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Home My WebLink AboutResolution - 2024-R0209 - Street, Public Use, Right-Of-Way Deed, Section 39, Block AK Parcel 8 - 04/23/2024Resolution No. 2024-R0209 Item No. 6.14 Apri123, 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 (Parcel 8) 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 Apri123, 2024 ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: -� r Am �. Sims, eputy Ci RES. Street and ROW Deed- Section 39, Block AK Parcel 8 Resolution No. 2024-R0209 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAYREMOVE OR STRISE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER. Upland Avenue — 34th Street to 50� Street Parcel No. 8 3900 Upland Avenue, Lubbock, Tezas 79407 BLK AK SEC 39 AB 228 TR A2 & A3 CITY OF LUBBOCK STREET. PUBLIC USE AND RIGHT OF WAY DEED 'THE STATE OF TEXAS COUNTY OF LUBBOCK § § § KNOW ALL MEN BY TI�SE PRESENTS: THAT SECA Partners, Ltd., herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to him/her in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, Grantor does hereby grant, sell, and convey to Grantee for public use forever and for street right-of-way and utitity purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A". TO HAVE AND TO HOLD this above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public street right-of way and utility purposes. [SIGNATURES APPEAR ON THE FOLLOWII�TG PAGE] Street, Public Use and Right of Way Deed Ver. 8.10.23 � WITNESS MY HAND this 3 day of �� 1 , 2024 GRANTOR(Sl: SECA PARTNERS, LTD., a Tezas Limited Partnership By: JAQFOUR MAMAGEMENT LLC, a Tezas Limited Liability Company, as General Partner By: L� �t�. - Kindahl Jac on-Duda, Sole Manager CORPORATE ACKNOWLEDGEMENT STATE OF T�.QS COUNTY OF �t.b��E�-- This instrument was acknowledged before me on the c�'� day of � l , 2024 by Kindahl Jackson-Duda, as the sole manager of Jacqfour Management LLC, a Texas limited liability company, as general partner of, SECA Partners, Ltd., a Texas limited liability company. The acknowledging person personally appeazed by: �'physically appearing before me. ❑ appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Government Code chapter 406, subchapter C. �'� Dorothy Rodane Cian;iaa �� w �Y C0171R11S410f1 �ffA3 °� � 08/28/2025 pF ID No. 12813329g Grantee's Address: City of Lubbock 1314 Avenue K, 7�' Floor Lubbock, TX 79401 �t/t/V NOTARY PUBLIC, STATE OF My Commission Expires: O$l28�(�2� Street, Public Use and Right of Way Deed Ver. 8 10.23 EXHIBIT "A" RIGHT-0E-WAY DESCRIPTION — PARCEL R153824 Field notes describing a 0.09 acre Right-of-Way out of a called 70.502 acre tract of land located in Seation 39, Block AK� of the GC 8 SF R.R. Co. Survey� Lubbock County� Texas. Being a 0.09 acre tract of land out of a called 70.502 acre tract of land, described in a Warranty Deed to SECA Partner, LTD., recorded in Volume 5204, Page 88, OfFiGal Public Records, Lubbock County, Texas, situated in Section 39, BlockAK, of the GC 8 SF R.R. Co. Survey, Lubbock Texas, and further described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod with yellow cap stamped °Hugo Reed 8 Assoc." (N: 7,269,032.69', E: 910,429.32') Found on the West line of a 40 feet wide Lubbock County Right- of-Way Easement for Upland Avenue, described in Volume 486, Page 428. Ofiicial Public Records, Lubbock County, Texas, for the southeast comer of this tract, from which a Magnail with washer stamped "Hugo Reed & Assoc." Found on the east line of said called 70.502 acre tract, bears South 86°55'33" East, 40.00 feet and a Rail Road Spike Found for the southeast corner said Section 39 bears South 01 °51'57" West, 3600.36 feet from said Magnail; THENCE No�th 86°55'33" West, a distance of 15.00 feet to a 5/8 inch iron �od with yellow cap stamped "COBB FENDLEY BOUNDARY" Set for the southwest comer of this tract, from which a Found 1/2 inch iron rod with yellow cap stamped "Hugo Reed & Assoc.