HomeMy WebLinkAboutResolution - 2022-R0505 - Real Estate Purchase and Sale Agreement with BNSF Railway in Block B, Section 2Resolution No. 2022-R0505
Item No. 5.21
December 6, 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 execute for and
on behalf of the City of Lubbock, a Real Estate Purchase and Sale Agreement for the
purchase of certain real property located in Block B, Section 2, Abstract 659, Lubbock
County, Texas, by and between the City of Lubbock and the BNSF Railway Company, and
all related documents. Said Agreement 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 best 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 December 6, 2022
CJ�9��
TRAY PAVNE, MAYOR
ATTEST:
Rebe a Garza, City Secr to °
I :7' IR31I�]7I. !� CI IZ�IT`�Y M �1►�
Erik Rejino, Assistant City Manager
APPROVED AS TO
ssistant City Attorney
RES. Purchase and Sale Agreement, BNSF Railway Company
11.18.22
Resolution No. 2022-RO505
BNSF Railway Company
Real Estate Purchase and Sale Agreement
The undersigned, hereinafter called "Buyer" offers to purchase from BNSF Railway Company, hereinafter
called "Seller", Seller's interests in a portion of its right-of-way (at or near) City of Lubbock, County of
Lubbock, and State of Texas, as shown on Exhibit "A" ("Property"), attached hereto and made a part hereof.
Seller will convey its interests in the parcel to Buyer for a purchase price of Ten Thousand Dollars and
No/100 ($10.000.00). Seller will convey its interest by Deed Without Warranty reserving minerals as outlined
below. Seller makes no representations or warranties whatsoever. Buyer expressly acknowledges that Buyer
is acquiring Seller's interest in the parcel in an "AS IS" condition and that Buyer has relied upon its own
independent investigation of the physical condition of the parcel. Buyer agrees to release and indemnify
Seller and Seller's shareholders, officers, directors, agents and employees from all responsibility and liability
regarding the condition (including, but not limited to, the physical or environmental condition, including the
presence of hazardous materials), valuation or utility of the parcel. Any outstanding taxes and costs for
survey, abstract, title insurance, documentary stamps, excise tax and other costs, are Buyer's responsibility.
Buyer further agrees to indemnify Seller from future responsibility for the construction and maintenance of
any railroad fences, road crossings, cattle guards, gates, farm crossings, buildings, and drainage or irrigation
pipes located on or adjacent to the parcel to be conveyed.
Buyer's interest shall be subject to the rights and interests of Seller, Seller's licensees, permittees and other
third parties in and to all existing driveways, roads, utilities, fiber optic lines, tracks, wires and easements of
any kind whatsoever on the Property whether owned, operated, used or maintained by the Seller, Seller's
licensees, permittees or other third parties and whether or not of public record.
For 99 years after the Closing Date, Buyer covenants and agrees that the Property shall be used solely for
non-residential purposes and that the groundwater shall not be used for drinking water or irrigation
purposes.
Buyer's interest shall be subject to a reservation to Seller of all coal, oil, gas, casing -head gas and all ores and
minerals of every kind and nature including sand and gravel underlying the surface of the Property, together
with the full right, privilege and license at any and all times to explore, or drill for and to protect, conserve,
mine, take, remove and market any and all such products in any manner which will not damage structures on
the surface of the Property, together with the right of access at all times to exercise said rights.
After the Effective Date, Buyer shall, at Buyer's sole cost and expense, cause to be prepared a survey of the
Property certified to Seller, Buyer and such other parties as Buyer may choose showing the boundaries of the
Property and any improvements located thereon (the "Survey"). Said Survey shall be delivered to Seller no
later than twenty (20) days prior to the Closing Date. Seller shall have the right to review and require
necessary changes to the Survey to more accurately describe the Property and any Easements located
thereon. If Seller does not agree that the description of the Property contained on the Survey is the Property
Seller wishes to sell or otherwise objects to the Survey then Seller may terminate this Agreement by written
notice to Buyer in which case the Earnest Money shall be refunded to Buyer and neither party shall have any
further obligation hereunder except those that expressly survive termination. If Seller agrees in writing that
the Survey description is accurate then the description thereon shall be the definition of the Property for all
purposes under this Agreement. In the event a city, county, or other governing authority where the Property
is located (a "Municipality") requires a survey or plat to convey the Property (a "Plat"), the Buyer shall
obtain, at Buyer's sole cost and expense, such Plat and the approval of such Municipality. Seller's obligations
hereunder are conditioned upon Seller's approval of the Plat approved by the Municipality. Buyer shall
provide the proposed Plat to Seller prior to submission to the Municipality and prior to the expiration of the
Review Period.
