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HomeMy WebLinkAboutResolution - 2024-R0243 - Water Line Easement Agreement, SWLLD, LLC, Loop 88 ROW - 05/14/2024Resolution No. 2024-R0243 Item No. 6.14 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 execute for and on behalf of the City of Lubbock a Water Line Easement Agreement, by and between the City of Lubbock and SWLLD LLC, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on AT"TEST: Courtney Paz, City Secretary May 14, 2024 TRA A �, OR APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: A . i , Depu ttorney RES.Agreement- Water Line Easement Loop 88 I�ETURN: II�cST T�XA�. ITLE COMPANY � Z024027923 9 PGS EASE � FILE N0. �' r' �, �III IV�� p� Na� 14�IFF�M��I�i� �� i�� �� �� � WATER LINE EASEMENT Resolution No. 2024-R0243 THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT SWLLD, LLC, a Texas limited liability company, whose mailing address is P.O. Box 64664, Lubbock, Texas 79464, herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), to GRANTOR in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, herein called "GRANTEE", whose mailing address is 1314 Avenue K, Lubbock, Texas 79401, 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 water line easement, the free and uninterrupted use, liberty of passage in, on, over, upon, along, under and across all that property lying and being situated in the County of Lubbock, State of Texas, and being more particularly described in the attached Exhibit "A," together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining a water line, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged in such construction and repair. In order to assure the said CITY OF LUBBOCK, its successors and assigns of continuing access and enjoyment of said easement, GRANTOR does hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent structure over the said property heretofore described, and should such building or structure be erected, it is understood that the CITY OF LUBBOCK shall have the right to remove said building or structure from the premises. GRANTOR and its successors and assigns may use all or part of the property burdened by the perpetual easement granted herein as long as such use does not violate the terms hereof or interfere with the use and enjoyment of the easement by GRANTEE. Further, GRANTOR may convey the property burdened by the perpetual easement granted herein, as long as such conveyance is subject to this agreement. 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 public uses the same for the purposes herein granted. `' �"� v 1 WITNESS THE EXECUTION OF THIS INSTRUMENT this the � v' day of � , 2024. Grantor: SWLLD, I���, a Texas limited liability company THE STATE OF TEXAS COUNTY OF LUBBOCK By: �: Thom K. 0 � BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Thomas K. Payne, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration herein expressed and in the capacity herein stated as the act and deed of said SWLLD, LLC, a Texas limited liability company. F-�'U1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of�. Vi , 2024. o���m�°�,� f�i�NCY FLOYD .�,� Notary Public, Sta;e oi Texas ,,� Notary ID� 509841 •3 " �,F�/ My Commission Ezp�res 08•24•2026 I � � � �� Notary Public in and for the State of Texas My Commission Expires: DESCRIPTION FOR PARCEL 2 METES AND BOiJNDS DESCRIPTION of a 10 foot wide waterline easement situated in the called 133.7 acre tract described in County Clerk File Number 2013022842 of the Official Public Records of Lubbock County Texas (hereinafter refened to as CCFN) located in the Southeast quarter of Section 20, Block AK, H.E.&W.T. RR Co. Survey, Lubbock County, Texas with said waterline easement being further described as follows: BEGINNING at a found TxDOT monument in an East line of said 133.7 acre tract at the Northeast corner of TxDOT Parcel 172 Part 1 described in CCFN 2022030182 and being in the proposed North right-of-way line (hereinafter referred to as ROW) of F.M. Road 1585 and also being North 88°13'30" West, a distance of 1,945.03 feet and North O1°47'00" East, a distance of 266.09 feet from the Southeast comer of said Section; THENCE with said proposed ROW along a curve to the right with an arc length of 25.70 feet, a radius of 7,958.00 feet, a chord bearing of North 88° 18'46" West, and a chord length of 25.70 feet to a TxDOT monument found at a point of tangency; THENCE North 88°13'13" West continuing along said proposed ROW, a distance of 313.35 feet to a TxDOT monument found in the West line of said 133.7 acre tract at the Southwest corner of this tract; THENCE North 01 °45'23" East along said West tract line, a distance of 10.00 feet to a point for the Northwest