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HomeMy WebLinkAboutResolution - 2009-R0219 - Create Quincy Park Improvement District - 05/28/2009Resolution No. 2009-RO219 File and Return to May 28, 2009 Dave Booher R.O.W. Item No. 6.8 City of Lubbock RESOLUTION WHEREAS, a petition has been received from the record owners of taxable real property representing more than 50 percent of the appraised value (as determined by the most recent certified appraisal roll of the Lubbock Central Appraisal District) of an area within the City of Lubbock generally bounded by portions of 88th and 89th Street on the north, Upland Avenue on the west, 98th Street on the south and Quincy Avenue on the east, AND owners of not less than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal; requesting establishment of a Quincy Park Public Improvement District under Chapter 372 of the Texas Local Government Code for the purpose of designing, constructing and maintaining 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; including costs of establishing, administering and operating the District; and WHEREAS, the petition, a copy of which has been attached as Exhibit "1," was examined, verified, found to meet the requirements of Section 372.005(b) of the Texas Local Government Code, and accepted by the City Council of the City of Lubbock, Texas (the "City"); and WHEREAS, the boundaries of the proposed Quincy Park Public Improvement District within the city limits of the City of Lubbock are described in the attachment designated as Exhibit "2" and shown on the map attached hereto as Exhibit "3"; and WHEREAS, the City has called a public hearing to hear public comments on the advisability of the proposed public improvement district and its benefits to the City and to the property within the boundaries of the proposed public improvement district; and WHEREAS, notice of such public hearing was published in the Lubbock Avalanche -Journal, a daily paper of general circulation in the City, such publication date being before the 15th day before the date of the public hearing stating the time and place of the hearing, the general nature of the services, the estimated cost of the services, the proposed boundaries of the proposed Quincy Park Public Improvement District, the method of assessment, and the apportionment of cost between the improvement district and the city as a whole; and WHEREAS, written notice containing the information in the published notice was mailed before the 15th day before the date of the hearing to the current addresses of the owners, as reflected on the tax rolls, of property subject to assessment under the proposed public improvement district; and Quincy Park PID Establishment M w m N M r WHEREAS, such hearing was convened at the time and place mentioned in the published notice, on the 28th day of May, 2009, at 10:00 o'clock a.m., in the Council Chambers of the City of Lubbock, Texas; and WHEREAS, the City, at such hearing, invited any interest person, or his/her representative, to appear and speak for or against the authorization of the Quincy Park Public Improvement District, the boundaries of the proposed public improvement district, whether all or a part of the territory which is described in Exhibit "2" attached hereto and depicted on the map attached