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HomeMy WebLinkAboutResolution - 6464A - Right Of Way Offer - HA Sessions - E-W Freeway Railroad Relocation Project - 08_26_1999Resolution No. 6464A Aug. 26, 1999 Item No. 20 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 and 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 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 permanent drainage easement to each of 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 1RR 1 (E) Part 2 H.A. Sessions $ 8,055.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the above -described parcel of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of permanent drainage easement, including all legal obligations attached thereto, 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 any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 26th day of August , 1999. ON, A ST: I(,_d& L�Nx K hiedarnell City S ocrtary APPROVED AS TO CONTENT: Ed Bucy, Right -of- y Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney cp/East-West Freeway Railroad -H.A. Sessions-P2 ccdocs/August 4, 1999 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEX1CO • ARIZONA • NEVADA UTAH Resolution No. 6464 A County: Lubbock Account No: 8005-01-20 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1 RR 1(E), Part 2 Grantor: H. A. Sessions EXHIBIT "A" Drainage Easement Being 0.72 hectares (139 acres) of land out of all -of Tract Ten (10) of the Lowery Subdivision (also known as Lowrey Subdivision) of Sections 35, 36, 37 and 38, Block A-K, and Section 28, Block E-2, Lubbock County, Texas, described by metes and bounds in Volume 1769, Page 389 of the Deed Records of Lubbock County, Texas, said Tract Ten (10) of the Lowery Subdivision was conveyed by deed dated December 31, 1981 by Lester Shaver to H. A Sessions and recorded in Volume 1769, Page 389 of the Deed Records of Lubbock County, Texas, which said 0.72 hectares (1.79 acres) is more particularly described as follows: BEGINNING at a '/s" Iron Rod with Cap, set in the proposed East Railroad Right -of -Way line, for the Southwest and beginning corner of this parcel, whence the Southeast corner of Section 38, Block AK, bears South 02°29'00" East, 77.051 meters ,(252.79 feet) and South 87°38'25" East, 99.776 meters (327.35 feet); (1) THENCE North 02-29'00" East, along the proposed East Railroad Right -of -Way line, a distance of 39.624 meters (130.00 feet) to a '/:" Iron Rod with Cap, set in the proposed East Railroad Right -of -Way line, for the Northwest corner of this parcel; (2) , THENCE South 87131QO" Past, a distance of 182.880 meters (600.00 feet) to a .'/Z" Iron Rod with Cap, set for the Northeast corner of this parcel; (3) THENCE South 02°29'00" West, a distance of 39.624 meters (130.00 feet) to a '/s" Iron Rod with Cap, set for the Southeast corner of this parcel; PARIRRIE2.DOC I (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 MEXICO • ARIZONA • NEVADA • UTAH f�4:if (4) THENCE North 87*31'00" West, 182.880 meters (600.00 feet) to the point of beginning. A plat of even survey date herewith accompanies this legal description SURVEYED ON THE GROUND MARCH, 1999 OF •� ....•.T4t S To C'2 ` 9Fp.�tS ........................ (NARY D. WILSON 94- )J OA Agt— -Q, ss;��%!''�.� REGISTERED PR SSIONAL LAND SURVEYOR 4 Note: English units are provided for information only. 2 PARIRRIE2.DOC •.1 (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 7941.3