HomeMy WebLinkAboutResolution - 6603 - Right Of Way Offer - Huffaker Family - E-W Freeway Railroad Relocation Project - 11_11_1999Resolution No. 6603
Nov. 11, 1999
Item No. 13
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 11 & 11E Maurice Huffaker A/K/A M/J Huffaker, $164,900
Wayne Huffaker, John Huffaker, Gerald
Huffaker, Donald Lee Huffaker, Roger
Douglas Huffaker, Joyce Iva Huffaker A/K/A
Joyce Huffaker A/K/A Iva Joyce Huffaker
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for the above -described property are hereby rescinded and revoked.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
Maurice Huffaker A/K/A M.J. Huffaker,Wayne Huffaker, John Huffaker, Gerald
Huffaker, Donald Lee Huffaker, Roger Douglas Huffaker, Joyce Iva Huffaker
A/K/A Joyce Huffaker A/K/A Iva Joyce Huffaker BE offered through the Right -of -
Way Department of the City of Lubbock the amount of $164,900 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 11th day of November , 1999.
1-4
WIND SIT N, MAYOR
APPROVED AS TO CONTENT:
ez � 6,:.- S �
Ed Bucy, Right -of -Way gent
APPROVED AS TO FORM:
ohn M. Knight, A<�slistant Cry Attorney
gs/East-West Freeway Railroad-Huffaker
ccdocs/October 28, 1999
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS NEW MEXICO * ARIZONA e NEVADA * UTAH
County: Lubbock
Account No: 8005-1-20 Resolution No. 6603
CSJ No: 0380-01-053 Nov. 11, 1999
Highway No: U.S. 82 (Railroad Relocation) Item No. 13
Parcel No: 1RR11(E)
Grantor: Maurice Huffaker A/K/A M.J. Huffaker, Wayne Huffaker, John
Huffaker, Gerald Huffaker, Donald Lee Huffaker, Roger Douglas
Huffaker, Joyce Iva Huffaker A/K/A Joyce Huffaker A/K/A Iva
Joyce Huffaker
EXHIBIT "A"
Drainage Easement
Being 0.05 hectares (0.13 acres) of land out of the East '/s of Section 3, Block D-6, H.E. &
W.T. RR Company Survey, Lubbock County, Texas, save and except that portion thereof
heretofore conveyed to others as described in Volume 1402, Page 302 of the Deed Records
of Lubbock County, Texas, said East 1/2 of Section 3, Block D-6 was conveyed by deed
dated September 13, 1974 by Richard P. Reese to W.C. Huffaker and recorded in Volume
1402, Page 302 of the Deed Records of Lubbock County, Texas, which said 0.05 hectares
(0.13 acres) is more particularly described as follows;
BEGINNING at a'/z" Iron Rod with Cap, set in the proposed East Railroad Right -of -Way
line, for the Southwest and beginning comer of this parcel, whence Southeast corner of
Section 3, Block D-6, bears South 02°32'58" West, 297.720 meters (976.77 feet) and South
87038'23" East, 751.490 meters (2465.51 feet);
(1) THENCE North 02°32'58" East, along the proposed East Railroad Right -of -Way
line, a distance of 14.865 meters (48.77 feet), to a'/z" Iron Rod with Cap, set for the P.C. of
a curve to the right, and for a comer of this parcel,
(2) THENCE Northeasterly, along the arc of a curve to the right and the proposed East
Railroad Right -of -Way line, an arc distance of 2.566 meters (8.42 feet), to a 1/2" Iron Rod
with Cap, set in the proposed Easterly Railroad Right -of -Way line, for the Northwest
corner of this parcel, said curve has a radius of 566.984 meters (1860.18 feet) and a chord
that bears North 02041' 15" East, 2.566 meters (8.42 feet);
(806) 792-4731 a 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 South 71°30'25" East, a distance of 34.644 meters (113.66 feet), to a
'/2" Iron Rod with Cap, set for the Northeast corner of this parcel,
(4) THENCE South 18°29'35" West; a distance of 16.764 meters ( 55.00 feet ), to a
'/2" Iron Rod with Cap, set for the Southeast corner of this parcel ;
(5) THENCE North 71030'25" West, a distance of 29.861 meters (97.97 feet), to the
point of beginning.
A plat of even survey date herewith accompanies this legal description
SURVEYED ON THE GROUND MAY ,1999
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• 'y CWESSIRONAL LAND SURVEYOR
Note: English units are provided for information only.
