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HomeMy WebLinkAboutResolution - 5445 - Right Of Way Offer - Cone Sisters Trust - Acquisition Of Land, Landfill Cover - 03_27_1997Resolution No.5445 Item #13 March 27, 1997 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: landfill cover material 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 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: A tract of land out of Section Thirty -Three (33), Block A, Lubbock County, Texas being further described as follows: BEGINNING at a 1/2" rod found for the Northeast corner of this tract, whence a 1/2" rod and cap (HRA) found for the occupational Northeast corner of Section 33, Block A, Lubbock County, Texas bears North 01 °26'29" East, 2199.51 feet (2200.00 feet surface), and South 88° 10' 19" East, 2619.33 feet (2619.92 feet surface); THENCE South 01 026'29" West, along the West occupational line of the East 1/2 (E/2) of said Section 33, 3093.28 feet (3093.98 feet surface) to a 1/2" rod found for the Southeast comer of this tract; THENCE North 88°10'08" West, 707.12 feet (707.28 feet surface) to a 1/2" rod set for the Southwest corner of this tract; THENCE North 01 °26'29" East 3560.50 feet (3561.30 feet surface) to a 1/2" rod set for the Northwest corner of this tract; THENCE South 54°50'01" East, 850.18 feet (850.37 feet surface) to the PLACE OF BEGINNING. SECTION 2. THAT the owner of said tract, being the Cone Sisters Trust, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $54,730, 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. SECTION 3. THAT Resolution No. 5394, dated January 23, 1997, is hereby repealed. Passed by the City Council this 27th , day of March , 1997. ATTEST: &ikm- 2 &hj,4� Kay# Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: -�-- Linda L. Chamales, Supervising Attorney/ Office Practice Section dkxcdocs/coneses March 11, 1997