HomeMy WebLinkAboutResolution - 2023-R0490 - Concurrence Letter, Special Warranty Deed, Sec. 31, Block AK, Bar-Bell Holdings - 10/10/2023Resolution No. 2023-R0490
Item No. 5.7
October 10, 2023
RESOLUTYON
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 Concurrence Letter related to a Special
Warranty Deed associated with certain property in Lubbock County, Texas, owned by Bar-
Bell Holdings, LLC, and all related documents. Said Concurrence Letter and Special
Warranty Deed are 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
October 10. 2023
ATTEST:
Courtney Paz, City Secre
APPROVED AS TO CONTENT:
TRAY PAY , MAYOR
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
,
�
Amy I ' s, Deputy City Attorney
RES.Concurrence Let Special Warranty Deed — Bar-Bell Holdings
4.28.23
Resolution No. 2023-R0490
CONCURRENCE LETTER
FOR
66T" STREET CHANNEL DRAINAGE IMPROVEMENTS PROJECT
Date: � � � �
Parcel Nos: 74 and 74-A, as further depicted and described on attached Exhibit "A", attached
hereto and made part hereof (hereinafter referred to as the "Property")
Owner: BAR-BELL HOLDINGS, LLC, a Texas Limited Liability Company
Eddie Bell, Manager
7106 82nd Street
Lubbock, Texas 79424
(806) 853-7306
eddiedonbell2C�r •! - email
Document Types: Parcel No. 74— Special Warranty Deed
Parcel No. 74-A— Street and Public Use Dedication Deed
Consideration: $574,675.00, subject to final approval by the City of Lubbock's City Council and
further subject to approval of title.
Special Provisions:
(1j Adequate Materials. During construction of the 66th Street Channel Drainage
Improvements Project from Playa 100 to Playa 039A (the "66`h Street Project"),
the City of lubbock (the "City") will excavate materials from within the limits of
the Property. The City will have such excavated materials tested by an
independent third party (such independent third party to be selected by the City
in the City's sole discretion) to determine if such materials meet the requirements
of the City of Lubbock's Code of Ordinances (the "Code"J, including but not
limited to Chapter 38.07, in addition to the approved plans for the 66th Street
Project. The materials deemed to meet the requirements of the Code by the
lndependent thlyd party shall be referred to hereln as the "Adequate Materfals:'
The City hereby agrees that the City will place the Adequate Materials onto the
Owne�'s 45.113 acre tract of land described in County Clerk File Number (CCFN)
2008031828, Official Public Records, Lubbock County, Texas (OPRLCT}, less Parcel
No. 74 and Parcel No. 74-A (the "Remainder'); provided, however, and
notwithstanding anything contained herein to the contrary, such Adequate
Materials shall only be placed on portions of the Remainder that are situated
above the existing flood zone. ear-Bell Holdings, LLC ("Bar-Bell") acknowledges
Page 1 of 4
and understands that the Adequate Materials shall not be placed on any portion
of the Remainder that is currently in the flood zone, whether by the City, the City's
agents, Bar-Bell, Bar-eell's agents, or any other party. Bar-Bell also acknowledges
and unde�stands that portions of the Remainder that are situated above the
existing flood zone may not accommodate all Adequate Materials, and therefore,
the City is under no obligation to, and will not, place any Adequate Materials onto
the Remainder that the Remainder cannot accommodate. The amount of
Adequate Materials the City or its agent will place onto the Remainder pursuant
to the terms herein shall be determined by the City, in the City's sole discretion.
Notwithstanding anything contained herein to the contrary, Bar-Bell 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. Bar-Bell acknowledges and understands
that the City is not guaranteeing that all material excavated from the Property
will meet the requirements of the Code and the app�oved plans for the Project.
Should any excavated materials or Adequate Materials not be placed on portions
of the Remainder in accordance with the terms stated herein, the City, in its sole
discretion, shall have the option to either dispose of such excavated materials or
have such excavated materials disposed of. Bar-Bell further acknowledges and
understands that the City will make no effort, and is under no obligation, to
spread, compact or level any Approved Materials from the Property that are
placed onto the Remainder.
(2) Reclamation of Parcel 74. To the extent allowed by applicable law, the City
hereby waives its right to reclaim any portion of Parcel 74 and assigns and
transfers all of the City's right(s) to reclaim the playa lake reclamation area
attributable to Parcel 74, as defined by the Code, including but not limited to
Chapter 38.07, to the Remainder, Bar-Bell 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
reclamatlon for the Remalnder shall meet the requirements of the Code,
including but not limited to Chapter 38.07. For avoidance of doubt, the transfer
of the City's right to reclaim any portion of Parcel 74 herein shall not transfer title
to Parcel 74 to Bar-Bell or any other party.
