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HomeMy WebLinkAboutResolution - 2009-R0165 - Schedule Public Hearing - Formation Of Quincy Park Public Improvement District - 04/27/2009Resolution No. 2009-RO165 April 27, 2009 Item No. 5.23 RESOLUTION WHEREAS, a petition has been received from the record owners of taxable real property representing not less than fifty percent (50%) of the appraised value of the real property liable for assessment (as determined by the most recent certified appraisal roll for Lubbock County) in the area known as Quincy Park Public Improvement District (PID) which covers a portion of an area in the City of Lubbock, Lubbock County, Texas, generally bounded by portions of 88th and 89th Street on the North, Upland Avenue on the West, 981h Street on the South, and Quincy Avenue on the East (as shown on the map in Exhibit "C"), AND the record owners of taxable real property that constitutes more than fifty percent (50%) of all taxable real property that is liable for assessment under the proposal; requesting creation of a Public Improvement District under Chapter 372 of the Texas Local Government Code; and WHEREAS, the petition, a copy of which is attached hereto as Exhibit "A", has been examined, verified, and found to meet the requirements of Section 372.005(b) of the Texas Local Government Code and to be sufficient for consideration by the City of Lubbock; and WHEREAS, the boundaries of the proposed Public Improvement District are described in the attachment designated as Exhibit `B" and shown on the map attached hereto as Exhibit "C", said area for the Quincy Park PID being within the city limits of the City of Lubbock; WHEREAS, the City of Lubbock accepts the petition and desires to schedule a public hearing to consider the formation of a Public Improvement District (PID) in this area pursuant to the Public Improvement District Assessment Act for the purpose of creating the following proposed public improvements: (i) the design, construction and maintenance of parks and greens together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, bridges, walkways, lighting, benches, trash receptacles and similar items located therein along with all necessary grading, drainage and similar infrastructure involved in the construction of such parks and greens; landscaping, hardscaping and irrigation; and (ii) payment of costs associated with developing and financing the public improvements listed in subdivision (i) including costs of establishing, administering and operating the District., all in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT a public hearing is hereby scheduled at 10:00 am, Thursday, May 28, 2009, in the City Council Chambers, 1625 13th Street, Lubbock, Texas, to receive public comment on the formation of a Quincy Park Public Improvement District in the area described in Exhibit B and as shown on the map in Exhibit C, pursuant to Chapter 372 of the Texas Local Government Code; and SECTION 2: THAT notice of said hearing shall be published in a newspaper of general circulation in the city before the 15th day prior to the hearing as required by state law; and SECTION 3: THAT written notice shall be mailed to each property owner, as reflected on the tax rolls, of property subject to assessment under the proposed public improvement district, before the 15th day prior to the date set for the hearing. Passed by the City Council this 27th day of April '2009. TOM MARTIN, MAYOR ATTEST: 7f)\"- Rebea-a Garza, City Secretary APP .J D AS TO CONTENT: Rob Alliso , ssistant City Manager Business Development Lc: city att/Linda/Res- Quincy Park PID hearinb April i, 2009 APPROVED AS TO FORM: Linda