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HomeMy WebLinkAboutResolution - 2001-R0031 - Land Acquisition For Public Purposes - 98Th Street Widening Project - 02/08/2001Resolution No. 2001-R0031 February 8, 2001 Item No. 23 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 98' Street widening project from Indiana Avenue to University 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 fee simple title 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 Kody Kothmann and Janet Kothmann, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,475.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title. Passed by the City Council this 8th day February , 2001. WINDY SITT , MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way A nt APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs\ccdocs\Kody & Janet Kothmann. res Jan12, 2001 EXHIBIT A County: Lubbock Account No: CSJ: Highway No: Parcel: 3B Grantor: Kody Kothmann and Janet Kothmann Resolution No. 2001-R0031 February 8, 2001 Item No. 23 Page 1 of 2 November 08, 2000 Revised: November 21, 2000 Revised: January 18, 2001 Legal Land Description for Parcel 3B BEING 0.0379 acres (1,650 square feet) of land, situated in Section 20, Block E-2, City of Lubbock, Lubbock County, Texas, and being part of a tract of land as described in a deed to Kody Kothmann and Janet Kothmann (Kothmann tract), being executed on May 22, 2000 as recorded in Volume 6693, Page 156, of the Real Property Records of Lubbock County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a one -inch iron rod (a controlling monument) found at the westernmost northwest corner of said Kothmann tract, same being the southwest corner of that certain tract of land described in a deed to A. D. McKee and wife, Natalie McKee as recorded in Volume 1173, Page 488 of the Deed Records of Lubbock County, Texas, said iron rod also being in the west line of Section 20, Block E-2; THENCE, SOUTH 88 degrees 21 minutes 03 seconds EAST, along a common north line of said Kothmann tract and the south line of said McKee tract, a distance of 208.02 feet to the westernmost interior corner of said Kothmann tract and the southeast corner of said McKee tract; THENCE, NORTH 01 degrees 41 minutes 34 seconds EAST, along the common west line of said Kothmann tract and the east line of said McKee tract, a distance of 153.53 feet to a one-half inch steel rebar with cap marked AB&A, set for corner on the proposed south right-of-way line of 98th Street for the POINT OF BEGINNING; 1. THENCE, NORTH 01 degrees 41 minutes 34 seconds EAST, continuing along the common line of said Kothmann tract and said McKee tract, a distance of 55.00 feet to a point in the north line of Section 20, Block E-2 and the south line of Section 13, Block E-2; 2. THENCE, SOUTH 88 degrees 11 minutes 36 seconds EAST, along the north line of Section 20, Block E-2 and the south line of Section 13, Block E-2, a distance of 30.00 feet to the northwest corner of the remainder of that certain tract of land described in a deed to Roy D. Philpott and wife, Jackie R. Philpott as recorded in Volume 1375, Page 209 of said Deed Records; 3. THENCE, SOUTH 01 degrees 41 minutes 34 seconds WEST, along the common line of said Kothmann tract and said Philpott tract, a distance of 55.00 feet to a one- half inch steel rebar with cap marked AB&A, set on the proposed south right-of-way line of 98th Street; EXHIBIT A County: Lubbock Account No: CSJ: Highway No: Parcel: 313 Grantor: Kody Kothmann and Janet Kothmann Page 2 of 2 November 08, 2000 Revised: November 21, 2000 Revised: January 18, 2001 4. THENCE, NORTH 88 degrees 11 minutes 36 seconds WEST, along the proposed south right-of-way line of 98th Street, a distance of 30.00 feet to the POINT OF BEGINNING and containing 0.0379 acres or 1,650 square feet of land, more or less. This description accompanies parcel map of even date herewith. All bearings are based on the Texas State Plane Coordinate System, North Central Zone, and (NAD83). Arredondo, Brunz & Associates, Inc. L_J John F. 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