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HomeMy WebLinkAboutResolution - 2022-R0410 - Condemnation of Property by Eminment Domain, Section 30, Block AKResolution No. 2022-RO410 Item No. 6.14 September 27, 2022 RESOLUTION Authorizing Condemnation of Property by Eminent Domain; Determining the Public Necessity for the Project; Authorizing the Acquisition of Real Property Interests by Easement or in Fee Simple; And Authorizing All Other Acts To Complete Condemnation Proceedings WHEREAS, the City of Lubbock, Texas (the "City") has initiated the Upland Avenue widening and drainage project ("Project"), which will require, among other real property interests, the Property Interest, as defined below; WHEREAS, the Project consists of: (1) widening Upland Avenue, a public thoroughfare, from 98`h Street, in the south, to 661h Street, in the north, and will include improving drainage along the route, and will necessitate the relocation of public utility facilities which are adjacent to Upland Avenue, and (2) widening 66`h Street, a public thoroughfare, from Upland Avenue, in the west, to the Marsha Sharp Freeway, in the east, and will include improving drainage along the route, and will necessitate the relocation of public utility facilities which are adjacent to 66`h Street, and (3) reconfiguring and improving the intersection at Upland Avenue and 66`h Street; WHEREAS, the construction and operation of the Project constitutes a valid public purpose for, and public use of, the property to be condemned by the City and its citizens; WHEREAS, the Project will require the acquisition of additional right-of-way from property owners along the route, including a Property Interest owned by Brandon Sanderson at or near the intersection of Upland Avenue and 66`h Street, as more specifically described herein; WHEREAS, the City made a 1 S` Initial Offer (the I` Initial Offer) in writing to Brandon Sanderson, the owner of the Property Interest (the "Owner") on or about April 4, 2021, based on an appraisal conducted for this Project by the Tommy Cantrell Appraisal Company; WHEREAS, the I" Initial Offer made by the City to the Owner of the Property Interest did not include a confidentiality provision and further informed the Owner of the Property Interest that such Owner had the right to (i) discuss any offer or agreement regarding the City's acquisition of the Property Interest with others; or (ii) keep the offer or agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code (the "Non Confidential Notice"); WHEREAS, the City made a I" Final Offer (the I` Final Offer) in writing to the Owner of the Property Interest in accordance with Chapter 21 of the Texas Property Code on or about July 7, 2021, said date being after the thirtieth (301h) day after the date on which the City made the I` Initial Offer to the Owner of the Property Interest; WHEREAS, the I` Final Offer made to the Owner of the Property Interest included (i) a copy of the written certified appraisal; (ii) copies of the Street and Public Use Dedication Deed and the Drainage Easement, being the instruments proposed to convey the Property Interest sought to be acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section 21.0112 of the Texas Property Code; and (iv) the Non Confidentiality Notice; WHEREAS, the I" Final Offer made to the Owner of the Property Interest was equal to or greater than the amount of the written appraisal obtained by the City; WHEREAS, in conducting due diligence, it was learned that the boundaries of the right-of-way along 661h, adjacent to the Property Interest, were different from the boundaries relied upon in the first appraisal; WHEREAS, the City ordered a second appraisal, correcting the boundaries to include area omitted from the first appraisal; WHEREAS, the City made a 2"d Initial Offer (the 2"d Initial Offer) in writing to Brandon Sanderson, the owner of the Property Interest (the "Owner") on or about July 1, 2022, based on an appraisal conducted for this Project by Murfee & Sons; WHEREAS, the 2"d Initial Offer made by the City to the Owner of the Property Interest did not