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Home My WebLink AboutResolution - 2015-R0206 - Letter Of Acceptance - TXDOT - Real Property - 06/11/2015No. 7.5 11, 2015 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is authorized and directed, for and on behalf of the City of Lubbock, to execute a letter of acceptance from the State of Texas, by and through the Texas Department of Transportation, and all other documents related and necessary to effectuate the purpose of said letter of acceptance, in connection with a certain 1.22 acre tract of real property located along Santa Fe Drive in Section 20, Block A, conveyed to the State of Texas and recorded in Quitclaim Deed, Volume 6729, Page 1, Real Property Records, Lubbock County, Texas, and further described by exhibit attached hereto. Said letter of acceptance is attached hereto and incorporated in this Resolution as if fully set forth herein, and shall be included in the minutes of the City by the City Council on June 15, 2015 TTEST: City AS TO CONTENT: P.E., Director of Public Works AS TO FORM: City Attorney TxDOT-Agrmt-Tract 2RR-Santa Fe Drive 4.30.15 Texas Department of Transportation WEST R/W PROJECT DELIVERY 1 135 Slaton Rd. I LUBBOCK, TEXAS 79404-52011 (806) 745-44111 WWW.TXOOT.GOV April 16, 2015 The Honorable Glen Robertson Mayor, City of Lubbock Attn: Wood Franklin 162513 th Street, Room 107 Lubbock, Texas 79401 Disposal of Real Property (ROW along Santa Fe Drive) Lubbock County ROW CSJ: 0380-01-053 Tract 2RR Less the East 150 feet Dear Mayor Robertson, Under Rule §21.106 of the Texas Administrative Code, the City of Lubbock is requested to provide a written commitment to pay the fee or consideration for the proposed disposal by the State to the City of the subject Tract 2RR less the East/150 feet. I wish to advise you that the State's approved value for the subject real property containing 50,639 square feet as described in the attached Exhibit A is $132,843.00 (One Hundred Thirty Two Thousand Eight Hundred Forty -Three and Noll 00 Dollars). Upon request by TxDOT at a later date, the City agrees to pay the approved value of $132,843.00 and an appraisal fee of $1,950.00 for a total cost of $134,793.00. Please note this is in no way a firm offer on behalf of the State, since the State's conveyance to the City is subject to approval by the Attorney General's Office and execution of the State's Deed without Warranty by the Governor of Texas. If this value is acceptable, please sign the enclosed acceptance letter and return to me. Upon receipt of your executed acceptance we will request that the necessary instrument be prepared for the Governor's signature. This process usually takes ninety to one hundred twenty days to complete. Our Right of Way Division in Austin will later contact you directly and instruct you to send a CASHIER'S CHECK to our Finance Division. Upon deposit of your Cashier's Check, our Division will forward the instrument(s) directly to our office for recording at the County Clerk's office. Finally, if there are any utilities located on this surplus land, this sale and disposal would automatically be subject to the continued rights of existing utilities as provided by law. If you ever desire that these utilities be moved or adjusted, these would be made at no expense to the State. Please call J. Frank Kiker at (806) 748-4491 if you need any additional information. Sincerely. uonn vvanls Manager, West RNV Project Delivery encl OUR GOALS MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer John Wallis Manager, West R/W Project Delivery Texas Dept. Of Transportation 135 Slaton Road Lubbock, Texas 79404 Disposal of Real Property (ROW along Santa Fe Drive) Lubbock County ROW CSJ: 0380-01-053 Tract 2RR Dear Sir, I have been advised that the State's approved value for the subject real property is accepts this value for the subject property. Upon request by TxDOT at a later date, the City agrees to pay the approved value of $132,843.00 and an appraisal fee of $1,950.00 for a total cost of $134.793.00. Furthermore, the City understands