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Home My WebLink AboutResolution - 2024-R0206 - Street, Public Use, Right-Of-Way Deed, Section 39, Block AK West Of Upland Ave - 04/23/2024Resolution No. 2024-R0206 Item No. 6.11 April 23, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to accept for and on behalf of the City of Lubbock one (1) street, public use, and right-of-way deed in connection with certain real property located in Section 39, Block AK, of the GC R.R. Co. Survey, Lubbock County, Texas, to be utilized for the Upland Avenue Project and all related documents. Said Deed is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on April 23. 2024 ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: . A y L. ' s, Deput orney RES. Street and ROW Deed- Section 39, Block AK WITNESS MY HAND this ZS�day of G�� , 2024. GRANTOR(S): Duhan Family Limited Partnership, a Texas limited partnership BY: Duhan Management, LLC, a Texas limited liability company, as General Partner y` B: Donald Dexter uhan, President ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the Z� day of �!�✓� � , 2024 by Donald Dexter Duhan President of Duhan Mana�ement LLC a Texas limited liabilitv com�any as General Partner of Dulian Family Limited Pa�-tnership, a Texas limited nartnership. 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, subchapter C. � TRAVIS W TOLLEY .�`'�Y�' NOTARY PUBLIC NOT PU L, STA E OF TE� S • STATE OF TEXAS My Commissio XpiTCS' �� `�' '"!Z� ''�,�� MY COMM. EXP. 11/14127 NOTARY ID 132251533 Grantee's Address: City of Lubbock 1314 Avenue K, 7`h Floor Lubbock, TX 79401 Street, Public Use and Right of Way Deed Ver. 8.10.23 EXHIBIT "A" RIGHT-0E-WAY DESCRIPTION — PARCEL R126823 Field notes describing a 0.98 acre Right-of-Way out of a called 40.00 acre tract of land located in Section 39, Block AK, of the GC & R.R. Co. Survey, Lubbock County, Texas. Being a 0.98 acre tract of land out of a called 40.00 acre tract of land, described in a Special War�anty Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2004051711, Official Public Records, Lubbock County, Texas, situated in Section 39, Block AK, of the GC & SF R.R. Co. Survey, Lubbock Texas, and further described by metes and bounds as follows; BEGINNING at a Point (N: 7,265,488.42', E: 910,313.85') for the southeast corner of this tract in the intersection of the North line of a 55 feet wide Lubbock County Right-of-Way Easement for 50'� Street described in Volume 2265, Page 26, Official Public Records, Lubbock County, Texas, and the West line of a 40 feet wide Lubbock County Right-of-Way Easement for Upland Street described in Volume 486, Page 413, Official Public Records Lubbock County, Texas, from which a Rail Road Spike (N: 7,265,432.14', E: 910,352.04') Found for the Southeast Corner of said Section 39 and said called 40 acre tract, bears South 88°08'38" East, 40.00 feet and South 01 °51'S7" West, 55.00 feet. THENCE North 88°08'38" West, along the North line of said 50th Street, a distance of 54.99 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley 8� Associates" Set for a corner the southwest corner of this tract; THENCE North 46°51'39" East, departing from the North line of said 50'" Street, a distance of 42.43 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley 8 Associates" Set for a corner of this tract; THENCE North 01°51'57" East, a distance of 220.36 feet to a 518 inch iron rod with yellow cap stamped "Cobb Fendley 8� Associates" Set for a corner of this tract; THENCE North 04°43'42" East, a distance of 200.08 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley 8 Associates" Set for a corner of this tract; THENCE North 01°51'57" East, a distance of 2,136.94 