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Home My WebLink AboutResolution - 2021-R0170 - Standard Utility Agreement with TXDOT, Loop 88 Utility Relocation 5.11.2021Resolution No. 2021-R0170 Item No. 8.11 May 11, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Standard Utility Agreement, Contract No. 15884, regarding certain highway improvements by and between the City of Lubbock and the State of Texas, acting by and through the Texas Transportation Commission, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 11, 2021 ATTEST: —1n:: DANIEL M. POP , MAYOR 0, ow". RebekcaGarza, City Secre ary VED AS TO CONTENT: Assistant City Manager APPROVED AS TO FORM: Leisure, Assist r& City .Contract 15884 SUA with TCC Resolution No. 2021-R0170 Form ROW-U-35 (Rev.10/20) Page 1 STANDARD UTILITY AGREEMENT U Number: 15446 Utility ID: City of Lubbock District: Lubbock County: Lubbock Federal Project No.: STP1802[252][258] Highway: SL88 (FM1585) ROW CSJ: 1502-01-035, 1502-01-036 From: Chicago Avenue Highway Project Letting Date: 5/2021 To: CR2240 (Ave U) This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission, ("State"), and City of Lubbock, ("Utility"), acting by and through its duly authorized representative, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has deemed it necessary to make certain highway improvements as designated by the Stale and approved by the Federal Highway Administration within the limits of the highway as indicated above (the "Highway Project"); WHEREAS, the proposed Highway Project will necessitate the adjustment, removal, and/or relocation of certain facilities of the Utility as indicated in the following statement of work: This project includes the installation of 5,570 linear feet of 48-inch fiberglass sewer line, 20 linear feet of 36-inch fiberglass sewer line, 50 linear feet of 15-inch PVC sewer line, and 505 linear feet of 10-inch sewer line by both open cut and by other than open cut construction methods. This project also involves the installation of 3 standard polymer manholes and 15 concrete tee base manholes. Associated with the sewer line installation, this project also includes the installation of 215 linear feet of 66" steel casing by open cut and 300 linear feet of 20" steel casing by other than open cut; and more specifically as shown in the Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A". WHEREAS, the State will participate in the costs of the adjustment, removal, and relocation of certain f acilities to the extent as may be eligible for State and/or Federal participation. WHEREAS, the State, upon receipt of evidence it deems sufficient, acknowledges the Utility's interest in certain lands and facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above. NOW, THEREFORE, BE ITAGREED: The State will pay to the Utility the costs incurred in adjustment, removal, and relocation of the Utility's facilities up to the amount said costs may be eligible for State participation. All conduct under this agreement, including but not limited to the adjustment, removal, and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordancewith all applicable federal and state laws, rules and regulations, including, without limitation, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§ 4601, et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4321, et seq., the Buy America provisions of 23 U.S.C. § 313 and 23 CFR 635.410, as amended, Texas Transportation Code § 223.045, the Utility Relocations, Adjustments, and Reimbursements provisions of 23 CFR 645, SubpartA, and the Utility Accommodation provisions of 23 CFR 645, Subpart B. The Utility shall supply, upon request by the State, proof of compliance with the aforementioned laws, rules, regulations, and guidelines prior to the commencement of the adjustment, removal, and relocation of the facility. M G K 04/26/2021 Initial Date Initial Date TxDOT utility Form ROW-U-35 (Rev. 10/20) Page 2 The Utility shall not commence any physical work, including without limitation site preparation, on the State's right of way orfuture right of way, until TxDOT provides the Utility with written authorization to proceed with the physical work upon TxDOTs completion and clearance of its environmental review of the Highway Project. Any such Work by the Utility prior to TxDOTs written authorization to proceed will not be eligible for reimbursement and the Utility is responsible for entering any property within the proposed limits of the Highway Project that has not yet been acquired by TxDOT. This written authorization to proceed with the physical work is in addition to the authorization to commence work outlined below. Notwithstanding the foregoing, the provisions of this paragraph are required only when TxDOT has not obtained completion and clearance of its environmental review of the Highway Project priorto the execution of this Agreement by the State and the Utility. The Utility shall comply with the Buy America provisions of 23 U.S.C. § 313, 23 CFR 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code§ 223.045 and, when products that are composed predominately of steel and/or iron are incorporated into the permanent installation of the utility facility, use domestically manufactured products. TxDOT Form 1818 (Material Statement), along with all required attachments, must be submitted, prior to the commencement of the adjustment, removal, and relocation of the facility, as evidenceof compliance with the aforementioned provisions. Failureto submitthe required documentation or to comply with the Buy America, and Steel and Iron Preference requirements shall result in: (1) the Utility becoming ineligible to receive any contractor subcontract made with funds authorized underthe Intermodal Surface Transportation Efficiency Act of 1991; (2) the State withholding reimbursement for the costs incurred by the Utility in the adjustment, removal, and relocation of the Utility's facilities; and (3) removal and replacement of the non- compliant products. The Uti I ity ag rees to develop relocation or adjustment costs by accumulating actual d irect and related indirect costs in accordance with a work order accounting procedure prescribed by the State, or may, with the State's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by the Utility. Bills for work hereunder are to be submitted to the State not later than one (1) year after completion of the work. Failure to submit the request for final payment, in addition to all supporting documentation, within one (1) year after completion of the work may result in forfeiture of payment for said work. When requested, the State will make intermediate payments at not less than monthly intervals to the Utility when properly billed. Such payments will not exceed 90 percent (90%) of the eligible cost as shown in each such billing. Intermed late payments shall not be construed as final payment for any items included in the intermediate payment. The State will, upon satisfactory completion of the adjustment, removal, and/or relocation and upon receipt of firms billing prepared in an approved form and manner and accounting for any intermediate payments, make payment in the amount of 90 percent (90%) of the eligible costs as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the reimbursement amount found eligible for State reimbursement. Alternatively, the State agrees to pay the Utility an agreed lump sum of $N/A as supported by the attached estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and relocations and upon receipt of a final billing, make payment to the Utility in the agreed amount. Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to perform such work diligently and to conclude said adjustment, removal, and relocation by the stated completion date which is attached hereto in Attachment "C". The completion date shall be extended for delays caused by events outside the Utility's control, including an event of Force Majeure, which shall include a strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other events, interference by the State or any other party with the Utility's ability to proceed with the work, or any other event in which the Utility has exercised all due care in the prevention thereof so that the causes of other events are beyond the control and without the fault or negligence of the Utility. This agreement in its entirety consists of the following elements: Standard Utility Agreement — ROW-U-35; • Plans, Specifications, and Estimated Costs (Attachment "A"); • Accounting Method (Attachment "B"); nn r K 04/26/2021 Initial Date Initial Date TOOT Utility Form ROW-U-35 (Rev. 10/20) Page 3 • Schedule of Work (Attachment "C"); • Statement Covering Contract Work — ROW-U48 (Attachment " D"); • Utility Joint Use Agreement —ROW-U-JUA and/or Utility Installation Request— Form 1082 (Attachment "E„); • Eligibility Ratio (AttachmentT"); • Betterment Calculation and Estimate (Attachment "G"); and • Proof of Property Interest — ROW-U-Affidavit (Attachment "H"). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to costs covered by a modification or amendment of this agreement or a written change or extra work order approved by the State and the Utility. This agreement is subjectto cancellation bythe State at any time up to the date that work under this agreement has been authorized, and such cancellation will not create any liability on the part of the State. However, the State will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement. The State Auditor may conduct an audit or investigation of any entity receiving funds f rom the State d irectly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract orindirectlythrough a subcontract und e r this contract acts as acceptance of the authority of the StateAuditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Utility by execution of this agreement does not waive any of the rights that the Utility may have within the limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, and relocation at its own risk, and that the State makes no warranties or representations regarding the existence or location of utilities currently within its right of way. M G K 04/26/2021 Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev. 10/20) Page 4 The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. Utility: City of Lubbock Name of Utility By: "� . Authorized Signature Michael G. Keenum, P.E. Print or Type Name Title: City Engineer D ate: 04/26/21 M G K 04/26/2021 Initial Date Initial Date TxDOT Utility EXECUTION RECOMMENDED: Director of TP&D (or designee), District THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policiesorwork programs heretofore approved and authorized by the Texas Transportation Commission. By: Date: District Engineer (or design e e) .I cry or tuubbock Date: 03/03/21 Steven Warren, P.E. Lubbock District Engineer TxDOT Lubbock District 135 Staton Road Lubbock, TX 79404 RE: Abandonment Request State Loop 88 Project RCSJ 1502-035 CSJ 1502-029 Lubbock County Location: Between Indiana Ave to University Ave (See plan sheet) Dear Mr. Warren, The City of Lubbock hereby requests portions of the existing utility facility adjustments and/or relocations shown in the attached plan sheet to be abandoned in place. The existing wastewater facilities ranging from 12-inches to 48-inches to be abandoned in place in compliance with TxDOT's Utility Accommodation Rules (UAR). These abandonments will be performed by the TxDOT Contractor under the Loop 88 project. During the utility adjustment/relocation, the vacated facilities that are shown in the attached plan sheets as abandoned in place shall be cut, capped, flow filled and left in place. - Station, Size, Type (material composition) and Linear Feet to be abandoned: Loop 88 Sta No. Size (Inches) Material Length (Feet) Start End 3544+90, 71'RT 3595+50, 21'RT 48 FRP 5,060 3543+75, 135'RT 3544+37, 51'RT 36 FRP 92 3595+80, 1961T 3595+81, 201T 24 PVC 216 3546+13, 71'RT I 3546+13, 118RLT 12 PVC 47 - The existing pipeline operating condition is: Optimal. The existing pipeline is not in conflict with other existing utilities. - Abandonment will not cause conflict with either the proposed construction and/or other utilities as these facilities will be removed during Highway Construction Contract. - The removal of abandoned facilities as shown in the attached plan sheet will be performed by the TxDOT Contractor. This abandonment shall not be construed as a change in ownership of the facility. City of Lubbock assumes all financial responsibility and property ownership of the abandoned lines. City of Lubbock will be responsible for maintaining abandoned facility records, in accordance with the Texas Department of Transportation Utility Accommodation Rules (UAR). City of Lubbock certifies that this abandonment conforms to all requirements of UAR 43TAC §21.39 of the Texas Administrative Code (TAC) and all current federal, state, and local laws, codes and industry standards. There is no environmentally sensitive/hazardous material associated with this proposed abandonment. If you have any questions, please contact this office at 806 775-2393. Your attention to this matter is appreciated. Sincerely, Michael G. Keenum, P.E., CFM City Engineer City of Lubbock 1314 Avenue K Lubbock, TX 79401 MKeenum@mail.ci.lubbock.tx.us SAVED or aANDIER.SMElLS SATED DATE: 6/12/20 PRO.ECT PATH K:\LUB-UMMTS\D53l2W28-SIBS MTS\D53l2W28-SIBS UTILITY RELOCATIONS\DADD\SOEETS\MJNa 5 BID PAM—\ADANDO-ENTSOW PLOT DATE PLOT Br M.&o Jun. 22. 20M — AM 98WM CHANDLER p ffi 3111MV A16YNN11 MATCH LINE STA. 40+00 SEE THIS SHEET I/ MATCH LINE STA, 25+00 TSEE THIS SHEET 1 ' I � 9111 3r*QAV JWU 8 � 1 yraV vxIrlDle /� o.ao �— - — - OO+Ob S IHI HOlVW (— s 133HS S3N 33S MATCH LINE S7 2 00 SEE THIS SHEET >w � a I i I I I Form ROW-U-35 (Rev. 10/20) Page 5 Attachment "A" Plans, Specifications, and Estimated Costs All material items within cost estimate that must meet Buy America or Steel and Iron Preference Provision requirements must be indicated with an asterisk (*). ❑ Currently, we do not have Buy America required materials planned for this project. In the event that Buy America compliant materials are used during construction on this project, compliance documentation will be provided. ❑ There are non -domestic iron and steel materials in this project that fall under the De Minimus equation. Calculation showing the total cost does not exceed one -tenth of one percent (0.1 %) of the individual utility agreement amount or $2,500.00, whichever is greater is required. ® We understand the Buy America Compliance Requirements and will supply the required documentation to TxDOT indicating compliance with this provision. The following documents will be supplied prior to installation of the materials: 1) Form 1818 - Material Statement 2) Material Test Reports or Certifications M G K 04/26/2021 Initial Date Initial Date TxDOT Utility SATED BY: STEVEN.9US SAVED DATE 10/20/20 PLOT DATE PLOT BY PROJECT PAIN K:\LW-UTILITIES\D831WD38-A UTILITY N OCAPONS\CADO\SKEETS\45JNO1-.s5 BID PAOCADE\91EET INDEXM Tuesday. O tal W. III30 9 13 AU ws. 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STEVEN �j 3N34r USUMM MATCH LINE STA. 40+00 SEE THIS SHEET MATCH LINE STA. 25+00 .� E THIS SHEET >0 1 O 1 41 a WoolF' 3nN3AV JMIf I Ru 1 I I 1 , 1 � 1 iL Il ak p I , 1 - At; �� 3rw3w vITYKw '� I 9/ 133HS SIHL 33S I § 00+04 'V1S 3NI3 HO1VW 1 I I� I I II g gy� MATCH LINE S77.25+00 SEE THIS SHEET m z� �y�. t $ nD r T� o mn N £ o m 2-1 2 ; > �] �� s m 00 e K� 00 CAIm X 8 z TT 3 D o m i w0 SAVED BY STEVEN SYS SAVED OATS 10/19/20 PROJECT NAM It \LU9_UTIUBES\063126026-SL66 UTILITY RELOCAWAS\CA00\SHEETS\0JNCN-W &D PACXAGE\MJNCH-P&P k00-3 OOOMG d W W N W �t 00 FD a C) n o a o O + STA: O.00OO O OEM 21.V OEW O IBERGLASS MEW m C OPEN CUT CASWC BT g?3 44JJ 3 SSii 4444 CONNECT EASTNG 66' TUNNEL LINER PLATE T I • [� PROPOSED 60• STEEL CASING 9 Z iC19ERQAS ME T0� PROPOSED 46• I [ P FIBERGLASS PIPE N1 PER MANUFACTURER'S RE, 1 1 DETAIIDATION RE' DE TAR IMON 2024 0SG I — CND 214 LF OP 4r 3 FIBERGLAW MEN 60• STEEL CO Br y Pyo 0.11 OPEN CUT RE 1/91EET 202.DETut 8 STA: 2.16.67 g� S .Tau. 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STEVEN N � D T'l r � u \�� . m � � m yZy m 0 j C Z O ��. •�'. .'gym A \ `aOUT ox k $ i�i5:'U,��;y} ttix�hi';�/;jf•Fti�'�thnt'".'Tsyri� .t�- F +��may i�o rm<n1Ln Dy�mo mNGm�1 •mAAAwmpmu•• �WANAo°�, ' m�oNovjNOWN,O°rmm)c : OO�z NNO m Form ROW-U-35 (Rev. 1 WO) Page 6 Attachment "B" Accounting Method M Actual Cost Method of Accounting The utility accumulates cost under a work order accounting procedure prescribed by the Federal or State regulatory body and proposes to request reimbursement for actual direct and related indirect costs. ❑ Lump Sum Method of Accounting Utility proposed to request reimbursement based on an agreed lump sum amount supported by a detailed cost analysis. M G K 04/26/2021 Initial Date Initial Date TxDOT utility Kim -Horn and Associates, Inc. Opinion of Probable Construction Cost Client: City of Lubbock Date: 11/19/2020 Project: Loop 88 Utility Relocations Prepared By: WCS KHA No.: 063126026 Checked By: KAF Title: City of Lubbock 48-Inch Sanitary Sewer Relocation Item No. Item Description Quantity Unit Unit Price Cost 1 CELL FBR MLCH SEED(PERM)(URBAN)(SANDY) 14,520 SY $ 0.50 $ 7,260.00 2 CEMENT STABILIZED BACKFILL 420 CY $ 150.00 $ 63,000.00 3 TEMP SEDMT CONT FENCE (INSTALL) 4,431 LF $ 3.00 $ 13,293.00 4 TEMP SEDMT CONT FENCE (REMOVE) 4.431 LF $ 3.00 $ 13.293.00 5 SAN SWR (10 IN)(PVC)(DR26) 505 LF $ 85.00 $ 42,925-00 6 SAN SWR (15 IN)(PVC)(DR26) 50 LF $ 120.00 $ 6,000.00 7 SAN SWR OPEN CUT (STL)(20 IN) 67 LF $ 150.00 $ 10.050.00 8 SAN SWR (JACK, BORE OR TUNNEL)(STEEL)(20 IN) 349 LF $ 250.00 $ 87,250.00 9 SAN SWR TRENCH EXCAVATION PROTECTION 6,135 LF $ 5.00 $ 30,675.00 10 SAN SWR POST TELEVISION INSPECTION (ALL SIZES) 6,135 LF $ 5.00 $ 30.675.00 11 GROUT ABANDONMENT SAN SWR (ALL SIZES) 6,124 LF $ 50.00 $ 306,200.00 12 RMV EXIST SAN SWR (ALL SIZES) 120 LF $ 100.00 $ 12.000.00 13 SAN SWR (36 IN)(FRP)(SN72)(27'-30') 20 LF $ 325.00 $ 6,500.00 14 SAN SWR (48 IN)(FRP)(SN46)(0'-18') 2,404 LF $ 350.00 $ 841,400.00 15 SAN SWR (48 IN)(FRP)(SN72)(18'-21') 748 LF $ 410.00 $ 306,680.00 16 SAN SWR (48 IN)(FRP)(SN72)(21'-24') 802 LF $ 415.00 $ 332,830.00 17 SAN SWR (48 IN)(FRP)(SN72)(24'-27') 814 LF $ 420.00 $ 341,880.00 18 SAN SWR (48 IN)(FRP)(SN72)(27'-30') 578 LF $ 430.00 $ 248,540.00 19 SAN SWR CARRIER PIPE IN CAS (48 IN)(FRP)(SN46) 214 LF $ 350.00 $ 74,900.00 20 CONNECT EX SAN SWR MAIN TO PRO SAN SWR MAIN 2 EA $ 5.000.00 $ 10,000.00 21 SAN SWR CASING OF CUT (STEEL)(60 IN) 214 LF $ 500.00 $ 107,000.00 22 CONNECT EX SAN SWR CAS TO PRO SAN SWR CAS 1 EA $ 2,500.00 $ 2,500.00 23 SAN SWR MH (FRP)(5' DIA) 3 EA $ 15,000.00 $ 45,000.00 24 SAN SWR MH (FRP)(5' DIA)(DROP) 1 EA $ 20,000.00 $ 20,000.00 25 SAN SWR RISER MH (FRP)(5' DIA) 11 EA $ 25,000.00 $ 275,000.00 26 SAN SWR RISER MH (FRP)(5' DIA)(DROP) 3 EA $ 25,000.00 $ 75,000.00 27 SAN SWR FRP MH (EXT DEPTH)(5' DIA) 367 LF $ 500.00 $ 183,500.00 28 CONNECT EX SAN SWR MAIN TO PRO MANHOLE 3 EA $ 5,000.00 $ 15.000.00 29 VACUUM TEST FOR SAN SWR MH 18 EA $ 300.00 $ 5,400.00 30 GROUT ABN EXISTING MANHOLE SAN SWR 121 EA I $ 6,100-0011 $ 73 200.00 11 Total $3 587 000.00 u No Design Completed u Preliminary Design 7 Final Design This total does not reflect engineering or technical services. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Notes: 1. Unit costs include labor, materials, and equipment. 2. Existing leaded joint water fines, fire hydrants, and isolation valves cannot be reused as State law prohibits use. 3. Existing water line and appurtenances wilt be abandoned in place for economic reasons. 4. Construction costs include labor, overhead, and profit. 5. Engineering costs include labor, overhead, and profit. Kimley-Horn and Associates, Inc. Opinion of Probable Construction Cost Client: City of Lubbock Date: 3/4/2021 Project: Loop 88 Utility Relocations Prepared By: WCS KHA No.: 063126026 Checked By: KAF Title: City of Lubbock Water Line Removals Item Desc Code Item Description Quantity Unit Unit Price Cost 7252 6008 REMOVE EXISTING 6" WATER LINE 212 LF $ 15.00 $ 3,180.00 7252 6008 REMOVE EXISTING 8" WATER LINE 840 LF $ 15.00 $ 12,600.00 7252 6008 REMOVE EXISTING 10" WATER LINE 109 LF $ 15.00 $ 1,635.00 7252 6008 REMOVE EXISTING 12" WATER LINE 4,636 LF $ 15.00 $ 69,540.00 7252 6008 REMOVE EXISTING 16" WATER LINE 900 LF 15.00 $13,500.00 Total: 5100 500.00 LJ no uesign wmpieceo ❑ Preliminary Design ❑✓ Final Design This total does not reflect engineering or technical services. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Notes: 1. Unit costs include labor, materials, and equipment. 2. Existing leaded joint water lines, fire hydrants, and isolation valves cannot be reused as State law prohibits use. 3. Existing water line and appurtenances will be abandoned in place for economic reasons. 4. Construction costs include labor, overhead, and profit. 5. Engineering costs include labor, overhead, and profit. Form ROW-U-35 (Rev. 10/20) Page 7 Attachment "C" Schedule of Work Estimated Start Date: 05/01/2021, (subject to physical work restrictions prior to the issuance of environmental clearance as required by the provisions of this agreement) Estimated Duration (days): 330 Estimated Completion Date: 3/27/2022 M G K 04/26/2021 Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev. 10/20) Page 8 Attachment "D" Statement Covering Contract Work (ROW-U-48) (ROW-U-48-1, if applicable) Construction Contract: ❑ Utility performing with their own forces (timesheets will be required at the time of billing). ® Utility will use outside forces to perform the adjustment, complete attached ROW-U-48 or ROW-U-48-1 (joint bid). Engineering Contract: ❑ Utility performing with their own forces (timesheets will be required at the time of billing). ® Utility will use consultant contract (continuing contract rate sheets or fee schedule will be required). ❑ TxDOT will procure utility consultant. MGK 04/26/2021 Initial Date Initial Date TxDOT Utility U-Number: 15446 ROW CSJ Number: 1502-01-035, 1502-01-036 District: LUBBOCK County: LUBBOCK Highway No.: 88 Federal Project No.: STIR 1802 [252), STP 1802 [258] Michael Keenum , a duly authorized and qualified representative of City of Lubbock hereinafter referred to as Owner, am fully cognizant of the facts and make the following statements in respect to work which will or may be done on a contract basis as it appears in the estimate to which this statement is attached. It is more economical and/or expedient for Owner to contract this adjustment, or Owner is not adequately staffed or equipped to perform the necessary work on this project with its own forces to the extent as indicate on the estimate. Procedure to be Used in Contracting Work [� A. Solicitation for bids is to be accomplished through open advertising and contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. Associated bid tabulations will be provided to the State. [ ] B. Solicitation for bids is to be accomplished by circulating to a list of pre -qualified contractors or known qualified contractors and such contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. Associated bid tabulations will be provided to the State. Such presently known contractors are listed below: 2. 3. 4. 5. [ ] C. The work is to be performed under an existing continuing contract under which certain work is regularly performed for Owner and under which the lowest available costs are developed. The existing continuing contract will be made available to the State for review at a location mutually acceptable to the Owner and the State. If only part of the contract work is to be done under an existing contract, give detailed information by attachment hereto. [, D The utility proposes to contract outside the foregoing requirements and therefore evidence in support of its proposal is attached to the estimate in order to obtain the concurrence of the State, and the Federal Highway Administration Division Engineer where applicable, prior to taking action thereon (approval of the agreement shall be considered as approval of such proposal). E. The utility plans and specifications, with the consent of the State, will be included in the construction contract awarded by the State. In the best interest of both the State and the Owner, the Owner requests the State to include the plans and specifications for this work in the general contract for construction of Highway SL 88 in this area, so that the work can be coordinated with the other construction operations; and the construction contract is to be awarded by the State to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. If this option is chosen, attach form ROW-U-48-1, the terms of which are incorporated herein by reference. ,�}_� ` 04/26/21 Signature Date Division Director of Engineering/City Engineer Title *U48* T a ROW-U-48.1 (09/18) Page 1 of 2 Statement Covering Utility Construction Contract Work - In the State's Highway Construction Contract (As Referenced in Form ROW-U-48, Option E) Work Responsibilities A. The Utility shall provide the following services under this contract: i. Responsible for engaging the services of a Texas Registered Professional Engineer to prepare drawings and technical specifications for relocations and adjustments along SL 88. ii. Provide the plans and specifications to the State to include in the current planning specifications and estimate package being prepared by representatives of the Texas Department of Transportation's Lubbock Area Office. iii. Secure all necessary permitting as may be required for the installation of the sanitary sewer line. iv. Arrange and coordinate with the contractor, through the State, materials and equipment testing, rejection of all work not conforming to minimum requirements of the construction contract documents, maintenance of the proposed sanitary sewer during construction, and the relocation of sanitary sewer lines and connection of services to customers. V. Advise the State of work that Utility determines should be corrected or rejected. vi. Arrange, observe, and inspect all acceptance testing and notify the State of the results of these activities. vii. Provide inspection services for the construction, notify the State of defects and deficiencies in the work, and observe actions of the contractor to correct such defects and deficiencies. viii. Assume all responsibility for the maintenance of the existing sanitary sewer line during and upon completion of the construction contract. ix. Ensure all Texas Commission on Environmental Quality and all other regulatory rules, regulations and laws are strictly adhered to. X. Prepare and submit both a certificate of substantial completion and a list of observed items requiring completion or correction for the relocations and adjustments to the Project Engineer for concurrence. xi. Coordinate all construction activities performed by Utility's staff for the relocations and adjustments through the Project Engineer. ROW-U-48-1 (09/ 18) Page 2 of 2 B. The State shall provide the following services under this contract: i. Combine the sanitary sewer line relocation and adjustment plans with the plans being prepared for the Project. ii. Review and approve the final construction plans prior to any construction - related activities. In order to ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising for construction. iii. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. iv. Negotiate and administer all field changes and change orders required for the Project. All change orders increasing construction costs for Utility's Project shall be submitted to Utility for review and approval together with an evaluation. Utility agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless Utility Board's approval is necessary in which case Utility shall bring the item to Utility Board as soon as reasonably possible. V. Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. vi. Conduct field observations and coordinate with Utility's inspectors and the contractor to cure defects and deficiencies in the construction prior to final acceptance. vii. Make timely payment to the contractor for work performed in connection with the Project. viii. Ensure access and permit Utility's inspectors and other authorized representatives to inspect the waterline construction at all times. ix. Conduct and coordinate final inspection of the Project in the presence of Utility's Engineer and Inspector, transmit final list of items to be completed or repaired and observe contractor correction of same. x. Maintain job file. Schedule This scope of services is directly related to and impacted by the TXDOT South Loop 88 design and construction schedule. The Engineer will provide the Services as expeditiously as practicable, however the Engineer has no control over the schedule or delays due to the TXDOT schedule. The anticipated design time for the relocations is 5 months upon notice to proceed. Fee and Billing Engineer will provide the Reimbursable Tasks identified in the Scope of Services and shown in the Table below on a labor fee plus expense basis total, not to exceed $529,400 for the reimbursable tasks, which includes all reimbursable expenses. The not to exceed amount will not be exceeded without the client's prior written approval and amendment of this Agreement. The reimbursable fee breakdowns below are provided for budgeting purposes only and are not intended to represent a specific budget for each reimbursable task. Engineer reserves the right to reallocate the reimbursable budget among tasks as determined necessary by Engineer and approved by City's representative. Labor fees will be billed according to the attached rate schedule. Direct reimbursable expenses including express delivery services, fees, and other direct expenses will be billed at 1.10 times cost. An office expense amount will be added to each invoice to cover certain other expenses such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Reimbursable fees will be invoiced monthly based on the actual amount of services performed and expenses incurred. Payment of all fees will be due within 30 days of your receipt of the invoice. Section I Task: Task Fee: 1. Topographic Survey $71,500 2. Geotechnical Engineering $6,600 Design $258,400 Bidding $22,800 5. Construction Contract Administration $74,600 6. Land Acquisition _ $95,500 Total Reimbursable Fee: $529,400 City of Lubbock Loop 88 48-Inch Sewer Line Relocation Kimley-Horn Labor Breakdown Design Task Classification Principal Project Manager Project Engineer Admin Expenses Subtotal Hourly Rate $240.00 $215.00 $185.00 $110.00 # of Hours 58 174.5 266 0 Task Subtotal $13,920.00 $37,517-50 $49,210.00 $0.00 $8,867.50 $109,515.00 Bidding Task Classification Principal Project Manager Project Engineer Admin Expenses Subtotal Hourly Rate $240.00 $215.00 $185.00 $110.00 # of Hours 0 0 0 0 Task Subtotal $0.00 $0-00 $0.00 $0.00 $0.00 $0.00 Construction Phase Task Classification Principal Project Manager Project Engineer Admin Expenses Subtotal Hourly Rate $240.00 $215.00 $185.00 $110.00 # of Hours 0 0 0 0 Task Subtotal $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Kimle -Horn Total: $109,515.00 Subconsultant Summary Consultant Name Task Name Subtotal Hugo Reed Survey $71,500.00 Hugo Reed Land Acquisition $95,500.00 Subconsultant Total: $167,000.00 City of Lubbock Labor Breakdown for Construction Phase Inspection Services Rate Quantity Unit Total Inspector, full time, 40 hrs/week $75 1920 HRS $144,000 Estimated cost of Construction Inspection: $144,000 Reimbursement Totals City of Lubbock 48-Inch Sanitary Sewer Relocation Opinion $3,602,951.00 of Probable Construction Costs (OPCC)(CSJ029) City of Lubbock Water Line Removals OPCC $100,455.00 Kimle -Horn Costs $109,515.00 Subconsultant Costs $167.000.00 City of Lubbock Costs $144.000.00 Grand Total $4,123,921.00 *Existing leaded joint water lines, fire hydrants, and isolation valves cannot be reused as State law prohibits use *Existing water line and appurtenances will be abandoned in place for economic reasons *Construction costs include labor, overhead, and profit *Engineering costs include labor, overhead, and profit Reimbursable Replacement Easement Costs Parcel Quantity Unit Unit Price Total 1 1,612 SF $6.62 $10,671.44 2A&2B 114,781 SF $6.50 $746,076.50 3 6,970 SF $6.75 $47,047.50 4 6,970 SF $6.75 $47,047.50 Totall $850,842.94 Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Senior Professional I................................................................................... $240 - $255 SeniorProfessional II.................................................................................. $170 - $245 Professional................................................................................................. $155 - $185 Senior Technical Support............................................................................ $115 - $185 Technical Support....................................................................................... $70 - $100 Analyst........................................................................................................ $100 - $155 SupportStaff............................................................................................... $75 - $ 110 Effective July 2018 Form ROW-U-35 (Rev. 10/20) Page 9 Attachment "E" Utility Joint Use Agreement — (ROW-U-JUA) and/or Utility Installation Request — (Form 1082) ® Utility Joint Use Agreement (ROW—U—JUA) ® Utility Installation Review/Permit Number: M G K 04/26/2021 Initial Date Initial Date TxDOT Utility U-Number: 15446 ROW CSJ: 1502-01-35, 1502-01-36 District: Lubbock Federal Project No.: STP 1802[252], STP 1802[258] Projected Highway Letting Date: 05/01/21 County: Lubbock Highway: SL 88 From: Chicago Avenue To: Avenue U WHEREAS, the State of Texas, ("State"), acting by and through the Texas Department of Transportation ("TxDOT'), proposes to make certain highway improvements on that section of the above -indicated highway; and WHEREAS, the City of Lubbock ("Utility"), proposes to adjust or relocate certain of its facilities, if applicable, and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated by the location map attached hereto. NOW, THEREFORE, in consideration of the covenants and acknowledgements herein contained, the parties mutually agree as follows: It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Nothing in this Acknowledgement shall serve to modify or extinguish any compensable property interest vested in the Utility within the above described area. If the facilities shown in the aforementioned plans need to be altered or modified or new facilities constructed to either accommodate the proposed highway improvements or as part of Utility's future proposed changes to its own facilities, Utility agrees to notify TxDOT at least 30 days prior thereto, and to furnish necessary plans showing location and type of construction, unless an emergency situation occurs and immediate action is required. If an emergency situation occurs and immediate action is required, Utility agrees to notify TxDOT promptly. If such alteration, modification or new construction is in conflict with the current highway or planned future highway improvements, or could endanger the traveling public using said highway, TxDOT shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway. Such regulations shall not extend, however, to requiring the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. If Utility's facilities are located along a controlled access highway, Utility agrees that ingress and egress for servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets, or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be made to the outer portion of the highway right of way from any one or all access points. Where supports, manholes or other appurtenances of the Utility's facilities are located in medians or interchange areas, access from the through -traffic roadways or ramps will be allowed by permit issued by the State to the Utility setting forth the conditions for policing and other controls to protect highway users. In an emergency situation, if the means of access or service operations as herein provided will not permit emergency repairs as required for the safety and welfare of the public, the Utility shall have a temporary right of access to and from the through -traffic roadways and ramps as necessary to accomplish the required repairs, provided TxDOT is notified immediately when such repairs are initiated and adequate provision is made by Utility for the convenience and safety of highway traffic. Except as expressly provided herein, the Utility's rights of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public. M G K 04/26/2021 Initial Date Initial Date TxDOT utility If Utility's facilities are located along a non -controlled access highway, the Utility's rights of ingress and egress to the through -traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general public. Participation in actual costs incurred by the Utility for any future adjustment, removal or relocation of utility facilities required by highway construction shall be in accordance with applicable laws of the State of Texas. Utility will, by written notice, advise TxDOT of the beginning and completion dates of the adjustment, removal, or relocation, and, thereafter, agrees to perform such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion date. The completion date shall be extended for delays caused by events outside Utility's control, including an event of Force Majeure, which shall include a strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other events, interference by the State or any other party with Utility's ability to proceed with the relocation, or any other event in which Utility has exercised all due care in the prevention thereof so that the causes or other events are beyond the control and without the fault or negligence of Utility. It is expressly understood that Utility conducts the new installation, adjustment, removal, and/or relocation at its own risk, and that TxDOT makes no warranties or representations regarding the existence or location of utilities currently within its right of way. The Utility and the State, by execution of this Acknowledgement , do not waive or relinquish any right that they may have under the law. The signatories to this Acknowledgement warrant that each has the authority to enter into this Acknowledgement on behalf of the party represented. IN WITNESS WHEREOF, the parties hereto have affixed their signatures. UTILITY Utility: City of Lubbock Name of Utility By: Title Date: .Zl. Cam........., Authorized Signature Michael G. Keenum, P.E. Print or Type Name City Engineer 04/26/21 M G K 04/26/2021 Initial Date Initial Date TxDOT Utility EXECUTION RECOMMENDED: Director of TP&D: Lubbock District THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date: District Engineer U-No.: 15446 District: Lubbock Date: Utility Name: City of Lubbock County: Lubbock ROW CSJ No: 1502-01-35, 1502-01-36 Con CSJ No.: 1502-01-29,1502-01-30 Highway No.: SL 88 Project Limits (include station numbers): Proposed SL 88 center line station 3543+30 to 3596+30. Limits of Utility Accommodation /Adjustment (if applicable; include station numbers): N/A 1) Does the Utility possess property interest inside the ROW? ❑X Yes ❑ No ❑ N/A a) Has the property interest been verified/linked to the location? XJ Yes ❑ No ❑ N/A b) Is the property interest documentation provided? ❑X Yes ❑ No ❑ N/A 2) Form ROW-U-UJUA version is current? ❑X Yes ❑ No ❑ N/A 3) Corporate succession documented for property interest "chain of ownership"? X❑ Yes ❑ No ❑ N/A 4) Do the plans show existing/proposed ROW and existing/proposed facility? ® Yes ❑ No ❑ N/A 5) Is the area of joint use highlighted on the plans? ®Yes ❑ No ❑ N/A 6) Is the Utility's facility inside the area of joint use? ® Yes ❑ No ❑ N/A a) Has the Utility's facility been relocated outside the Utility's proposed joint use area? ❑X Yes ❑ No ❑ N/A 7) Has the ROW-U-UJUA form been modified? ❑ Yes ® No ❑ N/A a) If yes, has the document been approved by a ROW Attorney? ❑ Yes ❑ No ® N/A 8) Has ROWIS status been updated to "Clear for Construction"? X❑ Yes ❑ No ❑ N/A Prepared By: Date: Tezas Oepartmenf o/ hansporfaffon Utility Installation Request PERMIT NUMBER GLOBAL POSITIONING SYSTEM COORDINATES (GPS) NORTH AMERICAN DATUM 1983, (1993 ADJUSTMENT) IN DECIMAL DEGREES(DD) LATITUDE (DD) LONGITUDE (DD) BEGIN 33.476 101.888 END 33.476 101.870 To the Texas Transportation Commission c/o District Engineer Texas Department of Transportation Lubbock Formal notice is hereby given that City of Lubbock proposes to place a 48-inch, 36-inch, 15-inch, and 10-inch sanitary sewer line line within the right of way of SL 88 Lubbock , RM , Displ. County Texas, MNT Sec. No. Use additional sheet as needed) See attached additional sheet. Date , Texas , to RM Displ Form 1082 (Rev. 12/09) Page 1 of 2 as follows: (give location, length, general design, etc. in We will construct and maintain the line on the highway right of way as shown on the attached drawing and in accordance with the rules, regulations and policies of the Texas Department of Transportation (TxDOT), and all governing laws, including, but not limited to, the "Texas Engineering Practice Act," "Federal Clean Water Act," the "National Endangered Species Act," "Americans with Disabilities Act," and the "Federal Historic Preservation Act." Upon request by TxDOT at any time, we will submit to TxDOT proof of compliance with all governing laws, rules and regulations before commencement of construction. Plans shall include the design, proposed location, vertical elevations, and horizontal alignments of the facility based on the department's survey datum, the relationship to existing highway facilities and the right of way line, traffic safety and access procedures, and location of existing utilities that may be affected by the proposed utility facility. The location and description of the proposed line and appurtenances is more fully shown by a complete set of drawings attached to this Utility Installation Request (Request). We will give plans to TxDOT for each future proposed modification or expansion to our facility and TxDOT will have 30 days to review and approve the plans prior to commencement of the work. A new Request may be required as a condition of approval. Our organization will use Best Management Practices to minimize erosion and sedimentation resulting from the proposed installation, and we will revegetate the project area as indicated under "Revegetation Special Provisions." We will also ensure that traffic control measures complying with applicable portions of the Texas Manual of Uniform Traffic Control Devices will be installed and maintained for the duration of this installation. When installing, modifying or maintaining our utility on controlled access facilities, we shall conform to the Texas Transportation Code, Title 6 Roadways, Chapter 203, Subchapter C, Control of Access, §203.031 (http:// www.statutes.legis.state.tx.us/). We shall limit access for servicing this installation to access via (a) frontage roads where provided, (b) nearby or adjacent public roads or streets, (c) trails along or near the highway right of way lines, connecting only to an intersecting road; from any one or all of which entry may be made to the outer portion of the highway right of way for normal service and maintenance operations. Our rights of access to the through traffic roadways and ramps shall be subject to the same rules and regulations that apply to the general public. It is expressly understood that TxDOT does not purport hereby to grant any right, claim, title or easement in or upon highway right of way. TxDOT may require us to relocate this line, subject to the provisions of governing laws, by giving us at least 30 days written notice. We understand a new Request will be required for the relocation. We will notify TxDOT prior to commencement of any operation which requires pruning of trees so that TxDOT may provide specifications to govern performance of work, including trimming, topping, tree balance, type of cuts, painting cuts and clean up. We understand that these specifications are intended to preserve TxDOT's considerable investment in highway beautification plantings and by reducing damage due to trimming and to protect known endangered species. Our installation shall not damage any part of the roadway structure or associated appurtenances. We will make adequate provisions to cause minimum inconveniences to the traveling public and adjacent property owners. We will not open -cut driveways or intersecting roadways without specific written permission from the owner. Following approval, we will begin construction on or after Month/Day/Year Form 1082 (Rev. WeQg9 Page 2 of 2 We understand TxDOT may place additional provisions and requirements as listed below, based upon, but not limited to, the type of utility being installed, local site conditions, soil types and traffic. Additional Provisions and Requirements (for TxDOT input only) • General Special Provisions: ❑ Are attached. ❑ Are not attached. • As -built Plans/Certifications of Construction: ❑ Are required and shall be certified as accurate by an authorized representative of the company. U Are required and shall be signed and sealed by a State of Texas Licensed Professional Engineer. ❑ Are not required ❑ Certification that utility was installed as approved • Re -vegetation Special Provisions: In order to minimize erosion and sedimentation resulting from the proposed installation, the project area will be re -vegetated: in accordance with TxDOT's Standard Specification Item 164 which specifies the appropriate grass seed mix to be used, or: as indicated on the attachment. TxDOT Representative to be notified 48 hours prior to beginning construction: If approved, we understand we will assume all risks associated with this installation within the TxDOT right of way. These risks include injuries to our workers, damage to contiguous utility lines that may be in the area and injuries or damage resulting from our failure to properly install and maintain the line. If the character, use or function of our installation is materially changed from that approved under this Request, we will notify TxDOT within 30 days after the change. In the event of a voluntary or involuntary loss of public utility status, or other legal authority for longitudinal placement of the utility facility in the highway, or there is an abandonment of the facility without the approval of TxDOT, we will at our expense remove the unauthorized portion of the facility from the right of way. If installation of the line is not begun prior to the 91st calendar day from date of issuance, we acknowledge that, unless otherwise extended, TxDOT's approval of this Request will automatically expire, and we will be required to resubmit our Request. All Request submissions, whether due to expiration of approval under this paragraph or new Requests for modifications and relocations shall be in accordance with the governing laws, rules, regulations and policies existing at the time of submission. In the event we fail to comply with any or all of the requirements as set forth in this Request, the State may take such action as it deems appropriate to compel our compliance. By signing as/for the requestor below, I certify that I am authorized to represent the requestor, that I agree to the provisions and requirements included in this Utility Installation Request, and our commencement of construction will further attest to our review and acceptance of said additional provisions and requirements. Date: By. Signature: REQUESTOR 04/26/2021 Zoltan Fekete Title: Sr. Civil Engineer Address: 1314 Ave K City Lubbock State TX Zip Code79401 ( 806 ) 775-3317 Area Code Telephone Number APPROVED BY TxDOT Date: By: Signature: Title: Address: City State Zip Code Area Code Telephone Number Utility Installation Request See Attachment A for location, general design, and lengths for each proposed utility located in TxDOT ROW. The proposed 48-inch sanitary sewer line shall be constructed in TxDOT ROW from station 0+00 to station 5+98 and station 49+63 to station 55+64 (Attachment A Sheet 4,5,14,15). Approximately 493 linear feet of 10-inch sanitary sewer line shall be constructed in TxDOT ROW (Attachment A Sheet 16). Approximately 20 linear feet of 36-inch sanitary sewer line and 50 linear feet of 15-inch sanitary sewer line shall be constructed in TxDOT ROW (Attachment A Sheet 17). Form ROW-U-35 (Rev. 10M) Page 10 Attachment "F" Eligibility Ratio Eligibility Ratio established: 97.76 % ❑ Non -interstate Highway (Calculations attached) ❑ Interstate Highway ROW Utility Manual Chapter 8, Section 2 In developing the ratio, line length or number of poles is restricted to facilities located within the existing and proposed highway right of way. Facilities located outside the existing and proposed right of way limits will not be used in developing the ratio. Please see example of eligibility ratio calculations below. Size (inch) Utility Type Outside of Existing ROW Being Replaced (LF) Total Pipe (LF) Total Reimbursable (LF) 48 Sewer 5186 5186 5186 36 Sewer 92 92 92 24 Sewer 216 216 216 15 Sewer 64 64 64 12 Sewer 47 47 47 10 Sewer 1 489 619 489 6224 6094 97.91% Size (inch) Utility Type Outside of Existing ROW Being Removed (LF) Total Pipe (LF) Total Reimbursable (LF) 16 Water 740 900 740 12 Water 4134 4636 4134 10 Water 109 109 109 8 Water 840 840 840 6 Water 200 212 200 6697 6023 89.94% Facility Individual Eligibiilty Ratio OPCC Total Reimbursable Cost Composite Eligibility Ratio Sewer 97.91% $ 3,603,000.00 $ 3,527,744.54 97.69% Water 89.94% $ 100,500.00 $ 90,385.47 97.69% M G K 04/26/2021 Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev. 10/20) Page 11 Attachment "G" Betterment Calculation and Estimate ❑ Elective Betterment Ratio established: % (Calculation attached and justification b6low) ❑ Forced Betterment (Provide supporting documentation) ® Not Applicable Elective betterment justification statement: M G K 04/26/2021 Initial Date Initial Date TOOT utility Form ROW-U-35 (Rev. 10/20) Page 12 Attachment "H" Proof of Property Interest ® Supporting documentation of compensable property interest that establishes reimbursement eligibility as referenced in Texas Transportation Code §203.092. ❑ Property interest documented through applicable affidavits and required attachments. ❑ ROW-U-Affidavit ❑ The roadway improvement project is designated as an Interstate Highway project; therefore, no supporting documentation of compensable interest is required. 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Ln lig, z c') IN, 0 c- m .z I ----------- Ric, -air % rRvaco 9-S"Ut 11mg ----------- N'Ph .xze MOO -d MATCH LINE SHEET 60 STATION 3609+00 EASEMENT DOCUMENTATION TABLE OF CONTENTS City of Lubbock 48-inch Sanitary Sewer (Pages 1-46) Document No. 2015003387 (Pages 1-34) Document No. 2015003388 (Pages 35-46) Indiana Avenue (Pages 47-59) Document No. 2015003389 Pages 47-49) Document No. 2009043601 (Pages 50-59) Rosa's 12-Inch Sanitary Sewer Easement (Pages 60-61) Document No. 2015.00 — Pages 61 United 10-Inch Sanitary Sewer Easement (Pages 62-63) Document No. 1950.01— Pages 63 University Avenue Easements [Pages 64-66) CITY OF LUBBOCK 48-INCH SANITARY SEWER EASEMENTS C Resolution No. 2015-R0008 l ilc: arlcl Return to l)avt° liooher R.0-W Ally oll Dibbock STATE OF TEXAS COUNTY OF LUBBOCK 2015003387 111111111111111111111111111111 "11111111111111111111111111 EASEMENT KNOW ALL MEN BY THESE PRESENTS, EASE 2015003387 25 PGS THAT W.D. VARDEMAN, a single man, RAYMOND DEAN VARDEMAN, joined pro forma by his wife, LACY ELISE VARDEMAN, WENDELL KEITH VARDEMAN, joined pro forma by his wife, LESLIE KAY VARDEMAN and HOLLY JOY VARDEMAN SCHELLHASE, joined pro forma by her husband, JAMES ALBERT SCHELLHASE, hereinafter referred to as "Grantor", whether one or more, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 131h Street, Lubbock, Texas 79401, the receipt and sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto Grantee the following described perpetual exclusive easement, servitude and right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon, across and within the lands, described in Exhibit A (hereinafter called the "Lands" or "Easement Lands") situated in Lubbock County, Texas. Pipelines and Equipment Grantor hereby grants to Grantee a perpetual exclusive Easement to install transmission lines and to survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test stations, pipeline markers, fence gates, impressed current deep well anode stations with power supplies, flow meters, system communication lines and splice boxes, pipeline trail road on non cultivated areas, and all other equipment and facilities related thereto, or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of water and/or waste water through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall be as described herein and on Exhibit A attached hereto and incorporated herein, and hereby made a part hereof by reference to describe the Easement and the Lands. Further, Grantor hereby grants unto Grantee a temporary construction easement (the "Temporary Easement") for the construction and installation of the Pipeline System through, over, under, upon, across and within the lands located adjacent to, and abutting, the Easement (the "Temporary Area") as more specifically described on Exhibit B as well as for all other purposes identified in 13 below. The Temporary Easement shall terminate and expire upon on January 31, 2016. For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, this Easement is specifically made by Grantor and accepted by Grantee subject to the following terms, covenants, obligations and conditions: 1. Grantee may use and occupy the Easement for the purpose of: (a) the right to perform Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and Final Easement & Temporary Easement Form 1314, e03 2015003387 along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (e) the right to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water/waste water transportation. 