HomeMy WebLinkAboutResolution - 2023-R0429 - Street/Public Use Dedication Deed, Section 26, Block AK, CC File No. 2016011116 - 09/12/2023Resolution No. 2023-R0429
Item No. 5.22
September 12, 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 in connection with
certain real property located in Section 26, Block AK, Lubbock County, Texas, as described
under County Clerk File Number 2016011116 of the Official Public Records of Lubbock
County, Texas, to be utilized for street, curb, gutter, sidewalk, drainage right-of-way, public
utilities and other public purposes, and all related documents. Said Street and Public Use
Dedication Deed is 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 September 12, 2023
TRA AY , OR
ATTEST:
Co ney Paz, City retary
APPROVED AS TO CONTENT:
��� �
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
A ims, Deputy City Attorney
RES.Dedication Deed- Section 26, E31ock AK- 98`h St
Resolution No. 2023-R0429
STREET AND PUBLIC USE DEDICATION DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT SOUTH PLAINS ELECTRIC COOPERATIVE, INC., a Texas Nonprofit
Corporation, herein called "Grantor," for and in consideration of the sum of TEN AND NOI100
DOLLARS ($10.00) and other good and valuable consideration, to it in hand 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 IIAVE AND TO HOLD this above-described premises, together with all 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 Z��-- _ day of �� 2023.
TH� STATE OF TEXAS
COUNTY OF LUBBOCK
,
By:
Printed Name 'Dalc (� nc��
Title: �,�ccuhve ViP r 6cne� /naseqe�
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally (�ak �ric.e.l� , in his/her capasity as E�u�h� �e ��n� (��v
of SOUTH PLAINS ELECTRIC COOPERATIVE, INC., a Texas Nonprofit Corporarion,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that s/he executed the same for the purposes and consideration therein
expressed.
GNEN LJNDER MY HAND AND SEAL OF OFFICE on the Z� day
T� 2023.
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Exhibit A
/3.730 ACRE PARENT TRACT
SOUTHfLMYS fLECTRIC CAp�ANC
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0.3346 Acre Tract ss'�rc�ir-a�-war
14,575 Sq. FL
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575-B 566-B 565-B
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LEGEND:
•SURVBYEDPROPERTY
- - •ADJACEM'PROPERTY
• RIGHT-OF-WAY
----- •EASBMENT
Q- SEI' I/2" ROD w/CAP'HRA"
� - FD. I/2" ROD w/CAP "WSCI"
CCFN- CbUNTY CLERK F7L8 NUMBER,
LUBBUCK COUNCY,'IB7(AS
Revised: Mazch 27, 2023 (to add scale)
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I 566-A � �` 565-A I I 556-A I� �`
WlIIIOSTONE A T UPLAND
(CQ�N.� 20/90039621
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SCALE: 1 "=100'
98TH STREET DESIGN PROJECT
UPLAND AVE. TO ALCOVE AVE.
Parce148 - Permanent Easement
PERIMETER SURVLY OF A
0.3346 ACRE PARCEL LOCATED IN
SECTION 26, BLOCK AK
LUBBOCK COUNTY, TEXAS
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, I CYRIL HOWARD TURNER
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-C/ipFFC•,�� :
:;ynl H. Tumer, lteg[stered YroYessional Survcycd on thc ground
Land Surve�or No. 6460 State of Texss MRrch 20 202Z
Note: No abstract of titic or titic commitmcnt was providcd to
this surveyor. Record research done by this surveyor was made
only for the pucpose of determining the boundary of this
propetty and of the adjoining parcels. Recorded or unrecorded
documents other than those shown on this survey may exist and
cncumbcr this property.
HUGO REED
AND ASSOCIATES, INC.
LAND SURVEYORS 1801 AVENUE N
CIVIL ENGINEERS �ussocK, rEw►s �sao�
TEXAS LICENSED SURVEYING FIRM 100878-00 PHONE: 806 / 763-5642
TEXAS REGISTERED F.NGINFF.RING fIRM F-760 FAX: 8061783-3891
Bearings arc relative to the Texas Coordinate System of 1983,
North Central Zone, NAD S3 (2011), Gpoch 2010.0
Distances and coordinates are surface, U.S. Survey feet.
