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HomeMy WebLinkAboutResolution - 1517 - Deed - TDHPT - 0.6857 Acres Sec 80 Block A, I27 Project - 11/10/1983�u HW: j s RrSni 11TTnm RESOLUTION 1517 - 11/1 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 0.6857 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 right-of-way line of Municipal Drive (Alternate), and the southeast corner of said tract, said point being 1,811.29 feet North 87036'34" West and 1.7 feet North 2°23126" East of the northeast corner of Section 79; THENCE North 87°36148" West along the south line of this tract a distance of 167.35 feet to the southwest corner of this tract; THENCE North 29055'14" East along the west line of this tract a distance of 150.95 feet to the northwest corner of this tract; THENCE South 87049145" East along the north line of this tract a distance of 291.99 feet to the northeast corner of this tract and a point on a curve; THENCE Southwesterly along said curve to the left, having a radius of 1,196.28 feet and radius bearing South 2604218" East said curve being in the line of said tract, a distance of 237.05 feet to the POINT OF BEGINNING. Passed by the City Council this 10th day ofA November , 1983. A 0� ALA HENR , R ATTEST: Evelyn Gal7gif, Cit tary-Treasurer APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way gent APPROVED AS TO FORM: I't 0A9 rL '.1 Q%a r1_ Harold Willard, Assistant City Attorney 1: , 06 Igo MEMORANDUM OF AGREEMENT City of Lubbock Alan Henry, Mayor 916 Texas Avenue Lubbock, Texas 79401 Attention: Mr. Tom Nivens Gentlemen:: RESOLUTION 1517 - 11/10/83 October 31, 1983 County: Lubbock Highway No: I-27 Location: From Loop 289 North, South to 19th St. in Lubbock Project No: I 27-7(8)305 Account No: 9005-27-13 Parcel No: 158 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 29,869.43 square feet of land out of the east one-half of Section 80, Block A, Lubbock County, Texas located at Municipal Drive and Amarillo Highway. The right of way being purchased by the State Department of Highways and Public Transportation has been thoroughly explained. The payment of $19,500.00 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 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 reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. MEMORANDUM OF AGREEMENT Page 2 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 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 ruly, Ben Alley District Engineer State Department of Highways and Public Transportation 1 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 BOCK By: an enry, ayor Date: NOV 101 3 RESOLUTION 1517 - 11/10/83 .state'tiDepartment of Highways Lubbock County -and`--t'ublic Transportation I 27-7(8)305 Form D-15-11 (Whole Taking) 9005-27-13 Pzge 1 of 4 Parcel 158 Rev. 7-75 DEED �� ry c;( CRETARY-TREASURER CONTROLLED ACCESS HIGHWAY FACILITY THE STATE OF TEXAS X X COUNTY OF Lubbock X 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, 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 Nineteen _ Thousand Five Hundred and No./100--------------------------- ($ 19, 0.00 ) 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 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 158 A 29,869.43 square feet of land 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 right-of-way line of Municipal Drive (Alternate) and the southeast corner of said tract, said point being 1,811.29 feet North 87036134" West and 1.7 feet North 2023126" East of the northeast corner of Section 79; 1) THENCE, North 87036148" West along the South line of this tract a distance of 167.35 feet to the southwest corner of this tract; 2) THENCE, North 29055114" East along the west line of this tract a distance of 150.95 feet to the northwest corner of this tract; 3) THENCE, South 87049145" East along the north line of this tract a distance of 291.99 feet to the northeast corner of this tract and a point on a curve; 4) THENCE, Southwesterly along said curve to the left, having a radius of 1,196.28 feet and radius bearing South 26042'8" East said curve being in the line of said tract, a distance of 237.05 feet to the point of beginning. Form D-15'-11 '(Whole Taking) 'Pagh 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: None ovenant and agree to remove the above described improvements from sa' by 19 subject, however, to nsions of time as