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley 8 Associates" Set in the common North line of said called 40 acre tract and the south line of a called 70.502 acre tract as described in a Warranty Deed to SECA Partner, LTD., recorded in Volume 5204, Page 88, Official Public Records, Lubbock County, Texas, for the northwest corner of this tract; THENCE South 88°09'48" East, along said common line, a distance of 15.00 feet to a 1/2 inch iron rod with yellow cap stamped "Hugo Reed 8 Assoc." (N: 7,268,074.19', E: 910,398.08') Found for the northeast corner of this tract, in said common line for the Northwest corner of said 40 feet wide Lubbock County Right-of-Way Easement for Upland Street and the Southwest corner of a 40 feet wide lubbock County Right-of-Way Easement for Upland Street, recorded in Volume 486, Page 428, Official Public Records, Lubbock County, Texas, from which a Found 1/2 inch iron rod with yellow cap stamped "Hugo Reed 8� Assoc." bears North 01 °51'57" East, 959.06 feet, and a MagNail with Washer stamped "Hugo Reed & Assoc." Found in the East Section line of said Section 39, bears South 88°09'48" East, 40.00 feet and North 01 °51'57" East, 958.20 feet; Page 1 of 4 EXHIBIT "A" THENCE South 01 °51'S7" West, along the West line of the 40 feet wide Lubbock County Right-of-Way Easement for Upland Street, desc�ibed in said Volume 486, Page 413, a distance of 2,587.14 feet to the POINT OF BEGINNING, and containing within these calls a calculated area of 0.98 acre (42,757square feet). Bea�ings shown hereon are referenced to the Texas Coordinate System of 1983, North Central Zone, and are based o� 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 Surface values by a SurFace Adjustment Factor of 1.00021. This written description is accompanied by a survey plat which cove�s 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 Registe�ed Professional Land Surveyor in the State of Texas, hereby certify that this description and plat rep�esent an on-the-ground survey made under my supervision. � / � . � � �: • l-� � � ..�..�._� ' - . ..rr r _ Jeffrey L. Fansler Date Registered Professional Land Surveyor Texas Registration No. 4348 Cobb, Fendley8�Associates, Inc. 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Co. Survey, Lubbock County, Texas. Being a 0.93 acres tra�t of land out of a combined 80.00 acres tract of land, described as the East half of T�act C1 in a Special WaRanty Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2Q04051711, Official Public Records, Lubbock County, Texas, and as the West half of Tract C1 in a Special Warranty Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2004051716, Official Public Records, Lubbock County, Texas, situated in Section 39, Blvck AK, of the GC & SF R.R. Co. Survey, Lubbock Texas, and further described by metes and bounds as follows; BEGIPdNING at a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley Boundary" (N: 7,268,074.67', E: 910,383.10') set for the Northeast corner of this tract on the common North line of said Tract C1 and Sauth line of a called 70.502 acres tract as described in a Warranty Deed to SECA Partners, LTD., recorded in Volume 5204, Page 88, Official Public Records, Lubbock County, Texas, from which a 1/2 inch iron rod with yellow cap stamped "Hugo Reed & Assoc." found on the West line of a 40 feet wide Lubbock County Right-of-Way Easement for Upland Street described in Volume 486, Page 413, Official Public Records Lubbock County, Texas, bears South 88°09'48" East, a distance of 15.00 feet and a Rail Road Spike (N: 7,265,432.14', E: 910,352.04') found for the Southeast comer of said Section 39 and said Tract C1, bears South 88°09'48" East, 40.00 