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HomeMy WebLinkAboutResolution - 4929 - Right Of Way Offer- KK Salem Trust, KL Lowe Trust, Et Al-140.62 Acres - 08_24_1995Resolution No. 4929 August 24, 1995 Item #21 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 expansion of the Lubbock International Airport, 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 such 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 following described tract of land located in the Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: METES AND BOUNDS DESCRIPTION of a 140.62 acre tract of land in the Northwest Quarter of Section 1, Block D-3, G.C. & S.F. Railroad Company Survey, Lubbock County, Texas, being further described as follows: BEGINNING at a railroad spike found for the most Westerly Northwest corner of this tract in the West line of said Section 1, at the Southwest corner of a 16.53 acre tract of land described in Volume 1347, Page 469 of the Deed Records of Lubbock County, Texas; THENCE N. 89048'00" E., along the South line of said 16.53 acre tract, a distance of 900.10 feet to a 3/8" iron rod found at the Southeast corner of said 16.53 acre tract for a corner of this tract; THENCE N. 00018'40" W., along the East line of said 16.53 acre tract, a distance of 750.00 feet to a 1/2" iron rod with cap set in the South right-of-way line of East Bluefield Street as described in Volume 260, Page 134 of said Deed Records for the most Northerly Northwest corner of this tract; THENCE N. 89048'40" E., along said South right-of-way line, a distance of 1732.70 feet to a 1/2" iron rod with cap set in the East line of said Northwest Quarter for the Northeast corner of this tract; THENCE S. 00017' 10" E., along the East line of said Northwest Quarter, a distance of 2599.90 feet to a 1/2" iron rod with cap set for the Southeast corner of this tract in the North line of the South half of said Section 1, as surveyed by Hugo Reed and Associates November 7, 1980, from whence a 5/8" iron rod with cap found at the Northeast corner of said South half bears N. 89058'50" E., a distance of 2631.80 feet; THENCE S. 89058'50" W., along said North line, a distance of 2177. 40 feet to a 5/8" iron rod found in the North right-of-way line of F.M. Highway 2641 for a corner of this tract; THENCE N. 86016'20" W., along said North right-of-way line, a distance of 395.40 feet to a 1/2" iron rod with cap set in the East right-of-way line of Martin Luther King Jr. Boulevard for the Southwest corner of this tract; THENCE N. 00018'40" W., along said East right-of-way line, a distance of 43.10 feet to a 1/2" iron rod with cap set for a corner of this tract at the point of curvature of a curve to the left having a radius of 1155.00 feet; THENCE Northwesterly, along said East right-of-way line and said curve to the left having a central angle of 07°45'00", an arc distance of 156.23 feet to a 1/2" iron rod with cap set for a corner of this tract at a point of tangency; THENCE N. 08003'40" W., along said East right-of-way line, a distance of 144.24 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 00018'40" W., along said East right-of-way line, a distance of 301.33 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 89041'20" W., along said East right-of-way line, a distance of 30.00 feet to a 1/2" iron rod with cap set in the West line of said Section 1 for a corner of this tract; THENCE N. 00018'40" W., along said West line, a distance of 1173.30 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said tract being KAY KATHLEEN SALEM TRUST, KELLY LEE LOWE TRUST, LAUREN LOWE TRUST, AND THE TEXAS SCOTTISH RITE HOSPITAL FOR CRIPPLED CHILDREN n/k/a TEXAS SCOTTISH RITE HOSPITAL FOR CHILDREN, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $211,000, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described 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 is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of August , 1995. APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way DepjAment JH:js/EXP-LIA.RES ccdocs/July 28, 1995 APPROVED AS TO FORM: A5fl f Afirtsell, Assistant City Attorney -2- Transcription of Item #21 City Council Meeting August 24, 1995 (21.) Consider Resolution #4929 authorizing the Right -of -Way Department to make an offer to the Kay Kathleen Salem Trust, Kelly Lee Lowe Trust, Lauren Lowe Trust, and the Texas Scottish Rite Hospital for Crippled Children, nka Texas Scottish Rite Hospital for Children for a tract of