HomeMy WebLinkAboutResolution - 3653 - Right Of Way Offer - Appleton D Justive - Flood Easement, Garza County - 07_11_19914t.
Resolution No. 3653
July 11, 1991
Item #25
JWF:da
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located
in Lubbock County, Texas, has determined and does hereby determine the
public 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 any 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 from elevation 2220 feet above
mean sea level to elevation 2245 feet above mean sea level, which easement
grants City (a) the right to intermittently overflow, 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 Reser-
voir, also known as the Justiceburg Dam and the Reservoir and for the stor-
age of water created by the construction of the Dam; (b) the right to enter
upon said land, with due notice and without loitering, to clear, destroy or
dispose of any timber, brush, obstruction, accumulation, 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 structure or 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
tracts of land being located in Garza County, Texas, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof, to -
wit:
(1) Tract I described in Exhibit "A" designated as "Reservoir Area
A" in legal description thereof attached hereto and made a part
hereof consisting of three pages.
r,
(2) Tract II described in Exhibit "B" designated as "Unusable Land"
in legal description thereof attached hereto and made a part
hereof consisting of one page.
SECTION 2. THAT easement title for flood and restrictive easements
to the tracts of land hereinafter described being located in Garza County,
Texas, be acquired for public purposes and municipal purposes as set forth
in the preamble hereof, to -wit:
(1) Tract III described in Exhibit "C" designated as "Flood and
Restrictive Easement A" in legal description hereto attached
and made a part hereof consisting of six pages.
(2) Tract IV described in Exhibit "D" designated as "Flood and
Restrictive Easement C" in legal description hereto attached
and made a part hereof consisting of one page.
(3) Tract V described in Exhibit "E" designated as "Flood and
Restrictive Easement FR2" in legal description hereto attached
hereto and made a part hereof consisting of three pages.
(4) Tract VI described in Exhibit "F" designated as "Flood and
Restrictive Easement FR3" in legal description attached hereto
and made a part hereof consisting of three pages.
(5) Tract VII described in Exhibit "G" designated as "Flood and
Restrictive Easement FR4" in legal description attached hereto
and made a part hereof consisting of three pages.
SECTION 3. THAT the owners of said tract, being Appleton Doyle
Jusice, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $18,256.00, which is the amount appraised as the
value and total damages for the fee simple title and acquisition of said
real estate hereinabove described, and the amount of $28,770.00 for the
easement title to the real estate hereinabove described for the value and
damages therefor, being a total offer to said owner of $47,026.00 for such
fee simple and easement title acquisition, for the use and benefit of the
City of Lubbock, Texas, for the purposes herein stated, and unless accepted
forthwith, the City Attorney and said City of Lubbock is hereby authorized
and instructed to institute condemnation (eminent domain) proceedings to
acquire the fee simple title and easement title to said land as hereinabove
described for public purposes and municipal purposes.
MM
Passed by the City Council this 11th day of July , 1991.
'B. C. McMI MAYOR
it ATTEST:
Ran tte Boyd, City SecreXary
9 APPROVED AS TO CONTENT:
z C�
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
a Tkvv��
J. CIth Fu lingim, Assista t City Attorney
- 3 -
Resolution No. 3653
r� July 11, 1991
err F TRACT I, s
- i
4r EXHIBIT "A"
" FIELD NOTES
3
L s +� RESERVOIR AREA "A" F
ma`s }r ydrt .4 j h R,'f Y�'3. tit"i,.kgtg4j
mp tract Orland Out of 'Section 3,
, .,}Jt +' �•.t n r�1dW � } A
> <.� ' N Bloc unty, Texas
4 Block.-.6, H. a G N. R R Co. Survey,_ Garza Go
g more particularly described as followsr
�,,i ¢ +_ v. SAC Mf .':.a4 p„ k �� ✓.a14
I BEGINNING at the intersection of the East line of ,Section
u r ��tt
�*Block '6, the West linestof Section 138, Block 5 and contour
4 FPt..- •. M
4.elevation 2220 Mean .Sea Levelt,,National Geodetic Vertical Datum � rye{
of ,1929, (MSL, NGVD 1929) forty the beginning point of this tract,
Y
;;whence the Northeast corner of said Section .3, a 1 1/4", iron
pipe; as set b F.M German in 1895, bears North 1°38' 00" :East,'
Y,
158 08 feet, said corner being to common }corner of Section}s}j}}}},... 3 4
', .ad, 4{r 8 _ �a! .,� - �G - %a`.`�"`�Q�Y 1 T
\ w ,
y "
,,.,A a aiock 6 and Sections 137_ and _138, ,Block
THENCE SouthRf Olt038', 00" r WeSXt,9 'leaving ssia cvncvui c+�.�...
