HomeMy WebLinkAboutResolution - 2024-R0281 - Street, Public, ROW Deed, Upland 34Th To 50Th, Parcel 17 - 06/11/2024Resolution No. 2024-RO281
Item No. 5.8
June 11, 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 deed in connection
with certain real property located in Section 38, Block AK, of the GC R.R. Co. Survey,
Lubbock County, Texas, to be utilized for the Upland 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 June 11, 2024
ATTEST:
Courtney Paz, City Secret
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Am ins, Deputy ity Attorney
RES. Street and ROW Deed- Section 38, Block AK- Parcel 18
Resolution No. 2024-RO281
NOTICE OF CONFIDENT14LITYRIGHTS: IF YOUAREA NATURAL PERSON, YOUMAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD I7V THE PUBLIC RECORDS: YOUR
SOCL4L SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Upland Avenue — 34" Street to 501h Street
Parcel No. 17
Upland Avenue, Lubbock, Texas 79407
BLK AK SEC 38 AB 689 TR 9E LOWERY SUB
CITY OF LUBBOCK
STREET, PUBLIC USE AND RIGHT OF WAY DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT LS Farm Owners' Non -Profit Corporation, a Texas non-profit 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 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.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Street, Public Use and Right of Way Deed Ver. 8.10.23
WITNESS MY HAND this day of �� 2024
GRANTOR(S):
LS Farm Owners' Non -Profit Corporation, a Texas non-profit corporation
Charlotte Ann Trew, Director
Donald Dean Trew, Director
o
Marisa Scheef, Director
Tom ny Ford, Director
CORPORATE ACKNOWLEDGEMENT
STATE OF _* 4j
COUNTY OF �G
This instrument was acknowledged before me on the /P11 day of , 2024
by Charlotte Ann Trew, Director of LS Farm Owners' Non -Profit Corporation, a Texas non-profit
corporation, on behalf of said entity.
The acknowledging person personally appeared by:
[V physically 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.
Naar P&o EVANGELINA SEPEOA
o r� - Notary Public
State of Texas
OF My Comm. E p8 es Oa 25 2C2b
NOTAR ' PUS IL C, STATE OF � y4S
My Commission Expires:
Street, Public Use and Right of Way Deed Ver. 8.10.23
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF Jd t,�6O& .
h
This instrument was acknowledged before me on the day of / V A1_/ 2024
by Donald Dean Trew, Director of LS Farm Owners' Non -Profit Corporation,"a Texas non-profit
corporation, on behalf of said entity.
The acknowledging person personally appeared by:
['physically 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.
em
EVANGELINA SEPEDA
Notary PublicState of Texas ID 12824753-8 NOTARY PUBLIC STATE OFy Comm. Exf�ires 04-25-2026 '
-r. My Commission Expires: .DES=
CORPORATE ACKNOWLEDGEMENT
STATE OF _1� V45
COUNTY OF
This instrument was acknowledged before me on the
by Marisa Scheel. Director of LS Farm Owners'
corporation, on behalf of said entity.
The acknowledging person personally appeared by:
Iphysically appearing before me.
day of Mall 12024
Non -Profit Corporatio , a Texas non-profit
❑ 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.
PpY Ap EVANGELINA SEPEDA
O��c+ Notary Public
State of Texas
my Comm. Expires 04 25 2026
NOTA PUBLIC, STATE OF Y-43.
My Commission Expires: 471
Street, Public Use and Right of Way Deed Ver. 8.10.23
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF W kc k
�h
This instrument was acknowledged before me on the day of &4 2024
by Tommy Ford, Director of LS Farm Owners' Non -Profit Corporatio , a Texas non-profit
corporation, on behalf of said entity.
The acknowledging person personally appeared by:
LAL
physically 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.
RY rGe�� EVANnGEL7SEPEDA
tateic
�r� 2Np� PUBLIC, STA = CFMyComm. ExS
My Commission Expires: L/- —9, c2p
Grantee's Address:
City of Lubbock
1314 Avenue K, 70' Floor
Lubbock, TX 79401
Street, Public Use and Right of Way Deed Ver S.10.23
EXHIBIT "A"
RIGHT-OF-WAY DESCRIPTION — PARCEL R155870
Field notes describing a 0.005 acre Right -of -Way out of a called 0.869 acre tract of land
located in Section 38, Block AK, of the GC & SF R.R. Co. Survey, Lubbock County, Texas.