2. Grantee covenants and agrees that its use of the Easement and its operations conducted thereon shall, to the best of Grantee's ability, at all times comply with all applicable local, state and federal laws, orders, rules, regulations, standards, licensing, permitting and other legal requirements including, without limitation, all environmental laws, orders, rules, regulations, standards, licensing and permitting (the "Legal Requirements"). Grantee agrees to construct the Pipeline System in a prudent manner, in compliance with all Legal Requirements, and with due care for Grantor's property, business and operations. In the event it is discovered that Grantee is in violation of any portion of the Legal Requirements, Grantee agrees to commence, upon receipt of written notice of such violation, the process of curing such violation so that Grantee will be in compliance with this subparagraph. 3. The Easement granted herein shall be for the transportation of water and/or waste water, regardless of source, and shall continue in full force and effect unless Grantee should abandon the Pipeline System as identified herein. The rights granted to Grantee herein may be abandoned solely by a formal resolution of its governing body that authorizes the abandonment of the Pipeline System. Any such abandonment will not be effective until it is evidenced by notice in writing, signed by the Grantee's official representative, and filed of record in the county where the Lands are located. 4. The Easement Term is hereby defined as the period of time beginning with the granting of the Easement and continuing until such time that the Easement is abandoned by Grantee. 5. Unless Grantor agrees otherwise in writing, Grantee agrees that during Permitted Uses related to the Pipeline System, any and all trees, dirt, raw materials, timber, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall, at Grantee's option, be either burned on site, buried, or removed by Grantee from Grantor's property and disposed of properly. If such debris is burned on site, the Grantee shall have constant watch over burn piles with adequate fire fighting equipment on site. 6. Grantee shall keep the Easement in good order, condition and repair following any work related to Permitted Uses on the Pipeline System. 7. Grantee shall be responsible for obtaining all permits necessary to construct and operate the Pipeline System on the Easement. Without limiting the foregoing, and to the extent required, Grantee will secure and maintain any and all environmental permits required by the Texas Commission on Environmental Quality covering the Easement. Final Easement & Temporary Easement Form 2 2015003387 8. During construction of the Pipeline System, Grantee shall provide reasonable access to Grantor's property. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. 9. This grant of Easement shall not preclude the right of Grantor to cultivate, use, and enjoy the Lands for any purposes which will not constitute an interference with the Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's property at the sole discretion of the Grantee. 10. Grantee shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of abandonment of said Easement as provided in 3 above, the title and interest herein granted shall end, cease, and terminate, and title to the Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. 11. Grantor warrants and represents that the title to the Lands described herein are vested in the Grantor, free and clear of any liens and/or encumbrances. Grantor shall provide to Grantee an executed release from any lien holder, tenant, lessee, or other party having an interest in the Lands. 12. Grantor shall procure and have recorded without cost to Grantee all assurances of title and affidavits which the Grantor may be advised by Grantee are necessary and proper to show in Grantor title sufficient to grant they above easement free and clear of encumbrances other than those encumbrances expressly defined herein. Abstracts or certificates of title or title insurance may be procured by the Grantee at its expense. The expense of recording this Easement shall be borne by Grantor. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents needed. 13. Grantee shall have the right to use Grantor's property located immediately adjacent to the Easement and as described on Exhibit B attached hereto and incorporated herein as thought set forth verbatim for the following: A. detouring around natural impediments within the Easement; or B. the construction, maintenance, repair and removal of the Pipeline System within the Easement. 14. "Grantee" when used in this instrument, shall include The City of Lubbock's officers, agents, servants, employees, representatives, contractors, independent contractors, subcontractors, and/or their equipment or vehicles. 15. Words of any gender used in this agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Final Easement & Temporary Easement Form 2015003387 16. It is understood and agreed that this Easement is not a conveyance of the fee estate for any of the Lands covered hereunder, but is only an easement through, over, under, upon, across and within the Lands. 17. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 18. This Easement contains the final and complete expression of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Easement may be modified in writing only, signed by the parties in interest at the time of the modification. 19. In case any one or more of the provisions contained in this Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 20. Any notices or demands provided to be given herein by the parties shall be in writing and mailed by certified or registered mail to the other party at the address set forth above. Any notice or demand shall be deemed to have been received the earlier of five (5) days after the date of mailing or the date of actual delivery as shown by the addressee's certification or registry receipt. 21. Neither party shall be liable to the other party or any of such party's affiliates in any action or claim, including without any limitation, any action or claim for loss of profit, loss of product, loss of use, or for indirect, consequential, punitive, exemplary, special or other similar types of damages, regardless of how caused and regardless of the underlying theory of recovery, and even if caused by the sole or concurrent negligence of the responsible party. A. To the extent that Grantor owns any portion of any mineral estate, leasehold estate and/or royalty interest of any kind or character under the Lands defined herein, Grantor surrenders and releases its surface drilling rights and all other rights of surface use of the Easement and Lands incident to the production of oil, gas, hydrocarbons, minerals, wind energy, and water production subject to the following exception and limitation: i) Grantor reserves and excepts from this release and retains for itself, its successors and its successors -in -interest, all rights to explore for, to drill and produce oil, gas and other hydrocarbons underlying or situated beneath the Easement and Lands by any means whatsoever, including wells directionally drilled from surface location on nearby lands so long as no surface operations are performed on the Easement and so long as such operations will not interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. Final Easement & Temporary Easement Form 4 2015003387 ii) Grantor shall include the surface use restrictions and covenants provided herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind rights or interests and water rights or interests. 22. Grantee shall have the right to approve the location and means of future third -party pipelines which will cross Grantee's pipeline system and come within the Easement. Grantee will not withhold reasonable crossing requests, but will act in a manner to protect the Grantee's Pipeline System and Grantee's Easement. 23. All requirements and obligations of Grantor and Grantee relating to the Easement shall also apply in all respects to the property described in Exhibit B. 24. Nothing contained herein shall be construed as a waiver by Grantee of immunity of any kind or type, including without limitation, waiver of immunity from liability and immunity from suit, and Grantee shall retain all such immunities, except as may be otherwise waived pursuant to applicable laws of the United States or State of Texas. TO HAVE AND TO HOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the terms and conditions hereof. [ Signatures of the Parties on Next Page Final Easement & Temporary Easement Form 5 2015003387 EXECUTED this IL day of )iryv-2"t? �, , 2014 ("Effective Date"), GRANTOR: VARDEMAN GRANTEE: /. rZ 0 �f,, J, LACY I E VARDEMAN, pro forma 4TPST�LLTrE,KA� A EMAN, pro forma JAMES ALBERT SCHELLHASE, pro forma The City of Lubbock By: N e:Glen C. Robertson Title: Mayor ATTES't-'- L f' G Rebecca Garza, City Secretary Final Easement & Temporary Easement Form 2015003387 EXECUTED this day of NOVEMI3MK, , 2014 ("Effective Date"). GRANTOR: W.D. VARDEMAN RAYMAND DEAN VARDEMAN LACY ELISE VARDEMAN, pro forma WENDELL KEITH VARDEMAN LESLIE KAY VARDEMAN, pro forma IIO ARDEMAN SCHELLHASE JAMES ALBS SC ELLHASE, pro forma GRANTEE: The City of Lubbock By: Name: len C. Robertson Title: AT`I 10 S`I`: RebpcdaGarza, City.'Secretary Mayor Final Easement & Temporary Easement Form 6 2015003387 APPROVED AS TO CONTENT; d , IL—) THE STATE OF TEXAS COUNTY OF 'LI,(kVAJ-r- This instrument was jp"owledged \\\,u, 1 rr�r VARDEMAN. G\```��`Pgd lip 900 THE STATE OF TEXA_S § COUNTY OF / § before me on V. 2014, by W.D. Woft" Notary Publ>tiiri-�yafor the State of Texas My Commission Expires; This instrument was acknowledged before me on N 6 V • , 2014, by RAYMAND DEAN VARDEMAN and wife, LACY ELISE VARDEMAN. Notary Public nand r the State of Texas My Commission Expires; / a - /off - 1-7 Final Easement & Temporary Easement Form 7 2015003387 THE STATE OF TEXAS COUNTY OF� This instrument was acknowledged before me on Nvy . (`6 , 2014, by WENDELL KEITH VARDEMAN and wife, LESLIE KAY VARDEMAN. M (•/?. O n }� OF f9rf �� 1. E5 � •Fcatu.. THE STATE OF TEXAS COUNTY OF Notary Public i an for the State of Texas My Commission Expires: 1 )--- 0- - r% This instrument was acknowledged before me on �\A' 1� , 2014, by HOLLY JOY VARDEMAN SCHELLHASE and husband, JAMES ALBERT SCHELLHASE. 94� PUB 4rE OF ..Ex�..... � STATE OF TEXAS COUNTY OF LUBBOCK WA - Notary Public iVandr the State of Texas My Commissioes: This instrument was acknowledged before me on arat.Q - � , 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rul Corporation on behalf of said Texas Home Rule Corporation. IP, CELIA WEBB Notary Public, State of Texas My Commission Expires 03.01-2018 Nota ublic, State of 7' Printed Name of Notary My commission expires: 03- O!- 2.418 Final Easement & Temporary Easement Form 8 2015003387 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on 2014, by WENDELL KEITH VARDEMAN and wife, LESLIE KAY VARDEMAN. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF T(ft /;f § This instrument was acknowledged before me on ?7;*1'1j1,)(1e m 6Xr, 014, by HOLLY JOY VARDEMAN.SGAILLLHASE and husband, JAMES ALBERT SCHELLHASE. Not he in and for the State of Texas My Expires: 04'!'11'1- " STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on ! , 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rul orporation on behalf of CELIA WEBB Notary Public, State of Texas My Commission Expires 03.01-2018 Notary ublic, State of lee li � Webb Printed Name of Notary My commission expires: 03.0/•,20/$ Final Easement & Temporary Easement Form 8 2015003387 Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Form H Z-3)Wv V %ZACYLJ3S Vj Z-3AC078 iZAVLIO-W Lin cc Ln LL 9 a —f Lo�l5003387 � U Q Fir- U aQ3� z ¢Fc�A Lo �MQN QooN NW „ oz®00 z c 0 UC4 d 0 O 00 00 o a ° O 00 z 00 F4 N En o 0 z CM _f JvmMc4 00 O 00 h M v J z 00 2� O CA e4- ¢ [cl 0000 OVj 6/L `H UW/ -104 C p JVD a007B % ACVLJ3S ��Y3SV.7OV"O UaH 378MVA T U JID M�7B $ AGYLJ3S Z St76 Skl JB6I 'ml U T o0 z AVhf-�O-lAMW tU Hf 378D'kIDA O Z X v N w W T —goo co O V o¢� o r000 y v > u Omo0 0 Zu no w z Y 0 0 7 O V as ic�t o •C � O .O y �O y ,� U mz0U v�0 2015003387 SO 3 LUBBOC ER EXTE iON Parcel 8 - Permanent Easement PERIMETER SURVEY OF A 0.609 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.609 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of the North Half (N/2) of said Section 1, Block AK, described in Volume 4449, Page 347, Real Property Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found at the most Southerly Southeast corner of a right-of-way dedication described in County Clerk File Number (CCFN) 2009043601, Official Public Records, Lubbock County, Texas (OPRLCT), which bears S. 01°46'06" W. a distance of 90.00 feet and S. 88°02'16" E. a distance of 65.00 feet from a cross cut nail found at the Northwest corner of said Section 1, Block AK, for the most Southerly Northwest corner of this parcel; THENCE N. 46052'08" E. along said right-of-way dedication a distance of 42.36 feet to a 1/2" iron rod with cap found at the most Northerly Southeast corner of said right-of-way dedication, for the most Northerly Northwest corner of this parcel; THENCE S. 88002'l6" E. a distance of 838.99 feet to a 1/2" iron rod with cap set in the West line of a 106.669 acre tract described in CCFN 2014024569, OPRLCT, for the Northeast comer of this parcel; THENCE S. 01046'06" W. along the West line of said 106.669 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southeast corner of said parcel; THENCE N. 88002'16" W. a distance of 826.64 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 46052'08" W. a distance of 59.80 feet to a 1/2" iron rod with cap set for the Southwest of this parcel; THENCE N. 01 °46'06" E. a distance of 42.35 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 21, 2014 '0 C ' 0m, E. Allen Registered Professional Land Surveyor No. 5895 State of Texas rAo' � 1S Tg N JOHN E. ALLEN ��o Sheet 2 of 1—Ft HUGO REEL AND ASSOCIATES, INC LAND SURVEYORS 1601 AVENUE CIVIL ENGINEERS LUBBOCK, TEXAS 7940 TEXAS LICENSED SURVEYING FIRM 100676M PHONE: 806 / 763-564 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-389 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Cc for GF # and any other identifiers as indicated in the certificate shown hereo. 3M I IS8 P7 L2&l5003387 ,y 7738,46,v9 O LO a a��a' c� z Z z_ W m O z O CL o0 z 00 z c N J C P y O o o ON M O 0 c M rn M CD c J 695•$ZOfi/G67,W-V7 077 '1N3{V3d073A30585•/ S3,YOV 699 90/ C14ElU z (s `s Eli o W Z Z c t s t Q -� VacC wrn(Dt UJi o4 Z H E;WS8 = s Ntuz LL a�3�z F'N � ° = 00 m= �$ ]a o F�Q5: �azo3 zJ�="0¢ �Z c a z�~�O Q oz �QQNa H U a Q�>Z_ E u W 0 >OOWrF�i 1"0 u &i<k. Lc. (n VI y L 'za, �y OC v c Hx4000 z Qs mww� N� a C7 o � c� b G N 0 3 y l T 0.O` - O T �. a T w 0 d >% v C � E D r N O U G C U G t 5- C Cp y N O N d O « 4. T% O •i7^ C N z Z c =w E 7 O L C O C z .. o a•v N QO �� z00 ? Oti�w� y� E 0 44� Cl) U N � x O U O o O ^ w U ^, T 00 � o v 00 (—MNO �� o sL1N Z O � = c 00 O U. U N = p O" z �. V ep con Alu 0 N y C. T X [- cUcc 8 T Ld cn'` N b m z 6U V')0 ° � 2015003387 SO A LUBBOC ER EXTL AON Parcel 10 - Permanent Easement PERIMETER SURVEY OF A 2.201 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 2.201 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of the North Half (N/2) of said Section 1, Block AK, described in Volume 4449, Page 347, Real Property Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the East line of a 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), which bears S. 01°46'06" W. a distance of 90.00 feet and S. 88'02' 16" E. a distance of 2090.45 feet from a cross cut nail found at the Northwest corner of said Section 1, Block AK, for the Southwest corner of this parcel; THENCE N. 01046'06" E. along the East line of said 106.669 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this parcel; THENCE S. 88002' 16" E. a distance of 3196.42 feet to a mag nail with shiner set in the East line of said N/2, being the East line of said Section 1, Block AK, and the West line of Section 16, Block E, Lubbock County, Texas, and in the West line of a 3.038 acre tract described in Volume 10271, Page 82, OPRLCT, which bears S. 01°51'22" W. a distance of 60.00 feet from a railroad spike found for the Northeast corner of said Section 1, Block AK, for the Northeast corner of this parcel; THENCE S. 01051'22" W. along the East line of said N/2 and along the common line of said Section 1, Block AK, and said Section 16, Block E, and along the West line line of said 3.038 acre tract a distance of 30.00 feet to a mag nail with shiner set for the Southeast corner of this parcel; THENCE N. 88002' 16" W. a distance of 3196.38 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 6, 2014 l'o, 1, DO— E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OF _p6;' CIO JOHN E. ALLEN � -4 5895 7�, /�'��Q Eess"o � rO� Sheet 2 of HUGO REEL AND ASSOCIATES, INC LAND SURVEYORS 1601 AVENUE . CIVIL ENGINEERS LUBBOCK, TEXAS 7940 TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-564 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-389 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Cc for GF # and any other identifiers as indicated in the certificate shown hereo 2015003387 Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Easement Form 10 SCALE : 1 "=200' 2.690 ACRES STRIPES, L L C CCF#2012009889 SO, d LUBBOC_2015003387 . ER EXTb_ .,ION Parcel 8-A - Temporary Easement PERIMETER SURVEY OF A 0.900 ACRE TRACT LOCATED IN SECTION I. BLOCK AK LUBBOCK COUNTY, TEXAS II l t -- 40'STATE a<- TEXAS Ar6HWq ACW SEC7XWpz [lCIOYE-F 1'iz 48E Fl; 40 40 STATE t -TEXAS F4rY/IYAYEASEAIFNT I M- 487 FG. 4/ 320.20 ACRES FPINVESTORS , L L C CCF#2007044643 POINT OF BEGINNING 13.156 ACRES UNITED SUPERMARKETS, L L C CLr<#2013008318 SEc7X.YV21 e1at7r'P F.M. 1585 4o'sTATEci�TEMSm&wq ASEA�NT SECT /, BC_: 1 "- 487, 130th STREET w w-ATEg1TE,YASII& yAyEASFME'NT IKY. 4AD, PG.701 RGY1T-Q�-WAY ..wa7o.9oa3sni LS O 20.027A07E REMAINDER CF THE N12 OF SECT/ON /, & oa( AK VARDEMAN VOL. 4449, PG. 347 Line Table Line # Length Direction Ll 423.97' N011 46' 06"E L2 200.25' N04° 37' 50"E L3 177.65' N01° 46' 06"E 14 59.80' N46° 52' 08"E L5 826.64' S88° 02' 16"E L6 20.00' SO1 ° 46' 06"W L7 804.29' N880 02' 16"W L8 63.12' S46" 52' 08"W L9 779.29' SOl ° 46' 06"W L10 30.00' N88° 02' 16"W v J � Q cbJ(`j 00� T 106.669 ACRES Note: No abstract of title or title commitment was provided to this /585 DEIELO°EMENT, L L C surveyor. Record research done by this surveyor was made only for I CO"W2014024569 the purpose of determining the boundary of this property and of the I adjoining parcels. Recorded or unrecorded documents other than k those shown on this survey may exist and encumber this property. Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002488 Surveyed on the ground. October 21, 2014 J e.Allen Registered Professional Land Surveyor No. 5895 State of Texas rAV OF 1STP,�Ad��l t/1 'CIS JOHN E. ALLEN ))r` �5895Q',�� NOTES: HEAVY LINES INDICATE PLAT LIMITS. o- FOUND CROSS CUT NAIL O- FOUND 1/2" IRON ROD WITH CAP O- SET 1/2" IRON ROD WITH CAP •- SET MAG NAIL WITH SHINER A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of I -Ft HUGO REEL AND ASSOCIATES, INC LAND SURVEYORS 1601 AVENUE t CIVIL ENGINEERS LUBBOCK. TEXAS 7940 TEWS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-564: TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-389 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co for GF # and any other identifiers as indicated in the certificate shown hereor 2015003387 SOS 1 LUBBOCK R EXTE. .ON Parcel 8-A - Temporary Easement PERIMETER SURVEY OF A 0.900 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.900 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of the North Half (N/2) of said Section 1, Block AK, described in Volume 4449, Page 347, Real Property Records, Lubbock County, Texas, being further described as follows: BEGINNING at 1/2" iron rod with cap set in the North line of a 106.669 acre tract described in County Clerk File Number (CCFN) 214024569, Official Public Records, Lubbock County, Texas (OPRLCT), which bears S. 88°02'16" E. a distance of 55.00 feet and S. 01°46'06" W. a distance of 934.00 feet from a cross cut nail found at the Northwest corner of said Section 1, Block AK, for the Southwest corner of this parcel-, THENCE N. 01046'06" E. a distance of 423.97 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE N. 04037'50" E. a distance of 200.25 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE N. 01046'06" E. a distance of 177.65 feet to a 1/2" iron rod with cap set for the most Southerly Northwest corner of this parcel; THENCE N. 46052'08" E. a distance of 59.80 feet to a 1/2" iron rod with cap set for the most Northerly Northwest corner of this parcel; THENCE S. 88002'16" E. a distance of 826.64 feet to a 1/2" iron rod with cap set in the West line of said 106.669 acre tract, for the Northeast corner of this parcel; THENCE S. 01 046'06" W. along the West line of said 106.669 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap set for the most Northerly Southeast corner of this parcel; THENCE N. 88002'l6" W. a distance of 804.29 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 46"52'08" W. a distance of 63.12 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 01 °46'06" W. a distance of 779.29 feet to a 1/2" iron rod with cap set in the North line of said 106.669 acre tract for a corner of this parcel; THENCE N. 88002'16" W. along the North line of said 106.669 acre tract a distance of 30.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 21, 2014 ROD"-C- NL_ JW E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OF Qal S T�� JO4H'N E. ALLEN .e 5895 tir '1(5 epwss'L \ 'U'� �yYl Sheet 2 of 2 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM IOD676OD PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. 2015003387 W W �� J VN W=4' N W O 3nN3AV VNVIUNI ZZACYL.i3S 0 .::�41QCN J a U qqq�Q� � 0 z z Z W m Ll- 0 Z d 3 o 0 o o 4) o 0 0 0 N 0 00 00 00 00 z o U C� o� o o� o 00 00 y O fn O J J 00 CA 00 N lk J F � U aa3H a za3 Q YZO QUOo4 zuiaz o_ o w U �� aQQN z -- >oo'w Nw00 ox00o z ¢s Zorn U ��rnch WW - wV)(DID LL W Z; o Cx Q mOW� U OZ moLL. 2 00�/� co J C9U Q I Q_ O�=Z ww w >Z�p EON DZZLO= �w`� .Ly d E y O O' ! N u U y 0 3 T L C T O L E 3�b�z y N O N . N ,,max « N p U p YN��o 440- « 'O O'v C L u aopi 0 0 o e a p O N C p« 0 z Es E E c 2 o 18 zl.5 0 n.v a) w ?yam 00 rn j3y F+ rA .a ¢ O N 0 i E ��'r z��w O 440� Ln o X Jff-W3SV'70VOM&la*37GMVA "oLopAVM- v-LMWH.La1L 37umvAco r?mu-?:n 00 i.: O v C �rn �M[ 00 CO V1 y C LE L.L. Op N ur O N « N a ° X LS' y 00U C N a 3 w g @(i yVN4 l� C� p Lc)J N mZ0U Vl0 lal m 12015003387 SO. .J LUBBOC_i 1 ER EXTE. .,ION Parcel 8-13 - Temporary Easement PERIMETER SURVEY OF A 0.385 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.385 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of the North Half (N/2) of said Section 1, Block AK, described in Volume 4449, Page 347, Real Property Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found in the South line of a 40.00 foot State of Texas highway easement described in Volume 490, Page 701, Deed Records, Lubbock County, Texas, and at the Northeast corner of a right-of-way dedication described in County Clerk File Number (CCFN) 2009043601, Official Public Records, Lubbock County, Texas (OPRLCT), which bears S. 01 °46'06" W. a distance of 40.00 feet and S. 88'02' 16" E. a distance of 95.00 feet from a cross cut nail found at the Northwest corner of said Section 1, Block AK, for the Northwest corner of this parcel; THENCE S. 88002'16" E. along the South line of said State of Texas highway easement a distance of 838.99 feet to a 1/2" iron rod with cap found in the West line of a 106.669 acre tract described in CCFN 2014024569, OPRLCT, for the Northeast corner of this parcel; THENCE S. 01046'06" W. along the West line of said 106.669 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap set for the Southeast corner of this parcel; THENCE N. 88002'16" W. a distance of 838.99 feet to a 1/2" iron rod with cap found at the most Northerly Southeast corner of said right-of-way dedication, for the Southwest corner of this parcel; THENCE N. 01046'06" E. along the East line of said right-of-way dedication a distance of 20.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 6, 2014 LXE 6. au, E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OFT� ��+�GISTB��'�Q! JOHN E. ALLEN �r .e 5895 Q; Y. `�'IIOAESST(s7 Sheet 2 of 2 IARHUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM IWS? W PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates. Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. A z O d W O� � d ►� F� x a. Z pq Z U O > O OD Ia P4U� a Ew w V� Lil U W a 2015003387 N z Z Z-;" - o Z� r max WOE xQw " y w� TZ69 70A ¢ z Vof -, w7733(7b9 OQ o a A Z I 3 AO O76 9/ AUL979 jo 6/MN 3 x N 1 .WJICb� .9 ¢z03 O ¢ .-a. = Q ¢ e yMd jAANQ Q�zwZ T. IR Q� >OOWI'rl o`"n3 �Qu u cncn o �'(99 , L R .F� I-S000� Q� (/)Wza `" R V U LL o� U c 1 1 z `z z U W m ll O z CL ` o N � o o 00 CD z z o J rn y J M a M O o o N M rn M O 0 o N J 69Si+Z06/GL�#3l7 977 1N3W3bV73A30 565/ 93bOV 699 1 w M a ¢ w a En E � O 4¢ ON CO _ O O b� o00 N O O �oO�O r ¢ 4 � z O O C = In r 0000 CO y U G (y t0 W) ti O V U � to O N o C O N 0. X 00U u c o v :: � ` o mZAU V,COO) 0 0 n -12015003387 1 SO,- A LUBBOC_ ER EXTE. .iON Parcel 10-A - Temporary Easement PERIMETER SURVEY OF A 1.468 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.468 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of the North Half (N/2) of said Section 1, Block AK, described in Volume 4449, Page 347, Real Property Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the East line of a 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), which bears S. 01°46'06" W. a distance of 90.00 feet and S. 88°02' 16" E. a distance of 2090.45 feet from a cross cut nail found at the Northwest corner of said Section 1, Block AK, for the Northwest corner of this parcel; THENCE S. 88002' 16" E. a distance of 3196.38 feet to a mag nail with shiner set in the East line of said N/2, being the East line of said Section 1, Block AK, and the West line of Section 16, Block E, Lubbock County, Texas, and in the West line of a 3.038 acre tract described in Volume 10271, Page 82, OPRLCT, which bears S. 01 °51'22" W. a distance of 90.00 feet from a railroad spike found for the Northeast corner of said Section 1, Block AK, for the Northeast corner of this parcel; THENCE S. 01051'22" W. along the East line of said N/2 and along the common line of said Section 1, Block AK, and said Section 16, Block E, and along the West line line of said 3.038 acre tract a distance of 20.00 feet to a mag nail with shiner set for the Southeast corner of this parcel; THENCE N. 88002'16" W. a distance of 3196.35 feet to a 1/2" iron rod with cap set in the East line of said 106.669 acre tract, for the Southwest corner of this parcel; THENCE N. 01046'06" E. along the East line of said 106.669 acre tract a distance of 20.00 feet to the Point of Beginning Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 6, 2014 'L t , N- E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OF p � ST T'rye JOHN E. ALLEN T 5895 v x Sheet 2 of 2 1p+:2 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 10067&W PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for OF # and any other identifiers as indicated in the certificate shown hereon. o U W h Q Qj^S H E-� coo �vOJ W� 1.4 H - �/ W H M ai -0 1 v)mwz .0 U u-> C �aC4U �D a a o W Cn �I U)Qla Nrt J Z_ m W Z Z t� W m lL O Z �Q- 0 Q W 2015003387 W�"- .1 o Z D,�� Winn HJ� W 0 Q 65 `�d "1Z69 '7'Jii F. �QW y Q Kn8 �UuiiC Z gu 773B.f2/b'9 z wY3pFx.,� w 7 � a 0 o �a o 3 J/J079 9/ NO/1 �3S 6/MNco t a b'I 3 s+i 9 JwJlao79 Q0a UQz03 -.