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Home My WebLink AboutResolution - 2024-R0036 - Dedication Deed, Gary & Betty Kernell, Sect 39, Block AK, GC & SF R.R. - 01/23/2024Resolution No. 2024-R0036 Item No. 6.14 January 23, 2024 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 Dedication Deed in connection with certain real property located in the Section 39, Block AK, GC & SF R.R. Co. Survey, Lubbock County, Texas, to be utilized for streets, public use, right of way, utilities, and other public purposes, and all related documents. Said 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 January 23, 2024 ATTEST: Paz, City Secretary APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: . ` Amy L' s, Deputy torney RES.Dedication Deed- Section 39, Block AK Resolution No. 2024-R0036 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Upland Avenue — 34th Street to SO�h Street Parcel No. 4 3410 Upland Avenue, Lubbock, Texas 79407 BLK AK SEC 39 AB 228 TR A6 CITY OF LUBBOCK STREET. PUBLIC USE AND RIGHT OF WAY DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT Gary Kernell, a single man, and Betty Kernell, a single woman, herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to him/her in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, Grantor does hereby grant, sell, and convey to Grantee for public use forever and for street right-of-way and utility purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A". GRANTOR agrees to grant the property described in Exhibit "A" and releases the City of Lubbock from the obligation of obtaining an appraisal under Chapter 21 of the Texas Property Code. TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public street purposes. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Street, Public Usc and Right of Way Dced Ver. 8.1023 WITNESS MY HAND this ��day of i�,,c�•�✓ , 2023 GRANTOR: Gary Kernell, a single man, an ty Kernell, a single woman Gary Ke eli Betty K ell ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the o?a� day of �,c�j/ , 2023 by Gary Kernell, a single man. The ackno�vledging person personally appeared by: �physically appearing before me. ❑ appearing by an interactive two-way audio and video communication that meets the requirements for q��}ne notarization under Texas Government Code chapter 406, subchapter C. `��n u�i�,,� \��` � p.M ES ��i,�� `.�0��'2�Pf1Y P��` FG'��' • �. �+�': 2 % _ � N� y _ NOTARY P LIC, STATE OF TEXAS ; '••.'o FOF �`�b�• ; My Commission Expires: /0 - �{— d-0?-� ��i E` �' ��34689�.�•'� .�• � .j-p 1 �� ''�.,,��;oioaiZ°�.�``� ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the �� day of %,.��c�r.lrt.✓ , 2023 by Betty Kernell, a single woman. The acknowledging person personally appeared by: �physically appearin� before me. ❑ appearing by an interactive two-way audio and video communication that meets the requirements for��pniim�,��tarization under Texas Goverrunent Code chapter 406, subchapter C. .�`��\ JPM ES �c�''�� \`p��O�PPY P�/6� ��'� �� . ' V� 2 �� 2' �.a�'w Li.J�- _ �'�► � y _ NOTARY P LIC, STATE OF ; ��. +� ; ;.'••.�a F oF � �w,: `,� My Commission Expires: 10 -`f - d�o a} '�i �C` �'• �34689�.•' 1 �`�� •�� .�.A • �0�, \�� Grantee's Adc�fe,ss�0�Q4;,��``� City of Lubbock 1314 Avenue K, 7`h Floor Lubbock, TX 79401 Street, Public Use nnd Right of Wn� Decd Ver. 8.IQ23 EXHIBIT "A" RIGHT OF-WAY DESCRiPTIQN — PARCEL R127813 Field notes describing a 0.04 acre Right-of-Way out of the remainder of a called 3.00 acres tract of land located in Sectfon 39, Block AK, of the GC & SF R.R. Co. Survey, Lubbock County, Texas. Being a 0.04 acre tract of land out of the remainder of a called 3.40 acres tract of land described in a deed to Gary and Betty Kemell, recorded in County Clerk File Number 2005041119, Official Public Records, Lubbock County, Texas, situated in Section 39, BlockAK, of the GC & SF R.R. Co. Survey, Lubbock