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Home My WebLink AboutResolution - 2024-R0239 - Street, Public Use, ROW Ded. Deed, Parcel 6, Upland 34Th St-50Th St Rdwy Proj - 05/14/2024Resolution No. 2024-R0239 Item No. 6.10 May 14, 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 6) 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 Ma,y 14, 2024 APPROVED AS TO CONTENT: � Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: . . Amy L s, Deputy ' Attorney RES. Street and ROW Deed- Section 39, Block AK Parcel 6 Courtney Paz, City Secretary Resolution No. 2024-R0239 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAYREMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM TAIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER. Upland Avenue — 34�b Street to 50'� Street Parcel No. 6 3702 S. CR 1600, Lubbock, Texas 79407 BLK AK SEC 39 AB 228 TR A8B 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 Whiskey and Water, LLC, a Tezas limited liability company, 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 properiy 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 aze used for public street right-of way and uNlity purposes. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Strcey Public Use and Right oC Way Deed Ver. 8.10.23 WITNESS MY HAND this 23rd day of A ril , 2024 GRANTOR: Whiskey and Water, LLC, a Texas limited liability company By: � ^ Grant Koertner, Manager By: Stacey Mincey, Manager ACKNOWLEDGEMENT STATE OF ��G. �- COUNTY OF ^Gr,� b�.�� 2 3°� �, This instrument was acknowledged before me on the � day of � i � , 2024 by Grant Koertner, as the Manager of Whiskey and Water, LLC, a Texas l�mited 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 Government Code chapter 406, subchapter C. ;;�'�:,',� v�cTORw s� ��'��+ A�ly Notary ID # 129711962 NOTARY P L C STA F�� ;}};,,, � E�cplres Feb►uery 14, 2026 ' My Commission Expires: ,,. Z- I�I -10210 Strcet, Public Usc and Right of Way Decd Ver. 8.10.23 ACKNOWLEDGEMENT STATE OF �p�c� � COUNTY OF �N b �Q�,,,_ Z3-��' This instrument was acknowled�ed before me on the �'day of �✓i�_I . , 2024 by Stacey Mincey, as the Manager of Whiskey and Water, LLC, a Texas limited liability company. The acknowledgin� person personally appeared by: �ysically appearing before me. ❑ appearing by an interactive hvo-�vay audio and video communication that meets the requirements for online notarization under Texas Government Code chapter 406, subchapter C. ; A'^�"�;=. VICTORIA STEEN '•'. ..*` My Notary ID # 129711962 s'��,��,��,,,�r �xWres Febtuaryr 14� 2026 Grantee's Address: City of Lubbock 1314 Avenue K, 7`" Floor Lubbock, TX 79401 OTARY PLI I, STATE O ��ccy My Commission Expires: Z 1�� = Lo2 (o �T Strcct, Public Usc und Right of Way Dccd Ver. 8.10.23 EXHIBIT "A" RIGHT-0E-WAY DESCRIPTION — PARCEL R128696 Field notes describing a 0.04 acre Right-of-Way out of a called 0.91 acre tract of land located in Section 39� Btock AK, of the GC & SF R.R. Co. Survey, Lubbock County, Texas. Being a 0.04 acre tract of land out of a called 0.91 acre tract of land, described in a Warranty Deed to Whiskey and Water LLC., recorded in County Clerk File Number 2022056036, 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 baunds as follows; BEGINNING at a 1/2 inch iron rad with yetlow cap stamped "Hugo Reed & Assoc." (N: 7,269,64fi.80' , E: 910�449,31') Found on the common South line of said called 0.91 acre tract and North line of a called 1.811 acre tract of land� described in a Special Warranty Deed to Whiskey and Water LLC.