HomeMy WebLinkAboutResolution - 3255 - Right Of Way Offer - Weldon Reed - Restrictive Easement, LAH - 12_07_1989Resolution # 3255
December 7, 1989
Item ff14
JWF: js
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located
in Lubbock County, Texas, has determined and does hereby determine the pub-
lic needs, safety and welfare demand and create a public necessity for the
acquisition of the fee simple title and easement title to additional land
for municipal public uses and purposes, to -wit: for fee simple title to
land for reservoir area and road parcels, and any other lawful purpose in
connection with the extension of the water works system of the City of
Lubbock, and for easement title to land for flood and restrictive easement
purposes, which easement grants City; (a) the right to intermittently over-
flow, flood or cover such land, at any time with flood, slack or backwater
created by construction, maintenance and operation by City of its proposed
Lake Alan Henry Reservoir, also known as the Justiceburg Dam and the Reser-
voir and for the storage of water created by the construction of the Dam;
(b) the right to enter upon said land, with due notice and without loiter-
ing, to clear, destroy or dispose of any timber, brush, obstruction, accumu-
lation, trash, filth or any other thing which would in any way interfere
with the construction, maintenance and operation of such dam and reservoir
or tend to render the same unsafe or unsanitary and to prevent the drainage
or dumping of refuse, sewage or other material into such reservoir and to
carry out an adequate program of pollution control; and (c) the right to
prevent the construction of, or the removal, with due notice, of any struc-
ture of facility located or to be located on said land, in connection with
the extension of the water works system of the City of Lubbock, 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, designated as "RESERVOIR AREA" located in Garza County, Texas, be
acquired for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
RESERVOIR AREA
FIELD NOTES on a 2.33 acre tract of land out of the Southwest 1/4 of
Section 117, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas
and being more particularly described as follows:
BEGINNING at a 1/2" iron rod, set at the intersection of the South
line of said Section 117, with contour elevation 2220, Mean Sea Level,
National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) whence the
Southwest corner of said Section 117, a 1 1/4" iron pipe, as set by
F.M. German in 1895, bears North 88121'20" West, a distance of 2362.56
feet, said corner being the common corner of Sections 116, 117, 135
and 136;
THENCE along said contour election 2220, MSL, NGVD 1929, the following
meandered courses and distances:
North 16°07'35" East, a distance of 56.81 feet;
North 05°34'10" East, a distance of 106.83 feet;
North 51015'03" East, a distance of 47.12 feet;
North 43104'53" West, a distance of 77..87 feet;
North 18023'00" East, a distance of 44.43 feet;
South 89047'23" West, a distance of 79.30 feet;
North 56054'59" West, a distance of 117.21 feet;
North 88059'20" West, a distance of 100.13 feet;
South 16051'57" West, a distance of 48.48 feet;
South 74014'53" West, a distance of 116.72 feet;
South 62059'24" West, a distance of 94.01 feet;
South 83052'42" West, a distance of 54.82 feet;
North 56006'25" West, a distance of 265.89 feet;
North 21°25'30" West, a distance of 66.83 feet;
North 72009'22" West, a distance of 18.88 feet to a set 112" iron rod;
South 36014'45" West, a distance of 18.45 feet;
South 27052'24" East, a distance of 60.48 feet;
South 47051'59" East, a distance of 87.38 feet;
South 37°19'40" East, a distance of 153.77 feet;
South 42039'18" West, a distance of 29.07 feet;
South 39051'57" East, a distance of 34.44 feet;
- 2 -
South 68°03'24" East, a distance of 57.63 feet;
North 65°02'45" East, a distance of 181.55 feet;
South 87125'42" East, a distance of 125.84 feet;
North 77047'11" East, a distance of 52.13 feet;
South 19033'32" East, a distance of 47.38 feet;
North 56043'11" East, a distance of 54.08 feet;
South 58055'22" East, a distance of 81.84 feet;
South 00043'49" East, a distance of 73.76 feet;
South 31144'04" West, a distance of 44.29 feet;
South 07031'08" West, a distance of 12.29 feet;
South 22029'26" West, a distance of 25.88 feet to a point in the South
line of said Section 117 and the north line of Section 116;
THENCE South 88°21'20" East, leaving said contour elevation 2220, MSL,
NGVD 1929, along the South line of said Section 117 and the North line
of Section 116, a distance of 111.90 feet to the POINT OF BEGINNING.
