HomeMy WebLinkAboutResolution - 2017-R0082 - Widening Of Erskine Ave From Indiana To Quaker - Texas Tech Univeristy - 02/23/2017Resolution No.2017-R0082
Item No.6.7
February 23,2017
RESOLUTION
WHEREAS,the City of Lubbock,Texas,a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to-wit: for the widening of Erskine Avenue
from Indiana Avenue to Quaker Avenue and the City Council of said City finds it in
the public interest and for public purposes and municipal purposes to proceed with the
acquisition of lands as needed for such purposes as aforesaid;NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1.THAT the Right of Access and Use to the tract of land further
described in Exhibit "A" attached hereto, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof.
SECTION 2. THAT the owner of said tract, being Texas Tech University,be
offered through the Right-of-Way Department of the City of Lubbock the amount of
$102,530,which is the amount appraisedas the value. Plus closing cost for the Right of
Access and Use for the use and benefit of the City of Lubbock, Texas, for the purposes
herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is
herebyauthorizedand instructedto institute condemnation (eminentdomain)proceedings
to acquire the fee simple title.
Passed bythe City Council this February 23 ,2017.
DANIEL M.POPE,MAYOR
ATTEST:
sJl&c^c^
Rebecca Garza,City Secretary
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
L. Wood Fldnklin, P.E., Director o_FPublic Works
APPROVED AS TO FORM:
Ryan oke, ssistant City Attorney
RES.widening of Erskine Ave -Right of Access and Use -Texas Tech University
1.31,17
It is hereby understood and by the acceptance of this instrument it is recognized that Grantor
retains title to all of the oil, gas and sulphur, and other mineral interests in and under said land, but
waives any and all rights of ingress and egress to the surface thereof for the purpose of exploring,
developing, mining or drilling for same; provided, however, that operations for exploration or recovery
of any such minerals shall be permissible so long as all surface operations in connection therewith are
located at a point outside of the Subject Property, and upon the condition that none of such operations
shall be conducted so near the surface of said land as to interfere with the intended use thereof or in
any way interfere with, jeopardize, or endanger the roadway facility of the City of Lubbock, or create a
hazard to the public users thereof; it being intended, however, that nothing herein shall affect the rights
of the City of Lubbock to take and use, without additional compensation, any water, stone, earth, gravel,
caliche, iron ore gravel, or any other road building materials upon, in, and under said Subject Property
for the construction and maintenance of the roadway to be constructed on the Subject Property, subject
to the right of use and access conveyed hereby.
Accomplishing the Purpose stated in this right of access and use is the sole responsibility of the
City of Lubbock. The City of Lubbock will pay all costs associated with planning, constructing and
maintaining the Northwest Passage Project and any related work.
To the extent allowed by law, the City of Lubbock shall indemnify and hold Grantor (including
members of its Board of Regents, officers, agents, and employees) harmless from any and all claims and
demands arising out of or occurring as a result of this right of access and use and of the City of Lubbock
accomplishing the Purpose stated in this right of access and use.
Texas Tech University
Printed Name: Lawrence Schovanec, Ph.D.
Title: President
State of Texas
County of Lubbock
Date: 116*117
ACKNOWLEDGMENT
This instrument was acknowledged before me on � JC�tr.� k5, -2-a) 7 by
Lawrence Schovanec, Ph.D., in his capacity as President, Texas Tech University, on behalf of Texas Tech
University.
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SHANNAN MCKINNEY
Notary Public, State of Texas
0 Commission Expires:
08-24-20'19
Notary without Bond
Notary Public's Signature
Permanent Right of Access and Use - Texas Tech University to City of Lubbock Page 2 of 6
Exhibit A
Legal description of historically used 5.332 acre tract
ERSKINE STREET PARCEL sirRVEY
No. 11004 TR,tCT it
5.332 Ilk Cfir, S
LOCATED IS
SECTION 21, BLOCK A
LUBBOCK COUNTY. TEXAS
METES AND BOUNDS DESCR1P71ON of a .5.332 acre tract of land located in Section 21, Block A, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point for the Northeast corner of Section 21, Block A, Lubbock County, Texas, and the Northeast
corner of this tract;
THENCE S. 01 °49'07" W., along the East line of said Section 21, a distance of 84.87 feet to a point the Southeast corner
of this tract;
THENCE N. 88° l0'53" W. a distance of 80.00 feet to a "crow's foot" cut in concrete for the most Southerly Southwest
corner of this tract;
THENCE Northwesterly along a curve to the left, said curve having a radius of 30.00 feet, a central angle of 89°56'00",
tangent lengths of 29.97 feet, a chord distance of 42.40 feet and an arc length of 47.09 feet to a 1 /2 " iron rod with cap set
for a point of tangency;
THENCE N. 88"06'53" W. a distance of 208.03 feet to a 112" iron rod with cap set fora point of intersection;
THENCE N. 85" 15'08" W. a distance of 200.25 feet to a 1.12" iron rod with cap set for a point of intersection;
THENCE N. 88006'53" W. a distance of 2231,51 feet to a 1/2" iron rod with cap set for a point of intersection;
THENCE N. 88005'47" W. a distance of 2261.45 feet to a 1/2" iron rod with cap set for the most Westerly Southwest
comer of this tract;
THENCE N. 01048 s 1 " E. a distance of 45.00 feet to a "PK" nail with washer set in the North line of said Section 21 for
the Northwest corner of this tract;
THENCE S. 88°05'47" E., along the North line of said Section 21, a distance of 2261.52 feet to a nai I found at a point of
intersection;
THENCE S. 88006'53" E., continuing along the North line of said Section 21, a distance of 2749.43 feet to the Point of
Beginning.
Contains: 232,259 square feet.
Bearings are relative to the Texas Coordinate System of 1983, COBS 96, Epoch 2002.0
Surveyed on the ground.
January 13, 2012
Revised September 8, 2016 to add tract number, correct dimensions in legal description, and add flood zone info.
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Robert A, Christopher �
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor 6167
State of I exas �9.
Permanent Right of Access and Use — Texas Tech University to City of Lubbock Page 3 of 6
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ERSKINE STREET PARCEL SURVEY
No. 11004 - TRACT I
0.6361 ACRES
LOCATED IN
SECTION 18, BLOCK A
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.6361 acre tract of land located in Section 18, Block A, Lubbock County,
Texas, being further described as follows:
BEGINNING at a "MAG" nail with shiner set in the South line of said Section 18 for the Southeast corner of this tract
which bears N. 88°06'53" W. a distance of 1134.49 feet from the Southeast corner of Section 18, Block A, Lubbock
County, Texas;
THENCE N. 88006'53" W., along the South line of said Section 18, a distance of 615.91 feet to a "MAG" nail with shiner
set for the Southwest corner of this tract;
THENCE N. 01 °52'47" E., a distance of 45.00 feet to a 1 /2" iron rod with cap marked "HUGO REED ASSOC" found at
the Northwest corner of this tract;
THENCE S. 88006'53" E. a distance of 615.93 feet to a 1/2" iron rod with cap marked "HUGO REED ASSOC" found at
the Northeast corner of this tract;
THENCE S. 0 1054'13" W., a distance of 45.00 feet to the Point of Beginning.
Contains: 27,710 square feet.
Bearings are relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0
Surveyed on the ground.
May 5, 2016
Revised September 8, 2016 to add tract number.
G
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
ERSKINE STREET PARCEL SURVEY
No. 11004 -TRACT I
0.6361 ACRES V
LOCATED IN
SECTION 18, BLOCK A :_:A, F ,._I::,,
LUBBOCK COUNTY, TEXAS
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Permanent Right of Access and Use — Texas Tech University to City of Lubbock Page 6 of 6
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Resolution No. 2017-R0082
PERMANENT RIGHT OF ACCESS AND USE
(ERSKINE STREET, INCLUDING NORTHWEST PASSAGE PROJECT)
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Texas Tech University ("Grantor"), a component of the Texas Tech University System, for and in
consideration of the sum of ONE HUNDRED TWO THOUSAND FIVE HUNDRED THIRTY and No/100 Dollars
($102,530.00) and further good and valuable consideration to Grantor paid by the City of Lubbock,
Texas, a Home Rule Municipal Corporation of the State of Texas ("Grantee"), receipt of which is hereby
acknowledged, has this day Sold and does by these presents Grant, Bargain, Sell and Convey unto the
City of Lubbock, Texas a right of access and use for the purposes of laying out, opening, constructing,
operating, maintaining and reconstructing a roadway facility thereon ("Purpose"), together with
necessary incidentals and appurtenances thereto, in, along, upon and across 5.9681 acres of land in
Lubbock County, Texas, more particularly described in Exhibits "A" and "B", which are attached and
incorporated by this reference (the "Subject Property").
This grant of a permanent right of access and use of the 5.9681 acre Subject Property was
approved by Grantor's Board of Regents in December 2016, and is further described as follows:
A. Documentation and formal grant of a historic right of access and use for a 5.332 acre tract or
parcel of land in Lubbock County, Texas, more particularly described in Exhibit "A", which is
attached and incorporated by this reference, as a roadway or utility corridor since the
construction of Erskine Street was authorized in 1923 and through subsequent extensions of
Erskine Street (including utility construction) during the 1950's; and
B. Grant of a new permanent right of access and use for a 0.6361 acre tract or parcel of land in
Lubbock County, Texas, more particularly described in Exhibit "B", which is attached and
incorporated by this reference, of raw land frontage for the widening of Erskine Street from
Indiana Avenue west to Texas Tech Parkway and North Loop 289 ("Northwest Passage Project")
for which consideration stated above.
GRANTEE'S ADDRESS: City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Grantor hereby acknowledges that its use of and access to the roadway to be constructed shall
be and forever remain subject to the same regulation by legally constituted authority as applies to the
public's use thereof.
So long as the City of Lubbock continues to use the Subject Property for the Purpose, the right of
access and use includes, but is not limited to, the free and uninterrupted use, liberty and privilege of
passage in, along, over, across, under, upon and against the Subject Property for the Purpose; together
with the right of ingress, egress and regress for the Purpose in, on, along, through and across the Subject
Property.
If the Subject Property ceases to be used for the Purpose, the City of Lubbock shall restore the
Subject Property, within 6 months, to substantially the same condition as it was before the grant of this
right of access and use or to a state acceptable to Grantor, without cost to Grantor, its successors and
assigns, and this right of access and use shall automatically expire.
Permanent Right of Access and Use — Texas Tech University to City of Lubbock Page 1 of 6