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Home My WebLink AboutResolution - 2023-R0462 - Street Ded. Deed, Drainage Easement, Right-Of Way-Deed, Section 23, Block AK - 09/26/2023Resolution No. 2023-R0462 Item No. 5.11 September 26, 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 one (1) Street and Public Use Dedication Deed in connection with certain real property located in the West portion of the North half of Section 23, Block AK, Lubbock County, Texas, to be utilized for the 98`h Street Roadway Project, and all related documents. Said Deeds 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 September 26, 2023 TRAY PAYNE; MAYOR ATT ST: Courtney Paz, City Se � APPROVED AS TO CONTENT: 7�� __ . _---we� vn�- P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: � , epu torney RES. Street and ROW Deeds- Section 23, Block AK 09.12.23 Resolution No. 2023-R0462 98TH STREET (UPLAND AVENUE TO ALCOVE) PROJECT Concurrence LettedOwner Acknowledgment Date: Parcel No: September 5, 2023 83 Abbreviated Legal Description: A 1.705 acre tract, being a portion of a 97.590 acre tract located in the West portion ofthe North half of Section 23, Block AK, Lubbock County, Texas, described under County Clerk File Number (CCFN) 2020033673 of the Official Public Records of Lubbock County, Texas (OPRLCT) Owner(s): Victor Gutierrez and Sesenia Gutierrez, husband and wife 2353 Dolphin Ct. Henderson, Nevada 89074 Phone: (806) 407-8256 (Victor Gutierrez) Email: victor a �utierrez(c�,vahoo.com Current Lienholder: Tenant: Document Type(s): Consideration: None. None. Street & Public Use Dedication Deed; and $238,903.00, 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. (nitial Offer Letter dated June 16, 2023 from Bigbee & Curtis, LLP on behalf of the City of Lubbock; 4. Appraisal Reports for Parcel No. 83 by Atrium Real Estate Services; and 5. Survey Plat and Legal Description of Parcel No. 83 by Hugo Reed & Associates, Inc. Special Provision(s): The City agrees that the Ciry is responsible for the closing costs associated witl� closing and payable to the Closing Agent designated below. Page 1 of 2 Closing Agent: Lubbock Abstract & Title Company 1216 Texas Avenue Lubbo k, Texas 794 r Concurrence: '� Victor Gutierr z r �c.c.. R�^�° Sesenia Gutie ez � Page 2 of 2 Resolution No. 2023-R0462 STREET AND PCBLIC USE DEDICATION DEED THE STATE OF TEXAS § COUNTY OF LL'BBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT VICTOR GUTIERREZ and SESENIA GUTIERREZ, husband and wife herein called "Grantor," for and in consideration of the sum of TEN AND NO/100 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 pub(ic 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-describeci premises, together with all singular the rights and appurtenareces thereto in anywise belonging unto the said public forever so long as said premises are used for public purposes. WITNESS MY HAND this �� day of 7.�Yl�L 2023. � �. � � V[CTOR G TIERREZ THE STATE OF NFvA DA § § COUNTY C� CLARK § , , � ��L SESENIA Gt7T ER.REZ BEFORE ME, the undersigned authority, a Notary Public in and for said County,Nevada on this day personally appeared VICTOR GUTIERREZ and SESENIA GUTIERREZ, 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. GIVEN LTIDER MY HAND AND SEAL OF OFFICE on the ��'�, day of - — �-G.�(►-I�c..�. b c.r - _ 2023. �C, STATE OF �IADA Erpires: _C�Z- / v�i �-2o i b f � � RAPHAEL A. BONELLA II *� �• Notary Pu�uc, State of Nevada No. 22-16gb. 2, 2026 •.'� `':. � Nly Appt. Exp. DESCRIPTION FOR PARCEL 83 METES AND BOIJNDS DESCRIPTION of a 1.705 acre tract, being a portion of a 97.590 acre tract located in the West pordon of the North half of Section 23, Block AK, Lubbock County, Texas, described under County Clerk File No. 2020033673 of the O�cial Public Records of Lubbock County, Texas, said 1.705 acre tract being further described as follows: BEGINNING at a mag nail with shiner set {N=7249992, I', E-904594.9') in the West line of said Section 23, Block AK, Lubbock Counry, Texas, and the South right of way li�e of 98th Street as described under County Clerk File No. 2021023975 of the Ofiicial Public Records of Lubbock County, Texas, which bears S. O1°51'41" W. a distance of 55.00 feet from a raiiroad spike found at the NoRhwest comer of said Section 23, Block AK, Lubbock CouMy, Texas; THENCE S. 88° 10'06" E., along said South right of way line of 98th Street a distance of 1650.02 feet to a l/2" iron rod with cap marked "RPLS 4339" found in the East line of said 97.590 acre tract at the Northwest corner of Tract E, Windstone at Upland, an addition to the City of Lubbock, Lubbock County, Texas, according to the map. plat and/or dedication deed thereof recorded under Counry Clerk File No. 2019036773 of the Otiicial Public Records of Lubbock County, Texas, same being the Northeast corner of this tract; THENCE S. Q1°51'45" W., aiong the East line of said 97.590 acre tract and the West line of said Tract E, Windstone at Upland, a distance of 45.00 feet to a 1/2" iron rod with cap marked "HRA" set for the Southeast corner of this tract; THENCE N. 88° 10'06" W. a distance of 1650.02 feet to a mag nail with shiner set in the West line of said Section 23, Block AK, Lubbock County, Texas, for the Southwest corner of this tract; THENCE N. O1 °51'4l" E., along the West line of said Section 23, Block AK, Lubbock County, Texas, a distance of 45.00 feet to the Point of Beginning. Contains: 1.705 acres (74,251 sq. ft.) of land more or less. Bearings ere relative to Grid North, Texac Coocdinate System of i983, North-Central Zone, 20l l(epoch 20L0.0). Distances are Surface, U.S. Survey Feet. CSF = 1.0002485 TITLE COMMITMENT No abstract of title or title 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 dceuments other than those sho�m on this survey may exist and encumber this property. 98TH STREET DES[GN PROJECT UPLAND AVE. TO ALCOVE AVE. Parcel 83 - Permanent Easement PER[METER SURVEY OF A 1.705 ACRE PARCEL LOCATED IN SECTION 23, BLOCK AK LUBBOCK COUNTY, T6XAS Land Sucveyor IVo. 6460 Statc of Texag ��1��`' � `F S�'j�`, O• ..»..... «..... «.. ««... CYRIL HOWARO 7URNER , M�NNNN�MNNN��N� . i'� 84BO _eo-J- - Surveyed on U�e ground March 28, 2023 EX$lblt uA° Note: No absuact of title or GUe commitment was provided to this surveyor. Record research done by this surveyor was made only Cor the purpose of detemuaing the bouadary of this pmpecty and ofthe adjoWeg parcels. Recorded or unrecorded dowments othe� than those shown on this survry may exist and rncumber this ProP��Y HUGO REED AND ASS�CIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LueeOCK,TExAS78aot 7FXA3 UCENSED SUFIV6YIN0 flit1A 10087600 PHONE: B06 / 763-5842 hxas aewsrEneo eroereoRoxi Fl�ne caeo FAX: B06 / 763-3891 Beariags are relative to the T�xas Caordinate System of 1983, Nord� Crnhal Zone, NAD 83 (2011), Epoch 2010.0 Distanas and coordinates are surface, U.S. Survey fcet. Combined Scale Factor: 1.0002485 Copyright 2023, Hogo Reed and Associates, [nc. Pagc 2 of'