HomeMy WebLinkAboutResolution - 2023-R0252 - Special Warranty Deed, 3.991 acres, Section 31, Block AK, South Plains Electric Co-op.2a�
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Resolution No. 2023-R0252
2023020198WW 12 PGS LL RESlO�LItem No. 5.14 n
May 23, 2023 ill hYii RY� n ��i�� �111•Y �I !�iRt��
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 and
execute for and on behalf of the City of Lubbock, a Special Warranty Deed associated with
certain property in Lubbock County, Texas, owned by South Plains Electric Cooperative,
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 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
AT EST:
— Jh�k' f �
Courtney Paz, dity Sec ary
APPROVED AS TO CONTENT:
a �
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
Amy ims, Deputy City Attorney
RES.General Warranty Deed — SPEC
4.28.23
May 23, 2023
Resolution No. 2023-RO252
After recording return to: Bigbee & Curtis, LLP, P.O. Box 53068, Lubbock, Texas 79453
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL 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.
SPECIAL WARRANTY DEED
Date: Ma" 210 20113
Grantor: South Plains Electric Cooperative, Inc., a Texas Nonprofit Corporation
Grantor's Mailing Address (including county):
P.O. Box 1830
Lubbock, Lubbock County, Texas 79408-1830
Grantee: City of Lubbock, Texas, a Home Rule Municipal Corporation
Grantee's Mailing Address (including county):
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457-0001
Consideration:
For and in consideration of the sum of TEN AND NO/ 100`h DOLLARS ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged.
Property (including any improvements):
Metes and Bounds Description of a 3.991 acre parcel located in Section 31,
Block AK, Lubbock County, Texas, being a portion of 14.74 acres
described in Volume 7591, Page 218, Official Public Records, Lubbock
County, Texas (OPRLCT), being further described as follows:
BEGINNING at a '/2" iron rod with yellow cap marked "HUGO REED &
ASSOC" set (N=7,259,911.25', E=909,298.30') in the common line of said
14.74 acre tract and a 45.113 acre tract described in County Clerk File
Number (CCFN) 2008031828, OPRLCT, which bears N. 88' 09' 27" W. a
distance of 900.00 feet and S. 01 ° 49' 59" W. a distance of 554.03 feet from
a railroad spike found at the Northeast corner of said Section 31, Block AK,
for the most Northern Northwest corner of this tract;
THENCE S. 430 10' 04" E. a distance of 49.50 feet to a ''/z" iron rod with
yellow cap marked "HUGO REED & ASSOC" set for a point of
intersection for this parcel;
THENCE S. 880 10' 04" E. a distance of 199.56 feet to a %" iron rod with
yellow cap marked "Hugo Reed &Assoc" set for the most Northerly
Northwest corner of this parcel;
THENCE S. 340 15' 03" E. a distance of 118.04 feet pass a''/2" iron rod with
cap found at the Northwest corner of a 0.597 acre tract described in CCFN
2009040534, OPRLCT, continuing along the common line of said 0.597
acre tract and said 14.74 acre tract for a total distance of 378.04 feet to a %2"
iron rod with cap found at the Southwest corner of said 0.597 acre tract and
in the Northern line of the Lubbock and Western Railroad tract described in
Volume 5007, Page 207, Real Property Records, Lubbock County, Texas,
for the most Easterly Southeast corner of this parcel;
THENCE S. 550 42' 25" W. along the common line of said Railroad tract
and said 14.74 acre tract for a distance of 210.61 feet to a %2" iron rod with
yellow cap marked "HUGO REED & ASSOC" set at a point of intersection
for said Railroad tract and for a point of intersection of this parcel;
THENCE N. 340 23' 00" W. continuing along the said common line of said
14.74 acre tract and said Railroad tract a distance of 25.13 feet to a''/s" iron
rod with cap found at a point of intersection for this parcel;
THENCE S. 550 44' 16" W. continuing along said common line of said
14.74 acre tract and said Railroad tract a distance of 336.91 feet to a''/2" iron
rod found at the most Southerly Southwest comer of said 14.74 acre tract
and at the most Northerly Southeast corner of said 45.113 acre tract, for the
most Southern Southwest corner of this tract;
THENCE N. 010 49' 56" E. along the common line of said 14.74 acre tract
and said 45.13 acre tract a distance of 642.89 feet to the Point of Beginning.