C,
2220, -MSL, NGVD 1929, along the gas t line ofs Section �3,M Block 6
y.,:3f, h M 'Q•Y .'",+3yiy 1 lir j fir, . a
.and the West line of Section 138, Block-r5,d833 58 :. feet{$to f a
point,att`-the intersection with contour elevation '2220,
'p MSL,
...
THENCE a'loc►g said contour elevation
2220,,MSL,. NGVD 19
following courses and distances4�=
.meandered
4
r46.10
South 52°40'20" .West,
feeti
• South ' 77° 40' 57" West, °78.53
feet;„,`
North 86° 13' 02" West, y 166.51
feet; +,`�= !
South 07° 53' 03" West, s; 83.92
feet
`nNorth 112.33
feet,;
$15°18'53",,sWest,�F
`North
feet; ' ^;
f.n 81°05'41" West,..124.88
1 ..ti trp of Jyf{" Y.
,'?P
;;South 85614'37":West,'106.33
i
; N,• Y
feetV.
South 76149140" West,'83 54
feet;
yy e ys tr
North 81°18!55"West, 39� 62 feet=��'r,�� 4"
Nti
`South 86°08',46",..West: 69,.81 feet;`.� `#. 'i�i5j43 y lsk F
South 46015'27" West, 118.63 feet;
South 15°59'04" East, 197.77 feet;
South 02°23'26" West, 194.24 feet;
South 28°19'18" West, 199.26 feet;
South•22°56'42" West, 172.00 feet;
South 25"38'12" East, 97.92 feet;
South 59*26133" West, 63.35 feet;
South 19041104" East, 97.19 feet;
South 46°11'02" West, 86.37 feet;
South 17°31'15" West, 123.45 feet;
South 58046103" West, 186.95 feet;
South 02*03130" East, 118.83 feet;
North 10021138" West, 117.63 feet;
North 83*48157" West, 303.85 feet;
North 32°18'18" West, 214.30 feet;
North 24°38'46" West, 367.85 feet;
North 25022109" East, 60.79 feet;
North 67°12'35" East, 93.20 feet;
North 19029148" East, 117.55 feet;
North 43029112" East, 101.19 feet;
North 77°39'30" East, 50.73 feet;
South 46002141" West, 160.23 feet;
South 01016124" West, 76.59 feet;
South 55"17'36" West, 87.62 feet;
South 31`40141" West, 94.90 feet;
South 29°35'05" East, 464.06 feet;
South 67°27'51" East, 121.52 feet;
South 89°18'03" East, 148.57 feet;
North 56037157" West, 126.99 feet;
South 80002159" East, 126.67 feet;
North 64*21139" East, 168.43 feet;
North 22046115" West, 99.69 feet;
North 09011134" West, 123.64 feet;
North 03057108" East, 181.87 feet;
North 13°38'19" East, 142.79 feet;
North 44153137" East, 100.42 feet;
North 30*45116" West, 180.59 feet;
North 11°43'54" West, 193.92 feet;
North 21°16'08" East, 253.83 feet;
North 48°40'07" East, 98.99 feet;
North 66009'09" East, 309.39 feet;
North 75019117" East, 130.40 feet;
North 81053149" East, .140.85 feet;
North 82011121" East, 217.73 feet;
North 37001107" West, 177.43 feet;
North 25*33113" West, 397.74 feet;
-2-
North 09156'54" East, 160.69 feet to a point at the intersection
with contour elevation 2220, MSL, NGVD 1929 and the North line
of Section 3 and the South line of Section 4;
THENCE South 88022117" East, leaving said contour elevation 2220,
PISL, NGVD 1929, along the North line of.Section 3 and the South
line of Section 4, 338.62 feet to a point, at the intersection
with contour elevation 2220, MSL, NGVD 1929;
THENCE along said contour elevation 2220, MSL, NGVD 1929, the
following meandered courses and distances:
South 09034152" East, 39.84 feet;
south 32012144" East, 59.45 feet;
South 51001127" East, 117.46 feet;
South 89°30'14" East, 82.85 feet to the point of beginning.
