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HomeMy WebLinkAboutResolution - 2022-R0463 - General Warranty Deed in Section 2 and 3, Block B with PYCOResolution No. 2022-RO463 Item No. 7.11 November 16, 2022 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, a General Warranty Deed associated with certain property located in Section 2, Block B, T.T. RR. Co. Survey, Abst. No. 659, Lubbock County, Texas, and Section 3, Block B, T.T. RR. Co. Survey, Abst. No. 95, Lubbock County, Texas owned by PYCO Industries, Inc., and all related documents. Said General Warranty Deed is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council; and THAT the City Council finds it to be in the bcst interest of the citizens of the City of Lubbock in order to expedite the performance of city business, to delegate authority to execute any necessary or related documents associated with this conveyance to the City Manager of the City of Lubbock or his designee. Passed by the City Council on ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO Assistant City Attorney RES.General Warranty Deed PYCO Industries Inc. 11.1.22 November 16, 2022 Resolution No. 2022-RO463 2022053949 11 PGS DEED mill K N+111YINUAWW111NONA 111111 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED DATE: I & day of _ Noye r}nbtr , 2022 GRANTOR: PYCO Industries Inc. GRANTOR'S MAILING ADDRESS: 2901 Avenue A Lubbock, Lubbock County, Texas 79404 GRANTEE: City of Lubbock, Texas, a Texas Municipal Corporation GRANTEE'S MAILING ADDRESS: P.O. Box 2000 Lubbock, Lubbock County, Texas 79457 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY (including any improvements): All of that certain tract of land being a parcel which is more or less 4.673-acre tract located in Section 2, Block B, T.T. RR. Co. Survey, Abst. No. 659, Lubbock County, Texas, and being further described in Exhibit A attached hereto (the "Land"), together with improvements to the Land (the "Improvements"), and the personal property associated with the Land (the "Personal Property"); and All of that certain tract of land being a parcel which is more or less 1.443-acre tract located in Section 3, Block B, T.T. RR. Co. Survey, Abst. No. 95, Lubbock County, Texas, and being further described in Exhibit B attached hereto (the "Land"), together with improvements to the Land (the "Improvements"), and the personal property associated with the Land (the "Personal Property"); and RESERVATIONS FROM CONVEYANCE: None General Warranty Deed — PYCO to City of Lubbock I 1 EXCEPTIONS TO CONVEYANCE AND WARRANTY: None GNERAL WARRANTY: Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural, SIGNATURES Print: IP . Title: 1 r eS id -0� Q(- (�LC v FOR THE GRANTEE: CITY OF LUB§QCK, a Texas home rule Municipal Corporation By: _ Tray General Warranty Deed — PYCO to City of Lubbock 12 STATE OF TEXAS COUNTY OF LUBBOCK ACKNOWLEDGMENTS FOR GRANTOR I This instrument was acknowledged before me on the 16 day of lvoverrlr 2022, by CpLer4 (,w -jr for and on behalf of PYCO Industries Inc., Grantor, on behalf of said corporation. *R� °�s BAYLI BOWLES r Notary ID #131165629 Y, f My Commission Expires t�va June 8, 2025 STATE OF TEXAS COUNTY OF LUBBOCK 94s;� otary Public, State of Texas My commission expires: ( - $ . vX C FOR GRANTEE This instrument was acknowledged before me on 12�day of U 2022, by Tray Payne, Mayor of the City of Lubbock., a Texas home rule Municipal Corporation, on behalf of said home rule Municipal Corporation. ►a�' CARINA REYES Notary Public, State of Texas Notary ID# 13331645-5 My Commission Expires 09.07.2025 C- Notary Public, State cff4exas My commission expires: D1. D 1- 25 General Warranty Deed — PVCO to City of Lubbock 13 Parkhill EXHIBIT A A 4.673-ACRE TRACT IN SECTION 2, BLOCK B, T.T. RR. CO. SURVEY, ABST. NO. 659, LUBBOCK COUNTY, TEXAS A 4.673-acre tract of land in Section 2, Block B, T.T. RR. Co. Survey, Abstract Number 659, Lubbock County, Texas, being all of two tracts of land described in a deed recorded in Volume 140, Page 281, and a portion of a tract of land described in Volume 125, Page 390, of the Deed Records of Lubbock County, Texas, said 4.673- acre tract being further described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the west line of said