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Home My WebLink AboutResolution - 2009-R0551 - Right Of Way - Patsy J Day - 12/02/2009 (2)Resolution No. 2009-RO551 December 2, 2009 Item No. 6.5 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 Lake Alan Henry Pipeline Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tracts of land further described in Exhibits "A" and "B" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tracts, being Patsy J. Day, individually, BE offered through the Right -of -Way Department of the City of Lubbock the amount of S26,153.65, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings �to acquire the fee simple title of said tracts. Passed by the City Council this TTEST: beccatGarza, City Secretary 2nd day of December , 2009. TOM MARTIN, MAYOR APPROVED AS TO CONTENT: Marsha Reed, P.E. Chief Operation Officer Dave Booher, Right -of -Way Agent orney ms/otter & condemnation-Day.res 1 1.3.09 Resolution No. 2009-RO551 '1 i 1) M 'A' _ Poge i of 4 j Bi11y n uridfe5lon Vol.238 Pg.546 S 88050'32" E 5273.3' SEE DETAIL--� Patsy pray Vol.283 P .3,30 !176 Rods - Permanent Esmt. /71_,Tg Temporary Const. l027 AC Permanent esmt 1 Easement 97 0,07 Ac. 60' Permanent Easement —/ �~, c N 6Cr5r46" W—� ' . o 190Y 0 A.O.B. co Y- 7090953.91 n co DETAIL X=1175a26.o8 ry N Ln to Z3111y Don Nuddleston ON 10 -- n V01.238 Pg. 546 01.OGK 5 a N. I$ G. N. K. K. SUKVEY zI UAKZA GOUNTY, TEXAS I 1 19 97 2.. Roo 6a Access 1�s1wr. 10.6' E AS T ::5::. ...................:.:..... a , ... p __ 18 FD.�/2" ROD �.7.! FO,r/z" ROD 105 "7 p 105 A iegof descriptlon of even survey date herewith N accompanies this survey plot. Aisot an the g nd o c -May, 2009 W E Id of""onal Land Surveyor Date: S All Northings and Eastings shown are project coordinates and may be converted to Texas State Plane Coordinates, •= Set /z" Iron Rod With Cop North Central Zone, NAD83 by dividing by a surface SCALE' V = 1000' REVISION PLAT DATE: 4-10-09 adjustment factor of 1.0002396 CLIENT; PARKH1L SMITH & COOPER - CITY OF LUBBOCK All distances shown are surface distances. Y ATE' 3 5 2009 Bearings shown are grid bearings based an the Texas State Plane Coordinate System, North Central Zone, NAD83 Datum. This survey and olliniorruotion hereon is for the exclusive use of CITY OF LUBBOCK and shaRriol be copied or used except for the purpose for which it is expressly furnished. this drawing and all copses {partial or complelel shalibe returned to the owner upon demand. - DRAWN BY- B. BURROW SURVF-D SURVEYED BY: J.M. MARTIN CHECKED BY- G. WIL SON FILE-- PAR5.dgn I FILE NO.35,760 1 SHEET 1 OF 2 qV31'30 701h ST.. SUrTE 202 • LL1198M, TX. 72413 1&16) 788-0020 • FAX 1506) 792-M6 EXHIBIT "A" Page 2of2_ PARCEL NO. 5 PATSY DAY Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in the Northeast corner of Section 104, Block 5, H. & G.N. R.R. Survey, Garza County, Texas and said pipeline centerline being described as follows: Beginning at a 1/2" iron rod with cap, set on the East line of said Section 104 for the beginning of this description, from whence the Northeast corner of said Section 104 bears North 1008'45" East, a distance of 91.06 feet, said point of beginning having a project coordinate of Y = 7090953.91 and X = 1175026.08; Thence North 60051'46" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 194.10 feet to a 1/2" iron rod with cap set on the North line of said Section 104, for the end of this centerline description, whence the Northeast corner of said Section 104 bears South 881,50'32" East, a distance of 171.39 feet. Containing 11,76 rods. (0.27 Acres) The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the accompanying survey plat and said temporary construction easement contains 0.07 acres of land. The said temporary construction easement shall expire as noted in the easement agreement. Notes: 1. A survey plat of even survey date herewith accompanies this legal description. 