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Home My WebLink AboutResolution - 2025-R0331 - Genaro C Jr & Elizabeth M Garcia, Lot 2, Blk 4, Trigg Heights, Sect 6, Parcel 12 - 07/22/2025Resolution No. 2025-R0331 Item No. 6.5 July 22, 2025 RESOLUTION 13E IT RESOLVF.D 13Y 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 I,ubbock a Memorandum of Agreement (MOA) and accept for and on behalf of the City of Lubbock the associated street, public use, and right-of-way deed in connection with certain real property locatcd in Lot 2, Block 4 of the Trigg Heights Addition, located in Section 6, Block E, of the GC & SF R.R. Co. Survey, Lubbock County, Texas (Parcel 12) to be utilized for the 82"d Street and MI,K Jr. �3oulevard, 2022 Bond Project and all related documents. Said MOA and dccd is attachcd hercto and incorporated in this Resolution as if fully set forth herein and shall be included in thc minutes of the Council. 1'asscd hy thc City Council on July 22, 2025 � MARK W. MCBRAYER, MAYOR ATTEST: Courtney Yaz, City Sccrctary APPROVF.11 AS TO CON7'1+;NT: %, �. urpin, .' isio of I;nginecring/City I;ngineer Al'1'ROVED nS "1'O F()lt'VI: elli Lcis rc, Scnior �lssistant City Attorncy Ccdocs:llRcs. MOn and Strect and ROW Deed I.ot 2 Block 4 Trigg F[eights 82"d St and MLK Project (Parcel 12) 7.2.25 Resolution No. 2025-R0331 MEMORANDUM OF AGREEMENT Genazo C. Garcia Jr. and wife, Elizabeth M. Garcia Project ID: N/A 2617 80�h Street County: Lubbock Lubbock, TX 79423 Project: 82"d Street and MLK Jr. Boulevazd, 2022 Street Bond Project Parcel: 12 Genaro C. Garcia, Jr. and wife, Elizabeth M. Garcia, 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 .10 acres of land located at the northwest corner of East 82"d Street and MLK Boulevard, 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 THIRTY-SEVEN THOUSAND FOUR 1�iJNDRED NINETY-SEVEN UULLAll.S and NU/lUU ($37,497.U0) the Just Compensation"); provided, however, that the Graator acknowledges and understands that the Just Compensation is subject to final 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. IT IS FURTHER AGREED, and Grantor further acknowledges and understands that the Just Compensation includes LAND COMPENSATION — I.E., TVI�NTY-SEVEN THOUSAND THREE HLTNDRED THIRTEEN AND 00/100 DOLLARS ($27,313.00) for the land and damages, if any (the "Land Compensation"), and further includes IMPROVEMENTS COMPENSATION — I.E., TEN TIIOUSAND ONE HUNDRED EIGHTY-FOUR AND 00/100 DOLLARS ($10,184.00) for the improvements (the "Improvements Compensation"), to equal a total of THIRTY-SEVEN THOUSAND FOUR HIJNDRED NINETY-SEVEN AND 00/100 DOLLARS ($37,497.00). The Improvements Compensation is detailed further below. IT IS FUTHER AGREED that, the Improvements Compensation, if any, to be paid to Grantor shall include compensation for the improvements located within the proposed acquisition area as follows: l. Pipe Fence, Conc Footing, Gates & Stops $6,458.00 2. Concrete Paving— 27 SY $2,360.00 3. Brick Mailbox —1 each $1,366.00 IT IS FURTHER AGREED that the Just Compensation is the total sum being paid to Grantor for the conveyance of the Pazcel and compensation for the improvements located within the proposed acquisition area pursuant to the terms of this Memorandum and the Conveyance Instrument. IT IS FURTHER AGREED that the Just Compensation represents a settlement and compromise by the Grantor and Grantee as to the value of the property conveyed in the Conveyance Instrument in order to avoid formal eminent domain proceedings and the added expense of litigation. Memorandum of Agreement Ver. 05.20.2025 IT IS FURTHER AGREED that Grantor shall retain the foUowing improvements (such improvements are referred to herein as the "Retained Improvements" whether one or more): 1. Pipe Fencing 2. Gates 3. Mailbox Grantor covenants and agrees to remove the Retained Improvements from the Property no later than thir[y (30) days after 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 al l 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 offer 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: New Rieht of way line to be staked after closing. Citv a@,rees to construct a commercial drivewav on _the 82"d Street side of landowner's property, aer City standards, with a width of 40 feet. The drivewav is to be constructed at a mutually agreeable location at the bounda�point of Appraisal District parcels R95148 and R95068. (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 lnstrument. 