� recorded in County Clerk File Number 2023001906, Official Public Revords� Lubbock County� Texas� and on the West line of a 40 feet wide Lubbock County Right- of-Way Easemerrt for Upland Avenue described in Volume 486, Page 428, Official Public Records, Lubbock County, Texas; THENCE North 88°08'43" West, along said common line, a distance of 15.00 feet to a 5/8 inch iron rod with yellow qp stamped "COBB FENDLEY BOUNDARY" Set for the Southwest comer of this tract, from which a 1/2 inch iron rod Found for the Southwest comer of said 0.91 acre tract� bears North 88°08'43° West, 304.51 feet; THENCE North 01°51'57" East, a distance of 107.83 feet to a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" Set (N: 7,269,755.06'� E: 910�437.83') on the common North line of said called 0.91 acre tract and the South line of a called 2.72 acres tract described in a Special Warranty Deed to D 8 M Myers Trust, recorded in County Clerk File Number 2018047791, Official Public Records� Lubbock County, Texas, for the Northwest comer of this trad, from which a 5/8 inch iron rod Found for the Southwest comer of said 2.72 acre tract, bears North 87°59'32" West. at 304.33 feet pass the Northwest comer of said cafled 0.91 acre tract, and oontinuing for a total distance 304.73 feet; THENCE South 87°59'32" East, along said common line, a distance of 15.00 feet to a Point on the West line of said Upland Avenue for Northeast come� of this tract, from which the Northeast oomer of said called o.91 acre tract� bears South 87"59'32" East, 40.00 feet, and a Railroad Spike Found in reference to said comer, bears North 87°59'32" West, 0.31 feet, and a Railroad Spike (N: 7,270,713.46', E: 910,524.09') Found for the Northeast comer of said Section 39, bears North 01 °51'S7° East, 960.84 feet from the Northeast comer of said called 0.91 acre tract; THENCE South 01°51'S7" West, along the West line of said Upland Avenue, a distance of 107.79 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 0.04 acre (1,617 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 dispiayed 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 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. � �` "� 02 � D �- .«.......». ,)EFFREY L F ................« '�.� 434$ Jeffrey L. Fansler Date Registered Professional Land Surveyor Texas Registration No. 4348 Cobb, Fendley & Associates, Inc. TBPELS Land Surveying Firm No. 10046700 7727 QuakerAvenue, Suite A, Lubbock, Texas 79424 Page 2 of 3 �mWm�� b��,�� wo � � NOrS � �m.nm �NZ �3 0 y � � � � { A1 " D (A n O �� m cz�� om m•`°`�°� � oo D °� rOnv ��m�' W � �� O ,..� �m0� � ��b -�� r �� 0 �m� v OZ� D V � � v �p � xy ^ OD � y t J W��' � bmm � o � � � �� o'� � Q�� -� Z � �D o a -� ,.. ��3 �g A �� 0��?xo�<rz-v � -� ��• �o�o� 3 I �OO�xi� u n m��ppZ ' I �CC�C�-�1�<r�Z00 '''> I C3$3�� C�C�O- I � m��n n� C WQ b�� 11 p I 11 'T1 !A T Z � T(� m C7 T T �� G��j�2�c��"�i_rfD�D m 11 p0^2_D��G��j'< G� =om� *�i�"oz�i'� mc z �•• b2; -�_^y�pC� Z "��SoZ �� C2p nc � �pzzaA� �3 �y Omm Oo nco � � U) � yv �O A U � V � y D bC�i � � { Tmc� � � � D � O � m �. 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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, utifity 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 Approprtadon to Date 2023 • 24 Budget 2024 - 25 Budget Constructlon $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 $0 $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 $4,000,000 $13,500,000 EO $0 $0 $0 $0 TOTAL E4,000,000 513,500,000 SO SO SO SO SO Operating Budget Impacts Description 2023-24 202425 2025•26 2026-27 2027-28 2028•29 Total No Impact Anticipated $0 $0 $0 $0 $a $0 $a TOTAL SO ZO SO SO SO SO SO �' Powared by OponGov ,o r 8�� g� _ �� n� � o � � � a o� �o v Ap � � � � $ � �� 7 � � � �� ' s�� 1 e • � �1 lo I 1 � � � .. 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