� 075 ((� V Q Rg W /Alllll 5 AQ-0 -j za�O¢ _ ❑ __1 W�^E'U CIS a .0 Eo Z ��LL� Ue bI z Q appN U U . o d " UW O�zZ ulO �Zjo 9 Ou; a.. 0• >"WW is -" >wW LLI S2 Oa .a U 400 o W Nx , z o"� OF a 0 IR yRx� V CO N N U N O V� N N CD m O 00 O 00 0 00 o 0 00 z z J C� C J M M N N S N N N N O V V1 M O O O N aD ; J 695Y 00*/0L74vo,09 077 1N3W3 o73i130 58S/ 93WV 699 90/ oo O (A 00 h O 44 �n O N .U. lV C U O a o U T o0 ozor .N o axi F'�No Q � .. o D C vi 0,Z N 00 C W, wz V] O C N C O O �- CoO N cy C .b •O Ld. C� ❑A W tiN o A� °E U.D Zo coc°' mzo� C6o~�N SO. rI LUBBOC 120150033871/ER EXTE, .LION Parcel 10-B - Temporary Easement PERIMETER SURVEY OF A 1.377 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.377 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of the North Half (N/2) of said Section 1, Block AK, described in Volume 4449, Page 347, Real Property Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found in the East line of a 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), and in the South line of a 40.00 foot State of Texas highway easement described in Volume 490, Page 701, Deed Records, Lubbock County, Texas (DRLCT), which bears S. 01 °46'06" W. a distance of 40.00 feet and S. 88'02' 16" E. a distance of 2090.45 feet from a cross cut nail found at the Northwest corner of said Section 1, Block AK, for the Northwest corner of this parcel; THENCE S. 88002'16" E. along the South line of said 40.00 foot highway easement a distance of 2732.39 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 85014'22" E. continuing along the South line of said 40.00 foot highway easement a distance of 200.25 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 88002' 16" E. continuing along the South line of said 40.00 foot highway easement a distance of 221.45 feet to a 1/2" iron rod with cap set at a point of curvature, for a corner of this parcel; THENCE Southeasterly, continuing along the South line of said 40.00 foot highway easement, along a curve to the left, having a radius of 2914.93 feet, a chord bearing of S. 88°46'22" E. and a chord distance of 2.62 feet to a 1/2" iron rod with cap set at a point of intersection in the West line of an 80.00 foot road easement described in Volume 532, Page 132, DRLCT, for the Northeast corner of this parcel; THENCE S. 01051'22" W. along the West line of said 80.00 foot road easement a distance of 10.26 feet to a 1/2" iron rod with cap set for the Southeast corner of this parcel; THENCE N. 88002'16" W. a distance of 3156.42 feet to a 1/2" iron rod with cap set in the East line of said 106.669 acre tract, for the Southwest corner of this parcel; THENCE N. 01 046'06" E. along the East line of said 106.669 acre tract a distance of 20.00 feet to the Point of Beginning Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 6, 2014 J E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OF 'tea Tg'Qc4�,�. 1 JOHN E. ALLEN Sheet 2 of 2 IARHUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TI 7XAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF p and any other identifiers as indicated in the certificate shown hereon. 2015003387 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Oe Kelly Pinion, County Clerk Lubbock County TEXAS February 04, 2015 0AM FEE:$118.00 2015003387 2015003388 f�IIII�I�IIIII�I�iIIIIlIiIil�"��'I��I�IIIIIIIIIII�III�I�II EASE 2015003388 19 PGS Resolution No. 2015-R0010 1 Ilc: an:a ltL:tllrr1 �.`N EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, COUNTY OF LUBBOCK § THAT 1585 DEVELOPMENT, LLC, a Texas limited liability company, hereinafter referred to as "Grantor", whether one or more, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13th Street, Lubbock, Texas 79401, the receipt and sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto Grantee the following described perpetual exclusive easement, servitude and right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon, across and within the lands, described in Exhibit A (hereinafter called the "Lands" or "Easement Lands") situated in Lubbock County, Texas. Pipelines and Equipment Grantor hereby grants to Grantee a perpetual exclusive Easement to install transmission lines and to survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test stations, pipeline markers, fence gates, impressed current deep well anode stations with power supplies, flow meters, system communication lines and splice boxes, pipeline trail road on non cultivated areas, and all other equipment and facilities related thereto, or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of water and/or waste water through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall be as described herein and on Exhibit A attached hereto and incorporated herein, and hereby made a part hereof by reference to describe the Easement and the Lands.' Further, Grantor hereby grants unto Grantee a temporary construction easement (the "Temporary Easement") for the construction and installation of the Pipeline System through, over, under, upon, across and within the lands located adjacent to, and abutting, the Easement (the "Temporary Easement Area") as more specifically described on Exhibit B as well as for all other purposes identified in 13 below. The Temporary Easement shall terminate and expire upon on January 31, 2016. For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, this Easement is specifically made by Grantor and accepted by Grantee subject to the following terms, covenants, obligations and conditions: 1. Grantee may use and occupy the Easement for the purpose of. (a) the right to perform Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (c) the right Final Easement & Temporary Easement Form 12q�i. oo4 2015003388 to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water/waste water transportation. 2. Grantee covenants and agrees that its use of the Easement and its operations conducted thereon shall, to the best of Grantee's ability, at all times comply with all applicable local, state and federal laws, order's; rules, regulations, standards, licensing, permitting and other legal requirements including, without limitation, all environmental laws, orders, rules, regulations, standards, licensing and permitting (the "Legal Requirements"). Grantee agrees to construct the Pipeline System in a prudent manner, in compliance with all Legal Requirements, and with due care for Grantor's property, business and operations. In the event it is discovered that Grantee is in violation of any portion of the Legal Requirements, Grantee agrees to commence, upon receipt of written notice of such violation, the process of curing such violation so that Grantee will be in compliance with this subparagraph. 3. The Easement granted herein shall be for the transportation, of water and/or waste water, regardless of source, and shall continue in full force and effect unless Grantee should abandon the Pipeline System as identified herein. The rights granted to Grantee herein may be abandoned solely by a formal resolution of its governing body that authorizes the abandonment of the Pipeline System. Any such abandonment will not be effective until it is evidenced by notice in writing, signed by the Grantee's official representative, and filed of record in the county where the Lands are located. 4. The Easement Term is hereby defined as the period of time beginning with the granting of the Easement and continuing until such time that the Easement is abandoned by Grantee. 5. Unless Grantor agrees otherwise in writing, Grantee agrees that during Permitted Uses related to the Pipeline System, any and all trees, dirt, raw materials, timber, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall, at Grantee's option, be either burned on site, buried, or removed by Grantee from Grantor's property and disposed of properly. If such debris is burned on site, the Grantee shall have constant watch over burn piles with adequate fire fighting equipment on site. 6. Grantee shall keep the Easement in good order, condition and repair following any work related to Permitted Uses on the Pipeline System. 7. Grantee shall be responsible for obtaining all permits necessary to construct and operate the Pipeline System on the Easement. Without limiting the foregoing, and to the extent required, Grantee will secure and maintain any and all environmental permits required by the Texas Commission on Environmental Quality covering the Easement. Final Easement & Temporary Easement Forth 2 2015003388 8. During construction of the Pipeline System, Grantee shall provide reasonable access to Grantor's property. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. 9. This grant of Easement shall not preclude the right of Grantor to cultivate, use, and enjoy the Lands for any purposes which will not constitute an interference with the Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's property at the sole discretion of the Grantee. 10. Grantee shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of abandonment of said Easement as provided in 3 above, the title and interest herein granted shall end, cease, and terminate, and title to the Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. 11. Grantor warrants and represents that the title to the Lands described herein are vested in the Grantor, free and clear of any liens and/or encumbrances. Grantor shall provide to Grantee an executed release from any lien holder, tenant, lessee, or other party having an interest in the Lands. 12. Grantor shall procure and have recorded without cost to Grantee all assurances of title and affidavits which the Grantor may be advised by Grantee are necessary and proper to show in Grantor title sufficient to grant the above easement free and clear of encumbrances other than those encumbrances expressly defined herein. Abstracts or certificates of title or title insurance may be procured by the Grantee at its expense. The expense of recording this Easement shall be borne by Grantor. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents needed. 13. Grantee shall have the right to use Grantor's property located immediately adjacent to the Easement and as described on Exhibit B attached hereto and incorporated herein as thought set forth verbatim for the following: A. detouring around natural impediments within the Easement; or B. the construction, maintenance, repair and removal of the Pipeline System within the Easement. 14. "Grantee" when used in this instrument, shall include The City of Lubbock's officers, agents, servants, employees, representatives, contractors, independent contractors, subcontractors, and/or their equipment or vehicles. 15. Words of any gender used in this agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Final Easement & Temporary Easement Form 3 2015003388 16. It is understood and agreed that this Easement is not a conveyance of the fee estate for any of the Lands covered hereunder, but is only an easement through, over, under, upon, across and within the Lands. 17. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 18. This Easement contains the final and complete expression of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Easement may be modified in writing only, signed by the parties in interest at the time of the modification. 19. In case any one or more of the provisions contained in this Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 20. Any notices or demands provided to be given herein by the parties shall be in writing and mailed by certified or registered mail to the other party at the address set forth above. Any notice or demand shall be deemed to have been received the earlier of five (5) days after the date of mailing or the date of actual delivery as shown by the addressee's certification or registry receipt. 21. Neither party shall be liable to the other party or any of such party's affiliates in any action or claim, including without any limitation, any action or claim for loss of profit, loss of product, loss of use, or for indirect, consequential, punitive, exemplary, special or other similar types of damages, regardless of how caused and regardless of the underlying theory of recovery, and even if caused by the sole or concurrent negligence of the responsible party. A. To the extent that Grantor owns any portion of any mineral estate, leasehold estate and/or royalty interest of any kind or character under the Lands defined herein, Grantor surrenders and releases its surface drilling rights and all other rights of surface use of the Easement and Lands incident to the production of oil, gas, hydrocarbons, minerals, wind energy, and water production subject to the following exception and limitation: i) Grantor reserves and excepts from this release and retains for itself, its successors and its successors -in -interest, all rights to explore for, to drill and produce oil, gas and other hydrocarbons underlying or situated beneath the Easement and Lands by any means whatsoever, including wells directionally drilled from surface location on nearby lands so long as no surface operations are performed on the Easement and so long as such operations will not interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. Final Easement & Temporary Easement Form 4 2015003388 ii) Grantor shall include the surface use restrictions and covenants provided herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind rights or interests and water rights or interests. 22. Grantee shall have the right to approve the location and means of future third -party pipelines which will cross Grantee's pipeline system and come within the Easement. Grantee will not withhold reasonable crossing requests, but will act in a manner to protect the Grantee's Pipeline System and Grantee's Easement. 23. All requirements and obligations of Grantor and Grantee relating to the Easement shall also apply in all respects to the property described in Exhibit B. 24. Nothing contained herein shall be construed as a waiver by Grantee of immunity of any kind or type, including without limitation, waiver of immunity from liability and immunity from suit, and Grantee shall retain all such immunities, except as may be otherwise waived pursuant to applicable laws of the United States or State of Texas. TO HAVE AND TO HOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the terms and conditions hereof. [ Signatures of the Parties on Next Page Final Easement & Temporary Easement Form 5 2015003388 EXECUTED this day of p.yVr-n lz2,Q k-- , 2014 ("Effective Date"). GRANTOR: 1585 DEVELOPMENT, LLC, a Texas limited liability company By: Thoma3Payne, GRANTEE: The City of Lubbock By: Name: GI n eertson Title: flavor ATTEST: Rebec _ Garza, City Secret APPROVED AS TQ CONTENT: -d. L��d j� APPROVED Ryan Final Easement & Temporary Easement Form 2015003388 THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me onNpvrMh f-- 2014, by Thomas Payne, Manager of 1585 DEVELOPMENT LLC, a Texas limited liability company, on its behalf. WHITNEY CRUMP Notary Public, State of Texas Notary Public in and for t e State of exas °;,F • ,�+�,. My Commission Expires °t March 08, 2016 My Commission Expires: lr-"�� g, a STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on -c 9 , 2014, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule rporation on behalf of said Texas Home Rule Corporation. �o �RYN(b," CELIA WEBB Notary Pai}lic, State o1 Texas OMy Commission Expires 03 Ot 2018 Final Easement & Temporary Easement Form Notar1i tblic, State of T��c- n1_3 ce L w Printed Name of Notary My commission expires: 0 3- C) l • ap 18 2015003388 THE STATE OF TEXAS THE COUNTY OF LUBBOCK That HAPPY STATE BANK duly organized and existing under the laws of the State of Texas, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) paid in cash, and for other good and valuable consideration, the receipt of which is hereby acknowledged and confessed, being a lien holder on the property described herein, does hereby consent and agree to the foregoing Easement and does hereby subordinate its rights in the above described property to the above dedication, as shown on the attached plat. IN WITNESS WHEREOF, the said HAPPY STATE BANK has caused these presents to be signed by its duly authored officer at Lubbock, Lubbock County, Texas, on , 2014. HAPPY STATE BANK By: Printed Name: Title:iC�10�1 Final Easement & Temporary Easement Form 2015003388 Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Temporary Easement Form V Q z w o Q W O E X Q W � �+ N W Wcts O p r-i U .< p. Q `.� � �L' �u O o o a �w W W O � x w a U 2015003388 LbF *9d 6bbb -70A NWV30MA ) )DO76 7 AIOI1O-:N -to --IN 3HL .: 10 }130NIV1,UJ o `O o o o } Io o It o o o N 00 0 z z r a o o M C J J LbF '-'V 6bbb ' 0A NVO30WA alb')DO 79 % MOIL 339AoZ✓N3H1_3V Y30NIM3Y 360V 2Z0o.7 ZoN;, Z zgg� W��- ul W �' Q Q �YWQ U Z 0 maoLL = 00 N D o I a ��NyLLwW OLL=Z WRI =)ZNI-" V)ww C>J�¢ O w� ¢ w 0 z O oQw 44 vN 00 G 'O 0. O W N O N U T o0 E M(no 00 O z G 00 O o"U C p O (L �N to y O o N G 41 oGo U c G i... Ir] Y to o N mzo0 �o ' �- GO SO% I LUBBOCJ 2015003388 ER EXTE. ON Parcel 9 - Permanent Easement PERIMETER SURVEY OF A 0.796 ACRE TRACT LOCATED IN SECTION I. BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.796 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the East line of said 106.669 acre tract which bears S. 01°46'06" W. a distance of 90.00 feet and S. 88°02'16" E. a distance of 2090.45 feet from a cross cut nail found at the Northwest corner of said Section 1, Block AK, for the Southeast corner of this parcel; THENCE N. 88002'16" W. a distance of 1156.45 feet to a 1/2" iron rod with cap set in the West line of said 106.669 acre tract, for the Southwest corner of this parcel; THENCE N. 01046'06" E. along the West line of said 106.669 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northwest of this parcel; THENCE S. 88002'16" E. a distance of 1156.45 feet to a 1/2" iron rod with cap set in the East line of said 106.669 acre tract, for the Northeast corner of this parcel; THENCE S. 01046'06" W. along the East line of said 106.669 acre tract a distance of 30.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 6, 2014 r�,V, �,IL E. Allen Registered Professional Land Surveyor No. 5895 State of Texas p � OF Tg S � d JOHN E. ALLEN (I1\Cmac/9`�/J�' �QQ, S /(J\/ Sheet 2 of 2 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 10067600 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. 2015003388 Exhibit B Legal Description of the Temporary Easement Final Easement & Temporary Easement Form to 2015003388 SO .3 LUBBOC ER EXTE. LON Parcel 6-A - Temporary Easement PERIMETER SURVEY OF A 1.176 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COtJNTY, TEXAS SCALE: 1 -300' D� Iz 20 027 AQ4E REMA/NDER OF THE z Q N12 OF SECT101V /, BL OCK AA' VARDEMAN IL 1 VOL. 4449, PG. 347 POINT OF BEGINNING,! I � I \ I \ _ v J Lll=h a a Q�N I4PEL L (gyp LLJ'' L44Qj I ��I Line Table Line # Length Direction L1 30.00' S880 02' 16"E L2 1707.41' SO1 ° 46' 06"W L3 30.00' N880 07' 10"W L4 1707.45' NO ° 46' 06"E Note: No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was made IRRIGATION STAND PPE only for the purpose of determining the boundary of this property and of the adjoining parcels. Recorded or unrecorded I documents other than those shown on this survey may exist and encumber this property. /IB. 7ACRES FORD DEVELOPMENT CORPORA71CW C"20/205/5/4 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002488 Surveyed on the ground. October 6, 2014 C,L 6- O.� J . Allen Registered Professional Land Surveyor No. 5895 State of Texas H .lfG J D✓A ALFORD FARM, L L C CCF V2013046960 S JOHN E. ALLEN 5895 �901'BSSIO�G'�� NOTES: HEAVY LINES INDICATE PLAT LIMITS. o- FOUND 1/2" SQUARE TUBE O- FOUND 1/2" IRON ROD WITH CAP o- SET 1/2" IRON ROD WITH CAP •- SET MAG NAIL WITH SHINER A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2 IARHUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 100676-M PHONE. 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F•760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for OF N and any other identifiers as indicated in the certificate shown hereon. 2015003388 SO d LUBBOCK R EXTE_ tON Parcel 6-A - Temporary Easement PERIMETER SURVEY OF A 1.176 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.176 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the North line of said 106.669 acre tract which bears S. 88'02'16" E. a distance of 55.00 feet and S. 01°46'06" W. a distance of 934.00 feet from a cross cut nail found at the Northwest corner of Section 1, Block AK, for the Northwest comer of this parcel; THENCE S. 88002'16" E. along the North line of said 106.669 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 01046'06" W. a distance of 1707.41 feet to a 1/2" iron rod with cap set in the South line of said 106.669 acre tract and in the North line of a 160 acre tract described in CCFN 2013046960, OPRLCT, for the Southeast corner of this parcel; THENCE N. 88007'10" W. along the common line of said 106.669 acre tract and said 160 acre tract, a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 01 046'06" E. a distance of 1707.45 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 6, 2014 �. t .ote, J E. Allen Registered Professional Land Surveyor No. 5895 State of Texas r4fl�;" OFb1 JOHN E. ALLEN r .0 5895 ti !Y ° ssie-'G a Sheet 2 of 2 1ARHUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon. 3nN3Ad 1M33 2015003388 c� z z z w m 0 I- z 0 a- ,Zkg' '.`.ld 101Pb '70A 1WW30YVA )0079 7 AVII 03S 30 &N 3H1 -40 b'30NIM7Y N 0 0 0 00000 z o 0 z 0000 Lo r O O J N J 23£ ' d 65N* '70^ NVY'V3L76VA �Ib )0079 7 NO/1,93S.o Z✓N 3H1 Y30N/V'W3& 3w LZO OZ N 0 �Z IZ;Ii d d u F Z W — N Z^ ;N^^ F ON oi G Q O N N W W a D CC u U max¢ b Q m co LU x ^� o V m = fw-0ca 3 Ca 00 _j uS N S.) zo ( Q $ zl�x o, z 2� W N CG L E T ,Z/ + `� LL (n z y c zAN No A Lwow OW =_ v �.� ., N z- b� ¢oN �W Z 0t; z o w T CoZN 3, O OJQ wx 51. v. U cOa O N o 7o a , 0 oi: 0 U j,00 �o o00 E-v(n c 00 o �Avio sz�� o00 7 _!d ° y ° N N LD \• ° O 7 w m z A U Vn O ° J in 12015003388 SO H LUBBOCi/ER EXTL ,ION Parcel 9-A - Temporary Easement PERIMETER SURVEY OF A 0.531 ACRE TRACT LOCATED IN SECTION I, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.531 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the East line of said 106.669 acre tract which bears S. 01 °46'06" W. a distance of 90.00 feet and S. 88'02' 16" E. a distance of 2090.45 feet from a cross cut nail found at the Northwest corner of said Section 1, Block AK, for the Northeast corner of this parcel; THENCE S. 01046'06" W. along the East line of said 106.669 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap set for the Southeast of this parcel; THENCE N. 88002'16" W. a distance of 1156.45 feet to a 1/2" iron rod with cap set in the West line of said 106.669 acre tract, for the Southwest corner of this parcel; THENCE N. 01 046'06" E. along the West line of said 106.669 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this parcel; THENCE S. 88002' 16" E. a distance of 1156.45 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 6, 2014 �00' L Nl_ J4 E. Allen Registered Professional Land Surveyor No. 5895 State of Texas OF 1 S Tk�A `y ! co tl� JOHN E. ALLEN 5895 s,, QQQ Sheet 2 of: 1.7Fj HUGO REEL AND ASSOCIATES, INC LAND SURVEYORS 1601 AVENUE I CIVIL ENGINEERS LUBBOCK, TEXAS 7940 TEXAS LICENSED SURVEYING FIRM 100676.00 PHONE: 806 / 763-564 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763389 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Ca for GF # and any other identifiers as indicated in the certificate shown hereof 2015003F8 2A0 '-'V 15PPP ' bit Nb'W30YVA Jlb'XO79 % AVIZ,936.d0 Z✓N 31-1 L .to b&30N1vjV7y 3 3 w w 0 v CIOV) 00 00z C 00 c � o 0 d C .a J J LA£ 'Od 6'bbb '70A )/b XX 79 % NOUO3S --/o z1N 3H1 � Y30N/b'iV3Y 3M7d LZO Q U cn H U ¢F-x ¢o3 O GCd zoo w N L: z_ a 0 � F- N > O W oxoo z C17 4, U wa°' U 8 Z n� �r W N w (n of W LLJ i; 00 cCD o u u 8 H Q �z � �e o V m=c` 8 y a >Y N N ° .e w'� QQ c o IQ < o oz LL Oda) 89 b .0 wcv� lJJ W 2 �w G L 002 � 0 Z' p o .L CO LLJ W C9 N a OJJK a0 z3 k (Cq4�t � E40 cuiL� O N � U a o a o 0 U T o0 M p co O O ra Q L oz o C G O �00 � e cU° w ^N 3 cz .y o wz Lz �� o y cd Cn C TOK d Cam. O O to c ° ~413 Lc] o mzoU cn0 ate' melon 2015003388 SO- rl LUBBOC ER EXTE ION Parcel 9-B - Temporary Easement PERIMETER SURVEY OF A 0.531 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.531 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of 106.669 acre tract described in County Clerk File Number (CCFN) 2014024569, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap found in the East line of said 106.669 acre tract and in the South line of a 40.00 foot State of Texas highway easement described in Volume 490, Page 701, Deed Records, Lubbock County, Texas, which bears S. 01°46'06" W. a distance of 40.00 feet and S. 88'02'16" E. a distance of 2090.45 feet from a cross cut nail found at the Northwest corner of said Section 1, Block AK, for the Northeast corner of this parcel; THENCE S. 01°46'06" W. along the East line of said 106.669 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap set for the Southeast of this parcel; THENCE N. 88002'16" W. a distance of 1156.45 feet to a 1/2" iron rod with cap set in the West line of said 106.669 acre tract, for the Southwest corner of this parcel; THENCE N. 01046'06" E. along the West line of said 106.669 acre tract a distance of 20.00 feet to a 1/2" iron rod with cap found in the South line of said 40.00 foot State of Texas highway easement, for the Northwest corner of this parcel; THENCE S. 88002' 16" E. along the South line of said 40.00 foot State of Texas highway easement a distance of 1156.45 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 6, 2014 1' O�L JeE. Registered Professional Land Surveyor No. 5895 State of Texas r�� OF � �`�pi S Tg JOHN E. ALLEN K,658954v `7SSI 4, Sheet 2 of IARHUGO REED AND ASSOCIATES, INC LAND SURVEYORS 1601 AVENUE I, CIVIL ENGINEERS LUBBOCK, TEXAS 7940• TEXAS LICENSED SURVEYING FIRM 100676M PHONE: 8061 763-564, TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 8061763-389' Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon 2015003388 FILED AND RECORDED O F_ %T1r; •-'•f9f OFFICIAL PU(/BLIC RECORDS fY AIN Kelly Pinion, County Clerk Lubbock County TEXAS February 04. 2015 08:3?:30 AM 2015003388 INDIANA AVENUE EASEMENTS L(ltu�,� 2015003389 II�I��II��I�Iilllll�� l ��I��I�IIIIII�I�I �� DEo 2@15@03389 Resolution No. 2015-R0009 9 PGS Tt�,Ie and noturn to R.O.W. STREET AND PUBLIC USE DEDICATION DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT W.D. VARDEMAN, a single man, RAYMOND DEAN VARDEMAN, joined pro forma by his wife, LACY ELISE VARDEMAN, WENDELL KEITH VARDEMAN, joined pro forma by his wife, LESLIE KAY VARDEMAN and HOLLY JOY VARDEMAN SCHELLHASE, joined pro forma by her husband, JAMES ALBERT SCHELLHASE, hereinafter referred to as "Grantor", whether one or more, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever and for street purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit «A„ TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public purposes. WITNESS MY HAND this / i� day of U� �, 2014. GRANTOR: W.D. VARDEMAN M ma J 0 t • • �� • ' • LACY ELISP VARDEMAN, pro forma �a, t�� 64m?�, L SLIE KAY CARDEMAN, pro forma JAMES ALBERT SCHELLHASE, pro forma 2015003389 Resolution No. 2015-R0009 STREET AND PUBLIC USE DEDICATION DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT W.D. VARDEMAN, a single man, RAYMOND DEAN VARDEMAN, joined pro forma by his wife, LACY ELISE VARDEMAN, WENDELL KEITH VARDEMAN, joined pro forma by his wife, LESLIE KAY VARDEMAN and HOLLY JOY VARDEMAN SCHELLHASE, joined pro forma by her husband, JAMES ALBERT SCHELLHASE, hereinafter referred to as "Grantor", whether one or more, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever and for street purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit «A„ TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public purposes WITNESS MY HAND this day of ,NQV605F-,R . , 2014. GRANTOR: W.D. VARDEMAN RAYMAND DEAN VARDEMAN WENDELL KEITH VARDEMAN LACY ELISE VARDEMAN, pro forma T forma pro 2015003389 THE STATE OF TEXAS COUNTY OF t4Q0 This instrument was acknowledged before me on � • ( , 2014, by W.D. VARDEMAN. .0 ,rct Sal lx,y, i �lF OF 12 THE STAit OF'7[t'X AS COUNTY OF LmAgbDCk k ml_ Notary Public in a fo the State of Texas My Commission Expires: r,�, / This instru>�,giF„yeas acknowledged before me on �Q U `D , 2014, by RAYMAND DEAand wife, LACY ELISE VARDEMAN. tirF of Notary Public in nd fo the State of Texas 1 2 My Commission Expires: THE STATE OFTEXAS COUNTY OF LUJ This instrument was acknowledged before me on 11 2014, by WENDELL KEITH VARDEMAN and wife, LESLIE KAY VARDEMAN. No Public in an f r the State of Texas My Commission Expires: l P- " (a- )7 DEDICATION DEED 2015003389 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on ZZ" 61V0W01 b''- , 2014, by HOLLY JOY VARDEMAN SCHELL14ASE and husband, JAMES ALBERT SCHELLHASE. �o,��N......, l,y s �c O ��•�i N4opco Not Public in and for the State of Texas OF My Commission Expires: DEDICATION DEED 2015003389 THE STATE OF TEXAS Loy COUNTY OF a/�-- This instrument was acknowledged before me on 1"ty , l � , 2014, by HOLLY JOY VARDEMAN SCHELLHASE and husband, JAMES ALBERT SCHELLHASE. ........... P t/ Notary Public i an for the State of Texas f } OR.:� My Commission Expires: DEDICATION DEED 2015003389 Exhibit A Legal Description of Street and Public Use Dedication Deed DEDICATION DEED 2015003389 SO A LUBBOCK ER EXTE iON Parcel 7 - Street and Public Use Dedication PERIMETER SURVEY OF A 1.242 ACRE TRACT LOCATED IN SECTION 1, BLOCK AK LUBBOCK COUNTY, TEXAS SCALE: 1 "=200' 2.690 ACRES STRIPES, L L C CCF#2012009889 40'STATEQFTEXAsa yWA 40' STATE 0,, TEXAS hO ;IIAYE45--WVT KY. 4B7, FG: 41 POINT OF BEGINNING 320.20 AQ4ES FP /NVESTGI4S, LL C CCF#2007044643 /3.156 A0YES UNITED SUPERMARKETS, LL C CCF#20/30083/8 -rrx I -ate-WAY CMAVM9904.3601 STATE er STA 20.027 AG4E REMAINDER OF THE NIP OF SECT/ON /, BLOCK AK VARDEMAN VOL. 4449, PG. 347 Line Table Line # Length Direction L1 49.77' S880 02' 16"E L2 90.00' SO ° 46' 06"W L3 15.23' S880 O1' 49"E L4 220.00' SO ° 46' 06"W L5 200.25' S040 37' 50"W L6 423.97' SO1 ° 46' 06"W L7 55.00' N88102' 16"W L8 934.00' N01046' 0611E 7EXAS 106.669 ACRES Note: No abstract of title or title commitment was provided to this 1585 DE VEL OPEMENT, L L C surveyor. Record research done by this surveyor was made only for CQ-#21W207/402g56g the purpose of determining the boundary of this property and of the adjoining parcels. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002488 Surveyed on the ground. October 21, 2014 Jo . Allen Registered Professional Land Surveyor No. 5895 State of Texas OF JOHN E. ALLEN SS NOTES: HEAVY LINES INDICATE PLAT LIMITS. ®- FOUND CROSS CUT NAIL O- FOUND 1/2" IRON ROD WITH CAP o- SET 112" IRON ROD WITH CAP •- SET MAG NAIL WITH SHINER A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM IW67600 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF # and any other identifiers as indicated in the certificate shown hereon, 2015003389 SO 3 LUBBOC ER EXTE iON Parcel 7 - Street and Public Use Dedication PERIMETER SURVEY OF A 1.242 ACRE TRACT LOCATED IN SECTION I. BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.242 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of the North Half (N/2) of said Section 1, Block AK, described in Volume 4449, Page 347, Real Property Records, Lubbock County, Texas, being further described as follows: BEGINNING at a cross cut nail found at the common corner of Sections I and 4, Block AK, Lubbock County, Texas, and at the Northwest corner of said N/2 of Section 1, Block AK, and at the Northwest corner of a 40.00 foot State of Texas Highway easement described in Volume 490, Page 701, Deed Records, Lubbock County, Texas (DRLCT), for the Northwest corner of this parcel; THENCE S. 88002'16" E. along the North line of said N/2 of Section 1, Block AK, and along the North line of said State of Texas Highway easement a distance of 49.77 feet to a point, for the most Northerly Northeast corner of this parcel; THENCE S. 01 046'06" W. at 40.00 feet pass the Northwest corner of a right-of-way dedication described in County Clerk File Number (CCFN) 2009043601, Official Public Records, Lubbock County, Texas (OPRLCT), continuing along the West line of said right-of-way dedication a total distance of 90.00 feet to a 1/2" iron rod with cap found at the Southwest corner of said right-of-way, for an 'ell' corner of this parcel; THENCE S. 88001'49" E. along the South line of said right-of-way dedication a distance of 15.23 feet to a 1/2" iron rod with cap found at the most Southerly Southeast corner of said right-of-way dedication, for an 'ell' corner of this parcel; THENCE S. 01 046'06" W. a distance of 220.00 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 04037'50" W. a distance of 200.25 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 01046'06" W. a distance of 423.97 feet to a 1/2" iron rod with cap set in the North line of a 106.669 acre tract described in CCFN 2014024569, OPRLCT, for the Southeast corner of this parcel; THENCE N. 88002'16" W. along the North line of said 106.669 acre tract, at 9.12 feet pass a 1/2" iron rod with cap found in the East line of a variable width road easement described in Volume 1525, Page 719, DRLCT, continuing for a total distance of 55.00 feet to a mag nail with shiner set at the Southernmost Northwest corner of said 106.669 acre tract and in the common line of said Sections 1 and 4, Block AK, and in the East line of a 320.20 acre tract described in CCFN 2007044643, OPRLCT, and in the East line of a variable width right-of-way described in Volume 1486, Page 905, DRLCT, for the Southwest corner of this parcel; THENCE N. 01 046'06" E. along the common line of said 320.20 acre tract and said N/2 of Section 1, Block AK, and along the common line of said variable with right-of-way and said variable width road easement, and along the common line of said Sections 1 and 4, Block AK, a distance of 934.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 21, 2014 �� E - oj)�, JW E. Allen Registered Professional Land Surveyor No. 5895 State of Texas rlo_q OFGIST��A�d JOHN E. ALLEN � .6 5895 y Q'7 �g1��F8sSID�G�Oj Sheet 2 of 2 ]P.jFqHUG0 REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK. TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 100676-W PHONE: 806 / 763-5642 TEXXA.S REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF p and any other identifiers as indicated in the certificate shown hereon. 2015003389 51LED AND RECORDED OFFICIAL PUBLIC RECORDS Clerk Kelly Pinion, Coun Y Lubbock County TEXAS February 04, 2015 08:37:30 AM 2015003389 FEE'• $54.00 2009043601 ✓File and Return to Dave Booher R.O.W. City of Lubbock pc o STREET DEDICATION DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT W. D. Vardeman, Joyce Vardeman, Dean Vardeman and Keith Vardeman, herein called "Grantors", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, do hereby dedicate to the public for public use forever and for street purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A". TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public street purposes. -74 WITNESS OUR HANDS this day of ��„�i� , 2009. W. D. Vardeman By: 2el- D. W.D. Vardeman as attorney in fact in behalf of Joyce Vardeman by power of attorney By: eQ.YJ 1JR n ale � ,m ) Dean Vardeman By: /IQLlh Keith Vardeman 1a-q, o o! A O m v m c� o N m w 2009047711 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared W. D. Vardeman, known to me 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 HAND AND SEAL OF OFFICE this '74 day of DAVY M. BOOHER Notary Pao, State of Texas My Commisaon EvOres 12-16.2010 THE STATE OF TEXAS § COUNTY OF LUBBOCK § Notary Public in and for the State of Texas My Commission Expires: /d w,(: - ?ono BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared W.D. Vardeman, as attorney in fact under a power of attorney for Joyce Vardeman, known to me 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 HAND AND SEAL OF OFFICE this 7 fk day of DAVY M. BOOHER Notary Public. State of Texas My Commission Expires 12-16.2010 THE STATE OF TEXAS § Notary Public in and for the State of Texas My Commission Expires: 1.2 /G- Zola COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Dean Vardeman, known to me 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 HAND AND SEAL OF OFFICE this 2 day of 2009. DAVY M. 600HER Notary Public in and for the State of Texas NOW Public, State of Texas My Co2 E*res My Commission Expires: id STREET DEDICATION DEED W.D., JOYCE,DEAN, KEITH VARDEMAN 2009043601 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared KeithVardeman, known to me 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 HAND AND SEAL OF OFFICE this 714 day of 2009. Notary Public in and for the State of Texas DAVy M. BOOHER My Commission Expires: /.2 — Notary Public, State of Texas My Commission Expires 12-16-2010 SDD-Vardeman, WD,Joyce,Dean,Keith 8/27/09 STREET DEDICATION DEED W.D., JOYCE,DEAN, KEITH VARDEMAN 2009043601 ENGINEERING ABACUB SURVEYING 2737 81 ST STREET LUBBOCK EXHIBIT (806) 745-7670 11 a )� Ei "Count on it" Parcel 20 FIELD NOTES on a .041 acre tract out of Section 1, Block AK, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a set 1/2" rod with cap (RPLS 4460) for the Northwest comer of this tract which bears S88°02'12" E, 50.14 feet and S01°57'48" W, 40.00 feet from the Northwest comer of Section 1, Block AK; THENCE S88°02'12" E, along the South line of F.M. 1585, a distance of 45.00 feet to a set 1/2" rod with cap (RPLS 4460) for the Northeast comer of this tract; THENCE S01 °45'41" W, 20.00 feet to a set 1/2" rod with cap (RPLS 4460) for a comer of this tract; THENCE S46°51'45" W, 42.35 feet to a set 1/2" rod with cap (RPLS 4460) for a comer of this tract; THENCE N88°02'12" W, 15.23 feet to a set 1/2" rod with cap (RPLS 4460) for the Southwest comer of this tract; THENCE NO2°01'34" E, with the East Right of Way line of Indiana Avenue, 50.00 feet to the PLACE of BEGINNING and containing 0.041 Acres, including any Right of Way. These Notes are based on a Survey Made on the Ground. Jonathan M. Cieszinski RPLS # 4460 August 1, 2009 FILED AND RECORDED 'C' ryr OFFICIAL PUBLIC RECORDS 0 'W C �rOFIVO Kelly Pinion, County Clerk Lubbock County TEXAS December 10, 2009 03:22.34 PM FEE: $28.00 2009043601 ROSA'S 12-INCH SANITARY SEWER EASEMENT lig I l NO No fled Section " Block AK ' _—_—_—_ _—___—_—_____— —_-- ¢ I we ei.ru50._ — -- x e _ — aL Un SVu( .nd P'M cc.fi, SeeJb9 ro €'-��[�;€a��. t` pR s or�e'as• w eaooe' �� Not Pfetled€•t ., P.rml iix( CIYN ie160(566( i .•• xx33i � I � I D I a . ra I — I— m p o n j gig N m Io 'My5 g i g N Q u Ia 8 CD i oo €n i i I I I I I . �I 7 Ilo•oe .,..�.•, a F - 8 _ - eL r NE 1 IN N1 tj 9.8g wfl N _ O O O UNITED 10-INCH SANITARY SEWER EASEMENT o 0 X w It INDIANA Lw— A VEME IR, y , Mow--- Upw aka Now c z co z > < m 0; Al Z� c p m g0) a Co > 0 0 Z: UNIVERSITY AVENUE EASEMENTS S T A T E a r " Couwd' �,Ilk>6rst.t°.ig _ y .. a notary public in and for said County and State, r , Sophia i4allett.a n.idow --- , ]mown to me (or })va e,3-ie-ate-an 2 of ---- - -- - — to be the person -.- whose name 9 j =icesubscribed to, the t, tvegoing instrument' and'acknowledged 'to me that -she.. _ executed the same a y for the`,purposes and considere,�ion therein expressed. ti I Criven;under myhand and seal VF office, this the_-14-.-;- day: of and for--_---�ubhock_.._... - Notary Pua�c in ,•, `- 05- IA CO 1 I 1 II M � 1 1, ^' s' ,. � 4it ' � S7 � (tt1pQlFoq � ' W.. N .r ` R f l9 i4 �} 0 5$ E. V. vl ,4 I i. �i z mF;- a ~ RIGHT -Of- IEN'Tf STATE OF TEXAS SENTS: county or_ Lubbock THAT _ R L Stewart , not t of i y - is , ot. noel ana never has been declared my homestead. it } S l c, Y cb w hs+�r, ora a14' v1ve,s d rirpp y}LS :13�St' ti! �`F a .� y um of t' ''-- riri�� i'i-m� .a Mf�-� c fc•it`r�"sssxtistr.:�+:,F� vti-•i•°,"�,�,. ..-S:r ' '3�;�;___ �ra��..�,wetr..,..,eY� �. hne��`rncefottof whtch�iS;hergby�pcknowledged;�dy}by thess�presentsoegrent, 'exas, ii and being, pa r t icularly•described as ' L i] PAGE_I' s i..; ;trip of land. yu�t'of, ection 15,$llt ti ' a d (�ect3Yon 1,Blk. l 7:,utbock rountv,-Texes';descr bod. a's f.0'1�Ldvr";-('.' Bcgd.nningat +...the..I'}ortheast ccrner of. sai�I,.Seac:l;a L" Thorice 'Vest 4'T-feet to a uoint' ' Fl . • '=hence South:40 foot frorr. a*id Daralle], tc the confer of ,the, nr 'sent r: real and Eait's1 c ion fine.'to,�a n int iii the oath iroperty keno. !§+5 r ,thence East• �i0 •feot-• f;ri- a n oxn - n'> thet East Bo, L"Tort line Ihe,nee j-ast ,40 •f.6' t'to a.,poi:n-t in'•rthe,Southnproperty` ling, o:[ -tie R.L;'Otewar•t trae.t in :;ec.rlu;Blk.E; kThence Wd -th%to a point 10 feet SoAiz of;nl.esent i r r Ea)ti0n well; Y :hence 'f:est"&;feet tp 4a -point; . :hence North.20 feet to a point; Thence L�as:t'S,16et o a poir_t; Plience.Vor;th,.4`0 feet frorr and •peiallol_to thio'x" t.^section 'line. or saie Sec-.15, "tc' a pein"t iii the`'r+or'th sectloW l•j;ne 01 sai+d ' ectiori• 1S; Thence' 47e,st .'9�; fee,t`'to the place, -of be(yiii}n n_c,.; :Th,`'.'boaj:ldi:ng now located on t?le_ •Sou.theast corn"er.or, the at oye Tract. extends in the right=of- ay one(1') foot.,.If the bu ld rig,�is;e4©resegdesLed to be, moved,then the building .rill_ lie no'ved at the cost'of Tubbock County.' , For the purpose of open ing,,constructing-and maifit aiiting a permanent rnslr,_i'-� along, upon'and across`. . said premises, rdith the right �and _pris_ilege;;tall times of ahe .gran{ee-herbm, _his' or its, a"genls,5mployecs, wz ikmen - ' and representatives haJing'ing�ess- cg-ress, and regres's ,in;l along,'uponJnnd across said prempes for the •'pupose-oi making aon dditis to, improvements proveents oh and. repairs to the}said -I'Oad , or an} pa4t thereof. - it is speci(ically understood that'the County.of Lubbock,"Texas�and,its assighs shnil•be vesteci:with the'title.lo ' .and the right,to take and use, without additional compensation, any lone;'eorth;rgravel, calicheor any other Mater- ials or minerals upon, in and under said land, -except oil, gas and sulphur, foi;:the.c•oristruction and maintenance of the County Road System of Lubbock County, Texas. And it.is further agreed that ",` �111,2b.G`_C �i�e.Qidll tcj-i��y--+T-� - • •- —`� * - ' in consideration of "the`.benefits above set•out, will'rerriove from the property above described such'fences, buildings and other obstructions as may be found .upon said premises. TO HAVE AND. TO 11011D onto the said County of Lubbock as aforesaid for the purposes aforesaid the premises above described. . •lt'itness h:utd_, this tlie.__of %� _. ' , A. D. 19b SINGLE ACKNOWLEDGEMENT THE STATE OF TEXAS l ".t County of - Before me, Akl O I.Brien . . a notary public. in•and"fore said _County- and •State, on %2R. this day personally appearel R.L.S�tetaart f. known to me (pi',7H'W4lf�1cQ1}4Bt tia(rs"Y? 4A 44`}t'0 A to bc, the person whose -name- " —_sJbscribed to the foregoing instrumenteand'^,.acknow•le'dged to:meilial _he- " executed'the'same for - pjthe urposes and considerations therein expressed Given iinder:m'y handandseaLof.offwc,,.this thc____—. -day bt " , /� 19=. 1 5.)" _ Notary, Public inand for i-- `t-_ fCorinty, Texas .� h. F• W. =5� on O f s ry • S ... N CLai o W. .F.•'.i .ot"�.'t�•rf' S a" Y I tECO Y 1f1 I Q � of I+j"q�i �.Il�.p1' 8 SCa ^I z r c w o ID .i xT^`-r�`'� �F •�f '•'• j l - 1 �Cito Y GMr { C T°j r f i 7 i' z' 4'7 s OOI>•-'iiI (t'. ii mac,,: :2 I.�181 Q •y r. Y�� r. c'.�,i y T.'-i �'o' v t�• `i'•�i' 3-1`'Flrt l�z. 1, +qs� v' .z,� E". ¢ .... ar CITY OF LUBBOCK EASEMENTS FOR WATERLINE REMOVALS MATCH LINE SHEET 51 STATION 3489+00 .tMKR OF A OE MLEO IOPI ...... am .,.201MI13 L.C.IA. OOL'. AIR, EXECUTIO FEMw— 195S K. G1 2 Tx TA p L73 MUM RoO.W. v LTS 260.72. X- UG 9 WMIABLOM'" -OF-WAY) .101. RIG. z r •bg UISTIND nmrm— 0. 1 1 W 1 p —.I.. IIEOI M W.E A-1 IYMIa1l , 40". -IGl4T-O'-WA11 . C. zrX C. OgSF %0 ! 3' L'3 N 20.29' it, .2.9, ----- - LU LM 22CA r 4v zo zo ;Pf 8 4 04 z SH.37 YAM il Z; wp p P. CASQ '%tiqun., • ym q 'A. X M'W".. i. SE I-E '-tv R qt; Ad r APIA z is -37 211 FYI t Alf F j ' k"a) n- ; U P --------------- U) 'o i ----- t : : D 40 II --------------- I - - 40-00 1.11 F 14 -P X %M A --I �ir' �-Abhl 0-! A] i 0 -------- -- -:11, 5sh.15 P" -4 -------------- --------------------------------- ... .......... .... ............................... 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O 1 !•11 dLlEO I.Nf RE. ii'e 1 O.P.R.L.C.TY. ��11 ' ]0D10Sf � �If7 6l, �' • ,1I aprig 9 I; 9 9 9 or I ado R ��5 e�15 ;laxss ��Fv=S PH F pix »x n r-nw ><g� .Lsii _ - ••---- �I [� C� e�' lip -� •'� n � '�' j'in ii � !: � ■ III ^a - !I� iFs p Ali^ r - =11, i !I it x --- p�e T11 FIF _ ® �,II' r�_E�� R S,IA A r •F;, ��A .l7 ZE O U1 rri .. N Z c) n. m Q l ME I 9.9] OIZAR A ______________ _____10.0T__0_�•1___ F-•k^ N 1 JI6].9' ----- - ______________fS � \I Z '_______ I L 10 0 9 1yR II . O.4R . it N Y:r _ � - 14 M01 [POPE 107.lS' ;• •i i'Ij z- 44Yr xoi•�[oe-I »-' 63— A iFff F'q i �ie�`•b4•a 9xF10- S_ _ a6 1 i Y :Sells= 4 G 1f �Sj NAB• O _ [YIST IIL R.0.IIL R.qR, J\\ j l..O�IV �I9211E•. L E �Y[ IW' IM R.-R-91T1 OOC. NO. J0 . "3S O. P. TY.1 3 8 EEISTIRD R.O.S. L119 1. II ij PCs i pPFO! a-, n fit^ ks - .. il9 93; HNC I __ , I II �I MATCH LINE SHEET 55 STATION 3534+00 MDR �o? 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RDI••6']1•E 319.6t' -C-.��•9T'3S•R 1,[a�RDl�� i� Mi 1 NLIn, IOl.9] ' �1`EST-I "• _�Ir3i-[xs.x•. M.131?Y _ .. 3 ,ava ar .p� rcw ur [,i�i.[•t.x�••1 �, v oii►or O _m r n O5 mizmn mmiN rTA• o n ors AO,D•1 z Go,. i m o o i+ mOK Y �N� oN Ei LIN - c.T iYM1XL[ RIOTM RIWIT•OF-R.LTI 4 21 fS •iaiuM) '• Y. • 't :501•[6'3TR d� .H.e1• fs r�2 g� •] ZO� � YZ = e 94 •6i J N iv i ^9 7 a: :1ST.56' .400' ----- �rnrn a E. Y Om - ;g� . -0 P* P, 16 ry1, J MATCH LINE SHEET 56 STATION 3549+00 g age : -_:_::_- -__-, o�C Y �i E. •-- -i- MATCH LINE SHEET 55 STATION 3549+00 �' A d i• P. RED P- ffi -jigPi IR Riv CxYgY'j p! p R ------------ h E I _^n70A0.1 601V/•6. 1 •• SUM , o ti ^. ^ P px 1 , Oo p C . $ C _ _ �Ao i m/ P. mr� �g i \ o j F O d N .� PboaQ _o e w`agr'r• i:! $ Ii C r x'gg d O z HP ;x.P. -I ' ; s . ;fib ,'^P P. i,4 ^ _ p� . •8L ! Ark a F R Ai Ln Z CD In i '!';w Z mim P_ �> 4 C) m o a �i ro�iieK E a_ o ' , Qn c1 mor -------- :aci. __ .e, .r «1.waa•. •ctr. .----.- St_____ ___________ r gg O Y Y• i Y2 0 " N rig �INF F e0.00' I1e.56'•, i! nN I I 501•.1' Y a -;3: �,y, vi-r I i! � _ �P:.•'• I wore •i4 5�.,, Ir• 4.•Tv S01•.6'01 •.. _ '• ! r ! •:� F .O.OD• 123.66''' _ Np1•.f'01 •E 111.2f' -=Y9 P ► e5. 16• .' •, I"i ! �Y o Y «+ O ft. I •2 � 8� I �/• I > $F All C4 i- '^ Aga g. $ .��^ i:1. - � �k :.8p R ;AIR i" x, � ;+• ':6 ! � , 3 is , 1 sot a m .lea H• 0�% ! M01•.6.1 •E __ :00. 16• •�.� �i: jg9 �.". yy }E eF3� $I4 V- 2a•-$"ag I ------.-.. .ono? 1{ D.. �a e�£mF 4 ! YS_s 1r v a5 rY x �� • *• Pe P N ! :aM:.. 1f ^ , we in P ------------ y , A� •u----------------FIR A. 1 g OR � •S01•U'}i'Y k - �IM61�1 ��•+, � I at, a - o - Y _ MATCH LINE SHEET 57 STATION 3564+00 a � O n a -n v u] rn OD �Ln z 0 X O L m A 1 R MATCH LINE SHEET 56 STATION 3564+00 O JE�PR IpRRa1SWl 9 DEERIE - •... P DED A ". 2016 r. o]1s RD . P.iI�L. C. T2. 'Yf FOP -� 74.00. 7'Y — .;.t34.5, ••.�3.f• C 901•1]•1)•9 219_12' IQ ii RDA 1 ZC i 1 i I i 0l$ � wl� xci i I � • hw 1 1 MI¢ 9�1 'O 4 I 1 I i I 1 4s\I 1 I i IMF 1 -i aas I• rs I- Pi ! gI o O c ]si��! .yetlg I s ;p A: ddiY=.L`:eR j . I SC.,I.'.:; FZ— i8; 1 ", oP :ag:g. a:A9f'i JY..=. ii err p$o � it �r % i J0.00" -•-•.--•-- - __ _.._. I 9 IS9• � FSY ;�' `8 I 'E as-Y 3 I 1 MATCH LINE SHEET 58 STATION 3579+00 _ i4;��\�R•• �Y o _ .I MATCH LINE SHEET 58 STATION 3594+00 21 'M��6 -• � 1 ; P fa P w u t MA •.wap �ru[mYRI•b7]Ir.tl'. j. • .Io�-�y1 ' �•. •'w�970C .w•1.•n+ , � s! I I sor9:•]s•rr tx. �- � � � / In Dp I II 5.•. ;gypp 9 i Sig y.f +N$P9 R. $ SwF [r�C I 4jw O SA .I. =Q Pit ` P R RI9w c4 o 1 ^w' I A i ='g • o� Aj 1 'li A 4 >• [[ISIIRG R.O. f. i + .� N ROLD noo ^a3�4: jir.la IIMIYER]ITr v[lyEl - - 190- WIDE RIfI1T-a-fail E[ISTIRD R.O.R. ep 90.00' i:f Vm f•�>! k� r'Y o�Ftl� 1 O � 1 �I _� 4f_^� _19t]g JC t�I•' P r^ oRA j f I �jS a¢; O 0 Ik 8 Ij IIR I ��', lie \• w�•.,•IrL .la.a. � 719. W' �-.� 9 i� �1'�'99•f � I F p _mom R:� - Y� F' min Aig IF or.my _ raio a��^ys 9�1i o Q N �1; rSN� OAE n • ao�w' V�- w� � po 2 Oyi .' n no <N� O N :. m W Ln oom 7 z mgN a� R 0 _ >y y?i• .p .- t �Nm -ipn9 O N QU4213L6 4 yo m n pm: `42 1 ^wN e _ 12 $Pt _ �x.-.w.•=.r S"a:xraggy a P .j SAC €1RF�A wwib•ti>�FQ p L. 1 j 1 ne�9•ss. se NP c. MATCH LINE SHEET 60 STATION 3609+00 --- --- ..,�.� ��a� F`. � ' a �•c _ Igl•]9'IT•[ 991.92' i p;• �2 AN-------------- - ------- ---- -gYP £ :SYSs •'ice � J : 1R11�9Lr. E tw2sD� `$1:� BsyY. ------------------ F 1• R O- «g IE .max. K° kt .0 u'f 75FSCw •Erg?. cs............ a; !, 4? P ------- . .T w•w7i } 8 J? z�_ 33 .gam Y QUAKER AVENUE EASEMENT DOCUMENTATION DX we OCUMENT NO. 15)TL6 y 3a;.<<'t•C t• . �+ zss VOL 5333put 2$ RIGHT OF WAY EASEMENT �A srATBOFTIDUs ) Co" Iuhl.nrk )�a�+1�1I8YTf1�` S •H�'j B It n 011 Co en d u c ount .. m000dderatioaoilhOmalof .00 andadwsoodrod"juablecwAdi iw m bmd paid iosell and by the County of Lubbock. Texas. rooeipi dwhich is haft ackoewledBad. do by these prwwts grad. veair. oonvry unto the Co"of Lubbock. Tc`ai•'he here rod naiatarnpted titer. h1" and psiV ° of the pssaage io...long, upon, rod aaaas the following togs) m Lubbock County. Tam% awned by Bolton Oil Company a adbw9Pwhw124dw=D*6 rs Loilowr.WWit See attached Exhibit "A" %, Road t and aaoa Tot dte purpae dopromB• aom8 rod m�do6 • P saidt vriththeright t aall�imad>begmdae� wdPremi�aeafar of�aod np�mtwvwhavmg �� ems• and regree. is akaH. »pm+ o f � rod thaeot addttiaost0.0°��tethepid Read it is epecfiuUy mdasmod the Catmty of Lubbock, Texas and t ps*siwj. &U bovesWwith do fide to ealiehe of oar Oda Meterirls a and the right to take and wN aniho�d additional any or 6 eattb. gravel. minaels upon. m wdunda acid lrod. accept ate. Brr � �F�• far tho aoastnrdion and mete of the Campp Road 4d= of Lubbock Camp. TOM Lubbock And it is (ice stma" sa tCMM fiam dip F above described arch fenoa� buikiiags.nd otherobsttudion+ as mgbebawdupontheprism TO HAVE go TOHOLD udDder grid Cat" of Lubbock of AmWdthe prudes AwAdexribod. VC bL d----Pthisthe drys[ .AD.19 i DOCUMENT NO. 35266 v^, N333put 2.9 SINGLE ACSNOWLEDGEM1Ofl' THE OF A �*f STATE�� plyBefore mg� of P� a ixfty public in and for said County and State, on this day known to me (or proved to ma on the oath of a cre6ble witness) to be the person `whose mine aubstxibed to the faegoiag iastruureatt sad aelmowledged to me Hurt he executed the same for the purposes and comaderations therein arp:emi (liven under of office, this the _ 3/ day o "✓ 19,06 �.� p►11UNE C. C13tit SEAL `h " Puou', guq of Totia► / I �. t w?," Public in a>dN a f.i C County, Taus. i Ra� �rr,m[G04C0 JOW AMOWUDGENM THE STATE OF TEXAS } Camly of } BEFORE ME, the imde:sigoed, A Notary Public~ . is sad for said County, Texa, ao this day paronatty appeared tad his wife, both la own to me to be the pets m m whine maw are subsaibed to the foregoing Wmitn ct, and acknowledged tome that they each executed the sane for the parposes and om ideation dwein ape wd, and the said .acknowledged such iastruatty to be her act end deed, ad she declared that she bad aviWn* si®ood the cane for the purpoaeo and oomidatdiaa therein acpreaod. ad the oho did act wiab to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of______, A.D. (1..8.) Notay Public is and for Canty, Taw I �o N w ccoo E ix V U ~ 9 e� w�$e cc THE STATE OF TEXAS } County of } I. Clak of the Canty Count of said County, do hereby am* that the fooegoing of writing, dried the day of AD.19 with its autheatiadmq wa Sled for record in my office on the dsy of AD.19 at o'clock M, and duly recorded this the day of _ . AD.19 at o'clock M, is the Deed Records of aid County, in Volume an Page Witnea my hand sad the ad a(do County Cant of aid County, d office is Taw, the day aad yearlat aboYe tuaittad Curt ofcad County. Texas B M UCGUMLN I NO. 35266�- - - : A1131TA. VOL 5.333Par,I 30 H UGO REED AND ASSOCIATES, INC. 12/0 A"fto a r tu0baCk Taaa TUN r 0OWN-Wes / F" 0 1 LAND SURVEYORS 1e-M.aAw«.o,,.wpla.pl.w.", CIVIL ENGINEERS e«�wl a �irw�irr, w vl s w il l a. aMrr, M Co4w.r� pa woOM1A CMNMpIHr, w ill a METES AND BOUNDS DESCRIP71ON of s 1.831 am used of tend loaded in the Southeast Quarter of Section 23, Block E•2, Lubbock County, Texas, being Anther described as follows; BEGINNING at a railroad spike set for the Southeast owner of Section 23, Block E-2, Lubbock County, Texas; THENCE N. 89.56' W., along the South line of Section 23. a distance of 93.00 feet to a railroad spike set for the Southwest corner of this tract; 714ENCE N. 00'04'$4" E, a distance of 55.00 feet to a 1/2' iron rod with cep set for a comer of this tract; THENCE Northeasterly around a curve to the left. said wive having a radius of 30.00 fat, a central angle of 89°39'06 tangent lengths of 29.99 fat• and a chord distance of 42.42 fat to a 1W Iron rod with cap set for a point of tangency; THENCE N. 00'04'54" E. a distance of 208.OI feet to a 1/2" Iron rod with cap set for a point of intersection; THENCE N. 02*56*39" E. a distance of 20015 fat to a 1/2' iron rod with cap set for a point of intersection; THENCE N. 00*04*54" E. at 204.50 fat pass the North line of that tract 1944, Page 622, Deed Records of Lubbock County, Texas and the South liconveyed to Bolton Oil Company in Volume no of that tract conveyed to Bolton Oil Company in Volume 4665. Page 112, Real Property Records of Lubbock County. Texas, continuing for a total distance of 952.00 fat to a 1/2" iron rod with cap set in the Nott" h-lirie of said Bolton Oil Company property and the South line of that tract conveyed to Joe Schoenig in Volume 1894, Page 648 for the Northwest corner of this tract; THENCE S. 99'56' E.. along the North line of said Bolton Oil Company property and the South line of said Schoenig Property. a distance of 55.o0 feet to a 1/2" iron rod with cap set in the East line ty Section 23 for the Northeast comer of this tract; THENCE S. 00"04'54" W-, slung the Eau lino Sedion 23. a distance of 1343.00 feet to the Point of Beginning, and containing 79.748 square feet. Surveyed and certified correct. October 7. 