hereto as Exhibit "Y' should be included in such proposed Quincy Park Public Improvement District, the advisability of the proposed improvements, the nature of the improvements, the estimated costs of the improvements; the method of assessment, and the apportionment of costs between the district and the city as a whole; and WHEREAS, all owners of property located with the proposed Quincy Park Public Improvement District and all other taxing units and other interested persons were given a reasonable opportunity at such public hearing to protest the authorization of the Quincy Park Public Improvement District and/or the inclusion of their property in such District; and WHEREAS, the proponents of the Quincy Park Public Improvement District offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the Quincy Park Public Improvement District, and opponents of the Quincy Park Public Improvement District were given the opportunity to appear to contest authorization of the district, after which the hearing was closed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2: That the City Council, after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: (a) That the public hearing on the advisability of authorizing the Quincy Park Public Improvement District has been properly called, held and conducted and that notice of such hearing has been published and mailed as required by law and delivered to the current address of the owners of property subject to assessment under the proposed public improvement district. (b) That authorization of the proposed Quincy Park Public Improvement District with boundaries as described in Exhibits "2" and "Y' for the purpose of designing, constructing and maintaining Parks and greens together with any ancillary structures, features or amenities such as Quincy Park PID Establishment 2 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; including costs of establishing, administering and operating the District is advisable and will result in benefits to the City, its residents and property owners in the Quincy Park Public Improvement District. (c) That the total estimated cost of services and improvements proposed to be provided by the District is approximately $93,140.00 over the next five (5) years, and that the estimated annual cost rises from $15,000 in the year three to $39,140 in year five (5). Services anticipated are maintenance of 93`d Street median and entrances; maintenance of the park at 91" Street and Quitna; electric cost for lighting; and developer reimbursement for the cost of construction of said median and park. (d) That the costs are based on a proposed assessment rate of $.15 per $100.00 of valuation through year 2017, decreasing to $0.07 per $100.00 of valuation in 2018. (e) That as to apportionment of cost between the proposed District and the City, all costs for proposed improvements will be paid by the District through assessments. SECTION 3: That the City hereby authorizes under Sections 372.006, 372.010, and 372.041 of the Act, a public improvement district over the area described in Exhibit 2 attached hereto and depicted in the map attached hereto as Exhibit 3 and such public improvement district shall hereafter be identified as the Quincy Park Public Improvement District, City of Lubbock, Texas. SECTION 4: That the City Council shall be the governing board for the Quincy Park Public Improvement District. The City Council may appoint an Advisory Board for management of the District in the future. SECTION 5: That the notice of this authorization for the Quincy Park Public Improvement District shall be published in a newspaper of general circulation in the city. SECTION 6: That if any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Quincy Park PID Establishment 3 Passed by the City Council this 28th day of May , 2009. TOM M TRA IN, MAYOR ATTEST: Rebecc Garza, City Secretary APPROVED AS TO CONTENT: Rob ison, Assist@ulit City Manager Development Services APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney aslcityatt/Linda/Quincy Park PID Establishment May 14, 2009 Quincy Park PID Establishment 4 Exhibit "I" Resolution No. 2009-R0219 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) Rebegca Garza City Secretary City of Lubbock Lubbock County, State of Texas Resolution No. 2009-RO219 PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE IMPROVEMENTS TO QUINCY PARK THE STATE OF TEXAS CITY OF LUBBOCK TO: THE HONORABLE MAYOR AND CITY COUNCIL OF THE RECEIVED MAR 112009 CITY SECRE GARY LUBBOCK, TEXAS 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_1.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. Anportionment 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 Propey Resources c. Rick Betenbough resident of Real Property Resources, Inc. Signature Page for Petition THE STATE OF TEXAS COUNTY OF LUBBOCK On this, the 50' 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 blic Signature CINDY DEAN Eotary Pubbc, State of fewommission Expires 7.16-2012 Acknowledgement Page for Petition Resolution No. 2009-RO219 EXHIBIT A 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 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. 01° 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. 010 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 06'35" 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. 01 ° 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 = -010 58'32". DISTANCES ARE ACTUAL SURFACE DISTANCES. Exhibit A IS? main Lu Exhibit"2" Resolution No. 2009-RO219 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, RBST. 245, LUBBOCK COUNTY,'TI:XAS AND BEING THAT CERTAIN 180.414 ACRD TRACT OF LAND, LESS TI -117 R1G1-IT-OF-WAY DEDICATED FOR QUINCY AVENUE, DESCRIBED AND RECORDED IN VOLUMF' 8367, PAGE 338 OF THE OFFICIAL PUBLIC RECORDS 017 LUBBOCK COUNTY, SAID 177.1997 ACRE T1tACT BEING FURT'I-11:sR DE'SCRIBE'D BY ',\II TES AND BOUNDS AS FOLIO WS: BEGINNING AT A 1/2" IRON ROD WITH A CAP S'1'A1\11'I D "S 1,'\'ENS RPLS 4339" FOUND ATT'1-II_. NORTHEAST CORNER OF SAID SI?C'1'ION 23, THE' SOUTIIEASI' CORNI?R 01, SECTION 26 AND THF, SOU1'1-IWI_`S1' CORNER OF SECTION 27 OF SAID BLOCK AK FOR 'TIIE SOUTI IWI?ST CORNER OF THIS "TRACT, I IAvING COORDINATES Oh NORTHING: 7,248,077.30 AND BASTING: 909,648.11,1'7.XAS COORDINATE SYST'E'M T:XNC /_ON13 4202, NAD83 (CORS96), WHENCE A 1/2" 1RON ROD WITH A CAP STAMPED "S l_,1'VENS RPLS 4339" SIS 1' IN REFERENCE. BI -ARS N. 46° 55' 59" E. A DISTANCE OF 77.69 FLET; Tl -ll, --NCI--- N. 010 52' 06" E., ALONG THE, WEST LINE OF SAID SECTION 27, A DISTANCE. OF 2984.18 FEET '1'O A RAILROAD SPIKE SI%1' A'1' '1'111 