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HomeMy WebLinkAboutResolution - 2020-R0056 - Dedication Deed And Easements For North Police Substation - 02/11/2020 Resolution No. 2020-ROO56 Item No. 7.18 February 11, 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 4 on behalf of the City of Lubbock a Dedication Deed and associated Easements in connection with a property described as a 3.12 acre tract out of Section 7, Block JS, Lubbock County, Texas, as described in County Clerk File Number (CCFN) 2018044829, 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 February 11, 2020 DANIEL M. POPE, MAYOR ATTEST: Rebe a Garza, City Secret APPROVED AS TO CONTENT: _ ! y Mark ood, AV' Cit; anager APPROVED AS TO FORM: Kel Leisure, Assistant City Attorney f RES.Dedication Deed& Easements North LPD Substation 01.03.20 ffiIBIT "A" HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N 1 LUBBOCK,TEXAS 78401 18061703-6042 1 FAX 8061763-7881 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100678-00 LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of the plat limits of Tract"A", Police Department North Substation Addition to the City of Lubbock, Lubbock County,Texas. Being further described as follows: BEGINNING at a 112" iron rod with cap(marked"Delta Land Surveying 66840)found in the West right-of-way line of North Genoa Avenue as described under County Clerk File Number(CCFN)2017041851 of the Official Public Records of Lubbock County,Texas (OPRLCT), and the Eastern boundary of an 11.31717 acre tract of land as described under CCFN 2018044829, OPRLCT,at the most Easterly Southeast corner of this tract,which bears N. 88°11'58"W. a distance of 1063.43 feet and N. 01 047'44" E. a distance of 70.00 feet from the Southeast corner of Section 7, Block JS, Lubbock County, Texas; THENCE S.46047'53"W. a distance of 21.21 feet to a 112"iron rod with cap(marked"Delta Land Surveying 6684") found at the most Southerly Southeast corner of this tract; THENCE N. 88011'58"W. a distance of 223.91 feet to a 112" iron rod with cap(marked"Delta Land Surveying 6684")found at the Southwest comer of this tract; THENCE N. 01°47'44" E. a distance of 570.10 feet to a 112" iron rod with cap(marked"Delta Land Surveying 6684")found at the Northwest corner of this tract; THENCE S. 88011'58" E. a distance of 238.91 feet to a 112" iron rod with cap(marked"Delta Land Surveying 66840)found in West right-of-way line of said North Genoa Avenue and the Eastern boundary of said 11.31717 acre tract,for the Northeast comer of this tract; THENCE S. 01047'44"W., along said West right-of-way line and the Eastern boundary of said 11.31717 acre tract, a distance of 555.10 feet to the Point of Beginning. Contains 3.124 acres 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. July 25, 2019 PZ OF /Robert A.Christopher Registered Professional Land Surveyor No. 5167 .« ..«.....................:..... Licensed State Land Surveyor ROBERT A.CHRISTOPHER State of Texas + '�•�«•«• • � ~«�« %.p, 5167 << STATE OF TEXAS § COUNTY OF LUBBOCK § DEDICATION DEED That the CITY OF LUBBOCK,TEXAS,is the sole owner of the property described on Exhibit"A"attached hereto and made a part hereof as if fully copied herein; That the CITY OF LUBBOCK,TEXAS,for valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does hereby adopt the plat attached hereto, said plat prepared by Robert A. Christopher, Registered Professional Land Surveyor,of Hugo Reed and Associates, Inc.,designating the herein above described property as Tract"A",POLICE DEPARTMENT NORTH SUBSTATION ADDITION to the City of Lubbock,Lubbock County, Texas, and does impress the said name Tract "A", POLICE DEPARTMENT NORTH SUBSTATION ADDITION to the City of Lubbock,Lubbock County,Texas,upon said property for the correct reference and description thereof,as indicated upon said plat,and does hereby dedicate the streets,alleys and easements,as shown thereon,to the public for public use forever. Witness my hand this_LL day of 2020. CITY OF LUBBOCK EXAS By: Printed Name:_a n;Pl a Dnna Title: MaVOE STATE OF TEXAS § COUNTY OF LUBBOCK § This instr gent was acknowledged before me this day of 2020 by M. amu Vvw of CITY OF LUBBOCK,TE S,in the capacity therein stated. JENNIFER SOWDER CLEMENTSNotary ic,state of Texas &Mh Nolary Public,State of Texas Notary ID#124970*3 My Commission Expires 06.28.2020 Police Department North Substation,Tract A Dedication Teed Page 1 of 1 THE STATE OF TEXAS § COUNTY OF LUBBOCK § DEDICATION OF PUBLIC ROAD THAT 806 LAND GROUP,LLC,a Texas limited liability company(the"Grantor"),for and in consideration of the general welfare and benefit of the public,does by these presents forever grant and dedicate unto the CITY OF LUBBOCK,TEXAS(the"Grantee"),the free and uninterrupted use, liberty,privilege of passage,and easement, in, along,upon and across the property described by metes and bounds description in Exhibit"A"attached hereto and incorporated herein by reference(the"Easement Property"),for the purpose of constructing, installing,maintaining, replacing and removing a permanent public road(the"Public Road")in,along,upon and across the Easement Property and to construct culverts,bridges,drainage ditches,water lines and sewer facilities,and similar or related utilities and facilities under or across any portion of the Easement Property,with the right and privilege at all times of the Grantee, its agents,employees,workmen and representatives having ingress,egress and regress in,along,upon and across the Easement Property for the purpose of making additions to,improvements on and repairs to the Public Road,or any part thereof. All matters concerning the design,construction, installation,maintenance,replacement and removal of the Public Road shall be at the sole discretion of the Grantee. It is specifically understood that the Grantee and its assigns shall be vested with the title to,and the right to, take and use,without additional compensation,any stone,earth,gravel,caliche or any other materials or minerals upon, in and under the Easement Property, except oil,gas and sulphur,for the construction and maintenance of the Public Road. It is further agreed that the Grantee, in consideration of the benefits set out above, will remove from the Easement Property any fences,buildings and other obstructions as may be found upon the Easement Property.Grantor does hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent structure over the Easement Property;and should such building or structure be erected,it is understood that the Grantee shall have the right to remove said building or structure from the Easement Property. In the event that the City of Lubbock Texas,shall pass an order declaring the Property to be abandoned for road purposes,then the Property shall revert to the Grantor or Grantor's successors in interest. WITNESS OUR HANDS,this the day of ,2019. 806 LAND GROUP,LLC,a Texas limited liability company By._ /* CHAD ARVER eager By; - JORDAN WHEATLEY,Mana STATE OF TEXAS § § COUNTY OF LUBBOCK § Acknowledged before me, the undersigned notary on this day of —, 2019, by CHAD TARVER,Manager of 806 LAND GROUP, LLC,a Texas limited liability com any, in the capacity therein stated. r ;o�pPY PLS! JANIE LEE GROVES �. Notary Public f t State of texasID � { "MY Comm.EX2 8561p es 01-7-5 20-2020 20 Notary Public,State of Texa� Dedication of Public Road City of Lubbock Page 1 oft STATE OF TEXAS § COUNTY OF LUBBOCK § Acknowledged before me,the undersigned notary on this aexas day of l _,2019,by JORDAN WHEATLEY, Manager of 806 LAND GROUP, LLC, limited li bility company, in the capacity therein stated. emy JANlE LEE GROVES Notary PublicState of Texas!D#1?.885617-5 Notary Public,State of "exas Comm,Expires 01-20-2020 LIENHOLDER CONSENT STATE OF TEXAS § COUNTY OF LUBBOCK § That SOUTHWEST BANK, 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 of which is hereby acknowledged and confessed,being a lienholder upon the above described property,does hereby consent and agree to the aforesaid grant and dedication,and does hereby subordinate its rights in the above described property to the above grant and dedication. IN WITNESS WHEREOF,the said SOUTHWEST BA , h caused these presents to be signed by its duly authorized officers at Lubbock,Texas,this ��J_day of = '� 2019. SOUTHW "T BAk BY:_ Printed N' Title: STATE OF TEXAS § § COUNTY OF LUBBOCK § This in tru nt 'as ackno aea d before me on this day of 2019, by � of SOUTHWEST B NK and in the capacity therein stated. U�par P&8` JANNot LEE ry Public blic r A State of Texas Notary Public,State of xas s, * ID#12885617-5 My Comm.Expires 01-20-2020 Dedication of Public Road City of Lubbock Page 2 of 2 Exhibit"A" Metes and bounds description on a 0.30424 acre(13,252.6 sy,ft.)right of way being out of that 11.31717 acre tract of land described in County Clerk File Number(CCFN)2017044829,Official Public Records of Lubbock County,Texas (OPRLCT),and out of Section 7,Block JS,Lubbock County,Texas,being further described as follows: Beginning at a set I!2"iron rod with blue cap marked DELTA RPLS 6684 in the West Right of Way line of that street dedication described in CCFN:201704185 1,OPRLCT,for the Northeast corner of this tract,whence a found 1 r2"iron rod with green cap(Abacus)for the Southwest corner of Tract"A",Covenant Northwest Clinic,an Addition to the City of Lubbock,Lubbock County,Texas,as recorded in CCFN:2016007621,OPRLCT,bears S8801 1'58"E,512.13 feet and S01 050'37"W, 15.00 feet; Thence SO l"47'44"W,with the West Right of Way line of said street dedication,at a distance of 30.00 feet pass a found I/2"iron rod with orange cap(AMD Engineering),continuing for a total distance of 70.00 feet to a point in the South line of said Section 7 and near the centerline of Erskine Street as described in Volume 1194,Page 214,Deed Records of Lubbock County,Texas(DRLCT),for the Southeast corner of this tract; Thence N88'`1 1'58"W,with the South line of said Section 7 and with said Erskine Street,238.91 feet to a point for the Southwest corner of this tract; Thence NO 1"47'44"E,55.00 feet to a set 1 2" iron rod with blue cap marked DELTA RPLS 6684 for the Northwest corner of this tract; Thence 588=11'58"E,223.91 feet to a set 1:'2"iron rod with blue cap marked DELTA RPLS 6684 for a corner of this tract; Thence N46,-'-47'53"E,21.21 feet to the Place of Beginning. Bearings are based on the West Right of Way line of that street dedication described in CCFN: 2017041851 being previously recognized as S0F'47'44"W. Distances are actual surface distances. The above described Right of Way includes a portion of a 40'Right of Way described in Volume 1194,Page 214. STATE OF TEXAS § COUNTY OF LUBBOCK § PUBLIC ACCESS AND DRAINAGE EASEMENT That 806 LAND GROUP,LLC,a Texas limited liability company(hereinafter referred to as the"Grantor"), for TEN AND NO/]00 DOLLARS($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has by these presents GRANTED,BARGAINED,SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, TEXAS, and its employees,agents and contractors(collectively hereinafter referred to as the"Permitted Users"),forthe use ofthe public as a perpetual and permanent access and drainage easement,the free and uninterrupted use,liberty of passage in,on, along,over,upon,under and across all of the real property as shown on Exhibit"A"attached hereto and incorporated herein by reference(herein referred to as the"Property")together with all and singular the rights and appurtenances thereto in any way belonging(collectively,the"Easement"),to have and to hold the Easement to the Permitted Users for so long as the Permitted Users use same for the purposes herein granted. That the Easement shall continue so long as the Permitted Users continues to use said property for the free and uninterrupted pedestrian and vehicular passage in, on,along over, upon and across the Property, and so long as the Permitted Users continues to use said property for drainage improvements,which easement shall include,but shall not be limited to, the right to construct, reconstruct, maintain, repair, clean and clear said property for the free and unobstructed drainage of surface water,together with the right of ingress,egress,and regress for such purposes in,on, along,through and across said property to accomplish the purposes set out herein. That buildings or like permanent structures shall not be erected,built or constructed,or allowed to be erected, built or constructed in,upon,over,along,or across the Property,and if such erection,building or construction does occur in violation of this prohibition,the Permitted Users shall have the right to remove said building or structure from the Property. IN WITNESS WHEREOF,this instrument is executed this day of �� ,2019. 806 LAND GROUP,LLC,a Texas limited liability company By: CHAD TARVER,h ager By:_ JORD W HEATLEY ,OR4D ,Manager STATE OF TEXAS § COUNTY OF LUBBOCK § Acknowledged before me, the undersigned notary on this ' day of {' ' 2019, by CHAD TARVER,Manager of 806 LAND GROUP,LLC, a Texas limited liability co any, in the capacity therein stated. emycorytin. JA�lNotaEy P R�CESState of TexasI©#12B85b17-5 Expires 01-20-2020 Notary Public,State of Texas Public Access and Drainage Easement City of Lubbock Page l of 2 STATE OF TEXAS § COUNTY OF LUBBOCK § Acknowledged before me,the undersigned notary on this A day of2019,by JORDAN WHEATLEY, Manager of 806 LAND GROUP, LLC, a Texas limited li bility company, in the capacity therein stated. ar P(W JANIE LEE GROVES m� Notary PubIIC Stete of Tenas Ju r �' ID#121385617-5 4l ofd My comm.Exr ire: Notary rY ublic,State of T as LIENHOLDER CONSENT STATE OF TEXAS § § COUNTY OF LUBBOCK § That SOUTHWEST BANK, 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 of which is hereby acknowledged and confessed,being a Iienholder upon the above described property, does hereby consent and agree to the aforesaid grant, and does hereby subordinate its rights in the above described property to the above grant. M WITNESS WHEREOF,the sai OUTHWEB , has c us these presents to be signed by its duly authorized officers at Lubbock,Texas,this day of ,2019. SOUTHWE T BANK By; Printetam Title: �d N ; STATE OF TEXAS § COUNTY OF LUBBOCK § This 'nst men was acknowle d before me on this !�� day of 2019, by ' of SOUTHWEST BANK and in the capacity therein stated. —-1 My Il K&' I W- A =GROVESE5 otary Public,State of xas-5y 0-2020 Public Access and Drainage Easement City of Lubbock Page 2 of 2 Exhibit"A" Metes and bounds description on a 0.10969 acre(4,778.3 sq.ft.)easement being out of that 11.31717 acre tract of land described in County Clerk File Number(CCFN) 2017044829, Officiai Public Records of Lubbock County, Texas (OPRLCT),and out of Section 7,Block JS,Lubbock County,Texas,being further described as follows: Beginning at a point in the West line of that street dedication described in County Clerk File Number (CCFN) 2017041851,OPRLCT and for the Northeast corner of this easement, whence a found fence post for the Northwest corner of Tract "A", Covenant Northwest Clinic, an Addition to the City of Lubbock, Lubbock County, Texas, as recorded in CCFN:2016007621,OPRLCT,bears NOl°47'20"E, 11.62 feet and S88`'11'58"E,512.65 feet; Thence SO 1'47'44"W,with the West Right of Way line of said street dedication,20.00 feet to a set V2"iron rod with blue cap marked DELTA RPLS 6684 for the Southeast comer of this easement; Thence N88'l 1'58"W,238.91 feet to a set 1+'2"iron rod with blue cap marked DELTA RPLS 6684 for the Southwest corner of this easement; Thence NO 1'4744"E,20.00 feet to a point for the Northwest comer of this easement,whence a found 11"iron rod with yellow cap(HRA)bears NO1`47'44"E, 15.00 feet and N88"I 1'58"W,507.91 feet; Thence 588'11'58"E,238.91 feet to the Place of Beginning. Bearings are based on the West Right of Way line of that street dedication described in CCFN: 2017041851 being previously recognized as SO 1'47'44"W. Distances are actual surface distances. STATE OF TEXAS § COUNTY OF LUBBOCK § SEWER LINE EASEMENT That 806 LAND GROUP,LLC,a Texas limited liability company,hereinafter referred to as the"Grantor"), for TEN AND N&100 DOLLARS($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has by these presents GRANTED,BARGAINED,SOLD AND CONVEYED and by these presents does GRANT,BARGAIN,SELL and CONVEY,subject to all validly existing easements, unto the CITY OF LUBBOCK, TEXAS, and its employees, agents and contractors (collectively herein referred to as "Permitted Users"),for use as a perpetual and permanent sewer line easement,the free and uninterrupted use,liberty of passage in, on,along,over,upon,under and across all of the real property described in Exhibit"A"attached hereto and incorporated herein by reference(the"Easement Property"),together with all and singular the rights and appurtenances thereto in any way belonging(collectively,the"Easement"),to have and to hold the Easement to the Permitted Users for so long as the Permitted Users use same for the purposes herein granted. That the Easement shall continue so long as the Permitted Users continue to use the Easement Property for a sewer line,which Easement shall include,but shall not be limited to,the right to install,construct,operate,maintain, replace,repair,upgrade,and remove a sewer line within the Easement Property,together with the right of ingress,egress, and regress for such purposes in,on,along,through and across said property to accomplish the purposes set out herein. In order to assure the Permitted Users of continuing access and enjoyment of said Easement,Grantor,his heirs, successors and assigns,do hereby expressly agree not to erect,build or otherwise allow to be constructed any building or like permanent structure over the said Easement Property heretofore described;and should such building or structure be erected, it is understood that the Permitted Users shall have the right to remove said building or structure from the premises. It is further understood and agreed that this easement is executed upon the condition that upon completion of the said sewer line described herein,the premises will be restored to substantially the same condition as the same were prior to such construction,without cost to Grantor,his heirs,successors and assigns. Upon restoration,Grantor,his heirs, successors and assigns,shall be allowed the use of the surface of the Easement Property for any and all purposes,save and except for the erection thereon of any permanent buildings or structures. IN WITNESS WHEREOF,this instrument is executed this day of� ,2019. 806 LAND GROUP,LLC,a Texas limited liability company By: CHAD VER, ager By: JORD*7rN WHEATLEY,Mang Sewer Line Easement City of Lubbock Page l of 2 STATE OF TEXAS § § COUNTY OF LUBBOCK § Acknowledged before me,the undersigned notary on this day of ,2019, by CHAD TARVER, Man r C, a Texas limited liability cora any, in the capacity therein stated. JANIE LEE GROVES emy Notary Public State of TexasID#12885617-5 Comm.Expires 01-20-2020 Notary ublic,State of Texas STATE OF TEXAS § COUNTY OF LUBBOCK § Acknowledged before me,the undersigned notary on this day of �,2019,by JORDAN WHEATLEY Manager of 806 LAND GROUP, LLC, a Texas limited bility company, in the capacity therein state ^�ccsx li spar JANIE LEE GROVES ?° Notary Public State of Texas 15 , Fere M ID#12885617-5 yComm.Expires O1-2Q-2020 f T Notary Public,State oxas LIENHOLDER CONSENT STATE OF TEXAS § COUNTY OF LUBBOCK § That SOUTHWEST BANK, 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 of which is hereby acknowledged and confessed,being a lienholder upon the above described property, does hereby consent and agree to the aforesaid grant, and does hereby subordinate its rights in the above described property to the above grant. IN WITNESS WHEREOF,the said SOUTHWET BANK, has caused these presents to be signed by its duly authorized officers at Lubbock,Texas,this day of `i ' _ 2019. SOUTHWE ` BANK By: Printed N , Title: STATE OF TEXAS § COUNTY OF LUBBOCK § This instr met was acknowledge before me on this 10 day of 1)x r2019, by ofSOUTHWEST BANK an in the capacity therein stated. 