
Date: October 11, 2001
GRANTEE:
City of Lubbock
By:
oylu` ja
Signature
WINDY' S I;TTON
Printed Name MAYOR
Title
ATTEST:
•Garza, City Sec- tar
ncild Vandiver, First Assistant ;� c
City Atrt<o?4i& 800 -modification of reverter clause/jh/jt/08-13-01
S
EXHIBIT "A" -PART 2 Resolution No. 2001-R 0390
Being 70.19 M2 (755.6 square feet) of land out of Section 1, Block E-2, Lubbock County, Texas,
which said tract of land was conveyed by Texas Tech University to the City of Lubbock by Warranty
Deed dated September 3, 1953, recorded in Volume 510, Page 63 of Deed Records of Lubbock
County, Texas, which said 70.19 M2 (755.6 square feet) of land is more particularly described as
follows:
BEGINNING at an "X" on curb in the Southeast Right -of -Way line of U.S. Highway 82, for the
beginning point of this parcel, whence the Northeast corner of Section 1, Block E-2, bears North
02°23'17" East, 135.654 meters (445.06 feet) and South 87°3726" East, 656.601 meters (2154.20
feet);
(1) THENCE South 33°4454" East, 2.417 meters (7.93 feet) to a Railroad Spike, for a corner
of this parcel;
(2) THENCE Southwesterly along the arc of a curve to the left, whose radius is 575.116 meters
(1886.86 feet), an arc length of 106.211 meters (348.46 feet) to an "X" on curb, a corner of this
parcel, said curve has a chord that bears South 61 °22'l3" West, 106.062 meters (347.97 feet); .
(3) THENCE Northeasterly along the North line of the City of Lubbock Coliseum Property as
recorded in Volume 510, Page 63 of the Deed Records of Lubbock County, Texas, and the are of
a curve to the right, an arc distance of 105.939 meters (347.57 feet) to the P.O.B., of which contains
an area of 70.19 M2 (755.6 square feet), said curve has a radius of 854.871 meters (2804.69 feet)
and a chord that bears North 60°04'01" East, 105.872 meters (347.35 feet).
Texas Department of Transportation Resolution No. 2001-R 0390
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
DEED Acct No. 8005-1-20
Controlled Access Highway Facility Parcel No. 78
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, CITY OF LUBBOCK, TEXAS 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 ELEVEN THOUSAND TWO
HUNDRED FIVE AND N0/100 DOLLARS ($11,205.00) 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.
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 -DOT, ROW 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
Form D-15-12 (Partial Taking)
Paie 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 October , 2001.
11th -
CITYOFLUBBOCK, TEXAS ATTEST:
Rebecca Garza, Ci y Secretary
Windy Sitton, M yor APPROVED AS TO CONTENT: VED AS TO FORM•
au
Ed Bucy, Right -d ay -Agent Va*r ve*r i r
City Attorney
CORPORATE ACKNOWLEDGMENT
THE STATE OF Texas
COUNTY OF Lubbock
This instrument was acknowledged before me on (7V a , n200 1 by W I NDY S I TTON
faa yo r of the City of Lubbock, a Municipal corporation, on behalf of said corporation.
►0.� Sly N. REYES �i u, - .
