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Home My WebLink AboutResolution - 2002-R0068 - Partial Release And Cancellation Of Lease - Texas Tech University - 02/28/2002Resolution No. 2002-R0068 February 28, 2002 Item No. 21 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 Partial Release and Cancellation of Lease between the City of Lubbock and Texas Tech University, and any other related documents. Said Release is 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 this 28th day of February 2002. WINDY SITT , MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy Right -Of -Way Agent arry Hertel City Engineer APPROVED AS TO FORM: Richard K. Casner Natural Resources Attorney RKC:cp Ccdoes/TTU-COL-PartialReleaseCancellation.Res February 15, 2002 Resolution No. 2002-R 0068 February 28, 2002 Item No. 21 PARTIAL RELEASE AND CANCELLATION OF LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This mutual Partial Release and Cancellation of Lease, effective as of 28th day of February 2002,_is between Texas Tech University (hereinafter "the University") and the City of Lubbock (hereinafter referred to as "the City"). I. DEFINITIONS LEASE. The agreement entered into by the University and the City on or about April 9th, 1981 and recorded in Volume 1760 beginning on page 437 of the deed records of Lubbock County, Texas. LEASE PREMISES. The tract of land in Lubbock County, Texas described in the lease, and more specifically described in Exhibit 1 attached hereto and incorporated herein. CONSIDERATION. In return for the City's agreement to cancel a portion of the lease and release that portion of the leased premises and in return for the University's agreement to cancel the lease for that portion of land being described in Exhibit 2 attached hereto and incorporated herein, and in return for the University's agreement to release the City from its obligations under the lease for that portion of land described in Exhibit 2. II. MUTUAL PARTIAL RELEASE AND CANCELLATION OF LEASE For the consideration set forth herein, and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to cancel the lease as to the portion of property identified in Exhibit 2 and release both parties from their obligations under the lease with respect to that portion of property only. The City hereby releases, conveys, transfers, assigns and delivers to the University, its successors and assigns, forever, subject to the grant and reservation below, all interest and rights in the property identified in Exhibit 2. 1. Notwithstanding anything to the contrary herein, this Partial Release and Cancellation of Lease shall not limit or restrict the use of the lands described in Exhibit 2 of this Partial Release and Cancellation of Lease by the public, as a public street, roadway or thoroughfare. In the event that the State of Texas shall not have constructed the "Marsha Sharp Freeway" (sometimes also called the "East-West Freeway") and utilized the lands released from the Lease, as set forth herein, or before fifteen (15) years from the effective date of this Partial Release and Cancellation of Lease, this Partial Release and Cancellation of Lease shall be null and void and the University and City shall duly execute and record an Amendment of the Lease, adding the lands released hereby to the leased premises of said Lease, effective the date of the execution of this Partial Release and Cancellation of Lease by the City. The duties of the University and the City regarding the Amendment of the Lease described herein shall be ministerial in nature. 2. Notwithstanding anything to the contrary herein, this Partial Release and Cancellation of Lease shall have no effect on any easements and/or rights-of-way previously granted by the University, in favor of the City or public, under any instrument or plat. 48rev/JH/jt/121800 This Mutual Partial Release and Cancellation of Lease shall be binding upon the parties, their successors and assigns. III. ADDITIONAL AGREEMENTS This Mutual Partial Release and Cancellation of Lease will be governed by and construed in accordance with the laws of the State of Texas. Venue and jurisdiction over this matter shall reside in Lubbock, Lubbock County, Texas. The foregoing sentence shall not, however, be construed as a waiver by either party hereto of any immunity