feet and South 01 °51'S7" West, 2,642.16 feet from said 1/2 inch iron rod with yellow cap stamped "Hugo Reed & Assoc."; THENCE South 01°51'57" West, a distance of 32.00 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley Boundary" set for the southeast corner of this tract; TFOENCE North 88°09'48" West, a distance of 1,265.28 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley Boundary" set for the southwest comer of this tract on the common West line of said Tract C1 and East line of a called 80.00 acre tract described as Tract C2 in a Special Warranty Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2004051709, Official Public Records, Lubbock County, Texas; THENCE North 01'51'57" East, along said common line, a distance of 32.00 feet to a 5/8 inch iron rad with yellow cap stamped "Cobb Fendley Boundary" (N: 7,268,115.22', E: 909,118.47') set for the Northwest corner of this tract and being the same as the Northwest corner of said Tract C1 and the Northeast corner of said Tract C2, from which a 5/8 inch iron rod found for the Southwest corner of said called 70.502 acres tract, bears North 88`09'48" West, 704.38 feet; THENCE South 88°09'48" East, along the common North line of said Tract C1 and South line of said called 70.502 ac�es tract, a distance of '1,265.28 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 0.93 acres (40,489 square feet). Page 1 of 4 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 Surtace 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 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, hereby certify that this description and plat represent an on-the-ground survey made under my supeniision. yr�` � � � � �2 � JEFFREY L. I ��^ 4348 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 Page 2 of 4 V133HS 3NIl H�1tlW � � W �S � � �; n � � ��O �c�� a�Z 0 a J � N f�A N � � � � ¢ e {.% Q� � 01 "j e 0 W � � N 0 NW U ��r. ��U a� ooa �f� ��n � J g � �O �� o� b� � a � W � �� yda �� ho J O aD �WJ^ Q,' J� b � LL q � W J 0 � � ��.�avN ��..��., —� -ag�� a b�� 9 �� 5�� G �� z �� N� �� $ C � S �� g �� s�d � C � Q ��in �� s �� a U N Y U �° dv a C.9 9 � � � � � � � � � � � � � � � � 9 � ri �� n � 10 �� O C � � � � � � � � � °c � a � � � 6 � � � � 6 O � � i� a� �E �g o; � `� - 0 8 �" � od w O V U 3 o � � � II � � V � V � � � � W > � q � � W � 0 � �p � _ LL �K h� �� ao �� °��'?'$; Z ��,yq��g�Q z �� m 4"�a��o�u1zW��oc LL ��w�U� LLt17�L � u u u �$�;�� I ��gJ��VU��j�O I I �9�� iWNn n..ingi I �ilR�oc�i,oa<°34o� u n � I �a_��m>c�Ox�Oen � � N �� 9 � � � Z F' �� . a� �Q � � �� g �� Q� �� JW�� !O N F A � N g °� W � � WT Z r mo U�y 4Y� � Q ~ � J � m � M � ¢OZU Qy0 � z J ��w �� ON °�, � U � � d', �O� p-' H UQ Q� rn� o� Q� Q (1'�"1'2!'d'09EV d'98V A) �a�a�� nnoa .av� 3nN3nd ,�„f ,�, , ..:�� •d�� :I I:1 A1: :i=13 ('1 �'�'b'd'O LB9600fZOZ Nao�� aas moa ssr� (1 � 1'21 d OEL9 d'98V /1) «��i1 a•a�o•innoa,ownn v� � F- �� a�, a �o�a N �� z a �r W ,I m� .� 0 � c� � � a � H � W � 0 W W O � 3 � � � � 0 � d N � N � M O> O B �� 1 o i•a•d•o eso •a'eao n) �$ '3 ii'�"1 M02! ,06/3 � � �� 8L L9'BZ M.L4 d9.L0 5 -- -' - - — - � � � � �� $ �� No a� �� ,��5 � �.�^� �� N �� 5 � 0 N w o�^ �� o � f � O � �� .a� �qvE � Uopn 9 �y� � WGo T� � 2 � N C _ � � �' ' '�i � r ii o �� s�'� o z �� z �� .. �� 1 � a �, � OI m ' vi zl ��a5 ! 1 �'l'a'd'0 9LL�SOt00L �Nd��) dIHSa3N1MVd 0311WI1 AIIWVd NdHfl4 :�auMp S3LI�V 06 031Td9 l� l�tlLll �O UM ¢�eez�a :ai ad�� 3NIl H�1HW c 1.33HS Hd710N � � � � � � � � � � � � � 3 �� » m� O � � m� �� N � � � � �� a� tE �� I' � �� ~ti �� —tis� ti �� .