24
Notary'Public, State of Texas
W emission Expires Notaryublic, State of Texas
�• 04' 2 o� da
;��. ••'� My Commission on the y of
20 Q
day
Resolution No. 2001-R 0390
. WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO ARIZONA • NEVADA UTAH
County: Lubbock
Account No: 8005-1-20
CSJ No: 0380-01-053
Highway No: U.S. 82
Parcel No: 78, Part 1
Grantor: City of Lubbock
EXHIBIT "A" - PART 1
Being 4.65 M2 (50.0 square feet) of land out of Section 1, Block E-2, Lubbock County, Texas, which
said tract of land was conveyed by Texas Tech University to the City of Lubbock by Warranty Deed
dated September 3, 1953, recorded in Volume 510, Page 63 of Deed Records of Lubbock County,
Texas, which said 4.65 M2 (50.0 square feet) of land is more particularly described as follows:
BEGINNING at an "X" on curb in the Southeast Right -of -Way line of U.S. Highway 82, for the
beginning point of this parcel, whence the Northeast corner of Section 1, Block E-2, bears North
02°23'17" East, 223.151 meters (732.12 feet) and South 87°37'26" East, 783.267 meters (2569.77
feet);
(1) THENCE South 11 ° 15'45" West, 4.310 meters (14.14 feet) to an "X" on curb, in the
Northeast line of Sixth Street for the most Southerly corner of this parcel;
(2) THENCE North 33°4423" West, 3.048 meters (10.00 feet) to an "X" in concrete, in the
South Right -of -Way line of U.S. Highway 82, for the most Westerly corner of this parcel;
(3) THENCE North 56'15'25" East, along the Southeast Right -of -Way line of U.S. Highway
82, a distance of 3.048 meters (10.00 feet) to the P.O.B., of which contains an area of 4.65 M2 (50.0
square feet).
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND SEPTEMBER, 1995
:iFiRV D�W!L.ii'
a _. .421g
GARYWILSON, R.P.L.S.
Note: English units are provided for information only. PAR78a.DOC
(806) 792-4731 • Fax (806) 792-1646 - 3330 70th Street, Suite 201 • Lubbock, Texas 79413
. Resolution No. 2001-80390
.. WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS NEW MEXICO ARIZONA NEVADA UTAH
County: Lubbock
Account No: 8005-1-20
CSJ No: 0380-01-053
Highway No: U.S. 82
Parcel No: 78, Part l
Grantor: City of Lubbock
EXHIBIT "B" - PART 1
(A) Access to and from remaining property will not be permitted.
(B) Access to and from remaining property will be denied as follows:
BEGINNINGat a point in the proposed Right -of -Way line of U.S. Highway 82, whence the
Northeast corner of Section 1, Block E-2 bears North 02°23'17" East, 212.928 meters
(698.58 feet) and South 87°3726" East, 774.428 meters (2540.77 feet);
THENCE South 56° 15'25" West, 10.119 meters (33.20 feet) to an "X" on curb in the
Southeast Right -of -Way line of U.S. Highway 82, for the beginning point of this parcel,
THENCE South 1 l ° 15'45" West, along Call No. 1 of the foregoing field note description,
4.310 meters (14.14 feet) to an "X" on curb, in the Northeast line of Sixth Street for the most
Southerly corner of this parcel and the end of this denied access line.
PAR78b.DOC
I
(806) 792-4731 • Fax (806) 792-1646 • 3330 70th Street, Suite 201 . Lubbock, Texas 79413
Resolution No. 2001-RO390
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
County:
Lubbock
Account No:
8005-1-20
CSJ No:
0380-01-053
Highway No:
U.S. 82
Parcel No:
78, Part 2
Grantor:
City of Lubbock
EXHIBIT "A" - PART 2
Being 70.19 M2 (755.6 square feet) of land out of Section 1, Block E-2, Lubbock County, Texas,
which said tract of land was conveyed by Texas Tech University to the City of Lubbock by Warranty
Deed dated September 3, 1953, recorded in Volume 510, Page 63 of Deed Records of Lubbock
County, Texas, which said 70.19 M2 (755.6 square feet) of land is more particularly described as
follows:
BEGINNING at an "X" on curb in the Southeast Right -of -Way line of U.S. Highway 82, for the
beginning point of this parcel, whence the Northeast corner of Section 1, Block E-2, bears North
02°23'17" East, 135.654 meters (445.06 feet) and South 87°3726" East, 656.601 meters (2154.20
feet);
(1) THENCE South 33°44'54" East, 2.417 meters (7.93 feet) to a Railroad Spike, for a corner
of this parcel;
(2) THENCE Southwesterly along the arc of a curve to the left, whose radius is 575.116 meters
(1886.86 feet), an arc length of 106.211 meters (348.46 feet) to an "X" on curb, a corner of this
parcel, said curve has a chord that bears South 61 °22'l3" West, 106.062 meters (347.97 feet);
(3) THENCE Northeasterly along the North line of the City of Lubbock Coliseum Property as
recorded in Volume 510, Page 63 of the Deed Records of Lubbock County, Texas, and the arc of
a curve to the right, an arc distance of 105.939 meters (347.57 feet) to the P.O.B., of which contains
an area of 70.19 M2 (755.6 square feet), said curve has a radius of 854.871 meters (2804.69 feet)
and a chord that bears North 60°04'01" East, 105.872 meters (347.35 feet).