include a confidentiality provision and further informed the Owner of the Property Interest that such Owner had the right to (i) discuss any offer or agreement regarding the City's acquisition of the Property Interest with others; or (ii) keep the offer or agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code (the "Non Confidentiality Notice"); WHEREAS, after sending the 2"d Initial Offer, it was learned that the offer did not comply with new amendments to Chapter 21 of the Texas Property Code; WHEREAS, the City made a Revised 2"d Initial Offer (the Revised 2"d Initial Offer) in writing to Brandon Sanderson, the owner of the Property Interest (the "Owner") on or about July 14, 2022, based on an appraisal conducted for this Project by Murfee & Sons, and including the required statutory provisions; WHEREAS, the Revised 2"d Initial Offer made by the City to the Owner of the Property Interest did not include a confidentiality provision and further informed the Owner of the Property Interest that such Owner had the right to (i) discuss any offer or agreement regarding the City's acquisition of the Property Interest with others; or (ii) keep the offer or agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code (the "Non Confidentiality Notice"); 2 WHEREAS, the City made a 2"d Final Offer (the 2"d Final Offer) in writing to the Owner of the Property Interest in accordance with Chapter 21 of the Texas Property Code on or about August 15, 2022, said date being after the thirtieth (301h) day after the date on which the City made the 2"d Initial Offer to the Owner of the Property Interest; WHEREAS, along with such 2"d Final Offer, the Owner of the Property Interest was provided a written appraisal from a certified appraiser of the value of the Property Interest and the damages, if any, to any of the Owner's remaining property; WHEREAS, the 2"d Final Offer made to the Owner of the Property Interest was equal to or greater than the amount of the 2"d written appraisal obtained by the City; WHEREAS, the 2"d Final Offer made to the Owner of the Property Interest included (i) a copy of the 2"d written appraisal; (ii) copies of the easement, being the instrument proposed to convey the Property Interest (herein so called) sought to be acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section 21.0112 of the Texas Property Code; and (iv) the Non Confidential Notice; WHEREAS, the notice for the public meeting of the City Council of the City in which this Resolution is considered, in addition to other information as required by Subchapter C, Chapter 551, of the Texas Government Code, expressly included notice that the City of Lubbock would consider the use of eminent domain to condemn the Property Interest; WHEREAS, in resolving the matters set forth herein, the motion to pass and approve this Resolution was stated as: "I move that the City of Lubbock, Texas authorize the use of the power of eminent domain to acquire easements in two (2) parcels, to wit: 1) Parcel 115, being a 0.690 acre parcel located in Section 30, Block AK, Lubbock County, Texas, being a portion of a 5.14 acre tract described in vol. 8542, pg. 37 in the Official Public Records, Lubbock County, Texas, and being further described by metes and bounds in Exhibit A, attached hereto and incorporated herein; and 2) Parcel 115-A, being a 0.440 acre parcel located in Section 30, Block AK, Lubbock County, Texas, being a portion of a 5.14 acre tract described in vol. 8542, pg. 37 in the Official Public Records, Lubbock County, Texas, and being further described by metes and bounds in Exhibit B, attached hereto and incorporated herein." WHEREAS, after due consideration of the public interests to be furthered by the public use of the Project in the City of Lubbock, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 3 THAT the City Council finds that a public use and necessity exists to construct and operate the Project to serve the citizens of the City of Lubbock, Texas, and that the public welfare and convenience requires the acquisition of the Property Interest, identified as Parcel 115, and the City