corner of this tract; THENCE South 88° 13' 13" East, 10 feet North of and parallel to said proposed ROW, a distance of 313.35 feet to a point of tangency; THENCE continuing 10 feet North of and parallel to said proposed ROW, along a curve to the left with an arc length of 25.70 feet, a radius of 7,948.00 feet, a chord bearing of South 88° 18'47" East, and a chord length of 25.70 feet to a point in the said East tract line, at the Northeast corner of this parcel; THENCE South Ol °47'00" West along said East tract line, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.078 Acres (3,391 Square Feet), more or less. WATER LINE EASEMENT FARM TO MARKET ROAD 1585 E HUGO REED AND ASSOCIATES, INC_ Parcel2 PERIMETER SURVEY OF A 0.078 ACRE PARCEL LOCATED IN SECTION 7, BLOCK JS LUBBOCK COUNTY, TEXAS Mazk C. Williams, Registered Professional Land Surveyor No. 5461 State of Texas ,� :..... ... ....... ..r ...� ..... MARK C. WILLIAPAS ...: .......................... � ; 9 5461 P ; , �� O � Q` `�N� SUR Oy0 D SURVEYORS 1601 AVENUE N L ENGINEERS �ussoCK, TEXAS 79401 LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Beazings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.00025 Copyright 2023, Hugo Reed and Associates, Inc. Page 2 of 2 am C v'� H12iON �;,; J Q U � I I � I I � Qo ��,� h�� 41 �� I v I �n ���' O m� C.) N M M ,r�J O� � � � ��� -�M� ,� ti � UN� � � v I�I �azui ��V I I �� U 0 � � � � O M O M � � � � V v � Q � � � � � � � v a � Q 3 � � � O i � ��ti � � �O �l W = �v �v �° � � � o 0 � � � V N N a` � � � o 0 � � � � � �--� O O j O O O � � � � � � � � aU r � �N O O _ � vl Vl U � N N `o L U C � 3 � � U � � d � v o � � � o0 00 ` °° � � z > U U � U 11:v r^ c�o vJ `, v�0 Q�� ��� � � Z V 3 w r� 3 O � N � � � O y � a � � � a a � � � � O O�O O o z z � � H L � � M � M � J J M O [�1 ^ � � � � � � J z � a ❑z Ww LL Q O O'^ � V, Q = Z Q � a°G• 3 � O a �C � a u� I I � �� �� � , � ° �� 3 0 � a � a � C �� 0 0 � C=; w � W Ca �� z 0 c��+ U w �y V O��Q �o��S, � Q��Q i W��� w ��,�� � . � Znf7M ^ � � >��� o °'° � g aFoo a«,�i ^ � o �� � � V ltl �''- � �n ci OZ� d N V? p �= m 0 m= Cfn�O N �a '� � V ^ iO J O A w �: U � Q � � v�i o� �z�," a �LL � „�w ni x G � C o� F o y � �d LL y ,a � � .o �iI�LL� O C'C7 � CG � w � C�' •� O O} W w C7 � U�j c� $ � IJ,� W� w (d L. 'O O .T�.. o U ��o� � z � N � e O 1Z �' �' �= N J Z y y f � W cW.> w � `� � Z�'� � >, � U � � ;''•• 6 �?' � a:�dy.o •_y �: Q�� � : O t7 ro�� ��� :%�:�j• (q�� •���V�Il) lU;� � .� YS'�!' ; Q sQQ:O�•,��� % ", g :.� ►`.�' �� � IWI �� � I I I I I I � �3h ho� �� ��z � � �I'1 � z� w� �O w� W Cc1 W � .a ¢ � O w �, � 3� [�. z� � Lc" � � X o¢Uw F- N��O� � � � � � p.,wQNU F- Q- Z �G ��Oo �¢Hm � ao�,.� O o •, � � z 7 � v � �� 0 �� w �.., 0 o. � b � � �- �y � �� � o �z U '� � DESCRIPTION FOR PARCEL 5 METES AND BOUNDS DESCRIPTION of a 10 foot wide waterline easement situated in the called 133.7 acre tract described in County Clerk File Number 2013022842 of the Official Public Records of Lubbock County Texas (hereinafter referred to as CCFN) located in the Southeast quarter of Section 20, Block AK, H.E.&W.T. RR Co. Survey, Lubbock County, Texas with said waterline easement being further described as follows: BEGINNING at a TxDOT monument found at the Northwest corner of TxDOT Parcel 172 Part 2 described in CCFN 2022030182, and being in a West line of said 133.7 acre tract, and being in the proposed North ROW of F.M. 1585, and also being North 88° 13'30" West, a distance of 941.04 feet and North 01 °48'30" East, a distance of 321.71 feet from the Southeast corner of said Section; THENCE North Ol °48'26" East along said West line of said 133.7 acre tract, a distance of 10.02 feet to a point for the Northwest corner of this parcel; THENCE 10 feet North of and parallel to said F.M. 1585 ROW, along a non-tangent curve to the to the right with an arc length of 365.27 feet, a radius of 8,052.00 feet, a chord bearing of North 89°55' 13" East, and a chord length of 365.24 feet to a point in an ell line of of said TxDOT Parcel for the Northeast corner of this parcel; THENCE South 01 °13' 13" West along said ell line and proposed North ROW, a distance of 10.00 feet to a TxDOT monument found at the Southeast corner of this parcel; THENCE continuing along said proposed North ROW and Parcel, along a non-tangent curve to the to the left, at 75.17 feet pass a 5/8" bent iron rod, and continuing for a total arc length of 365.37 feet, a radius of 8,042.00 feet, a chord bearing of South 89°55'06" West, and a chord length of 365.34 feet to the POINT OF BEG[NNING and containing 0.84 Acres (3,653 Square Feet), more or less. � a 0 ry N R O� Hf s N O$'� a � x 0 WATER LINE EASEMENT FARM TO MARKET ROAD 1585 Parcel 5 PERIMETER SURVEY OF A 0.236 ACRE PARCEL LOCATED [N SECTION 20, BLOCK AK LUBBOCK COUNTY, TEXAS ��_`.