HomeMy WebLinkAboutResolution - 2024-R0087 - Street, Public Use, ROW Dedication Deed, Section 38, Block AK - 02/27/2024Resolution No. 2024-R0087
Item No. 7.10
February 27, 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 one (1) Street, Public Use, and Right-of-Way Dedication Deed in
connection with certain real properiy located in Section 38, Block AK of the GC & SF R.R. Co.
Survey, Lubbock County, Texas, to be utilized for the Upland 34th to SOth Street Roadway
Project, and all related documents. Said Deeds are 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 February 27,, 2024
T � A F, MA OR
ATTEST:
Courtney Paz, City Secretary
: ' ' : �Iif�17:�. I�CI iZ�Z1)► If-ll ��Y IA
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Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
.
. ims, Deputy City Attorney
RES. Street and ROW Deeds- Section 38, Block AK
Resolution No. 2024-R0087
NOTICE OF CONFIDENTIALITYRIGHTS: IF YOUAREA NATURAL PERSON, YOUMAY
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 SECD,RITYNUMBER OR YDUR DRIVER'S LICENSE NUMBER
Upland Avenue — 34�h Street to 50�h Street
Parcel No. 19
BLK AK SEC 38 AB 689 TR 9G LOWERY SUB
CITY OF L,UBBOCK
STREET, PUBLIC USE AND RIGHT OF WAY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY TI�SE PRESENTS:
COUNTY OF LUBBOCK §
THAT Shag Holdings, LLC, a Texas limited liability company and Donald Dean Trew
and wife, Charlotte Ann Trew, herein called "GRANTOR", for and in consideration of the sum of
TEN AND NO/l00 ($10.00) DOLLARS and other good and valuable consideration, to him/her in
hand paid by the CITY OF L,UBBOCK, TEXAS, a Home Rule Municipal Cocporation, Grantor
does hereby grant, sell, and co�vey to Gcantee 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 properly 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.
GRANTOR is retaining title to the following improvements ("Retained Improvements")
located on the Property, to wit: Pipe Fencing (appz 435 LF)
GRANTOR covenants and agrees to remove the Retained Improvements from the Property
by 30 days after closine, subject to such extensions of time as may be granted by Grantee in writing.
In the event Grantor fails, for any reason, to remove the Retained Improvements within the time
prescribed, then, without further consideration, title to all or part of such Retained Improvements
not so removed shall pass to and vest in Grantee, its successors and assigns, forever.
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 Use and Right of Way Deed Ver. 8.10.23
WITNESS MY HAND this 22 day of � r , 2024
GRANTOR(S):
Shag Holdings, LLC, a Texas limited liability company and
.,
T �" �
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Keith McNeese, Member anager
�
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Donald Dean Trew
� / , ' � J /
Charlotte Ann Trew
CORPORATE ACKNOWLEDGEMENT
STATE OF ��Q 1CQS
COUNTY OF L�•1nlooc�
�
This instrument was acknowledged before me on the � day of 2024
by Keith McNeese, as Member/Manager of, Shag E-Io(dings, LLC, a Texas limited liabi ty c pany.
The acknowledging person personally appeared by:
�sically appearing before me.
❑ appearing by an interactive two-way audio and video communication that meets the requirements
for online notarization under Texas Government Code chapter 406, subchap�er C.
;�;�°�`�'�RE;:; JANIE FLORES NOTARY PUBLI , ATE OF
'•�� '••= My Nofary ID # 8696315 xpires: ��- •
`';�':;� :t'� � Expires November 4, 2027
Stree� Public Use and Right of Way Deed Ver. 8.10.23
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF G�S
COUNTY OF � d �
n wled ed before me on the da of
This instrument was ack o g � Y
by Donald Dean Trew.
The acknowledging person personally appeared by:
�hysica(ly appearing before me.
�� � � �
1
❑ appearing by an interactive two-way audio and video communication that meets the requirements
for online notarizat�o��µ���yxas Government Code chapter 406, subchapter C.
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YI�iDIVIDUAL ACKNOWLEDGEMENT
STATE OF O�-
COUNTY OF
�
This instru�ment was acknowledged before me on the � day of
by Charlotte Ann Trew.
The acknowledging person personally appeared by:
�f physically appearing before me.
2024
❑ appearing by an interactive two-way audio and video communication that meets the requirements
for online notarizat�pn�l�tlH�t'�F�s Govemment Code chapter 406, subchapter C.
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Grantee's Addr�9�;"�A 06/01120 �, �
City of Lubbock �''���,,,�,,,,�����``��
1314 Avenue K, 7'h Floor
NOT PUBLIC, STATE OF
My C mission Expires: 1 20
Lubbock, TX 79401
Street, Public Use and Right of Way Deed Ver. 8.10.23
EXHIBIT "A"
RIGHT-OF-WAY DESCRIPTION — PARCEL R301313
Field notes describing a 0.09 acre Right-of-Way out of a called 5.151 acres tract of land
located in Section 38, Block AK, of the GC & SF R.R. Co. Survey, Lubbock County, Texas.
