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Home My WebLink AboutResolution - 2014-R0202 - Pipeline And Public Use Dedication Deed - Well Field Supply Line - 06/12/2014Resolution No. 2014-RO202 June 12, 2014 Item No. 6.9 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby accepts on behalf of the City of Lubbock an Pipeline and Public Use Dedication Deed as described on Exhibit "A" attached hereto and incorporated herein by reference, located in Section 15, Block JS, Lubbock, Lubbock County, Texas, for the Bailey County Well Field Supply Line Project, and related documents. Said Pipeline and Public Use Dedication Deed is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. THAT the consideration for the Pipeline and Public Use Dedication Deed shall be $845.00 and that closing costs shall also be paid in connection with the purchase of the property, said payments approved herein. Passed by the City Council on June 12,_ 2014 GLE B , MAYOR ATTEST: Reb cca Garza, City Secret APPROVED AS TO CONTENT: _ t R. Keith Smith, P.E., Director of Public Works e__ Z Dave Booher, Right -of -Way Agent APPRO D AS TO FORM: Chad Weaver. City Attorney RES.Pipeline&PUD Deed -Vinson -Parcel 23 May 16, 2014 Resolution No. 2014—RO202 PIPELINE AND PUBLIC USE DEDICATION DEED THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT Kelly Wayne Vinson and wife, Christy Dawn Vinson, with street address of 1303 North County Road 1600, Lubbock, Texas 79416 and BDAYCO, LTD., a , with street address of 6309 Indiana Avenue, Suite B, Lubbock, Texas 79413-6713, hereinafter collectively referred to as GRANTOR, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever and for the purpose of surveying, constructing , reconstructing, installing, operating, inspecting, maintaining, altering, relocating, replacing, repairing, and removing (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test stations, pipeline markers, fence gates, impressed current deep well anode stations with power supplies, flow meters, system communication lines and splice boxes, pipeline trail road on non -cultivated areas, and all other equipment and facilities related thereto, or any part thereof, for and/or related to the transportation of water, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A" (the "Real Property"). 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 purposes. BDAYCO, LTD., which currently holds a lien on the Real Property, for the consideration recited above, agrees that any lien which is held by BDAYCO, LTD., is made subordinate to and subject to this Pipeline and Public Use Dedication Deed and BDAYCO, LTD., subordinates its lien to the rights and interests granted to the City of Lubbock such that a foreclosure of the lien of BDAYCO, LTD., referenced herein shall not extinguish the rights and interests of the City of Lubbock. WITNESS MY HAND this day of 2014. GRANTOR: Kelly Wayne Vinson Christy Dawn Vinson BDAYCO, LTD., Grantor and Lienholder 1`41 , "rim' •• � . Name: Title: 4d "�) ga a e STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me Wayne Vinson and wife, Christy Dawn Vinson} THE STATE OF TEXAS COUNTY OF LUBBOCK i 2014, by Kelly P c, State of Texas Printed e of Notary My commission expires: Sh dZ/4' A61407 This in ent was acknowledged before me on lL u.�C .� , 2014, by - , on behalf of BDAY O, LTD., a Texas Limited . A No Public in and for the State of Texas WOMWANWOM My Commission Expires*,---MNRIVERE Y ftk SM of Teo MYCMIM1WM E>Ip W WZ 017 DEDICATION DEED TIFFANY PADILLA Notary PubliC, state of Texas Expires • = My Commission Exp' August 21 • 2017 THE STATE OF TEXAS COUNTY OF LUBBOCK i 2014, by Kelly P c, State of Texas Printed e of Notary My commission expires: Sh dZ/4' A61407 This in ent was acknowledged before me on lL u.�C .� , 2014, by - , on behalf of BDAY O, LTD., a Texas Limited . A No Public in and for the State of Texas WOMWANWOM My Commission Expires*,---MNRIVERE Y ftk SM of Teo MYCMIM1WM E>Ip W WZ 017 DEDICATION DEED THE STATE OF TEXAS § THE COUNTY OF LUBBOCK § That 0J.41, D12LL,duly organized and existing under the laws of the State of Texas, for and in cons' erati of the sum of TEN AND NO/100 DOLLARS ($10.00) paid in cash, and for other good and valuable consideration, the receipt of which is hereby acknowledged and confessed, being a lien holder on the property described herein, does hereby consent and agree to the foregoing Dedication and does hereby subordinate its rights in the above described property to the above dedication, as shown on the attached plat. IN WITNESS WHEREOF, the said has caused these presents to be signed by its duly authorized officer at Lubbock, k Countubbo y, Texas, on , 2014. 