PAR78ba.doc
(806) 792-4731 • Fax (806) 792-1646 • 3330 70th Street, Suite 201 • Lubbock, Texas 79413
® M
s�'�r�
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 SEPTEMBER, 1995
GARYP). WILSON, R.P.L.S.
z-7-01
Note: English units are provided for information only.
PAR78ba.doc
2
,GARY D. WILSON
X4239 �'
.. '4.
(806) 792-4731 • Fax (806) 792-1646 • 3330 70th Street, Suite 201 • Lubbock, Texas 79413
Resolution No. 2001-RO390
WILSON SURVEYING CO. INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
County:
Lubbock
Account No:
8005-1-20
CSJ No:
0380-01-053
Highway No:
U.S. 82
Parcel No:
78, Part 2
Grantor:
City of Lubbock
EXHIBIT "B" - PART 2
Access will be permitted to the South remainder abutting the highway facility.
PAR78bb. DOC
1
(806) 792-4731 . Fax (806) 792-1646 • 3330 70th Street, Suite 201 . Lubbock, Texas 79413
PARCEL No. 078
TOTAS,,MtM: 28398.17 M2 (305675.3 SO.
PARR.
TT l'
R.O.W. ACQUISITION: 4.65 M2 (50.0 SO. FT.)
PART 2
R.O.W. ACQUISITION: 70.19 M2 (755.6 SQ. FT.)
TOTAL ACQUISITION: 74.84 M2 (805.6 SO. -FT.)
REMAINDER: 28323.33 M2 (304869.7 SQ. FT.)
'.O.B. S 33°44'54" E
4.E. COR. SEC. 1, X. 2.417 m (7.93')
3LK. E-2 BEARS - SET Ra. Spn
! 2.23'17" E 13 .654 m
445.06') AND f■ a ' - ro • -
87.37'26" E 6.601 m to 0 0 0
21$4.20') v
0 2
0 0
0
-•
0
0 w
.0 0
O•
0
LEGAL DESCRIPTION
A 2.841(7.02 Ac. ) TRACT
OUT OF ION 1, BLOCK E-;
VOL 510, P. 63
7»- CITY OF LUBBOCK
?' COLISEUM
rCHL
=R 854.871 m
(2804.69')
= 3.868 m (12.69')
BRG. = S 56°23'16' W
3.868 m (12.69')
E
m
3�
S 11.15'45" W
4.310 m (14.14')
PART i
MIFASIN
0
0
0 0
SIXTH STREET
SCALE - 1:600
_10---
CDNrNL Of ACCESS {RIE
R.O.W.
---CXIST. R.O.W.
III --CONTROL OF ACCESS
♦ --ON CLEC-O/H ELEC. UNE
ON TELE-O/H TELNE
■PROP. L UR.O.W. YON.
*SET PROPERTY COR.
WOUND PROPERTY COR,
OMONTIORINO WELL
OMANHOLE
6CLEANOUT
m:WATER60VALVE
TELL X
OPOWER POLE
O LIGHT POLE
.FIRE HYDRANT
SIGN
-GUY ANCHOR
OTREE
•TREE
P.0.8.62.368 m62.368 m(204 62' RT. NOTES:
N.E. COR. SEC. 1, STA. 12+071.320 BASIS OF BEARINGS:
BLK. E-2 BEARS BEARINGS ARE GRID BEARINGS BASED ON INTERSTATE
N 2'23' 17" E 223.151 m 27 CONTROL POINTS AS ESTABLISHED BY TXOOT FROM
(732.12') AND - LAMBERT GRID SYSTEM. HAD 27. TEXAS NORTH CENTRA!