-3-
TRACT II
EXHIBIT "B"
FIELD NOTES
UNUSABLE LAND
A tract of land out of Section 3, Block
6, It. 6 G.N. R.R. Co. Survey, Garza County, Texas and being more
particularly described as follows:
BEGINNING at the Northeast corner of Section 3, Block 6, a found
1-1/4" iron pipe, as set by F.M. German in 1895, for the
beginning corner of this tract, said corner being the common
corner of Sections 3 and 4, Block 6 and Sections 137 and 138,
Block 5;
THENCE North 88022117" West, along the North line of Section
3 and the South line of Section 4, 217.08 feet to a point at
the intersection with contour elevation 2220, Mean Sea Level,
National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929);
TEENCE along said contour elevation 2220, MSL, NGVD 1929, the
following meandered courses and distances:
South 09°34'52" East, 39.84 feet;
South 32°12'44" East, 59.45 feet;
South 51*01'27" East, 117.46 feet;
South 89030114" East, 82.85 feet to a point at the intersection
with contour elevation 2220, MSL, NGVD 1929 and the East line
of Section 3, Block 6 and the•West line of Section 138, Block
5;
THENCE North 01038100" East, leaving said contour elevation
2220, MSL, NGVD 1929, along the East line of Section 3, Block 6
and the West line of Section 138, Block 5, 158.08 to the point
of beginning.
TRACT III
EXHIBIT "C"
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT
An easement out of Section 3, Block
6, H. 6 G.N. R.R. Co. Survey, Garza County, Texas and being more
particularly described as follows:
BEGINNING at the intersection of the North line of Section 3,
the South line of Section 4 and contour elevation 2220, Mean Sea
Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD
1929), whence the Northeast corner of Section 3, a found 1-1/4"
iron pipe, as set by F.M. German in 1895, bears South 88122'17"
East, 555.70 feet, said corner being the common corner of
Sections 3 and 4, Block 6 and Sections 137 and 138, Block 5;
THENCE North 8B922'17" West, leaving said contour elevation 2220,
MSL, NGVD 1929, along the North line of Section 3 and the South
line of Section 4, 309.61 feet to a set 1/2" iron rod;
THENCE South �4°37'27" West, 132.46 feet to a point;
THENCE South 19009124" East, 327.00 feet to a set 1/2" iron rod;
THENCE South 65049'26" West, 526.00 feet to a point;
THENCE South 34036117" West, 438.19 feet to a 1/2" iron rod, set
at the intersection with contour elevation 2245, MSL, NGVD 1929;
THENCE along said contour elevation 2245, MSL, NGVD 1929, the
following meandered courses and distances:
150
North
840'09'52"
West,
103.14 feet;
South
86040'30"
West,
131.71 feet;
North
49035132"
East,
135.48 feet;
North
03°02'12"
East,
62.67
feet;
South
60010142"
West,
126.80 feet;
North
61033'10"
West,
147.34
feet;
:ortl1
57°16'09"
West,
75.43
feet to a
set 1/2" iron rod;
South
27007147"
East,
55.03
feet;
South
46°39'54"
East,
159.86
feet;
South
55°25'34".West,
112.11
feet;
South
84050157"
West,
151.53
feet;
South
75151153"
West,
94.89
feet;
South
70°46'27"
West,
122.45
feet;
South
54058'05"
West,
61.56
feet;
South
71°15'26"
West,
57.56
feet,
South
50°17'17"
West,
108.91
feet;
North
43*20135"
West,
125.38
feet;
North
83°37'04"
West,
78.55
feet;
South
45040'33"
West,
30.51
feet to a
set 1/2" iron rod;
South
18004'08"
East,
222.84
feet;
South
50°11'57"
West,
70.86
feet;
South
61*38158"
West,
171.24
feet;
South
45`25118"
West,
105.32
feet;
South
25052136"
West,
187.10
feet;
South
83021121"
West,
102.37
feet;
North
34019126"
West,
86.10
feet;
North
54057115"
West,
75.83
feet;
North
69*05138"
West,
145.75
feet;
South
16°20'46"
East,
120.26
feet;
North
79025101"
West,
113.11
feet to a
set 1/2" iron rod;
South
44*29149"
West,
86.17
feet;
South
44002158"
West,
244.71
feet;
South
29037120"
West,
220.67
feet;
South
19°50'19"
West,
113.63
feet;
South
66001147"