Buyer understands the foregoing. Buyer further understands that railroad property may be subject to
reversion on abandonment of use for railroad purposes; that Seller's quitclaim deed conveys only whatever
interests it may have in the parcel, if any; and that the deed does not necessarily convey fee title or give Buyer
ownership of the parcel as against the claims of anyone other than Seller. Buyer herewith deposits as earnest
money the sum of Ten Thousand Dollars and No/100 ($10,000.00) to be applied against the purchase price.
Said check shall be made payable to The Bank of New York Mellon Trust Company, NA. Buyer
acknowledges that a material consideration for this agreement, without which it would not be made, is the
agreement between Buyer and Seller, that the Buyer shall pay upon return of this Agreement signed by
Buyer to Seller's Broker a processing fee in the amount of Two Thousand Five Hundred Dollars and No/100
($2,500.00) over and above the agreed upon Purchase Price. Said fee shall be made payable to the BNSF
Railway Company, by a separate check. Notwithstanding anything set forth herein to the contrary, the
balance of the purchase price shall be due ten (10) days from notice that Seller's deed is ready for delivery.
Time is of the essence of this contract, and if Buyer shall default or fail to perform the requirements of this
contract within the time limits herein specified, the Seller may retain the deposit as agreed liquidated
damages and just compensation, and not as a penalty or forfeiture, and declare this contract terminated. In
the event of default by Seller, Buyers sole remedy shall be a return of the earnest money deposit.
Buyer shall not be entitled to object to the lien of any of Seller's mortgages. Seller shall deliver to Buyer, who
shall place of record, good and sufficient releases of the liens of any mortgages on the Property securing
indebtedness to which Seller is obligated to pay within one hundred eighty (180) days after the first meeting of
Seller's Board of Directors held after the Closing. In the event Seller shall be unable to obtain said releases for
any reason, Seller shall have the right to repurchase the Property from Buyer for the Purchase Price and Buyer
shall reconvey the Property to Seller free and clear of defects or objections arising after the Effective Date upon
which this Agreement shall terminate and neither party shall have any further rights or obligations hereunder
except those that expressly survive termination.
Seller may assign its rights (but not its obligations) under this Agreement to Goldfinch Exchange Company,
LLC, (Goldfinch) an exchange intermediary, in order for Seller to effect an exchange under Section 1031 of
the Internal Revenue Code. In such event, Seller shall provide Buyer with a Notice of Assignment, attached
as Exhibit B, and Buyer shall execute an acknowledgement of receipt of such notice. Buyer may also assign
its rights (but not its obligations) under this Agreement to an exchange intermediary in order for Buyer to
effect an exchange under Section 1031 of the Internal of Revenue Code.
On or prior to the Effective Date, Broker has advised and hereby advises Seller and Buyer, by this writing and
by other means, of the existence and availability of the Texas Real Estate Recovery Fund, which was and is
established for the purpose of reimbursing certain aggrieved persons who suffer actual damages by reason of
certain acts committed by a duly licensed real estate broker or salesman, or by an unlicensed employee or agent
of a broker or salesman, provided the broker or salesman was licensed by the State of Texas at the time the act
was committed and provided recovery is ordered by a court of competent jurisdiction against the broker or
salesman, and Seller and Buyer hereby acknowledge that they have been so advised. Seller and Buyer are
hereby advised that the Texas Real Estate Commission administers two recovery funds which may be used to
satisfy judgments against inspectors and real estate licensees involving a violation of the law. Seller and Buyer
are hereby advised that if they have any questions regarding the Texas Real Estate Recovery Fund or the Texas
Real Estate Inspection Recovery Fund or if they desire to direct a complaint to the Texas Real Estate
Commission, they should contact the Texas Real Estate Commission at the following address and telephone
number: Texas Real Estate Commission, P. O. Box 12188, Capitol Station, Austin, Texas 78711-2188
(telephone no. (512) 465-3960).