(3) Bar-eell's Excavation of Additional Material from Parcel 74. To the extent allowed
by applicable law, and subject to terms and conditions as stated herein, the City
agrees to allow Bar-Bell the right to excavate additional materials from Parcel 74,
as may be necessary to reclaim portions of the Remainder pursuant to Special
Provision (2) above. However, Bar-Bell acknowledges and understands that, prior
to any excavation of additional material from Parcel 74, Bar-Bell must submit to
Page 2 of 4
the City a cut and fill plan in accordance with the Code and further acknowledges
and understands that the City must approve such cut and fill plan prior to Bar-
Bell's excavation of additional material from Parcel 74. Bar-Bell acknowledges and
understands that the City shall have sole discretion to approve or deny the
manner, method, and timing of Bar-Bell's excavation of additional material from
Parcel 74; however, the City acknowledges that approval will not be unreasonably
withheld from Bar-Bell, provided the playa lake cut and fill plan submitted for
approval meets the requirements of the Code, including but not limited to
Chapter 38.07, and further, that Bar-Bell's excavation will not interfere with the
City's, or the City's agent's(s') construction of the Project. Bar-Bell agrees that
Bar-Bell will not begin any excavation (or any preparatory work of such
excavation, save and except the work necessary for Bar-Bell and/or its authorized
agents to prepare the cut and fil! plan as required herein) until the City approves
Bar-eell's cut and fill plan, and the manner, method, and timing of Bar-Bell's
excavation. Bar-Bell 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, and will not bear such expenses.
(4) No Obstructions. Bar-Bell acknowledges and understands that it shall not
construct any temporary or permanent wells, buildings, structures, signs,
obstructions, trees, shrubs, or fences, or other facilities or improvements of any
kind ("Unpermitted Structures") on the Property, nor shall Bar-Bell allow any
Unpermitted Structures to be constructed on the Property. Bar-Bell further
acknowledges and understands that it shall not store any materials, equipment,
vehicles, heavy machinery, or any similar item ("Unpermitted Items") on the
Property, nor shall Bar-Bell allow any Unpermitted Items to be stored on the
Property. If any {i) Unpermitted Structures are hereafter constructed or allowed
to be constructed, or (ii) Unpermitted Items are hereafter stored or allowed, by
Bar-Bell on the Property without prior written consent of the City, then the City
shall have the right to remove any Unpermitted Structures and Unpermitted
Items, and Bar-Bell agrees to pay to the City the reasonable adual costs of such
removal. If Bar-Bell (i) construcls or allows any Unpermitted Structures on the
Property, (ii) stores or allows any Unpermitted Items on the Property, or (iii) fai(s
to comply with the Code orthe City's requirements and/or direction pursuantto
Special Provision 3 directly above, Bar-Bell's right to excavate additional material
from Parcel 74shall immediatelyterminate.
(5) Survival. Unless expressly agreed to in writing by Bar-Bell 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 Bar-Bell to
the City relating to the Property.
Page 3 of 4
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. Acquisition confirmation letter from Bigbee & Curtis, lLP dated August�,
2023;
4. Appraisal Report for a portion or portions Parcels 74 and 74-A by Tommy
Cantrell Appraisal Company, lnc.; and
5. Survey Plat and Legal Description of Parcels 74 and 74-A by Hugo Reed &
Associates, Inc.
Closing Agent: Western Title
4202 84`" Street
Lubbock, Texas 79424
Concurrence: BAR-BELL HO NG�, LLC, a Te as Limit Liability Company
By:
Printed Name: � I� E L�
• II 1 L � � �
CITY OF LUBBOCK, T me Rule Municipal Corporation
By:
Printed Name: � Ta,y PaYne
Title: Mayor
Page 4 of 4
After recording return to: Bigbee & Curtis, LLP, P.O. Box 53068, Lubbock, Texas 79453
NQTICE OF CUNFIDENTIALITY R[GHTS: IF YOU ARE A IYATURAL PFRSON,
YOU iVIAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
iNFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RF,CORD
IN THE PUBLIC RECORD5: YOUR SOCTAL SECURITY l�1UlV�ER OR YOUlt
DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
Date: � jS �Q 7/
Grantor: Bar-Bell Holdings, LLC, a Texas Limited Liability Company
Grantor's Mailing Address (including county):
7106 82nd Street
Lubbock, [,ubbock County, Texas 79424-4707
Grnptee: City of Lubbock, "fcxas, a f(ome Rule Municipal Corporation
Grxntee's Mailing Address (including county):
P.O. Bo.c 2000
Lubbock, Lubbock County, 7'exas 79457-0001
Consideration:
For and in consideration of the sum ofTEN AND NO/100�' DOLLARS ($ lU.OU) and
other good and valuable consideration, the receipt and sufficiency of �vhich is hereby
acknowledged.
