HomeMy WebLinkAboutResolution - 2019-R0354 - Accepting Land From Milwaukee Ltd. To Be Used For Mcalister Park - 09/24/2019 Resolution No. 2019-R0354
Item No. 6.28
September 24, 2019
RESOLUTION
WHEREAS, Milwaukee, Ltd., a Texas Limited Partnership is the owner of a 56.00
acre tract of land out of Section 30, Block AK, Lubbock County, Texas(the"Land"); and
WHEREAS, the Land is currently a Stormwater Collection and Drainage Easement
for the City of Lubbock (the "City"), a home-rule municipal corporation, in the State of
Texas; and
WHEREAS, Milwaukee, Ltd. desires to convey the Land to the City; and
WHEREAS, Milwaukee, Ltd. agrees to complete excavation and grading of the Land
in a form acceptable to the City Engineer of the City of Lubbock, or his or her designee, prior
to the conveyance of the Land and acceptance of the Land by the City; and
WHEREAS, Bacon Crest, Ltd., a Texas Limited Partnership wishes to donate
$2,000,000.00 to the City for the purpose of revitalizing and developing McAlister Park and
in consideration of the City accepting the Land from Milwaukee, Ltd; and
WHEREAS, the City Council of the City of Lubbock, as the governing body of the
City of Lubbock, believes that it is in the best interest of the health, safety and welfare of the
citizens of Lubbock to accept the Land; NOW THEREFORE:
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 General Warranty Deed associated with certain
property in Lubbock County, Texas, owned by Milwaukee, Ltd., in a form approved by the
City Attorney for the City of Lubbock, and all related documents. Said General Warranty
Deed form is 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, and such documents shall only be executed after the
completion of the excavation and grading of the Land as approved by the City Engineer of the
City of Lubbock, or his or her designee.
Passed by the City Council on September 24,2019
DANIEL M. POPE, MAYOR
ATTEST:
)ZX"J--9 jlx�"
Rebe ca Garza, City Secre ary
APPROVED AS TO CONTENT:
-V?Uadie
Brooke Witcher, Assistant City Manager
APPROVED AS TO DORM:
Ry 1 B ookc,, Assistant City Attorney
RES.General Warranty Deed -- McAlister-Milwaukee
9.17.19
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY 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.
GENERAL WARRANTY DEED
DATE: day of , 2019
GRANTOR: Milwaukee, Ltd., a Texas Limited Partnership
GRANTOR'S MAILING ADDRESS:
7703 La Salle Avenue
Lubbock, Lubbock County, Texas 79424
GRANTEE: City of Lubbock, Texas, a Texas Municipal Corporation
GRANTEE'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
CONSIDERATION:
Ten Dollars ($10.00) and other good and valuable consideration.
PROPERTY (including any improvements):
The property that is the subject of this General Warranty Deed is commonly
described as a 56-acre tract of land situated in Section 30, Block AK, Lubbock
County, Texas according to the map,plat and/or dedication deed thereof recorded in
County Clerk File Number (CCFN) 2013048114, Official Public Records of
Lubbock County, Texas (the "Property"), and being further described in "Exhibit
A" attached hereto, together with improvements to the Property (the
"Improvements"), and the personal property and fixtures associated with the
Property (the `'Personal Property").
