HomeMy WebLinkAboutResolution - 2623 - Authorize Sale - TDHPT - L18-20 Block 172, Original Town Addition - 08/13/1987Resolution #2623
August 13, 1987
Agenda Item #20
"107
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
TEAT 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
Warranty Deed and Memorandum of Agreement conveying Lots 18, 19 and 20 in
Block 172, Original Town of Lubbock, Lubbock County, Texas, in favor of
the Texas Department of Highways and Public Transportation for Interstate
27, 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 part of this Resolution as if fully copied herein in detail.
Passed and approved this 13th day of August, 1987.
B. C. Mc'.MINN, MAYOR
ATTEST:
t
Ranet -Boyd, City Secretary
APPROVED AS TO CONTENT:
7
Ed Bucy, Right -of ay Anent
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
e Return To: Hector Serna, Jr., P.O. Box 771, Lubbock, TX. 79408-0771
M
i.e+State Department of Highways
and Public Transportation Res. #2623
'Form D-1511 (whole Taking)
Page 1 of 4 Rev. 356
DEED Lubbock County
I 27-7(8)305
Controlled Access Highway Facility 9005-27-13
Parcel 390
THE STATE OF TEXAS i
COUNTY OF
LUBBOCK
WHEREAS, the State Highway and Public 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 State Highway
and Public 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, The 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 One Hundred Fifty -Eight Thousand
Four Hundred Eighty -Six and No/100------------------------- Dollars ($-- 158.486.00 )
to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public 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 as follows, to wit:
See Field Note Attachment Exhibit A
Grantee's Address is P.O. Box 771, Lubbock, TX. 79408-0771
Page 2 of 4 Pages
EXHIBIT A
County: Lubbock
Highway: Interstate 27'
Project Limits: From U.S. 62 (19th Street) to Loop 289 (North)
Account: - 9005-27-13
Field Notes Parcel 390
Being all of Lots 18, 19 and 20 in Block 172, Original Town of Lubbock, in
the City of Lubbock, Lubbock County, Texas, according to a map or plat of
said Addition recorded in Volume 5, Page 385 of the Deed Records of Lubbock
County; the West 1/2 of said Lots 18, 19 and 20 being the same property described
in a Deed from A.V. Weaver and wife, Katie V. Weaver and S.H. Weaver and wife,
Lottie May Weaver to the City of Lubbock, Texas, dated May 25, 1931, recorded
in Volume 165, Page 427, Deed Records of Lubbock County, Texas; the East 1/2
of said Lots 18, 19 and 20 being the same property described in a deed from
S.H. Weaver to the City of Lubbock, Texas dated December 1, 1943, recorded in
Volume 273, Page 601, Deed Records of Lubbock County, Texas, containing an
area of 9750.0 square,feet of land, more or less.
Is
S attiDepartment of Highways
• od Public Transportation
Form D-1541 (whole Taking)
Page 3 of 4 Rev. 3B6
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the
following improvements located on the above-described property, to wit:
A. Concrete Pump Houses (2); B. Overflow Well & Casing; C. Chlorinator Piping; D. Wire
Fence; E. Pressure Pump, Motors & Controls; F. Concrete Water Reservoir; G Metal
Piping; H. Metal Tower
Grantors covenant and agree to remove the above-described improvements from said land by
December 31 , 19 87 , 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 pre-
scribed, 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.
TO HAVE AND TO HOLD the above described premises 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 13th day of
August , 19 87 ,
CITY OF LUBBOCK
sXJ • %'/ C
By:
anette Boyd, City ec tary B. C. McMinn, Mayor
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF A � QC k. f
BEFORE ME, O � 1 V � 4. � ' � O ` I �j , on this day
personally appeared Mc- 1 G M1nit ►11 A l � � (�
known to me (or proved to me on the oath of , a credible witness,) to be the person(s) whose name(s) is (are) subscribed to
the foregoing instrument and acknowledged to me that he/she/they executed tl�e same for the pts -poses and consideration therein expressed,
9C 416
GIVEN VWERrMV VAND AND SEAL OF OFFICE, This 1 ' I day of �'S' , A.D. 19-_I
ti� a
+,l r Notary Public,: of Texas
i r ; My Commission expires on the day of 19
MY CQMMISSION EXPIRES
NOVEMBER 30, 1989
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MEMORANDUM OF AGREEMENT
City of Lubbock
Mayor B. C. McMinn
1625 13th Street
Lubbock, Texas 79401
Gentlemen:
Res. #2623
July 20, 1987
County: Lubbock
Highway No: I-27
Location: From Loop 289 North, South
To 19th Street in Lubbock
Project No: I 27-7(8)305
Account No: 9005-27-13
Parcel No: 390
Our negotiations for highway right of way across your property have progressed
to the point that you have indicated a willingness to sign a deed in return for
payment as agreed to in our previous discussions. It is thought to be in the
best interests of both you and the State Department of Highways and Public
Transportation to confirm this agreement in order to avoid any possible misun-
derstanding as to the details of the purchase, or the process by which the State
Department of Highways and Public Transportation will make payment.
