HomeMy WebLinkAboutResolution - 6466 - Right Of Way Offer- HE Cone, Marie Cone - E-W Freeway Railroad Relocation Projet - 08_26_1999Resolution No. 6466
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 4 (E) H.E. Cone, a/k/a/ Hubert E. Cone and wife, $ 1,800.00
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 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
A T ST:
Kaythi arnell
City S etary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wa Agent
APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
gs/East-West Freeway Railroad -H.E. & Marie B. Cone
ccdocs/July 30, ] 999
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
Resolution:.No. 6466
County:
Lubbock
Account No:
8005-01-20
CSJ No:
0380-01-053
Highway No:
U.S. 82 (Railroad Relocation)
Parcel No:
1RR4(E)
Grantor:
H.E. Cone and Marie B. Cone
EXHIBIT "A"
Drainage Easement
Being 0.32 hectares (0.8 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 0.32 hectares (0.8 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 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 02122'15" West, 486.642 meters (1,596.59 feet);
(1) THENCE South 2029'16" West, along the East line of said 193.28 acre tract, at 87.386
meters (286.70 feet) pass a 3/4" Iron Pipe found, for the Southeast comer of Tract 11 of the
Lowery Subdivision, continuing for a total distance of 105.650 meters (346.62 feet) to a 3/8"
Iron Rod found, for the Southeast corner of this parcel;
PAR1 RR4E.DOC
(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 794.13
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA e NEVADA a UTAH
(2) THENCE North 87°34'09" West, along the South line of said 193.28 acre tract, a
distance of 15.350 meters (50.36 feet) to a `/2" Iron Rod, set for the Southwest comer of this
parcel;
(3) THENCE North 2"29'00" East, a distance of 61.518 meters (201.83 feet) to a '/2" Iron
Rod, set for the beginning of a curve to the left and a corner of this parcel;
(4) THENCE Northwesterly, along the arc of a curve to the left, an arc distance of 128.047
meters (420.10 feet) to a'/2" Iron Rod, set for the Northwest corner of this parcel, said curve
has a radius of 315.749 meters (1035.92 feet) and a chord that bears North 9°08'02" West,
127.172 meters (417.23 feet);
(5) THENCE North 69014'53" East, a distance of 18.288,meters (60.00 feet) to a %" Iron
Rod, set in the Southwesterly Proposed Railroad Right of Way line, for the Northeast corner
of this parcel;
(6) THENCE Southeasterly, along the arc of a curve to the right and also being the
y Southwesterly Proposed Railroad Right of Way line, an arc distance of 91.184 meters
(299.16 feet) to the point of beginning, said curve has a radius of 334.037 meters (1095.92
feet) and a chord that bears South 12°55'54" East, 90.901 meters (298.23 feet).
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND MARCH, 1999
Jf* of
........................
C3ARY D. VAMN
REGISTERED PROFS IONAL LAND SUR R o'SUR
Note: English units are provided for information only. PARIRR4E.DOC
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(806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 7941, 3