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Home My WebLink AboutResolution - 2024-R0088 - Street, Public Use, ROW Dedication Deed, Section 39, Block AK - 02/27/2024Resolution No. 2024-R0088 Item No. 7.11 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 property located in Section 39, 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 FehrLarv�, 2024 ATTEST: Cou ney Paz, City Secre ary APPROVED AS TO CONTENT: r � Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: ..� � 'ms, Depu ' Attorney RES. Street and ROW Deeds- Section 39, Block AK Resolution No. 2024-R0088 2024013953 7 PGS DEED NOTICE OF CONFIDENTl'ALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMO i�E OR STRIKE ANY OR ALL OF THE FOLLOWINC INFORMATIDN FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER. Upland Avenue — 34'" Street to SO�h Street Parcel No. 1 3404 Upland Avenue, Lubbock, Texas 79407 BLK AK SEC 39 AB 228 TR Al1A C1TY OF LUBBOCK " STKEET, PUBLiC USE AND RIGHT OF WAY DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT Chad Moore and wife, Amanda Moore, 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 forcver and for street right-of way and utility pu�poses, 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 PAGEJ Street, Pubhc Use and R�gh[ oC Way Dccd Ver R 10 23 WITNESS MY HAND this � 0 day of �t N, 2023. GRANTOR(S): Chad Moore and wife, Amanda Moore �'�" `' �. Chad Moore L� V "C.+ Amanda Moore ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the ,�f N day of r'h �'L.. , 2023 by Chad Moore. The acknowledging person personally appeared by: �,physically 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, subchapter C. �,a�,�i'�+�► JAYSON HANDY i:� •• A''+�,1: Notary Public, State of Texas "��,�� z Comm_ Expires 09-13-2026 �''�'��„��:�`'� Notary ID 134000613 � N LIC, � S y Commission Expires: �% — — ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the I�N day of _ 1 �V �pf 6��__, 2023 by Amanda Moore. The acknowledging person personally appeared by: � physically 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, subchapter C. .� a��"� j�Ni, JAYSON HANDY t'o►r.. �� f��,�Notary Public, Scate �t Texas s��t,.�� : Comm. Expires 09-13-2026 �.i��` NotarylD 13a000613 N , My Commission Expires: l'1 �/ 3� Z02�_ Street, Public Use and Right of Way Deed Ver 8 10 23 Grantee's Address: City of Lubbock 1314 Avenue K, 7`h Floor Lubbock, Texas 79401 Street, Public Use and Right of Way Deed Ver 8 l0 23 EXHIBIT "A" RIGHT-OF-WAY DESCRIPTION — PARCEL R127192 Field notes describing a 0.04 acre Right-of-Way out of a called 0.90 acre tract of land located in Section 39, Block AK, of the GC S SF R.R. Co. Survey, Lubbock County, Texas. Being a 0.04 acre tract of land out of a called 0.90 acre tract described in a Warranty Deed with Vendor's Lien to Chad and Amanda Moore, recorded in County Clerk File Number 2018036068, 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 1/2 inch iron rod with yellow cap stamped "Hugo Reed & Assoc." (N: 7,270,557.27', E: 910,478.98') Found for the Northeast corner of this tract on the common North line of said called 0.90 acre tract and South line of a called 1.30 acre tract desc�ibed in a Warranty Deed to Harold Wayne and Kathleen Anne Kyle, recorded in County Clerk File Number 2013047547, Official Public Records, Lubbock County, Texas, and on the West line of a 40 feet wide Lubbock County 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 Section 39, bears South 88°11'17" East, 40.00 feet and North 01 °51'57° East, 157.54 feet; THENCE South 01 °51'S7" West, along the West line of said Upland Avenue, a distance of 109.48 feet to a 1/2 inch iron rod Found for the Southeast comer of this tract on the common South line of said called 0.90 acre tract and North line of a called 0.96 acre tract described in a deed to Steven Ross Richardson, recorded in County Clerk File Number 2008003296, Official Public Records, Lubbock County, Texas; THENCE North 88°17'01" 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: 7,270,448.30', E: 910,460.41') Set for the Southwest corner of this tract, from which a 1/2 inch iron rod with yellow cap stamped °Hugo Reed 8� Assoc.