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HomeMy WebLinkAboutResolution - 2000-R0135 - Interlocal Agreement-Lubbock Count-Engineering & Right Of Way Functions NCR 1330 - 05_25_2000Resolutiou No. 2000—RO1.35 May 25. 2000 Item No. 16 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement with Lubbock County to perform engineering and right of way functions in the relocation of North County Road 1330 as an essential development for the East-West Freeway. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th day of May _ 2000. WINDY SITTO . MAYOR ATTEST: mil/ Wlk� yt 'e arnell, City Secretary APPR ED AS TO CONTENT: j� Ed Bucy, Right of W y Agent APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney, Office Practice Section Resolution No. 2000—R 0135 May 25, 2000 Item No. 16 INTERLOCAL AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT is entered into on the 25th day of May , 2000, by and between the City of Lubbock, hereinafter referred to as "City," and Lubbock County, hereinafter called "County," both parties being political subdivisions and local governments of the State of Texas, pursuant to the authority granted by and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Government Code, and in furtherance of the purposes of these parties as provided by law. WHEREAS, the City of Lubbock, Texas, in order to promote the public safety, facilitate the safety and movement of traffic, and preserve the financial investment of the public in its highways, is cooperating with the Texas Department of Transportation in a relocation project known as the relocation of the West Texas and Lubbock Railroad by acquiring certain necessary land rights and the right-of-way required by the City of Lubbock for the construction of this project. This relocation is an essential development for the new controlled access highway facility known as the East-West Freeway; and WHEREAS, County holds an easement for North County Road 1330 recorded at Vol. 1294, Pg. 226, Deed Records of Lubbock County, Texas, a portion of which is included in the railroad relocation route; and WHEREAS, the right-of-way required for the route of this railroad relocation cuts off a portion of the Lubbock County road known as North County Road 1330 so that a portion of this road needs to be realigned; and WHEREAS, acquiring right-of-way, laying out, opening, engineering, constructing, and reconstructing of public roads are governmental functions that each party to this agreement is authorized to perform individually; and WHEREAS, the City desires to contract with County to perform reasonable and necessary engineering and right of way expenses for the relocation of North County Road 1330; NOW THEREFORE, the parties agree to the following: 1. DUTIES OF THE COUNTY: A. The County shall release that portion of the easement for North County Road 1330 recorded at Vol. 1294, Pg. 226, Deed Records of Lubbock County, Texas, containing 0.07 acres and described in Exhibit A, which is attached and incorporated herein by this reference as if fully set forth. B. The County shall acquire the property interests necessary to realign North County Road 1330 and provide access cut off by the railroad relocation; and C. The County shall hire engineers and build a road comparable to the current North County Road 1330 which is a caliche-improved county road; and D. The County shall keep complete and accurate records of all expenses incurred in acquiring the property and building the realigned road for reimbursement purposes. 2. DUTIES OF THE CITY A. The City shall reimburse the County from current revenues for the reasonable costs of (1) acquiring the right-of-way, (2) engineering and (3) building the new road for the realignment of North County Road 1330; and B. The City shall cooperate with and provide assistance to the County in the acquisition of the right-of-way and the building of the realigned county road. 3. INDEMNIFICATION. To the extent authorized by law, the City and the County shall each hold the other harmless from any claim or damages of any nature whatsoever arising from the acts of its own officials and employees in connection with this agreement. EXECUTED this 25th day of May , 2000. ZZ rm— LUBBOCK COUNTY: �1-6urw WINDY SIYTON, MAYOR TOM HEAD, COUNTY JUDGE At. ythi arnell, City Secretary APPROVED AS TO CONTENT: 4,6,6 14�� Ed Bucy, Right of Wa Agent ATTEST: Doris Ruff, Mmty Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: �-- C C���a—�—,., �� �F-�.��•�1LJJcc7�'1�rx.