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Home My WebLink AboutResolution - 2023-R0058 - Street Dedication Deed and Drainage Easement in Section 26, Block AK with LCDEVResolution No. 2023-R0058 Item No. 5.11 February 14, 2023 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 Street and Public Use Dedication Deed and a Drainage Easement in connection with certain real property located in Section 26, Block AK, Lubbock County, Texas, to be utilized for the Upland Avenue Roadway Project, and all related documents. Said Dedication Deed and Drainage Easement are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on ATTEST: February 14, 2023 TRAY PA , AYOR J�?"'�" A/"� - Rebec a Garza, City Secreta APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: r' Ryan Broke, A/ssisllfant City Attorney RES.Dedication Deed & Drainage Easement -Section 26, Block AK 1.30.23 CFry o; Wbbvck ` Resolution No. 2023-R0058 2023006309 4 PGS DED III K %9 K11 haI IWh 01141A It 11111 STREET AND PUBLIC USE DEDICATION DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT LCDEV, LLC, a Texas Limited Liability Company herein called "Grantor", for and in consideration of the sum of AND NO/ 100 DOLLARS ($10.00) and other good and valuable consideration, to it hand in paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever and for street purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A". TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public purposes. WITNESS MY HAND this _ i� day of , 2022. LCDEV, By:_ Printed STATE OF TEXAS COUNTY OF LUBBOCK a Texas Limited Liability Company BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared THOMAS K. PAYNE, in his capacity as Manager of LCDEV, LLC, a Texas Limited Liability Company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day off 2022. ZACHARY RYAN LOPEZ N Y PUSLIC, S ATE OF EXAS 3:°;' :Notary Public, State of Texas SV- P; Comm. Expires 02-27-2024 -,;�.•••�,.� My Commission Expires: Z~27 =21?2,111_ �.,,,°;��r� Notary ID 132378684 WAA T - - - - W'A7/T-A�-IYAY II O �Yr-i Z ------------ - - - -- Q aN I II -- SCALE: 1 "=100' \ 44 I I ' Line Table Line # Length Direction I Ll 150.00' SO]* 52' 23"W 2.33 ACRES \ I$ I 14 TEXAS REAL ESTATE, LLC \ L2 15.00' N88° 12'36"W q CCFN 2021051515 I W I L3 29.38' SOl° 52' 23"W Q 7305 82hd STREET 1 I I L4 120.66' N00° 10' 08"E I i L5 18.59' SEE° 12' 36"E REMAINDER OF 7.67ACRE TRACT �S L CDEV* LLC 4 CCFIV X21037187 8306 UPLAND AVE. I 4.124 ACRES AFFORDABLE STORAGE, LL C CCFN 2022022769 8306 UPLAND AVE. P.O.B. I I N= 7,254,795.26' E= 909995.17' Upland Avenue I A 0.0566 ACRES 2466 SQ. FT. STREET-% �a` I � II � II 3 I II I ---------------- z31 UPLAND BUSINESS PARK TRACT 'A" V' 3 > CCFN 2018033489 I CCFN Qa Z I I I i$ a Q Note: Recorded or unrecorded documents other than those shown a-, I on this survey may exist and encumber this property. Z I ?LAND AVENUE DESIGN PROJE( 66TH STREET TO 114TH STREET I LEGEND: II -SURVEYED PROPERTY -ADJACENT PROPERTY — RIGHT-OF-WAY -EASEMENT I — — — -EASEMENT I I - SET 1/2" ROD WCAP Surveyed on the ground. P.O.B.- POINT OF BEGINNING July 22, 2022 CCFN- COUNTY CLERK FILE NUMBER. LOT 3 LUBBOCK COUNTY. TEXAS HUGO REED I AND ASSOCIATES, INC. ' LAND SURVEYORS 1601 AVENUE N Parcel 56 - Permanent Easement Q- O CIVIL ENGINEERS LUBBOCK, TEXAS 79401 PERIMETER SURVEY OF A N"i LICENSED SURVEYING FIRM 100676.00 PHONE: 806 / 763-5642 0.0566 ACRE PARCEL LOCATED IN ROOM I. � R TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 BLOCK AK 516'1 r Bearings are relative to the Texas Coordinate System of 1983, SECTION 26 TEXAS OBEs �O'�' North Central Zone, NAD 83 (2011), Epoch 2010.0 LUBBOCK COUNTY Distances and coordinates are surface, U.S. Survey feet Combined Scale Factor: 