of Lubbock, Texas does hereby exercise its home - rule and statutory authority to acquire by eminent domain, an easement encumbering a 0.690 acre parcel located in Section 30, Block AK, Lubbock County, Texas, being a portion of a 5.14 acre tract described in vol. 8542, pg. 37 in the Official Public Records, Lubbock County, Texas, and being further described by metes and bounds in Exhibit A, attached hereto and incorporated herein (the "Property Interest"). The Council hereby further finds and determines that the acquisition of the Property Interest is for a public use, to serve the public and the citizens of the City of Lubbock, Texas. THAT the City Council finds that a public use and necessity exists to construct and operate the Project to serve the citizens of the City of Lubbock, Texas, and that the public welfare and convenience requires the acquisition of the Property Interest, identified as Parcel 115-A, and the City of Lubbock, Texas does hereby exercise its home -rule and statutory authority to acquire by eminent domain, an easement encumbering a 0.440 acre parcel located in Section 30, Block AK, Lubbock County, Texas, being a portion of a 5.14 acre tract described in vol. 8542, pg. 37 in the Official Public Records, Lubbock County, Texas, and being further described by metes and bounds in Exhibit B, attached hereto and incorporated herein (the "Property Interest'). The Council hereby further finds and determines that the acquisition of the Property Interest is for a public use, to serve the public and the citizens of the City of Lubbock, Texas. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby authorizes and directs the filing and prosecution of eminent domain proceedings by the City of Lubbock, Texas to acquire the Property Interests described herein, in fee simple or by easement. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby finds that the Owner, Brandon Sanderson, was the purported record title owner of said Property Interest at the time of making the Initial Offer and Final Offer. Without limiting the general authorization provided above, the City Council further authorizes joinder of additional or differing owner or owners, or claimant or claimants, of the Property Interest, if applicable, in the eminent domain proceedings, and to condemn the interests of each such parties to acquire the Property Interests described herein. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 4 THAT the City Council hereby authorizes and directs notice of such eminent domain proceedings by the City of Lubbock, Texas to be served by publication in the same manner as service of citation by publication in other civil cases in the district courts or county courts at law as provided by the Texas Property Code Section 21.016(d)(3), to the extent necessary. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager, or his designee, shall have the authority to do all things necessary or appropriate to acquire the Property Interest by eminent domain, in fee simple or by easement, including without limitation, the authority to retain legal counsel and to expend funds related to the prosecution of such eminent domain proceedings. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the recitals provided in this Resolution, as set forth above, are specifically and expressly adopted by the City Council as express findings by the City Council. Passed by the City Council this 27 th day of September , 2022. T PAYN . . AYOR ATTEST: Beck Garza, City Secre ary APPROVED AS TO CONTENT: Jos istine , P.E. APPROVED AS TO FORM: No Text Resolution No. 2022-RO410 4 Ita"Mor Mier U. Pwravol 7AACr A' 47 / Awslow MIS, AW GWW £STATES / P.O.B. - A EFPAat' AR IIZ. FM PR ap MQW ACW S CLBPANY +� �' ME &WW M A7 TES nUCr N=7,26047 a CaWE0 ACdKwwcSjrPrELAA4¢vcaLLc 2HSR COW14DM" E-910255.52 MLEMVrHAVfr-Or- AwN4r ° PLAr LI SCALE:I"=12a 66TH S R A7Rw vAa4Rce NV R 'iru: .-.-'__._-.