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HomeMy WebLinkAboutOrdinance - 2019-O0008 - Zone Case 2538-E - 01/22/2019First Reading Second Reading January 10,2019 January 22,2019 Item No.7.3 Item No.9.4 ORDINANCE NO.2019-00008 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:ZONE CASE NO.2538-E;A ZONING CHANGE FROM R-l AND C-4 TO R-1A ZONING DISTRICT AT 2602 UPLAND AVENUE, AT THE NORTHWEST CORNER OF 34™STREET AND UPLAND AVENUE, 207 ACRES OF UNPLATTED LAND OUT OF BLOCK AK,SECTION 42,AB 1264 TRACT Dl &TRACT D3,BLOCK AK,SECTION 42,AB 851 TRACT C5 & BLOCK AK,SECTION 42,AB 851 TRACT C5B,LUBBOCK,TEXAS; PROVIDING A PENALTY;PROVIDING A SAVINGS CLAUSE;AND, PROVIDING FOR PUBLICATION. WHEREAS,the proposed changes in zoning as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and,after due consideration,the City Council found that due to changed conditions,it would be expedient and in the interest of the public health, safety and general welfare to make those proposed changes in zoning;and WHEREAS,all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied with,including giving notices in compliance with Section 40.01.005 of the Code of Ordinances,City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon,1990),and notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment,and the public hearing according to said notice,was held in the City Council Chamber of the Municipal Building,Lubbock,Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council determined that it would be in the public interest,due to changed conditions,that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof;NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.2538-E SECTION 1.THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from R-l and C-4 to R-l A zoning district at 2602 Upland Avenue,at the northwest corner of 34th Street and Upland Avenue,207 acres of unplatted land out of Block AK,Section 42,AB 1264 Tract Dl &Tract D3,Block AK,Section 42,AB 851 Tract C5 &Block AK, Section 42, AB 851 Tract C513, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on January 10, 2019 Passed by the City Council on second reading on January 22, 2019 ATTEST: Rebe ca Garza, City Secret ry APPROVED AS TO CONTENT: AJ Fawver, Director of Planning APPROVED AS TO FORM: K 11i Leisure, Assistant City Attorney v w/cityatt/Kel l i/ZoneCase/ZC2538-E December 4, 2018 DANIEL M. POPE, MAYOR Zone Case No.2538-E page -2of2 6310 Genoa Ave. Suite A, Lubbock TX. 79424 Phone:806-687-1569 Fax:806-702-8995 Texas Firm Registration No. 10087500 E-mail: stevenssurvey@hotmail.com norris@stevenssurvey.com A 188.5074 ACRE TRACT IN SECTION 42, BLOCK AK, ABSTRACT NUMBERS 851 & 12649 LUBBOCK COUNTY, TEXAS A 188.5074 acre tract of land located in Section 42, Block AK, Abstract Numbesr 851 and 1264, Lubbock County, Texas, and situated within that certain 198.131 acre tract of land conveyed to Upland Investments, LLC, described in a Warranty Deed recorded in County Clerk's File Number 2006035538 of the Official Public Records of Lubbock County, Texas, said 188.5074 acre tract being further described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with a cap marked "H.R. & Assocs" found in the north line of 34th Street, as described in a Dedication Deed recorded in Volume 3917, Page 293 of the Real Property Records of Lubbock County, Texas, and in the west line of that certain 1.62 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2012034420 of the Official Public Records of Lubbock County, Texas, for the most southerly southeast corner of this tract and having coordinates of Northing: 7,269,270.40 and Easting: 909,435.23, Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence a railroad spike found near the centerline of 34th Street and in the south line of said Section 42 at the southwest corner of said 1.62 acre tract and a corner