° Found for the Southwest corner of said called 0.90 acre tract, bears North 88°17'01" West, 305.13 feet; THENCE No�th 01°51'57" East, a distance of 109.50 feet to a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" (N: 7,270,557.74', E: 910,463.99') Set for the Northwest comer of this tract on the common North line of said called 0.90 acre tract and South line of said called 1.30 acre tract, from which a 1/2 inch iron rod with yellow cap stamped "Hugo Reed & Assoc." Found for the Northwest corner of said called 0.90 acre tract, bears North 88°11'17" West, 305.19 feet; THENCE South 88°11'17" East, along said common line, a distance of 15.00 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 0.04 acre (1,642 square feet). Page 1 of 3 EXHIBIT "A" Bearings shown hereon are referenced to the Texas Coordinate System of 1983, North Central Zone, and are based on the North American Datum of 1983, 2011 Adjustment. All coordinates 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. All distances shown hereon are Surface values displayed in US Survey feet and may be converted to Grid values by dividing those Surtace 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 Sunreyor in the State of Texas, hereby certify that this description and plat represent an on-the-ground survey made under my supervision. ` j . � , 11 I ;".F.'_ / ��s._• �1!...� r i � /. � Jeffrey L. Fansler Date Registered Professional Land Surveyor Texas Registration No. 4348 Cobb, Fendley B�Associates, Inc. TBPELS Land Surveying Firm No. 10046700 7727 Quaker Avenue, Suite A, Lubbock, Texas 79424 Page 2 of 3 . • Q H m _ W � a CS � � � � U Q' � � °a U � J �� a NaO.'Zo ��'�'�.�w^ � ��Q� V��Yt�i JU� LL U U � �i, W 0o v � � N � r � � �, � zui �N � �� i �� M.LL,41o86N ,s�'sos Z~ �U � W � V aa0. ��i�°aS oU� pw�$ UQOo J V � N L' LL �U .� ��5�£ MwLOdLo88N N � �~ U W J m�� U a Nallo � p O N �Opo ��g J V V N K2 mU U � v m � I o vi � � � ... 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I N 0 W � H 0 O Z d h � � da O � � � � 's N �rvm = l!1 n u► v add (�NO1 �^w Z � dl � � — � � W �l �� n: O K `t �a �� > � w � � � s z YQS�, � `�m� � � M� ��jLLl � � e LL 0 .m-1 �^ Z� UN w� zz � W i Q Z a � � U O � O O z LL U U g a m 0 � N � Y Q Y :J 0 m � � Z O U w � � M �� 8 � ��g $o� �s� � � g�� $� �� $ L� T a �� mv $ao �ZI �gii� � � � � � � a � � � � n 8 � i 8 � �� a� .� v w5 a� �s �� m� .� � �� W w r,�. � N � O � � m � � ;� � a � � � 0 Z � � � � A 's � a � � � � �� T �W E ��$ oi :! �'� � r�,� � dq �� H � 4, A�0 � � ��d , 3 � a Wsev m�Z � v Ny`�,� (A O� � V Z d U 7 �M � � � .U-� � � �� j a � �v � � V � � � O o xa •� W o � m $ �Q � � •-� W m = U W � 2 a � � W�R � � Wo o� 4arc � ��a' ��Z��¢ � 2 U O Z 7 J J a 3 2 Cj � (7 � �' � m U K�� Z LL � �}�CW7y�aa��ao��p� V ��Q �y a � 0o Wu'OWt�O��Zymn il n u ��J�S�jp u �uT7�� I Qa�p��n>�V?��z� I � Z u K 2 u p w n Zu J=�� I uia0n uul3�a[i.�a �n n I ��G.�°'(9�J>�O=��OtA I N �o� � W � � � � 2�i►�1 ��T��$ J � !'+� � � — � � �' g � �m� ao V N�� w� �N Q� �U o� � W W� J � U�� Q�H LL Y OV Q m 0 U Q M Y �Z� LL �m m _♦� � J V �Z; �QUi v�ipv �Z� �g� �O aU o� Q g N g m � �j (1 � �� 4 � `� ��5 h � o m ZMp� N -� � �� fn M (q FILED AND RECORDED OFFICIAL PUBLIC RECORDS h'� � �,� "- �, - * �5��,.,-: a�\ ! � 1 <<�! *� �r; � i ��`t� �;' ; ,� �n�,� � � -rYu...�.% c+ .�� a t �� c \O "? ;;,-y �� ! 0 'Op L� Kelly Pinion, County Clerk Lubbock County, TEXAS 04/05/2024 03:09 PM Recording Fee: $45.00 2024013953 Resolution No. 2024-R0088 2024013954 5 PGS EASE NOTICE OF CONFtDENTIALITY 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: YDUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER. Upland Avenue — 34'" Street to 50'" Street Parcel No. 1 3404 Upland Avenue, Lubbock, Texas 79407 BLK AK SEC 39 AB 228 TR Al1A CITY OF LUBBOCK SLOPE AND TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § DATE: � 1 J GRANTOR: Chad Moore and wife, Amanda Moore GRANTOR'S MAILING ADDRESS (including County): 3404 Upland Avenue, Unit #1 Lubbock, Lubbock County, Texas 79407 GRANTEE: CITY OF LUBBOCK GRANTEE'S MAILING ADDRESS (including County): 1314 Avenue K, 7`h Floor Lubbock, Lubbock County, Texas 79401 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. EASEMENT PROPERTY: BEING two tracts of land 16 feet in width and 29 feet in length on the west boundary line of the property described in the Street, Public Use and Right of Way Deed recorded of even date herewith. Grantor, for the Consideration paid to Grantor, hereby grants, sells, and conveys to Grantee, its successors and assigns, the use and passage on, over, across, below and along the Easement Property situated in Lubbock County, Texas, for the construction, operation, maintenance, upgrade, inspection and repair of a Permanent Slope Easement and for a Temporary Construction Easement on the Easement Property, more fully described in Exhibit A attached hereto and incorporated herein for all pertinent purposes. Slope and Temporary Construclion Easemenl Ver 8 11 23 It is further agreed