1.0002485 Robert A. Christopher, Registered Professic Land Surveyor No. 5167 State of Texas Copyright 2020, Hugo Reed and Associates, Inc. Page I of 2' DESCRIPTION FOR PARCEL 56 METES AND BOUNDS DESCRIPTION of a 0.0566 acre parcel located in Section 26, Block AK, Lubbock County, Texas, being a portion of that 7.67 acre tract described in County Clerk File Number (CCFN) 2021037187, Official Property Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap'HUGO REED & ASSOC' (N=7,254,795.26', E=909,995.17') found in the West line of a 40.00 foot Right -of -Way described in Volume 782, Page 698, Deed Records, Lubbock County, Texas (DRLCT), in the North line of said 7.67 acre tract, at the Northeast comer of this tract, which bears S. 88°07'35" E. a distance of 40.00 feet, and N.01 °52'23" E. a distance of 365.13 feet to a railroad spike found at the Northeast corner of said Section 26, Block AK, and for the Northeast corner of this parcel; THENCE S. 01052'23" W. along the West line of said 40.00 foot Right -of -Way, a distance of 150.00 feet to 1/2" iron rod with cap 'HUGO REED & ASSOC' set for the Southeast corner of this parcel; THENCE N. 88012'36" W. along the common line of a 4.124 acre tract described in CCFN 2022022769, OPRLCT, and said 7.67 acre tract, a distance of 10.00 feet to a point for the Southwest corner of this parcel; THENCE N. 01052'23" E. parallel with and 55.00 feet West of the East line of said Section 26, Block AK, a distance of 29.38 feet to 1/2" iron rod with cap 'HUGO REED & ASSOC' set for a point of intersection; THENCE N. 00010'08" E. a distance of 120.66 feet to 1/2" iron rod with cap 'HUGO REED & ASSOC' set in the South Line of that 2.33 acre tract described in CCFN 2021051515, OPRLCT for the Northwest corner of this parcel; THENCE S. 88012'36" E., along the South line of said 2.33 acre tract a distance of 18.59 feet to the Point of Beginning. Containing 0.0566 acre (2466 sq. ft.) of land, more or less. Surveyed on the ground, July 22, 2022 UPLAND AVENUE DESIGN PROJECT HUGO REED 66TH STREET TO 114TH STREET EOFTI-FtAND ASSOCIATES, INC. y�PO�STEq 1601 AVENUE N LAND SURVEYORS Parcel 56 - Permanent Easement Q- O LUBBOCK, TEXAS 79401 CIVIL ENGINEERS PERIMETER SURVEY OF A rExos LICENSED SURVEYING FIRM too676.00 PHONE: 806 / 763-5642 I�BkRi � 0.0566 ACRE PARCEL LOCATED IN TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 SECTION 26 BLOCK AK �� 5167 Bearings are relative to the Texas Coordinate System of 1983, LUBBOCK COUNTY, TEXAS OFE,p� North Central Zone, NAD 83 (2011), Epoch 2010.0 $ Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor. 1.0002485 Robert A. Christopher, Registered Professional Land Surveyor No. 5167 State of Texas Copyright 2020, Hugo Reed and Associates, Inc. Page 2 of 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS L- Kelly Pinion County Clerk Lubbock County TEXAS 02/17/2023 03:46 PM FEE: $34.00 2023 06309 Resolution No 2023-R0058r 17 `, ny ✓ 2023006310 8 PGS EASE III K �'4� Kati h� iM�� I�Kr�rN�Ri��l4Y�� il_II DRAINAGE EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT LCDEV, LLC, a Texas Limited Liability Company, herein called "GRANTOR" for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS to GRANTOR in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further good and valuable consideration in benefits accruing and to accrue to the remainder of GRANTOR'S property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, its legal representatives, successors and assigns, for the use of the public as a perpetual and permanent drainage easement, the free and uninterrupted use, liberty of passage in, on, along, over, upon, under, and across all that property lying and being situated in Lubbock County, Texas, and being