Buyer has been allowed to make an inspection of the property and has knowledge as to the past use of the
property. Based upon this inspection and knowledge, Buyer is aware of the condition of the property and
BUYER SPECIFICALLY ACKNOWLEDGES THAT BUYER IS PURCHASING THE PROPERTY IN AN
"AS -IS WITH ALL FAULTS" BASIS AND THAT BUYER IS NOT RELYING ON ANY
REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FROM SELLER AS TO ANY
MATTERS CONCERNING THE PROPERTY, including without limitation the physical or environmental
condition of the property and any defects thereof, the presence of any hazardous substances, wastes or
contaminants in, on or under the property, the condition or existence of any of the above ground or
underground structures or improvements in, on or under the property, the condition of title to the property,
and the leases, easements or other agreements affecting the property. Buyer assumes the risk that hazardous
substances and contaminants may be present on the property, and indemnifies, holds harmless and hereby
waives, releases and discharges forever Seller from any and all present or future claims or demands, and any
and all damages, loss, injury, liability, claims or costs, including fines, penalties and judgments, arising from
or in any way related to the condition of the property or presence of any hazardous substances or
contaminants in, or under the property.
This indemnity specifically includes the obligation of Buyer to remove, close, remediate, reimburse or take
other actions requested or required by any governmental agency concerning any hazardous substances or
contaminants o e ro rty.
By: Date: December 6, 2022
Title: Mayor, City of Lubbock
Printed below is the name(s) and address(s) as they should appear in the deed of conveyance:
City of Lubbock
1314 Avenue K, Lubbock, Texas, 79401
Buyer's Phone:
806-775-2003
ACCEPTED BY: BNSF RAILWAY COMPANY
BL
y: Date:
Print Name: Dean Ferris
Title: BNSF Director of Right of Way and Real Estate Management
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RED RIVER DIVISION
SLATON SUBDIVISION - L.S.
0487-1
VAL.SEC. 45012
FWBDSP RY TX-02,
MAP 21
MEASUREMENTS BASED ON PROVIDED SURVEYS
SURVEY. TT RR CO
(S) MEASUREMENTS TAKEN OFF SURVEY
DATE: 10/28/2022
(M) MEASUREMENT
OPP MP 676.39
DRAWN BY:TR DRAWING NO.86128
EXHIBIT "B"
NOTICE OF ASSIGNMENT
Goldfinch Exchange Company LLC
A Delaware limited liability company
2001 Western Avenue, Suite 330
Seattle, WA 98121
429-646-4020
206-728-0939 fax
NOTICE OF ASSIGNMENT
TO: City of Lubbock
and any assignees or exchange intermediaries of Buyer
You and BNSF Railway Company ("BNSF") have entered into the Real Estate Purchase
and Sale Agreement, dated December 6 , 20 22for the sale of the real property
described therein. You are hereby notified that BNSF has assigned its rights as Seller, but not its
obligations, to Goldfinch Exchange Company LLC for the purpose of effecting a tax deferred
exchange under Internal Revenue Code Section 1031. This is an assignment of rights only and
BNSF will deed the property directly to you.
ACKNOWLEDGED:
By: ' WX 1; L�-p
Print Name: ra Payne
Title: Mayor
GoldFnch Exchange Company LLC
A Delaware limited liability company
2001 Western Avenue, Suite 330
Seattle, WA 98121
429-646--4020
206-728-0939 fax
NOTICE OF ASSIGNMENT
TO: City of Lubbock
and any assignees or exchange intermediaries of Buyer
You and BNSF Railway CoX-i4zzl"V
any (`BNSF") have entered into the Real Estate Purchase
and Sale Agreement, dated ---� , 20 yfor the sale of the real property
described therein. You are hereby notified thz[t BNSF has assigned its rights as Seller, but not its
obligations, to Goldfinch Exchange Company LLC for the purpose of effecting a tax deferred
exchange under Internal Revenue Code Section 1031. This is an assignment of rights only and
BNSF will deed the property directly to you.
ACKNOWLEDGED:
By: " W�L
Print Name: ray Pa ne
Title: t111 Mayor
2023018961 11 PGS DEED
WHEN RECORDED MAIL TO:
City of Lubbock
Erik Rejino
1314 Ave. K
Lubbock, TX 79457
RECORDED AT THE REQUEST OF:
City of Lubbock
Erik Rejino
1314 Ave. K
Lubbock, TX 79457
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.