1996 Revised October 14. 1996 Robert A. Christopher Registered Professional Land Surveyor No. 5167 State of Texas t1: 1;13715 1142 QH 'gG f :InA •l.: 1 r .vk r.y.r1. *rra.. CoComm OF TM 1 trtasp aroh yw ok M+ttrttntanf ass 11LlB eatM dwacreatthe Was sFwa Wminalaftaa0wattl� Itrpm a0E01"Voy ows"Faa�b1tlMDM Aa/heMr RaoadtooLaboaa Oamq, Tmaa as staagaOaMeaMara, C Nov 25 1996 I I O I I I RETURN TO: LUBBOCK 1NTY TRANSPORTATION ADM. V P.O. BOX 10536 31753 LUBBOCK TEXAS 7"08 RIGHT OF WAY EASEMENT STATE OF TEXAS } YnL 6827PAc( 55 County of__ Lubbock } KNOW ALL MEN BY THESE PRESENTS: THAT Ha Qs►v Eur+e t� r. - of Dallas County In consideration of the sun of S 10.00 and other good and valuable consideration In hand paid by the County of Lubbock, Texa$, receipt of which is hereby acknowledged, do by these prose:ts gran:, bargain, $al:, aced convey unto the Cuuary of Lu.traok, Teza.;. the free and vai:t:rrupLd =S&, li aty and privilege of the passage IN along, upon, and across the following land($) In I.ubbock County, Texas, awed by and being particularly described as follows, tawix See Attached Exhibit "A" For the purpose of opening, constructing and maintaining a permanent in _ Road in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress IN along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said Road or any pan thereof. It is specifically understood that the County of Lubbock, Texas and Its assigns shall be vested with the title to and the right to take and use, without additional compensation, any stone, earth, gravel, ealiche or any other materials or minerals upon, in and under said land, except oil, gas and sulphur, for the omstruction and maintenance of the County Road System of Lubbock County, Texas. And it is further agreed that Lubbock County in consideration of the benefits above set out, will remove from the property above described such fences, buildings and other obstructions as may be found upon the premises. TO HAVE AND TO HOLD unto the said Cotmty of Lubbock as aforesaid the premises above described. • l9aness h4md --, this the " ,_day of !Nark Robert Hancock ,,E,,,g wet »a�\ 1 •�►e.L �+' �s� 0 IUUk UIVItIV I INU. 31 /53 SINGLE ACIQYOWLEDGEMEPIT A. THE STATE OF TEXAS } _ �. Yol 6827PACE JU County of DAL"S Beforeme, -- VIR&gj a N1x&j , a notary public In and for said Coaaty and stab -_ on this day personally appeared NRRtC eoarertlkn:t y 1.AQCe eQ%Cll UAMAXSAeQY t!oaoge 144rrlc Aw S1EmmtrttZ r-hyt NAatcow .known to me (or proved to me on the oath of � • r • . a credible witness) to be the person � whose names a nC E L•E scribed to the foregoing instrument and acknowledged tome that -14e� executed the some for the purposes and considerations therein expressed Given under my hand and seal of office, this the t Nt N day of S�N/P%'TLN gM ' 9 VIMIN166 LIVIYON (L S) Notary Public in and for County, Texas, `/�•(lvnt�mtt5/o+JB�R.teee /-�7-AC10�, JOINT ACKNOWLEDGEMENT THE STATE OF TEXAS } County of - } BEFORE ME, the undersigned, A Notary Public, in and for said County, Taxes, on this day personally appeared and his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said knowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of. A.D. 19 i r y 1 _ u: 1 'Eller .' 1 Notary Public in and for County, Tom , . �., z 0 �w ;. , O ao � x A v � w 04) W } ENDORSEMENTS THE STATE OF TEXAS } t County of } 1. . Clerk of the County Court of said County, do hereby certify teat the foregoing instrument of wriWg, dated the day of . AD.19 with its authentication, was filed for record in my office on the day of AD_ 19 at o'clock M , and duly recorded this the day of . AD.19 at o'clock M, in the Deed Records of said County, in Volume oa Page ; - Witness my hand and the seal of the County Court of said County, at.ofFice in i Texas, the day and year last above written. Clerk of Cautr, County, Texm _ . By De". . I , 1 1 ` — LJIJVVIVICIV 1 IVV. J 1 / JJ ` EX MIT A U . ROBERT SMTTH SURVEmG P.O. BOX 93616 LUBBOM TEXAS 806-76S-950 QUAKER AVENUE RIGHT OF WAY SOUTHWEST QUARTER SECTION 22 VOL 6827FACT 57 METES AND BOUNDS DESCRIPTION OF A 3.302 ACRE TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 22, BLOCK E•2, L.A. PATTILLO ORIGINAL GRANTEE, LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN VOLUME 1938 PAGE 462 OF TM DEED RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A 5/.8" IRON ROD FOUND IN A GRADED COUNTY ROAD AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER FOR THE NORTHWEST CORNER OF THIS TRACT FROM WHENCE AN ALUMINUM CAP IN CONCRETE FOUND AT THE NORTHWEST CORNER OF SAID SECTION 22 BEARS N 0.05'37" E A DISTANCE OF 2641.79 FE> P; THENCE S 89°59'38" E, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF $5.00 FEET TO A %1" IRON ROD WITH CAP SET FOR THE NORTHEASTCORNER OF THIS TRACT; THENCE S 0°05'25" W A DISTANCE OF 2550.60 FEET TO A''A" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY, AROUND SAID CURVE HAVING A CENTRAL ANGLE OF 90°02'42" AND CHORD BEARING OF S 44°55'57" E, A CHORD DISTANCE OF 42.44 FEET TO A''A" IRONROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE S V02'42" W A DISTANCE OF 20.00 FEET TO A %" IRON ROD WITH CAP SET IN THE NORTH RIGHT OF WAY LINE OF F.M. HIGHWAY 1585 AS DESCRIBED IN VOLUME 487 PAGE 44 OF SAID RECORDS FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE N 89°57' 18" W, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 85.04 FEET TO A'A" IRON ROD WITH CAP SET IN THE WEST LINE OF SAID SOUTHWEST QUARTER AND SAID GRADED COUNTY ROAD FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N 0-05'25" E, ALONG SAID WEST LINE AND SAID COUNTY ROAD, A DISTANCE OF 2600M FEET TO THE PLACE OF BEGINNING. I, ROBERT L. SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BET I" SURVEYED RUNE 5, 2000 1 ROBERT L SM[ITH R.PJ_S. 3906 SLIP" } SURVEYORS REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. MONUMENTS INDICATED AS FOUND BY THIS SURVEY• A'R6 NOT "PHYSICALMONLRv X 'QF RECORD DIGNITY" UNLESS SO NOTED. i }t,..� �L,1 FOUND MONUMENTS ARE ACCEPTED BY THIS SURVE�Oj A3.t*TROLtjRd byIDENCEDUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. BEARINGS RELATIVE TO THE RECORD CALL OF TIO3 EAST I.Bgi OF,TP DIORTRFAL.F OF SECTION 23 r BLOCK E-2 (VOLUME 3504 PAGE 63). RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY AUX== TRAC'L-. Vm 1 ROB 00.0405B I • DOCUMENT NO. 31753 v% 682IPASt 58 FILF0 FOR RECORD 1000 SEP 25 A II: 15 SATE OF texas _ COUNTY OF LUBBOCK MW 4a+. of 1`; a ~ + °"° v.�. a tweak Cara nar a COUNTY euc■.rnyma counrr.r[tos 9ft7ow tome by M& .Su 26 '2w /V cotm� low I '�t S 1 k _ •'. NOr ALA rrE0 $ OUAKER a 4g �k =� { i)3 4 I i J�- ORLANDO S NORFOLK SECT/ON 5, BL OCt; AK Nor ftarrED E{ AVENUE r 9(P 7 I � •!y 0 I I i 4 AVE. _ ti l� ^` O g{ G i t 0 22 O 6 k �� C !3ti m m In z 1 z O 0 � I N o � �a(•I i r AVENUE Jill fill In 1Ih � g rm v—mo N dO o U) 000m� 0 AIR > -A� Z7 w ?� W CITY OF LUBBOCK DOGUMEN I NO. 1152.003 pl ' IIIIIIIIIIIIIIIIIIIIIIIIIIII 3 PGS PLANNING DEPARTIMLi P.O. BOX 2000 LUBBOCK, TEXAS ENT FOR UNDERGROUND WATER LINE THE STATE OF TEXAS § COUNTY OF LUBBOCK § That SORELLE PARTNERS II, LLC, a Texas limited liability company, hereinafter called "Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) to Grantor in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation, of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further benefits accruing and to accrue to the remainder of Grantor's property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, its respective representatives, franchisees, licensees, agents, contractors, successors and assigns (herein "Permitted Users"), for the use of the public as a perpetual and permanent underground water line easement, and easement for installation, use and maintenance of necessary above ground appurtenances including, but not limited to necessary valves, fire hydrants and meters, the free and uninterrupted use, liberty of passage in, along, on, over, upon, under and across a tract of land more particularly described as follows, to -wit: A tract of land located in Section 22, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a set 1/2" iron rod with cap which bears N. 00'04'54" E. a distance of 70.00 feet and S. 89°57'33" E. a distance of 62.65 feet from the Southwest corner of Section 22, Block E-2, Lubbock County, Texas; THENCE Northwesterly around a curve to the right, said curve having a radius of 30.00 feet, a central angle of 22°20'21", a chord bearing of N. 30'36'00" W. and a chord distance of 11.62 feet to a set 1/2" iron rod with cap; THENCE S. 89057'33" E. a distance of 236.52 feet to a set 1/2" iron rod with cap; THENCE S. 87005'48" E. a distance of 181.98 feet to a set 1/2" iron rod with cap; THENCE S. 00004'54" W. a distance of 10.01 feet to a found 1/2" iron rod with cap; THENCE N. 87'05'48" W. a distance of 182.22 feet to a set 1/2" iron rod with cap; THENCE N. 89057'33" W. a distance of 230.35 feet to the Point of Beginning; together with all rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining an underground water line or lines and associated above ground appurtenances, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged either in such construction and repair or the reading of meters. The easement herein shall entitle the CITY OF LUBBOCK and Permitted Users the right to remove or repair any water lines and associated above ground appurtenances within such easement as may be determined by utility companies without being responsible for the replacement of improvements, 1161003 LUUI.UMtN 1 NU. 115L.UW paving or surfacing necessitated by such removal or repair. The easement shall not be fenced or otherwise obstructed to the passage of vehicular traffic. In order to assure the said CITY OF LUBBOCK and Permitted Users, their successors and assigns, of continuing access and enjoyment of said easement, the said Grantor does hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent structure over the said property heretofore described and should such building or structure be erected, it is understood that the said CITY OF LUBBOCK or Permitted Users shall have the right to remove said building or structure from the premises. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK and Permitted Users, their respective successors and assigns, and any and all public utilities now or hereafter franchised by the CITY OF LUBBOCK to use the above described premises for so long as the public uses the same for the purposes herein granted. And AIMBANK, holder of a lien of record against the above referenced property, joins in the granting of this easement for the sole purpose of showing its assent thereto, and that it has no objection to the granting of the easement, and it hereby subordinates its lien upon the tract embraced within the easement as above described to the rights granted herein. WITNESS the execution of this instrument this 30 day of N&E"t 0f4Q— 2012. SORELLE PARTNERS H, LLC, a Texas limited liability company 1 � By:� Frank Sorelle, Manager AIMBANK By: -- (—�2' / Berry P , Senior Vice Nesident 2 DOCUMENT NO. 1152.003-J THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, being a Notary Public in and for the State of Texas, on this day personally appeared Frank Sorelle, known to me, or proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the instrument as the act of SORELLE PARTNERS II, LLC, a Texas limited liability company, and that he executed the instrument on behalf of the limited liability company for the purposes and consideration expressed, and in the capacity hereinabove stated. 2012. GIVEN UNDER MY HAND AND SEAL OF OFFICE KAREN L TAYLOR Notary Public i oy '�► 0# STATE OF TEXAS Exp. Nov.12, 2016 My Comm. THE STATE OF TEXAS COUNTY OF LUBBOCK "Al I , . , 11. !. I i 1 Public, State This instrument was acknowledged before me on the day of ��IiY1l�� ✓ , 2012, by Berry Pigg, Senior Vice President of AIMBANK, a state banking association, on behalf of said association. 04w AMY KATHRYN HUCKABEE ' .1, Notary Public. $tote of Texas My Commission Expires "+',,7,a February 23. 2016 FILED AND RECORDED ,Ott, i OFFICIAL PUBLIC RECORDS op Kelly Pinion, County Clerk Lubbock County TEXAS December 11. 2012 03:21:16 Pri 2012048894 FEE: $24.00 Prepared in the Law Office of: TIMBERLAKE, WEAVER & SHARP, P.C. 1408-A Buddy Holly Ave. Lubbock, Texas79401 S \MKR.\D-dap—AE—u Wow Lint Enc UXSORELLE-SNdtiu-WLE-Nov 2012 wpd ufw� Notary Public, State of Texas QUAKER AVENUE $ -" I Alp Y , O R k; 'S O f Roo�oo'sat zaa.w :WO !—IN H r n L a � W. gg soav*Uv awns• .. I N { AbT FLITTED I --- o �sgi9 � 0 10 Cl) co m D roaor��r�Z 0 c" ;u 0 cD ° 0 n z o65.> o F v-0._ .-� � o cD z Ln �o:rr_m EASEMENT DOCUMENTATION COUNTER TER FILING �OCUMENT NO. 1152.009 r h.h�IF�fah�J�f AMENDI W0I101 11111 AMENDED DEDICATION OF WATER LINE EASEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT JGK, LLC, a Texas limited liability company (Grantor), who is the sole owner of the property described in the attached Exhibit "A", not previously dedicated as a part of Water Line Easement shown in a Plat and Dedication Deed involving Tract "A" of the Tech Cafd Addition recorded in the Official Public Records of Lubbock, Lubbock County, Texas, which is attached hereto and made a part hereof as if fully copied herein at this point. Grantor, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate the waterline easement property described in the attached Exhibit "A", to the public forever, to be used for the installation, service, and maintenance of water lines related to Tract "A" of the Tech Caf6 Addition to the City of Lubbock, Lubbock County, Texas, as recorded in the Official Public Records of Lubbock County, Texas. This Amended Dedication is executed to expand the water line easement previously dedicated to a width of 20 feet. WITNESS MY HAND this b day of Z% a K W a YV , 2016. JGK, LLC, a Texas Limited Liability Company By: Jo G ousis, President 1 oC)l DOCUMENT NO. 1152.009 EXHIBIT "A" An additional ten feet wide water line easement part of Tract A of the Tech Cafes Addition out of Section 22, Block E-2, Lubbock County, Texas being parallel to and contiguous with the existing 10 feet water line easement on the south side of said Tract being further described as follows: BEGINNING at a point in the center of FM 1585 and the south line of Section 22 for the Southeast corner of Tract A whence a found railroad spike for the Southwest corner of Section 22 bears S 89°57'07" W, 1496.22 feet; THENCE N 00000'07" W 70.0 feet which is 10.0 feet past a 1/2" rod with an orange cap marked RPLS 4460 in the proposed North Right of Way line of FM 1585 for the Southeast corner of the Water Line Easement herein described being the Point of Beginning; THENCE N 00000'07" W 10.0 feet for the Northeast corner of the Water Line Easement herein described; THENCE S 89057'07" W 231.23 feet for the Northwest corner of the Water Line Easement herein described; THENCE South 10.0 feet contiguous with and parallel to the existing 10 feet Water Line Easement along the W side of Tract A for the Southwest corner of the Water Line Easement herein described; THENCE N 89057'07" E 231.23 feet contiguous with and parallel to the existing 10 feet Water Line Easement along the S side of Tract A for the Southeast corner of the Water Line Easement herein described to the Point of Beginning; FILED AND RECORDED OFFICIAL PUBLIC RECORDS c Kelly Pinion County Clerk Lubbock County TEXAS 01/06/2016 ll:il AM 2016000385 ! 1. I fl o I I-------------�--� N—lf I e o m z o i--- ICI I 7 six o J I pN I -- O0 in i �,ia le I f�/efM10e BMlkly ' I IN rl G I N L� L G g '• 482.78� I� N I A I I 9 Ig fill ri a_I@ I s €� d Iu a I I N3ry I. A �nN I3ryJ = I m I �c �_ 60.00' 482.58' 13 Norfolk Avenue x I ! 5 WOOWY E 542-W x �q+ Norfolk Avenue I c o o 3 I LLLJJJ I- I a I I L�J 4------------•--I i va i i �a q :P e$ fit M � !ax3 p+ z ROM4gyY2�.2�.1 R4 -'4 o�a•5i g § `�7 � ��}fb � ■ u ii 'oii j F aa° €g3 S ¢ 5.6 G' 1 Ss a a a8a �$ 3 �3s o- c o �^ ' 1 O rr \ 11 C7 � � c � n 0 x Q 0 O� Oe 0 O 0- N 0 77 0 0 0 c m z z 0 0 0 DOMINO'S EASEMENT DOCUMENTATION r CITY OF LUBBOCK DOCUMENT NO. 1297.019 M4034541 PLANNING DEPARTMEmi a PGS P.O. BOX 2000 LUBBOCK, TEXAS 79457 EASEMENT FOR UNDERGROUND WATER LINE THE STATE OF TEXAS § COUNTY OF LUBBOCK § That LUBTEX INVESTMENTS, LLC, a Texas limited liability company, hereinafter called "Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) to Grantor in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further benefits accruing and to accrue to the remainder of Grantor's property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, TEXAS, its respective representatives, franchisees, licensees, agents, contractors, successors and assigns (herein "Permitted Users"), for the use of the public as a perpetual and permanent underground water line easement, and easement for installation, use and maintenance of necessary above ground appurtenances including, but not limited to necessary valves, fire hydrants and meters, the free and uninterrupted use, liberty of passage in, along, on, over, upon, under and across a tract of land more particularly described as follows, to -wit: A 0.0069 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set for the Northeast comer of this tract which bears S. 88013152" E. a distance of 726.04 feet and S. 01146'08" W. a distance of 60.00 feet from the Northwest comer of Section 4, Block AK, Lubbock County, Texas; THENCE S. 01046'08" W. a distance of 10.00 feet to a 60 penny nail set for the Southeast corner of this tract; THENCE N. 88013'52" W. a distance of 30.00 feet to a 60 penny nail set for the Southwest corner of this tract; THENCE N. 01046'08" E. a distance of 10.00 feet to a 60 penny nail set for the Northwest comer of this tract; Payne. Lubtex. Sand Ridge A. UWL Page i DOCUMENT NO. 1297.019 THENCE S. 88013'52" E. a distance of 30.00 feet to the Point of beginning. Bearings are Relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are surface, U.S. Survey Feet; together with all rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining an underground water line or lines and associated above ground appurtenances, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged either in such construction and repair or the reading of meters; such grant, however, being SUBJECT TO the rights of Grantor to utilize all or any portion of the easement for ingress, egress and parking to, from and in relation to the property more particularly described in the Warranty Deed with Vendor's Lien dated September 19, 2013 in which "FP Investors I, LLC" is the "Grantor and Lubtex Investments, LLC is the "Grantee," recorded on September 24, 2013 as Clerk's Document No. 2013038789 of the Official Pubtic Records of Lubbock County, Texas (including the right to pave all or any portion of the easement as are necessary for such ingress, egress and parking). The easement herein shall entitle the CITY OF LUBBOCK, TEXAS and Permitted Users the right to remove or repair any water lines and associated above ground appurtenances within such easement as may be determined by utility companies without being responsible for the replacement of improvements, paving or surfacing necessitated by such removal or repair. The easement shall not be fenced or otherwise obstructed to the passage of vehicular traffic. In order to assure the said CITY OF LUBBOCK, TEXAS and Permitted Users, their successors and assigns, of continuing access and enjoyment of said easement, the said Grantor does hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent structure over the said property heretofore described (other than the paving as set forth above) and should such building or structure be erected, it is understood that the said CITY OF LUBBOCK or Permitted Payne. Lubtex. Sand Ridge A UWL Page 2 DOCUMENT NO. 1297.019 Users shall have the right to remove said building or structure from the premises. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, TEXAS and Permitted Users, their respective successors and assigns, and any and all public utilities now or hereafter franchised by the CITY OF LUBBOCK, TEXAS to use the above described premises for so long as the public uses the same for the purposes herein granted. FIRST BANK AND TRUST CO., being the only lienholder of record against the above described property, joins in this dedication for the sole purpose of showing its assent hereto, and it hereby subordinates its liens upon the above described property herein dedicated for public use. WITNESS the execution of this instrument this day of ey,14. LUBTEX IInESTMENTS, LLC, a Texas limited liability company �) By: Thomas K. P Print Name: /_$ fp Ow Title: <rhairmawc-90 THr STATE OF TEXAS COUNTY OF LUBBOCK 44� This ins ent w clmowledged bef a me on the day of 2014, byof FIRST BANK AND TRUST (��v Wt+arpAration, on behalf of said corporation. M O 9.V P U'q _ O = - Z }Q _ NotaryAlic,4tef Texas s'I q 0 Payne. LuWV.35flMdge A. UWL Page 3 DOCUMENT NO. 1297.019 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, being a Notary Public in and for the State of Texas, on this day personally appeared Thomas K. Payne, known to me, or proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the instrument as the act of LUBTEX INVESTMENTS, LLC, a Texas limited liability company, and that he executed the instrument on behalf of the limited liability company for the purposes and consideration expressed, and in the capacity hereinabove stated. 4441 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10 day of I�ay" , 2014. Notary lie, Stat exas FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS September 24, Z014 FEE: $33150 PM 002014034541 Prepared in the Law Office of: TIMBERLAKE, WEAVER & SHARP, P.C. 1408-A Buddy Holly Ave. Lubbock, Texas 79401 SWS Client Files: Payne.Lubtex Investtnents.Platting and Ease. Does. Water Line.Lubtex.5.5.14 Payne. Lubtex. Sand Ridge A. UWL Page 4 DOCUMENT No. -l297.020 IIIII�"qIIIIIIIIIIIIIIIIIII EASE 2014034542 (CITY OF LUBBOCK 5 PGS PLANNING DEPARTMENT P.O. BOX 2000 LUBBOCK, TEXAS 79457 EASEMENT FOR UNDERGROUND WATER LINE THE STATE OF TEXAS § COUNTY OF LUBBOCK § That FP INVESTORS I, LLC, a Texas limited liability company, hereinafter called "Grantor", for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) to Grantor in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further benefits accruing and to accrue to the remainder of Grantor's property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, TEXAS, its respective representatives, franchisees, licensees, agents, contractors, successors and assigns (herein "Permitted Users"), for the use of the public as a perpetual and permanent underground water line easement, and easement for installation, use and maintenance of necessary above ground appurtenances including, but not limited to necessary valves, fire hydrants and meters, the free and uninterrupted use, liberty of passage in, along, on, over, upon, under and across a tract of land more particularly described as follows, to -wit: A 0.0092 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being fiuther described as follows: BEGINNING at a 1/2" iron rod with cap set in the Eastern boundary of an 11.703 acre tract of land as described under County Clerk File Number (CCFN) 2013038789 of the Official Public Records of Lubbock County, Texas (OPRLCT), for the Northwest comer of this tract which bears S. 88°13'52" E. a distance of 836.54 feet and S. 01046'08" W. a distance of 60.00 feet from the Northwest comer of Section 4, Block AK, Lubbock County, Texas; THENCE S. 88013'52" E. a distance of 40.00 feet to a 60 penny nail set for the Northeast corner of this tract; THENCE S. 01 046'08" W. a distance of 10.00 feet to a 60 penny nail set for the Southeast comer of this tract; Payne. Lubtex. FP Investors. Sand Ridge. A UWL Page 1 LLOCUMENT NO. 1297.020 THENCE N. 88013'52" W. a distance of 40.00 feet to a 60 penny nail set in the Eastern boundary of said 11.703 acre tract for the Southwest corner of this tract; THENCE N. 01046'08" E., along the Eastern boundary of said 11.703 acre tract, a distance of 10.00 feet to the Point of beginning. Bearings are Relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are surface, U.S. Survey Feet; together with all rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining an underground water line or lines and associated above ground appurtenances, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged either in such construction and repair or the reading of meters; such grant, however, being SUBJECT TO the rights of Grantor to utilize all or any portion of the easement for ingress, egress and parking to, from and in relation to the property more particularly described in the Warranty Deed with Vendor's Lien dated to be effective November 2, 2007 in which Mark Robert Hancock, et al is the "Grantor" and FP Investors 1, LLC is the "Grantee," recorded on November 5, 2007 as Clerk's Document No. 2007044643 of the Official Public Records of Lubbock County, Texas (including the right to pave all or any portion of the easement as are necessary for such ingress, egress and parking). The easement herein shall entitle the CITY OF LUBBOCK, TEXAS and Permitted Users the right to remove or repair any water lines and associated above ground appurtenances within such easement as may be determined by utility companies without being responsible for the replacement of improvements, paving or surfacing necessitated by such removal or repair. The easement shall not be fenced or otherwise obstructed to the passage of vehicular traffic. In order to assure the said CITY OF LUBBOCK, TEXAS and Permitted Users, their successors and assigns, of continuing access and enjoyment of said easement, the said Grantor does hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent Payne. Lubtex. FP Investors. Sand Ridge. A. UWL Page 2 DOCUMENT NO. 1297.020 structure over the said property heretofore described (other than the paving as set forth above) and should such building or structure be erected, it is understood that the said CITY OF LUBBOCK or Permitted Users shall have the right to remove said building or structure from the premises. TO HAVE AND TO HOLD the above described premises, together with all and singular the rghts and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, TEXAS and Permitted Users, their respective successors and assigns, and any and all public utilities now or hereafter franchised by the CITY OF LUBBOCK, TEXAS to use the above described premises for so long as the public uses the same for the purposes herein granted. PLAINSCAPITAL BANK, being the only lienholder of record against the above described property, joins in this dedication for the sole purpose of showing its assent hereto, and it hereby subordinates its liens upon the above described property herein dedicated for public use. WITNESS the execution of this instrument this J �� y day of N�y, 2014. FP INVESTORS 1, LL Texas limited liability company By: Print Name: Rex Robertson Title:. Manager PLALNSCAPITAL BANK By:y Print Name: David_ R. Quintanilla Title: Senior Vice President Payne. Lubtex, FP Investors. Sand Ridge. A UWL Page 3 DOCUMENT NO. 1297.020 THE STATE OF TEXAS COUNTY OF LUBBOCK 41 This instrument was acknowledged before me on the day of U �►Y: 2014,by David R. Quintanilla, Senior Vice President------ of PLAINSCAPITAL BANK, a state banking association, on behalf of said association. °v"Yrl ` 1 r ICIA SANr HEZ �. Notary Public, State of Texas 10.13 2017 �-r THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, being a Notary Public in and for the State of Texas, on this day personally appeared Rex Robertson , ]mown to me, or proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the instrument as the act of FP INVESTORS I, LLC, a Texas limited liability company, and that he executed the instrument on behalf of the limited liability company for the purposes and consideration expressed, and in the capacity hereinabove stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 91k day of y, 2014. Y (-� LETICIA SPICHEZ ,.: kly vv�Il( dSSiwi : pa?s as 10.13.2017 Prepared in the Law Office of: TIMBERLAKE, WEAVER & SHARP, P.C. 1409-A Buddy Holly Ave. Lubbock, Texas 79401 I L� U- (k k-d)211-) � � Notary Public, State of Texas SWS Client Files: Payne.Lubtex Invesnnents.Platting and Fayt Docs. Water Line.Lubtex.5.5.14 Payne. Lubtex. FP Investors. Sand Ridge. A UWL Page 4 FILED AND REC0 DOCUMENT NO. 1297.020 uhu OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS September 24, 2014 03:14:50 PM FEE: $33.00 2014034542 j�J i� m A� ""•i • •a sorac'oew�, 9t .f III II 4 II I: I I, � Ili•• o �� m I�al }I z m } R-n 4 i� C) C) p �g4 �Q'3 aM� cn $ 1 � I FIRST PRESBYTERIAN CHURCH EASEMENT DOCUMENTATION -- I £ 3 is 5R : fig Z j y i X_ II I O 3 —— ~ -rs � xoo ux 00 rlf oist :, 4,4 y I lit � f-'� t 1 �e7J�' � �•�' ip( J -1 Nwn ? R r STONEBRIDGE APARTMENTS EASEMENT DOCUMENTATION II +f ( 7 FL-•� N43'13'I3w ---- W.