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HomeMy WebLinkAboutResolution - 6576 - Right Of Way Offer - Martha V F Sands - E-W Freeway Railroad Relocation - 10_28_1999Resolution No. 6576 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 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 38 & 38E Martha Virginia Ferris Sands $ 27,900 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 THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked.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 Martha Virginia Ferris Sands BE offered through the Right -of -Way Department of the City of Lubbock the amount of $27,900 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 28th day of October , 1999. WINDY SIT N, MAYOR EST: a e Darnell City'Secretary APPROVED /SAS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/East-West Freeway Railroad -Martha Virginia Ferris Sands.res ccdocs/October 14, 1999 h WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW MEXICO • ARIZONA - NEVADA - UTAH Resolution No. 6576 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: 1RR38 Grantor: Martha Virginia Ferris Sands EXHIBIT "A" Being 1.23 hectares (3.03 acres) of land out of the East one-half (E/2) of the West one-half (W/2) of Section 30, Block J-S, Abstract 910, Lubbock County, Texas, containing 160 acres of land, more or less, save and except a 1.3729 acre tract described by metes and bounds in Volume 2630, Page 264, of the Deed Records of Lubbock County, Texas, said 160 acre tract of land was conveyed by deed dated September 14, 1987 by The Martha Virginia Ferris Trust, by and through Robert M. Ricketts, Trustee, to Martha Virginia Ferris Sands and recorded in Volume 2630, Page 262 of the Deed Records of Lubbock County, Texas, which said 1.23 hectares (3.03 acres) is more particularly described as follows; BEGINNING at a 1/2" Iron Rod with Cap, set in the West line of said 160 acre tract of land 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, Abstract 910, bears North 02° 15' 10" East, 806.411 meters (2645.70 feet) and North 87°41' 14" West, 402.459 meters 1320.40 feet) ; (1) THENCE South 87°29'21" East, along the proposed North Railroad Right -of -Way line, a distance of 402.416 meters (1320.26 feet) to a '/a" 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 02°15'22" West, along the East line of said 160 acre tract of land, a distance of 30.480 meters (100.00 feet) to a '/Z" 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; PARIRR38DOC (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 87°29'21" West, along the proposed South Railroad Right -of -Way line, a distance of 402.413 meters (1320.25 feet), to a '/2" Iron Rod with Cap, set in the West line of said 160 acre tract of land and in the proposed South Railroad Right -of -Way line, for the Southwest corner of this parcel; (4) THENCE North 02°15'10" East, along the West line of said 160 acre tract of land, 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 9�( • •GARY D. WILSON ............... . REGISTERED PR SSIONAL LAND SURVEYOR ..`.V . 0 o?o'o .� .�FSS� . •l f1 Note: English units are provided for information only. PARIRR38.DOC 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 Resolution No.6576 Oct. 28, 1999 County: Lubbock Item No. 13 Account No: 8005-1-20 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) ` Parcel No: 1RR38(E) Grantor: Martha Virginia Ferris Sands EXHIBIT "A" Drainage Easement Being 0.55 hectares (1.36 acres) of land out of the East one-half (E/2) of the West one-half (W/2) of Section 30, Block J-S, Abstract 910, E.L & R.R. RR. Co. Survey, Lubbock County, Texas, containing 160 acres of land, more or less, save and except a 1.3729 acre tract described by metes and bounds in Volume 2630, Page 262, .of the Deed Records of Lubbock County, Texas, said 160 acre tract of land was conveyed by deed dated September 14, 1987 by The Martha Virginia Ferris Trust, by and through Robert M. Ricketts, Trustee, to Martha Virginia Ferris Sands and recorded in Volume 2630, Page 262 of the Deed Records of Lubbock County, Texas, which said 0.55 hectares (1.36 acres) is more particularly described as follows; BEGEWUNG at a 1/2" Iron Rod with Cap, set in the proposed North Railroad Right -of -Way line, for the Southwest and beginning corner of this parcel, whence the Southwest corner of Section 30, Block J-S, Abstract 910, E.L. & R.R. RR. Co. Survey, bears North 87°29'21" West, 624.216 meters (2047.95 feet) and South 02°14'59" West, 804.997 meters ( 2641.06 feet) ; (1) THENCE North 25044'21" West, a distance of 251.290 meters (824.44 feet) to a '/2" Iron Rod with Cap, set for the Northwest corner of this parcel; (2) THENCE North 64015'39" East, a distance of 21.336 meters (70.00 feet) to a 1/z" Iron Rod with Cap, set for the Northeast corner of this parcel; (3) THENCE South 25044'21" East, a distance of 262.753 meters (862.05 feet), to a I/2" Iron Rod with Cap, set in the proposed North Railroad Right -of -Way line, for the Southeast corner of this parcel; PAR1RR38E.D0C (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 (4) THENCE North 87°29'21" West, along the proposed North Railroad Right -of -Way line, a distance of 24.223 meters (79.47 feet) to the point of beginning. A plat of even survey date herewith accompanies this legal description SURVEYED ON THE GROUND MAY 1999'°: : ,... ...... ......... GARY D WI!_SON 4239 REGISTE D PR SSIONAL LAND SURVEYOR �?_1?9 Note: English units are provided for information only. PAR1RiR38E.DOC 2 (806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413