and agrees that if there are utilities located on this property, this sale and disposal will automatically be subject to the continued rights of existing utilities as provided by law. If the City ever desires these utilities be moved or adjusted these would be made at no expense to the State. � Date: June 11, 2015 Glen Robertson, Mayor EXHIBIT "A" Page 1 of 3 Property Description for Tract 2RR Being a 53,137 square foot tract of land out of that certain tract of land located in Section 20, Block A, Lubbock County, Texas, conveyed to the State of Texas and recorded in Quitclaim Deed, Volume 6729, Page 1, Real Property Records, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron rod with yellow cap, found for the Southeast corner of this tract and on the existing North right of way line of 3rd Street as dedicated by Plat recorded in Volume 137, Page 225, Deed Records, Lubbock County, Texas and being the Southwest corner of a called 2.04 acre tract of land recorded in Volume 89, Page 207, Deed Records, Lubbock County, Texas, from which the Southeast corner of said 2.04 acre tract bears South 870 38'49" East, a distance of 494.47 feet (deed call 494.44 feet) to a found 'Yi' iron rod with yellow cap; (1) THENCE North 870 38'49" West, along the North right of way line of said 3`d Street, a distance of 169.72 feet to a 5/8" iron rod with 3 Y4" aluminum Texas Department of Transportation cap set for the Southwest corner of this tract and being on the Northwest line of said State of Texas Tract; (2) THENCE North 560 15' 11" East, along the Northwest line of said State of Texas Tract, a distance of 599.94 feet to a 5/8" iron rod with 2" aluminum Texas Department of Transportation cap set for the Northerly most corner of this tract, from which the Northwest corner of a called 0.234 acre tract, recorded under Lubbock County Clerk File Number 2013043496, bears North 560 15' 11" East a distance of 150.00 feet; (3) THENCE South 330 44'48" East, a distance of 100.00 feet to a 5/8" iron rod with 2" aluminum Texas Department of Transportation cap set for the Easterly most corner of this tract and being on the Southeast line of said State of Texas tract and the Northwest line of said 2.04 acre tract, from which the Northeast corner of said 2.04 acre tract bears North 560 15' 11" East a distance of 150.00 feet; (4) THENCE South 560 15' 11" West, along the Southeast line of said State of Texas Tract, and the Northwest line of said 2.04 acre tract of land, a distance of 462.80 feet to the Point of Beginning. EXHIBIT "A" Page 2 of 3 NOTES: 1. Bearings are grid bearings, based on Interstate 27 control points as established by TxDOT from Lambert grid system, NAD 27, Texas North Central Zone. 2. Distances are surface values. 3. Survey Plat with same date accompanies this description. 4. Date of field survey: February 2011 and December 2014 -Fg�e4 12-l3I zoi Richard L. Hutton Date Registered Professional Land Surveyor No. 4155 State of Texas \\ I I °od ° ° NOI \\ oI g I 69' log Ed I I b2 x.7078 I �m,4 9107 I I I A377 180'/9£ m -7 .a Z0 � I I \ \ rJ• .� Y ft N I LLJ 17 ut \ \ \�♦ I �� JQ4 P I I� 1� it ow i a I 1 i \ O- -er LJ Zj 6`• Q I O NO�J�d �° �9s\ r� N a j o I —7 F zW= l a 1 \ 00 l , N z , oO W O < < 2 �R Kp i Y I J J N< W N p 3 z Q a WLLFGCFOX —�-z �.- Q H 0_ .w J OW IriO�fFN IA �«yF{� \ 3 .Q.. 0^F I L, JX_o YF�j I \ I RC0 pwm 4 O O FLLF I I \ I FLLOWIWYVWjY 007¢ y h F < Nw IL 09 O 1 I Z 2 2 Z "$F a� \ < < U �gm I 0 02 1 \ LL LL LL LL N tl \ ` ®OO®• a T)/ T1 r�t� In . C� . �nw. K- 4l 55 S �i,1� unRct . 