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Home My WebLink AboutResolution - 6581 - Right Of Way Offer - W K Bigham & Sons - East-West Freeway Railroad Relocation - 10_28_1999Resolution No. 6581 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-55 W. K. Bigham and sons, a partnership $ 2,400.00 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 W. K. Bigham and sons, a partnership BE offered through the Right -of -Way Department of the City of Lubbock the amount of $ 2,400.00 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 28th day of October 1999. WINDY TO ,MAYOR A BST: I W"LL, &UWL:�� Ka a Darnell, 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 — W.K. Bigham & sons September 29, 1999 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH Account No: 8005-1-20 Resolution No. 6581 CSJ No: 0380-01-053 Oct. 28, 1999 Highway No: U.S. 82 (Railroad Relocation) Item No. 18 Parcel No: 1RR55 Grantor: W.K. Bigham and Sons, a Partnership EXHIBIT "A" Being 79.38 M2 (854.4 Sq. Feet) out of a 16.4 acre tract of land, more or less, out of Section 22, Block J-S, E.L.& R.R. RR. Co. Survey, Abstract 862, Lubbock County, Texas, as described in Volume 1351, Page 421 of the Deed Records of Lubbock County, Texas, said tract of land was conveyed by deed dated July 3, 1973 by Pioneer,Pavers, Inc., a Corporation to W.K. Bigham and Sons, a Partnership, which said 79.38 M2 (854.4 Sq Feet) is more particularly described as follows; BEGINNING at a '/z" Iron Rod with Cap, set in the West line of said 16.4 acre tract of the land out of the Southwest 3/4 of Section 22, Block J-S, 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 South 02°18'31" West, 633.437 meters (2078.20 feet) and North 87°34'32" West, 278.154 meters (912.60 feet); (1) THENCE North 02-18'31" East along the West line of said 16.4 acre tract of the land out of the Southwest'/4 of Section 22, a distance of 12.198 meters (40.02 feet) to a'/2" Iron Rod, found in the Southerly Right -of -Way line of U.S. Highway 84, for the Northwest comer of this parcel; r (2) THENCE South 44°0737" East, along the Southerly Right -of Way line of U.S. Highway 84 and the Northerly line of said 16.4 acre tract, a distance of 18.107 meters (59.41 feet) to a'/z" Iron Rod with Cap, set in the Southerly Right -of -Way line of U.S. Highway 84 and the proposed Southerly Railroad Right -of Way line, for the Southeast corner of this parcel; (3) THENCE Northwesterly, along the arc of a curve to the left and the proposed Southerly Railroad Right -of -Way line, an arc distance of 13.134 meters (43.09 feet), to the P.O.B, said curve has a radius of 315.469 meters (1035.00 feet) and a chord that bears North 86°31'08" West, 13.133 meters (43.09 feet). PAR1RR55.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 A plat of even survey date herewith accompanies this legal description SURVEYED ON THE GROUND OCTOBER, 1998 D-L"gAm-A'r ED, I'll, REGISTERED PR SSIONAL LAND SURVEYOR Note; English units are provided for information only. N �CQ;••p�STRq�• 0 ' ................. SCARY D. WILW ..`:A...4239 `.AQ `•qa t�'O �9y°•sua� PAR1RR55.DOC (806) 792-4731 - Fax (806) 792-1646. 3330 70th Street, Suite 201 - Lubbock, Texas 79413