Combincd Scalc Factor: I .0002485
Copyright 2023, Hugo Reed and Associates, Inc. Pagc 1 of 2
DESCRIPTION FOR PARCEL 48
METES AND BOLJNDS DESCRIPTION of a 0.3346 acre tract, being a portion of a 13.730 acre tract located in Section
26, Block AK, Lubbock County, Tcxas, described under County Clerk File No. 2016011116 of the Official Public Records
of Lubbock County, Texas, said 0.3346 acre tract being further described as follows:
BEGINNING at a 1/2" iron rod with cap marked "HRA" set (N=7249913.1', E=908786.2') in the South line of said Section
26, which bears N. 88° 10'06" W. a distance of 1,088.75 feet from the Southeast corner of said Section 26, Block AK,
Lubbock County, Texas;
THENCE N. 88°10'06" W., along the South line of said Section 26, a distance of 265.00 feet to a 1/2" iron rod with cap
marked "HRA" set for the Southwest comer of this tract;
THENCE N. O1°52'48" E. a distance of 55.00 feet to a 1/2" iron rod with cap marked "WSCI" found at the Southeast
comer of Lot 101, Regency Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat
and/or dcdication deed thereof recorded in Volume 5396, Page 95, Official Real Property Records of Lubbock County,
Texas, and the Northwest corner of this tract;
THENCE S. 88° 10'06" E, a distance of 265.00 feet to a L/2" iron rod with cap marked "HRA" set at the Southwest corner
of Tract "A", Upland Heights, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat
and/or dedication deed thereof recorded under County Clerk File No. 2018033490 of the Official Public Records of
Lubbock County, Texas, for the Northeast corner of this tract;
THENCE S. O 1�52'48" W. a distance of 55.00 feet to the Point of Beginning.
Contains: 0.3346 acres (14,575 sq. ft.) of land more or less.
Bearings are relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0).
Distances and coordinates are Surface, U.S. Survey Feel. CSF = 1.0002485
TITLE COMMITMENT
No abstracl of litle or tille commitment was provided to this surveyor. Record research done by this surveyor was
made only for the purpose of determining the boundary of this property and of the adjoining parcels. Record documents
other than those shown on this survey may exist and encumber this property.
Revised: March 27, 2023 (pazcel name, add scale to page l)
98TH STREET DESIGN PROJECT
UPLAND AVE. TO ALCOVE AVE.
Parce148 - Permanent Easement
PERIMETER SURV�Y OF A
0.3346 ACRE PARCEL LOCATED IN
SECTION 26, BLOCK AK
LUBBOCK COUNTY, TEXAS
Land Surve�or No. 6460 State of Texas
SG�•••OF •• F�
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CYRIL HOWARD TURNER
6460 �at-�i{�
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Surveyed on the ground
March 20. 2023
HUGO REED
AND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS �ussocK, TEXAS 79401
TEXAS IICENSED SURVEYING FlRM 100878-00 PHONE: 806 / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F-T80 FAX: 806 / 763-3891
Bearings arc relative to the Texas C:oordinate System of 1983,
North Central "Lone, NAD 83 (2011), Epoch 2010.0
Distaaces and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.0002485
Copyright 2023, Hugo Reed and Associates, Inc. Page 2 of 2
98`h STREET (UPLAND AVENUE TO ALCOVE) PROJECT
(Owner Acknowledgment)
Date:
Parcel No:
��� Zoti3 . --.
48
Abbreviated Legal Description: A 0.3346 acre tract of land, being a portion of a 13.373 acre tract
located in Section 26, Block AK, Lubbock County, Texas, described under
County Clerk File Number (CCFN) 2016011116 of the Official Public
Records of Lubbock County, Texas (OPRLCT)
Owner:
Current Lienholder:
Tenant:
Document Type:
Consideration:
SOUTH PLAINS ELECTRIC COOPERATIVE, INC., a Texas Electric
Cooperative Corporation
Dale Ancell, Executive Vice President and General Manager
4727 S. Loop 289, Suite 200
Lubbock, Texas 79424
(806) 775-7854—lamey Phillips (office)
jphillips@SPEC.coop - email
National Rural Utilities Cooperative Finance Corporation
None
Street & Public Use Dedication Deed
$103,599.00 total consideration subject to final approval by the City of
Lubbock's City Council and further subject to approval of title.
