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HomeMy WebLinkAboutResolution - 6092 - Memo Of Agreement And Deed - TX Dept. Of Highways And Public Transportation - 11/12/1998Resolution No. 6092 Item No. 33 November 12, 1998 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 65,242.0 square feet, more or less, of land out of the Northwest Quarter (NW/4) of Section 15, Block B, Lubbock County, Texas, same property described in Volume 1154, Page 145 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 12th day Qf November , 1998. V8rTOM,-54AWR APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agkbt APPROVED AS TO FORM: Supervising Attorney/Office Practice gs/ccdocs/Texas Dept of Highways & Public Transp.res October 21, 1998 Texas Department of Transportation ROW-RIN-1 (Page 1 of 5) T9-96 MEMORANDUM OF AGREEMENT City of Lubbock 2000 Lubbock, Texas 79457 The Honorable Windy Sitton, Mayor Resolution No. 6092 Item No. 33 November 12, 1998 County: Lubbock Highway No.: U.S. 82, (East-West Freeway) Location: From 2.012 km S.W. of Loop 289, P.O. Box 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.: 61 You have indicated a willingness to sign a deed for your property which consists of 6061.18 M2 (65,242.0 sq. ft.) of land, being all of a tract out of the Northwest Quarter of Section 15, Block B, Lubbock County, Texas and located at the Northeast comer of Quaker Ave. and Brownfield Highway (U.S. 82) 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 $82,642.00 (Eighty -Two Thousand, Six Hundred Forty-two and Noll 00 Dollars 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 improvement(s) located on the above described property, to -wit: NONE MEMORANDUM OF AGREEMENT October 21, 1998 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 March 1, 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. 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 noted 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 0a MEMORANDUM OF AGREEMENT October 21, 1998 prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable 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 Lubbock Abstract & Title Company agent for Lawyers Title 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 not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. Sincerely, ari .Utley, 'P"' E. District Engineer, Lubbock District Texas Department of Transportation 3 MEMORANDUM OF AGREEMENT October 20, 1998 " 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 A4 Title:Wy,NDY S I:TTQN MAYQR, ATT ST: b f j &au� Kayt a Darnell City Secretary November 12, 1998 Date: CRUfjtb 4 17560005906000 Vendor's Identification Number -- Resolution No. 6092 Item No. 33 November 12, 1998 After recording, please return this instrument to: TX -DOT, ROW Section, P.O. Box 771 Lubbock, TX 79408-0771 Texas Department of Transportation Form D-15-11 (Whole Taking) Page 1 of 3 Rev. 9/91 DEED Acct No. 8005-1-20 Controlled Access Highway Facility Parcel No. 61 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 Eighty-two Thousand, Six Hundred Forty-two and No/100 Dollars ($82,642.00) 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 covenant and agree to remove the above-described improvements from said land by the 1st day of March, 1999, subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. 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 FormD-15-I1 (Whole Taking) Page 2 of 3 Rev. 9/91 Resolution No. 6092 Item No. 33 November 12, 1998 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 November '1998 CITY OFLUBBOCK 12th day ATTEST: Ka thie Darnell, City Secretary CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS } COUNTY OF LUBBOCK } This instrument was acknowledged before me on by WINDY S ITTON, MAYOR ofthe CITY OF LUBBOCK a Municipal corporation, on behalf of said corporation. anmomom _ • SYLVIA H. REYES t�ca Nam Public. State of Texas Nota9y Public, State oY Texas .,�,.• My Commission Expiros 04-23-02 //�� My commission eapires.on thea day ofu _, 1902. WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO o ARIZONA . NEVADA . UTAH County: Lubbock Account No: 8005-1-20 CSJ No: 0380-01-053 Highway No: U.S. 82 Parcel No: 61 Grantor: City of Lubbock EXHIBIT "A" Being 606 1. 