Chamales, Economic Development Attorney Exhibit "A" Resolution No. 2009-RO165 CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § CERTIFICATE OF PUBLIC RECORD I hereby certify, in the performance of the functions of my office, that one signature on the attached document has been verified and that the same constitutes record owners of taxable real property representing more than fifty percent (50%) of the appraised value of the property (as determined by the current roll of the Appraisal District) in the area known as Quincy Park, as shown on that attached map, AND owners of more than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal as required by Section 372.005(b) of the Texas Local Government Code; said documents appear of record in my office and that said documents are an official record from the public office of the City Secretary of the City of Lubbock, Lubbock County, State of Texas, and is kept in said office. I further certify that I am the City Secretary of the City of Lubbock, that I have legal custody of said record, and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office this 13th day of March, 2009. (City Seal) ebe ca Garza City Secretary City of Lubbock Lubbock County, State of Texas Resolution No. 2009-RO165 PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE IMPROVEMENTS TO QUINCY PARK RECEIVED THE STATE OF TEXAS § MAR 1 12009 § r CITY OF LUBBOCK § CITY SECRE GARY LUBBOCK TEXAS TO: THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY O . The undersigned petitioners (the "Petitioners"), acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), request that the City of Lubbock create a public improvement district (the "District") in the territory described in Exhibit A attached hereto (the "Land") within the City of Lubbock, Texas (the "City"), and in support of this petition the Petitioners would present the following: Section 1. Standing of Petitioners. In compliance with the requirements of Texas Local Government Code, Section 372.005(b), as determined by the current roll of the Lubbock Central Appraisal District, the Petitioners constitute: (i) the owners of taxable real property representing more than 50% of the appraised value of real property liable for assessment under the proposal described herein, and (ii) the record owners of taxable real property that constitutes more than 50% of the area of all taxable real property that is liable for assessment under such proposal. Section 2. General nature of the proposed construction and maintenance of the public improvements. The general nature of the proposed public improvements is: (i) the design, construction and maintenance of Parks and greens together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, irrigation, walkways, lighting, benches, trash receptacles and any similar items located therein along with all necessary grading, drainage, and similar infrastructure involved in the construction of such parks and greens; landscaping, hardscape and irrigation; and (ii) payment of costs associated with developing and financing the public improvements listed in subdivision (i) including costs of establishing, administering and operating the District. Section 3. Estimated cost of the proposed construction and maintenance of the public improvements: Construction of Improvements - $381,573.59. Annual maintenance costs - $32,000. Section 4. Boundaries. The proposed boundaries of the District are described in Exhibit A. Section 5. Method of assessment. An assessment methodology will be prepared that will address (i) how the costs of the public improvements paid for with the assessments are assessed against the property in the District, (ii) the