SOUT'HWES'T CORNER Ol '1'1113 PLA"1' l..l \11'1'S OF LOTS 79 T1IROUGI I 87, WES'1 WOOD, AN ADDITION IN LUBBOCK COUNTY, ACCORDING TO TI IE ;\-IAP, PIAT AND/OR DEDICATION DEI3D TI-IEREOF RI -,.CORDED IN VOLUPME, 3504, PAGE 44 OF TI -IE R13Al., PROPI3R"lY RECORDS OF I..UBBOCK COUNTY FOR T'1 -I13 MOST WI?STERLY NORT'I IWESI' CORNER OF TI IIS'IRACT; THENCE S. 880 08'17" 13., ALONG '1 HE SOUTH LINE OF AN ALLEY AND SAID PLAT 1. .NUT'S OF LOTS 79 THROUGH 87, WESI'WOOD, AT A DISTANCE OF 55.00 FEET PASS A 1/2" IRON ROD WITH A CAP S'T'A1\IPED "STEM?.NS RPLS 4339" SET IN THE EASTRIGHT-01, WAY LINE OF UPLAND A\'F.NU13, CONTINUING FOR A TOTAL DISTANCE OF 369.76 1;131 T TO A 1/2" IRON ROD WITH A CAI' STAMPED "11. It. & ASSOCS" FOUND ATA CORNER OF SAID ALLEY AND PLAT LIMITS OF LOTS 79 THROUGH 87, WT3STWOOD, FOR AN Gl. L CORNER 01"T'llIS TRACT; THENCE N. 010 53'28" E., ALONG THE EAST LIN I!" OF SAID ALLEY AND PLATIAMITS OF LOTS 79 THROUGH 87, WESI'WOOD, A DISTANCE OF 147.91 FEET T'O A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 4460" FOUND AT A POINT OF INTERSECTION AND A CORNI3R OF THIS T'ItAC'T; THENCE N. 460 53'25" F., .\LONG T'1 IF: VAST E.RLY LINE OF SAID AI..L.13Y AND PLAT LIMITS OF LOTS 79 THROUGH 87, WESTWOOD, A DIST:\NCI? OF 14.14 FF FT TOA 1/2" IRON ROD WITH A CAP Sl'AMPF.D 'TI. It. & ASSOCS" FOUND ATA POINT OF INTFIRSECI'ION ,\ND TI Ili', ;MOST NORTI I131tL.Y NOI2T'I IWBS1' CORNER OF T'1 -IIS TRACT; THENCE S. 880 06' 35" 1:.., ALONG TI II? 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 WIT'1-I A CAP STAMPED "RPLS 4460" FOUND IN TI IF PLAT LIMITS OF LOTS 1 THROUGH 78, WF.STWOOD, AN ADDITION IN LUBBOCK COUNTY, ACCORDING TO THE MAP, PLAT .\ND/OR DEDICATION DEED TI-1131t130F RE'CORDE'D IN VOLUI\113 1636, PAGE 624 OF '1'IIE DI?ED RECORDS OP LUBBOCK COUNTY AND TI IE WEST RIGIIT-OF-WAY LINE 01, ROCHESTER AVENUE, SAM17 BEING TI IE SOUTFIEST CORNI3R 01, SAID ALLEY .\ND PLATLIMIT'S O1_ -'LOTS 79 T'I IROUGI 187, WES'TWOOD, FORTI IE MOST NORTI II:RLY NORT'I IEASI' CORNER OF,I'l IIS TRACT; TIIENCE S. 010 53'17" W., ALONG SAID WI3ST RIGIIT-OF-WAY L.INF. OI' ROCI I13S'1'13R AVENUE AND PLAT LIMITS OF LOTS 1 TI IROUGI 178, WIST'WOOD, ,\TA DISI'.\NCP. 01--'37.71 FEETPASS T'I-IE. IN'TE'RSE'CT'ION OF TI IE SOUT'1l RIGI IT - OF -WAY LINE: OF 88111 STR13ET, SAME, BEING TI -I13 MOST WI'ST1 RI -Y NORTHWEST CORNER OF TI IE PLAT LIMITS OF LOTS 88 THROUGH 136, WESTWOOD, AN ADDITION IN LUBBOCK COUNTY, ACCORDING TO TIIF' MAI), PLAT AND/Olt DEDICATION DEED THEREOF RECORDED IN VOLUME 4363, PAGE 176 OF THV RI?.\L PROPERTY RECORDS OF LUBBOCK COUNTY, CONTINUING FOR A TOTAL DISTANCE 01. 267.72 FF :T' TO ,\ 1/2' IRON ROD WITI-I A CAP STAMPED "RPLS 4460" FOUND ATTI IF. MOST WES'1 FILLY SOUTI WlY 'ST CORM?R 01, SAID PLAT LIMITS TITS OF LOTS 88 THROUGH 136, WESTWOOD, FOR .\N I'LL CORNER OF TI IIS T'ItACI; THENCE S. 880 07'11" E., .\LONG TI IE SOUT'I I LINE: OF .\N ALLFY .\ND SAID PL.VF LIMITS OF LOTS 88 TI IROUGH 136, W13S1'WOOD, A DISTANCE OF 501.09 FEET TO A 1/2" IRON ROD WITI I ,\ C,\P STAMPED "11. R. & ASSOCS" FOUND IN THE WEST RIGHT-OF-WAY EINE OF QUIT'MAN AVFNUI?, FOR .