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HomeMy WebLinkAboutResolution - 4944 - Special Warranty Deed-BCP Limited-Lot 97, West Side Addition - 09/14/1995T- Resolution No. 4944 September 14, 1995 Item #16 WHEREAS, a 6,999.71 square foot tract of land out of Lot 97, West Side Addition to the City of Lubbock, Lubbock County, Texas, is hereby determined to be surplus to the needs of the City of Lubbock and can be sold, due to its size and shape, without bid procedures or publication to abutting owners for its fair market value pursuant to Section 272.001 of Vernon's Texas Codes Annotated Local Government Code. WHEREAS, said land has an appraised fair market value of $2,500.00, and abutting owner, BETENBOUGH & COMPANY PARTNERS LIMITED, have offered to purchase said land, and this City Council has hereby determined that it would be in the public interest to sell said land to said abutting owner at said fair market value; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT said sale as hereinabove set forth in the preamble hereof is hereby approved. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Special Warranty Deed from the City of Lubbock unto the said BETENBOUGH & COMPANY PARTNERS LIMITED, as Grantee, for a consideration of $2,500.00, in cash paid to the City of Lubbock by said Grantee, a copy of which Deed is attached hereto and shall be spread upon the minutes of this Council, and as so spread upon said. minutes shall constitute and be part hereof as if fully copied herein in detail. Passed by the City Council this ATTEST: etty A fohnson City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Dep ent Mis/swn-s&c.REs ccdocs/August 18, 1995 APPROVED AS TO FORM: eff artsell, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution No. 4944 September 14, 1995 Item 4616 KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, acting through its Mayor hereunto duly authorized, herein called "GRANTOR", for and in consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by BETENBOUGH & COMPANY PARTNERS LIMITED, herein called "GRANTEE", in cash, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, express or implied, is retained: Has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the said GRANTEE all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: All of Lot 97, West Side Addition to the City of Lubbock, Lubbock County, Texas, SAVE AND EXCEPT the following described tract: FIELD NOTE DESCRIPTION on a 1,702 square foot tract of land out of Lot 97, West Side Addition to the City of Lubbock, Lubbock County, Texas, and being out of Section 44, Block A -K, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 3/4" iron pipe found at the Southwest corner of said Lot 97 for the Southwest and beginning corner of this tract, whence a railroad spike found at the Southwest corner of Section 44 bears North 87°39'47" West, a distance of 59.93 feet and South 02'20'13 " West, a distance of 515.04 feet; THENCE N. 02017'56" East, along the West line of said Lot 97, a distance of 109.98 feet to a 1/2" rod set for the point of curvature of a curve to the right; THENCE Northeasterly, along the arc of said curve an arc distance of 23.56 feet to a 1/2" rod set for the point of tangency, said curve has a radius of 15.00 feet, a central angle of 90000'00", tangent lengths of 15.00 feet and a chord that bears North 47°17'56" East, a distance of 21.21 feet; THENCE S. 87042'04" E., a distance of 8.88 feet to a 1/2" iron rod set for the point of curvature of a curve to the left; THENCE Southwesterly, along the arc of said curve, an arc distance of 25.05 feet to a 1/2" iron rod set for the point of tangency, said curve has a radius of 15.00 feet, a central angle of 95°40'07", tangent lengths of 16.56 feet and a chord that bears S. 44027'52" W., a distance of 22.24 feet; THENCE S. 03°22'11" E., a distance of 109.03 feet to a 1/2" iron rod set in the South line of said Lot 97 for the Southeast corner of this tract; THENCE N. 87042'04 W., along the South line of said Lot 97, a distance of 19.73 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging to the said GRANTEE, its successors and assigns forever, and the said GRANTOR does hereby bind itself, its successors and assigns to WARRANT and FOREVER DEFEND all and singular the said premises unto the said GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof by, through, and under GRANTOR. WITNESS MY HAND this 14th,===Aay of September '1995. CITY B ATTEST: betty A Johns6n—,iNty Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa Agent APPROVED AS TO F RM: —W —'-' /7 f Ffartsell, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK VID R. LANGS'l ON, MA BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, Texas, on this day personally appeared the said DAVID IL LANGSTON, Mayor, 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 herein expressed, and in the capacities herein stated as the act and deed of said CITY OF LUBBOCK. GIVEN ER MY HAND AND SEAL OF OFFICE thisday of i- be -Q- , 1995. •�, BEAfRIZ U. RdDRIGUEZ Notary Rage, $late of texas ary Public in and for the to f Texas '•n o. +.T' My Commialoa Expires 0"3.99 My Commission Expires: CAL03 aQ JH.js/SWD-B&C.DOC CityAtt/August 21, 1995 SPECIAL WARRANTY DEED BETENBOUGH & COMPANY PARTNERS LIMITED -- PAGE 2