HomeMy WebLinkAboutResolution - 4367 - Right Of Way Offer - Ira F Mclaurin, Et Al - Flood & Restrictive Easements - 01_27_1994Resolution No. 4367
January 27, 1994
Item #22
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 easement title to additional land
for municipal public uses and purposes, to -wit: for easement title to land for flood and
restrictive easement purposes, 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 Reservoir,
also known as the Justiceburg Dam and the Reservoir, 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
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 easement title for flood and restrictive easements to the land
hereinafter referred to as Flood and Restrictive Easement "A", "B", and "C", the legal
descriptions of each of said tracts being attached hereto and made a part hereof collectively as
"Exhibit A", said tracts of land being located in Garza County, Texas, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof.
SECTION 2. THAT the owners of said tract, being IRA F. McLAURIN and LEA
MERRIE SHORT HAIR, individually and as Independent Executrix of the Estate of Mary
Florence Cross and lienholders HELEN JO CRUMP and FRANCES A. ALBRIGHT, BE
offered through the Right -Of -Way Department of the City of Lubbock the amount of $799.00,
which is the amount appraised as the value and total damages for the easement title to the real
estate hereinabove described for the value and damages therefor to said owners of $799.00 for
such 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 easement title to said land as hereinabove described for public purposes and
municipal purposes.
— 1 —
Passed by the City Council this 27th y of Innuary 1994.
R. LANGSTON, R
ATTEST:
&,�— A c,�,
etty A lohns-on,VCity Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-Of-Wo Agent
APPROVED AS TO FORM:
Hafold Willard, Assistant City
Attorney
HW:dw/Agenda-Dl /Short.Res
rev. January 12, 1994
— 2 —
EXHIBIT A
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT "A"
FIELD NOTES on a 5.82 acre easement out of Sections 22 and 23,
Block 6, H.i C.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 22, with contour elevation 2250, Mean
Sea Level, National Geodetic Vertical Datum of 1929 (MSL, NGVD
1929) for the beginning point of this easement, whence the
Southwest corner of said Section 22, a found 3/4" iron pipe,
bears North 88.20'38" West, 170.83 feet, said corner being the
common corner of Sections 21, 22, 23 and 24;
THENCE along said contour elevation 2250, MSL, NGVD 1929, the -
following meandered courses and distances:
North 15.52145" East, 56.81 feet;
North 02035117" East, 177.77 feet;
North 46011153" West, 60.23 feet;
North 04047'34" West, 122.46 feet;
North 11042'42" East, 192.10 feet;
North 38056119" West, 47.10 feet;
North 88029130" West, 33.70 feet;
North 090191280 West, 43.78 feet to a set 112" iron rod;
North 40.31134" East, 43.99 feet;
North 25.141490 East, 89.19 feet;
South 40.571030 East, 49.94 feet;
North 49049121" East, 213.26 feet;
South 760521510 East, 49.18 feet;
North 48033'09" East, 86.69 feet;
North 22.501100 East, 139.54 feet to a set 1/2" iron rod;
QARYD.WILSON T►nit %7 (�(J
CER MIND CORRSCF.-
o.,.�.4239 G A Nilson
G�l�����a"�!•{oe Registered Public Surveyor
f �C SUAJ�
PAGE 1 OF 3
=- ='•= CITY .OF LUBBOCK
• LAKE ALAN HENRY
FLOOD AND RESTRICTIVE EASEMENT"A"
A 5.82 ACRE EASEMENT OUT OF
SECTIONS 22. AND 23, BLOCK 6, H.i G.N. R.R. CO. SURVEY,
GARZA COUNTY, TEXAS
WILS-40N SURVEYING Co., INC.
(606) 763-3334 • 1718 AVENUE "N" • LUBBOCK, TEXAS 79401
North 21.44'54" West, 94.13 feet;
North 60.52'51" West, 120.81 feet;
North 51.51'59" West, 145.53 feet;
North 78041134" West, 86.61 feet;
North 89.35'41" West, 150.30 feet;
North 550341340 West, pass the West line of Section 22 and the
East line of Section 23, 164.66 feet to a set 1/2" iron rod;
South 74"00'17" East, 49.74 feet;
South 650101210 East, pass the East line of Section 23 and the
West line of Section 22, 123.63 feet;
North 84"15'52" East, 109.51 feet;
South 76045'59" East, 86.12 feet;
South 83"41101" East, 38.09 feet;
South 54*14*25" East, 74.32 feet;
South 73041'20" East, 60.04 feet;
South 55004'44" East, 67.62 feet;
South 46003'49" East, 101.39 feet;
South 46030'15" East, 82.67 feet to a set 1/2" iron rod;
South 20032'29" West, 157.05 feet;
South 40°11'53" West, 167.76 feet;
South 60011'27" West, 140.39 feet;
South 29009'56" East, 39.24 feet
South 00047'15" East, 86.21 feet;
South 19042'19" East, 51.74 feet;
North 86057'58" East, 60.82 feet;
South 30040133" East, 126.77 feet to a set 1/2" iron rod;
South 68038'19" West, 65.62 feet;
South 02012'48" West, 74.00 feet;
North 73039131" East, 31.98 feet;
South 16016'51" West, 92.58 feet;
South 06047146" West, 64.49 feet;
South 27043*580 East, 69.17 feet;
South 440231280 West, 44.16 feet;
South 68053'34" East, 94.95 feet;
South 76041'19" East, 78.21 feet;
North 89042'58" West, 106.81 feet;
North 79°06'41" West, 59.94 feet;
South 05011'25" East, 109.07 feet to a 1/2" iron rod, set at
the intersection with the South line of said Section 22;
THENCE North 88•20038" West, leaving said contour elevation 2250,
MSL, NGVD 1929, along the South line of said Section 22 and the
North line of Section 21, 260.23 feet to the point of beginning.
