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Home My WebLink AboutResolution - 2024-R0321 - ROW/Drainage Easement Deed, Sect. 8 Block JS Parcel 4, Milwaukee/Erskine - 07/23/2024Resolution No. 2024-R0321 Item No. 6.5 July 23, 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) right-of-way deed and one (1) Drainage Easement Deed in connection with certain real property located in Section 8, Block JS, Lubbock County, Texas, to be utilized for the Erskine Street Reconstruction 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 July 2 2024 W. MCBRAWk, MAYOR AT T + ST: Courtney Paz, CityAecretary APPROVED AS TO CONTENT: P.E., Divl-siaft-Bire`l;tor of Engineering/City Engineer APPROVED AS TO FORM: 1 At Sims, Depu City Attorney RES. ROW and Drainage Easement Deed- Section 8, BIock JS c��-Q� �� Resolution No. 2024-R0321 THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT NORTH MILWAUKEE & ERSKINE AFFORDABLE STORAGE, LLC, A LIMITED LIABILITY COMPANY, 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 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. WITNESS MY HAND this � day of , 2024. THE STATE OF TEXAS COUNTY OF LUBBOCK North ' waukee i ffordable Storage, LLC, as lim' lia �' c pany Michael Postar, � ol Manager BEFORE ME, the undersigned author'ity, a Notary Public in and for said County, Texas, on this day personally appeared Michael Postar, Sole Manager of North Mi(waukee & Erskine Affordable Storage, LLC, a Texas limited liability company 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 � day of � f , 2024. Jamelyn Sw;nney Gre99 � � MY Commission Expiros 2/28/2028 Notary ID12g62p286 2024033533 5 PGS DEED �� 0�� N� �� RIGHT OF WAY DEED N ary Pu l in and for th ate of Texas My Commission Expires: � DESCRIPTION FOR PARCEL 4A METES AND BOLJNDS DESCRIPTION of a 0.2227 acre (9703 sq. ft.) pazcel located in Section 8, Block JS, Lubbock County, Texas, being a portion of that certain 7.6 acre tract described under County Clerks File Number (CCFN) 2009045341, Official Public Records of Lubbock County, Texas (OPRLCT), said 0.2227 acres being further described as follows: BEGINNING at a 1/2" iron rod with cap "HUGO REED & ASSOC" set (N=7,286,572.2', E=916,271.7') at the intersection of the North Right-of-Way line of Erskine Street (50 foot wide easement) as described in Volume 1194, Page 153, Deed Records of Lubbock County, Texas (DRLCT) and the West Right-of-Way line of Milwaukee Avenue (50 foot wide easement) as described in Volume 1288, Page 403, DRLCT, for the Southeast corner of this parcel which bears N. 88° 10'22" W. a distance of 50.00 feet and N. O 1°49'00" E. a distance of 50.00 feet from the Southeast corner of said Section 8, Block JS; THENCE N. 88° 10'22" W. parallel to and 50.00 feet North of the South line of Section 8, Block JS, a distance of 397.65 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set in the East Right-of-Way line of Monticello Avenue (52' Right-of-Way) by Street Dedication Deed (SDD) described under CCFN 2013047479, OPRLCT, for the Southwest corner of this parcel; THENCE N. O1 °49'00" E. along said East Right-of-Way line, a distance of 5.00 feet to a 1/2" iron rod with cap "H[JGO REED & ASSOC" set for an angle corner of this pazcel; THENCE N. 43°08'36" W., along said East Right-of-Way line, a distance of 3.80 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set for the most Westerly Northwest corner of this pazcel; TI�NCE S. 88°12'S8" E. a distance of 35433 feet to a 1/2" iron rod with cap "HLJGO REED & ASSOC" set for an angle corner of this parcel; THENCE N. 46°49'35" E. a distance of 42.42 