HomeMy WebLinkAboutResolution - 2024-R0238 - Street, Public Use, ROW Ded. Deed, Parcel 2, Upland 34Th St-50Th St Rdwy Proj - 05/14/2024Resolution No. 2024-R0238
Item No. 6.9
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 2) 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
�
TRAY PAYNET-iNA OR
ATTEST:
Cou ney Paz, City Secretary
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
�
Amy . ims, eputy City Attorney
RES. Street and ROW Deed- Section 39, Block AK Parcel 2
Resolution No. 2024-R0238
2024023946 6 PGS DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAYREMOVE OR STRI%E ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTR UMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Upland Avenue - 34�' Street to 50�' Street
Parcel No. 2
3406 Upland Avenue, Lubbock, Texas 79407
BLK AK SEC 39 AB 228 TR A7A
CITY OF LUBBOCK
STREET, PUBLIC USE AND RIGHT aF WAY DEED
THE STATE OF TEXAS
COUNTY OF LUBBOCK
§
§ KNOW ALL MEN BY THESE PRESENTS:
�
THAT Steven Richardson, and wife, Marcela Richardson, herein called "GRANTOR",
for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good
and valuable consideration, ta him/her in hand paid by the CITY OF LUBBOCK, TEXAS, a
Horne Rule Municipal Corporation, Grantor does hereby grant, sell, and convey to Grantee for
public use forever and far street right-of-way and utllity purposes, the folEowing described tract of
land situated in Lubbock County, Texas, as more parFiculariy 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 publlc street purposes.
[SIGIVATURES APPEAR ON THE FOLLOWING PAGE]
Street, Public Use and Right of Way Deed Ver. 8.10.23
WITNESS MY HAND this 19th day of
GRANTOR:
_���_�r ��hr�'�L�
Steven Richardson
April , 2024.
L
arc la Richardson
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
.� �i 1
Thls Instrument was acknowledged before me on the � day of �✓' ) r , 2024
by Steven Richardson and wife, Marcela Richardson. 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.
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c��j'- •i� :••Y COf�Sivi1-^: ii�V EY,!�IR�S
�I'„�,,�' i,-� J'3f31/202%
,���� �40TARY ID: '1�44561�-5
'- .f' J .., .� .� ti. ."J'.�J--
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NOTA PUBLIC, STATE OF TEXAS
My Commission Expires:
Grantee's Address:
City of Lubbock
1314 Avenue K, 7'�' Floor
Lubbock, Texas 79401
Street, Public Use and Rlght of Way Deed Ver. 8.10.23
EXHIBIT "A"
RIGHT-0E-WAY DESCRIPTION — PARCEL R128646
Field notes describi�g a 0.04 acre Right-of-Way out of a called 0.96 acre tract of land
located in Section 39, Block AK, of the GC � SF R.R. Co. Survey, Lubbock County, Texas.
Being a 0.04 acre tract of land out of a called 0.96 acre tract described in a deed to Steven
Ross Richardson, recorded in County Clerk Fite Number 2008003296, Official Pubiic 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;
BEGINNIfdG at a 1/2 inch iron rod (N: 7,270,447.85', E: 910,475.41') Found for the Northeast
comer of this tract in the common North line of said called 0.96 acre tract and the South line of a
called 0.90 acre tract described in a Warranty Deed with Vendor's Lien to Chad and Amanda
Moore, recorded in County Clerk File Number 2018036068, O�cial 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 corner of said Section 39, bears South 88°17'01" East, 40.00 feet and North
01 °51'S7" East, 266.95 feet;
THENCE South 01°51'57" West, along the West line of said Upland Avenue, a distance of
116.07 feet to a Point for the Southeast corner of this tract in the South line of said called 0.96
acre tract;
THENCE North 88°08'03" West, along the South line of said called 0.96 acre tract, a distance
of 15.00 feet to a 5/8 inch iron �od with yellow cap stamped "COBB FENDLEY BOUNDARY" (N:
7,270,332.34', E: 910,456.65') Set for the Southwest corner of this tract, from which the
Southwest comer of said called 0.96 acre tract bears North 88°08'03" West, 305.06 feet, and a
1/2 inch iron rod with a� illegible cap Found in reference to said corner, bears North 88°08'03"
West, 0.74 feet;
THENCE North 01°51'57" East, a distance of 116.03 feet to a 5/8 inch iron rod with yellow cap
stamped "COBB FENDLEY BOUNDARY" (N: 7,270,448.30', E: 910,460.41') Set for the
Northwest comer of this tract in the common North line of said called 0.96 acre tract and South
line of said called 0.90 acre tract, from which a 1/2 inch iron rod with yellow cap stamped "Hugo
Reed & Assoc." Found for Northwest corner of said called 0.96 acre tract, bears North 88°17'01"
West, 305.13 feet;
THENCE South 88°17'01" 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 0.04 acre (1,741
square feet).
