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Home My WebLink AboutResolution - 2251 - Mineral Rights Deed- State Of Texas- Conveyace Error, 51.43 Acres Sec 5 Block A - 02/13/1986MH: da RESOLUTION Resolution #2251 February 13, 1986 Agenda Item #37 WHEREAS, the City of Lubbock conveyed to the State of Texas, acting by and through the State Highway Commission, a certain tract of land contain- ing 51.430 acres more or less, out of Section 5, Block A, Lubbock County, Texas, and WHEREAS, said deed which is filed in Volume 820 Page 437 of the Lubbock County deed records, reserved to the City of Lubbock all oil, gas and sulphur under said land but waived all rights of ingress and egress, and WHEREAS, the City of Lubbock, thereafter executed a quit claim deed to the State of Texas, acting by and through the State Highway Commission conveying all right, title and interest in the above described land, and WHEREAS, it was not the intent of the City of Lubbock to convey the oil, gas, and sulphur in and under the above tract of land, and WHEREAS, the quit claim deed which conveyed the oil, gas and sulphur to the State of Texas was executed in error; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT due to the fact that it was not the intent of the City of Lubbock to convey the oil, gas and sulphur under the 51.430 acres out of Section 5, Block A, and the conveyance of the oil, gas and sulphur was done in error, the City of Lubbock hereby requests that State of Texas, acting by and through the State Highway Commission reconvey to the City of Lubbock all oil, gas and sulphur, at no cost to the City of Lubbock, under the tract of land described in attachment "A", attached herewith as a part of this Resolution. Passed by the City Council this 13th ATTEST: Nanette Boyd, laity Secretary APPROVED AS TO CONTENT: �It obert Massengale, A sistant City Manager for Financial Services day of February , 1986. ALAN ENRY, MAYO APPROVED AS TO FORM: Mic ele Hart, Assistant City Attorney Resolution #2251 Lubbock County Loop 289 RW 783-2-2 Field Notes Parcels 274A and 274B 51.430 acres of land, more or less, same being out of and a part of that certain 625.4 acre tract of land out of Section 5, Block A, Lubbock County, Texas, which 625.4 acre tract was conveyed to the City of Lubbock by deed dated 16 May 1947, of record in vol. 355, page 291, Deed Records of Lubbock County, Texas, which 51.430 acres of land is more particularly described by metes and bounds as follows: Parcel 274A BEGINNING at a point in the east boundary line of Section 5, said point is 411.1 feet north of the southeast corner of said section: 1) THENCE North 44°09' West, 648.1 feet to a point on a curve, said point is North 45051' East, 5,579.65 feet from the center of said curve; - 2) THENCE northwesterly along said curve to the left, a distance of 2,554.6 feet; 3) THENCE North 70°23' West, 710.9 feet; 4) THENCE North 78°49' West, 1,195.7 feet; 5) THENCE North 25023' West, 100.0 feet, to a point in the southeast right-of- way line of the P. & S.F. RR; 6) THENCE North 64037' East, along said right-of-way line, 840.0 feet; 7) THENCE South 25023' East, 160.0 feet; 8) THENCE South 62026' East, 551.7 feet; 9) THENCE South 70°23' East 710.0 feet, to a point on a curve, said point is North 19037' East, 5,879.65 feet from the center of said curve; 10) THENCE southeasterly along said curve to the right, a distance of 2,692.0 feet; 11) THENCE South 44°09' East, 334.5 feet, to a point in the east boundary line of Section 5; 12) THENCE South 0025' East, 434.0 feet to the place of beginning and contains 36.943 acres. r Parcel 274B BEGINNING at the point of intersection of the west boundary line of Section 5 and the northwest right-of-way line of the P. & S.F. RR, said point is 2,550.8 feet north of the southwest corner of said section; 1) THENCE North 0017' West, along said west line, 1,457.3 feet; 2) THENCE North 89°43' East, 90.0 feet, to a point on a curve, said point is South 89°43' West, 513.69 feet from the center of said curve; 3) THENCE southerly along said curve to the left, a distance of 138.8 feet; .4) THENCE South 15°47' East, 178.8 feet, to a point on a curve, said point is North 74°13' East 633.69 feet from the center of said curve; 5) THENCE southerly along said curve to the right, a distance of 100.0 feet, to a point on a curve, said point is South 83°16' West, 75.0 feet from the center of said curve; 6) THENCE easterly along said curve to the left, a distance of 89.3 feet; 7) THENCE South 74058' East, 1,180.0 feet; 8) THENCE South 25°23' East, 30.0 feet, to a point in the northwest right-of- way line of the P. & S.F. RR; 9) THENCE South 64°37' West, along said right-of-way line 