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HomeMy WebLinkAboutResolution - 2021-R0369 - 3 Street & Public Use Dedication Deeds - Sections 30 and 34 Block AK 9.28.21Resolution No. 2021-R0369 Item No. 7.10 September 28, 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 accept for and on behalf of the City of Lubbock three Street and Public Use Dedication Deeds in connection with certain real property located in Sections 30 and 34, Block AK, Lubbock County, Texas, to be utilized for the Upland Avenue Roadway Project, and all related documents. Said Dedication Deeds are 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 ATTEST: - QJ,10_� JNC Rebe ca Garza, City Secr to APPROVED AS TO CONTENT: September 28, 2021 �_4 DANIEL M. POPE, MAYOR Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Rya"okeAssistant'Gity Attorney RES.3 Dedication Deeds -Section 30 & 34, Block AK 9.10.21 Recor d EI ctroniically Resolution No. 2021-R0369 io ?.D County Date. Time C eco,ding 855-200-1150 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT HARVEST CHURCH LUBBOCK, INC., 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 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 August, 2021. HARVEST CHURCH LUBBOCK, : Bracken K. Christen, President 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 Bracken K. Christen, President, 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 the act and deed of HARVEST CHURCH LUBBOCK, INC., a Texas non-profit corporation. GIVEN UNDER MY HAND of August, 2021. YOUNG =DENAE Sibs of Texas12883046I(a MyEkes 14�1.2023 AN SEAL OF OFFICE this day tary P"in T& the SffatofTexas My Commission Expires: I!) - 2 1 -Qnn a960Z-0Z0Z#aJ L Ob6L ssxay `xooggnj f 200Ta u4L X anV V t E L t zatag0 uaTag : uggv 13[ooggnq 30 A4TO oq uan4au THE STATE OF TEXAS § THE COUNTY OF LUBBOCK § That LUBBOCK NATIONAL 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 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 LUBBOCK NATIONAL BANK has caused these presents to be signed by its duly authorized officer at Lubbock, Lubbock County, Texas, on August r2a, 2021. LUBBOCK NATIONAL BANK 1;> - - By: Printed Name: This instrument was acknowled d before me on August , 2021, by PCLLLI as of And in the capacity therein stated. i DENAE YOUNG Nolery Public, SO of Texas Notary ublic, State of Texas Notary IN 128 M6.1 My Cwdsim Expires 12-21.2023 DEDICATION DEED II z °, LLJ QII N ry IW pij III I I~ "=50' z SCALE: 1 3 —I ` �- 0.5 ACRE a HARVEST CHUROY LUBSOCK, INC. I 0 ACRE COW 2016034553 Z ti ALFRED 8 SH/RLEY 65/0 UPLAND AVF m BROCKOPP VCY-. /894 PG 374 /O' TRANSM1I/SS/pN Lgl/E EASEMENT a� - — — — — — — -- VCV./60B8)cK523 r, Line Table Line # Length Direction Ll 15.00' N880 09' 27"W L2 21.22' N460 51' 08"E L3 15.00' SO ° 51' 42"W PORT/ON CF TRACT 'A" RNE GROVE ESTATES MMUY a EL/ZABETH S/NOLA/R D VOL. 775/, PG 202 $ 6503 UPLAND AIE EXHIBIT IIAII — — — — h VAR/ABLEWVTHR/GHT-CIS-WAY " L 1 by FLAT 66TH STRE T 4o'R/c�'T-ate-WAY P.O.B. CY/MM/S/0lRS COURT MINUTES, SEPTEMBER 2t� /9/5 N= 7,260,457.33' (STRIP PAVE) — — — E= 910,176.2 1' 40'R/GHT-oF-WAY vv LW405S/CKERS COYIRT MINUTES SEPT. TPEo v VARIABLE WIDTH PP � RIGHT-OF-WAY = /—' —`—"— • —_ PARCEL 115 WL. /042I. PG. 188 I Cr0 5.14 ACRES — — — — / BRANDON SANDERSON PARCEL 115-A / VOL. 8544 PG. 37 /4.74 ACRES y I I/ 660/ UPLAND AlE — — SOUTH PLAINS ELECTRIC COOPERAT/VE 3 c, 3 �F — — — — — t VOL. 759/, PG. 2/8 PARCEL 75 6502 UPLAND AlE t� Note: This parcel is subject to an blanket Pipeline easement that � I � this surveyor is unable to locate as described in Volume 1245, r I°b I Page 505, Deed Records, Lubbock County, Texas. Recorded or t I I x unrecorded documents other than those shown on this survey may exist and encumber this property. UPLAND AVENUE DESIGN PROJECT HUGO REED LEGEND: 66TH STREET TO 114TH STREET ,Sti OF 1'� AND ASSOCIATES, INC. SURVEYED PROPERTY GI S TF,p ADJACENT PROPERTY �o LAND SURVEYORS 1601 AVENUE N — RIGHT-OF-WAY Parcel 76 -Permanent Easement CIVIL ENGINEERS LUBBOCK, TEXAS 79401 — — — EASEMENT PERIMETER SURVEY OF A JOHN E. ALLEN TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 0 - SET 1/2' ROD w/CAP 0.003 ACRE PARCEL LOCATED IN A 5895 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Q . PD. 1/2" ROD w/CAP SECTION 34, BLOCK AK F l0 Bearings are relative to the Texas Coordinate System of 1983, P.O.B.