of said 198.131 acre tract bears S. 01 ° 48' 16" W. a distance of 55.00 feet, and a railroad spike found at the southeast corner of said Section 42 bears S. 01, 48' 16" W. a distance of 55.00 feet and S. 88, 1 P 0 1 " E. a distance of 900.06 feet, said section corner having coordinates of Northing: 7,269,186.92 and Easting: 910,332.89, Texas Coordinate System of 1983 (2011), Texas North Central Zone; THENCE N. 880 1 F 0 1 " W., along the north line of 34th Street, a distance of 424.40 feet to a 1/2" iron rod with a cap marked "H.R. & Assocs" found at the west terminus of said dedication of 34th Street and in the east plat limits of Wilderland Park, Lots 1 through 6, a subdivision in Section 42, Block AK, Lubbock County, Teaxs, according to the map, plat and/or dedication deed thereof recorded in Volume 1679, Page 157 of the Deed Records of Lubbock County, Texas, for a corner of this tract; THENCE N. 010 48' 59" E. a distance of 537.38 feet to a 1/2" iron rod with a cap marked "H.R. & Assocs" found at the northeast corner of the plat limits of said Wilderland Park for a corner of said 198.131 acre tract and this tract; THENCE westerly, along the north plat limits of said Wilderland Park and a curve to the right, same being the north right-of-way line of 32nd Street, an are distance of 216.55 feet, said curve having a radius of 1043.80 feet, a delta of 11 ° 53' 12", a chord distance of 216.16 feet and a chord bearing of S. 85' 52' 23" W., to a 1/2" iron rod with a cap marked "Stevens RPLS 4339" set at a point of tangency for a corner of said 198.131 acre tract and this tract; 1 THENCE N. 880 11' 0 1 " W., along the north line of said Wilderland Park and 32nd Street, a distance of 281.00 feet to a 1/2" iron rod found at a point of curvature for a corner of said 198.131 acre tract and this tract; THENCE westerly, along the north plat limits of said Wilderland Park and a curve to the right, same being the north right-of-way line of 32nd Street, an arc distance of 20.00 feet, said curve having a radius of 1002.19 feet, a delta of 01 ° 08' 37", a chord distance of 20.00 feet and a chord bearing of N. 87' 36' 42" W., to a 1/2" iron rod found at a point of intersection, the northwest corner of the plat limits of said Wilderland Park for a corner of said 198.131 acre tract and this tract; THENCE S. 010 48' 59" W., at a distance of 460.20 feet, pass a 1/2" iron rod with a cap marked "H.R. & Assocs" found in the west line of the plat limits of said Wilderland Park and in the north right-of-way line of 34th Street, as dedicated with the plat of said Wilderland Park, continuing for a total distance of 515.20 feet to a railroad spike found in the south line of said Section 42 near the centerline of 34th Street at the southwest corner of the plat limits of said Wilderland Park for a corner of said 198.131 acre tract and this tract; THENCE N. 880 1 F 01 " W., along the south line of said Section 42, a distance of 1218.86 feet to a railroad spike found near the centerline of 34th Street at the most southerly southwest corner of said 198.131 acre tract and this tract, same being the southeast corner of that certain 12.562 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2007000762 of the Official Public Records of Lubbock County, Texas, and having coordinates of Northing: 7,269,283.87 and Easting: 907,275.83, Texas Coordinate System of 1983 (2011), Texas North Central Zone; THENCE N. 010 57' 00" E., at a distance of 55.00 feet pass a 1/2" iron rod with a cap marked "H.R. & Assocs" found in reference, continuing for a total distance of 894.24 feet to a 1/2" iron rod with a cap marked "H.R. & Assocs" found at the northeast corner of said 12.562 acre tract for a corner of said 198.131 acre tract and this tract; THENCE N. 880 10' 33" W., at a distance of 612.00 feet pass a 1/2" iron rod with a cap