�T ��O : � C� i ~� � • : ..............:>>!? .Z`•:!, MARK C. tAIILLiAMS ••�•.�.•.• e...•.•••���.� i'� 5461 �: :90 ��;: `�'� F S U A �yOQ, HUGO REED AND ASSOCIATES, INC. D SURVEYORS 1601 AVENUE N L ENGINEERS �UssOCK, TEXAS 79401 LICENSED SURVEYING FIRM 1�676-00 PHONE: 806 / 763-5642 REGISTERED ENGINEERING FIRM F-780 FAX: 806 / 763-3891 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.00025 Mark C. Williams, Registered Professional Land Surveyor -� No. 5461 State of Texas = [SSUED: �% /17 /20 Zy Copyright 2023, Hugo Reed and Associates, Inc. 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N. � :� ^ . "� ; )d�:6'p�' �4�JI�. ?.-Jir � :7 :�:� cn:� :�t f�:� ; �j • �n iu; y . � �� O � � �� s• :Q:Q�:•�,� : g •• : � _ : _ � z� W Q �o w� wW W � z¢ .� � �'W" O 3� Gi. z� ���¢ O¢`'`L�i w U �, >oO�= �����- ��U � aw¢oo �aZ� ��00 U '"i 0.1 � ¢ F"� Ca aN�U� O � N �..� � 0. CU vi N % �U O N Q � � a o°n x M N O N .� 0 U L � �� � � � � o � �N � � `� 0 N � � � �- .^ � �� ao �z U `� � FILED AND RECORDED OFFICIAL PUBLIC RECORDS * * c., Kally Plnion County Clerk Lubboek Coun�y TEXpS 07/1S/2024 31:�0 AM FEE: g33.00 2024027923 Resolution No. 2024-R0243 Water Line Easement Agreement City of Lubbock and SWLLD LLC SWLLD LLC, referred to in this Agreement as"Grantor", agrees to grant to the City of Lubbock, Texas, referred to in this Agreement as"Grantee", a waterline easement on a parcel of land which is more or less 0.0316-acres (13,756 sfl, described as property located in Block AK, Section 20, Tract 1 and Tracts B and C, Mel Abbe Addition, City of Lubbock, Lubbock County, Texas, and more particularly described in the attached Exhibit "A," which exhibit is incorporated into this Agreement and made a part of this Agreement for all purposes. The water line easement to be conveyed pursuant to this Agreement is referred to in this Agreement as the « „ roperty. The document to convey the Property shall be in the fornl of a Water Line Easement. All work performed on the Property shall be performed expeditiously, in a good and workmanlike manner, and in accordance with all applicable laws, codes, statutes, pennits and regulations of all applicable govemmental authorities. The payment of Forty-four thousand, seven hundred seven and no/100 ($44,707.00) as herein agreed, will constitute full payment to be made by Grantee to Grantor for the Water Line Easement. Upon receipt of payment by Grantor, the conveyance document will be executed and recorded to finalize this transaction. Grantee, without cost to the Grantor, will pay the cost of recording of the instrument conveying the Water Line Easement along with any and all other related costs. This Agreement shall be effective as of the date the last pariy executes this Agreement (the "Effective Date"). EXECUTED by the parties as indicated below to be effective as of the Effective Date. TRA , R ATTEST: Courtney Paz, City Secretary �� �' �-`� Date May 14, 2024 Date GRANTEE: City of Lubbock, Texas Resolution No. 2024-R0243 WATER LINE EASEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT, SWLLU LLC, herein called "GRANTOR[S]", for and in consideration of the sum of TEN AND NOI100 DOLLARS ($10.00), 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, SARGAINED, 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 water line easement, the free and uninterrupted use, liberty of passage in, on, over, upon, along, under and across all that property lying and being situated in the County of Lubbock, State of Texas, and being more particularly described in the attached Exhibit "A," together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining a water line, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged in such construction and repair. In order to assure the said CITY OF LUBBOCK, its successors and assigns of continuing access and enjoyment of said easement, GRANTOR[S] does hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent structure over the said property heretofore described, and should such building or structure be erected, it is understood that the CITY OF LUBBOCK shall have the right to remove said building or structure from the premises. Grantor and its successors and assigns may use all or part of the property burdened by the perpetual easement granted herein as long as such use does not violate the terms hereof or interfere with the use and enjoyment of the easement by Grantee. Further, Grantor may convey the property burdened by the perpetual easement granted herein, as long as such conveyance is subject to this agreement. 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 public uses the same for the purposes herein granted. WITNESS THE XECUTION OF THIS INSTRUMENT this the _/'� , 2024. Gr : Pri � day of .