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HomeMy WebLinkAboutResolution - 500 - Right Of Way Offer-KFYO Inc-82Nd & Quaker Imporvements, 3 Tracts Sec 11 Block E2 - 05/22/1980JPB/pg RESOLUTION #500 - 5/22/80 �V RESOLUTION • �N WHEREAS, the City of Lubbock, Texas, a home rule municipality located in Lubbock County, Texas, has determined that the public needs, necessity, safety, health, and welfare demands and create a public necessity for sloping, constructing, reconstructing, expanding, improving, realligning, widening, operating, repairing, and maintaining of 82nd Street and Quaker Avenue in the City of Lubbock, Lubbock County, Texas creating a need for additional land and also for 25,916 cubic yards of barrow (dirt fill) material to be taken from lands hereinafter described to accomplish such public municipal purposes as aforesaid, and the City Council of said City finds it would be to the public interest to acquire such land and barrow (dirt fill) material for said purposes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the fee simple title to the following described tracts of land be acquired for the public municipal purposes as set forth in the preamble hereof, to -wit: TRACT ONE BEGINNING at a point which is North 89° 59' 40" East 60 feet and North 00° 02' 46" East 40 feet from the Southwest corner of Section 11, Block E-2, Lubbock County, Texas; THENCE North 890 59' 40" East 146.00 feet to a point; THENCE North 00° 02' 46" East 25.00 feet to a point; THENCE South 89° 59' 40" West 100.97 feet to a point, said point being the beginning of a 30 foot curve in a Northwesterly direction whose radius point bears North 00° 00' 20" West 30.00 feet and having a delta angle of 90° 03' 06" and having an arc length of 47.15 feet; THENCE around said 30.00 foot curve in a Northwesterly direction an arc length of 47.15 feet to a point; THENCE South 890 59' 40" West 15.00 feet to a point, said point being in the East line of previous street dedication recorded in Volume 1184, Page 243 of the Deed Records at the Lubbock County Court House, Lubbock, Texas; THENCE South 000 02' 46" West along East line of said previous dedication a distance of 55.03 feet to the POINT OF BEGINNING. This tract of land contains 4294 square feet and 0.099 acres. TRACT TWO BEGINNING at a point which bears North 89° 59' 40" East 167.00 feet and North 00 2' 46" East 65.00 feet from the Southwest corner of Section 11, Block E-2, Lubbock County, Texas; THENCE North 890 59' 40" East 146.00 feet to a point, said point being on the North property line of 82nd Street and in the South Line of Lot 1, KFYO Addition to the City of Lubbock, Texas; THENCE South 870 08' 35" East along the North property line of 82nd Street 200.25 feet to a point; THENCE North 89° 59' 40" East along the North property line of 82nd Street 1,037.00 feet to a point, said point being the Southeast corner of Lot 2, KFYO Addition to the City of Lubbock, Texas; THENCE North 0° 2' 46" East along the East line of said Lot 2, KFYO Addition a distance of 75.00 feet to a point; THENCE South 89° 59' 40" West parallel to the North property line of 82nd Street 533.00 feet to a point; THENCE South 86° 44' 41" West 705.17 feet to a point; THENCE South 80° 17' 44" West 148.14 feet to the POINT OF BEGINNING. This tract of land contains 79,510.15 square feet or 1.825 Acres. SECTION 2. That title to 25,916 cubic yards of barrow (dirt fill) material be acquired to include ingress, egress, and regress to remove said barrow (dirt fill) material to fill in the North side of 82nd Street to a l to 10 slope upon TRACT TWO hereinabove described as a part of 82nd Street improvements, said barrow (dirt fill) material to be taken from a tract of land (designated TRACT THREE) hereinafter described which has a surface area of 95,400 square feet (or 2.19 acres), and the proposed barrow (dint fill) material from said tract of land at 7 to 1 side slopes will furnish 25,916 cubic yards of excavation of such barrow (dirt fill) material, said tract of land being described as follows: TRArT TVVVV BEGINNING at a point which is North 0° 2' 46" East 30.00 feet from the Northeast corner at the Easternmost boundary line of Lot 2, KFYO Addition to the City of Lubbock, Texas; THENCE North 00 2' 46" East 300.00 feet to a point; THENCE South 890 59' 40" West 318.00 feet to a point; THENCE South 0° 2' 46" West 300.00 feet to a point; THENCE North 89° 59' 40" East 318.00 feet to the POINT OF BEGINNING. Said ingress, egress, and regress by said City to be in, on, and upon said Tract Three. SECTION 3. That the owners of said land, including KFYO, INC., Seaton Publishing Company, Inc., and WEZY, INC., be offered through the Right -of -Way Department of the City of Lubbock the amount of $11,150 for Tract one and $ 11,300 for Tract two as the value and total damages, respectively, for the fee simple title and acquisition of said TRACTS ONE AND TRACT TWO, and the further sum of $3,900 for the value and total damages for the title to and acquisition of the 25,916 cubic yards of barrow (dirt fill) material hereinabove referred to and ingress, egress, and regress in and to and upon the surface of said Tract three for the taking and removal of said barrow (dirt fill) material, all of said acquisition amounting to a total offer of $ 26,355 to said owners and being for the public municipal uses and purposes as hereinabove stated and unless said offer is 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 to said TRACT ONE AND TRACT TWO hereinabove described and title to 25,916 cubic yards of barrow (dirt fill) material and ingress, egress, and regress to said City in, on, and upon Tract three hereinabove set forth. Passed by the City Council this 22nday of May , 19 80 BILL cALISTER, MAYOR A-TTESrT: _W • ; r ;,.Evelyn- Gaff -r City Se r -Treasurer APPROVED AS TO-CONTPNT: .[ .< w A 1.. - Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: s P. Brewster, Asst. City Attorney