DEED WITHOUT WARRANTY
STATE OF TEXAS §
§ ss KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
That BNSF RAILWAY COMPANY, a Delaware corporation, (formerly known as
The Burlington Northern and Santa Fe Railway Company and formerly known as
Burlington Northern Railroad Company) of 2500 Lou Menk Drive, Fort Worth, Texas
76131-2830, hereinafter called "Grantor", for and in consideration of the sum of TEN
AND NO1100 DOLLARS ($10.00), and other good and valuable consideration, to it in
hand paid by CITY OF LUBBOCK, of 1314 Ave. K, Lubbock, Texas 79457 hereinafter
called "Grantee", the receipt and sufficiency of which is hereby acknowledged, has
Granted, Sold and Conveyed, and by these presents does GRANT, SELL, and
CONVEY, unto Grantee, all that certain land (exclusive of any improvements thereon),
subject, however, to all existing interests, including but not limited to all reservations,
rights -of -way and easements of record or otherwise, situated in Lubbock County,
Texas, hereinafter called "Property", being more particularly described on EXHIBIT "A"
attached hereto and by this reference made a part hereof.
Grantee covenants and agrees as follows:
(a) Grantee's interest shall be subject to the rights and interests of Grantor,
Grantor's licensees, permittees and other third parties in and to all existing driveways,
roads, utilities, fiber optic lines, tracks, wires and easements of any kind whatsoever on
the Property whether owned, operated, used or maintained by the Grantor, Grantor's
licensees, permittees or other third parties and whether or not of public record. Grantor
does hereby reserve a perpetual easement on the Property for the use of such existing
driveways, roads, utilities, fiber optic lines, tracks, wires and easements by Grantor and
Grantor's licensees, permittees and customers.
(b) Grantee's interest shall further be subject to, and Grantor does hereby
specifically reserve, all coal, oil, gas, casing -head gas and all ores and minerals of
every kind and nature including sand and gravel underlying the surface of the Property,
together with the full right, privilege and license at any and all times to explore, or drill
for and to protect, conserve, mine, take, remove and market any and all such products
in any manner which will not damage structures on the surface of the Property, together
with the right of access at all times to exercise said rights.
(c) For 99 years after the Closing Date, Grantee covenants and agrees that
the Property shall be used solely for non-residential purposes and that the groundwater
will not be used for drinking water or irrigation purposes.
(d) Grantee has been allowed to make an inspection of the Property.
GRANTEE IS PURCHASING THE PROPERTY ON AN "AS -IS WITH ALL FAULTS"
BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE
RELATING TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND IS
NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR
IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS
CONCERNING THE PROPERTY, including, but not limited to the physical condition of
the Property; zoning status; tax consequences of this transaction; utilities; operating
history or projections or valuation; compliance by the Property with Environmental Laws
(defined below) or other laws, statutes, ordinances, decrees, regulations and other
requirements applicable to the Property; the presence of any Hazardous Substances
(defined below), wetlands, asbestos, lead, lead -based paint or other lead containing
structures, urea formaldehyde, or other environmentally sensitive building materials in,
on, under, or in proximity to the Property; the condition or existence of any of the above
ground or underground structures or improvements, including tanks and transformers
in, on or under the Property; the condition of title to the Property, and the leases,
easements, permits, orders, licenses, or other agreements, affecting the Property
(collectively, the "Condition of the Property"). Grantee represents and warrants to
Grantor that Grantee has not relied and will not rely on, and Grantor is not liable for or
bound by, any warranties, guaranties, statements, representations or information
pertaining to the Property or relating thereto (including specifically, without limitation,
Property information packages distributed with respect to the Property) made or
BNSF 9727-2 Lubbock, TX 2
furnished by Grantor, the manager of the Property, or any real estate broker or agent
representing or purporting to represent Grantor, to whomever made or given, directly or
indirectly, orally or in writing. Grantee assumes the risk that Hazardous Substances or
