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Home My WebLink AboutResolution - 2000-R0272 - Right Of Way Offer - Hughes, Shobe, Stephens, First Christian Church Of Lubbock - 08/24/2000Resolution N0. 2000-R 0272 August 24, 2000 Item No. 24 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 and public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO, OWNER'S NAME AMOUNT IRR -61 NANCY MARIE HUGHES, AKA NANCY $500.00 MARIE HODGES LANEHART, THE HELEN HODGES EDUCATIONAL CHARITABLE TRUST, EDITH HELEN SHOBE, AKA EDITH HELEN HODGES SHOBE AND KERWIN B. STEPHENS, THE FIRST CHRISTIAN CHURCH OF LUBBOCK, TEXAS SECTION 2. THAT the above-described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above-described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above-described parcel of land being NANCY MARIE HUGHES, AKA NANCY MARIE HODGES LANEHART, THE HELEN HODGES EDUCATIONAL CHARITABLE TRUST, EDITH HELEN SHORE, AKA EDITH HELEN HODGES SHOBE AND KERWIN B. STEPHENS, THE FIRST CHRISTIAN CHURCH OF LUBBOCK, TEXAS BE offered through the Right -of -Way Department of the City of Lubbock the amount of $500.00 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of August 2000. WIN4SIN, AY rR ATTEST: Kaythe barnell, City Secretary APPROVED AS TO CONTENT: e=f, le) (--� Ed Bucy, Right -of -W Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/East-West Freeway Railroad -Hughes-IRRII.res ccdocs/August 4, 2000 Resolution No. 2000-RO272 August 24, 2000 Item No. 24 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA * UTAH County: Lubbock Account No: 8005-1-20 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parccl No: 1 RR61 Grantor: Nancy Marie Hughes, a/k/a Nancy Marie Hodges Lanehart, The Helen Hodges Educational Charitable Trust, The First Christian Church of Lubbock, Edith Helen Shobe, &Wa Edith Helen Hodges Shobe and Kerwin B. Stephens EXHIBIT "A" Being 0.020 hectares (0.05 acres) of land out of a tract in Section 22, Block J -S, E. L. & R. R. R.R. Co. Survey, Lubbock County, Texas, described by metes and bounds in Volume 1075, Page 106, of the Deed Records of Lubbock County, Texas, said 0.05 acres is out of a tract conveyed by deed dated March 06, 1950 to J.A. Hodges and recorded in Volume 399, Page 1.38 of the Deed Records of Lubbock County, Texas, which said 0.012 hectares (0.03 acres) is more particularly described as follows; BEGINNING at a'/2" Iron Rod with Cap, set in the West Right -of -Way line of U.S. Highway 84 and in the proposed South Railroad Right -of -Way line, for the Southwest and beginning corner of this parcel, whence the Southwest corner of said Section 22, Block J -S, bears South 02'19'08" West, 633.196 meters (2077.41 feet) and North 873412" West, 291.170 meters (955.28 feet); (1) THENCE North 44°07'37" West, along the South Right -of -Way of said U.S. 84, 32.208 meters (105.67 feet) to a'/a" Iron Rod, found for a corner of this parcel; (2) THENCE Northwesterly, along the South Right -of -Way line of said U.S. 84 and along the arc of a curve to the left, an arc distance of 12.457 meters (40.87 feet) to a'/z" Iron Rod with Cap, set in the proposed North Railroad Right -of -Way line for the Northwest corner of this parcel, said curve has a radius of 1703.402 meters (5588.58 feet) and a chord that bears North 44°18'22" West, 12.457 meters (40.87 feet); PARI RR6I.DOC (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 * Lubbock, Texas 79413 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA * UTAH (3) THENCE South 87°42'28" East, along the proposed North Railroad Right -of -Way line, 19.307 meters (63.34 feet) to a '/Z" Iron Rod with Cap, set in said U.S. 84 for a corner of this parcel; (4) THENCE Southeasterly, along the proposed North Railroad Right -of -Way line and along the arc of a curve to the right, an arc distance of 47.045 meters (154.35 feet) to a '/2" Iron Rod with Cap, set in said U.S. 84 for the Northeast corner of this parcel, said curve has a radius of 345.949 meters (1135.00 feet) and a chord that bears South 83°48'42" East, 47.009 meters (154.23 feet); (5) THENCE South 46°46'54" East, 64.205 meters (210.65 feet) to a'/z" Iron Rod with Cap, set for the Southeast corner of this parcel; (6) THENCE Northwesterly, along the proposed South Railroad Right -of -Way line and along the arc of a curve to the left, an arc distance of 83.837 meters (275.06 feet) to the P.O.B., said curve has a radius of 315.469 meters (1035.00 feet) and a chord that bears North 77°43'02" West, 83.591 meters (274.25 feet), of which contains an area of 0.020 hectares (0.05 acres). A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND MAY, 2000 REGISTERED PRO SIONAL LAND SURVEYOR za — 0 0. Note: English units are provided for information only. OF Y 16 .'� � G LN ........................ GARY D. WILSON �a9.4239..pv,.Q •c '9y�:;Fss;S�••ya SURA (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413 Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for August 24, 2000 Page 4 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT # Consider 3 resolutions authorizing the Right-of-way Department to make offers to 14 owners for 3 parcels of right-of-way for the East-West Freeway Railroad Relocation Project (9010 19"' Street, North Frankford & US 84). BACKGROUND/DISCUSSION: These 3 parcels of right-of-way are needed for the railroad route around west Lubbock in conjunction with the East-West Freeway project. These parcel numbers and property owners are: 1 RR57 — The Estate of Janie Rebecca Wilbanks, deceased, 1 RR60 — M.J. Huffaker, the Calina Trust, Wayne Huffaker, Gerald Huffaker, John Huffaker, Joyce Huffaker, Roger Douglas Huffaker, and the Estate of Donald Huffaker, deceased, 1 RR61 — Nancy Marie Hughes, The Helen Hodges Educational Charitable Trust, Edith Helen Shobe, Kerwin B. Stephens, and the First Christian Church of Lubbock, Texas. Parcels 1 RR57 and 1 RR60 are located in the highway right-of-way of 191 Street between FM 179 (Inler Avenue) and Quitsna Avenue and Parcel 1 RR61 is located in the highway right-of-way of Clovis Highway (US 84), just east of North Frankford Avenue. TxDOT acquired these three parcels of highway right-of-way through easement or county court road dedication many years ago and now need to be acquired in fee simple title to legally allow the new railroad to cross these highway areas. Parcels 1 RR57 and 1 RR60 measure 100 -feet by 15 -feet and contain 1,500 sq. feet each and parcel 1 RR61 is odd shaped and contains 2,178 sq. ft. Tommy Cantrell MAI, appraised each of these parcels for $500 each which is our offer to the 3 sets of property owners. These resolutions being presented before the City Council ask for approval of these offers to these property owners for these parcels. These resolutions authorize the Right -of -Way Department to offer the property owners this apprised amount and if refused, institute condemnation proceedings to acquire these properties. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of our offers to these property owners.