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Home My WebLink AboutResolution - 2020-R0036 - Dedication Deeds And Associated Easements For South LPD Substation - 01/28/2020 Resolution No. 2020-R0036 Item No. 6.10 January 28, 2020 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 Dedication Deeds and associated Easements in connection with a 4.365 acre tract of land out of Section 1, Block AK, Lubbock County, Texas, as described in County Clerk File Number (CCFN) 2018021372, Official Public Record of Lubbock County, Texas and all related documents. Said Dedication Deeds and Easements 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 January 28,2020 DANIEL M. POPE, MAYOR AT'TES'T": Reb �caGa�rza, City Secretat APPROVED AS TO CONTENT: Mark rwoo , Assist nt City Manager APPROVED AS TO FORM: I Ke li Leisure, Assistant City Attorney RES.Dedication Deeds& Easements -South LPD Substation 01.03.20 fi P 4 ° "�� ' g�d 8 • • � . . � �Rif Not In Scob 13A cm — 4 a $ fJ 0 1.48'00 W 1640.32' 3 o g Indiana Avenue H 01'48'00• E 4o4.V `„t u,a exu�i 405.00 < Z bP O OA 0 ® �i RS d A o 11Y� og� c8 9, a acs no n m � ll a a3yr) a�mo ID I S o rt n N N N Ya'N S 01'48'00' W 420.08' E Porenl Troet I CCPV 2013446960 IL SL } • r. P m o b x o Z,e v 'o N AA SL lito c � „'du ZIfiIHX� ' Resolution No. 2020-R0036 DEDICATORY CERTIFICATE TRACT A POLICE DEPARTMENT SOUTH SUBSTATION ADDITION DATE: January 28 12020 DEDICATOR: CITY OF LUBBOCK,TEXAS,a Texas home rule municipal corporation DEDICATORY ADDRESS: 1625 13'''Street,Lubbock,Texas 79401 PROPERTY: METES AND BOUNDS DESCRIPTION of the plat limits of Tract"A"Police Department South Substation Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of Section 1,Block AK, Lubbock County,Texas, for the Southwest corner of this tract, which bears N. 01046'00" E. a distance of 1235.49 feet from the Southwest corner of said Section 1; THENCE N.01 046'00"E.,along the West line of said Section 1,a distance of 404.82 feet to a point for the Northwest corner of this tract; THENCE S.88°14100"E.,a distance of 55.00 feet to a'h"iron rod with cap(marked"4460")found in the South right-of-way line of 140'''Street as dedicated by plat recorded under County Clerk File Number 2018021372 of the Official Public Records of Lubbock County,Texas; THENCE N.46°51'52"E.,along the South right-of-way line of said 140'"Street,a distance of 21.18 feet to a found %2"rod found; THENCE S. 88°02'16" E.,continuing along said South right-of-way line,a distance of 385.00 feet to a %x"iron rod with cap(marked"4460")found at the Northeast corner of this tract; THENCE S. 01046'00" W., a distance of 420.00 feet to a '/2" iron rod with cap (marked "4460") found at the Southeast corner of this tract; THENCE N. 88002'16" W., a distance of 455.00 feet to the Point of Beginning. Dedicatory Certificate Tract "A",Police Department South Substation Addition Bearings relative to Grid North,Texas Coordinate System of 1983, North-Central Zone,(2011, epoch 2010.0). MAP OF THE PROPERTY: Attached to this Dedicatory Certificate is a map of the Property being platted,designating streets,alleys,easements(surface and/or underground),and other public properties shown in accordance with the attached map, prepared by Robert A. Christopher, Registered Professional Land Surveyor#15167,of Hugo Reed and Associates,Inc.on the 6'day of September,2019, and approved by the Planning Commission of the City of Lubbock,Texas on the 2nd day of T11y .) 