HomeMy WebLinkAboutResolution - 2006-R0105 - Quitclaim Deed - In Favor Of Malcolm G. & Dorothy M. Womack - 03/08/2006Resolution No. 2006-RO105
March 8, 2006
Item No. 5.5
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 Quitclaim Deed in favor of
Malcolm Gene Womack and Dorothy M. Womack, and related documents. Said Deed is
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 8th day of March ___��`_, OOC•
UGAL, MAYOR
ATTEST:
Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way gent
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney/Office Practice
gs/ccdocs/res-QuitclahnDeed-Malcohn, Genn&Dorothy
2.13.06
Resolution No. 2006-RO105
QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock,
State of Texas, hereinafter called "GRANTOR", for and in consideration of the sum of TEN
AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in
hand paid by Malcolm Gene Womack and Dorothy M. Womack, hereinafter called
"GRANTEES", the receipt of which is hereby acknowledged, does hereby by these presents
ABANDON, DISCLAIM, RELEASE and FOREVER QUITCLAIM unto the said GRANTEES,
all of GRANTOR'S rights, title and interest in and to that certain tract or parcel of land lying and
being situated in the County of Lubbock State of Texas, described in the attached Exhibit "A".
TO HAVE AND TO HOLD the same premises together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging unto the said GRANTEES, their
heirs and assigns forever, so that neither the GRANTOR, its successors or assigns, nor any
persons claiming under GRANTOR shall at any time hereafter have, claim or demand any right
to the title to the aforesaid premises or appurtenances or any part thereof
WITNESS OUR HAND this 8th day of
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wa Agent
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
2006.
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Marc McDougal, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same as the consideration therein expressed and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2006.
(CLIA WEBB Notary lic in and for the State of Texas
N*qPubkSWdTau My Commission Expires: 3 - Q ( -
My Cm*" Eames WWW
gs/cityattlGeorgia/deeds/QCD-Malcoln &Dorothy Womack.doc
2.13.06
260241
Service Title Co.
GF# 93514-B Terrell Only
EXHIBIT ''A''
Resolution No. 2006-RO105
HUGO REEL] AND ASSOCIATES, INC.
1601 Avenue N I Lubbock, Texas 79401 1806/763-5642 1 FAX 8061763-3891
METES AND BOUNDS DESCRIPTION of a 407 square foot tract of land out of a tract of land conveyed to the City
of Lubbock in instrument of record described in Volume 341, Page 362, Deed Records of Lubbock County, Texas
being a portion of LOT 24, Dixie Land, an Addition to the City of Lubbock, according to the map, plat and/or
dedication deed thereof recorded in Volume 86, Page 622, Deed Records of Lubbock County, Texas, being further
described as follows;
BEGINNING at a point for the Northwest corner of this tract which bears 8.30 feet South of the original Northwest
corner of said Lot 24, Dixie Land;
THENCE East a distance of 86.62 feet to a point for the Northeast corner of this tract;
THENCE South a distance of 2.72 feet to a point in the South right-of-way line of 19th Street as described in Volume
341, Page 362, Deed Records of Lubbock County, Texas, for the Southeast corner of this tract;
THENCE S. 87021'57" W., along the South line of said 19th Street right-of-way a distance of 85.58 feet to a 1/2" rod
with cap set in the West line of said Lot 24, Dixie Land and in the West line of said 19th Street right-of-way for the
Southwest corner of this tract;
THENCE North, along the West line of said Lot 24, Dixie Land and the West line of said 19th Street right-of-way, a
distance of 6.70 feet to the Point of Beginning.
Contains: 407 square feet
Bearings are relative to the West line of Dixie Land, an Addition to the City of Lubbock, according to the map, plat
and/or dedication deed thereof recorded in Volume 86, Page 622, Deed Records of Lubbock County, Texas being
previously recognized as North-South.
Surveyed on the ground
January 7, 2006 pF
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BRFNT CARROLL
Brent Carroll "a^�9 5410 q
Registered Professional Land Surveyor`�'j/•ESS�C'yQ�Q`i,
No. 5410 State of Texas O "Q
*AGO 1
_ Agenda Item #.##
/�' ► Right -of -Way Ordinance 2nd Reading — Right -of -Way: Ordinance No.
2006-00020 Consider an ordinance abandoning and closing a portion of 19th
Street west of Dixie Drive, property located at 1902 Dixie Drive.
Item Summary
This ordinance was read for the first time at the February 24, 2006 City Council
meeting as a routine consent agenda item. In September of 1945, Ordinance 726
was passed by the City Council establishing the building lines for the south side of
19th Street, from University Avenue to Avenue D in anticipation of the widening of
that street. In 1947, Buster Welch conveyed to the City additional right-of-way
located at the southwest corner of 19th Street and Dixie Drive (one block east of
Avenue Q) for the widening of 19th Street along the north side of Lot 24, Dixie Land
Addition. Shortly after, a building was constructed on Lot 24 and the building plans
indicated that the building was to be built on the south lot line. However, either due
to a survey mistake or to human error, the building was constructed approximately
six feet north of the south property line putting the north portion of it into the
recently dedicated south right-of-way of 19th Street.
