HomeMy WebLinkAboutResolution - 1551 - Deed Of Sale - TDHPT - Sec 80 Block A, I27 Project - 01/12/1984Jo N'$
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RESOLUTION 1551 - 1/12/84
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 some 0.27446 acres of land, more or less, out of
the East one-half of Section 80, Block A, Lubbock County, Texas, recorded
in Volume 39, Page 632 of the Deed Records of 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 land is more particularly
described by metes and bounds as follows:
BEGINNING at a point in the existing East right-of-way line of U.S.
87, being the Northwest corner of said tract and a point on a curve,
said point being 2,464.56 feet North 87036134" West and 1,335.99 feet
North 2°23126" East of the Northeast corner of Section 79;
THENCE, Northeasterly along said curve to the right having a radius of
1,809.86 feet and a long chord bearing of North 53007149"East, said
curve being in the North line of said tract, a distance of 37.83 feet
to a point in the proposed East right-of-way line of IH 27;
THENCE, South 8°44151" East along the proposed East right-of-way line
of IH 27 a distance of 637.07 feet to a point on a curve, said point
being the Southerly corner of said tract;
THENCE, Northwesterly along said curve to the right having a radius of
2714.79 feet and a long chord bearing of North 13°07135" West said
curve being on the West line of said tract, a distance of 168.25 feet
to a point in the West line of said tract;
THENCE, North 11°21100" West along the West line of said tract a
distance of 451.98 feet to the POINT OF BEGINNING.
APPROVED AS TO CONTENT:
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Tom Nivens, fight -of -Way Agent
APPROVED AS TO FORM:
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Harold Willard, Assistant City Attorney
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EXHIBIT
�*^• €SOLUTION 1551 - 1/12/84
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Revised 10-24-83
Page . of Pages
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 163
BEING 11,955.38 square feet, more or less, of land out of that certain tract
of land situated in the City of Lubbock, Lubbock County, Texas, being out
of the east one-half (E/2) of Section 80, Block A. in Lubbock County, Texas
conveyed to F. E. Wheelock, Mayor of the City of Lubbock, Texas by deed
dated Sept. 11, 1912 and recorded in Volume 39, Page 632 of the Deed Records
of Lubbock County, Texas, being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the existing east right-of-way line of U.S. 87,
being the northwest corner of said tract and a point on a curve, said point
being 2,464.56 feet North 87036'34" West and 1,335.99 feet North 2023'26"
East of the northeast corner of Section 79;
1) Thence, Northeasterly along said curve to the right having a
radius of 1,809.86 feet and a long chord bearing of North 53° 07'
49" East, said curve being in the north line of said tract, a
distance of 37.83 feet to a point in the proposed east right-of-way
line of IH 27;
2) THENCE, South 8044'51" East along the proposed east right-of-
way line of IH 27 a distance of 637.07 feet to a point on a
curve, said point being the southerly corner of said tract.
3) THENCE, Northwesterly along said curve to the right having a
radius of 2714.79 feet and a long chord bearing of North 130 07'
35" West said curve being in the west line of said tract, a
distance of 168.25 feet to a point in the west line of said tract.
4) THENCE, North 11°21'00" West along the west line of said tract
a distance of 451.98 feet to the point of beginning.
Return to: Claude Kneisley
State Department of Highways
and Public Transportation
Form D-15-12 (Partial Taking)
Page 1 of 6
Rev. 7-75
THE STATE OF TEXAS
COUNTY OF Lubbock
P.O. Box 771 Lubbock, Texas 79408-0771
DEED
CONTROLLED tICCESS HIGHWAY FACILITY
RESOLUTION 1551--
1/12/8
Lubbock County
9005-27-13
I 27-7(8)305
Parcel 163
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 con-
struction, 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, 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 Four
Thnugand ThrPP Hundred Dollars and 00/cents-------------($ 4.300.00 ) 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 Field Notes, attached hereto and made a part hereof.