� �� A ^ �� a �� z o � � �- w � � W a o � � g � Z � � Uyo I' a � � � � � x- a" x a G � � W W 'a � � � r � = ZQ . � W � ^� � �J� g �o �v ��Ozz�> �`� ��z��< �% W C� aC Z� Z'�'� �'; z i� ��io � F LLa o�°� Wo� � r��[c�� ZW��" (L ��y �U � O�� IL 11 11 U� og4�o�� I � Z ��v�� CJ � `Jqqq I op�8��>�J�00�+ I � �Ima'0�o4�a��ga I a-��ai>uOx�Ov~i � S N �� E �'�� $ � �8 � �3 � � QQQ�� O �mO � �� < C� �� W � � m� r C� 6 U � � � W Z� m� 0 �U�� dY 00��m Q � � QZU �OU °�� 2� � 0 W � Q � U� �O y °c� a O v_ � U Y� � ��a "�a �„ �� a 0 oN Q� ¢ �g N� r m m Q � I � a� � ZQ v� � m ��N � ��g �v � 1"de� o� �� EXHIBIT "A" DESCRIPTION — PARCEL R128741 Field notes describing a 0.97 acre right-of-way out of a called 80.00 acres tract of land located in Section 39, 81ock AK, of the GC & R.R. Co. Survey, Lubbock County, Texas. Being a 0.97 acre tract of land out of a called 80.00 acre tract described as Tract C2 in a Special Warranty Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2004051709, O�cial Public Records, Lubbock County, Texas, situated in Section 39, Block AK, of the GC 8 SF R.R. Co. Survey, Lubbock Texas, and further described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley Boundary" (N: 7,268,115.22', E: 909,118.47') set for the Northeast corner of this tract and being the same as the Northeast corner of said Tract C2 and the Northwest comer of a combined 80.00 acres tract of land, described as the East half of Tract C1 in a Special Warranty Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2004051711, Official Public Records, Lubbock County, Texas, and as the West half of Tract C1 in a Special Warranty Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2004051716, Official Public Records, Lubbock County, Texas, on the South line of a called 70.502 acres tract as described in a Warranty Deed to SECA Partners, LTD., recorded in Volume 5204, Page 88, O�cial Public Records, Lubbock County, Texas, from which a 1l2 inch iron rod with yellow cap stamped "Hugo Reed & Assoc." found on the West line of a 40 feet wide Lubbock County Right- of-Way Easement for Upland Street described in Volume 486, Page 413, Official Public Records Lubbock County, Texas, bears South 88°09'48" East, a distance of 1,280.27 feet; THENCE South 01°51'57" West, along the common East line of said Tract C2 and West line of said Tract C1, a distance of 32.00 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley Boundary" set for the Southeast corner of this tract; THENCE Idorth 88°09'48" West, a distance of 1,321.78 feet to a 5/8 inch iron rod with yelfow cap stamped "Cobb Fendley Boundary" set on the common west line of said Tract C2 and east line of a called 80.00 acre tract described as Tract 67 in a Special Warranty Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2004051712, O�icial Public Records, Lubbock County, Texas for the Southwest corner of this tract; THENCE North 01°51'S7" East, along said common line, a distance of 32.00 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley Boundary" (N: 7,268,157.58', E: 907,797.37') set for the Northwest corner of this tract, and being the same as the northwest corner of said Tract C2, the northeast comer of said Tract B7, the southwest corner of a called 17.535 acres tract, described in a deed to Olivander Holdings LLC., recorded in County Clerk File Nurnber 2018030325, Official Public Records, Lubbock County, Texas, the southeast corner of a called 143.9 acre tract as described in a Special Wa�ranty Deed !o Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2004051713 and a deed to D. Dexter Duhan, recorded in County Clerk File Number 1990015130, Official Public Records, Lubbock County, Texas and the northwest corner of the southeast 1/4 of said Section 39; Page 1 of 3 EXHIBIT "A" THENCE South 88°09'48" East, along common south line of said called 17.535 acre tract and no�th line of said Tract C2, at a distance of 617.40 feet pass a 5/8 inch iron rod found for the Southeast corner of said called 17.535 acres tract and being the same as the Southwest corner of said called 70.502 acres tract, and contlnuing along the common North line of said Tract C2 and South line of said called 70.502 acres tract, a total distance of 1,321.78 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 0.97 acre (42,297 square feet). 