assessments to be collected each year, and (iii) reduction of the assessments for costs savings (pursuant to the annual review of the service plan for the District). Additionally, a report will be prepared showing the special benefits accruing to property in the District and how the costs of the public improvements are assessed to LUB200/58000 Dallas 1034400_I.DOC property on the basis of the special benefits. The result will be that equal shares of the costs will be imposed on property similarly benefited. In assessing the costs of the public improvements and maintenance of the public improvements, property will be classified based on the value of the property, or upon a combination of size or type of improvement and value of property. The assessment methodology will result in each parcel paying its fair share of the costs of the public improvements provided with the assessments based on the special benefits received by the property from the public improvements and property equally situated paying equal shares of the costs of the public improvements. Section 6. Apportionment of Cost between the City and the District. The City will not be obligated to provide any funds to finance the proposed public improvements. All of the costs of the proposed public improvements will be paid by assessments of the property within the District and from other sources of funds, if any, available to the developer of the Land. Section 7. Management of the District. The City will manage the District, or, to the extent allowed by law, the City may contract with either a non-profit, or a for-profit organization to carry out all or a part of the responsibilities of managing the District, including the day-to-day management and administration of the District. Section 8. Advisory board. An advisory board may be established to develop and recommend an improvement plan to the City Council of the City (the "City Council"). The signers of this petition request the establishment of the District and this petition will be filed with the City Secretary in support of the creation of the District by the City Council as herein provided. LUB200/58000 Dallas 1034400_1.DOC [Signature on following page] -2- PETITIONERS: Real Prope y Resources c. Rick Betenbough resident of Real Property Resources, Inc. Signature Page for Petition THE STATE OF TEXAS COUNTY OF LUBBOCK On this, the 5h day of March, 2009, before me, the undersigned Notary Public, personally appeared Rick Betenbough who acknowledged that he is President of Real Property Resources, Inc., and that he, in such capacity, being duly authorized so to do, executed the foregoing petition for the purposes therein contained by signing his name in such capacity. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary 6blic Signature CINDY DEAN Notary Public, State of Texas My Commission Expires 7.16-2012 Acknowledgement Page for Petition Resolution No. 2009-RO165 EXHIBIT A DESCRIPTION OF A 177.1997 ACRE TRACT IN SECTION 27, BLOCK AK, RBST. 245 LUBBOCK COUNTY, TEXAS A 177.1997 ACRE TRACT OF LAND LOCATED IN SECTION 27, BLOCK AK, ABST. 245, LUBBOCK COUNTY, TEXAS AND BEING THAT CERTAIN 180.414 ACRE TRACT OF LAND, LESS THE RIGHT-OF-WAY DEDICATED FOR QUINCY AVENUE, DESCRIBED AND RECORDED IN VOLUME 8367, PAGE 338 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, SAID 177.1997 ACRE TRACT BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" FOUND AT THE NORTHEAST CORNER OF SAID SECTION 23, THE SOUTHEAST CORNER OF SECTION 26 AND THE SOUTHWEST CORNER OF SECTION 27 OF SAID BLOCK AK FOR THE SOUTHWEST CORNER OF THIS TRACT, HAVING COORDINATES OF NORTHING: 7,248,077.30 AND EASTING: 909,648.11, TEXAS COORDINATE SYSTEM TXNC