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 Stribling-Probandt Appraisals, LLC dated February 19, 2025 7. Survey Plat and Legal Description of Parcel No. 12 Memorandum of Agreement Ver. 05.20.2025 GRANTORS: Genaro C. Garcia, Jr. and wife, Elizabeth M. Garcia By: ` Genaro C. Garc�a, Jr. DATE• �d � By: '�. • j�JLU i� Elizabeth . Garcia. DATE: v�D� � Memorandum of Agreement Ver. 05.20.2025 EXHIBIT "A" DESCRIPTION — PARCEL 12 Field notes describing a 0.10 acre right-of-way out of Lot 2, Block 4 of the Trigg Heights Addition, located in Section 6, Block E, of the GC 8 SF R.R. Co. Survey, Lubbock County, Texas. BEING a 0.10 acre tract of land out of Lat 2, Block 4 of the Trigg Heights Addition, recorded in Volume 301, Page 10 of the Official Public Records of Lubbock County, Texas, situated in Section 6, Block E, of the GC & SF R.R. Co. Survey, Lubbock County, Texas, and further described by metes and bounds as follows; BEGINNING at a Point (N: 7,253,397.65', E: 957,190.15') for the southwest corner of this tract and being the same as the southwest corner of said Lot 2, on the north line of 82nd Street, as shown on said Trigg Heights Addition, from which a Rail Road Spike (N: 7,253,537.48', E: 952,252.99'} found for the southwest corner of said Section 6, bears South 01 °51'23" West, 25.00 feet and No�th 88°05'16" West, 4,939.10 feet; THENCE North 01°51'22" East, along the common west line of said Lot 2 and east line of Lot 4, Block 4, of said Trigg Heights Addition, a distance of 5.00 feet to a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" set for a corner of this tract; THENCE South 88°05'16" East, a distance of 284.15 feet to a 5/8 inch iron rod with yellow cap stamped "C�BB FENDLEY BOUNDARY" set for a corner of this tract; THENCE North 48°29'02" East, a distance of 43.57 feet to a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" set for a corner of this tract; THENCE North 05°03'20" East, a distance of 117.97 feet to a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" set for a corner of this tract; THENCE North 04°51'50" East, a distance of 153.50 feet to a 5l8 inch iron �od with yellow cap stamped "COBB FENDLEY BOUNDARY" (N: 7,253,692.50', E: 957,530.33') sef for the north corner of this tract on the common east line of said Lot 2 and wes# line of Martin Luther King Jr. Boulevard, as shown on the S.I. Johnson's Sub-Division recorded as Volume 59, Page 354, of the Official Public Records of Lubbock County, Texas, #rom which a 1/2 inch iron rod with cap stamped "HUGO REED & ASSOC." found for the northeast corner of said Lot 2 bears Narth 01 °49'57" East, 2.24 feet; THENCE South 01°49'57" West, along said common line, a distance of 306.05 feet to a Point for the southeast corner of this tract and being the same as the southeast corner of said Lot 2, from which the southeast corner of said Section 6 bears South 01°49'S7 West, 25.00 feet; THENCE North 88°05'16" West, along the common south line of said Lot 2 and no�th line of said 82nd Street, a distance of 330.59 feet to the POlNT OF BEGINNING and containing within these calls a calculated area of 0.10 acre (4,541 square feet) of land. 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 No�th 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. 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. � iP�— � -c� ;�.�� N� � S� 20yH-0 —�7 JEFFREY�L:FANSLER ��.o�� 4348�rf Q� Jeffrey L. Fansler Date Registered Professional Land Surveyor Texas Registration No. 4348 Cobb, Fendley 8� Associates, Inc. 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GRANTEE — CITY OF LUBBOCK, TEXAS, A HOME RULE MUNICIPAL CORPORATION: ` M W. MCBRAYER, M YOR A EST: C RTNEY PAZ, CIT ECRETARY APPROVED AS TO CONTENT: J DIRECTOR ENGINEER APPROVED AS TO FORM: LLI LEISURE, SENIOR ASSISTANT CITY ATTORNEY Memorandum of Agreement Ver. 05.20.2025 Resolution No. 2025-R0331 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAYREMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATIDN FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER. 82°a Street aad MLK Jr. Boulevard, 2022 Street Bond Project Parcel No.12 8016 MLK Jr. Boulevard, Lubbock, TX 79404 Lot 2, Block 4, Trigg Heights 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 GENARO C. GARCIA, JR. AND WIFE, ELIZABETH M. GARCIA, 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". 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 2025 GRANTOR: Genaro C. Garcia, Jr. and wife, Elizabeth M. Garcia � c: ' Genaro C. Garcia, Jr. �� ' C1N Eli eth . arcia [ACKNOWLEDGEMENTS APPEAR ON THE FOLLOWING PAGE� Street, Public Use and Right of Way Deed Ver. 8.10.23 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF � This instrument was acknowledged before me on the � day of by Genaro C. Garcia, Jr. The acknowledging person personally appeared by: �physically appearing before me. 2025 ❑ appearing by an intcractive two-way audio and video communication that meets the requirements for online notarization under Te�as Government Code chapter 406,_subchapter C. ,,.