Texas, and further described by metes and bounds as follows; BEGINNING at a Point for the Northeast corner of this tract (N: 7,27Q,205.52', E: 910,467.52'), in the South line of the remainder of a called 2.00 acres tract, described in a deed ta James Duane and Jane Ann Armstrong, recorded in Volume 3266, Page 102, Official Public Records, Lubbock County, Texas, and on the West line of a 40 feet wide Lubbock Counfy Right-of-Way Easement for Upland Avenue described in Volume 486, Page 428, Official Public Records, Lubbock County, Texas, from which a Railroad Spike (N: 7,270,713.46', E: 910,524.09') Found for the Northeast corner of said Secfion 39, bears South 88°08'03° East, 40.00 feet and North 01 °51'57" East, 509.51 feet; THENCE South 01°51'S7" West, along the West line of said Upland Avenue, a distance of 120.32 feet ta a Point on the common South line of said called 3.00 acre tract and North line of a called 2.72 acres tract described in a Special Warranty Deed to D& M Myers Trust, recorded in County Clerk File Number 2U18047T91, Official Pub(ic Records, Lubbock County, Texas, for the Southeast comer of this fract; THENCE North 88°08'03" West, along said common line, a distance of 15.00 feet to a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY° (N: 7,270,085.75', E: 810,448.61') Set for the Southwest corner of this tract, from which a 1/2 inch iron pipe Found for reference to the Southwest comer of said called 3.00 acres tract, bears North 88°08'03" West, 304.36 feet; THENCE North 01°51'S7" East, a distance of 120.32 feet to a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" (N: 7,270,206.01', E: 910,452.53') Set in the South line of said called 2.00 acres tract for the Northwest comer of this tract, from which a 1 inch iron pipe Found for the Southwest corner of said called 2.00 acres tract, bears North 88°08'03" West, 304.99 feet; THENCE South 88°08'03" East, along the South line of said called 2.00 acres tract, a distance of 15.00 feet to the POINT OF BEGINN(NG and containing within these calls a calculated area of 0.04 acxe (1,805 square feet). Page 1 of 3 EXHIBIT "A" Bea�(ngs shown hereon are referenced to the Texas Coo�dinate System of 1983, North Central Zone, and are based an the North American Datum of 1983, 2011 Adjustment. All coordinates shown hereon are Surtace values displayed in US Survey Feet and may be converted to Grid values by dividing those SurFace values by a Surface Adjustment Factor of 1.00021. All distances shown hereon are SurFace values displayed in US Survey feet and may be converted to Grid �alues by dividing those SurFace values by a Surface Adjustment Factor of 1,00021. This written description is accompanied by a survey plat which covers the identical parcel that is described herein, signed and sealed on even date herewith and is he�eby made a pa�t of this document. I, Jeffrey L. Fansler, a Registered Professional Land Surveyor in the State of Texas, hereby certiiy that this description and plat represent an on-the-ground survey made under my supervision. r�F ..... 4348 Jeffrey L. Fansler Date Registered Professional Land Surveyor Texas Registration No. 4348 Cobb, Fendley � Associates, Inc. TBPELS Land Surveying Firm No. 10046700 7727 QuakerAvenue, SuiteA, Lubbock, Texas 79424 Page 2 of 3 ��D�i I I '{O��On«AQ�vp9r � p p O �b„��y�2m II II m � � � I �OO�=A2.<i�� u —� n N � I v� ��C 70 W � -+� ��s�� I � ��¢�"p r�r�bzmoa � '� m � �� g�$��°��{� G'"i 'z � �`� bz� �� i � � �� Z �Z ` 'o€� o� �� Dy � � A O�� c"' m m$� n�� O �� c b � - oD �� ao Om� �nm ��°n $� � Z � � 0 � �o � �� n �� g�� D � �� J � � � � � A Pm'� �y� �1"a b � �� r � o � � b�� c { o A � F 3� � � �� n � � � n oa� �� o � m � f'i` N 0 � e�� ' ~•qi E � � � � � � z W � W O � � � N m � z � � O � � g+ a � w �� s g � � � � � � a � � � � � � m � � � �� . � gm c c.� �'� ��. �g �d �� e� `d o •' Iz cc�CD 0 �i� y� y � m �� . � � �.