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HomeMy WebLinkAboutResolution - 6575 - Right Of Way Offer - Western Commerical Ltd - E-W Freeway Railroad Relocation - 10_28_1999Resolution No.6575 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-37 Western Commercial, Ltd. $ 40,000 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 Western Commercial, Ltd. BE offered through the Right -of -Way Department of the City of Lubbock the amount of $ 40,000 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. WINDY SI TON, MAYOR A ST: ((A� 6VIVA Ka arnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agerff APPROVED AS TO FORM: �Za Linda Chamales Supervising Attorney/Office Practice gs/ccdocs/East-West Freeway RR - Westem Commercial, Ltd..res October 15, 1999 s. WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS NEW MEXICO • ARIZONA • NEVADA . UTAH Resolution No. 6575 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: 1RR37 Grantor: Western Commercial Ltd. WI: Being 1.19 hectares (2.94 acres) of land out of 160 acres (deed call), the West 1/2 of the West 1/2 of Section No. 30, Block J-S, E.L.- & R.R. Ry. Co., John Wolffarth, Original Grantee, Certificate No. 1267, Abstract No. 910, Patent No. 49, Volume 22A, dated March 5, 1924, Lubbock County, Texas, said 160 acre tract of land was conveyed by deed dated June 12, 1992 by James T. McMenamy and Alice B. McMenamy to Western Commercial Ltd. and recorded in Volume 3 90 1, Page 6, of the Deed Records of Lubbock County, Texas, which said 1.19 hectares (2.94 acres) is more particularly described as follows; BEGINNING at'a 1/2" Iron Rod with Cap, set in the East Right -of -Way line of F.M. 179 and in the proposed North Railroad Right -of -Way line, for the Northwest and beginning corner of this parcel, whence the Northwest corner of Section 30, Block J-S, bears North 02014159" East, 805.061 meters (2641.27 feet) and North 87°41' l 4" West, 12.192 meters ( 40.00 feet) ; (1) THENCE South 87°29'21" East, along the proposed North Railroad Right -of -Way line, a distance of 390.230 meters (1280.28 feet) to a '/2" Iron Rod with Cap, set in the East line of said 160 acre tract of land and in the proposed North. Railroad Right -of -Way line, for the Northeast corner of this parcel; (2) THENCE South 02015'10" West, along the East line of said 160 acre tract of land, a distance of 30.480 meters (100.00 feet) to a '/2" Iron Rod with Cap, set in the East line of said 160 acre tract of land and in the proposed South Railroad Right -of -Way line, for the Southeast corner of this parcel; PARlRR37DOC (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 (3) THENCE North 87029'21" West, along the proposed South Railroad Right -of -Way line, a distance of 390.230 meters (1280.28 feet), to a'/2" Iron Rod with Cap, set in the East Right -of - Way line of F.M. 179 and in the proposed South Railroad Right -of -Way line, for the Southwest corner of this parcel; (4) THENCE North 02-14'59" East, along the East Right -of -Way line of F.M. 179, 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 OF f�A '.�ST• Fi '..................�. •.. GARY D. WILSON .......... ": o" 4239 ..A:� +`1 PyO REGISTERED M&ESSIONAL LAND. SURVEYOR Note: English units are provided for information only. PAR1RR37.DOC 2 (806) 792-4731 - Fax (806) 792-1646 3330 70th Street, Suite 201 • Lubbock, Texas 79413