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HomeMy WebLinkAboutResolution - 091478N - Real Estate Acquisition - Right Of Way Dept - Section 4 Block S - 09_14_1978Q, f 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, and welfare demands and creates a public necessity for the operation, improve- ment, expansion, extension, construction, reconstruction, repair and maintenance of electrical transmission and distribution lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by ,the City of Lubbock, Texas, which required the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COU14CIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas, to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land out of Section 4, Block S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the North line of an 80.97 acre tract out of Section 4, Block S, said point being 1616.47 feet North 0*44' West and 3685.9 feet South 89*16' West of the Southeast corner of said Section 4, Block S, for the Northwest corner of this tract, whence a 11 inch I.P. found for the Northwest corner of said 80.97 acre tract owned by Nislar Brothers bears South 89*16' West 12.5 feet; THENCE South 0'47' East 388.15 feet to a point in the North right-of-way line of U.S. Highway No. 84 for the Southwest corner of this strip of land; THENCE South 73*37' East, along said Highway right-of-way, same being 80.O feet from and parallel to the centerline of said highway, 73.26 feet to the Southeast corner of this strip; THENCE North 0°47'West 409.71 feet to a point in the North line of said Nislar Brothers tract; THENCE South 89*16' West 70.0 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said land including Joe N. Nislar and wife, Mildred Nislar, and Ora Lee Nislar, individually as surviving widow of O.L. (Oscar) Nislar (AKA O.L. Nislar, Sr.) deceased, and the said Ora Lee Nislar and American State Bank, Lubbock, Texas, as Executors and Trustees under the Will of the said O.L. Nislar, deceased, for the Estate of said Deceased and the James Robert Nislar Trust and the O.L. Nislar, Jr. Trust, as shown by the records of Probate Cause No. 15,619 in the County Court of Lubbock County, Texas, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,603.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as herei,nabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) pro- ceedings to acquire the easement a itle':to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of September , 1978. to DIRK WEST, MAYOR ATTEST: EVILYN GAFFG , CITY SECRE AR - SURER APPROVED AS TO FORM: C. ROSS, JR., CITY ATTOhNVY