4 } k �Yµv pUy` JANIE LEE GROVES `s — �, Notary Public Notary Public,State of cxas �� State of Texas Sewer Line Easement e ��' ID#12885617-5 City of Lubbock My Comm.Expires 01-20-2020 Page 2 of 2 Exhibit"A" Metes and bounds description on a 0 01607 acre(700.0 sq.ft.)easement being out of that 11.31717 acre tract of land described in County Clerk File Number(CCFN) 2017044829, Official Public Records of Lubbock County, Texas (OPRLCT),and out of Section 7,Block JS,Lubbock County,Texas,being further described as follows: Beginning at a point in the South line of that 58.96 acre tract described in CCFN: 2017041499, OPRLCT, for the Northeast corner of this easement,whence a found fence post for the Northwest corner ofTract"A",Covenant Northwest Clinic,an Addition to the City of Lubbock,Lubbock County,Texas,as recorded in CCFN:2016007621,OPRLCT,bears 588"11'58"E,731.57 feet and SO1 050'37"W,3.38 feet; Thence SO 1'4744"W,35.00 feet to a point for the Southeast corner of this easement,whence a set 1,'2"iron rod with blue cap marked DELTA RPLS 6684 bears S88°11'58"E,218.91 feet; Thence N88'1 1'58"W,20.00 feet to a set 1,2" iron rod with blue cap marked DELTA RPLS 6684 for the Southwest corner of this easement; Thence NO1"47'44"E, 35.00 feet to a point in the South line of said 58.96 acre tract for the Northwest comer of this easement; Thence S88"11'58"E,20.00 feet to the Place of Beginning. Bearings are based on the West Right of Way line of that street dedication described in CCFN: 2017041851 being previously recognized as SOI'47'44"W. Distances are actual surface distances. STATE OF TEXAS § COUNTY OF LUBBOCK § WATER LINE EASEMENT That 806 LAND GROUP,LLC,a Texas limited liability company(hereinafter referred to as the"Grantor"), for TEN AND NO/100 DOLLARS($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has by these presents GRANTED,BARGAINED,SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, TEXAS, and its employees,agents,contractors and assigns(collectively herein referred to as"Permitted Users"),forthe use of the public as a perpetual and permanent public water line easement for the free and uninterrupted use,liberty of passage in,on, along,over,upon,under and across all of the real property as shown on Exhibit"A"attached hereto and incorporated herein by reference(herein referred to as the"Property")together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement"), to have and to hold the Easement to the CITY OF LUBBOCK and Permitted Users for so long as the public uses same for the purposes herein granted. That the Easement shall continue so long as the public continues to use said property for a water line,which easement shall include, but shall not be limited to, the right to install, construct, operate, maintain, replace, repair, upgrade,and remove a water line within the easement property,together with the right of ingress,egress,and regress for such purposes in,on,along,through and across said property to accomplish the purposes set out herein. No buildings or like permanent structures shall be erected,built or constructed,or allowed to be erected,built or constructed in,upon,over,along,or across the Property,and if such erection,building or construction does occur in violation of this prohibition,the CITY OF LUBBOCK and Permitted Users shall have the right to remove said building or structure from the Property. IN WITNESS WHEREOF,this instrument is executed this day of ,2019. 806 LAND GROUP,LLC,a Texas limited liability company f By: 9 CHAD ARVER anager By: .JORDAN WHEATLEY, nagger STATE OF TEXAS § COUNTY OF LUBBOCK § Acknowledged before me,the undersigned notary on this day of + t,. ,2019, by CHAD TARVER, Manager of 806 LAND GROUP,LLC,a Texas limited liability co any, in the capacity therein stated. =o�rRr''u8� .JANIE LEE GROVES * n Mate of Texas MY Comm.D 12885617-5 y n Ex ,.4,01-20.2024 Notary Public,State of Tex ��� Water line Easement City of Lubbock Page I of 2 STATE OF TEXAS § COUNTY OF LUBBOCK § Acknowledged before me,the undersigned notary on this day ofG6 ,2019 b —4 . Y JORDAN WHEATLEY, Manager of 806 LAND GROUP, LLC, a Texas limited litility company, in the capacity therein stated. x pvY Pfj�� JANNotary PubpcE5 State of Texas *qy 1D#1- 17-5 Notary Public,State of T as �eof My Comm.Expires 01-20-2020 LIENHOLDER CONSENT STATE OF TEXAS § COUNTY OF LUBBOCK § That SOUTHWEST BANK, duly organized and existing under the laws of the State of Texas, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) cash paid, and for other good and valuable consideration,the receipt of which is hereby acknowledged and confessed,being a Iienholder upon the above described property, does hereby consent and agree to