2019. DEDICATION OF THE PROPERTY The Dedicator owns the Property and desires by this Dedicatory Certificate to have the Property platted as shown on the attached Map of the Property,and duly filed for record in accordance with law, including but not limited to Chapter 212 of the Texas Local Government Code. For and in consideration of the special benefits to the remainder of Dedicator's Property,the Dedicator does hereby DEDICATE all the streets,alleys,easements(surface and/or underground),and other public properties shown and designated upon the Map of the Property to the PUBLIC for PUBLIC USE FOREVER. The Dedicator does hereby impress the name of "TRACT "A", POLICE DEPARTMENT SOUTH SUBSTATION ADDITION to the City of Lubbock, Lubbock County,Texas" upon the Property for the correct reference and description thereto by tract number as indicated upon the attached Map of the Property,and the Dedicator does hereby adopt the name hereinabove stated and impress the same upon said land, incorporating the Map of the Property as a part of this dedication. WITNESS the execution hereof this 28th day of JanuaL-y 2020. DEDICATOR: CITY OF LUBBOCK TEXAS, a Texas home rule rporation BY: Daniel M. Pope Printed name Mayor Title Dedicatory Certificate Tract `A",Police Department South Substation Addition 2 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § Thi 'nstru nt was knowledged before me on the 0'day of 0/aM,&Y-2020 by _ f_'1!<-- – -- — -- -- - - City of Lubbock, a Texas home rule municipal corporation, on behalf of sa� ation. No Public, State of Texas k N 's printed name:[ Commission expires: (official seal) aosP^Y P JENNIFER SOWDER CLEMENTS * Notary Public,State of Texas ,y Notary IN 12497068.3 OFP6 My Commission Expires 06.28-2020 Dedicatory Certificate Tract "A", Police Department South Substation Addition 3 Resolution No. 2020-R0036 STREET DEDICATION STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK } That ROCKET PARTNERS I, LLC, a Texas limited liability company, for and in consideration of the sure of TEN AND N0/100 Dollars ($10.00) and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever for street right-of-way purposes, the following described tract of land situated in Lubbock County, Texas, being more particularly described as follows and as shown on Exhibit "A" attached hereto and incorporated herein for all purposes: METES AND BOUNDS DESCRIPTION of a 0.6894 acre tract of land, being a portion of a 60.015 acre tract of land located in Section 1, Block AK, Lubbock County, Texas, described under County Clerk File Number (CCFN) 2017021344 of the Official Public Records of Lubbock County,Texas (OPRLCT), being further described as follows: BEGINNING at a point in the West line of Section 1, Block AK,Lubbock County,Texas,at the Southwest corner of a 4.365 acre tract of land described under CCFN 2018041141, OPRLCT, for the Northwest corner of this tract which bears N. 01°46'00" E. a distance of 1235.49 feet from the Southwest corner of Section 1,Block AK Lubbock County,Texas; THENCE S. 88002'16" E., along the Southern boundary of said 4.365 acre tract, a distance of 485.00 feet to a1/2"iron rod with cap(marked"Hugo Reed&Assoc.")set for the Northeast corner of this tract; THENCE S.01057'44"W. a distance of 60.00 feet to a 1/2"iron rod with cap(marked"Hugo Reed& Assoc.") set for the Southeast corner of this tract; THENCE N. 88002'16" W. a distance of 414.80 feet to a 112" iron rod with cap (marked "Hugo Reed &Assoc.") set; THENCE S.46051'52"W. a distance of 21.18 feet to a 112"iron rod with cap(marked"Hugo Reed & Assoc.")set; THENCE N. 88002'16" W. a distance of 55.00 feet to a point in the West line of said Section 1,for the Southwest corner of this tract; THENCE N.01046'00"E.,along the West line of said Section 1,a distance of 75.00 feet to the Point of Beginning. Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, (2011, epoch 2010.0). Tract A,Police Department South Substation Street Dedication TO HAVE AND TO HOLD the 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 right-of-way purposes. WITNESS the execution hereof this W day of November, 2019. RO T PARTNERS I, LLC a Texas limited liability` ` any By: 1 Thomas K. ayne, pager CONSENT BY LIENHOLDER That HAPPY STATE SANK, a state banking corporation, duly organized and existing under the laws of the State of Texas, for and in consideration of the sum of TEN AND NO/100 Dollars ($10.00) cash paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, being a lienholder upon the herein- described property, does