^� AGNr-Or-RRav e b L5 PARCU1.10-A L4— _ _ _ — — — — — f �— - — — — — — — — ao'aovT-Or-war mw SSVAE s aawrnewr£s 1� /ca-zoAA SWMRAWafcnaC 7AE I �• III$ KE. MAAPC'AY£ I �(.'a �lRbt�t. 67TH STREET t q I 6 r*0 S.A"S ADUSn7W _ •• LOT /-A KL. 804 PG. S S<PT. 5.14 BRAADOVQV S4401E9SdV j IRX. 85M PC. 37 6WI MAW A W.. / ,SI� c�� 99aw.w _ Line Table Line # Lertglh O'veetian LI 743.96' S88o 10'04"E L2 33.9W S55o 43' 33"W L3 286.36' N88o Ia04"W L4 250. W S86o 06' 44"W L5 135.59' N88o 10' 04"W L6 42.42' S46o 49 49"W L7 456.67 SOI*4942"W L8 19.57 1 S55o 43' 33"W L9 542.61' NOI0 49- 42"E / M Recwded or unmonld documents other than those shorn on this / survey may exist and encumber this prepMy UPLAND AVENUE DESIGN PROJECT HUGO REED LEGEND: 66TH STREET TO 114TH STREET OF T IAR -SURVEYED PROPERTY F p1 S TF.7 QY Q 9 N AND ASSOCIATES, INC. • AIUACFMT -OF- PROPERTY ----- -RIGIR OF•WAY Parcel 115 -Permanent Easement TEXAS 1 PERiMETERSURVEYOFA JOHNE.ALLEN CIVIL ENG NEERSSURVEYORS I uBB=. 79940VENUE roRAsLICENSED stmvEwacFIRM rtDarsa PHONE:8061763.56Q — — — -EASEMErr 0 - SET MAGN%IL 0.690 ACRE PARCEL LOCATED IN a 5895 . Q TEXAS REGISTERED ENGNEERaaiFUN F-M FAX* 808 1763-3891 p-FD.Ir-ROD rJCAP Bearings are relative to the Texas Coordinate System of 1983. SECTION 30, BLOCK AK t A.M. RAILROAD SPIKE LUBBOCK COUNTY, TEXAS North Central Zone. NAD 83 (2011). Epoch 2010.0 ® - FD. a CUT IN CONCRETE Distances and Coordinates arc Surface, U.S. Survey feet. ®- FD. MAGNAIL John E. ABen, Registered Professional Land Surveyor No.5895 Surveyed on the ground Combined Scale Factor. 1.0002485 P.0.8- POIXF OF BLOW V WG Copyright 2020, Hugo Reod and Associates, Inc, Page I of 3 State of Texas December 21. 2021 MN- COU VFl CLERK FILE vL MBER. LUBBOCK couNry. TEXAS Exhibit A - Parcel 115 DESCRIPTION FOR PARCEL 115 METES AND BOUNDS DESCRIPTION of a 0.690 acre parcel located in Section 30, Block AK, Lubbock County, Texas, being a portion of 5.14 acres described in Volume 8542, Page 37, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a magnail (N=7,260,434.78', E=910,255.52) set in the North line of said Section 30, Block AK, and in the South Line of Section 31, Block Ak, Lubbock County, Texas, and in the North line of said 5.14 acre tract and in the center of a 40.00 foot Right -of -Way described in Lubbock County Commissioner's Court Minutes, September 11,1915, and in the South line of a variable width Right -of -Way dedicated with Lots 1-74 and Tracts A and B, Pine Grove Estates, a subdivision located in Section 35, Block AK, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1637, Page 935, Deed Records, Lubbock County, Texas (DRLCT) , and at the Northeast comer of a 40.00 foot Right -of -Way described in Volume 486, Page 417, DRLCT, which bears 88° 10' 04" E. a distance of 40.00 feet from a railroad spike found at the Northwest comer of said Section 30, Block AK, for the Northwest comer of this parcel; THENCE S. 880 10' 04" E. along the common line of said Section 30, Block AK, and said Section 31, Block AK, and said North line of said 5.14 acre tract and along said center of said 40.00 foot Right -of -Way described in Lubbock County Commissioner's Court Minutes, September 11, 1915, and along said South line of said variable width Right -of -Way dedicated with said Lots 1-74 and Tracts A and B, Pine Grove Estates, a distance of 743.96 feet to a railroad spike found at the Northeast comer of said 5.14 acre tract and in the Westerly line of Lubbock and Western Railroad described in Volume 5004, Page 207, Real Property Records, Lubbock County, Texas, for the Northeast comer of this parcel; THENCE S. 550 43' 33" W. along the common line of said 5.14 acre tract and said Lubbock and Western Railroad a distance of 33.94 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" found in the South line of said 40.00 foot Right -of -Way described in Lubbock County Commissioner's Court Minutes, for the most Northerly Southeast comer of this parcel; THENCE N. 880 10' 04" W. along said South line of said 40.00 foot Right -of -Way described in Lubbock County Commissioner's Court Minutes, a distance of 286.36 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" found for a point of intersection of this parcel; THENCE S. 880 06' 44" W. a distance of 250.84 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" found