more particularly described in the attached Exhibit "A." SO LONG AS the public continues to use said property for the purposes herein stated, said easement includes, but is not limited to, the free and uninterrupted use, liberty and privilege of passage in, along, over, across, under, upon and against the hereinafter described land for the purpose of constructing, reconstructing, maintaining, repairing, cleaning and clearing said premises for the free and unobstructed drainage of surface waters; together with the right of ingress, egress and regress for such purposes in, on, along, through and across all the property above described. It is hereby covenanted and agreed that the CITY OF LUBBOCK retains and reserves the right to set and determine the drainage grade and direction of flow of surface waters on the real estate above described and buildings or like permanent structures shall not be erected, built, constructed or allowed to be erected, built or constructed in, upon, over, along or across the real estate above described, and if such erection, building or construction does occur in violation of this prohibition, the CITY OF LUBBOCK shall have the right to remove said building or structure from the aforesaid real estate. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, its successors and assigns, for so long as the CITY OF LUBBOCK uses the same for the purposes herein granted. WITNESS MY HAND this day o2022. LLC, a Texas Limited Liability By:�L Printed N STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared THOMAS K. PAYNE, in his capacity as Manager of LCDEV, LLC, a Texas Limited Liability Company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of�crc,'�z 2022. ZACHARY RYAN LOPEZ Notary Public, State of Texas NOTARY PUtLIC, ST E OF fEXAS Comm. Expires 02-27-2024 ;,°;,.`�� Notary ID 132378684 My Commission Expires: �p�. 55'AYWr-cF- wa r Illy Wjj* km. 5510, PG. 25+ TOW` io savraarse't+fxSCALE:l"=100' 2.33 ACRES 14 TEXAS REAL ES TA TE, LL C CCFN 2021051515 7305 82nd STREET REMAINDER OF 7.67 ACRE TRACT LCDEV, LLC CCFN 2021037187 8306 UPLAND AVE. Upland Avenue Parcel No. 56-A 0.0292 ACRES 1273 SO. Fr. 4.124 ACRES AFFORDABLE STORAGE, LL C CCFN 2022022769 8306 UPLAND AVE. WE' UPLAND BUSINESS PARK I o TRACT 'A" CCFN 2018033489 w Note: Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. 3 S iR P.O.B. I N= 7,254,795.84' E= 909,976.58' I I' Line Table Line # Length Direction L1 120.66' S00° 10' 0811W L2 29.38' S010 52' 23"W L3 10.00' N880 12' 36"W L4 29.25' N010 52' 23"E L5 120.75' N01 ° 57' 15"E L6 6.24' S880 12' 36"E ------__----L. 83rd STREET7-, (PAVED) r ~ W Q LOT/ p 3 �I Wla al0- I II II QIH I� I I LOT 2 �II I LEGEND: SURVEYED PROPERTY II ADJACENT PROPERTY — - RIGHT-OF-WAY -- Ind — — -EASEMENT SET 1/L" ROD w/CAP I Surveyed on the ground. P.O.B.- POINT OF BEGINNING ' I I I July 22, 2022 LOT 3 CCFN- COUNTY CLERK FILE NUMBER. i Imanric rnlrnrry TFxnc 'LAND AVENUE DESIGN PROJECTI 66TH STREET TO 114TH STREET OF I. F Parcel 56-A - Permanent Easement W PERIMETER SURVEY OF A M ART A. � 0.0292 ACRE PARCEL LOCATED IN SECTION 26, BLOCK AK �o� 5167 C�ESS1 LUBBOCK COUNTY, TEXAS Robert A. Christopher, Registered Professic Land Surveyor No. 5167 State of Texas HUGO REED IARAND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.0002485 Copyright 2020, Hugo Reed and Associates, Inc. Page 1 of 2 DESCRIPTION FOR PARCEL 56-A METES AND BOUNDS DESCRIPTION of a 0.0292 acre parcel located in Section 26, Block AK, Lubbock County, Texas, being a portion of that 7.67 acre tract described in County Clerk File Number (CCFN) 2021037187, Official Property Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC" (N=7,254,795.84', E=909,976.58) found in the South line of that 2.33 acre tract