HomeMy WebLinkAboutResolution - 042359E - Land Acquisition - Joe S. Mcilhaney - Section 5 Block E - 04_23_1959 f�- RESOLU+TION
WHEREAS, the City of Lubbock and the. State of Texas, by and through.-
the State Highway-,Commission, Nave entered into a contract as empowered
and authorized by Art. -6673-b, Vernon's Annotated Civil Statutes, providing
for the location, construction and maintenance of that part of the State Highway
system, which has heretofore been designated as Loop 289 by the State High-
way Commission;.and,
WHEREAS, under the terms of the contract the procurement and acquisitiozi
of the necessary land needed for road right of way purposes is the obligation of th`
City of Lubbock; and,
WHEREAS, the State Highway Commission has deemed it necessary in orde
to make certain highway improvements in connection with said "Loop 2891, situate
in and adjacent tp'the City of Lubbock and to the end that this purpose be accom-
plished, the necessity of which is hereby confirmed by the City Commission of
the City of Lubbock, it is necessary that fee simple title to the land hereinafter
described be acquired by the City of Lubbock in fulfillment and satisfaction of
its contractual obligations to the State of Texas; and,
WHEREAS Joe S. McIlhaney &: wife, Io McIlhaney
own:or:have some character interettin_land needed for the Iocation,: construction
and maintenance of said Loop 289, and the value and total damages to the owners
for the fee simple title to said land have been appraised in tie amount of
$36..59A.-�`__--_____ and the Commission finds said amount to be fair and
equitable; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:`
THAT the fee simple title to the following described land situated ;in Lub-
bock County, Texas, be acquired by the City of Lubbock for and on behalf of
the State of Texas for the purpose of opening, constructing and maintaining in
conjunction with the State Highway Commission, said "Loop 289" as a designated
part of the State Highway System, which land is more particularly described
as follows:
54:651 acres of land in three parcels, being out of and a part of
the northeast one-quarter of Section 5, Block E, Lubbock County,
Texas, which northeast one-quarter was conveyed to Joe S. Mcllhaney
by deed dated 18 Feb. 144, of 'record in vol.275, page 148, Deed
Records of Lubbock County, Texas, which 54.651 acres of land is more
particularly described by metes and bounds as follows:
TRACT "Arf
BEGINNING at a point in the east boundary line of said section, said
point being 1665 feet south of the northeast corner of said section;
THENCE southerly 300 feet along said east boundary line, to a point;
THENCE S 890 57S W, 620.7 feet along a line parallel to and 150 feet
southerly from the centerline of a proposed freeway as established in
the field by the Texas 'Highway Department to a point;
THENCE S 80°29' W, 304.1 feet, to a point;
4ZM,,1
RISOLUTION
WFTEREAS, the C%ty of Lubbock and the State, of Texas, by and through:
� the State Hi hwa Commisaion, hove entered into. a contract as empowered
and:amtthoariz d by-Art. 6673-b Vernon's Annotated Civil Statutes, providing
far.the W4*don, construction and maintenance of that part of the Stat* l ghway`"
system, why c.h,has heretofore been designated. as Loop 289 by the Sta I4 :gh-
Wa.y Commission;,and,
WHELREAS, under the terms of the contact the procurement awad.acquisitfam
of the necessary laud needed for road right of way purposes is the, obligation of th
City of Lubbock.; and,
WHEREAS, the. ghway Commission has deemed.it neceasarl-in order
to rnaiFe certain h g'hwa .improvements in connection with: id �RLoaig Z" stuate
in and adjacent tPIA e City of Lubbock and to the end that this purpose be a carYx-
g1ished' the necessity of wh�itsla i hereby confirmed by the City Cc rx�rnissivxs of
the City of Lubbock,. :it is neceeisary that fee simple title to the land hereinafter
described be acquired by the City of Lubbock in fulfillment and satisfaction of
its contractual obligations to the State of Texas; and,
WHEREAS Joe « X*Ilhaney : wife, 16 MaIlhaney
own:or'have some character intere.st_iz0and needed for the location, co�ast�c �r
and maintenance of said Loop 289, and the value and total damages to the owners
for the fee simple title to said land have been appraised in- amount of
and the Commission finds said amount to be fair and
e;F@ta N; Now ORE:
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:`
THAT the fee simple title to the following described land.situated)'in .Lub-
bock County, Texas, be acquired by the City of Lubbock for and on behalf of
the State of Texas fox .the purlp se of opening, constructing and maintaining in
comunct en with the°'.State Highway Commission, said "Loop Z 9" as a designated
part .of the.. State Highway System, which land is more .particularly described
as fellows:
54'651 acres of Land in three parcels, being out of and a part of
the northeast one-quarter of Section 5, Block Z. Lubbock County,
Texas, which northeast one-quarter was conveyed to Joe S. c.Ilhaney
by deed dated 18 Feb. '44, of record in vo1.275, page 148, Deed
Records of Lubbock County, Texas, which 54,651 acres of land is more
particularly described by metes and bounds as follows:
TRACT "A"
BEGINNING at a point in, the east boundary line. of said section, said
point being 1665 feet south of the northeast corner of said section.;
WHENCE southerly 300 feet along said east boundary line$ to a point;
THENCE S.1896 57' W., 620.7 feet along a line parallel to and 150 feet
southerly from the centerline of a proposed freeway as established is
the field by the Texas 'Nighway Department to a point;
THENCE S 80629' W, 3o4.i feet, to a point;
rILL ju�_ F
%F-1ZN-al 0
THENCE 89-5 1 Wo 900 feet along a line parallel to and 200 feet
southerly from said centerline to the beginning of a curve;
THENCE in'a southwesterly direction along a circular curve to the
left, the center of the curve being S 0* 031 E, 165 feet from the
beginning of the curve, a distance of 226.8 feet, to a point;
THENCE S110 12`1 W, 458A feet, to a point;
THENCE IN A southwesterly direction along a circular curve to the
right, the center of the curve being N 78° 481 Wo 327 feet from the
beginning of the curve, a distance of 42.2 feet, to a point in the
south boundary -line of said northeast quarter section;
HENCE s 89,, 4,94 Wo 504.9 feet along ,said south boundary line, to a
point in the east right-of-way line of a highway;
THENCE northerly 8636.3 feet along the said right-of-way line to a.
point in the north boundary line of said section;
THENCE easterly 10 feet along the north boundary ]Lne of said section
to a point;
THENCE s 60 53f E, ` 26w9 feet, to a paint;
CE S 00 03.1 E, 151.5 feet, to a point;
`HENCE in a southeasterly direction alone a circular curve to the
left, the center of the curve being N \+9n`; 57* E, 215 feet from the
beginning of the curve, a distance of 913 feet, to a point;
THENCE s 56°-4$`t E, 374.1 feet, to a point;
THENCE S 16a48c E, 454.7 feet, to a point;
THENCE in a southeasterly direction along a circular curve to the
left, the center of the curve being N 73° 121 E, 165 feet from the
beginning of the curare, a distance of 210.9feet, to a point;
THENCE N 89" 57"t E, 900 feet along a Line parallel to and: 200 feet
northerly from, said centerline to a. point;
THENCE 5 800 35' E, 304.1 feet, to a. point;
THENCE N 89-77:0_E, 620.7 feet along a Line parallel to and, 150 feet
northerly froth. said centerline to the place of beginning and contains
40.109 acres.
TRACT "Bt'
BEGINNING at a point in the said north line of parcel "A", said point
being 920.7 feet west and 1613.9 feet south of the northeast corner o
said northeast ore-quarter;
THENCE 889°5'7" , 900 feet along said north line to the beginning of
a curve;
THENCE continuing along said north One in a curve to the northwest,
the center of the curve being N 0°031 Wo, 165 feet from the beginning
of the curve,, a distance of 210.9 feet, to a point;
THENCE continuing. along said litre, N 16° 48t W,, 190.6 feet, to a poi.n
THENCE N 89° 57"E, 1112.9 feet along a line parallel to and 500 feet
northerly from the centerline, to a point;
THENCE S 0*031 E, 300 feet to the place of beginning and contains 7.2 9
acres.
TRACT "C"
BEGINNING AT a poin# in the said south line of parcel "A", said point
being 920*7 feet went and 201.3o9 feet south of the northeast corner
u of said northeast ones-quarter;
THENCE ff 89*57t W, 9o0 feet along said south line to the beginning of
a curve;
THENCE continuing along said south line in a curve to the southwest,
the center of the curve being S 0° 03' E, 1.65 feet from the beginning
of the curve, a distance of 226.8 feet, to a point;
TMCE S 11' 121 W, 170,.5 feet along said line, to a point;
THENCE E 89' 5711 to 1095.1 feet along a line parallel to and 500
feet southerly from the centerline, to a point;
THENCE N 00 '03f W, 300 feet to the place of beginning and contains
7•253 acres.