��`''M`f AE F�'''�•,, ,,, �p� .��Y p•. �� •., . R '• ; ; �p'�� UB�''• .�,:: s a �`•• ;y�.� �: '� � '-. � ' •.�FoF � `�: ,,��'i�ej� , - ExP ,,��,• •�, a .�. ''�� „��.��, STATE OF TEXAS IC; STATE OF TEXAS Expires: �� [� 1ii �[_d ACKNOWLEDGEMENT COUNTY OF � This instrument was acknowledged before me on the � day of 2025 by Elizabeth M. Garcia. The acknowledging person personally appeare by: �hysically appearing before me. ❑ appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Tex�s Government Code chapter 406, subchapter C. ��L��„��,,,,� .; ti �� AE� E��'''••,,,� ' •'.;cPRY PVe �s 's . : :,- �%C+•: : '� : r� _ � � _ f ' � •_� � •'��i� �- ... . . � M1 (�,,�a� y�� .:•. ��:'� . �yc .•`� I'''�•n�..�. �,uH••a• Grantee's Address: City of Lubbock 1314 Avenue K, 7�' Floor Lubbock, TX 79401 t'ARY ] Commi ,,`,,,,,`;,`�� rrr��' ,'',,, :�'� �PM � P e`��S' �''- �'�� j� � i : ,;: . ^c�. r�,,. • . �� .. . ;c ,,,JS��a ��"��,. ..��`` LIC, STATE OF TE AS � Expires: ��11111111�1 .�•`°��`� AE E ��''••, . P �� ,, .,,,,'��4��Y•pUe � /s ,,�s �� ( � �' • 4 : I•�'�.,�i•�'�q� OF'iF?: •'��', '" .•��' ,,� �,;� •........• ,��,• ',,,��iE� �,,,,,, Sheet, Public Use and Right of Way Deed Ver. 8.10.23 EXHIBIT "A" QESCRIPTION — PARCEL 12 Field notes describing a 0.10 acre right-of-way out of Lot 2� Block 4 of the Trigg Heights Addition, located in Section 6, Block E, of the GC 8 SF R.R. Co. Survey, l.ubbock County, Texas. BEING a 0.10 acre tract of land out of Lot 2, Block 4 of the Trigg Heights Addition, recorded in Volume 301, Page 10 of the Official Public Records of Lubbock County, Texas. situated in Section 6, Block E, of the GC 8� SF R.R. Co. Survey, Lubbock County, Texas, and further described by metes and bounds as follows; BEGINNING at a Point (N: 7,253,397.65', E: 957,190.15') for the southwest comer of this tract and being the same as the southwest comer of said Lot 2, on the north line of 82nd Street, as shown on said Trigg Heights Addition, from which a Rail Road Spike (N: 7,253,537.48', E: 952,252.99') found for the southwest corner of said Section 6, bears South 01 °51'23" West, 25.00 feet and North 88°05'16" West, 4,939.10 feet; THENCE North 01°51'22" East, along the common west line of said Lot 2 and east line of Lot 4, Block 4, of said Trigg Heights Addition. a distance of 5.00 feet t� a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" set for a corner of this tract; THENCE South 88°OS'16" East, a distance of 284.15 feet to a 5/8 inch i�on rod with yellow cap starnped "COBB FENDLEY BOUNDARY" set for a corner of this tract; THENCE North 48°29'02" East, a distance af 43.57 feet to a 5/8 inch iron rod with ysllow cap stamped "COBB FENDLEY BOUNDARY" set for a corner of this t�act; THENCE North 05°03'20" East, a distance of 117.97 feet to a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BDUNDARY" set for a corner of this tract; THENCE North 04°51'50" East, a distance of 153.50 feet to a 5/8 inch iron rod with yellow cap stamped "COBB FENDLEY BOUNDARY" (N: 7,253,692.50', E: 957,530.33'} set fo� the north comer of this tract on ihe common east line of said l.ot 2 and west line of Martin Luther King Jr. Boulevard, as shown on the S.I. Johnson's Sub-Division recorded as Volume 59, Page 354, of the Official Public Records of Lubbock County, Texas, .from which a 1/2 inch iron rod with cap stamped "HUGO REED &ASS�C." found for the northeast corner of said Lot 2 bears Narth 01 °49'57" East, 2.24 feet; THENCE South 01°49'57" West, along said common line, a distance of 306.05 feet to a Point for the southeast comer of this tracf and being the same as the southeast corner of said Lot 2, from which the southeast corner of said Section 6 bears South 01 °49'S7 West, 25.00 feet; THENCE North 88°05'16" West, along the common south line of said Lot 2 and north line of said 82nd Street, a distance of 330.59 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 0.10 acre (4,541 square feet) of land. 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. 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. i , �:�!-��i�� rA,� , . . �� , Jeffrey L. Fansler Date Registered Professional Land Surveyor Texas Registration No. 4348 Cobb, Fendley 8� Associates, Inc. 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GENANO C. 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