Section 2 for the most southerly corner of the first tract described in said deed recorded in Volume 140, Page 281, for the most southerly corner of this tract, said beginning point having coordinates of NORTHING: 7,267,577.05 and EASTING: 963,106.91, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence a 1/2-inch iron pipe found at the southwest corner of said Section 2 bears South 01 degrees 47 minutes 33 seconds West a distance of 77.84 feet; (1) THENCE North 01 degrees 47 minutes 33 seconds East, along the west line of said Section 2, at a distance of 516.77 feet pass a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the southeast line of the second tract described in said deed recorded in Volume 140, Page 281, continuing for a total distance of 596.81 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the northwest line of said second tract described in Volume 140, Page 281, for the northwest corner of this tract, whence the northwest corner of said Section 2 bears North 01 degrees 47 minutes 33 seconds East a distance of 4653.25 feet; (2) THENCE North 47 degrees 12 minutes 01 seconds East a distance of 269.41 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set for the most northerly comer of said second tract described in Volume 140, Page 281 and the most northerly comer of this tract; (3) THENCE South 42 degrees 47 minutes 59 seconds East, at a distance of 107.00 feet pass a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set for the most easterly comer of said second tract described in Volume 140, Page 281, continuing at a distance of 307.00 feet pass a 5/8-inch iron rod found at the most northerly comer of said first tract described in Volume 140, Page 281, continuing for a total distance of 425.00 feet to a 5/8-inch iron rod found at the most easterly corner of said first tract described in Volume 140, Page 281, for the most easterly comer of this tract; (4) THENCE South 47 degrees 12 minutes 01 seconds West, along the southeast line of said first tract described in Volume 140, Page 281, a distance of 688.41 feet to the POINT OF BEGINNING. Bearings and coordinates, called in this description are based on the Texas Coordinate System, North Central Zone 4202, North American Datum of 1983. Distances are called at surface. Areas called in this description are based on calculations made from surface distances. This survey is subject to any facts which may be disclosed by a full and accurate title search. Record documents other than those shown may affect these tracts. A plat of this survey is included on page 2 of this document. Surveyed on the ground July 22, 2022 Date of Signature: July 27, 2022 Samuel Wyatt, R.P.L.S. 6453 Page 1 of 2 SF ........................ SAMUEL WYATT 7110 ............................ 6453P 9 0NFsSN0 0"0 Texas Registered Surveying Firm # 10194091 Parkhill.com ND NORTH .' IN = too' = SET 1/2' IRON ROD WITH CAP 'P,WH/LL RFES 6453' = FOUND 518' IRM ROQ The nal'thwest comer of 5ea0n. 2 be0rs N:0I'47;33 E . 4&J..25' 1WM this point 7v1 /,TCtg, Pg, 129 f Ow1Eac Cit7 tO iubbpW 6CFN ZAVV45258 y Retard or►nay / co sines, Inc Avord owner �ytknown Vol. 3493, Pg. 299 R \ Record Owner.— CiZLbo \ 1101 29 ;. Remnt owner s.,.: city of Lubho.:kce�. k no r Q� 4- c's 4.67.E ocTes c POW1 fr acts; volume 140, Pugs 281 do Vol 125, Pg. 390 6Yantee: F.W. & D. S ?h Plains Railway Company Current Realdl owner; unknown - r r X ,', .: , Point of N. 7,,: Beginning F.• 96. 5 91' 'W. Found 1/2' it, pipe at south?resf comer of Section 2 Ca A 4.673-ACRE TRACT IN SECTION 2, BLOCK B, T.T. RR. CO. SURVEY, ABST. NO. 6599 LUBBOCK COUNTY, TEXAS 0 100' 200' 300' mmmmmw SURVEYORS REPORT BEARINGS AND COORO/NAIES SHOWN HEREON ARE 84SED ON THE TEXAS COORDINAIE SYSTEM, NORTH CENTRAL ZONE 4202, ARM DISTANCES REPORIED HEREON ARE AT SURFACE AREAS REPORTED HEREON ARE 84SED ON C4LCULA71ONS M40E AT SURFACE DISTANCES �b THIS SURVEY /S SUBJECT TO ANY FACTS WHICH AIRY BE DISCLOSED BY A FULL AND ACCUR41E DTLE SEARCH. RECORD DOCUMENTS DINER THAN THOSE SHOWN A94Y AFFECT TUTS TRACT. MONUMENTS INDIC47ED AS FOUND BY THIS SURVEY ARE NOT 'PHYSICAL MONUMENTS OF RECORD D/G7Y/7Y ' UNLESS SO NOTED. FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO SUBSTAN114 AGREEMENT 0H RECORD OOCUMENTS THIS PLAT IS /ANAL/D UNLESS IT BEARS THE SURVEm17RS ORIGINAL SEAL AND SMdW7URE. A METES AND BOUNDS OESCRIPITON OF THIS WATER LINE EASEMENT IS INCLUDED ON PAGE I OF THIS DOCUMENT. x TH/S FLAT WAS PREPARED FROM AN AC7U4L SURVEY OF 1HE PROPERTY AND i THE INFORM417ON HEREON REPRESENTS THE FINDINGS OF 771/S SURVEY TD 1H£ BEST OF MY KNOWLEDGE AND B£L/ET. SURVEYED: JULY 22, 2022 DALE OF SAGAl47URE.