HomeMy WebLinkAboutResolution - 2024-R0207 - Street, Public Use, Right-Of-Way Deed, Section 34, Block AK West Of Upland Ave - 04/23/2024Resolution No. 2024-R0207
Item No. 6.12
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 34, Block AK, of the G. 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 Apri123, 2024
ATTE T:
Courtney Paz, City Se retary F
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
A L. S' s, Deputy City Attorney
RES. Street and ROW Deed- Section 34, Block AK
Resolution No. 2024-R0207
NOTICE OF CONFIDENTIALITY 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:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Upland Avenue — 34th Street to SO�h Street
Parcel No. 11
Upland Avenue, Lubbock, Texas 79407
BLK AK SEC 34 AB 1389 N/2 OF E660' OF E/2 OF NE/4
CITY OF LUBBOCK
STREET. PUBLIC USE AND RIGHT OF WAY DEED
THE STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
THAT Duhan Family Limited Partnership, a Texas limited partnership, 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 forever and for street right-of-way and utility purposes, the following
described tract of land situated in Lubbock County, Texas, as more particularly described in the
attached Exhibit "A".
GRANTOR agrees to grant the 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 PAGE]
Street, Public Use and Right of Way Deed Ver. 8.1033
WITNESS MY HAND this Z��day of /�IjQVG:�- , 2024.
GRANTOR(S):
Duhan Family Limited Partnership, a Texas limited partnership
BY: Duhan Management, LLC, a Texas limited liability company, as General Partner
�� �_
F3y: Donald Dexter Duhan, President
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
j+-
This instrument was acknowledged before me on the a� day of . JL��� ✓� �- , 2024
by Donald Dexter Duhan President of Duhan Mana�ement, LLC, a Texas limited liabilitv
company as Genera( Partner of Duhan Familv Limited Partnership, a Texas timited partnership.
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 Governmen�od�pter 406, subchapter C.
� r
TRAVIS W TOLLEY �
�"�� NOTARY PUBIIC
STA7EOFtEXAS NOT PU C, ST E OF TE S
�, ���� MY COMM. EXP. 7111a127 My CoTlll'riiss� n E � S: � /� �Z�
NOTARY ID 132261633
Grantee's Address:
City of Lubbock
1314 Avenue K, 7`h Floor
Lubbock, TX 79401
Streel, Public Use and Right of Way Deed Ver 8! 0?3
EXHIBIT "A"
RIGHT OF-WAY DESCRIPTION — PARCEL R153722
Feld notes desc�ibing a 0.53 acre Right-of-Way out of the remainder of a cailed 40.00
acre tract of land located in Section 34, Block AK, of the G. R.R. Co. Survey, Lubbock
County, Texas.
BEING a 0.53 acre tract of land out of the remainder of a called 40.00 acre tract of land,
described in a Special Warranty Deed to Duhan Family Limited Partnership, recorded in County
Clerk File Number 2004051710, OfFicial Public Records, Lubbock County, Texas, situated in
Section 34, BlockAK of the G. 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:
7,265,393.52', E: 909,845.52') Set in the South line of a 55.00 feet wide Lubbock County Right-
of-Way Easement for 50�' Street, described in Volume 2265. Page 24, Official Public Records,
Lubbock County, Texas, from which a 1/2 inch iron rod with cap stamped "STEVENS RPLS
4339" Found on the South line of said 50�h Street bears North 88°08'38" West, 815.28 feet;
THENCE South 88°08'38" East, along the South line of said 50'� Street, a distance of 464.99
