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Home My WebLink AboutResolution - 2014-R0192 - Amendment To Agreement - Lubbock Entertainment And Performing Arts Association - 05/22/2014RESOLUTION 13E IT R-ESOLVED BYTHE crry COUNCIL OF THC CITY 01`1111313OCK: THAT the Mayor of the City Of Lubbock 131'. and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Commitment Agreement between the City of Lubbock and Lubbock Entertainment and 11 Performing Arts Association to correct the real property description and to incorporate the recently completed survey of the property. Said Amendment is attaclicd hereto and incorporated in this Resolution as it' fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on ATTEST: I q—cb coca Garza, City Secret k) APPR VED AS TO CONTENT: /Jarn�s Loomis,' CC i'o– Manager - APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney May 21 . 2014. G[?rC-"fZO6ffR'f SON, MAYOR Cav Alt I Unda, Res- Amend L'onlinnnient Agan Vallorming Arts MaN 15.2014 AMENDMENT TO COMMITMENT AGREEMENT This AMENDMENT is made and entered into by and betxveen the City ot'Lubbock. (the "CITY"), a municipal corporation, and LUBBOCK FNTERTAINMENT AND PERFORMING ARTS ASSOCIATION ("LEPAA"), a Texas nonprofit organization. acting by through their respective and duly authorized officers and officials. WITNESSI.-.11 1: WillREAS, the CITY and LEPAA entered into a Commitment Agreement July 23, 2013, authorized by City of Lubbock Resolution No. 2013-80239, for the transfer of'City-owned property located at 1302 Mae Davis Lane, Lubbock, Texas, across from the Civic Center, consisting of approximately 5 acres, bounded by the Marsha Sharp Freeway on the North. Avenue L on the East, and Mac Davis Lane On the South, for the purpose of building at Performing Arts Center-, and Wl-IFREAS, the CITY and LEPAA desire to amend the terms of the COMMITMENT AGREEMENT to correct the real property description and to incorporate the recently completed survey of the property; NOW, -HEREFORE, the CITY and LEPAA, agree to the following aniendnWiltS: 1. Exhibit "A," containing the real property description is hereby deleted and replaced by the attached Exhibit -A." 2. Exhibit "C" entitled -SURVEY" is hereby deleted and replaced by the attached Exhibit -C. - Executed on CITY OF LUBBOCK GLEX,,e. ROORTSON, MAYOR Amendment to City/1,H11AA Commitment Agreement Page I 2014. LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION BY: e� fifil Collins, Chairman Lubbock Entertainment and Performing Arts Association ATTEST: Reb ca Garza. City Secret APPROVED AS TO CONTENT: 'ZUF 'I Yt.+ ame Loomis, City Manager APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney LCcnyaNLind4.FPAA Commitment Amendment May 15. 2014 Amendment to City/LEPRA Commitment Agreement Page 2 EXHIBIT "A" REAL PROPERTY DESCRIPTION METES AND BOUNDS DESCRIPTION of Lot 2 and a portion of Lot 1, Block 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 and the East 15 feet of the South 15 feet of Lot 3 and all of Lots 4-7, Block 4 of the Original Town of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas, and a portion of Avenue "M", located West of and adjacent to said Lots 4-7, Block 4 of the Original Town of Lubbock, closed and abandoned by Quit Claim Deed recorded in Volume 1338, Page 818 of the Deed Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the North right-of-way of Mac Davis Lane as granted by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas at the most Southerly Southeast corner of Lot 2, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas; THENCE West, along said North right-of-way line and the Southern boundary of said Lot 2, a distance of 373.02 feet to a 1/2" iron rod with cap marked "WSC" found at the most Southerly Southeast corner of said Lot I and the most Southerly Southwest corner of said Lot 2; THENCE Northwesterly, along the Eastern boundary of said Lot 1 and the Western boundary of said Lot 2, around a curve to the left, said curve having a radius of 290.00 feet, a central angle of 47°55'27", a chord bearing of N. 49°31' 19" W., a chord distance of 235.56 feet and an arc length of 242.57 feet (plat calls: an arc length of 242.64 feet) to a 1/2" iron rod with cap marked "WSC" found at a point of intersection; THENCE North, continuing along the Eastern boundary of said Lot I and the Western