RESERVATIONS FROM CONVEYANCE:
None
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
None
General Warranty Deed—Milwaukee Ltd.to City of Lubbock I 1
GENERAL WARRANTY:
Grantor, for the Consideration and subject to the Reservations from Conveyance
and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to
Grantee the Property, together with all and singular the rights and appurtenances
thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs,
successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and
successors to warrant and forever defend all and singular the Property to Grantee
and Grantee's heirs, successors, and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires,singular nouns and pronouns include the phlrab
SIGNATURES
FOR THE GRANTOR:
Name: Signature
Name: Printed
Date
ACKNOWLEDGMENTS
FOR GRANTOR
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on this day of ,
2019,by
Notary Public, State of Texas
My commission expires:
General Warranty Deed—Milwaukee Ltd.to City of Lubbock 12
EXHIBIT A
Delta Land Surveying, LLC
) 1 3307 82nd Street, Suite J
Lubbock, TX 79423
806-701-5707
DELTA
www.deltalbic.com
LAND SURV EYI Na
Metes and Bounds Description on a 56.00 acre (2,439,322.8 Sq. Ft.)tract of land being the same
tract of land described in County Clerk File Number(CCFN) 2013048114, Official Public Records of
Lubbock County,Texas (OPRLCT), and CCFN: 2017022953, OPRLCT, and out of the Section 30, Block
AK, Lubbock County,Texas,and being more particularly described as follows:
Beginning at a found 1/2" iron rod in the East line of the plat limits of Pecan Plantation described in
Volume 1589, Page 169, Deed Records of Lubbock County,Texas(DRLCT),for the most Westerly
Southwest corner of the plat limits of Lots 134-203, Primrose Pointe, an Addition to the City of
Lubbock, Lubbock County,Texas,as recorded in CCFN:2014002175, OPRLCT, and for the Northwest
corner of this tract;
Thence 588'10'52"E,with the South line of the plat limits of said Lots 134-203, Primrose Pointe, an
Addition,for this and the following calls, 175.45 feet to a found 1/2" iron rod with orange cap(AMD
Engineering)for a corner of this tract;
Thence S43°10'52"E, 14.14 feet to a found 1/2" iron rod with orange cap (AMD Engineering)for a
corner of this tract;
Thence S01°49'08"W, 287.99 feet to a found 1/2" iron rod for a corner of this tract;
Thence S88°10'52"E, 672.63 feet to a found 1/2" iron rod with orange cap(AMD Engineering)for a
corner of this tract;
Thence N46°49'08"E,64.00 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 for a
corner of this tract;
Thence S88°10'52"E, 14.14 feet to a found 1/2" iron rod with orange cap (AMD Engineering)for a
corner of this tract;
Thence S43°10'52"E, 82.69 feet to a found 1/2" iron rod with orange cap (AMD Engineering)for a
corner of this tract;
Thence Southeasterly,with the arc of a curve to the left, an arc distance of 125.67 feet to a found
1/2" iron rod with orange cap (AMD Engineering)for the end of said curve to the left and for a
corner of this tract; said curve having a radius of 80.00 feet, a central angle of 90'00'11",and a
chord that bears S88°10'52"E, a chord distance of 113.14 feet;
Thence N46*49'08"E, 207.00 feet to a found chiseled "x" in concrete for a corner of this tract;
Thence S88°10'52"E, 21.21 feet to a found chiseled crow's foot in concrete for a corner of this tract;
Thence S43010'52"E, 246.00 feet to a found 1/2" iron rod with orange cap(AMD Engineering)for a
corner of this tract;
Texas License Firm Number 10194496A
Delta Land Surveying, LLC
)_ _j
330782nd Street, Suite J
Lubbock, TX 79423
"Am! 806-701-5707
13121.71 � www.deltaibk.com
LAND SURVEYING
Thence Southeasterly, with the arc of curve to the left,an arc distance of 1.13.00 feet to a found
1/2" iron rod with orange cap(AMD Engineering)for the end of said curve to the left and for a
corner of this tract; said curve having a radius of 72.00 feet, a central angle of 89°55'09", and a
chord that bears S88°09'06"E, a chord distance of 101.75 feet;
Thence N46'49'08"E,at 85.00 feet pass a found 1/2" iron rod with orange cap (AMD Engineering)
for the Southeast corner of the plat limits of said Lots 134-203, Primrose Pointe, an Addition,
continuing for a total distance of 215.00 feet with the plat limits of Lots 69-133, Primrose Pointe, an