land in Section 1, Block D-3, Lubbock County (Airport. Mayor Langston: Mr. Bucy. Ed Bucy: Right -of -Way Agent: Mayor and Council this a 140.62 acre tract of land, it's farm land. It is located at the northeast corner of Martin Luther King, Jr., Boulevard and Regis Street. It is being purchased for a runway protection zone area and for future aviation development area. And, it has been recommended for acquisition by the approved Airport Master Development Plan. Also, we're going to clean up an old eyesore as you go into the airport property going northward on MLK, there is an old barn, that a farmer is using right now, we're going to tear that down and clean that up as well. Jimmy Goddard was the appraiser of this property and Shaw Wofford was the review appraiser. Mr. Goddard's appraisal valued this property at $211,000, which is our offer to the landowners. He valued 133.62 acres of tract at $1,000 per acre or a $133,600 and the remainder of the acreage, which is seven acres, he valued as commercial or industrial and at about $11,057 per acre or $77,400. These seven acres of land are located right there at the intersection of Regis and MLK. The funding for this property is coming from the passenger facility charge, which is collected from the sale of airline tickets. The Right -of -Way Department today recommends our offer of $211,000 to the sellers. Mayor Pro Tern Neugebauer: Did they agree to take that? Mr. Bucy: About ten years ago they had the thing on the market for a half - million, so it's going to take some work. Councilmember Patterson: So it's going to take them awhile. Mr. Bucy: But that was ten years ago, there's been a big difference out there since then. Mayor Pro Tern Neugebauer: Do you ... this isn't an offer... contemplation of condemnation? Mr. Bucy: It's an offer and possible condemnation. Mayor: Any questions. Councilmember Patterson: Any chance he'll back out with your present offer? Is it possible to back him down from the 211? Mr. Bucy: That's what we're going with. Councilmember Patterson: I mean he won't back down, will he renege on that? Will he accept that or what? Mr. Bucy: No. We have not ... I'm sending out the offer letters today. We have to get it approved and sent it to him before we can really make the formal offer. Councilmember Cooke: This piece of land that does need to be acquired by the airport; except we really should done... Councilmember Ince: I would like a little bit more clarification on why that land is necessary. Do we have an Airport Director here? I think that Mark is here. Mark Earle: The land is the runway protection zone for one of the runways on the east side of the airport. The FAA requires you to purchase the land. Councilmember Ince: What is the runway objection zone? Mark Earle: A runway protection zone. Councilmember Ince: Protection zone. What's that? Mark Earle: The approach just before you reach the runway, where the aircraft is at its lowest point, just before you land. Councilmember Ince: Would that be a north -south runway? Mark Earle: It's a north -south runway on the east side of the airport. The G.A. runway. A conversation between Mayor Pro Tern Neugebauer and Councilmember Ince--inaudible. Councilmember Patterson: Yeah, it's a safety valve. Mark Earle: That's correct. Mayor Pro Tern Neugebauer: Didn't we recently resurface that? Mark Earle: Yes, we just overlaid the runway and overlaid the taxiway adjacent to it. It's over by Aero space hangar in that area. Councilmember Ince: Is that runway used for commercial or is that just private? Mark Earle: No. Private aircraft primarily because of the length. It's under 3,000 feet. Councilmember Ince: I didn't think ... I couldn't remember if it was used commercially. So that's in the protection plan of a private... Mark Earle: It's in the approved Airport Master Plan as well. Councilmember Ince: General Aviation. Councilmember Hernandez: And how long is that runway? Mark Earle: It's just shy of 3,000 feet. Ir Councilmember Patterson: Safety zone. Councilmember Sitton: I so move. Mayor: We have a motion by Councilmember Patterson: I second Mr. Mayor, I didn't make the motion I second the motion. Mayor: Motion by Councilwoman Sitton, second by Councilman Patterson that we approve the resolution. Any additional questions or comments? Hearing none I'll call for the question. All in favor response by saying "Aye." All: Aye. Mayor: Any opposed by "Nay." [No responses were given.] Mayor: This item is approved. 7 - 0.