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Home My WebLink AboutResolution - 6529 - Right Of Way Offer - HV Jr & Joann Newman - E-W Freeway Railroad Relocation - 10_14_1999Resolution No. 6529 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 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 and permanent drainage easement to the following described parcels 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 34 & 34E H.V. Newman, Jr. and wife, $ 87,500.00 JoAnn Newman SECTION 2. THAT the above -described parcels 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 THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked.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 parcels of land being H.V. Newman, Jr. and wife, JoAnn Newman BE offered through the Right -of -Way Department of the City of Lubbock the amount of $87,500 indicated for these parcels, 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 and permanent drainage easement 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 and the drainage easement 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. SITT , MAVW A EST: Ka Darnell Ci cretary APPROVED AS TO CONTENT: e5'1QQ-- Ed Bucy, Right-of-Wa gent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/East-West Freeway Railroad -Newman, H.V. & JoAnn ccdocs/October 4, 1999 AIT *A'' .. WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH Resolution No.6529 County: Lubbock 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: 1RR34 Grantor: H.V. Newman Jr. and wife, Jo Ann Newman Being 2.57 hectares (6.35 acres) of land out of the South Half (S/2) of Section 28, Block JS, Abstract No. 908, Certificate No. 1265, E.L. & R.R. RR Co. Survey, Lubbock County, Texas, save and except that portion of subject property conveyed to The State of Texas, dated January 11, 1950, as recorded in Volume 384, Page I t3 of the Deed Records of Lubbock County, Texas, and save and except a tract out of Section 28, Block JS, Lubbock County, Texas, described by metes and bounds in Volume 5397, Page 96, of the Deed Records of Lubbock County, Texas, said South Half (S/2) of Section 28, Block JS was conveyed by Warranty deed dated February 18, 1997 by Velma Hudgens Lide and Theo Dale Lide, Co -Trustees of the Theo Lide Trust and Velma Hudgens Lide to H.V. Newman, Jr. and wife, Jo Ann Newman and recorded in Volume 5397, Page 96, of the Deed Records of Lubbock County, Texas, which said 2.57 hectares (6.35 acres) is more particularly described as follows; BEGINNING at a '/z" Iron Rod with Cap, set in the South line of said Section 28, Block JS and in the proposed Westerly Railroad Right -of -Way line, for the Southwest and beginning comer of this parcel, whence a 1-1/2" Iron Pipe, found for the Southwest comer of Section 28, Block JS, bears North 87°37'30" West, 614.630 meters (2016.50 feet); (1) THENCE North 29022'39" East, along the proposed Westerly Railroad Right -of - Way line, a distance of 309.235 meters (1014.55 feet) to a'/z" Iron Rod with Cap, set in the proposed Westerly Railroad Right -of -Way line, for a corner of this parcel; PARlRR34.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 Northeasterly, along the arc of a curve to the left and the proposed Westerly Railroad Right -of -Way line, an arc distance of 183.261 meters (601.25 feet), to a '/2" Iron Rod with Cap, set in the proposed Westerly Railroad Right -of -Way line for a corner of this parcel, said curve has a radius of 387.770 meters (1272.21 feet) and a chord that bears North 15°50'21" East, 181.561 meters (595.67 feet); (3) THENCE North 02017'59" East, along the proposed Westerly Railroad Right -of - Way line, a distance of 351.158 meters (1.152.09 feet), to a'/2" Iron Rod with Cap, set in the North line of the South '/z of said Section 28, Block JS and in the proposed Westerly Railroad Right -of -Way line, for the Northwest corner of this parcel; (4) THENCE South 87°30'35" East, along the North line of the South '/2 of said Section 28, Block JS, a distance of 