�� ��� r THE STATE OF TEXAS COUNTY OF LUBBOCK � �� BEFORE ME, the undersi ed authorit a N ry Public in and for said County, Texas, � � on this day personally appeared �� �, U�� � known to me to be the person whose name is subscnbed to the foregoing mstrument, and acknowledged to me that he executed the same for the purposes and considera ion herein expressed and in the capacity herein stated as the act and deed of said ��G.�� f�,-� Q�'a��� IVEN UNDER MY HAND AND SEAL OF OFFICE this � day of ' , 20� ����pV P ��/i KENNETH W JERNBERG ��`P'��� Ge=�' Notar Public, State of Texas _ir� �; Y =���'e: Comm. 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N 7 � � J o� �N � ww 0 o. � N `� � �� .� � � � �z 3 V '� � DESCRIPTION FOR PARCEL 4 METES AND BOUNDS DESCRIPTION of a 10 foot wide waterline easement situated in Tracts "B" and "C" of Mel Abbe Addition, to the City of Lubbock, Lubbock County, Texas, according to the plat thereof recorded in County Clerk File Number 2014026093 of the Official Public Records of Lubbock County, Texas (hereinafter referred to as CCFN) located in the Southeast quarter of Section 20, Block AK, H.E.&W.T. RR Co. Survey, Lubbock County, Texas with said waterline easement being further described as follows: BEGINNING at a TxDOT monument found in the East line of said Tract "C" at the Northeast corner of TxDOT Parcel 176 described in CCFN 2019014888 and being in the North right-of-way line (hereinafter referred to as ROW) of F.M. Road 1585 and also being North 88° 13'30" West, a distance of 941.04 feet and North O1 °48'26" East, a distance of 321.71 feet from the Southeast corner of said Section; THENCE with said ROW along a curve to the to the left with an arc length of 297.74 feet, a radius of 8,042.00 feet, a chord bearing of South 87°33'22" West, and a chord length of 297.73 feet to a mag nail found at a point of reverse tangency; THENCE continuing with said ROW along a reverse curve to the right with an arc length of 373.42 feet, a radius of 7,958.00 feet, a chord bearing of South 87°50'23" West, and a chord length of 373.39 feet to a mag nail with shiner marked "DiJNAWAY" found in the West line of said Tract "B" at the Southwest corner of this parcel; THENCE North O1 °47'27" East along the West line of said Tract "B", a distance of 10.01 feet to a point for the Northwest corner of this parcel; THENCE 10 feet North of and parallel to said ROW along a curve to the left with an arc length of 373.50 feet, a radius of 7,948.00 feet, a chord bearing of North 87°50' 17" East, and a chord length of 372.46 feet to a point of reverse tangency; THENCE continuing 10 feet North of and parallel to said ROW along a reverse curve to the right with an arc length of 298.67 feet, a radius of 8,052.00 feet, a chord bearing of North 87°33'29" East, and a chord length of 298.65 feet to point in the East line of said Tract "C", from which a]/2" rod with cap marked "HUGO REED & ASSOC." found at the Northeast corner of said Tract "C" bears North 01 °48'26" East, a distance of 28.18 feet, at the Northeast corner of this parcel; THENCE South O1 °48'26" West along the East line of said Tract "C", a distance of 10.02 feet to the PO[NT OF BEGINNING and containing 0.154 Acres (6,712 Square Feet), more or less. 0 WATER LINE EASEMENT FARM TO MARKET ROAD 1585 Parcel 4 PERIMETER SURVEY OF A 0.154 ACRE PARCEL LOCATED IN SECTION 7, BLOCK JS LUBBOCK COUNTY, TEXAS i y �' � q� :cS Li : O'�� ::............. u��:J... .� MARK C. �IILLIAMS �•��..•.••��.•��••.•��•��.�•� i q 54f 1 �: : p �yP: L� `��FSUR� ��Q HUGO REED AND ASSOCIATES, INC_ D SURVEYORS 1601 AVENUE N L ENGINEERS �ussoCK, TEXAS 79401 LICENSED SURVEYING FIRM 100676-00 PHONE: 806 / 763-5642 REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Bearings are relative to the Texas Coordinate System of 1983, North CenVal Zone, NAD 83 (2011), Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.00025 Mark C. Williams, Registered Professional Land Surveyor �d� No. 5461 State of Texas . ISSUED: N/li/20 Z'j Copyright 2023, Hugo Reed and Associates, Inc. Page 2 of 2 � I � I � � � � y � w u � � ~ � � � �N I � � i �o � �� I V O � b��A •� � i..� � � � � � • � � � �� � � �� V Q I� � a � � � � �, i I�' � L1Y:YIq I - � 1 � � z --�--- _ c a� d � a c � v� 3 Q G ^ � ^ � �� � � � � 'p � N � a 0 o. _� c � a�i N a W � � vr 3 Q '� �n C '— � p' OM �M � � _ � �w, W O Q 0 � -- W � � � W � C �` � v � �' 'C M - '. o� �� �� �, M r � � , . :, � ,� `' c � � �� U� � r?'' a ' ' � 0 �i ` o.. � r � ; � � �4 ti � F w1!� � ` � � � . � A � ° h ,� � . •� � - , !t � i •,, : - � °° + 1 ' H � � y� # � ��: �� � � �� o � 0 N � r �, � O ~ a i � � .,. � i _,,� � 0 ��.