° bears North 86°55'33" West, 444.75 feet; THENCE No�th 01 °51'S7" East, a distance of 249.49 feet to a 5/81nch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY° (N: 7,269,282.85', E: 910�422.46') Set on the common North line of said called 70.502 acre wact and South Right-of-Way line of the West Texas 8 Lubbock Railroad (100 feet width) as described in a Deed to Lubbock & Western Railway LLC., recorded in County Clerk File Number 2015029381, Official Public Records� Lubbock County, Texas, from which a 1/2 inch iron rod Found for the northwest comer of said called 70.502 acre tract bears North 70°18'06" West, 2067.17 feet; THENCE South 70°18'06" East, along said common line, at 10.47 feet pass a 1'/:° inch iron pipe Found for reference and continuing for a total distance of 15.76 feet to a Point on said common line for the Northeast comer of this tract, from which a Railroad Spike Found for the Northeast comer of said Section 39 bears South 70°18'06" East, 42.03 feet� and North 01 °51'5T' East, 1450.81 feet; THENCE South 01°51'S7" West, along the North line of said Upland Avenue, a distance of 244.98 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 0.09 acre (3,709 square feet). Page 1 of 3 EXHIBIT "A" Bearings shown hereon are referenced to the Texas Coordinate System of 1983, North Central Zone, and are based on the North American Datum of 1883, 2011 Adjustment. All coordinates shown hereon are Su�face 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 sfiown 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 descxiption 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 Professionai Land Surveyor in the State of Texas, hereby certify that this description and plat represent an on-the-ground survey made under my supervision. . ;1. // ' : . �� : .1_ y / � 1.[� .-�� 7 Jeffrey L. Fansler Date Registered Professional Land Surveyor Texas Registration No. 4348 Cobb, Fendley 8� Associates, Inc. TBPELS Land Surveying Firm No.10046700 7727 QuakerAvenue, SuiteA, Lubbock, Texas 79424 Page2of3 � �� ° � F� � `� s =T� n� � �o � O �� V r � C�� n� � � Z � ^�D C � � � � � �� D o� � mo V n� � N �D �� n � � � 0 � � �� p �� m, � 3�� II ��•��b �C) �� I �00 �� n r� i In�.r u�I� � I o�� o I I ��g��br��o c�i�p��"��a�> � b° °�� 5�� <$�� o N �� `"� � � o �� of � � � � II o�n � vA r O � m � � s� � � � � � �� $_ � � � �e �� C �� 5 � � � �� $ � � �� ag ��e � �� : � �� . �� W � �� „�'�,,, r a � � � �'Z` `'r �'4A � � � �� :� r �� r: � � �� g� � � � ��'� � � g�� e � � � �� 8 � g� g, z�� _ N�m A_ A m �,, g ro � � � No � A � � ...► � N . � � � � a� m m _� �� O o x� � o � m m �� 2� �� o� �A nm $N R� � m I� � � z� m�� J J � ; �� w � � �1i m s � ,��' � de � � w a � i g ae 2 C� �� m� �� O Za �� CZ �m mo V �Z � �� i � � j W O m cmi � �� y O J O N J � � � � N 0 e J � � a m � �� o �o O��' � � D N �mc�� \• v' 1� � r w ... � M88°55'33"W 444.75' � wo � �� . �� O J O � V i m A ro � ?� r � �� v ��oG O �� m�� A�mA �� 0 A � s$ z !!