HomeMy WebLinkAboutResolution - 101173A - Construction Of Borrow Pit On Loop 289 No Longer Needed - Rescinded 11_8_73 - 10_11_1973//8-/'7_7.
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RESOLUTION RESCINDED.BY COUNCIL
ACTION NOVEMBER 8, 1973
RESOLUTION
WHEREAS, in 1963 the City of Lubbock condemned a 5.682 acre tract of
land located on the South side of Loop 289 at Elgin Avenue on behalf of the State
Highway Department for a borrow pit for the construction of Loop 289 around.
Lubbock. The judgment covering this borrow pit is recorded in Volume 1100,
Page 648, of the Ueed'Records of Lubbock County; and
WHEREAS, this portion of Loop 289 has been constructed and the borrow)
pit is no longer.:seeded, except for storage of flood waters; and
WHEREAS, the State law requires land purchased under the 50-50 Pro-
gram be advertised and sold to the highest bidder, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following described land is no longer needed for the use of
citizens as a road and that it be sold according to law:
4.597 acres of land, same being out of and a part of the
South one-half of the Northwest one -quarter of Section
12, Block E»2, Lubbock County, Texas, safd 4.597 acres
} tract was conveyed to the State of Texas by final judgment
dated September 2, 1966, and recorded in Volume 1100,
Page 648, Deed Records, of Lubbock County, Texas, which
4. 597 acres is more particular3*,: described by metes and
bounds as follows:
TRACT I
BEGINNING at a point in the South right-of-way line of
Loop 289, said point being opposite Engineer Station
326+95.4, said point being also'2008 feet South and
1800 feet East of the Northwest corner of said Section
12;
THENCE North 89° 57t East 179.6 feet along said
South right-of-way line of Loop 289 to a point;
THENCE South 0° 031 East 445 feet to a point;
THENCE South 890 57t West 179.6 feet along a line
parallel to and 445 feet Southerly from the South right-
of-way line to a point;
THENCE North 0 ° 031 West 445 feet to the PLACE OF
BEGINNING. Containing 1. 835 acres of land.
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TRACT II
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BEGINNING at a point in the South right-of-way line of
Loop 289, said point being opposite Engineer Station
331 + 95.4, said point also being 2008 feet South and
2300 feet North 89 ° 57' East of the Northwest corner
of said Section 12;
THENCE South 890 57' West 270.4 feet :along a line
parallel to the right-of-way cline to a point;
THENCE South 0° 03' East 445 feet along said West line
to a point;
THENCE, North 89 ° 57' East 270.4 feet along a line parallel
to the right-of-way line to a point;
THENCE North 00 03' West 445 feet to the PLACE OF
BEGINNING. Containng 2.762 acres of land.
THAT any instrument of conveyance of the above tracts shall contain the
provision that the existing capacity for holding flood waters shall not be diminis
by reason of the maintenance of a constant level of water, excavation of dirt or
the addition of dirt thereto, as a covenant running with the land enforceable by
grantor or any governmental sub -division.
Passed by the City Council this 11th day of October , 1973.
MORRIS W. TURNER, MAYOR
ATTEST:
Lavinia -Lowe, City Secretary -Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr,, Ci Attorney