CONTAINING 5.82 acres.
J
NOTE: BEARINGS ARE BASED ON LAMBERT GRID
TEXAS NORTH CENTRAL ZONE
g .-1.58140"
DISTANCES ARE ACTUAL SURFACE DISTANCES.
NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS
AS FURNISHED BY WILLIAMS i STACKHOUSE, INC.
i
N
CERTIFIED CORRECT:�Q. �
GARY D. ILSON
REGISTERED PUBLIC SURVEYOR `
s
EXHIBIT A
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT "8"
FIELD NOTES on a 2.11 acre easement out of Sections 22 and 23,
Block 6, H. 6 G.N. R.R. Co. Survey, Garza County, Texas and
being more particularly described as followss
BEGINNING at a 1/2" iron rod, set at the intersection of the
South line of said Section 23, with contour elevation 2250, Mean
Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD
1929) for the beginning point of this easement, whence the
Southeast corner of said Section 23, a found 3/4" iron pipe,.
bears South 88021'08" East, 385.11 feet, said corner being the
common corner of Sections 21, 22, 23 and 24;
THENCE along said contour elevation 2250, MSL, NGVD 1929, the,
following meandered courses and distances:
North 53.39'05" East, 83.82 feet;
North 46.52124" East, 73.39 feet;
North 34.58142" East, 73.79 feet;
North 62.02122" East, 60.18 feet;
South 89.26152" East, 54.88 feet;
North 60.43119" East, 75.30 feet to a set 1/2" iron rod;
North 70.42144" East, pass the East line of Section 23 and the
West line of Section 22, 94.09 feet;
South 34.44111" East, 73.17 feet;
North 75.10151" East, 74.15 feet;
South 07.45133" East, 71.68 feet;
South 18.111290 West, 97.36 feet;
South 12.48149N West, 67.41 feet to a 1/2" iron rod, set at the
intersection with the South line of said Section 22;
GARY D. WILSOt) 1 a
CBRNTI D CORRECT:
oG. 4239 'Q Ca D Milton
ReF{attred Public Surveyor
PAGE 1 Or 2
CITY OF LUBBOCK
• LAKE ALAN HENRY
FLOOD AND RESTRICTIVE EASEMENT "B"
A 2.11 ACRE EASEMENT OUT OF
SECTIONS 22 AND 23, BLOCK 6, H. i G.N. R.R. CO, SURVEY,
GARZA COUNTY, TEXAS
WIL"'N SURVEYING Co., INC.
(An61763-333jk • 1718AVENUE "N" " LUBBOCK, TEXAS 79401
THENCE North 88.201300 Nest, leaving said contour elevation 2250,
MSL, NGVD 1929, along the South line of said Section 22 and the
North line of Section 21, 116.71 feet to the said common corner
of Sections 21, 22, 23 and 24;
THENCE North 88.21'08• West, along the South line of said Section
23 and the North line of Section 24, 385.11 feet to the point
of beginning.
CONTAINING 2.11 acres.
NOTE: BEARINGS ARE BASED ON LAMBERT GRID
TEXAS NORTH CENTRAL ZONE
e - -1"58'40"
DISTANCES ARE ACTUAL SURFACE DISTANCES.
NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS
AS FURNISHED BY WILLIAMS 6 STACKHOUSE, INC.
CERTIFIED CORRECT: , 9 (0 4 Q
GARY D. 4ILSON
REGISTERED PUBLIC SURVEYOR
EXHIBIT A
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT "C'
FIELD NOTES on a 0.06 acre easement out of Section 23, Block
6, H. i 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 23 with contour elevation 2250, Mean
Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD
1929), for the beginning point of this easement, whence the
Southeast corner of said Section 23, a found 3/4" iron pipe,
bears South 88.21'08" East, 2388.40 feet, said corner being the
common corner of Sections 21, 22, 23 and 24;
THENCE along said contour elevation 2250, MSL, NGVD 1929, the
following meandered courses and distances:
North 60'37'35" East, 22.84 feet;
North 57034'52" East, 60.32 feet;
North 24"30'48" West, 87.96 feet to a set 1/2" iron rod;
South 63'47'36" East, 31.10 feet;
South 24.22'43" East, 48.37 feet;
South 21.37'48" West, 59.06 feet;
South 82°08'53" West, 12.85 feet;
South 58°40'19" West, 19.27 feet to a 1/2' iron rod, set at the
intersection with the South line of said Section 23;
THENCE North 88.21'08" West, leaving said contour elevation 2250,
MSL, NGVD 1929, along the South line of said Section 23 and the
North line of Section 24, 31.25 feet to the point of beginning.
CONTAINING 0.06 acres.
NOTE: BEARINGS ARE BASED ON LAMBERT GRID.
TEXAS NORTH CENTRAL ZONE
0 =-1°58'40"
DISTANCES ARE ACTUAL SURFACE DISTANCES.
NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS
OF AS FURNISHED BY WILLIAMS i STACXHOUSE, INC.
.GARY.0..WILS64— CERTIFIND CORRECT: 9-) ult�.� n• ��� '�
C D. Wilson
; 239 c�,•yoe Registered Public Surveyor
CITY OF LUBBOCK
• , • LAKE ALAN HENRY
FLOOD AND RESTRICTIVE EASEMENT 'C"
A 0.06 ACRE EASEMENT OUT OF
SECTION 23, BLOCK 6, H. i G.N. R.R. CO. SURVEY,
GARZA COUNTY. TEXAS
! WILS-0N SURVEYING Co., INC.
1 (806) 76J-3380% • 171E AVENUE "N" • LU980CX, TEXAS 79401