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Home My WebLink AboutResolution - 3688 - Addendum To Drainage Easement-Escondido Oil- Environmental Investigations - 08/22/1991Resolution No. 3688 August 22, 1991 Item #14 i �j i 2196:1EVOL36C�0 PAGE 32 File And Return To Edtucy R-O_W JWF:dw 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 said City an Addendum to Drainage Easement to be entered into by and between the City of Lubbock and Escondido Oil, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of August , 1991. SEAL B. C. MtMINN, MAYOR �ST: Ranbtte Boyd, City SLvcrbtary APPROVED AS TO CONTENT: Ambert9assengale, ss Stant City— . egr for Financial Services APPROVED AS TO FORM: , Cf4 "4 n C. Ros_s_,___Jr., City Attorney r ac W 614 T/W,Orth Fullingim-, Assistant(/ CAttorney FILED FOR fECtt#i STATE OF TEXAS COUNTY OF LUBBOCK It hereby certify that this instrument was FILED an the Qste and ai Mtime statnped hereon by me and was d* ECOl in the V otume and Page of theMicial Real Property (� 1 S E P 6 F l; l , 26 Records of Lubbock County, Texas as stamped hereon by me. SEP 6 1991 Ou COUNTY CLERK v LUBBOCK COUNTY. TEXAS 4 Resolution No. 3688 �nn� August 22, 1991 L� Item. 414 a [VOL3680 PAGE 33 t� JWF:dw 24962 ADDENDUM TO DRAINAGE EASEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock, a Texas home rule municipality located in Lubbock County, Texas, hereinafter called "City" entered into a Drainage Easement agreement with Sentry Savings Association and several other financial institutions collectively called "Grantors" in said Drainage Easement agreement recorded in Volume 2655, Page 59 of the Real Property Records of Lubbock County, Texas, which agreement is hereby incorporated herein by reference and made a part hereof as if fully copied herein in detail in this place for a more particular description of the terms thereof; and WHEREAS, under the terms of said Drainage Easement, the City paid Grantors $141,000.00 for said Drainage Easement and the Grantors escrowed $110,000.00 for the purposes of developing a public park under the terms of said Drainage Easement; and WHEREAS, said Grantors, or their respective successors in interest, have conveyed certain real estate in Section 11, Block E-2, Lubbock County, Texas, unto Escondido Oil, Inc., herein called "Escondido" by Special Warranty Deed dated August 7, 1991, and, thereby, Escondido has succeeded by reason of said conveyance to the title to said real estate and the escrow funds in the amount of $110,000.00 plus interest thereon as provided for in said Drainage Easement and subject to the terms thereof; and WHEREAS, by reason of the prior existence of a private landfill, there was created a present need for environmental investigations and data and interpretations of such data in connection with said private landfill site, located within the area of said real estate conveyed to Escondido in order that said area could be more appropriately and properly developed, the expense of which environmental investigations and related matters were borne by Escondido in the amount of $39,370.65, which has caused a change in circumstances and conditions totally unforeseen by the parties to said original Drainage Easement, which calls for an addendum to said Drainage Easement for the purposes of reallocating the use of the $110,000.00 plus interest escrow fund above-described; and WHEREAS, Escondido as the successor in interest to the Grantors in the aforesaid Drainage Easement and the City as Grantee in said Drainage Easement are the appropriate and legal present parties with the right to enter into this addendum to said Drainage Easement; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT in consideration of the covenants made and to be performed by City and Escondido pursuant to said Drainage Easement, City and Escondido do hereby contract and agree to the following addendum to said Drainage Easement as follows: (1) Because of the changes of circumstances and conditions in connection with environmental investigations described in the preamble hereof above, Escondido shall be paid $39,370.65 out of said $110,000.00 plus interest escrowed funds to reimburse Escondido for its expense in conducting environmental investigations as aforesaid. This payment shall be made as soon as said escrow funds can be practicably accessed by the City and Escondido. i LvoL.3680 pm 34 (2) The remainder of said $110,000.00 plus interest escrow funds existing after the payment to Escondido in the amount of $39,•370.65 next -above described, shall remain in escrow to be expended on park development or paid to the City of Lubbock if no park is developed (as the case may be) in accordance with the original terms of said Drainage Easement. (3) Except as changed or modified specifically by this addendum, said Drainage Easement shall remain in all other respects the same. (4) This addendum (in addition to said Drainage Easement) is also a covenant running with the land, and is binding on the successors and assigns of the City and Escondido. EXECUTED this I5M,\ day of trtVQ1J5� , 1991. City of Lubbock B SEALpEAy • SL • B. C. McMINN, MAYOR BEST: Randtte Boyd, City SL6cretary APPROVED -AS TO CONTENT: Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: ohn . Ross, Jr., City Attorney J. 6fth Fullingim, Assist&nt City A rney Escondi o il, Inc. By: . �Aria YVA. Sessions President THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared MAyor Pro -�„�� ^ ii=e:': of the City of Lubbock, and acknowledged to me that he executed the above and foregoing instrument for the purposes and consideration therein expressed and in the cagGacity there' sta ed as the act and deed of aid City this ^"a a _ day of , 1991. 4z, Notary Public in and for the State of Texas [Sekl Typed or Printed Name of Notary =�Ac • r ' Vt1L3680 PAGE 35 " THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared H. A. Sessions, President of Escondido Oil, Inc., a Corporation, and acknowledged to me that he executed the above and foregoing instrument for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said Cor ora�tiorl.t-h" day of St" 1991. WM. MARK THOMPSON Notary htbtK, State of Texas My Cmomssmn Ewm October 28. 1991 '\f 00 Notary Public in a d for the State of Texas [seal] ►SEAL' Typed or Printed Name of Notary --o CM5M STATE OF TEXAS FEco'0 VILED FOI COUNTY OF LUBBOCK hereby certi,�y that this instrument was FILED on thl time stamped hereon by fm and was duly date and at t�Ra RECORDED in theVoiume and Paga of theofffcfal Rest Property `Records i� SEp All 'a 28 of Lubbock County, Texas as stamped hereon by role. SEP 6 1991 C;u"'i f*&, tcf& c oy, Tau,= Witt r6+ti.rlR./ •`� '_.•� A— "s COUNTY CLERK LUBBOCK COUNTY, TEXAS CM5M THE STATE OF TEXAS § °� COUNTY OF LUBBOCK g BEFORE ME, the undersigned authority, personally appeared H. A. Sessions, President of Escondido Oil, Inc., a Corporation, and acknowledged to me that he executed the above and foregoing instrument for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said Corporation this day of �zo.�st 1991. :� `e• WM. MARK THOMPSON ��/►�( Notary PUbbe, State of texas . y MyCommon ExpresOctober 28,1991 j•'toas Notary Public in and for the State of Texas [seal] . Typed or Printed Name of Notary, - - 3 -