Containing 3.991 acres (173,840 sq. ft.) of land, more or less.
herein referred to as the "Property" which is depicted as Exhibit A, attached
hereto, and made a part hereof.
Reservations from Conveyance: None.
Exceptions to Conveyance and Warranty:
Liens, if any, described as part of the Consideration and any other liens described in
this Deed as being either assumed or subject to which title is taken; validly existing easements,
rights -of -way and prescriptive rights, whether of record or not; all presently recorded and
validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral
interests and water interests outstanding in persons other than Grantor, and other
instruments, other than conveyances of the surface fee estate, that affect the Property; validly
existing rights of adjoining owners in any walls and fences situated on a common boundary;
any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or
overlapping of improvements; all rights, obligations and other matters arising from and
existing by reason of Lubbock County authority; and taxes for 2023 to present, which Grantee
assumes and agrees to pay, and subsequent assessments for that and prior years due to change
in land usage, ownership or both, the payment of which Grantee assumes.
Grantor, for the consideration and subject to the Reservations From and 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 wise belonging, to have
and to hold it to Grantee, Grantee's heirs, executors, administrators, successors or assigns
forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators and
successors to warrant and forever defend all and singular the property to Grantee and
Grantee's heirs, executors, administrators, successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
Reservations From and Exceptions to Warranty, when the claim is by, through or under
Grantor, but not otherwise.
When the context requires, singular nouns and pronouns include the plural.
This document may be executed in several counterparts, each of which will be
considered an original for conveyance purposes.
GRANTOR — SOUTH PLAINS
ELECTRIC COOPERATIVE, INC., A
TEXAS NONPROFIT CORPORATION
By:
Printed Name:
Title:
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the 'Al day of 'rn8�cl.
20 23 , by Dake Amced [printed name], as QA0 /k211ag!c
[title] of South Plains Electric Cooperative, Inc., a Texas nonprofit corporatior�� n
JAMEY L. PHILLIPS
/\
'r°;P e4,,%Notary
Public. State of Texas
..-
ew'F Comm Expires04-27-2025
NOTAfJUBLIC,
WATE OF
OF
Notary ID 10021 157
LOCATION MAP
Nor To SCALE
DESCRIPTION FOR PARCEL 75-A
METES AND BOUNDS DESCRIPTION ofa 3-991 acre parcel located in
Section 31. Block AK, Lubbock County, Texas, being a portion of 14.74 acres
described in Volume 7591, Page 218. Official Public Records, Lubbock
County, Texas (OPRLCT), being further described as follows:
BEGINNING at a lit" iron rod with yellow cap marked'HUGO REED &
ASSOC' set (N=7,259,91 L25', E-909,298.301) in the common line of said
14.74 acre tract and a 45.113 acre tract described in County Clerk File Number
(CCFN) 2008031828, OPRLCT, which bears N. 88" 09' 27" W. a distance of
900.00 feet and S. 01 x 49' 59" W. a distance of 554.03 feet from a railroad
spike found at the Northeast comer of said Section 31, Block AK, for the
most Nonhem Northwest corner of this tract;
THENCE S. 43" 10' 04" E. a distance of49.50 feet to a 112" iron rod with
yellow cap marked "HUGO REED & ASSOC" set for a point of intersection
for this parcel;
TIIENCE S. 88" 10' 04" E. a distance of 199.56 feet to a 1/2" iron rod with yellow cap marked "IiUGO REED & ASSOC"
set for the most Northerly Northwest comer of this parcel:
THENCE S. 34" 15' 03" E. a distance of 118.04 feet pass a 1/2" iron rod with cap found at the Northwest comer of a 0.597
acre tract described in CCFN 2009040534, OPRLCT, continuing along the common line of said 0.597 acre tract and said
14.74 acre tract for a total distance of 378.04 feet to a 1/2" iron rod with cap found in at the Southwest comer of said 0.597
acre tract and in the Northern line of the Lubbock and Western Railroad tract described in Volume 5007, Page 207. Real
Property Records, Lubbock County, Texas, for the most Easterly Southeast comer of this parcel;
THENCE S. 55' 42' 25" W. along the common line of said Railroad tract and said 14.74 acre tract for a distance of 210.61
feet to a 112" iron rod with yellow cap marked "HUGO REED & ASSOC" set at a point of intersection for said Railroad
(met and for a point of intersection of this parcel;
THENCE N. 34" 23' 00" W. continuing along the said common line of said 14-74 acre tract and said Railroad tract a
distance of 25.13 feet to a 112" iron rod with cap found at a point of intersection for this parcel;
THENCE S. 55' 44' 16" W- continuing along said common line of said 14-74 acre tract and said Railroad tract a distance
of 336.91 feet to a 112" iron rod found at the most Southerly Southwest corner of said 14.74 acre tract and at the most
Northerly Southeast corner of said 45-113 acre tract, for the most Southern Southwest comer of this tract;
THENCE N. 01 ° 49' 56" E. along the common line of said 14.74 acre tract and said 45.13 acre tract a distance of 642-89
feet to the Point of Beginning- Containing 3.991 acres (173,840 sq- R.) of land, more or less.
