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HomeMy WebLinkAboutResolution - 078 - Right Of Way Offer Correction- Robert A. Gentry - 2 Parcels, Sec 13 Block E2 - 02/22/1979JWF:yb RESOLUTION NO. 78 WHEREAS, Resolution No. 10 as passed by the City Council on January 11, 1979, which resolution was concerned with authorizing the making of a formal offer, and authorizing condemnation if not accepted, to Robert A. Gentry for a parcel of land out of Section 13, Block E-2, described only one parcel of land needed for public drainage purposes, which was in error in that two parcels of land are needed for such purposes, and were in- tended to have been described therein; and therefore said Resolution No. 10 needs to be repealed, and a new resolution passed in its place to correct such error; WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and im- provement of the publicdrainage facilities of said City in said City creating a need for additional drainage easements by said City at accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of drainage easement titles to land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT said Resolution No. 10 referred to in the preamble hereof is hereby repealed in its entirety. SECTION 2. THAT a drainage easement titles for public drainage in, upon, along, over, and across the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Public Drainage Easement titles for two parcels of land out of Section 13, Block E-2, Lubbock County, Texas, being more parti- cularly described as follows: Parcel No. 1 - BEGINNING at a point'169.22 feet North and 40.00 feet West of the Southeast corner of the Northeast quarter of Section 13, Block E-2; THENCE 10.00 feet South to a point; THENCE 600.00 feet West to a point; THENCE 20.00 feet North to a point; THENCE 600.00 feet East to a point; THENCE 10.00 feet South to the POINT OF BEGINNING. Parcel No. 2 - BEGINNING at a point which is 816.00 feet North and 40.00 feet West of the Southeast corner of the Northeast quarter of Section 13, Block E-2; THENCE South 10.00 feet to a point; THENCE West 600.00 feet to a point; THENCE North 20.00 feet to a point; THENCE East 600.00 feet to a point; THENCE South 10.00 feet to the POINT OF BEGINNING. SECTION 3. THAT the owners of said land including ROBERT A. GENTRY, BE offered through the Right -of -Way Department of the City of Lubbock the amount of ONE THOUSAND FOUR HUNDRED DOLLARS ($1,400.00) which is the amount appraised as the value and total damages for the public drainage easement titles acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, 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 drainage easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 22nd day of Februar 1979. Y DI WEST, MAYOR APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: -A J. Lm, Assistant Ci ttorney