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 he�eon 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 conve�ted 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 he�ewith and is hereby made a part of this document. I, Jeffrey L. Fansler, a Registered Professional Land Surveyor in the State of Texas, hereby certify that this description and plat represent an on-the-ground survey made under my supervision. JEFFREY L. F� � ti9 �4348 9 °�ss+� 2 0 2 y-02- '�o S�p� Jeffrey L. Fansler Date Registered Professional Land Surveyor Texas Regist�ation No. 4348 Cobb, Fendley & Associates, Inc. TBPELS Land Surveying Firm No. 10046700 7727 Quaker Avenue, Suite A, Lubbock, Texas 79424 Page 2 of 3 � tl��a a o �u�sawoi •rv��o) F (1'�'l'tl'd'O 91L150Y00L �N�7�) � � dir+sa5ruava aaLwn AIIWVd NtlHf1U �ewnp n S3LI�V UB Q3NIBW0� � � ��loval-ezeez�a�aiavoi � ' � :� � � o N � lV S M M F � o_ N J f ��-�'� �Nzq a��o oAa� �e�ar J � V { y � Y7 Z J M ^WZ� ��a x� b�o� ��R �ot �U � N Q z�:: �.,.. m W N � LL^ui �z S A a' � % M ,� W � O Ob W � �- �; / UU 1 N�a�� r. v �rcrc �? Yry��aaa �� s<��oo � K�� M $ � � ti� ^� �oW�� ; J a � �j��u�.LL �.` �, � � <<�;•�, •r• a ¢ G�^ ~ � U , �� a d O �$�� W��q O�LLZ�y 2 LL J pU m � � M � O Z W N � u� 0 0 Z ( : �'�'M d O ZtLtSOb00Z Nd��) d�HS213N1NVd 0311WI1 AIIWV� M/Hf10 :ieun+p S32i�V 08 03'1�V� LB ��1 • 9l9BLLtl 01 OVJI '$�� a a�� a �� $� �� E �� g��N �B� �� LL � T� ��3 ^�L O �$ � N � � � . v � �� ~ .� LL ��a� ucf2a �a `o '� � ��W �� d�� '�� O� N 8 2 ��w« � § � � � � � i� 5 � $ S 0 FU 3 � V � �� a`o � � a �� E �� `a � � �d � � � � � � � � a V a � �Y � � 0 m m � � � �� E � $ M� X�LtJON � j � w d O 0 �� v� li a � c7 O � i � �_,}� � Q i •y=��' ` �1 w¢ 6, �� Q;•�v �'y�' !,�,�, � �vQ'„� � � � � � �� Z � q U F U F � � U � � O � w r � � � �J o� �� z33a 2� �� Z 2 ��Upt�/ K z WLL�NO�}0�`�0 w a��t��u�a O WU��'-m u ( u �o��Z�� n u� �� Q F�� 7 O I Z��nUJug�� ( wm �, azrc 'J`a�>uC��O�n � g N � � � ^ � � ��g � �a .�y �8 w1 �~� � �� g � �;� ag �� pQ � O � $ U o� wW J = H UO� d. �Q� �UZ O m Q �MY Qo� C7 N J aZ�L�L � (nQ� �p� �� O lV � U � d v Z �� UO Q� � � 0 ¢ m O 0�y N Y u �J �� U� � m � z �� EXHIBIT "A" DESCRIPTION — PARCEL R128616 Field notes describing a O.Q3 acre right-of-way out of a called 80.00 acres t�act of land located in Section 39, Block AK, of the GC 8� R.R. Co. Survey, Lubbock County, Texas. Being a 0.03 acre tract of land out of a called 80.00 acre tract described as Tract B7 in a Special WaRanty Deed to the Duhan Family Limited Partnership, recorded in County Clerk Fi1e Number 2004051712, Official Public Records, Lubbock County, Texas, situated in Section 39, Block AK, of the GC 8� SF R.R. Co. Survey, Lubbock Texas, and further described by metes and bounds as follows; BEGIPINING at a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley Boundar�' (N: 7,268,157.58', E: 907,797.37) set for the northeast corne� of this tract and being the same as the northwest corner of the southeast 1/4 of said Section 39, the northeast corner of said Tract B7, the northwest comer of a called 80.00 acre t�act described as Tract C2 in a Special Warranty Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2004051709, Official Public Records, Lubbock County, Texas, the southwest corner of a called 17.535 acres tract, described