may be granted by the State in wri i , ny reason, Grantors fail or refuse to remove same within sa o time prescri a hout any further consideration, t o all or any part of such improvements not so remove 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 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 BOLD 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 loth day of November , 19 83 . CITY OF LUBRACK By: t/ Ala Henry, Mayor SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS County of Lubbock . Before me, ___ _ O 1 i v i a R. So 1 i s _______,,, a notary public in and for said County and State, on this day personally appeared ____Alan Henry, Mayor of the City__Pf_L_Ltbb=k._lexas known to me (or proved to me on the oath of a credible witness) to be the person — whose name ___ -—1$---subscriibed to the foregoing instrument and acknowledged to me that __he__ executed the same for the purposes and consideration therein expressed., and capaci therei n tated . Given under my hand and seal of office, this the qday of 19 ffi Notary Public in and for county, -Texas. Cow+ -oma Form D-15-11 (Whole Taking) Page 4 of 4 Rev. 10-61 CORPORATION ACKNOWLEDGMENT STATE OF TEXAS County of --------- ----- ---- BEFORE ME, the undersigned authority, a notary public in and Texas, on this day personally __—_________� of --______------- --- ----------- ------- —----- -- -- known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said____--_--_------------ ----- —------------ 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 ----------------day of_—___ _—_—_-----__, 00 Ln t 0 z t+ �d 2 ENDORSEMENTS THE STATE OF TEXAS, County of ___—-------- -- 1, --______ ______—. ____ _, 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 on the _—___—day of—___---_—, A. D. 19 at_____--__o'clock-__._M., and duly recorded this the__ -- day of _w____ _______, 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. M------ ------------_--- ---------_--- --- — -- NNotary Public in and for.______________________— ---- _ ------- ------------County, Texas. LO C) C)CYI .d } m Ln �, W .4 A q 1 M co H M U N .I I W W I } o U i N r• Q Ei w i i Aj '-' o o a b i a N � z I�Wy m p = I tZr I a< I i! ! zi W U J} "- ! H d "CS wr C �i p W .x o ami b j Ch V) -c Q � ' E-4 al ��"' { o z 14I o !i 0 o } W ` ! I o 8 w G u J d d 1=! 4-3 i z } .64 0 01 Wi N U I A } i C7 x V C) d as ENDORSEMENTS THE STATE OF TEXAS, County of ___—-------- -- 1, --______ ______—. ____ _, 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 on the _—___—day of—___---_—, A. D. 19 at_____--__o'clock-__._M., and duly recorded this the__ -- day of _w____ _______, 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. FORM 132 %t�e-az STATE DEPARTMENT OF HIGHWAYS AND ,�� 19 PUBLIC TRANSPORTATION \0 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 Oct. 31 t33 Address 916 Texas venue Lubbock, exas 79401 INVOICE DATE NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT DELIVERY GATE (DEPARTMENT USE) Parcel 158 Purchase of 29,869.43 square feet of land out of the east one-half (E1/2) of Section 80, Block A of Lubbock County, Texas Whole Taking Total Consideration 19,50C 00 I 27-7(8)305 9005-27-13 Alan Henry , dohereby certify ,hatlamMay9r, City of Lubbock ,and that CASH DISCOUNT % DAYS TOTAL 19,50 00 (Tale of Person Certifying) 1 am duty authorized to make this certification for and on behalf of the above named payee. further certify that this claim is correct and that it corresponds in every particular with the supplies and/or services contracted for. I further certify that the claim is true. corre nd unpaid. NOV 10 1983 (Date) Ignsture) AGENCY CERTIFICATION —PROJECT 1 CERTIFY THAT THE ABOVE SERVICES WERE RENDERED, OR GOODS RE IVED. 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 NAME TITLE CALCULATIONS AND FOOTINGS VERIFIED — SUPPORTING DOCUMENTS COMPLETE: BY - SDHPT PURCHASING COMMISSION REQUISITION NO: NO: DATE: VENDOR ID NUMBER: 17 560005906016 PRE DETAIL COST ACCOUNTING CODES SUB NO EOUIP OR COST i 1 AUTH ACCUMULATION NO O O FUNCTION P OBJECT (t) OF EXPEND. N (2) AMOUNT IPE O 3 O O HPR RESEARCH JOB NO 6 DESIGNATOR PARCELIUTILITY NOS O O T I COIKIND Hwy HIGHWAY NO IMAIICT CLASS', SPECIAL JOB N 05 J C 7013 400 1 336 1 19,500.0 I I LL: u qs-"Z 4) 0 ((D z `10 a L N c •o v � <t x v Fn w 0 OD c 0 U til Ile ci .0 J _ 0 -0 � i 0 U w Q N �. V 0 4' U F LO 0 0) = ._ 0 _!