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HomeMy WebLinkAboutResolution - 1503 - Agreement - Robert & Wilma Whitaker - 10/13/1983RESOLUTION 1503 - 10/13/83 a � 0tN JWF :,js 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 the City of Lubbock an Agreement entitled "Frankford Avenue Street Improvement. and Dedication Agreement" to be entered into by and between said City and Robert Whitaker and wife Wilma Faye Whitaker (as property owners), 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 13th day of October , 1983. --Z� q2AL A NRY, I A OR ATTEST: velyn Gaffga, City Secretir - easurer APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVEDAS TO FORM: e t Zq,. ��� til. or h ullingim, LAssis Cr*A torney c `L: lt1 f u Iry RESOLUTION 1503- 10/13/83 CITY S` �> -. �J R``/_vS,,nkW4. 21G2 ;ECO00 FRANKFORD AVENUE STREET INDEXED IMPROVEMENT AND DEDICATION AGREEMENT tOMP00- THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is entered into by and between Robert Whitaker and wife, Wilma Faye Whitaker, herein collectively called "Whitaker", and the City of Lubbock, a Home Rule Municipal Corporation located in Lubbock County, Texas, herein called "City", and in consideration of the mutual covenants and agree- ments to be kept and performed as hereinafter set forth, City and Whitaker contract and agree as follows: I. Whitaker hereby dedicates the following tract of land to the City of Lubbock and the public the following described tract of land designated as "Tract All as a public street to be known as a portion of Frankford Avenue so long as the public shall continue to use the same as a public street, said Tract A being described by metes and bounds as follows: TRACT A METES AND BOUNDS DESCRIPTION of a 1.6368 acre tract located in Section 44, Block A -K, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" square tube found in the West right- of-way line of Frankford Avenue which bears North 794.09 feet and West 40.00 feet from the Southeast corner of Section 44, Block A -K, Lubbock County, Texas; THENCE Northwesterly around a curve to the left, said curve having a radius of 355.25 feet, a central angle of 30°, tangent lengths of 95.19 feet, and a chord distance of 163.89 feet to a found 1/2" iron rod; THENCE N. 300 W. a distance of 309.79 feet to a 3/8" iron rod found on a point of curvature; THENCE Northwesterly around a curve to the right, said curve having a radius of 466.58 feet, a central angle of 30°, tangent lengths of 125.02 feet, and a chord distance of 241.52 feet to a found 3/8" iron rod; THENCE N. a distance of 433.32 feet to a 3/8" iron rod found on a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 466.58 feet, a central angle of 30°9 tangent lengths of 125.02 feet, and a chord distance of 241.52 feet to a found 3/8" iron rod; THENCE S. 60° E. a distance of 64.00 feet to a 1/2" square tube found on a point of cury"it re; s t 1 THENCE Southwesterly around a curve to the left, said curve having a radius of 402.58 feet, a central angle of 30°, tangent lengths of 107.87 feet, and a chord distance of 208.39 feet to a 1/2" iron rod set on a point of curvature; THENCE S. a distance of 433.32 feet to a 1/2" iron rod set on a point of curvature; THENCE Southeasterly around a curve to the left, said curve having a radius of 402.58 feet, a central angle of 30°, tangent lengths of 107.87 feet, and a chord distance of 208.39 feet to a set 1/2" iron rod; THENCE S. 300 E. a distance of 294.12 feet to a 1/2" iron rod set in the North right-of-way of Frankford Avenue; THENCE S. a distance of 223.20 feet to the Point of Begin- ning. II. Whitaker has by these presents GRANTED, BARGAINED, SOLD and CONVEYED and by these presents do GRANT, BARGAIN, SELL and CONVEY unto the City, its legal representatives, successors and assigns, for the use of the public as a perpetual and permanent drainage easement, the free and uninterrupted use, liberty of passage in, on, along, over, upon, under and across all that property (herein designated as Tract B) lying and being situated in Lubbock County, Texas, and being more particularly described as follows: to -wit: TRACT B METES AND BOUNDS DESCRIPTION of a tract located in Section 44, Block A -K, Lubbock County, Texas, being further de- scribed as follows: BEGINNING at a set 1/2" iron rod which bears North 2076.78 feet and West 40.00 feet from the Southeast corner of Section 44, Block A -K, Lubbock County, Texas; THENCE N. 600 W. a distance of 143.17 feet to a 1/2" iron rod set in the East right-of-way line of Frankford Avenue; THENCE N. 300 E. a distance of 40.00 feet to a set 1/2" iron rod; THENCE