\ CORNI3R 01� TI IIS'17tAC1; Exhibit "2" THENCE S. 010 54' 44" W., ALONG SAID \VESTR1G1-IT-OF-WAY LINE" OF QUITNIAN t\\'ENUI_. AND PLAT LIMITS OF LOTS 88 THROUGH 136, WE'SI'WOOD, A DISTANCE 01, 60.13 I EFT' TO A 1/2" IRON ROD WITH A CAP S'1ANNIPED "STEVENS RPLS 4339" SRT AT THE SO0'T'1-I TERMINUS OF QUITAIAN AVENUI' AND A CORNI3R OF SAID PLAT L INlITS OF LOTS 88 THROUGH 136, WES'T'WOOD, FOR AN FI.L CORNL?R OF TI11S TRACT; THENCE S. 880 05'34" E., ALONG T'1 -IE SO0'1'1-1 T13R1\IINUS OF QUI'1'I\L.\N .\VI;NUfi AND PL.\T LI\I['T'S OF I..O'1'S 88 THROUGH 136, WES'1\VOOD, A DISTANCE OF 60.00 17E1 T"T'O A 1/2" IRON ROD WITII A C.\P ST',ANIPI?D "STI-VBNS RPLS 4339" SET ATA POINT OF CURVATURE AND A CORNER OF TI IIS'T'RACT; THENCE NOR'T'l-IEASTERLY, ALONG SAID CURVE TO THE RIGI-1'T' .\ND THE I-.\S'TERI..Y RIG11'T'-0F-WAY LINE OF QUITMAN AVENUE AND PLAT LIMITS 017 LOTS 88THROUGH 136, WIiS'TWOOD, S.\ID CURVE I LAVING A RADIUS OF 15.00 FEET, A CHORD BEARING OF N. 46° 54'26" 17--. AND DISTANCE.. 01; 21.21 I;I:F:TTOA 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SEI'AT A POINT OF TANGENCY IN 'T'IIF. SOUTH RIGHT -017 -WAY LINK OF 89111 STREET FOR A CORNER 01--"1:1-11S TRACT; THENCE S. 880 05'34" 1:., .\LONG SAID SOUTH RIGI IT -OF -WAY LINE OF 89111 S'T'RIiHf AND PLATIJIMI 'S OF LOTS 88 THROUGH 136, WEST'\VOOD, A DISTANCE OF 425.90 FI-E'T TO A 1/2" IRON ROD WATTI A CAP ST'.\MPP.D "STEVENS RPLS 4339" SET IN '1'1 -IE WEST RIGH T -017 -WAY LIN1:: 017 QUINCY AVENUE .\ND '1'l IE WESTLINE OF'T'I IE PLAT LINlI T'S OF LOTS 308 '1 HROUGI 1609, MONTEREY ADDITION TO T'l IE CITY 01, LUBBOCK,ACCORDING TO TI IE MAP, PLAT AND/OR DEDICA'T'ION DEED THEREOF RECORDED IN VOLUME 8928, PAGE: 282 OF THE. OFFICIAL. PUBLIC RECORDS OF LUBBOCK COUNTY, 1708 TI -11- NOI2T1-113AS'1' C012NI-It OF'1'I IIS'1RAC1; THENCE S. 010 58' 32" W., ALONG SAID WEST RIG II T' -OF -WAY LINE OF QUINCY AVENUE AND PL.A'T' LIMITS OF LOTS 308 THROUGH 609, MONTEREY ADDI'T'ION ATA DISTANCE OF 651.70 FET_:1' PASS A 1/2" IRON ROD WI'1'11 A CAP STAMPED "RPLS 4460" FOUND AT THE SOUTHWF,ST CORNER OF SAID PLAT L.IMIT'S 017 LOTS 308 THROUGH 609, MONTTEREY ADDITION, SAATE BEING TI -11- NORTI-IWI?S"T CORNER OF TI IE PLAT LIMITS OF LO'T'S 610 TI-IROUGI-I 928, MONTEREY ADDITIONTO TI -IE CITY OF LUBBOCK, ACCORDING '1'O '1'1 IE INMP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 9959, PAGE 335 OF THE OFFICIAL PUBLIC RECORDS 017 LUBBOCK COUNTY, CONTINUING FOR A 'TOTAL DISTANCE OF 1144.54 FFI_:1' TO A 1/2" IRON ROD wi'T'1I A CAP STAMPED "ST'13\'ENS RPLS 4339" 51-1' AT A POINT OF IN'1'F-ItSECI'ION AND A CORNER OF T'1IIS TRACT; TI-1ENCF. S. 460 53'55" W., ALONG SAID WI_.Sl' RIG11'1'-OF-WAY LINE OF QUINCY A\71--,'NUI-.-ANI) PLAT 1..1 \-IITS OF LOTS 610 THROUGH 928, I\TON'T'L RL7Y ADDITION, A DISTANCE OF 21.24 17EE'T TO A 1/2" IRON ROD \XA T'l-1 A CAP S'I',\MPED "STEVENS RPLS 4339" SI3T AT A POINT OF IN'1'EiRSF.0"PION AND A CORNER OF THIS'T RACT; THENCE S. 010 58'32" W., ALONG SAID WEST RIGI IT -OF -WAY LINE OF QUINCY AVENUI: AND PLAT 1..11\TI'T'S OF LOTS 610 THROUGH 928,'\TONTI3RI-Y ADDITION, A DISTANCE 017 120.00 FEET" T'O A 1/2" IRON ROD WI'T'H A CAP STANIPI-D "STEVENS RPLS 4339" SE'T AT A POINT OF IN'T'ERSECTION AND A CORNER OF'I HIS'T'ItACT; TI IENCE- S. 430 06'05" F.,ALONG SAID WESTRIGI- T -OF -WAY LINE 017 QUINCY AVENUI--', AND PLAT LIMI'T'S OF LOTS 610 TI IROUGI 1928, 'MONTEREY ADDITION, A DISTANCE OF 21.18 FET::1"1'O A 1/2" IRON ROD WITH A CAP STAMPED "STEVENS RPLS 4339" SET ATA POINTOF INTE'RSECT'ION AND A CORNER 