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•GARY D. WILSON
4239
PAR1RR11E.DOC
(806) 792-4731 a 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
County: Lubbock Resolution No. 6603
Account No: 8005-1-20 Nov. 11. 1999
CSJ No: 0380-01-053 Item No..13
Highway No: U.S. 82 (Railroad Relocation)
Parcel No: 1RR11
Grantor: Maurice Huffaker A/K/A M.J. Huffaker, Wayne Huffaker, John
Huffaker, Gerald Huffaker, Donald Lee Huffaker, Roger Douglas
Huffaker, Joyce Iva Huffaker A/K/A Joyce Huffaker A/K/A Iva
Joyce Huffaker
Being 5.278 hectares (13.04 acres) of land out of the East '/2 of Section 3, Block D-6, H.E.
& W.T. RR Company Survey, Lubbock County, Texas, save and except that portion
thereof heretofore conveyed to others as described in Volume 1402, Page 302 of the Deed
Records of Lubbock County, Texas, said East '/Z of Section 3, Block D-6 was conveyed by
deed dated September 13, 1974 by Richard P. Reese to W.C. Huffaker and recorded in
Volume 1402, Page 302 of the Deed Records of Lubbock County, Texas, which said 5.278
hectares (13.04 acres) is more particularly described as follows;
BEGINNING at a'/z" Iron Rod with Cap, set in the North line of the East '/z of said
Section 3, Block D-6, 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 3, Block D-6, bears South 87°36`19" East, 12.192 meters
(40.00 feet);
(1) THENCE South 02°16'30" West, along the proposed East Railroad Right -of -Way
line, at a distance of 45.726 meters (150.02 feet), pass a'/2" Iron Rod with Cap, set at the
intersection of the West R.O.W. line of FM 179, the South R.O.W. line of FM 2255 and the
proposed East Railroad Right -of -Way line, continuing for a total distance of 75.971 meters
(249.25 feet) to a'/2" Iron Rod with Cap, set in the West R.O.W. line of FM 179 and the
proposed East Railroad Right -of -Way line, for a corner of this parcel,
PAR1RR11.DOC r
(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 Southwesterly, along the arc of a curve to the right and the proposed
East Railroad Right -of -Way line, an arc distance of 469.594 meters (1540.66 feet), to a'/Z"
Iron Rod with Cap, set in the proposed Southerly Railroad Right -of -Way line, for a corner
of this parcel, said curve has a radius of 597.367 meters (1959.86 feet) and a chord that
bears South 24°46'34" West, 457.594 meters (1501.29 feet);
(3) THENCE South 47016'37" West, along the proposed Southerly Railroad Right -of -
Way line, a distance of.560.998 meters (1840.54 feet), to a '/z" Iron Rod with Cap, set in
the proposed Southerly Railroad Right -of -Way line, for a corner of this parcel,
(4) THENCE Southwesterly along the arc of a curve to the left and the proposed
Southerly Railroad Right -of -Way line, an arc distance of 442.357 meters (1451.30`feet), to
a %z" Iron Rod with Cap set, in the proposed East Railroad Right -of -Way line , for a corner
of this parcel, said curve has a radius of 566.886 meters (1859.86 feet) and a chord that
bears South 24°54'48" West 431.220 meters (1414.76 feet);
(5) THENCE South 02°32'58" West, along the proposed East Railroad Right -of -Way
line, a distance of 183.042 meters ( 600.53 feet ), to a '/2" Iron Rod with Cap, set in the
North line of a tract of land described in Volume 856, Page 315, Deed Records of Lubbock
County, Texas and in the proposed East Railroad Right -of -Way line, for the Southeast
corner of this parcel ;
(6) THENCE North 87-38'23" West along the North line of said tract of land
described in Volume 856, Page 315, Deed Records of Lubbock County, Texas, a distance
of 30.480 meters (100.00 feet), to a '/2" Iron Rod with Cap, set in the proposed West
Railroad Right -of -Way line, for the Southwest corner of this parcel;
(7) THENCE North 02-32'58" East, along the proposed West Railroad Right -of -Way
line, a distance of 183.057 meters (600.58 feet), to a'/2" Iron Rod with Cap, set in the
proposed West Railroad Right -of -Way line, for a corner of this parcel;
PAR1RR11.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 a NEW MEXICO e ARIZONA • NEVADA 1, UTAH
(8) THENCE Northeasterly along the arc of a curve to the right and the proposed
Northerly Railroad Right -of -Way line, an arc distance of 466.330 meters (I529.95 feet), to