6�-A� Printed Name:1 This instrument was acknowledged before me on Z/ . ,IA I4, y as of and in he capa 'ty the in stated. r Notaty Public, State of Texas ANN RIVERE Notary Pu*, State of Texas My Commission E*m *&2017 DEDICATION DEED SCALE: I"=100' /14.2 ACRES MARY Q4EFAf&L VtX. /0064 PG 50 105.4159 AOWS &L E' GOMgF, L 7D. VIX. 895Q PG 84 13 v t� 5.2525 AQPES VFTRANS LAND BOARD -- [ 0% ROY CLARK VM. /0-W PG 32 V 5.2525 ACRES BDA 12'10, L TD. 10M. 86= PG /85 80.47AOTES AL4RY GR,E'EM&L VIX. 10066: PG 50 C3 Q CJS 1 5.47AO?ES TAN d DO' NA STOKES GY.1<r0127107049575 5.47AQ4ES EL VIS d BARBARA aOREAAX PM. 564P, AG. /33 O 000 POINT OF BEGINNING G 5.47AQRES JOSE GOWALEZ !.1 J"\ CO"02010006/67 5.2525 AC'i'L�S ~// 77VlWA CMEY VtX. 8252 PG. 214 Line Table Line # Direction Length Ll N880 12'24"W 30.00' L2 N010 48'58"E 200.00' L3 S880 12'24"E 30.00' L4 SOl° 48' 58"W 200.00' r-r- 5.47AO?ES ROYt d SYL NA JuWz PM. /04M Pt;. /6/ ❑ '►Z, BAILEY COUNTY WATER PIPELINE Parcel No. 23 PERIMETER SURVEY OF A 0.138 ACRE TRACT LOCATED IN SECTION 15, BLOCK JS LUBBOCK COUNTY, TEXAS Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002347 Surveyed on the ground. August ,2013 P�'L E.00� iR Allen istemed Professional Land Surveyor No. 5895 State of Texas NOTES: HEAVY LINES INDICATE PLAT LIMITS. O- SET 1/2" IRON ROD WITH CAP 0- FOUND 1/2" IRON ROD WITH CAP 0- FOUND 1/2" IRON ROD A legal description of even survey date herewith accompanies this plat of survey. NOTE: No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was made only for the purpose of determining the boundary of this property and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. Sheet 1 of 2 HUGO REED AND ASSOCIATES, INC. CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM IODGM-00 PHONE: 606 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F -76D FAX: 606 1763-3691 Copyright 2013, Hugo Reed and Associates, I= for the sole use of Title Co. BAILEY COUNTY WATER PIPELINE Parcel No. 23 PERIMETER SURVEY OF A 0.138 ACRE TRACT LOCATED IN SECTION 15, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 0.138 acre parcel located in Section 15, Block JS, Lubbock County, Texas, being a portion of 5.2625 acre tract described in Volume 8653, Pagc 185, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set (North: 7289069.87', East: 911115.62') in the common line of Sections 8 and 15, Block JS, Lubbock County, Texas, at the Northeast corner of a 5.2525 acre tract described in Volume 8252, Page 214, Official Public Records, Lubbock County, Texas, and in the West line of a 5.47 acre tract described in County Clerk File Number 2010006167, Official Public Records, Lubbock County, Texas, and at the Southeast corner of said 5.2625 acre tract, which bears N. 01'48'58" W. a distance of 2343.50 feet from a 1/2" iron rod with cap found at the common comer of Sections 3, 4, 8 and 15, Block JS, Lubbock County, Texas, for the Southeast corner of this parcel; THENCE N. 88012'24" W. along the North line of said 5.2525 acre tract and the South line of said 5.2625 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this parcel; THENCE N. 01048'58" E. a distance of 200.00 feet to a 1/2" iron rod with cap set in the North line of said 5.2625 acre tract and the South line of a 5.2525 acre tract described in Volume 10333, Page 32, Official Public Records, Lubbock County, Texas, for the Northwest comer of this parcel; THENCE S. 88012'24" E. along the common line of said 5.2625 acre tract and said 5.2525 acre tract a distance of 30.00 feet to a 1/2" iron rod with cap set at the Northeast corner of said 5.2625 acre tract and at the Southeast comer of said 5.2525 acre tract and in the West line of a 5.47 acre tract described in Volume 5642, Page 133, Real Property Records, Lubbock County, Texas, and in the said common line of Sections 8 and 15, Block JS, for the Northeast corner of this parcel; THENCE S. 01 048'58" W. along the East line of said 5.2625 acre tract and the said common line of Sections 8 and 15, Block JS, at 145.70 feet pass the Southwest corner of said 5.47 acre tract, also being the Northwest corner said 5.47 acre tract described in County Clerk File Number 2010006167, continuing for a total distance of 200.00 feet to the Point of Beginning Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances and coordinates are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002347 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground August 16, 2013 ,E, OIL Jh E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 21 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 10D076-00 PHONE: 806 l 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-700 FAX: 8061763-3891 1t 2013, Hugo Reed and Associates, Inc, for the sole use of Title Co, and anv other identifiers as indicated in the certificate shown hereon