Owner confirms receipt of the following:
1, Copy of The State of Texas Landowner's Bill of Rights;
2. Right of Entry Agreement signed by Owner;
3. Initial Offer letter dated June 16, 2023 from BIGBEE & CURTIS, LLP,
representing the City of Lubbock;
4. Appraisal Report and Review Appraisal for Parcel No. 48 by Atrium Real
Estate Services; and
5. Survey Plat and Legal Description of Parcel No. 48 by Hugo Reed &
Associates, Inc.
Page 1 of 2
Closing Agent: Lubbock Abstract & Title Company
1216 Texas Avenue
Lubbock, Texas 79401
Concurrence:
By: Dale Ancell, ecu ' e Vice Pr sident and
General Manager
Page 2 of 2
PARTIAL RELEASE
PARTIAL RELEASE, dated as of the Z��'` day of � sE , 20 �,
made by NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORP ATION (hereinafter
called "CFC"), to SOUTH PLAINS ELECTRIC COOPERATIVE, INC., a Texas corporation
(hereinafter called the "Corporation");
WHEREAS, the Corporation, to evidence loans made to the Corporation by CFC, has
executed certain mortgage notes (hereinafter collectively called the "Notes"), all payable to the
order of CFC; and
WHEREAS, the Corporation, to secure the Notes, has executed and delivered the following
instruments to CFC (hereinafter collectively called the "Security Instruments"):
Instrument Dated as of
Restated Mortgage and Securlty Agreement September 21, 2021
WHEREAS, the indebtedness evidenced by the Notes is the only indebtedness as of the
date hereof secured by the Security Instruments; and
WHEREAS, the Corporation has requested that certain property hereinafter described be
released from the liens of the Security Instruments;
NOW, THEREFORE, THESE PRESENTS WITNESSETH that, in consideration of the sum
of One Dollar in hand paid by the Corporation to CFC at the time of the delivery of these presents,
the receipt whereof is hereby acknowledged, CFC does hereby release and discharge unto the
Corporation, its successors and assigns, all right, title, interest, claim or demand whatsoever which
CFC may have acquired by or through the Security Instruments, or any of them, in and to the
following described property, and does hereby quitclaim said property unto the Corporation, its
successors and assigns forever:
A 0.3346 acre tract of land, being a portion of a 13.373 acre tract
located in Section 26, Block AK, Lubbock County, Texas described under County
Clerk File Number (CCFN 2016011116 of the Official Public Records, Lubbock
County, Texas more specifically described in Exhibit A attached hereto.
TO HAVE AND TO HOLD said property unto the Corporation, its successors and assigns
forever, free, clear and discharged of and from any and all liens and claims of CFC under and by
virtue of any or all the Security Instruments.
THIS RELEASE is made by CFC and accepted by the Corporation on the express
condition that it shall not in any way affect or impair the liens and security of the Security
Instruments, or any of them, upon other premises and properties now made and accepted without
covenant or warranty, express or implied, at law or in equiry, and without recourse to CFC, in any
event or in any contingency.
CFC MASTER
AA001-F-0030 (JABLONJ)
9479-5
IN WITNESS WHEREOF, CFC has caused this instrument to be duly executed in its
behalf, all as of the day and year first above written.
NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORPORATION,
for itself and as Master Servicer under one
or more servicing agreements on behalf of
the Federal Agricultural Mortgage
Corporation.
� ��
By:
Assi t ecretary-Treasurer
Matt Au9ustosky
COMMONWEALTH OF VIRGINIA )
) SS
COUNTY OF LOUDOUN )
The foregoing instrument was acknowled ed before me this � day of
,��� by Matt AuguSt�y , Assistant Secretary-Treasurer of
NATI NAL RURAL UTILITIES COOPERATIVE FINANCE CORPORATION, a District of
Columbia cooperative association, on behalf of the association.