� � � � M � q - � ` �� �� � � � ; r ►'s � " : ��� Q � � � s �� � �� - � ��� a�� � �a � ���� n +�. � �L $ � ,ro �� _. � �ss � �,� � .O ��a o . �� � �� �� � �� � $Qn 0 � � y M ��� � i�' o Ye� �� N ��� N :2. �a � '� ` O ��� �O u�3 � � " � � �8� .�� ; � � ��.� - o a�o City of Lubbock Capital Project Project Cost Detail May 14, 2024 Capital Project Number: Capital Project Name: Encumbered/Expended 92857 Loop 88 Segment 3D Water Line Relocation Agenda Items May 14, 2024 Water Line Easement, Parcel2, 4 and 5— SWLLD LLC Water Line Easement, Parcel 1- FADEV LLC Water Line Easement, Parcel3 - Giesbrecht Encumbered/Expended To Date Estimated Cost for Remai�ling Appropriation Construction Loop 88 Segment 3D Water Line Relocation Remaining Appropriation Total Appropriation Budget 44,707 10,628 11,300 66,635 1,886,769 $1,953,403 1\GJVIULWII 1VV. GVGY-I�VG`FJ A. Sett�ement Statement U.S. Department of Housing and Urban Development B. T e of Loan I. O FHA 2. ❑ FmHA 3. O Conv Unins 6. File Number 7. Loan Number 8. Mong 4. ❑ VA 5. O Com� Ins. 6. O Seller Finance 38282 7. � Cash Sale. C. Note: This fo�m is fumished to give you a stalemenl of actual setllement costs. Amounls paid to and by the settlement agent are "(o.o.c.)" were oaid oulside Ihe closine: thev are shown here for infomiational ourooses and are not included in the totals. City o( Lubbock, Texas SWLLD, LLC, e Texas Ilmited liebiliry 1314 Aveoue K compauy Lubbock, TX 79401 P.O. Box 64664 Lubbock, TX 79464 G. Property Localion H. Seltlemrnt Agent Name WEST TEXAS TiTLE COIUPANY, INC. Parcels 2 end 5: 10' wide weter Ilne easement situeted fn the SE/4 of 8001 Que�er Aveoue, Sulte E Sectlon 20, Block AK, Lubbock Couoty, TX Lubbock, TX 79424 Taz ID: 752255997 Underwritten By: OMB No. 2502-0265 Parcet 4: 10' wide weter lioe easemeot situated In Trecis B and C, Dfel Abbe Additlon, Lubbock Couoty, TX Place of Settlement 1. Seltleme West Texes Title Compeny, luc. 6/26/2024 8001 Quaker Avenue Fund: Suite E J. Summary of Borrower's TreusacHon K. Summary otSeller's Traossctlon 100. Gross Amount Due from Borroe•er 400. Gross Amount Due ro Seller 101. Contraa Sales Price 544,707.00 401. Convact Sala Price 544,707.00 102. Personal Propeny 402. Personal Property 103. Seulemrnt Charges to boaower 5953.00 403. 104. 404. 105. 405. Adjustmeots for ftems paid by seller in adveoce 106. City property taxes 107. County property taxes 108. School property tues 109. Other taxes 110. Olhertaxes lll. Othertaxes 112. 113. Adjustmenb for items paid by seller in advence 406. City property taxes 407. County property taxa 408. School property taxes 410. Othertaza 411. Othertaxa 414. 116. 120. Gross Amount Due From Borrower 200. Amounts Pald By Or lo Behalf Of Borrow•er 201. Deposit or eamest money 202. Principal amounl of new loan(s) ?03. Exisling loan(s) takrn subject to 204. Loan Amount 2nd Lirn 205. 206. 207. 208. 209. Adjustments for items uup 210. City property tazes 211. County property tazes 212. School propeny tues 213. Othertaxes 214. Othertaxes 215. O�hertaxes 216. 217. 218. ?19. 545,660.00 420. Gross Amount Due ro Seller 500. ReducNons in Amount Due to Seller 501. Excess Deposit 502. Settlemrnt Charges to Seller (line 1400) 503. Existing Loan(s) Taken Subject to 504. Payoff of first mortgage loan to 505. Payoffofsecondmongageloan to 506. 507. 508. 509. seller Adjustmeots for items uupald by seller 510. City property laxes 51 I. County property taxes 512. School property taxa 513. Othertazes 514. O�hertaxes 515. O�her laxes 516. 517. 518. 519. 50.00 520. Toml ReducHon Amouot Due Seller 50.00 300. Cesh At Settlemeot From/fo Borrower 600. Cas6 At Settlement To/From SeOer 301. Gross Amounl due Gom bovower (line 1?0) 545,660.00 601. Gross Amount due to seller (line 4?0) 544,707.00 302. Less amounls paid by/for bortower (line 220) 50,00 602. I.ess reduclions in amt. due seller (line 520) 50.00 303. Css6 From Borrower 545,660.00 603. Cash To Seller 544,707.00 Section 5 of Ihe Rwl Fstate Seltlement Procedures Ac� (RESPA) requircs the Section 4(a) of RESPA mandates �hat HUD develop and prcscribe this standard following: . HUD musl develop a Special Info�ma�ion Bookln to help persons fortn lo be used al the time of loan uttlement to provide full disclosure of aIl charges bortowing monry to finance ihe purchaze of residrnlial real atate to belter imposed upon �he borrower and uller. Thae are third party disclosures that are unders�and the nature and costs of real estate seltlemem servica; designed lo provide Ihe bortowa Hi�h peninrni infom�a�ion during Ihe ultlemen� • Each Irnder musl provide the booklet to all applicants from whom it receiva or for process in orda to be a betttt shopper. whom it prepara a written applicaiion lo borrow money lo finance the pulchase of The