Form D-15312 (martial Taking)
Page 4 of 6
Rev. 3-67
Grantors hereby acknowledge that their use of and access to the expressway lanes to be
constructed in conjunction with the highway facility of which the land hereby conveyed
shall become a part shall be and forever remain subject to the same regulation by
legally constituted authority as applie,s to the public's use thereof; and Grantors
further acknowledge that the design and operation of such highway facility as a Controlled
Access Highway require that access from Grantor's remaining property to said highway
facility shall be governed henceforth as indicated in Paragraphs (A) and/or (B) herein-
below; and all abutter's rights, including rights of ingress and egress and the right
of direct access to and from Grantor's remaining property to said Controlled Access
Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs,
successors or assigns are hereby waived, released and relinquished insofar as they
appertain to Paragraph (B) hereinbelow:
(A) Access to and from Grantor's remaining property will be permitted:
To the east remainder abutting the highway facility between a point at the
beginning of the second call and a point being southeasterly along a curve to
the left having a radius of 2714.79 feet and a radius bearing North 78039'00"
East a distance of 348.57 feet from the beginning of the third call of the fore-
going field note description.
(B) Access to and from Grantor's remaining property will be denied:
And in addition thereto and for the same consideration previously cited,
Grantors hereby waive, release and relinquish unto the State of Texas all
abutter's rights which have accrued or might otherwise accrue, including right
of ingress and egress and right of direct access to said Controlled Access
Highway facility along the right of way line of said highway between the
points, to wit:
To the east remainder abutting the highway facility from a point being south-
easterly on a curve to the left having a radius of 2714.79 feet and a radius
bearing North 78°39'00" East a distance of 348.57 feet from the beginning of
the third call and from this point a distance of 30 feet from the end of said
curve and South 62°04'30" East a distance of 270 feet.
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 reserva-
tion shall affect the title and rights of the State to take and use all other minerals
and materials thereon, therein and thereunder.
— Forxni'D-15-12 (Partial Taking)
Page 3 of 6
Rev. 3-62
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 •
Gcantars covenant and agree to remove the above described improvements from said land
by 19 , subject, however, to such extensions of time
as may be granted by the State in w if for any reason, Grantors fail or
refuse to remove same within said period of time pre—sc—r—lbml-,-thout any further
consideration, the title to all or any part of such improvements not so remov
pass to and vest in the State of Texas forever.
W
Form D-15-12 (Partial Taking
Page 5 of 6
Rev. 4-75
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 the 12th day of
January , 19 84 .
BY:
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS
County of _____LuhbIlCk--------------- - ---
Before me, a notary public in and for said County and State, on
this day personally appeared _A_ l_an--Henry_*__Maryt_Qr_flf-th.-.Gita-.nf__Luhbnrk,, Ions_-
known to me (or proved to me on
the oath of -_-__-_________--__-__Y________-_, a credible witness) 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 therein expressed.
Given _under my-�ifnd and seal of office, this the _ day of _ 19
1 -
= Notary Public in and for ----- Lubbock -------- _------- -r------- County,.Texas.
-. SINGLE ACHNOWLEDGMiJ
THE STA"TE "OF TEXAS
County of__�-_-----�__---
Before me, ___------------------------- --__-,
this day personally appeared - ------
a
a notary public in and for said County and State, on
known to me (or proved to me on
the oath of ____ ______-_-_-_-_____________-_, a credible witness) to be the person ____ whose name ---
------ to the foregoing instrument and acknowledged to me that __he_-__ executed the same
for the purposes and consideration therein expressed.
Given under my hand and seal of office, this the day of 19 --
Notary Public in and for - -------- -------- _____.__-_------- County, Texas.
Form D-15-12 (Partial Taking)
Page 6 of 6
Rev. 3-62 CORPORATION ACKNOWLEDGMENT
STATE OF TEXAS
County of -------._ ------ -- -- ---
BEFORE ME, the undersigned authority, a notary public in and for ----------- -- -------------------- County,
Texas, on this day personally appeared-------------- ------ -- -- ---- -- ----- --------------------------------------------
in__
_ __�_�__, of �_____.__.w-------- _------ _- ------ _------ _--. known to me to be the person
anofficer_ whose name i_s subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the a corporation and that he executed the
same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity
therein stated. .