hereby consent and agree to the aforesaid Street Dedication and does hereby subordinate its rights in the above described property to the above Dedication. IN WITNESS WHEREOF,the said HAPPY STATE BANK has caused these presents to be signed by its duly authorized officer at Lubbock, Texas, this /, i day of November, 2019. HAPPY STATE BA)K By: Jay House, Seni Vice President Tract A,Police Department South Substation Street Dedication STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the day of November, 2019, by Thomas K. Payne, Manager of ROCKET PARTNERS, I, LLC, a Texas limited liability company, on behalf of said limited liability company. I NANCY FLOY� V tJotary PU*,Stale o ""' Notary Public, State of Texas %Iaq SD#509841-3 my Commission Expires 08.242422 STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the ( day of November, 2019, by Jay House, Senior Vice President of Happy State Bank, a banking corporation, on behalf of said banking corporation. •gypp-�// _��;ig^� dg��`g""" `i Notary Public, Stat of Texas EY VIP Notary Public,State Of Teas Nota 'Iia#'i 264 3970-9 l. my Commission Ex ims 03-8-20-0 Tract A,Police Department South Substation Street Dedication HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N 1 LUBBOCK,TEXAS 79401 1 806/763-56421 FAX 8061763-3891 N TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT"A" Street Dedication METES AND BOUNDS DESCRIPTION of a 0.6894 acre tract of land, being a portion of a 60.015 acre tract of land located in Section 1, Block AK, Lubbock County, Texas, described under County Clerk File Number(CCFN) 2017021344 of the Official Public Records of Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a point in the West line of Section 1, Block AK, Lubbock County, Texas, at the Southwest corner of a 4.365 acre tract of land described under CCFN 2018041141, OPRLCT, for the Northwest corner of this tract which bears N. 01'46'00" E. a distance of 1235.49 feet from the Southwest corner of Section 1, Block AK Lubbock County, Texas; THENCE S. 88002'16" E., along the Southern boundary of said 4.365 acre tract, a distance of 485.00 feet to a1/2" iron rod with cap (marked "Hugo Reed &Assoc.") set for the Northeast corner of this tract; THENCE S. 01°57'44" W. a distance of 60.00 feet to a 1/2" iron rod with cap (marked "Hugo Reed &Assoc.")set for the Southeast corner of this tract; THENCE N. 8802'16" W. a distance of 414.80 feet to a 1/2" iron rod with cap (marked "Hugo Reed &Assoc.") set; THENCE S. 46051'52" W. a distance of 21.18 feet to a 1/2" iron rod with cap (marked "Hugo Reed &Assoc.")set; . THENCE N. 88002'16" W. a distance of 55.00 feet to a point in the West line of said Section 1, for the Southwest corner of this tract; THENCE N. 01°46'00" E., along the West line of said Section 1, a distance of 75.00 feet to the Point of Beginning. Contains 30,032 square feet Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, (2011, epoch 2010.0). A plat of even survey date herewith accompanies this legal description. September 6, 2019 OFF"TF-h •;•9�, Robert A. Christopher Registered Professional .... ........I................i,•.. Land Surveyor No. 5167 ROBERT...CHRISTOPHER Licensed State Land Surveyor 5187 State of Texas .•�o� �i r, �0 .: q��SURVE�O�- Resolution No. 2020-R0036 ALLEY RIGHT-OF-WAY DEDICATION STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK ) That ROCKET PARTNERS I, LLC, a Texas limited liability company, for and in consideration of the sum of TEN AND NO/100 Dollars ($10.00) and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever for alley right-of-way purposes, the following described tract of land situated in Lubbock County, Texas, being more particularly described as follows and as shown on Exhibit "A" attached hereto and incorporated herein for all purposes: METES AND BOUNDS DESCRIPTION of a 0.1951 acre tract of land,being a portion of a 60.015 acre tract of land located in Section 1,Block AK,Lubbock County,Texas,described under County Clerk File Number (CCFN) 