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HomeMy WebLinkAboutResolution - 2025-R0277 - MOU; Street Use, PU, ROW; Section 8, Block E, GC & SF R.R. Co. LBK CO; Parcel 14 - 06/24/2025Resolution No. 2025-R0277 Item No. 6.13 June 24, 2025 RESOLUTION BE IT RF,SOLVED 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 Memorandum of Agreement (MOA) and accept for and on behalf of the City of Lubbock thc associated street, public use, and right-of-way deed in connection with certain real property located in Section 8, Block E, of the GC & SF R.R. Co. Survey, Lubbock County, Texas (Parcel 14), to be utilized for thc 82nd Street and MLK Jr. Boulevard reconstruction, and all related documents. Said MOA and Deed are 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 24, 2025 �" ARK W. MCBRAYER, M OR ATTEST: urtney Paz, City Secretary APPROVED AS TO CONTENT: Turpin, Divisior}�trector of Engineering/City I�ngineer APPROVED AS TO FORM: � • elli Leisure, Senior Assistant City Attorney Ccdocs:llRcs. MUA and Street and ROVb' Deed Sec 8 I31ock F. GC & SF Parcel 14 5.27.25 Resolution No. 2025-R0277 MEMORANDUM OF AGREEMENT Gilbert S. and Julia Gonzales, a married couple 701 82nd Street Lubbock, Texas, 79404 Project ID: County: Lubbock Project: 82nd Street and MLK Jr. Boulevard, 2022 Street Bond Project Parcel: 14 Gilbert S. and Julia Gonzales, husband and wife, referred to in this Memorandum as "Grantor" (whether one or more) agrees to grant City of Lubbock, Texas, referred to as "Grantee," fee simple title to 1,912 square feet of land located at 701 East 82nd Street, Lubbock, Lubbock County, Texas and more particularly described in the attached Exhibit "A". IT IS AGREED that the consideration for the execution of a Street, Public Use and Right of Way Deed (the "Conveyance Instrument") is Twenty Pive Thousand and 00/100 Dollars ($25,000.00) the Just Compensation"); provided, however, that the Grantor acknowledges and understands that the Just Compensation is subject to tinal approval by Lubbock's City Council (such approval to be made in the City's Council's sole discretion) and further subject to approval of title. The consideration cited herein represents a settlement and compromise by all parties as to the value of the property herein conveyed in order to avoid formal eminent domain proceedings and the added expense of litigation. Grantor confirms receipt of the following: 1. Copy of The State of Texas Landowner's Bill of Rights; 2. Right of Entry Agreement signed by Grantor; 3. Initial Offer Letter from the City of Lubbock; 4. Final Offer Letter from the City of Lubbock; 5. Proposed Conveyance Instrument from the City of Lubbock; 6. Appraisal report prepared by Robert W. Stribling of Appraisals, LLC dated March 18, 2025 7. Survey Plat and Legal Description of Parcel No. 14 Stribling-Probandt IT IS FUTHER AGREED that, as compensation for the improvements located within the proposed acquisition area, the following sums shall be provided: 1. Concrete Footing — 20 LF $612.00 2. Gravel Drive— 40 SY $414.0 3. Brick Mailbox — 1 each $1.242.00 Memorandum of Agreement Ver. 05.13.2025 IT IS FURTHER AGREED that Grantor shall retain the following improvements (such improvements are referred to herein as the "Retained Improvements" whether one or more): 1. NONE Grantor covenants and agrees to remove the Retained Improvements from the Property no later than thirty (30) days afier closing, subject to such extensions of time as may be granted by Grantee in writing, such extensions shall be made in Grantee's sole discretion. If Grantor fails, for any reason, to remove the Retained Improvements within the time prescribed herein, title to all or part of such Retained Improvements shall pass to and vest in Grantee, its successors and assigns forever, without further consideration paid to Grantor. Grantor acknowledges the receipt and sufficiency of the Just Compensation above and acknowledges that Grantee will not perform any work to relocate, rebuild or install any improvements compensated for above. The Just Compensation referenced above, the terms of this Memorandum of Agreement and the Conveyance Instrument constitute the only agreements between the parties and no other promises, considerations, covenants or conditions have been stated or implied. Grantor agrees to work with Lockwood, Andrews & Newnam, Inc. prior to closing and obtain any lien releases required for issuance of a title policy or clear title as requested by Grantee. IT IS FURTHER AGREED that, during the initial construction ofthe Project, the following special provisions shall apply: (collectively "Construction Special Provisions"). IT IS FURTHER UNDERSTOOD AND AGREED