HomeMy WebLinkAboutResolution - 2004-R0213 - Resolution Amending Resolution No. 5988 - 05_06_2004Resolution No. 20W
May 6, 2004
1MA"*Eft1* vMy4 Item No. 24
194io VOL 912%q 6
RESOLUTION
WHEREAS, THE City of Lubbock, Texas passed Resolution No. 5988,
September 10, 1998, determining that the public needs safety and welfare demanded and
created a public necessity for the acquisition of additional land for municipal public use
and purposes for the East-West Freeway Railroad Relocation Project; and
WHEREAS, the City Council resolved that for public purposes and municipal
purposes the fee simple title of the surface estate be acquired for Parcel No. IRR-2,
owned by Texas Water Rampage Corporation, that the owners be offered the amount of
$33,600.00 for said interest, and if not accepted, authorizing the City Attorney to
instituted condemnation proceedings; and
WHEREAS, Exhibit A to Resolution 5988, purporting to describe Parcel No.
IRR-2 by metes and bounds description, contained a scrivener's error in the third line of
Section (3), to -wit: the first distance stated on that line should have read "96.049 meters
(315.12 feet) instead of "156.527 meters (513.54 feet)"; and
WHEREAS, the City Council of the City of Lubbock desires to amend Resolution
No. 5988 correcting said scrivener's error by attaching a new and correct Exhibit A;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby amends Resolution No.
5988 dated September 10, 1998 by authorizing the City Secretary of the City of Lubbock
to replace Exhibit A, purporting to be the metes and bounds description of Parcel No.
IRR-2 with the attached corrected Exhibit A. Said corrected Exhibit A is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 6th
SEAL
ATTEST:
Re ca Garza, City Secretary
VOL 91Mnq 68
APP D A O CONTENT:
Craig F er, Managing Director of
Planning and Transportation
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
Office Practice Section
LC: cityatt / Linda/ Res -Amend 5988- HM
w 120PACE fig
Rea lnti on No. 2004-RO213
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA - NEVADA - UTAH
County:
Lubbock
Account No:
8005-01-20
CSJ No:
0380-01-053
Highway No:
U.S. 82 (Railroad Relocation)
Parcel No:
1RR2
Grantor:
Texas Water Rampage Corporation
EXlMIT "A"
Being 0.31 hectares (0.78 acres) of land out of a 13 acre tract of land out of Tract No. 8 of the
Lowery Subdivision of Sections 35, 36, 37 & 38, Block AK, and Section 28, Block E-2, Lubbock
County, Texas, described by metes and bounds in Volume 1956, Page 865 of the Deed Records
of Lubbock County, Texas, said 13 acre tract of land out of Tract No. 8 of the Lowery
Subdivision was conveyed by deed dated April 26, 1985 by Petroleum Independent and
Exploration Corporation, a Texas Corporation to Texas Water Rampage Corporation and
recorded in Volume 1956, Page 865 of the Deed Records of Lubbock County, Texas, which said
0.31 hectares (0.78 acres) is more particularly described as follows:
BEGINNING at a 3/8" Iron Rod, found in the Northeast comer said 13 acre tract of land out of
Tract No. 8 of the Lowery Subdivision as described in Volume 1956, Page 865; for the Northeast
and beginning corner of this parcel, whence the Northeast comer of Section 35, Block AK, bears
South 87"3745" East, 134.545 meters (441.42 feet) and North 02°22'12" East, 629.261 meters
(2064.50 feet);
(1) THENCE South 02°29'16" West, along the East line of said 13 acre tract of land out of
Tract No. 8 of the Lowery Subdivision as described in Volume 1956, Page 865, a distance of
47.467 meters (155.73 feet) to a 1/2" Iron Rod with Cap, set in the East line of said 13 acre tract
of land out of Tract No. 8 of the Lowery Subdivision as described in Volume 1956, Page 865 and
in the proposed East Railroad Right -of -Way line, for the Northerly Southeast comer of this
parcel;
PARIRR2.DOC
C 66) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
1Uvy- Kv•�tJ
VOL /O
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
(2) THENCE Southwesterly, along the arc of a curve to the right and the proposed East
Railroad Right -of -Way line, an arc distance of 36.354 meters (119.27 feet) to a t/z" Iron Rod with
Cap, set in the proposed East Railroad Right -of -Way line and the Southeasterly line of said 13
acre tract of land out of Tract No. 8 of the Lowery Subdivision as described in Volume 1956,
Page 865, for the Southerly Southeast corner of this parcel, said curve has a radius of 403.324
meters (1323.24 feet) and a chord that bears South 28035'30" West, 36.341 meters (119.23 feet);
(3) THENCE South 56° 16'50" West, along the Southeasterly line of said 13 acre tract of
land out of Tract No, 8 of the Lowery Subdivision as described in Volume 1956, Page 865, a
distance of 96.049 meters (315.12 feet) to a'/s" Iron Rod with Cap, set in the Southeasterly line
of said 13 acre tract of land out of Tract No. 8 of the Lowery Subdivision as described in Volume
1956, Page 865, for the Southwest comer of this parcel;
(4) THENCE Northeasterly, along the are of a curve to the left and the proposed West
Railroad Right -of -Way line, an are distance of 159,085 meters (521.93 feet) to a'/z" Iron Rod
with Cap, set in the North,line of said 13 acre tract of land out of Tract No. 8 of the Lowery
Subdivision as described in Volume 1956, Page 865 and the proposed West Railroad Right -of -
Way line, for the Northwest corner of this parcel, said curve has a radius of 372.844 meters
(1223.24 feet) and a chord that bears North 32°25'54" East, 157.881 meters (517.98 feet);
(5) THENCE South 87°3745" East, along the North line of said 13 acre tract of land out of
Tract No. 8 of the Lowery Subdivision as described in Volume 1956, Page 865, a distance of
14,682 meters (48.17 feet) to the P.O.B., of which contains an area of 0.31 hectares (0.78 acres.)
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND NOVEMBER, 1997
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(806) 792-4731 • Fax (806) 792-1646.3330 70th SUeet, Suite 201 • Lubbock, Texas 79413
STATE OF 1 EXAS
COUNTY OF LUBBOCK
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