HomeMy WebLinkAboutResolution - 2007-R0177 - Quitclaim - Widening Of 82Nd Street - 05/11/2007Resolution No. 2007-RO177
May 11, 2007
Item No- 5.12
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, had determined that the public needs, safety, and welfare
demanded and created a public necessity for the acquisition of additional land for
municipal public use and purposes, to -wit: for the widening of 82"d Street, and the City
Council of said City found it in the public interest and for public purposes and municipal
purposes to proceed with the acquisition of lands as were deemed needed for such
purposes as aforesaid; and
WHEREAS, in the course of proceeding with the acquisition of lands as were
needed for the aforesaid purposes, the City acquired certain property (the "Property") the
subject of this Resolution by way of condemnation award in Cause No. 98-822,303
inadvertently in excess of that amount actually and eventually deemed necessary to
satisfy the public purposes expressed in Resolution No. 6130 dated December 16, 1998;
and
WHEREAS, the City now desires to release by way of quitclaim to the prior
owner of said Property all interests it inadvertently acquired through condemnation;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be directed to execute on behalf of the
City of Lubbock the attached quitclaim so as to release to the prior owner of said
Property all interests inadvertently acquired through condemnation for the public purpose
of widening of 82"d Street.
Passed by the City Council this 11th day of May , 2007•
DAVID A. ILLER, Mayor
ATTEST:
,,Q jn,?"
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Je 11, Supervising Attorney, Trial Section
Cavazos Resolution 05.01.2007
FILE AND RETURN TO
DAVE 800HEA R.OM
CITY OF W88OCK
Resolution No. 2007-RO177
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.
Quitclaim IIIIIIIIIIIIIIIIIIIIIIIIIIII DEED 7007019396
Date: April 23, 2007 3 PGS
Grantor: City of Lubbock, a Texas Home Rule Municipality
Grantor's Mailing Address: P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
Grantee: Jesus H. Cavazos and Maria D. Cavazos, husband and wife
Grantee's Mailing Address: 450859 t" Street
Lubbock, Lubbock. County, Texas 79414
Consideration: Ten dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
Property (including any improvements):
That certain 0.445 acre tract in Section 5, Block E, Lubbock County, Texas being further described by metes
and bounds as follows:
BEGINNING at a '/i" iron rod with cap, which bears S. 89°57' W. 529.82 feet and North 44.32 feet
from the Southeast corner of the Southwest Quarter of Section 5, Block E, Lubbock County, Texas;
THENCE S. 89°57' W., a distance of 130.00 feet to a "PK" nail with cap set in concrete for the
Southwest corner of said 0.445 acre tract;
THENCE North, along the West line of said 0.445 acre tract, a distance of 149.00 feet to a "PK" nail
with cap set in concrete in the South line of a 20 foot alley for the Northwest corner of said 0.445
acre tract;
THENCE N. 89°57' E., along said alley line a distance of 130.00 feet to a '/2" iron pipe found at the
Northeast corner of said 0.445 acre tract;
THENCE South, along the East line of said 0.445 acre tract, a distance of 149.00 feet to the Point
of Beginning;
LESS AND EXCEPT a portion consisting of approximately 0.108 acres, more or less, in Section 5, Block E.
Lubbock County, Texas, being further and more particularly described by metes and bounds as follows:
BEGINNING at a '/2" iron rod with cap, which bears S.89°57'W. 529.82 feet and North 44.32 feet
from the Southeast corner of the Southwest Quarter of Section 5, Block E, Lubbock County, Texas;
THENCE S.89°57'W., a distance of 130.00 feet to a '/z" iron rod with cap found west
corner of aforesaid 0.445 acre tract;
THENCE North, along the West line of aforesaid 0.445 acre tr-
iron rod with cap set in the East line of aforesaid 0.445 acre t,
THENCE N.89°59'08" E. a distance of 130.00 feet to a Y2' iroi
aforesaid 0.445 acre tract;
Quitclaim - City of Lubbock to Cavazos
rn�t„<- ndn
i of 2
THENCE South, along the East line of aforesaid 0.445 acre tract, a distance of 35.44 feet to the
Point of Beginning.
For the Consideration, Grantor quitclaims to Grantee all of Grantor's right, title, and interest in and to the
Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor nor
Grantor's heirs, successors, or assigns will have, claim, or demand any right or title to the Property or any part of it.
THE QUITCLAIM OF THE PROPERTY IS ON A "WHERE IS," "AS IS," AND "WITH ALL FAULTS" BASIS,
AND IS WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY, OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO TITLE, INCLUDING, BUT NOT LIMITED TO THE
EXISTENCE OF LIENS AGAINST THE PROPERTY, THE DESCRIPTION, PHYSICAL, AND ENVIRONMENTAL
CONDITION OF THE PROPERTY, AND/OR MATERIALS CONTAINED OR LOCATED IN, ON, OR UNDER THE
PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE
OF THE PROPERTY, QUALITY, VALUE, FITNESS OR PURPOSE, MERCHANTABILITY, OR OTHERWISE.
When the context requires, singular nouns and pronouns include the plural.
ATTEST: _
v
City ecretary David A. Miller
Mayor, City of Lubbock, Texas
APPROVED AS TO CONTENT:
ba_
Dave Booher, Right of -Way Agent
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned, a Notary Public in and for Lubbock County, Texas, on this day personally
appeared DAVID A. MILLER, Mayor of the City of Lubbock, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, and in the capacity therein stated. AI
GIVEN UNDER MY HAND AND SEAL_ OF OFFICE, this jj day of 1"f , 2'007.
(SEAL]
CELIA WEBB
NMY PubNc Staia of Taxn
00
,1y Cammi &on E 03.01-2010
No ubl'rc for he
State of Texas
Quitclaim — City of Lubbock to Cavazos Page 2 of 2
FILED AND RErORDED
OFFICIAL PUBLIC RECuKOS 'S
O.
Kelly Pinion, County Clerk
Lubbock County TEXAS ry G
May 15, 2007 03:18:59 PM 2007019396
FEE: $15.00