other adverse matters may affect the Property that were not revealed by Grantee's
inspection and indemnifies, holds harmless and hereby waives, releases and
discharges forever Grantor and Grantor's officers, directors, shareholders, employees
and agents (collectively, "Indemnitees") from any and all present or future claims or
demands, and any and all damages, Losses, injuries, liabilities, causes of actions
(including, without limitation, causes of action in tort or asserting a constitutional claim)
costs and expenses (including, without limitation fines, penalties and judgments, and
attorneys' fees) of any and every kind or character, known or unknown, arising from or
in any way related to the Condition of the Property or alleged presence, use, storage,
generation, manufacture, transport, release, leak, spill, disposal or other handling of
any Hazardous Substances in, on or under the Property. Losses shall include without
limitation (a) the cost of any investigation, removal, remedial, restoration or other
response action that is required by any Environmental Law, that is required by judicial
order or by order of or agreement with any governmental authority, or that is necessary
or otherwise is reasonable under the circumstances, (b) capital expenditures necessary
to cause the Grantor remaining property or the operations or business of the Grantor on
its remaining property to be in compliance with the requirements of any Environmental
Law, (c) Losses for or related to injury or death of any person, (d) Losses for or related
to injury or damage to animal or plant life, natural resources or the environment, and (e)
Losses arising under any Environmental Law enacted after transfer. The rights of
Grantor under this section shall be in addition to and not in lieu of any other rights or
remedies to which it may be entitled under this document or otherwise. This indemnity
specifically includes the obligation of Grantee to remove, close, remediate, reimburse or
take other actions requested or required by any governmental agency concerning any
Hazardous Substances on the Property. The term "Environmental Law" means any
federal, state or local statute, regulation, code, rule, ordinance, order, judgment,
decree, injunction or common law relating in any way to human health, occupational
safety, natural resources, plant or animal life or the environment, including without
limitation, principles of common law and equity, the Resource Conservation and
Recovery Act, the Comprehensive Environmental Response, Compensation and
Liability Act, the Toxic Substances Control Act, and any similar or comparable state or
local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive
or infectious substance, material or waste as defined, listed or regulated under any
Environmental Law, and includes without limitation petroleum oil and any of its
fractions.
The covenants and agreements set forth in paragraphs (a) through (d), above, shall be
binding upon Grantee and its heirs, successors and assigns, and shall be covenants
running with the land benefiting Grantor and its heirs, successors and assigns.
THIS CONVEYANCE IS MADE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, AND NO COVENANT OF WARRANTY SHALL BE IMPLIED FROM THE USE OF
ANY WORD OR WORDS HEREIN CONTAINED, INCLUDING WITHOUT LIMITATION, ANY
WARRANTY THAT MIGHT ARISE BY COMMON LAW, STATUTE, OR THE WARRANTIES IN
BNSF 9727-2 Lubbock, TX 3
SECTION 6.023 OF THE TEXAS PROPERTY CODE (AS AMENDED OR MODIFIED FROM
TIME TO TIME). UPON DELIVERY OF THIS DEED, GRANTEE ACKNOWLEDGES AND
AGREES THAT GRANTEE IS ACCEPTING THIS CONVEYANCE BASED SOLELY UPON
GRANTEE'S OWN INDEPENDENT INSPECTION AND INVESTIGATION OF THE
PROPERTY. GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT NO SUCH
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND
WHATSOEVER FROM GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY.
ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging, unto Grantee, Grantee's legal
representatives, heirs, successors and assigns, forever, without warranty of title of any
kind (whether statutory, express, or implied).
IN WITNESS WHEREOF, the said Grantor has caused this instru_?ent to be
signed by its authorized representative, hereto on the day of
2023.
BNSF RAILWAY COMPANY,
a Delawao-torooration .
By:
Its: Director Nht of
Real Estate
BNSF 9727-2 Lubbock. TX 4
STATE OF TEXAS §
§ SS
COUNTY OF LUBBOCK §
The foregoing instrument wc'
2023, by Tray Payne,
MAGEN D. MURCHISON
Notary Public, State of Texas
Notary ID# 12937411-2
My Wwisew E#w 04-03-2025ONO
ACCEPTED:
By:
Name:
Title:
RA
22
s acknowledged before me this �J day of
of City of Lubbock, on behalf of said municipality.