1
TRkT the owners, of said land be offered, -through the Rigkd of WaV Jtstrt
meat, the a=ouat appraised as the value and total daua.lea fisr the fee simple
Ut e. a4d ;xcquis Lion of said land for the purposes ber*iA stated, for the. use and
beOefit of the City of Lubbock and mate of Texas, and valeas, accepted; forthwith
the City A#ornoy is'berehy authorized and instructed t(a instititte condernaAon
proce"ngs to acg%dre the fee simple title to said land as hereinabove described
for highway purposes.
Approved and passed by unanimous vote of theCon=aission this 23rd
day of April 19 59 .
Afi ' T Me+rd'
f
LavenialLowe, City Cretar -Trea:surer
014
THENCE 890571 W. 900 feet along a line parallel to and 200 feet
southerly from said centerline to the beginning of a curve;
L THENCE in a southwesterly direction along a circular curve to the
left, the center of the curve being ,S 0° 031 E, 165 feet from the
beginning of the curve, a distance of 226.8-feet, to a point;
THENCE 3110 121 W, 458.4 feet, to a point;
THENCE. IN A southwesterly direction along a circular curve to the
right, the center of the curve being N 780 481 W, 327 feet from the
beginning of the curve, a distance of 42.2 feet, to a point in the
south boundary _line of said northeast quarter section;
THENCE S 89° 4$1 W, 504.9 feet along said south boundary line, to a
point in the east right-of-way line of a highway;
THENCE northerly 2636.3 feet along the said right-of-way line to a
point in the north boundary line of said section;
THENCE easterly 10 feet along the north boundary Xne of said section
to a point;
THENCE S 60 531 E, 1326.9 'feet, to a point;
THENCE S 00 030 E, 151.5 feet, to a point;
THENCE in a southeasterly direction along a circular curve to the
left, the center of the curve being N 09° 57t E, 215 feet from the
beginning of the curve, a distance of 213 feet, to a point;
THENCE S> 560481 E, 374.1 feet, to a point;
THENCE S 160`481 E, 454.7 feet, to a point;
THENCE in a�southeasterly direction along a circular curve to the
left, the center of the curve being N ?3° 121 E, 165 feet from the
beginning of the curve, a distance of 21019feet, to a point;
THENCE N 89w 57t E, 900 feet along a line parallel to and 200 feet
northerly from said centerline to a point;
THENCE S 806 351 E, '304.1 feet, to a point;
THENCE N 89057t _E, 620.7 feet along a line parallel to and 150 feet
northerly from said centerline to the place of beginning and contains
40.109 acres.
TRACT "B"
BEGINNING at a point in the said north line of Parcel "A", said point
being 920.7 feet west and 1613.9 feet south of the northeast corner o
said northeast one-quarter;
THENCE 6. 89057t W, 900 feet along said north line to the beginning of
a curve;
THENCE continuing along said north line in a curve to the northwest,
the center of the curve being N 0*03t W, 165 feet from the beginning
of the curve,, a distance of 210.9 feet, to a point;
THENCE continuing along said line, N 16`° 48t W, 190.6 feet, to a poin ;
THENCE N 890 571 E, 1112.9 feet along a line parallel to and 500 feet
northerly from the centerline, to a point;
THENCE S 00631 E, 300 feet to the place of beginning and contains 7.219
acres.
TRACT "C"
BEGINNING AT a point in the said south line of Parcel "A", said point
being 920.7 feet webt and 2013.9 feet south of the northeast corner
of said northeast one-quarter;
THENCE a 89°57t w, 900 feet along said south line to the beginning of
a curve;
THENCE continuing along said south line in a curve to the southwest,
the center of the curve being S 00 03' E, 165 feet from the beginning
of the curve, a distance of 226.8 feet, to a point;
THENCE S 11° 12' W, 170.5 feet along said line, to a point;
THE14CE N 890 57" E, 1095.1 feet along a line parallel to and 500
feet southerly from the centerline, to a point;
THENCE N 0`031 W, 300 feet to the place of beginning and contains
7.253 acres.
THAT the owners of said land be offered, through the Right of Way Depart
ment, the amount appraised as the value and total damages for the fee simple
title and acquisition of said land for the purposes herein stated, for the use and
benefit of the City of Lubbock and 'State of Texas, and unless accepted forthwith j
the City Attorney is,hereby authorized and instructed to institute condemnation
proceedings to acquire the fee simple title to said land as hereinabove de scri bed
i
for highway purposes.
Approved and passed by unanimous vote of the Commission this 23rd
day of April 19 59
L-ENNIS RAKER, Mayor
ATTEST: I
___
Lavenia owe, City4cretar' ,-'treasurer
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