30.480 meters ( 100..00 feet ), to a `/Z" Iron Rod with Cap, set in the North line of the South'/z of said Section 28, Block JS and in the proposed Easterly Railroad Right -of -Way line, for the Northeast corner of this parcel ; ` (5) THENCE South 02°17'59" West, along the proposed Easterly Railroad Right -of - Way line, a distance of 351.054 meters (1151.75 feet), to a '/z" Iron Rod with Cap, set in the proposed Easterly Railroad Right -of -Way line, for a corner of this parcel; -(6) THENCE Southwesterly along the are of a curve to the right and the proposed Easterly Railroad Right -of -Way line, an arc distance of 197.669 meters (648.52 feet), to a '/2" Iron Rod with Cap, set in the proposed Easterly Railroad Right -of -Way line, for a corner of this parcel, said curve has a radius of 418.250 meters (1372.21 feet) and a chord that bears South 15°50'21" West 195.834 meters (642.50 feet); (7) THENCE South 29°22'39" West, along the proposed Easterly Railroad Right -of - Way line, a.distance of 293.709 meters (963.61 feet), to a'/z" Iron Rod with Cap, set in the South line of said Section 28, Block JS, and the proposed Easterly Railroad Right -of -Way line, for the Southeast corner of this parcel; PAR1RR34.D0C 2 (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 (8) THENCE North 87°33'03" West, along the South line of said Section 28, Block JS, a distance of 5.124 meters (16.81.feet), to a %" Iron Rod with Cap, set in the South line of said Section 28, Block JS, for a corner of this parcel; (9) THENCE North 87037'30" West, along the South line of said Section 28, Block JS, a distance of 29.084 meters (95.42 feet), to the P.O.B. A plat of even survey date herewith. accompanies this legal description SURVEYED ON THE GROUND OCTOBER ,1998 :. ` OF T r GARY D. WILSON 9� .... 4239.. v��..rr REGISTERED PRO SIONAL LAND SURVEYOR ji"•.;FSS� O..�Q �:.Q� s rU In Note: English units are provided for information only. 3 PAR1RR34.DOC (806) 792-4731 • Fax (806) 792-1646 3330 70th Street, Suite 201 • Lubbock, Texas 79413 I• F WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH County: Lubbock Resolution No.6529 Account No: 8005-1-20 Oct. 14, 1999 CSJ No: 0380-01-053 Item No. 30 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1RR34(E) Grantor: H.V. Newman Jr. and wife, Jo Ann Newman EXHIBIT "A" Drainage Easement Being 0.43 hectares (1.06 acres) of land out of the South Half (S/2) of Section 28, Block JS, Abstract No. 908, Certificate No. 1265, E.L. & R.R. RR Co. Survey, Lubbock County, Texas, save and except that portion of subject property conveyed to The State of Texas, dated January 11, 1950, as recorded in Volume 384, Page 113 of the Deed Records of Lubbock County, Texas, and save and except a tract out of Section 28, Block JS, Lubbock County, Texas, described by metes and bounds in Volume 5397, Page 96, of the Deed Records of Lubbock County, Texas, said South Half (S/2) of Section 28, Block JS was conveyed by Warranty deed dated February 18, 1997 by Velma Hudgens Lide and Theo Dale Lide, Co -Trustees of the Theo Lide Trust and Velma Hudgens Lide to H.V. Newman, Jr. and wife, Jo Ann Newman and recorded in Volume 5397, Page 96, of the Deed Records of Lubbock County, Texas, which said 0.43 hectares (1.06 acres) is more particularly described as follows; BEGINNING at a'/z" Iron Rod with Cap, set in the North line of said South Half (S/2) of Section 28, Block JS and in the proposed East Railroad Right -of -Way line, for the Northwest and beginning comer of this parcel, whence the Northeast corner of Section 28, Block JS, bears South 87030135" East, 779.601 meters (2557.74 feet) and North 02011146" East, 802.884 meters (2634.13 feet); (1) THENCE South 87030'35" East, along the North line of said South Half (S/2) of Section 28, Block JS, a distance of 182.880 meters (600.00 feet) to a '/z" Iron Rod with Cap, set for the Northeast corner of this parcel; PAR1 RR34E.