Poblic Reponing Burdrn for this collec�ion of information is atimated to residrntial real atale; • Lenders must prepare and dislribule with Ihe Bookln a average one hour per response, including Ihe time for reviewing instructions Good Failh Eslimate of �he setllement costs that the bortower is likely to incur in searching exis�ing da�a sources, gathering and mainuining Ihe data naded, and connection with �he setllemem. These disclosures are mandalory. complMing and reviewing the wllection of informa�iort 7Lis agrncy may no1 collecl this infortnalion, and you are noi required to wmple�e this fortn, unlas it displays a cumrntly valid OMB wnhol numbcr. The info�mation rcquesud does not Irnd itsdf �o confidrn�ialiry. Revious Editions are Obsolete Page 1 fortn HUD-1 (3/86) Handbook 4305.L File No. 38?82 L. Settlement C6arges 700. Total Sales/Broker's Commisslon based on prfce 544,707.00 Q%= 50.00 Division of Commission (line 700) as follows: 701. to 702. to 703. Commission Paid at Settlement 800. Items Pa��able fo ConnecNon w�it6 Loan 801. Loan Origination Fee •/. to � 802. Loan Discoum % to 803. Appraisal Fce to 804. Credit Report to 805. Lender's Inspection Fce to 806. Mortgage Insurance Application to 807. Assumption Fee to 900. Items Required by Lender To Be Paid In Advaoce 901. Inlerest from 6/26/2024 to 7/1/2024 ;u: SOlday 902. Mortgage Insurance Premium for monlhs to � 903. Hazard Insurance Premium for years to 1000. Reserves Deposited Wit6 Lender 1001. Hazard insurance months � 1002. Mongage insurance months � 1003. Ciry property taxes T� months Q 1004. County property taxes months Q 1005. School property laxes f�� months Q 1006. Other taxes months � 1007. Other taxes months Q 1008. Other taxes monlhs Q 101 I. Aggregale Adjustmrnl 1100. TINe Cherges 1101. Settlement or closing fee to West Texas Title 1102. Title certificate to West Te:as T�tle 1103. Title examinalion to I 104. Title insurance binder to 1105. Documrnt preparalion to Boeroer, Deuuis & Freuklln I 106. Notary fces to 1107. Attomey�s (ces to (includes above items numbers: 1108. Tille insurance to West Texes Title (includes above i�ems numbers� 1109. Lender's coverage SO.00IS0.00 . 1110. Ownei's coverage 544,707.00IS0.00 4 I 111. Escrow fee to West Texas Title I 112. Tax certificates to West Texas Title I 113. Couria fees to West Texas Title 1200. Governmeut Recording eud Treoster Cherges per month per month per monlh per monlh per monlh per month per month per month Paid From BoRower's Funds a� SMtlement 50.00 5350.00 5500.00 550.00 1201. Recording Fees Deed ; hfongage ; Rel w N'est Tezu 77t1e 1202. City/county tax/slamps Deed ; Mongage �o 1203. State tax/slamps Dced : �tongage -- to - 1204. Recording: Easement to Wal Texes Tille �sui. �urvey ro 1302. Pest Inspection to 553.00 Paid From Sellers Funds a� Seulemrnt 1400. Total Settlement C6erges (eoter on lines 103, SecHon J and 502, SecHon K) � 5953.00 � 1 have carefully reviewed Ihe HU0.1 SeltlemeN Statemrnt and to the best of my knowledge and belief, il is a we and accurate statemrnt of all receipts and disbursements made on my accounl or by me in Ihis Iransaclion. 1 furlher certify that 1 have received a compleled copy of pages I, 2 and 3 of Ihis HUD-1 Settlement Statement. CITY OF LUBBOCK, TEXAS By: Krn lemberg Righ f-Way Agent a Texas limited liability company 7Lomas K. �yne, Manager / SETTLEMENT AGENT CERTIFICATION 7Le HUD-1 SMtlement Slatemenl whic6 have prepared is a We and accurale account of Ihi} tran clion. 1 have cau • h funds to be sbursed in accordaqCe xdth Ihi st rnt. � f � - � � � � � S �T �� �-� � � � Seltlement Agent Dale R'arufng: 11 is a crime to kno�vingly make false stalements to Ihe Umted Stales on this or any other similar fortn. Prnalties upon conviction can include a fine and imprisonmenL For details see: Title I S U.S. Code Section 1001 and Section 1010. Previous Editions are Obsolele Page ? form HUD-1 (3186) Handbook 4305.2 wEST TExAs TITLE TH� STATE OF TEXAS § COUNTY OF LUBBOCK § LEGAL DESCRIPTION: TITLE REPORT Parcel 2(Waterline Easement Farm to Market Road 1585): te1806.793.9555 fax 806.793.9574 8001 Quaker Avenur, Suite E Lubbock, Texas 79424 www.westtexast itle.com METES AND BOiJNDS DESCRIPTION of a 10 foot wide waterline easement situated in the called 133.7 acre tract described in County Clerk File Number 2013022842 of the Official Public Records of Lubbock County Texas (hereinafter referred to as CCFN) located in the Southeast quarter of Section 20, Block AK, H.E & W.T. RR. Co. Survey, Lubbock County, Texas with said waterline easement being further described as follows: BEGINNING at a found TxDOT monument in an East line of said 133.7 acre tract at the Northeast corner of TxDOT Parcel 172 Part 1 described