Given under my hand and seal of office, this the ____------- 19. -----
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Notary Public in and Texas.
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ENDORSEMENTS
THE STATE OF TEXAS,
County of _._ --.—
I, ____V Clerk of the County Court of said County, do hereby
certify that the foregoing instrument of writing, dated the ____.— day of ---_A. D. 19
with its authentication, was filed for record in my office op the _--day of-----, A. D.19
at --o'clock __M., and duly recorded this the--- day of A. D.19.— _
at.--- o'clock ____M., in the Deed Records of said County, in Volume ______ on Page.___—_—_..
Witness my hand and the seal of the County Court of said County, at office in _--------------___
Texas, the day and year last above written.
Clerk of Court, _ _—County, Texas.
By Deputy.
G
FORM 132 REV. 642 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 December 29
Address 916 Texas Avenue
Lubbock, Texas 79401
1983
INVOICE
DATE NUMBER
DESCRIPTION
QUANTITY
UNIT PRICE
( AMOUNT
DELIVERY DATE
(DEPARTMENT USE)
12-29-83
r el
163 1Purchase
of 11 955.38 S .Ft.
of land out of the East one-half
(E/2) of Section 80 Block A at the
N E quadrant of intersection of US 87
and Municipal Drive Lubbock Texas
Partial Taking - Total Consideration
4,300
00
I 27-7(8)305
9005-27-13
i
-
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I
I
I
1, Alan Henry , do hereby certify
thatlam Mayor, City of Lubbock and that
CASH DISCOUNT -% DAYS
TOTAL
4,300
00
(Tale of Person Certifying)
med payee.
1 am duty authorized to make this certification for and on behalf of the abovf1c
1 further certify that this claim is correct and that' orresponds in every plar with theREQUISITION
supplies and/or services contracted for. I tun art that the claim i conect, and
unpaid.
*' 12 �^�
P
IDatel lSi aturel
SDHPT PURCHASING COMMISSION
REQUISITION NO: NO: DATE:
VENDOR ID NUMBER: 1
PRE DETAIL COST ACCOUNTING CODES
SUB)
NO
EQUIP OR COST
t; AU ACCUMULATION N O
O
O FUNCTION
O
OBJECT
OF
EXPEND.
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N
121
AMOUNT
IPE O
3 O
HPR M RESEARCH JOB NO
AGENCY CERTIFICATION —
1 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 Enginee
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PR JECT
6 DE_5!GNA70R PARCEUUTIUTY NO C
7 ICCO/KIND HWY HIGHWAY NO SECMAIN:CLASS
60ECIAL JOB NO SEC
ior 70
i 336
114.30010
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NAME TITLE
CALCULATIONS AND FOOTINGS VERIFIED —
SUPPORTING DOCUMENTS COMPLETE: BY
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MEMORANDUM OF AGREEMENT
City of Lubbock
The Honorable Alan Henry, Mayor
916 Texas Avenue
Lubbock, Texas 79401
Attention: Mr. Tom Nivens
Gentlemen:
RESOLUTION 1551 - 1/12/84
December 27, 1983
County: Lubbock
:• Highway No: IH 27
Location: From Loop 289
South to 19th
Project No: 127-7(8)305
Account No: 9005-27-13
Parcel No: 163
North,
St. in Lubbock
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 11,955.38 square feet located in the East one-half
(EI/2) of Section 80, Block A at the NE Quadrant of the intersection of U.S. 87
and Municipal Drive. The right of way being purchased by the State Department
of Highways and Public Transportation has been thoroughly explained. The
payment of $4,300.00 as herein agreed to will constitute 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
Grantors hereby acknowledge that their use of and access to the expressway lanes
to be constructed in conjunction with the highway facility of which the land
hereby conveyed shall become a part shall be and forever remain subject to the
same regulation by legally constituted authority as applies to the public's use
thereof;