ZONE 4202, NAD83 (CORS96), WHENCE A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET IN REFERENCE BEARS N. 460 55'59" E. A DISTANCE OF 77.69 FEET; THENCE N. 010 52'06" E., ALONG THE WEST LINE OF SAID SECTION 27, A DISTANCE OF 2984.18 FEET TO A RAILROAD SPIKE SET AT THE SOUTHWEST CORNER OF THE PLAT LIMITS OF LOTS 79 THROUGH 87, WESTWOOD, AN ADDITION IN LUBBOCK COUNTY, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 3504, PAGE 44 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY FOR THE MOST WESTERLY NORTHWEST CORNER OF THIS TRACT; THENCE S. 880 08'17" E., ALONG THE SOUTH LINE OF AN ALLEY AND SAID PLAT LIMITS OF LOTS 79 THROUGH 87, WESTWOOD, AT A DISTANCE OF 55.00 FEET PASS A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET IN THE EAST RIGHT - OF WAY LINE OF UPLAND AVENUE, CONTINUING FOR A TOTAL DISTANCE OF 369.76 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "H. R. & ASSOCS" FOUND AT A CORNER OF SAID ALLEY AND PLAT LIMITS OF LOTS 79 THROUGH 87, WESTWOOD, FOR AN ELL CORNER OF THIS TRACT; THENCE N. 01 ° 53'28" E., ALONG THE EAST LINE OF SAID ALLEY AND PLAT LIMITS OF LOTS 79 THROUGH 87, WESTWOOD, A DISTANCE OF 147.91 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 4460" FOUND AT A POINT OF INTERSECTION AND A CORNER OF THIS TRACT; THENCE N. 460 53'25" E., ALONG THE EASTERLY LINE OF SAID ALLEY AND PLAT LIMITS OF LOTS 79 THROUGH 87, WESTWOOD, A DISTANCE OF 14.14 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "H. R. & ASSOCS" FOUND AT A POINT OF INTERSECTION AND THE MOST NORTHERLY NORTHWEST CORNER OF THIS TRACT; THENCE S. 880 0635" E., ALONG THE SOUTH LINE SAID ALLEY AND PLAT LIMITS OF LOTS 79 THROUGH 87, WESTWOOD, A DISTANCE OF 1176.17 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 4460" FOUND IN THE PLAT LIMITS OF LOTS 1 THROUGH 78, WESTWOOD, AN ADDITION IN LUBBOCK COUNTY, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 1636, PAGE 624 OF THE DEED RECORDS OF LUBBOCK COUNTY AND THE WEST RIGHT-OF-WAY LINE OF ROCHESTER AVENUE, SAME BEING THE SOUTHEST CORNER OF SAID ALLEY AND PLAT LIMITS OF LOTS 79 THROUGH 87, WESTWOOD, FOR THE MOST NORTHERLY NORTHEAST CORNER OF THIS TRACT; THENCE S. 01 ° 53' 17" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF ROCHESTER AVENUE AND PLAT LIMITS OF LOTS 1 THROUGH 78, WESTWOOD, AT A DISTANCE OF 37.71 FEET PASS THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF 88TH STREET, SAME BEING THE MOST WESTERLY NORTHWEST CORNER OF THE PLAT LIMITS OF LOTS 88 THROUGH 136, WESTWOOD, AN ADDITION IN LUBBOCK COUNTY, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 4363, PAGE 176 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, CONTINUING FOR A TOTAL DISTANCE OF 267.72 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 4460" FOUND AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID PLAT LIMITS OF LOTS 88 THROUGH 136, WESTWOOD, FOR AN ELL CORNER OF THIS TRACT; THENCE S. 880 07' 11" E., ALONG THE SOUTH LINE OF AN ALLEY AND SAID PLAT LIMITS OF LOTS 88 THROUGH 136, WESTWOOD, A DISTANCE OF 501.09 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "H. R. & ASSOCS" FOUND IN THE WEST RIGHT-OF- WAY LINE OF QUITMAN AVENUE, FOR A CORNER OF THIS TRACT; THENCE S. 010 54'44" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUITMAN AVENUE AND PLAT LIMITS OF LOTS 88 THROUGH 136, WESTWOOD, A DISTANCE OF 60.13 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET AT THE SOUTH TERMINUS OF QUITMAN AVENUE AND A CORNER OF SAID PLAT LIMITS OF LOTS 88 THROUGH 136, WESTWOOD, FOR AN ELL CORNER OF THIS TRACT; THENCE S. 880 05'34" E., ALONG THE SOUTH TERMINUS OF QUITMAN AVENUE AND PLAT LIMITS OF LOTS 88 THROUGH 136, WESTWOOD, A DISTANCE OF 60.00 