HomeMy WebLinkAboutResolution - 6574 - Right Of Way Offer - Hilton & Anna B. Foerster - E-W Freeway Railroad Relocation - 10_28_1999Resolution No. 6574
Oct. 28, 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 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-35 Hilton Foerster and wife, Anna Belle Foerster $123,500
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for the above described property are hereby rescinded and revoked.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 Hilton Foerster
and wife, Anna Belle Foerster BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $ 123,500 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 28th day of October , 1999.
Y S O , MAYOR
ATT ST: . I z AN Ltk-.,
kaytia barnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way gent
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs/ccdocs/East-West Freeway RR— Foerster, Hilton & Anna Belle.res
October 18, 1999
T
. , WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA - NEVADA • UTAH
Resolution No. 6574
Oct. 28, 1999
Item No. 18
County:
Lubbock
Account No:
8005-1-20
CSJ No:
0380-01-053
Highway No:
U.S. 82 (Railroad Relocation)
Parcel No:
1RR35
Grantor:
Hilton Foerster and wife Anna Belle Foerster
.R 1
Being 2.45 hectares (6.05 acres) of land out of the North one-half (N/2) of Section 28, Block J-S
, Abstract No. 1442, 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 in instrument
dated February 15, 1950, recorded in Volume 384, Page 120, of the Deed Records of Lubbock
County, Texas, said North one-half (N/2) of Section 28, Block J-S, Abstract No. 1442,
Certificate No. 1265, E.L. & R.R. RR. Co. Survey, Lubbock County, Texas, was conveyed by
deed dated February 19, 1996 by Richard Alan Edwards, James Phillip Edwards, Christopher
Wayne Edwards and David Michael Edwards to Hilton Foerster and wife Anna Belle Foerster
and recorded in Volume 5103, Page 270 of the Deed Records of Lubbock County, Texas, which
said 2.45 hectares (6.05 acres) is more particularly described as follows;
BEGINNING at a'/z" Iron Rod with Cap, set in the North line of said Section 28, Block J-S and
in the proposed East Railroad Right -of -Way line, for the Northeast and beginning corner of this
parcel, whence a railroad spike, found for the Northeast corner of Section 28, Block J-S, bears
South 87°2845" East, 778.150 meters ( 2552.98 feet) ;
(1) THE, South 02°17'59" West, along the proposed East Railroad Right -of -Way line, a
distance of 803.293 meters (2635.47 feet) to a '/2" Iron Rod with Cap, set in the South line of
said North one-half (N/2) of Section 28, Block J-S and in the proposed East Railroad Right -of -
Way line, for the Southeast corner of this parcel,
(2) THENCE North 87030'35" West, along the South line of said North one-half (N/2) of
Section 28, Block J-S, a distance of 30.480 meters (100.00 feet), to a '/2" Iron Rod with Cap, set
in the South line of said North one-half (N/2) of Section 28, Block J-S and in the proposed West
Railroad Right -of -Way line, for the Southwest corner of this parcel;
PAR1RR35.D0C
(806) 792-4731 - Fax (806) 792-1646 ' • 3330 70th Street, Suite 201 • Lubbock, Texas 79413
6
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
(3) THENCE North 02017'59" East, along the proposed West Railroad Right -of -Way line,
a distance of 803.308 meters (2635.52 feet) to a'/2" Iron Rod with Cap, set in the North line of
said North one-half (N/2) of Section 28, Block J-S and in the proposed West Railroad Right -of -
Way line, for the Northwest corner of this parcel;
(4) THENCE South 87028'45" East, along the North line of said North one-half (N/2) of
Section 28, Block J-S, a distance of 30.480 meters (100.00 feet), to the P.O.B.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND OCTOBER ,1998
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Note: English units are provided for information only.
2
PAR1RR35.DOC
(806) 792-4731 . Fax (806) 792-1646 .. 3330 70th Street, Suite 201 . Lubbock, Texas 79413