Being a 0.005 acre tract of land out of a called 0.869 acre tract described in a Warranty Deed to
LS Farm Owners, recorded in Volume 6311, Page 102, Official Public Records, Lubbock
County, Texas, situated in Section 38, Block AK, of the GC & SF RR Co. Survey, Lubbock
County, Texas, and is further described by metes and bounds as follows;
BEGINNING at a Point (N: 7,266,068.64', E: 910,412.81') for the Northwest corner of this tract
and being the same as the Northwest corner of said called 0.869 acre tract, on the East line of a
40 feet wide Lubbock County Right -of -Way Easement for Upland Avenue, described in Volume
486, Page 431, Official Public Records, Lubbock County, Texas, from which a Railroad Spike
(N: 7,265,432.14', E: 910,352,04') Found for the Southwest corner of said Section 38, bears
North 88"08'38" West, 40.00 feet and South 01 "51'57" West, 638.13 feet;
THENCE South 88008'38" East, along the North line of said called 0.869 acre tract, a distance
of 15.00 feet to a 518 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" (N:
7,266,068.16', E: 910,427.80') Set for the Northeast corner of this tract;
THENCE South 01051'57" West, a distance of 15.00 feet to a 518 inch iron rod with yellow cap
stamped "COBB FENDLEY BOUNDARY" Set for the Southeast corner of this tract and being
the same as the Northwest corner of a called 5.151 acres tract described in a Special Warranty
Deed to Shag Holdings, LLC., recorded in County Clerk File Number 2022038358, Official
Public Records, Lubbock County, Texas, and a Special Warranty Deed to Donald Dean Trew,
recorded in County Clerk File Number 2022040883, Official Public Records, Lubbock County,
Texas, from which a 318 inch iron rod with yellow cap stamped "HUGO REED & ASSOC." Found
in reference to said corner, bears North 70"44'05" West, 1.43 feet;
THENCE North 88°08'38" West, along the South line of said called 0.869 acre tract, at a
distance of 5.00 feet pass the Northeast corner of a called 0.130 acre tract, described in a
Warranty Deed to LS Farm Owners, recorded in Volume 6311, Page 104, Official Public
Records, Lubbock County, Texas, from which a 318 inch iron rod with yellow cap stamped
"HUGO REED & ASSOC." Found in reference to said corner, bears North 83'09'19" West, 1.33
feet, and continuing along the common South line of said called 0.869 acre tract and North line
of said called 0.130 acre tract, for a total distance of 15.00 feet to a Point for the Southwest
corner of this tract and of said called 0.869 acre tract and being the same as the Northwest
corner of said called 0.130 acre tract;
THENCE North 01°51'57" East, along the common West line of said called 0.869 acre tract
and East line of said called Upland Avenue, a distance of 15.00 feet to the POINT OF
BEGINNING and containing within these calls a calculated area of 0.005 acre (225 square feet).
Page 1 of 3
EXHIBIT "A"
Bearings shown hereon are referenced to the Texas Coordinate System of 1983, North Central
Zone, and are based on the North American Datum of 1983, 2011 Adjustment. All coordinates
shown hereon are Surface values displayed in US Survey Feet and may be converted to Grid
values by dividing those Surface values by a Surface Adjustment Factor of 1.00021. All
distances shown hereon are Surface values displayed in US Survey feet and may be converted
to Grid values by dividing those Surface values by a Surface Adjustment Factor of 1.00021. This
written description is accompanied by a survey plat which covers the identical parcel that is
described herein, signed and sealed on even date herewith and is hereby made a part of this
document.
I, Jeffrey L. Fansier, a Registered Professional Land Surveyor in the State of Texas, hereby
certify that this description and plat represent an on -the -ground survey made under my
supervision.
2v2,3-45 Zs
Jeffrey L. Fansler Date
Registered Professional Land Surveyor
Texas Registration No. 4348
Cobb, Fendley & Associates, Inc.
