HomeMy WebLinkAboutResolution - 6312 - Right Of Way Offer - Shadewind LLC - East-West Freeway Railroad Relocation - 05_27_1999Resolution No. 6312
May 27, 1999
Item No. 13
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad
Relocation Project, and the City Council of said City finds it in the public interest and for
public purposes and municipal purposes as set forth in the preamble hereof, to -wit:
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate to the following
described parcel of land located in Lubbock County, Texas, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO OWNER'S NAME AMOUNT
IRR-13 ShadeWind, L.L.C., a/k/a John Cagle, L.L.C. $830,200.00
SECTION 2. THAT the above -described parcel of land whose acquisition is
herein authorized is more particularly described as "Exhibit A" attached to this
Resolution and incorporated herein as part of this Resolution.
SECTION 3. THAT any and all offers previously made by the City of Lubbock
for the above described property are hereby rescinded and revoked.
SECTION 4. THAT the owners of the above -described parcel of land being
ShadeWind, L.L.C., a/k/a John Cagle, L.L.C., BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $830,200.00 indicated for this parcel, which
is the amount appraised as the value and total damages for the fee simple title and acquisition
of the surface estate of said real estate, 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, or its authorized representatives, are hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate
to any or all such parcels as hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 27th day of May , 1999.
Y TTON, MA R
ATTEST:
KaytllfejDarnell, City Secretary '
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Way"Agent
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs/ccdocs/East-West Freeway RR — John Cagle, L.L.C.
April 9, 1999
zt WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH
County: Lubbock
Account No: 8005-1-20
CSJ No: 0380-01-053
Highway No: U.S. 82 (Railroad Relocation)
Parcel No: 1RR13
Grantor: John Cagle, L.L.C.
EXHIBIT "A"
Being 0.61 hectares (1.52 acres) of land out of the North 40 acres of the East 100 acres of the
South 200 acres of Section 18, Block JS, Lubbock County, Texas, save and except 3 tracts, as
described by metes and bounds in Volume 5867, Page 183, of the Deed Records of Lubbock
County, Texas, said 40 acre tract of land was conveyed by deed dated June 05, 1998 by No
Trees, L.L.C. to John Cagle, L.L.C. and recorded in Volume 5867, Page 183 of the Deed Records
of Lubbock County, Texas, which said 0.61 hectares (1.52 acres) is more particularly described
as follows;
BEGINNING at a '/z" Iron Rod with Cap, set in the South line of said 40 acre tract of land , in
the existing West Right -of -Way line of FM 179 and in the proposed East Railroad Right -of -Way
line, for the Southeast and beginning corner of this parcel, whence the Southeast comer of
Section 18, Block JS, bears South 87°37'16" East, 12.192 meters (40.00 feet) and South
02° 15'27" West, 302.036 meters (990.93 feet);
(1) THENCE North 87-37'16" West, along -the South line of said 40 acre tract of land, a
distance of 30.480 meters (100.00 feet) to a V2" Iron Rod with Cap, set in the South line of said
40 acre tract of land and in the proposed West Railroad Right -of -Way line, for the Southwest
comer of this parcel,
(2) THENCE North 02015'2T' East, along the proposed West Railroad Right -of -Way line,
a distance of 57.138 meters (187.46 feet) to a'/z" Iron Rod with Cap, set in the proposed West
Railroad Right -of -Way line, for a comer of this parcel,
PAR1RR13.DOC
(806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEX{CO • ARIZONA • NEVADA • UTAH
(3) THENCE Northwesterly, along the arc of a curve to the left and the proposed West
Railroad Right -of -Way line, an arc distance of 144.159 meters (472.96 feet), to a V2" Iron Rod
with Cap, set in the North line of said 40 acre tract of land and in the proposed West Railroad
Right -of -Way line , for the Northwest comer of this parcel, said curve has a radius of 1149.043
meters (3769.82 feet) and a chord that bears North 01 °20' 12" West, 144.065 meters (472.65
feet);
(4) THENCE South 87135'00" East, along the North line of said 40 acre tract, a distance of
30.727 meters (100.81 feet), to a'/2" Iron Rod with Cap, set in the North line of said 40 acre tract
of land and in the proposed East Railroad Right -of -Way line, for the Northeast comer of this
parcel;
(5) THENCE Southeasterly, along the arc of a curve to the right and the proposed East
Railroad Right -of -Way line, an arc distance of 144.055 meters (472.62 feet), to a '/2" Iron Rod
with Cap, set in the proposed East Railroad Right -of -Way line and in the existing West Right -of -
Way line of FM 179, for a corner of this parcel, said curve has a radius of 1179.523 meters
(3869.82 feet) and a chord that bears South 01°14'29" East, 143.965 meters (472.33 feet);
(6) THENCE South 02°15'27" West, along the existing West Right -of -Way line of FM 179
and the proposed East Railroad Right -of -Way line, a distance of 57.202 meters (187.67 feet), to
the P.O.B.
A plat of even survey date herewith accompanies this legal description
SURVEYED ON THE GROUND MARCH,1998 j
4RY D. WILIp
423^ ..�.
REGISTERED PR SSIONAL LAND SURVEYOR
Note: English units are provided for information only. PAR1RR13.D0C
2
(806) 792-4731 . Fax (806) 792-1646 • 3330 70th Street, Suite 201 • Lubbock, Texas 79413