NOTE:
This parcel is subject to an 20 fool Underground Natural Gas Pipeline casement that this surveyor is unable to locate as
described in Volume 1224, Page 285, Deed Records, Lubbock County, Texas Recorded or unrecorded documents other
than those shown on this survey may exist and encumber this property.
Line Table
Line N
Length
Direction
LI
4950'
S43'101WE
LS
2513'
N34°23'00'W
/
/ X
�5� / Y
/
/
/
/
00 is �- �� / o
� c V
LEGEND:
Parcel75-A
PERIMETER SURVEYOFA
66THSTREETCHANNEL
DRAINAGE IMPROVEMENTS PROJECT
E OF %
F
A"P �otsTeRF f
r y
H t/t
Ircanngs are m1ahcuiral a In the TexAD 8 C 201 1 natc Sysuch 20l 0. 1983'
VonhCrnUal%onc.NAD83(2011pEpuch201U.0
Dlstancetandcoordinatesamsurface.USSury feet.
�'
HUGO REED
AND ASSOCIATES, INC.
suxvF.reDPRtx rxty
1UTALENT nt01San
RImROF.wnr
ensEsuvr
3.991 ACRE PARCEL LOCATED IN
FROM PLAYA 100 TO PLAYA 039A
Combined Scale Factor 10002485SFT
_
Ili'ROD"CAP
SECTION 31, BLOCK AK
Q. ry IC'ROD",CAP
LUBBOCKCOUNTY,TEXAS
Surveyed onihvgroundJune12.2020
p Folr,wosRooLANDSURVEVORS
1fi01AVENUEN
CIVIL ENGINEERS LUBBOCK TEXAS79401John
W
POD r'nl\TOYIIFLI\�I�I,
E. All m. Registered ate ofTenal land Survtyor Nu.5695Co
State ofTcsas
resns xEGKIExED ENf#EANGiWI ,f lq PHONE X 80617�J3891
LL BB COLNTY CIFRK %S \USIaFR
UxBOI'K couHry rFa �s
ht 2020. Ilo o Reed! and Associates, Inc PageI of I
PYDB b B
Resolution No. 2023-RO252
CONCURRENCE LETTER
FOR
66TH STREET CHANNEL DRAINAGE IMPROVEMENTS PROJECT
AND CSJ: 0905-06-095 UPLAND AVENUE PROJECT
Date: arch 2-1, 2023
Parcel No: 75-A, as further depicted and described on Exhibit A, attached hereto and
made a part hereof (the "Property")
Owner: South Plains Electric Cooperative, Inc., a Texas Nonprofit Corporation
("SPEC")
4727 South Loop 289, Suite 200
Lubbock, Texas 79424
Document Type: Special Warranty Deed
Consideration: $19,950.00, subject to final approval by the City of Lubbock's City Council
and further subject to approval of title.
Special Provisions: (1) During construction of the 66th Street Project (defined herein
below), the City of Lubbock (the "City") will excavate materials from
within the limits of the Property and have those excavated materials tested
by an independent third party (such independent third party to be selected
by the City) to determine if such materials meet the requirements of the City
of Lubbock's Code of Ordinances (the "Code"), including but not limited
to Chapter 38.07, in addition to the approved plans for the 66th Street
Channel Drainage Improvements Project from Playa 100 to Playa 039A (the
"66th Street Project"). The City hereby agrees that the City will place the
excavated material that such independent third party determines meets the
requirements of the Code and the approved plans for Project onto the 14.74
acres located in Section 31, Block AK, Lubbock County, Texas described
in Volume 7591, Page 218, Official Public Records, Lubbock County,
Texas (OPRLCT), less the Property, owned by SPEC (the "Remainder").