TBPELS Land Surveying Firm No. 10046700
7727 Quaker Avenue, Suite A,
Lubbock, Texas 79424
Page 2 of 3
EXHIBIT "A"
NORTH �"J
GRAPHIC SCALE
(in feet)
LEGEND 20 0 10 20
P.O.B. = POINT OF BEGINNING
I.R. = IRON ROD
P.L.E. = POWER LINE EASEMENT
ROW = RIGHT-OF-WAY 1 inch = 20 ft.
L.C.R.E. = LUBBOCK COUNTY RIGHT-OF-WAY EASEMENT
SDD = STREET DEDICATION DEED
V. / P. = VOLUME f PAGE
CCFN = COUNTY CLERK FILE NUMBER
O.P.R.L.C.T. = OFFICIAL PUBLIC RECORDS, LUBBOCK COUNTY, TEXAS
SPS = SOUTH WESTERN PUBLIC SERVICE COMPANY
HRA = HUGO REED & ASSOC.
AMD = AMD ENGINEERING
® = MONUMENT FOUND (AS NOTED)
O = MONUMENT SET (5/a, IRON ROD SET WITH YELLOW PLASTIC CAP
STAMPED 'COBB FENDLEY BOUNDARY-)
®= PROPERTY LINE
— —EASEMENT LINE -AS DESCRIBED
=ADJOINING PROPERTY LINE
-- - = RIGHT-OF-WAY 1 RIGHT-OF-WAY EASEMENT LINE
NOTES:
1. Bearings shown hereon are referenced to the Texas Coordineler System of 1983. North Central Zone, and are based on
the North Amorican Datum of 1983. 2011 Adjustment. All coordinates shown hereon are Surface values displayod In US
Survey Feet and may be converted to Grid values by dlvlding those Surface values by a Surface Adjustment Factor of
1.00021. All distances shown hereon are Surface values displayed in US Survey feet and may be convened to Grid values
by dividing those Surface values by a Surface Adjustment Factor of 1.00021_
2. This survey plat is accompanied by a written description which covers the Identical parcel that is shown hereon.
signed and sealed on even data herewith and is hereby made a part of this document.
3. This survey plat was prepared without the benefit of a title report The surveyor did not research subject
property We information. All easements of record may not he shown.
Jeffrey L. Fansler Date
Registered Professional Land Surveyor
No. 4348
DATE: SCALE:
08/24/2023 1" = 20'
DRAWN BY: CHECKED BY:
NO, I JOB
3 OF 3 1 2302-013-02
SHEET ID:
2302-013-02-RISS87MURFACE (SF=1.00021),dwg
08 �� JEFFREY L F
g c_ 4348
R.R. SPIKE - SW CNR OF SEC. 38, BLK AK
N:7,265,432.14' E:910,352.04'
n S 01" 51' 57" W 638.1&
LCAD ID: R155762 - CALLED 0.130 ACRE
OWNER: LS FARM OWNERS
(V. 6311. P. 104 O.P.R.LC.T)
15' SPS - PILE - (V. 937, P. 542 O.P.R.L.C.T)
AS SHOWN ON LS FARMS PLAT
(CCFN: 2020025722 O.P.R.L.C.T)
LCAD ID: R65177
REMAINDER OF CALLED 41.291 ACRES
Owner. MURDEN, PAT
(CCFN: 2018010270 O.P.R.L.C.T)
N01°51'S7"E
15.00'-�
N88'D8'38"W-15.00
3/8" I.R. W/ CAP - "HRA"
N 83' 09' 19" W -1.33'
318" LR. W/ CAP - "HRA"
N 70° 44' 05" W -1.43'
LCAD ID: R301313
CALLED 5.151 ACRES
Owner: SHAG HOLDINGS LLC &
TREW, DONALD D
(CCFN: 2022040883 &
2022038358 O.P.R.L.C.T)
A 0.005 ACRE (225 Sq. Ft.) RIGHT-OF-WAY OUT OF A CALLED 0.869 ACRE TRACT
OF LAND LOCATED IN SECTION 38, BLOCK AK, OF THE GC & SF R.R. CO. SURVEY,
LUBBOCK COUNTY, TEXAS.
W/40` ROW L.C.R.E.