� v � � �� N�pe�� , � ` w; �ST � � ��'RpQ�s$�V� w(c�,�'9p/�yC �Ck o,p R � c '��a3a� a NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOirE OR STRIgE 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 SOth Street Parcel No. 8E 3900 Upland Avenue, Lubbock, Tezas 79407 BLK AK SEC 39 AB 228 TR A2 & A3 CITY OF LUBBOCK DRAINAGE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § T� �AT SECA Partners, Ltd., 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 as well as for the placement, construction, repair, maintenance, and replacement of improvements related thereto; 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. WI'�NESS MY HAND this GRANTORISI: 3`� aay of � , 2024 --�— SECA PARTNERS, LTD., a Texas Limited Partnership By: JAQFOUR MAMAGEMENT LLC, a Texas Limited Liability Company, as General Partner By: ��lLl�.,�u�li �_- Kindahl Jackson-Duda, Sole Manager CORPORATE ACKNOWLEDGEMENT �— STATE OF I '�KC�S COUNTY OF �t�l.hl'�?�� This instrument was acknowledged before me on the 3� day of 2024 by Kindahl Jackson-Duda, as the sole manager of Jacqfour Management LC, a Texas limited liability company, as general partner of, SECA Partners, Ltd., a Texas limited liability company. The acknowledging person personally appeared by: � physically appearing before me. ❑ appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Govemment Code chapter 406, subchapter C. �� Dorothy Roderte l3ar�ia � �� rnisslon Expires ��t� ID No.125133238 Grantee's Address: City of Lubbock 1314 Avenue K, 7th Floor Lubbock, TX 79401 �� NOTARY PUBLIC, STATE OF I� 5 My Commission Expires: OB�2� /so2S Drainage Easement Ver. 8.10.23 EXHIBIT "A" DRAINAGE EASEMENT DESCRIPTION — PARCEL R153824 Field notes describing a 0.02 acre Drainage Easement out of a called 70.502 acre tract of land located in Section 39, Block AK. of the GC & SF R.R. Co. Survey, Lubbock County, Texas. Being a 0.02 acre tract of land out of a called 70.502 acre tract of land, described in a Warranty Deed to SECA Partner, LTD., recorded in Volume 5204, Page 88, Official Public Records, Lubbock County, Texas, situated in Section 39, BlockAK, of the GC & SF R.R. Co. Survey, Lubbock, Texas, and further described by metes and bounds as follows; BEGINPIING at a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" (N: 7,269,282.85', E: 910,422.46') set for the northeast corner of this tract on the common north line of said calied 70.502 acre tract and the south right-of-way line of the West Texas 8 Lubbock Railroad (100 feet width) as described in a Deed to Lubbock & Western Railway LLC., recorded in County Clerk File Number 2015029381, Official Public Records, Lubbock County, Texas, from which a Raiiroad Spike found for the northeast comer of said Section 39 bears South 70°18'06° East, 57.78 feet, and North 01 °51'S7" East, 1,450.81 feet; THENCE South 01°51'57" West, a distance of 71.64 feet to a 5/8 inch iron rod with yellow cap stamped °COBB FENDLEY BOUNDARY" (N: 7,269,211.25', E: 910,420.13') set for the southeast corner of this tract; THENCE North 88°0$'03" West, a distance of 10.00 feet to a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" set for the southwest corner of this tract; THENCE North 01°51'S7" East, a distance of 74.86 feet to a 5/8 inch iron rod with yellow cap stamped °COBB FENDLEY BOUNDARY" set on said common line for the northwest corner of this tract, from which a 1/2 inch iron rod found for the northwest comer of said 70.502 acre tract bears