---'�T 14.14 I6'47 T NOI'4V6'{YE sit I i k i s9 a } 501'pX48'7w e• ,. sort6•4w --------- � 0 0 0 c K m z z 0 0 O W �PY� ttif Y[j� EtI €>t3 €j €tt} (88 �Ee EY t��Y� 6li r' it �} �� $ fiit Y�i# II t1' n c o r "'I ia€ Y € 11 ic Et Y E P F� f1fE YSit °6alit _ o Nco%5 M J, Q Q o 1D •{ y n ('1 Nrg I (A Q MEMPHIS AVENUE EASEMENT DOCUMENTATION Counter Filing 4 PGS LViJUL1V�V File and Return to DOCUMENT NO. 1297.010 Dave Booher R.O.W. THE STATE OF TEXAS § /City of Lubbock n COUNTY OF LUBBOCK DEDICATION OF PUBLIC ROAD THAT FP INVESTORS I, LLC, do by these presents forever dedicate unto the CITY OF LUBBOCK, TEXAS (the "Grantee"), the free and uninterrupted use, liberty, privilege of passage, in, along, upon and across the property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), for the purpose of constructing, installing, maintaining, replacing and removing a permanent public road (the "Public Road") in, along, upon and across the Property and to construct culverts, bridges, drainage ditches, water lines and sewer facilities, and similar or related utilities and facilities under or across any portion of the Property, with the right and privilege at all times of the Grantee, its agents, employees, workmen and representatives having ingress and egress and regress in, along, upon and across the Property for the purpose of making additions to, improvements on and repairs to the Public Road, or any partthereof. All matters concerning the design, construction, installation, maintenance, replacement and removal of the Public Road shall be at the sole discretion of the Grantee. It is specifically understood that the Grantee and its assigns shall be vested with the title to and the right to take and use, without additional compensation, any stone, earth, gravel, caliche or any other materials or minerals upon, in and under the Property, except oil, gas and sulphur, for the construction and maintenance of the Public Road. It is further agreed that the Grantee, in consideration ofthe benefits set out above, will remove from the Property such fences, buildings and other obstructions as may be found upon the Property. Grantor does hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent structure over the Property; and should such building or structure be erected, it is understood that the said Grantee shall have the right to remove said building or structure from the Property. In the event that the City of Lubbock, Texas, shall pass an order declaring the Property to be abandoned for road purposes, then the Property shall revert to the Grantor or Grantor's successors in interest. WITNESS OUR HANDS, this the / f day of May, 2013. FP INVESTORS I, LLC, a Texas Limited Liability Company REX F. ROBERTSON, Manager STATE OF TEXAS COUNTY OF LUBBOCK Acknowledged before me, the undersigned notary, by REX F. ROBERTSON Manager of FP INVESTORS I, LLC, a Texas Limited Liability Company, in the capacity therein stated, on this day of May, 2013. $_YJL, EII=abeth 0 AAlller j.(,,o n lo:m� • ( 7 My Comrtdaeion Expires 04QU2018 otary Pu I' ,State of Texas Dedication of Public Road Kelsey Park - Tract F Page t of 2 DOCUMENT NO. 1297.010 LIENHOLDER CONSENT STATE OF TEXAS COUNTY OF LUBBOCK That COMMERCIAL STATE BANK duly organized and existing under the laws of the State of Texas, for and in consideration of the sum of TEN AND NO.'l00 DOLLARS ($10.00) cash paid, and for other good and valuable consideration, the receipt of which is hereby acknowledged and confessed, being a lienholder upon the above described property, does hereby consent and agree to the aforesaid Dedication and does hereby subordinate its rights in the above described property to the above dedication, as shown on the attached plat. IN WITNESS WHEREOF, the said COMMERCIAL STATE BANK has caused these presents to be signed by its duly authorized officers at Lubbock, Texas, this 114'aay of May, 2013. COMMERCIAL STATE BANK By: Printed ame: A LL^I Title: SN V . f - STATE OF TEXAS COUNTY OF LUBBOCK T 's instrument was acknowledged before me on this -lam- day of May, 2013, by �UQj1,41) Sr 1�;�s Pres►o�e ti{- of COMMERCIAL STATE BANK and in the capacity therein stated. �ppr �''��, EllZabeth D MiAer .�1� MY commission Expires pf�► �5/201a Dedication of Public Road Kelsey Park - Tract F 0I I I q/ mu 1 VA1.1. LIMA! RM'c, IFof Page 2 of 2 EXN 113 I T "A 111 DOCUMENT NO. 1297.01( HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK. TEXAS 79401 / 806-763-5642 / FAX 806-763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of a 1.564 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 4, Block AK, at the Northwest corner of this tract which bears S. 88°13'52" E. a distance of 2302.55 feet from the Northwest corner of Section 4, Block AK, Lubbock County, Texas; THENCE S. 88013'52" E., along the North line of said Section 4, at 337.50 feet pass a railroad spike found at the Northeast corner of the Northwest Quarter of said Section 4, continuing along the North line of said Section 4, for a total distance of 405.00 feet to a "hex" nail with washer found at the Northeast corner of this tract; THENCE S. 01 046'08" W. a distance of 60.00 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 46046'08" W. a distance of 42.43 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 01 046'08" W. a distance of 70.00 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 03052'08" W. a distance of 150.10 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 01 046'08" W. a distance of 340.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 43013'52" E. a distance of 14.14 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 0502122" E. a distance of 20.16 feet to a 112" iron rod with cap set for a corner of this tract; THENCE S. 46046'08" W. a distance of 14.14 feet to a 1/2" iron rod with cap set for the Southeast corner of this tract; THENCE N. 88013'52" W. a distance of 69.00 feet to a 1/2" iron rod with cap found at the Southwest corner of this tract; THENCE N. 43013'52" W. a distance of 14.14 feet to a 112" iron rod with cap found at a corner of this tract; THENCE N. 08053'38" E. a distance of 20.16 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 46046'08" E. a distance of 14.14 feet to a 1/2" iron rod with cap found at a corner of this tract; THENCE N. 01 046'08" E. a distance of 340.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 00019'52" W. a distance of 150.10 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 01 046'08" E. a distance of 70.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 43013'52" W. a distance of 42.43 feet to a 1/2" iron rod with cap set for a corner of this tract; Page 1 of 2 DOCUMENT NO. 1297Y I THENCE N. 88013'52" W., at 249.50 pass a 1/2" iron rod with cap found in reference, continuing for a total distance of 270.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 01 046'08" E. a distance of 60.00 feet to the Point of Beginning. Bearings are relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are Surface, U.S. Survey Feet. April 1, 2013 OF T Brent Carroll BRENT CARROLL Registered Professional Land Surveyor °P, 54 3 ? P No. 5410 State of Texas 9SSpP.- d• SLl4�v FILED AND RECORDED ,N4 of 1" �°•r - •r>,. OFFICIAL PUBLIC RECORDS �iy OFt�CL Kelly Pinion, County Clerk Lubbock County TEXAS May 23, 2013 O FEE: .$2833 P00 2013621040 Page 2 of 2 KNOXVILLE AVENUE EASEMENT DOCUMENTATION Cff6i . c"5 IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIfNlllllllllllllf DED 2014034535 C3PFICE PICKUP File and 1rn to Dave Booher R.O.W. 3 PGS City of Lubbock DOCUMENT NO. 1298.021 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS COUNTY OF LUBBOCK PUBLIC ROAD DEDICATION DEED FP INVESTORS I, LLC, a Texas Limited Liability Company (the "Grantor") for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration paid by the Grantee herein named, the receipt and adequacy of which is hereby acknowledged, has DEDICATED, and by these presents does DEDICATE to the PUBLIC and the CITY OF LUBBOCK, TEXAS, (collectively the "Grantee") the real property described on Exhibit "A" attached hereto and made a part hereof (the "Property") for use as a public street and right-of-way, and for such other uses as public streets may be used. The Property is conveyed by Grantor and accepted by Grantee subject to all easements, covenants, conditions, mineral reservations and leases, and other matters disclosed by the real property records of Lubbock County, Texas ("Exceptions"); TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, Grantee's successors and assigns forever; and Grantor does hereby bind Grantor, Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, subject to the Exceptions and ad valorem taxes for the current year, such Exceptions being agreed to by Grantee and such taxes being assumed by Grantee by acceptance of this Deed. EXECUTED this the J.-J. _ day of September, 2014. GRANTOR: FP INVESTORS I, LLC, a Texas Limited Liability Company By:. //Xz - REX F. ROBERTSON, Manager STATE OF TEXAS COUNTY OF LUBBOCK Acknowledged before me, the undersigned notary, by REX F. ROBERTSON, Manager of FP INVESTORS I, LLC, a Texas Limited Liability Company, in the capacity therein stated, on this U^'l day of September, 2014. ROSS A P1OBSTFOON N Pu ic, State of Texas MY COMMISSION EXPIRES (*�w- Seplerber24,2017 Public Road Dedication Deed Kelsey Park - Lots 138-199 Pagel of 2 iag0.oaI DOCUMENT NO. 1298.021 LIENHOLDER CONSENT STATE OF TEXAS COUNTY OF LUBBOCK That COMMERCIAL STATE BANK duly organized and existing under the laws of the State of Texas, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash paid, and for other good and valuable consideration, the receipt of which is hereby acknowledged and confessed, being a lienholder upon the above described property, does hereby consent and agree to the aforesaid Dedication and does hereby subordinate its rights in the above described property to the above dedication. IN WITNESS WHEREOF, the said COMMER AL STATE BANK has caused these presents to be signed by its duly authorized officers at Lubbock, Texas, this �ay of September, 2014. COMMERCIAL STATE BANK By: Printed N e: AL `I—. AIaS�i- Title: S R v - (� STATE OF TEXAS COUNTY OF LUBBOCK Z� A,,gThisinstrument was acknoNyledge before me on this j day of September, 2014, by _�,,, V JV-# L$i d,?*t ofCOMMERCIAL STATE BANK and in the capacity therein stated. Elizabeth �Miller ^1 My Commission Expires 04/25/2016 Dedication of Public Road Kelsey Park - Lots 138-199 otary PubV State of Texas Page 2 of 2 DOCUMENT NO. 1298.021 EXHIBIT "A" METES AND BOUNDS DESCRIPTION of a 1.265 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a crosshatch nail w/washer set in the North line of Section 4, Block AK, for the Northeast corner of this tract which bears N. 88' 13'52" W. a distance of 1235.57 feet from a railroad spike found at the Northeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE S. 01'46'08" W. a distance of 60.00 feet to a %2" iron rod with cap set for a corner of this tract; THENCE S. 46'46'08" W. a distance of 21.21 feet to a''/2" iron rod with cap set for a corner of this tract; THENCE S. 01 '46'08" W. a distance of 575.00 feet to a %2" iron rod with cap set for the Southeast corner of this tract; THENCE N. 88' 13'58" W. a distance of 60.00 feet to a %2" iron rod with cap set for the Southwest corner of this tract; THENCE N. 01'46'08" E. a distance of 575.00 feet to a %2" iron rod with cap set for a corner of this tract; THENCE N. 43' 13'52" W. a distance of 21.21 feet to a %2" iron rod with cap set for a corner of this tract; THENCE N. 88' 13'52" W. a distance of 235.00 feet to a'/2" iron rod with cap set for a corner of this tract; THENCE N. 01'46'08" E. a distance of 60.00 feet to a point in the North line of said Section 4, Block AK, for the Northwest corner of this tract; THENCE S. 88' 13'52" E., along the North line of said Section 4, Block AK, a distance of 325.00 feet to the Point of Beginning. CONTAINS: 55,125 sq. ft.-1.265 acres FILED AND RECORDED OFFICIAL PUBLIC RECORDS \t�Y:OF Kelly Pinion, County Clerk Lubbock County TEXAS September 24, Z014 FEE: $2943 PM 00 2014034535 I N DIANA AVEN U E EASEMENT DOCUMENTATION I DOCUMENT NO. 1153.002 I File and Return to Dave Booher R.O.W. City of Lubbock f II I IIIIiI 111111111111 Ilfllllll II IIIIII IIIIIIII STREET DEDICATION DEED THE STATE OF TEXAS KNOW ALL MEN BYTHESE PRESENTS: COUNTY OF LUBBOCK DEED 2009@42601 3 PGS That LAVONNE PRIDDY BAXTER and AMERICAN STATE BANK as Co - Trustees of the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER, the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER and LISA MICHELLE BAXTER, and the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER and ROBERT BRYCE BAXTER, herein called "Grantors", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, TEXAS, a Home rule Municipal Corporation, do hereby dedicate to the public for public use forever and for street purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A". TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public street purposes. WTTNESS OUR HANDS this ��_: day of „�,r°•�� , 2009. LAVONNE PRIDDY BAXTEI , as Co= T ustee of the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER, the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER and LISA MICHELLE BAXTER, and the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY "Trust for LAVONNE PRIDDY BAXTER and ROBERT BRYCE BAXTER AMERICAN STATE, BANK, as Co -"Trustee of the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER, the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER and LISA MICHELLE BAXTER, and the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY "Trust for LAVONNE PRIDDY BAXTER and ROBEI " WYCE BAXTER By: -- ----- -------- - Title: Eric Barbee - VIceres de—nT andl ust 0f icer / l iz- 2 0Aa-- LDOCUMENT NO. 1153.002 I THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me All ky-on this day personally appeared LAVONNE I'RID )Y BAXTER, as Co -Trustee of the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNF. PRIDDY BAXTER, the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY 'Trust for LAVONNE PRIDDY BAXTER and LISA MICHELLE BAXTER, and the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER and ROBERT BRYCE, BAXTER, known to me OR proved to me on the oath of _ OR through �K <, (Gk it o be the person whose name is subscribed to the foregoing instrument and acknowledge to me tat he executed the same for the purposes and consideration therein expressed, in its fiduciary capacity on behalf of the "Crusts. Given under my hand and seal of office this j.____ day of A)0d_-M6P__r A.D., 009 ,NMI/// 1 ROSANNE SEGOVIA *•= MY COMMISSION EXPIRES goto,L-7y September 16,2013aPublic, State of Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § Be a me on this day personally appeared 4t 1_/C of AM CAN STATE BANK, as Co -Trustee of the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER, the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER and LISA MICI-iELLE BAXTER, and the FERMAN ROYCE PRIDDY and GERTRUDE PRIDDY Trust for LAVONNE PRIDDY BAXTER and ROBERT BRYCE BAXTER, known to me OR proved to me on the oath of _ _ OR through to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed the same for the purposes and consideration therein expressed, in its fiduciary capacity on behalf of the 'Trusts. Given under my hand and seal of office this _'`I�:� day ofZi�L,M� A.D., 2009. EE ROSANNE SEGOVIA MY COMMISSION EXPIRES oauic, State of Texas September 16, 2013 rY SDD-Priddy.Ferman Etoyce&Gertrude 10.5.09 SI'RL-E"1 DE:DICATIUN 13FE-D FERMAN ROYCE & GFRI'RUDE PRIDDY,TRUSTEES DOCUMENT NO. 1153.002 ENGINEERING ABACU& SURVEYING 2737 81 ST STREET LUBBOCK EXHIBIT (806) 745-7670 It t t "Count on Parcel 22, Baxter Turn Lane FIELD NOTES on a 0.105 acre tract out of Section 22, Block E-2, Lubbock County, Texas and being further described by metes and bounds as follows: BEGINNING at a set 1/2" rod with cap (RPLS 4460) for the Southeast corner of this tract which bears N88°14'00" W. 54.98 feet and N01 °46'00" E. 40.00 feet from the Southeast corner of Section 22, Block E-2; THENCE N88°14'00" W, 40.00 feet to a set 1/2" rod with cap (RPLS 4460) for the Southwest comer of this tract; THENCE N01 °47'47" E. 20.00 feet to a set 1/2" rod with cap (RPLS 4460); THENCE N46°46'53" E, 42.44 feet to a set 1/2" rod with cap (RPLS 4460); THENCE N01 °4747" E, 204.00 feet to a set 1/2" rod with cap (RPLS 4460); THENCE N04°39'31" E, 200.26 feet to a set 1/2" rod with cap (RPLS 4460) for the most Northerly corner of this tract; THENCE S01 °47'47" W, 454.00 feet to the PLACE of BEGINNING and containing 0.105 Acres, including any Right of Way. These Notes are based on a Survey Made on the Ground. Jonathan M. Cieszinski RPLS # 4460 July 15, 2009 Bearings are based on the Texas North Central Zone Coordinate System Distances are Surface Distances FILED AND RECORDED �"`� qi• tf.r �.yi• OFFICIAL PUBLIC RECORDS 1�l;oFl. pa. Kelly Pinion, County Clerk Lubbock County TEXAS December 01, 2009 02:31:01 PM FEE: $24.00 2009042601 DOCUMENT NO. 1154.002 File and Returnto - -- Dave Booher R.O.W. ' IIIIIIIIIIIIIIIIIIIIIIIIIIII City of Lubbock DEED 2009041285 2 PGS STREET DEDICATION DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT ALBERT SKIBELL, INC., herein called "Grantor", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever and for street purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A". TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public streetposes. WITNESS MY HAND this 13 J day of 2 , 2009. ALBERT SKIBELL, INC. Title: �-- A--,,,-� )t�- THE STATE OF TEXAS COUNTY OF LUBBOCK 'BEFORE ME, the undersigned a thority, a Notary Public in and for said County, Texas, on this day personally appeared Ca.�ss ,f,E'� 6e// , known to me 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 and as act and deed of Albert Skibell, Inc. EN UNDER MY HAND AND SEAL OF OFFICE this day of OAVY M. BOOHER Notary Public, State of Texas My GmwdsNm Fx0res i2-16.2010 SM-Albert Skibell, Inc 8;27/09 Notary Public in and for the State of Texas My Commission Expires: %Z - /4-1-' - 2O /0 /s4_0oa [DOCUMENT NO. 1154.002 1 ENGINEERING ABAC &SURVEYING 2737 81 ST STREET LUB80CK, EXHIBIT (806) 745-7670 "Count on itpi- Parcel 23, Skibell Portion of Indiana Right of Way (South Part) FIELD NOTES on a 0 907 acre tract out of Section 21, Block E-2, Lubbock County, Texas and being further described by metes and bounds as follows: BEGINNING at the Southwest comer of this tract which bears N01'47'47" E, 40 00 feet from a railroad spike found and accepted as the Southwest corner of Section 21, Block E-2, THENCE N01'47'47" E, 718.34 feet to the Northwest corner of this tract from which a found railroad spike bears West, 0.14 feet; THENCE S88'00'06" E, 55.00 feet to the Northeast corner of this tract whence a found 112" rod bears West, 0 21 feet, THENCE S01'47'47" W, 718.31 feet to a set 1/2" rod with cap (RPLS4460) for the Southeast corner of this tract, THENCE N88°02'12' W, 55.00 feet to the PLACE of BEGINNING and containing 0.907 Acres, including any Right of Way These Notes are based on a Survey Made on the Ground. Jonathan M. Cieszinski RPLS # 4460 August 2, 2009 Bearings are based on the Texas North Central Zone Coordinate System Distances are Surface Distances FILED AND RECORDED by '1.•�t� .��n� OFFICIAL PUBLIC RECORDS 2F Kelly Pinion, County Clerk Lubbock County TEXAS November 19, 2009 10.33 35 AM _-, FEE' $20.00 2009041285 Cow`K " "`"� IIIIIIIIIIIIIIIIIIIIIIIIIIII; '�IIIIIIilllllllllilllll °E° 2@15@03389 Resolution No. 2015-R0009 9 PGS Fllc -mld Return to R.O.W. i u# �1�ec'�+ STREET AND PUBLIC USE DEDICATION DEED DOCUMENT NO. 1299.005 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT W.D. VARDEMAN, a single man, RAYMOND DEAN VARDEMAN, joined pro forma by his wife, LACY ELISE VARDEMAN, WENDELL KEITH VARDEMAN, joined pro forma by his wife, LESLIE KAY VARDEMAN and HOLLY JOY VARDEMAN SCHELLHASE, joined pro forma by her husband, JAMES ALBERT SCHELLHASE, hereinafter referred to as "Grantor", whether one or more, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever and for street purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A„ TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public purposes. rr,, WITNESS MY HAND this day of 2014. GRANTOR: W.D. VARDEMAN LACY ELISik VARDEMAN, pro forma zk, "�� / i6y4z & �/Zl, - - - L SLIE KAY VARDEMAN, pro forma /", - A, 17 raftfle "AFL kMW144t1 HOLL ARDEMAN SCHELLHASE JAMES ALBERT SCHELLHASE, pro forma /All oos- DOCUMENT NO. 1299.005 Resolution No. 2015-R0009 STREET AND PUBLIC USE DEDICATION DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT W.D. VARDEMAN, a single man, RAYMOND DEAN VARDEMAN, joined pro forma by his wife, LACY ELISE VARDEMAN, WENDELL KEITH VARDEMAN, joined pro forma by his wife, LESLIE KAY VARDEMAN and HOLLY JOY VARDEMAN SCHELLHASE, joined pro forma by her husband, JAMES ALBERT SCHELLHASE, hereinafter referred to as "Grantor", whether one or more, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever and for street purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit «A„ TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public purposes WITNESS MY HAND this day of NOyEtj �E�. , 2014. GRANTOR: W.D. VARDEMAN RAYMAND DEAN VARDEMAN WENDELL KEITH VARDEMAN LACY ELISE VARDEMAN, pro forma T forma pro DOCUMENT NO. 1299.005 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on V I , 2014, by W.D. VARDEMAN. p n CO THE STA 'OF`�''XAS COUNTY OF l-t br& Notary Public Wafo State of Texas My Commission Expires: I�' �- rI This instr \u> �,>��„yeas acknowledged before me on No V , 2014, by RAYMAND DEAd wife, LACY ELISE VARDEMAN. ajF OF Notary Public in nd fo the State of Texas 12'II1 2i02oo` My Commission Expires: THE STATE OF TEXAS § COUNTY OF LIB IJ i § This instrument was acknowledged before me on l� 2014, by WENDELL KEITH VARDEMAN and wife, LESLIE KAY VARDEMAN. Notary Pu lic in ran f r the State of Texas My Commission Expires: DEDICATION DEED DOCUMENT NO. 1299.005 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on ZZ b11 96" b`� , 2014, by HOLLY JOY VARDEMAN SCHELLHASE and husband, JAMES ALBERT SCHELLHASE. �a v L W/ "#, Not Public in and for the State of Texas o 9� q s My Commission Expires: �'�� •. Fjlp�j5,•�w 1'ys�4.19-20— r DEDICATION DEED DOCUMENT NO. 1299.005 THE STATE OF I''TEXAS § COUNTY OF IJ�JWa*— § This instrument was acknowledged before me on v t , 2014, by HOLLY JOY VARDEMAN SCHELLHASE and husband, JAMES ALBERT SCHELLHASE. Notary Public i an for the State of Texas h F � of My Commission Expires:12 - FxaiRE. 1 '/llulnlnrll``� DEDICATION DEED DOCUMENT NO. 1299.005 Exhibit A Legal Description of Street and Public Use Dedication Deed DEDICATION DEED SO A LUBBOCK SANITARY SEWER EXTL 'O Parcel 7 - Street and Public Use Dedication DOCUMENT NO. 1299.005 PERIMETER SURVEY OF A 1.242 ACRE TRACT LOCAT , SECTION I. BLOCK AK LUBBOCK COUNTY, TEXAS SCALE: 1 "=200' 2.690 ACRES p STRIPES, LLC ? Q /3.156 ACRES CGP#2t2/2009889 UNITED SUPERMARKETS, LLC _ CQC#20130083/8 40'S7A7,1 cr TEXASA&WWA d:ENT L 1 _ SE'C7X1YPZ R[Q�rE-P PIZ. PG 4O 40'STATE TTTEXAS Al'... ASEAE"NT 4o's'ATF6FTEXAS rfGywarEASESENr SEC7"V :Z �abYE-2 F.M. 1585 N SECnav F 6COgYAK IKY. 487, FG 54 `rx• 4eL� 4i .I 1301h STREET 4o'srATEa<TExAs/x�vwArEASE,ti"NT POINT OF BEGINNIN�`�T-Q-WAY `~ KY• 490 7A L3 colwaxwmo, I I 01 20.027ACRE REMAINDER OF THE NIP OF SECT/OW /, RLOa( AK VARDEMAN I I _ VO'-. 4449, PG. 347 a Line Table O �I Line # Length Direction HELL 320.20 A07ES I Ll 49.77' S88" 02' 16"E FP1ftES7-0R5, LLC CC)cAF007044643 I I L2 90.00' 1 SO ° 46' 06"W L3 15.23' S880 01' 49"E II L4 220.001 SO1" 46' 06"W I I O L5 200.25' SO4° 37' 50"W L6 423.97' SO ° 46' 06"W II L7 55.00' N88° 02' 1611W L8 934.00' NO1" 46' 06"E I I 106.669 AQ?ES Note: No abstract of title or title commitment was provided to this /585 DEPELOOEMENT, LLC surveyor. Record research done by this surveyor was made only for CLF#2t7/4024569 the purpose of determining the boundary of this property and of the adjoining parcels. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002488 Surveyed on the ground. October 21, 2014 Jo . Allen Registered Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. o- FOUND CROSS CUT NAIL O- FOUND 1/2" IRON ROD WITH CAP o- SET 1/2" IRON ROD WITH CAP •- SET MAG NAIL WITH SHINER v OF ?, A legal description of even survey date herewith accompanies this plat of survey. 