017'T'I-IIS'T'ItAC'T; TI IENCE S. 010 58'32" W,ALONG SAID WEST RIGH T' -OF -WAY LINE" 01--'QUINCY A\'I-NUE. AND PLAT LIATITS OF LOTS 610 TI IROUGI 1928, MON'T'ER13Y ADDITION, A DISTANCE,- OF 852.88 FEEA-IO A 1/2" IRON ROD WI'T'H A CAP S'TAi\TPED "STEVENS RPLS 4339" SETA'T' A POINT 017 INTI RSI3C'T'ION AND A CORNER OF TH IS TRACT ; TI IENCE S. 460 53'55" W., ALONG SAID WESTRIGH T' -OF -WAY LINE OF QUINCI' AVI.NUI. AND PLAT LIMI'T'S OF LOTS 610 TI IROUGI 1928, MONTERI-EY ADDITION, A DISTANCE OF 21.24 F131�TTO A 1/2" IRON ROD WITH A CAP SL'AMPI D "STI---\'I-'NS RPLS 4339" SFT AT A POINT 017 IN'T'E'RSECT'ION AND A CORNEiR OF Tl-11S'TRACI; TI IENCE S. 010 58'32" W., ALONG SAID WESTRIGH T' -OF -WAY LINE 017 QUINCY AVI-NUE AND PLAT LIMITS 017 LOTS 610 TI IROUGI 1928, MONTEREY ADDITION, A DISTANCE OF 56.00 FG1-1" 1'O A 1/2" IRON ROD WI1'1-I A CAP STAMPED "STI,--\'I--'NS RPLS 4339" SIS T' AT A POINT 017 IN'1'EItS1 C'1'ION AND A CORNER OF 1"I IIS'T'RACL; 'T'I Il, --NCE S. 430 06'05" E., .\LONG SAID WEST RIGI IT -017 -WAY LINE OF QUINCY AVENUE AND PLATIANCII-I'S OF LOTS 610 Tl IROUGI 1928, MONTEREY ADDITION, A DISTANCE OF 21.18 I LLQ T' TO A 1/2" IRON ROD WITI-I A CAP ST'AMPE'D "RPLS 4460" FOUND .\T .\ POINT OF INTE'RSECT'ION AND A CORNER OF THIS'TRACI; THENCE S. 880 10'42" 1:., ALONG THE SOUTH TERi\TINUS OF QUINCY AVENUI:-' AND PLATLIMITS 017 LOTS 610 TIIROUGII 928, MONTEREY ADDITION, A DISTANCE OF 60.00 L7E-1-T' TO A 1/2" IRON ROD WITH A CAP S1'AI\IPED "STEVENS RPLS 4339" SIT IN THE-' WEST TINE OF THAT CERTAIN 319.845 'TRACT OF LAND DI --'SCRIBED AND Exhibit "2" RECORDED IN VOLUI\IF 7451, PAGE7120 OF'1'I 113 OFFICIAL, PUBLIC RI?CORDS OF LUBBOCK COUNTY [,OR .\ CORNER OF TI IIS TRACT; 'rHl--NCE S. 010 58-32" W., ALONG '1'1113 WEST LIN13 OF SAID 319.845 ACRE TRACT A'1' A DNTANCI? O1- 545.91 PASS A 1/2" IRON ROD WITH A CAP STAMPED "S1'E\1ENS RPLS 4339" SET IN REFERENCE, CONTINUING FOR A TOT.V. DISTANCE 0F600.91 17E13T TO A 1/2" IRON ROD WITH A CAP S'TAIvIPSD "S'1'13VENS RPLS 4339" Sl l' IN TILE SOU'1'II LINE OF SAID SECTION 27 I,OR THE SOUTHEAST CORNER O1�TH1S'1'12AC1'; THENCE N. 880 00'08" W., ALONG THE SOUTH LINE OI, SAID SECTION 27, A DISTANCE 01--'2612.56 FEET TO '1'I IF POINT OF BEGINNING. BEARINGS OF THIS SURVEY ARE RELA"1'I\'E'1'O "1'1 IE "1'I \5 COORDINATE SYSTEM, TXNC ZONE 4202, NAD83 (CORS96). CON\TERGF.NCE ANGLE = -01'58'32". DIST'ANC1'S ARE AC"I'UAI., SURFACE DISTANCES. 1, NORRIS STEVENS, REGISTERED PROFESSIONAL LAND SURVE=YOR, DO IIEItF.BY C1R"I'11-'Y THAT THIS DESCRIPTION WAS PREPARED FRONI AN ACTUAL SURVEY OF Tl -II:,. PROPERTY AND '1'IIAT THE INFORMATION I-f1REON RI3PRESENTS'1'1-IE FINDINGS OF'1'1IIS SURVLY'1'O'1'I IF3 BEST OF \TY KNO\VI..F..DGl3 AND BEL1131 . SURVEYED OCTOBER 5 AND Dl-.-Cl-.,'MBI---'It 28, 2007 NORRIS STEVENS R.P.L.S. 4339 SURVEYOR'S REPORT': THIS SURVEY IS SUBJECTTO ANY I'AC'1'S THAT I\IAY BE DISCLOSED BY A I-'UI.,I:. AND .\CCUR.\'1'13'1'1'I'I F3 SE,\RCI 1. FOUND MONUMENTS ARE ACCEPTED AS CONTROLLING 1?\'IDIsNCI_. DUE '1'O SUBSI'.\NTIAI. AGREI.IvIENT WI'1'1I RECORD DOCUNJE;NI'S. 071006. k "� Exhibit "Y' Resolution No. 2009-RO219 Quincy Park Public Improvement District March 2009 W -_L E -Ie *2=4 P FILED AND RECORDED S, OFFICIAL PUBLIC RECORDS AAA, - Kelly Pinion, County Clerk Lubbock County TEXAS August 11, 2011 02:06:52 PM FEE: $84,00 2011027242