2. Surveyed on the ground March -May, 2009. 3. Bearings shown are grid bearings based on the Texas State Plane Coordinate System, Texas North Central Zone, Nad83 Datum. 4. All distance shown are surface distances. S. Surface a+djuGtment factor for entire project is 1.0002396 Registered fessional Land Surveyor Date: HIGH-TECH LAND AND GPS SURVEYORS, INC. 3330 70th St., Suite 202 • Lubbock, Texas 79413 (806) 788-0020 • Fax (806) 792-1646 Resolution No. 2009-RO551 lI f 1 21 Pope 1 of 2 �•/ y 88 -4I r;il1)• Dar, r'r;dtilest[in 4 ir.�.ic± ro . h lr".' 1 2 1 4 0 N 880 51'22" W 5283.1' U 1-1i4 PII'I- 103 i 32 60' Temporary Conte Esmf. 6.54 AC. 60' Permanent �rP a Easement c M 132 l33 M 6EGTION 120 bLOGK 5 N. fl!� G. N. K. K. 6UKV6Y UAKZA GOUTY, T15-XA6 0, Potsy f Vol.263 Pg.324 29593 Rods - Permanent Esmt. 1673 Ac -Permanent Esmfd \\ 0 N 59'08'34' W----' 174.90 J w P-O.B. n Y=7093976.55 x-1169®04.94 0 rA 103 A legal description of even survey date herewith N occompon'ies this survey plat, �u use ed on th grou rch-May. 2009 1 - W ® E Registers rc,fessionol Land Surveyor Date ~2 S All Northings and Eastings shown are project coordinates and may be converted to Texas State Plane Coordinates, •= Set /2" Iron Rod With Cop North Central Zone, NAD83 by dividing by a surface SCALE: 1' = 1000' 1 REVISION PLAT DATE: 4-11-09 adjustment factor of 1.0002396 CLIENT: PARKHILL, SMITH & COOPER - CITY OF LUBBOCK All distances shown are surface distances. DRAWN BY: B. BURROW SURVEY DATE: 3-5,2009 Bearings shown ore grid bearings based on the Texas SURVEYED BY- J.M. MARTIN I CHECKED BY: G. WILSON State Plane Coordinate System, North Central Zone, FILE: PAR7.d n FILE NO. 55,760 I SHEET t OF 2 NAD83 Datum. This survey and all inlormatlon hereon is for the exclusive use of Itt IV-1-30 'INC V WS IM'K. CITY OF LUBBOCK LL�7and shollnot be copied or used except for the purpose for which 7oth ST..SUITE 202 - LUBOOCK. TX.79413 it is expressly furnished. this drawing and all copies (partial or (80617M.0020 • FAX t806) 742.1646 complete) shollbe returned to the owner upon demand. v 0� EXHIBIIT " " Page 2 of PARCEL, NO. 7 PATSY DAY Resolution No. 2009-RO551 Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in the Northeast corner of Section 120, Block 5, H. & G.N. R.R. Survey, Garza County, Texas and said pipeline centerline being described as follows: Beginning at a '/z" iron rod with cap, set on the East line of said Section 120 for the beginning of this description, from whence a 1-1/4" iron pipe found for the Northeast corner of said Section 120 bears North lo07'12" East, a distance of 2459.58 feet, said point of beginning having a project coordinate of Y = 7093976.55 and X = 1169804.94; Thence North 59008'34" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 174.92 feet to a point; Thence North 58035'26" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 4708.00 feet to a 1/2" iron rod with cap set on the North line of said Section 120, for the end of this description, whence a 1-1/4" iron pipe found for the Northwest corner of said Section 120 bears North 88051'22" West, a distance of 1065.88 feet; Containing 295.93 rods. (6.73 acres) The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the accompanying survey plat and said temporary construction easement contains 6.54 acres of land. The said temporary construction easement shall expire as noted in the easement agreement. Notes: 1. A survey plat of even survey date herewith accompanies this legal description. 2. Surveyed on the ground March -May, 2009. 3. Bearings shown are grid bearings based on the Central Zone, Nad83 Datum. 4. All distance shown are surface distances. 5. Surface adjustment factor for entire project is Reg istered(yrofessiona I Land Surveyor Date: 6o - Z'32 ♦w .� HIGH-TECH LAND AND GPS SURVEYORS, INC. 3330 70th St., Suite 202 • Lubbock, Texas 79413 (806) 788-0020 • Fax (806) 792-1646 Texas State Plane Coordinate System, Texas North 1.0002396