boundary of said Lot 2, at 313.24 feet (plat calls: 313.13 feet) pass a 3/8" iron rod found at the most Westerly Northwest comer of said Lot 2, Block 1 and a corner of said Lot 1, Block I, continuing for a total distance of 483.60 feet to a 1/2" iron rod with cap set in the South right-of-way line of the Marsha Sharp Freeway as described in Volume 7235, Page 120 of the Real Property Records of Lubbock County, Texas for the Northwest corner of this tract; THENCE S. 89°51'45" E., along said South right-of-way line, a distance of 188.00 feet to a 1/2" iron rod with cap marked "WSC" found in the West line of a 20 foot alley as granted by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas and the Eastern boundary of said Lot I, Block I at a corner of this tract; THENCE South, along said West alley line, the Eastern boundary of said Lot 1, Block 1, and the Eastern boundary of said Lots 3-7, Block 4, a distance of 169.91 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the Northern boundary of said Lot 2, Block 2 for the Southeast corner of said Lot 7, Block 4 and the Southwest comer of said 20 foot alley; THENCE East, along the Northern boundary of said Lot 2, Block 1 and the South line of said 20 foot alley, a distance of 20.00 feet to a 1/2" iron rod with cap marked "WSC" found at the Southeast corner of said 20 foot alley and an "ell" comer of said Lot 2, Block I; THENCE North, continuing along the Northern boundary of said Lot 2, Block 1 and along the East line of said 20 foot alley, a distance of 170.75 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the South right-of-way line of the Marsha Sharp Freeway as described in Volume 6332, Page 52 of the Real Property Records of Lubbock County, Texas for a comer of this tract; THENCE S. 87010'E., along said South right-of-way line, a distance of 95.13 feet to a "cross" cut in a utility vault for the most Northerly Northeast corner of this tract; Amendment to City/LEPAA Commitment Agreement Page 3 THENCE S. 45000'08" E., continuing along said South right-of-way line, a distance of 42.41 feet to a 1/2" iron rod with cap marked "WSC" found in the West right-of-way line of Avenue "L" as granted by plat recorded in Volume 1349, Page 521 of the Deed Records of Lubbock County, Texas and the Eastern boundary of said Lot 2, Block 1 for the most Easterly Northeast corner of this tract; THENCE South, along said West right-of-way line and the Eastern boundary of said Lot 2, Block 1, a distance of 3.17 feet to an 80 penny nail set for a point of curvature; THENCE Southeasterly, continuing along said West right-of-way line and the Eastern boundary of said Lot 2, Block 1, around a curve to the left, said curve having a radius of 598.00 feet, a central angle of 31 °30'59", tangent lengths of 168.75 feet and a chord distance of 324.81 feet to a "cross" cut in concrete for a point of tangency; THENCE S. 31030'59" E., continuing along said West right-of-way line and the Eastern boundary of said Lot 2, Block 1, a distance of 291.35 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for a point of curvature; THENCE Southwesterly, continuing along said West right-of-way line and the Eastern boundary of said Lot 2, Block 1, around a curve to the right, said curve having a radius of 25.00 feet, a central angle of 121030'59", tangent lengths of 44.66 feet and a chord distance of 43.63 feet to the Point of Beginning. Contains: 248,958 square feet - 5.715 acres. Bearings relative to the recorded final plat of Lots I & 2, Block I, & Blocks 3 & 8, Memorial Center Addition. Amendment to City/LEPAA Commitment Agreement Page 4 EXHIBIT 460" SURVEY Amendment to City/LEPAA Commitment Agreement Page 5 3 t� NIILLMiQY tl1U7.)'IVItl11lS1M I xaua l aal 1 .. t vra•r�„Yv..ru- roa..V^ s r sa:-n Orn �QI'•' � 17.rd'I N,1 •IM.I.IYI I ovnetar� trM• OWYSSJW-V X1w111 11.11) KU01-Tvm?)11V dltl Jot x.M)14'1•/ f tlt 1 m,t 5 t)l JKI W ICIY t1NY NI1V7Aa Q13Y.11 )7'./V. �:1N3av N) W ql W td V o.. .. I,.1'. p1..1,V V Yl. Ha I.a..V •1.1 .a. in...YA. 1.-Y'f.MWoIUW.•.. • SVll:tl'AII:'Y).) XxMIA�11 )1DO88m AO NMOL WRID1110 alu x)r MIM '11ISI01M) II%thVIlt)IAD.tI IM” 4111 M)111SY1iflll o. n»I'u..u..a 11 nr». uauru n.• .. CVA 11 SAI VrllAl XYMY:I I'xl,Mlll.'1 I .MI A.11 1'.1111 Irl NOI.LIQ(]d 113IN3D IVIIIOIA49N 1 XMI IN'I 14) 1.10.tl)UMM V (IAV t1DINIA'IMICIS tl13Mlaltl la WIS't1 M