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Home My WebLink AboutResolution - 2009-R0277 - Memo Of Agreement/ Drainage Easement - State Of Texas - 07/28/2009Resolution No. 2009-80277 Jury 28, 2009 Item No. 5.13 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 Drainage Easement in favor of the State of Texas on 663.562 square meters (6,880.00 square feet) of land lying in Section 3, Block O, Lubbock County, Texas. Said Drainage Easement and Memorandum of Agreement are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of July , 2009. . At;4 TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO COINT , IT: J A., Scott Snider, Assistant City Manager Community Services —D'7'� Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weavcr, Assistant City Attorney vw/ccdocsiChad/Resolutions/RES.Drainage Easement — State of Texas June 4, 2009 Resolution No. 2009-80277 MEMORANDUM OF AGREEMENT Date: May 20, 2009 County: Lubbock Highway No.: US 82 ROW CSJ No.: 0380-01-053 Limits: From: 2.012 km(1.25mi.)S.W.of Loop289 To: 1.287 km (0.8 mi.) East of 1-27 Parcel No.: 3 8 1 E City of Lubbock Attn. Honorable Tom Martin, Mayor P.O. Box 2000 Lubbock, TX 79457-2000 Dear Mayor Martin: You have indicated a willingness to sign a drainage easement on City of Lubbock property which consists of 663.562 square meter (6,880.00 square feet) of land lying in Section 3, Block O, Lubbock County, Texas, being a portion of that certain tract conveyed to the City of Lubbock by Warranty Deed recorded in Volume 4116, Page 124, Official Real. Property Records of Lubbock County, Texas. 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 $2,827.00 as herein agreed will constitute full payment to be made by TxDOT for the easement to be conveyed to the State. TxDOT and the owner(s) have agreed to the following provisions. Until payment is made by TxDOT, title and possession of the drainage easement 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 Owners are retaining title to the following improvements located on the above described property, to wit: NONE 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, and the mutual benefits to be derived by you and TxDOT from the signing of this agreement. The State, without cost to 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 Easement and satisfy yourself (selves) as to its provisions. With your signing of this agreement and execution of the Easement the State will proceed with the issuance of a State warrant which will be made out jointly to you and to Lubbock Abstract & Title Company, agent for Lawyers 'T'itle Insurance Corporation. 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, 4 ,)C:/" 6 -,; P" W'� 5�} Doug as W. Eichorst 11, P.E. Date District Engineer, Lubbock District Texas Department of Transportation I (We) fully understand the Texas Department of Transportation proposal as contained in this agreement and hereby acknowledge receipt of the brochure entitled "Relocation Assistance. " 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, TEXAS BY:f"'" &1,�4 Tom Martin, Mayor July 28, 2009 Date ATTEST: Rebecc Garza, City Secretar Return to:, m,rtion T3S ix GF#00-9343/GW 794 Resolution No. 2009—RO277 Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. - lllllli1111111I111111111111111I11r1Ji11111111111111111i EASE 20@9032372 6 PGS ROW -N-31 ica 1t d �blzt� Ei LE ^ �. Rev. 82003 Replaces form D-15-31 Parcel -381E GSD -EPC CS] No. 0380-01-053 Page 1 of 2 DRAINAGE EASEMENT FOR HIGHWAY PURPOSES THE STATE OF TEXAS § COUNTY OF LUBBOCK § 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 Two -Thousand -Eight - Hundred -Twenty -Seven and No/100Dollars ($2,827.00) 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, do by these presents Grant, Bargain, Sell and Convey unto the State of Texas an easement in, along, upon and across the property which is situated in the County of Lubbock, State of Texas, which is more particularly described in Exhibit "A", which is attached hereto and incorporated herein for any and all purposes. This easement conveyed herein is for the purpose of opening, constructing and maintaining a permanent channel or drainage easement in, along, upon and across said premises described in Exhibit "A" together with the right and privilege at all times of the Grantee herein, its agents, employees and representatives of ingress and egress to and from said premises for the purpose of making any improvements, modifications or repairs which the State deems necessary. And for the same consideration described above and upon the same conditions, the Grantors have this day granted and conveyed and by these presents do ,giant and convey unto the State of Texas any and all improvements presently existing upon the property described in said Exhibit "A". HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the aforesaid property, to wit: NONE. As a part of the grant hereby made it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said channel or drainage easement may be removed from said premises by the State. ROW -N-31 Rev. 8l2003 Page 2 of 2 TO HAVE AND TO HOLD the premises described in Exhibit "A" for said purposes together with all and singular the rights, privileges and appurtenances thereto in any manner belonging, unto the State of Texas forever; and Grantor hereby binds itself, its heirs, successors or assigns, to Warrant and Forever Defend, all and singular, the said easement herein conveyed unto the State of Texas, its successors and 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 28th CITY OF LUBBOCK, TEXAS BY: � TOM MARTIN, MAYOR ATTEST: , 6,0 , M G��- Reber a Garza, City Secretary Acknowledgement State of Texas County of Lubbock day of July 2009. This instrument was acknowledged before me on JiMV Z+ r 260q by -IM Mar fin ELISA SANCHEZ Notary Public's Signature Notary Public, Stag of Texas Mk CWAsw E)Oms 11.07.2011 Corporate Acknowledgment State of Texas County of Lubbock This instrument was acknowledged before me on by of , a corporation, on behalf of said corporation. Notary Public's Signature County: Lubbock Highway: US 82 ROW CSJ: 0380-01-053 Exhibit "A" Sheet 1 of Property Description for Parcel 381 (E) Resolution No. 2009-80277 Being a 663.562 square meter (6,880.00 square foot) tract of land lying in Section 3, Block O, Lubbock County, Texas, being a portion of that certain tract conveyed to the City of Lubbock by Warranty Deed recorded in Volume 4116, Page 124, Official Real Property Records of Lubbock County, Texas, said 633.562 square meter tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap marked "HBD" set in the monumented South right of way line of U.S. Highway 82, as described in Warranty Deed to the City of Lubbock in Volume 4116, Page 124, from which a 2 '/z" brass cap monument found for the Northwest corner of said Section 3, Block O bears North 87 degrees 37 minutes 43 seconds West, 503.423 meters (1651.65 feet), and North 02 degrees 22 minutes 17 seconds East, 196.940 meters (646.13 feet), said point of beginning having