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET AT A POINT OF CURVATURE AND A CORNER OF THIS TRACT; THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE RIGHT AND THE EASTERLY RIGHT-OF-WAY LINE OF QUITMAN AVENUE AND PLAT LIMITS OF LOTS 88 THROUGH 136, WESTWOOD, SAID CURVE HAVING A RADIUS OF 15.00 FEET, A CHORD BEARING OF N. 460 54'26" E. AND DISTANCE OF 21.21 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET AT A POINT OF TANGENCY IN THE SOUTH RIGHT-OF-WAY LINE OF 89TH STREET FOR A CORNER OF THIS TRACT; THENCE S. 880 05'34" E., ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 89TH STREET AND PLAT LIMITS OF LOTS 88 THROUGH 136, WESTWOOD, A DISTANCE OF 425.90 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET IN THE WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND THE WEST LINE OF THE PLAT LIMITS OF LOTS 308 THROUGH 609, MONTEREY ADDITION TO THE CITY OF LUBBOCK, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 8928, PAGE 282 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S. 010 58'32" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 308 THROUGH 609, MONTEREY ADDITION AT A DISTANCE OF 651.70 FEET PASS A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 4460" FOUND AT THE SOUTHWEST CORNER OF SAID PLAT LIMITS OF LOTS 308 THROUGH 609, MONTEREY ADDITION, SAME BEING THE NORTHWEST CORNER OF THE PLAT LIMITS OF LOTS 610 THROUGH 928, MONTEREY ADDITION TO THE CITY OF LUBBOCK, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 9959, PAGE 335 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, CONTINUING FOR A TOTAL DISTANCE OF 1144.54 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET AT A POINT OF INTERSECTION AND A CORNER OF THIS TRACT; THENCE S. 460 53'55" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 610 THROUGH 928, MONTEREY ADDITION, A DISTANCE OF 21.24 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET AT A POINT OF INTERSECTION AND A CORNER OF THIS TRACT; THENCE S. 010 58'32" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 610 THROUGH 928, MONTEREY ADDITION, A DISTANCE OF 120.00 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET AT A POINT OF INTERSECTION AND A CORNER OF THIS TRACT; THENCE S. 430 06'05" E., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 610 THROUGH 928, MONTEREY ADDITION, A DISTANCE OF 21.18 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET AT A POINT OF INTERSECTION AND A CORNER OF THIS TRACT; THENCE S. 010 58'32" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 610 THROUGH 928, MONTEREY ADDITION, A DISTANCE OF 852.88 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET AT A POINT OF INTERSECTION AND A CORNER OF THIS TRACT; THENCE S. 460 53'55" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 610 THROUGH 928, MONTEREY ADDITION, A DISTANCE OF 21.24 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET AT A POINT OF INTERSECTION AND A CORNER OF THIS TRACT; THENCE S. 010 58'32" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 610 THROUGH 928, MONTEREY ADDITION, A DISTANCE OF 56.00 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET AT A POINT OF INTERSECTION AND A CORNER OF THIS TRACT; THENCE S. 430 0605" E., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 610 THROUGH 928, MONTEREY ADDITION, A DISTANCE OF 21.18 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 4460" FOUND AT A POINT OF INTERSECTION AND A CORNER OF THIS TRACT; THENCE S. 880 10'42" E., ALONG THE SOUTH TERMINUS OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 610 THROUGH 928, MONTEREY ADDITION, A DISTANCE OF 60.00 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET IN THE WEST LINE OF THAT CERTAIN 319.845 TRACT OF LAND DESCRIBED AND RECORDED