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set for an angle comer of this pazcel; THENCE N. 01 °49'00" E. parallel to and 66.00 feet West of the East line of said Section 8, Block JS, a distance of 188.72 feet to a 1/2" iron rod with cap "HLTGO REED & ASSOC" set for an angle corner of this pazcel; THENCE N. 08°OS'38" E. a distance of 100.59 feet to a 1/2" iron rod with cap "HLJGO REED & ASSOC" set for an angle corner of this pazcel; THENCE N. O 1°49'00" E. parallel to and 55.00 feet West of the East line of Section 8, Block JS, a distance of 316.83 feet to a 1/2" iron rod with cap "RPLS 4339 STEVENS" found at the Southwest corner of a SDD described under 2012018581, OPRLCT, for the most Northerly Northwest corner of this pazcel; THENCE S. 88° 11'00" E. with the South line of said SDD, a distance of 5.00 feet to a 1/2" iron rod with cap "HLJGO REED & ASSOC" set in the West Right-of-Way line of said Milwaukee Avenue, for the Northeast corner of this parcel; THENCE S. O1 °49'00" W. with said West Right-of-Way line, pazallel to and 50.00 feet West of the East line of said Section 8, Block JS, a distance of 643.49 feet to the Point of Beginning. ERSKINE STREET RECONSTRUCTION .NKFORD AVENUE TO WEST CITY LIb Parcel4 PERIMETER SURVEY OF A 0.2227 ACRE PARCEL LOCATED IN SECTION 8, BLOCK JS LUBBOCK COUNTY, TEXAS Cyril H. Turner, Registered Professional Land Surveyor State of Texas i `-� -� �r= ._ � l �F� ..., T�`�� ... �. , ,�� `�' F,�' , C 7 �`0F :�S' C �: � � o.�t' ................... CYRIL HOWARD TURNER .. ............... . �.ti ...6460 .��:,. . Surveyed on the ground. 12/22/2022 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1801 AVENUE N CIVIL ENGINEERS LUBSOCK, �s 7sao� TEXAS UCENSED SURVEYING FIRM 100878-00 PHONE: 808 / 783-5842 TFXAS REGISTERED ENGINEERING FIRM F-780 FAX: 808 / 783-3891 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.00023 Copyright 2023, Hugo Reed and Associates, Inc. Page 2 i South 5' of this parcel were not included in e from 87th Street Partners, LLC to North Erskine Affordable Storage, LLC as described 220006184, OPRLCT. 5.0 ACRES R£BA AA MEWS Vol. 9177 P 315 M f> 1 IQ (Q 7.6 ACRES ( W I 6.2 ACRES IREMAWER) (x (> NCYiW A& WALKEE a ERSIME AFFORDABLE STORAGE, LLC. � � CCEN202/05c'1S41 C 65aS ERSK9tE" Sr. PARCEL 4 * SEE A10TE Erskine Street Parcel No. 4A 0.2227 ACRES r 9703 SQ. FT. yt 7..6 ACRES ' -7 1.4 ACRES (REMAlN1JER) g ( 87TH STREET PARTAERi LLC. ( 3 I CCFN eY�904534/ I 6526 ER5KAE ST. PARCEL 4 *SEE NOTE I�� a �' ORAWAGE EASEMENT & WLE 9YSEPARATEDOCY#WAT c _ �J e17'ALLEYD qAr L3 — L4 =200'' — — — Line Table Line # Length Direction L1 397.65' N88* 10' 22"W L2 5.00' NO I' WOVE L3 3.80' N43° 08' 36"W L4 354.33' S88e IT 58"E L5 42.42' N46' 49' 35"E L6 I88.72' NO 1' 49' 00"E L7 100.59' NO8* 05' 38"E L8 316.83' N01° 49' OVE L9 5.00, S88° IP 00"E L10 643,49' 1 SOI.49' 00"W ° sanHL ca< h .SE'CTX.iYH 9L0CK.(S 55'RIVHT-cF-WAYDELW.4 dWN YR.7T 9 SpD CCfJV 2}7/3047479 L2 50'RK;HT-0 -WAY "Mr. Yd. !/94, P. L53 SEC -T, & OCK S ERSERSKINE STREET -WAY neat provided by Community National Tilde, 196 ment for Title Insurance Issued by Title PARCEL 5 pRAdVACE lranty Company, Effective Date: May 15, 2022, PARCEL 5A 135ROW. See e 7 for Schedule B, Item 10 page 11L�/4 SECT/CYV 3, BL OC7C ✓S tith cap "HUGO REED 8a ASSOC" set at all unless aiherwise noted. 135.7 AWES MEMAWDER) ROBERTA HLW7E9 vac 66.36, R. 9 p ~ I L Wis/1�E Es 8 I /VOL. ,10502 �I v �>W �;t,l�s•II i 4.8 Apii GRE&CRr a MARK � � s, II' GCf7V c't7156 � WII o II I a Ij I I! 1 II I h �yl3ylll dl all L__ W 1. SHk7E CCK7V 641G 30RA,ItL4G 3 w ., SYX/1H LA—f 00� 9EC7—X POB: + PARCEL 2- PARCEL NO. 1 N: 7,286,572.2' �(PARCEL 0DR" E: 916,271.7' I I s�i2O ACRES (77?A, II I I BE7EiVBG!'