Page 1 of 3
EXHIBIT "A"
Bearings shown hereon are referenced to the Texas Coordinate System of 1983, No�th 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 Surtace Adjustment Factor of 1.00021. All
distances shown hereon are Su�face 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.
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
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
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�OPL�
Kelly Pinion, County Clerk
Lubbock County, TEXAS
06/13/2024 10:34 AM
Recording Fee: $41 00
2024023946
Resolution No. 2024-R0238 2024023947 7 PGS EASE
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAYREMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATIONFROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS.•
YOUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Upland Avenue — 34'� Street to 50�' Street
Parcel No. 2
3406 Upland Avenue, Lubbock, Texas 79407
BLK AK SEC 39 AB 228 TR A7A
CITY OF LUBBOCK
SLOPE AND TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK §
DATE: �, i� �G� � �l Z' I
GRANTOR: Steven Richardson and wife, Marcela Richardson
GRANTOR'S MAILING ADDRESS (including County):
4902 59�' Street
Lubbock, TX 79414
GRANTEE: CITY OF LUBBOCK
GRANTEE'S MAILING ADDRESS (including County):
1314 Avenue K, 7�' Floor
Lubbock, Lubbock County, Texas 79401
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged.
EASEMENT PROPERTY: BEING a tract of land more particularly described in the attached
Exhibit A.
Grantor, for the Consideration paid to Grantor, hereby grants, sells, and conveys to Grantee, its
successors and assigns, the use and passage on, over, across, below and along the Easement
Property situated in Lubbock County, Texas, for the construction, operation, maintenance,
upgrade, inspection and repair of a Permanent Slope Easement and for a Temporary Construction
Easement on the Easement Property, more fully described in Exhibit A attached hereto and
incorporated herein for all pertinent purposes.
Slope and Temporary Conslruction Easement Ver. 8.11.23
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 grading 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 - 34th Street to 50th 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
wananty 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 and Temporary ConsVuction Easement Ver. 8.11.23
GRANTOR:
_�������� ..-
Steven Richardson
C�-t �
�
Marcela Richardson
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
�� `
This instrument was acknowledged before me on the � day of _���� c , 2024
by Steven Richardson and wife, Marcela Richardson. 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.
<Pa'"P�e P. HOWARD BAILEY, JR.
�=o,,--�. �
;� � MY COMMISSION EXPIRES
�,,� , 'y 01/31/2027
�qF� NOTARY ID: 12445644-5
Grantee's Address:
City of Lubbock
1314 Avenue K, 7�h Floor
Lubbock, TX 79401
,7�' �'`�-
NO ARY UBLIC, STATE OF
My Commission Expires:
Slope and Temporary ConsVuction Easement Ver. 6.11.23
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
DESCRIPTION — PARCEL R128646
Field notes describing a 387 square feet temporary construction easement (Tract 1) out
of a called 0.96 acre tract of land located in Section 39, Block AK, of the GC 8� SF R.R. Co.
Survey� Luhbock County, Texas.
Being a 387 square feet tract of land out of a called 0.96 acre tract described in a deed to
Steven Ross Richardson, recorded in County Clerk File Number 2008003296, 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 5/8 inch iron rod with cap stamped °COBB FENDLEY BOUNDARY" (N:
7,270,335.80', E: 910,456.75') set for the southeast corner of this tract, from which the
southwest comer of said called 0.96 acre tract bears South 01 °51'57" West, 3.47 feet and North
88°08'03" West, 305.06 feet and a found 1/2 inch iron rod with an illegible cap bears North
88°08'03" West, 0.74 feet from the southwest comer of said called 0.96 acre tract;
THENCE North 88°08'03" West, a distance of 13.36 feet to a 5/8 inch iron rod with cap
stamped °COBB FENDLEY BOUNDARY" (N: 7,270,336.24', E: 910,443.40') set for the
southwest corner of this tract;
THENCE North 01 °51'57" East, a distance of 29.00 feet to a Point for the northwest comer of
this tract;
THENCE South 88°08'03" East, a distance of 13.36 feet to a Point for the northeast comer of
this tract;
THENCE South 01°51'57" West, a distance of 29.00 feet to the POINT OF BEGINNING and
containing within these calls a calculated area of 387 square feet of land.