in CCFN 2022030182 and being in the proposed North right-of-way line (hereinafter referred to as ROW) of F.M. Road1585 and also being North 88°13'30" West, a distance of 1,945.03 feet and North O 1°47'00" East, a distance of 266.09 feet from the Southeast corner of said Section; THENCE with said proposed ROW along a curve to the right with an arc length of 25.70 feet, a radius of 7,958.00 feet, a chord bearing of North 88° 18'46" West, and a chord length of 25.70 feet to a TxDOT monument found at a point of tangency; THENCE North 88° 13' 13" West continuing along said proposed ROW, a distance of 313.35 feet to a TxDOT monument found in the West line of said 133.7 acre tract at the Southwest corner of this tract; THENCE North O 1°45'23" East along said West tract line, a distance of 10.00 feet to a point for the Northwest corner of this tract; THENCE South 88° 13' 13" East, 10 feet North of and parallel to said proposed ROW, a distance of 313.35 feet to a point of tangency; THENCE continuing ] 0 feet North of and parallel to said proposed ROW, along a curve to the left with an arc length of 25.70 feet, a radius of 7,948.00 feet, a chord bearing of South 88° 18'47" East, and a chord length of 25.70 feet to a point in the said East tract line, at the Northeast corner of this parcel; THENCE South O1°47'00" West along said East tract, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.078 Acres (3,391 Square Feet), more or less. Parcel5 (Waterline Easement Farm to Market Road 1585): METES AND BOiJNDS DESCWPTION of a 10 foot wide waterline easement situated in the called 133.7 acre tract described in Counry Clerk File Number 2013022842 of the Official Public Records of Lubbock County Texas (hereinafter referred to as CCFN) located in the Southeast quarter of Section 20, Block AK, H.E. & W.T. RR. Co. Survey, Lubbock County, Texas with said waterline easement being further described as follows: BEGINNING at a TxDOT monument found at the Northwest corner of TxDOT Parcel 172 Part 2 described in CCFN 2022030182, and being in a West line of said 133.7 acre tract, and being in the proposed North ROW of F.M. 1585, and also being North 88°13'30" West, a distance of 941.04 feet and North O1°48'30" East, a distance of 321.71 feet from the Southeast corner of said Section; THENCE North O1°48'26" East along said West line of said 133.7 acre tract, a distance of 10.02 feet to a point for the Northwest corner of this parcel; THENCE 10 feet North of and parallel to said F.M. 1585 ROW, along a non- tangent curve to the right with an arc length of 365.27 feet, a radius of 8,052.00 feet, a chord bearing of North 89°55' 13" East, and a chord length of 365.24 feet to a point in an ell line of said TxDOT Parcel for the Northeast corner of this parcel; THENCE South O1 ° 13' 13" West along said ell line and proposed North ROW, a distance of 10.00 feet to a TxDOT monument found at the Southeast corner of this parcel; THENCE continuing along said proposed North ROW and Parcel, along a non- tangent curve to the left at 75.17 feet pass a 5/8" bent iron rod, and continuing for a total arc length of 365.37 feet, a radius of 8,042.00 feet, a chord bearing of South 89°55'06" West, and a chord length of 365.34 feet to the POINT OF BEGINNING and containing 0.84 Acres (3,653 Square Feet), more or less. RECORD OWNER: SWLLD, LLC, a Texas limited liability company DEED DATED: June 4, 2013 DEED RECORDED: Instrument #2013022842, of the Official Public Records of Lubbock County, Texas. LIENHOLDER: None found of record ABSTRACTS OF JUDGMENT, STATE AND FEDERAL TAX LIENS, AND NORTHERN DISTRICT O�' TEXAS/LUBBOCK DIVISION BANKRUPTCY RECORDS CHECKED AS TO: SWLLD, LLC, a Texas limited liability company None found of record THIS REPORT IS NOT TITLE INSURANCE. This report only provides title information as found from a search of the records of the office of the Company and does not reflect unindexed or misindexed matters or any unrecorded or off record matters that may affect the property described above. This Company, in issuing this report, assumes no liability on account of any instrument or proceedings in the chain of title to the property which may contain defects that would render such instrument or proceedings null and void or defective. All instruments reflected herein are assumed to be good and valid. This report is not a commitment to insure and therefore does not contain the requirements and exceptions which would appear in a commitment to insure or the exceptions which would appear in a title policy. This Company's liability for this report is limited to the amount paid for this report and extends only to the City of Lubbock, Texas, the entity(ies) or person(s) to whom it is issued. No other