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Home My WebLink AboutResolution - 2008-R0112 - Authorize Conversion Of Portion Of Mcalister Park To Animal Shelter - 03_27_2008Resolution No. 2008-RO112 March 27, 2008 Item No. 6.5 RESOLUTION WHEREAS, the City of Lubbock, a home -rule municipal corporation, in the State of Texas, owns a park known as McAlister Park located at the intersection of Milwaukee Avenue and the Brownfield Highway; and WHEREAS, the McAlister Park property was either partially or completely purchased with federal grant funds administered by the Texas Parks and Wildlife Department; and WHEREAS, the City of Lubbock desires a portion of McAlister Park be converted for use as an animal shelter for the City of Lubbock such portion being further outlined and described in Exhibit "A" attached hereto; and WHEREAS, in order to convert a portion of McAlister Park to an animal shelter and to meet certain requirements of the Texas Parks and Wildlife Department related to the federal grant funds used to purchase the property for McAlister Park, the City of Lubbock must designate suitable replacement property that will be dedicated for park purposes such property being further outlined and described in Exhibit "B" attached hereto; and WHEREAS, the Parks and Recreation Board of the City of Lubbock has approved the plan as submitted by the Parks and Recreation Department of the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock, as the governing body of the City of Lubbock, believes that it is in the best interest of the health, safety and welfare of the citizens of Lubbock to convert a portion of McAlister Park to an animal shelter and dedicate the replacement property as park property; and WHEREAS, the City Council of the City of Lubbock, as the governing body of the City of Lubbock and pursuant to Chapter 26 of the Texas Parks and Wildlife Code, desires to adopt this RESOLUTION changing a portion of the use of McAlister Park to an animal shelter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock desires to convert a portion of McAlister Park to an animal shelter, that portion of McAlister Park being converted to an animal shelter being further outlined and described in Exhibit "A" attached hereto. SECTION 2. THAT, after hearing the testimony and evidence presented to the City Council of the City of Lubbock, the City Council determines that there is no other feasible and prudent alternative to locating an animal shelter on a portion of McAlister Park. SECTION 3. THAT, after hearing the testimony and evidence presented to the City Council of the City of Lubbock, the City Council determines that the project to construct an animal shelter at McAlister Park includes all reasonable planning to minimize the harm to McAlister Park. SECTION 4. THAT the City Council of the City of Lubbock, as the governing body of the City of Lubbock, has considered the clearly enunciated local preferences regarding changing the use of a portion of McAlister Park to build an animal shelter. SECTION 5. THAT the City Council of the City of Lubbock, as the governing body of the City of Lubbock, believes that it is in the best interest of the health, safety and welfare of the citizens of Lubbock to build an animal shelter on a portion of McAlister Park. SECTION 6. THAT, in order to convert a portion of McAlister Park to an animal shelter and to meet certain requirements of the Texas Parks and Wildlife Department related to the federal grant funds used to purchase the property for McAlister Park, the City of Lubbock designates the property outlined and described in Exhibit `B" as replacement park property for that portion of McAlister Park that will be used as an animal shelter. SECTION 7. THAT on the 27t` day of March, 2008, pursuant to Chapter 26 of the Texas Parks and Wildlife Code, the City Council of the City of Lubbock held a public hearing in the council chambers to consider changing the use of a portion of McAlister Park to that of an animal shelter. SECTION 8. THAT, pursuant to § 26.002(c) of the Texas Parks and Wildlife Code, notification of this hearing was published in the newspaper of general circulation once a week for three consecutive weeks prior to the date of this hearing. SECTION 9. THAT, pursuant to § 26.002(a) of the Texas Parks and Wildlife Code, notice of this hearing was given to each person, organization, department, or agency that has supervision over McAlister Park. Passed by the City Council this 27th day of Larch , 2008. v- �.----- DAVID A. MILLER, MAYOR ATTEST: Re ecca Garza, City —Secretkb APPROVED AS TO CONTENT: Tommy Camde , Hea th Director APPROVE AS TO FORM: Mattiew L. Wade, Natural Resources Attorney mlw/cedocs/Res-McAlister Park 031308 Resolution No. 2008—RO112 EXHIBIT "A" BEING a 3.5 acre tract of land out of a 18.645 acre tract as described in Volume 1927, Page 632, Deed Records of Lubbock County, Texas, situated in Section 35, Block AK, Lubbock County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 112 " iron rod with cap, set on the existing West right of way line of Milwaukee Avenue, for the Northeast corner of this 3.5 acre tract, whence the Southeast corner of Section 35, Block AK, bears South 88115'10" East, a distance of 55.00 feet and South 01'44'49" West, a distance of 2516.72 feet; THENCE South 01°44'49" West, along the existing West right of way line of Milwaukee Avenue, a distance of 215.08 feet to a 1/2 " iron rod with cap, set for a corner of this 3.5 acre tract; THENCE South 06010'38" West, along the existing West right of way line of Milwaukee Avenue, a distance of 177.45 feet to a 112 " iron rod with cap, set for the Southeast corner of this 3.5 acre tract; THENCE North 88'15'10" West, a distance of 378.32 feet to a 1/2 " iron rod with cap, set for the Southwest corner of this 3.5 acre tract; THENCE North 01144'50" East, a distance of 392.00 feet to a 1/2 " iron rod with cap, set for the Northwest corner of this 3.5 acre tract; THENCE South 88'1510" East, a distance of 392.02 feet to the point of beginning. CONTAINING 3.5 acres of land. Resolution No. 2008-RO112 EXHIBIT "B" FIELD NOTES on a 68.00 acre tract of land out of the Southwest Quarter of Section 20, Block AK, Lubbock County, Texas as conveyed to the City of Lubbock in Volume 4163, Page 85, Official Real Property Records of Lubbock County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a railroad spike set on the West line of Section 20, Block AK for the Southwest corner of this 68.00 acre tract, whence a 112 " iron rod found for the Southwest corner of said Section 20, Block AK, bears South 01 040'57" West, a distance of 867.88 feet; THENCE North 01 040'57" East, along the West line of said Section 20, Block AK, a distance of 1771.80 feet to a railroad spike found for the Northwest corner of the Southwest Quarter of said Section 20, Block AK and the Northwest corner of this 68.00 acre tract; THENCE South 88017'45" East, at 50.00 feet pass a 1/2 " iron rod with cap, found on the East line of a 50.00 foot right of way easement, continuing for a total distance of 1671.79 feet to a 1/2 " iron rod with cap, set for the Northeast corner of this 68.00 acre tract; THENCE South 01'40'57" West, a distance of 1771.80 feet to a 1/2 " iron rod with cap, set for the Southeast corner of this 68.00 acre tract; THENCE North 88"17'45" West, at 1621.79 feet pass a 1/2 " iron rod with cap, set on the East line of a 50.00 foot right of way easement, continuing for a total distance of 1671.79 feet to the point of beginning.