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HomeMy WebLinkAboutResolution - 2004-R0069 - Storm Water Easment Acquisition - South Lubbock Drainage Improvement Proj. - 02_19_2004Resolution No. 2004-R0069 February 19, 2004 Item No. 36 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 easements for municipal public use and purposes, to -wit: for the South Lubbock Drainage Improvement 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 easements 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 permanent storm water line easement and working easement to the tract 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 tract, being Tommy L. Townsend and Elva L. Townsend and Harvey Stotts, Jr., and Geraldine Stotts, as Trustee for the Don Carlon Stotts and Geraldine Stotts Revocable Living Trust Dated November 13, 1996, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $25,000.00 which is the amount appraised as the value and total damages for the permanent storm water line easement and working easement 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 permanent storm water line easement and working easement. Passed by the City Council this 19th d ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way gent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gskccdocskkRes-Tommy & Elva Townsend.res Feb. 5, 2004 EXHIBIT "A" 5-1 HUGO REED AND ASSOCIATES, INC. 1601 Avenue N ! Lubbock, Texas 79401 / 80617e3-5642 / FAX 806/763-3891 Resolution No. 2004-1U069 METES AND BOUNDS DESCRIPTION of a 30.00 foot wide storm water line easement located in Section 4, Block S, G.C. & S.F. Ry. Co. survey, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron pipe (North - 7,251,658.27, East - 963,716.65) found in the South line of a tract of land described as Tract I in Volume 1448, Page 214, Deed Records of Lubbock County, Texas, at the common corner of Sections 3, 4, 5 and 6, all in Block S, ; THENCE N. 01 °07'02" E., along the West line of said Section 4 and the East line of said Section 3, a distance of 1552.75 feet to a 1/2" iron rod with cap (North - 7,253,210.33, East - 963,746.93) found in the South right-of-way line of U. S. Highway No. 84, in the North line of said tract described in Volume 1448, Page 214, at the Northwest corner of this tract; THENCE S. 71 °45'09" E., along the said South right-of-way line of U. S. Highway No. 84 and the North line of said tract described in Volume 1448, Page 2.14, a distance of 31.39 feet to a 1/2" iron rod with cap set for the Northeast comer of this tract; THENCE S. 01 007'02" W., 30.00 feet Easterly from and parallel with the West line of said Section 4 and the East line of said Section 3, a distance of 1543.50 feet to a 1/2" iron rod with cap set in the South line of said tract described in Volume 1448, Page 214 and the South line of said Section 4 and the North line of said Section 5 for the Southeast corner of this tract; THENCE N. 88053'01"W., along the South line of said tract described in Volume 1448, Page 214 and the South line of said Section 4 and the North line of said Section 5, a distance of 30.00 feet to the Point of Beginning. Contains: 1.066 acres. Coordinates are grid, Texas Coordinate System, NAD'83, City of Lubbock Geodetic Control and Aerial Network. Distances are surface, U.S. Survey Feet. Average Combined Scale Factor: 0.99975 Surveyed on the ground, September 10, 2003 Revised October 20, 2003 Robert A. Christop r Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas E 2 EXHIBIT "B" Sr L HL UL REED AND ASSOCIATES, INC. 1601 Avenue N / Lubbock, Texas 79401 18061763.5642 / FAX 806/763-3891 Resolution No. 2004—R0069 METES AND BOUNDS DESCRIPTION of a 100.00 foot wide temporary working easement located in Section 4, Block S, G.C. & S.F. Ry. Co. survey, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the South line of said Section 4 and the South line of a tract of land described as Tract l in Volume 1448, Page 214, Deed Records of Lubbock County, Texas, for the Southwest corner of this tract, which bears S. 88°53'01" E. a distance of 30.00 feet from a 1/2" iron pipe (North - 7,251,658.27, East - 963,716.65) found at the common corner of Sections 3, 4, 5 and 6, all in Block S, Lubbock County, Texas; THENCE N. 01007'02" E. a distance of 1543.50 feet to a 1/2' iron rod with cap set in the South right-of-way line of U. S. Highway No. 84, in the North line of said tract described in Volume 1448, Page 214 for the Northwest corner of this tract; THENCE S. 71 °45'09" E., along the said South right-of-way line of U. S. Highway No. 84 and the North line of said tract described in Volume 1448, Page 214, a distance of 104.64 feet to a 112" iron rod with cap set for the Northeast corner of this tract; THENCE S. 01007'02" W. a distance of 1512.68 feet to a 1/2" iron rod with cap set in the South line of said tract described in Volume 1448, Page 214 and the South line of said Section 4 and the North line of said Section 5 for the Southeast comer of this tract; THENCE N. 88°53'0I" W., along the South line of said tract described in Volume 1449, Page 214 and the South line of said Section 4 and the North line of said Section 5, a distance of 100.00 feet to the Point of Beginning. Contains: 3.508 acres. Coordinates are grid, Texas Coordinate System, NAD'83, City of Lubbock Geodetic Control and Aerial Network. Distances are surface, U.S. Survey Feet. Average Combined Scale Factor: 0.99975 Surveyed on the ground, September 10, 2003 Revised October 20, 2 XRobert A.Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas