HomeMy WebLinkAboutResolution - 2010-R0330 - Land Acquisition - E.R. Bednarz Trust - 07_22_2010Resolution No. 2010-RO330
July 22, 2010
Item No. 5.7
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 tract of land further described in
Exhibit "A" and 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 the E. R. Bednarz Trust,
BE offered through the Right -of -Way Department of the City of Lubbock the amount of
$9,206.35, 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 tract.
Passed by the City Council this July 22 , 2010.
TOM MARTIN, MAYOR
ATTEST:
Rebec& Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.E. Chief Ope'iaii—orotticer
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Mitchell Satterwhite, Assistant City Attorney
Offer&Condemnation-E R Bednarz.res
July 9, 2010
Resolution No. 2010-RO330
EXHIBIT 'At
Page i of 3
59 56 Donny Kitten
Vol. 5094 Pg. /8/
608 N 0'59'l2 E 39-37'
Fo.'/2•• ROD N 89e 00'38" W 26 7.1'
.• ,...............
40 ��.�� FD. R.R. SPK!
4 �\ \
60' Permanent
Easement 3 \�
co . 60
\�
6460' Temporary N �:
3 Const. Esmt.
2.32 Ac.
3 Co
^� 70
0 ' The ER, Bednarz Trust
Vol.6721 Pg.74
v' ' l l Rods - ermanent
smt.
(2.46 Ac. -Permanent Esmt.)
W e 1 /2 SEGT ION 30) 61.OGK 24
i UObOGK GOUNTY) TEXAS
40 TRAGT 2)
KITTEN 6UOPIVI610N
35 •RB(,09190P IN Ve 51 9) P. 62 9060 KEG0R05. ++
FD. 8" PIPE 1
ON CORN ER
S 880 27'31" E 2652.8'
•- Set I/Z" Rod With Cap
A legal description of even survey date herewith
accompanies this survey plat.
SyrrNE1,yed on then-groW rch-
RegisterrofessionalLand Syy4�
�7AaaoR..00u�u�..uucco
�q a
Date ,\ eeeeee0000oa0e
t°ems_
All Northings and Eastings shown i�" 4rP r1 -ates
and may be converted to Texas ' ppf'dinates,
North Central Zone, NAD83 by divid1 -. .�-}Face
adjustment factor of 1,0002396 S S
All distances shown are surface distances. DI
Bearings shown are grid bearings based an the Texos SI
State Plane Coordinate System, North Central Zone, IF,
NAD83 Datum.
This survey and allinformation hereon is for the exclusive use of
CITY OF LUBBOCK
and shollnot be copied or used except for the purpose for which
it is expressly furnished. this drawing and off copies (parliol or
complete) shollbe returned to the owner upon demand.
J. & L. Kitten
Fomlly Trust
Vol.7562 Pg.126
c'\cv P.O.B.
Y - 7219927.67
X-986487.99
A- 12 •
1' - 600' IREVISION: (PLAT DATE: 5-11-
PARKHILL SMITH & COOPER - CITY OF LUBBOC
BY: B. BURROW I SURVEY DATE: 3-5.20
YED BY: J.M. MARTIN I CHECKED BY: G. WILSON
HG>N•1ECH Lim t WS SiMatS K.
3330 70th 51.. SUIE 202 - LIIDOM. TIC 79413
(606) 755.0020 - FAX 4606)792-1646
EXHIBIT "A"
Page 2 of 3
PARCEL NO. 70
THE E.R. BEDNARZ TRUST
Resolution No. 2010—RO330
Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being
located in the West 1h of Section 30, Block 24, Lubbock County, Texas and being out of Tract 2, Kitten
Subdivision recorded in Volume 519, Page 62, Deed Records Lubbock County, Texas, said pipeline
centerline being described as follows:
Beginning at a 1/2" iron rod with cap, set in the East line of a tract of land located in Section 30, Block
24, Lubbock County, Texas as recorded In Volume 8721, Page 74, Lubbock County, Texas, for the
beginning of this description, from whence the Northwest corner of said Section 30, Block 24, bears
North 1036'40" East, a distance of 1222.85 feet and North 89000'38" West, a distance of 2657.1 feet,
said point of beginning having a project coordinate of Y = 7219927.67 and X = 986487.99;
Thence North 59056'52" West, along the centerline of said Sixty -Foot (601 wide permanent pipeline
easement, a distance of 372.63 feet to the beginning of a curve to the right;
Thence along the arc of a curve to the right and being along the centerline of said Sixty -Foot (601
wide permanent pipeline easement, an arc distance of 215.44 feet to a point for the end of this curve,
said curve has a radius of 575.00 feet and delta angle of 21028'04";
Thence North 38028'48" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline
easement, a distance of 685.04 feet to the beginning of a curve to the left;
Thence along the arc of a curve to the left and being along the centerline of said Sixty -Foot (60')
wide permanent pipeline easement, an arc distance of 125.29 feet to a point for the end of this curve,
said curve has a radius of 575.00 feet and delta angle of 12029'03";
Thence North 50057'51" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline
easement, a distance of 363.72 feet to a point in the centerline of said Sixty -Foot (60') wide
permanent pipeline;
Thence North 0059'12" East, along the centerline of said Sixty -Foot (60') wide permanent pipeline
easement, a distance of 25.00 feet to a 'h" iron rod with cap, set in the South Right of Way line of
F.M. 41, for the end of this description, whence the Northwest comer of Section 30, Block 24, bears
North 0°59'12" East, a distance of 39.37 feet and North 89000'38" West, a distance of 1342.18 feet.
Containing 108.31 rods. (2.46 acres)
*54 •
HIGH-TECH LAND AND GPS SURVEYORS, INC.
3330 70th St., Suite 202 - Lubbock, Texas 79413
(806) 788-0020 - Fax (806) 792-1646
Exhibit "A^
Page 3 of 3
The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot
(601 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 2.32 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.
5. Surface adjustment factor for entire project is 1.0002396
HIGH-TECH LAND AND GPS SURVEYORS, INC.
3330 70th St., Suite 202 • Lubbock, Texas 79413
(806) 788-0020 • Fax (806) 792-1646