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Home My WebLink AboutResolution - 2023-R0492 - Concurrence Letter & Ded. Deed, Sct. 26, Block AK, Brian D & Nancy E Schroeder - 10/10/2023Resolution No. 2023-R0492 Item No. 5.9 October 10, 2023 RESOLUTION BE YT RESOLVED BY THE CYTY COUNCYL 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, substantially in the form as attached hereto, related to a Street and Public Use Dedication Deed associated with certain property in Lubbock County, Texas owned by Brian D. Schroeder and Nancy E. Schroeder, and all related documents. Said Concurrence Letter and Street and Public Use Dedication Deed forms 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 Secretary APPROVED AS TO CONTENT: TRA`�'� AYN , AYOR - � � Michael Keenum, P.E., Division Director of Engineering/City Engineer Il� � .Z1]L-� 17:j.Yl I[I] �17-:7u A Amy . ims, Deputy ' Attorney RES.Concunence Let Street and Public Use Dedication Deed — Schroeder 10.5.23 Resolution No. 2023-R0492 Date: Parcel No: 98TH STREBT (UPLAND AVENUE TO ALCOVE) PROJECT Concurrence Letter/Owner Acknowledgment Nou Q.r�•I�.r 2� . Zo23 34 Abbreviated Legal Description: A 0.2883 acre tract, being a portion of a 10.000 acre tract (Schroeder tract) located in Section 26, Block AK, Lubbock County, Texas, described under County Clerk File Number (CCFI� 2017021724 of the Official Public Records of Lubbock County, Texas (OPRLCT) Owner(s): Current Lienholder: Tenant: Document Type(s): Consideration: Brian D. Schrceder and Nancy E. Schroeder, husband and wife 7706 98th Street Lubbock, Texas 79424 USAA Federal Savings Bank None Street & Public Use Dedication Deed $122,395.00, 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 Bilt of Rights; 2. Right of Entry Agreement signed by Owner; 3. Initial Offer Letter dated June 16, 2023 from Bigbee & Curtis, LLP on behalf of the City of Lubbock; 4. Final Offer Letter dated July 28, 2023 from Bigbee & Curtis, LLP on behalf of the City of Lubbock; 5. Appraisal Reports for Parcel No. 34 by Atrium Real Estate Services; and 6. Survey Plat and Legal Description of Parcel No. 34 by Hugo Reed & Associates, Inc. Closing Agent: Lubbock Abstract 8c Title Company 1216 Texas Avenue Lubbock, Texas 79401 Concunence: � ✓� �� ^ �/ Brian D. Schroe �('�Xl � Y?�a Nancy E. Sc der Page 1 of 1 STREET AND PUBLTC USE DEDICATION DEED THE STATE OF TEXAS COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT BRIAN D. SCHROEDER and NANCY E. SCHROEDER, 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 public use forever, including but not limited to street right-of-way, drainage, and utility 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-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 f day of �1L,a� - 2023. THE STATE OF TEXAS COUNTY OF LUBBOCK i�� BRIAN D. SC EDER N�1 NANCY HROEDER § § § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared BRIAN D. SCHROEDER and NANCY E. SCHItOEDER, 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. r*`�� G��ER MY HAND AND SEAL OF OFFICE on the day of 1\� Q 2023. . �� rr�,,� IRENE PARRISH ;`a�?"Y °`''�'� TAR PU , STAT F TEXAS _r= �`Notary Pubiic, State of Texes :;��iv�� Comm. Expires 03-16-2024 ;�... �+��• '�i�� Notery IO 132405761 My Commission Expires: . � LIENHOLDER CONSENT THE STATE OF COUNTY OF That USAA FEDERAL SAVINGS BANK, a federal savings association organized and existing under the laws of the United States of America, for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00) paid in cash, and for other good and valuable consideration, the receipt and suffciency of which is hereby acknowledged and confessed, being a lienholder on the property described on the attached Exhibit A, does hereby consent and agree to the above-described Dedication and does hereby subordinate its rights to the above-described Dedication. 1N WITNESS WHEREOF, the said USAA FEDERAL SAVINGS BANK, has caused these presents to be signed by its duly authorized officer (printed name), (title) on the day of . 20 . NOTARY PUBLIC, STATE OF My Commission Expires: Exhibit A � � � � 33 34 35 36 37 9 7fh S T. E�ERES` T H /GH S LOTS /-/// (CG�'N.• ft722CJ/3/3 1 5 4 I 3 I 2 rRacr A� �aiab/e WidM Righ1- o�- Woy D�co/ed By PYo1 (CCFN.• 21122t�/3/35J / �h �� M ��I �� Z�� ¢ � � � � �a �� w N O p� O � � � O Z /O. A�O AQ4E PMENT TRACT BR/AN d NANCY SCY�'RUEOER (CCFi1k c't�/702/7/4J 42.43� S88°10'06"E 190.14' 0.2883 Acre Tract 12,558 Sy Ft /0.01�0 ACRE TRACT TEODY d JAII�T M/TCHELL (CCFN.