in a deed to Olivander Holdings LLC., recorded in County Clerk File Number 2018030325, Official Public Records, Lubbock County, Texas, the southeast corner of a called 143.9 acres tract as described in a Special WaRanty Deed to Deed to the Duhan Family Limited Partnership, recorded in County Clerk File Number 2004051713 and a deed to D. Dexter Duhan, recorded in County Clerk File Number 1990015130, Official Public Records, Lubbock County, Texas, from which a 1/2 inch iron rod with yellow cap stamped "Hugo Reed 8� Assoc." found on the West line of a 40 feet wide Lubbock County Right-of-Way Easement for Upland Street described in Volume 486, Page 413, Official Public Records Lubbock County, Texas, bears South 88°09'48" East, a distance of 2,602.05 feet; THENCE South 01°51'57" West, along the common east line of said Tract B7 and west line of said Tract C2, a distance of 32.00 feet to a 5/8 inch iron �od with yellow cap stamped "Cobb Fendley Boundary" set for the southeast comer of this tract; THENCE North 88°09'48" West, a distance of 35.64 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley Boundary" set for the southwest comer of this tract; THENCE North 01"51'57" East, a distance of 32.00 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley Boundary" (N: 7,268,158.72', E: 907,761.75') set for the northwest corner of this tract on the common north line of said Tract B7 and south line of said 143.9 acre tract, from which a 1 inch Pipe found for the northwest corner of said Tract B7 and being the same as the northeast corner of the plat limits of The Vineyards at Escondido Ranch Addition to the City of Lubbock, Lubbock County, Texas, recorded as County Clerk File Number 2021026627, Official Public Records, Lubbock County, Texas bears North 88°09'48° West, 1,286.29 feet; THENCE South 88°09'48" East, along said common line, a distance of 35.64 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 0.03 ac�e (1,140 square feet). Page 1 of 3 EXHIBIT "A" Bearings shown hereon are referenced to the Texas Coordinate System of 1983, North Cenl�al 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 conve�ted 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 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, hereby cerfdy that this description and plat represent an on-the-ground survey made under my supervision. ��P� � ..s....»......... — JEFFREY L. F »...«««....«, ,i��,. 4sas Jeffrey L. Fansler Date Registered Professional Land Surveyor Texas Registration No. 4348 Cobb, Fendley 8�Associates, Inc. TBPELS Land Surveying Firm No. 10046700 7727 Quaker Avenue, Suite A, Lubbock, Texas 79424 Page 2 of 3 U ,� t�r�� m G7 1 z m oa �a$o &�rc� 6�� 0a0�� U-Wi>_o J�l JN V O LL SU �U W ^ W � W 2 � i � � �m��+f LL � � y O r��p �h pl gZw Hti � J � J , a CC � ��c�Q�aaa o<LLZZZOO ¢°i�� A � g� a"� ��ta� �� R� � � � LL LL U � . !'J , i: •! W� � a� J O I � I�. n f� � w �$ N �w Z , � U a � r N o p r p O N c��f � � Q� 00 d� W p ' p ^ � �� n 7+ O v z � z a y � 0. y K � ^ � K� �" < J ��n°a ^�i�o �� K bp �R a � LLU � Ov 0 � �� Z � ~ m 0.0 �N'—�� `�a mULL=O ��'^� ��A ooa,n s�0 �tN U ��LL � U �� S�� g� �� . £ �� m � — �� M ��yyy Om^DN� s�, �SH N � �� s � � g � C � � i�i S��LL 9Wa� �� $ s �� LL � s� �a�� `I ��aaa�� 2! �� g � � � � m � � � J c v� �y #a A� a� �C a c� �� .Y! � � �g N N �_ m � � � � � � � � � m O � S 0 � �c � �� ' g �� $ �; � r N a� h � c � �� IL � J �� r v ��z o N n� �' � � $ � x �+ �ZH v �� $ �J rT . a '�.� � � — � ��o .�� NQ� � 0 �� wa= m N a F � �� N o ,� O � � JW � LL � UO� ¢�H � OY� Qm0 U �MY ,2U � O m =U� � N J �z� � Q � oV ��U � 0 W � U� QO �UO O Q F- x,�auN � a '" � � o � y � V U�o �• a� x d u � � C7 � Q � � � � U � b w � O y m ' � � �� w� K yY Q� W � Q � W� � � p z � � 3 n�. Z �mo`�&�� w� 2 �qv�W`�' t7 c�'1�a'��...oC�� =i �< ae rZ°Cau�� m.