marked "H.R. & Assocs" found at the northwest corner of said 12.562 acre tract and the northeast corner of that certain 3.077 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2015003125 of the Official Public Records of Lubbock County, Texas, continuing for a total distance of 761.88 feet to a 1/2" iron rod with a cap marked "H.R. & Assocs" found at the northwest corner of said 3.077 acre tract and in the east line of the plat limits of Alcove Park, Tract "A", an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Plat and Dedication Number 2011012272 of the Official Public Records of Lubbock County, Texas, for the most westerly southwest corner of said 198.131 acre tract and this tract; THENCE N. 010 57' 36" E., along the east lines of said Alcove Park, Tract "A", that certain 10.437 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2009014889 of the Official Public Records of Lubbock County, Texas, and that certain 16.93 acre tract of land described in a Warranty Deed recorded in Volume 8825, Page 153 of the 2 Official Public Records of Lubbock County, Texas, a distance of 1751.28 feet to a 1/2" iron pipe found for the northwest corner of said 198.131 acre tract and this tract; THENCE S. 880 09' 52" E., along the south line of 26th Street, as currently recognized and occupied on the ground, a distance of 595.35 feet to a 1/2" iron rod found at the northwest corner of the plat limits of Garner Addition, Lot 1, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 2678, Page 45 of the Real Property Records of Lubbock County, Texas, for a corner of said 198.131 acre tract and this tract; THENCE S. 010 48' 38" W., at a distance of 32.00 feet pass the south right-of-way line of 26th Street, as dedicated with the plat of said Garner Addition, Lot 1, continuing for a total distance of 160.00 feet to a 1/2" iron rod with a cap marked "Stevens RPLS 4339" set for the southwest corner of said Garner Addition, Lot 1, and a corner of said 198.131 acre tract and this tract; THENCE S. 880 09' 52" E., along the south line of said Garner Addition, Lot 1, a distance of 90.00 feet to a 1/2" iron rod with a cap marked "Stevens RPLS 4339" set under a concrete footing for a fence for an ell corner of that certain 3.0 acre tract of land described as a "Save and Except" tract in a Warranty Deed recorded in Volume 4712, Page 259 of the Real Property Records of Lubbock County, Texas, and a corner of said 198.131 acre tract and this tract; THENCE S. 010 48' 38" W. a distance of 149.15 feet to a 1/2" iron rod found at the most southerly southwest corner of said 3.0 acre tract for a corner of said 198.131 acre tract and this tract; THENCE S. 880 09' 52" E. a distance of 376.00 feet to a 1/2" iron rod found at the southeast corner of said 3.0 acre tract for a corner of said 198.131 acre tract and this tract; THENCE N. 010 49' 00" E. a distance of 309.15. feet to a 1/2" iron rod found at the northeast corner of said 3.0 acre tract for a corner of said 198.131 acre tract and this tract; THENCE S. 880 09' 52" E., along the south line of 26th Street, as currently recognized and occupied on the ground, at a distance of 2701.22 feet pass a 1/2" iron rod with a cap marked "Stevens RPLS 4339" set in reference, continuing for a total distance of 2756.22 feet to a spindle found in the east line of said Section 42 and near the centerline of Upland Avenue at the northeast corner of said 198.131 acre tract and this tract, having coordinates of Northing: 7,271,829.21 and Easting: 910,419.55, Texas Coordinate System of 1983 (2011), Texas North Central Zone; THENCE S. 01 ° 52' 43" W., along the east line of said Section 42, a distance of 934.40 feet to a railroad spike found near the centerline of Upland Avenue at the northeast corner of that certain 1.0 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2006018155 