4+�b1STgSheet 1 of 2 co JOHN E. ALLEN HUGO REEE7 .o 5895 y Q,' IARAND ASSOCIATES, INC. •� 'Po ��' O LAND SURVEYORS 1601 AVENUE N SSI �� CIVIL ENGINEERS LUBBOCK. TEXAS 79401 1) T� TEXAS LICENSED SURVEYING FIRM 100676W PHONE: 806 / 763-5642 SU TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF N and any other identifiers as indicated in the certificate shown hereon. SO -I LUBBOCK SANITARY SEWER EXTE iON I DOCUMENT NO. 1299.005 Parcel 7 - Street and Public Use Dedication PERIMETER SURVEY OF A 1.242 ACRE TRACT LOCATED IN SECTION I. BLOCK AK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.242 acre parcel located in Section 1, Block AK, Lubbock County, Texas, being a portion of the North Half (N/2) of said Section 1, Block AK, described in Volume 4449, Page 347, Real Property Records, Lubbock County, Texas, being further described as follows: BEGINNING at a cross cut nail found at the common corner of Sections 1 and 4, Block AK, Lubbock County, Texas, and at the Northwest corner of said N/2 of Section 1, Block AK, and at the Northwest corner of a 40.00 foot State of Texas Highway easement described in Volume 490, Page 701, Deed Records, Lubbock County, Texas (DRLCT), for the Northwest corner of this parcel; THENCE S. 88002'16" E. along the North line of said N/2 of Section 1, Block AK, and along the North line of said State of Texas Highway easement a distance of 49.77 feet to a point, for the most Northerly Northeast corner of this parcel; THENCE S. 01 046'06" W. at 40.00 feet pass the Northwest corner of a right-of-way dedication described in County Clerk File Number (CCFN) 2009043601, Official Public Records, Lubbock County, Texas (OPRLCT), continuing along the West line of said right-of-way dedication a total distance of 90.00 feet to a 1/2" iron rod with cap found at the Southwest corner of said right-of-way, for an 'ell' comer of this parcel; THENCE S. 88001'49" E. along the South line of said right-of-way dedication a distance of 15.23 feet to a 1/2" iron rod with cap found at the most Southerly Southeast corner of said right-of-way dedication, for an 'ell' corner of this parcel; THENCE S. 01046'06" W. a distance of 220.00 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 04037'50" W. a distance of 200.25 feet to a 1/2" iron rod with cap set for a corner of this parcel; THENCE S. 01 °46'06" W. a distance of 423.97 feet to a 1/2" iron rod with cap set in the North line of a 106.669 acre tract described in CCFN 2014024569, OPRLCT, for the Southeast corner of this parcel; THENCE N. 88002' 16" W. along the North line of said 106.669 acre tract, at 9.12 feet pass a 1/2" iron rod with cap found in the East line of a variable width road easement described in Volume 1525, Page 719, DRLCT, continuing for a total distance of 55.00 feet to a mag nail with shiner set at the Southernmost Northwest corner of said 106.669 acre tract and in the common line of said Sections 1 and 4, Block AK, and in the East line of a 320.20 acre tract described in CCFN 2007044643, OPRLCT, and in the East line of a variable width right-of-way described in Volume 1486, Page 905, DRI-CT, for the Southwest corner of this parcel; THENCE N. 01046'06" E. along the common line of said 320.20 acre tract and said N/2 of Section 1, Block AK, and along the common line of said variable with right-of-way and said variable width road easement, and along the common line of said Sections 1 and 4, Block AK, a distance of 934.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002488 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 21, 2014 LrL21 E, oz, EAllen Registered Professional Land Surveyor No. 5895 State of Texas OF l_ �qI S T��A�dU JOHN E. ALLEN �j•��DAL7SSI�l1e Sheet 2 of 21 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK. TEXAS 79401 TEXAS LICENSED SURVEYING FIRM IOD676-W PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc- for the sole use of Title Co - for GF # and any other identifiers as indicated in the certificate shown hereon. DOCUMENT NO. 1299.0G FILED AND RECORDED `T10;c1 1.:v OFFICIAL PUBLIC RECORDS Clerk Count y Kelly Pinion, Lubbock County TEXAS February 04, 2015 0g:37:30 AM 701 W389 FEE: $54.00 INDIANA A VENUE 1= I i13n � eEe i " tT— �I I mi Han 15-A 0 O 0 C K m z z O Ln 0 b C z m 0 N P -� m=z OOm o � N sn �7 D n W w z n n oC5 m 0 r� D N o ODv o, z FLINT AVENUE EASEMENT DOCUMENTATION !• voE� g i6 i Ffit ; a i' 7 E , I it r ! i � rr r i I ri I , " r ' ' ' r r r ■ Y k r ir ! ------- LGENE VA AVE. _ r / y i I I I � f I r r r s r ' • � •IIVtyE Vs! ' i i L J `-______1__�� I r 1 �ro_q_s_rmu® r r, 1p $ y i3i i i 8 �---------- ----- - i 1 r¢:iZ �? $ - C R �• e , 3 dA y : r �yid� b ru _�___��'•4 oy Ii I r r -------------- I ------------ i�� ' Y ' • FLINT AVENUE ' __�' 1. -•-_-_ z ' I 6[rgy,ylmII • .dW4 i -------- aa! d x IX 21 i g� � y EL9IRE pip €��liAkEi�P #Q¢ a ga i# x: v€va 3� g¢¢g nggff� � i iil�a �'� i!§y3181SbW R3€`��rr MR, .41 gip;:' i; 89n $BiA�4;`g! Angie E p V !t� 6 s€� 1 " � �, p 9 � i �t aie g€ggyp#p figg° �ESs,s, �E� � "�a ;1n3� � � •tAo � D • §R #$C aCi •2•eF c F"ai 5 W N . m Jill, .•,j$j$l aa W C g °s ; + # @ R ! R2 n i i !r Ill 4 � ? r;C : i cn i rn i �3 UNIVERSITY AVENUE EASEMENT DOCUMENTATION DOCUMENT NO. 1155.0 77 grantee herein, his or its agents, employees,-wozikmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said road, or any part thereof. It is specifically understood that the County and its assigns shall be vested with the title to and the right to take and uses without additional compensation, any stone, earth gravel, oaliche or any other materials or minerals upon, in and under said land, except oils gas and sulphur, for the construction and maintenance of the Highway System of.Lubbock County And it is further agreed that Lubbock County, Texas in consideration of the benefits above set out, will remove from the property above described such fences, buildings and other obstructions as may be found upon said preniess. To have and to hold unto the said State of Texas as aforesaid for the purposes aforesaid the premises above described. Witness our hands, this the 27 day of Aug., A.D. 1951. C.C. Webb Mrs. C.C. Webb THE STATE OF TEXAS COUNTY OF LUBBOCK Beforq&e, Al O'Brien, a notary public in and for said County and State, on this day personally appeared C.C. Webb known to me 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 hand and seal of office, this the 27 day of Aug., 1951. (S.3AL) AL O'BRIEN, Notary Public, in and for Lubbock County, Texas. SRE STATE OF TEXAS COUNTY OF LUBBOCK Before me, Al O'Brien, a notary public in and for said County and State, on this day personally appeared Mrs. C.C. Webb, wife of C.C. Webb, known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she the said Mrs. C.C. Webb, acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. Given under my hand and seal of office, this the 27 day of Aug. 1951. (SEAL) AL O+BRIEN, Notary Publio, in and for Lubbock County, Texas. Filed for record the 12th day of Sept., A.D. 1951 at 8140 o'clock A.M. and / Recorded the 13th day of Sept., A.D. 1951 at 2r00 o+clbek P.M. Y/ Louie F. Moore, County Clerk, Lubbock County, Texas, mfo 14592 STATE OF TEXAS COUNTY OF LUBBOCK : KNOW ALL MEN BY THESE PRESENTS: That Mrs. Taxis Nabors of Lubbock County, Texas, in consideration of the sum of One Dollar and other good and valuable consideration in hand paid by the County of Lubbock, aoti through the County Commission, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the County of Lubbock, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following land(s) in Lubbock County, Texas, owned by--, and being subject to: All liens, 65--t9©7 . V 01 4So ry IDOCUMENT NO. 1155.007 1 13,easos, and easements are shown by record title. lion(s) held by ---- easement(s) held by ---- lease(s) held by ---- being particularly described as follows, towitt A strip of land 40 feet wide off of thskact aide of the Southeast } of Section 21, Blk. E-2, Lubbock County, Texas and being more particularly described as follows: Beginning at a point in the center of a Worth -South and West County road for the Southeast corner of Section 21 and for the South- east and beginning corner of this tract; Thence North 2640 feet along the centerline of the county road to the North property line; . . . Thence West 40 feet to a point; Thence South 2640 feet to the.South Section line of Sec. 21; Thence East 40 feet to the point of beginning; For the purpose of opening, constructing and maintaining a permanent road in, along, upon and across said premises, with thb right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said promisee for the purpose of making -additions to, improvements on and repairs to the said road, or any part thereof. It is specifically understood that the County and its assigns shall be vested with the title to and the right to take and use, without additional compensation, any stone, earth, gravel, callohe or any other materials or minarals upon, in and under said land, except oil, gas and sulphur, for the construction and maintenance of the Highway System of Lubbock County Texas. And it is further agreed that Lubbock County In consideration of the benefits above set out, will remove from th4roporty above described, such fences, buildings and other obstructions as may be found upon said premises. To have and to hold unto the said County as aforesaid for the purposes aforesaid the premises above described. Witness my hand, this the 4 day of Sept., A.D. 1951. MRS. TEXIE NABORS. THE STATE OF TEXAS : COUNTY OF LUBBOCK . Before me, A1.O1Brien, a notary public in and for said County and State, on this day personally appeared Mrs. Toxic, Nabors, known. to me 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 hand and seal of office, this the 4 day of Sept. 1951• (SEAL) AL OIBRICN, Notary Public, in and for Lubbock County, Texas. Filed for record the 12th day of Sept., A.D. 1951 at 8:40 o'clock A.M..and Recorded the 13th day of Sept., A.D. 1951 at 2t00 o'clock P.M. / Louie F. Moore, County Clerk, Lubbock �[''H E S T Al T" . O%F•' T11 HkA-:p1rYS. County uf. _ L I Ubbk -ckr Before .ne, Al •-II1Sr art ;R� r amotary. public ih and for said County andrState, on s: this day persor illy appeared Z. ';Sooh�ia•:IrtalYett,a widox _ _- ; , %r r' _ � ` _' .� ---- ._ _ .,;known •to me (ec-Areve'',=te-rne•°r� - x l I I -) to be the person--. ',vhose name._._ s • . •� `w.aia m that sh�.�_ "executed t} e same theAtaegoingrmst^ument-and acknowledge,o is_subscribedto u r{or the .purposes jcoiiyiddvation t ern expreaped`' k �+ iik� x tc da �fZN��t a _ ls_53;_�• Ckiven;under my[hand.and,sealp:o, off,ce„thi sbe .1YL rr. n nd'for ijuhb2ck r ��" '..County ,Texas. R otary Puyc in a y ', lfw�,t �r `' l � 'r •'t yi I .x y i f: Ln l�I ,.�� 17 Q: �) m I I � I n➢� ; t��, `� r .�. W E"�s r � arw ' c t I i GC �� I �i S fit• ! -I � � r t ,I �e,l � I- iO x Sa. CaMStvS:t a Lw � t is1;r� � �:: c•r s >, � s�' sz I gr'1'.� ,� � � •� ,q7—�� 'o FFS;r.I� x'� ��,}H�,[F`�`.'s��'.L7�� 7i>7 I•` � tY.11P i o •o T' ,� o �{��,i,,y� FY lH riE�t.•{� f. ,_+� .> I i,, y� ,�* a.tIli°T.vi W �Y Vp�"xU+L.It% tf 1r yS, j GSr R 'Ella C I H 6 i' sty, r`'"Ek��''*'4t„i'�u �rrT ti - dr X •Y�= 7 ryyi_,, y�r34`J,:: ;1• .i ,r , t• - r JS Y.."1• - 1 S• S``'',fLwiL`.wr; t ta,-y, `'�•; _ - �,�,,:k.� Vail 1-. ti., rhr 15,:¢. r } ;E A.•_� �.a +�- ii 7n .r VR,I�GIHTc O FrW777■AYrE,A S E,M ESN Tit i.- f*F �aa a,;yr^y [ t� ;.• s Al s�:•' 1 �+�';.,... a:%;Y ..�sPss':.:r. a��; i iri Yu ��,•Y._^� .s j..r ' tr j„ .! N rx •r H ',ry2 xir-f�£'FSTATEOFTEXASG�^_y'�i'F x' �• ',�".Gr r. d i +�.` r • -ESENTS •�ib5, ,P„� r , C� �� KNOW.fALL �lEN BY THESE • Pfi L•r' ,'[`•ubbo-cY,cjti_'yhv�:�4. {;I" iq y� 5y+c S �+ ne b iit vrife, bocRuse;tiiis brad of aSrr�ii'r`; a?� 'fr �",THAT'"''• ��R I:�Stewt�rt , no�i. dt 5 3•� , rafy[�'ji �f. �.��` "^o T•�. .��..p,�, diK��;+"'�, t•F, ads .>.. f {�. • i.i ,-:�ti r ,� , ^� �' , 7 ,�FxTf 5• ��•�-�rt'�•��nn�i��,rv``�r,'��t�no tF �� v�h�"a�9°`been aeol'er•edim. hoh,estead+ K t �- } r' -r � ?.ta�.n•��2FYi:'�.t]'.��I�l�-�e�o�S �i�^SZh �,.1�.,5:.YSrs .,:.'i`,i."a:.. xtiiSt�.��Y..,sk.•;.l,Y»r..r-kTi. <.R.�•�LrLa..�.-_. -•'r� and beingparticularly described��-�;; ."' �;; �i.di�. '•n ,•-.`��L '•�''.VQ�` .• "• , ' ns,.tollow$to ;wit:' PAGE1�t�, , e,trip of 'land • out qf, ection to P31e°rf''&nd� Section:•l,BI'�} FlK; t : s, , J. 'bubbocx Obanty,Te� i s;de'scribod. a's f;allcv`rs;• _;. •,: Bcg'inninga't ":.:the Iioitheast• ccrner oi= sayYci, Se?c:•l ,' ' . . . 1 Thence ?lest 40'. feet to a7.j10.unt`; �f 'alience Sovth;a0' foot Trott of d" parallel tc the conter of ther:br'sent, ' r. a..a read alid Bast section:•]ino '?•tb'a ncin kh .they ;otith property li e.;' C _ ahence Gast 40 ;foot t(:, a I)`oin South oa�operty,. Lind ahe, '`lhence 2est 40 f.oet'to a.`point i� ittio of: R,L;°•tevrartt•tract i•n' 3ec.1uE31k.E; _. Thence North to a p. in:t 10%feet solit'li of pre'sont i-rrig'atiorr hell; Y +'iler'ice Tie9t C•,.fee't to ar.•point;; Thence Norti, 20 .feet to a.point; = tiff Trenee ast'j .Soot• to a point;. ' a'0 fe-.t •from and paraLI 01 .1,o tlio- "t tr section 'fine off t Thence .lioi:th, , 'sa-is Sec•::16, 'to a paint in' the .N.orth 'so ctro;il'•ijnel,of snai.d_section 'Therlee 4�e, �ti0; fcott•'to the place of bed ,dud tnc J.t e'x#.cnds in-' bO'-'d�.ng now located ont the••Southeart coraen of to. shove.tract e, moved,theri build;bri be,' ,Th`'., :ecerzxequest,ed_to tire• right=of.-way one(1') foot. I£; the the building yi11,tie moved at the cost o£ 1•ubbock Coanty. For the purpose-of,opening,.constructing and maintaining, a pernianen[.—_CAI;— !'-in,'along, upon•and .across . said premises, t•ith the right and pris,ilegeat all times o0the p anlee=titrcin ,hisoi its agenis,,implovec - v.orkmen �" n' along u onmid across said premsicc for the ��.tpose of', and representatives having ingress;.c6AS, and regres's.,._ , 8,. ! i, road _. or an making additions to, improvements_ on and repairs to. the^sin _ _ y. Ii�irt thereof.- It is specifically *understood- that the County of Lubbock; Texas:tand jts assignsshallkt,e vested_wnhlthe title'to and uric right,to take and vse, without additional compensa.tion,.any stone, 'earth` gravel, raliche or any other mate[= ' ials or minerals upon,in.and under said land, -except •oil, gas Ad sulphur, for. the cotistruction and maintenance of, •-.1+ the County Road System of Lubbock,Cou n ty, Texas. - And it is further agreed that '.—��b-b-L-G �iQl�?ati•— — -"-- `%, in consideration of the benefits above set oui, will•remove from the, propertv.above described such fences, buildings and other obstructions as may be found upon said premises. .• , TO HAVE AND• TO HOLD unto the said County of Lubbock as aforesaid for the purposes aforesaid the premises above described. "*,A , Witness__�hand_ this the__ � clay of_ A. D. 19b� SINGLE ACKNOWLEDGEMENT THE S:L.A.TE OF TEXAS 1 County of • Lubbock a t Before' me, tit (a' fi T'le n• a notary public in and ;foF said, County and State, on this day personally appeared R'.L.Stewarz ___-- — known to me-(prTr-,4Azn"q%}nm tL'&61iT6ta__ ;�-�r��ifldil �lQlPn2,i to be the person—_ whose namc_— sObscrihed to the foregoing instrument and •acknowledged to me that he_ executed the same for . `the purposes and considerations therein expressed. AJ/ Given underr:ly hind and seal.. of office, this thy_ z 19day of ------ '= o• rien� �F. S.Y" Notary Public in and for_—. .1411bho ck _-___--County, Texas W LAj W wR � • t Q • y .o w F1 ED Off RECO D z b o' z u' li a t'aoaSY r •Lii Y Gowtl •t I en T. 1 0 ATTACHMENT "I" ADVANCED FUNDING AGREEMENT CSJ # 1501-02-029 District # 5 Code Chart 64 # LBB Project: SL-88_ STATE OF TEXAS § COUNTY OF LUBBOCK § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation ("State") and City of Lubbock ("Utility"), WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads and highways that comprise the State Highway System; and, WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code §227.015, and Transportation Code §203.092 authorize the State to regulate the placement of public utility facilities along a state highway; and, WHEREAS, Texas Transportation Commission Minute Order Number authorizes the State to undertake and complete a highway improvement generally described as: ("Project"); and, WHEREAS, Utility possesses facilities that are affected by the above mentioned highway improvement and Utility, and the State agrees that it is more economical or efficient for such relocation to be effected by including said contract in the State's highway construction contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the State and Utility do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and Utility will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which are eligible for relocation reimbursements or for which Utility has requested and has agreed to pay for as described in Attachment A - Payment Provision and Work Responsibilities, which is attached to and made a part of this contract. In addition to identifying those items of work to be paid for by payments to the State, Attachment A - Payment Provision and Work Responsibilities, also specifies those Project items of work that are the AFA—AFA Utility Page 1 of 5 Revised 08/26/2013 CSJ # 1501-02-029 District # 5 Code Chart 64 # LBB Project: SL-88_ responsibility of Utility and will be carried out and completed by Utility, at no cost to the State. The Utility shall be responsible for costs that are shown on Attachment B, Estimated Utility Costs, which is attached to and made a part of this agreement. B. If the Utility will perform any work under this contract for which reimbursement will be provided by or through the State, the Utility must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Utility shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Utility or an employee of a firm that has been contracted by the Utility to perform oversight of the Project. The State in its discretion may deny reimbursement if the Utility has not designated a qualified individual to oversee the Project. C. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 3. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project or utility work is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, Utility will be responsible for the payment of Project costs incurred by the State on behalf of Utility up to the time of termination. 4. Right of Access If Utility is the owner of any part of the Project site, Utility shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 5. Adjustments Outside the Project Site Utility will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 6. Responsibilities of the Parties and Indemnity Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in a joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. To the extent permitted by law, Utility agrees to indemnify and hold harmless the State, its agents and employees, from all suits, actions, or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence with the performance of design, construction, maintenance, or operation of the Utility facility. Such AFA—AFA—Utility Page 2 of 5 Revised 08/26/2013 CSJ # 1501-02-029 District # 5 Code Chart 64 # LBB Project: SL-88 indemnity includes but is not limited to any claims or amounts arising or recovered under the "Worker's Compensation Law", the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. 7. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between Utility and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 8. Successors and Assigns The State and Utility each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 9. Amendments By mutual written consent of the parties, the scope of work and payment provisions of this agreement may be amended prior to its expiration. 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A - Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Utility Accommodation Rules as set forth in 43 Texas Administrative Code §21.31 et. seq. adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 11. Maintenance Upon completion of the Project, Utility will assume responsibility for the maintenance of the completed Utility facility unless otherwise specified in Attachment A to this agreement. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: AFA—AFA Utility Page 3 of 5 Revised 08/26/2013 CSJ #_1501-02-029 District # 5 Code Chart 64 # LBB Project: SL-88_ Utility: State: Director of Contract Services Office Texas Department of Transportation 125 E. 11 th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 14. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. 15. Access to Information The Utility is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. AFA—AFA Utility Page 4 of 5 Revised 08/26/2013 CSJ # 1501-02-029 District # 5 Code Chart 64 # LBB Project: SL-88_ THIS AGREEMENT IS EXECUTED by the State and the Utility in duplicate. THE UTILITY Signature Typed or Printed Name Title Date THE STATE OF TEXAS District Engineer Date AFA—AFA Utility Page 5 of 5 Revised 08/26/2013 CSJ #_1501-02-029 District # 5 Code Chart 64 # LBB Project: SL-88_ ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES 1. Description of the Work Items The parties agree that the existing sanitary sewer line shall be relocated and adjustments shall be made along SL 88. The sanitary sewer facilities shall be owned, operated, and maintained by Utility from and after completion and final acceptance by the State and Utility. The estimated total construction cost for the relocated and adjusted facilities is $4,040,815.00. The parties agree that it is their intent to complete the relocation improvements within this estimate of cost. 2. Actual Cost Agreement Utility will be responsible for paying all costs associated with the planning, specification, and estimate (PS&E) development, and construction of the proposed utility work to the extent such is not reimbursed pursuant to state law. All the costs associated with construction of the sanitary sewer line items for the Project shall be provided as defined under the Standard Utility Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed between the State and Utility. 3. Schedule of Payments A. At least forty-five (45) days prior to the date set for receipt of the construction bids, the Utility shall remit its remaining financial share for the State's estimated construction oversight and construction costs. Utility must advance to the State one hundred percent (100%) of its share of the estimated Project utility construction costs. The amount to be advanced for the utility improvements is estimated to be $95,262.58. (See Attachment B — Estimated Utility Costs) B. In the event the State determines that additional funding is required by the Utility at any time during the Project, the State will notify the Utility in writing. The Utility is responsible for one hundred percent (100%) of the authorized project cost and any overruns. The Utility will make payment to the State within thirty (30) days from receipt of the State's written notification. C. Whenever funds are paid by the Utility to the State under this agreement, the Utility will remit a warrant made payable to the "Texas Department of Transportation Trust Fund." The warrant will be deposited by the State in an escrow account to be managed by the State. Until the final Project accounting, funds in the escrow account may only be applied by the State to the Project. D. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Utility, the State, or the Federal Government will be promptly paid by the owing party. 4. Work Responsibilities A. The Utility shall provide the following services under this contract: i. Responsible for engaging the services of a Texas Registered Professional Engineer to prepare drawings and technical specifications for sanitary sewer line relocations and adjustments along SL 88. ii. Provide the plans and specifications to the State to include in the current planning specifications and estimate package being prepared by representatives of the Texas Department of Transportation's Lubbock Area Office. AFA—AFA—Utility Page 1 of 3 Attachment A CSJ #_1501-02-029 District # 5 Code Chart 64 # LBB Project: SL-88_ iii. Secure all necessary permitting as may be required for the installation of the sanitary sewer line. iv. Arrange and coordinate with the contractor, through the State, materials and equipment testing, rejection of all work not conforming to minimum requirements of the construction contract documents, maintenance of the proposed sanitary sewer line during construction, and the relocation of sanitary sewer line and connection of services to customers. V. Advise the State of work that Utility determines should be corrected or rejected. vi. Arrange, observe, and inspect all acceptance testing and notify the State of the results of these activities. vii. Provide inspection services for the construction, notify the State of defects and deficiencies in the work, and observe actions of the contractor to correct such defects and deficiencies. viii. Assume all responsibility for the maintenance of the existing sanitary sewer line during and upon completion of the construction contract. ix. Ensure all Texas Commission on Environmental Quality and all other regulatory rules, regulations and laws are strictly adhered to. X. Prepare and submit both a certificate of substantial completion and a list of observed items requiring completion or correction for the relocations and adjustments to the Project Engineer for concurrence. A. Coordinate all construction activities performed by Utility's staff for the relocations and adjustments through the Project Engineer. B. The State shall provide the following services under this contract: i. Combine the sanitary sewer line relocation and adjustment plans with the plans being prepared for the Project. ii. Review and approve the final construction plans prior to any construction -related activities. In order to ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising for construction. iii. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. iv. Negotiate and administer all field changes and change orders required for the Project. All change orders increasing construction costs for Utility's Project shall be submitted to Utility for review and approval together with an evaluation. Utility agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless Utility Board's approval is necessary in which case Utility shall bring the item to Utility Board as soon as reasonably possible. V. Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. vi. Conduct field observations and coordinate with Utility's inspectors and the contractor to cure defects and deficiencies in the construction prior to final acceptance. vii. Make timely payment to the contractor for work performed in connection with the Project. AFA—AFA Utility Page 2 of 3 Attachment A CSJ #_1501-02-029 District # 5 Code Chart 64 # LBB Project: SL-88_ viii. Ensure access and permit Utility's inspectors and other authorized representatives to inspect the sanitary sewer line construction at all times. ix. Conduct and coordinate final inspection of the Project in the presence of Utility's Engineer and Inspector, transmit final list of items to be completed or repaired and observe contractor correction of same. X. Maintain job file. AFA—AFA Utility Page 3 of 3 Attachment A CSJ # 1501-02-029 District # 5 Code Chart 64 # LBB Project: SL-88_ ATTACHMENT B ESTIMATED UTILITY COSTS Based on various calculations, following are those amounts due and payable for Utility's costs associated with this project. Total Estimated Costs $ 4,123,921.00 Less Betterment Amount Due from Utility $ 0.00 Amount of Total Utility Relocation Costs $ 4,123,921.00 Estimated Amount Eligible for Reimbursement (Calculated eligibility Ratio — 97.69%) $ 4,028,658.42 Amount of Utility Adjustment Due from Utility $ 95,262.58 Estimated amount to be included in Construction Agreement A. Betterment B. Utility Adjustment GRAND TOTAL 0.00 $ 95,262.58 $ 95,262.58 AFA—AFA Utility Page 1 of 1 Attachment B