CONTAINING 2.33 acres.
SECTION 2. THAT the fee simple title to the two (2) following 'tracts
of land designated as ROAD PARCEL "A" and ROAD PARCEL "B," both of said
tracts being located in Garza County, Texas, be acquired for public purposes
and municipal purposes as set forth in the preamble hereof, to -wit:
ROAD PARCEL "A"
FIELD NOTES on a 0.02 acre tract of land out of the Southwest 1/4 of
Section 117, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas
and being more particularly described as follows:
BEGINNING at a 1/2" iron rod, set at the intersection of the South
line of said Section 117, with the North line of a proposed road, for
the most Westerly and beginning corner of this tract, whence the
Southwest corner of said Section 117, a 1 1/4" iron pipe, as set by
F.M. German in 1895, bears North 88°21'20" West, a distance of 2181.62
feet, said corner being the common corner of Sections 116, 117, 135
and 136;
- 3 -
THENCE Northeasterly, along the arc of a curve to the right, the North
line of said proposed road, an arc distance of 81.91 feet to a 1/2"
iron rod, set in contour elevation 2220, Mean Sea Level, National
Geodetic Vertical Datum of 1929, (MSL, NGVD 1929), for the Northeast
corner of this tract, said curve has a radius of 2411.83 feet, a cen-
tral angle of 01056'45", tangent lengths of 40.96 feet, and a chord
that bears North 74028'03" East, a distance of 81.90 feet;
THENCE South 22029'26" West, along said contour elevation 2220, MSL,
NGVD 1929, a distance of 25.88 feet to a point in the South line of
said Section 117, and the North line of Section 116, for the Southeast
corner of this tract;
THENCE North 88121'20" West, leaving said contour elevation 2220, MSL,
NGVD 1929, along the South line of said Section 117 and the North line
of Section 116, a distance of 69.04 feet to the POINT OF BEGINNING.
CONTAINING 0.02 acres.
ROAD PARCEL "B"
FIELD NOTES on a 0.51 acre tract of land out of the Southwest 1/4 of
Section 117, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas
and being more particularly described as follows:
BEGINNING at a 1/2" iron rod, set at the Southeast corner of the
Southwest 1/4 of said Section 117, for the Southeast and beginning
corner of this tract, whence the Southwest corner of said Section 117,
a 1 1/4" iron pipe, as set by F.M. German in 1895, bears North
88021'20" West, a distance of 2644.32 feet, said corner being the com-
mon corner of Sections 116, 117, 135 and 136;
THENCE North 88021'20" West, along the South line of said Section 117
and the North line of Section 116, a distance of 281.76 feet to a 1/2"
iron rod, set in the contour elevation 2220, Mean Sea Level, National
Geodetic Vertical Datum of 1929 (MSL, NGVD 1929), for the Southwest
corner of this tract;;
THENCE North 16007'35" East, along said contour elevation 2220, MSL
NGVD 1929, a distance of 56.81 feet to a 1/2" iron rod, set in the
North line of a proposed road, for the Northwest corner of this tract;
THENCE Northeasterly, leaving said contour elevation 2220, MSL, NGVD
1929, along the arc of a curve to the right, the North line of said
proposed road, an arc distance of 242.65 feet to a 1/2" iron rod, set
for a corner of this tract, said curve has a radius of 2411.83 feet, a
central angle of 05045'52", tangent lengths of 121.43 feet and a chord
that bears North 81011'41" East, a distance of 242.55 feet;
- 4 -
THENCE South 81021'23" East, along the North line of said proposed
road, a distance of 29.32 feet to a point in the East line of the
Southwest 1/4 of said Section 117, for the Northeast corner of this
tract;
THENCE South 01041'21" West, along the East line of the Southwest 1/4
of said Section 117, a distance of 95.42 feet to the POINT OF BEGIN-
NING.
CONTAINING 0.51 acres.