IN VOLUME 7451, PAGE 120 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY FOR A CORNER OF THIS TRACT; THENCE S. 010 58'32" W., ALONG THE WEST LINE OF SAID 319.845 ACRE TRACT AT A DISTANCE OF 545.91 PASS A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET IN REFERENCE, CONTINUING FOR A TOTAL DISTANCE OF 600.91 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET IN THE SOUTH LINE OF SAID SECTION 27 FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE N. 880 00'08" W., ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF 2612.56 FEET TO THE POINT OF BEGINNING. BEARINGS OF THIS SURVEY ARE RELATIVE TO THE TEXAS COORDINATE SYSTEM, TXNC ZONE 4202, NAD83 (CORS96). CONVERGENCE ANGLE = -01'58'32". DISTANCES ARE ACTUAL SURFACE DISTANCES. Exhibit "B" Resolution No. 2009-RO165 DESCRIPTION OF A 177.1997 ACRE TRACT IN SECTION 27, BLOCK AK, ABST. 245 LUBBOCK COUNTY, TEXAS A 177.1997 ACRE TRACT OF LAND LOCATED IN SF,Cl'ION 27, BLOCK AK, RBST. 245, LUBBOCK COUNTY, TEXAS AND BEING THAT CERTAIN 180.414 ACRF. TBLACT Of,' LAND, LI?SS THE RIGHT-OF-WAY D1?O1CA'I'ED FOR QUINCY AVENUE, DESCRIBED AND RFCORDED IN VOLUME 8367, PAGE 338 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, SAID 177.1997 ACRE TRACT BEING FUR'T'HFR DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD WITH A CAP STAMPED "STFVENS RPLS 4339" FOUND AT THE NORTHEAST CORNER OF SAID SECTION 23, THE SOUTHEAST CORNER OF SECTION 26 AND THE SOUTHWEST CORNER OF SECTION 27 OF SKID BLOCK AK FOR THE SOUTHWEST CORNER OF THIS TRACT, IIAVING COORDINATES OF NORTHING: 7,248,077.30 AND FASTING: 909,648.11, TEXAS COORDINATE SYSTEM TXNC ZONF 4202, NAD83 (CORS96), WHENCE ,A 1/2" IRON ROD WITH A CAP S'TA IPFD "STEVENS RPLS 4339" SET IN REFERF.NCF. BEARS N. 46° 55'59" E. A DISTANCE OF 77.69 FEET'; THl?NCE N. 010 52' 06" E., ALONG THF WEST LINT? OF SAID SECTION 27, A DIS'TANCF. OF 2984.18 FEE'I' TO A RAILROAD SPIKF? SET AT TIIE SOUTHWF;ST CORNER OFTHE PLATLIMITS OF LOTS 79'T'HROUGII 87, WF.STWOOD, AN ADDI'T'ION IN LUBBOCK COUN'T'Y, ACCORDING TOTHE MAY, PLAT AND/OR DEDICATION DEF,D "THEREOF RECORDF,D IN VOLUME, 3504, PAGE 44 OF THF. REAL PROPERI'Y RECORDS OF LUBBOCK COUNTY FOR THE MOST WESTERLY NOWFIIWFIST CORNER OFTHIS TRACT; THENCE S. 880 08'17" E., ALONG TIIE SOUTH LINE OF AN ALLEY AND SAID PLAT LIMITS OF LOTS 79 "TIIROUGH 87, WESTWOOD, AT A DISl'ANCF. OF 55.00 FEF?T PASS A 1/2" IRON ROD WITH A CAP S'T'AMPED "S"lVT;NS RPLS SET SE IN THE EAST RIGHT -OF WAY LINE' OF UPLAND AVENUE, CONTINUING FORA TOTAL DISTANCE: OF 369.76 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "II. R. & ASSOCS" FOUND ATA CORNER OF SAID ALLEY AND PLA'I' LIMITS OF LOTS 79 TIFROUGH 87, WESTWOOD, FOR AN FLI. CORNER OF THIS TRACT; THENCE N. 01' 53'28" F., ALONG THE' EASTLINK; OF SAID ALLEY AND PLAT LIMITS OF LO'T'S 79 THROUGH 87, WESl'WOOD, A DISTANCE OF 147.91 FEET TO A 1/2" IRON ROD WITH A CAP ST'AMPE'D "RPLS 4460" FOUND ATA POINT OF INTERSECTION AND A CORNER OF THIS TRACT; THENCE N. 46° 53'25" E., ALONG "TIIE EASTERLY LINE OF SAID ALLEY AND PLATLIMITS OF LO'T'S 79 THROUGH 87, WF:STWOOD, A DISIANCF, OF 14.14 FF :T TO A 1/2" IRON ROD WITH A Cell' STAMPED "H. R. & ASSOCS" FOUND AT A POINT OF IN'T'I?RSF:C'l'ION ,1ND 'I'I II'NIOS'I' NOR'I'H1?RI,Y NOR'I'HWIsST CORNFiR OF THIS 'T'RACT; TIIF;NCE S. 880 06' 35" E., ALONG THE SOUTH LINE SAID ALLF,Y AND PLAT LIMTI'S OF LOTS 79 THROUGH 87, WESTWOOD, A DISTANCF, OF 1176.17 FEET TOA 1/2" IRON ROD WITII A CAP STAMPED "RPLS 4460" FOUND IN THE PLATLIMITS OF LOTS 1 'THROUGII 78, WI?S'IAX1OOD, AN ADDITION IN LUBBOCK COUNTY, ACCORDING TO THE M11P, PIAT AND/OR DEDICATION DFE:D THEREOF RF,CORDF.D IN VOLUME 1636, PAGE 624 OF THF DEED RECORDS OF LUBBOCK COUNTY AND THE