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Home My WebLink AboutResolution - 2000-R0126 - Right-Of-Way Offer - John D. & Gail Smiley, Et Al - East-West FRRP - 05_11_2000Resolution No. 2000 A0126 May 11, 2000 Item No. 15 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 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 to proceed with the acquisition of 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 the fee simple title of the surface estate and the easement interests to the following described parcels 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 1RR 48 John D. Smiley and wife, Gail Smiley, $93,100 Lois Mae Townsend Minnick, James E. Taylor, Jr.; Walter J. Taylor; and Mary Jane Taylor Crook SECTION 2. THAT the above -described parcels of land and easement interests 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 parcels of land and easement interests being John D. Smiley and wife, Gail Smiley, Lois Mae Townsend Minnick, James E. Taylor, Jr.; Walter J. Taylor; and Mary Jane Taylor Crook BE offered through the Right -of -Way Department of the City of Lubbock the amount of $93,100 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 and easement interests 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 and easement interests to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this I Ith ATTEST: k Kaythie damell City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way A ent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney Gs(cp)/East-West Freeway Railroad-Smiley,Minnick,Taylor-2.res ccdoes/May 1, 2000 W Resolution No. 2000—R 0126 May 11, 2000 WILS ON 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) Parcel No: 1RR48 Grantor: James Elliott Taylor JR., Walter J. Taylor, Mary Jane Taylor Crook Easement Interest Lois Mae Townsend Minnick, John D. Smiley & wife, Gail Smiley EXHIBIT "A" Being 0.61 hectares (1.51 acres) out of a 17.49 acre tract of land, more or less, being out of the East '/z of Section 23, Block J-S, E.L.& R.R. R.R. Co. Survey, Abstract 345, Lubbock County, Texas, as described in Volume 4128, Page 309: of the Official Real Property Records of Lubbock County, Texas, said tract of land was conveyed by deed dated August 25, 1966 by Elvie Stokes, etal. to J. Elliot Taylor recorded in Volume 1098, Page 663 of the Deed Records of Lubbock County, Texas, which said 0.61 hectares (1.51 acres) is more particularly described as follows; BEGINNING at a R.R. spike set in the East line of said 17.49 acre tract of land, more or less and the East line of Section 23, Block J-S and in the proposed South Railroad Right -of -Way line, for the Southeast and beginning corner of this parcel, whence the Southeast comer of Section 23, Block J-S, bears South 02°19'08" West, 632.795 meters ( 2076.09 feet); (1) THENCE North 87042'28" West, along the proposed South Railroad Right -of -Way line, at a distance of 18.288 meters (60.00 feet) pass a ''/z" Iron Rod with Cap, set in the West Right - of -Way Easement line of FM 2528, recorded in Volume 1045, Page 454 of the Deed Records of Lubbock County, Texas and continuing for a total distance of 130.630 meters (428.58 feet) to a ''/i" Iron Rod with Cap, set in the proposed South Railroad Right -of -Way line, for a corner of this parcel; (2) THENCE Northwesterly, along the arc of a curve to the right and the proposed Southerly Railroad Right -of -Way line, an arc distance of 70.321 meters (230.71 feet), to a ''/s" Iron Rod with Cap, set in the West line of said 17.49 acre tract of land, more or less and in the proposed Southerly Railroad Right -of -Way line, for the Southwest corner of this parcel, said curve has a radius of 582.126 meters (1909.86 feet) and a chord that bears North 84° 14'49" West, 70.278 meters (230.57 feet), PAR1RR48.DOC 3 (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 e UTAH (3) THENCE North 02°24' 13" East, along the West line of said 17.49 acre tract of land, more or less, out of the East %2 of Section 23, Block J-S, a distance of-3 0.709 meters (100.75 feet), to a '/z" Iron Rod with Cap, set in the West line of said 17.49 acre tract of land, more or less, out of the East '/Z of Section 23, Block J-S and in the proposed Northerly Railroad Right -of - Way line, for the Northwest corner of this parcel; (4) THENCE Southeasterly, along the arc of a curve to the left and the proposed Northerly Railroad Right -of -Way line, an arc distance of 70.281 meters (230.58 feet), to a ''/2" Iron Rod with Cap, set in the proposed Northerly Railroad Right -of -Way line, for a corner of this parcel, said curve has a radius of 551.646 meters (1809.86 feet) and a chord that bears South 84°03'28" East, 70.233 meters (230.42 feet); (5) THENCE South 87042'28" East, along the proposed North Railroad Right -of -Way line, at a distance of 112.356 meters (368.62 feet) pass a''/s" Iron Rod with Cap, set in the West Right - of -Way Easement line of FM 2528, recorded in Volume 1045, Page 454 of the Deed Records of Lubbock County, Texas and continuing for a total distance of 130.644 meters (428.62 feet) to a R.R spike set in the East line of Section 23, Block J-S and in the proposed North Railroad Right - of -Way line, for the Northeast corner of this parcel; (6) THENCE South 02°19'08" West, along the East line of said 17.49 acre tract of land, more or less, out of the East '/s of Section 23, Block J-S and the East line of Section 23, Block J- S, a distance of 30.480 meters (100.00 feet), to the P.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER 1998 G ..... .'.o� S rj'Q�..q 4 ;•n •.GARY 0. IML,SON •• .; `':� ......... 0....... .. h -o. REGISTERED PROF SIONAL LAND SURVEYOR �q9 4239 �• _ I " Note: English units are provided for information only 4 PAR1RR48.D0C (806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413 CITY OF LUBBOCK INTEROFFICE MEMO TO: Larry Hertel, City Engineer FROM: Ed Bucy, Right -of -Way Agent DATE: May 1, 2000 SUBJECT: Agenda Items and Comments for City Council Meeting on May 11, 2000 CITY OF LUBBOCK AGENDA ITEM SUMMARY CONSENT AGENDA ORDINANCE # 2000-00021 ITEM #/SUBJECT # An ordinance abandoning and closing an underground utility easement in Lot 8, Block 3, Burlington Industrial Addition No. 2, an addition to the City of Lubbock (108 East 42"d Street). BACKGROUND/DISCUSSION: This ordinance was read for the first time at the April 27, 2000 City Council meeting as a consent item. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of the second reading of this ordinance. CITY OF LUBBOCK AGENDA ITEM SUMMARY Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for May 11, 2000 Page ITEM #/SUBJECT # Consider a resolution authorizing the Right -of -Way Department to make offers to 6 property owners for one parcel of right-of-way for the East-West Freeway Railroad relocation project (north of Kent Street and west of North Frankford Avenue). BACKGROUND/DISCUSSION: This offer for Parcel 1 RR48 was originally on the March 23, 2000 City Council meeting as Resolution No. 2000-R0075. James E. Taylor, Jr., Walter J. Taylor, and Mary Jane Taylor Crook own this parcel. Lois Mae Minnick, John D. Smiley and Gail Smiley are easement owners in this parcel. This parcel is split into three parts with the Taylor's owning 1 RR48A, Mrs. Minnick owns 1 RR486, and the Smiley's owning 1 RR48C. The appraiser has revised the appraised value of 1 RR48C due to an ingress -egress problem. The original offer to the Smiley's, owners of 1 RR48C, was $22,600. The appraiser, Tommy Cantrell, re -appraised this parcel for a new offer of $28,500, an increase of $5,900. Our original offer to all six owners was $87,200 and our revised offer will be $93,100. This resolution being presented before the City Council asks for approval of this offer to these property owners for this parcel. This resolution authorizes the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire this property. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of our offer to these property owners. Ed Bucy Right -of Way Agent