West,
54.27
feet;
South
05*05113"
West,
59.66
feet;
South
28013158"
East,
54.29
feet;
South
02*06104"
East,
75.86
feet;
South
19031143"
West,
85.63
feet;
South
55021156"
West,
129.78
feet;
South
57030109"
West,
53.73
feet to a
set 1/2" iron rod;
South
76111146"
East,
66.28
feet;
North
69007'16"
East,
102.56
feet;
South
23005120"
East,
83.38
feet;
'
South
86°08'01"
East,
140.96
feet;
South
01°47'48"
West,
88.32
feet;
' South
27044131"
East,
77.39
feet;
South
52024137"
East,
200.82
feet;
-2-
South
50°31'59"
West,
102.89 feet;
'
South
07°51'16"
West,
60.97
feet;
North
71006121"
East,
101.61 feet;
South
30041:55"
East,
164.24 feet;
South
45°18'45"
East,
57.93
feet to a
set 1/2" iron rod;
South
79046'54"
East,
126.88
feet;
North
87°58'36"
East,
184.55 feet;
North
80*33157"
East,
146.57
feet;
South
51015122"
East,
147.61
feet;
South
62°24'04"
East,
151.21
feet;
South
64028126"
East,
135.27
feet to a
set 1/2" iron rod;
South
31005102"
West,
108.90
feet;
South
89027116"
West,
89.07
feet;
South
54043118"
West,
76.31
feet;
South
78030'12"
West,
86.57
feet;
South
52031140"
West,
112.81
feet;
South
61°53'25"
West,
71.46
feet;
South
78016124"
West,
166.52
feet;
South
87°27'40"
West,
246.91
feet;
South
05011102"
East,
118.87
feet to a
set 1/2" iron rod;
North
03°49'24"
East,
84.50
feet;
North
88058119"
East,
289.99
feet;
North
84021124"
East,
207.31
feet;
North
67001151"
East,
67.31
feet;
South
49°36'42"
East,
59.57
feet;
South
68*49117"
East,
35.46
feet to an
"x" set in rock;
North
16°14'59"
West,
91.33
feet;
North
45001112"
East,
54.62
feet;
South
70031113"
East,
94.69
feet;
North
57*01121"
East,
150.06
feet;
North
22°2353"
East,
140.30
feet;
North
17049104"
West,
64.87
feet;
North
43041147"
West,
50.58
feet;
North
50040126"
West,
267.34
feet;
North
33'53'59"
East,
116.15
feet;
North
62054'01"
East,
77.85
feet to a
set 1/2" iron rod;
North
75°33'38"
West,
62.72
feet;
South
47°48'25"
West,
160.04
feet;
North
44041110"
West,
77.82
feet;
North
03010123"
East,
84.91
feet;
South
36022124"
West,
84.58
feet;
North
82030137"
West,
112.61
feet;
North
24004133"
West,
115.60
feet;
North
66055153"
East,
48.61
feet;
North
51006158"
East,
89.36
feet;
North
23012113"
West,
96.83
feet;
North
44032'33"
East,
108.59
feet;
North
22°30'13"
East,
84.92
feet;
-3-
North 57°03'13" East, 66.16 feet;
North 24008142" East, 71.19 feet;
North 57°42'03" West, 116.14 feet;
North 23049'32" East, 61.41 feet;
North 47006123" West, 71.25 feet;
North 17039'59" East, 100.11 feet;
North 22059112" West, 122.97 feet;
North 62°04'58" West, 119.75 feet;
North 70038136" East, 100.28 feet;
North 85048108" East, 63.40 feet to a set 1/2" iron rod;
North 42004'05" East, 131.50 feet;
North 77*18126" East, 108.27 feet;
North 00014136" West, 78.66 feet;
North 32°08'47" East, 122.14 feet;
North 51016107" East, 91.30 feet;
South 48°40'38" East, 72.18 feet;
South 65*31138" East, 280.45 feet to a set 1/2" iron rod;
THENCE South 21047121" East, leaving said.contour elevation 2245,
MSL, NGVD 1929, 163.39 feet to a set 1/2" iron rod;
THENCE South 27046'13" East, 560.00 feet;
THENCE South 65056121" East, 423.00 feet;
THENCE South 47058'01" East, 217.00 feet to a set 1/2" iron rod;
THENCE North 49046115" East, 416.00 feet;
THENCE North 37024'57" East, 34.1.00 feet to a set 1/2" iron rod;
THENCE North 18046148" East, 333.96 feet;
THENCE North 11045155" East, 244.89 feet to a 1/2" iron rod, set
at the intersection with contour elevation 2245, MSL, NGVD 1929;
THENCE along said contour elevation 2245, MSL, NGVD 1929, the
following meandered courses and distances:
South 74058101" East, 77.82 feet;
North 37°28'57" West, 85.64 feet;
South 71°15'28" East, 37.03 feet;
North 07°50'05" West, 142.07 feet;
North 33040138" East, 59.16 feet;
North 84013'40" East, 107.47 feet;
North 55002125" East, 58.75 feet;