feet to a Point for the Northeast corner of this tract, from which a Rail Road Spike (N:
7,265,432.14', E: 910,352.04') Found for the Northeast corner of said Section 34 bears North
01 °51'57" East, 55.00 feet and South 88°08'38° East, 40.00 feet;
THENCE South 01°51'57" West, along the west line of a 40.00 feet wide Lubbock County
Right-of-Way Easement for Upland Avenue, described in Volume 486, Page 413, Official Public
Records, Lubbock County, Texas, a distance of 1264.77 feet to a Point on the North line of a
called 20.00 acre tract described in a deed to Escondido Lubbock LLC., recorded in County
Clerk File Number 2018036137, Official Public Records, Lubbock County, Texas; for the
Southeast corner of this tract, from which a Magnail Found for the Southeast comer of the
Northeast Quarter of said Section 34, bears South 88°13'01" East, 40.00 feet and South
01 °51'S7" West, 1319.73 feet;
THENCE North 88°13'01" West, along the North line of said called 20.00 acre tract, a distance
of 15.00 feet to a 5/8 inch iron rod with yellow cap stamped "Cobb Fendley Boundary" (N:
7,264,114.82', E: 910,254.09') Set for the Southwest corner of this tract;
THENCE North 01°51'57" East, a distance of 1225.14 feet to a 5/8 inch iron rod with yellow
cap stamped "Cobb Fendley Boundary" Set for a corner of this tract;
THENCE North 43°05'59" West, a distance of 41.96 feet to a 5/8 inch iron rod with yellow cap
stamped "Cobb Fendley Boundary" Set for a corner of this tract;
THENCE North 88°07'40" West, a distance of 220.34 feet to a 5/8 inch iron rod with yellow cap
stamped "Cobb Fendley Boundary" Set for a corner of this tract;
THENCE North 85°18'46" West, a distance of 200.24 feet to the POINT OF BEGINNING and
containing within these calls a calculated area of 0.53 acres (22,884 square feet).
Page 1 of 4
EXHIBIT "A"
Bearings shown hereon a�e referenced to the Texas Coo�dinate System of 1983, North Central
Zone, and are based on the North American Datum of 1983, 2011 Adjustment. All coordinates
shown hereon a�e Su�face values displayed in US Survey Feet and may be converted to Grid
values by dividing those Surface values by a Surface Adjustment Facto� of 1.00021. All
distances shown hereon are Surface values displayed in US Survey feet and may be converted
to Grid values by dividing those Surface values by a SurFace Adjustment Factor of 1.00021. This
written description is accompanied by a survey plat which covers the identical parcel that is
described herein, signed and sealed on even date herewith and is hereby made a part of this
document.
I, Jeffrey L. Fansler, a Registered Professional Land Surveyor in the State of Texas, hereby
certify that this description and plat �epresent an on-the-ground survey made unde� my
supervision.
i i ,
��7 , ���.. ♦ ,�"��'i;� � � :
/� 1
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
EXHIBIT "A"
�
Z
� NB8'OB'3B'W SECTION 38, BLOCI< AK
��1 50th STREET
3887.73' SECTIOPI 34, BLOCI� AK
MAGNNL W/ WASHER - R.R. SPIKE - SE CNR Of SEC. 39, BLK AK
'AMD ENGINEERINO" N/SS ROW L.C.R.E. (V. 2285, P. 28 O.P.R.I.C.T.) N: 7,285,432.14' E: 910,352.04'
N88'OB'3B'W
815.28'
�n• in w� cnP -
STEVENS RPL34339'
SI55' ROW L C.R.E. (V. 2265. P. 24 O.P.R.L C T.)
N85°18'46"W.
P•O•B :
518' I R. W/ CAP -' C09B fENOLEY 80UNDARY'
N: 7,285.393 52' E: 909,845 57
S 88° 08' 38" E- 464.99'
N 43° 05' 59" W• 41.96'
0 53 ACRE
22,884 S4. �.
GRAPHIC SCALE
(In [eet)
100 0 50 100
��z�l-`�l
1 inch = 100 ft.
