Loading...
HomeMy WebLinkAboutResolution - 2024-R0140 - Dev. Agmt Contract 17488, Red Canyon Dev, Chad Michael Henthorn, Bushland Spring - 04/09/2024Resolution No. 2024-R0140 Item No. 5.30 March 26, 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 execute and on behalf of the City of Lubbock, the Development Agreement Contract No. 17488 for construction of a 2-lane extension on Quaker Avenue from 146th Street to Woodrow Road, by , between the City of Lubbock and 146'h & Quaker, LLC, Chad Henthorn, Red Can� Development, LLC, 14 Texas Real Estate, LLC, and Bushland Springs, LLC and rel� documents. Said Agreement is attached hereto and incorporated in this resolution as if fully forth herein and shall be included in the minutes of the City Council. Passed by the City Council on March �5, 2(�24 ATT :ST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: � �/ Erik Rejino, Assistant City Manager APPROV�D AS 1'O I�ORM: � — elli Leisure, Senior Assistant City Attorney ccdocslRES.development agreement Quaker 146'h to Woodrow 2.27.24 Resolution No. 2024-R0140 STATE OF TEXAS § COUNTY OF LUBBOCK § DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF A PORTION OF QUAKER AVENUE This Development Agreement ("Agreement") Contract No. 17488 is entered into this��thday of March , 2024 by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City") and Red Canyon Development, LLC, 146th & Quaker, LLC, Chad Henthorn, l4 Texas Real Estate, LLC, and Bushland Springs, LLC (the "Developers"). WHEREAS, Developers are the owners of certain real property adjacent to Quaker Avenue, located within the corporate limits of the City; and WHEREAS, in lieu of waiting for the City to construct a 2-lane extension on Quaker Avenue from 146th Street to Woodrow Road (the "Project"), the Developers will construct the Project in order that construction commence sooner, and in turn the Developers will receive credits (in the amount of their respective participation) towards roadway impact fees that will otherwise be due from the development at the time of platting; and WHEREAS, the portion of Quaker Avenue that is the subject, details thereof, and the associated opinion of probable cost (the "Contract Price") of the Developers' Project are provided in Exhibit "A", attached hereto and incorporated herein; and WHEREAS, each Developer's participation shall be in the amount set forth in Exhibit "B", attached hereto and incorporated herein, including the County of Lubbock who shall not be a party to this agreement, but have executed a separate agreement for funding a portion of the Project, attached hereto and incorporated herein as Exhibit "C"; and WHEREAS, the City shall participate in the cost of the Project at an amount not to exceed 30 percent (30%) of the total contract price, in accordance with the Texas Local Government Code Sec. 212.702(b)(1). W ITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations set forth herein, the sufficiency of which is hereby acknowledged, the City and Developers hereby agree as follows: SECTION 1 Developers Activities lUl Developers shall proceed in a diligent manner to completion of the Project in accordance with all applicable federal and state laws, City of Lubbock Code of Ordinances, and City of Lubbock policies. Completion of such improvements Page 1 of 6 shall occur within eighteen (18) months after execution of this agreement. Completion of the Project shall not be deemed to have occurred unless and until the City shall have accepted such improvements as being in compliance with the terms of this Agreement and federal, state, and local laws. 102 Developers shall comply with applicable laws related to private performance of public improvements, including without limitation, Subchapter C of Chapter 212 of the Local Government Code. SECTION 2 Cit Participation 201 The City shall, subject to the terms hereof, participate in the Project in an amount not to exceed, one million two hundred seventy-four thousand eight hundred ffty and 00/100 Dollars ($1,274,850.00), based on the actual bid prices of the Project. It is expressly hereby represented and warranted by Developers to City that the total Contract Price regarding this project is estimated to be four million two hundred forty-nine thousand five hundred and 00/100 Dollars ($4,249,500.00). 202 The City shall pay to Developer the actual bid price amount, as limited herein not to exceed $1,274,850.00 upon completion of the Project and inspection and acceptance thereof by the City. It is expressly stipulated that the City shall owe no funds to Developers unless and until the Project is completed in accordance with all state laws, City of Lubbock Code of Ordinance provisions, and City of Lubbock policies. 203 Under no circumstance or event shall the participation of the City exceed thirty percent (30%) of the total Contract Price contemplated by subchapter C of Chapter 212 of the Texas Local Government Code. In the event such participation, as computed and limited herein by the "not to exceed" sum provided in Section 2.01, above, shall so exceed thirty percent (30%) of the Contract Price, the City shall only be obligated to pay the lesser of thirty percent (30%) of the Contract Price, or the "not to exceed" sum provided in Section 2.01, above. In the case that the Project costs exceed the Contract Price attached, the Developers shall be solely responsible for any and all excess costs. SECTION 3 Performance Bond 3.01 Developers shall execute a Performance Bond for the construction of the Project to ensure completion of the Project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. The bond shall be submitted to the City Engineer of the City of Lubbock on or before beginning any work on the Project. In the event such performance bond is not so submitted, this Agreement shall be null and void and of no force and effect. SECTION 4 Additional Safe uards 4.01 All of Developers' books and other records related to the Developers' construction Page 2 of 6 of the Project shall be available for inspection by the City upon reyuest. Developer shall furnish actual contract documentation to the City that depicts the actual costs of the Project prior to request for payment from the City. SECTION 5 Term 5.01 The term of this Agreement shall begin on the date of execution of this Agreement by City and end upon the complete performance of all obligations by each party to this Agreement. SECTION 6 Indemnitv 6.01 Developers agree to defend, indemnify, and hold City, its officers, agents, employees, and elected officials, harmless from and against any and all claims, lawsuits, liabilities, judgments, costs and expenses for any harm for which recovery of damages is sought that may arise out of, be occasioned by or related to �evelopers' breach of any of the terms or provisions of this Agreement. SECTION 7 Events of Default / Remedies 7.01 A default shall exist if any party fails to perform or observe any material covenant or obligation contained in this Agreement, or if any material representation and/or warranty provided for herein is not true or correct. The non-defaulting party shall notify the defaulting party in writing upon becoming aware of any event that constitutes a default. Such notice shall specify the nature of the default and what action, if any, the non-defaulting party requires or proposes to require with respect to curing the default. 7.02 If a default shall occur and be continuing, after ten (10) days written notice to cure such default, the non-defaulting party may pursue any and all remedies it may be entitled to at law, contract, equity, or otherwise, including without limitation, termination of this Agreement. It is agreed that failure to declare this Agreement terminated upon the default of Developers for any of the reasons set forth above shall not be construed as a waiver of any of the City's rights hereunder or otherwise bar or preclude City from declaring this Agreement terminated as a result of any subsequent violation of any of the terms or conditions of this Agreement. All of such remedies are expressly cumulative and the exercise of one or more remedies shall not preclude the simultaneous or subsequent exercise of different or additional remedies. SECTION 8 Miscellaneous 8.01 This Agreement is performable in Lubbock County, Texas, and venue for any action arising out of this Agreement shall be exclusively in Lubbock County, Texas. This Agreement shall governed by and construed in accordance with the laws of the State of Texas. 8.02 Any notice required by this Agreement shall be deemed to be properly served, if: Page 3 of 6 (i) Provided in person, email, or by telephonic facsimile; or (ii) Deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, (4) days after depositing such notice in the United States mail, as set forth above. For City: City Manager City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 Facsimile No. 806-775-2051 jatkinson « m��lubbock.us with copy to: Mike Keenum City Engineer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Facsimile No. 806-775-3074 mkeenum n m� liibbock.us For Developers: Red Canyon Development, LLC Thomas K. Payne, Manager P.O. Box 64664 Lubbock, Texas 79464 146th & Quaker, LLC Attn: Jay Pickering 4901 Lakeridge Drive Lubbock, Texas 79424 tro�pickecin�: ir,�ahoo.com Chad Michael Henthorn 4204 104th Street Lubbock, Texas 79423 chad u teincr.com Page 4 of 6 � 14 Texas Real Estate, LLC Attn: Andrew Mitchell 1201 South Taylor Street Amarillo, Texas 79101 amitchell �r tootntotum.com Bushland Springs, LLC 8213 Alcove Avenue Lubbock, Texas 79424 tre� strong �t,hotmail.com 8.03 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, except as may otherwise be provided herein, such invalidity, illegality or unenforceability shall not in any way affect any other provision hereof and this Agreement shall be considered as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 8.04 City and Developers each bind themselves and their successors and assigns to the other parties of this Agreement. Developers represents and warrant to City that it (i) possesses the requisite power and authority to execute, deliver and perform this Agreement; (ii) has taken all actions and formalities necessary to authorize Developers to execute, deliver and perform this Agreement; and (iii) the party executing for and on behalf of each Developer has been duly authorized to act in such behalf for each Developer. 8.05 City and Developers herein recognize that the continuation of any agreement at the close of any given fiscal year of the City of Lubbock, Texas, which fiscal year ends on September 30 of each year, shall be subject to Council budget approval of the City, providing for or covering such agreement item as an expenditure therein. The City does not represent that said budget item will actually be adopted as this determination is within the sole discretion of the City Council. 8.06 The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 8.07 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. Page 5 of 6 CITY OF LUBBOCK: TRAY , OR ATTEST: Courtney Paz, City Secretary APPROVED AS T CONTENT: � M hael Ke , P. ., FM ivision Di e or of En�ineerm�/ 0 Engineer DEVELOPERS: DEVELOPMENT, LLC: Thomas P �. 