-4-
THENCE North 80010'53" East, leaving said contour elevation 2245,
MSL, NGVD 1929, 108.04 feet to a point at the intersection with
contour elevation 2245, MSL, NGVD 1929;
THENCE South 62058'35" East, along the meanders of said contour
elevation 2245, MSL, NGVD 19290 48.55 feet to a point;
THENCE North 65021'26" East, along the meanders of said contour
elevation 2245, MSL, NGVD 1929, 66.90 feet;
THENCE North 57043142" East, leaving said contour elevation 2245,
MSL, NGVD 1929, 163.48 feet to a 1/2" iron rod, set at the intersection
with the East line of Section 3, Block 6 and the West line of
Section 138, Block 5;
THENCE North 01038100" East, along the East line of Section 3,
Block 6 and the West line of Section 138, Block 5, 329.48 feet
to a point at the intersection with contour elevation 2220, MSL,
NGVD 1929;
THENCE along said contour elevation 2220, MSL, NGVD 1929, the
following meandered courses and distances;
South 52040120" West, 46.10 feet;
South 77140157" West, 78.53 feet;
North 86°13'02" West, 168.51 feet;
South 07053'03" West, 83.92 feet;
North 15018153" West, 112.33 feet;
North 81°05'41" West, 124.88 feet;
South 85014'37" West, 106.33 feet;
South 76°49'40" West, 83.54 feet;
North 81018155" West, 97.62 feet;
South 86°08'46" West, 69.81 feet;
South 46-15-27" West, 118.63 feet;
South 15059104" East, 197.77 feet;
South 02°23'26" West, 194.24 feet;
South 28019118" West, 199.26 feet;
South 22°5642" West, 172.00 feet;
South 25°38'12" East, 97.92 feet;
South 59°26'33" West, 63.35 feet;
South 19041'04" East, 97.19 feet;
South 46011102" West, 86.37 feet;
South 17°31'15" West, 123.45 feet;
South 58046103" West, 186.95 feet;
South 02°03'30" East, 118.83 feet;
North 10021138" West, 117.63 feet;
North 83048157" West, 303.85 feet;
North 32018118" West, 214.30 feet;
-5-
North 24038146" West, 367.85 feet;
North 25°22'09" East, 60.79 feet;
North.67°12135" East, 93.20 feet;
North 19029148" East, 117.55 feet;
North 43°29'12" East, 101.19 feet;
North 77039'30" East, 50.73 feet;
South 46002141" West, 160.23 feet;
South 01°16'24" West, 76.59 feet;
South 55017136" West, 87.62 feet;
South 31040141" West, 94.90 feet;
South 29035105" East, 464.06 feet;
South 67°27'51" East, 121.52 feet;
South 89°18'03" East, 148.57 feet;
North 56037157" West, 126.99 feet;
South 80*02159" East, 126.67 feet;
North 64021139" East, 168.43 feet;
North 22°46'15" West, 99.69 feet;
North 09*11134" West, 123.64 feet;
North 03*57108" East, 181.87 feet;
North 13°38'19" East, 142.79 feet;
North 44053137" East, 100.42 feet;
North 30°45'16" West, 180.59 feet;
North 11043154" West, 193.92 feet;
North 21016'08" East, 253.83 feet;
North 48°40'07" East, 98.99 feet;
North 66009109" East, 309.39 feet;
North 75*19117" East, 130.40 feet;
North 81053148" East, 140.85 feet;
North 82011121" East, 217.73 feet;
North 37001'07" West, 177.43 feet;
North 25°33'13" West, 397.74 feet;
North 09056'54" East, 160.69 feet to the point of beginning.
-6-
TRACT IV
EXHIBIT "D"
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT "C"
An easement out of Section 13, Block 6,
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 in the North line of Section
13 and the South line of Section 12, Block 6, for the beginning
corner of this easement, whence the Northeast corner of Section
13, bears South 88022117" East, 1059.99 feet, said corner being
the common corner of Sections 3, 4, 12 and 13;
THENCE South 60048100" West, 298.79 feet to a 1/2" iron rod, set
for a corner of this easement;
THENCE North 61051'41" West, 343.06 feet to a 1/2" iron rod, set
at the intersection with the North line of Section 13 and the
South line of Section 12, for a corner of this easement;
THENCE South 88022'17" East, along the North line of Section 13
and the South line of Section 12, 563.56 feet to the point of
beginning.