for a point of intersection of this parcel; THENCE N. 880 10' 04" W. parallel with and 45.00 feet from said North line of Section 30, Block AK, a distance of 135.59 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" found for a point of intersection of this parcel; THENCE S. 460 49' 49" W. a distance of 42.42 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" found in the East line of said 40.00 foot Right -of -Way described in Volume 486, Page 417, DRLCT, for a point of intersection of this parcel; THENCE S. 01 ° 49' 42" E. along said East line of said 40.00 foot Right -of -Way a distance of 456.67 feet to a mag nail found in the Easterly line of said 5.14 acre tractand in said Westerly line of said Lubbock & Western Railroad, for the most Southerly Southeast comer of this parcel; ----- CONTINUED NEXT PAGE ---- UPLAND AVENUE DESIGN PROJECT HUGO REED 66TH STREET TO 114TH STREET ,51, OF T�, fq AND ASSOCIATES, INC. Q- r x S TER -�- Parcel 115 - Permanent Easement 00 �� �� 'yN LAND SURVEYORS 1601 AVENUE N PCIVIL ENGINEERS LUBBOCK, TEXAS 79401 PERIMETER SURVEY OF A JOHN E. ALLEN TEXAS ucENsm SURVEYING FIRM Ro667sW PHONE: 806 / 763-5642 0.690 ACRE PARCEL LOCATED IN r' A 5895 TES REGISTERED ENGINEERING FIRM F•760 FAX: 806 / 763-3691 SECTION 30, BLOCK AK f lO Bearings are relative to the Texas Coordinate System of 1983, LUBBOCK COUNTY, TEXAS R North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. John E. Allen, Registered Professional Land Surveyor No.5895 Surveyed on the ground. Combined Scale Factor. 1.0002485 State of Texas December 21, 2021 Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 3 Exhibit A - Parcel 115 DESCRIPTION FOR PARCEL 115 - CONTINUED THENCE S. 550 43' 33" W. along the common line of said 5.14 acre tract and said Lubbock & Western Railroad a distance of 18.57 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" found in said East line of said 40.00 foot Right -of -Way described in Volume 486, Page 417, DRLCT, for the Southwest comer of this parcel; THENCE N. 010 49' 42" E. along the East line of said 40.00 foot Right -Of -Way described in Volume 486, Page 417 a distance of 542.61 fect to the Point of Beginning. Containing 0.690 Acres (30,072 sq. ft.) of land, more or lcss. UPLAND AVENUE DESIGN PROJECT HUGO REED 66TH STREET TO 114TH STREET ,S, OF T� F1 AND ASSOCIATES, INC. Q` C,ISTER , (- Parcel 115 - Permanent Easement CIO '9N LAND SURVEYORS 1601 AVENUE N PCIVIL ENGINEERS LUBBOCK. TEXAS 79401 PERIMETER SURVEY OF A JOHN E. ALLEN TEXAS LICENSED SURVEYING FIRM 100676-W PHONE: 806 / 763-5642 0.690 ACRE PARCEL LOCATED IN C" .0 5895 TES REGISTERED ENGINM:NG FIRM F-760 FAX: 806 / 763-3891 SECTION 30, BLOCK AK 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. John E. Allen, Registered Professional Land Surveyor No.5895 Surveyed on the ground. Combined Scale Factor: 1.0002485 State of Texas I December 21, 2021 Page 3 of 3 Exhibit A - Parcel 115 SCALE : I" -la -66TH (STRIP Fm77ov of rx4cr A Q HIE GROW ESTATES p Pawxry AF 7R4cT il' rONNY 5 EL/ZABEW HIE 61401E ESTATES SMAR A01E OWN CaWANY Kt. 775Z PG. 2r)2 COW 20/2005826 f AADAW. 72OZ66rNswrr 1(41 P.O.B. _ N=7.260,388.36 AWr-�-w ry T E- 910,299 06' — — n% _Ll PARCEL II—S—.--. . .'Z _ _PARCEL 75 �� a p 4' 0�N Ijfl �i - ;g lil 4 t p4rerl jia a wj I li 3 it o- 443 0: i o' 7d I I ,� II ��Dn Lf aPnaEa I 67TH I STREET ;9 / \ UPLAND AVENUE DESIGN PROJECT 66TH STREET TO 114TH STREET Parcel I I5-A - Permanent Easement PERIMETER SURVEY OF A 0.440 ACRE PARCEL LOCATED IN SECTION 30, BLOCK AK LUBBOCK COUNTY, TEXAS I John 5.14 AOWS BRAWOV SAAWRSQY lCL' . 854Z PC. 57 6601 L(4! A40 4W.. rAitcr 2?" HIE tA40VEESTATES �� i twi' !i- PT 9AMW 6L�CRWI SrLAAV CO LLC ,�y Pt'1 0,' L C 1pi \04.Ila Line Table Line # Length Direction Ll 135.59' S88° 10'04"E L2 250.94' N86' 06' 44"E L3 296.36 S88° IWWE L4 25.82' S55° 43' 33"W L5 512.91' S87° 48' 43"W L6 80.12' N88° 10' 04"W L7 92.12' S76" 39' 00"W L8 20.30' N01' 49' 42"E L9 42A2' N46' 49' 49"E Note: Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. HUGO REED LGu>r lr�' OF iIAR I S TERF AND ASSOCIATES, INC. suRvlarEDPRtmEaTv -SURVEY rPROPrxTY G '9N -_ — -BtGIrt�oF-wnv LAND SURVEYORS 1801 AVENUE N E.ALLEN CIVIL ENGINEERS LUBBOCK, TEXAS 79401 — —-EISFJ4ENT 5995 v Qf TousuCENSEDS RVEY RW100676W PHONE: 806/763'4M T"AS REGISTERED ENneFE" AM F-T6a FAX:806/7a3.3891 *-SETlr-'ROD"x-AP 0. FD. IP-'ROD .ICAP Bearings are relative to the Texas Coordinate System of 1983, 5 10 A- FO. RAILROAD SP1Kk North Central Zone. NAD83(2011).Epoch 2010.0 ®-FD.t/-- OWN ROU,SENT) 1 Distances and Coordinates are sudacc, U.S. Survey fect. P.O.B.