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HomeMy WebLinkAboutResolution - 2024-R0321 - ROW/Drainage Easement Deed, Sect. 8 Block JS Parcel 4, Milwaukee/Erskine - 07/23/2024c������-Q� ����� Resolution No. 2024-R0321 THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT NORTH MILWAUKEE & ERSKINE AFFORDABLE STORAGE, LLC, A 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 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 purposes. WITNESS MY HAND this � day of , 2024. THE STATE OF TEXAS COUNTY OF LUBBOCK North ' waukee i ffordable Storage, LLC, as lim' lia �' c pany Michael Postar, � ol Manager BEFORE ME, the undersigned author'ity, a Notary Public in and for said County, Texas, on this day personally appeared Michael Postar, Sole Manager of North Mi(waukee & Erskine Affordable Storage, LLC, a Texas limited liability company 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of � f , 2024. Jamelyn Sw;nney Gre99 � � MY Commission Expiros 2/28/2028 Notary ID12g62p286 2024033533 5 PGS DEED ���� �� 0��� N� �� ��� ��������� �� �� � RIGHT OF WAY DEED N ary Pu l in and for th ate of Texas My Commission Expires: � DESCRIPTION FOR PARCEL 4A METES AND BOLJNDS DESCRIPTION of a 0.2227 acre (9703 sq. ft.) pazcel located in Section 8, Block JS, Lubbock County, Texas, being a portion of that certain 7.6 acre tract described under County Clerks File Number (CCFN) 2009045341, Official Public Records of Lubbock County, Texas (OPRLCT), said 0.2227 acres being further described as follows: BEGINNING at a 1/2" iron rod with cap "HUGO REED & ASSOC" set (N=7,286,572.2', E=916,271.7') at the intersection of the North Right-of-Way line of Erskine Street (50 foot wide easement) as described in Volume 1194, Page 153, Deed Records of Lubbock County, Texas (DRLCT) and the West Right-of-Way line of Milwaukee Avenue (50 foot wide easement) as described in Volume 1288, Page 403, DRLCT, for the Southeast corner of this parcel which bears N. 88° 10'22" W. a distance of 50.00 feet and N. O 1°49'00" E. a distance of 50.00 feet from the Southeast corner of said Section 8, Block JS; THENCE N. 88° 10'22" W. parallel to and 50.00 feet North of the South line of Section 8, Block JS, a distance of 397.65 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set in the East Right-of-Way line of Monticello Avenue (52' Right-of-Way) by Street Dedication Deed (SDD) described under CCFN 2013047479, OPRLCT, for the Southwest corner of this parcel; THENCE N. O1 °49'00" E. along said East Right-of-Way line, a distance of 5.00 feet to a 1/2" iron rod with cap "H[JGO REED & ASSOC" set for an angle corner of this pazcel; THENCE N. 43°08'36" W., along said East Right-of-Way line, a distance of 3.80 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set for the most Westerly Northwest corner of this pazcel; TI�NCE S. 88°12'S8" E. a distance of 35433 feet to a 1/2" iron rod with cap "HLJGO REED & ASSOC" set for an angle corner of this parcel; THENCE N. 46°49'35" E. a distance of 42.42 feet to a 1/2" iron rod with cap "HUGO REED & ASSOC" set for an angle comer of this pazcel; THENCE N. 01 °49'00" E. parallel to and 66.00 feet West of the East line of said Section 8, Block JS, a distance of 188.72 feet to a 1/2" iron rod with cap "HLTGO REED & ASSOC" set for an angle corner of this pazcel; THENCE N. 08°OS'38" E. a distance of 100.59 feet to a 1/2" iron rod with cap "HLJGO REED & ASSOC" set for an angle corner of this pazcel; THENCE N. O 1°49'00" E. parallel to and 55.00 feet West of the East line of Section 8, Block JS, a distance of 316.83 feet to a 1/2" iron rod with cap "RPLS 4339 STEVENS" found at the Southwest corner of a SDD described under 2012018581, OPRLCT, for the most Northerly Northwest corner of this pazcel; THENCE S. 88° 11'00" E. with the South line of said SDD, a distance of 5.00 feet to a 1/2" iron rod with cap "HLJGO REED & ASSOC" set in the West Right-of-Way line of said Milwaukee Avenue, for the Northeast corner of this parcel; THENCE S. O1 °49'00" W. with said West Right-of-Way line, pazallel to and 50.00 feet West of the East line of said Section 8, Block JS, a distance of 643.49 feet to the Point of Beginning. ERSKINE STREET RECONSTRUCTION .NKFORD AVENUE TO WEST CITY LIb Parcel4 PERIMETER SURVEY OF A 0.2227 ACRE PARCEL LOCATED IN SECTION 8, BLOCK JS LUBBOCK COUNTY, TEXAS Cyril H. Turner, Registered Professional Land Surveyor State of Texas i `-� -� �r= ._ � l �F� ..., T�`�� �... �. , ,�� `�' F,�' , C 7 �`0F :�S' C �: � � o.