TRACT V
EXHIBIT "E"
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT "FR2"
An easement out of Section 13, Block 6,
lt. 6 G. N. R.R. Co. Survey, Garza County, Texas and being more
particularly described as follows:
BEGINNING at the intersection of the North line of Section 13 with
the west line of the sand and gravel rights tract as 'described
in Volume 28, Page 391, deed records of Garza County, Texas, for
the beginning corner of this easement, whence the Northeast corner
of Section 13 bears South 88022'17" East, 561.12 feet, said corner
being the common corner of Section 3, 4, 12 and 13, Block 6;
THENCE South 34007157" West, along the West line of said sand and
gravel rights tract, 219,40 feet;
THENCE South 38007157" West, along the West line of said sand and
gravel rights tract, 277.80 feet;
THENCE South 30007157" West, along the West line of said sand and
gravel rights tract, 491.48 feet to the intersection with contour
elevation 2245, Mean Sea Level, National Geodetic Vertical Datum
of 1929, (MSL, NGVD 1929);
THENCE along said contour elevation 2245, MSL, NGVD 1929, the
following meandered courses and distances:
North 26°13'31" West, 109.32 feet;
North 04°04'41" East, 159.54 feet;
North 63°50'07" West, 102.70 feet;
North 86*36139" East, 145.94 feet;
North 00°19'11" East, 72.91 feet;
North 14*12124" East, 95.24 feet;
North 07°14'35" East, 214.66 feet;
North 35058143" East, 40.74 feet;
North 61012146" West, 85.13 feet;
North 69147'54" East, 158.27 feet)
North 37003139" West, 23.03 feet to a 1/2" iron rod, set at the
intersection with the North line of Section 13 and the South line
of Section 12;
THENCE South 88022'17" East, leaving said contour elevation 2245,
MSL, NGVD 1929, along the North line of Section 13 and -the South
line of Section 12, 390.14 feet to the point of beginning.
TRACT VI
EXHIBIT "F"
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT "FR3"
An easement out of Section 13, Block 6,
11. 6 G. N. R.R. Co. Survey, Garza County, Texas and being more
particularly described as follows:
BEGINNING at the intersection of in contour elevation 2245, Mean
Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD
1929) with the West line of the sand and gravel rights tract, as
described in Volume 28, Page 391, deed records of Garza County,
Texas for the beginning corner of this easement, whence the
Northeast corner of Section 13 bears South 88022117" East, 1118.73
feet and North 01041'00" East, 915.39 feet, said corner being the
common corner of Section 3, 4, 12 and 13, Block 6;
THENCE leaving said contour elevation 2245, MSL, NGVD 1929, along
said sand and gravel rights tract line, the following bearings
and distances:
South 30007157" West, 117.40 feet;
South 00°07'57" West, 763.90 feet;
South 21037157" West, 241.70 feet;
South 36°22'57" West, 772.20 feet;
South 45*37157" West, 277.80 feet;
South 61°37'57" West, 255.60 feet;
South 77007157" West, 208.30 feet;
South 23007157" West, 375.00 feet;
South 02007'57" West, 39.83 feet to a 1/2" iron rod set at the
intersection with the Northeast Right -of -Way of U. S. Highway 84;
THENCE North 43016'24" West, along said Right-of-way, 480.61 feet
to a found concrete monument;
-1-
THENCE North 48057840" West, along said Right -Of -way, 100.72 feet
to a found concrete monument;