2015037695 7 PGS DEED :Ld,)Luk i ( rpgo I mill WIFAZ ChM? 1414,KINY:DW WAVI"')1I III DEED WITHOUT WARRANTY STATE OF TEXAS COUNTY OF LUBBOCK US 82 RCSJ 0380-01-053 Tract 2RR THE STATE OF TEXAS, acting through the Texas Transportation Commission and on behalf of the Texas Department of Transportation, hereinafter referred to as Grantor, pursuant to Minute Order 114356, passed by the Texas Transportation Commission on August 27, 2015, as shown by the official minutes of the Texas Transportation Commission, in consideration of the sum of ONE HUNDRED THIRTY-TWO THOUSAND EIGHT HUNDRED FORTY-THREE ANP* NO/100 DOLLARS ($132,843.00) to Grantor in hand paid by the CITY OF LUBBOCK, TEXAS, ereinafter referred to as Grantee. whether one or more, the receipt and sufficiency of which is hereby acknowledged and confessed and for which no lien is retained, either express or implied, has this day Sold and by these presents does Grant, Bargain, Sell, and Convey unto Grantee all of Grantor's right, title, and interest in and to that certain tract or parcel of land situated in Lubbock County, Texas, said land being more particularly described in Exhibit A, attached hereto and made a part hereof, SAVE AND EXCEPT, however, there is excepted and reserved herefrom all of Grantor's right, title, and interest, if any, in and to all of the oil, gas, sulphur, and other minerals, of every kind and character, in, on, under, and that may be produced from the property described in Exhibit A, but Grantor waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining, or drilling for same, provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside of said property. Anything herein to the contrary notwithstanding, this conveyance is made subject to the rights of any and all existing public utilities or common carriers in accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, Section 202.029. Any required adjustment will be at no cost to Grantor. In addition, this conveyance is subject to all matters of public record and to all easements, leases, agreements, or licenses, or other interests which affect the property, and to any matter which would be disclosed by title examination, survey, investigation, or inquiry, including but not limited to the rights of parties in possession. BY THE ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS THOROUGHLY INSPECTED AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY THE GRANTEE IN ORDER TO ENABLE THE GRANTEE TO EVALUATE THE PURCHASE OF THE PROPERTY. GRANTEE REPRESENTS THAT GRANTEE IS RELYING SOLELY ON GRANTEE'S OWN EXPERTISE AND THAT OF ITS CONSULTANTS, AND THAT GRANTEE HAS CONDUCTED SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND IS RELYING UPON SAME, AND HEREBY ASSUMES THE RISK OF ANY ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT GRANTEE IS ACQUIRING THE PROPERTY ON AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE. GRANTEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY * * 1625 13th Street, Lubbock, Texas 79401 REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN DEEMED TO HAVE BEEN MADE OR GIVEN, BY GRANTOR. GRANTEE HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT GRANTOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES) RESULTING OR ARISING FROM GRANTEE'S USE, MAINTENANCE, REPAIR, OR OPERATION OF THE PROPERTY. WITHOUT LIMITING THE GENERAL PROVISIONS ABOVE, IT IS UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE; (b) ZONING; (c) TAX CONSEQUENCES; (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS; (e) AVAILABILITY OF ACCESS, INGRESS OR EGRESS; (f) OPERATING HISTORY OR PROJECTIONS; (g) VALUATION; (h) AVAILABILITY AND ADEQUACY OF UTILITIES; (i) GOVERNMENTAL APPROVALS; (j) GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (1) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS OF THE PROPERTY FOR A PARTICULAR USE OR PURPOSE; (2) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO ANY OF THE PROPERTY; AND (3) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT GRANTOR IS NOT REPRESENTING OR WARRANTING THAT ANYTHING CAN OR WILL BE ACCOMPLISHED THROUGH GRANTEE'S OR GRANTOR'S EFFORTS WITH REGARD TO THE PLANNING, PLATTING OR ZONING PROCESS OF ANY GOVERNMENTAL AUTHORITIES, BOARDS OR ENTITIES. GRANTEE FURTHER ACKNOWLEDGES THAT GRANTOR HAS NOT WARRANTED, AND DOES NOT HEREBY WARRANT, THAT THE PROPERTY NOW OR IN THE FUTURE WILL MEET OR COMPLY WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW OR REGULATION OF ANY STATE OR FEDERAL AUTHORITY OR JURISDICTION. This Deed without Warranty is expressly made by Grantor and accepted by Grantee without any warranty of title of any kind, oral or written, express or implied, whether existing by common law or by statute or any other manner. Grantee expressly agrees that the implied covenants set forth in Section 5.023 of the Texas Property Code are not applicable to this Deed without Warranty. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging unto said Grantee and Grantee's heirs, successors, and/or assigns forever, subject to the reservations and exceptions described herein. 2 IN TESTIMONY WHEREOF. I have caused the Seal of the State to be affixed. Executed this the day of2015. Attest: 0 "a e Carlos Cascos Secretary of State GREG ABBOTT GOVERNOR OF TEXAS Recommended for Approval: V� LtGen J.. Weber, USMC (Ret) Ex °cutive Director Approved: Ken Paxton Attorney General r By: Garland Williams Assistant Attorney General NOTE TO COUNTY CLERK: PROPERTY CODE § 12.006 AUTHORIZES THE RECORDATION OF THIS INSTRUMENT WITHOUT ACKNOWLEDGMENT OR FURTHER PROOF OF THE SIGNATURE OF THE GOVERNOR. EXHIBIT "A" Page 1 of 3 Property Description for Tract 2RR Being a 53,137 square foot tract of land out of that certain tract of land located in Section 20, Block A, Lubbock County, Texas, conveyed to the State of Texas and recorded in Quitclaim Deed, Volume 6729, Page 1, Real Property Records, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron rod with yellow cap, found for the Southeast corner of this tract and on the existing North right of way line of 3rd Street as dedicated by Plat recorded in Volume 137, Page 225, Deed Records, Lubbock County, Texas and being the Southwest corner of a called 2.04 acre tract of land recorded in Volume 89, Page 207, Deed Records, Lubbock County, Texas, from which the Southeast corner of said 2.04 acre tract bears South 870 38' 49" East, a distance of 494.47 feet (deed call 494.44 feel) to a found ''/1" iron rod with yellow cap; (1) THENCE North 870 38'49" West, along the North right of way line of said 3`d Street, a distance of 169.72 feet to a 5/8" iron rod with 3'/" aluminum Texas Department of Transportation cap set for the Southwest corner of this tract and being on the Northwest line of said Stale of Texas Tract; (2) THENCE North 56° 15' 11" East, along the Northwest line of said State of Texas Tract, a distance of 599.94 feet to a 5/8" iron rod with 2" aluminum Texas Department of Transportation cap set for the Northerly most corner of this tract, from which the Northwest corner of a called 0.234 acre tract, recorded under Lubbock County Clerk File Number 2013043496, bears North 560 15' 11" East a distance of 150.00 feet; (3) THENCE South 330 44'48" East, a distance of 100.00 feet to a 5/6" iron rod with 2" aluminum Texas Department of Transportation cap set for the Easterly most corner of this tract and being on the Southeast line of said State of Texas tract and the Northwest line of said 2.04 acre tract, from which the Northeast corner of said 2.04 acre tract bears North 560 15' 11" East a distance of 150.00 feet; (4) THENCE South 560 15' 11" West, along the Southeast line of said State of Texas Tract, and the Northwest line of said 2.04 acre tract of land, a distance of 462.80 feet to the Point of Beginning. EXHIBIT "A" Page 2 of 3 NOTES: 1. Bearings are grid bearings, based on Interstate 27 control points as established by TxDOT from Lambert grid system, NAD 27, Texas North Central Zone. 2. Distances are surface values. 3. Survey Plat with same date accompanies this description. 4. Date of field survey: February 2011 and December 2014 Richard L. Hutton Date Registered Professional Land Surveyor No. 4155 State of Texas as 3i i :IZR g ~ ./Jyt1F y 8 Q S W FYN nn< G J 6 v n' G�W-1 {y 1 Q3 2FN <F W W mgqi�l1u�ii§ w CC¢JJig d'�J <W Wnn �NaNO yWf VW SWhu�SCWpumi WHg N 4ify� NmWHa� VFW mFNA`f Nu . W T- 6 A JytNty �W SO 5 6 Y N QyWO n F.O W �0� Wry " P' JWN W YNI �FO 1 CC� v n' G�W-1 {y 1 Q3 2FN <F W W mgqi�l1u�ii§ w CC¢JJig d'�J <W Wnn �NaNO yWf VW SWhu�SCWpumi WHg N 4ify� NmWHa� VFW mFNA`f FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion Count yy Clerk Lubbock County TEXRS 10/20/2015 03:67 PM FEE:846.00 2015037695