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Home My WebLink AboutResolution - 2010-R0504 - Property Easement For Lake Alan Henry Pipeline - Merrell, Robinson, Bournes - 10_14_2010Resolution No. 2010-RO504 October 14, 2010 Item No. 5.17 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 real property interests 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 said interests 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 easement interests in connection with 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 John Lowell Merrell, Trustee, under Declaration of Trust dated the 9th day of December, 1961, for Faye Merrell Townsend Robinson, Fern Merrell Bournes, Robert Lois Merrell, and John Lowell Merrell and all heirs known or unknown, as well as any known or unknown undivided interest owners of the tract of land identified below, including but not limited to any successors or assigns of the Trust, BE offered through the Right -of - Way Department of the City of Lubbock an amount of compensation equal to the fair appraised value of the interests to be acquired for the purchase thereof, 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 real property interests. Passed by the City Council this October 14 , 2010. TOM MARTIN, MAYOR APPROVED AS TO CONTENT: Marsha Reed, P.E. Chief Operation Officer Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: stant City Attorney OtTer&Condemnation-John Lowell Merrell, Trustee 10,6, I0 EXHIBIT ^A" Page 1 of 2 PARCEL NO.76 3OHN L. MERRELL, TRUSTEE Resolution No. 2010—RO504 Field Notes describing the centerline of a Sixty -Foot (601) wide permanent pipeline easement being located in a 100 acre tract of land out of. Section 73, Block S, Lubbock County, Texas as described in Volume 941, Page 315, Deed Records, Lubbock County, Texas and said pipeline centerline being described as follows: Beginning at a 'i4" Iron rod with cap, set in the East line of said Section 73,Block S and In the East line of said 100 acre tract of land recorded In Volume 941, Page 315, for the beginning of this description, from whence a railroad spike found for the Southeast comer of said Section 73, Block S, bears South 1007'36" West, a distance of 920.92 feet, said point of beginning having a project coordinate of Y = 7227480.72 and X = 979289.76; Thence North 4102342" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 1865.64 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 (607 wide permanent pipeline easement, an arc distance of 83.11 feet to a point for the end of this curve, said curve has a raOlus of 575.00 feet and delta angle of 8016'52 Thence North 49040'34" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 423.74 feet to a 1/2" Iron rod with cap, set in the West line of said 100 acre tract of land recorded In Volume 941, Page 315, for the end of this description, whence the Northeast corner of the South half of said Section 73, Block S, bears North 1007136" East, a distance of 54.38 feet and South 8703827" East; a distance of 1650.1 feet. Containing 143.79 rods. (3.27 acres) The above described sixty foot (601 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 3.20 acres of land. The said temporary construction easement shall expire as noted In the easement agreement. 0 HIGH-TECH LAND AND GPSWRMORS, INC. 3330 70th St., Suite 202 - Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-1646 Exhibit "A" Page 2 of 2 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 Coordlnate System, Texas North Central Zone, Nad83 Datum. 4. All distance shown are surface distances. 5. Surface adjustment factor for entire project is 1.0002396 Reg lstere rofesslonal Land Surveyor OF .eveDCOCtett CQ7mvevvee aw, DM IV HIGH-TECH LAND AND GPS ►BUR VEYORS, INC. 3330 70th St., Suite 202 • Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-1646 EXHIBIT 1,41 R solution No. N. 6. 1 /4 Kathleen Buxkemper • Beal Vol, 9994 Pg. 262 '/_" ROD 95 A Nancy F. Prentlss, Trustee Prent/ss Rev. Trust Vol.6403 Pg.28 0 ai N w 56GT ION 73) OLOGK 5 L-Ub60GK GOUNTY) T6XA5 N 0 a FD. R.R. SPIKE S 87® 38'27" E 1650.11 4740'34' W 423.74' R- 575.00' 83J1' DELTA- e-l6'S2' \ 60'Temporafy Const. E ml. \ 3.20 Ar- 100 John L. Alerrell, Trustee \� � g ryy S ermor>enl s � q 60' Permi;ww Eosemen :Y Y- 227 .72 X-979289.76 FD.V2" ROD 5 Ac. 7 • - Set 1/2" Rod With Cap A legal description of even survey date herewith accompanies this survey plat. SurWyed on the qr.��-Moy, 2009 RegistereUf rofessional Land Surveyor Date S ` — Ail Northings and Eostings shown ore project coo and may be converted to Texos State Plane Coorainaies, North Central Zone, NAD83 byy dividing by a surface S adjustment factor of 1.0002396 All distances shown are surface distances. n� FD, R.R. SPIKE. 13Ac. S 870 37'13" E 165 FD. R.R. Bearings shown are grid bearings based on the Texas IN State Plane Coordinate System, North Central Zone, �� NAD83 Datum. CALE.1' - 600' IIENT: PARKHIL 2010-R0504 7@6 r rn rn to N 3 Mary Toylor Esfafe 771 59 s TE, TE- 3-512009 G. WILSON This survey and allinformation hereon is for the exclusive use of WECH � I& WS iMUL CITY OF LUBBOCK and shollnot be copied or used except for the purpose for which U30 700 51.. W[ M - 1t169o04 TX M13 it is expressly furnished, this drawing and off copies (partial or (MR 76l *M - rAX (061 M-1646 complete) shallbe returned to the owner upon demand.