Property (including any improvements):
Metes and Bounds Description of a 19.246-acre parcel located in Section 31, Btock AK,
Lubbock County, Texas, being a portion of that 45.113-acre tract described in County
Clerk File Number (CCFN) 2008031828, Of�icial Public Records, Lubbock County, Te.cas
(OPRLC'I), said I 9.246 acre tract being further described as follows:
BEGINNING at a l/2" iron rod with yel(ow cap marked'HUGO REED & ASSOC' found
(N=7,260,409.29',E=909,314.25') in the North line of said Section 3 I, Block AK, Lubbock
County, Texas, and in the South line of that 55.00-foot Gas Line Easement granted in
CCFN 2016002495, OPRLCT, in the Easl line of said 45. l 13 acre trAct and in the West
line of that 14.74-acre tract described in Volume 7591, Pa�e 2 t 8, OPRLCT, whicli bears
N. 88° 12' 14" W. a distance of 899.97 feet and S. Ol ° 49' S6" W. a distance of 55.00 from
a railrond spike found at the Northeast corner of said Section 31 for the Norlheast corner
of this parccl;
THENCE S. 01 ° 49' S6" W. along the Gast line of said 45. I I 3-acre tract and the West line
of said 14.74-acre tract a distance of 1141.17 feet to a 1/2" iron rod f'ound in the
Northwesterly right-of-way line of the Lubbock and Western Railroad as described in
Volume 5007, Page 207, OPRLCT, at tlie most Easterly Southeast comer of lhis parcel;
THENCE S. 55° 44' l6" W. along the Southeast line of said 45.113-acre tract and the
Northwesterly line of said Lubbock and Western Railroad right-of way a distance of
356.32 feet to a I/2" iron rod with yellow cap marked "HUGO REED & ASSOC" found
al the Northeast corner of that 104.70-acre tract described in CCFN 2021053674,
OPRLC'[', and the most Southerly Southeast corner of this parcel;
"fHENCE N. 88° 09' S2" W., along the North (ine of said 104.70-acre tract a distance of
355.06 feet to a 1/2" iron rod with yellow cap marked "HUGO REI:D & ASSOC" set for
the Southwest coriier of this parcel;
TtfENCE N. Ol° 49' S6" E. a distance of 1350.66 feet to a 1/2" iron rod with yellow cap
marked "HUGO REED & ASSn('" set in the Souch (ine of said 55.00-foot Gas Line
Easement for the Northwest corner of this parcel;
THENCC S. 88° 12' 14" E.. SS.00 feet Soulh of and parallel with thc North line of said
Section 31, Block AK, a distance of 6�2.98 feet to the Point of Beginning.
Containing 19.246 acres (838,368 sq. ft.) of land, more or less.
'Che Property is further depicted on Exhibit A, attached hereto and made a paR hereof.
Reservations fron� 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 orsubject to which title is taken; validly esisting easements,
rights-of-way and prescriptive rights, whether of record or not; all presently recorded and
validly existing restrictions, reservations, covcnants, 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, conllicts or shortages in area or boundary lines; any encroachments or
oveclapping of improvements; all rights, obligations and other matters arising from and
existing by reason of Lubbock County authority; and taxesfor 2023 to present, which Grantee
assumes and agrees to pay, and subsequent assessments for that and prior years due to chan�c
in land usage, ownership or both, the payment of �vhich Grantee assumes.
Granlor, for the consideration and subjoct to the Reservations From and F,xceptions
lo Conveyance and Warranty, grants, sells, and conveys to Grantee the property, together
with all and singular the ri�hts 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 Gtnntor's heirs, executors, administrators and
successors to warrant and forevcr defend all and sin�ular the property to Grantee and
Grantee's heirs, executors, Administralars, successors and assigns, against every person
�vhomsoever lawfully claiming or to claim the same or any part thereof, except as to the
Reservations From and Exceptions to Wlrranry, when tlie claim is by, through or under
Grantor, but not othcrwise.
When the context requires, sinbular nouns and pronouns include the plural.
This document may be e:ceculed in several counterparts, each of which will be
considered aii ori�inal for conveyance purposes.