735.0 feet; 10) THENCE North 57°42' West, 169.5 feet, to a point on a curve, said point is North 19°37' East, 5,519.4 feet from the center of said curve; 11) THENCE westerly along said curve to the left, a distance of 369.2 feet, to a point on a curve, said point is North 15047' East, 75.0 feet from the center of said curve; 12) THENCE southwesterly along said curve to the left, a distance of 130.3 feet, to a point on a curve, said point is North 83047' West, 5,669.65 feet from the center of said curve; 13) THENCE southerly along said curve to the left, a distance of 434.4 feet, to a point in the northwest right-of-way line of the P. & S.F. RR; 14) THENCE South 64°37' West, 103.6 feet to the place of beginning and contains 14.487 acres. Coopers &Lybrand certified public accountants First National Bank Building 13th Floor Lubbock, TX 79401 The Honorable Mayor Alan Henry and Members of the City Council City of Lubbock Lubbock, Texas Gentlemen: telephone (806) 744-3333 Letter of Understanding Resolution #2251 in principal areas of the world February 13, 1986 In response to the request of J. Robert Massengale, Assistant City Manager for Financial Services, we are submitting this proposal in order to enable the Council, Board of City Development of the City of Lubbock (BCD), and the Chamber of Commerce (Chamber) comply with the new contract between the BCD and the Chamber. The new contract, in Article I, provides for a "final transitional audit as to the disposition of all BCD funds received by the Chamber", and the period of time covered by the contract for these funds extends from October 1, 1979 through termination of the previously existing contract under Ordinance #8057 dated July 10, 1980. We will use January 31, 1986 as the termination date of our work as we understand a partial transfer of funds was made that date. The scope of our work, for which we will issue a special report thereon, will be to trace the funds allotted to the Board of City Development by statute during the above-mentioned period of time. As both the Chamber of Commerce and the Board of City Development have been audited on a routine basis in the past, we do not feel that it is appropriate to reexamine either entity but instead to determine that the proper amount of funds were transmitted to the BCD and the ultimate use of those funds. This -2 - would include the determination of the use of the funds that are reflected as transfers to other entities not included in the Chamber of Commerce nor Board of City Development financial statements, as well as a review for fixed assets acquired, which, because of governmental accounting requirements, would have been accounted for as an expenditure. As the contract between the BCD and the Chamber reflect in the attachments thereto that there are outstanding obligations which will not be satisfied until a later point, we deem it appropriate not to audit the "stub period" for the period commencing October 1, 1985, as this period will have to be included in the audited financial statements of both the Chamber and the BCD for the fiscal year ended September 30, 1986. We feel that an examination of the short period would be duplicating work which will by necessity have to be done by each of the entity's outside auditors at the end of the fiscal year. We will,"of course, furnish our findings for that period to each entity's auditors to assist them in their examinations. Should you wish us to audit the stub period, we will issue a separate Letter of Understanding for your approval. It will be essential that both the BCD and Chamber authorize each of their auditors to make available to us their working papers and reports for fiscal years 1980 - 1985. We estimate our fee for performing the above services will range between $15,000 and $18,000, and agree that the fee will not exceed $18,000. Should you desire to extend the scope of our procedures, we will provide a fee estimate for such extended procedures, and will amend our Letter of Understanding with the Council's approval. We will be in a position to undertake this work within 30 days after your approval and issue a report thereon within 90 days following commencement of work. If the preceding conforms to your understanding of the desired scope of work, please sign the duplicate originals of this letter and return one to us. The other is for your files. We are looking forward to working with you on this engagement. The services described in the with our "quirem is and are Alan Henry, Mayor Very truly yours, ,00e9GiJ t; �- j/hn �✓ Certified Public Accountants foregoing letter are in accordance acceptable to us. February 13, 1986 Date a:�e'�nco_� . w !, �5 Approved u50(ip / /