• DULY 17, 2022 Lot 202, Pg. 403 Record Owner. CRY Of L•ubboek 49YC AERW /M4C£5 SHOW ON TVS PUr ARE fTir7FF INE CITY OF LU857CK CS LMTA, NO 2021. R M4Y OR MY NOT ACCaN rar RF}LECT CURRFM SITE CONDI4W AND 91MLO NOT REPLACE REZD MEASOWYEKS OF PHYSYGIL IMPROVEMENTS Vol. 202. Pg. 4Q3 Record Owner. City of Lubbock SWUn WYATT R.P.L.S. 6453 PAGE 2 OF 2 SEE PAGE 1 FOR A METES AND BOUNDS DESCR/PAON ,��..OF�, SAMUEL WYATT '% 0 6453 ,�9 �FFSS \o y0 `pl.••�S Parkhill TBPELS FIRM REGISTRATION NO. 10194091 Parkhill EXHIBIT B A 1.443-ACRE TRACT IN SECTION 3, BLOCK B, T.T. RR. CO. SURVEY, ABST. NO.95, LUBBOCK COUNTY, TEXAS A 1.443-acre tract of land in Section 3, Block B, T.T. RR. Co. Survey, Abstract Number 95, Lubbock County, Texas, said tract being further described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the east line of said Section 3 for the most southerly comer of this tract, said beginning point having coordinates of NORTHING: 7,267,592.31 and EASTING: 963,107.39, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence a 1/2-inch iron pipe found at the southeast corner of said Section 3 bears South 01 degrees 47 minutes 33 seconds West a distance of 93.11 feet; (1) THENCE North 42 degrees 47 minutes 59 seconds West, at a distance of 57.12 feet pass the southeast line of a tract of land conveyed to Pyco Industries, Inc., described in a deed recorded in County Clerk's File Number 2007045256 of the Official Public Records of Lubbock County, Texas, continuing at a distance of 207.12 feet pass the physical centerline of the existing railroad tracks, continuing for a total distance of 357.12 feet to a 1/2- inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the northwest line of said Pyco Industries tract, for the most westerly corner of this tract; (2) THENCE North 47 degrees 12 minutes 01 seconds East, along the northwest line of said Pyco Industries tract, 150.00 feet northwest of and parallel to the physical centerline of said existing railroad tracks, a distance of 352.08 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the east line of said Section 3, for the most northerly corner of this tract, whence a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the northwest line of a tract of land described in Volume 140, Page 281 of the Deed Records of Lubbock County, Texas, bears North 01 degrees 47 minutes 33 seconds East a distance of 80.04 feet and the northeast comer of said Section 3 bears North 01 degrees 47 minutes 33 seconds East a distance of 4733.30 feet; (3) THENCE South 01 degrees 47 minutes 33 seconds West, along the east line of said Section 3, at a distance of 210.64 feet pass the physical centerline of said existing railroad tracks, continuing at a distance of 421.28 feet pass the southeast corner of said Pyco Industries tract, continuing for a total distance of 501.49 feet to the POINT OF BEGINNING. Bearings and coordinates, called in this description are based on the Texas Coordinate System, North Central Zone 4202, North American Datum of 1983. Distances are called at surface. Areas called in this description are based on calculations made from surface distances. This survey is subject to any facts which may be disclosed by a full and accurate title search. Record documents other than those shown may affect these tracts. A plat of this survey is included on page 2 of this document. Surveyed on the ground October 31, 2022 Date of Signature: November 01, 2022 l� Samuel Wyatt, R.P.L.S. 6453 Page 1 of 2 OF j N SAMUEL WYAlT s 6453.�P �S Texas Registered Surveying Firm # 10194091 Parkhill.com A 1.443-ACRE TRACT IN SECTION 3, BLOCK B, T.T. RR. CO. SURVEY, ABST. NO. 95, 7he n.3 bmpt V,0j- :5 a LUBBOCK COUNTY, TEXAS - . 5eabon 3 bc+oC> NBr'g733�: NORTH ' 9�330' k. Uu's ]snin7 h/ LEGENDVO r 179 x` 0 100' 200' 300' Rerord bwnerc Cy aF �bxk x sc4LeS 1• �. T � �i o = SET" * pAlbShtll! R!4 5 T45J' h r ` ` v SURVEYORS REPORT o� BEARINGS AND COORDINATES SHOWN HEREON ARE BASED ON THE ZDAS COORDINATE dal, r.