GRANTOR — BAR-BELL HOLDINCS,
LLC, A TEXAS LIMITED LIABIL TY
COMPAN '
By: �i ,
Printed Name: Eddie Bell
Title: Mana�er
STATE OF '1'EXAS §
§
COUNTYOF LUBBOCK §
This instrument �vas acknowledged before me on' U� :� , 2023,
by EDDIE BELL, as Ma��ager of BAR-BEI.L HOLDINGS, `. LC, a Texas Limited Liability
Company. . / f i
%�L t�----�-✓ ''�'-� :�-t �
ARY PUB IC, STATE UF
v� ' Lori Mlnnette Hoerman
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Q�„ Notary 10 #13341945-1
My Commission Expires 10-28-2025
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STREF.T AIYD PUIiLIC USE DED[CATION DEF,D
T�iE STAT�; OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OFLUBBOCK S
THAT BAR-BELL HOLDINGS, LLC, a Texas Limited Liability Company, 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 C[TY OF LUBBOCK, TEXAS,
a}[ome 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
mnre particularly described in the attached Exhibit `'A."
7'0 HAVE AND 'f0 HO[.0 this abovc-dcscribed premises, together with all singular the
rights and appurtenances thereto in anywise belonging unto the said public focever so long as suid
premises are used for public purposes
WI'fNESS MY HAND o. ��-� , 2023.
GRANTOR — BAR-BELL HOLDINGS,
LLC, A TEXAS LIMITED L[ABILiTY
COMPANY
B �, �iv�.
Y•
Printed Name: Eddie Sell
Title: Mana�er
STATE OF TEXAS §
§
CQUNTY OF LUBBOCK §
This instrument was acknowledged befoce me on �� ��' -� , 2023,
by EDDIE [iELL, as Manager of BAR-BELL HOLDINGS, L , a Texas Limited Liability
Company.
.J
_ �, �� --�
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N RY PUBL , STATE OF TEXAS
g�►"""``� Lori Minnette Hoerman
��� Notary Public, State of Texas
''�i,�Qy.�*� Notary ID #13341945-1
ti1y Commission Expires 10-28-2U25
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City of Lubbock
Capital Project
Project Cost Detail
October 10, 2023
Capital Project Number: 92654
Capital Project Name: Upland Ave 66th Street Playa Drainage Imp.
Encumbered/Expended Budget
Contract with FNI for Design Services 292,455
Land Acquisition Cost Parcel 75-A
COL Staff time
Agenda Item October 10, 2023
Land Acquisition Cost Parcel 74 and 74-A
Encumbered/Expended To Date
Estimated Cost for Remaining Appropriation
Construction Upland Ave 66th Street Drainage Imp.
Remaining Appropriation
19,950
22,513
574,675
909,593
7,240,407
Total Appropriation $ 8,150,000
Project Scope
--�
_ �
This project will over excavate an existing Playa Lake and improve and widen the channel
along 66th Street.
Project Justification
The intersection of 66th and Upland has
historically flooded during small rain events.
Playa Lake Improvements and drainage structure
improvements are needed to allow improved
drainage within the area. This project will also
allow the buildout of the Upland Avenue Arterial
sections at the 66th Street intersection.
Project Dates
Design: Completed
Land Acquisition Complete — 10/2023
Bid Date - Construction: 10/2023
Award Date for Bid - Construction: 01/2024
Project Start Date - Construction: 02/2024
Project End Date - Construction: 02/2025
Project Location
Project Appropriations
Project Highlights
Council Priorities Addressed:
Community Improvements
Redevelopment
Growth and Development
Project History
$300,000 was appropriated in the FY 2019-20
Budget, Ord. No. 2019-00129, October 1, 2019.
$1,000,000 was appropriated in the FY 2020-21
Budget, Ord. No. 2020-00123, October 1, 2020.
$4,000,000 was appropriated in the FY 2021-22
Budget, Ord. No. 2021-00126, October 1, 2021.
SW 92654
2022 - 23 Budget CIP 2023 - 24 Budget 2024 - 25 Budget 2025 - 26 Budget 2026 - 27 Budget 2027 • 28 Budget 2028 • 29 Budget
Deslgn $300,000 $0 $0 $0 $0 $0 $0
Construction $5,000,000 $2,050,000 $0 $0 $0 $0 $0
Acquisition $0 $800,000 $0 $0 $0 $0 $0
TOTAL i5,300,000 52,850,000 SO SO SO SO SO
Project Funding
SW 92654
Funding to Date 2023 - 24 Budget 2024 - 25 Budget 2025 - 26 Budget 2026 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget
Storm Water Fund Cash $5,054,079 $0 $0 $0 $0 $0 $4
Stortn Water Fund Bonds $245,921 y2,850,000 $Q $0 $a $0 $0
TOTAL 55,300,000 52,850,000 EO SO SO SO f0
FY 2U33 24 Operating Budget-and Eapital Program
304
Operating Budget Impacts
92654
DescripHon 2023-24 2024•25 2025-26 2026-27 2027-28 2028-29 Total
No Impact Anticipated $0 $0 $i3 $0 $0 $0 $6
TOTAL SO SO SO SO SO s0 EO
305
FY 2033 24 Operating Budget�and Capital Program