available to it under Texas Law. If any parts or parts of this Mutual Partial Release and Cancellation of Lease are determine to be invalid or unenforceable under applicable law, the remaining portions shall remain valid and in full force and effect. Approved as to content: Ed Bucy Right -of -Way Agent THE STATE OF TEXAS THEC Y O1 FAL BOCK By: il� Windy Si , Mayor Approved as to Form: �'�— Richard K. Casper NatuTelptl Resources Attorney C' d -y S COUNTY OF LUBBOCK § LLThis instrument was acknowledged before me on this, the day of 2000, by Windy Sitton, as Mayor of the City of Lubbock. %"�" •� SYLVIA H. REY'ES Notary Pubk, State of Texas •. My Com/�mission+Expires 04-23-02 THE STATE OF TEXAS COUNTY OF LUBBOCK N Bary Public, State of Texas TEXAS T CH UNIVER T r By: Davi J. Schmidly, President This instrument was acknowledged before me on this, the day of JQTCk , 2000, by David J. Schmidly as President of Texas Tech University. r RQUALD PHILLIPS N F N4tarY Public, State of Texas ��iTFOFtE�� MY Commission Expires D3-20-03 Notary Public, State of Texas 48rev/JH/jt/121800 F Resolution No. 2002-R0068 Exhibit l FIELD NOTES for a 11.742 acre tract of land located in Section 1, Block E-2, Lubbock, County, Texas, described by metes and bounds as follows: BEGINNING at a railroad spur spike found for the Northeast corner of Section 1, Block E-2, Lubbock County, Texas; THENCE S. 89°59'21" W., along the North line of said Section 1, Block E-2, a distance of 114.70 feet to a point; THENCE S. 00°01' E. a distance of 54.22 feet to a point; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 9P31'47", a chord distance of 3 5. 11 feet: THENCE S. 01030'47" W. a distance of 404.73 feet; THENCE S. 04026'25" W. a distance of 150.48 feet; THENCE S. 00°11'03" E. a distance of 125.02 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90°04'41", a chord distance of 34.67 feet; THENCE S. 00006'22" E. a distance of 49.00 feet; THENCE N. 89053'38" E. a distance of 12.03 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 89°57'48", a chord distance of 34.64 feet; THENCE S. 00008'34" E. a distance of 230.01 feet; THENCE S. 03030'08" E. a distance of 200.35 feet; THENCE S. 00007'48" E. a distance of 921.50 feet; THENCE S. 03° 10' 17" W. a distance of 200.30 feet; THENCE S. 00006'05" E. a distance of 187.03 feet; THENCE S. 06038'21" W. a distance of 100.72 feet; THENCE S. 00003'57" E. a distance of 107.01 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 89°44'22". a chord distance of 34.57 feet; al017 metes & bounds 1 Exhibit 1 THENCE S. 00°19'35" E. a distance of 60.90 feet; THENCE N. 89040'25" E. a distance of 11.37 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90° 11'36". a chord distance of 34.71 feet; THENCE S. 00007'59" E. a distance of 586.96 feet; THENCE S. 03057'37" W. a distance of 150.40 feet; THENCE S. 00008'53" E. a distance of 175.02 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90°02'43", a chord distance of 34.66 feet; THENCE S. 00"06'10" E. a distance of 35.00 feet; THENCE N. 89053'50" E. a distance of 10.80 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90°02'56", a chord distance of 34.66 feet; THENCE S. 00009'03" E. a distance of 370.58 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 89°5656", a chord distance of 34.63 feet; THENCE S. 00"12'07" E. a distance of 29.00 feet to a point on a curve; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90°03'04", a chord distance of 34.66 feet; THENCE S. 00009'03" E. a distance of 20.00 feet; THENCE S. 01°16'02" W. a distance of 250.07 feet; THENCE S. 01024'50" E. a distance of 240.01 feet; THENCE S. 09046'15" W. a distance of 111.76 feet; THENCE S. 00005'17" E. a distance of 302.93 feet to a point in the South line of Section 1, Block E-2; THENCE N. 89059'20" E., along the South line of said Section 1, a distance of 108.94 feet to a railroad spike found for the Southeast corner of said Section 1, Block E-2; a1017 metes & bounds 2 Exhibit 1 THENCE N. 00000'29" E., along the East line of said Section 1, Block E-2, a distance of 4493.25 feet to a point where the said Section line crosses the West boundary line of Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 00009'12" W., along the West boundary line of Lot 13 and Lot 12, Block 132, Overton Addition and Lot 13 and Lot 12, Block 