HomeMy WebLinkAboutResolution - 1600 - Right Of Way Offer - TDHPT - I27 Project, Sec 79 Block A Lubbock County - 03/08/1984HW:da
RESOLUTION
RESOLUTION 1600 - 3/8/84
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 Deed and
related forms conveying a tract of land out of the East one-half of Section
79, Block A, Lubbock County, Texas, in favor of the Texas Department of
Highways and Public Transportation for Interstate 27, said Deed to be in a
form that shall be acceptable to the City Attorney of the City of Lubbock.
Said tract was previously conveyed to the City of Lubbock by Graham Mill
and Elevator Company by Deed dated December 20, 1947, and recorded in
Volume 349, Page 189 of the Deed Records of Lubbock County, Texas, and is
more particularly described by metes and bounds as follows:
BEGINNING at a point in the southeast corner of said tract and in the
west right-of-way line of U.S. 87 (Ave. A) and in the north right-of-
way line of Municipal Drive, said point being South 2°23126" West a
distance of 307.66 feet and North 87036134" West 2103.15 feet from the
Northeast corner of Section 79;
THENCE, South 44°43112" West along the south line of said tract a
distance of 385.88 feet to a point on a curve;
THENCE, Southwesterly along said curve to the right, having a radius
of 1,193.39 feet and radius bearing North 45°53127" West, said curve
being in the south line of said tract, a distance of 12.75 feet to a
point on the west line;
THENCE, North 14050138" East along the west line of said tract, a
distance of 151.51 feet to a point on a curve;
THENCE, Northeasterly along said curve to the right, having a radius
of 1,760.10 feet and radius bearing South 7509122" East, said curve
being in the west line of said tract, a distance of 386.55 feet to a
point on the east line of said tract;
THENCE, South 24041140" East along the east line of said tract, a
distance of 245.42 feet to the POINT OF BEGINNING.
•
e
Passed by the City Council this 8th day of March , 1984.
AL ENRY, 0
ATTEST:
elyn Ga fga, City a ry-Treasurer
APPR_OVVEED' AS TO CONTENt:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
t•7QhAC [7, W QQ Aft- r4
Harold Willard, Assistant City Attorney
- 2 -
MEMORANDUM OF AGREEMENT
February 14, 1984
City of Lubbock
Mr. Alan Henry, Mayor
916 Texas Avenue
Lubbock, Texas 79401
Attention: Mr. Tom Nivens
Gentlemen:
RESOLUTION 1600 - 3/8/8+
rl+r-r+i._= ,
I.
r!Ty SFC RF'TARY-TREASURER
County Lubbock
Highway No. I 27
Project: I 27-7(8)305
IH 27: From Loop 289 (N), South
To 19th Street in Lubbock
Parcel No: 153
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 51,707.00 square feet, more or less, of land out of
the East one-half of Section 79, Block A of Lubbock County, Texas located at
Municipal Drive and North Avenue H 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 $18,000.00 as herein agreed to will consti-
tute full payment to be made by the State Department of Highways and Public
Transportation for the property to be conveyed to the State. The State and Owner
have agreed to the following provisions:
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:
None
After payment of the above purchase price, you will be reimbursed for any fair
and reasonable incidental expenses necessarily incurred in transferring title to
the property to the State. Expenses eligible for reimbursement may include (1)
recording fees, transfer taxes and similar expenses incidental to conveying such
real property; and (2) penalty costs for prepayment of any pre-existing recorded
mortgage entered into in good faith encumbering such real property. Voluntary
MEMORANDUM OF AGREEMENT
Page 2
unnecessary expenses or expenses incurred in clearing questionable title will
not be eligible for reimbursement. Eligible incidental expenses will be reim-
bursed upon submission of a claim supported by receipted bills or other evidence
of actual expenses incurred.
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.
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
Western Title Company, agent for USLife Title Insurance Company of Dallas. 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.
Yours truly,
Ben Alley
District Engi r�
State Depart nt 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 L
Alanr'Mafo
RESOLUTION 1600
3/8/84
State Department of Highways
and Public Transportation
,Form D-15-11 (Whole Taking)
Pege1of4
Rev. 7-75
DEED
CONTROLLED ACCESS HIGHWAY FACILITY
THE STATE OF TEXAS
COUNTY OF LUBBOCK X
Lubbock County
I 27-7(8)305
9005-27-13
Loop 289 (N), South
to 19th St. in Lubbock
Parcel 153
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 facili-
tating 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 andin consideration of the sum of Eighteen )
thousand and no/100------------ -------------------------($ 18,000.00
Dollars 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 Attachment - Exhibit A
Grantee's address: P.O. Box 771
Lubbock, Texas 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 for Parcel 153
A 51,707.00 square foot tract of land out of the East one-half (E/2)
of Section 79, Block A in Lubbock County, Texas, conveyed to the City of
Lubbock by Graham Mill and Elevator Company by Deed dated December 20, 1947
and recorded in Volume 349, Page 189 of the Deed Records of Lubbock County,
Texas, being more particularly described by metes and bounds as follows:
Beginning at a point in the southeast corner of said tract and in the west
right-of-way line of U.S. 87 (Ave. A) and in the north right-of-way line
of Municipal Drive, said point being South 2°23'26" West a distance of
307.66 feet and North 87036134" West 2103.15 feet from the Northeast
corner of Section 79;
1) THENCE, South 44043112" West along the south line of said
tract a distance of 385.88 feet to a point on a curve;
2) THENCE, Southwesterly along said curve to the right, having a
radius of 1,193.39 feet and radius bearing North 45'53'27"
West, said curve being in the south line of said tract, a
distance of 12.75 feet to a point on the west line;
3) THENCE, North 14050138" East along the west line of said
tract, a distance of 151.51 feet to a point on a curve;
4) THENCE, Northeasterly along said curve to the right, having a
radius of 1,760.10 feet and radius bearing South 75°9'22"
East, said curve being in the west line of said tract, a
distance of 386.55 feet to a point on the east line of said
tract.
