HomeMy WebLinkAboutMinutes - City Council - Regular - 12/10/1953for public alley purposes and has been unable to conclude with said owners on the price to be
paid for such easement; and,
WHEREAS, the City Commission finds it necessary to make a final offer and if same should
be rejected to authorize the condemnation of such easement; NOW, THEREFCRE,
BE IT RESOLVED BY THE CITY C0143,IISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the following described property being needed for placement of utilities,
the Right -of -Way Agent for the City of Lubbock BE, and he is hereby authorized and directed to
make an offer to the true owners of the hereinafter described tract of land of $50.00 for an
easement for public alley purposes through, over, under and across the following described
tract of land, to -wit. -
BEGINNING at a point 3510.0 feet East and 2295.62 feet South of the
Northwest Corner of Section Seventeen (17), Block "B", Lubbock County
Texas, said point being the Southwest Corner of a "Subdivision Plat"
supplement to Cain Terrace Addition to the City of Lubbock, Lubbock
County, Texas, and said point also being the Southeast Corner of a tract
of land conveyed to Cunard Heights, Inc., by H. L. Cain and wife, Ruby
Cain, as described in the Deed recorded in Volume 462, page 517, Lubbock
County Deed Records. Said point of . beginning also being in t�e North
right-of-way line of the Panhandle and Santa Fe Railroad Seagraves Branch;
THENCE South 53° 49' 30" West along the said Railroad right-of-way line a
distance of 583.53 feet to a point, said point being the intersection of
the North line of a permanent sewer easement as described in Volume 505,
page 148, Lubbock County, Deed Records with the North right-of-way line of
said Railroad; THENCE West along the North line of said permanent sewer
easement a distance of 38.12 feet to a point; THENCE North 530 49' 30"
East with a line parallel to and 22.5 feet distant from the North right-
of-way line of said Railroad right-of-way a distance of 630.75 feet to
a point in the East boundary line of the tract of land described in the
said Deed of record in Volume 4622 page 517, Lubbock County Deed Records;
ThENCE South along the said East Boundary Line of said tract a distance
of 27.87 feet to the POINT OF BEGINNING.
SECTION 2. In the event the offer authorized in Section 1 (One) of this Resolution is
rejected by the owners of said tract of land for said easement, the City Attorney is hereby
authorized and directed to institute proceedings in condemnation to secure the interests of
the owners and effect the acquisition of an easement for public alley purposes through, under,$
over and across the tract of land described in Section 1, (One) hereof.
On motion of Commissioner Morris, seconded by Commissioner Carpenter, this Resolution
was passed on this the llth day of December, 1953, by the following vote of the City Commission:
Commissioners voting "YEA": Morris, Carpenter ar4h4ayor Tripp
Commissioners voting "NAY": None
ls,[ Murrell R. Tripp
MURRELL R. TRIPP, Mayor ok:VEW
ATTEST:
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LavEnia Lowe, City Secretary -Treasurer
VILS: rr
12-12-53
53-12-263-534 The City Commission in their meeting of December 10, 1953, authorized the City Attorney to
file suit to secure right-of-way across the J. E. Cherrill property on west 19th Street
described by field notes in said minutes, in the event Mr. Cherrill did not accept an offer
of $750.00 for -said right-of-way which had been made to him. On this date, December 11, 1953,
the following report was made to the City Commission by John L. Scott of the City Engineering
Department;
DATE: December 11, 1953•
At 9:45 A.M., December 11, 1953, Mr. Vaughn E. Wilson, and myself talked to Mr.
Cherrill by phone at his home in Denver, Colorado. The City's position was
explained to Mr. Cherrill. Hewas asked if he would accept the offer of
$750.00 and he stated that he would not. He was then asked if he would permit
the City to enter his property pending legal action, to this the answer was "No".
Mr. Cherrill advised he had no legal representative at Lubbock. Mr. Wilson fully
explained why it was necessary for the City to lay this important water supply
line to serve the West Area at Lubbock and thanked Mr. Cherrill for the opportunity
to discuss the matter with him at his home.
/s/ John L. Scott
-263-,535 Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp
and Commissioners Morris and Carpenter, voting Yea, none voting Nay, to authorize the accept-
ance of the following proposal of R. G. Sharp dated December 11, 1953, Mr. Sharp being the
tenant occupying the land owned by J. E. Cherrill on west 19th Street, across which the City
plans to construct a 24 in. water line:
The undersigned, being in possession of the Cherrill Lake Area on West 19th Street where
a golf driving range is being operated when the weather permits, do hereby agree that the City
of Lubbock and its contractors may enter the area for the purpose of constructing a water
line, with the understanding that I will be compensated by the City of Lubbock paying for
actual damages sustained by me such as net loss during the construction period, that the City
will cause the area to be promptly repaired following construction so that the operation of the
golf course can continue, that the surface will be restored to substantially the same con-
dition that it is in today, this to include replacement of existing fences, driveways, and
replacement of markers. It is understood that during the period of construction, if weather
conditions interfere with patronage at the driving range, may damages -will be based on patronage
experienced at the golf range on days of similar weather conditions. It is flrther understood
that I have not sub -leased this range to other persons and that this instrument is executed
to permit the City to have possession for/16onstruction puaiposes as a tenant holding under Mr.
Cherrill is not intended to, in any other manner, to affect Mr. Cherrill's ownership of the
property or any claim he may have against the City relating to this matter.
This instrument shall be considered as my proposal to the City of Lubbock and, if accepted
by the City Commission, I agree that the City may timely enter the premises (during the con-
struction for the construction of the line and that payment of damages will be paid to me follow-
ing the construction period..
This llth day of December, 1953.
/sf R. G. Sham
WITNESSES:
/s/ Bert Glover
/s/ Albert L. Field
No further business coming up for consideration, the City Commission adjourned.
Read and approved this the 28th day of January , 195A
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La enia Lowe, Ci Secret ry-Trea surer F
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