Notwithstanding anything contained herein to the contrary, SPEC hereby
acknowledges and understands the City is under no obligation to, and will
not, place any excavated material from the Property onto the Remainder that
the independent third party determines does not meet the requirements of
the Code and the approved plans for the Project. SPEC acknowledges and
understands that the City is not guaranteeing that the materials excavated
from the Property will meet the requirements of the Code and the approved
plans for the Project. SPEC further acknowledges and understands that the
City will make no effort, and is under no obligation, to compact or level any
excavated materials, whether such excavated materials are found to meet
the requirements of the Code and the approved plans for the Project, from
the Property that are to be placed onto the Remainder.
(2) To the extent allowed by applicable law, the City hereby waives its
right to reclaim any portion of the Property and assigns and transfers all of
the playa lake reclamation area attributable to the Property, as defined by
the Code, including but not limited to Chapter 38.07, to the Remainder.
SPEC acknowledges and understands the City is under no obligation to
participate or bear any expenses related to any future playa lake reclamation
for the Remainder. Any future playa lake reclamation for the Remainder
shall meet the requirements of the Code, including but not limited to
Chapter 38.07.
(3) The City hereby waives its right to collect adjacent main fees at the
time of platting for any water lines that may exist adjacent to the Remainder.
(4) During construction of the Upland Avenue Project (defined herein
below), the City shall construct the intersection of 671h Street and Upland
Avenue with a 40-foot throat width measured from face -of -curb to face -of -
curb at westernmost points of curvature of the intersection, which is wider
than the drive currently shown on the approved plans for CSJ: 0905-06-095
Upland Avenue 755 ft North of 66th Street to 130 ft South of 82nd Street
(the "Upland Avenue Project").
(5) Unless expressly agreed to in writing by SPEC and the City, the
obligations under this Concurrence Letter shall survive the closing, and
transfer, of the Property and shall not be merged into any warranty deed
from SPEC to the City relating to the Property.
Owner confirms receipt of the following:
I . Copy of The State of Texas Landowner's Bill of Rights;
2. Right of Entry Agreement signed by Owner;
3. Notice of Intent to Acquire Real Property letter from Hugo Reed &
Associates, Inc., including copy of U.S. Department of Transportation's
Publication FHWA-HEP-19-010;
4. Initial Offer Letter from Hugo Reed & Associates, Inc.;
5. Appraisal Report for Parcel No. 75-A by Tommy Cantrell Appraisal
Company; and
6. Survey Plat and Legal Description of Parcel No. 75-A by Hugo Reed &
Associates, Inc.
Closing Agent: Western Title Company
4202 84th Street
Lubbock, Texas 79423
Concurrence: South Plains Electric Cooperative, Inc., a Texas
Nonprofit Corporation
By: _ �/7
Printed Namc: 114
Titic: 4� A
City of Lubbock, Texas, a Home Rule Municipal
Corporation
By: zu-� Z"ILV-4-�
Printed Name: _ �k'c..1 4j v w6 _
Title: Ca -�-� the• K.�,�,r
N I DESCRIPTION FOR PARCEL 75-A
PAREfTTRACr METES AND BOUNDS DESCRIPTION ofa 3 "1 acre parcel located in
14.74 Acre, Section 31. Block AK. Lubbock County. Texas. being a portion of 14.74 achy
ti described in Volume 7591. Page'_ I N. Official Public Records. Lubbock
County. Texas (OPRLCT). being further described as follows:
BEGINNING at a 1/2- iron rod with yellow cap marked'HUGO REED &
/ 1 ASSOC set (N-7.250 911.25'. E=909.298.30') in the common line of said
�P 14.74 acre tract and a 45 113 acrc tract described in County Clerk File Number
(CCFN12008031828.OPRLCf, which bean N. 88° 09' 27" W. a distance of
cp" 900.00 feet and S. 01 a 49' 59" W. a distance of 554 03 feet from a railroad
spike found at the Northeast comer of said Section 31. Block AK. for the
most Nonhem Northwest comer of this tract.
