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HomeMy WebLinkAboutResolution - 6572 - Memorandum Of Agreement & Deed - TDHPT - 49,236 Sq. Ft. Of Land - 10/28/1999Resolution No. 6572 Oct. 28, 1999 Item No. 17 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 Deed conveying some 49,236 square feet, more or less, of land out of Tract "A", Entrada Del Norte Subdivision of Block Eight (8) and Block Twenty -Four (24), Original Town Addition, to the City of Lubbock, as recorded by Dedication Deed in Volume 1429, Page 278 of the Deed Records of Lubbock County, Texas, in favor of the Texas Department of Highways and Public Transportation, said Deed to be in a form that shall be acceptable to the City Attorney of the said City of Lubbock. Passed by the City Council this 28th day of October , 1999. qllf."" &61� c WINDY SI ON, MAYOR ATTEST: 16.4 Kayt i Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs:ccdocs/Entrada Del Norte Subdivision.res October 4, 1999 Texas Department of Transportation ROW-RIN-1 (Page 1 of 5) T9-96 City of Lubbock P.O. Box 2000 Lubbock, Texas 79408 Dear Property Owner(s): I.; ,. „6 t Resolution 80. 6572 Oct. 28, 1999 Item A0. 17 MEMORANDUM OF AGREEMENT County: Lubbock Highway No.: U.S. 82, (East-West Freeway) Location: From 2.012 km S.W. of Loop 289, To: 1.287 km East of IH -27 Project No.: 8005-1-20 CSJ No.: 0380-01-053 Account No.: 8005-1-20 Parcel No.: 198A You have indicated a willingness to sign a deed for your property which consists of 4574.2 M2 (49,236 Sq.Ft.) of Land out of Tract A, Entrada Del Norte Subdivision of Block 8 and Block 24, Original Town of Lubbock, Lubbock County, Texas and located at SW Comer of U.S. 82 & Texas Avenue. It is important to confirm this agreement in order to avoid any possible miunderstanding as to the details of the purchase or the process by which the Texas Department of Transportation (TxDOT) will make payment. The payment of $73,850.00 as herein agreed will constitute full payment to be made by TxDOT for the property to be conveyed to the State. TxDOT and the,owner(s) have agreed to the following provisions: Until payment is made by the State, title and possession of the property 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 the State shall have the right to terminate this agreement. That you will execute a general warranty deed to the State conveying a clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the Deed. Save and Except, However, it is expressly understood and agreed that Grantors are retaining title to the following improvementf s) located on the above described property, to -wit: NONE 1i SII U lu I 0 i 1e1 ■ MEMORANDUM OF AGREEMENT October 4, 1999 In consideration of the State's allowing Grantors to occupy the herein described land after its acquisition by the State, Grantors agree that such occupancy shall terminate not later than December 31, 1999, subject, however, to such written, extensions of times as the State may grant. Such extensions will be granted only upon a showing by Grantors of extenuating circumstances which in the sole opinion of the State will justify such extension. Grantors agree that such occupancy shall be for their benefit exclusively, and the Grantors acknowledge that said occupancy hereunder shall be for their sole benefit and that no payment has been made or is to be made to the State.for use of said premises, and that any attempt to assign such benefit, or to lease, rent, sublet, or in any manner suffer or permit occupancy of the land or improvements thereon by a third party shall automatically suspend the operation of this provision, and the State shall then have immediate right of possession. With respect to any improvements located upon said land, title to which is to be acquired by the State, Grantors shall make every reasonable effort to keep such improvements in good repair and shall exercise such diligence as may be necessary to protect same from damage. Grantors acknowledge that they are occupying the premises "AS IS" with all faults. Grantors hereby waive any and all causes of action, claims, demands, damages and liens based on any warranty, expressed or implied, including but not limited to any implied warranty of suitability for a particular purpose and any warranty of habitability. Grantors shall indemnify and hold harmless the State, its successors or assigns and its agents, representatives and employees ("Indemnified Parties"), against any and all proceedings, suits, actions, claims, damages, judgments, liabilities, awards and expenses whatsoever ("Claims") which may be brought or instituted on account of or growing out of any and all injuries or damages, including death, to persons or property relating to any occurrence in, upon, at or from the said premises or any part hereof, and all losses thereto, including but not limited to, all costs of defending against, investigating and settling the Claims. "*to the extent permitted by law" Grantors agree that the State's employees or agents may make inspections of the premises from time to time, and that the State will be notified at the time Grantors vacate the premises. After the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation as determined through eminent domain proceedings to acquire real property, you will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the property for use by the Texas Department of Transportation. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and similar expenses incidental to conveying the real property to the Department and (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable K 36 MEMORANDUM OF AGREEMENT October 4, 1999 title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. You may file a written request for review if you believe that the Department failed to properly determine the eligibility for or the amount of incidental expenses to be reimbursed. There is no standard form on which to request a review of a claim; however, the claim must be filed with this office within six months after you are notified of the Department's determination on any claim for reimbursement. 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, save and except any benefits which may accrue to you under the State's Relocation Assistance Program and the mutual benefits to be derived by you and the Texas Department of Transportation from the signing of this agreement. The State, without cost to you as 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 Deed and satisfy yourself as to its provisions. With your signing of this agreement and execution of the Right of Way Deed, the State will proceed with the issuance of a State warrant, which will be made out jointly to you and to Stewart Title of Lubbock, Inc. agent for Stewart Title Guaranty Company. This company has been designated as the State's closing agent and is responsible to see that TxDOT obtains dear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. 3 Sincerely, Carl R. Utley, P.E. District Engineer, Lubbock District Texas Department of Transportation MEMORANDUM OF AGREEMENT October 4, 1999 "I (We) fully understand the Texas Department of Transportation's 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 by: WINDY SITTON title: MAYOR 17560005906 VID No. October 28, 1999 Date CRUrtb Mayor WINDY SITTON October 28, 1999 Date N ATTEST: Kay h e Darnell, City Secr-etary Texas Department of Transportation FormD-15-11 (Whole Taking) Page 2 of 3 Rev. 9/91 Resolution No. 6572 Oct. 28, 1999 Item No. 17 After recording, please return this instrument to: TX -DOT, ROW Section, P.O. Box 771 Lubbock, TX 79408-0771 Texas Department of Transportation FormD-15-11 (Whole Taking) Page 1 of 3 Rev. 9/91 DEED Acct No. 8005-1-20 Controlled Access Highway Facility Parcel No. 198A THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the Texas Transportation Commission has been authorized under House Bill 179, Acts of the 55th Legislature, Regular Session, 1957 (Article 6674w-1, et seq., Vernon's Annotated Civil Statutes of Texas) to purchase land and such other property rights deemed necessary for the purposes of facilitating the construction, maintenance and operation of Controlled Access Highways; and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary by the Texas Transportation Commission for the purposes of facilitating the construction, maintenance and operation of a Controlled Access Highway facility; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, 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 Seventy-three Thousand, Eight Hundred Fifty and No/100 Dollars ($73,850.00) 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, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, more particularly described in Exhibit "A', which is attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit "A", to wit: NONE Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. GRANTEE'S ADDRESS: Texas Department of Transportation, ROW Section, P.O. Box 771 Lubbock, TX 79408-0771 Texas Department of Transportation Form D-15-11 (Whole Taking) Page 3 of 3 Rev. 9/91 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its 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 of October , 19 99 City o Lubbock by: WINDY SI N MAYOR 28th A76ST: Ka i Darnell City Secretary title: ********************************************************************************************* day ACKNOWLEDGMENT THE STATE OF COUNTY OF } This instrument was acknowledged before me on by Notary Public, State of Texas My commission expires on the day of , 19 ******************************************************************************************** CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on by WINDY SITTON MAvntr Of r_he City of Trthhnrk a Municipal corporation, on behalf of said corporation. L"k Nota blic, State of Texas �" 000! �! My commission expires on theq- day of ,x'94_. WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO *ARIZONA* NEVADA * UTAH County: Lubbock Account No: 8005-01-20 CSJ No: 0380-01-053 Highway No: U.S. 82 Parcel No: 198A Grantor: City of Lubbock, Texas EXHIBIT "A" Being 4574.2 M2 (49,236 square feet) of land out of Tract A, Entrada Del Norte Subdivision of Block 8 and Block 24, Original Town, City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 1429, Page 278 of the Deed Records of Lubbock County, Texas, and being the same property conveyed by deed dated June 25, 1975 by Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas to the City of Lubbock, Texas and recorded in Volume 1431, Page 828 of the Deed Records of Lubbock County, Texas, which said 4574.2 M2 (49,236 square feet) of land is more particularly described as follows: . BEGINNING at a'/z Iron Rod with Cap, set for the Northwest and beginning corner of this parcel whence the Northeast corner of Lot 24, Block 7, Original Town bears North 029704" East, 8.404 meters (27.57 feet); (1) THENCE Southeasterly along the arc of a curve to the right, the existing Right -of -Way line of U.S. Highway 82 (4d' Street) as recorded in volume 6041, Page 262 of the Official Real Property Records of Lubbock County, Texas, an arc distance of 37.058 meters (121.58 feet) to a '/z" Iron Rod with Cap, set for a corner of this parcel, said curve has a radius of 491.954 meters (1614.02) feet and a chord that bears South 74156'03" East 37.052 meters (121.56); (2) THENCE South 72°46'34" East, along the existing Right -of -Way line of the afore said U.S. Highway 82, 53.191 meters (174.51 feet) to a'/z" Iron Rod with Cap, set for a corner of this parcel; PAR198A.doc (806) 792-4731 • Fax (806) 792-1646 3330 70th Street, Suite 201 • Lubbock, Texas 79413 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS * NEW MEXICO - ARIZONA - NEVADA - UTAH (3) THENCE South 22°48'41" East, along the existing Right -of -Way line .of the afore said U.S. Highway 82, 11.445 meters (37.55 feet) to a '/2" Iron Rod with Cap, set on the existing Westerly Right -of -Way line of Texas Avenue for a comer of this parcel; (4) THENCE Southwesterly along the arc of a curve to the right, the existing Westerly Right -of -Way line of Texas Avenue, an arc distance of 21.190 meters (69.52 feet) to a '/2" Iron Rod with Cap, set for a comer of this parcel, said curve has a Radius of 160.804 meters (527.57 feet) and a chord that bears South 29° 18'10" West, 21.174 meters (69.47 feet); (5) THENCE South 33104'40" West, along the existing Westerly Right -of -Way line of Texas Avenue, a distance of 48.741 meters (159.91 feet) to a 1/2 Iron Rod with Cap, for the most Southerly corner of Tract "A", Entrada Del Norte Subdivision; (6) THENCE Northwesterly, along the arc of a curve to the left, the existing Northeasterly Right -of -Way line of the A. T. & S. F. Railroad and being the proposed Right -of -Way line of U.S. Highway 82, an arc distance of 29.413 meters (96.50 feet) to a 1/2 Rod with Cap, set for a corner of this parcel, said curve has a radius of 1761.620 meters (5779.58 feet) and a chord that bears North 38°21'42" West, 29.413 meters (96.50 feet); (7) THENCE South 87°42'56" East, along the existing Right -of -Way line of the A. T. & S. F. Railroad and being the proposed Right -of -Way line of U.S. Highway 82, a distance of 2.496 meters (8.19 feet) to a 1/2 Iron Rod with Cap, set for a corner of this parcel; (8) THENCE North 0201704" East, along the existing Right -of -Way line of the A. T. & S. F. Railroad and being the proposed Right -of -Way line of U.S. Highway 82, a distance of 7.925 meters (26.00 feet) to a 3/8" Iron Rod, found for a corner of this parcel; (9) THENCE North 87°42'56" West, along the existing Right -of -Way line of the A. T. & S. F. Railroad and being the proposed Right -of -Way line of U.S. Highway 82, a distance of 9.458 meters (31.03 feet) to a 1/2 Iron Rod with Cap, set for a corner of this parcel; (10) THENCE Northwesterly, along the arc of a curve to the left, the existing Northeasterly Right -of -Way line of the A. T. & S. F. Railroad and being the proposed Right -of -Way line of U.S. Highway 82, an arc distance of 47.143 meters (154.67 feet) to a 1/2 Iron Rod with Cap, set for a corner of this parcel, said curve has a radius of 1761.620 meters (5779.58 feet) and a chord that bears North 39°56'58" West, 47.143 meters (154.67 feet); PAR198A.DOC 2 (806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79,413 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS * NEW MEXICO • ARIZONA • NEVADA * UTAH (11) THENCE North 0201704" East, along the East line of Block 7, Original Town and being the proposed Right -of -Way line of U.S. Highway 82, a distance of 27.859 meters (91.40 feet) to the P.O.B., of which contains an area of 4574.2 M2 (49,236 square feet). A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND JUNE, 1996 REGISTERED P FESSIONAL LAND SURVEYOR J- J 4 -q g,. Note: English units are provided for information only. 3 PAR 198A.DOC (806) 792-4731 • Fax (806) 792-1646 3330 70th Street, Suite 201 -, Lubbock, Texas 79413 Texas Department of Transportation Form D-15-11 (Whole Taking) Page 3 of 3 Rev. 9191 After recording, please return this instrument to: Texas Department of Transportation Attn.: Mr. Joe T. Brown, Jr. P.O. Box 771 Lubbock, Texas 79408-0771 Parcel No. 198A County Lubbock Highway No. 82 CSJ No. 0380-01-053 Account or Federal No. 8005-1-20 Limits: From: 2.012 km (1.25 miles) S.W. of Loop 289 To: 1.287 km (0.8 miles) East of IH -27 DEED Controlled Access Highway Facility Grantors: City of Lubbock To: The State of Texas, Austin, Texas CERTIFICATE OF RECORDING Lary Hertel, City Engineer Agenda Items and Comments — City Council Meeting for October 28, 1999 Page 3 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT: # Consider a resolution authorizing the Mayor to execute a Memorandum of Agreement and a deed for the sale of a 49,236 sq. ft. tract of land out of Tract A, Entrada Del Norte Subdivision of Block Eight (8) and Block Twenty-four (24), Original Town Addition to the Texas Department of Transportation for the East-West Freeway (909 0 Street). BACKGROUND/DISCUSSION: The Texas Department of Transportation is in the process of buying right-of-way for the East-West Freeway along 4"' Street. The City owns a portion of Tract A, Entrada Del Norte Addition which is south of 4 h Street and west of Texas Avenue. In December of 1997, the City sold the north 21,871 sq. ft of Tract A to TxDOT. They have since come back to the City and desire to buy the remainder of the property for the freeway project. The offer from the State for this 49,236 sq. ft. is $73,850 or $1.50 per sq. ft., according to the appraisal written by the State's appraiser, Tommy Cantrell. The City's Right -of -Way Department has reviewed the appraisal of this property and finds it acceptable. This resolution authorizes the Mayor to execute a deed conveying the property and to execute a Memorandum of Agreement with TxDOT regarding the price, condition, occupancy date, and closing instructions. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the sale of this property to TxDOT. PARCEL No. 198A LEGAL DESCRIPTION: TOTAL AREA: 4,574.2 M2 (49,236 SQ. FT.) TRACT "A", ENTRADA DEL NORTE SUBDIVISION R.O.W. ACQUISITION: 4,574.2 M2 (49,236 SQ. FT.) OF BLOCK EIGHT (8) AND BLOCK TWENTY-FOUR (24), REMAINDER: NONE ORIGINAL TOWN, CITY OF LUBBOCK (VOL. 1431, PG. 828) I(VOL. 6041, PG. 262) U.S. 82 (4TH STREET) _ �9 �09 O O,P UNDERPASS RETAINING WAIL 00 f S 89 19'10 E 58.226 m (191.03') — t C7 TNIs POINT BEARS s z•n oa• w 6 �. 30.489 m 100.03' ED. 3/8" ( ) S 87 49'10" 34.708 m (1 13.87') SET R. . a.ao4 m (27.57) FROM THE ( ) 27.737 m 91.00' ORIGINAL N.E. CORNER LOT 24, 24 CO \ LOCK 7, O.T. LUBBOCK N SPIK I v P.O.B. MONITORING WELL ` ��MONITORING \(VOL. 994, PG. 602) 23 \ o MONITORING WELL \ (VOL. 6041, PG. 262) SET R.R. R\ R=9.144 m (30.00') * SPIKE W I CH.BRG.=S 36543 35" E \ 22 M E3 Z I 14.231 m (46.69') / Nn0 Wp ` I I ro > LLJ � 72.4 \ vIL (n O CH36RG58S 7 1 1 03')2E HwY`4 W.C\�OC1I 74 5 l E n X �i MANHOLE 37.052m (121.56') 604 pC G I $ o LLJ TRACT "A" 26 )\ '•' N Z ..� TELE.BOX I I TElE.BO% \ U, R=160.804 m (527.57') L=31.324 In (102.77') CH.BRG.=S 19°56'49" W NO IMPROVEMENTS w� / 31.276 m (102.61') MONITORING WELL 198A o o 0 64.731 m (212.37') RT. A�oA I I Al STA. 15+345.663 U R=1761.620 m (5779.58') L=47.143 m (154.67') CH.BRG.=N 39"56'58" W 47.143 m (154.67') 9 .c� 87°42'56" IS8m (31.( CALL 35.0' ED. 3/ I.R. 87-42'56" E 496 m (8.191) PLAT CALL 6' R=1761.620 m (5779.58') L=29.413 m (96.50') CH.BRG.=N 38021-42" W 29.413 m (96.50') I ITCLE.BOX 4P p`y FQ. =3 Py 2 /^ °Ob P 4A' 3/8" ROD — 6. 96 m (201) U7 EASEMENT A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. SURVEYED ON THE GROUND JUNE, 1996 REGISTERED RROFESSIOONNAL �LyANDD SURVEYOR /-17--[ 1, R=160.804 m (527.57') L=21.190 m (69.52') CH.BRG.=S 29"18'10" W 21.174 In (69.47') J<v SCALE = 1 :400 • = SET 1 /2" ROD W/ CAP 0 = SET 1/2" ROD W/ CAP PROPOSED R.O.W. EXISTING R.O.W. III CONTROL OF ACCESS LINE BASIS OF BEARINGS: BEARINGS ARE GRID BEARINGS BASED ON INTERSTATE 27 CONTROL POINTS AS ESTABLISHED BY TxDOT FROM LAMBERT GRID SYSTEM, NAD 27, TEXAS NORTH CENTRAL ZONE. NOTE: ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY.