Loading...
HomeMy WebLinkAboutResolution - 2020-R0198 - Dedication Deed - Lots 1-A-1, 1-A-2, and 1-B-1, Block 1 Memorial Center AdditionResolution No. 2020-120198 Item No. 7.11 June 23, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- THAT the Mayor ofthe City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Dedication heed and associated l:asenients in connection with a property described as Lots 1-A-1. l -A-2 and 1-E3- l . Block 1 a replat ol' Lots 1-A. and 1-B, Block I Memorial Center Addition, Lubbock County. Texas and all related documents, Said Dedication Deed and Easements are attached hereto and incorporated in this lZesolution as if fully set forth herein and shall be included in the trtinutes of the C0111161. Passed by the City Council on ATTEST: A 'a JK Rebe a Garza. City Seeretk APPROVED AS TO CONTENT: J Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: Olt �h*", clli Leisure, Assistant City Attorney Jude 23. 2020 DANIE'L M. POPE, MAYOR RES. Dedication Deed & Easements Memorial CenaC'r 06.04, 20 Resolution No. 2020-RO198 DEDICATION DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § That LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION is the Owner of TRACT I and CITY OF LUBBOCK, TEXAS is the Owner of TRACT 11 (herein referred to collectively as "Owner"); TRACTS 1 and 11 being described by metes and bounds as follows: TRACT I: A portion of Lot One -A (I -A), Block One (1), and a portion of Lot One-B (l-B), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HRA" found in the South right-of-way line of the Marsha Sharp Freeway as described in Volume 7235, Page 120 of the Real Property Records of Lubbock County, Texas, being the Northeast corner of Lot I -A, Block 1, and the Northwest comer of Lot 2-A, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, for the Northeast comer of this tract; THENCE S. 01e41'14" W., along the Eastern boundary of said Lot 1-A, and the Western boundary of said Lot 2-A, at 481,33 feet pass the most Easterly Southeast corner of said Lot 1-A same being the Northeast comer of Lot 1-B, Block 1, said Memorial Center Addition, continuing along the Western boundary of said Lot 2-A, and along the Eastern boundary of said Lot 1-B, for a total distance of 547.27 feet to a 1/2" iron rod with cap marked "HRA" set for the most Easterly Southeast corner of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast comer of said Lot 1-B bears S. 01e4114" W. a distance of 89.24 feet; THENCE N. 88e18'46" W. a distance of 161.50 feet to a 1/2" iron rod with cap marked "HRA" set form "ell" comer of this tract; THENCE S. 01e41'14" W. a distance of 89.24 feet to a 1/2" iron rod with cap marked "HRA" set in the North right-of-way line of Mac Davis Lane as dedicated by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas, and the Southern boundary of said Lot 1-B, for the most Southerly Southeast comer of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast corner of said Lot 1-B bears S. 88018'46" E. a distance of 161.50 feet; Dedication Deed Page I THENCE N. 88e18'46" W., along said North right-of-way line and the Southern boundary of said Lot 1-B, a distance of 156.50 feet to a 1/2" iron rod with cap marked "HRA" set for the Southwest corner of this tract; THENCE N. 010411411 E., at 26.99 feet pass a point in the Northern boundary of said Lot 1-13, continuing for a total distance of 458.23 feet to a 1/2" iron rod with cap marked "HRA" set for a point of curvature; THENCE Northwesterly, along a curve to the left, said curve having a radius of 99.50 feet, a central angle of 25057'39", tangent lengths of 22.94 feet, a chord distance of 44.70 feet and a chord bearing of N. 1 Ia1T36" W. to a 1/2" iron rod with cap marked "HRA" set for a point of tangency; THENCE N. 24016'26" W. a distance of 117.49 feet to a set 1/2" iron rod with cap marked 11HRA"; THENCE N. 01 °41' 14" E. a distance of 30.00 feet to a 1/2" iron rod with cap marked "HRA" set in the said South right-of-way line of Marsha Sharp Freeway and the Northern boundary of said Lot 1-A, for the Northwest corner of this tract; THENCE S. 88e10'30" E., along said