LARRY WILSON HOLLAND 2ND
Notary Public
�ommonwealth of Vtrginia
Reglstratton No. 7733103
My Cammtssion Explres Jun 30. 2025
Notary Seal
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Notary registration number:
My commission expires:
CFC MASTER
AA001-F-0000(JABLONJ)
9479-7
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98th S T.
N01°52�48°E �
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Exhibit A
/3.7Jp0� A041� PARENT TRACT
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S88°IO'06"E 265.00'
--- ---� - :�.-
0.3346 Acre Tract
U,373 3q. FL
V (CEQ�'�M R/'�Ol Wi7Y
TRACT C
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TRACT 'A"
� UPLAND HE/GHTS
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LEGEND:
•SURVflYEDPROPERTY
- - -ADJACENTPAOPERTY
• RIOHT-OF•WAY
----- •Fi19fiMfiNT
�• S81' IR" ROD wfCAP'HRA"
� - FD. t/2" ROD w/CAP "WSQ'
CCFN- COUNTY CLERK FlL6 NUMBFR,
LUBBOCK COUNTY, T8%AS
Revised: Metch 27, 2023 (to add scele)
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I 566 -A I� �1 565-A I I 556-A � �,
W/NOSTOIIIE A T (�PLAND
(C[i�7k� c't�l9Gn39621
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SCALE: 1"=100'
98TH STREET DESIGN PROJECT
UPLAND AVE. TO ALCOVE AVE.
Parce148 - Permanent Easement
PERIMETER SURVEY OF A
0.3346 ACRE PARCEL LOCATED IN
SECTION 26, BLOCK AK
LUBBOCK COUNTY, TEXAS
�,`P�F"�isi�''l�, �
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...........................
CYRILHOWARD7URNER
• N����cM,pN�►���������•
�� VYW _tr � �
Cyril H. Turner, Registered ProCessional � Survayed on the ground
Land Survevor No. 6460 State of Texas x,s..�s. �n �n��
Note: No abstract of title or title commitment was provided to
this surveyor. Record reseerch done by this sucveyor was made
only for the pucpose of determining the boundery of ihis
propertyr and of the adjoining parcels. Recorded or unrecorded
documenta dher then those shown on this survey may exist and
encumber this properry.
�.� HUGO REED
AND ASSOCIATES, INC.
LAND SURVEYORS 1801 AVENUE N
CIVIL ENGINEERS weeocK,TEXAS79401
TRJtASLICEN8E06URVEYIkOFIRA1t0067800 PHONE:808/763-5642
TEIfASRE�3iERE0EN01NEEWNOF/iMf-1!0 FAX:B06/7633891
Bearings are ralative to the Texas Coordinete System of 1983,
North Ccntral Zone, NAD 83 (201 I), Epoch 2010.0
Dislences and coordinetes are surface, U.S. Survey Feet.
Combined Scale Factor: 1.0002485
Copyright 2023, Hugo Reed and Associetes, lnc. Page 1 of 2
DESCRIPTION FOR PARCEL 48
METES AND BOiJNDS DESCRIPT[ON of a 0.3346 acre hact, being a portion of a 13.730 acre hact locatcd in Section
26, Block AK, Lubbock County, Texas, described under County Clerk File No. 2016011116 of the Official Public Records
of Lubbock County, Texas, said 0.3346 acre tract being further described as follows:
BEGINNING at a I/2" iron rod with cap marked "iiRA" set (N=7249913.1', E=908786.2') in the South line of said Section
26, which bears N. 88°10'06" W. a distance of 1,088.75 feet from the Southeast corner of said Section 26, Block AK,
Lubbock County, Texas;
THENCE N. 88° 10'06" W., along the South line of said Section 26, a distance of 265.00 feet to a 1/2" iron rod with cap
marked "fIRA" set for the Southwest corner of this tract;
THENCE N. Ol°52'48" E. a distance of 55.00 feet to a 1/2" iron rod with cap marked "WSCI" found at the Southeast
comer of Lot 101, Regency Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat
and/or dedication deed thereof recorded in Volume 5396, Page 95, Ofiicial Real Property Records of Lubbock County,
Texas, and the Northwest corner of this tract;
THENCE S. 88° 10'06" E, a distance of 265.00 feet to a l/2" iron rod with cap marked "HRA" set at the Southwest corner
of Tract "A", Upland Heights, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat
and/or dedication deed thereof recorded under County Clerk File No. 2018033490 of the Official Public Records of
Lubbock County, Texas, for the Northeast corner of this tract;
THENCE S. O l°52'48" W. a distance of 55.00 feet to the Point of Beginning.