of the Official Public Records of Lubbock County, Texas, for a corner of said 198.131 acre tract and this tract; THENCE N. 880 10' 47" W., at a distance of 55.00 feet pass a 1/2" iron rod with a cap marked "Stevens RPLS 4339" set in reference, continuing for a total distance of 290.40 feet to a 1/2" iron 3 rod with a cap marked "H.R. & Assocs" found at the northwest corner of said 1.0 acre tract for a corner of said 198.131 acre tract and this tract; THENCE S. 010 52' 43" W., along the west line of said 1.0 acre tract and the west line of six small acreage tracts of land, a distance of 1049.95 feet to a 1/2" iron rod with a cap marked "H.R. & Assocs" found at the southwest corner of another 1.0 acre tract of land described in a Warranty Deed recorded in Volume 6961, page 92 of the Real Property Records of Lubbock County, Texas, for a corner of said 198.131 acre tract and the most easterly southeast corner of this tract; THENCE N. 880 10' 47" W. a distance of 310.46 feet to a 1/2" iron rod with a cap marked "Stevens RPLS 4339" set for a corner of this tract; THENCE S. 01 ° 48' 49" W. a distance of 369.67 feet to a 1/2" iron rod with a cap marked "H.R. & Assocs" found at the northeast corner of said 1.62 acre tract for a corner of said 198.131 acre tract and this tract; THENCE N. 880 10' 10" W. a distance of 299.99 feet to a 1/2" iron rod found at the northwest corner of said 1.62 acre tract for a corner of said 198.131 acre tract and this tract; THENCE S. 010 48' 16" W. a distance of 235.44 feet to the Point of Beginning. Bearings and coordinates are based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. The Convergence angle to True North bearings is -01 ° 54' 07". Distances are at surface, in U.S. Survey feet. I, Norris Stevens, Registered Professional Land Surveyor, do hereby certify that this description was prepared from an actual survey of the property and that the information hereon represents the findings of this survey to the best of my knowledge and belief. Surveyed June 12, 2017 Norris Stevens R.P.L.S. 4339 Surveyor's Report: This survey is .subject to any facts that may be disclosed by a full and accurate title search. Found monuments are accepted as controlling evidence due to substantial agreement with record documents. 170504 =r — -------------------- ..------------ ---------------- r r . rr r� r r.� -------'' r r rN�sr.Y 7 vNn01 IW ---------- ---------- ----------------- SURVEY( F A 188.5074 ACRE TRACT OF UNPLATTED LAND LOCATED IN SECTION 42, BLOCK AK, ABSTRACT NUMBERS 851 AND 1264, LUBBOCK COUNTY, TEXAS ANn LOTS 1, 2, 4, 5 & 6 OF WILDERLAND PARK, A SUBDIVISION IN SECTION 42, BLOCK AK, LUBBOCK COUNTY, TEXAS, CONTAINING 3.2525 ACRES OF LAND. (PANP.NT I IL\('T N'nRMNTY NNPI) Rt('flNl IT.1) IN "IN'NTY ('LI:NKY TILP Ns 2-01,,,X (IN rxr.nlxw TIIP CI4}IC'Inl Pllnl il'NP(YIRII\I)I'i1111NIK'K lII11NTY. TP\nvl I'll I Al dT37 F. 1-ENS 3:UR VE YIN ��P}) CO., LLC. 6310 Genoa Ave. Suite A, Lubbock TX. 79424 Phone:806-687-1569 Fax:806-702-8995 Texas Firm Registration No. 10087500 E-mail: stevenssurvey@hotmail.com norris@stevenssurvey.com A 12.5643 ACRE TRACT IN SECTION 42, BLOCK AK, ABSTRACT NO.851, LUBBOCK COUNTY, TEXAS A 12.5643 acre tract of land located in Section 42, Block AK, Abstract Number 851, Lubbock County, Texas, and being that same certain tract of land conveyed to Patti Frullo described as a 12.562 acre tract in a Warranty Deed recorded in County Clerk's File Number 2007000762 of the Official Public Records of Lubbock County, Texas, said 12.5643 acre tract being further described by metes and bounds as follows: BEGINNING at a railroad spike found in the south line of said Section 42 near the centerline of 34th Street, for the southeast corner of this tract, same being the most southerly southwest corner of that certain 198.131 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2006035538 of the Official Public Records of Lubbock County, Texas, and having coordinates of Northing: 7,269,283.87 and Easting: 907,275.83, Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence a railroad spike found at the southeast corner of said Section 42 bears S. 88' 11' 01" E. a distance of 3059.33 feet, said section corner having coordinates of Northing: 7,269,186.92 and Easting: 910,332.89, Texas Coordinate System of 1983 (2011), Texas North Central Zone; THENCE N. 880 11' 01" W., along the south line of said Section 42, a distance of 612.00 feet to a railroad spike found near the centerline of 34th Street for the southwest corner of this tract, same being the southeast corner of that certain 3.077 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2015003125 of the Official Public Records of Lubbock County, Texas; THENCE N. 010 57' 00" E., at a distance of 55.00 feet pass a 1/2" iron rod with a cap marked "H.R. & Assocs" found in reference, continuing for a total distance of 894.33 feet to a 1/2" iron rod with a cap marked "H.R. & Assocs" found in the west portion of the south line of said 198.131 acre tract at the northeast corner of said 3.077 acre tract and the northwest corner of this tract; THENCE S. 880 10' 33" E. a distance of 612.00 feet to a 1/2" iron rod with a cap marked "H.R. & Assocs" found at an ell corner of said 198.131 acre tract for the northeast corner of this tract; THENCE S. 010 57' 00" W., at a distance of 839.24 feet pass a 1/2" iron rod with a cap marked "H.R. & Assocs" found in reference, continuing for a total distance of 894.24 feet to the Point of Beginning. Bearings and coordinates are based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. The Convergence angle to True North bearings is -010 54' 07". Distances are at surface, in U.S. Survey feet. I, Norris Stevens, Registered Professional Land Surveyor, do hereby certify that this description was prepared from an actual survey of the property and that the information hereon represents the findings of this survey to the best of my knowledge and belief. Surveyed June 12, 2017 Norris Stevens R.P.L.S. 4339 Surveyor's Report: This survey is subject to any facts that may be disclosed by a full and accurate title search. Found monuments are accepted as controlling evidence due to substantial agreement with record documents. 170504-12.5643 AC. 2 (18X 5074 ACHE TRACTS'(W I'ET f.1) J'AA1E 1J.I TE MEREWITNI 198. 131 ACRE TRACT CCFN20I/6033538 5_88"10'33"E. 12.5643 ACRE TRACT PARENT DEED: CCPN 2007000762 (PREP: DEED: VOL 4606, PC,, 73) A DUI7'III N'AI. t' fPROI'OSFDI FUTURE _'7Zl(i_Z.Is'e,—ir�nTTr1_1'rri �(tT_n'=1fir�rT.�Idt — — (1),54111 A('RES/N 4/I'R-11-f1'1 -- 34TH STREET (411 NL fV£.LSEAf£N7: CS S"� TID IA}5556 1T8S 505'SVSS � L�FP�Fti 1'10 151 "co lq)< NORTHING' 7,269,283.87 EASTING 907.275 83 POINT OF BEGINNING �(IIF., CC'FV10I/00934lII I`00 TTUl"W. 612.00' 1 i:1C'RE TRA('T - _ _._ _._ I'---'--------- (/)EED NOT h71UN0/ I 4 R9 ACHE TRACT fU£E0NOTFOL'NU) LEGEND: S' C C' H L 0 (' K A K 26 150, IF 75' 300' SCALE' 1" = 150' HEAVY LINES INDICATE LIMITS OF SURVEY. A= FOUND RAILROAD SPIKE (PMRD) W : FOUND 1/P" IRON ROD WITH CAP "H.R 8 ASSOCS" (PMRD). PMRD = PHYSICAL MONUMENT OF RECORD DIGNITY. CCFN = COUNTY CLERK'S FILE NUMBER. P&D = PLAT AND DEDICATION NUMBER. R-0-W = RIGHT - OF - WAY. UE = UTILITY EASEMENT. 3059,33' SOUTHEAST CORNER OF I/ SECTION 42. BLOCK AK NORTHING: 7, 269,186.92 EASTING: 910.332.C9 BOUNDARY SURVEY OF A 12.5643 ACRE TRACT OF LAND IN SECTION 42, BLOCK AK, ABSTRACT NO.851, LUBBOCK COUNTY, TEXAS (PARENT TILACT� WARRAN'TY DEED RECOR I11:0 IN I'I II1V 11I 1 I:RK:S FILE NO 2607MO762 OF TIIF. OFFICIAL PLIHLK' RECORDS I II' I.I'1111111 K CI It'NT1'. TFXAS. AND PREVIOUSLYRFL'OR DBD IN\'OL 1411' Jnua. ICY I i 14 OF TI IF REAL PROPER'I Y RECORDSOF LI IBBOL'K C'OI:NI'l.'IE.XAS) SURVEYOR'S REPORT: THIS PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF THE INDIVIDUAL AND/OR INSTITUTIONS NAMED ON THIS SURVEY. IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR INDIVIDUALS WITHOUT EXPRESSED RECERTIFICATION BY STEVENS SURVEYING CO. THIS PLAT IS THE PROPERTY OF STEVENS SURVEYING CO. REPRODUCTION OF THIS PLAT FOR ANY PURPOSE IS EXPRESSLY FORBIDDEN WITHOUT THE WRITTEN CONSENT OF AN AUTHORIZED AGENT OF STEVENS SURVEYING CO. 