�t' ................... CYRIL HOWARD TURNER .. ............... . �.ti ...6460 .��:,. . Surveyed on the ground. 12/22/2022 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1801 AVENUE N CIVIL ENGINEERS LUBSOCK, �s 7sao� TEXAS UCENSED SURVEYING FIRM 100878-00 PHONE: 808 / 783-5842 TFXAS REGISTERED ENGINEERING FIRM F-780 FAX: 808 / 783-3891 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.00023 Copyright 2023, Hugo Reed and Associates, Inc. Page 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS (* *' ` � �- Kelly Pinlon County Clerk Lubboek Coun�y TEXRS 08/20/2024 03:�4 PM FEE: a37.00 2024033533 C ��� p� lJobc�l� -�Ot� ��u�+�r Resolution No. 2024-R0321 THE STATE OF TEXAS COUNTY OF LUBBOCK 2024033834 7 PGS EASE �III IVi�r� I��I+�, N�� hl'�;h� J�I�� G4� Y'L�14�� �I II I DRAINAGE EASEMENT `� � KNOW ALL MEN BY THESE PRESENTS: THAT North Milwaukee & Erskine Affordable Storage, LLC, a Texas limited liability company; and 87�h Street Partners, LLC, a Texas limited liabitity company, herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS 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, 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 and permanent drainage easement, the free and uninterrupted use, liberty of passage in, on, along, over, upon, under, and across all that property lying and being situated in Lubbock County, Texas, and being more particularly described in the attached Exhibit "A." SO LONG AS the public continues to use said property for the purposes herein stated, said easement includes, but is not limited to, the free and uninterrupted use, liberty, and privilege of passage in, along, over, across, under, upon and against the hereinafter described land for the purpose of constructing, reconstructing, maintaining, repairing, cleaning and clearing said premises for the free and unobstructed drainage of surface waters; together with the right of ingress, egress and regress for such purposes in, on, along, through and across all the property above described. It is hereby covenanted and agreed that the CITY OF LUBBOCK retains and reserves the right to set and determine the drainage grade and direction of flow of surface waters on the real estate above described and buildings or like permanent structures shall not be erected, built, constructed or allowed to be erected, built or constructed in, upon, over, along or across the real estate above described, and if such erection, building or construction does occur in violation of this prohibition, the CITY OF LUBBOCK shall have the right to remove said building or structure from the aforesaid real estate. 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 CITY OF LUBBOCK uses the same for the purposes herein granted. DRAINAGE EASEMENT WITNESS THE EXECUTION OF THIS INSTRUMENT this �� day of � y 9" 5�, 2024. 87th Street Partners, LLC, a Texas limited liability company By: Windmill Management, LLC, a Texas limited liability company, THE STATE OF TEXAS COUNTY OF LUBBOCK � 0 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Joshua Jowers, Manager of Windmill Management, LLC, a Texas limited liability company manager for 87th Street Partners, LLC, a Texas limited liability company 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 therein expressed. GIVEN LTNDER MY HAND AND SEAL OF OFFICE �Z � day of Av as� , 2024. . John M. Wylie My Commisaion Expirea � • 911012025 Notery ID 133325025 C No ry Public in and for the State of Texas My Commission Expires: �"l �� � DRA[NAGE EASEMENT FILED AND RECORDED OFFICIAL PUBLIC RECORDS * • �, �.�-�Ytt,•�vt� K�lly Pinion County Clerk Lubboek Coun�y TEXfiS 08/20/2024 03:�4 PM FEE: g48.00 2024033534