2017021344 of the Official Public Records of Lubbock County, Texas (OPRLCT),being further described as follows: BEGINNING at a 112" iron rod with cap (marked "4460") found in the South right-of-way line of 140th Street, as dedicated by plat recorded under CCFN 2018021372, OPRLCT, and the Northeast corner of a 4.365 acre tract of land described under CCFN 2018041141, OPRLCT, which bears N. 01°46'00"E.a distance of 1655.49 feet and S.88°02'16"E.a distance of 455.00 feet from the Southwest corner of Section 1,Block AK,Lubbock County,Texas,for the Northwest corner of this tract; THENCE S. 8892116" E., along the South right-of-way line of said 140th Street, a distance of 30.00 feet to a 1/2" iron rod with cap (marked "Hugo Reed & Assoc.") set for the Northeast corner of this tract; THENCE S.46051'52"W. a distance of 14.12 feet to al/2"iron rod with cap (marked"Hugo Reed & Assoc.")set; THENCE S.01046100"W.a distance of 400.00 feet to a al/2"iron rod with cap (marked"Hugo Reed &Assoc.")set; THENCE S.43008'08"E.a distance of 14.17 feet to a al/2"iron rod with cap(marked"Hugo Reed& Assoc.")set for the Southeast corner of this tract; THENCE N. 88002116"W.a distance of 30.00 feet to a 1/2"iron rod with cap (marked 114460")found at the Southeast corner of said 4.365 acre tract for the Southwest corner of this tract; THENCE N. 01046'00" E., along the Eastern boundary of said 4.365 acre tract, a distance of 420.00 feet to the Point of Beginning. Bearings relative to Grid North,Texas Coordinate System of 1983,North-Central Zone,(2011,epoch 2010.0). Tract A,Police Department South Substation Alley Dedication TO HAVE AND TO HOLD the 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 alley right-of-way purposes. WITNESS the execution hereof this ' day of November, 2019. ROC T ARTNERS I, LLC a Texas limited liability co any By: Thomas K. Pay e, Manager CONSENT BY LIENHOLDER That HAPPY STATE BANK, a state banking corporation, duly organized and existing under the laws of the State of Texas, for and in consideration of the sum of TEN AND N0/100 Dollars ($10.00) cash paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, being a lienholder upon the herein- described property, does hereby consent and agree to the aforesaid Street Dedication and does hereby subordinate its rights in the above described property to the above Dedication. IN WITNESS WHEREOF, the said HAPPY STATE BANK has caused these presents to be signed by its duly authorized officer at Lubbock, Texas, this 6 05> day of November, 2019. HAPPY STA E BANK By: Jay Houscoenior Vice President Tract A,Police Department South Substation Alley Dedication STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the 11346A day of November, 2019, by Thomas K. Payne, Manager of ROCKET PARTNERS, I, LLC, a Texas limited liability company, on behalf of said limited liability company. W- P NANCY FLOYD c Notary PublicL&Kp4es Texas Notary Public, State ofTe'x' as Notary IN3 My Commission 24-2022 STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the LQ`�- day of November, 2019, by Jay House, Senior Vice President of Happy State Bank, a banking corporation, on behalf of said banking corporation. Notary Public, State&Texas -. WHITNEY CRUMP Notary ID#"26 .3970-9�S P "fit } �COV"MIsslon Evs ' s 03-8-2020 h,ew�r'e.,+vr'�'.+'vrs v�Jti^✓A1�.n/'�M.r Tract A,Police Department South Substation Alley Dedication AND ASSOCIATES, INC. 1601 AVENUE N 1 LUBBOCK,TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT"A" Alley right-of-way METES AND BOUNDS DESCRIPTION of a 0.1951 acre tract of land, being a portion of a 60.015 acre tract of land located in Section 1, Block AK, Lubbock County, Texas, described under County Clerk File Number(CCFN) 2017021344 of the Official Public Records of Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 112" iron rod with cap (marked "4460")found in the South right-of-way line of 140th Street, as dedicated by plat recorded under CCFN 2018021372, OPRLCT, and the Northeast corner of a 4.365 