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Home My WebLink AboutResolution - 2024-R0241 - Street, Use, ROW Deed, Parcel 1, West Half Section 7, Block JS - 05/14/2024Resolution No. 2024-R0241 Item No. 6.12 May 14, 2024 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 accept for and on behalf of the City of Lubbock one (1) Street, Public Use, and Right-of-Way Dedication Deed in connection with certain real property (Parcel 1) located in the West Half (W/2) of Section 7, Block JS, Lubbock County, Texas, to be utilized for the Milwaukee Avenue Project, and all related documents. Said Deed is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on Mav 14, 2024 TRr�- A , MAYOR ATT ST: Cou ey Paz, City Secretary APPROVED AS TO CONTENT: � ,,�,�—...�- �Vlichael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Attorney Street and ROW Deeds- Section 7, Block JS Resolution No. 2024-R0241 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PL�'RSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Milwaukee Avenue (4�6 to N. City Limits) Bond Project Parcel No. 1 1402 Milwaukee Ave., Lubbock, TX 79416 West Hali (W/2) of Section 7, Block JS, City of Lubbock, Lubbock County, Texas CITY OF LUBBOCK STREET. PUBLIC USE AND RIGHT OF WAY DEED THE STATE OF TEXAS COUNTY OF LUBBOCK § § § KNOW ALL MEN BY THESE PRESENTS: THAT Golden Spread Electric Cooperative, Iac., a Texas cooperative corporation, herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to him/her in hand paid by the City of Lubbock, Texas, a Home Rule Municipal Corporation, Grantor does hereby grant, sell, and convey to Grantee for public use forever and for street right-of-way and utility purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A". GRANTOR agrees to grant the property described in Exhibit "A" and releases the City of Lubbock from the obligation of obtaining an appraisal under Chapter 21 of the Texas Property Code. TO HAVE AND T4 HOLD this above described premises, together with all and singulaz the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public street purposes. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Sveet, Public Use and Right of Way Deed Ver. 8.1023 WITNESS MY HAND this � day of �� L 2024. GRANTOR: Golden Spread Electric Cooperative, Inc., a Texas cooperative corporation By:_ ' Hollandsworth Chief Executive Officer ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF �� Th' instrument was acknowled ed before me on the � day of ` , 2024 by s4�v� t rr� �� rGtt� ��e c�'} i G �i�e, � r►a. The acknowledging person personally appeazed by: �sically appearing before me. ❑appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Government Code chapter 406, subchapter C. �\��YD4��i� SHARLA MILLER FOWLER , S� ��'ti�% Notary Public, Stete of 7exea '�' �_' NOTARY PUBLIC, TATE OF �t� ��+�r Comm.Expires05�t3-2028 �'�•.?;�;,`;`�'� Notary tD 560018-4 My Commission Expires: _�- �,�2a1Ro , Grantee's Address: City of Lubbock 1314 Avenue K, 7`� Floor Lubbock, TX 79401 Street, Public Use and Right of Way Deed Ver. 8.10.23 H12�ON � O � �� Q �� W '�8 � �gggg � 7� b � ti o 0 0 oy � N � z z �'I$lol$lo J I� I J 1 J I J 0 � �� o� 9089FOG�Od •lV.�.�.� 1 b'7rJ.(8 031 b',�/030 �(b'M-�O-1H,�/b�,SS oN a' $` 1'V _ �, ` �� Vb�' � 595'Od0600d N�,7,7 g Q z W 1 t/7d .(9 O.�'1 t/.�/O.�O .( b'M -�D -1H9/b�,s'� 3flN3�b' 33�lflb'M�IW �� Q �� i � � � � � I I n I "� I � a � � � � W � � � � W �� v �� ~ W � J W � � ii � �i i �� f �� I �� (� � �.� I '�f �I izi W IyJ IW� �J� ��; ��I o�','` I'o�m°�� Il��i�� Z�W �� ~�� v � 0 � I " . ' � 3V7 iN O EI ri1[L5101'3 ��b d aezi io� ! I 1N3W3SG'3 .f dM -.�O-1H9/�l,O� � � 4 � �S/' �1.�CJ79 "L AKI/1.�35 S/' �.ap 76 B hq'1.73$ � I � � � � W I � � � -- y - --- --- I Q��-- -- �� W � � �v 1\ � � M � ,� � Q b �u � � � i- �~ J�O� � � I Q� � �� OW� °��p�� ' �� i �'z a J�, h��oz j,� o�- � =� `�J�� 40=�'j � m 1,� . ri �. z �o,� � ��- �° � �N °o �� 1 �� Q� O�CVih "' `� � h � � I � y �� I o ��, � � ( � �� i -. T i � I I , � U �. �� ,�� _ --- - vVi zl i= u° �� i� .. I I � W � I � I � o? W �j �� Q o� 0 �� Q �o Iz Q w W � � �a a� �� c �� 3� J �W � � � �� z 6 � � � �� E • �� Z� �� g�� J �� W� w �� N W 0.1 �U�� o � �.o � � ��_� �z�� - � s�� a a '� � .� � � � �Qr'tn o�V� ��0 � ,, �w�� "� o �p��' o'� aa�V� ag�? 0 N � � � .