- POLYr OF BFWNNING on the ground. Combined Scale Factor: 1.0002485 CCFN-r'OUVn CLFJtK FILE. VUMORL Copyright 2020, Hugo Rccd and Associates, Inc. Page 1 of 2 n 16. 2020 LUBBOCK COUNTY. TEXAS Exhibit B - Parcel 115-A DESCRIPTION FOR PARCEL 115-A METES AND BOUNDS DESCRIPTION of a 0.440 acre parcel located in Section 30, Block AK, Lubbock County, Texas, being a portion of 5.14 acres described in Volume 8542, Page 37, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" (N=7,260,388.36', E=910,299.06') set, which bears S. 010 49' 42" W. a distance of 45.00 feet and S. 880 10' 04" E. a distance of 85.00 feet from a railroad spike found at the Northwest comer of said Section 30, Block AK, for the Northwest comer of this parcel; THENCE S. 880 1 V 04" E. parallel with and 45.00 feet from the North line of said Section 30, Block AK, a distance of 135.19 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set for point of intersection of this parcel; THENCE N. 860 04' 44" E. a distance of 250.84 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set 20.00 feet from said North line of said Section 30, Block AK, for a point of intersection of this parcel; THENCE S. 880 IV 04" E. parallel with and 20.00 feet from said North line of said Section 30, Block AK, a distance of 286.36 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set in the Easterly line of said 5.14 acre tract and in the Westerly line of Lubbock and Western Railroad described in Volume 5004, Page 207, Real Property Records, Lubbock County, Texas, for the Northeast comer of this parcel; THENCE S. 550 43' 33" W. along the common line of said 5.14 acre tract and said Lubbock and Western Railroad, at 21.20 feet pass a 1/2" iron rod with blue cap marked "STEVENS 4339" found, continuing for a total distance of 25.82 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set for the Southeast comer of this parcel; THENCE S. 870 48' 43" W. a distance of 512.91 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set for a point of intersection of this parcel; THENCE N. 880 1 V 04" W. a distance of 80.12 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set for a point of intersection of this parcel; THENCE S. 760 39' 00" W. a distance of 92.12 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set, which bears a N. 01 ° 49' 42" E. a distance of 16.60 feet from a 1/2" iron rod with blue cap marked "STEVENS 4339" found in reference, for the Southwest comer of this parcel; THENCE N. 01 ° 49' 42" E. parallel with and 55.00 feet from the West line of said Section 30, Block AK, a distance of 20.30 feet to a 1/2" iron rod with yellow cap marked "HUGO REED & ASSOC" set for a point of intersection of this parcel; THENCE N. 460 49' 49" E. a distance of 42.42 feet to the Point of Beginning. Containing 0.440 acre (19,155 sq. ft.) of land, more or less. UPLAND AVENUE DESIGN PROJECT 66TH STREET TO 114TH STREET Parcel I I5-A - Permanent Easement PERIMETER SURVEY OF A 0.440 ACRE PARCEL LOCATED IN SECTION 30, BLOCK AK LUBBOCK COUNTY, TEXAS John E. Allen, Registered Professional Land Surveyor No.5895 HUGO REED OF T�' G� S TFR� AND ASSOCIATES, INC. � vj `yN LAND SURVEYORS 1601 AVENUE N JOHN E. ALLEN CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEAS LICENSED SURVEYING FIRM 100676-M PHONE: 806 / 763-5642 .e 5895 V Q! T REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 f l0 Bearings are relative to the Texas Coordinate System of 1983, R North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Surveyed on e ground. Combined Scale Factor. 1.0002485 th Au t 16, 2020 Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 2 Exhibit B - Parcel 115-A