Contains: 0.3346 acres (14,575 sq. ft.) of land more or less.
Bearings are relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0).
Distances and coordinates are Surface, U.S. Survey Feet. CSF = 1.0002485
T1TLE COMMITMENT
No abstract of title or title commitment was provided to this surveyor. Reco�d research done by this surveyor was
made only for the purpose of determining thc boundary of this properiy and of the adjoining parcels. Record doeuments
other than those shown on this survey may exist and encumber this property.
Revised: March 27, 2023 (parce) name, add scale to pege 1)
98TH STREET DESIGN PROJECT
UPLAND AVE. TO ALCOVE AVE,
Parcel 48 - Permanent Easement
PERiMETER SURVEY OF A
0.3346 ACRE PARCEL LOCATED IN
SECTION 26, BLOCK AK
LUBBOCK COUNTY, TEXAS
>t,�-• �.- �F: r c
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CYRIL HOWARD TURNER
on the
��HUGO REED
AND ASSOCIATES, INC.
LAND SURVEYpRS 1801 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
iE%ASUCENBEDBURVEYIN6FIRM700B7&00 PHONE:808/783-5642
TEXASREGIBTEREDENOINEERINOFINMF-7E0 FAX:808/783-3891
Bearings are relative to the Texes Coordinate System of ! 983,
Notth Central Zone, NAD 83 (20l t), Epoch 2010.0
Dlstences and coordinates ere surface, U.S. Survey feet.
Combined Scale Factor: 1.0002485
Copyright 2023, Hugo Reed end Assacietes, lnc. Pege 2 of 2
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98th Street from Alcove Avenue to Upland Avenue is currently unpaved and is designated in
the 2018 Thoroughfare Master Plan to become a seven-lane principal arterial roadway.
Continued growth in southwest Lubbock has increased traffic demands along the west 98th
street corridor from Alcove Avenue to Upland Avenue, a roadway that is currently unpaved
with portions in a flood zone. Safety concerns necessitate the construction of an all-weather
paved roadway, raised above the flood plain; the new roadway will be constructed to a three
lane multimodal roadway with drainage structures in the seven lane ultimate configuration.
The design will include the ultimate design of seven-lane arterial, intersection improvements,
drainage solutions, utility adjustment and right of way acquisition services with the City of
Lubbock constructing three lanes.
Project Justification
On November 8, 2022, Lubbock voters approved
issuance of a$200 million street improvements
bond package for the purpose of providing
permanent public improvements. The funding will
acquire, construct and reconstruct street
improvements, including but not limited to
sidewalks, utility line relocations and traffic
signalization, necessary and related storm
drainage facilities, and the acquisition of land and
rights-of-way for the full width dedication.
Project Dates
Design Start Date: 12/2022
Design Completion: 12/2023
Bid for Constuction:12/2023
Award Construction: 02/2024
Project Completion: 08/2025
Project Location
Project Highlights
Council Priorities Addressed:
Public Safety
Community Improvement
Growth and Development
Project History
307
�
FY 2023-24 Operating Budget and Capital Program
Project Scope
Project Appropriations
P Works 92811
2022 - 23 Budget CIP 2023 - 24 Budgel 2024 - 25 Budget 2025 - 26 Budget 2026 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget
Constructlon $12,000,000 $0 $0 $0 $0 $0 $�
TOTAL 512,000,000 SO SO SO SO SO SO
Project Funding
P Works 92811
Funding to Date 2023 - 24 Budget 2024 - 25 Budget 2025 - 26 Budget 2026 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget
General Obligation Bonds $12,000,000 $0 $0 $0 $0 $0 $0
TOTAL 512,000,000 SO SO SO EO EO SO
Operating Budget Impacts
92811
Description
No Impact Anticipated
TOTAL
2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 Total
$o $o sn $o $a so so
SO SO SO EO SO SO SO
FY 2023 24 Operating Budget-and C-apital Program 308