Mr. Malcom Womack has owned this property since 1976 and has decided to sell
this property and a recent survey shows this building encroachment. In order to
convey title to the new owner, Mr. Womack is asking that the City abandon and
close this 407 sq. ft. portion of 19th Street under his building. Since Mr. Womack
was not the original owner, there will be a charge for this 407 sq. ft. From adjacent
property values and a review of existing sales comparables, a value of $3.00 per sq.
ft, is determined. Therefore, the value of this street closure area to be charged to
Mr. Womack is $3.00 X 407 sq. ft. = $1,221.00.
Fiscal Impact
Income to the City of $1,221.00
Staff SubmittingtRecommendatlon
The Right -of -Way Department recommends the approval of the second reading of
this ordinance.
City Council Meeting
lgenda Item #.##
Right-of-Way Ordinance 2nd Reading — Right-of-Way: Ordinance No.
2006-00021 Consider an ordinance abandoning and closing a portion of Albany
Avenuejust north of 68th street, property located at 6601 Albany Avenue.
Item Summary
This ordinance was read for the first time at the February 24, 2006 City council
meeting.
This ordinance abandons and doses a 9,234.72 sq. ft, portion of Albany Avenue
just north of 68th street. This portion of Albany Avenue was dedicated by the plat
of Lot 2, Sentry Park Addition in 1977. At that time, all that was dedicated was the
east one-half of the street. In 1994, the City constructed the 66th Street to 69th
Street crossover street from Slide Road westward to Bangor Avenue. This street
design made this portion of Albany Avenue no longer needed and also created an
unusable remnant between Lot 2 and the new alignment of 66th Street, 69th Street,
and Albany Avenue. This unusable remnant (6,959 sq. ft.) was sold in 2002 by the
City to Benny Nixon for Commercial Property Services for $2,000 and who is the
requester of this Albany Avenue street closure. The appraised value for this Albany
Avenue street area being closed is $2,770.42 ($00.60 X 9,234.72 sq. ft. _
$5,540.83 less 50% remaining as an easement).
The City of Lubbock's street closure resolution allows for a credit against the
charge for this street area being closed, but not in excess thereof, for the
dedication of other property to the City in exchange for this portion of Albany
Avenue being closed. At 7336 82nd Street, the City of Lubbock installed a water
line along the east side of Lot 2-A, A&O Addition (west of Upland Avenue). This
was in an area of the subdivision that was originally an alley but was closed when
the addition was replatted by the County. Lot 2-A is owned by Mr. Nixon and
he is willing to give the City an easement for our water line in exchange for this
portion of Albany Avenue being closed. The value of this 10 -foot water line
easement along the east 10 -feet of Lot 2-A is valued at $2,937.38.
Following the guidelines of the City's street closure resolution, this area of Albany
Avenue being closed will be evenly exchanged for the water line easement at 7336
82nd Street with Mr. Nixon.
Fiscal Impact
No impact.
Staff Submitting/Recommendation
The Right -of -Way Department recommends the approval of the second reading of
this ordinance.
City Council Meeting
Agenda Item #.##
Consider a resolution authorizing the Mayor to execute a quitclaim deed to
Malcom Gene Womack and Dorothy M. Womack for a portion of 19th Street
west of Dixie Drive, property located at 1902 Dixie Drive.
Item Summa) tv
On the City Council agenda today for second reading is Ordinance No. 2006-00020
which abandons and closes a 407 sq. ft. portion of 19th Street just west of Dixie
Drive and east of Avenue Q. This resolution authorizes the Mayor to sign a
quitclaim deed that conveys this street area to the Mr. and Mrs. Womack.
Fiscal Impact
Income to the City of $1,221.00.
Staff Submitting/Recommendation
The Right -of -Way Department recommends the approval of this Quitclaim Deed
with Malcom Gene Womack and Dorothy M. Womack.
City Council Meeting
Agenda Item #.##
# Street Use License Resolution- Right -of -Way: Consider a resolution
authorizing the Mayor to execute a street use license with Grimes and Associates
Consulting Engineers, L.F. to use a portion of Akron Avenue street right-of-way
for an underground conduit located at (3405 Akron Avenue).
Item Summary
This license will allow Grimes and Associates Consulting Engineers, L.P. to bore
under Akron Avenue just south of 34th Street to install a private underground
pipeline conduit. The properties at 2555 34th and 2603 34th Street both had
underground gasoline storage tanks that leaked in the past. Grimes & Associates,
the consulting company for these properties, was requested by TCEQ to design a
system that would clean up the contamination on both sides of Akron Avenue. The
system will have seven recovery wells on the east side of Akron Avenue and two
recovery wells on the west side of the street. The recovery system requires a
horizontal bore under Akron Avenue with an eight -inch conduit that will contain two
vacuum lines, two compressed air lines and two water lines. These lines will
connect the recovery wells on the west side of Akron Avenue to the remediation
equipment on the east side of the street. The charge for this license will be the
$50.00 minimum per year and the license will be for 20 years, payable every five
years in advance for the amount due now of $250.00. All utility companies are in
agreement with this license.
Fiscal Impact
Yearly income of $50.00 to the City.
Staff Submitting/Recommendation
The Right -of -Way Department recommends the approval of this street use license
with Grimes and Associates Consulting Engineers, L.P.
City Council Meeting