- POINT OF BEGINNING LUBBOCK COUNTY, TEXAS North Central Zone, NAD 83 (2011), Epoch 2010.0 CCFN- COUNTY CLERK FILE NUMBER, Distances and coordinates are surface, U.S. Survey feet. LUBBOCK COUNTY, TEXAS Combined Scale Factor: 1.0002485 John E. Allen, Registered Professional Land Surveyor No.5895 Surveyed on the ground. State of Texas June 12, 2020 Copyright 2020, Hugo Reed and Associates, Inc. Page 1 of 2 DESCRIPTION FOR PARCEL 76 METES AND BOUNDS DESCRIPTION of a 0.003 acre (112 sq. ft.) parcel located in Section 34, Block AK, Lubbock County, Texas, being a portion of 0.5 acre described in County Clerk File Number (CCFN) 2016034553, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set (N=7,260,457.33', E=910,176.211) in the West line of a 40.00 foot Right -of -Way described in Volume 486, Page 446, Deed Records, Lubbock County, Texas, and in the North line of a 20.00 foot Right -of -Way described in Commissioner's Court Minutes, September 20, 1915, which bears N. 88° 09' 27" W. a distance of 40.00 feet and N. 01' 51' 42" E. a distance of 20.00 feet from a railroad spike found at the Southeast corner of said Section 34, Block AK, for the Southeast comer of this parcel; THENCE N. 880 09' 27" W. along said North line of said 20.00 foot Right -of -Way, parallel with and 20.00 feet from the South line of said Section 34, Block AK, a distance of 15.00 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set for the Southwest comer of this parcel; THENCE N. 460 5 P 08" E. a distance of 21.22 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set in said West line of said 40.00 foot Right -of -Way for the Northernmost comer of this parcel; THENCE S. 010 51' 42" W. along the said West line of said 40.00 foot Right -of -Way a distance of 15.00 feet to the Point of Beginning. Containing 0.003 acre (113 sq. ft.) of land, more or less. UPLAND AVENUE DESIGN PROJECT 66TH STREET TO 114TH STREET Parcel 76 - Permanent Easement PERIMETER SURVEY OF A 0.003 ACRE PARCEL LOCATED IN SECTION 34, BLOCK AK LUBBOCK COUNTY, TEXAS John E. Allen, Registered Professional Land Surveyor No.5895 �fG OF TCC' y' (9l S TE�� Gd I JOHN E. ALLEN r` .0 5895 a! HUGO 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 Bearings are relative to the Texas Coordinate System of 1983, E 10 R� • North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.0002485 Surveyed on the ground. June 12, 2020 Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 2' PILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County, TEXAS 02/25/2022 03:51 PM Recording Fee: $38.00 2022009492 WAIVER VALUATION MEMORANDUM To: John Allen, PE, RPLS Vice President Engineering Surveying, Hugo Reed and Associates, Inc. From: Dee Hart, Lead Negotiator President, Rusty Oak Land Services, LLC Subject: Waiver Valuation, Parcel 76, acquisition of land owned by Harvest Church Lubbock, Inc. located in Section 34, Block AK, being a portion of a 0.5 acre tract as described in County Clerk File Number 2016034553, Lubbock County, Texas The Uniform Relocation Assistance and Real Property Acquisitions for Federal and Federally Assisted Programs Act (Uniform Act) of 1970, as amended, (42 U.S.C. 4601, et seq.) and regulation at 49 CFR 24.102(2)(ii) provide the option to complete a waiver valuation if the valuation of the property is uncomplicated and estimates the anticipated value of the proposed acquisition to be $10,000 or less, based on a review of available data. I have determined that this acquisition meets the waiver valuation requirements. I inspected the subject property on July 15, 2021. The total land area within the proposed acquisition is 0.003 acres (113 square feet) referenced on the attached survey/map (Exhibit "A"). I also received sales information from the assigned project appraiser. With the information gathered from the project appraiser, I have determined there is no significant difference in the market value among comparable properties. The analysis and investigation I conducted on the acquisition confirms the value of the subject property is $10,000 or less. The land value based on the attached market evidence is $4.42 per square foot for a total estimated value of $499.46, rounded to $500.00 plus $1,197.00 for fence relocation costs to cure. My analysis is subject to the limitations that the valuation of the property for this type of acquisition is uncomplicated, non -controversial, and that there are no damages or special benefits to the remainder of the property. I hereby certify that I have no personal interest in this property. Dee Hart, Lead Negotiator Rusty Oak Land Services, LLC -27-Z) Date I agree that due to the low value and the simplicity of the appraisal problem, this action does not require the in-depth documentation and presentation necessary in a full appraisal report. I, therefore, agree with the value of $ [insert dollar amount], as the estimate of just compensation as authorized by regulation at 49 CFR 102(c) (2). - - -_ 4 f, OB, . Allen, PE, RPLS o Reed and Associates, Inc. 6 - 30 - Zozl Date Cl" of "V60CV- RDW 2021088827 S PGS DED Re olutin No. 2021-R003369 mill Ili 171 MINWIM 1411, V10111111 THE STATE OF TEXAS COUNTY OF LUBBOCK 0 KNOW ALL MEN BY THESE PRESENTS: THAT HARVEST CHURCH LUBBOCK, INC., 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 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 Wday of August, 2021. 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 Bracken K. Christen, President, 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 the act and deed of HARVEST CHURCH LUBBOCK, INC., a Texas non-profit corporation. GIVEN UNDER MY HAND of August, 2021. F10DENAE YOUNG Notary RW so d Texas Nfty of 128A804M1 --mycondub EON.12-21.2023 AND SEAL OF OFFICE thi§Iy 4 On D, qn b u is in anor the Sta0W of Texas My Commission Expires: Q 11 THE STATE OF TEXAS § THE COUNTY OF LUBBOCK § That LUBBOCK NATIONAL 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 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 LUBBOCK NATIONAL BANK has caused these presents to�e, signed by its duly authorized officer at Lubbock, Lubbock County,Texas, on August aj-P, '2021. LUBBOCK NATIONAL BANK By: Printed Name:fc- This instrument was acknowledged before me on August r , 021, by as ofand in the capacity therein stated. DENAE YOUNG 01A 0.2 9, q01 L!n--M- Nfty Pft, State of Texas Public, State of Texas No" 1D6120046-1 MY won E#as 12-21.2023 DEDICATION DEED y SCALE: V=100' P" a Q'Qb 0 I a �5 o a o �� _j X )7j I I 3 h P.O.B. Q N= 7 259,337.87' oE= 910,220.51' iR I I I Note: Recorded or unrecorded documents other than those shown on this survey may exist encumber this property. lIand I UPLAND AVENUE DESIGN PROJECT 66TH STREET TO 114TH STREET Parcel 114 - Permanent Easement PERIMETER SURVEY OF A 0.052 ACRE PARCEL LOCATED IN SECTION 30, BLOCK AK LUBBOCK COUNTY, TEXAS EXHIBIT "A" Py � yz1 L t VIP 2 /401W �� �� � Q PGF' JOL 6g // B� 6 6RADE0 t7R/ JE —WVW FRAME SHED Line Table Line # Length Direction Ll 146.84' NOl° 49' 42"E L2 18.56' N550 45' 19"E L3 157.77' SO ° 49' 42"W L4 15.00' N88° 10' 18"W 0.46 ACRES LU880a( KK8 PROPERTY DEVELOPMENT, L L C CCFN W18036647 6907 UPLAND A IAE. PARitL 120 II I LEGEND: I TRACT A, cri'OWN PARK ✓KLM INVESTMENTS -SURVEYED PROPERTY 3 I CCFN 21006046498 ADJACENT PROPERTY �Q 6901UPLANDAPE. ----- -RIGHT-OF-WAY -EASEMENT I � -SET 1/2" ROD w/CAP Cf' - FD. 1/2" ROD w/CAP - PD. 1/2" IRON PIPE P.O.B.- POINT OF BEGINNING — -- — — — — CCFN- COUNTY CLERK FILE NUMBER, — I — — LUBBOCK COUNTY, TEXAS HUGO REED 144 % AND ASSOCIATES, INC. T G1STE'f' LAND SURVEYORS 1601 AVENUE N tjj a CIVIL ENGINEERS LUBBOCK, TEXAS 79401 JOHN E. ALLEN TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 5895 4/ TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Bearings are relative to the Texas Coordinate System of 1983, B ♦O North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.0002485 John E. Allen, Registered Professional Land Surveyor No.5895 Surveyed on the ground. State of Texas September 9, 2020 Copyright 2020, Hugo Reed and Associates, Inc. Pagel of 2 M , DESCRIPTION FOR PARCEL 114 METES AND BOUNDS DESCRIPTION of a 0.052 acre parcel located in Section 30, Block AK, Lubbock County, Texas, being the East 15.00 feet of the West 55.00 feet of a 2.741 acre tract described in Volume 8615, Page 336, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" (N=7,259,337.87, E=910,220.5 P) set in the South line of said 2.741 acre tract and in the North line of a 0.46 acre tract described in County Clerk File Number 2018036647, OPRLCT, and in the East line of a 40.00 foot Right -of -Way described in Volume 782, Page 695, Deed Records, Lubbock County, Texas (DRLCT), which bears S. 01°49'42" W. a distance of 1097.45 feet and S. 88°10'18" E. a distance of 40.00 feet from a railroad spike found at the Northwest corner of said Section 30, Block AK, for the Southwest corner of this parcel; THENCE N. 0104942" E. along said East line of said 40.00 foot Right -of -Way a distance of 146.84 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set in the Northerly line of said 2.741 acre tract and in the Southerly line of Marsha Sharp Freeway being a 230.00 foot State of Texas Right -of -Way described in Volume 684, Page 475, DRLCT, for the Northwest corner of this parcel; THENCE N. 55045'19" E. along the common line of said 2.741 acre tract and said Marsha Sharp Freeway, at 12.37 feet pass a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" found, continuing for a total distance of 18.56 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set for the Northeast corner of this parcel; THENCE S. 0104942" W. parallel with and 55.00 feet from the West line of said Section 30, Block AK, a distance of 157.77 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set in said South line of said 2.741 acre tract and in said North line of said 0.46 acre tract, for the Southeast comer of this parcel; THENCE N. 88010' 18" W. along the common line of said 2.741 and said 0.46 acre tract, at 5.00 feet pass a 1/2" iron pipe found, continuing for a total distance of 15.00 feet to the Point of Beginning. Containing 0.052 acre (2285 sq. ft.) of land, more or less. UPLAND AVENUE DESIGN PROJECT 66TH STREET TO 114TH STREET Parcel 114 - Permanent Easement PERIMETER SURVEY OF A 0.052 ACRE PARCEL LOCATED IN SECTION 30, BLOCK AK LUBBOCK COUNTY, TEXAS John E. Allen, Registered Professional Land Surveyor No.5895 OF Surveyed on the ground. September 9, 2020 HUGO REED I—FIAND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 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: 1.0002485 Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEXAS 10/28/2021 01:10 PM FEE: $38.00 20210Sg827 Gf Lark 900 /46"^-Jer rtl;n9 2021052452 5 PGS DED Resolution No. 2021-R0369 ,III 1% MCI VI'AW ININLli alh 11111 IIII THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT LUBBOCK KKB PROPERTY DEVELOPMENT, LLC, a Texas 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 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 25t' day of August, 2021. LUBBOCK KKB PROPERTY DEVELOPMENT, LLC 16,-,t By: Kevin Reed, Member 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 Kevin Reed, Member, 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 the act and deed of LUBBOCK KKB PROPERTY DEVELOPMENT, LLC, a Texas limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25" day of August, 2021. - Un LA '�Kt Kchp�,, ?o�09-"P'. LETICIA SANCHEZ Notary Public, State of Texas Notary Public in and for the Stat Texas Notary IN111343fr4 My Commissar Eyes 1a13.2021 My Commission Expires: `�'Z-�3Z� THE STATE OF TEXAS § THE COUNTY OF LUBBOCK § That PlainsCapital 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 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 saidj�t ylAY1 WA has caused these presents to be signed by its duly authorized officer at Lubbock, Lubbock County,Texas, on August 25, 2021. PlainsCapital Bank By:`� Printed Name: FGA{►VP V►U 1presO" This instrument was acknowledged before me on August 25, 2021, by 1 li 1(� i , as V10 PMiir\iof RQ1WSC6giW Vun', , and in the capacity therein stated. S "y ` � LETICIA SANCHEZ Notary Public, Slate of Texas Notary Public, State of Texas Notary 10# 11134364 ' My Commission Expires 10.13.2021 DEDICATION DEED 62��2 SCALE: 1"=50' y �� P Cj P�Qo��PG� s tir- JV' i I ti J M I I I Note: Recorded or unrecorded documents other than those I shown on this survey may exist and encumber this property. UPLAND AVENUE DESIGN PROJECT 66TH STREET TO 114TH STREET Parcel 120 - Permanent Easement PERIMETER SURVEY OF A 0.005 ACRE PARCEL LOCATED IN SECTION 30, BLOCK AK LUBBOCK COUNTY, TEXAS John E. Allen, Registered Professional Land Surveyor No.5895 State of Texas EXHIBIT IIAII II ' II ® J = r v 2.74/ ACRES FAM/LYHARvEST CHURLS; LLC PG. 336 Cd I m 3 I o Ia. 86/5, O N 122/ MARSHA SHARP FREEWAY I I Wjj o GREED DIVVE P.O.B. N= 7,259,337.87' E= 910,220.5 F 0.46 ACRES C� WOOD FRAME SHED LU880CK KK8 P 0 ERTY DEVELOPMENT, LL C CLFN 2018036647 6907 UPLAND AVE TRACT A CROWN PARK dKLM INWSTMENTS CCFN 2008046498 690/ UPLAND AW Line Table Line # Length Direction L1 15.00' S880 10' 1811E L2 14.00' SO1 ° 49' 42"W L3 15.00' N88° 10' 18"W LA 14.00' NO1 ° 49' 42"E ------------------------ -v'4w,FR6RoawUT/L/TY W'GASLAVEEASEMENT EASEMENT AY PLAT VOL. /466 PG 468 HUGO REED I—fq T T� AND ASSOCIATES, INC. �Q+' GISTFp_ "f' LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 JOHN E. ALLEN TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 .0 5895 TEXAS REGISTERED ENGINEERNG FIRM F-760 FAX: 806 / 763-3891 E 1O Bearings are relative to the Texas Coordinate System of 1983, y�• North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.0002485 Surveyed on the ground. September 9, 2020 1 Copyright 2020, Hugo Reed and Associates, Inc. Pagel of 2 1<.Til_'Ti.Nll_ - SURVEYED PROPERTY ADJACENT PROPERTY ----- - RIGHT-0E-WAY — — — -EASEMENT - SET W" ROD w/CAP l] - FD 1/2" IRON PIPE Q - FD RAILROAD SPIKE P.O.B.- POINT OF BEGINNING CCFN- COUNTY CLERK FILE NUMBER, LUBBOCK COUNTY, TEXAS DESCRIPTION FOR PARCEL 120 METES AND BOUNDS DESCRIPTION of a 0.008 acre parcel located in Section 30, Block AK, Lubbock County, Texas, being the East 15.00 feet of the West 55.00 feet of a 0.46 acre tract described in County Clerk File Number (CCFN) 2018036647, Official Property Records, Lubbock County, Texas (OPRLCT), being fiuther described as follows: BEGINNING at a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" (N=7,259,337.87', E=910,220.5I) set in the most Southerly North line of said 0.46 acre tract and in the South line of a 2.741 acre tract and in the East line of a 40.00 foot Right -of -Way described in Volume 782, Page 695, Deed Records, Lubbock County, Texas, which bears S. 01°4942" W. a distance of 1097.45 feet and S. 88°10'18" E. a distance of 40.00 feet from a railroad spike found at the Northwest corner of said Section 30, Block AK, for the Northwest corner of this parcel; THENCE S. 88010'18" E. along the common line of said 0.46 acre tract and the South line of said 2.741 acre tract, at 10.00 feet pass a 1/2" iron pipe found, continuing for a total distance of 15.00 feet to a 1/2" iron rod with yellow cap marked "HUGO REED ASSOC" set for the Northeast corner of this parcel; THENCE S. 01049'42" W. parallel with and 55.00 feet from the West line of said Section 30, Block AK, a distance of 14.00 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set in the South line of said 0.46 acre tract and in the North line of a 65.00 foot Right -of -Way described in Tract A, Crown Park, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof recorded in CCFN 2008041871, OPRLCT, for the Southeast corner of this parcel; THENCE N. 88010' 18" W. along the common line of said 0.46 acre tract and the said North line of said 65.00 foot Right -of -Way a distance of 15.00 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set in the said East line of a 40.00 foot Right -of -Way, for the Southwest corner of this parcel; THENCE N. 01 049'42" E. along the East line of said 40.00 foot Right -of -Way a distance of 14.00 feet to the Point of Beginning. Containing 0.005 acre (210 sq. ft.) of land, more or less. UPLAND AVENUE DESIGN PROJECT HUGO REED 66TH STREET TO 114TH STREET I—fq AND ASSOCIATES, INC. &IQ+' GI S TE�y Parcel 120 - Permanent Easement o t/1 LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 PERIMETER SURVEY OF A JOHN E. ALLEN TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 0.005 ACRE PARCEL LOCATED IN .0 5895 Q! TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 SECTION 30, BLOCK AK a lO Bearings are relative to the Texas Coordinate System of 1983, LUBBOCK COUNTY, TEXAS North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.0002485 John E. Allen, Registered Professional Land Surveyor No.5895 Surveyed on the ground. State of Texas Se tember 9, 2020 Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS L• Kelly Pinion County Clerk Lubbock County TEXYS 10/12/2021 12:60 PM FEE: 38.00 2021 S2452 WAIVER VALUATION MEMORANDUM To: John Allen, PE, RPLS Vice President Engineering Surveying, Hugo Reed and Associates, Inc. From: Dee Hart, Lead Negotiator President, Rusty Oak Land Services, LLC Subject: Waiver Valuation, Parcel 120, acquisition of land owned by Lubbock KKB Property Development, LLC, located in Section 30, Block AK, being a portion of a 0.46 acre tract as described in County Clerk File Number 2018036647, Lubbock County, Texas. The Uniform Relocation Assistance and Real Property Acquisitions for Federal and Federally Assisted Programs Act (Uniform Act) of 1970, as amended, (42 U.S.C. 4601, et seq.) and regulation at 49 CFR 24.102(2)(ii) provide the option to complete a waiver valuation if the valuation of the property is uncomplicated and estimates the anticipated value of the proposed acquisition to be $10,000 or less, based on a review of available data. I have determined that this acquisition meets the waiver valuation requirements. I inspected the subject property on July 26, 2021. The total land area within the proposed acquisition is 0.005 acres (210 square feet) referenced on the attached survey/map (Exhibit "A"). I also received sales information from the assigned project appraiser. With the information gathered from the project appraiser, I have determined there is no significant difference in the market value among comparable properties. The analysis and investigation I conducted on the acquisition confirms the value of the subject property is $10,000 or less. The land value based on the attached market evidence is $3.50 per square foot for a total estimated value of $735.00, rounded to $735.00 including all improvements thereon. My analysis is subject to the limitations that the valuation of the property for this type of acquisition is uncomplicated, non -controversial, and that there are no damages or special benefits to the remainder of the property. I hereby certify that I have no personal interest in this property. Dee Hart, Lead Negotiator RustyOak Land Services, LLC Date I agree that due to the low value and the simplicity of the appraisal problem, this action does not require the in-depth documentation and presentation necessary in a full appraisal report.l, therefore, agree with the value of $735.00, as the estimate of just compensation as authorized by regulation at 49 CFR 102(c) (2). jai E- Joh Ilen, PE, RPLS Date Hu Reed and Associates, Inc. 62��2 5 SCALE: I"=50' w\Py J // $W a� / J k I I Note: Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. UPLAND AVENUE DESIGN PROJECT 66TH STREET TO 114TH STREET Parcel 120 - Permanent Easement PERIMETER SURVEY OF A 0.005 ACRE PARCEL LOCATED IN SECTION 30, BLOCK AK LUBBOCK COUNTY, TEXAS John E. Allen, Registered Professional Land Surveyor No.5895 I II II® Ilm� 1 O 0 v I agoED DR! ' I P.O.B. ® LI �— WOOD FRAME SHED N= 7,259,337.87 � 0 E=910,220.5F ICI I N WI W L LJ QI� a Qlcn OF l� � JOHN E. ALLEN Surveyed on the ground. September 9, 2020 TRACT A CROWN PARK LM INI/ES7-MENTS CCFN a'208046498 690/ UPLAND AVE EXHIBIT IIAII 2.741 ACRES FAM/L YHARIEST a-luRC%/, LLC VOL. 86/5, PIG. 336 722/ MARSHA SHARP FREEWAY 0.46 AG4ES L U880ar KKB PRo ERTY DEVELOPMENT, L L C CCFN,W18036647 6907UPLA1VD AW Line Table Line # Length Direction Ll 15.00' S880 10' 18"E L2 14.W S01 ° 49' 42"W L3 15.W N880 10' 18"W 14 14.00' N010 49' 4211E 20'"k-RCR0LW0 UTL/TY 2!D'GAS LAE EASEMENT _ — — — — — — EASEMENTAYPLAT AX. 1466 PG 468 HUGO REED I_fqAND ASSOCIATES, INC LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-7W FAX: 806 / 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: 1.0002485 Copyright 2020, Hugo Reed and Associates, Inc. Page I of 2 r.F.CW..ND! -SURVEYED PROPERTY - ADJACENT PROPERTY ----- -RIGHT-OF-WAY -EASEMENT - SET 1/2" ROD w/CAP - FD 1/2" IRON PIPE Q - FD RAILROAD SPIKE P.O.B.- POINT OF BEGINNING CCFN- COUNTY CLERK FILE NUMBER, LUBBOCK COUNTY, TEXAS DESCRIPTION FOR PARCEL 120 METES AND BOUNDS DESCRIPTION of a 0.008 acre parcel located in Section 30, Block AK, Lubbock County, Texas, being the East 15.00 feet of the West 55.00 feet of a 0.46 acre tract described in County Clerk File Number (CCFN) 2018036647, Official Property Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" (N=7,259,337.87', E=910,220.5P) set in the most Southerly North line of said 0.46 acre tract and in the South line of a 2.741 acre tract and in the East line of a 40.00 foot Right -of -Way described in Volume 782, Page 695, Deed Records, Lubbock County, Texas, which bears S. 01°4942" W. a distance of 1097.45 feet and S. 88°10'18" E. a distance of 40.00 feet from a railroad spike found at the Northwest corner of said Section 30, Block AK, for the Northwest comer of this parcel; THENCE S. 88010'l8" E. along the common line of said 0.46 acre tract and the South line of said 2.741 acre tract, at 10.00 feet pass a 1/2" iron pipe found, continuing for a total distance of 15.00 feet to a 1/2" iron rod with yellow cap marked "HUGO REED ASSOC" set for the Northeast corner of this parcel; THENCE S. 0104942" W. parallel with and 55.00 feet from the West line of said Section 30, Block AK, a distance of 14.00 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set in the South line of said 0.46 acre tract and in the North line of a 65.00 foot Right -of -Way described in Tract A, Crown Park, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof recorded in CCFN 2008041871, OPRLCT, for the Southeast corner of this parcel; THENCE N. 88010'18" W. along the common line of said 0.46 acre tract and the said North line of said 65.00 foot Right -of -Way a distance of 15.00 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set in the said East line of a 40.00 foot Right -of -Way, for the Southwest comer of this parcel; THENCE N. 0104942" E. along the East line of said 40.00 foot Right -of -Way a distance of 14.00 feet to the Point of Beginning. Containing 0.005 acre (210 sq. ft.) of land, more or less. UPLAND AVENUE DESIGN PROJECT 66TH STREET TO 114TH STREET Parcel 120 - Permanent Easement PERIMETER SURVEY OF A 0.005 ACRE PARCEL LOCATED IN SECTION 30, BLOCK AK LUBBOCK COUNTY, TEXAS John E. Allen, Registered Professional Land Surveyor No.5895 0 A OF 'ED '�� CIO� JOHN E. ALLEN Surveyed on the ground. September 9, 2020 1-14 HUGO 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 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: 1.0002485 Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 2 Capital Project Number: Capital Project Name: City of Lubbock, TX Capital Project September 14, 2021 92510 Upland Avenue 66th Street to 82nd Street Budget Encumbered/Expended Staff Time $ 29,829 Kimley Horn Contract No. 14034 1,180,000 Kimley Horn Amendment #1 1,373,400 TxDOT Construction Advandce Funding Agreement 948,931 TxDOT Design Advanced Funding Agreement 3,760 ROW Acqusition 7-13-2021 56,318 ROW Acqusition Parcel 70 5,221 ROW Acqusition Parcel 71 12,512 ROW Acqusition Parcel 108 41,307 ROW Acqusition Parcel 66 21,600 Agenda Item September 28, 2021 ROW Acqusition Parcel 76 1,697 ROW Acqusition Parcel 114 18,280 ROW Acqusition Parcel 120 735 Encumbered/Expended to Date 3,693,590 Estimated Costs for Remaining Appropriation ROW Acquisition Construction Remaining Appropriation Total Appropriation 800,000 1,866,721 2,666,721 $ 6,360,311 Project Name Upland Avenue - 66th Street to 82nd Street Project Number 92510 Managing Department Engineering Project Manager Josh Kristinek Project Classification Infrastructure Improvements Project Status Approved Project Scope This roadway is designated in the 2018 Master Thoroughfare Plan to become a modified principal arterial. This roadway is currently two lane strip paved. Development and growth in this area has resulted in this roadway exceeding the current capacity of the two lane structure. The first year of this project will fund the Environmental Study and Engineering Schematics for the Upland Avenue Corridor between 66th Street and 114th Street. The proposed second year will fund the Right -of -Way acquisition ahead of the improvements between 66th Street and 82nd Street. The proposed third year will fund the Engineering Design and Construction of a 5-lane roadway section that will include pedestrian elements, drainage, street lighting, and ADA compliance between 66th Street and 82nd Street. Bid Date - Design:742018 Award Date for Bid - Design:8/23/2018 Project Start Date - Design: 8/23/2018 Project End Date - Design:4/24/2023 Bid Date - Construction:10/2022 Award Date for Bid - Construction: 1/2023 Project Start Date - Construction: 3/2023 Project End Date - Construction: 3/2024 Project Justification The City of Lubbock continues to strive to meet the transportation needs of the Citizens of Lubbock. The City must continue to anticipate the infrastructure needs for a growing population in order to provide a safe and efficient transportation system. Due to continued development in the area of Upland Avenue, this roadway has become congested and the road structure is requiring constant maintenance in order to safely serve the traveling public. The current construction of the Marsha Sharp Freeway and Upland Avenue intersection by the Texas Department of Transportation will only increase the need for these proposed improvements. This project has MPO participation. Project History $2,470,000 was appropriated in the FY 2017-18 Budget, Ord. No. 2017-00111, October 1, 2017. $448,687 was appropriated in the FY 2018-19 Budget, Ord. No. 2018-00109, October 1, 2018. $3.6 million was appropriated in the FY 2019-20 Budget, Ord. No. 2019-00129, October 1, 2019. $841,624 was appropriated in FY 2019-20 Budget Amendment No. 2, Ord. No. 2019-00146, October 22,2019. Reduced appropriation by $1,000,000 in FY 2019-20, Budget Amendment No. 22, Ord. No. 2020-00059, May 12, 2020. Appropriation Detail Appropriation to Date FY 2021-22 FY 2022-23 Unappropriated Planning Years FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Total Project Amount Land Acquisition 448,687 0 0 0 0 0 0 448,687 Construction 3,441,624 0 0 0 0 0 0 3,441,624 Design and Engineering 1,700,000 0 0 0 0 0 0 1,700,000 Right of Way Acquisition 770,000 0 0 0 0 0 0 770,000 Total Project Appropriation 6,360,311 0 0 0 0 0 0 6,360,311 Project Name Upland Avenue - 66th Street to 82nd Street Project Number 92510 Unappropriated Planning Years Funding to Total Funding Detail Date FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Funding FY 2010 Gateway Streets Revenue 448,687 0 0 0 0 0 0 448,687 CO'S FY 2018 Gateway Streets CO's 2,470,000 0 0 0 0 0 0 2,470,000 FY 2020 Gateway Streets Revenue 2,600,000 0 0 0 0 0 0 2,600,000 CO'S FY 2022 Gateway Streets Revenue 0 0 0 0 0 0 0 0 CO'S TxDOT Participation 841,624 0 0 0 0 0 0 841,624 Total Funding Sources 6,360,311 0 0 0 0 0 0 6,360,311 Unappropriated Planning Years Operating Budget Impact FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Total Impact No Impact Anticipated 0 0 0 0 0 0 0 Total Operating Budget Impact 0 0 0 0 0 0 0 Proposed Street and Public Use Dedication Deeds Along Upland Ave for Parcel 76 on Unsubdivided Land in Section 34, Block AK and Parcels 114 and 120 on Unsubdivided Land in Section 3o, Block AK MI,,' City of Lubbock TIXAS As, by Umpta 2051, Geospe0d Dab PooduGa of the Govamanl Coda tlda pmMtl b brbtarrratlaal papum Ord may not hew been prepred brw be wbbbfor 4d, w0markv. or --ft pupmft Adoem not napm an endargmudatrvayand 2, ,, only the apmdmeb rdad" WOW of pmpedy MuMabe. __ _ _ _- PARCEL 76 IUL� -- } -- I I I i W b�� I I glb I I I JsbrL I I SO I PARCEL 114 I PARCEL x Ii N A Digital Orthophotography - April 2020