North 70°18'06" West, 2,056.65 feet; THENCE South 70°18'06" East, along said common line, a distance of 10.50 feet to the POINT OF BEGINNING and containing within these calis a calculated area of 0.02 acre (733 square feet). Page 1 of 3 EXHIBIT "A" Bearings shown hereon are referenced to the Texas Coordinate System of 1983, North Central Zone, and are based on the North American Datum of 1983, 2011 Adjustment. All coordinates shown hereon are Surface values displayed in US Survey Feet and may be converted to Grid values by dividing those Surtace values by a Surtace 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 piat 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 supervision. i • M .*'�� • r i.�•.�.�.� , r . �� 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 3 N b b � � � m � � � �— L ...� (A �� II� ; � �� nD 0 fA N ��n m �ow �� ov �D� �pD �zm � �_�� o� C�� W� ��O ��D O� Tm i° mo �� fk V � � V �� n `�� wc m �. s�� D A � $ a� �'�� $ 3 � V �� O�=��«�criOP'�°p I v $n � ' ��$,c�iii.�$.mA�m I gf'� � q CC��1 u u I �O��Rl��f�ir o b �T��ppppi $ 9 ��°n�D�jpD � �4�� mD�� o�� y nC mLn �Allp�m �� O� mm z � �j�� om � � ��0�! 5 � D �m� � amo � � ��o � � � � Z A � m � �� NORTH � � � p 9 � `b �' � x II o�n � �� O � fi � � � � �� r � � � � �� 0 � LCAD ID: R153824 CALLED 70.602 ACRES Owner. SECA PARTNERS LTD (V. 5204, P. 88 O.P.R.L.C.T.) Z Z m � 8°g J T- � O W �� -Na O w i.� o¢ N 01° 81' 57" E• 74.88' u �! 0.02 ACRE (?33 SQ. FT W/40' ROW L.C.R.E. (V. 486, P. 428 O.P.R.I.C.T.) SEC 39 9LK. AK UPLAND �' � �� m � � � � � � �. �. � � � �� a� �� r� � � � � � � � � � � �� J � � O tll � �� g � �� yn�5 ��+� �� g� �� S� �g� �� .�� a g�� $�� '�� y� g�� S� I (nz� _ o � �,,y pNW � �a p�: � i� N � �� SEC 38, 9lf< AK A�NUE E/40' ROW L.C.R.E. (V. 488, P. 438 O.P.R.L.C.T.) �1 � � y ,� �y � � � �O �� i �g h N 01' S1' S7' E 1450.81' ,� R.R. SPIKE NE CNR OF 8EC. 39, BLK AK N: 7,270,713.48' E: 910,524.09' City of Lubbock Capital Project Project Cost Detail Apri123, 2024 Capital Project Number: Capital Project Name: Encumbered/Expended Staff - Full Time 92815 Upland Ave: 34th to SOth Street - 22B 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 Apri123, 2024 Parcel 8 - ROW Acquisition Parcel 9 - ROW Acquisition Parcel 10 - ROW Acquisition Parcel 11 - ROW Acquisition Parcel 22 - 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 Approprladon to Date 2023 - 24 Budget 2024 - 25 Budget Construetlon $4,000,000 $13,500,000 $0 TOTAL 54,000,000 513,500,000 SO Project Highlights Council Priorities Addressed: Public Safety Community Improvement Growth and Development Project History 2025 - 26 Budget 2028 - 27 Budget 2027 - 28 Budgat 2028 • 29 Budget $0 EO $0 $0 so so so so PrOjeCt Funding Funding to Date 2023 • 24 Budget 2024 - 25 Budget 2025 - 26 Budget 2026 - 27 Budget 2027 • 28 Budget 2028 - 29 Budget General Obligation Bonds E4,000,000 $13,500,000 $0 $0 $0 $0 ${3 TOTAL E4,000,000 E73,500,000 SO SO SO SO SO Operating Budget Impacts Descrlption 2023-24 202425 2025-26 2026•27 2027-28 2028-29 Total No Impact Anticfpated $0 $0 $ff $� $� $� $0 TOTAL SO i0 SO SO SO i0 SO Q Powered by OpenGov ►� : y --. __. �, � I ; � � ^ r { � M � 3 U^ I . = ' ty� � �n � ~ � � � � `?'� V�J r�i - � n I ��r � f- ; , �`�j � ��7�� i = � � .. � � I � r� ,� . + M � M � .� ��.r � a � ` ` � �. � �� a � I � � +_ Li Q cj� M fi�'i `' �' � � � _ �� ty� M � ' ;; 6►�r�� i �++ N b� 00 I �C��, `.��. 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