WEST' RIGHT-OF-WAY LINT' OF ROCHESTER AVENUE, SAME; BEING THE SOUTHEST' CORNER OF SAID ALLEY AND PLAT' LIMITS OF LO'T'S 79 TI IROUGH 87, WES WOOD, FOR'T'I IE MOST NOR'I'HERI,Y NORTFIEAST CORNER OF TIIIS'T'RACT; THENCE S. 010 53'17" W., ALONG SAID WESTRIGHT-OF-WAY LINT: OF ROCHF'ST'ER AVENUE AND PLAT LIMITS OF LOTS 1 THROUGII 78, WESTWOOD, AT A DISTANCE, OF 37.71 FEET PASS TIIE INTFRSECTION OF THE SOUTH RIGHT- OF-WAY LINE OF88TH ST'REFT, SAME BEING THE MOST WESTERLY NORTHWESTCORNER OF THE PLAT LIMITS OF LOTS 88 THROUGII 136, WES'I'WOOD, AN ADDITION IN LUBBOCK COUNTY, ACCORDING TO THI? NL\P, PLAT AND/OR DEDICATION DEF,D TIIEREOF RECORDED IN VOLUME. 4363, PAGE? 176 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, CONTINUING FOR A 'TOTAL DISTANCE OF 267.72 FEET TO A 1/2" IRON ROD WITH A CAP STAbIPF.D "RPLS 4460" FOUND AT TIIE MOSTWESTERLY SOUTI IWESTCORNER OF SAID PLAT LIMITS OF LO'T'S 88'TIIROUG11136, WFS'T'WOOD, FOR AN ELI. CORNER OF THIS TRACT; THENCE S. 880 07' 11" F., ALONG TIIE SOUTI I LINE OF AN ALLEY AND SAID PLAT LIMITS OF LOTS 88 THROUGH 136, WFSI'WOOD, A DISTANCE OF 501.09 FEETTOA 1/2" IRON ROD WITII A CAP STAMPED "H. R. & ASSOCS" FOUND IN THE WEST RIGHT-OF-WAY LINE? OF QUITNLIN AVENUE, FORA CORNER OF TI IIS TRACT; Exhibit "B" THENCE S. 01° 54'44" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUI1'MAN AVENUE'AND PLAT LIMITS OF LO"1'S 88 THROUGH 136, WESTWOOD, A DISTANCE OF 60.13 FF,FA' l'O A 1/2" IRON ROD WITH A CAP STAMPED "STF'VENS RPLS 4339" SET AT THF SOU'1'I I TERMINUS OF QUITMAN AVENUE ANDA CORNER OF SAID PLAT LIMIT'S OF LOTS 88 THROUGH 136, WESIWOOD, FOR AN EI,I, CORNER OF "1'IIIS'I'RA(''I'; "THENCE S. 880 05' 34" F,., ALONG THE SOU'T'H TERMINUS OF QUITMAN AVENUI? AND PLAT LIMITS OF LOTS 88 THROUGH 136, WESTWOOD, A DISTANCE OF 60.00 FEET TOA 1/2" IRON ROD WITH A CAP STAMPED "STL;VBNS RPLS 4339" SF F AT A POINT OF CURVATURE ANDA CORNER OF THIS TRACT; THENCE NORTHERS"TERI,Y, ALONG SAID CURVF TOTHE RIGHT AND TILE F,ASTERLY RIGHT-OF-WAY LINE OF QUITMAN AVENUE AND PLAT LIMITS OF LOTS 88'TIIROUGH 136, WESTWOOD, SAID CURVE HAVING A RADIUS 01; 15.00 FEET, A CHORD BEARING OF N. 46° 54'26" E. AND DISTANCE, OF 21.21 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "S1'F,VENS RPLS 4339" SF F AT A POINT OF TANGENCY IN THE SOUTH RIGHT-OF-WAY LINE OF 89TH STREET FORA CORNER OF THIS TRACT; THENCE S. 88° 05'34" E., ALONG SAID SOUTH RIGHT-OF-WAY LINE OF89T11 STREET AND PLAT LIMITS OF LOTS 88 THROUGH 136, WI,'STWOOD, A DISTANCE OF 425.90 FLET TOA 1/2" IRON ROD WITH A CAP Sl'AMPI?D "S"I'EVI:NS RPLS 4339" SET IN THE WESTRIGHT-OF-WAY LINT? OF QUINCY AVENUE AND THE WEST LINE OF THE PLAT LIMITS OF LOTS 308 THROUGH 609, MONTEREY ADDITION TO THE CITY OF LUBBOCK, ACCORDING TO TIIF? MAP, PLAT .AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 8928, PAGE 282 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, FORTHE NORTHEASTCORNER OF "I'IIIS TRACT; THENCE S. 010 58'32" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 308 THROUGH 609, MONTFRF,Y ADDITION ATA DISTANCE, OF 651.70 FEIF,T PUSS A 1/2" IRON ROD WITH A CAP SI'AMPFD "RPLS 4460" FOUND AT TIIE SOUTHWT;ST CORNER OF SAID PLA'1' LIMITS OF LOTS 308 THROUGH 609, MONTF,RI,Y ADDITION, SAME BEING THE NORTHWEST CORNER OF THE PLAT LIMITS OF LOTS 610 THROUGH 928, MON"1'ERT;Y ADDI"I'ION TO "THE CITY OF LUBBOCK, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEF,D THEREOF RF:CORDFI) IN VOLUMF? 