� 2l�/01�/542IJ SOl°49�34��W 55.00� H— — — — — — — — — — — — — — PROPOSED PARCEL 35 98fh S T. -- — SAVTH LAV£ L� S£CT/AY 26, BLOpC AK— — N88°10�06��W 220.14� ��1 L/NE Gl� SECT/pV 23, BLOpI AK POINT OF BEGINNING � 'v� h THIS POIJ�IT BEARS S88°1006"E � �C� pp�� g�j � 1099.39 FROM THE SOUTHWEST — — — — CORNER OF �ECTION 26. BLOqC AK — — — — — — -- -- — — �`�'��Z•Q /6.5'GTEEASEMENT (✓LY. 56BB, PG. 2261 ----E=905695.5 --- --- --- ---- PROPOSED PARCEL 83 ---------------------------------------------------- 97.590 ALWE TRACT VICTA4 B SESEN/A GUT�RREZ (CCFN.• �YJ2P0336731 LEGEND• - SURVEYED PROPERTY — — -ADJACENTPROPERTY - RIGHT-OF-WAY ----- -EASEb1ENT — — — — - PROPOSED PARCEL Q- SET I/2" ROD w/CAP "HRA" .0 - FD. 1/Y' ROD w/CAP ��AMD" � - FD. 1/2" ROD CCFN- COUNTY CLERK FILE NUMBER, LUBBOCK COUNTY. TEXAS Revised: March 27, 2023 (to add scale) 98TH STREET DES[GN PROJECT UPLAND AVE. TO ALCOVE AVE. Parcel 34 - Permanent Easement PERIMETER SURVEY OF A 0.2883 ACRE PARCEL LOCATED IN SECTION 26, BLOCK AK LUBBOCK COUNTY, TEXAS Cyril H. Tumer, Registered Professional Land Survevor No. 6460 State of Texas _ �"' � � Z SCALE: 1 "=100' ,(�,`Q'��G \ 5 T F� T�� Lj;Q-�, 'QF'� l� . � O. ........................... CYRIL HOWARD TURNER w� � ��w ��w�� w� � � • i q 6460 . P`�i ,. . .. Surveyed on the ground Note: 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. Recorded or uc�c�ecorded documcnts othcr than thosc shown on this survcy may cxist and encumber this property. HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS l.ueeoCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 10067&00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: SO6 / 763-3891 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, t1.S. Survey feet. Combined Scale Factoc: 1.0002485 Copyright 2023, Hugo Rccd and Associatcs, Inc. Page I of 2 DESCRIPTION FOR PARCEL 34 METES AND BOUNDS DESCRIPTION of a 0.2883 acre tract, being a portion of a 10.000 acre tract (Schroeder tract) located in Section 26, Block AK, Lubbock County, Texas, described under County Clerk File No. 2017021714 of the Official Public Records of Lubbock County, Texas, said 0.2883 acre tract being further described as follows: BEGINNING at a 112" iron rod marked "AMD" found (N=7250012.0', E=905695.5') in the South line of said Section 26 in the East right-of-way line of Yukon Avenue dedicated by plat recorded under County Clerk File No. 2022013135 of the Official Public Records of Lubbock County, Texas, at the Southwest corner of said Schroeder tract, which bears S. 88° 10'06" E. a distance of 1,099.39 feet from a railroad spike found at the Southwest corner of said Section 26, Block AK, Lubbock County, Texas; THENCE N. O1 Q49'20" E., along the West line of said Schroeder tract and the East right of way line of said Yukon Avenue a distance of 85.00 feet to a 112" iron rod with cap marked "HRA" set for the most Northerly Northwest corner of this tract; THENCE S. 43° 10'23" E. a distance of 42.43 feet to a 112" iron rod with cap marked "HRA" set for a corner of this tract; THENCE S. 88" 10'O6" E. distance of 190.14 feet to a 112" iron rod with cap marked "HRA" set in the East line of said Schroeder tract and in the West line of that 10.000 acre tract (Mitchell tract) described under County Clerk File No. 2010015421 of the Official Public Records of Lubbock County, Texas, for the Northeast corner of this tract; THENCE S. Ol °49'34" W., along the East line of said Schroeder tract and the West line of said Mitchell tract a distance of 55.00 feet to a 112" iron rod found in the South line of said Section 26, Block AK for the Southwest corner of said Mitchell tract, the Southeast corner of said Schroeder tract and the Southeast corner of this tract; THENCE N. 88� 10'06" W., along the South line of said Section 26, Block AK, and the South line of said Schroeder tract, a distance of 220.14 feet to the Point of Beginning. Contains: 0.2883 acres (12,558 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 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 documents other than those shown on this survey may exist and encumber this property. Revised: March 27, 2023 (to add scale to page 1) 98TH STREET DESIGN PROJECT UPLAND AVE. TO ALCOVE AVE. Parcel 34 - Permanent Easement PERIMETER SURVEY OF A 0.2883 ACRE PARCEL LOCATED IN SECTION 26, BLOCK AK LUBBOCK COUNTY, TEXAS Cyril H. Turner, Registered Professional Land Surveyor No. 6460 State of Texas OF hCij~��F,V ��`'QFo��Z . ........................... CYRIL HOWARD TURNER ,�•••��wuo��•��•••�• �i�� 60 �Pi �` i�-9� •°'�ESS�° �O�I, Surveyed on the ground March 20, 2023 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS �uBBOCK, TEXAS 79401 TEXAS LICENSEb SURVEVING FIRM 100676-00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.0002485 Copyright 2023, Hugo Rccd and Associatcs, Inc. Page 2 of 2