HomeMy WebLinkAboutResolution - 6501 - Right Of Way Offer - Seale Family - East-West Freeway Railroad Relocation - 09/23/1999Resolution No.6501
Sept. 23, 1999
Item No. 18
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 5 Daniel K. Seale, Kathleen N. Seale Withers, $27,300.00
fVa Kathleen L. Seale, Carolyn A. Seale,
Victoria L. Seale, and Marian Seale Freeland,
fWa Marian E. Seale
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for the above -described property are hereby rescinded and revoked.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 Daniel K.
Seale, Kathleen N. Seale Withers, f/k/a Kathleen L. Seale, Carolyn A. Seale, Victoria
L. Seale, and Marian Seale Freeland, Vida Marian E. Seale BE offered through the
Right -of -Way Department of the City of Lubbock the amount of $27,300 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 23rd day of September , 1999.
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City teiretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
gs/East-West Freeway Railroad -Scales
ccdocs/August 31, 1999
WILSON SURVEYING CO., INC. �
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
County: Lubbock Resolution No. 6501
Account No: 8005-01-20 Sept. 23. 1999
CSJ No: 0380-01-053 Item No. 18
Highway No: U.S. 82 (Railroad Relocation)
Parcel No: 1RR5
Grantor: Daniel K. Seale, Kathleen L. Seale, Carolyn A. Seale,
Victoria L. Seale, and Marian E. Seale
EXHIBIT "A"
Being 1.69 hectares (4.17 acres) of land out of a 220 acres of land, more or less, and being all of
Tract No. 12 of the Lowery Subdivision of Sections 35, 36, 37,18 in Block AK, and in Section 28,
Block E2, in Lubbock County, Texas described by metes and bounds in Volume 3311, Page 125,
Volume 3437, Page 210, Volume 3662, Page 231 and Volume 4198, Page 169, all of the Official
Real Property Records of Lubbock County, Texas, said 220 acres of land, more or less, and Tract
No. 12 of the Lowery Subdivision was conveyed by Special Warranty Deeds dated March 26, 1990,
September 7, 1990, July 19, 1991 and May 11, 1993 by H. Kyle Seale, Trustee to Daniel K. Seale,
Kathleen L. Seale, Carolyn A. Seale, Stephen M. Seale, Victoria L. Seale and Marian E. Seale and
recorded in Volume 3311, Page 125, Volume 3437, Page 210, Volume 3662, Page 231 and Volume
4198, Page 168, all of the Official Real Property Records of Lubbock County, Texas, which said 1.69
hectares (4.17 acres) is more particularly described as follows:
BEGINNING at a %2" Iron Rod with Cap, set in the South line of said 220 acres of land, more or
less, and Tract No. 12 of the Lowery Subdivision described in Volume 3311, Page 125, Volume
3437, Page 210, Volume 3662, Page 231 and Volume 4198, Page 169 and in the North existing
Railroad Right -of -Way line, for the Southeast and beginning corner of this parcel, whence the
Northeast corner of Section 38, Block AK, bears North 87°38'47" East, 413.474 meters (1,356.54
feet) and North 02022'15" East, 796.535 meters (2,613.30 feet);
(1) THENCE North 69"44'52" West, along the South line of said 220 acres of land, more or less,
and Tract No. 12 of the Lowery Subdivision described in Volume 3311, Page 125, Volume 3437,
Page 210, Volume 3662, Page 231 and Volume 4198, Page 169 and in the existing North Railroad
Right -of -Way line, a distance of 756.920 meters (2483.33 feet) to a'/z" Iron Rod, set in the West line
of said 220 acres of land, more or less, and Tract No. 12 of the Lowery Subdivision described in
Volume 3311, Page 125, Volume 3437, Page 210, Volume 3662, Page 231 and Volume 4198, Page
169 and in the existing North Railroad Right -of -Way line, for the Southwest corner of this parcel;
PAR 1 RR5.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 02025'15" East, along the West line of said 220 acres of land, more or less,
and Tract No. 12 of the Lowery Subdivision described in Volume 3311, Page 125, Volume 3437,
Page 210, Volume 3662, Page 231 and Volume 4198, Page 169, a distance of 13.027 meters (42.74
feet) to a'/2" Iron Rod with Cap, set in the West line of said 220 acres of land, more or less, and Tract
No. 12 of the Lowery Subdivision described in Volume 3311, Page 125, Volume 3437, Page 210,
Volume 3662, Page 231 and Volume 4198, Page 169 and in the proposed North Railroad Right -of -
Way line, for the Northwest corner of this parcel;
(3) THENCE South 75°28'01" East, along the proposed North Railroad Right -of -Way line, a
distance of 180.963 meters (593.71 feet) to a '/z" Iron Rod with Cap, set in the proposed North
Railroad Right -of -Way line, for a corner of this parcel;
(4) THENCE South 69044'58" East, along the proposed North Railroad Right -of -Way line, a
distance of 276.247 meters (906.32 feet) to a'/s" Iron Rod with Cap, set in the proposed North
Railroad Right -of -Way line, for a corner of this parcel;
(5) THENCE South 64-02'24" East, along the proposed North Railroad Right -of -Way line, a
distance of 306.117 meters (1004.32 feet) to the P.O.B., of which contains an area of 1.69 hectares
(4.17 acres.)
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND NOVEMBER, 1997 Y
.....9� 0 A A-�. F) I ...
GARY D. WiLSCh
REGISTE D P OltSSI NAL LAND SURVEYOR
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Note: English units are provided for information only.
PAR 1 RR5. DOC
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(806) 792-4731 • Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413