9959, PAGE, 335 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, CONTINUING FORA TOTAL DISTANCE OF 1144.54 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RP] S 4339" SE"T ,A"1 :A POIN"T OI� INT'ERSECTION AND A CORN FIR OF TIIIS TRACT; TI IENCE S. 46° 53'55" W., ALONG SAID WESTRIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMIT'S OF LOTS 610 THROUGH 928, MON"FI?RI?Y ADDITION, A DISTANCE OF 21.24 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SE F AT A POIN'T 01� INTERSECI'ION AND ,A CORNER OF TIIIS TRACT; TIIENCF' S. 010 58'32" W., ALONG SAID WESTRIGHT-OF-WAY LINE,, OF QUINCY .AVENUE .AND PLAT LIMITS OF LOTS 610'1'f IROUGH 928, MONTEREY ADDITION, A DISTANCE OF 120.00 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "ST'FAT"NS RPLS 4339" SET A T .A POINT OF INTI?RSF,CTION ,ANDA CORNER OF THIS 'TRACT; THENCE S. 430 06'05" E., ALONG SAID WT ST RIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLATLIMITS 01; LOTS 610 THROUGH 928, MONTEREY ADDITION, A DISTANCE OF 21.18 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STF,VENS RPLS 4339" SET ,ATA POINTOF INl'ERSECTION _ANDA CORNER OF THIS TRACT; THENCE S. 010 58'32" W., ALONG SAID WFS1' RIGHT-OF-WAY LINE OF' QUINCY AVENUE .AND PLAT LIMITS 01' LOTS 610 THROUGH 928, MONTEREY .ADDITION, A DISTANCE OF 852.88 FEET TO A 1/2" IRON ROD WITII A CAP STAMPED "STEVENS RPLS 4339" STS 1' ATA POINT OF INI'F,RSECTION ,AND A CORNER OF TIIIS TRACT; THENCE S. 46° 53'55" W., ,ALONG SAID WF,S TRIGHT-OF-WAY LINE OF QUINCY AVENUE AND PLAT LIMITS OF LOTS 610 TFIROUGI1928, MONTEREY ,ADDITION, A DISTANCE OF 21.24 DEET TO A 1/2" IRON ROD WITH A CTAP STAMPED "STEVENS RPLS 4339" SET AT A POINT OF INTI?RSECl'ION .AND .A CORNER OF THIS TRACT; THENCE S. 010 58'32" W., ALONG; SAID WEST RIGHT-OF-WAY LINE OF QUINCY AVENUE .AND PIAT LIMITS OF LOTS 610 THROUGH 928, MONTEREY,\DDI"1'ION, A DISTANCE OF 56.00 FIFTY TO A 1/2" IRON ROD WITII A CAP STAMPED "STEVENS RPLS 4339" SF� T AT A POINT OF INT'IsRSF:CTION ANDA CORNER OF THIS TRACT; THF,NCF? S. 430 06'05" E., ALONG SAID WESTRIGHT-OF-WAY I,INE Ol� QUINCY AVENUE .AND PLAT LIMITS OF LOTS 610 THROUGH 928, MONTF,REY ADDITION, A DISTANCE OF 21.18 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 4460" FOUND ATA POINT OF INTERSECTION ,AND A CORNER OFTHIS TRACT; THENCE S. 880 10'42" E., ALONG TIIE SOUTH TERMINUS OF QUINCY ,AVENUE AND PIAT LIMIT'S 01, LO'T'S 610 THROUGH 928, MONTEREY ADDITION, A DISTANCE OF 60.00 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SF F IN THE WEST LINE OF THAT CERTAIN 319.845 TRACT OF LAND DESCRIBED ,AND Exhibit "B" RECORDED IN VOLUMF, 7451, PAGF 120 OF TITF OFFICIAL, PUBLIC RECORDS OF LUBBOCK COUNTY FORA CORNER OF TI IIS 'TIL�CT; THENCE S. 01. 58'32" W., ALONG TIIE WEST LINE OF SAID 319.845 ACRI,. TR.1CT ATA DISTANCE OF 545.91 PASS A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET IN REFERENCE, CONTINUING FOR A 'TOTAL DISTANCE, OE 600.91 FEF,'T TO A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SETT IN 'PHI? SOUTH LINE OF SAID SECTION 27 NOK TI IF SOUTHEAST CORNER OF THIS TRACT; THENCE. N. 880 00'08" W., ALONG 'THE SOUTH LINK OF SAID SECTION 27, A DISTANCE OF 2612.56 FEET TO THE POINT OF BEGINNING. BEARINGS OF THIS SURVFY ARI? COORDINATE, SYSTEM, TXNC ZONE 4202, NAD83 (CORS96). CONVI?RGINCR ANGLE = -01. 58'32". DISTANCI?S ARI: ACTUA], SURFACE DISTANCES. I, NORRIS STEVF;NS, RFGISTFRHD PROFESSIONAL LAND SURVFYOR, DO HF,RF,BY CERTIFY TUAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE? PROPI?RTY AND THAT THE INFORMATION HEREON REPRESENTS TIIE FINDINGS OF THIS SURVI,"Y TO THF, BEST OF MY KNOWI,I?DGI? AND BELIFF. SURVEYED OCTOBER 5 AND DECEMBER 28, 2007 NORRIS STEVENS R.P.L.S. 4339 SURVEYOR'S REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS 'I'I IXI' NL1Y BE DISCLOSED BY A FULL AND ACCURATE TITLE STARCH. FOUND MONUMENTS ARF; ACCF:P'TED AS CONTROLLING EVIDENCE DUE TO SUBSI'ANTIA1, AGRI:F,MI?NT WI"1'II RECORD DOCUMENTS. 071006. S910'H-600Z 'ON uOlInTosag "D" j!q!gx:l