THENCE North 43017'52" West, along said Right -Of -Way, 956.93 feet
to a 1/2" iron rod, set at the intersection with contour elevation
2245, MSL, NGVD 1929;
THENCE along said contour elevation 2245, MSL, NGVD 1929, the
following meandered courses and distances:
North 49000133" East, 70.62 feet;
North 89125106" East, 111.13 feet;
South 01037126" West, 65.32 feet;
North 66007'12" East, 112.27 feet;
North 84024'14" East, 89.12 feet;
North 51*25117" East, 49.23 feet;
North 70*13131" West, 165.52 feet;
North 69033149" East, 95.21 feet;
North 00057145" West, 142.99 feet;
North 04059121" East, 149.18 feet to a set 1/2" iron rod;
South 58*12134" East, 73.60 feet;
North 17000156" West, 88.26 feet;
North 80059123" East, 156.45 feet;
North 36043'59" West, 80.19 feet;
South 89*23111" West, 174.24 feet;
North 65°09'59" West, 74.21 feet;
South 78022'31" West, 86.21 feet;
South 79°41'27" West, 99.72 feet;
North 39030126" West, 50.45 feet;
North 70019142" West, 88.08 feet;
North 69029'38" West, 93.80 feet;
North 53°37'18" West, 98.56 feet to a set 1/2" iron rod;
North 70°25'33" East, 62.95 feet;
South 44°16'03" East, 104.55 feet;
North 75049137" East, 70.88 feet;
South 66°44'00" East, 74.00 feet;
South 47006100" East, 76.38 feet;
North 25°09129" East, 81.14 feet;
North 76059129" East, 66.23 feet;
South 49°20'52" East, 127.50 feet;
North 09025126" East, 103.83 feet;
-2-
South
72.37'02.1
East,
111.14
feet;
North
39039'23"
West,
68.17
feet;
North
32037'53"
East,
147.69
feet;
North
07023'40"
East,
79.37
feet;
North
38042'20"
East,
72.66
feet to a
set 1/2" iron rod;
North
23°11'01"
West,
105.88
feet;
North
17001140"
East,
63.46
feet;
North
41'28137"
West,
94.02
feet;
North
09059110"
West,
81.48
feet;
North
85'44103"
West,
184.74
feet;
North
41'30'30"
West,
68.94
feet to a
set 1/2" iron rod;
North
82'59138"
East,
144.15
feet;
South
79048'05"
East,
145.14
feet;
North
16'42'43"
West,
83.33
feet;
North
13019119"
East,
62.52
feet;
North
67'23'45"
East,
77.08
feet;
North
05'57'20"
East,
90.47
feet;
North
14'25'22"
East,
182.19
feet to a
set 1/2" iron rod;
South
10*02132"
East,
135.95
feet;
South
14005110"
East,
163.43
feet;
South
45'42'24"
East,
66.67
feet;
South
44*28107"
East,
86.02
feet;
South
31*52113"
East,
88.08
feet;
South
61000'57"
East,
90.27
feet;
South
27014'50"
East,
74.71
feet;
South
49011'15"
East,
71.85
feet;
South
25049'34"
East,
105.31
feet;
South
55041'46"
East,
137.83
feet to a
set 1/2" iron rod;
South
16042'37"
East,
193.33
feet;
South
43053102"
East,
143.23
feet;
North
82034'11"
East,
164.84
feet;
South
67059'23"
East,
179.75
feet;
South
76056'29"
East,
98.81
feet;
North
03046'12"
West,
127.27
feet to a
set 1/2" iron rod;
North
84013'38"
East,
156.15
feet;
South
76'52'05"
East,
142.40
feet;
North
51'51'48"
East,
72.22
feet;
North
33'12'58"
West,
141.72
feet;
North
0405B'54"
West,
90.65
feet;
North
06'07'25"
East,
112.41
feet;
South
82'02'48"
East,
117.16
feet;
South
71009'41"
East,
138.07
feet;
North
13046122"
East,
114.10
feet;
North
86001133"
East,
83.73
feet;
North
14036127"
East,
72.06
feet;
North
54*10133"
West,
44.09
feet;
North
41006103"
East,
72.34
feet;
North
08025156"
East,
61.39
feet to a
set 1/2" iron rod;
South
71*37116"
East,
53.99
feet;
THENCE South 37059148" East, 32.55 feet to the point of beginning.