SECTION 3. THAT easement title to the following described tract of
land located in Garza County, Texas, and designated "FLOOD AND RESTRICTIVE
EASEMENT," be acquired for public purposes and municipal purposes as set
forth in the preamble hereof, to -wit:
FLOOD AND RESTRICTIVE EASEMENT
FIELD NOTES on a 24.25 acre easement out of the Southwest 1/4 of Sec-
tion 117, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and
being more particularly described as follows:
BEGINNING at the intersection of the East line of the Southwest 1/4 of
said Section 117 with the North line of a proposed road, whence the
Southeast corner of said Section 117, a 1 1/4" iron pipe, as set by
F.M. German in 1895, bears South 01041'21" West, a distance of 95.42
feet and South 88°21'20" East, a distance of 2644.31 feet, said corner
being the common corner of Sections 106, 107, 116 and 117;
THENCE North 81°21'23" West, along the North line of said proposed
road, a distance of 29.32 feet to a 1/2" iron rod, set in a curve;
THENCE Southwesterly, along the arc of said curve to the left, the
North line of said proposed road, an arc distance of 242.65 feet, to a
1/2" iron rod, set in contour elevation 2220, Mean Sea Level, National
Geodetic Vertical Datum of 1929 (MSL, NGVD 1929) said curve has a ra-
dius of 2411.83 feet, a central angle of 05045'52", tangent lengths of
121.43 feet and a chord that bears South 81°11'41" West, a distance of
242.55 feet;
THENCE along said contour elevation 2220, MSL, NGVD 1929, the follow-
ing meandered courses and distances:
North 05134'10" East, a distance of 106.83 feet;
North 51015'03" East, a distance of 47.12 feet;
North 43004'53" West, a distance of 77.87 feet;
- 5 -
North 18023'00" East, a distance of 44.43 feet;
South 89047'23" West, a distance of 79.30 feet;
North 56054'59" West, a distance of 117.21 feet;
North 88159'20" West, a distance of 100.13 feet;
South 16051'57" West, a distance of 48.48 feet;
South 74°14'53" West, a distance of 116.72 feet;
South 62159'24" West, a distance of 94.01 feet;
South 83052'42" West, a distance of 54.82 feet;
North 56006'25" West, a distance of 265.89 feet;
North 21025'30" West, a distance of 66.83 feet;
North 7210922" West, a distance of 18.88 feet to a set 1/2" iron rod;
South 36014'45" West, a distance of 18.45 feet;
South 27152'24" East, a distance of 60.48 feet;
South 47051'59" East, a distance of 87.38 feet;
South 37019'40" East, a distance of 153.77 feet;
South 42039'18" West, a distance of 29.07 feet;
South 39051'57" East, a distance of 34.44 feet;
South 68003'24" East, a distance of 57.63 feet;
North 65002'45" East, a distance of 181.55 feet;
South 87025'42" East, a distance of 125.84 feet;
North 77047'11" East, a distance of 52.13 feet;
South 19033'32" East, a distance of 47.38 feet;
North 56143'11" East, a distance of 54.08 feet;
South 58055'22" East, a distance of 81.84 feet;
South 00043'49" East, a distance of 73.76 feet;
South 31044'04" West, a distance of 44.29 feet;
South 07°31'08" West, a distance of 12.29 feet to a 1/2" iron rod, set
in the North line of said proposed road;
THENCE Southwesterly, leaving said contour elevation 2220, MSL, NGVD
1929, along the arc of a curve to the left, the North line of said
proposed road, an arc distance of 81.91 feet to a 1/2" iron rod, set
in the South line of said Section 117 and the North line of Section
116, said curve has a radius of 2411.83 feet, a central angle of
01056'45", tangent lengths of 40.96 feet and a chord that bears South
74028'03" West, a distance of 81.90 feet;
THENCE North 88°21'20" West, along the South line of said Section 117
and the North line of Section 116, a distance of 763.89 feet to a 1/2"
iron rod;
THENCE North 22016125" West, a distance of 160.76 feet to a point;
THENCE North 31°13'39" West, a distance of 177.20 feet to a point;
THENCE North 05145'32" West, a distance of 201.00 feet to a point;
THENCE North 39°53'18" East, a distance of 226.97 feet to a 1/2" iron