/cwhlm I I CaW201700. PARCEL ;B —� �►1 I I i LEGEND: ? STREET RECONSTRUCTION -�'' _. HUGO REED AVENUE TO WEST CITY LIMITS = _� ;�;,. ° r'• �. •� AND ASSOCIATES, 1NC_ SURVEn - wD1Ac-8a Parcel 4 �;> ........................ t\, LAND SURVEYORS 1601 AVENUE N EASEM tIlVIETER SURVEY OF A 4 CYRIL HOWARD TURNER !, �;� ....... ....... ._.•.... '64Fn ••• C1VIL ENGINEERS LUBBOCK,TEXAS79401 TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 80617635642 • �• 112"R ACRE PARCEL LOCATED IN t �•• TEXAS REGISTERED ENGINEERING FIRM F-T60 FAX: 806 / 763-3891 Q-FD. RAn.J Bearings are relative to the Texas Coordinate System of 1983, T BLOCK �TION 8, BLOCK J S \• � I o � t ` p-M.MAG '� North Central Zone o D S_ t29 ', i i. Epoch 20IO.O 3BOCK COUNTY TEXAS o ' ` Distances and coordinates are surface, U.S. Survey feet. P.O.B - POINT of BEoINNNG G %"= Surveyed or. ','lc ground 1 Combined Scale Factor: 1 A023 CCW- COUNTY CLERK FILE NvME; SSW. -E SENTENT SDD-STREETDEDICAnONDFED tegistered Professional Land Surveyor No.6460 — State nfTexas 12;22 11 T22 Copyright2023, Hugo Reed andAssucialcs, iuc. Page 1 WLE-wATFJ-INEEASEMENT SCHEDULE B a. Rights of parties in possession. - May affect, not a survey related matter. b. Rights of tenants, as tenants only, under unrecorded leases or rental agreements. - May affect, not a survey related matter. c. Rights of public, the State of Texas and the municipality in and to that portion of subject property, if any, lying within the boundaries of any roadway, public or private. - May affect, not a survey related matter. d. Any visible and apparent easements on or across the property herein described, which are not shown of record. - May effect - none observed at time of survey. e. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. - May affect, not a survey related matter. f. Easement as shown in instrument from Ross Hanna to West Texas Gas Company, dated August 28, 1941 and filed in Volume 259, Page 561, Deed Records of Lubbock County, Texas. - Affects - size and location of easement can not be determined based on recorded description. g. Mineral reservation as shown in instrument from Ross Hanna to P. H. Howry, dated November 20, 1942 and recorded in Volume 228, Page 267, Deed Records of Lubbock County, Texas. Said mineral interest has not been researched since the date of said instrument. - May affect, not a survey related matter. h. Mineral reservation as shown in instrument from P. H. Howry, et ux to L. A. Hill and wife, Bessie Hill, dated September 2, 1949 and recorded in Volume 387, Page 467, Deed Records of Lubbock County, Texas. Said mineral interest has not been researched since the date of said instrument. - May affect, not a survey related matter. Temporary Construction Easement as shown in instrument from 87th Street Partners, LLC to City of Lubbock, dated October 1, 2020 and filed in Clerk's File No. 2020049659, Official Public Records of Lubbock County, Texas. - Does not affect. ERSKINE STREET RECONSTRUCTION FRANKFORD AVENUE TO WEST CITY LIA Parcel 4 PERIMETER SURVEY OF A 0, "27 ACRE PARCEL LOCATED IN SECTION 81 BLOCK JS LUBBOCK COUNTY, TEXAS Cyril H. Turner, Registered Professional Land Surveyor State of Texas CYRIL H�oP4o L; Te!3NER Surveyed on the ground. HUGO REEO AND ASSOCIATES, INC. I AND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 100576-00 PHONE: 806 /763-5642 TEXAS REGISTERED ENGINEERING FIRM F-780 FAX: 808 / 763-3891 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.00023 Copyright 2023, Hugo Reed and Associates, Inc. Page 3 FILED AND RECORDED