project coordinates of North: 221655.906 meters and East: 207857.729 meters; (1) THENCE NORTH 81 degrees 14 minutes 39 seconds EAST (called North 81 degrees 10 minutes 56 seconds East in volume 4116, Page 124), along the monumented South right of way line of U.S. Highway 82, a distance of 12.192 meters (40.00 feet) to a %z" iron rod with cap marked "HBD" set, from which a %Z" iron rod found with cap marked "HR & ASSOC RPLS 1676" bears NORTH 81 degrees 14 minutes 39 seconds EAST, 34.086 meters (111.83 feet); (2) THENCE SOUTH 08 degrees 36 minutes 58 seconds EAST, at a distance of 43.282 meters (142.00 feet) pass a'/2" iron rod set with cap marked "HBD", continue for a total distance of 52.426 meters (172.00 feet) to a point; (3) THENCE SOUTH 81 degrees 14 minutes 39 seconds WEST, a distance of 12.192 meters (40.00 feet) to a point; (4) THENCE NORTH 08 degrees 36 minutes 58 seconds WEST, at a distance of 9.144 meters (30.00 feet) pass a'/2" iron rod set with cap marked "HBD", continue for a total distance of 52.426 meters (172.00 feet) to the point of beginning; EXHIBIT "A" Sheet 2 of 3 NOTES: 1. Bearings based upon Interstate 27 control points, Texas North Central Zone NAD27 2. Distances are surface values. 3. English units are provided for information only. 4. Date of field survey: February 5, 2009 5. Parcel plat with same date accompanies this description. v Z"/Z—O K. C. Brown Date Registered Professional Land Surveyor No. 4664 State of Texas HAGAR, BROWN & DORSEY, LLC LAND SURVEYORS PO Box 1248 Hereford, Texas 79045 Phone: (806) 364-6085 -- - F Qo*' '4 K. r�'M��Na � ��i M11��• 4664 M. 2 I.1 SeC. Tg ? Seca Resolution No. B1,t. A 'SeC. / JQ+1�`yAS'SvM�N 7 alt.p +� jj sec.,, ,( SECT/ON BLOCK a .3. Eer57. A PrnW_R_4.w. — p 4rl— s Br"iR0W 9doS Yr r _ £Xry'7�i Pl♦Lyo R.D.IY. _ �� 3i.88A m � E N B9'3507•E� � — — — — — — — � 5 �y7 46 � r S 8TSX3YW 5D.37im u65.2b'! j �E f U.S. 82 PRPP. R._D.W. SASEL/Nf IG) f N $Mf57' E ivWf W?'ROY Rix � ' 4239 +&.7DO CITY pF LUBBWK R.D.W. EASEMENT N,PAKE.5J5 nl 22615 £r207B57.729 n WYTH ACCESS DENIED 1 _'a M X� srN S9E.6OO 21.065 m 169.n1 Va. 50, PQ. d5 �/ N 9r1f'3g E 12.1962m "HR 6/A SSa R� 1676' �rNae. l — _E_s_ere- _ _----= — - — — 715T. & PR. .D.W. (-40—C&) PR A — I 1 ---- 3 8714.391Y z O+• N' 1/2'9X RPD 34. Ca95 s OM.d!'1 -1� 1r2. I" RPD I 1$ � Y `7iR d AS -9X +671 _N Mr4o x E 1 EX15T. d PROW. R.O.W. 1 I� Elr K!C. BRAWN/' DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4664, STATE OF TEXAS K. C. BROWN •.}��NI�N��NNO• ,-a 4664 Hagar, Brown & Dorsey, -N L A N D S LJ R V E Y O a S R.O. BOY 1248 ICFUORO. lx 70,845 866-364.66B'i FAX 866-364-6008 2009-80277 SCALE - I I JO 0 LEGEA10 • ('� `. -. — � — — Exr57rM; RSR OF WAi PROPERYY LINE '.I` SED RIGHT OF WAY 1 4 FD. '12 'FW 1VNUSS APTEDI v w�j ID SET 1/2 "RW W/ •J4WCAP (UN1E55 FEDI x(40_00'1 J vs 12.m m NOTES S 8l1439' W MACKENZ I E PARK CITY OF LUBBOCK W.D.-YDLVIIE 4116, PAGE 124 ill 1 EXHIBIT "A"" SHEET 3 OF 3 AMC, BEARMGS SH6AIMf ARE AW BEAftM WED CW AYFERSTATE 27 Mlff#[l AWS AS E57AWSWO Sr TXXF FIRM LAdWffr MW SYSTEM. MAO Pi. TERM AWJ'f CEffft IONS. EAQW 68YFTS ARE PIMM MED FOR MYFDNMATAN OA1Y. WE d' FIELD WNNVEY,FEBIRAW S, ZM. MOPEERFY CISGRffVN WAH SAME WE A=MPAW5 THIS PLAT. PARCEL 381(E) SECTION 3, BLOCK 0 US 82 LUBBOCK COUNTY ROW CSJ: 0380-01-053 TEXAS DEPARTMENT OF TRANSPORTATION 135 SLATON ROAD LUBBOCK, TX 79404 PHONE: (806) 74B-4564 SHEET 3 OF 3 SCALE: 1:1000 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS September 04, 2009 02:18:09 PSI 2009032372 FEE. $32.00