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Home My WebLink AboutResolution - 2510 - Right Of Way Offer- TC Mclain & TO Wilkins- Public Park Purposes, Sec 29 Block A - 01_22_1987Resolution #2510 January 22, 1987 Agenda Item #17 HW:da 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 uses and purposes, to -wit: for public park purposes, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of 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 Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: BEGINNING at a point which is 1295.56 feet West and 2020.83 feet North of the Southeast corner of Section 79, Block A, Lubbock County, Texas; THENCE South 89°57'46" West a distance of 351.67 feet to a point; THENCE South 002'14" East a distance of 32.8 feet to a point, said point being in the Northeast right-of-way line of U.S. Highway 87 (Amarillo Highway); THENCE South 27105'14" East along the right-of-way line of said Highway 87 a distance of 234.75 feet to a point; THENCE South 23003'44" East continuing along the right-of-way line of said Highway 87 a distance of 624.79 feet to a point, said point being in the east line of MacKenzie State Park; THENCE North along the West line of said MacKenzie Park a distance of 816.94 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tract, being T.C. McLain and T.O. Wilkins, BE offered through the Right -Of -Way Department of the City of Lubbock the amount of $31,700, 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 22nd day of January , 1987. B.C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: r Tom Nivens, fight -Of -Way Agent APPROVED AS TO FORM: Narold Willard, Assistant City Attorney -2- HW:da CAUSE NO. 87-822193. CITY OF LUBBOCK, TEXAS § COUNTY COURT AT -:LAW N0.--1 VS. § OF T. C. McLAIN, ET AL § LUBBOCK COUNTY;�2EXAS ry x co r7 JUDGMENT J Came on to be considered the above entitled and numbered cause wherein the City of Lubbock is Plaintiff, and herein called "Plaintiff", and T. C. McLain, T. O. Wilkins and David Kimbrough, Chief Administrator for the Lubbock County Appraisal District, as Tax Assessor -Collector for the City of Lubbock, Texas, Lubbock Independent School District and Lubbock County, Texas, are Defendants, and are hereinafter called "Defendants", and the Court finding that none of the Defendants in this cause have timely filed an appeal of the Award entered by the Special Commissioners in Condemnation and filed in this proceeding with the Court on August 6, 1987, a copy of which Award is attached hereto as "Exhibit A" and made a part of this Judgment as if fully copied herein in this place, and the Court finding that the time for filing such an appeal has duly lapsed and that all jurisdictional prerequisites to entry of Judgment herein have been duly satisfied in all respects in compliance with the laws of the State of Texas, and all parties were duly served with notice of this proceeding or waived service of notice, the Court having examined the papers in this cause, and all matters herein concerned, and after due consideration, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Award of Special Commissioners in Condemnation BE, and the same is hereby made the Judgment of this Court and shall be recorded in the minutes of this Court as the Judgment of this Court (as made a part hereof as hereinabove set forth), that Plaintiff has the right to condemn as prayed for in its Statement in Condemnation (Petition), and said Petition is hereby granted, and said Plaintiff shall have and recover of and from said Defendants the fee simple title to the lot, tract or parcel of land described and prayed for in Plaintiff's Petition, and the fee simple title to said tract of land is hereby divested out of Defendants and vested in Plaintiff, said tract being described as follows: BEGINNING at a point which is 1295.56 feet West and 2020.83 feet North of the Southeast corner of Section 79, Block A, Lubbock County, Texas; THENCE South 89057146" West a distance of 351.67 feet to a point; THENCE South 0°2'14" East a distance of 32.8 feet to a point, said point being in the Northeast right-of-way line of U.S. Highway 87 (Amarillo Highway); THENCE South 27*05114" East along the right-of-way line of said Highway 87 a distance of 234.75 feet to a point; THENCE South 23003-'44" East continuing along the right- of-way line of said Highway 87 a distance of 624.79 feet to a point, said point being in the west line of MacKenzie State Park; THENCE North along the West line of said MacKenzie Park a distance of 816.94 feet to the POINT OF BEGINNING. It having been made known to the Court that Plaintiff deposited the sum of FIFTY-SEVEN THOUSAND AND N0/100 ($57,000.00) DOLLARS in accordance with said Award, into the registry of this Court (with its Clerk) on or about August 31, 19870 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that by reason thereof this Judgment is hereby declared to be paid off in full and satisfied, that the Defendants do have and recover against the Plaintiff the sum of $57,000.00, being the amount of said deposit, as the respective interests of said Defendants may appear, said sum of $57,000.00 to be distributed as hereinafter set forth. It appearing to the Court that there is due to Defendant, David Kimbrough, Chief Administrator for the Lubbock County Appraisal District and Tax Assessor -Collector for the City of Lubbock, Texas, Lubbock Independent School District and Lubbock County, Texas, the sum of $401.56 for taxes, penalty and accrued interest on the property herein condemned, the Clerk of this Court is hereby ordered to pay said sum to David Kimbrough, leaving a balance of $56,598.44 out of the total Award to be distributed. It appearing to the Court that said balance of $56,598.44 is due to Defendants T. C. McLain and T. O. Wilkins, the Clerk of this Court is hereby ordered to pay said balance of $56,598.44 -2- jointly to Defendants T. C. McLain and T. O. Wilkins and Ralph Brock, their attorney of record in this cause. It being determined by the Court that costs herein are hereby taxed against Plaintiff, and that the Plaintiff, City of Lubbock, has paid all Court costs in this proceeding, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that execution shall not issue for such costs. Rendered and signed this "� day of .,,,, !_ 1987. r � _ Judge, County Court at Law No. 1 of Lubbock County, Texas -3- { Exhibit A AWARD OF SPECIAL COMMISSIONERS CITY OF LUBBOCK § COUNTY COURT AT LAW NO. 1 VS. NO. 87-822193 § OF IN CONDEMNATION T. C. McLAIN, ET AL § LUBBOCK COUNTY TEXAS On the 6th day of August, 1987, came on for hearing before,:; the undersigned, A. T. Cocanougher, C. L. Harris and`_T. C. w 0 Ingram, Special Commissioners and disinterested freeholders of Lubbock County, Texas, and duly appointed by the Judge of the County Court at Law No. 1 of Lubbock County, Texas, to assess the damages accruing to.T. C. McLain; T. O. Wilkins; and David V. Kimbrough, Chief Administrator for the Lubbock Central Appraisal District, as Tax Assessor -Collector for the City of Lubbock, Texas, Lubbock Independent School District and Lubbock County, Texas, by reason of the condemnation and taking of real property fully described in Petiticner's Statement in Condemnation on file herein, and all parties having been duly notified of the time and place of meeting as required by law, and all parties appearing in person and by their attorneys, and after fully hearing said par- ties at the time and place of appointment, and all the evidence as to the damages which will be sustained by the above named De- 5 fendants by reason of such condemnation, we assess said damages in the sum of '�; 44-1 DOLLARS, and Petitioner shall pay all costs of this proceeding. ENTERED on the -�— day of L 1987. A. T. Cocanoughpt C." Ld Harris T. nigrafh Special Commissioners V