recorded in CCFN 2021051515, OPRLCT, which bears S.01 °52'23" W. a distance of 365.07 feet, and N. 88°12'36" W. a distance of 58.60 feet from a railroad spike found at the Northeast comer of said Section 26, for the Northeast corner of this tract; THENCE S. 00010'08" W. a distance of 120.66 feet to a 1/2" iron rod with cap'HUGO REED & ASSOC' set for point of intersection; THENCE S. 01052'23" W., 55.00 feet West of and parallel with the East line of said Section 26, a distance of 29.38 feet to a point in the North line of that 4.124 acre tract described in CCFN 2022022769, OPRLCT, for the Southeast corner of this tract; THENCE N. 88012'36" W. along the North line of said 4.124 acre tract, a distance of 10.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for the Southwest comer of this tract; THENCE N. 01 052'23" E. 65.00 feet West and parallel with the East line of said Section 26, Block AK, a distance of 29.25 feet to 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 01057'15" E. a distance of 120.75 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set in the South line of said 2.33 acre tract, for the Northwest corner of this tract; THENCE S. 88012'36" E., along the South line of said 2.33 acre tract, a distance of 6.24 feet to the Point of Beginning. Containing 0.0292 acre (1273 sq. ft.) of land, more or less. Surveyed on the ground, July 22, 2022 UPLAND AVENUE DESIGN PROJECT HUCCO REED 66TH STREET TO 114TH STREET .�(,OF t ST AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 Parcel 56-A - Permanent Easement O PERIMETER SURVEY OF A 0.0292 ACRE PARCEL LOCATED IN �p R RT & OPHO TEXAS LICENSED SURVEYING FIRM 100676.00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 817633,8 Bearings are relative to the Texas Coordinate SystLUBBOCK SECTION 26, BLOCK AK �.D 5167 r COUNTY, TEXAS �Eg$\O North Central Zone, NAD 83 (2011), Epoch Distances and coordinates are surface, U.S. SurCombined Scale Factor. 1.0002485 Robert A. Christopher, Registered Professional Copyright 2020, Hugo Reed and Associates, Inc. Land Surve or No. 5167 State of Texas Upland Avenue Design Project Parcels 56 & 56A Located At the Intersection with 83rd Street, Section 26, Block AK T J`•�srn r `� i L^ �y'' Existing WaDLineEasem(20220531 Existing Drainage �# 1 Easement 1 (2022046972) , 1 1 ' Existing Water line 1 l °' . Easement !' (2022053948) i 1:• • : • '�� UNSU'BDIVIDED. �;;`a � :1 � , 'S.. Air _ r- r:. � •.s•� �� Parcel 56A , t �F Proposed Drainage ,x; t Easement 1 1273 sq ff 6 . r`•• r �. i r lice ra � � � faa r: + � � w1 0� '� � rfi k• w~'aon I raa. P. ooa xis t>� - ewe Ka a" No E 3; bye cad+ Existing Water Line Q Existing Drainage sv_, 51�3 Easement Easement 1 (2022040400) 1 (2022040400) Parcel 56 Proposed Street and Public Use Dedication Deed 2466 sq ff Feet 0 100 200 300 400 500 City of 1' As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes �Lubbocl and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an �� i i r = s on -the -ground survey and represents only the approximate relative location of property boundaries. Digital Orthophotography - May 2021 Project Name Upland Avenue - 66th Street to 82nd Street Project Number 92510 Managing Department Engineering Project Manager Josh Kristinek Project Classification Infrastructure Improvements Project States Approved Project Scope This roadway is designated in the 2018 Master Thoroughfare Plan to become a modified principal arterial. This roadway is currently two lane strip paved. Development and growth in this area has resulted in this roadway exceeding the current capacity of the two lane structure. The first year of this project will fund the Environmental Study and Engineering Schematics for the Upland Avenue Corridor between 66th