Your property consists of all of Lots 18, 19 and 20 in Block 172 of the Original
Town of Lubbock located at the southwest corner of Avenue B and 14th Street in
Lubbock, Texas. The right of way being purchased by the State Department of
Highways and Public Transportation has been thoroughly explained. The payment of
$158,486.00 as herein agreed to will constitute full payment to be made by the
State DepaFtment of Highways and Public Transportation for the property to be
conveyed to the State. The State and Owner have agreed to the following provi-
sions:
rovi-
sions:
1. 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.
2. 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.
3. Save and Except, However, it is expressly understood and agreed that
grantors are retaining title to the following improvements located
on the above described property, to -wit: (A) Concrete Pump Houses (2);
(B) Overflow Well and Casing; (C) Chlorinator Piping; (D) Wire Fence; (E)
Pressure Pump, Motors and Controls; (F) Concrete Water Reservoir; (G)
Metal Piping; (H) Metal Tower
Grantors covenant and agree to remove the above described improvements
from said land by December 31, 1987, subject, however, to such exten-
sions 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. Such extensions will be granted only
upon a showing by Grantors of extenuating circumstances which in the
opinion of the State will justify such extension.
MEMORANDUM OF AGREEMENT
Page 2
4. In consideration of the State's allowing Grantors to occupy the above-
described land after its acquisition by the State, Grantors agree that
such occupancy shall terminate not later than December 31, 1987, sub-
ject, however, to such written extensions of time as the Slate may
grant. Such extensions will be granted only upon a showing by Grantors
of extenuating circumstances which in the opinion of the State will
justify such extension.
Grantors agree that 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; however, Grantors shall not be
responsible for damage or destruction as a result of fire or other acts
of nature. 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, you will be reimbursed for any
fair and reasonable incidental expenses necessarily incurred in transferring
title to the property for use by the State Department of Highways and Public
Transportation. Expenses eligible for reimbursement may include (1) recording
fees, transfer taxes, documentary stamps, evidence of title, boundary surveys,
legal descriptions of the real property, and similar expenses incidental to con-
veying the real property to the Department and (2) penalty costs and other
charges 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 title will not be eligible for reimbursement.
Eligible incidental expenses will be reimbursed upon submission of a claim sup-
ported 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 review of a claim;
however, it must be filed with the District 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 herein provided constitute
the only promises, consideration and conditions of this purchase, and no other
promises, consideration or conditions have been promised or -implied, save and
except any benefits which may accrue under the State's relocation assistance
program and the mutual benefits to be derived by State Department of Highways
and Public Transportation and the owner from the signing of this instrument.
The State without cost to the owner, will pay the cost of recording all instru-
ments conveying title to the State.
MEMORANDUM OF AGREEMENT
Page 3
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 letter and the
execution of the deed, the State will proceed with the issuance of a State
warrant, which will be made out jointly to the owners of the property 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 the State Department of Highways and Public Transportation 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,
William M. Pope
District Engineer
State Department of Highways
and Public Transportation
I fully understand the State Department of Highways and Public Transportation's
proposal as contained in the above letter and acknowledge receipt of the
Brochure, "Relocation Assistance Program". I understand that relocation benefits
are handled entirely separate and in addition to this transaction and agree that
my execution of the Right of Way Deed is based on this understanding.
CITY OF LUBBOCK
c
By :
. C. McMinn, Mayor
Date: 8-13-87
ATT
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