a '/2" Iron Rod with Cap, set in the proposed Northerly Railroad Right -of -Way line, for a
corner of this parcel, said curve has a radius of 597.367 meters (1959.86 feet) and a chord
that bears North 24°54'48" East, 454.580 meters (1491.40 feet
(9) THENCE North 47-16'37" East, along the proposed Northerly Railroad Right -of -
Way line, a distance of , 561.107 meters (1840.90 feet), to a '/2" Iron Rod with Cap, set in
the proposed Northerly Railroad Right -of -Way line, for a corner of this parcel;
(10) THENCE Northeasterly, along the arc of a curve to the left, and the proposed
Westerly Railroad Right -of -Way line, an arc distance of 445.253 meters (1460.80 feet), to
a'/z" Iron Rod with Cap, set in the proposed West Railroad Right -of -Way line, for a corner
of this parcel, said curve has a radius of 566.886 meters (1859.86 feet) and a chord that
bears North 24°46'34" East, 433.896 meters (1423.54 feet);
(11) THENCE North 02°16'30" East, along the proposed West Railroad Right -of -Way
line, at a distance of .45.751 meters (150.10 feet), pass a '/2" Iron Rod with Cap, -set in the
South R.O.W. line of FM 2255 and in the proposed West Railroad Right -of -Way line,
continuing for a total distance of 76.237 meters (250.12 feet), to a '/2" Iron Rod with Cap,
set in the North line of said East '/z of Section 3, Block D-6, for the Northwest corner of
this parcel;
(12) THENCE South 87°36' 19" East, along the North line of said East %Z of Section 3, .
Block D-6, 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 MARCH ,1998 �� 0F•t�rk
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9, O-A F-) t, - — GARY D. WILSON
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REGISTERED P FESSIONAL LAND SURVEYOR . �'�yo. ss°.p�
Note: English units are provided for information o Y. PAR1RR11. DC
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(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413
CITY OF LUBBOCK
INTEROFFICE MEMO
TO: Lary Hertel, City Engineer
FROM: Ed Bucy, Right -of -Way Agent
DATE: October 29, 1999
SUBJECT: Agenda Items and Comments for City Council
Meeting on November 11, 1999
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
CONSENT AGENDA
ORDINANCE #
ITEM #/SUBJECT:
# An ordinance abandoning and closing a portion of Avenue G adjacent to
Block 3, Morning Side Addition to the City of Lubbock, a portion of a IS -
foot alley in Block 3, Morning Side Addition, a 15-foot alley in Block 4,
Morning Side Addition, and a portion of an east -west 20-foot alley in Block
2, Morning Side Addition to the City of Lubbock (802 27" Street).
BACKGROUND/DISCUSSION:
This ordinance was read for the first time as a routine consent agenda item at
the November 4, 1999 City Council meeting.
SUMMARY/RECOMMENDATION:
The Right -of -Way Department recommends approval of the second reading of
this ordinance.
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for November 11, 1999
Page 2
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #/SUBJECT:
# Consider 1 resolution authorizing the Right -of -Way Department to make
offers to 7 property owners for 2 parcels of right-of-way for the East-West
Freeway Railroad Relocation (north of 19'h Street, west of FM 179, south of
4' Street).
BACKGROUND/DISCUSSION:
These 2 parcels of right-of-way 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 RR 11 and 1 RR 11(E) — Maurice Huffaker,
a/k/a M.J. Huffaker, Wayne Huffaker, John Huffaker, Gerald Huffaker, Donald
Lee Huffaker, Roger Douglas Huffaker, Joyce Iva Huffaker, a/k/a Joyce Huffaker,
a/k/a Iva Joyce Huffaker. 1 RR 11 is a 13.04 acre fee simple taking and 1 RR 11
(E) is a 0.13 acre drainage easement. These two parcels were appraised by
Tommy Cantrell and reviewed by Jimmy Goddard. These two parcels are
located in the half :section of land north of 19"' Street, west of FM 179 (Inter
Avenue) and south of 4"' Street. 1 RR 11, the 13.04 acre fee simple taking, was
appraised for a total offer of $164,815, $27,405 was the value placed on the land
and $137,410 was the value placed on the damages. 1 RR 11(E), the 0.13 acre
drainage easement, was appraised for an offer of $85.00. Total offer to the
Huffaker family for both parcels is $164,000.00.
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