146TH & QUAKER, LLC: � ^ J Pic ring, Manager CHAD HENTHORN: Chad Henthorn, Owner iey 14 TEXAS REAL ESTATE, LLC: Andrew Mitchell, Manager BUSHLAND SPRINGS, LLC: Robert Wood, Manager Jack (Trey) F. Strong III, Manager Page 6 of 6 APPROVED AS TO FORM: CITY OF LUBBOCK: TRAY PAYNE, MAYOR ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Michael Keenum, P.E., CFM Division Director of Engineering/City Engineer APPROVED AS TO FORM: Kelli Leisure, Senior Assistant City Attorney DEVELOPERS: RED CANYON DEVELOPMENT, LLC: Thomas Payne, Manager Blake Womble, Manager 146TH & QUAKER, LLC: Jay Pickering, Manager CHAD Chad Henthorn, Owner 14 TEXAS REAL ESTATE, LLC: Andrew Mitchell, Manager BUSHLAND SPRINGS, LLC: Robert Wood, Manager Jack (Trey) F. Strong III, Manager Page 6 of 6 CITY OF LUBBOCK: TRAY PAYNE, MAYOR ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Michael Keenum, P.E., CFM Division Director of Engineering/City Engineer APPROVED AS TO FORM: Kelli Leisure, Senior Assistant City Attorney DEVELOPERS: RED CANYON DEVELOPMENT, LLC: Thomas Payne, Manager Blake Womble, Manager 146TH & QUAKER, LLC: Jay Pickering, Manager CHAD HENTHORN: Chad Henthorn, Owner 14 TEXAS REAL ESTATE, LLC: , Andrew Mitchell, Manager BUSHLAND SPRINGS, LLC: Robert Wood, Manager Jack (Trey) F. Strong ITI, Manager Page 6 of 6 CITY OF LUBBOCK: TRAY PAYNE, MAYOR DEVELOPERS: RED CANYON DEVELOPMENT, LLC: Thomas Payne, Manager ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Blake Womble, Manager 146TH & QUAKER, LLC: Michael Keenum, P.E., CFM Division Director of Engineering/City Engineer APPROVED AS TO FORM: Kelli Leisure, Senior Assistant City Attorney Jay Pickering, Manager CHAD HENTHORN: Chad Henthorn, Owner 14 TEXAS REAL ESTATE, LLC: Andrew Mitchell, Manager BUSHLAND obert VJ�po�j, Manager Jack LLC: Strong III, Manager Page 6 of 6 .� T?Pnnl.�.t:yk� tYt1. � ��r�i'tp^�-nv-1/�il tfFY OF LUBSqCK HOW �@��`i�47'ER FILING THE STATE OF TEXAS COUNTY OF LUBBOCK 2024038967 8 PGS DED �Ill I�'� 0� ���' I�L� h��i�i��'h�� Y� r N�� �I II I STREET llEDICATION DEED . KNOW ALL MEN BY THESE P�ESENTS: � THAT Red Canyon Development, LLC, 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, does hereby dedicate to the public for public use forever and for street right-of-way 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 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. WITNESS MY HAND this (o � day of July, 2023. Red LLC � - �/ Print: Thom Title: Plans Capital Bank By: , Print: Greg Allen Title: Bank Officer THE STATE OF TEXAS COUNTY OF LUBBOCK � �� BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Thomas K. Payne, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity herein stated as the act and deed of said R�l CAVti�,�, C�e�,2.l,ov�v�Q,rt+, L�� GIVEN UNDER MY HAND AND SEAL OF OFFICE this Zc� f� day of July, 2023. �'"� MARISSA AUBREY Notary PuWic, SUde of Texas Notery IDIi 13�8-1 My conndssion E�ires 1a23�2023 THE STATE OF TEXAS COUNTY OF LUBBOCK Notary Public in and for the State of Texas My Commission Expires: � 0- 23 -� 23 _. _ � 0 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Greg Allen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that helshe executed the same for the purposes and consideration therein expressed and in the capacity herein stated as the act and deed of said �� �u,�.,� t�7we�oan�rl, (,u. GIVEN IJNDER MY HAND AND SEAL OF OFFICE this 2(�#�'� day of July, 2023. � �" MARISSA AUBREY �► �ry' PuDfic, St�te of Tezas Not8ry iDi 1�7 ' MY Cormxs�on fa�plres 1a23�2023 Notary Public in and for the State o exas My Commission Expires: �0- 23 -7.4� x _ EXHIBIT "A" PERIMETER SURVEY OF A 5.123 ACRE TRACT LOCATED IN SECTION 6, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 760, LUBBOCK COUNTY, TEXAS — — hq47HLIlEQ�'SEC77qV 6� BLAp(AK — —� NOTPLATTED N��°45'36"E_ LM�D0�4f1ER�REDCANYGyypEy£�p9HENTLLC 65.00�--- f CQ�T<. ZO/7036785 / S88° 14'24"E 84.94� �Q F� l�%., F�� V J S�� O� W �m � �� 0 � �� � �� O O� ` 9 a � �� 4 �. � SCALE: I��=100� CONTAINS: 223,153 S�UARE FEET � � HEAVY LINES INDICATE PLAT LIMITS CONTROL MONUMENTS AS FOUN� & SHOWN CCFN - COUNTY CLERK FILE NUMBER R-O-W - RIGHT-OF-WAY O- SET I/2�� IRON ROD w/CAP MARKED ��HRA�� •- FD. I/2" IRON ROD w/CAP MARKED "HRA" O- FD. I/2" IRON ROD w/CAP MARKED "AMD�� o- FD. I/2" IRON ROD 20230419 / SAC (GRN) BEARINGS RELATIVE TO GRID NORTH, TEXAS COORDINATE SYSTEM OF 1983, NORTH-CENTRAL ZONE. A description of even survey date herewith accompanies this plat. Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas � J V � O � � �� Q �Q � �� O 2 c� � � \ a MATCH LINE � � � (SEE PAGE 2) b � M � N N L►1 M a' Z ��O �m �ipl Z� � U ��� � ��� U � H � � w � Q � M � ..Nr � � � � � - - �46�i �T�E-T- - pR-O-WBYPLAT ( CC.7�N.� 2021NJqp(,pq ) � 65. � � I � IL') � M 3 M V' � � � i 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 this survey may exist and encumber this properiy. Page 1 of 3 EXHIBIT "A" PERIMETER SURVEY OF A 5.123 ACRE TRACT LOCATED IN SECTION 6, BLOCK AK, E.L. 8c R.R. RAILROAD Co. SURVEY, ABSTRCT No. 760, LUBBOCK COUNTY, TEXAS (SEE PAGE 1) � � � � .� MATCH LINE lI/OT PLQ TTED LMD O{Nl£R� RED CANYQV DEY£LQ9fENT LLC / C0�7V.� 20/7YJ36785 J N46°42'34"E 42.43� NOl°42�34"E 75.00� � �� � SCALE: l��=100' CONTAINS: 223,153 SOUARE FEET HEAVY LINES INDICATE PLAT LIMITS CONTROL MONUMENTS AS FOUND & SHOWN CCFN - COUNTY CLERK FILE NUMBER R-O-W - RIGHT-OF-WAY O- SET I/2" IRON ROD w/CAP MARKED ��HRA" •- FD. I/2" IRON ROD w/CAP MARKED "HRA" � - FD. I�� IRON PIPE O- FD. I/2�� IRON ROD 20230419 / SAC (GRN) BEARINGS RELATIVE TO GRID NORTH. TEXAS COORDINATE SYSTEM OF 1983. NORTH-CENTRAL ZONE. A description of even survey date herewith accompanies this plat. Surveyed on the ground, January 23, 2023 M � � ti N W � (V tt 0 OIZ � C�' � W � � 0 O Z � �+ � H � U Q M N vi � � � � � � ti � TFUS POINT BEARS NOl°42'34"E 1329.18' FROA� 7'HE SOUTHEpST CORNER OF SECTION 6, BLOCK AI( 55.00 � TRACT A N88°31'S8"W COOPER WFST $ � l, ; H/GH SCHOOL �I s .� FYAT RELL'WpEO ( CQ9V� 2t72/P448g5 J� � S�EET DED/CA7X)VOEEO rc Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas �� � � � � � (V M (0 � � � 3 v M � D 0 � Page 2 of 3 N43°17'26"W i` 42.43� � J J � O � ^ � � b `Q' �� ` ��O O � V � �` O � � A7V.