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Home My WebLink AboutResolution - 2024-R0281 - Street, Public, ROW Deed, Upland 34Th To 50Th, Parcel 17 - 06/11/2024Resolution No. 2024-RO281 Item No. 5.8 June 11, 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 located in Section 38, 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 June 11, 2024 ATTEST: Courtney Paz, City Secret APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Am ins, Deputy ity Attorney RES. Street and ROW Deed- Section 38, Block AK- Parcel 18 WITNESS MY HAND this day of �� 2024 GRANTOR(S): LS Farm Owners' Non -Profit Corporation, a Texas non-profit corporation Charlotte Ann Trew, Director Donald Dean Trew, Director o Marisa Scheef, Director Tom ny Ford, Director CORPORATE ACKNOWLEDGEMENT STATE OF _* 4j COUNTY OF �G This instrument was acknowledged before me on the /P11 day of , 2024 by Charlotte Ann Trew, Director of LS Farm Owners' Non -Profit Corporation, a Texas non-profit corporation, on behalf of said entity. The acknowledging person personally appeared by: [V 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. Naar P&o EVANGELINA SEPEOA o r� - Notary Public State of Texas OF My Comm. E p8 es Oa 25 2C2b NOTAR ' PUS IL C, STATE OF � y4S My Commission Expires: Street, Public Use and Right of Way Deed Ver. 8.10.23 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF Jd t,�6O& . h This instrument was acknowledged before me on the day of / V A1_/ 2024 by Donald Dean Trew, Director of LS Farm Owners' Non -Profit Corporation,"a Texas non-profit corporation, on behalf of said entity. 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. em EVANGELINA SEPEDA Notary PublicState of Texas ID 12824753-8 NOTARY PUBLIC STATE OFy Comm. Exf�ires 04-25-2026 ' -r. My Commission Expires: .DES= CORPORATE ACKNOWLEDGEMENT STATE OF _1� V45 COUNTY OF This instrument was acknowledged before me on the by Marisa Scheel. Director of LS Farm Owners' corporation, on behalf of said entity. The acknowledging person personally appeared by: Iphysically appearing before me. day of Mall 12024 Non -Profit Corporatio , a Texas non-profit ❑ 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. PpY Ap EVANGELINA SEPEDA O��c+ Notary Public State of Texas my Comm. Expires 04 25 2026 NOTA PUBLIC, STATE OF Y-43. My Commission Expires: 471 Street, Public Use and Right of Way Deed Ver. 8.10.23 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF W kc k �h This instrument was acknowledged before me on the day of &4 2024 by Tommy Ford, Director of LS Farm Owners' Non -Profit Corporatio , a Texas non-profit corporation, on behalf of said entity. The acknowledging person personally appeared by: LAL 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. RY rGe�� EVANnGEL7SEPEDA tateic �r� 2Np� PUBLIC, STA = CFMyComm. ExS My Commission Expires: L/- —9, c2p Grantee's Address: City of Lubbock 1314 Avenue K, 70' Floor Lubbock, TX 79401 Street, Public Use and Right of Way Deed Ver S.10.23 EXHIBIT "A" RIGHT-OF-WAY DESCRIPTION — PARCEL R155870 Field notes describing a 0.005 acre Right -of -Way out of a called 0.869 acre tract of land located in Section 38, Block AK, of the GC & SF R.R. Co. Survey, Lubbock County, Texas. Being a 0.005 acre tract of land out of a called 0.869 acre tract described in a Warranty Deed to LS Farm Owners, recorded in Volume 6311, Page 102, Official Public Records, Lubbock County, Texas, situated in Section 38, Block AK, of the GC & SF RR Co. Survey, Lubbock County, Texas, and is further described by metes and bounds as follows; BEGINNING at a Point (N: 7,266,068.64', E: 910,412.81') for the Northwest corner of this tract and being the same as the Northwest corner of said called 0.869 acre tract, on the East line of a 40 feet wide Lubbock County Right -of -Way Easement for Upland Avenue, described in Volume 486, Page 431, Official Public Records, Lubbock County, Texas, from which a Railroad Spike (N: 7,265,432.14', E: 910,352,04') Found for the Southwest corner of said Section 38, bears North 88"08'38" West, 40.00 feet and South 01 "51'57" West, 638.13 feet; THENCE South 88008'38" East, along the North line of said called 0.869 acre tract, a distance of 15.00 feet to a 518 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" (N: 7,266,068.16', E: 910,427.80') Set for the Northeast corner of this tract; THENCE South 01051'57" West, a distance of 15.00 feet to a 518 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" Set for the Southeast corner of this tract and being the same as the Northwest corner of a called 5.151 acres tract described in a Special Warranty Deed to Shag Holdings, LLC., recorded in County Clerk File Number 2022038358, Official Public Records, Lubbock County, Texas, and a Special Warranty Deed to Donald Dean Trew, recorded in County Clerk File Number 2022040883, Official Public Records, Lubbock County, Texas, from which a 318 inch iron rod with yellow cap stamped "HUGO REED & ASSOC." Found in