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HomeMy WebLinkAboutResolution - 6469 - Right Of Way Offer - Stokes, Thorton - E-W Freeway Railroad Relocation Project - 08_26_1999Resolution No.6469 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 46 Garland H. Stokes and Winona Berniece $ 43,300.00 Thornton, a/k/a Winona Bernice Thornton 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 THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked.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 Garland H. Stokes and Winona Berniece Thornton, a/k/a Winona Bernice Thornton BE offered through the Right -of -Way Department of the City of Lubbock the amount of $43,300 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 no9. <ffe s - VITToNnN4Atbg'� EST: ]At I j ayt ' Darnell City cretary APPROVED AS TOO CONTENT: Ed Bucy, Right -of -Way Agent �— APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/East-West Freeway Railroad -Stokes, G. & Thornton, W. B. ccdocs/August It, 1999 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 Resolution No. 6469 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parccl No: 1RR46 Grantor: W.A. Stokes 5.54. 1: _ Being 1.25 hectares (3.09 acres) out of a 140.2 acre tract of land, more or less, out of the East '/2 of Section 23, Block J-S, E.L.& R.R. RR. Co. Survey, Abstract 345, Lubbock County, Texas, described by metes and bounds in Volume 246, Page 485 of the Deed Records of Lubbock County, Texas, said tract of land was conveyed by deed dated. January 20, 1941 by G.C. Jordan and wife, Ada Jordan to W.A. Stokes and recorded in Volume 246, Page 485 of the Deed Records of Lubbock County, Texas, which said 1.25 hectares (3.09 acres) is more particularly described as follows; BEGINNING at a 1/2" Iron Rod with Cap, set in the East line of said tract of land out of the East '/z of Section 23, Block J-S and in the proposed Southerly Railroad Right -of -Way line, for the Southeast and beginning corner of this parcel, whence the Southwest corner of Section 23, Block J-S, bears South 02°23'53" West, 679.932 meters (2230.74 feet) and North 87°35'06" West, 1206.282 meters (3957.61 feet); (1) THENCE North 74026' 14" West, along the proposed Southerly Railroad Right -of -Way line, a distance of 268.458 meters (880.77 feet) to a'/z" Iron Rod with Cap, set in the proposed Southerly Railroad Right -of -Way line, for a corner. of this parcel; (2) THENCE Northwesterly, along the arc of a curve to the left and the proposed Southerly Railroad Right -of -Way line, an arc distance of 125.667 meters (412.29 feet), to a 1/2" Iron Rod with Cap, set in the proposed Southerly Railroad Right -of -Way line, for a comer of this parcel, said curve has a radius of 551.646 meters (1809.86 feet) and a chord that bears North 80°5747" West, 125.395 meters (411.40 feet); PAR1RR46.D0C (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 MEMCO • ARIZONA • NEVADA • UTAH (3) THENCE North 87°29'21" West, along the proposed Southerly Railroad Right -of -Way line, a distance of 16.760 meters (54.99 feet), to a'/z" Iron Rod with Cap, set in the West line of said tract of land out of the East '/z of Section 23, Block J-S and in the proposed Southerly Railroad Right -of -Way line, for the Southwest corner of this parcel; (4) THENCE North 02°22'28" East, along the West line of said tract of land out of the East '/Z of Section 23, Block J-S, a distance of 30.480 meters (100.00 feet), to a'/z" Iron Rod with Cap, set in the West line of said tract of land out of the East '/z of Section 23, Block J-S and in the proposed Northerly Railroad Right -of -Way line, for the Northwest corner of this parcel; (5) THENCE South 87°29'21" East, along the proposed Northerly Railroad Right -of -Way .line, a distance of 16.833 meters (55.23 feet), to a '/z" Iron Rod with Cap, set in the proposed Northerly Railroad Right -of -Way line, for corner of this parcel; (6) THENCE Southeasterly, along the arc of a curve to the right and the proposed Northerly Railroad Right -of -Way line, an arc distance of 132.610 meters (435.07 feet), to a '/z" Iron Rod with Cap, set in the proposed Northerly Railroad Right -of -Way line, for a corner of this parcel, said curve. has a radius of 582.126 meters (1909.86 feet) and a chord that bears South -80°57'47" East, 132.323 meters (434.13 feet); (7) THENCE South 74°26' 14" East, along the proposed Northerly Railroad Right -of -Way line, a distance of 261.329 meters (857.38 feet), to a'/2" Iron Rod with Cap, set in the East line of said tract of land out of the East %Z of Section 23, Block J-S and in the proposed Northerly Railroad Right -of -Way line, for the Northeast comer of this parcel; (8) •• THENCE South 02°23'53" West, along the East line of said tract of land out of the East '/z of Section 23, Block J-S, a distance of 31.303 meters (102.70 feet), to the P.O.B. A plat of even survey date herewith accompanies this legal description. F SURVEYED ON THE GROUND OCTOBER ,199$ o S iO9F� tp. ;. GARY D. WILSON r J �.q9 4239 REGISTERED PRO SIONAL LAND SURVEYOR °aWj 2 1 ^7 - 99 Note: English units are provided for information only. PAR1RR46. DOC 2 (806) 792-4731 • Fax (806) 792-1646 3330 70th Street, Suite 201 • Lubbock, Texas 7..R413 a