that Grantee's failure to comply with the Construction Special Provisions shall not be deemed a termination of rights granted to Grantee under the Conveyance Instrument. SIGNED with and as a part of the overall agreements between the parties on this �dth day of ��g 2025. GRANTEE: - ARK W. MCBRAYER, YOR Memorandum of Agreement Ver. 05.13.2025 TTEST: URTNEY PAZ, CI SECRETARY APPROVED AS TO CONTENT: � �N TURPIN, DIVI� ON DIRECTOR ENGINEERING/ Y ENGINEER APPROVED AS TO FORM: LLI L ISURE, SENIOR ASSISTANT CITY ATTORNEY GRANTORS: GILBERT S. AND NLIA GONZALES, HUSBAND AND WIFE X BY: Gilbert S. Gonzales, a m rried man Date: J� - �� — �S' X BY: ulia Gonzales, a married woman Date: � �/ � Memorandum of Agreement Ver. 05.13.2025 Resolution No. 2025-R0277 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAYREMOVE OR STRIKEANYOR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER. 82nd Street and MLK Jr. Blvd Reconstruction Parcel No.14 82nd Street, Lubbock, Texas 79404 BLK E SEC 8 AB 492 TR A2A ACS: .332, Lubbock County, Texas 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 Julia Gonzales and husband, Gilbert S. Gonzales , 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 and utility purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A". The consideration cited herein represents a settlement and compromise by all parties as to the value of the property herein conveyed in order to avoid formal eminent domain proceedings and the added expense of litigation. 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. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Street, Public Use and Right of Way Deed Ver. 8.1023 WITNESS MY HAND this � day of , 2025. GRANTORS: Julia Gonzales d husband, Gilbert S. Gonzales ia Gonza es Gilbert S. Gonzales ACKNOWLEDGEMENT STATE OF /� YLIRS COUNTY OF This instrument was acknowledged before me on the �,�day of , 2025 by Julia Gonzales . 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. Taylor Thompson �My Commisalon Explrea + Notary'� ID5 13339987b NOTA Y PUBLIC, ATE O� My Commission Expires: ACKNOWLEDGEMENT STATE O COUNTY OF This instrument was acknowledged before me on the ��, day of , 2025 by Gilbert S. Gonzales . The acknowledging person personally appear d by: [1�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. � Taylor Thompeon ' My Commlaaton Expirea � 10N 9/2025 Notery ID 193398674 NOTA Y PUBLIC, TATE F My Commission Expires: Street, Public Use and Right of Way Deed Ver. 8.10.23 Grantee's Address: City of Lubbock 1314 Avenue K, 7th Floor Lubbock, TX 79401 Street, Public Use and Right of Way Deed Ver. 8.10.23 EXHIBIT "A" DESCRIPTION — PARCEL 14 Field notes describing a 1,992 square feet right-of-way out of a called 0.333 acre tract located in Section 8, Block E, of the GC 8 SF R.R. Co. Survey, Lubbock County, Texas. BEING a 1,912 square fest tract of land out a called 0.333 acre tract of land described in a Warranty Deed with Vendor's Lien to Julia Gonzales and Gilbert S. Gonzales, recorded in County Clerk File Numbe� 2016001962, of the Official Public Records of Lubbock County, Texas, located in Section 8, Block E, of the GC & SF R.R. Co. Survey, Lubbock County� Texas, and furthe� described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod (N: 7,253,568.60', E: 950,242,97') found for the northeast cor�er of this tract and being the same as the northeasi comer of a said called 0.333 acre tract and the northwest comer of a called 0.20 acre tract of land described in a Special Warranty Deed to Retail Ready Foods, Inc., recorded as County Clerk File Number 20170Q9525 of the Official Public Records of Lubbock County, Texas, on the south line of a Lubbock County Right- of-Way Easement for 82nd Street as described in Volume 500, Page 641, of the Official Public Records of Lubbock Counry, Texas, f�om which a Rail Road Spike (N: 7,253,537.48', E: 952,252.99'� found for the northeast comer of said Section 8 bears No�th 01 °44'33" East, 30.00 feet and South 88°15'27" East, 2,010.03 feet; THENCE South 01°42'55" West, along the common east line of said called 0.333 acre tract and west line of said callsd 0.20 acre tract, a distance of 2Z.20 feet to a 5/81nch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" set for the southeast corner of this tract, from which a 112 inch iron rod with cap stamped "HUGO REED &ASSOC." found for the southwest corner of said called 0.20 acre tract and southeast co�ner of said calfed 0.333 acre tract bears South 01 °42'55" West, 122.80 feet; THENCE North 84°44'16" West, a distance of 100.17 feet to a 5/8 inch iron rod wlth yellow cap sfamped "COBB FENDL.EY BOUNDARY" (N: 7,253,555.60', E: 950,142.56'} set for the southwest corner