HomeMy WebLinkAboutResolution - 6465 - Right Of Way Offer - Cone Family - E-W Freeway Railroad Relocation Project - 08_26_1999Resolution No.6465
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 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
1RR 4 H.E. Cone, a/k/a/ Hubert E. Cone and wife, $ 8,300.00
Marie B. Cone, a/k/a Marie Cone
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for the above -described property are hereby rescinded and revoked.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 H.E.
Cone, a/k/a/ Hubert E. Cone and wife, Marie B. Cone, a/k/a/ Marie Cone BE offered
through the Right -of -Way Department of the City of Lubbock the amount of $8,300
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 26th day of August , 1999.
4 Y S 'O ,
A EST:
Kayti0arnell
City S etary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
gs/East-West Freeway Railroad -Cone, H.E. & Marie.res
ccdocs/July 30, 1999
. , WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH
Resolution No. 6465
County: Lubbock
Account No: 8005-01-20
CSJ No: 0380-01-053
Highway No: U.S. 82 (Railroad Relocation)
Parcel No: 1RR4
Grantor: H.E. Cone and Marie B. Cone
EXHIBIT "A"
Being 0.76 hectares (1.88 acres) of land out of a 193.28 acre tract which is part of Tract 11 of the
Lowery Subdivision of Sections 35, 36, 37 and 38, Block A-K, Lubbock County, Texas and a 6.79
acre tract which is the most Northerly part of Tract 9 of the Lowery Subdivision of Sections 35, 36,
37 and 38, in Block A-K, and Section 28, Block E2, described by metes and bounds in Volume 3505,
Page 305 of the Official Real Property Records of Lubbock County, Texas, said 193.28 acre tract
and 6.79 acre tract was conveyed by Warranty Deed dated December 31, 1990 by Cone Farms, Inc.,
a Texas Corporation acting by and through its duly authorized officers to H. E. Cone and Marie B.
Cone and recorded in Volume 3505, Page 305 of the Official Real Property Records of Lubbock
County, Texas, which said 0.76 hectares (1.88 acres) is more particularly described as follows:
BEGINNING at a'/2" Iron Rod with Cap, set in the East line of said 193.28 acre tract which is part
of Tract 11 of the Lowery Subdivision, for the Southerly Southeast and beginning corner of this
parcel, whence the Southeast corner of Section 38, Block AK, bears South 87°38'26" East, 132.256
meters (433,91 feet) and South 02°22'15" West, 486.642 meters (1,596,59 feet);
(1) THENCE Northwesterly, along the arc of a curve to the left and the proposed Railroad
Right -of -Way line, an arc distance of 343.205 meters (1126.00 feet) to a '/z" Iron Rod, set in the
proposed South Railroad Right -of -Way line, for a corner of this parcel, said curve has a radius of
334.037 meters (1095.92 feet) and a chord that bears North 34°32'45" West, 328.310 meters
(1077.13 feet);
PARIRR4.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 MEXICO . ARIZONA • NEVADA • UTAH
(2) THENCE North 63 ° 58'48" West, along the proposed South Railroad Right -of -Way line, a
distance of 53.773 meters (176.42 feet) to a'/z" Iron Rod, set in the existing and proposed South
Railroad Right -of -Way line, for the Northwest corner of this parcel;
(3) .THENCE South 69"43'57" East, along the existing South Railroad Right -of -Way line and
the North line of said 193.28 acre tract which is part of Tract l 1 of the Lowery Subdivision, a
distance of 157.402 meters (516.41 feet) to a'/z" Iron Rod, set in the existing South Railroad Right -
of -Way line and the North line of said 193.28 acre tract which is part of Tract I 1 of the Lowery
Subdivision, for the Northeast corner of this parcel;
(4) THENCE Southeasterly, along the arc of a curve to the right and the proposed North
Railroad Right -of -Way line, an arc distance of 161.243 meters (529.01 feet) to a'/2" Iron Rod, set
in the East line of said 193.28 acre tract which is part of Tract 11 of the Lowery Subdivision, for the
Northerly Southeast corner of this parcel, said curve has a radius of 364.517 meters (1195.92 feet)
and a chord that bears South 34° 55'07" East, 159.932 meters (524.71 feet);
(5) THENCE South 02°29'16" West, along the East line of said 193.28 acre tract which is part
of Tract 11 of the Lowery Subdivision, a distance of 108.448 meters (355.80 feet) to the P.O.B., of
which contains an area of 0.76 hectares (1.88 acres.)
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND NOVEMBER, 1997,�,
• ..............
GARY D. WILSON
Vic......... ....
23
REGISTERED PR ES IONAL LAND SURVEYO �,�`;soF o?.•
Note: English units are provided for information only.
PARIRR4.DOC
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(806) 792-4731 • Fax (806) 792-1646 • 3330 70th Street, Suite 201 • Lubbock, Texas 79413