NotaVublic in and for the State of Texas
My commission expires: 3 202-5
BNSF 9727-2 Lubbock, TX 5
STATE OF TEXAS §
§ ss
COUNTY OF TARRANT §
The foregoing instrument was acknowledged before me this , �Wday of
2023, by Dean Ferris as Director Right of Way and Real Estate
Manag ent, of BNSF RAILWAY COMPANY, a Delaware corporation, on behalf of
said corporation.
Z/I Vim
Notarylic in nd for the Stat of Texas
My commission expired-Z ,,%
This Instrument Prepared by:
BNSF Railway Company
LAW Department
2600 Lou Menk Drive, AOB 3
Fort Worth, Texas 76131-2830
FORM APPROVED BY LAW
APPROVED
KKH
DESCRIPTION
APPROVED
FORM
APPROVED
BNSF 9727-2 Lubbock. TX 6
EXHIBIT "A"
LEGAL DESCRIPTION
(Consisting of 3 pages, the written description and the accompanying plat to follow.)
BNSF 9727-2 Lubbock, TX
Parkhill
A 9.374-ACRE TRACT OF LAND IN
SECTION 2, BLOCK B,
T.T. RR. CO. SURVEY, ABST. NO. 659,
LUBBOCK COUNTY, TEXAS
A 9.374-acre tract of land in Section 2, Block B, Tyler Tap Railroad Company Survey, Abstract Number 659,
Lubbock County, Texas, being a portion of that certain tract of land conveyed to Fort Worth and Denver South
Plains Railway Company, described in a deed recorded in Volume 125, Page 390 of the Deed Records of
Lubbock County, Texas, said 9.374-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 northwest line of
said parent tract, in the north line of the southwest quarter of said Section 2 for the northwest corner of this tract,
said beginning point having coordinates of NORTHING: 7,270,097.35 and EASTING: 965,434.26, 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 North 88 degrees 22 minutes 11 seconds West a distance of
2247.91 feet and South 01 degrees 47 minutes 33 seconds West a distance of 2663.95 feet, and whence the
northwest corner of said Section 2 bears North 88 degrees 22 minutes 11 seconds West a distance of 2247.91
feet and North 01 degrees 47 minutes 33 seconds East a distance of 2663.95 feet;
(1) THENCE South 88 degrees 22 minutes 11 seconds East, along the north line of the southwest quarter of said
Section 2, a distance of 142.85 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set
in the southeast line of said parent tract, for the northeast corner of this tract, whence a nail with a washer
stamped "HRA" found at the northeast corner of said Section 2 bears South 88 degrees 22 minutes 11 seconds
East a distance of 2890.59 feet and North 01 degrees 47 minutes 01 seconds East a distance of 2677.57 feet,
and whence a 1-inch iron pipe found at the southeast corner of said Section 2 bears South 88 degrees 22
minutes 11 seconds East a distance of 2890.59 feet and South 01 degrees 47 minutes 01 seconds West a
distance of 2677.57 feet;
(2) THENCE South 47 degrees 12 minutes 01 seconds West, along the southeast line of said parent tract, a
distance of 1534.45 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set at a point of
intersection for a corner of this tract;
(3) THENCE South 42 degrees 47 minutes 59 seconds East a distance of 50.00 feet to a 1/2-inch iron rod with a
plastic cap marked "PARKHILL RPLS 6453" set at a point of intersection in the southeast line of said parent tract,
for a corner of this tract;
(4) THENCE South 47 degrees 12 minutes 01 seconds West, along the southeast line of said parent tract, a
distance of 1300.00 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the
northeast line of a 4.673-acre tract conveyed to the City of Lubbock, described in a general warranty deed
recorded in County Clerk's File Number 2022053949 of the Official Public Records of Lubbock County, Texas, for
the southeast corner of this tract, whence a 5/8-inch iron rod found at the northeast corner of said 4.673-acre tract
bears South 42 degrees 47 minutes 50 seconds East a distance of 118.00 feet;
(5) THENCE North 42 degrees 47 minutes 59 seconds West, along the north line of said 4.673-acre tract, a
distance of 200.00 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the
northwest line of said parent tract, for the southwest corner of this tract, whence a 1/2-inch iron rod with a plastic
cap marked "PARKHILL RPLS 6453" set for the northwest corner of said 4.673-acre tract bears North 42 degrees
47 minutes 59 seconds West a distance of 107.00 feet;
(6) THENCE North 47 degrees 12 minutes 01 seconds East, along the northwest line of said parent tract, a
distance of 1300.00 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set at a point of
intersection for a corner of this tract;
(7) THENCE South 42 degrees 47 minutes 59 seconds East a distance of 50.00 feet to a 1/2-inch iron rod with a
plastic cap marked "PARKHILL RPLS 6453" set in the northwest line of said parent tract, at a point of intersection
for a corner of this tract;
Page 1 of 3 Texas Registered Surveying Firm # 10194091
Parkhdl.com
Parkhill
(8) THENCE North 47 degrees 12 minutes 01 seconds East, along the northwest line of said parent tract, a
distance of 1432.44 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 3 of this document.