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 THIS TRACT. VISIBLE EVIDENCE OF CONDITIONS AFFECTING THIS TRACT IS AS SHOWN ON THIS PLAT MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT "PHYSICAL MONUMENTS OF RECORD DIGNITY" UNLESS SO NOTED. FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983 (2011). TEXAS NORTH CENTRAL ZONE. THE CONVERGENCE ANGLE TO TRUE NORTH IS -01' 54' Or COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983 (2011), TEXAS NORTH CENTRAL ZONE. DISTANCES ARE AT SURFACE, IN U.S. SURVEY FEET. THIS PLAT INVALID UNLESS IT BEARS SURVEYORS ORIGINAL SIGNATURE AND EMBOSSED SEAL. DESCRIPTION' A 12. S643 ACRE TRACT OF LAND LOCATED IN SECTION 42. BLOCK AK, ABSTRACT NUMBER 851. LUBBOCK COUNTY, TEXAS. AND BEING THAT SAME CERTAIN TRACT OF LAND CONVEYED TO PATTI FRULLO DESCRIBED AS A 12.562 ACRE TRACT IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2007000762 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS, SAID 12.5643 ACRE TRACT BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A RAILROAD SPIKE FOUND IN THE SOUTH LINE OF SAID SECTION 42 NEAR THE CENTERLINE 34TH STREET. FOR THE SOUTHEAST CORNER OF THIS TRACT, SAME BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF THAT CERTAIN 198.131 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2006035538 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS, AND HAVING COORDINATES OF NORTHING: 7.269,28387 AND EASTING'. 907.275.83. TEXAS COORDINATE SYSTEM OF 1983 (2011), TEXAS NORTH CENTRAL ZONE. WHENCE A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 42 BEARS S. BB" 11' 01- E. A DISTANCE OF 3059.33 FEET, SAID SECTION CORNER HAVING COORDINATES OF NORTHING, 7,269,186.92 AND EASTING 910.332.89, TEXAS COORDINATE SYSTEM OF 1983 (2011). TEXAS NORTH CENTRAL ZONE. THENCE N 8W 11' 01" W , ALONG THE SOUTH LINE OF SAID SECTION 42. A DISTANCE OF 612.DO FEET TO A RAILROAD SPIKE FOUND NEAR THE CENTERLINE OF 34TH STREET FOR THE SOUTHWEST CORNER OF THIS TRACT. SAME BEING THE SOUTHEAST CORNER OF THAT CERTAIN 3.077 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2015003125 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS; THENCE N. 01' 57' 00" E.. AT A DISTANCE OF 55.00 FEET PASS A 1/2" IRON ROD WITH A CAP MARKED "H.R. 8 ASSOCS" FOUND IN REFERENCE, CONTINUING FOR A TOTAL DISTANCE OF 894.33 FEET TO A 1/2" IRON ROD WITH A CAP MARKED "H.W 8 ASSOCS" FOUND IN THE WEST PORTION OF SAID 198.131 ACRE TRACT AT THE NORTHEAST CORNER OF SAID 3.077 ACRE TRACT AND THE NORTHWEST CORNER OF THIS TRACT; THENCE S. 88" 10' 33" E A DISTANCE OF 612.00 FEET TO A 112" IRON ROD WITH A CAP MARKED "H.R. 8 ASSOCS" FOUND AT AN ELL CORNER OF SAID 198.131 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S. 01" 5T 00" E. AT A DISTANCE OF 839.24 FEET PASS A 1/2" IRON ROD WITH A CAP MARKED "H.R. R ASSOCS" FOUND IN REFERENCE. CONTINUING FOR A TOTAL DISTANCE OF 894.24 FEET TO THE POINT OF BEGINNING BEARINGS AND COORDINATES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983 (2011). TEXAS NORTH CENTRAL ZONE. THE CONVERGENCE ANGLE TO TRUE NORTH BEARINGS IS -OV SW OP DISTANCES ARE AT SURFACE. IN U.S. SURVEY FEET. I. NORRIS STEVENS, REGISTERED PROFESSIONAL LAND SURVEYOR. DO HEREBY CERTIFY TO TITLE ONE, GF NO, 170010. AND BETENBOUGH HOMES, INC THIS PLAT AND DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEY (ENDING)' JUNE 12.2017 NORRIS STEVENS R.P.L.S. 4339