LOCATION MAP THENCE S. 43' IV 04' E. a distance of 49.50 feet to a 112" iron rod with
NOT TO SCAI.E yellow cap marked "HUGO REED & ASSOC" set for a point of intersection
for this parcel.
THENCE S. 88" 10' 04" F. a distance of 199 56 feet to a 12" iron rod with yellow cup marked "NUGO REED & ASSOC"
set for the most Northerly Northwest comer of this parcel;
THENCE S. 34° 15' 03" E. a distance of 118.04 fin pass a 12' iron rod with cap found at the Northwest comer of a 0.597
acre tract described in CCF ' 2009040534. OPRLCf, continuing along the common line of said 0.597 acrc tract and said
14.74 acre tract for a total distance of 378.04 feet to a I!2' iron rod with cap found in at the Southwest comer of said 0.597
acre tract and in the Northern line of the Lubbock and Westem Railroad tract described in Volume 5007. Page 207. Real
Property Records. Lubbock County. Teas. for the most Easterly Southeast comer of this parcel:
THENCE S. 55' 42' 25" W- along the common line of said Railroad tract and said 14.74 acre tract for a distance of 210.61
feet to a 12" iron rod with yellow cap marked "HUGO REED & ASSOC' scl at a point of intersection for said Railroad
tract and for a point of intersection of this parcel;
THENCE N. 34° 23' 00" W. continuing along the said common line of said 14.74 acre tract and said Radruad tact a
distance of 23.13 feet to a 1 /2" iron rod with cap found at a point of intersection for this parcel:
TIIENCE S. 55° 44' 16" W. continuing along said common line of said 14.74 acre tract and said Railroad tract a distance
of 336.91 feet to a 1 f2" iron rod found at the most Southerly Southwest comer of said 14.74 acre tract and at the most
Northerly Soutbeaist comer of said 45.113 acre tract. for the most Southern Southwest comer of this tract;
THENCE N. 014 49' S6" E along the common line of said 14.74 acre tract and said 45.13 acre tract a distance of 642.89
feet to the Point of Beginning Containing 3 "1 acres (173.940 sq. ft.) of land. more or less.
NOTE:
This parcel is subject to an 20 foot Underground Natural Gas Pipeline easement that this surveyor is unable to locate as
descnbed in Volume 1224. Page 285. Deed Records. Lubbock County. Texas Recorded or unrecorded documents other
than those shown on this survey may exist and encumber this property.
Line Table
Lax N
Length
Drbcnm
LI
49.31Y
S43' IV WE
LS
25:3'
10-r 23, Orr%
/
/
11ty6
944 'Z
yg5 p11 / /
VF go
/ 41 P�
t
/
/
/
/ x'At.E
LEGEND:
OFT�
Parcel75-A
66THSTREET CHANNEL
tP�;,tsrry� j
8pnnpfYCrctaUVetodwTimoCoribnowSyJnnof1991,
�oncenlnlL.le.NADa3tmtlLEPu.n2oloo
HUGS REED
umvi"Fulm'"An
�°'' Wietan
PERIMETER SURVEY OFA
DRANAGEIMPROVE161ENTSPROJECT
y i �7N
oc.lancevane;uoiduwoaateuvface.ussxs ren
ANO ASSOCIATES. INC.
-•-- Axatr(A.YA\
3."1 ACRE PARCEL LOCATED IN
FROM PLAYA 100 TO PLAYA 039A
IOIW E A
Cntnhincd scale Factor I Ora124at
-
SECTION 31, BLOCK AK
t•s
' "r"` "�""'
LUBBOCK COUNTY. TEXAS
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Sungcd un th. ywnl June 12.2020
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LAND SURVEYORS 1601AVENUE N
CIVIL ENGINEERS LUBBOCK TEXAS ?W t
rewuiaoco ■an�r.a raw I`44N PHONE .000, 76136a7
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FOR wx1T'*6IG111w;
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Julia E. Allen Rciuteral Pmfeu�orul Laid Surveyor Yu S995
Suic of'renas
C'opynot 2020. Outgo Reed and Aacciatm Inc. Pate l of 1
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FILED AND RECORD
OF`F�IoCpIAL PUBLIC RECORDS RECORDED
0
Kelly Pinion, County Clerk Lubbock County TEXYS
06/01/2023 04:28 PM
FEE: $66.00
2023020198