S. 600 E. a distance of 120.08 feet to a set 1/2" iron rod; THENCE S. a distance of 46.19 feet to the Point of Begin- ning. Contains: 0.12 acre 5265.08 square feet SO LONG AS the public continues to use said real estate for the purposes herein stated, said easement includes, but is not limited to, the free and uninterrupted use, liberty and privilege of passage in, along, over, across, under, upon and against the ►VOL$ ��. LVOL1862 PAGE322 hereinabove described land for the purpose of constructing, reconstructing, maintaining, repairing, cleaning and clearing said premises for the free and unobstructed drainage of surface waters; together with the right of ingress, egress, and regress for such purposes in, on, along, through and across all the property above described. It is hereby covenanted and agreed that the C=ity retains and reserves the right to set and determine the drainage grade and direction of flow of surface waters on the real estate above described and buildings or like permanent structures shall not be erected, built or constructed or allowed to be erected, built or constructed in,_upon, over, along or across the real estate above described and if such erection, building, or construction does occur in violation of this prohibition, the City of Lubbock shall have the right to remove said building or structure from the aforesaid real estate. III. City shall be and is hereby allowed to take borrow dirt fill material from land owned by Whitaker, being the following described tract of land (herein called "Tract C"), being de- scribed by metes and bounds a follows: TRACT C METES AND BOUNDS DESCRIPTION of a tract located in Section 44, Block A -K, Lubbock County, Texas, being further de- scribed as follows: BEGINNING at a point which bears North 1,739.93 feet and West 40.00 feet from the Southeast corner of Section 44, Block A -K, Lubbock County, Texas; THENCE N. a distance of 415.00 feet to a point; THENCE W. a distance of 119.9 feet to a point in the East right-of-way line of Frankford Avenue; THENCE S. 300 W. a distance of 54.16 feet along the East right-of-way line of Frankford Avenue to a point; THENCE Southwesterly along the East right-of-way line of Frankford Avenue and around a curve to the left, said curve having a radius of 402.58 feet, a central angle of 30°9 tangent lengths of 107.87 feet and a chord distance of 208.39 feet to a 1/2" iron rod set on a point of tangency; THENCE S. a distance of 166.00 feet to a point in the East right-of-way line of Frankford Avenue; THENCE E. a distance of 200.00 feet to the Point of Begin- ning. CONTAINS: 1.7490 acres 76,187.868 square feet Said borrow dirt fill material is furnished by Whitaker at no cost to the City as part of the consideration of this Agreement for the purpose of construction of Frankford Avenue upon Tract A hereinabove described, for slope on the east side of said portion of Frankford Avenue on a 1 foot vertical to 10 feet horizontal slope, and for the filling in of the area to the West of the West side of said portion of Frankford Avenue so as to fill said area to the top of the curb elevation on the West side of Frankford Avenue (except any areas designated as a drainage easement) so as to prevent ponding of water on the areas immediately to the West of said portion of Frankford Avenue. Said borrow dirt fill material is to be placed by the City on property owned by Whitaker adjacent to Frankford Avenue on the West side to prevent ponding as aforesaid and for the 1 foot vertical to 10 feet horizontal slope on the East side as hereinabove set forth with the express permission herein granted by Whitaker to City and its contractors, agents, servants, officials and employees for the necessary ingress, egress and regress to accomplish such pur- poses. Such borrow dirt material as is placed in areas where the City owns or shall own and maintains improvements pursuant to this Agreement shall become property of the City at no cost to the City. Whitaker shall leave the borrow dirt fill material placed on their land by the City to the West of Frankford Avenue in place so as to prevent ponding of water as aforesaid, and Whitaker shall leave the borrow dirt fill material placed on their land by the City to the East of Frankford Avenue in place so as to maintain the 1 foot vertical to 10 feet horizontal slope as aforesaid, it being to the mutual advantage to the City and Whitaker to leave such borrow dirt fill material in such loca- tions for such purposes. The volumes of borrow dirt fill material is estimated as follows: (1) Volume of compacted fill required: 99413 cubic