acre tract of land described under CCFN 2018041141, OPRLCT,which bears N. 01'46'00" E. a distance of 1655.49 feet and S. 88°02'16" E. a distance of 455.00 feet from the Southwest corner of Section 1, Block AK, Lubbock County, Texas, for the Northwest corner of this tract; THENCE S. 88002'16" E., along the South right-of-way line of said 140th Street, a distance of 30.00 feet to a 112" iron rod with cap (marked"Hugo Reed &Assoc.") set for the Northeast corner of this tract; THENCE S. 46°51'52" W. a distance of 14.12 feet to a1/2" iron rod with cap (marked "Hugo Reed &Assoc.") set; THENCE S. 01'46'00" W. a distance of 400.00 feet to a a1/2" iron rod with cap (marked "Hugo Reed &Assoc.") set; THENCE S.43°08'08" E. a distance of 14.17 feet to a a1/2" iron rod with cap (marked "Hugo Reed &Assoc.") set for the Southeast corner of this tract; THENCE N. 8802'16" W. a distance of 30.00 feet to a 1/2" iron rod with cap (marked "4460")found at the Southeast corner of said 4.365 acre tract for the Southwest corner of this tract; THENCE N. 01'46'00" E., along the Eastern boundary of said 4.365 acre tract, a distance of 420.00 feet to the Point of Beginning. Contains 8,500 square feet Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, (2011, epoch 2010.0). Surveyed on the ground. September 6, 2019 •°F. ... F Robert A. Christopher .N.Nos.....N................s..... Registered Professional ROBERT A.CHRISTOPHER Land Surveyor No. 5167 "'`;'o"'°"5167 "�%'"'�' Licensed State Land Surveyor '��p 5167 + State of Texasr PESS��'Q- �NO SUR\J'�: � Resolution No. 2020-R0036 DRAINAGE EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT ROCKET PARTNERS I,LLC,a Texas limited liability company,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,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 drainage easement, the free and uninterrupted use and liberty of passage in,on,over,upon,along,under,and across all that property lying and situated in the County of Lubbock,State of Texas,more particularly described in the attached Exhibit"A"incorporated herein for all purposes; together with the free and uninterrupted use, liberty, and privilege of passage in, on, along,over,across, under, and against the property described herein for the purpose of constructing,reconstructing,maintaining,repairing,cleaning, and clearing said premises for the free and unobstructed drainage of surface waters,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,on,along, through,and across the property herein 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 herein described,and buildings or like permanent structures shall not be erected,built,constructed,or allowed to be erected,built,or constructed in, upon,under, along or across the real property herein 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 premises. 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. HAPPY STATE BANK,Lubbock,Texas,holder of a lien of record against the property described on Exhibit"A",joins in the granting of this easement for the sole purpose of showing its assent thereto,and that it has no objection to the granting of this easement,and it hereby subordinates its lien upon the tract embraced within the easement as above described to the rights granted herein. Tract A, Police Department South Substation Drainage Easement WITNESS THE EXECUTION OF THIS INSTRUMENT this the jj�day of November,2019. ROCKET PARTNERS I,LLC,a Texas limited liability compa By: n�� j Thomas K. P yne anager HAPPY STA ANK,a banking corporation By: kzD Jay House,Se 'or Vice President THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on the �OAday of November,2019,by Thomas K. Payne,Manager of ROCKET PARTNERS I,LLC,a Texas limited liability company,on behalf of said limited liability com an zo,.aYP , NANCY FLOYD Notary Public,State of Texas Notary lD#509841-3 My Commission Wwes 08.24-2022 No ary Public in an r the State of Texas Commission expires: f THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on the