HomeMy WebLinkAboutResolution - 2024-R0240 - Street, Public Use, ROW Ded. Deed, Parcel 7, Upland 34Th St-50Th St Rdwy Proj - 05/14/2024Resolution No. 2024-R0240
Item No. 6.11
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 7) 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 May 14, 2024
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
1
q
Am . 'ims, D ity Attorney
RES. Street and ROW Deed- Section 39, Block AK Parcel 7
(:ourtney Yaz, (:ity 5ecretary
Resolution No. 2024-R0240
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 SOCI,4L SECURITYNUMBER OR YOUR DRIVER'S LICEIYSE NUMBER.
Upland Avenue 34� Street to 50'h Street
Parcel No. 7
3708 Upland Avenue, Lubbock, Texas 79407
BLK AK SEC 39 AB 228 TR A8A
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 gant, 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".
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 FOLLOWING PAGE]
Street, Public Use end Right of Way Decd Ver. 8.10.23
WITNESS MY HAND this
GRANTOR:
23rd day of April , Zo24.
Whiskey and Water, LLC, a Texas timited liability company
By:
Grant Koertner, Manager
By:
Stacey Mincey, Manager
ACKNOWLEDGEMENT
STATE OF `�XuS_ _
COUNTY OF
This instrument was acknowledged before me on the Z3�day of A�v� � ,,, 2024
by Grant Koertner, as the Manager of Whiskey and Water, LLC, 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 Government Code chapter 406, subchapter C.
,.,.,
;;�4!''•'Sqt;•. VICTORIASTEEN
;;:�;�; My Notary ID # 129711962
�?',,+',;q;;:��' Expl►98 FebN9ry 14, 2026
OTARY PUBLT , STATE OF
My Commission Expires: Z- i�{-� �� __
Sacct, Pubiic Usc and Right of Way Decd V�r. 8.10.23
ACKNOWLEDGEMENT
_�-
STATE OF c a
COUNTY OF
This instrument was acknowledged before me on the ���day of _�,or ► r �, 2024
by Stacey Mincey, as the Manager of Whiskey and Water, LLC, a Texas limited liability company.
The acknowledging person personally appeared by:
�physically appearing before me.
❑ appearing by an interactive two-way audio and video communicatio�i that meets the
requirements for online notarization under Texas Government Code chapter 406, subchapter C.
;���;.: wcTORws�
� � :*= My Notary ID # 1297119fi2
`' �;;�.�.;R' � Expires Pebniary 14, 2026
Grantee's Address:
City of Lubbock
1314 Avenue K, 7`h Floor
Lubbock, TX 79401
NOTARY PUBLI , STATE O �
My Commission Expires: - ! -
Strcct, Public t3sc und Right oP Way Dccd Vcr. 8.10.23
EXHIBIT "A"
RIGHT-0E-WAY DESCRIPTION — PARCEL R128670
Field notes describing a 0.09 acre Right-of-Way out of a called 1.811 acre tract of land
located in Section 39, Block AK, of the GC � SF R.R. Co. Suroey, Lubbock County� Texas.
Being a 0.09 acre tract of land out of a calted 1.811 acre Vact of land� described in a Speciat
Warranty Deed to Whiskey and Water ILC., recorcled in County Clerk File Number
2023001906, Official 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�646.80' , E: 910�449.31') Found on the common North line of said called 1.811 acre tract
and the South line of a called 0.91 acre t�act described in a WaRanty Deed to Whiskey and
Water LLC.� reoorded in County Clerk File Number 2022056036, Official Public Records�
Lubbock County, Texas, and on the West line of a 40 feet wide Lubbock County Right-of-Way
Easement for Upland Avenue described in Volume 486, Page 428, Official Public Records,
Lubbock County, Texas, from which a Railroad Spike (N: 7,270,713.46', E: 910,524.09') Found
for the Northeast comer of said Section 39, bears South 88°08'43" East, 40.00 feet� and North
01 °51'57" East, 1,068.52 feet;
THENCE South 01°51'S7" West, along the west line of said Upland Avenue, a distance of
264.31 feet to a 1/2 inch iron rod with orange cap stamped "RPLS 4460" (N: 7,269,382.63', E:
910,440.71') Found on the common South line of said called 1.811 acre tract and the North
Right-of-Way line of the West Texas & Lubbock Railroad (100 feet Right-of-Way) described in a
deed to Lubbock & Western Railway LLC., recorded in County Clerk File Number 2015029381.
Oflicial Publlc Rec:ords, Lubbock County, Texas, for the Southeast camer of this tract;
THENCE North 70°19'S8" West� along said common line, a distance of 15.T5 feet to a 5/8 inch
iron rod with yellow cap stamped "COBB FEfdDLEY BOUNDARY" Set for the Southwest comer
of this tract. from which a 1/2 inch iron rod with red cap stamped "AMD ENGINEERING" Found
for the Southwest corner of said called 1.811 acre tract, bears North 70°19'59" West, 320.10
feet;
THENCE Plorth 01°51'S7" East, a d(stance of 259.49 fest to a 5/8 inch iron rod with yellow cap
stamped °COBB FENDLEY BOUNDARY" Set in the common North line of said called 1.811
acre tract and South line of said called 0.91 acre tract, for the Northwest oomer of this tract,
from which a 1/2 inch iron rod Found for the Northwest comer of said 1.811 acre tract, bears
North 88°08'43" West, 304.51 feet;
THENCE South 88°08'43" East, along said common line, a distance of 15.00 feet to the
POINT OF BEGINNING and containing within these calls a calculated area of 0.09 acre (3,927
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 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
supenrision.
'���... i �`/ -�'� "►
�� �I , J
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
��-� "�°�
g »..».�.......
JEFFREY l. FA�BLBi
�-�-�� ....�-
.��9. �4�8 ��1..�
Page 2 of 3
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