Being a 0.09 acre tract of land out of a called 5.151 acres tract described in a Special Wa�ranty
Deed to Shag Holdings, LLC., recorded in County Clerk File Number 2022038358, Official
Public Records, Lubbock County, Texas, and a Special Warranty Deed to Donald Dean T�ew,
recorded in County Clerk File Number 2022040883, Official Public Records, Lubbock County,
Texas, situated in Section 38, Block AK, of the GC & SF RR Co. Survey, Lubbock County,
Texas, and is further described by metes and bounds as follows;
BEGINNING at a Point (N: 7,265,485.34' E: 910,408.82') for the Southwest corner of this tract
and being the same as the Southwest comer of said called 5.151 acres tract, on the North line
of 50th St�eet (Total 110 feet Right-of-Way) described in a St�eet Dedication Deed, reco�ded in
County Cierk File Number 2006054102, Official Public Records, Lubbock County, Texas, from
which a Railroad Spike (N: 7,265,432.14', E: 910,352.04') Found for the Southwest come� of
said Section 38, bears No�th 88°08'38" West, 55.00 feet and South 01°51'5T' West, 55.00 feet;
THENCE North 01°51'57" East, along the West line of said called 5.151 acres tract, a distance
of 39.98 feet to a 5/8 inch iron rod with yeliow cap stamped "C�BB FENDLEY BOUNDARY" Set
for the Northwest corner of this t�act:
THENCE South 43'08'35" East, a distance of 42.40 feet to a 5/8 inch iron rod with yellow cap
stamped "COBB FENDLEY BOUNDARY° Set for a corner of this tract;
THENCE South 88°08'38" East, a distance of 220.00 feet to a 5/8 inch iron �od with yellow cap
stamped "COBB FENDLEY BOUNDARY" Set for a corner of this tract;
THENCE South 85°16'19" East, a distance of 144.44 feet to a 5/8 inch iron rod with yellow cap
stamped "COBB FENDLEY BOUNDARY" Set for the No�theast corner of this tract on the
common East line of said called 5.151 acres tract and the West line of Lot 1 of the LS Farms
Addition to the City of Lubbock, Lubbock County, Texas, as recorded in County Clerk File
Number 2020025722, Official Public Records, Lubbock County, Texas;
THENCE South 07`43'08" West, along the said common line, a distance of 2.76 feet to a 318
inch iron rod with yellow cap stamped "HUGO REED & ASSOC." (N: 7,265,472.58', E:
910,802.86') Found for the Southeast corner of this tract and said called 5.151 acre tract and
being the same as the Southwest corner of said LS Farms Addition;
THENCE North 88°08'38" West, along the common South line of said called 5.151 acre tract
and the North line of said 50th Street, a distance of 394.25 feet to the POINT OF BEGINNING
and containing within these calls a calculated area of 0.09 acre (3,869 square feet).
Page 1 of 3
EXHIBIT "A"
Bearings shown hereon are referenced to the Texas Coordinate System of 1983, No�th Central
Zone, and are based on the North American Datum of 1983, 2011 Adjustment. All coordinates
shown hereon are Surtace values displayed in US Survey Feet and may be conve�ted to G�id
values by dividing those SurFace values by a Surface Adjustment Facto� of 1.00021. All
distances shown hereon are Surface 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. 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 hereby made a part of this
document
I, Jeffrey L. Fansler� a Registered Professional Land Surveyor in the State of Texas, he�eby
certify that this description and plat represent an on-the-ground survey made under my
supervision.
♦,.,�i , ���; i�1 , ,
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Jeffrey L. Fansler Date
Registered Professional Land Surveyor
Texas Registration No. 4348
Cobb, Fendley & Associates, inc.
TBPELS Land Surveying Firm No. 10046700
7727 Quaker Avenue, Suite A,
Lubbock, Texas 79424
����.�-.�. ���-��
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JEPFpEY� L FAPdSIER
.............,
���t.4 4348 � ,f.. r
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Page 2 of 3
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City of Lubbock
Capital Project
Project Cost Detail
February 27, 2024
Capital Project Number:
Capital Project Name:
92815
Upland Ave: 34th to SOth Street - 22B
EncumberedlExpended
Staff - Full Time
Contract 17074 with Freese and Nichols for Design Services
Contract 17074 Amendment 1 with Freese and Nichols
Parcel 3 - ROW Acquisition
Parcel 4 - ROW Acquisition
Parcel 13 - ROW Acquisition
Parcel 20 - ROW Acquisition
Agenda Item February 27, 2024
Parcel 1 - ROW Acquisition
Parcel 19 - ROW Acquisition
Encumbered/Expended To Date
Estimated Cost for Re�naining Appropriation
Land Acquisition and Construction
Remaining Appropriation
Total Appropriation
$
Budget
24,827
1,639,143
393,388
9,580
14,619
72,692
858
12,960
43,225
2,186,465
1,813,535
$ 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
Appropriatlon to Date 2023 - 24 Budget
Constructlon $4,000,000 $13,500,000
TOTAL 54,000,000 573,500,000
Project Highlights
Council Priorities Addressed:
Public Safety
Community Improvement
Growth and Development
Project History
2024 - 25 Budget 2025 - 28 Budget
$0 $0
so so
2028 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget
$0 $0 $0
so so so
Pr'ojeCt Funding
General Obligation Bonds
TOTAL
Funding to Date 2023 - 24 Budget 2024 - 25 Budget 2025 • 26 Budget 2028 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget
a4,000,000 $13,500,000 $0 $0 $0 $0 $0
54,000,000 513,500,000 SO i0 SO EO SO
Operating Budget Impacts
Description
No Impact Anticipated
TOTAL
�' Powered by OpenGov
2023-24
$0
SO
202425 2025-26
$0 $0
f0 SO
2026•27
$0
SO
2027-28 2028-29 Total
$0 $0 $ff
SO ZO SO
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