South right-of-way line and the Northern boundary of said Lot I -A, a distance of 379.48 feet to the POINT OF BEGINNING. TRACT II: Lots One -A (I -A) and One-B (1-B), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas; SAVE & EXCEPT that portion conveyed to LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION by instrument recorded under Clerk's File No. 2018021626, Official Public Records of Lubbock County, Texas and being described as Tract I herein (TRACTS I and II are hereinafter referred to collectively as the "Property). That Owner does hereby plat and dedicate the Property into the lots, designating streets, alleys, easements and other public properties, as shown on and in accordance with the attached map prepared by Brent Carroll, a registered professional surveyor for the State of Texas, on the 18th day of April, 2017 and approved by the City Planning Commission of the City of Lubbock, County of Lubbock, State of Texas, on the day of , 2017; That Owner desires to have the Property platted, dedicated and duly filed for record as required by law, all as shown on the attached map; and That in consideration of the premises and special benefits to the remainder of the Property in the area, Owner does hereby DEDICATE all the streets, alleys, easements and other public Dedication Deed Page 2 properties (surface and/or underground) thereon shown and designated upon said map to the PUBLIC FOR PUBLIC USE FOREVER; and by these presents does impress the name of "LOTS 1-A-1, I-A-2 and 1-B-1, BLOCK 1 a replat of LOTS 1-A, and 1-B, BLOCK 1 MEMORIAL CENTER ADDITION to the City of Lubbock, Lubbock County, Texas" upon the Property for the correct reference and description thereof as indicated upon the attached map, and does hereby adopt the name hereinabove stated and impress the same upon the Property, incorporating said map as a part of this dedication. PLAINSCAPITAL BANK, holder of liens ("the Lienholder") of record against the Property, joins in this dedication for the sole purpose of assenting thereto and showing that Lienholder has no objection to the platting of the Property for public use in accordance with the attached map and this dedication deed, and Lienholder hereby releases its lien upon those portions of the Property which are embraced within the boundaries of the streets, alleys, easements (surface and/or underground) and other public ways as shown on the map. This instrument shall not be construed as an instrument of conveyance of any type, and the Owner shall continue to own, subsequent to the dedication and platting, the same interest in the same parcel as owned prior to this dedication and platting. EXECUTED as of this 'L 9 fit day of ii+�i r,1 , 2020. LUBBOCK ENTERTAINMENT AND PERFO ING ,ASSOCIATION BY: �io TITLE: THE STATE OF TEXAS COUNTY OF LUBBOCK § Before me �Y, I ; "Ur)-o on this day personally appeared tvl-t to N Ca I I' h C . of LUBB&K ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION, known to me OR proved to me on the oath of OR through to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same on behalf of LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION for the purposes and consideration therein' _ expressed. Given under my hand and seal of office this day of K}�r, A.D., 2020. Public, State xas Dedication Deed Page3^" JESSICAVASQUEZ 6 N*q Pdke, Sate d Texas Notary roll 131399461 > MyCowis mFTin 01*VT?i EXECUTED as of this 23rd day of June • 2020. CITY O • LUEEO .TEXAS BY: TITLE: Daniel M. Pope, Mayor THE STATE OE'IT:XAS COUNTY OFLUBBOCK l3elo,(e me .J AIV nCS ele on this day personally appeared Mltk '40r of CITY OF LUEEOCK,'fl• XAS, k own tome OR proved tonic on the oa of 05i:e2 OR through to be the person whose time is subscribed to the foregoing instrument iuld acknowledged tot; that he/she executed the same on behalf ofClTY OF LUEEOCK,'rEXAS ['or the purposes and consideration therein expressed. 1 rat Given under my hand and seal of off ice this �_ day of wk-e. A.D., 2020. P 6 . State exasMMI ncdiexlina need Pace 4 LIENHOLER: EXECUTED as of this Btb THE STATE OF TEXAS COUNTY OF LUBBOCK day of PLAIN CAPIT L BANK r BY: TITLE: b ck Market Pre ant 2020 Before me Brenda Stanfield, Notary on this day personally appeared Barry Ballinger I Lubbock Market President CAPITAL BANK, a State Banking Association known to me R proved to me on the oath of OR through to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same on behalf of PLAINSCAPITAL BANK for the purposes and consideration therein expressed. Given under my hand and seal of office this 6th A.D., 2020. BRENDA STANFIELD Notary PBNk, Stale otTeW Notary & 279690.5 N7CMftS1 n E*ea6423-29N Dedication Deed Page 5 day of May fit a LL &GL4i v 4d Notary Public, State of TexUs OWNERSHIP CERTIFICATE THE STATE OF TEXAS § COUNTY OF LUBBOCK § RECORD OWNER OF SUBJECT PROPERTY: TRACTI: LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION TRACT II: CITY OF LUBBOCK, TEXAS DESCRIPTION OF SUBJECT PROPERTY: TRACT I: A portion of Lot One -A (I -A), Block One (1), and a portion of Lot One-B (I-B), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HRA" found in the South right-of-way line of the Marsha Sharp Freeway as described in Volume 7235, Page 120 of the Real Property Records of Lubbock County, Texas, being the Northeast comer of Lot 1-A, Block 1, and the Northwest comer of Lot 2-A, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, for the Northeast comer of this tract; THENCE S. 01041'14" W., along the Eastern boundary of said Lot 1-A, and the Western boundary of said Lot 2-A, at 481.33 feet pass the most Easterly Southeast comer of said Lot 1-A same being the Northeast corner of Lot 1-B, Block 1, said Memorial Center Addition, continuing along the Western boundary of said Lot 2-A, and along the Eastern boundary of said Lot I-B, for a total distance of 547.27 feet to a 1/2" iron rod with cap marked "HRA" set for the most Easterly Southeast comer of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast comer of said Lot 1-B bears S. 01 041' 14" W. a distance of 89.24 feet; THENCE N. 88018'46" W. a distance of 161.50 feet to a 1/2" iron rod with cap marked "HRA" set for an "ell" corner of this tract; Ownership Certifica2 Page 1 THENCE S. 01041'14" W. a distance of 89.24 feet to a 1/2" iron rod with cap marked "HRA" set in the North right-of-way line of Mac Davis Lane as dedicated by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas, and the Southern boundary of said Lot I-B, for the most Southerly Southeast comer of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast comer of said Lot 1-B bears S. 88018'46" E. a distance of 161.50 feet; THENCE N. 88018'46" W., along said North right-of-way line and the Southern boundary of said Lot I-B, a distance of 156.50 feet to a 1/2" iron rod with cap marked "HRA" set for the Southwest corner of this tract; THENCE N. 01041'14" E., at 26.99 feet pass a point in the Northern boundary of said Lot I-B, continuing for a total distance of 458.23 feet to a 1/2" iron rod with cap marked "HRA" set for a point of curvature; THENCE Northwesterly, along a curve to the left, said curve having a radius of 99.50 feet, a central angle of 25°57'39", tangent lengths of 22.94 feet, a chord distance of 44.70 feet and a chord bearing of N. 11017'36" W. to a 1/2" iron rod with cap marked "HRA" set for a point of tangency; THENCE N. 24016'26" W. a distance of 117.49 feet to a set 1/2" iron rod with cap marked 'HPA"; THENCE N. 01041'14" E. a distance of 30.00 feet to a 1/2" iron rod with cap marked "HRA" set in the said South right-of-way line of Marsha Sharp Freeway and the Northern boundary of said Lot 1-A, for the Northwest corner of this tract-, THENCE S. 88010'30" E., along said South right-of-way line and the Northern boundary of said Lot 1-A, a distance of 379.48 feet to the POINT OF BEGINNING. TRACT II: Lots One -A (1-A) and One-B (1-B), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas; SAVE & EXCEPT that portion conveyed to LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION by instrument recorded under Clerk's File No. 2018021626, Official Public Records of Lubbock County, Texas and being described as Tract I herein. Ownership Certificate Page 2 SUBJECT TO THE FOLLOWING: I"13I 3 AS TO TRACT I ONLY: Amended and Restated Deed of Trust, Security Agreement, Assignment of Leases, Assignment of Rents, and Financing Statement, dated October 18, 2018 executed by LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION, a Texas nonprofit corporation to DARRELL G. ADAMS, Trustee, securing payment of one note of even date therewith in the principal sum of $68,000,000.00, payable to the order of PLAINSCAPITAL BANK recorded under Clerk's File No. 2018040715, Official Public Records of Lubbock County, Texas; modified by instrument recorded under Clerk's File No. 2019029753, Official Public Records of Lubbock County, Texas. TAX INFORMATION: CERTIFICATE ATTACHED JUDGMENT LIENS: NONE STATE TAX LIENS: NONE FEDERAL TAX LIEN: NONE RESTRICTIONS: Restrictive Covenants recorded in Volume 1350, Page 672; Volume 1350, Page 689; and Volume 1359, Page 826, Deed Records of Lubbock County, Texas; and under Clerk's File Nos. 2017027907 and 2018021626, Official Public Records of Lubbock County, Texas; but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code, or (b) relates to handicap but does not discriminate against handicapped persons. Oemership Cenifica[e Page 3 EXCEPTIONS: 1. Terms and conditions of Notice of Urban Renewal by instrument recorded in Volume 1296, Page 390, Deed Records of Lubbock County, Texas. 2. Controlled Access Highway Facility, as shown by instrument recorded in Volume 6104, Page 98, Official Real Property Records of Lubbock County, Texas. Access denied as to a portion of subject property, as shown by instruments recorded in Volume 6332, Page 52 and Volume 7235, Page 120, Official Real Property Records of Lubbock County, Texas. 3. According to note on Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas, a portion of the Property is located within the boundaries of a Special Flood Hazard Area Boundaries of the Special Flood Hazard Area are established by the FEDERAL INSURANCE ADMINISTRATION; flood hazard maps are on file in the Building Inspection Office, City Hall, Lubbock, Texas. 4. Underground Utility Easements across the Property, as shown on Plat with Dedication Deed recorded in Volume 1349, Page 521, Deed Records of Lubbock County, Texas; and Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas. 5. Underground Utility and Water Line Easements across the Property as shown on Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas. 6. Minimum floor elevation requirement, as shown on Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas. 7, Blanket Underground Utility, Transformer Pad, and Switching Enclosure Easement granted to LUBBOCK POWER AND LIGHT COMPANY, as shown on Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas. 8. Blanket Underground Utility Easement granted to SOUTHWESTERN BELL TELEPHONE COMPANY and ATMOS ENERGY, as shown on Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas. 9. Coal, lignite, oil, gas and other minerals, together with all rights incident thereto, contained in instrument recorded under Clerk's File No. 2010033890, Official Public Records Lubbock County, Texas. Ownership Certificate Page 4 10. Restriction of Use as more fully described in Amended and Restated Deed Without Warranty recorded under Clerk's File Nos. 2017027907 and 2018021626, Official Public Records of Lubbock County, Texas. This report of ownership is made only for purposes of platting and dedicating the Property. The information is solely for the use of the party requesting it and use by any other person or entity is unauthorized. Lubbock Abstract & Title Company's liability for errors and omissions in this information is in all respects limited to the amount paid for this report. By accepting this certificate, the party requesting the information agrees that the disclaimer of warranties and the liability limitation contained in this paragraph is a part of its contract with Lubbock Abstract & Title Company and shall cover all actions whether arising hereunder by statute in contract or in tort. The information contained in this report is current through the 20th day of March, 2020 at 7:00 o'clock A. M. EXECUTED this