133, Overton Addition, a distance of 742.17 feet to the Northwest corner of said Lot 12, Block 133, Overton Addition; THENCE N. 86024'47" E., a distance of 2.10 feet to a point which is in the East line of Section 1, Block E-2; THENCE N. 00000'29" E., a distance of 44.58 feet to the Place of Beginning. a1017 metes & bounds 3 I ` N 86°31'26" W 92.37 "FD. 1" PIPE I I ALLEY BEARINGS ARE GRID BEARINGS BASED ON INTERSTATE 27 CONTROL POINTS AS ESTABLISHED BY TXDOT FROM NO ATTEMPT HAS BEEN MADE AS A PART OF THIS BOUNDARY SURVEY TO OBTAIN OR SHOW LAMBERT GRID SYSTEM, HAD 27, TEXAS NORTH CENTRAL DATA CONCERNING EXISTENCE, SIZE, DEPTH, CONDITION, CAPACITY, OR LOCATION OF ANY ZONE. UTILITY OR MUNICIPAL/PUBLIC SERVICE FACILITY. FOR INFORMATION REGARDING THESE UTILITIES OR FACILITIES, PLEASE CONTACT THE APPROPRIATE AGENCIES OR OTHER SURVEYS. This survey and all information ,hereon is for the exclusive use of -- ------ TEXAS TECH UNIVERSITY — — — — — — — — — — — — — and shall not be copied or used except for the purpose for w E.O: T� it is expressly furnished. This drawing and all copies (partial4P�y�sric`9�9 complete) shall be returned to the owner upon demand. t�� o,N d4RY D. WILSON .................°... 0 Registered r es on an Surveyor oo�'9�•.� 4239 6�f••C g.�.aEBsy WILSON SUR YING-.,.CO. , Registered Professional Land Surveyors ° Global Positioning' System Surveyors 3330 70th ST. SUITE 201 * LUBBOCK, TX. 79413 1713. 412, P. 70 (806) 792-4731 * FAX (806) 792-1646 34,021 " � FLAT OF SURVEY Exhibit 2 ON A 0.50 ACRE TRACT OF LAND OUT OF Resolution No. 2002-ROO68 SECTION 1, BLOCK E-2, LUBBOCK COUNTY, TEXAS S 87°37'26" EJ 3 N PIKE SEC. 1 N 2 3 ` 4th M Street�0(Vol. 480, Pg. 658) NN SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT e oSEARCH FOR EASEMENTS OF RECORD, ENCUMBRANCES, " W RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, z R = 24.50'�' OR ANY OTHER FACTS WHICH AN ACCURATE AND CURRENT L = 39.14' "W" FD. ^x" TITLE SEARCH MAY DISCLOSE. A = 91°31'47"CONC. ON CONC. EXIST R35. BRG. = N 41°51'53 0 N 87°56'37" W M y STSs I FD. "X" , ON CONC. N O� Os` � I n � } I MiD ..i t 1 G) ro O W it 1 / O w ^ C ; Exhibit 2 Resolution No. 2002—R 0068 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global `Positioning System Surveyors TEXAS •` NEW MEXICO ARIZONA • NEVADA • UTAH DESCRIPTION OF A 0.50 ACRE TRACT OF LAND OUT OF SECTION 1, BLOCK E-2, LUBBOCK COUNTY, TEXAS BEGINNING at a railroad spike, found in the intersection of 4th Street and University Avenue for the Northeast comer of Section 1, Block E-2, Lubbock County, Texas and for the Northeast and beginning comer of this tract; THENCE South 02023'17" West, along the East', line of said Section 1, Block':E-2, 44.86 feet to a an "X", found in the South line of said 4' Street for a comer of this tract; THENCE South 88056'04" West, along the South line of said 4th Street, 2.24 feet to an "X", found in the East line of said University Avenue for a comer of this tract; THENCE South 02012'51" West, along the East line of said University Avenue, 182.08 feet to a 1" iron pipe, found for the Southeast corner of this tract; THENCE North 86031'26" West, 92.37 feet to an'"X", set in the West line of said University Avenue for the Southwest comer of this tract; THENCE North 03054'00" East, along the West line of said University Avenue, 145.98 feet to an "X", set for a comer of this tract; THENCE Northwesterly, along a curve to the left, an arc distance of 39.14 feet to an "X", set in said 4t" Street, said curve has a radius of 24.50 feet, a central angle of 91031'47" and chord that bears North 41 °51'53" West, 35.11 feet; ..THENCE North 02°22'13" East, 54.22'feet to a P.K. nail and shiner, set in said 4th Street and the North line of.said Section 1, Block E-2 for the Northwest comer of this tract; THENCE South 871,37'26" East, along the North Iine of said Section 1, Block E-2, 114.70 feet to the point of beginning of which contains an area 'of 0.50 acres. Bearings are grid bearings based on Interstate 27 control points as established by TXDOT from Lambert Grid System, Nad27, Texas North Central Zone. p F �Q�•s0� s i,**- •°� .................... REGISTERED PR SSIONAL LAND SURVEYOR Wim. wWILSON..` �A� . ..4239 pyo q- DATE: 10727-00 st!"a��' # ,021 Univ.doc (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413