� � � � i N � � � -� a � DESCRIPTION FOR PARCEL 1 ROW METES AND BO[JNDS DE$CR[PTION of a 0.0081-acre (352 sq. R.) parcel located in the West Half (W/2} of Section 7, Bl�k JS, Lubbock County, Texas, being a portion of that certain I 0.47-acre tract described in Volume 6156, Page 43, Official Real Property Rccords of Lubbock County, Tcxas, also rcferred to as thc "Erskine Tract" lisied as Lubbock County Truct numbcr I8 conveyed to Golden Spread Electric Cooperative, inc. by deed recorded in Volume 8997, Page 173, Official Public Records of Lubbock County, Texas, said 0.0081-acre tract being further described ns follows: BEGIT1NfNG at a 1/2" iron rod with cap mariced "HUGO REED & ASSOC" (N-7,289,209.2', E�16,456.2') set in the East right-of-way (ine of Milwaukee Avenue as granted in Volume 1288, Page 445, Deed Records of Lubbock County, Texas, in a South line of Tract "A", Erskine Solar Addition, according to the map, plat, and/or dedication deed thereof recorded in Counry Clerk File Number 2020036406, Official Property Records of Lubbock County, Texas, and in the North line of said 10.47-acre tract, for the Northwest corner of this parcel which bears S. 01 °SO'00" W. a distance of 2592.94 feet and S. 88° 10'00" E. a distance of 50.00 feet from a railroad spike found at the Northwest corner of said $ection 7, Block JS; THENCE S. 88° 10'00" E., along a South line of said Tract "A" and the NoRh line of said 10.47-acre tract, a distance of 5.00 feet to a I/2" iron rod with cap marked "JFW" found as the Northeast corner of this parcel; THENCE S. O1°50'00" W., crossing said 10.47-acre tract, 5.00 feet East of and parallel with said East right-of-way line, a distance of 70.48 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set in a South line of said 10.47-acre tract, being the North line of Tract B, Frenship ISD as recorded in County Clerk File Number 2011043894, for the Southeast corner of this parcel; THENCE N. 88°14'00" W., along the South line of said 10.47-acre tract and the North line of said Tract B, Frenship iSD, a distance of 5.00 fect to a 1/2" iron rod found in said East right-of-way line at thc Southwest comer of this parcel; THENCE N. O l°50'00" E., along said East right-of-way line a distance of 70.48 feet to the Point of Beginning. MILWAUKEE AVE. 4th STREET TO MARSHALL STREET PARCEL I ROW PERIMETER SURVEY OF A 0.0081 ACRE PARCEL LOCATED IN SECTION 7, BLOCK JS LUBBOCK COUNTY, TEXAS A. Christ " � opher. Registercd Professional Land Surveya 11 / 1 No.5167 State ofTczes HUGO REED AND A3SOCIATE3, INC. LAND SURVEYORS L�1� 7��N�; CIVIL ENGINEERS �ew�a uCeriseo eweverow � tooms�oo PHONE: 908 ! 783-5612 rew�s r�s�enEo eNoweeiewo Fir�►r �aeo FI1X: 908 ! 763-3891 Bearings are rclative to 1he Texes Coadinete System of 1983, NoAh Central Zone, NAD 83 (2011), �'tflstances and coordinata arc surt�cs, U.S. Survey feet. Combincd Scate Factor: I.U0023 Copyright 2023, Hugo Reed nnd Associates, Inc. Pasto 2 of 2 MEMORANDUM OF AGREEMENT Golden Spread Electric Cooperative Inc., a Texas cooperative corporation PO Box 9898 Amazillo, TX 79105 Project: Milwaukee Avenue (4'� to N. City Limits) Bond Project County: Lubbock Parcel: 1 Golden Spread Electric Cooperative Inc., a Texas cooperative corporation, referred to in this Memorandum as "Grantor", agree to grant City of Lubbock, Texas, referred to as"Grantee", fee simple title to 0.0081 acre (352 sq. ft.) of land in the West Half (W/2) of Section 7, Block JS, Lubbock County, Texas, and more particularly described in the attached Exhibit "A". IT IS AGREED that the consideration for the execution of a Right of Way Deed (the "Conveyance Instniment") is One Thousand Four Hundred Eight Dollars and No/140 ($1,448.00). Grantor confirms receipt of the following: 1. Copy of The State of Texas Landowner's Bill of Rights; 2. Initial Offer Letter; 3. Proposed Conveyance Instrument from the City of Lubbock; 4. Survey Plat and Legal Description of Pazcel No. 1. IT IS FUTHER 1�GREED that, as compensation for the improvements located within the proposed acyuisition area, the total sum of One Thousand Four Hundred Eight Dollars and No/100 ($1,408.00} shall be provided. Grantor acknowledges the receipt and sufficiency of the Just Compensation above and acknowledges that Grantee will not perform any work to relocated, rebuild or install any improvements compensated for above. The Just Compensation referenced above, the terms of this Memorandum of Agreement and the Right of Way Deed (the"Conveyance Instrument")constitute the only agreements between the parties and no other promises, considerations, covenants or conditions have been stated or implied. Grantor