- au� °Fifuw. �� i �� zS��Zw� � � 8p>�U�ZZ� ( Q Z�� 11 II J Q Q �ti WI°i G d� 4', I! i 2� I �� Q d g �d�>cviO=OOw I �o Easement on the Easement Property, more fully described in Eachibit A attached hereto and incorporated herein for all pertinent purposes. 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 gading 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 SOt'' 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 �asement Ver. 8.11.23 GRANTOR(S): Duhan Family Limited Partnership, a Texas limited partnership BY: Duhan Management, LLC, a Texas limited liability company, as General Partner ty'k � � By: Donald i5exter Duhan, President ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the ��day of �u'�� `` , 2024 by Donald Dexter Duhan President of Duhan Management, LLC, a Texas limited liabilit_Y company, as Genera! Partner of Duhan Family Limited Partnership, a Texas limited �artnership. 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 notazization under Texas Government Code chapter 406, subchapter C. TqAVIS W TOLLEY ''�� NOTARY PUBLIC • `�' � STATE OF TEXAS ''>'�of .,�y MY COMM EXP. 11114/27 NOTARY ID 132251533 Grantee's Address: City of Lubbock 1314 Avenue K, 7`h Floor Lubbock, TX 79441 l � la My Y , STA E OF TE AS :pire ll l 201� SIODe Easement Ver. 8.11.23 - - - -,; ;-: ;..; ; - - 0 _� 0 _� l7'RR7.F �� 00'99 ��O o _� _._______. __M02i a3SOd02�d � 0 _� � ,n ______ M02! JNIlSIX3 0 ----------------� - -------------� � � � c 99'68Z£ l3 � 05'6£��O � -«� I o � - N O NI O 0 � O 0 + M -o � � H _o �� w Q 0 z g a � � U 6Z'06ZE l3 ; oo•o ��o ; � � 0 - N ------------------�L---------------------- _ � �99'68Z£ l3 ' MO?� JNIlSIX3 "' �OS' I.£- ��O , � ', � ' �o, � 60'88ZE l3 M02� 03SOd02�d ....-88�8b 3'30r ....................•-....................»............. - 0 1N�W3Sb'3 3dO�S "' 0 �ri � _� 0 _� � 0 _� v_v_v_v_v.v.v_ City of Lubbock Capital Project Project Cost Detail April 23, 2024 Capital Project Number: Capital Project Name: 92815 Upland Ave: 34th to SOth Street - 22B Encumbered/Expended Staff - Full Time Contract 17074 with Freese and Nichols for Design Services Contract 17074 Amendment 1 with Freese and Nichols Parcel 1 - ROW Acquisition Parcel3 - ROW Acquisition Parcel4 - ROW Acquisition Parcel 13 - ROW Acquisition Parcel 19 - ROW Acquisition Parcel 20 - ROW Acquisition Agenda Item April 23, 2024 Parcel 8 - ROW Acquisition Parcel9 - ROW Acquisition Parcel 10 - ROW Acquisition Parcel 11 - ROW Acquisition Parcel 22 - ROW Acquisition Encufnbered/Expended To Date Estimated Cost for Remaining Appropriation Land Acquisition and Construction Remaining Appropriation Budget $ 27,244 1,639,143 393,388 13,874 10,347 15,482 74,031 44,249 1,721 36,507 82,662 122,146 22,064 55,385 2,538,244 1,461,756 Total Appropriation $ 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 P1'OjeCt Appropriations ApproprlaUon to Data 2023 - 24 Budget 2024 - 25 Budget Constructlon $4,000,000 E13,500,000 SO TOTAL 54,000,000 f13,500,000 SO Project Highlights Council Priorities Addressed: Public Safety Community Improvement Growth and Development Project History 2025 - 26 Budget 2028 - 27 Budget 2027 - 26 Budget 2028 - 29 Budget $0 $0 $0 $0 SO t0 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 General Obligation Bonds 54,000,000 $13,500,000 $0 $0 $0 $0 $0 TOTAL 54,000,000 513,500,000 SO SO SO �0 SO Operating Budget Impacts Descriptlon No Impact Anticipated TOTAL Q Powerad by OpanGov 2023-24 Sv so 202425 so so 2025-26 2026-27 2027-28 Sa Sa So so so sa 2028-29 Total So So so so �� 1 � � � � .� � V � �� ! 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