18 M2 (65,242.0 square feet) of land, being all of a tract out of the Northwest Quarter (NW/4) of Section 15, Block B, Lubbock County, Texas as recorded in Volume 1154, Page 145 of the Deed Records of Lubbock County, Texas, and being the same property described in a deed dated January 15, 1968 from Ralph Lindsey, Jr. to the City of Lubbock as recorded in Volume 1154, Page 145 of the Deed Records of Lubbock County, Texas, which said 6061.18 M2 (65,242.0 square feet) of land is more particularly described as follows: BEGINNING at a 1/2" Iron Rod, set in the East line of existing Right -of -Way line of Quaker Avenue, for .the Northwest and beginning corner of this parcel, said 1/2" Iron Rod being the Southwest corner of Lot One (1), Block Three (3), John W. Jarrott Subdivision, an Addition to the City of Lubbock, Lubbock County, Texas: THENCE South 88 012'59" East, along the North line of said 6061.18 M2 (65,242.0 square feet) of land and the South line of Lot One (1), Block Three (3), John W. Jarrott Subdivision, 75.959 meters (249.21 feet) to a point in the Northeast corner of this parcel and in the West line of a 20 foot drainage channel recorded in Volume 181, Page 136 of the Deed Records of Lubbock County, Texas; THENCE South 01 045'57" West, along the West line of said 20 foot drainage channel recorded in Volume - 181, Page 136. of the Deed Records of Lubbock County, Texas, a distance of 52.941 meters (173.69 feet) to a calculated point being in the existing Right -of -Way line of the Seagraves, Whiteface and Lubbock Railroad; THENCE South 56°30'58" West, along the existing North Right -of -Way line of the Seagraves, Whiteface and Lubbock Railroad, 93.019 meters (305.18 feet) to a 1/2" Iron Rod, set for the Southwest corner of this parcel and in the existing East Right -of -Way line of Quaker Avenue; PAR6 LDOC (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 e ARIZONA • NEVADA . UTAH THENCE North 01 °46'05" East, along the existing East Right -of -Way line of Quaker Avenue, 106.650 meters (349.90 feet) to the P.O.B., of which contains an area of 6061.18 M2 (65,242.0 square feet). A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND DECEMBER, 1995 G D. WILSON, R.P.L.S. Note: English units are provided for information only. 2 PAR6I.DOC (806) 792-4731 . Fax (806) 792-1646 . 3330 70th Street, Suite 201 . Lubbock, Texas 79413 MAP IN FILE SEE RESOLUTION # oqa 0 0 N F4 ^ 3 L _ Z Q WLO O z p F- d IL w m >- • v�wzQ- M Y NU �IRt L. V- =) . W OpzULo m QO I- p r F-- Y r O (D p U J O JUVwmO N � w M �O 0 0 N F4 ^ 3 L _ or ^V 0 M Y NU �IRt O V) (V m O (D •- O N � w M ^ eKJ N '— ILO O 00 r •• •z O w �—OF=p (D O V) Z. ..D LLJ OQCY� J Q Q 0 WJ .Z <0 w CL F-- Of w After recording, please return this instrument to: Texas Department of Transportation Ann.: Mr. Joe T. Brown, Jr. F.O. Box 771 Lubbock, Texas 79408-0771 Parcel No. County Highway No. CSJ No. Account or Federal No. Limits: Grantors: To: 61 Lubbock 82 0380-01-053 8005-1-20 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 City of Lubbock The State of Texas, Austin, Texas CERTIFICATE OF RECORDING PARCEL No. 61 TOTAL AREA: 6061.18 M2 (65,242.0 SQ. FT.) R.O.W. ACQUISITION: 6061.18 M2 (65,242.0 SQ. FT.) REMAINDER: NONE SET 1/2" ROD LOT 1, Y Q 0 :K 3, JOHN W Vol. 2107, Pg LEGAL DESCRIPTION A TRACT OUT OF THE N.W. 1 /4 OF SECTION 15, BLOCK B, LUBBOCK COUNTY, TEXAS JARROTT SUBD. VOL.1 154, PG. 145 100 ) BOTH COR.'S n FALL IN WATER S.W. COR. LOT 1, BLK. 3 8 °12 59' E 7 .95 m 2 9 2 , JOHN W. JARROTT SUBD. WATER PUMP STATION - — — --- — — — THIS PARCEL DEED (VOL. 1 154 P. 145) `D CONFLICTS WITH DRAINAGE CHANNEL DEED (VOL. 181 P. 136) E 1 SET 1/2" ROD CALC. POINT (UNDER WATER) I A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. SET 1/2" ROD SURVEYED ON THE GROUND DECEMBER, 1995 7.471 m (24.51 ') LT. STA. 9+ 125.648 OH ELEC —x—x x— LINE TYPES CONCRETE GUARD RAIL OVERHEAD ELECTRIC STEEL PIPE & CABLE FENCE SYMBOL TYPES • PROPERTY CORNER AS NOTED * POWER POLE o LIGHT POLE 0 WATER PUMP (j REGISTERED PROFESSIONAL LAND SURVEYOR NOTES: 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. ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY.