HomeMy WebLinkAboutResolution - 2003-R0368 - Amendment To The Agreement With Burlington Northern And Santa Fe Railway Co. - 09_04_2003 (3)Resolution No. 2003-RO368
September 4, 2003
Item No. 31
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to the
Agreement With The Burlington Northern and Santa Fe Railway Company abandoning an
easement for pipeline and fiber optic communication lines in that section of former
railroad right-of-way required for the Marsha Sharp Freeway and all related documents.
Said Amendment 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 this 4th day of September 2003.
X1---
MARC McD UGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of Wa Agent
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
Office Practice Section
Resolution No. 2003—RO368
September 4, 2003
Item No. 31
AMENDMENT TO THE AGREEMENT BETWEEN THE BURLINGTON
NORTHERN AND SANTA FE RAILWAY COMPANY AND THE CITY OF
LUBBOCK REGARDING RELEASE AND CONVEYANCE OF MINERAL RIGHTS
AND EASEMENTS UNDER A PORTION OF THE RAILROAD RIGHT-OF-WAY TO
THE STATE OF TEXAS FOR HIGHWAY CONSTRUCTION
This amendment is entered into by and between The Burlington Northern and Santa Fe
Railway Company hereinafter called `BNSF," the City of Lubbock, Texas, hereinafter
called "CITY," on behalf of the Texas Department of Transportation, hereinafter called
"STATE" to be effective on the date last executed.
WHEREAS, The Burlington Northern and Santa Fe Railway Company does not
desire to dispose of the mineral rights reserved in the Quitclaim Deed dated March 29,
1990, recorded in Volume 3313 at Page 275 of the Deed Records of Lubbock County,
Texas; and
WHEREAS, the Texas Department of Transportation (hereinafter called
"STATE") does not require the mineral rights twenty-five feet below the right of way to
construct a highway on the Property;
NOW THEREFORE, the parties agree to amend the Agreement approved by the
City Council of the City of Lubbock February 13, 2003, in the following manner:
1. Article 3 shall be stricken and shall be amended to read as follows:
"ARTICLE 3. Consideration: CITY (with participation from the STATE)
agrees to pay BNSF ten thousand dollars ($10,000.00) in the form of
cash, certified funds or wire transfer funds for the release and quitclaim of
all their interest in the Property, including without limitation, those
property interests retained in the Quitclaim Deed dated March 29, 1990,
recorded in Volume 3313 at Page 275 of the Deed Records of Lubbock
County, Texas, and including, but not limited to easements for
construction, reconstruction, maintenance, use and/or operation of one or
more pipelines or fiber optic communication lines, facilities and
appurtenances in, under, across, along and through the Property and the
right to enter the Property for constructing, maintaining, or operating said
lines, but reserving the mineral estate in and under the Property below a
depth of twenty-five feet."
2. Exhibit 1 shall be replaced by the attached "Amended Exhibit 1".
IN TESTIMONY WHEREOF, BNSF and the CITY have executed on the dates
indicated, duplicate counterparts of this Amendment to the Agreement Between The
Burlington Northern and Santa Fe Railway Company and the City of Lubbock Regarding
Release and Conveyance of Mineral Rights and Easements under a Portion of the
Railroad Right -of -Way to the State of Texas for Highway Construction.
CITY OF LUBBOCK
B
;M/ARCMcDO AL, MAYOR
Date September 4, 2003
ATTEST:
C
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT,
Ed Bucy, Right of Way Agent
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
THE BURLINGTON NORTHERN AND
SANTA FE LW Y COMPANY.
By D.P, chneider
Title General Director Real Estate
Date November 24, 2003
LC: city att Linda 1 BNSF Amendment to Conveyance Agreement
Resolution No. 2003—RO368
Amended Exhibit 1
QUITCLAIM AND RELEASE
Date: 12003
Grantor: The Burlington Northern and Santa Fe Railway Company
Grantor's Mailing Address (including county)
Grantee: State of Texas, Texas Transportation Commission
Grantee's Mailing Address (including county)
Texas Department of Transportation
Attn: Claude Kneisley
135 Slaton Road
Lubbock, Lubbock County, Texas 79404-5201
Easements:
Subject to the reservation below, Grantor hereby quitclaims and
releases to Grantee all of its right, title and interest in, on, under or
to the Property, as described below, including, without limitation,
any and all rights reserved in that Quitclaim Deed dated March 29,
1990, from The Atchison, Topeka and Santa Fe Railway Company
to American Railway Corporation of Texas, recorded in Volume
3313 at Page 275 of the Official Public Records of Lubbock
County, Texas. Grantors reserve all of the oil, gas and sulphur and
other minerals in and under said land below a depth of twenty-five
feet, but waive any and all rights of ingress and egress to the
surface thereof for the purpose of exploring, developing, mining or
drilling for the same; provided, however, that operations for
exploration or recovery of any such minerals shall be permissible
so long as all surface operations in connection therewith are
located at a point outside the hereinafter described property and
upon the condition that none of such operations shall be conducted
so near the surface of said land as to interfere with the intended use
thereof or in any way interfere with, jeopardize, or endanger the
facilities of the Texas Department of Transportation or create a
hazard to the public users thereof; it being intended, however, that
nothing in this reservation shall affect the title and the rights of the
State to take and use without additional compensation any water,
stone, earth, gravel, caliche, iron ore gravel or any other road
stone, earth, gravel, caliche, iron ore gravel or any other road
building materials upon, in and under said land for the construction
and maintenance of the State Highway System of Texas.
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable
consideration.
Property: That certain railroad right-of-way and real property situated, lying
and being all in the County of Lubbock, State of Texas, which was
conveyed by The Atchison, Topeka and Santa Fe Railway
Company (now known as The Burlington Northern and Santa Fe
Railway Company) to American Railway Corporation of Texas by
deed dated March 29, 1990, and recorded in Volume 3313 at Page
275 of the Official Public Records of Lubbock County, then to
West Texas & Lubbock Railroad Co., Inc. by deed dated October
30, 1995, and recorded in Volume 5007, Page 207 of the Official
Public Records of Lubbock, County, Texas, which is in the process
of being conveyed to the State of Texas acting by and through the
Texas Transportation Commission, and more fully described by
metes and bounds description in Exhibit "A" attached hereto and
made a part hereof for all purposes
For the consideration, the receipt of which is acknowledged, Grantor acknowledges its
release of the Easement Interests, and does hereby remise, release, quitclaim, and
relinquish all Easement Interests and does further hereby quitclaim to the State of Texas
all of its right, title and interest in the Property, including the Easement Interests owned at
the time of this conveyance.
When the context requires, singular nouns and pronouns include the plural.
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
By:_
Name:
Title:
Acknowledgment
State of Texas
County of _
This instrument was acknowledged before me on
by
Quitclaim and Release — BNSF Page 2
Notary Public
My Commission Expires
Corporate Acknowledgment
State of Texas
County of
This instrument was acknowledged before me on
by ,
of , a
corporation, on behalf of said corporation.
Notary Public
My Commission Expires
LC: City att / Linda / BNSF Release of Easements
August 20, 2003
Quitclaim and Release — BNSF Page 3
Resolution No. 2003-R0368
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA e NEVADA - UTAH
County:
Lubbock
Account No:
8005-01-20
CSJ No:
0380-01-053
Highway No:
U.S. 82
Parcel No:
1RR
Grantor:
West Texas and Lubbock Railroad Company, Inc.
Being 37.035 hectares (91.515 acres) of land out of Sections 35, 36 & 37, Block-A-K, Sections
1, 2, 5 & 6, Block E-2, Sections 15 & 17, Block B and Sections 19 & 20, Block A, which tract of
land was conveyed by the Seagraves, Whiteface and Lubbock Railroad to the West Texas and
Lubbock Railroad by Deed dated October 30, 1995 and recorded in Volume 5007, Page 207, of
the Official Real Property Records of Lubbock .County, Texas, of which said 37.035 hectares
(91.515 acres) of land is more particularly described as follows:
BEGINNING at a 1/2' Iron Rod, set for the beginning corner of this parcel, whence the Northeast
corner of said Section 35, Block A-K bears South 8703825" East, 150.690 meters (494.39 feet)
and North 02°22'15" East, 709.301 meters (2327.10 feet);
(1) THENCE North 56° 16'50" East, _ 19.818 meters (65.02 feet) to a 1/z" Iron Rod with Cap,
set for the Southwest corner of a 3.048 meters (10.00 feet) construction and overhead electrical
easement and for a corner of this parcel;
(2) THENCE North 56°1750" East, 166.628 meters (546.68 feet) to a 1/2" Iron Rod with
Cap, set for a corner of this parcel;
(3) THENCE South 02122'14" West, 9.431 meters (30.94 feet) to a 1/2' Iron Rod with Cap,
set for a corner of this parcel;
(4) THENCE North 56-16'10" East, 550.570 meters (1806.33 feet) to a 1/2" Iron Rod with
Cap, set for a corner of this parcel;
PARLDOC
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(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO - ARIZONA * NEVADA - UTAH
(5) THENCE North 3304351" West, 7.620 meters (25.00 feet) to a'/2" Iron Rod with Cap,
set for a corner of this parcel;
(6) THENCE North 56°16'08" East, 451.349 meters (1480.80 feet) to a '/2" Iron Rod with
Cap, set for a corner of this parcel;
(7) THENCE South 02°21'40" West, 9.434 meters (30.95 feet) to a `/2" Iron Rod with Cap,
set for a corner of this parcel;
(8) THENCE North 56-17'04" East, 49.475 meters (162.32 feet) to a'/2" Iron Rod, set for
the T. S. (Tangent to Spiral ) of a spiral curve to the left, and a corner of this parcel;
(9) THENCE Northeasterly along the arc of a spiral curve to the left, an arc distance of
27.697 meters (90.87 feet) to a %2" Iron Rod, set for the S.C. (Spiral to Circular) of said spiral
curve and for a corner of this parcel, said curve has a radius of 271.971 meters (892.29 feet) and
a chord that bears North 53122'01" East, 27.685 meters (90.83 feet);
(10) THENCE Northeasterly, along the arc of a circular curve to the left, an arc distance of
100.130 meters (328.51 feet) to a. V2" Iron Rod, set for a comer of this parcel, said circular curve
has a radius of 217.777 meters (714.49 feet) and.a chord that bears North 37°16'40" East, 99.252
meters (325.63 feet);
(11) THENCE South 37-33'00" East, 7.364 meters (24.16 feet) to a 1/2" Iron Rod, set for a
corner of this parcel;
(12) THENCE North 52-2700" East, 71.960 meters (236.09 feet) to a '/2' Iron Rod, set for
the P.C. of a curve to the right and a corner of this parcel;
(13) THENCE Northeasterly, along the arc of a curve to the right, an arc distance of 58.733
meters (192.69 feet) to a'/2' Iron Rod, set for a comer of this parcel, said curve has a radius of
882.140 meters (2894.15 feet) and a chord that bears North 54°21 "27" East, 58.722 meters
(192.66 feet);
(14) THENCE North 56°15'53" East, 60.978 meters (200.06 feet) to a I/2' Iron Rod, set for
the P.C. of a curve to the right and for a comer of this parcel;
PARI.DOC
2
(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
.. WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
(15) THENCE Northeasterly, along the arc of a curve to the right, an arc distance of 102.371
meters (335.86 feet) to a 1/2" Iron Rod, set for a comer of this. parcel, said curve has a radius of
1173.285 meters (3849.35 feet) and a chord that bears North 58°4552" East, 102.339 meters.
(335.76 feet);
(16) THENCE North 61 ° 15'50" East, 216.472 meters (710.21 feet) to a 1/2" Iron Rod, set for
the P.C. of a curve to the left and for a corner of this parcel;
(17) THENCE Northeasterly, along the arc of a curve to the left, an arc distance of 50.039
meters (164.17 feet) to a 1/2" Iron Rod, set for a comer of this parcel, said curve has a radius of
1155.276 meters (3790.27 feet) and chord that bears North 60*01'23" East, 50.036 meters
(164.16 feet);
(18) THENCE North 53°54'28" East, 7.730 meters (25.36 feet) to a 1/2" Iron Rod with Cap,
set for the Southeast corner of Lot 3, Santa Fe Park Addition and in the West Right -of -Way line
of 45th Street for a comer of this parcel;
(19) THENCE North 62°18'35" East, 22.784 meters (74.75 feet) to a 2" Iron Pipe, found for
the Southwest comer of Lot 2, Santa Fe Park Addition, and in the East Right -of --Way line of said
45th Street, for a corner of this parcel;
(20) THENCE North 62°06'40" East, along the South line of Lot 2, Santa Fe Park Addition,
11.503 meters (37.74 feet) to a 2" Iron Pipe, found for a comer of said Lot 2, Santa Fe Park
Addition and a corner of this parcel;
(21) THENCE North 33°43'46" West, 11.735 meters (38.50 feet) to a 2" Iron Pipe, found for
an interior comer of said Lot 2, Santa Fe Park Addition and a comer of this parcel;
(22) THENCE North 56-16142" East, 309.609 meters (1015.78 feet) to a 5/8" Iron Rod, found
for the Southwest corner of Lot 1-A, S.W.P.S. Addition and the Northwest corner of Lot 2, Doud
Addition, for a comer of this parcel;
PARLDOC
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(806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO • ARIZONA • NEVADA • UTAH
(23) THENCE North 56°16'04" East, along the South line of said Lot 1-A, S.W.P.S. Addition,.
and the North line of Lot 2, Doud Addition, at 199.835 meters (655.63 feet) pass a 1/z" Iron Rod
with Cap, set for the Northeast corner of Lot 2, Doud Addition, continuing along the South line
of said Lot 1-A, S.W.P.S., for a total distance of 438.669 meters (1439.20 feet) to a 1/2" Iron Rod
with Cap, set for the Southeast corner of said Lot 1-A, S.W.P.S. Addition, the Southwest corner
of Lot 2, L.I. S.D. Farm and a corner of this parcel;
(24) THENCE North 5601741" East, along the South line of Lot 2, L.I.S.D. Farm, 166.451
meters (546.10 feet) to a'/z" Iron Rod with Cap, set for an interior corner of said Lot 2, L.I.S.D.
Farm and a corner of this parcel;
(25) THENCE South 3304436" East, 15.240 meters (50.00 feet) to a 1/2" Iron Rod with Cap,
set for a corner of said Lot 2, L.I. S.D. Farm and a corner of this parcel;
(26) THENCE North 56015'15" East, along the South line of said Lot 2, U.S.D. Farm,
97.518 meters (319.94 feet) to a 1/z" Iron Rod, set for the Southeast corner of said Lot 2 and the
Southwest corner of Lot 1, L.I.S.D. Farm and a comer of this parcel;
(27) THENCE North 56°15'17" East, along the South line of said Lot 1, L.I.S.D. Farm,
292.589 meters (959.94 feet) to a 1/2" Iron Rod, found at the Southeast comer of said Lot 1 and a
corner of this parcel;
(28) THENCE North 56-16131" East, along the South line of a 20 foot alley on the South side
of Sagemont Addition, Willowick Addition, Howard and Garlington Addition, and crossing
Slide Road Right -of -Way, a distance of 928.343 meters (3045.74 feet) to a 1/z" Iron Rod with
Cap, set on the intersection of the East Right -of -Way line of Slide Road and the South Right -of
Way line of Santa Fe Drive, for the Northwest corner of Lot 2, Young Addition and a corner of
this parcel;
(29) THENCE North 56° 14'47" East, along the South line of Santa Fe Drive and the North
line of Lot 2, Young Addition at 240.428 meters (788.80 feet) pass a 1/2' Iron Rod with Cap, set
for the Northeast comer of said Lot 2 and the Northwest comer of Lot 1, Young Addition,
continuing for a total distance of 286.148 meters (938.80 feet) to a'/2" Iron Rod with Cap, set for
the Northeast corner of said Lot 1, Young Addition and a corner of this parcel;
PARLDOC
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(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
.. WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO - ARIZONA • NEVADA - UTAH
(30) THENCE North 56-22-45" East, continuing along the South Right -of -Way line of Santa
Fe Drive and crossing 29th Drive Right -of -Way, a distance of 40.275 meters (132.13 feet) to a.
3/8" Iron Rod, found in the East Right -of -Way line of 29th Drive for the Southwest corner of Lot
305, Midway Park Addition and a corner of this parcel;
(31) THENCE North 56-17'53" East, along the South line of said Lot 305, Midway Park
Addition, 196.426 meters (644.44 feet) to a 1/2" Iron Rod with Cap, set for Southeast corner of
said Lot 305, Midway Park Addition and a corner of this parcel;
(32) THENCE North 33-43'28" West, 15.240 meters (50.00 feet) along the East line of said
Lot 305, Midway Park Addition to a point for the Southwest corner of Lot 306-B, Midway Park
Addition and a comer of this parcel;
(33) THENCE North 56° 16'33" East, along the South line of a 15 foot alley, 262.955 meters
(862.71 feet) to a 1/2" Iron Rod with Cap, set for corner of this parcel;
(34) THENCE South 33°43'27" East, 15.240 meters (50.00 feet) to a '/z" Iron Rod with Cap,
set for a corner of this parcel;
(35) THENCE North 56-15'52" East, along the Southeast line of a 20 foot alley on the South
side .of Sherrik Home Addition, a 22.50 foot alley on the South side of Tanglewood Addition,
Crossing Toledo Avenue Right -of -Way line and continuing along the South side of a 24 foot
alley on the South Side of Block 6, Cain Terrace Addition, a distance of 938.644 meters
(3079.53 feet) to a 3/8" Iron Rod, found for the Southeast corner of Block 6, Cain Terrace
Addition, and the Southwest corner of Alexander Land Addition, for a corner of this parcel;
(36) THENCE North 56-13'18" East, along the South line of said 24.50 foot alley, 11.506.
meters (37.75 feet) to a 3/8" Iron Rod, found for theSoutheast corner of Lot 34 and the
Southwest corner of Lot 33, Alexander Land Addition and a corner of this parcel;
(37) THENCE North 56-16'36" East, along the South line of a 20 foot Utility, Garbage
Collection, and Drainage Easement on the South side of Alexander Land Addition, 100.271
meters (328.97 feet) to a 1/2" Iron Pipe, found for the Southeast comer of Lot 32 and the
Southwest corner of Lot 31, Alexander Land Addition and a comer of this parcel;
PART .DOC
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(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
(38) THENCE North 56014'20" East, along the South line of a 20 foot Utility, Garbage.
Collection and Drainage Easement on the South side of Alexander Land Addition, 85.711 meters
(281.20 feet) to a '/Z" Iron Rod, found for the Southeast corner of the Alexander Land Addition
and a corner of this parcel;
(39) THENCE North 56-16'10" East, 53.054 meters (174.06 feet) to a point in the East line of
Section 17, Block B and the West line of Section 15, Block B, for a corner of this parcel;
(40) THENCE North 02°21'43" East, along the East line of Section 17 and the West line of
Section 15, Block B, 4.904 meters (16.09 feet) to, a point for a corner of this parcel;
(41) THENCE North 56-16'10" East, 17.372 meters (57.00 feet) -to a 1/2" Iron Rod with Cap,
set in the East Right -of -Way line of Quaker Avenue, for the Southwest corner of the City of
Lubbock property, and a corner of this parcel;
(42) THENCE North 56"30'58" East, along the South line of the City of Lubbock property, a
distance of 100.483 meters (329.67 feet) to a 1/2" Iron Rod, found for the Southeast corner of the
City of Lubbock property and . the Southwest corner of Lot 2, Block 3, John W. Jarrott
Subdivision and a corner of this parcel;
(43) THENCE North 56'11'05" East, along the South line of said Lot 2, Block 3, John W.
Jarrott Subdivision, 71.186 meters (233.55 feet) to a 1/2' Iron Rod, found for the Southeast corner
of said Lot 2 and the Southwest corner of Lot 3, Block 3, John W. Jarrott Subdivision, for a
corner of this parcel;
(44) THENCE North 56°09'49" East, along the South line of said Lot 3, Block 3, John W.
Jarrott Subdivision, 136.796 meters (448.81 feet) to a 3/8" Iron Rod, found for the Southeast
corner of said Lot 3 and the Southwest corner of Lot 1, Dora Henson Addition and a corner of
this parcel;
(45) THENCE North 56°19'40" East, along the South line of an 20 foot alley, on the South
side of Lot 1, Dora Henson Addition and Lot 3, Sara Addition, a distance of 97.123 meters
(318.65 feet) to a Square Tube, found for the Southwest corner of Lot 1, Sara Addition and a
corner of this parcel;
PART .DOC
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(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 9 Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
(46) THENCE North 56°1711" East, along the South line 'of said Lot 1, Sara Addition,
67.083 meters (220.09 feet) to a concrete Highway Right -of -Way Monument, found for the
Southeast corner of said Lot 1, Sara Addition, and in the existing South Right -of -Way line of
19th Street and a corner of this parcel;
(47) THENCE North 56°16'10" East, 18.113 meters (59.43 feet) to a point in the North line
of Section 15, Block B and the South line of Section 2, Block E-2, for a corner of this parcel;
(48) THENCE South 87°38'32" East, along the North line of said Section 15 and the South
line of Section 2, Block E-2, 6.447 meters (21.15 feet) to a point for a comer of this parcel;
(49) THENCE North 56°13'33" East, at 34.661 meters (113.72 feet) pass an "X" on concrete,
found in the North Right -of -Way line of 19th Street, for a corner of Lot 17, Block 7, C. C.
Leftwich Addition, continuing along the Southeast line of said Lot 17, at 170.035 meters (557.86
feet) pass a "X" on concrete set for the Northeast corner of said Lot 17 and the Southeast corner
of an alley, and continuing for a total distance of .176.881 meters (580.32 feet) to a 1" Iron Pipe,
found for the Northeast corner of said alley and a corner of Lot "A", C. C. Leftwich Subdivision
and a corner of this parcel;
(50) THENCE North 56°15'27" East, along the South line of said Lot "A", 303.895 meters
(997.03 feet) to a fence post found for the Southeast corner of said Lot "A", C. C. Leftwich
Subdivision, a comer of Texas Tech University property and a corner of this parcel;
(51) THENCE North 56°15'44" East, along the South line of said Texas Tech University
property, 1862.283 meters (6109.84 feet) to a brass cap in concrete, found for a corner of this
parcel;
(52) THENCE North 56°15'14" East, continuing along said South line of Texas Tech
University property, 356.628 meters (1170.04 feet) to a brass cap in concrete, found in the South
Right -of -Way line of 4th Street for a corner of Texas Tech University property and a corner of
this parcel;
(53) THENCE North 56022'50" East, 62.052 meters (203.58 feet) to a 3/8" Iron Rod, found in
the North Right -of -Way fine of 4th Street, for a corner of Lot B, A. W. Blankenship Addition 42,
and a comer of this parcel;
PARLDOC
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(806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
(54) THENCE North 56°15'17" East, along the South line 'of said Lot B, 194.457 meters
(637.98 feet) to a 3/8" Iron Rod, found for the most Northerly Southeast corner of said Lot B and
the West Right -of -Way line of Boston Avenue and a corner of this parcel;
(55) THENCE North 56-15'09" East, along the South Right -of -Way line of Santa Fe Drive, a
distance of 536.971 meters (1761.71 feet) to a point in the East Right -of -Way line of University
Avenue, the South line of a 15 foot alley and the Northeast corner of this parcel;
(56) THENCE South 02022'46" West, 37.853 meters (124.19 feet) to a 1/2' Iron Rod with Cap,
set in the East Right -of -Way line of University Avenue for the Southeast corner of this parcel;
(57) . THENCE South 5504724" West, 37.88-2 meters (124.28 feet) to a 1/2" Iron Rod, found in
the West line of University Avenue and at the Northeast corner of F. R. Friends Addition, for a
comer of this parcel;
(58) THENCE South 56°1951" West, 334.633 meters (1097.87 feet) to a'/2" Iron Rod, found
in the South line of 3rd Street for the Northwest corner of A. W. Blankenship Addition and a
comer of this parcel;
(59) THENCE South 56014'39" West, along the West line of said A. W. Blankenship
Addition, 278.286 meters (913.01 feet) to a 1/? Iron Rod with Cap, set in the North Right -of -Way
line of 4th Street for the Southwest corner of said A. W. Blankenship Addition and a comer of
this parcel;
(60) THENCE South 56015'46" West, along the North Right -of -Way line of U. S. Highway
82, 2665.439 meters (8744.86 feet) to a concrete right -of way monument found, for a corner of
this parcel;
(61) THENCE South 56"16'04" West, continuing along the North Right -of -Way line of U. S.