A LEGAL DESCRIPTION OF EVEN SURVEY DATE ZONE.
S 67'37.26" E 783.267 m HEREWITH ACCOMPANIES THIS PLAT. ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY.
2$69.77') .'-` }fes F�. SURVEYED ON THE GROUND7LT5,
ER t99S
f;�•'.':a•'t� DISI. NAME PLAT OF SURVEY CoUNfY
wlfeocl: OF PROPERTY weeoa(
QAR1f O. VAlAON or
.(�� 4270 ;f4 REGISTERED PR SS NAL LAND SURVEYOR ACCOUHi' N0. v T'r or Lv6•oe3 _ W OF AW
~� s R'I'l- I Z - 30 . q'Qj . 8005-01-2o Isi 0380-01-M OElomx 1195
U.S. 82
S.,
®
S E^
E E_ PART 2
w•S 33o !
E4710.049 nzh
'"
�l•v'
3 03
].632 m10
"(340.0
'.q■��E
2.41 7
��a■y„
-
31
a^o
2.84•') 1
_N
"E"
(7.02 Ac.)
S
0- 1356.26•'.
u
L-196.304 m
E,..,iO
(644.04')
n
(200.76•) "
L�� z 41.192 n,
33.44.23" W
3.046 m
(to-)
SIXTH
ST.
PART i
7»- CITY OF LUBBOCK
?' COLISEUM
rCHL
=R 854.871 m
(2804.69')
= 3.868 m (12.69')
BRG. = S 56°23'16' W
3.868 m (12.69')
E
m
3�
S 11.15'45" W
4.310 m (14.14')
PART i
MIFASIN
0
0
0 0
SIXTH STREET
SCALE - 1:600
_10---
CDNrNL Of ACCESS {RIE
R.O.W.
---CXIST. R.O.W.
III --CONTROL OF ACCESS
♦ --ON CLEC-O/H ELEC. UNE
ON TELE-O/H TELNE
■PROP. L UR.O.W. YON.
*SET PROPERTY COR.
WOUND PROPERTY COR,
OMONTIORINO WELL
OMANHOLE
6CLEANOUT
m:WATER60VALVE
TELL X
OPOWER POLE
O LIGHT POLE
.FIRE HYDRANT
SIGN
-GUY ANCHOR
OTREE
•TREE
P.0.8.62.368 m62.368 m(204 62' RT. NOTES:
N.E. COR. SEC. 1, STA. 12+071.320 BASIS OF BEARINGS:
BLK. E-2 BEARS BEARINGS ARE GRID BEARINGS BASED ON INTERSTATE
N 2'23' 17" E 223.151 m 27 CONTROL POINTS AS ESTABLISHED BY TXOOT FROM
(732.12') AND - LAMBERT GRID SYSTEM. HAD 27. TEXAS NORTH CENTRA!
A LEGAL DESCRIPTION OF EVEN SURVEY DATE ZONE.
S 67'37.26" E 783.267 m HEREWITH ACCOMPANIES THIS PLAT. ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY.
2$69.77') .'-` }fes F�. SURVEYED ON THE GROUND7LT5,
ER t99S
f;�•'.':a•'t� DISI. NAME PLAT OF SURVEY CoUNfY
wlfeocl: OF PROPERTY weeoa(
QAR1f O. VAlAON or
.(�� 4270 ;f4 REGISTERED PR SS NAL LAND SURVEYOR ACCOUHi' N0. v T'r or Lv6•oe3 _ W OF AW
~� s R'I'l- I Z - 30 . q'Qj . 8005-01-2o Isi 0380-01-M OElomx 1195
U.S. 82
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. Hector Serna, Jr.
P.O. Box 771
Lubbock, Texas 79408-0771
Parcel No.
County
Highway No.
CSJ No.
Account or Federal No.
Limits:
78
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
DEED
Controlled Access Highway Facility
Grantors: City of Lubbock
To The State of Texas, Austin, Texas
CERTIFICATE OF RECORDING