5) THENCE, South 24°41'40" East along the east line of said
tract, a distance of 245.42 feet to the point of beginning.
Fbrm D-15-11 (Whole Taking)
Page 3 of 4
Rev. ,4-75
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are
retaining title to the following improvements located on the above described prop-
erty, to wit:
Nnnp
GTantQXs covenant and agree to remove the above described improvements trom sai
by 19 subject, however, to s srons of time
as may be granted by the State in w i y reason, Grantors fail or
refuse to remove same within sai o time prescri without any further
consideratioWest
o all or any part of such improvements not so remov
n n 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 surfSce thereof for the purpose of
exploring, developing, mining or drilling for same; however, nothing in this reserva-
tion 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 anywise 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
March $ 19 84 CITY OF ,�
K
By:
Alan nry, Mayor
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS
County of
Lubbock
day of
Before me_______________________a notary public in and for said County and State, on
this day personally appeared __Aldn_Henry, Mayor of the City__ of_Lubbock, Texas__
the oath of ___________
known to me (or proved to me on
a credible witness) to be the person ______ whose name
--
-j-&—subscribed to the foregoing instrument and acknowledged to me that _._he__ executed the same
for the purposes and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this the _ day of 19
Notary Public in and for ______. --------- County, Texas.
My commission expires:
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FORM 132 AEV. 6-82 STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION
BILLING STATEMENT
BILLING INSTRUCTIONS: To facilitate handling and prompt payment show the information in the spaces provided below. Sub-
mit five copies; sign the original only. Submit a separate statement for each requisition. Charges for freight or express, if any,
must be supported by the prepaid freight or express bill. This statement cannot be processed for payment without a valid vendor
ID number.
Name of Payee City of Lubbock Date February 14, 1984
Address 916 Texas Avenue
Lubbock Texas 79401
INVOICEDESCRIPTION
DATE NUMBER
QUANTITY
UNIT PRICE I
AMOUNT
DELIVERY DATE
(DEPARTMENT USE)
Parce
153
Purchase of 51,707.00 square feet,
Feb. 14,
1984
more or less, of land out of the
i
East one-half (EI) of Section 79,
Block A in Lubbock County, Texas.
Whole Taking
! Total Consideration
18,000
00
I
I 27-7(8)305
9005-27-13
1
I, Alan Henry do hereby certify
thatlam Mayor, City of Lubbock and that
CASH DISCOUNT % DAYS
TOTAL
18,000
00
f1ritle of Person Certifying)
1 am duly authorized to make this certification for and on behalf of the above named payee.
I further certify that this claim is correct and that it corresponds in every particular with the
supplies and/or services contracted for. 1 further certify that the claim is true, correct, and
unpaid.
SDHPT PURCHASING COMMISSION
REQUISITION NO: NO: DATE:
VENDOR ID NUMBER:
SUB
NO
PRE DETAIL COST ACCOUNTING
CODES
AMOUNT
--�-�7�-7��
II EQUIP OR COST
1 AUTH (ACCUMULATION N O O
OBJECT
FUNCTION OF
EXPEND.
P
11)
N
(2)
IPE O
3 O O
HPR RESEARCH JOB NO
(Date) ISignsture)
AGENCY CERTIFICATION —
I CERTIFY THAT THE ABOVE SERVICES WERE RENDERED, OR GOODS RECEIVED, AND
THAT THEY CORRESPOND IN EVERY PARTICULAR WITH THE CONTRACT UNDER
WHICH THEY WERE PROCURED AND THAT THE INVOICE IS TRUE, AND UNPAID.
ROW Engineer
5 DESIGNATOR iPARCELIUTILITY NO! O O
7 COIKAINDOHB N HIGHWAY NO iMgEICTCLASS'
5
5 7013 I
I
I , V VU Ul
NAME TITLE
CALCULATIONS AND FOOTINGS VERIFIED —
SUPPORTING DOCUMENTS COMPLETE: BY
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