day of November,2019,by Jay House, Senior Vice President of Happy State Bank,a banking corporation,on behalf of said banking corporation. lb , gip"`kll/F11-1RUMP °i Notary Public in and for he State of TexaA '"+ € Plt�ta..n;Pue of Texa4 Conunission expires:1'�ota 3970-9 .er:. �/My COmiPtiSsion03-$-21F2 Tract A, Police Department South Substation Drainage Easement Resolution No. 2020-R0036 WATER LINE EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT ROCKET PARTNERS I,LLC,a Texas limited liability company,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,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,Iiberty 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,being more particularly described on Exhibit"A"attached hereto and incorporated herein for all purposes: 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. HAPPY STATE BANK,Lubbock,Texas,holder of a lien of record against the property described on Exhibit"A",joins in the granting of this easement for the sole purpose of showing its assent thereto,and that it has no objection to the granting of this easement,and it hereby subordinates its lien upon the tract embraced within the easement as above described to the rights granted herein. Tract A,Police Department South Substation Nater Line Easement V ` WITNESS THE EXECUTION OF THIS INSTRUMENT this the vday of November,2019. ROCKET PARTNERS I,LLC,a Texas limited liab pany By: Thomas K. ay anager HAPPY STATE ANK,a banking corporation By: Jay House,S n' r Vice President THE STATE OF TEXAS § COUNTY OF LUBBOCK § rr}} This instrument was acknowledged before me on the day of November,2019,by Thomas K. Payne,Manager of ROCKET PARTNERS,I,LLC,a Texas limited liability company,on behalf of said limited liability company. EP - THE NANCY FLOYD otary Public in and fort e Sta e of Texas Notary Public,State of Texas CommissionNotary ID#509641-3 My Commission Expires 08.24-2022 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on the day of November,2019,by Jay House, Senior Vice President of Happy State Bank,a banking corporation,on behalf of said banking corporation. c7is` , f PfT��E�' RUfi� Notary Public in and for e State of Texas a � �Ict�B'Pta?,'i- tafie of Texas f Commission expires: k, Zo2_0 Notary If.3-1121343970-9 My Commission Expires 03-8-2020 y� Tract A, Police Department South Substation Water Line Easement HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK.TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 ,;,�„' TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT"A" Waterline Easement METES AND BOUNDS DESCRIPTION of a 0.0071 acre tract of land, being a portion of a 60.015 acre tract of land located in Section 1, Block AK, Lubbock County, Texas, described under County Clerk File Number(CCFN) 2017021344 of the Official Public Records of Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 112" iron rod with cap (marked "Hugo Reed &Assoc.")set for the Northwest corner of this tract which bears N. 01'46'00" E. a distance of 1160.49 feet and S. 88'02'16" E. a distance of 55.00 feet from the Southwest corner of Section 1, Block AK, Lubbock County,Texas; THENCE N. 46051'52" E. a distance of 14.12 feet to a 112" iron rod with cap (marked "Hugo Reed &Assoc.") set for the Northeast corner of this tract; THENCE S. 01 046'00" W. a distance of 36.01 feet to a1/2" iron rod with cap (marked "Hugo Reed &Assoc.")set for the Southeast corner of this tract; THENCE N. 8814'00" W. a distance of 10.00 feet to a1/2" iron rod with cap (marked "Hugo Reed &Assoc.")set for the Southwest corner of this tract; THENCE N. 01'46'00" E. a distance of 26.05 feet to the Point of Beginning. Contains 310 square feet Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, (2011, epoch 2010.0). Surveyed on the ground September 6, 2019 Robert A. Christopher Registered Professional OF TF Land Surveyor No. 5167 ........• s \S Te Licensed State Land Surveyor State of Texas ROBERT A.CHRISTOPHER .,,...........5 .... 167 ^�... ! FE'SS�O. ��SU*'*' C