-3-
TRACT VII
EXHIBIT "G"
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT 11FR4"
An easement out of Sections 3 and 13,
Block 6, If. & 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
North line of Section 3 with contour elevation 2245, Mean Sea
Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929)
for the beginning corner of this easement, whence the Northwest
corner of Section 3 bears North 88°22'17" West, 1082.61 feet,
said corner being the common corner of Sections 3, 4, 12 and 13,
Block 6;
THENCE along said contour elevation 2245, MSL, NGVD 1929, the
following meandered courses and distances:
South 12*14111" East, 83.83 feet;
South 45°55'41" East, 102.33 feet;
South 41°11'25" East, 101.39 feet;
South 14°46'39" East, 63.24 feet;
South 26"13'12" West, 93.14 feet;
South 08°39'13" East, 124.11 feet;
South 11'38'27" West, 86.65 feet;
South 51°41127" West, 147.94 feet;
South 70006114" West, 187.17 feet;
South 69*14140" West, 204.76 feet to a set 1/2" iron rod;
South 36°26'21" West, 92.68 feet;
South 53°19128" West, 126.21 feet;
South 46°46'28" West, 114.93 feet;
South 28003'32" West, 80.57 feet;
North 83°35'52" West, 92.91 feet;
South 24°09'22" West, 69.91 feet;
North 55°33'01" West, 96.58 feet;
South 50000'24" West, 99.75 feet;
South 64057'56" West, 90.26 feet;
-1-
North
64'18'56"
West,
109.19
feet;
South
69031'44"
West,
pass the West
line of Section 3 and the
East
line
of Section
13, 134.13
feet
to a set 1/2" iron rod;
South
19014'36"
West,
65.75
feet;
South
05012'13"
East,
173.71
feet;
South
84'33'13"
West,
32.84
feet;
North
52033'36"
West,
97.59
feet;
South
16018'24"
West,
50.33
feet;
North
83047125"
West,
114.89
feet;
South
86029'25"
West,
93.21
feet;
North
74*02154"
West,
82.73
feet;
South
62°16'03"
West,
73.32
feet;
South
19054148"
East,
137.62
feet;
South
13043137"
East,
84.85
feet;
South
21'33'05"
West,
57.90
feet;
South
16001'13"
East,
81.54
feet;
South
20'10'31"
East,
101.29
feet to
a set 1/2" iron rod;
South
39'02'42"
West,
102.78
feet;
South
30'52'56"
West,
58.52
feet;
South
36'38'22"
East,
115.66
feet;
South
72036'28"
West,
95.76
feet;
South
16022128"
West,
121.91
feet;
South
37'40'16"
West,
125.20
feet;
South
80'll'31"
West,
136.31
feet;
North
10047120"
West,
187.35
feet;
South
86029131"
West,
60.98
feet;
South
06'09'24"
West,
120.91
feet;
South
08002149"
East,
200.35
feet;
South
83'26'02"
East,
158.63
feet;
North
89050133"
East,
141.19
feet;
South
10'46'37"
East,
79.81
feet to
a set 1/2" iron rod;
South
84040103"
West,
171.38
feet;
South
06052100"
East,
146.68
feet;
South
39014'21"
West,
105.85
feet;
South
21058104"
East,
121.22
feet;
North
69023146"
East,
147.73
feet;
South
64018130"
East,
53.79
feet;
South
20028140"
West,
76.84
feet;
South
58018136"
East,
118.04
feet;
South
54010125"
West,
141.81
feet;
South
79012125"
East,
148,99
feet;
South
15'55'03"
West,
97.51
feet;
South
23031110"
East,
89.90
feet to
a set 1/2" iron'rod;
South
11059'10"
West,
116.45
feet;
South
21001'57"
West,
184.19
feet;
South
13021'13"
West,
299.35
feet;
South
05050148"
East,
192.60
feet to
a set 1/2" iron rod;
-2-
South 21`19'09" West, 123.61 feet;
South 49'59'27" West, 175.14 feet;
South 17021128" West, 96.60 feet;
South 10049148" West, 103.13 feet;
South 59°10'58" West, 86.31 feet;
North 66°10'03" West, 43.61 feet;
South 12°00'40" West, 66.35 feet;
South 31*02120" West, 208.70 feet to a 1/2" iron rod, set at the
intersection with the Northeast Right -Of -Way of U.S. Highway 84;
THENCE North 43016124" West, leaving said contour elevation 2245,
MSL, NGVD 1929, along said Right -Of -Way, 1649.37 feet to a 1/2"
iron rod set at the intersection with the East line of the sand
and gravel rights tract, as described in Volume 28, Page 391, deed
records of Garza County, Texas;
THENCE along said sand and gravel rights tract line, the following
bearings and distances:
North 34°22'57" East, 253.71 feet;
North 36°07'57" East, 725.00 feet;
North 47052'57" East, 788.90 feet;
North 13°52'57" East, 1486.11 feet;
North 49`52'57" East, 1111.11 feet, pass the East line of Section
13 and the West line of Section 3;
North 59022'57" East, 297.22 feet to the intersection with the
North line of Section 3 and the South line of Section 4;
THENCE South 88022'17" East, along the North line of Section 3
and the South line of Section 4, 707.62 feet to the point of
beginning.
-3-