party may rely on this report. This report contains no express or implied opinion, warranty, guarantee, insurance or other similar assurances as to the status of title to the land. Dated July 4, 2024; at 7:00 a.m. WEST TE�,XAS TITLE COMPANY, INC. By: ,,-� Sarah Olguin, Vice President WEST TEXAS TITLE THE STATE OF T�XAS § COUNTY OF LUBBOCK § LEGAL DESCRIPTION: TITLE REPORT Parcel4 (Waterline Easement Farm to Market Road 1585): te1806.793.9555 fax 806.793.9574 8001 Quaker Avenur, Suite E Lubbock>Texas79424 www.westtexast itle.com METES AND BOUNDS DESCRIPTION of a 10 foot wide waterline easement situated in Tracts "B" and "C" of Mel Abbe Addition to the City of Lubbock, Lubbock County, Texas, according to the plat thereof recorded in County Clerk File Number 2014026093 of the Official Public Records of Lubbock County, Texas (hereinafter referred to as CCFT� located in the Southeast quarter of Section 20, Block AK, H.E. & W.T. RR. Co. Survey, Lubbock County, Texas with said waterline easement being further described as follows: BEGINNING at a TxDOT monument found in the East line of said Tract "C" at the Northeast corner of TxDOT Parcel 176 described in CCFN 2019014888 and being in the North right-of-way line (hereinafter referred to as ROW) of F.M. Road 1585 and also being North 88°13'30" West, a distance of 941.04 feet and North 01 °48'26" East, a distance of 321.71 feet from the Southeast corner of said Section; THENCE with said ROW along a curve to the left with an arc length of 297.74 feet, a radius of 8,042.00 feet, a chord bearing of South 87°33'22" West, and a chord length of 297.73 feet to a mag nail found at a point of reverse tangency; THENCE continuing with said ROW along a reverse curve to the right with an arc length of 373.42 feet, a radius of 7,958.00 feet, a chord bearing of South 87°50'23" West, and a chord length of 373.39 feet to a mag nail with shiner marked "DIJNAWAY" found in the West line of said Tract "B" at the Southwest corner of this parcel; THENCE North O 1°47'27" East along the West line of said Tract "B", a distance of 10.01 feet to a point for the Northwest corner of this parcel; THENCE 10 feet North of and parallel to said ROW along a curve to the left with an arc length of 373.50 feet, a radius of 7,948.00 feet, a chord bearing of North 87°50' 17" East, and a chord length of 372.46 feet to a point of reverse tangency; THENCE continuing 10 feet North of and parallel to said ROW along a reverse curve to the right with an arc length of 298.67 feet, a radius of 8,052.00 feet, a chord bearing of North 87°33'29" East, and a chord length of 298.65 feet to point in the East line of said Tract "C", from which a 112" rod with cap marked "HUGO REED & ASSOC." found at the Northeast corner of said Tract "C" bears North O 1°48'26" East, a distance of 28.18 feet, at the Northeast corner of this parcel; THENCE South O 1°48'26" West along the East line of said Tract "C", a distance of 10.02 feet to the POINT OF BEGINNING and containing 0.154 Acres (6,712 Square Feet), more or less. RECOI2D OWNER: SWLLD, LLC, a Texas limited liability company DEED DATED: August 3, 2022 DEED RECORDED: Instrument #2022037546, of the Official Public Records of Lubbock County, Texas. LIENHOLDER: None found of record ABSTRACTS OF JUDGMENT, STATE AND FEDERAL TAX LIENS, AND NORTHERN DISTRICT OF TEXAS/LUBBOCK DIVISION BANKRUPTCY RECORDS CHECKED AS TO: SWLLD, LLC, a Texas limited liability company None found of record THIS REPORT IS NOT TITLE INSURANCE. This report only provides title information as found from a search of the records of the office of the Company and does not reflect unindexed or misindexed matters or any unrecorded or off record matters that may affect the property described above. This Company, in issuing this report, assumes no liability on account of any instrument or proceedings in the chain of title to the property which may contain defects that would render such instrument or proceedings null and void or defective. All instruments reflected herein are assumed to be good and valid. This report is not a commitment to insure and therefore does not contain the requirements and exceptions which would appear in a commitment to insure or the exceptions which would appear in a title policy. This Company's liability for this report is limited to the amount paid for this report and extends only to City of Lubbock, Texas, the entity(ies) or person(s) to whom it is issued. No other party may rely on this report. This report contains no express or implied opinion, warranty, guarantee, insurance or other similar assurances as to the status of title to the land. Dated July 4, 2024, at 7:00 a.m. WEST TEXAS TITLE COMPANY, INC. By: Sarah O guin, Vice President