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Home My WebLink AboutResolution - 2023-R0493 - Concurrence Letter/Ded. Deed, Sct. 26, Block AK, Mitchell/Tornelli-Mitchell - 10/10/2023Resoution No. 2023-R0493 Item No. 5.10 October 10, 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 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 Dr. Tedd Mitchell and Dr. Janet Tornelli-Mitchell, 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 TRAY PAY�,`IGIAYOR ATTEST: Cou �tey Paz, City Secretary APPROVED AS TO CONTENT: i'��-�.� �� Michael Keenum, P.E., Division Director of Engineering/City Engineer : " : 1 D I : �7��T7► A . Amy ims, Deputy Ci y Attorney RES.Concurrence Let Street and Public Use Dedication Deed - Mitchell 10.5.23 Resoution No. 2023-R0493 STREET AND PUBLIC USE DEDICATION DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT TEDDY MITCHELL and JANET TORNELLI-MITCRELL, husband and wife, herein calied "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 O�' LUBBOCK, T'EXAS, 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 sin�ular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public purposes. � V�i�ITNESS MY HAND this _�,_ day of 2023. THE STATE OF TEXAS COUNTY OF LI7BBOCK § § § , I�� lG� TED Y CHELL � � �' / J�T TO LI- TCHELL BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared TEDDY NIITCHELL and JANET 'I'ORNELLI MITCHELL, known to me to be the person whose name is subacribed to the foregoin� instrument and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed. G tJNDER MY HAND AND SEAL OF QFFICE on the � 7� day of �Z��]Q� 2023. 06fTRA IaRKPA1RiCK � . NOtaty Put�, �ete oa Texas Notary IDst8887o�a Con�lpn dctober 31. 2�f Notary wflhoul Bond �� NOTARY PUBLIC, STATE F TEXAS My Commission Expires: 98TH STREET (UPLAND AVENUE TO ALCOVE) PROJECT Concurrence Letter/Owner Acknowledgment Date: ONT13h, 11), Parcel No- 35 Abbreviated Legal Description: A 0.3331 acre tract, being a portion of a 10.000 acre tract (Mitchell tract) located in Section 26, Block AK, Lubbock County, Texas, described under County Clerk File No. 2010015421 of the Official Public Records of Lubbock County, Texas Owner(s): Dr. Tedd Mitchell and Dr. Janet Tomelli-Kitchell, husband and wife 7622 98th Street Lubbock, Texas 79424 Current Lienholder: JPMorgan Chase Bank, N.A. Tenant: None Document Type(s): Street & Public Use Dedication Deed Consideration: $130,364.00, subject to final approval by the City of Lubbock's City Council mid 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 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. 35 by Atrium meal Estate Services, and 6. Survey Plat and Legal Description of Parcel No. 35 by 'Hugo Reed & Associates, Inc. Closing Agent: Lubbock Abstract & Title Company 1216 Texas Avenue Lubbock, Texas 79401 �- Concurrence. Dr. Tedd itchell Page I of I LIENHOLbER CONSENT THE STATE OF COUNTY OF That JPMORGAN CHASE BANK, N.A., a national banking 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 sufficiency 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. IN WITNESS WHEREOF, the said JPMORGAN CHASE BANK, N.A., 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 � 37 . M � '' �� I �I �Q I O� /O.OYIO Ap7E TRACT /O. G�00 AQ4E P.4RENT TRACT �� BR/AN d NANCY SCHRGL�OER TEDDY N✓ANET M/TCHELL � fCCFN c't�/702/7/4J (CQ�N.• c'YI/A01542IJ I �`� ^ � \ � � S88°10�06��E 263.81� � �--- --- NOl°49�34��E 55.00' � 0.3331 Acre Tract � PROPOSED PARCEL 34 ia,sio sy. fi. SOUTH LbYE G� SECT/QV 26, BLOpI AK /O. A�O ACRE TRACT CQ'Wl9E COGDELL (I�GY: /0286, PG:• 3491 r �S01°47'24"-W — — i� 55.00' PROPOSED PARCEL 36 NA4THL�A�SECT/pV23, BLOpCAK N88°j0��s��W 263.84� r POINT OF BEGINNING � THIS PC,INT BEARS S88°1006"E v�i 55'R/GHT-G�-WAY 98th ��/ 1319.53 FROM THE SWTHWEST (CCF/V 2t�2/023975) � CORNER OF S�CTION 26. BIOqC AK • Na7250004�5 /6.5'GTEEASEMENT(l�. 568B, PG. 2c�SJ E=905915.5 PROPOSED PARCEL 83 -------------------------------------------- 97.590 ACRE TRACT NCTQ4 Q SESE/INA GUT/ERREZ � (CGFN.