Addition to the City of Lubbock, Lubbock County,Texas, as recorded in CCFN: 2012047575, OPRLCT,
to a found chiseled "x" in concrete for a corner of this tract;
Thence S88°10'52"E, with said plat limits of Lots 69-133, Primrose Pointe,an Addition,for this and
the following calls, 21.21 feet to a found chiseled "x" in concrete for a corner of this tract;
Thence 543010'52"E, 187.19 feet to a found 1/2" iron rod with orange cap (AMD Engineering)for a
corner of this tract;
Thence Southeasterly, with the arc of a curve to the left, an arc distance of 139.02 feet to a found
1/2" iron rod with orange cap(AMD Engineering) for the end of said curve to the left and for a
corner of this tract; said curve having a radius of 177.00 feet, a central angle of 4500'00", and a
chord that bears S65°40'52"E, a chord distance of 135.47 feet;
Thence 588'13'59"E, 270.26 feet to a found 1/2" iron rod with orange cap(AMD Engineering)for a
corner of this tract;
Thence Northeasterly, with the arc of a non-tangent curve to the left,an arc distance of 112.91 feet
to a found 1/2" iron rod with orange cap(AMD Engineering)for the end of said curve to the left and
for a corner of this tract;said curve having a radius of 72.00 feet, a central angle of 89051'07", and a
chord that bears N46*54'52"E, a chord distance of 101.69 feet;
Thence N01°53'09"E,89.80 feet to a found 1/2" iron rod with orange cap (AMD Engineering)for the
most Northerly Northeast corner of the plat limits of said Lots 69-133, Primrose Pointe, and
Addition,for the Southeast corner of the plat limits of Lots 37-68, Primrose Pointe, an Addition to
the City of Lubbock, Lubbock County,Texas, as recorded in CCFN: 2011002948, OPRLCT, and for a
corner of this tract;
Thence N01'47'56"E,with the plat limits of said Lots 37-68, Primrose Pointe, an Addition,for this
and the following calls, 264.94 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 for
a corner of this tract;
Thence Northeasterly, with the arc of a non-tangent curve to the right, at an arc distance of 51.90
feet pass a found 1/2" iron rod with orange cap(AMD Engineering)for the Northeast corner of the
Texas License Firm Number 10194496
Al
Delta Land Surveying, LLC
),40 1 3307 8216 Street, Suite J
Aff— Lubbock, TX 79423
806-701-5707
1312M www.deltalbk.com
I_,I�
LAND SURVEYING
plat limits of said Lots 37-68, Primrose Pointe, an Addition and for the Southeast corner of the plat
limits of Lots 1-36, Primrose Pointe, an Addition to the City of Lubbock, Lubbock County,Texas, as
recorded in CCFN: 2008033408, OPRLCT, continuing for a total distance of 114.97 feet with the plat
limits of said Lots 1-36, Primrose Pointe, an Addition to a found 1/2" iron rod with orange cap (AMD
Engineering)for the end of said curve to the right and for a corner of this tract; said curve having a
radius of 970.00 feet, a central angle of 0647'29",and a chord that bears N05012'10"E,a chord
distance of 114.91 feet;
Thence N08°36'47"E,with the plat limits of said Lots 1-36, Primrose Pointe, an Addition,for this and
the following calls,363.87 feet to found 1/2" iron rod with orange cap (AMD Engineering)for a
corner of this tract;
Thence N50'15'44"E, 22.42 feet to a found 1/2" iron rod with orange cap (AMD Engineering)for a
corner of this tract;
Thence S88°59'07"E, at 188.30 feet pass a found 3/8" iron rod,continuing for a total distance of
197.42 feet to a point for the most Northerly Northeast corner of this tract;
Thence S38°13'38"E, 21.20 feet to a found 1/2" iron rod with orange cap(AMD Engineering) in the
West Right of Way line of Milwaukee Avenue described in Volume 9683, Page 275, OPRLCT,for the
most Easterly Northeast corner of this tract;
Thence 50150'19"W, leaving the plat limits of said Lots 1-36, Primrose Pointe, an Addition, with the
West Right of Way line of said Milwaukee Avenue, 1152.19 feet to a point for the Northeast corner
of Tract"A", Milwaukee Pump Station Addition to the City of Lubbock, Lubbock County,Texas, as
recorded in CCFN: 2006022298, OPRLCT, and for a corner of this tract;
Thence S43050'31"W, leaving said Milwaukee Avenue,with the plat limits of said Tract "A",
Milwaukee Pump Station Addition, at 1.02 feet pass a found 1/2" iron rod, continuing for a total
distance of 21.21 feet to a point for a corner of this tract;