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 'wr ~� (2) THENCE South 02° 17'59" West, a distance of 23.470 meters (77.00 feet), to a 1/2"Iron Rod with Cap, set for the Southeast corner of this parcel; (3) THENCE North 87030'35" West, a distance of 182.880 meters (600.00 feet), to a %" Iron Rod with Cap, set in the proposed East Railroad Right -of -Way line, for the Southwest comer of this parcel; (4) THENCE North 02°17'59" East, along the proposed East Railroad Right -of -Way line, a distance of 23.470 meters (77.00 feet) to the point of beginning. A plot of even survey date herewith accompanies this legal description SURVEYED ON THE GROUND MAY ,1999 �)eq A. xy-� - pa REGISTERED PROPPSSIONAL LAND SURVEYOR 6-24-qq. Note: English units are provided for information only 2 .` OF'r �STo;;F�.9cr@ ........................ GARY D. WILSON ........................ 4239 �: t SuR��.�� PAR1RR34E.DOC (806) 792-4731 a Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413 ti Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for October 14, 1999 Page 2 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT: # Consider an ordinance abandoning and closing two, five foot LP&L underground utility easements located on Lot 540 and Lot 541, Lakeridge Country Club Estates, an addition to the City of Lubbock (4602 96'). BACKGROUND/DISCUSSION: When lots 540 and 541 were platted, a five foot LP&L underground utility easement was dedicated along the east five feet of each lot. These two lots were replatted into Lot 540-A and a new 5-foot easement was dedicated along the west side of Lot 540-A. This ordinance closes the two original 5-foot underground utility easements along the east side of lots 540 and 541. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of the first reading of this ordinance. CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT: # Consider 4 resolutions authorizing the Right -of -Way Department to make offers to 9 property owners for 4 parcels of right-of-way and one drainage easement for the East-West Freeway Railroad relocation (north of Ursuline Street and west of FM 179 and south of Clovis Highway, adjacent to North Frankford). Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for October 14, 1999 Page 3 BACKGROUND/DISCUSSION: These 4 parcels of right-of-way and one drainage easement are needed for the railroad route around west Lubbock in conjunction with the East-West Freeway project. These parcel numbers and property owners are: 1 RR34 and 1 RR34(E) — H. V. Newman, Jr. and Wife, Jo Ann Newman, 1 RR49 — Nancy Hughes, Edith Shobe, The First Christian Church of Lubbock, Texas, Helen Hodges Educational Charitable Trust, and Kerwin Stephens, 1 RR50 — First State Bank of Shallowater, and 1 RR54 (E) — Ronnie Zahn Paving, Inc. Jim Bowman appraised parcels 1 RR34 and 1 RR34 (E), Jimmy Goddard appraised Parcels 1 RR49 and 1 RR50 and Tommy Cantrell appraised Parcel 1 RR54 (E). Parcel 1 RR34 is a 6.35 acre tract of land north of Ursuline Street, west of FM 179. Parcel 1 RR34 (E) is a drainage easement located on the same property and contains 1.06 acres. These two parcels were appraised for a total offer of $87,500, $6,756 for the fee simple taking, $1,015 for the drainage easement, and $79,729 for damages. Parcel 1 RR49 is 60' x 100' or 6,000 sq. ft. (0.14 acre) in size and lies in the right-of-way of north Frankford Avenue, north of Kent Street. This was appraised for an offer of $100. Parcel 1 RR50 contains 48.33 sq. ft. and is located along the east side of north Frankford Avenue, just north of Kent Street. This parcel was appraised for an offer of $100. Parcel 1 RR54 (E) is a drainage easement, contains 17,044.00 sq. ft. (0.39 acre), and was appraised for an offer of. $1,650. These resolutions being presented before the City. Council ask for approval of these offers to these property owners for these parcels. These resolutions authorize the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire these properties. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of our offers to these property owners. Ed Bucy Right -of Way Agent EB:tb