Surveyed on the ground July 20, 2022
Signed: April 05, 2023 ��••OF•wTc�
1 SAMU .. WYATT
1' . "EsS
SUR
Samuel Wyatt, R.P.L.S. 6453
Page 2 of 3
Texas Registered Surveying Firm # 10194091
Parkhdl.com
�I A 9.374-ACRE TRACT OF LAND IN
S 88'22'11 'E
tl Vol. 2Bs4 Pg. 153 142.85' j90 SECTION 2, BLOCK B,
II Vol 3852, Pg. 29 ,,tihe T.T. RR. CO. SURVEY, ABST. NO. 6595
I I
Point o/ LUBBOCK COUNTY, TEXAS
I Beginning PARENT TRACT: VOLUME 125, PAGE 390,
II N.• 7,270,097.35 A� DEED RECORDS OF LUBBOCK COUNTY, TEXAS
I I E.• 965,434.26 kg
II V01. 202, Pg. 403
Record Owner.• City o/ Lubbock 01(�. 1h
II
.o I I m 1�'`j�•
NJ mllo �1' 01
o m I I m �� LEGEND: SCALE- 1"= 500'
11 o C; S 42'47 59'E p1�
v'
c 50.00' S• O = SET 1/2" IRON ROD WITH CAP PSC RPLS 6453`
=FOUND 5/8" IRON ROD. 1qp
= FOUND 1/2" IRON PIPE. NORTH
�a II
II 00 0 500' 1000,
I �00' �9� OQ S.42'47159 'E SURVEYORS REPORT.
II 4.673 - acre troct 1 50.00'
CCFN 2022053949 5 QA 00 BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON
Record Owner. THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, N4D83.
City o/ Lubbock 01 1h P 1� , DISTANCES REPORTED HEREON ARE AT SURFACE.
AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE FROM
R1• ���G`' 1ti0 SURFACE DISTANCES.
o`e�l C, k1• THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A
o� Q FULL AND ACCURATE TITLE SEARCH. RECORD DOCUMENTS OTHER THAN
Vol. 202, Pg. 403 THOSE SHOWN MAY AFFECT THIS TRACT.
Record Owner.- City o/ Lubbock MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT 'PHYSICAL
CEi C-' 6, MONUMENTS OF RECORD DIGNITY' UNLESS SO NOTED.
4- '� o FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING
�pp�s ca�� EVIDENCE DUE TO SUBSTANU4 AGREEMENT WITH RECORD DOCUMENTS.
THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYORS ORIGINAL SEAL
AND SIGNATURE.
A METES AND BOUNDS DESCRIPTION OF THIS TRACT IS INCLUDED ON
Southwest corner
PAGES 1 & 2 OF THIS DOCUMENT.
o/ Section 2
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE
c Section 2, Block B PROPERTY AND INFORMATION HERON REPRESENTS THE FND/NGS OF
THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF.
. � Section 1, Block B
SURVEYED: JULY 20, 2022
SIGNED: APR/L 05, 2023 ��••O F•
SS -{ 9 PAGE 3 OF 3
i TT... ParL.,,IL-.
..................
-0 6453 ..:
�iy••• ESS �
SAMUEL WYATT
� •S U R`I � � '
R.P.L.S. 6453 TBPELS FIRM REGISTRATION NO 10194091
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
ti OF T
n*
OF
Kelly Pinion, County Clerk
Lubbock County, TEXAS
05/24/2023 01:25 PM
Recording Fee: $62.00
2023018961