road, set in contour elevation 2245, MSL, NGVD 1929;
THENCE along said contour elevation 2245, MSL, NGVD 1929, the follow-
ing meandered courses and distances:
North 59°53'54" West, a distance of 46.23 feet;
North 64015'02" East, a distance of 76.10 feet;
North 83037'16" East, a distance of 56.91 feet;
North 06019'04" West, a distance of 124.79 feet;
North 54020'27" East, a distance of 59.42 feet;
North 51003'26" West, a distance of 99.75 feet;
South 86032'47" East, a distance of 69.44 feet;
North 47015'18" East, a distance of 58.55 feet;
North 78038'34" East, a distance of 93.14 feet;
North 60018'24" West, a distance of 98.59 feet;
- 7 -
South 83046'24" East, a distance of 82.18 feet;
North 07134'13" East, a distance of 34.81 feet;
South 50012'50" East, a distance of 44.72 feet;
South 50031'49" East, a distance of 99.39 feet;
North 42041'48" East, a distance of 129.88 feet;
North 01011'43" East, a distance of 60.59 feet to a set 1/2" iron rod;
South 55002'24" East, a distance of 143.04 feet;
North 70031'38" East, a distance of 48.70 feet;
South 87059'13" East, a distance of 149.71 feet;
North 18006'01" West, a distance of 44.39 feet;
North 83045'08" East, a distance of 51.83 feet;
South 58118'25" East, a distance of 59.02 feet;
North 58005'55" East, a distance of 136.03 feet;
North 84027'13" East, a distance of 64.11 feet;
North 48038'53" East, a distance of 174.46 feet;
North 52040'53" East, a distance of 147.60 feet;
North 69045'57" East, a distance of 21.67 feet to a 1/2" iron rod, set
in the East line of the Southwest 1/4 of said Section 117;
THENCE South 01041'21" West, leaving said contour elevation 2245, MSL,
NGVD 1929, along the East line of the Southwest 1/4 of said Section
117, a distance of 165.92 feet to a 1/2" iron rod, set in said contour
elevation 2245, MSL, NGVD 1929;
THENCE along said contour elevation 2245, MSL, NGVD 1929, the follow-
ing meandered courses and distances;
South 45113'10" West, a distance of 72.89 feet;
South 14002'37" East, a distance of 49.71 feet;
South 67126'22" West, a distance of 60.65 feet;
MM
South 33017'45" West, a distance of 68.76 feet;
South 48043'33" West, a distance of 47.65 feet;
North 51026'33" West, a distance of 57.43 feet;
South 74056'36" West, a distance of 193.79 feet;
North 76057'01" West, a distance of 30.52 feet;
South 44048'23" West, a distance of 158.49 feet;
South 67150'01" West, a distance of 31.38 feet;
South 83030'22" West, a distance of 154.94 feet;
South 20036'05" West, a distance of 156.50 feet;
South 10058'43" East, a distance of 78.97 feet to a set 1/2" iron rod;
THENCE North 89059'41" East, leaving said contour elevation 2245, MSL,
NGVD 1929, a distance of 361.75 feet to a point;
THENCE South 69043'51" East, a distance of 325.00 feet to a point;
THENCE South 36°43'19" East, a distance of 126.36 feet to a 1/2" iron
rod, set in the East line of the Southwest 1/4 of said Section 117;
THENCE South 01041'21" West, along the East line of the Southwest 1/4
of said Section 117, a distance of 362.15 feet to the POINT OF BEGIN-
NING.
CONTAINING 24.25 acres.
SECTION 4. THAT the owners of said tracts of land above described,
being WELDON REED and his wife, MARITTA REED, be offered through the Right -
of -Way Department of the City of Lubbock the following amounts, which are
the amounts appraised as the value and total damages for the fee simple
title or easement title (as the case may be) to the above described tracts
of land as indicated below:
(A) For fee simple title to the land above described and designated
as "RESERVOIR AREA," the sum of $1,864.00.
(B) For fee simple title to the land above described and designated
as ROAD PARCEL "A," the sum of $16.00.
(C) For fee simple title to the land above described and designated
as ROAD PARCEL "B," the sum of $408.00.
(0) For the easement title (for easement purposes as above de-
scribed) to the land above described and designated as "FLOOD
AND RESTRICTIVE EASEMENT," the sum of $2,425.00.