LEGEND
P O B= POIN7 OF BEGINNING
I R. = IRON ROD
I P = IRON PIPE
ROW = RIGHT-OF-WAY
L C R.E. = LUB80CK COUNTY RIGHT-OF-WAY EASEMENT
V I P. = VOLUME I PAGE
CCFN = COUNTV CLERK FlLE NUMBER
O P.R.L.0 T. = OFFICIAL PUBLIG RECORDS, LUBBOCK COUNTY, TEXAS
� = MONUMENT FOUND (AS NOTEO)
Q= MONUMENT SET (Sl8' IRON ROO SET WITH YELLOW PLASTIC CAP
STAMPED'COBB FENOLEY 80UNDARY")
��� PROPERTY LINE
— — — — = EASEMENT LINE - AS DESCRIBED
= ADJOINING PROPERTY LINE
— -- = RIGHT-OF-WAY / RIGHT-0E-WAY EASEMENT LINE
LCAD ID: R153722
REMAINOER OF CALLED 40 00 ACRES
Owner: OUFIAN FAMILV LIMITED PARTNERSHIP
(CCFN:2004051770 O P R.LC TJ
NOTES:
1. BeaAngs shown hereon are refetenced to the Taxas Coord�ate System of 1983, NaAh Cenlral Zone, and are based on the No�lh
/�nert�en Datum of 1883, 2011 Adjusdnenl Ap rnard'nates shown herean are Surfece veluea dlsplayed in US Survey Feet and may be
aonvertM tn Grid vaNes by dividing those SuAaae valueslry a Surface AdJustment Factar of 1.00021. All dislanees ehown hereon are
SuAaee �aluee diaplayed 7n US Surv�y feet and may be eorrverted m Grid vdues Dy divfding nwae Suiface values by a 3uAafa Aa�uaunent
FBCiOf O( 1 ��21
2. This survey plal Is accampanled by a wrlften descrtption which covers the ide�tical parcel lhat is shown hereon, aigned and
sealed on even date herewith and is hereby made e part of this dacumeM
3. This survey plat was prepazed withaut the benefit ol a tille repoA. The surveyor did not rasearch subJect property tiNe
informalion. All easements of record may not be shawn
.�-
Jet(ray L Fansler Date
Registered Pro/essional land Sunreyor
No. 4348
�ATE: SCAIE: � �
08/24/2023 1" =100'
DRAWN BY: CHEqCED BV:
(SF=1 00021).dwg
!�� S� ' J
I �L. rAN
4348 ��.
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SHEET 2
A 0.53 ACRE (22,684 Sq. Fl.) RIGHT-OF-WAY OUT Y�� CobbFendley
OF THE REMAINDER OF A CALLED 4U.00 ACRE
TRACT OF LAND LOCATED IN SECTION 34. BLOCK
AK, OF THE G R.R. CO. SURVEY, LU860CK TBPELS Survey Firtn ReglShaUon No. 10046700
COUNTY, TEXAS 72� �uake� Avenue, Suite A, LuEbock, Texas 79�
Phone: BOB 993.0071 � www.cobbfendley.com
S 68' 08' 38' E 40.00' �
WlAO' ROW L.C.R.E
(V 488,P 4t30PRLCT)(Tradt)
NOt'STSTE
55.00' ,
N 88° 07' 40" W- 220.34'
EXHIBIT "A"
NOTES:
1&!ar n{�s ihrn�ri herctim arn re(erc�rea �o ;1•e i�,a; Cpvdnale 3Ysiem �i t 583. ranrn C�mtr A 2c�o �nn xo o r.nc a� ino cwui,
am�' can Oa:un a't9RJ 201 t Ad �sumr; al eoorCino�oa s�+w�m he�aor ,uv Si.r�ac,. �nl�as o�snln;ed r. �S S��+uv : CJ: ard m.�� nr
convetted to G�td valuus oy divbfng ihosu SuAaze vatues hy o SuAacedd�ustmenl Fador af 1 00021 Ap disronees shmm he�eor: are
SuAaco vaiuu� C(spbyad r US Survoy foat and may be cnnvMed to Grid va4res by Crv�dinp those Surlate velues by a Sw!ace AC�usUnenl
Faclorof 100021
2 This survey plat 1s attompenied by a wntten descnplion which covers the ideniteal parcet that is shown hereon, signed and
sealed on even date herewilh and is hereby made a part of Ihis document
3. This survey plat was prepared without the benefit of a title report. The surveyor did not research subject properly tiUe
infortnation. All easemenls of record may �at be shown.