of this tract on the common west line of said called 0.333 acre tract and east line of a called 0.272 acre tract of land described in a Warranty Deed to Retail Ready Foods, Inc., recorded as County Clerk File Number 2018038485, of the Official Public Records of Lubbock County, Texas; THENCE NorEh 01°42'25" East, along said common line, a distance of 16.05 feet to a 1/2 inch iron rod with cap stamped "HUGO REED 8� ASSOC" found fo� the northwest corner of this tract and being the same as the northwest comer of said called 0.333 acre tract and northeast corner of said called 0.272 acre tract, on the south line of said 82nd Street; THENCE South 88°15'27" East, along the common north line of said called 0.333 acre tract and south line of said 82nd Street, a distance of 99.98 feet to the POINT OF BEGINNING and containing within these caAs a calculated area of 1,912 square feet of land. Page 1 of 3 EXHIBIT "A" Bearings shown hereon a�e 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. Revised: December 16, 2024. I, Jeffrey L. Fansler, a Registered Professional Land Surveyor in the State of Texas, hereby certify that this description and plat �ep�esent an on-the-ground survey made under my supervision. r�egisterea rroress�onai �ana ourv�yur Texas Registration No. 4348 Cobb, Fendley & Associates, Inc. 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' � �� N � 2E �� � �gg � �� �� �$ ��� �gn as 8�I�II S,LINI7 A,LI� ou°i.£ �` �.S;LIItiI'I �I,LIJ r�'- � ��� g � '� . ��� n o �a� � ` - N ��z g�� ��� � o � � � �8� � � �� � � a � c • � �� 9 '� , ..- ,. .. •-— — O �mo City of Lubbock, TX Capital Project Project Cost Detail June 24th, 2025 Capital Project Number: Capital Project Name: EncumberedlExpended City of Lubbock Staff Time Contract 17088 with LAN for Design Services on 82nd and MLK Playa Lake 82 Land Purchase Parce130 Land Purchase Parcel 17 Land Purchase Parcel 16 Land Purchase Parce134 Land Purchase Parcel 10 Land Purchase Parcel 9 Land Purchase Parce128 Land Purchase Parce135 Land Purchase Parce133 Land Purchase Parcel 1 Land Purchase Amendment 1 to Contract 17088 Parcel2 Land Purchase Parce123 Land Purchase Parce129 Land Purchase Parcel3 Land Purchase Parcel4 Land Purchase Parce132 Land Purchase Parce121 Land Purchase Parce126 Land Purchase Parce127 Land Purchase Parcel 19 Land Purchase Parce120 Land Purchase Parce122 Land Purchase Legal Fees Parce124 Land Purchase Parce125 Land Purchase Parcel5 Land Purchase Agenda Items, June 24th 2025 Parcel 14 Land Purchase Encumbered/Expended To Date Estimated Costs for Remaining Appropriation Purchase of Land and Roadway Construction Remaining Appropriation Total Appropriation 92825 Street Bond 82nd and MLK - 22B Budget $ 20,065 3,424,877 699,951 130,058 1,416 1,416 60,312 2,802 4,161 81,743 35,931 100,275 42,004 3,879 36,369 297,697 1,464 2,994 236,510 19,844 41,158 21,058 50,442 31,753 54,999 718 112,300 36,498 1,769 25,000 5,579,465 120,535 120,535 $ 5,700,000 F+,= :� � _� Project scope 82nd Street from I-27 to MLK Blvd and MLK Blvd from 74th Street to 82nd Street are currently a two-lane paved road and are designated in the 2018 Thoroughfare Master Plan to become a seven-lane Principal Arterial and a five-land Principal Arterial (Modified). Continued growth in east Lubbock has increased traffic demands along the 82nd Street and MLK Blvd corridors. This thoroughfare will include the ultimate design of a seven-lane and five- lane undivided thoroughfares with curb and gutter, drainage, streetlights, sidewalk improvements, utility adjustment and right of way acquisition services. P�OjeCt 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 Highlights Council Priorities Addressed: Public Safety, Community Improvement, and Growth and Development P�OjeCt Dates Start Design: 01/2023 Design Completion: 09/2025 Bid for Construction: 08/2027 Award Construction: 10/2027 Construction Completion: 10/2029 P�OjeCt Appropriations Project History • FY 2022-23 $5,700,000 was appropriated by Ord. 2022-00169 P�ojeCt Location 82nd Street and MLK Blvd Approprladon to Date 2025 - 26 Budget 2026 - 27 Budgat 2027 - 28 Budget 2028 - 29 Budget 2029 - 30 Budget 2030 - 31 Budgat Constructlon $5,700,000 $0 $0 $74,100,000 EO $0 EO TOTAL 55,700,000 SO SO 574,100,000 SO SO SO P�OjeCt Funding Funding to Date 2025 - 26 Budget 2028 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget 2029 - 30 Budget 2030 - 31 Budget General OWlgatlon Bonds $5,700,000 $0 514,100,000 EO EO $0 SO TOTAL :5,700,000 SO 574,100,000 SO SO SO SO Operating Budget Impacts Desc�iptlon No Impact Anticlpated TOTAL 2025-26 2028-27 2027-28 ao so $o SO ZO SO 202&29 2029.10 2030.71 Total Eo Eo So Eo f0 SO SO f0 0' Powered by OpenGov