� 2q2/P9a896 J — -�� � � � � No abstract of ritle or title commitment was IJ provided to this surveyor. Record research done � I by this surveyor was made only for the purpose I of determining the boundary of this property and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. EXHIBIT "A" PERIMETER SURVEY OF A 5.123 ACRE TRACT LOCATED IN SECTION 6, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 760, LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 5.123 acre tract located in the Section 6, Block AK, E.L. & R.R. Railroad Company Survey, Abstract No. 760, Lubbock County, Texas being a portion of that 407.91 acre tract, described under County Clerk File Number 2017036785, Official Public Records of Lubbock County, Texas, said 5.123 acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "AMD" found at the Northeast comer of that 407.91 acre tract described under County Clerk File Number (CCFI� 2017036785, Official Public Records of Lubbock County, Texas (OPRLC'I�, said point also being the Northeast comer of Section 6, Block AK, Lubbock County, Texas; THENCE S. O1°42'34" W., along the East line of said Section 6 and the Eastern boundary of said 407.91 acre tract, at 85.07 feet pass a found 1/2" iron rod found, continuing along said 407.91 acre tract and the East line of said Section 6, a total distance of 3956.32 feet to a point at the Northeast corner of that portion of Quaker Avenue as described under CCFN 2021044896, OPRLCT, for the Southeast comer of this tract, whence the Southeast comer of said Section 6 and the Southeast comer of said 407.91 acre tract bears S. O1 °42'34" W. a distance of 1329.18 feet; THENCE N. 88°31'S8" W., along the Northem boundary of said portion of Quaker Avenue, a distance of 55.00 feet to a 1/2" iron rod with cap mazked "HUGO REED & ASSOC." set for the Northwest comer of said portion of Quaker Avenue, the most Easterly Northeast comer of Tract A, Cooper West High School, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under CCFN 2021044895, OPRLCT, and the Southwest corner of this tract; THENCE N. 01°42'34" E. a distance of 942.47 feet to a 1/2" iron rod with cap marked "HLJGO REED & ASSOC." found; THENCE N. 43° 17'26" W. a distance of 42.43 feet to a 1/2" iron rod with cap marked "HiJGO REED & ASSOC." found; THENCE N. O1 °42'34" E. a distance of 75.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found; THENCE N. 46°42'34" E. a distance of 42.43 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. O1 °42'34" E., at 2049.53 feet pass a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found at the Southeast corner of that 8.044 acre tract as described under CCFN 2021039518, OPRLCT, continuing along the Eastern boundary of said 8.044 acre tract for a total distance of 2784.13 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found at the most Easterly Northeast corner of said 8.044 acre tract; THENCE N. 43°15'S5" W., conrinuing along the Eastem boundary of said 8.044 acre tract, a distance of 42.45 feet to a 1/2" iron rod with cap marked "HiJGO REED & ASSOC." found at the most Northerly Northeast corner of said 8.044 acre tract; THENCE N. O1°45'36" E. a distance of 65.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the North line of said Section 6 and the Northem boundary of said 407.91 acre tract, for the Northwest comer of this tract; THENCE S. 88°14'24" E., along the North line of said Section 6 and the Northem boundary of said 407.91 acre tract, a distance of 84.94 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances aze surface, U.S. Survey Feet A plat of even survey date herewith accompanies this legal description. Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Page 3 of 3 FILED AND RECORDED OFFICIAL PUBLIC RECORDS * t c. Kelly Pinton County Clerk Lubbock Coun�y TEXRS 0S/10/2024 03:�3 PM FEE: g41.00 2024018967 Re�oliition No. 2024-R0140 _ `_ . . ._ . ... . . . � ��'�x�aX �� �. . . __..� ��[)C'I� RUV'V f �OIU�-�t F�I;1�C`' THE STATE OF TEXAS COUNTY OF LUBBOCK 202401$868 4 PGS DED ' ���II� �� �����i� F���� ��h I'��iK'�I�� �I.ii I � STREET DEDICATION DEED § § § KNOW ALL MEN BY THESE PRESENTS: THAT Chad Michael Henthorn, 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, does hereby dedicate to the public for public use forever and for street right-of-way purposes, the following described tract of land situated in Lubbock County, Texas, as more particulazly described in the attached Exhibit "A". 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. WITNESS MY HAND this �r� day of July, 2023. Cha THE STATE OF TEXAS COUNTY OF LUBBOCK By: Print: Gll� Fle�tr/ Title: �[.�.�' Pn�rn�r�r-c�r� BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Chad Michael Henthorn, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity herein stated as the act and deed of said . GNEN UNDER MY HAND AND SEAL OF OFFICE this �_�ay of July, 2023. �'""'���"""'y; BETTINA SANCHEZ �__ Notary Public, State ot Texas � NOtaty ID# 12852732-5 �,������pnroa����a` My Commission Ezpires 03�02•��i Notary ' in and for the State of Texas My Co i ion Expires: ��3LQ�,t�c7�-�? �,_,_, EXHIBIT "A" PERIMETER SURVEY OF A 0.0821 ACRE TRACT LOCATED IN Tf-IE NORTHWEST QUARTER Ot� SECTION 3, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. t88, LUBBOCK COWTY, TEXAS I NOT PLA TTED I LAAD OfHIlER /46TH B O(/qKE7; LLC I � CG7 N 102/0395/B / I — —THIS POINT BEARS S01°42'34"W '' 847.59� FROM THE NORTHWEST CORNER OF SECTION 3, BLOCK AK � J Z � �� Q �� � �� �Q� _ �, N ° � J SCALE: 1���50' CONTAINS: 3,575 SOUARE FEET HEAVY LINES INDICATE PLAT LIMITS CONTROL MONUMENTS AS FOUND 8� SHOWN CCFN - COUNTY CLERK FlLE NUMBER R-O-W - RIGHT-OF-WAY O- SET I/2�� IRON ROD w/CAP MARKED "HRA" �- FD. I/2�� IRON ROD w/CAP MARKED ��HRA" o- F0. I/2" IRON ROD w/CAP MARKED "AMD" O- FD. I/2�� IRON ROD 202304i9 / SAC (GRN) BEARINGS RELATIVE TO GRID NORTH, TEXAS COORDINATE SYSTEM OF 1983, NORTH-CENTRAL ZONE. A description of even survey date herewith accompanies this plat. Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas NOT PLq TTED CAAD OM11ER CJ/AO A00/AE[. FENT7K.IPN / CCEN ZOI/0495681 No abstract of titic or title commitment was provided to this surveyor. Record research donc by this surveyor was made only for the purpose of dctermining thc boundary of this property and of thc adjoining parccls. Rccord documents othcr than thosc shown on this survcy may cxist and cncumbcr this properry. Pagc 1 of 2 � IIVOT PLATTED LAAt701MER AH/KZ'ONGS, [LC r� � ( Gt�N Zt72/03777G! � • � � � � � NOT PLA TTED � LAAD 0�411ER B(/y;q4p,Sf�q/y65, CLC ! CO�N Et�/BON7273 / � V ti � � � �d � � � J � h W S88°17'22"E �-- 55.00' —`_`�' ° o 0 �ci co 0 0 �i cn w � � (V �• O i 0.0821 3 Acre Tract � M N � O � � 55.00' N88°17'22"W EXHIBIT "A" PERIMETER SURVEY OF A 0.0821 ACRE TRACT LOCATED IN TFIE NORTi1WEST QUARTER OF SECTION 3, BLOCI� AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 188, LUBBOCK COUVTY, TEXAS METES AND BOLJNDS DESCRIPTION of a 0.0821 acre tract located in the Northwest Quarter of Section 3, Block AK, E.L. & R.R. Railroad Company Survey, Abstract No. 188, Lubbock County, Texas, being a portion of that 6.6532 acre tract, described under County Clerk File Number 2021049568, O�cial Public Records of Lubbock County, Texas, said 0.0821 acre tract being further described as follows: BEG[NNING at a 112" iron rod with cap marked "HUGO REED & ASSOC." set for the most Westerly Northwest corner of that 6.6532 acre tract described under County Clerk File Number 2021049568, Official Public Records of Lubbock County, Texas, for the Northwest corner of this tract, which bears S. O1°42'34" W. a distance of 847.59 feet from 1/2" iron rod with cap marked "AMD" found at the Northwest corner of Section 3, Block AK, Lubbock County, Texas; THENCE S. 88°l7'22" E., along the Northern boundary of said 6.6532 acre tract, a distance of 55.00 feet to a l/2" iron rod with cap marked "AMD" found at a corner of said 6.6532 acre tract and the Northeast corner oFthis tract; THENCE S. 01°42'34" W. a distance of 65.00 feet to a I/2" iron rod with cap marked "HUGO REED & ASSOC." set for the Southeast corner of this tract; THENCE N. 88° l7'22" W. a distance of 55.00 feet to a 1/2" iron rod with cap marked "HLJGO REED & ASSOC." set in the West line of said Section 6 and the Western boundary of said 6.6532 acre tract, for the Southwest corner of this tract, whence a 1/2" iron rod with cap mazked "AMD" found at the Southwest corner of said 6.6532 acre tract bears S. 01°42'34" W. a distance of 73939 feet; THENCE N. O1°42'34" E., along the West line of said Section 6 and the Western boundary of said 6.6532 acre tract, a distance of 65.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are surface, U.S. Survey Feet A plat oFeven survey date herewith accompanies this legal description. Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Page 2 of 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS * . c_ Kelly Ptnion County Clerk Lubboek Coun�y TEXAS 08/10/2024 03:�t3 PM FEE: a33.00 2024018968 -----�ic�svi�t�i�rr�e:�-�8��-R� 1 �0 �• . CIToY OF I�[�BBOC�IC�1tOW / COUNTER FIY,'}INGti� 2024018988 4 PGS DED � .�11 I�'� �'l+Q��i�� M�C�h� �l�����I;��l4V�� �I II I . � STREET DEDICATION DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT NHI Holdings, LLC, 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 hac►d paid by the CI1'Y OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever and for street right-of-way 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 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. VVITNESS MY HAND this o��� da of3�e��� y , 2023. NHI Holdings, LLC THE STATE OF TEXAS COUNTY OF LUBBOCK By: w . �...,. ..�. Prinh V�%G s � �-., �� /4._ ►.....� Title: /�'�a�� /�-�.,�,, y.."r v � BEFORE ME, the undersign�d a thori�y, a Notary Public in and for said County, Texas, on this day personally appeared �� t� �• �" known to me to be the person whose name �s subscribed to the foreg ng instrument an acknowledged to me that he/she executed the same for the purposes an nsideration therein expressed and in the capacity herein stated as the act and deed of said � ' b ete�er GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��day of.�lp, 2023. ,,,,,,,,,,, ; otv.aY.?o��.,; DELMA A CANTU z 2� �j • � c Notary Pubiic, Staie of Texas -�',;�1 :P � Comm. Expires 03-21-2027 ��'.q,rFOF��*�' r•aot�,ry ID 586272-9 �,��„���` Notary Pub ic in and or the S te T as My Commission Expires: = EXHIBIT "A" PERIMETER SURVEY OF A 0.8961 ACRE TRACT LOCATED IN THE NORTHWEST QUARTER OF I SECTION 3, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 188, � LUBBOCK COUNTY, TEXAS I — — — — o I�-6�i �-FR�'E�' POINT OF BECiIIdNIN(i A,q4TH �/IE A� SECTX,w .� B�oaY AK TFOS POINT BEARS SOle42�34uW p � R-O-WBYF�qT f CCFN� 2bc'qpqqS2qJ A DISTANCE OF 85.07 FROM ��S88°17�22��E�— _THE NORTHWEST CORNER OF — SECTION 3, e�ocK ac. � 65.00� / I � J Z l� �h I ^ Ob Q �o� I � �F _ �b I � � I � �W �'�m � Oq �M � b ry a� O �� =o 0 I N � � i CO � I I I I I I I I _ � Ll.� � M CV � O Z � � �a � � � J ti Q W � H d � c, 00 0 J� .