The aggregate total of said offers is the sum of $4,713.00 to said owners
for said fee simple title and easement title acquisition, 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 and the easement title to said
tracts of land as hereinabove described for the public purposes and munici-
pal purposes as hereinabove set forth.
Passed by the. City Council this 7th day of December ,
1989.
ATTEST:
Ranette Boyd, City Secre'ta(ry
APPROVED AS TO FORM:
Ed Bucy, Right -of -Way Agent
APPROVED? AS TO FORM:
J. ah FUllingim, Assistant C
Attry
B. C. McMINN, MAYOR
- 10 -
y,
ASSIGNMENT OF ROADWAY EASEMENTS
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GARZA
WHEREAS, the City of Lubbock, Texas, a municipal corporation of
Lubbock County, Texas, hereinafter called "Grantor", holds easements
for the purposes of constructing, reconstructing, improving,
repairing, relocating, inspecting, maintaining and patrolling a road.
to be constructed in connection with the construction of the
Justiceburg Dam and Lake Alan B. Henry (formerly known as the
Justiceburg Reservoir) in Garza and Kent Counties, Texas, which
easements were granted in the following conveyances unto Grantor,
recorded in the hereinafter listed volume and page of the Deed Records
of Garza County, Texas:
NAMES OF GRANTORS VOLUME PAGE
Carol Sue Reed and husband, John E. Reed 183 825
Nonnie Rogers Ward and husband, John Ward 183 929
Billy Huddleston, Individually and as 183 984
Independent Executor of the Estate of
Martha Frances Huddleston, Deceased ; and
WHEREAS, Grantor has entered into arrangements by virtue of
which such dam and reservoir shall be constructed, operated and
maintained by Brazos River Authority, a river authority of the
State of Texas, hereinafter called "Grantee"; and
WHEREAS, in view of the fact that such dam and reservoir is
to be constructed, operated and maintained by Grantee, it is
appropriate that the road intended to be constructed over and
across the land subjected to easement in favor of Grantor under
the conveyances listed above should be constructed, operated and
maintained by Grantee; and
WHEREAS, each of the conveyances listed above imposes certain
obligations upon Grantor;
NOW THEREFORE, for valuable consideration to it in hand paid
by Grantee and in consideration of Grantee's undertakings to
fulfill the obligations of Grantor under the aforesaid easement
conveyances (which undertakings are evidenced by the signature of
Grantee's authorized representative under the work "Accepted",
below), Grantor has and by these presents does sell, convey,
transfer and assign unto Grantee all of Grantor's rights under
each of the conveyances listed above.
TO HAVE AND TO HOLD the above described easements, rights,
titles and interests, together with all and singular the rights
and appurtenances thereto in anywise belonging unto the said
Grantee and Grantee's successors and assigns forever, and Grantor
does hereby bind itself, its successors and assigns, to Warrant
and Forever Defend all and singular the above described
easements, rights, titles and interests unto the said Grantee and
Grantee's successors and assigns, against every person whomsoever
lawfully claiming, or to claim the same, or any part thereof.
2
J
,A -
EXECUTED this the .0-o alf0f day of December, 1989.
EST:
Rane to Boyd,City Sec etary
ACCEPTED: --
BR
By
THE STATE OF TEXAS H
COUNTY OF LUBBOCK H
THE CITY OF LUBBOCK, TEXAS
By
B. C. McMinn, Mayor
APPROVED AS TO CONTENT:
jw� J;�d
S,6ffi Wahl, Di ector of Water
Development
APPROVED AS TO FORM:
ky
`c
J. or h Fullingim, Ass tant
CiLL
Vy Attorney
This instrument was acknowledged before me on the _(= day of
December, 1989, by B. C. McMinn, Mayor of the City of Lubbock,
Texas, on.behalf of said City and in the capacity therein stated.
Notary Public in and for the
State of Texas
THE STATE -OF TEXAS
COUNTY OF MCLENNAN H
This instrument was acknowledged before me on the 2o,/4 day of
December, 1989, by Carson H. Hoge, General Manager of Brazos
River Authority, on behalf of said Brazos River Authority and in
the capacity therein stated.
RICHARD KUSLER N tary Public in and for the
NOTARY PUBLIC State of Texas
STATE OF TEXAS
e of t� Commission Expires 12-21-93
3
J