and understood that Grantee will be permitted the use of said Easement Property for the purpose of slope and grading usage and maintenance and shall be allowed to determine the direction or grading thereof. Grantor shall agree not to modify or alter the property in any manner, which would jeopardize the integrity of the slope without Grantee's written consent. Any alteration or damage to the slope shall be repaired at Grantor's sole cost and expense. It is further agreed and understood that Grantee will be permitted the use of said Easement Property for access, ingress, egress and regress and for the storage of vehicles, storage of track-hoes, storage of front end loaders, storage of concrete trucks, storage of other vehicles and equipment, the storage of inen and materials, storage of tie-in pipe, street mix or materials and other materials and for all things necessary or related to Upland Avenue — 34'h Street to 50'h Street (the "Project") located in Lubbock County, Texas (the "Temporary Construction Easement"). The Temporary Construction Easement granted herein shall terminate and expire one (1) year after the final completion by Grantee of all construction activities or improvements related to the Project. Notwithstanding anything contained herein to the contrary, the Slope Easement granted herein shall continue after the expiration of the Temporary Construction Easement. The person signing this document on behalf of the Grantor warrants that he or she has the legal authority to execute this permanent easement for the purposes and consideration therein expressed, and in the capacity therein stated, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the Grantor. Grantee is fully entitled to rely on this warranty and representation in accepting this easement. Grantor acknowledges Grantee is a local government created under the authority of the state of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by Grantee of its right to claim exemptions, privileges, and immunities as may be provided by law. TO HAVE AND TO HOLD the above-described permanent easement, together with, all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, its successors and assigns, forever; and Grantor does hereby bind itself, its heirs, successors and assigns, to warrant and forever defend, all and singular, the said easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This document may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Slope and Temporary Construction Easement Ver 8 11 23 GRANTOR(S): . , �� Chad Moore �V L /. �� .. •� - ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the � day of �� , 2024 by Chad Moore and wife, Amanda Moore. The acknowledging person personally appeared by: �ysically 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, subchapter C. ��K� ' L� = NOTARY PUBLIC, STATE O' J ,,,�,,, � � a ;.�:,�YP�s, FR!{I�CI-I[SC�' M vr�� z My Commission Expires: _ �•��, •`�,�Notary Puolic, Stato of Texas ',�• �'�:�E ` Comm. Expires 07-17-2027 ;,,:....•�.�,' ''�:riii��`� Notary ID 12462i329 Grantee's Address: City of Lubbock 1314 Avenue K, 7`h Floor Lubbock, TX 79401 Slope and Temporary Construction Easement Ver S 11 23 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 Parcel4 - ROW Acquisition Parcel 13 - ROW Acquisition Parce120 - ROW Acquisition Agenda Item February 27, 2024 Parcel 1 - ROW Acquisition Parcel 19 - ROW Acquisition Encumbered/Expended To Date Estimated Cost for Remaining 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 Approprladon to Date 2023 - 24 Budget 2024 - 25 Budget Canstructlon 54,000,000 $73,500,000 $0 TOTAL 54,000,000 513,500,000 SO Project Highlights Council Priorities Addressed: Public Safety Community Improvement Growth and Development Project History 2025 - 26 Budget $0 t0 2026 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget $0 $0 $0 SO SO SO PrOjeCt Funding Funding to Date 2023 • 24 Budget 2024 • 25 Budget 2025 - 26 Budget 2026 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget Generel Obligation Bonds $4,000,000 $13,500,000 $0 $0 $0 $0 $0 TOTAL 54.000,000 513,500,000 ZO SO SO i0 f0 Operating Budget Impacts Descriptlon 2023-24 202425 2025-26 2026-27 2027•26 2028•29 Total No Impact Anticipated $0 $0 $� $0 $0 $0 $0 TOTAL SO EO SO SO EO SO SO 0' Powared by OpenGov � � N � � M � � � � ~ U� :. � I � �p z � � �, � rn �� v ( �� o o �` � s � � a ° � I , �s � t e� � ° o � � � . . v� I � �` G O M ., •3► �y ti C ' � � .�., � � �� ' ��,YJ e ... c� O '� y y � �ry �n'. � V� � l' Q "' Q �. 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