� ►� �� t� I� �� O O O N N � M N � 0 � N O � � d' 0 �h O � � N � M N �t � N � O � - •' - N � sca�E: i"sioo' Q � CONTAINS: 39,033 SOUARE FEET W vs � HEAVY LINES INDICATE PLAT LIMITS I� �' b CONTROL MONUMENTS AS FOUND & SHOWN I� a°, � CCFN - COUNTY CLERK FlLE NUMBER Q Z o R-O-W - RIGHT-OF-WAY J�� O- SET I/2�� IRON ROD w/CAP MARKED "HRA" ��_ •- Fp. I/2" IRON ROD w/CAP MARKED ��HRA" �� � �- FD. I/2" IRON ROD w/CAP MARKED "AMD" O°� O- FD. I/2�� IRON ROD � � 20230419 / SAC (GRN) � BEARINGS RELATIVE TO GRID NORTH, TEXAS COORDINATE SYSTEM OF 1983, NORTH-CENTRAL ZONE. A description of even survey date herewith accompanies this plat. Surveyed on the ground, January 23, 2023 55.00' �_ � N88°17'22"W i lIIOT PLATTED I LMD OWNER� BUSFLAND ,SqqNGS, LLC f CL7�IV 2t7/8A47223 J � � � Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas -� 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 pmperty and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. Page 1 of 2 EXHIBIT "A" PERIMETER SURVEY OF A 0.8961 ACRE TRACT LOCATED IN THE NORTHWEST QUARTER OF SECTION 3, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 188, LUBBOCK COUNTY, TEXAS METES AND BOiJNDS DESCRIPTION of a 0.8961 acre tract located in the Northwest Quarter of Section 3, Block AK, E.L. & R.R. Railroad Company Survey, Abstract No. 188, Lubbock County, Texas being a portion of that 12.596 acre tract described under County Clerk File Number 2021037776, Official Public Records of Lubbock County, Texas, said 0.8961 acre tract being further described as follows: BEGINNING at a 1/2" iron rod found in the South right-of-way line of 146th Street as dedicated by plat recorded under County Clerk File Number (CCFI� 2020040624, Official Public Records of Lubbock County, Texas (OPRLC'1�, at the most Westerly Northwest comer of that 12.596 acre tract described under CCFN 2021037776, OPRLCT, for the Northwest comer of this tract, which bears S. O1°42'34" W. a distance of 85.07 feet from 1/2" iron rod with cap marked "AMD" found at the Northwest comer of Section 3, Block AK, Lubbock County, Texas; THENCE S. 88°17'22" E., along the South right-of-way line of said 146th Street and the Northem boundary of said 12.596 acre tract, a distance of 65.00 feet to a 1/2" iron rod with cap marked "AMD" found at the most Northerly Northwest comer of said 12.596 acre tract, for the Northeast comer of this tract; THENCE S. O1 °42'34" W. a distance of 220.00 feet to a 1/2" iron rod with cap marked "ANID" found; THENCE S. 04°34'19" W. a distance of 200.25 feet to a 1/2" iron rod with cap marked "ANID" found; THENCE S. O1°42'34" W. a distance of 231.52 feet to a 1/2" iron rod with cap mazked "AMD" found at a corner of said 12.596 acre tract and the Southeast corner of this tract; THENCE N. 88°17'22" W., along the Southem boundary of said 12.596 acre tract, a distance of 55.00 feet to a 1/2" iron rod with cap marked "HiJGO REED & ASSOC." set in the West line of said Section 6, for the most Westerly Southwest comer of said 12.596 acre tract and the Southwest comer of this tract; THENCE N. O1°42'34" E., along the West line of said Section 6 and the Western boundary of said 12.596 acre tract, a distance of 651.52 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are surface, U.S. Survey Feet A plat of even survey date herewith accompanies this legal description Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Page 2 of 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS . � , �. Kelly Pinion County Clerk Lubbock Coun�y TEXRS 0S/10/2024 03;�L3 PM FEE: $33.00 2024018965 .-�ci3bf3�ki�i�-r �'�R� ��Q-,�..,..�a. - c�r�r ui� r:,��x;x eow i c�xr�� r��.� THE STATE OF TEXAS COUNTY OF LUBBOCK % 2024018988 9 PGS EASE � ��� �.� h'��a���:� ���i �Nr�� � b��_�� I� t� DRAINAGE EASEMENT �� KNOW ALL MEN I�Y THESE PRESENTS: THAT Red Canyon Development, LLC, herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS to GRANTOR in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further good and valuable consideration in benefits accruing and to accrue to the remainder of GRANTOR'S property, has by tHese presents GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, its legal representatives, successors and assigns, for the use of the public as a perpetual and permanent drainage easement, the free and uninterrrupted use, liberty of passage in, on, along, over, upon, under, and across all that property lying and being situated in Lubbock County, Texas, and being more particularly described in the attached Exhibit "A." SO LONG AS the public continues to use said property for the purposes herein stated, said easement includes, but is not limited to, the free and uninterruped use, liberty and privilege of passage in, along, over, across, under, upon and against the hereinafter described land for the purpose of constructing, reconstructing, maintaining, repairing, cleaning and clearing said premises for the free and unobstructed drainage of surface waters; together with the right of ingress, egress and regress for such purposes in, on, along, through and across all the property above described. It is hereby covenanted and agreed that the CITY OF LUBBOCK retains and reserves the right to set and determine the drainage grade and direction of flow of surface waters on the real estate above described and buildings or like permanent structures shall not be erected, built, constructed or allowed to be erected, built or constructed in, upon, over, along or across the real estate above described, and if such erection, building or construction does occur in violation of this prohibition, the CITY OF LUBBOCK shall have the right to remove said building or structure from the aforesaid real estate. TO HAVE AND TO HOLD the above-described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, its successors and assigns, for so long as the CITY OF LUBBOCK uses the same for the purposes herein granted. WITNESS THE EXECUTTON OF THTS INSTRUMENT this � day of July, 2023. THE STATE OF TEXAS COUNTY OF LUBBOCK Red Cany evelopment, LLC / I By: � � � Print: Thomas ayne Title: Ma ger Plans Capital Bank B�• � n Print: Greg Allen Title: Bank Officer § § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Thomas K. Payne, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity herein stated as the act and deed of said �?,ec� �xl.y�+ �ue..