MEMORANDUM OF AGREEMENT
Page 2
and Grantors further acknowledge that the design and operation of such highway
facility as a Controlled Access Highway require that access from Grantor's
remaining property to said highway facility shall be governed henceforth as
indicated in Paragraphs (A) and/or (B) hereinbelow; and all abutter's rights,
including rights of ingress and egress and the right of direct access to and
from Grantor's remaining property to said Controlled Access Highway facility,
which have accrued or might otherwise accrue to Grantors, their heirs, suc-
cessors or assigns are hereby waived, released and relinquished insofar as they
appertain to Paragraph (B) hereinbelow:
(A) Access to and from Grantor's remaining property will be permitted:
To the east remainder'abutting the highway facility between a point at
the beginning of the second call and a point being southeasterly along a
curve to the left having a radius of 2714.79 feet and a radius bearing
North 780 39' 00" East a distance of 348.57 feet from the beginning of
the third call of the foregoing field note description
(B) Access to and from Grantor's remaining property will be denied:
And in addition thereto and for the same consideration previously cited,
Grantors hereby waive, release and relinquish unto the State of Texas
all abutter's rights which have accrued or might otherwise accrue,
including right of ingress and egress and right of direct access to said
controlled access highway facility along the right-of-way line of said
highway between the following points, to wit:
To the east remainder abutting
southeasterly on
a radius bearing
the beginning of
feet from the end
270 feet.
a curve to the
North 780 39'
the third call
of said curve
the highway facility from a point being
left having a radius of 2714.79 feet and
00" East a distance of 348.57 feet from
and from this point a distance of 30
and South 620 04' 30" East a distance of
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
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.
MEMORANDUM OF AGREEMENT
Page 3
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 U.S. Life 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 E gi eer
State Depa ent 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 K
By:
Al I a ry - or
Date: JAN 121984
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.
Jame of Payee
%ddress
DATE NUMBER
2-29-8
rcel if
of Lubbock
exas Avenue
ck, Texas 79401
DESCRIPTION
f 11-055-38 Sq.
t of the East n
drant of intersectio
iCipal Drive, Lubboc
vic
1
Total Consideration)
, do hereby certif,
Mayor, City of Lubbock
(Title of Person Certifying) end the
n duly authorized to make this certification for and on behalf of the above named payee
.nher certify that this claim is correct and that it corresponds in every particular with thr
plies and/or services contracted for. I further certify that the claim is tr , correct, enc
)aid.
1A IV 12
Mate (Sign ure)
_NCY CERTIFICATION —
:RTIFY THAT THE ABOVE SERVICES WERE REN EKED, OR GOODS RECEIVED, AND
%T THEY RESPOND IN EVERY WTIC R WITH THE CONTRACT UNDER
'ICH RE PROCURED AND TH TH VOICE IS TRUE, AND UNPAID.
ROW Eng'neer
TITLE
CULATIONS AN TiN VERIFIED —
JPPORTING DOCUME COMPLETE: BY
Date December 29 1983
QUANTITY I UNIT PRICE AMOUNT DELIVERY DATE
4,300100
CASH DISCOUNT 95 DAYS
TOTAL�L4,300 00
SDHPT PURCHASING COMMISSION
REQUISITION NO: NO:
VENDOR ID NUMBER:
PRE DETAIL
1 AUTH
0059 06 016
COST ACCOUNTING CODES
EQUIP OR COST O O
ACCUMULATION NO
SUB
IPE
O
P
9
NO
O O FUNCTION OBJECT
RESEARCH JOB NO
(1)
AMOUNT
5
PROJECT
EXPEND.
DESIGNATOR
PARCEL/UTILITY NO O O
N
T
/1 LJ PB N
HIGHWAY NO M� INTCtnsc
(ZI
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