yards. (2) Volume of excavation: 149109 cubic yards. (3) Volume of shrinkage (30 per cent): 4,233 cubic yards. (4) Volume of compacted fill available: 9,876 cubic yards. YOL PAGE cJ'C3 VOL 1832 PAGE Such estimates include both borrow dirt fill material to be placed upon land of Whitaker and on the public street improve- ments to be made by City. The excavation of the borrow dirt fill material from Tract C above described shall be in accordance with Chapter 25 of the Code of Ordinances of the City, and any other ordinances and regulations of the City applicable to such excavation. IV. After the accomplishment of the excavation of borrow dirt fill material from said Tract C as hereinabove set forth, Whitaker herein dedicates and grants and by these presents does hereby dedicate and grant to the City of Lubbock said Tract C hereinabove described as a storm water storage and drainage easement so long as the public shall continue to use said Tract C for such purposes. V. City shall cause a notice to bidders to be published in accordance with Article 2368A, V.A.C.S., for proposed paving, curb and gutter improvements for various programs for such improvements including the paving, curb and gutter improvements contemplated as regards Frankford Avenue, particularly to be made upon said Tract A hereinabove described to be accomplished on the 1984 paving program of the City or as soon thereafter as practi- cable. After such bids come in at the appropriate time as specified in the notice, such bids will be considered by the City Council of the City, and a contract awarded to the lowest and best bidder for such improvements. City shall pay for all paving, curb and gutter improvements to be done on the East side of Frankford Avenue from the center line of the pavement extend- ing East as located within said Tract A as hereinabove described. As regards the paving, curb and gutter improvements to be accomplished by the City on the West side of Frankford Avenue from the centerline of the pavement extending West as located within said Tract A as hereinabove described, it is herein contemplated that adjacent and abutting property owned by Whitaker will be assessed for such improvements by a City Paving Assessment Ordinance pursuant to Article 11058, V.A.C.S., and applicable paving proced�re ordinances and City Charter provi- sions in such cases made and provided and the cost will be assessed in such amount s is lawful under such procedure and a paving lien therefor impl)sed by said City Paving Assessment Ordinance against the following said land designated herein as "Tract D", being described by metes and bounds as follows: TRACT D METES AND BOUNDS DE CRIPTION of a 18.6643 tract located in Section 44, Block A K, Lubbock County, Texas, being further described as follow : BEGINNING at a 1/2" square tube found in the West right- of-way line of Frankford Avenue which bears North 794.09 feet and West 40.00 feet from the Southeast corner of Section 44, Block A K, Lubbock County, Texas; THENCE Southwesterl around a curve to the right, said curve having a radius of 5.00 feet, a central angle of 90°, tangent lengths of 5.00 feet, and a chord distance of 21.21 feet; THENCE W. a distanc of 573.61 feet to a point of curvature; THENCE Northwesterl around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°1 tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a point of reverse curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 00.26 feet, a central angle of 30°, tangent lengths of 107.25 feet, and a chord distance of 207.19 feet to a point of reverse curvature; THENCE Northwesterly around a curve to the right, said curve having a radius of 1030.00 feet, a central angle of 30% tangent lengths of 275.99 feet, and a chord distance of 533.17 feet; THENCE N. a distance of 562.73 feet to a point of curvature; THENCE Northeasterly, around a curve to the right, said curve having a radius of 1',43.99 feet, a central angle of 45% tangent lengths of 5,9.64 feet, and a chord distance of 110.21 feet; THENCE N. 450 E. a distance of 90.00 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 150.00 feet, a central angle of 45°, tangent lengths of 62.13 feet, and a chord distance of 114.81 feet; THENCE E. a distance of 40.00 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 470.00 feet, a central angle of 30% tangent lengths of 125.94 feet, and a chord distance of 243.29 feet; THENCE S. 600 E. a distance of 115.91 feet to a point of curvature; V04864 PAGE t J V0 X862 PAGE 520 THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a 3/8" iron rod found on a point of reverse