Street and 114th Street. The proposed second year will fund the Right -of -Way acquisition ahead of the improvements between 66th Street and 82nd Street. The proposed third year will fund the Engineering Design and Construction of a 5-lane roadway section that will include pedestrian elements, drainage, street lighting, and ADA compliance between 66th Street and 82nd Street. Bid Date - Design:7 4.2018 Award Date for Bid - Design:8/23/2018 Project Start Date - Design: 8/23/2018 Project End Date - Design:4/24/2023 Bid Date - Construction:10/2022 Award Date for Bid - Construction: 1 /2023 Project Start Date - Construction: 3/2023 Project End Date - Construction: 10/2024 Project Justification The City of Lubbock continues to strive to meet the transportation needs of the Citizens of Lubbock. The City must continue to anticipate the infrastructure needs for a growing population in order to provide a safe and efficient transportation system. Due to continued development in the area of Upland Avenue, this roadway has become congested and the road structure is requiring constant maintenance in order to safely serve the traveling public. The current construction of the Marsha Sharp Freeway and Upland Avenue intersection by the Texas Department of Transportation will only increase the need for these proposed improvements. This project has MPO participation. Project History $2,470,000 was appropriated in the FY 2017-18 Budget, Ord. No. 2017-00111, October 1, 2017. $448,687 was appropriated in the FY 2018-19 Budget, Ord. No. 2018-00109, October 1, 2018. $3.6 million was appropriated in the FY 2019-20 Budget, Ord. No. 2019-00129, October 1, 2019. $841,624 was appropriated in FY 2019-20 Budget Amendment No. 2, Ord. No. 2019-00146, October 22,2019. Reduced appropriation by $1,000,000 in FY 2019-20, Budget Amendment No. 22, Ord. No. 2020-00059, May 12, 2020. Unappropriated Planning Years Appropriation to Total Projcct Appropriation Detail Date FY 2022-23 FY 2023-24 FY 2024 25 FY 2025-26 FY 2026-27 FY 2027-28 Amount Land Acquisition 448,687 0 0 0 0 0 0 448,687 Construction 3,441,624 0 0 0 0 0 0 3,441,624 Dcsign and Enginccring 1.700,000 0 0 0 0 0 0 1,700,000 Right of Way Acquisition 770,000 0 0 0 0 0 0 770,000 Total Project Appropriation 6,360,311 0 0 0 0 0 0 6,360,311 Capital Project Number: Capital Project Name: City of Lubbock, TX Capital Project February 14, 2023 92510 Upland Avenue 66th Street to 82nd Street Budget Encumbered/Expended Staff Time $29,829 Kimley Horn Contract No. 14034 1,180,000 Kimley Horn Amendment #1 1,373,400 Kimley Horn Amendment #4 351,200 TxDOT Construction Advandce Funding Agreement 948,931 TxDOT Design Advanced Funding Agreement 3,760 ROW Acqusition Parcels 69, 69A, 97, 98, 106 56,318 ROW Acqusition Parcel 70, 71, 108 59,040 ROW Acqusition Parcel 66 21,600 ROW Acqusition Parcel 76, 114, 120 20,712 ROW Acqusition Parcel 72 14,450 ROW Acqusition Parcel 73 3,750 ROW Acqusition Parcel 111 25,918 ROW Acqusition Parcel 112 13,099 ROW Acqusition Parcel 19 29,700 ROW Acqusition Parcel 107 20,190 ROW Acqusition Parcel 110 32,965 ROW Acqusition Parcel 35 49,552 ROW Acqusition Parcel 53 24,725 ROW Acqusition Parcel 54 75,462 ROW Acqusition Parcel 55 & 55A 19,680 ROW Acqusition Parcel 109 & 109A 8,139 ROW Acqusition Parcel 10 26,863 ROW Acqusition Parcel 11 34,185 ROW Acqusition Parcel 67 15,672 ROW Acqusition Parcel 75 258,912 Agenda Item Ferbruary 14, 2023 ROW Acqusition Parcels 56 & 56A 28,043 Encumbered/Expended to Date 4,726,095 Estimated Costs for Remaining Appropriation ROW Acquisition Construction Remaining Appropriation Total Appropriation FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEXAS 02/17a/2023 03:46 PM 2023006310 200,000 1,434,216 1,634,216 $6,360,311