�� 5 a � �� _� �� g�� N � � � �� g ��$. ��z �� 5 �� s� �gm �� g� �� T � � J �� w � � � A -.� cni � a 0 � A J O � �"I 2 �m V A oZ V � �o �m� mn� o�g W A � � �� ? � A �� o 0 � �r � � rm n• � i � ��z ��n �vg Zp � � n� � pp InV ��j� ` 0 10 N (� I E�0 O Og �(�/� ('D') C~TI �w ,o�oin t��fm/��' Ic ° �`� �C o� ru± n-�i I � � � � � � � � � N O n � 0 N P � / N88°08'03"W 304.36' � � � � Z Z� O � o��r � �� m�� rn� m oD�N o�o� w� s�° '`p"' �'' N � � o � � � 304.99' N88°OS'03"W � Z b a i m I � 2 0 CT � m � 0 m ; I�w � N pp I � � I � Z � p N o I �� f � O � m �o � I r t�o I �, I � �' �m I � c� I a mz� � V Z �� _Z __ � "0 �� — �, � N Z ��g v a � Ono 0�� :��o� ��$� �g� `"�� my /\ _ � —�I � : City of Lubbock Capital Project Project Cost Detail �anuary 23, 2024 Capital Project Number: 92815 Capital Project Name: Upland Ave: 34th to SOth Street - 22B Encumbered/Expended Budget Staff - Full Time $ 23,942 Contract 17074 for Design Services by Freese and Nichols 1,639,143 Amendment 1 to Contract 17074 with Freese and Nichols 393,388 Agenda Item January 23, 2024 Parcel3 - ROW Acquisition Parcel 4 - ROW Acquisition Parcel 13 - ROW Acquisition Parce120 - ROW Acquisition Encumbered/Expended To Date Estimated Cost for Remaining Appropriation Land Acquisition and Construction Remaining Appropriation Total Appropriation 9,580 14,619 72,692 858 2,042,111 1,957,889 $ 4,000,000 Project scope Upland Avenue from 34th Street to 50th Street is currently a two-lane paved road and is designated in the 2018 Thoroughfare Master Plan to become a five-lane Principal Arterial (Modified). Continued growth in west Lubbock has increased traffic demands along the Upland Avenue corridor from 34th Street to 50th Street. This thoroughfare will include the ultimate design of a five-lane undivided thoroughfare with curb and gutter, drainage, streetlights, sidewalk improvements, utility adjustment and right of way acquisition services. 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: 01/2023 Design Completion: 01/2024 Bid for Constuction:01/2024 Award Construction: 03/2024 Project Completion: 09/2025 Project Location Upland Ave - 34th to 50th St PrOjeCt Appropriations Approprladon to Date 2023 - 24 Budget 2024 - 25 Budget Constructlon $4,000,000 $13,500,000 $0 TOTAL 54,000,000 513,500,000 f0 Project Highlights Council Priorities Addressed: Public Safety Community Improvement Growth and Development Project History 2025 - 28 Budget 2028 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget $0 $0 $0 $0 SO ZO SO SO PYojeCt Funding Funding to Date 2023 - 24 Budget 2024 - 25 Budget 2025 - 26 Budget 2028 • 27 Budget 2027 - 28 Budget 2028 - 29 Budget Generel Obligation Bonds $4,000,000 $13,500,000 $0 $0 $0 $0 $Q TOTAL E4,000,000 513,500,000 SO SO t0 SO EO Operating Budget Impacts Description No Impact Anticipated TOTAL 0' Powered hy OpenGov 2023•24 202425 So So so so 2025-26 $o SO zois.z� zo2�.Z8 So So SO SO 2028•29 Total So So So SO �� $ �� g � �� Q Q C �� c g v� � �� a� � �av �� ¢� II� 3 � � �v � e b � 3 o cc oo � rn cn � w r� � Z � �-c�-� A r % � URBANA AVE � �� r � JjJ -' ' i1 � ! �i �1 � �i J � � I � � � � � � � J J J r: � .� � � J J J A CJl � V OD c� O � N W I I � uriwi(r+a � .. _ i. � i�'4 � �qy ��. _ r, �'�9� 'pr , � �� N ; ` o ; � �'F � � J O ... . � g 7 t � � � � � � aA � � � . � a � ,� . . ' .:. N • ": � � � � .�`■i' • e MES1E! � .; _ s . ' w � � � - _ -'s.; � � � .'� , �. � �, � N� ' i''}' r I �. ;. , .- _ �1 � °' ' � rt I 1 � ,� � � 0 �� I `° r,Y W �� f� g O m� � T - ' - + � + � O � .. w I�`C! , UPLAND AVE I � y q ! �• ¢. .� � �� '—'—'�'—`� �'--"'`�`'—'—`��`�� I M+• � � V! � I � (� A � � o � n�i w �' cv'i, �. D D D D D 1� D � �� . . �� t w � ��s. � I � �. TURNER AVE � F�,� '�� d � � ,, � o � r^: /. A C� � , �,�. i� !j' �D allo vfl ,%.aNi cNi, � y � �,�. y Gr � � � � � a: � _ � -� �, �•o _ � � � � y � .�. 7 �� I � � � � � W � t � I � =� - �� 'N w� a� , o N � '� �� N � . ,�+e,�r�, 'J