Field notes describing a 437 square feet temporary construction easerr�ent (Tract 2) out
of a called 0.96 acre tract of land located in Section 39, Block AK, of the GC 8 SF R.R. Co.
Survey, Lubbock County, Texas.
Being a 437 square feet tract of land out of a called 0.96 acre tract described in a deed to
Steven Ross Richardson, recorded in County Clerk File Number 2008003296, 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;
BEGINNING at a 5/8 inch iron rod with cap stamped °COBB FENDLEY BOUNDARY" (N:
7,270,434.40', E: 910,459.96') set for the northeast corner of this, from which a 1/2 inch iron rod
with cap stamped "Hugo Reed � Assoc." found for the northwest comer of said called 0.96 acre
tract bears North 01'51'57" East, 13.91 feet and North 88°17'01" West, 305.13 feet;
THENCE South 01 °51'S7" West, a distance of 34.00 feet to a Point for the southeast comer of
this tract;
THENCE No�th 88°08'03" West, a distance of 12.86 feet to a Point for the southwest corner of
this tract;
Page 1 of 3
EXHIBIT "A"
THENCE North 01°51'57" East, a distance of 34.00 feet to a 5/8 inch iron rod with cap
stamped °COBB FENDLEY BOUNDARY" (N: 7,270,434.82', E: 910,447.11') set for the
northwest corner of this tract;
THENCE South 88°08'03" East, a distance of 27.86 feet to the POINT OF BEGINNING and
containing within these calls a calculated area of 437 square feet of land.
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 Surtace Adjustment Factor of 1.00021. All
distances shown hereon are Su�face 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.
g;���_�.
..� ...............
2 -(9 -2 JEFFREY L. F
..................,
t�r,'09 4348
Jeffrey L. Fansler Date
Registered Professional Land Surveyor
Texas Registration No. 4348
Cobb, Fendley B�Associates, Inc.
TBPELS Land Surveying Firm No. 10046700
7727 Quaker Avenue, Suite A,
Lubbock, Texas 79424
Page 2 of 3
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
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Kelly Pinion, County Clerk
Lubbock County, TEXAS
06/13/2024 10:34 AM
Recording Fee: $45.00
2024023947
City of Lubbock
Capital Project
Project Cost Detail
May 14, 2024
Capital Project Number:
Capital Project Name:
92815
Upland Ave: 34th to SOth Street - 22B
EncumberedlExpended
Staff - Full Time
Contract 17074 with Freese and Nichols for Design Services
Contract 17074 Amendment 1 with Freese and Nichols
Parcel 1 - ROW Acquisition
Parcel 3 - ROW Acquisition
Parcel4 - ROW Acquisition
Parcel 13 - ROW Acquisition
Parcel 19 - ROW Acquisition
Parcel 20 - ROW Acquisition
Parcel 8 - ROW Acquisition
Parcel9 - ROW Acquisition
Parcel 10 - ROW Acquisition
Parcel 11 - ROW Acquisition
Parcel 22 - ROW Acquisition
Agenda Item May 14, 2024
Parcel 14 - ROW Acquisition
Parcel 15 - ROW Acquisition
Parcel2 - ROW Acquisition
Parcel 6 - ROW Acquisition
Parcel 7 - 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
25,044
3,120
12,187
11,363
94,292
2,684,250
1,315,750
$ 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
Pt'ojeCt Appropriations
Appropriatlon to Date 2023 - 24 Budget 2024 • 25 Budget
Construetlon 54.000,000 $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 Budget 2028 - 28 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
Generel Obligation Bonds $4,000,000 $13,500,000 $0 $0 $0 $0 $U
TOTAL E4,000,000 573,500,000 SO SO SO SO SO
Operating Budget Impacts
Descrlption 2023•24 202425 2025-26 2026•27 2027-28 2028•29 Total
No Impaat Anticipated $0 $0 $0 $0 $0 $0 $0
TOTAL ZO EO SO SO EO SO SO
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