-Ga,cv Linda Chamales, Supervising Attorney B.J. "Beni" Hemmeline, Civil Chief Office Practice Section, City of Lubbock County Criminal District Attorney's Office PLAT OF SURVEY ON A 0.07 ACRE TRACT OF LAND OUT OF Resolution No. 2000—RO131 THE NORTHWEST 160 ACRES OF SECTION 19, BLOCK JS, E.L. & R.R. R.R. Co. SURVEY, LUBBOCK COUNTY,TEXAS SEC77ON LINE 50' COUNTY RD. R.O.W. _-- —(Vol. 1366, Pg. IB2) ON ELEC OH ELEC "''V O W ` C.R.M.W.t UNE a9`1� 7, b c `pv °� --------------------- �7 tG I fl I a: 5.715 ACRES a TRACT 1 1 , I os REESE ACRES I �� I g� S_87037'30" iE FROM THIS POINT THE N.W. CORNER OF SEC. 19, BLK. JS BEARS N 87°37'30" W. 2111.92, 2°01'44" W PROP. R.R. R.O�W. r C.R.M.W-k / 66' R.O.W. ESMT. (Vol. 982. Pg. 572) 920 QA a SECTION 19, BLOCK J—S, LUBBOCK COUNTY, TEXAS DESCRIPTION SCALE: i "=50' MAY 2, 2000 • =SET 1/2" ROD W/CAP ®=FOUND 1/2" ROD W/CA BEGINNING at a 1/2" iron rod and cap, found for the Northeast corner of a 5.715 acre tract of land out of the Northwest 160 acres of Section 19, Block JS, E.L. & R.R. R.R. Co. Survey, Lubbock County, Texas and being the Northeast comer of this 0.07 acre tract of land, whence the Northwest comer of said Section 19. Block JS bears North 87.37'30" West, 2111.92 feet; THENCE South 2.01144" West, along the East line of said 5.715 acre tract, 32.62 feet to a 1/2" Iron rod with cap, found for the Southeast comer of this tract; THENCE South 29922'39" West, along the proposed Southeasterly right of way line of the West Texas and Lubbock Railroad, 87.07 feet to a 1/2" iron rod with cap, set in the existing West line of a 40 foot road easement, for the Southwest comer of this tract; THENCE North 2*01144" East, along the West line of said 40 foot road easement, 110,19 feet to a 1/2" iron rod with cap, set in the North line of sold 5.715 acre tract and being the North line of sold Section 19. Block JS, for the Northwest comer of this tract; THENCE South 87*37130" East, along the North line of said 5.715 acre tract and said Section 19, Block JS, 40.00 feet to the Place of Beginning. CONTAINING 0.07 acres. Bearings are grid bearings based on Interstate 27 control points as established by Txdot from Lambert Grid System. NAD27. Texas North Central Zone. This survey and all informationhereon is for the exclusive use of --CITY OF LUBBOCK, LUBBOCK COUNTY---- �� OF lF and shall not be copied or used except for the purpose for which gP,.o�srf9':�9 it is expressly furnished. This drawing and all copies (partial or Co Fa complete) shall r turned to the ow emand. :...............:... GARY D. WILSON ..... 09 ............... eg s tired Pro a sfonat Land urveyor `py�•°.;Es§!o y0�• WILSON SURV PING Co., Registered Professional Land Surveyors * Glottal Positioning System Surveyors 3330 70th ST. SUITE 201 • LUBBOCK, TX. 79413 (806) 792-4731 • FAX (806) 792-1646 CITY OF LUBBOCK. INTEROFFICE MEMO TO: Larry Hertel, City Engineer FROM: Ed Bucy, Right -of -Way Agent DATE: May 12, 2000 SUBJECT: Agenda Items and Comments for City Council Meeting on May 25, 2000 CITY OF LUBBOCK AGENDA ITEM SUMMARY CONSENT AGENDA ITEM #/SUBJECT # Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Lubbock County for relocation of North County Road 1330 as part of the East-West Freeway Railroad Relocation Project (south of Ursuline Street, west of FM 179). BACKGROUND/DISCUSSION: This interlocal agreement with the County is for the East-West Freeway Railroad Relocation Project. North County Road 1330 (Naples Avenue) is a north -south county road approximately 3100 feet west of FM 179 on the south side of Ursuline Street. The new railroad route will cut off Naples Avenue at its intersection with Ursuline Street, not allowing any northbound traffic to access Ursuline. To solve this denial of access, additional right-of-way will be purchased by the County for a new county road that will run along the east side of the new railroad right-of-way and connect to Ursuline. TxDOT has agreed to pay for this County acquisition under the stipulation that the City will reimburse the County for all costs and then the State will reimburse the City. Cost will include engineering, surveying, appraisal and acquisition of the new road right-of-way A.. Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for May 25, 2000 Page 2 The County has agreed to this interlocal agreement and will abandon the existing road easement once the new one is acquired. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of this agreement. 4"�;7"4 ",_7 Ed Bucy Right -of Way Agent