�
Jefhey L Fansler Dale
Registered Professional Lend Surveyor
No. 4348
�
LEGEND
P O.B. = POINT OF BEGINNING
I R = IRON ROD
I.P = IRON PIPE
ROW = RIGHT-OF-WAY
L.0 R.E. = LU880CK COUNTY RIGHT-OF-WAY EASEMENT
V I P. = VOLUME / PAGE
CCFN = COUNTY CLERK FILE NUMBER
O P R!.0 T= OfFICIAL PUBLIC RECOROS, LUBBOCK COUNTY TEXAS
� = MONUMENT FOUNO (AS NOTED)
Q= MONUMENT SET (5/B" IRON ROD SET WITH YELLOW PLASTIC CAP
STAMPED'CO88 FENDLEY BOUNDARY")
��= PROPERTY LINE
— — — — = EASEMENT LINE - AS OESCRIBED
= ADJOININC, PROPERTY LINE
— — — - = RIGHT-OF-WAY / RIGHT-OF-WAY EASEMENT LINE
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0.53 ACRE
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E 910 254 09' �
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NSS°13'01"W-15.00'
SBB'13'O1"E a0C0'
LCADIO R3J2799
CAIIED 20.00 ACRES
Owner. ESCONDI00 LUBBOCK LLC
(CCFN. 2078036137 O.P.R.L C T ) .
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GRAPH[C SCALE MAGNAIL �
(�n teet) SE CNR OF NE/4 —\
100 . 50 �00 SEC 34,BLK AK
I��= �
] inch = 100 ft.
DATE: SCALE�
08/24/2023 1" - 100' t
ORAWN BV: CHECKED BY: A 0.53 ACRE (ZZ,884 Sq. Ft.) RIGHT-OF-WAY OUT a�� CobbFen ��ry
QTT ,�LF OF THE REMAINDER OF A CALLEO 40.00 ACRE
sHEE7 No. JOB NUMBER: TRACT OF LAND LOCATED IN SEGTION 34, BLOCK
4 of 4 23(.22-Q13-Qs AK, OF THE G R.R. CO. SURVEY, LUBBOCK T9PE�S Survey Firm Registralio� No. 10046700
SHEET ID: COUNTY; TEXAS ��27 Quaker Avenue, Suite A, Lubbock, Texas 79�
2302-013-02•R'53722(5�=100021�Owg Ptane:806.993.0071 �www.cobbfendley.com
CoCO Fme4r a �uocrks mc
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
Parce120 - ROW Acquisition
Agenda Item April 23, 2024
Parcel 8 - ROW Acquisition
Parcel9 - ROW Acquisition
Parcel 10 - ROW Acquisition
Parcel 11 - ROW Acquisition
Parce122 - ROW Acquisition
Encumbered/Expended To Date
Estimated Cost for Remaining Appropriation
Land Acquisition and Construction
Remaining Appropriation
Total 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
$ 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
Approprlatlon to Date 2023 - 24 Budget 2024 • 25 Budget
Constructlon E4,000,000 $73,500,000 30
TOTAL 54,000,000 513,500,000 f0
Project Highlights
Council Priorities Addressed:
Public Safety
Community Improvement
Growth and Development
Project History
2025 - 26 Budget 2028 • 27 Budget 2027 - 28 Budget 2028 - 29 Budget
$0 $0 $0 $0
so so so so
Pr'ojeCt Funding
Funding to Date 2023 - 24 Budget 2024 - 25 Budget 2025 - 26 Budget 2028 • 27 Budget 2027 - 28 Budget 2028 - 29 Budget
General Obligation Bonds $4,000,000 $13,500,000 $0 30 $0 $0 $fl
TOTAL E4,000,000 5�3,500,000 SO SO SO SO SO
Operating Budget Impacts
Description
No Impact Anticipated
TOTAL
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$0
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202425 2025-26 2026-27
$0 $0 $0
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2027-28
$0
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2028-29
$0
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