Li<" day of tid , 2020. LUBBOCK ABSTRACT & TITLE COMPANY BY: (LIU bi ANDREA WOLF, Anome OC # DD272 Ommhip Cenificate Page 5 LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES, INC. 1601 Avenue N, Lubbock, Texas 79401 Phone: 806-763-5642 Fax: 806-763-3891 Texas Registered Engineering Firm F-760 Texas Licensed Surveying Firm 100676-00 LETTER OF TRANSMITTAL To: City Planning Date: May 8, 2020 Job # Project Name: Memorial Center Lots 1A1, 1A2, 18' Attn: Nathan Webb We are sending you: ® Herewith ❑ Under Separate Cover via Copies Date Description orig 5/8 vellum plats for recording orig 5/8 executed dedication deeds orig 5/8 ownership letter and tax certificates orig 5/8 clerk fee worksheet and LEPAA check #1258 for $125 These are transmitted as: ® For Your Use ❑ For Your Records ❑ For Review & Comments ❑ Return After Loan to Us ❑ For Approval ® for recording Please get this plat on soonest availlable City Council agenda for execution and record this plat at your earliest convenience. Copies to: Signed: Terry Holeman Plat Name: Plat Number: Total sheet count for plat drawing: 1 Is the plat drawing larger than 18"x 24"? Yes Pages of Dedication Deed, Tax Certificate, and Ownership Letter: 12 Legal Description Memorial Center 1A1-3A2-1B3, Block 1 A Replat Of PLAT SUBMISSION FEES Fee Name Base fee Cost per additional page pages fee Plat (1st sheet), Transmittal letter, and LCC Map: ($36.00 + $26.00 + $4.00 per page of plat drawing) $62.00 $4.00 1 $62.00 Additional sheets for multi -page plat: N/A $36.00 0 $0.00 Oversize Drawing Fee(larger than18x24): $15.00 $15.00 1 $15.00 Dedication Deed, Tax Certificates, and Ownership Letter: $4.00 $4.00 12 $48.00 SUBTOTAL: $125.00 OTHER INSTRUMENTS Fee Name Base fee Cost per additional age pages fee $26.00 $4.00 $0.00 $26.00 $4.00 $0.00 $26.00 $4.00 $0.00 $26.00 $4.00 $0.00 $26.00 $4.00 $0.00 $26.00 $4.00 $0.00 PARAMETERS: First page of plat drawing: $36.00 Subtotal: $0.00 First page of each additional instrument: $26.00 Each additional page per document: $4.00 TOTAL: $12500 Each oversized plat page: $15.00 Applied oversize fee per page: $15.00 Check Name and Ammount: Address: Telephone: lacua flats: 4H4/2n9n TAX CERTIFICATE 2109 Ave Q PO Box 10568 Lubbock, TX 79408-3568 Ph: 806.762.5000 x6 Fax: This certificate includes tax years up to 2019 Entities to which this certificate applies:,' GLB-Lubbock County CL0-City Ol Lubbock SLB- Lubbock ISO HSP Lubb Cnty Hospital MP Hi Plains Water operty Informatl -` �wner_Intormatiou Property ID: R552750-00001-00030-000 Owner ID: 00239859 Quick -Ref ID: R333524 Value Information LUBBOCK ENTERTAINMENT 8 Land HS $0.00 PERFORMING ARTS ASSN Land NHS $969,430.00 1500 BROADWAY STE 1254 Imp HS $0,00 LUBBOCK, TX 79401.3114 Imp NHS $6,413.00 MEMORIAL CENTER BLK 1 Ag Mkt $0.00 Ownership: 100.00% L 1131 & 1C Ag Use $0.00 Tim Mkt $0.00 Tim Use $0.00 HS Cap Adj $0.00 Assessed $0.00 This Is to deftly that after a careful check of the tax records of this office, the following delinquent taxes, penalties, Interest and any known costs and expanses as provided by Tax Code Section 33.48 are due on the described property for the f01l0wing taxing units) Atly.Fee :: m"TOTAL''] CLB 2019 0.00 0.00 0.00 0.00 0.00 GLB 2019 0.00 0.00 0,00 0.00 0,00 HSP 2019 0.00 0.00 0.00 0.00 0.00 SLB 2019 0.00 0.00 0,00 0.00 0.00 WHP 2019 0.00 0.00 0.00 0.00 0.00 Total for current bills if paid by 4/30/2020 : $0.00 Total due on all bills 4/30/2020 : $0.00 2019 taxes paid for entity CUB $0.00 2019 taxes paid for entity GLS $0.00 2019 taxes paid for entity HSP $0.00 2019 taxes paid for entity SLB $0.00 2019 taxes paid for entity WHIP $0.00 2019 Total Taxes Paid ; $0.00 If applicable, the above -described property has / Is receiving special appraisal based on Its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 Is not Included in this certificate,1. Date of Issue 04/14/2020 $pCK CF"'�,, Requestor LUBBOCK ASS `•,'yT�'•-, Ref. Number�,- prd �[i1.iliCU / r la w" 6 Fee Paid c r - Payer - Signatureof Authorized Officer of the Tax Office 02003 Tyler Technologies, Inc. DulckRefit): R333524 Issue Date: 4/14/2020 �. SAL DI ee.n...... a 1 of i