Thence N88°14'55"W,with the plat limits of said Milwaukee Pump Station Addition and with the
North line of that tract described in CCFN: 2011029741, OPRLCT, at 1.55 feet pass a found 1/2" iron
rod with orange cap(AMD Engineering), continuing for a total distance of 730.00 feet to a found
1/2" iron rod for the Northwest corner of said tract described in CCFN: 2011029741, and for a
corner of this tract;
Thence S01052'10"W,with the West line of said tract described in CCFN: 2011029741, for this and
the following calls, a distance of 51.97 feet to a found 1/2" iron rod with yellow cap(HRA)for a
corner of this tract;
Texas License Firm Number 10194496
Al
Delta Land Surveying, LLC
330782nd Street, Suite J
A,)-.gAdm2i Lubbock, TX 79423
806-701-5707
"I'' 1A www.deltalbk.com
LAND S U RV EYI N G
Thence S88'12'08"E, 15.00 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 for a
corner of this tract;
Thence S42°59'31"E, 21.21 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 for a
corner of this tract;
Thence 501*52'21"W, 689.00 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 for
the Southwest corner of said tract described in CCFN: 2011029741 and for a corner of this tract;
Thence S88°07'50"E,with the South line of said tract described in CCFN: 2011029741, a distance of
85.00 feet to a found 1/2" iron rod with orange cap(AMD Engineering)for the Southwest corner of
said Tract"A", Milwaukee Pump Station Addition and for the Northwest corner of the plat limits of
Tracts "H-1"through "11-1-10", Primrose Pointe,an Addition to the City of Lubbock, Lubbock County,
Texas, as recorded in CCFN: 2019006403,OPRLCT, and for a corner of this tract;
Thence S01°52'10"W,with the plat limits of said Tracts "H-1"through "H-10", Primrose Pointe, an
Addition, 581.02 feet to a found 1/2" iron rod with orange cap (AMD Engineering)for the
Southwest corner of the plat limits of said Tracts "H-1"through "11-1-10", Primrose Pointe, an
Addition and for a corner of this tract;
Thence N88'09'34"W, 85.10 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 for a
corner of this tract;
Thence S01°48'55"W, 220.00 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 for
a corner of this tract;
Thence S88009'34"E,at 375.00 feet pass a found nail and shiner(AMD Engineering)for the
Southwest corner of Tract"D", Playa Vista Addition to the City of Lubbock, Lubbock County,Texas,
as recorded in CCFN: 2015006457, OPRLCT, continuing with the South line of said Tract "D", Playa
Vista Addition a total distance of 420.13 feet to a set 1/2" iron rod with blue cap marked DELTA
RPLS 6684 for a corner of this tract, whence a found 1/2" iron rod with orange cap(AMD
Engineering) bears S88'09'34"E, 24.91 feet;
Thence S01053'11"W, leaving said Tract"D", Playa Vista Addition, 161.29 feet to a set 1/2" iron rod
with blue cap marked DELTA RPLS 6684 for a corner of this tract;
Thence S88°02'32"E, 25.00 feet to a found 1/2" iron rod for the Northwest corner of Tract"A",
Freddy's Addition to the City of Lubbock, Lubbock County,Texas, as recorded in CCFN: 2013034216,
OPRLCT, and for a corner of this tract;
Thence S01053'11"W, with the West line of said Tract"A", Freddy's Addition, at 160.00 feet pass a
found 1/2" iron rod for the Southwest corner of said Tract"A", Freddy's Addition and for the
Northwest corner of Tract"A", First Capital Bank Addition to the City of Lubbock, Lubbock County,
Texas License Firm Number 10194496 r
Deita Land Surveying, LLC
),4421 330782 nd Street, Suite J
Lubbock, TX 79423
806-701-5707
130.710A www.deltalbk.com
L A N G TURVEYING
Texas, as recorded in CCFN: 2016006558, OPRLCT,at 310.00 feet pass a found 1/2" iron rod with
yellow cap (HRA)for the Southwest corner of said Tract"A", First Capital Bank Addition and for the
most Northerly Northwest corner of Tract "A", Collier Addition to the City of Lubbock, Lubbock
County,Texas, as recorded in CCFN: 2018007738, OPRLCT, continuing for a total distance of 360.02
feet to a found 1/2" iron rod with yellow cap (HRA)for a corner of this tract;
Thence N88'04'49"W, with the plat limits of said Tract"A", Collier Addition,for this and the
following calls, 149.49 feet to a found 1/2" iron rod with yellow cap for the most Westerly
Northwest corner of said Tract"A",Collier Addition and for a corner of this tract;
Thence 501'45'21"W, 110.00 feet to a found chiseled "X" in concrete for a corner of said Tract"A",