(V. 486, P. 413 O.P.R.L.C.T.) (Tract 1)
39.IBLOCK AKA
AVENUE SECTION 36, BLOCK AKI
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E/40' ROW L.C_R.E.
co (V. 486, P. 431 O.P.R.L:C.T.)
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POINT OF BEGINNING:
N: 7,266,068.64' E: 910,412.81'
0.005 ACRE S 88° 08' 38" E
(225 SQ. FT) 15.00,
IN: 7,2.65,068.16'
�E:910,427.80' Gj
Cs
HS0151'57"W
15.00'
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CobbFendley
TBPELS Land Surveying Firm Registration No.10046700
7727 Quaker Avenue, Suite A, Lubbock, Texas 79424
Phone: 806.993.0071 1 www.cobbfandley.corn
Capital Project Number:
Capital Project Name:
City of Lubbock
Capital Project
Project Cost Detail
June 11, 2024
92815
Upland Ave: 34th to 50th Street - 22B
Encumbered/Expended
Budget
Staff - Full Time
$ 27,244
Contract 17074 with Freese and Nichols for Design Services
1,639,143
Contract 17074 Amendment 1 with Freese and Nichols
393,388
Parcel 1 - ROW Acquisition
13,874
Parcel 3 - ROW Acquisition
10,347
Parcel 4 - ROW Acquisition
15,482
Parcel 13 - ROW Acquisition
74,031
Parcel 19 - ROW Acquisition
44,249
Parcel 20 - ROW Acquisition
1,721
Parcel 8 - ROW Acquisition
36,507
Parcel 9 - ROW Acquisition
8?.002
Parcel 10 - ROW Acquisition
1 ,146
Parcel 11 - ROW Acquisition
21,064
Parcel 22 - ROW Acquisition
55,385
Parcel 14 - ROW Acquisition
25,711
Parcel 15 - ROW Acquisition
3,984
Parcel 2 - ROW Acquisition
13,121
Parcel 6 - ROW Acquisition
12,360
Parcel 7 - ROW Acquisition
95,666
Agenda Item June 11, 2024
Parcel 17 - ROW Acquisition
1,125
Parcel 18 - ROW Acquisition
28,405
Parcel 21 - ROW Acquisition
44,115
Encumbered/Expended To Date
2,762,731
Estimated Cost_forRemaining Appropriation
Land Acquisition and Construction 1,237,269
Remaining Appropriation -
Total Appropriation $ 4,000,000
Project Scope
Upland Avenue from 34th Street to 50th Street 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 the Upland Avenue corridor from 34th Street to 50th
Street. 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: 01/2023
Design Completion: 01 /2024
Bid for Constuction:01/2024
Award Construction: 03/2024
Project Completion: 09/2025
Proiect Location
Upland Ave - 34th to 50th St
Project Appropriations
ApprorriatlontoDate 2023 - 24 Budget
Construction $4,000,000 $13,500,000
TOTAL $4.000,000 $13,500,000
Project Highlights
Council Priorities Addressed:
Public Safety
Community improvement
Growth and Development
Project History
2024. 25 Budget 2025 - 26 Budget
so s0
$0
$0
2026 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget
so so $0
so so $0
Pr®jeet Funding
FuncUng to Date 2023 - 24 Budget 2024 - 25 Budget 2025 - 26 Budget 2026 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget
- - -- ... .....
General Obligation Bonds S4,000 000 $13,500,000 $0 $0 $0 $0 $0
TOTAL $4,000,000 $13,500,000 $0 $0 $0 $0 $0
Operating Budget Impacts
Description 2023.24 2024-25 2025-26 2026-27 2027.28 2028.29 Total
No Impact Anticipated SO $0 $0 $0 $0 SO _ $0
TOTAL $0 $0 $0 $0 $0 $0 SO
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Proposed Street Deed Dedication
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Located within Section 38, Block AK
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1 5o 100 200 300 411 500
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and may nct have been prepared Far or be suitable far legal, enflineering. or surveying purposes. h does not represent ark
on-ihe-ground survey and represents only the approximate relative location of property boundaries.
Proposed Street Deed Dedication
225 sq ff
ii City of
If Lubbock
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