reference to said corner, bears North 70"44'05" West, 1.43 feet; THENCE North 88°08'38" West, along the South line of said called 0.869 acre tract, at a distance of 5.00 feet pass the Northeast corner of a called 0.130 acre tract, described in a Warranty Deed to LS Farm Owners, recorded in Volume 6311, Page 104, Official Public Records, Lubbock County, Texas, from which a 318 inch iron rod with yellow cap stamped "HUGO REED & ASSOC." Found in reference to said corner, bears North 83'09'19" West, 1.33 feet, and continuing along the common South line of said called 0.869 acre tract and North line of said called 0.130 acre tract, for a total distance of 15.00 feet to a Point for the Southwest corner of this tract and of said called 0.869 acre tract and being the same as the Northwest corner of said called 0.130 acre tract; THENCE North 01°51'57" East, along the common West line of said called 0.869 acre tract and East line of said called Upland Avenue, a distance of 15.00 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 0.005 acre (225 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. Fansier, 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. 2v2,3-45 Zs 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 EXHIBIT "A" NORTH �"J GRAPHIC SCALE (in feet) LEGEND 20 0 10 20 P.O.B. = POINT OF BEGINNING I.R. = IRON ROD P.L.E. = POWER LINE EASEMENT ROW = RIGHT-OF-WAY 1 inch = 20 ft. L.C.R.E. = LUBBOCK COUNTY RIGHT-OF-WAY EASEMENT SDD = STREET DEDICATION DEED V. / P. = VOLUME f PAGE CCFN = COUNTY CLERK FILE NUMBER O.P.R.L.C.T. = OFFICIAL PUBLIC RECORDS, LUBBOCK COUNTY, TEXAS SPS = SOUTH WESTERN PUBLIC SERVICE COMPANY HRA = HUGO REED & ASSOC. AMD = AMD ENGINEERING ® = MONUMENT FOUND (AS NOTED) O = MONUMENT SET (5/a, IRON ROD SET WITH YELLOW PLASTIC CAP STAMPED 'COBB FENDLEY BOUNDARY-) ®= PROPERTY LINE — —EASEMENT LINE -AS DESCRIBED =ADJOINING PROPERTY LINE -- - = RIGHT-OF-WAY 1 RIGHT-OF-WAY EASEMENT LINE NOTES: 1. Bearings shown hereon are referenced to the Texas Coordineler System of 1983. North Central Zone, and are based on the North Amorican Datum of 1983. 2011 Adjustment. All coordinates shown hereon are Surface values displayod In US Survey Feet and may be converted to Grid values by dlvlding 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 convened to Grid values by dividing those Surface values by a Surface Adjustment Factor of 1.00021_ 2. This survey plat is accompanied by a written description which covers the Identical parcel that is shown hereon. signed and sealed on even data herewith and is hereby made a part of this document. 3. This survey plat was prepared without the benefit of a title report The surveyor did not research subject property We information. All easements of record may not he shown. Jeffrey L. Fansler Date Registered Professional Land Surveyor No. 4348 DATE: SCALE: 08/24/2023 1" = 20' DRAWN BY: CHECKED BY: NO, I JOB 3 OF 3 1 2302-013-02 SHEET ID: 2302-013-02-RISS87MURFACE (SF=1.00021),dwg 08 �� JEFFREY L F g c_ 4348 R.R. SPIKE - SW CNR OF SEC. 38, BLK AK N:7,265,432.14' E:910,352.04' n S 01" 51' 57" W 638.1& LCAD ID: R155762 - CALLED 0.130 ACRE OWNER: LS FARM OWNERS (V. 6311. P. 104 O.P.R.LC.T) 15' SPS - PILE - (V. 937, P. 542 O.P.R.L.C.T) AS SHOWN ON LS FARMS PLAT (CCFN: 2020025722 O.P.R.L.C.T) LCAD ID: R65177 REMAINDER OF CALLED 41.291 ACRES Owner. MURDEN, PAT (CCFN: 2018010270 O.P.R.L.C.T) N01°51'S7"E 15.00'-� N88'D8'38"W-15.00 3/8" I.R. W/ CAP - "HRA" N 83' 09' 19" W -1.33' 318" LR. W/ CAP - "HRA" N 70° 44' 05" W -1.43' LCAD ID: R301313 CALLED 5.151 ACRES Owner: SHAG HOLDINGS LLC & TREW, DONALD D (CCFN: 2022040883 & 2022038358 O.P.R.L.C.T) A 0.005 ACRE (225 Sq. Ft.) RIGHT-OF-WAY OUT OF A CALLED 0.869 ACRE TRACT OF LAND LOCATED IN SECTION 38, BLOCK AK, OF THE GC & SF R.R. CO. SURVEY, LUBBOCK COUNTY, TEXAS. W/40` ROW L.C.R.E. (V. 486, P. 413 O.P.R.L.C.T.) (Tract 1) 39.IBLOCK AKA AVENUE SECTION 36, BLOCK AKI 0 O 0 00 E/40' ROW L.C_R.E. co (V. 486, P. 431 O.P.R.L:C.T.) io 0 m co z POINT OF BEGINNING: N: 7,266,068.64' E: 910,412.81' 0.005 ACRE S 88° 08' 38" E (225 SQ. FT) 15.00, IN: 7,2.65,068.16' �E:910,427.80' Gj Cs HS0151'57"W 15.00' *P 1 U) - (J* OG�^ �� QF y W o�Z� co O GQ�¢Q10 In¢Od rnS2b o W< c VCD LL �Uzm CO Z � O GM 5111111111 do CobbFendley TBPELS Land Surveying Firm Registration No.10046700 7727 Quaker Avenue, Suite A, Lubbock, Texas 79424 Phone: 806.993.0071 1 www.cobbfandley.corn N Proposed Street Deed Dedication II Located within Section 38, Block AK SerH ti I In W i 1 5o 100 200 300 411 500 Feet AN rnquirad bg Chaptnr 2U51, Goospatial Daly Protlerds of the 6ovornmont Godo, 9his product is tar i nlormational purposes and may nct have been prepared Far or be suitable far legal, enflineering. or surveying purposes. h does not represent ark on-ihe-ground survey and represents only the approximate relative location of property boundaries. Proposed Street Deed Dedication 225 sq ff ii City of If Lubbock tFt4S 1711!itat ()rn.11upbUtUrr0pby-31n}ZUi}