Collier Addition,for the Northeast corner of Tract "A", Playa Vista Addition to the City of Lubbock,
Lubbock County,Texas, as recorded in CCFN:2007020876, OPRLCT, and for the Southeast corner of
this tract;
Thence N88005'33"W, at 25.04 feet pass a chiseled crow's foot in concrete for a corner of said Tract
"A", Collier Addition, at 203.96 feet pass a found 1/2" iron rod for the Northwest corner of said
Tract"A", Playa Vista Addition and the Northeast corner of that tract described in CCFN:
2008009562, OPRLCT, continuing for a total distance of 545.62 feet to a found 1/2" iron rod with
orange cap(AMD Engineering)for the Northwest corner of said tract described in CCFN:
2008009562 and for the Northeast corner Tract"B", Playa Vista Addition to the City of Lubbock,
Lubbock County,Texas, as recorded in CCFN: 2008024510, OPRLCT, and for a corner of this tract;
Thence N43006'40"W,with the plat limits of said Tract"B", Playa Vista Addition, for this and the
following calls, 176.78 feet to a point for a corner of this tract;
Thence N88001'59"W, 170.05 feet to a found 1/2" iron rod with orange cap (AMD Engineering) in
the East line of Tract"C", Playa Vista Addition,for the Northwest corner of said Tract"B", Playa
Vista Addition and for the Southwest corner of this tract;
Thence N01'46'49"E, leaving the plat limits of said Tract"B", Playa Vista Addition, with the East line
of said Tract"C", Playa Vista Addition, at 49.90 feet pass a found 1/2" iron rod with orange cap
(AMD Engineering), at 217.47 feet pass a found 1/2" iron rod with yellow cap(HRA)for the
Northeast corner of said Tract"C", Playa Vista Addition, with the East line of the tracts described in
CCFN: 2008024979, OPRLCT,Volume 1953, Page 786, DRLCT,Volume 9237, Page 99, OPRLCT,
Volume 1699, Page 382, DRLCT, and Volume 1549, Page 805, DRLCT, at 1061.43 pass a found 1/2"
iron rod for the Southeast corner of that tract described in CCFN: 2013035562, OPRLCT,at 1169.43
feet pass a found 1/2" iron rod for the Northeast corner of said tract described in CCFN:
2013035562, continuing with the East line of said tract described in Volume 1549, Page 805, and
with the East line of the tracts described in Volume 6525, Page 71, Real Property Records of
Texas License Firm Number 10194496
Delta Land Surveying, LLC
3307 82"d Street, Suite J
Lubbock, TX 79423
806-701-5707
www.deltalbk.com
LAND SURVEYING
Lubbock County, Texas, (RPRLCT), and that tract described as Tract II in CCFN: 2016021197, OPRLCT,
for a total distance of 2198.63 feet to a set 1/2" iron rod with blue cap for the Northeast corner of
said Tract 11 described in CCFN: 2016021197 and for a corner of this tract;
Thence N88°09'55"W,with the North line of said tract described as Tract 11 in CCFN: 2016021197,
with the North line of that tract described as Tract I in CCFN: 2016021197, and the North line of that
tract described in CCFN:2012039251, OPRLCT, at 520.00 feet pass a found 1/2" iron rod for the
Northwest corner of said tract described in CCFN: 2012039251, and for the Northeast corner of that
tract described in CCFN: 2018033998, OPRLCT, at 962.00 feet pass a found 1" iron pipe for the
Northwest corner of said tract described in CCFN: 2018033998, continuing with the North line of
that tract described in Volume 6482, Page 292, RPRLCT,for a total distance of 1320.00 feet to a
found 1/2" iron rod for the Northwest corner of said tract described in Volume 6482, Page 292,for
the Southeast corner of the plat limits of said Pecan Plantation Subdivision, and for a corner of this
tract, whence a found 1/2" iron rod bears N88'09'55"W, 6.82 feet;
Thence N01`47'20"E,with the East line of said Pecan Plantation Subdivision,498.52 feet to the
Point of Beginning.
Bearings are based on the State Plane Coordinate System—Texas North Central Zone (NAD83).
Distances are actual surface distances.
Delta Land Surveying Job No. 19115 and 19116
OF
Date:August 29, 2019
..i.....................
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ADAM N. LIGHT
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�a 6684
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A m N. Light
Registered Professional Land Surveyor No. 6684
Texas License Firm Number 10194496 ���
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