the aforesaid grant, and does hereby subordinate its rights in the above described property to the above grant. IN WITNESS WHEREOF,the sai OUTHWES I BA has aused these presents to be signed by its duly authorized officers at Lubbock,Texas,this day of ,2019. SOUTHWE ".1"BANK By: Y+ fJ Printed N Title: STATE OF TEXAS § COUNTY OF LUBBOCK § �T is instr en as cknowled ed fore me on this day of 1` 2019, by � 1 of SOUTHWEST BANK and n the capacity therein stated. em JAMIE LEE GROVES �Notary PuhllcState of Texas otary Public,State of exas y Comm.Expires 01 20-2020 Water line Easement City of Lubbock Page 2 of 2 Exhibit"A" Metes and bounds description on a 0.00803 acre(350.0 sq.ft.)easement being out of that 11.3 1717 acre tract of land described in County Clerk File Number (CCFN) 2017044829, Official Public Records of Lubbock County, Texas (OPRLCT),and out of Section 7,Block JS,Lubbock County,Texas,being further described as follows: Beginning at a found 1/2"iron rod with orange cap(AMD Engineering)in the South line of that 58.96 acre tract described in CCFN:2017041499,OPRLCT,for the Northwest corner of that street dedication described in CCFN:2017041851, OPRLCT,and for the Northeast corner of this easement,whence a found fence post for the Northwest comer of Tract "A",Covenant Northwest Clinic,an Addition to the City of Lubbock,Lubbock County,Texas,as recorded in CCFN: 2016007621,OPRLCT,bears S88'1 1'58"E,512.65 feet and SOI°50'37"W,3.38 feet; Thence SO 1'47'44"W,with the West Right of Way line of said street dedication,35.00 feet to a set 1/2"iron rod with blue cap marked DELTA RPLS 6684 for the Southeast comer of this easement; Thence N88'1 1'58"W, 10.00 feet to a point for the Southwest comer of this easement,whence a set 1/2"iron rod with blue cap marked DELTA RPLS 6684 bears N88'1 1'58"W,228.91 feet; Thence NO 1'4744"E, 35.00 feet to a point in the South line of said 58.96 acre tract for the Northwest comer of this easement,whence a found 1/2"iron rod with yellow cap(HRA)bears N881 1'58"W,736.82 feet; Thence S88°11'58"E, 10.00 feet to the Place of Beginning. Bearings are based on the West Right of Way line of that street dedication described in CCFN: 2017041851 being previously recognized as SOI°47'44"W. Distances are actual surface distances. THE STATE OF TEXAS § § COUNTY OF LUBBOCK § UNDERGROUND UTILITY EASEMENT THAT 806 LAND GROUP,LLC,a Texas limited liability company,herein called"GRANTOR",for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,has by these presents GRANTED,BARGAINED,SOLD AND CONVEYED and by these presents does GRANT,BARGAIN,SELL and CONVEY unto the CITY OF LUBBOCK, TEXAS,and its employees,agents,contractors and assigns(collectively herein referred to as"Permitted Users"),for the use of the Permitted Users as a perpetual and permanent public underground utility easement, the free and uninterrupted use, liberty and passage in, along, on, over, upon, under and across all that property lying and being situated in the County of Lubbock,State of Texas,and being more particularly described in Exhibit"A"attached hereto and incorporated herein by reference,together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes: erecting,constructing,installing,replacing,repairing,operating,using,inspecting, reconstructing,modifying,removing and maintaining any and all public utilities(including water,wastewater,electric, telephone,gas,cable television,and electronic data transmission services),together with all lines,pipes,conduits and other equipment,improvements and appurtenances used in the supply and provision of public utilities. In order to assure the Permitted Users 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 Permitted Users, 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 Permitted Users for so long as the Permitted Users use the same for the purposes herein granted. It is further understood and agreed that this easement is executed upon the condition that upon completion of any of the water,wastewater,electric,telephone,gas,cable television, and/or electronic data transmission lines,the premises will be restored to substantially the same condition as the same were prior to such construction,without cost to GRANTOR, its heirs and assigns. Upon restoration,GRANTOR herein, it successors, heirs and assigns shall be allowed the use of the surface of the easement area for any and all purposes,save and except for the erection thereon of any permanent buildings or structures. Executed thi1 day of '. . . ,2019. 