agrees to work with HDR Engineering, Inc. prior to closing and obtain any lien releases required for issuance of a title policy or clear title as requested by Grantee. IT IS FURTHER AGREED that, during the initial construction of the Project, the following special provisions shall apply: (collectively "Construction Special Provisions"). Memorandum of Agreement Ver 8.15 23 IT IS FURTHER iJNDERSTOOD AND AGREED that Grantee's failure to comply with the Construction Special Provisions shall not be deemed a termination of rights granted to Grantee under the Conveyance Instrument. SIGNED contempor eously with and as a part of the overall agreements between the parties this the t'l day of , 2024. GRANTEE: CITY OF LUBBOCK � r � �% � ��1�� '� ' - � • • i'1�� . GRANTOR: Golden Spread Electric Cooperative Inc., a Texas cooperative corporation y: Kari ol andsworth Titte: President/CEO Memorandum of Agreement Ver. 815 23 � ',�1 !'� �' { �1 � L i t •`+, i ' [ � 8 t�?� � ' Fr �1 I i W �'' . G� � p � A I � °_ � �,� �• � � I � m. � �' � v�i w O p . .�� a� I ��... �� :�� .� 1�n � '''' �~ � :j . F� � M � � 4 I '"� V V (/� � � � V� ¢�. �� r� a .� I y�, o � � ,f, a� � f �� ' I � � � � � �; N � u� � d �� ,o� a�3N � H � M vr a► � a °C � •o o f � a� y ' �nd ��ndnniiw N a � ° � a � _ � � � � I '�� 0 � � � �� 4 i uw H4t�«�w r r � � z =, r --' '�r `�v� � ��. > t'� � �y � � � � � � � u� u� A y 'J. � N � N � � � � 0~ a � � ��a � r� O � 0 Y,�� iyJ� , tr` � rP� ��/ � _ a� o� �n �=� IM' � o y o N _ � i W o J a � 0 � O �� a — �u��u-�� - �� Project Scope 1 �� Milwaukee Ave from 4th Street to the North City Limits is currently a two-lane paved road and is designated in the 2018 Thoroughfare Master Plan to become a five-lane Principal Arterial (Modified). Continued growth in west Lubbock has increased traffic demands along Milwaukee Avenue from 4th Street to the North City Limits. This thoroughfare will include the ultimate design of a five-lane undivided thoroughfare with curb and gutter, drainage, streetlights, sidewalk improvements, utility adjustment and right of way acquisition services. Project Justification On November 8, 2022, Lubbock voters approved issuance of a$200 million street improvements bond package for the purpose of providing permanent public improvements. The funding will acquire, construct and reconstruct street improvements, including but not limited to sidewalks, utility line relocations and traffic signalization, necessary and related storm drainage facilities, and the acquisition of land and rights-of-way for the full width dedication. Project Dates Design Start Date: 02/2023 Design Completion: 02/2024 Bid for Constuction:02/2024 Award Construction: 04/2024 Project Completion: 10/2025 Project Location Milwaukee Ave - North City Limits to 4th Street Project Highlights Council Priorities Addressed: Public Safety Community Improvement Growth and Development Project History Project Appropriations Approprlatlon to Date 2023 • 24 Budget 2024 - 25 Budget 2025 • 26 Budget 2026 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget Construction 53,500,000 $13,000.000 SO SU SQ $� $0 TOTAL 53,500,000 513,000,000 SO SO Sa SO SO FY 2023-24 Operating Budget and Capital Program - 347 Project Funding Funding to Date 2023 - 24 Budgel 2024 - 25 Budget 2025 - 26 Budget 2026 - 27 Budget 2027 - 28 Budget 2028 • 29 Budget General Obligation Bonds $3,500,000 $13,000,000 $0 $0 $0 $0 $0 TOTAL 53,500,000 L73,000,000 SO f0 SO SO SO Operating Budget Impacts 2023-24 $o So 202425 202526 $0 $0 f0 SO zozc-z� 50 i0 2027-28 2028-29 Total ao so ao SO SO SO Descriptlon No Impact AnNcipated TOTAL FY 2023-24 Operating Budget and Capital Program - 348 City of I.ubbock, TX Capital Project Project Cost Detail March 21, 2024 Capital Project Number: Capital Project Name: EncumberedlExpended City of Lubbock Staff Time 92819 Milwaukee Avenue from 4th Street to the North City Limits - 22B Contract 17087 Milwaukee Reconstruction Design & ROW with HDR, Inc. Milwaukee Reconstruction Right of Way Parcel 2 Milwaukee Reconstruction Right of Way Parcel4 Milwaukee Reconstruction Right of Way Parcel5 Agenda Items, May 14th 2024 Milwaukee Reconstruction Right of Way Parcel 1 Encumbered/Expended To Date Estimated Costs for Remaining Appropriation Property Acquisition, Utility Adjustments, and Roadway Construction Remaining Appropriation Budget $ 12,468 1,403,292 16,012 62,201 73,194 1,408 1,568,575 14,931,426 Total Appropriation $ 16,500,000