� 20200336731 LEGEND: -SURVEYEDPROPERTY — — -ADIACENTPROPERTY - RIGHT•OF-WAY ----- -EASEMENT — — — — - PROPOSED PARCEL Q• SET 1/Z" ROD KICAP "HRA" � • FD. I/2" ROD CCFN- COUNTY CLERK FILE NUMBER. LUBBOCK COUNTY, TEXAS Revised: March 27, 2023 (to add scale) 98TH STREET DESIGN PROJECT UPLAND AVE. TO ALCOVE AVE. Parcel 35 - Permanent Easement PERIMETER SURVEY OF A 0.3331 ACRE PARCEL LOCATED IN SECTION 26, BLOCK AK LUBBOCK COUNTY, TEXAS .,,............ ,.b ............................., Land Survevor No. 6460 State of Texas _ �"' 0..' � Z SCALE: 1 "=100' ��...:'...�%'F�- , '�P'�,G ��e'��'•.`9 �: e- Fo : J� ........................... CYRIL HOWARD TURNER ��uu� u�� u�w��uw �� i� �60 �i �' �P' � �� :oF«� �o : ,� S Surveyed on the ground Note: No abstract of title or title commitment �vas provided to this surveyor. Record research done by this surveyor was made only for the purpose of determming the boundary of this property and of tl�e adjoining parcels. Recorded or unrecorded 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 LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING F�RM 10067600 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 coordmates are surface, U.S. Survey feet. Combined Scale Factor. L0002485 Copyright 2023, Hugo Rccd and Associatcs, Inc. Page I of 2 DESCRIPTION FOR PARCEL 35 METES AND BOUNDS DESCRIPTION of a 0.3331 acre tract, being a portion of a 10.000 acre tract (Mitchell tract) located in Section 26, Block AK, Lubbock County, Texas, described under County Clerk File No. 2010015421 of the Official Public Records of Lubbock County, Texas, said 0.3331 acre tract being further described as follows: BEGINNING at a 112" iron rod found (N=7250004.9', E=905915.5') in the South line of said Section 26, at the Southwest corner of said Mitchell tract, same being the Southeast corner of that 10.000 acre tract (Schroeder tract) described under County Clerk File No. 2017021714 of the Official Public Records of Lubbock County, Texas, which bears S. 88° 10'06" E. a distance of 1,319.53 feet from a railroad spike found at the Southwest corner of said Section 26, Block AK, Lubbock County, Texas; THENCE N. Ol °49'34" E., along the West line of said Mitchell tract and the East line of said Schroeder tract a distance of 55.00 feet to a 1!2" iron rod with cap marked "HRA" set for the Northwest corner of this tract; THENCE S. 88° 10'06" E. a distance of 263.81 feet to a 112" iron rod with cap marked "HRA" set in the East line of said Mitchell tract and the West line of that 10.000 acre tract (Cogdell tract) described in Volume 10286, Page 349, of the Official Public Records of Lubbock County, Texas, for the Northeast corner of tliis tract; THENCE S. O1 °47'24" W. along the the East line of said Mitchell tract and the West line of said Cogdell tract a distance of 55.00 feet to a 112" iron rod witli cap marked "HRA" set in the South line of said Section 26, Block AK for the Southwest corner of said Cogdell tract, the Southeast corner of said Mitchell 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 said Mitchell tract, a distance of 263.84 feet to the Point of Beginning. Contains: 0.3331 acres (14,510 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 tl�is survey may exist and encumber this property. Revised: March 27, 2023 (to add scale to page l) 98TH STREET DESIGN PROJECT UPLAND AVE. TO ALCOVE AVE. Parcel 35 - Permanent Easement PERIMETER SURVEY OF A 0.3331 ACRE PARCEL LOCATED 1N SECTION 26, BLOCK AK LUBBOCK COUNTY, TEXAS Cyril H. Turner, Reg�stered Professional Land Survevor No. 6460 State of Texas ��...OF. T�,� ,`P; •� � s r F,� ;,-(9 � F: �t� � o.J� ........................... CYRIL HOWARD TURNER � �� ::� ��60 �� J � �� Surveyed on the ground March 20. 2023 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS �ussoCK, 7ExAs �sao1 TEXAS LICENSED SURVEYING FIRM 700676-00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F•760 FAX: 806 / 763-3891 Bearings are relative ro 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 Facroc 1.0002485 Copyright 2023, Hugo Rccd and Associatcs, Inc. Page 2 of 2