curva- ture; THENCE Southwesterly around a curve to the right, said curve having a radius of 466.58 feet, a central angle of 30°9 tangent lengths of 125.02 feet, and a chord distance of 241.52 feet to a found 3/8" iron rod; THENCE S. a distance of 433.32 feet to a 3/8" iron rod found on a point of curvature; THENCE Southeasterly around a curve to the left, said curve having a radius of 466.58 feet, a central angle of 30", tangent lengths of 125.02 feet, and a chord distance of 241.52 feet to a found 3/8" iron rod; THENCE S. 30° E. a distance of 309.79 feet to a 1/2" square tube found on a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 355.25 feet, a central angle of 30°9 tangent lengths of 95.19 feet, and a chord distance of 183.89 feet to a Point of Beginning. Said City Paving Assessment Ordinance shall be filed in the public records of the County Clerk of Lubbock County, Texas so as to establish a paving assessment lien against said Tract D for such improvements in the public records of said County. For and in consideration of the City paying initially for the construction of the paving, curb and gutter improvements on the West side of Frankford Avenue from the centerline of the pavement extending West as located within said Tract A here- inabove described (which is the improvements for which assessment is to be made by the City as above set forth), Whitaker as owner of Tract D hereinabove described against which said assessment is to be made, and the heirs, successors, and assigns acknowledge in advance the validity of said paving assessment lien to be made as applied against said Tract D hereinabove described and promise and agree to pay to the City the amount assessed by the City Paving Assessment Ordinance against said Tract D on or before the end of the sixtieth (60th) month following the acceptance of such paving, curb and gutter improvements by the City Council of the City, or when Whitaker, their heirs, successors or assigns plats for development under Article 974A, V.A.C.S. all or any part of the real estate herein designated as "Tract E" as hereinafter described, or when Whitaker, their heirs, successors or assigns sell all or any part of said Tract E as hereinafter described -- whichever event of said three events shall first occur, and in any event not later than the end of said sixtieth (60th) month after after acceptance of paving improvements by the City of the City, said Tract E being described by metes and abounds as allows. TRACT E METES AND BOUNDS DESCRIPTION of a 25.0564 acre tract located in Section 44, Block A -K, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" square tube found in the West right. - of -way line of Frankford Avenue which bears North 794.09 feet and West 40.00 feet from the Southeast corner of Section 449 Block A -K, Lubbock County, Texas; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 9009 tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE W. a distance of 573.61 feet to a point of curvature; THENCE Northwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet,and a chord distance of 21.21 feet to a point of reverse curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 400.26 feet, a central angle of 30°9 tangent lengths of 107.25 feet, and a chord distance of 207.19 feet to a point of reverse curvature; THENCE Northwesterly around a curve to the right, said curve having a radius of 1030.00 feet, a central angle of 30°9 tangent lengths of 275.99 feet, and a chord distance of 533.17 feet; THENCE N. a distance of 562.73 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 143.99 feet, a central angle of 45°, tangent lengths of 59.64 feet, and a chord distance of 110.21 feet; THENCE N. 450 E. a distance of 90.00 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 150.00 feet, a central angle of 450, tangent lengths of 62.13 feet, and a chord distance of 114.81 feet; THENCE E. a distance of 40.00 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 470.00 feet, a central angle of 30°, tangent lengths of 125.94 feet, and a chord distance of 243.29 feet; THENCE S. 600 E. a distance of 115.91 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a found 3/8" iron rod; VoL S PAGE 327 'V048132 PAGE Q28 THENCE S. 60° E. a distance of 64.00 feet to a found 1/2" square tube; THENCE N. 300 E. a distance of 294.11 feet to a 1/2" square tube found in the East right-of-way line of Frankford Avenue; THENCE S. a distance of 1568.53 feet to the Point of Beginning. The obligation above set forth shall bear no interest until maturity, but if said obligation is not paid by Whitaker at or before maturity