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HomeMy WebLinkAboutResolution - 2005-R0326 - Land Acquisition For Street Widening Project - Wechter & Skibell - 07_14_2005Resolution No. 2005-RO326 July 14, 2005 Item 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 50`h Street widening project from Slide Road to Loop 289 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 tract of land further described in Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being AARON WECHTER; IRVIN SKIBELL, a/k/a Irvin Alfred Skibell, Individually and as Co -Trustee of the Shirlene and Irvin Skibell Marital Trust, created under the Last Will and Testament of Shirlene Skibell, Deceased, and as Co -Trustee of the Shirlene and Irvin Skibell Family Trust, created under the Last Will and Testament of Shirlene Skibell, Deceased; BERNARD FRANK SKIBELL, a/k/a Bernard F. Skibell; DAVID LUBIN SKIBELL, a/k/a David L. Skibell; RICHARD BALK SKIBELL, a/k/a Richard B. Skibell, Individually and as Co -Trustee of the Shirlene and Irvin Skibell Marital Trust, created under the Last Will and Testament of Shirlene Skibell, Deceased, and as Co -Trustee of the Shirlene and Irvin Skibell Family Trust, created under the Last Will and Testament of Shirlene Skibell, Deceased; and NORMA ELAINE SKIBELL, Individually and as Independent Executrix of the Estate of Albert Skibell, Deceased, and as Trustee of the Albert Skibell Marital Trust, created under the Last Will and Testament of Albert Skibell, Deceased, and as Trustee of the Albert Skibell Estate trust, created under the Last Will and Testament of Albert Skibell, Deceased BE offered through the Right -of -Way Department of the City of Lubbock the amount of $200,000.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, 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. Passed by the City Council this 14th day of _Tiny -4 , 2005. GAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Kgent APPROVED AS TO FORM: Linda Chamales Senior Attorney/Office Practice Section ml/ccdocs/SlideRdto50thSt-Skibell. res June 22, 2005 Resolution No. 2005-RO326 EXHIBIT "A" WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH Parcel No: 13 Grantor. L111 M 1 "A„ Page 1 of 3 Being 0.115 acres (5000 Sq. Ft.) out of Lot 1,- Meadows Addition to the City of Lubbock, Lubbock County, Texas, as recorded in Volume 1329, Page 497 of the Deed Records of Lubbock County, Texas, which said 0.115 acres (5000 Sq. Ft.) of land is more particularly described as follows: BEGINNING at '/2" iron rod with cap, found in the existing South right-of-way line of 5e Street for the Northwest corner of said Lot 1, Meadows Addition and for the Northwest comer of this parcel; (1) THENCE South 88°04'15" East, along the existing South right-of-way line of said 50`h Street and the North line of said Lot 1, Meadows Addition, 655.00 feet to a'/z" iron rod with cap, found for the most Northerly Northeast comer of said Lot 1, Meadows Addition and for the most Northerly Northeast corner of this parcel; (2) THENCE Southeasterly along the arc of a curve to the right and along the existing South right-of-way line of said 50`h Street and the North line of said Lot 1, Meadows Addition, an arc distance of 23.76 feet to '/2" iron rod with cap, found in the East line of said Lot 1, Meadows Addition and the existing West right-of-way line of Bangor Avenue for a comer of this parcel, said curve has a radius of 15.00 feet, a central angle of 90'44'57", and a chord that bears South 42°42'06" East with a distance of 21.35 feet; (3) THENCE South 01 °46'04" West, along the existing West right-of-way line of said Bangor Avenue and the East line of said Lot 1, Meadows Addition, 20.84 feet to a %Z" iron rod with cap, set in the proposed South right-of-way line of said 50'bStreet for the Southeast corner of this parcel; (4) THENCE North 45 °29'07" West, along proposed South right-of-way line of said 50`h Street, 26.38 feet to a magnetic nail, set for a corner of this parcel; #34,652 PART 3.130C (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413 E zk' WILSON SjJRVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA UTAH KIM11 "All Page 2 of 3 (5) THENCE North 85 °49' 18" West, along proposed South right-of-way line of said 50' Street, 252.00 feet to a %" iron rod with cap, set for a corner of this parcel; (6) THENCE Northwesterly along the arc of a curve to the left and along the proposed South right-of-way line of said 50'h Street, an arc distance of 398.93 feet to the P.O.B. of which contains an area of 0.115 acres (5000 Sq. Ft.), said curve has a radius of 11,414.19 feet, a central angle of02°00'09", and a chord that bears North 86°5247" West with a distance of 398.91 feet; A plat of even survey date herewith accompanies this legal description. Bearings are based on Teams Plane Coordinate System NAD 83, Texas North Central Zone. SURVEYED ON THE GROUND JUNE, 2004 . OF G�STFq •., STERLING B. BUR REOISTE D PRO SSIONAL LAND SURVEYOR -13 4666 �Q Revised: 6-16-05 -/ 7-0_5 7 <� , -Ss4l•_ su .A' #34,652 PAR13.DOC (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413