OFFICIAL PUBLIC RECORDS (* *' ` � �- Kelly Pinlon County Clerk Lubboek Coun�y TEXRS 08/20/2024 03:�4 PM FEE: a37.00 2024033533 C �� p� lJobc�l� -�Ot� ��u�+�r Resolution No. 2024-R0321 THE STATE OF TEXAS COUNTY OF LUBBOCK 2024033834 7 PGS EASE �III IVi�r� I��I+�, N�� hl'�;h� J�I�� G4� Y'L�14�� I II I DRAINAGE EASEMENT `� � KNOW ALL MEN BY THESE PRESENTS: THAT North Milwaukee & Erskine Affordable Storage, LLC, a Texas limited liability company; and 87�h Street Partners, LLC, a Texas limited liabitity company, herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS 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 good and valuable consideration in 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 legal representatives, successors, and assigns, for the use of the public as a perpetual and permanent drainage easement, the free and uninterrupted use, liberty of passage in, on, along, over, upon, under, and across all that property lying and being situated in Lubbock County, Texas, and being more particularly described in the attached Exhibit "A." SO LONG AS the public continues to use said property for the purposes herein stated, said easement includes, but is not limited to, the free and uninterrupted use, liberty, and privilege of passage in, along, over, across, under, upon and against the hereinafter described land for the purpose of constructing, reconstructing, maintaining, repairing, cleaning and clearing said premises for the free and unobstructed drainage of surface waters; together with the right of ingress, egress and regress for such purposes in, on, along, through and across all the property above described. It is hereby covenanted and agreed that the CITY OF LUBBOCK retains and reserves the right to set and determine the drainage grade and direction of flow of surface waters on the real estate above described and buildings or like permanent structures shall not be erected, built, constructed or allowed to be erected, built or constructed in, upon, over, along or across the real estate above described, and if such erection, building or construction does occur in violation of this prohibition, the CITY OF LUBBOCK shall have the right to remove said building or structure from the aforesaid real estate. 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, its successors and assigns, for so long as the CITY OF LUBBOCK uses the same for the purposes herein granted. DRAINAGE EASEMENT WITNESS THE EXECUTION OF THIS INSTRUMENT this �� day of � y 9" 5�, 2024. 87th Street Partners, LLC, a Texas limited liability company By: Windmill Management, LLC, a Texas limited liability company, THE STATE OF TEXAS COUNTY OF LUBBOCK � 0 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Joshua Jowers, Manager of Windmill Management, LLC, a Texas limited liability company manager for 87th Street Partners, LLC, a Texas limited liability company 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 LTNDER MY HAND AND SEAL OF OFFICE �Z � day of Av as� , 2024. . John M. Wylie My Commisaion Expirea � • 911012025 Notery ID 133325025 C No ry Public in and for the State of Texas My Commission Expires: �"l �� DRA[NAGE EASEMENT WITNESS THE EXECUTION OF THIS INSTRUMENT this day of ,11W L , 2024. North iwaul<ee Erski a Tex4 nited liagjity cc ichael Postar, THE STATE OF TEXAS § COUNTY OF LUBBOCK § ffordable Storage, LLC, BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Michael Postar, Sole Manager of North Milwaukee & Erskine Affordable Storage, LLC, a Texas limited liability company 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 ( day of 2024. Jamelyn Swinney Gregg • * My commission Expires 2/2812028 Notary ID128620296 ( � v" I �, ,A (1' h A No ry trbli in and for the Sta f Texas ! My Commission Expires: ll I South 5' of this parcel were not included in : from 87th Street Partners, LLC to North 3rslcine Affordable Storage, LLC as described 020006184, OPRLCT. O ACRES RERA I TTHEWS 7177 F. 515 =20'0' All Q� 3$ A FLOrs1-795 L iW SHR7E E5. KE. 10508, fl I I IIII I G N GREGORYY 0 MARK 6 CCMII I '� ; Il I I l< II I W1LSHRE. CCFN. I Y !I 6410 Q II I I I�� PAkrL 3 DRAM _J A414ML3 12 SLW7714ACOF 5RnH7'-Lim-WAYDEDY QrgV — 56CMVRA/r",X-t5 by AEA r a SAD cr,,w e17/304- �./ SD'RM,Hr-A`-WAY TO _� _-• _ ESMT. Yo1. 11S4. P. /53 Ata9771L/IE Q1 ERSKI}VE STREET— — — —P L 4 `—accr�naa21"LZ - c01 `r� 5£Cr,CW 3, EL LL^/C .LS 5o'RAwr-a--WAY VT VW n9 a P. 1S6 PMCEL 2 ent prodded by Community —National Title, £5 — — — = — _ _ _ ient for Title Insurance Issued by Titlez—r- ranty Company, Effective Date: May 15, 2022, AE/4 5EC7'17N 3 BLOCK JS Dag 133.7 ACRES (REMA/llmEi7J PARCEL 5 pRAWAGE /2 D ACRE5 y Ho 35ROW. See e 3 for Schedule B, Item 10 I @ETENSGiUGHH r� ( ROBERTA ht#VTER ,y.fI I CCFN c'0MX tth cap W TGO REED & ASSOC" set at all Vol.. 66:3a A 9 PARCEL So r1 J + mless otherwise noted.II r--P4RCEL 2 DRA/NgG1 Line Table Line # Length Direction LI 352,62' S88° 10' 22"E L2 42.43' N46° 49' 25"E L3 273.48' N01149' 0011E L4 32.00' S880 11' 05"E L5 3.83' S01° 49' 00"W L6 100.59' SOS° 05' 38"W L7 188.72' S01° 49' 00"W L8 42.42 S460 49' 35"W L9 354.33' N88° 12' 58"W L10 27.30' N43° 08' 36"W W 7.6 ACRES Q 6.2 ACRES MENAWDERJ I A43R rH A& WAUKEE & ERSKAIE AFFORDARLESTCWAGE LLC. I _JC_.I Cciw ct72105854/ 6526 ERSKhVF Sr.Iy j I PARCEL 4 + SEE AKJTE I Drainage &WatalineEasementNo.4 0.3333 ACRES 14520 SQ. FT. i— j /.4 ACRES (REMANI4�ER) 87TH STRELT PARTAERS, LLC. Q CCF7V 2009045341 I 65RG ERSKRIE Sr. PARCEL 4 * SEE NOTE I DOB: DRAINAGE & a O13 WATERLINE EASEMENT 4 N: 7,286,612.6' E:915,853.2' i STREET RECONSTRUCTION HUGO REED LEGEND: IMI AVENUE TO WEST CITY LT rf (C.C�:•..,�,` v:� AR AND ASSOCIATES, INC. s /,.• C .� ��•.�ADJACEN . y- 1 �s �� •`J J` - - - -RIGHT-OF 1601 AVENUE N Drainage & Waterline Easement / %j • • \. CYRIL NOVIARD TURNER 11JJ1 LAND SURVEYORS CIVIL ENGINEERS LUBBOCK, TEXAS 79401 EASEMEI; — — — — t2"xl UNIETER SURVEY OF A ••• �iiea eO ee Oe••••••••••••• r1,/•' TEXAS LICENSED SUfiVEYING FIF7M 100676-00 PHONE: 806/763 5642 �'FD• 1CRE PARCEL LOCATED IN TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 1763-3891 Q-FD. RA11Y ®-FD.MAG7 Bearings are relative to the Texas Coordinate System of 1983, MON 8 BLOCK 7S •:�;'t�/ % �� North Central Zone, NAD 83 Epoch 2010.0 (201 I ), (BOCK COUNTY, TEXAS - Distances and coordinates are surface, U.S. Survey feet. P.O.B.-POINT of WGINNING Surveyed on the ground. 1 Combined Scale Factor. 1.00023 CCFN- COUNTY CLERK FILE NUMB] ESMT. - EASEMENT SDD - STREET DEDICATION DEED WLE • WATERLWE EASEMENT registered Professional Land Surveyor No.6460 1 Copyright 207-3, Hugo Reed and Associates, Inc. Page 1 State of Texas 12/22/2022 DESCRIPTION FOR PARCEL 4 DRAINAGE & WATERLINE EASEMENT METES AND BOUNDS DESCRIPTION of a 0.3333 acre (14520 sq. ft.) parcel located in Section 8, Block JS, Lubbock County, Texas, being a portion of that certain 6.2 acre tract described under County Clerks File Number (CCFN) 2021052641, Official Public Records of Lubbock County, Texas (OPRLCT), said 0.3333 acres being further described as follows: BEGINNING at a 1/2" iron rod with cap "HUGO REED & ASSOC" set (N=7,286,612.6', E=915,853.2') in the East Right -of -Way line of Monticello Avenue (52 foot wide Right -of -Way) by Street Dedication Deed (SDD) described under CCF'N 2013047479, OPRLCT, for the most Westerly Northwest corner of this parcel which bears N. 88° 10'22" W. a distance of 469.62 feet and N. 01°49'00" E. a distance of 77.00 feet from the Southeast corner of said Section 8, Block JS; THENCE S. 88"10'22" E. parallel to and 77.00 feet North of the South Iine of Section 8, Block JS, a distance of 352.62 feet to a i i2" iron rod with cap "HUGO REED & ASSOC" set for an angle corner of this parcel; THENCE N. 46049'25" E, a distance of 42.43 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set for an angle corner of this parcel; THENCE N. 01 D49'00" E. parallel to and 87.00 feet West of the East line of said Section 8, Block JS, a distance of 273.48 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set for the most Northerly Northwest corner of this parcel; THENCE S. 8 8" 1 P05" E. a distance of 32.00 feet to a 1/2" iron rod with cap "ITUGO REED & ASSOC" set for the Northeast corner of this parcel; THENCE S. 01049'00" W. parallel to and 55.00 feet West of the East line of said Section 8, Block JS, a distance of 3.83 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set for an angle corner of this parcel; THENCE S. 08"05'38" W. a distance of 100.59 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set for an angle comer of this parcel; THENCE S, 01"49'00" W. parallel to and 66.00 feet West of the East line of said Section 8, Block JS, a distance of 188.72 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set for the most Easterly Southeast comer of this parcel; THENCE S. 46049'35" W. a distance of 42.42 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set for the most Southerly Southeast corner of this parcel; THENCE N. 8V12'58" W. a distance of 354.33 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set in the East Right -of -Way line of said Monticello Avenue, for the Southwest corner of this parcel; THENCE N. 43"08'36" W. along said East Right -of -Way line, a distance of 27.30 feet to the Point of Beginning. ERSKINE STREET RECONSTRUCTION FRANKFORD AVENUE TO WEST CITY LIMIT Parcel 4 Drainage Easement & Waterline Easement PERIMETER SURVEY OF A 0.3333 ACRE PARCEL LOCATED IN SECTION 8, BLOCK JS LUBBOCK COUNTY, TEXAS CYRIL HOWARD TURNER � ........................... 6460 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 10D570-00 PHONE: 80617SM642 TEXAS REGISTERED ENGINEERING FIRM P•760 FAX: 806 / 763-3691 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.00023 Coil H. Turner, Registered Professional Land Surveyor Surveyed on :Arc ground. 12/22i2022 Copyright 2023,14ugo Reed and Associates, Inc. Page 2 SCHEDULE B a. Rights of parties in possession. - May affect, not a survey related matter. b. Rights .of tenants, as tenants only, under unrecorded leases or rental agreements. - May affect, not a survey related matter. c. Rights of public, the State of Texas and the municipality in and to that portion of subject property, if any, lying within the boundaries of any roadway, public or private. - May affect, not a survey related matter. d. Any visible and apparent easements on or across the property herein described, which are not shown of record. - May effect - none observed at time of survey. e. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. - May affect, not a survey related matter. f. Easement as shown in instrument from Ross Hanna to West Texas Gas Company, dated August 28, 1941 and filed in Volume 259, Page 561, Deed Records of Lubbock County, Texas. - Affects - size and location of easement can not be determined based on recorded description. g. Mineral reservation as shown in instrument from Ross Hanna to P. H. Howry, dated November 20, 1942 and recorded in Volume 228, Page 267, Deed Records of Lubbock County, Texas. Said mineral interest has not been researched since the date of said instrument. - May affect, not a survey related matter. h. Mineral reservation as shown in instrument from P. H. Howry, et ux to L. A. Hill and wife, Bessie Hill, dated September 2, 1949 and recorded in Volume 387, Page 467, Deed Records of Lubbock County, Texas. Said mineral interest has not been researched since the date of said instrument. - May affect, not a survey related matter, Temporary Construction Easement as shown in instrument from 87th Street Partners, LLC to City of Lubbock, dated October 1, 2020 and filed in Clerk's File No. 2020049659, Official Public Records of Lubbock County, Texas. - Does not affect. ERSKINE STREET RECONSTRUCTION �� ... . HUGO REED FRANKFORD'AVENUE TO WEST CITY LIMIT �� ,•, :�r.T '`'> AND ASSOCIATES, INC ��•�� r\ Parcel 4 Drainage Easement & Waterline Easement ; •°°••••••••• •••••••••••••• 1 LAND SURVEYORS 1601 AVENu= N CIVIL ENGINEERS LUBBOCK, TEXAS 794UI PERIMETER SURVEY OF A QY ! HOWARD TURNER , • 'e.. o. ....• ............. -, 7EXAS LICENSED SURVEYI NG FIRM 10067"0 PHONE: B061763-5642 0.3333 ACRE PARCEL LOCATED IN • q 6460 1; °< R- i• r1_ TEXAS REGISTERED ENGINEERING FIRM F-760 FAX; 8061763-3691 SECTION $ BLOCK JS �F:: ' '�� _lU [ Bearings are relative to the Texas Coordinate System of 1983, y 1 ,' f,l) ` _: ,h North Central Zone, NAD 83 (2011), Epoch 2010.0 LUBBOCK COUNTY, TEXAS _ r ; -. Distances and coordinates are surface, U.S. Survey feet. r Combined Scale Factor: 1.00023 Cyril H. Turner, Registered Professional Land Surveyor No.6460 Survc% c•.i on the ground. Copyright 2023, Hugo Reed and Associates, Inc, Page 3 State ofTexas 12/22/2022 FILED AND RECORDED OFFICIAL PUBLIC RECORDS * • �, �.�-�Ytt,•�vt� K�lly Pinion County Clerk Lubboek Coun�y TEXfiS 08/20/2024 03:�4 PM FEE: g48.00 2024033534 92 93 .94 FORDHAM ST 95 U 0 OA 99A I 98A 97A 96A ki 0B--F-99B---r-98B=97Bi,--, —=96B=;, 0 50 100 200 300 400 500 --- 7 Feet As required by Chapter 2051, GLospalial Data Produ cis of the Guvernnient Code, this product Is for infortnalional purpos-25 and may not have been prepared for or be suitable for [nal, engineering, or surdeying purposes. It doe; not rep resent an on -the -around survey and represents an I y the approximate reiative I ocauon o I property houndafl&S. Proposed Drainage & Waterline Easement and Right -of -Way Deed Located within Section 8, Block JS LU Q. 14 77 o UNSUBDIVIDED tv C> Iv o-% TR A ------------- city 1*LubO& TEX41 nit,ritul OrlhuplvilogruphN. - MaN 241,23 Resolution No. 2024-R0321 MEMORANDUM OF AGREEMENT NORTH MILWAUKEE & ERSKINE Project: Erskine Street AFFORDABLE STORAGE, LLC, County: Lubbock A T E X A S LIMITED LIABILITY COMPANY Parcel: 4 6305 82nd St. Lubbock, TX 79424 North Milwaukee& Erskine AlTcudable Storage, LLC, a Texas limited liability company, referred to in this Memorandum as "Grantor", agree to grant City of Lubbock, Texas, referred to as "Grantee", fee simple title to 0.2227 acre (9,703 sq. ft.) of land in Section 8, 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 Drainage Easement (the "Conveyance Instrument") is DONATED, and the landowner expect to receive in exchange Zero Dollars and NO/100 ($0.00). IT IS FUTHER AGREED that, as compensation for the improvements located within the proposed acquisition area, the total sum of ZERO DOLLARS and NO/100 ($0.00) shall be provided, as shown on the attached breakdown. 