��_y�v�n.i�, l.l,C ' GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2lQi'h day of July, 2023. �'"; ` MARISSA AU6REY ! � Natary Public, Sh�te of Texas t�hary IDA t3�1388�7 Notary Pu lic in and for the State of Te s � �0�"� ��a�'� My Commission Expires: � q- 2.3 - 7,a2 � THE STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Greg Allen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that helshe executed the same for the purposes and consideration therein expressed and in the capacity herein stated as the act and deed of said K2�d r4� �,n�'r4, t�.C' GIVEN LJNDER MY HAND AND SEAL OF OFFICE this 2�-�� day of July, 2023. ?�'"" MARISSA AUBREY � Nat�y Publ�, S�te � Texas Notary ID� t�.7 My CanNssion E�ires 14232023 Notary Public in and for the State of exas My Commission Expires: d!i-23-�.nZ3 ._....., DRAINAGE EASEMENT EXHIBIT "A" PERIMETER SURVEY OF A 0.7264 ACRE TRACT LOCATED IN SECTION 6, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 760, LUBBOCK COUNTY, TEXAS S88°17'26"E 3.00' � � J O 2 W �_ � Q �� � �� _ ��., $ J � ` � SCALE: l��=50' CONTAINS: 31.644 S�UARE FEET HEAVY LINES INDICATE PLAT LIMITS CONTROL MONUMENTS AS FOUND & SHOWN CCFN - COUNTY CLERK FILE NUMBER � R-O-W - RIGHT-OF-WAY O- SET 1/2�� IRON ROD w/CAP MARKED ��HRA" •- FD. 1/2�� IRON ROD w/CAP MARKED '�HRA" 20230419 / SAC (GRN) co /�� V/ w � M (V �- 0 z� S43° 17�26"E � 42.43� I N , J� q � N � �� o � � � aQ 3 � � M � �� n N 3 �� o � o �� o � J � � F '�E � n�as �oev�r eeazs nroi•a2'aa'1� ia29.ia' AND N88°31'S8°W 55.00' FROM TF� sourHEasr catn�t � sEcnaa s, BLoqc Aic 33.00' .�• N88°31 �58"WI S �,,,T. �� BEARINGS RELATIVE TO GRID NORTH, TEXAS 1NACT A � COORDINATE SYSTEM OF 1983. COOPER WFST NORTH-CENTRAL ZONE. H/GH SCHOOL A description of even survey date aaT,�� ������ herewith accompanies this plat. Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas I 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 this survey may exist and encumber this property. Page 1 of 2 EXHIBIT "A" PERIMETER SURVEY OF A 0.7264 ACRE TRACT LOCATED IN SECTION 6, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 760, LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.7264 acre tract located in the Section 6, Block AK, E.L. & R.R. Railroad Company Survey, Abstract No. 760, Lubbock County, Texas being a portion of that 407.91 acre tract described under County Clerk File Number 2017036785, Official Public Records of Lubbock County, Texas, said 0.7264 acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HLJGO REED & ASSOC." set in the West right-of-way line of Quaker Avenue as granted by easement recorded in Volume 3275, Page 91, Real Property Records of Lubbock County, Texas, for the most Easterly Northeast comer of Tract A, Cooper West High School, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2021 U44895, Official Public Records of Lubbock County, Texas, and the Southeast corner of this tract, which bears N. O1°42'34" E. a distance of 1329.18 feet and N. 88°31'S8" W. a distance of 55.00 feet from a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found at the Southeast comer of Secrion 6, Block AK, Lubbock County, Texas; THENCE N. 88°31'S8" W., along the Northern boundary of said Tract A, a distance of 33.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for the Southwest corner of this tract; THENCE N. O1°42'34" E. a distance of 972.61 feet to a 1/2" iron rod with cap mazked "HiJGO REED & ASSOC." set for the Northwest comer of this tract; THENCE S. 88° 17'26" E. a distance of 3.00 feet to a 1/2" iron rod with cap marked "HLJGO REED & ASSOC." found at a comer of this tract; THENCE S. 43°17'26" E. a distance of 42.43 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found in the West right-of-way line of said Quaker Avenue, at the Northeast comer of this tract; THENCE S. O1 °42'34" W., along the West right-of-way line of said Quaker Avenue, a distance of 942.47 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are surface, U.S. Survey Feet A plat of even survey date herewith accompanies this legal description. Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Page 2 of 2 EXHIBIT "B" PERIMETER SURVEY OF A 0.5739 ACRE TRACT LOCATED IN SECTION 6, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 760, LUBBOCK COUNTY, TEXAS � L� �J� � ��� Q Q�� � �y� I� o�� _ ��� J w M M N � �� 0 ti z- 102.00' N88° 17'26"W NOT P�A TTED LAAD ON�ME'R� LL8BA7C COGKL�R /50 ( CCFN 21�2L'1717c'W.Tp / � �� O lIIOT PLq TTED LAAtl O{ffIER� RED CANYAV DEY£Lpy1{ENT LLC f CQ�"N 2t�/70367851 S88°17'26"E 352. 0.5739 Acre Tract 150.10� 70.00' S89°36�34��W N88°17�26��W NOT PLA TTED L.4Af7 OfMER� RED CANYQYpEbE'LA9{C�NT LLC ( CGiN� ZO/R7367B5 J SCALE: I��=100' CONTAINS: 24,998 SQUARE FEET HEAVY LINES INDICATE PLAT LIMITS CONTROL MONUMENTS AS FOUND & SHOWN CCFN - COUNTY CLERK FlLE NUMBER R-O-W - RIGHT-OF-WAY O- SET I/2" IRON ROD w/CAP MARKED "HRA" �- FD. 1/2" IRON ROD w/CAP MARKED "HRA" 20230419 / SAC (GRN) BEARINGS RELATIVE TO GRID NORTH, TEXAS COORDINATE SYSTEM OF 1983. NORTH-CENTRAL ZONE. A description of even survey date herewith accompanies this plat. Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas THIS POWT BEARS N01°42'34"E 2445•95� AND N88'1726"W 55.00' FROM THE SOUTHEAST CORNER , OF SECTION 6, BLOq( AK S01°42 34��W '— 39.53' S46°42 34'�W — 42.43' I � � � I i� �� 3ry O "'� h� h� �� � Q� �pW 6 �J �a 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 pazcels. Record documents other than those shown on this survey may exist and encumber this property. Page 1 of 2 EXHIBIT "B" PERIMETER SURVEY OF A 0.5739 ACRE TRACT LOCATED IN SECTION 6, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 76Q LUBBOCK COUNTY, TEXAS METES AND BOIJNDS DESCRIPTION of a 0.5739 acre tract located in the Section 6, Block AK, E.L. & R.R. Raikoad Company Survey, Abstract No. 760, Lubbock County, Texas, being a portion of that 407.91 acre tract described under County Clerk File Number 2017036785, Official Public Records of Lubbock County, Texas, said 0.5739 acre tract being fiurther described as follows: BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the West right-of-way line of Quaker Avenue as granted by easement recorded in Volume 3275, Page 91, Real Properiy Records of Lubbock County, Texas, for the Northeast corner of this tract, which bears N. Ol °42'34" E. a distance of 2445.95 feet and N. 88° 17'26" W. a distance of 55.00 feet from the Southeast corner of Section 6, Block AK, Lubbock County, Texas; TI�NCE S. O1°42'34" W., along the West right-of-way line of said Quaker Avenue, a distance of 39.53 feet to a 1/2" iron rod with cap marked "HLJGO REED & ASSOC." set for the most Easterly Southeast comer of this tract; TI-iENCE S. 46°42'34" W. a distance of 42.43 feet to a 1/2" iron rod with cap marked "HiJGO REED & ASSOC." found at the most Southerly Southeast corner of this tract; T%�ENCE N. 88° 17'26" W. a distance of 70.00 feet to a 1/2" iron rod with cap mazked "HiJGO REED & ASSOC." found; THENCE S. 89°36'34" W. a distance of 150.10 feet to a 1/2" iron rod with cap mazked "HUGO REED & ASSOC." set; THENCE N. 88°17'26" W. a distance of 102.00 feet to a 1/2" iron rod with cap marked "HLTGO REED & ASSOC." found at the Southeast corner of that 133.08 acre tract, described under County Clerk File Number 2022047287, Official Public Records of Lubbock County, Texas, for the Southwest corner of this tract; THENCE N. O1°42'34" E., along the Eastem boundary of said 133.08 acre tract, a distance of 75.03 feet to a 1/2" iron rod with cap mazked "HLJGO REED & ASSOC." set for the Northwest corner of this tract; THENCE S. 88° 17'26" E. a distance of 352.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances aze surface, U.S. Survey Feet A plat of even survey date herewith accompanies this legal description. Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Page 2 of 2 EXHIBIT "C" PERIMETER SURVEY OF A 0.3788 ACRE TRACT LOCATED IN SECTION 6, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 760, LUBBOCK COUNTY, TEXAS � Q� 1 � J W ��\ !� Q�^m � ��� � ��� �y� �o$� o ��, � J (� NO l°42'34��E 50.00� -- �zzan• �` O SCALE: I"=100' CONTAINS: 16,500 SOUARE FEET HEAVY LINES INDICATE PLAT LIMITS CONTROL MONUMENTS AS FOUND a SHOWN CCFN - COUNTY CLERK FlLE NUMBER R-O-W - RIGHT-OF-WAY O- SET 1/2�� IRON ROD w/CAP MARKED "HRA" •- FD. 1/2�� IRON ROD w/CAP MARKED ��HRA" 20230419 / SAC (GRN) BEARINGS RELATIVE TO GRID NORTH, TEXAS COORDINATE SYSTEM OF 1983, NORTH-CENTRAL ZONE. lIIOT PLATTED LAAD OW71�'R� /46Ty g p//,q/(ER, LLC / tOqV.� 202/0395/8 J �E 330.00' 0.3788 Acre Tract N88°17'26"W 330.00' NOT PLATTED LAAp OIML''R� RED CANYQY OEY£LQ9IENT LLC f CLPN� 21�/7Yl367B5 / A description of even survey date herewith accompanies this plat. Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas � I I � �n�rr o� {Ea a TFpS POINT BEARS N01°42'34"E 4455.95' AND N88°1726"W 55.00' FROM THE SOUTHEAST CORNER OF SECTION 6, BLOCK AK � , S01°42�34��W -- 50.00' � I o, � . �' � �Q' , � ` � �W � �� � �J � �O h, No abstract of title or title commitment was provided to this surveyor. Record reseazch 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 this survey may exist and encumber this property. Page 1 of 2 EXHIBIT "C" PERIMETER SURVEY OF A 0.3788 ACRE TRACT LOCATED IN SECTION 6, BLOCK AK, E.L. & R.R. RAILROAD Co. SURVEY, ABSTRCT No. 760, LUBBOCK COUNTY, TEXAS MET'ES AND BOUNDS DESCRIl'TION of a 0.3788 acre tract located in the Section 6, Block AK, E.L. & R.R. Railroad Company Survey, Abstract No. 760, Lubbock County, Texas, being a portion of that 407.91 acre tract described under County Clerk File Number 2017036785, Official Public Records of Lubbock County, Texas, said 03788 acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap muked "HUGO REED & ASSOC." found in the West right-of-way line of Quaker Avenue as granted by easement recorded in Volume 3275, Page 91, Real Property Records of Lubbock County, Texas, at the Southeast corner of that 8.044 acre tract of land described under County Clerk File Number (CCFI� 2021039518, Official Public Records of Lubbock County, Texas (OPRLC'1�, for the Northeast comer of this tract, which bears N. O1°42'34" E. a distance of 4455.95 feet and N. 88°17'26" W. a distance of 55.00 feet from the Southeast comer of Section 6, Block AK, Lubbock County, Texas; THENCE S. O1°42'34" W., along the West right-of-way line of said Quaker Avenue, a distance of 50.00 feet to a 1/2" iron rod with cap mazked "HLJGO REED & ASSOC." set for Southeast comer of this tract; THENCE N. 88°17'26" W. a distance of 330.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found at a corner of that 133.08 acre tract recorded under CCFN 2022047287, OPRLCT, for the Southwest corner of this tract, whence a 1/2" iron rod with cap marked "HLJGO REED & ASSOC." found bears N. 88°17'26" W. a distance of 22.00 feet; THENCE N. O1°42'34" E., along the Eastem boundary of said 133.08 acre tract, a distance of 50.00 feet to a 1/2" iron rod with cap mazked "HUGO REED & ASSOC." set for the most SouWerly Southwest comer of said 8.044 acre tract and the Northwest corner of this tract; TI�NCE S. 88° 17'26" E., along the Southern boundary of said 8.044 acre tract, a distance of 330.00 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances aze surface, U.S. Survey Feet A plat of even survey date herewith accompanies this legal description. Surveyed on the ground, January 23, 2023 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Page 2 of 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS * * c. Kelly Plnlon County Clerk Lubbook Coun�y TEXAS 0B/10/2024 03:�3 PM FEE: 53.00 2024 18966