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HomeMy WebLinkAboutResolution - 022764H - ROW Offer- D.L Pemberton, Et Al.- Loop 289 Improvements, Lot 1 Demarco Addition - 02_27_1964 _ I RESOLUTION I WHEREAS, the City of Lubbock and the State of Texas, by and through the State Highway Commission, have entered into a contract as empowered and au- thorized by Art. 6673-b, Vernon=s Annotated Civil Statutes, providing for the location, construction and maintenance of that part of the State Highway sys- tem, which has heretofore been designated as Loop 289 by the State Highway Commission; and, WHEREAS, under the terms of the contract the procurement and acquisition �- of the necessary land needed for road right of way purposes is the obligation of the City of Lubbock; anti, WHEREAS, the State Highway Commission has deemed it necessary to order to make certain highway improvements in connection with said "Loop 289" sit- uated in and adjacent to the City of Lubbock and to the end that this purpose be accoipplished, the necessity of which is hereby confirmed by the City Coun- cil 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 own or have some character interest in land needed for the location, construc- tion 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 the amount of $ 48,296,00 and the Council finds said amount to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the fee simple title to the following described land situated in Lubbock 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, safd 'Loop 289" as a desig- nated part of the State Highway System, which land is more particularly de- scribed as follows: 0.996 of one acre, same being out of and a part of Lot 1, DeMarco Addition to the City of Lubbock, a plat of said addition being of record in Volume 830, Page 235, Deed Records of Lubbock County, Texas, which Lot 1 was conveyed to D. L. Pemberton, et al by deeds dated, April 3, 1963, of record in Volume 934, Page 115, and Volume 934, Page 127, Deed Records of Lubbock County, Texas, which 0.966 of one acre being more particularly described by metes and bounds as follows: BEGINNING at a one inch iron pipe, the Northwest corner of said Lot 1, said pipe being 4,327.48 feet North 890 501 East from the North- west corner of Section 15, Block A; THENCE South 890 58t East 74.3 feet along the North boundary line of Lot 1; THENCE South 360 13' West 566.7 feet along a line parallel to and 140.0 feet Easterly from the center line of a proposed highway, to a point in the South boundary line of said Lot 1; THENCE North 890 581 West 138.4 feet along said South boundary line to a one inch iron pipe the Southwest corner of said Lot 1; THENCE North 460 02t East 200.2 feet along the West boundary line of said Lot 1; THENCE North 380 412 East 407.7 feet along said West boundary line to the PLACE OF BEGINNING. 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 the City Attorney is hereby authorized and instructed to institute condemnation proceedings to acquire the fee simple title to said land as here- inabove described for highway purposes. Approved and passed by unanimous vote of the Council this 27th day of February , 19 64 J4KF. STRONG, Mayor ATTEST: - -• Forth Approved 4 re4 City Attorney Laveidi7a 'Lowe, C i t y'4tecreta -y:-Treasurer