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 Drainage Easement 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 14DR 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 AGREEn Jia`. Burin<, the initial construction of the Project, the following special provisions shall I l:c �_':t�, of Lubbock has agreed to build five (5) commercial thirty-foot (-)W)cir: vc\; a�% sin exchange for the necessary property to complete the Erskine Street 1,Vlo'c;ling project. See attached schematic as Exhibit "B." (collectively "Construction Special Provisions"). IT IS FURTHER UNDERSTOOD 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 contemporaneously with and as a part of the overall agreements between the parties this the 24th day of June , 2024. Memorandum or Agreement Ver. 8.15,23 GRANTEE: CITY OF LUBBOCK BY: Ken Jernbera, Wight of W Agent DATE: 6i24/24 GRANTOR: NORTH MILWAUKEE & ERSKINE AFFORDABLE STORAGE, LLC, A T E )VA S LImrrEa. BILITY COMPANY BY: Michael Postai,Mole M DATE: (I . i , I , Memorandum of Agreement Ver. 8.15,23 Project Name Erskine Street Project Number 92713 Managing Department Public Works Engineering . r r Project Manager Josh Kristinek Project Classifcatiar New Roadways - Project Status Approved Project Scope This project will fund the paving and improvement of existing local residential and collector gravel roads in existing subdivisions where the roads were never improved by the developer. This project will fund the design and construction of various inadequate transportation elements within these areas of the City including unimproved roadway surfaces, unsafe roadway widths, drainage improvements, street lighting, and ADA compliance. Project Justification Areas of the City of Lubbock have existing local residential roadways that are gravel and not improved with a paved surface. These roadways were part of developments where the roads were never improved by the developer. These roadways do not meet the City's Standard Specifications and this project will help improve mobility and safety in these residential areas. Project History $11,300,000 was appropriated in FY 2020-21, Budget Amendment No. 35, Ord. No. 2020-00077, July 13, 2021. Appropriation Derail Appropriation to Date FY 2022-23 FY 2023-24 Unappropriated Planning Years FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Project Amount Construction 11,300,000 0 0 0 0 0 0 11,300,000 Total Project Appropriation 11,300,000 0 0 0 0 0 0 11,300,000 Funding Detail Funding to Date FY 2022-23 FY 2023-24 Unappropriated Planning Years FY 2024-25 FY 2025.26 FY 2026.27 FY 2027-28 Total Funding FY 2021 Tax Supported Revenue CO's 11,300,000 0 0 0 0 0 0 11.300,000 Total Funding Sources 11,300,000 0 0 0 0 0 a 11,300,000 Operating Budget Impact FY 2022-23 FY 2023-24 Unappropriated Planning Years FY 2024-25 FY 2025-26 FY 2026.27 FY 2027.29 Total Impact No Impact Anticipated 0 0 0 0 0 0 0 Total operating Budget Impact 0 0 0 0 0 0 0 FY 2022-23 Operating Budget and Capital Program 322 Capital Project Number: Capital Project Name: Encumbered/Expended City of Lubbock Staff Time City of Lubbock, TX Capital Project Project Cost Detail July 2nd 2024 92819 Milwaukee Avenue from 4th Street to the North City Limits - 22B Contract 17087 Milwaukee Reconstruction Design & ROW with HDR, Inc. Land Acquisition to Date Traffic System Improvements Agenda Items, Judy 23rd, 2024 Erskine Parcel 4 Land Acquisition Encumbered/Expended To Date Estimated Costs for Remaining Appropriation Property Acquisition, Utility Adjustments, and Roadway Construction Remaining Appropriation Budget $ 18,371 1,403,292 157,708 24,494 1,603,865 15,396,135 Total Appropriation $ 17,000,000