Highway 82, 216.341 meters (709.78 feet) to a concrete right -of way monument found, for a
corner of this parcel;
(62) THENCE South 56° 16'21" West, continuing along the North Right -of -Way line of U. S.
Highway 82, 3747.806 meters (12,295.93 feet) to a T-Rail, found for a corner of this parcel;
PARLDOC
8
(806)_ 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS* NEW MEXICO - ARIZONA - NEVADA - UTAH
(63) THENCE South 34°11'24" East, 15.422 meters (50.60'feet) to a,T-Rail, found in the
North Right -of -Way of U. S. Highway 82, for the Northeast corner of Lot 1, Durwood Addition
and a comer of this parcel;
(64) THENCE South 56116'36" West, along: the North line of said Lot 1, 137.450 meters
(450.95 feet) to 1/2' Iron Rod found, for the Northwest corner of said Lot 1 and the Northeast
corner of Lot 2, Durwood Addition and a corner of this parcel;
(65) THENCE South 56°01'11" West, along the North line of said Lot 2, 17.717 meters
(58.13 feet) to 1/2" Iron Pipe, found in the North line of said Lot 2 and a corner of this parcel;
(66) THENCE South 5610755" West, continuing along the North line of said Lot 2, 24.355
meters (79.90 feet) to 3/8" Iron Rod, found for the Northwest comer of said Lot 2 and a corner of
this parcel;
(67) THENCE South 56°16'09" West, 63.724 meters (209.07 feet) to 3/8" Iron Rod, found for
the Northeast comer of Lot 3, Doud Addition, for a corner of this parcel;
(68) THENCE South 56°13'09" West, along the North line of said Lot 3, 92.245 meters
(302.64 feet) to 1/2" Iron Rod, found for the Northwest corner of said Lot 3 and a corner of this
parcel;
(69) THENCE South 33°43'20" East, along the West line of said Lot 3,130.480. meters
(100.00 feet) to a 3/4" Iron Pipe, found in the North Right -of -Way line of U. S. Highway 82, for
a corner of this parcel;
(70) THENCE South 56°17'58" West, along the North Right -of -Way line of U. S. Highway
82, at 91.267 meters (299.43 feet) pass an axle, found at the Southeast comer of Lot 1, Doud
Addition, continuing along the North Right -of -Way line of U. S. Highway 82, for a total distance
of 243.667 meters (799.43 feet) to a point for the Southwest comer of said Lot 1, Doud Addition
and a corner of this parcel;
(71) THENCE North 33-4340" West, along the North Right -of -Way line of U.S. Highway
82, a distance of 30.480 meters (100.00 feet) to a fence post, found for an interior corner of said
Lot 1, Doud Addition and a corner of this parcel;
PARI .DOC
9.
(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
Note: English units are provided for information only.
10
.. WILSON SURVEYING CO., INC
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
(72) THENCE South 56°15'16" West, along the North Right -of -Way line of U. S. Highway.
82, 33.201 meters (108.93 feet) to a 1/2" Iron Rod with Cap, set for the Southwest corner of said
Lot 1, Doud Addition and a corner of this parcel;
(73) THENCE South 569610" West, continuing along the North Right -of -Way line of U. S.
Highway 82, 302.081 meters (991.08 feet) to a 1/2" Iron Rod with Cap, set for a corner of this
parcel;
(74) THENCE North 33°43'39" West, 15.240 meters (50.00 feet) to a 1/2' Iron Rod with Cap,
set for a comer of this parcel;
(75) THENCE South 56°16'41" West, along the North Right -of -Way line of U. S. Highway
82, 1791.750 meters (5878.43 feet) to a 1/2' Iron Rod with Cap, set in the West line of Section 36,
Block A-K and the East line of Section 35, Block A-K, for the Southwest corner of this parcel;
(76) THENCE South 56°17'13" West, along North Right -of -Way line of U.S. Highway 82,
158.670 meters (520.57;feet) to a 1/2" Iron Rod, set in for the Southeast corner of this parcel;
(77) THENCE North 33°43'10" West, 38.137 meters (125.12 feet) to the P.O.B., of which
contains an area of 37.03 hectares (91.5 acres). .
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND AUGUST, 1995
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REGIS RED "P F SSIONAL LAND SURVEY `'.'Q....
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GARY D. WILSON
........................
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PARLDOC
(806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413