806 LAND GROUP,LLC,a Texas limited liability company By: CHA ARVER,Ma r By: JORDAN WHEATLEY,Mana Underground Utility Easement City of Lubbock page 1 of 2 STATE OF TEXAS § COUNTY OF LUBBOCK § Acknowledged before me, the undersigned notary on this ° day of '2019, by CHAD TARVER,Manager of 806 LAND GROUP, LLC,a Texas limited liability com any, in the capacity therein stated. emyc AMIE LEE GROVES5�te of T xlasID#12885617-5 t omrn.Expires 01 20-2020 NotaryPublic,State of Tek as STATE OF TEXAS § COUNTY OF LUBBOCK § Acknowledged before me,the undersigned notary on this . day of V 2019,by JORDAN WHEATLEY, Man a er of UP, LLC,a Texas limited liability company, in the capacity therein state . emycom JANIE LEE GRAVES Notary Public Stateof'I617 �1E7# 1.2885617-5 m.Expires 01-20-2020 Notary Public,State of exas LIENHOLDER CONSENT STATE OF TEXAS § § COUNTY OF LUBBOCK § That SOUTHWEST BANK, 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 of which is hereby acknowledged and confessed,being a Iienholder upon the above described property, does hereby consent and agree to the aforesaid grant, and does hereby subordinate its rights in the above described property to the above grant. IN WITNESS WHEREOF,the sal SOUTHWE T B. NK, as ca sed these presents to be signed by its duly authorized officers at Lubbock,Texas,this day of 2019. SOUTHWE ' BANK— By: ANK --By: Prince NaJ Title: STATE OF TEXAS § COUNTY OF LUBBOCK § )U"stq met wa acknowledged before me on this day of 2019, by _of SOUTHWEST BANK and?n the capacity therein stated. nY n JANIE LEE GROVES `i L�� Notary Public `k• State ofTexas Notary Public,State of xas ID#12885617-5 Underground Rthrly Comm,Expires 01 20-2020 J City of Lubbock Page 2 of 2 Exhibit"A" Metes and bounds description on a 0.41927 acre(18,263.4 sq. ft.)easement being out of that 58.96 acre tract of land described in County Clerk File Number (CCFN) 2017041499, Official Public Records of Lubbock County, Texas (OPRLCT),and out of Section 7,Block JS,Lubbock County,Texas,being further described as follows: Beginning at a point in the West line of a 20 foot underground water line easement described in CCFN:2019004342, OPRLCT,for the Southeast corner of this easement,whence a found fence post for the Northwest corner of Tract"A", Covenant Northwest Clinic, an Addition to the City of Lubbock, Lubbock County, Texas, as recorded in CCFN: 2016007621,OPRLCT,bears N88`l 1'58"W, 161.59 feet and SOI 50'37"W,3.38 feet; Thence N88°11'58"W,at 161.59 feet pass a found 1.2"iron rod with yellow cap(HRA)for the Northeast corner of that 17.895 acre tract described in CCFN:2017043170,OPRLCT,at 452.65 feet pass a found 1/2"iron rod with orange cap (AMD Engineering)for the Northeast corner of that street dedication described in CCFN: 2017041851,OPRLCT,at 512.65 feet pass a found 1/2" iron rod with orange cap(AMD Engineering)for the Northwest corner of said street dedication,continuing for a total distance of 913.17 feet to a point for the Southwest corner of this easement; Thence NO l°47'44"E,20.00 feet to a point for the Northwest corner of this easement,whence a found 1/2"iron rod with yellow cap(HRA)for the Southwest corner of said 58.96 acre tract bears N88'11'58"W,507.91 feet; Thence S88°11'58"E, 913.16 feet to a point for a corner of said 20 foot underground water line easement and for the Northeast corner of this easement, whence a set 1,2" iron rod with blue cap marked DELTA RPLS 6684 bears S01°47'44"W,55.00 feet; Thence S01°43'19"W,with a common line of said 20 foot underground water line easement,20.00 feet to the Place of Beginning. Bearings are based on the West Right of Way line of that street dedication described in CCFN: 2017041851 being previously recognized as S01°4744"W. Distances are actual surface distances.