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Home My WebLink AboutResolution - 6527 - Right Of Way Offer-First State Bank, Shallowater-E-W Freeway Railroad Relocation - 10_14_1999Resolution No. 6527 Oct. 14, 1999 Item No. 30 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 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 IRR-50 First State Bank of Shallowater $100.00 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 owner of the above -described parcel of land being First State Bank of Shallowater BE offered through the Right -of -Way Department of the City of Lubbock the amount of $100.00 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 14th day of October , 1999. Y S ON, MAYOR A EST: Kayth' arnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Way/Agent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs/ccdocs/East-West Freeway RR — First State Bank of Shallowater September 29,1999 WILSON SURVE)(ING CO., INC. Registered Professional Land Surveyors Global Positioning System. Surveyors TEXAS - NEW MEXICO - ARIZONA - NEVADA UTAH Resolution No.6527 Oct. 14, 1999 Account No: 8005-1-20 Item No. 30 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1 RR50 Grantor: First State Bank of Shallowater EXHIBIT "A" Being 4.490 M2 (48.33 Sq. Feet) out of a 99.795 acre tract of land located in Section 22, Block J- S, E.L.& R.R. RR. Co. Survey, Abstract 862, Lubbock County, Texas, as `'described in Volume 1241, Page 255 of the Deed Records of Lubbock County, Texas, said tract of land was conveyed by deed dated June 23, 1970 by Helen Hodges, individually and as Independent Tri-Executor of the Estate of J. A. Hodges, deceased; and Brady Lowe and J. W. Pack, as Independent Tri- Executors of the Estate of J. A. Hodges, deceased; The First Christian Church of Lubbock, Texas, a non-profit domestic corporation; Edith Hodges and Nancy Hodges Hughes to Pioneer Pavers, Inc., which said 4.490 M2 (48.33 Sq.- Feet) is more particularly described as follows; BEGINNING at a 5/8" Iron Rod, found in' the East R.O.W. Easement line of F.M. 2528; as recorded in Volume 1065, Page 128 of the Deed Records of Lubbock County, Texas and in the proposed South Railroad Right -of -Way line, for the Southwest corner of this parcel, whence the Southwest comer of Section 22, Block J-S, bears North 87°40'52" West, 18.288 meters (60.00 feet) and South 02°19'08" West, 632.803 meters (2076.12 feet); (1) THENCE North 02°19'08" East, along the East R.O.W. Easement line of F.M. 2528, as recorded in Volume 1065,' Page 128 of the Deed Records of Lubbock County, Texas, a distance of 4.554 meters (14.94 feet) to a %" Iron Rod, found in -the East R.O.W. Easement line of F.M. 2528, as recorded in Volume 1065, Page 128 of the Deed Records of Lubbock County, Texas, for the North corner of this parcel; (2) . THENCE Southeasterly, along the. arc of a curve to the left, an arc distance of 7.144 meters .(23.44 feet), to a ''/z" Iron Rod, found in the Proposed South Railroad Right -of -Way line, for the East comer of this parcel, said curve has a radius of 4.572 meters (15.00 feet) and a chord that bears South 42141'41" East, 6.437 meters. (21.12 feet). PAR1RR50.D0C (806) 792-4731 - Fax (806) 792-1646.3330 70th. Street, Suite 201 - Lubbock, Texas 79413 .. WILSON SURVEYING CO., INC. C� Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH (3) THENCE North 87°42'28" West, along the Proposed South Railroad Right -of - Way line, a distance of 4.554 meters (14.94 feet), to the P.O.B. A plat of even survey date herewith accompanies this legal description SURVEYED ON THE GROUND MARCH, 1998 P••�\ 5 T OIL`+9� 'O9 ....................... ... GAARY D. WILSON : :Q...4239 ..`9� �.ESS\��• � REGISTERED PloFtSSIONAL LAND SURVEYOR suw REVISED: 08-25-99 Note: English units are provided for information only. PAR1RR50.DOC :2 (806) 792-4731 - Fax (806) 792-1646.3330 701h. Street, Suite 201 - Lubbock, Texas 79413