� P f & SYSTEM, NORTH CENTRAL ZONE 4202, A4083 S 9 DISTANCES REPORTED HERON ARE AT SURFACE. NOTE AERIAL /MACES SHOWN ON THIS WLAT h,�D (ffol• 115 �+ �gQ AREAS REPORTED HEREON ARE BASED ON MCULA71ONS MADE AT SURFACE DISTANCES ARE FROM THE CRY OF LUBBOCK X 04iA �� ? Record owner• unknown DAZED 2021. IT MAY OR MAY NOf t1 THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND ACCURATELY REFLECT CURRENT Slid X ACCURATE TIRE SEARCH. RECORD DOCUMENTS 07HER TH4N THOSE SHOWN MAY AFFECT CONORIONS AND SHOULD NOT REPLACE RaU :�% THIS TRACT. MEASUREMENlS OF PHYSIGIL IMPROVEMENTS MONUMENTS INDICATED AS FOUND BY INS SURVEY ARE NOT 'PHYSICAL MONUMENTS OF �y RECORD D/GN/IY' UNLESS SO NOTED. 144,T bras . FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE parord tract ZAN 20070452,661 .Y "�`i 70 SUBSTANIGL AGREEMENT WITH RECORD DOCUMENTS unknown recardj4g infwmdfldn ;r THIS PLAT /S INVALID UNLESS IT BEARS THE SURVEYORS ORIGINAL SEAL AND Record ate• FYW 10d0h Inc. & o SIGNATURE. fLllMOmp Ooner'r' A METES AND BOUNDS DESCRIP17ON OF THIS WATER LINE EASEMENT IS INCLUDED ON x' PAGE 1 OF THIS DOCUMENT. I ' THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THE INMRA14WM HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEYED: OCTOBER 31, 2022 DATE OF SIGNATURE.• NOVEM9E7t 01, 2022 O F / ( .......... u `P. G\STER•. + f � CO Q ��°t9N CCFN 200704525,66 / �� �SAMUEL WYATT Record owner. �'co lndtfies' Inc. ". Pg. �LiJ Vol. 202, Record q ,City. of Eck °�O \o`�P�p Point of Z 26�59231 9��•••S / n Beginning 1 lZJ9 - - 54MUE1 WYATT i �'t ` R.P.L.S 6453 d �-K Parkhill r 1' 'Vo% 3493, Pg. 299 " Reco Owner. �nn 1 Found 112" iron VI01 B2. P�, 403 City of Lubbock -0' �F+. pipe at southeast AWQa6d Owner. PAGE 2 OF 2 comer of Section 3 CiY Id Lubbock SEE PAGE 1 FOR A METES / `Oa AND BOUNDS DESCRIP17ON TBPELS FIRM REGISTRATION NO. 10194091 �-r ONNEMM mwn� General Warranty Deed Describing Two Tracts of Land Located Within Block B, Sections 2 and 3 t_. 14 z \--N + ;R01 I 0 Feet 0 250 500 750 1,000 '� City of As required by Chapter 2051, Geospatlal Data Products of the Government Code, this product is for informational purposes Lubbock and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an TEXAS ondhe-ground survey and represents only the approximate relative location of property boundaries. Digital Orthophotography - May 2021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-952998 Kimley-Horn and Associates, Inc. Dallas, TX United States Date Filed: 11/08/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 14034 AMENDMENT 4 Professional design services for the design of Upland Avenue Paving Improvements between 66th Street and 114th Street 4 Name of Interested P �Y City, State, Count lace of business tY+ Country (P ) Nature of interest check applicable) ( PP ) Controlling I Intermediary Cook, Richard N Dallas, TX United States X Flanagan, Tammy Dallas, TX United States X Lefton, Steve Dallas, TX United States X McEntee, David L Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is SARAH MEZA and my date of birth is My address is 13455 NOEL ROAD, SUITE 700 DALLAS TX 75420 US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in DALLAS County, State of TEXAS on the 8TH day of NOVEMBER , 20 22 (month) (year) (:�� ff",- Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.dlb92728 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-952998 Kimley-Horn and Associates, Inc. Dallas, TX United States Date Filed: 11/08/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 11/15/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 14034 AMENDMENT 4 Professional design services for the design of Upland Avenue Paving Improvements between 66th Street and 114th Street Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Cook, Richard N Dallas, TX United States X Flanagan, Tammy Dallas, TX United States X Lefton, Steve Dallas, TX United States X McEntee, David L Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Dedarant) 171 1"^r iccinn IAAARN CthiPC CtAtO tV 1IQ Version V3.5.1.d1b92728 FILED AND RECORDED OFFICIAL PUBLIC RECORDS j { . Kelly Pinion County Clerk Lubbock Counjy TEXyS 11/29$/2022 04:7 PM 2022053949