this obligation shall bear interest at the rate of six (6) percent per annum from date of maturity until paid. Whitaker, their heirs, successors and assigns, acknowledge the validity of the paving assessment lien to be created against said Tract D, such assessment lien to be enacted and recorded as aforesaid by City and further, Whitaker agrees that the paving assessment lien on said Tract D and as described in said Ordi- nance to be enacted shall remain valid, and this Agreement shall in no wise be construed as a waiver or release by the City of Lubbock of said lien but same shall remain as security for this Agreement and have the same force and effect as though a paving certificate were issue under the terms of the above described Ordinance. VI. The payment of this obligation by Whitaker to City as above described for such paving, curb and gutter improvements is further secured by a mechanic's and materialmen's lien and deed of trust lien herein granted to City by Whitaker against Tract D hereinabove described, and in the event of default in payment of this obligation by Whitaker, their heirs, successors or assigns these said liens may be enforced by foreclosure sale under power of sale herein granted for which purposes said Tract D is hereby conveyed in trust to Evelyn Gaffga, City Secretary or her successor in office, as Trustee, to enforce payment of such obligation, or City may at its election, enforce said liens through judicial foreclosure in the Court of appropriate juris- diction of the State of Texas. VII. Whitaker consents to the filing of this instrument in any public record in the County Clerk's office of Lubbock County, Texas deemed appropriate by the City to protect the interest of the City under this Agreement. This Agreement is executed in quintuplicate originals, each executed copy having the dignity of an original as of this 13th day of October V 1983 , and this Agreement shall not be effective until executed by all parties for which a signature space is provided below, and shall be binding upon the heirs, successors and assigns of all signatories hereto signing below, and shall be considered a covenant running with the lands herein described as Tracts A, B, C, D and E. —'p CITY OF LU K Secif BY: f,4L ALAN NRY, YOR AT EST: ) X,7 elyn GoSTFoa City Secretary - Tree rer APPROVED AS TO CONTENT: Tom Nivens Right -of -Way Agent APPROV AS TO FO M. MA-, J.r h ullingim Ass s ant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § 1 ROBERT WHITAKER WILMA FAYE WHITAK R BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ALAN HENRY, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity hereinabove stated, and as the act and deed of said City. a,g&DER MY HAND AND S L OF OFFICE this day of 19 Sed Notary ublic in and for '. Lubbock County, Texas My Commission Expires: % 3a hs— VdL U PAGE M THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this personally appeared ROBERT WHITAKER, and WILMA FAYE WHITAKER, his wife, known to me to be the persons whose names are subscribed to the foregoing instru- ment and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in and for--- SeaI Lubbock County, Texas -- My Commission Expires:_ t PILED FOR RECORD 33 MZ! P3; 15 ,-EMU %�l+� is r 'r, • -q3 caws C'01" 4"xk cc��,:rr t�xaa 0 ' z2ESE \ 7TH ST i 77 1 i ,� i n i1.3�=.7 !. - ... ••- _ ..- �- -- sus• i, f�i �• li � 1 I ;i `�—�'�—�� � _ ..-:I � '=+oma rA j ;ix l -roc 1 F • , �, J r. ' i I Nil: IF Isz ,i vL ;._ i,l!�1 . a av fi 1:.'.:'•!1 3 6E.5 ro \1 t�ti `"� Ik � `�• SEA 3ZNo 5T. j • 1�j ' i •�j �` 3262 ' • ' ' PLAT '%-" JMNG SURVEY OF PROPOSED RIGHT -1.. -WAY LOCATED IN SECTION 44 BLOCK A -K LUBBOCK COUNTY, TEXAS th 40 E -W s A r 3100 /) 7p C7ir p434�'8, � ti� a� r Ay' Rs 15S 4r as 4,50"'TGE� CHOKE1' R= .T A=800 r15 Rsl4 .88' ��"� PA. B. CF 7•68.64', a + NORTH EN'T co IK1.21 d'3v' , T=' a? CERTIFIED CORRECT NOVEMBER 5,1982 HUGO REED AND ASSOCIATES INC. LAND SURVEYORS -CIVIL ENMEERS 1706-114tth STREET S& / 11MI 79401 CN408.38' 12r Q C EX/S7IVG 50' ORAmsr- EASEi Dff vaL. v43 , ff4GE 255 Q SCALS•E• 1.. 200. NE Z Y LINE. o T W Q h c- D �2 SQUAREETTUBE. 25.0564 564 ACRES TOTAL WEST TRACT TRACT 18.6643 ACRES IN WEST TRACT a 4.15555 ACRES IN EAST TRACT —,►_°_m_vT —PpA..Bp. 1.8368 ACRES IN PROPOSED FRANCFORD ESiI'T Tsw.6T CHs208.39' N 0 6 Q � z a � w 6 y P.0.8.OF EAST TRACT ty a Ts38355.''19 N �: CH=183.89' a� R•16 A= , Rs as �� a r 2l'a' CH EI $f �j OT I ROM THE SE COROF /r SEC.44, ".A -K. EAST -WEST 613.61' 32fid STREET CERTIFIED CORRECT NOVEMBER 5,1982 HUGO REED AND ASSOCIATES INC. LAND SURVEYORS -CIVIL ENMEERS 1706-114tth STREET S& / 11MI 79401