HomeMy WebLinkAboutResolution - 2010-R0336 - Property Transfer For Purposes Of Drainage Easement On 82Nd St. - 07/22/2010Resolution No. 2010-RO336
July 22, 2010
Item No. 5.15
RESOLUTION
WHEREAS, in January, 1998 the City of Lubbock purchased the 35 foot
strip of land described in Exhibit A ("the strip") for purposes of a drainage
easement; the strip was subsequently transferred to the State of Texas in August,
1998 in connection with the widening of 82nd Street from FM 1730 to U.S. 62182
(Spur 313); and
WHEREAS, the Texas Transportation Commission in Minute Order
110415 removed State Highway Spur 313 from the state highway system from the
intersection of US 62 eastward to its terminus at the intersection of FM 1730 and
returned it to the City for control, jurisdiction and maintenance, but the State
failed to deed the property back to the City; and
WHEREAS, the City desires to have the property deeded back to the City
for purposes of clearing the title and for the drainage easement; and
WHEREAS, the State, under its current statutory requirements cannot
deed the property back to the City without a request from the City; NOW
THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT City staff is hereby authorized to request that the State of Texas
transfer the property described in Exhibit "A" to the City of Lubbock. Said
Exhibit "A" is attached hereto and shall be incorporated in this Resolution as if
fully set forth herein.
Passed by the City Council on July 22 , 2010.
JJ ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.E.
Chief Operating Officer
Lc: Cityatt/Linda/Res-TxDOT Spur 313
July 14, 2010
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TOM MARTIN, MAYOR
APPROVED AS TO FORM:
Linda L. Chamales
Economic Development Attorney
RESOLUTION 2010-110336
EXHIBIT "A"
Consisting of three Tracts described in the attached Survey Plats:
Survey Plat of Tract 1, 0.42 Acres located in Section 30, Block AK
Survey Plat of Tract 2, 1.06 Acres located in Section 29, Block AK
Survey Plat of Tract 3, 1.06 Acres located in Section 29, Block AK
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Resolution No. 2010-RO336
EXHIBIT "A"
Page 2 of 3
Field Notes
Field notes on a 0.42 acre tract of surplus right-of-way in 82nd Street recorded in
Volume 6125, Page 168 and Volume 5703, Page 108, of the Real Property Records
of Lubbock, County, Texas, located in Section 30, Block AK, said 0.42 acre tract of
land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the North right-of-way line of 82nd Street as described in
Volume 1112, Page 344, Deed Records of Lubbock County, Texas and the East line
of Section 30, Block AK for the Southeast corner of this tract which bears North
02°21'28" East a distance of 55.00 feet from the Southeast corner of Section 30,
Block AK, Lubbock County, Texas;
(1) THENCE North 87°33'37" West, along the North right-of-way line of said
82nd Street, at 95.02 feet pass the most Southerly Southeast corner of a 1.352 acre
tract of land described in County Clerks file number 200921772, Official Public
Records of Lubbock County, Texas, continuing along said right-of-way line, at
314.93 feet pass the Southwest corner of said 1.352 acre tract and the Southeast
corner of Tract A, Lubbock National Bank 82nd Street Addition, to the City of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed
thereof recorded in County Clerks file number 2008038453, Official Public Records
of Lubbock County, Texas, continuing along said right-of-way line at 499.18 feet
pass the Southwest corner of said Tract A, Lubbock National Bank 82nd Street
Addition and the Southeast corner of Tract A, Playa Vista, an Addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed
thereof recorded in County Clerks file number 2007020876, Official Public Records
of Lubbock County, Texas, continuing for a total distance of 524.18 feet to a cut Y)
in concrete set for the Southwest corner of this tract;
(2) THENCE North 02°21'05" East a distance of 35.00 feet to a cut "x" in
concrete set for the Northwest corner of this tract;
(3) THENCE South 87°33'37" East, at 25.00 feet pass the East line of said
Tract A, Playa Vista and the West line of said Tract A, Lubbock National Bank 82nd
Street Addition, at 209.25 feet pass the East line of said Tract A, Lubbock National
Bank 82nd Street Addition and the West line of said 1.352 acre tract, at 459.37 feet
pass the East line of said 1.352 acre tract and the West right-of-way line of
Milwaukee Avenue described in Volume 9683, Page 275, Official Public Records of
Lubbock County, Texas, continuing for a total distance of 524.19 feet to a point in
the East line of said Section 30, Block AK, for the Northeast corner of this tract;
(4) THENCE South 02°2V] 8" West, along said right-of-way line, a
distance of 35.00 feet to the Point of Beginning.
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CONTAINING an area of 0.42 acres of land.
I hereby certify that this plat is based on the ground survey made under my
supervision.
May 4, 2010
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Daniel E. Martinez
Registered Professional
Land Surveyor No. 4515
State of Texas
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Resolution No. 2010-RO336
EXHIBIT "A"
Page 2 of 3
Field Notes
Field notes on a 1.06 acre tract of surplus right-of-way in 82nd Street recorded in
Volume 6125, Page 168 and Volume 5703, Page 104, of the Real Property Records
of Lubbock County, Texas, located in Section 29, Block AK, said 1.06 acre tract of
land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the North right-of-way line of 82nd Street as described in
Volume 1112, Page 344, Deed Records of Lubbock County, Texas and the West line
of Section 29, Block AK for the Southwest corner of this tract which bears North
02°21'28" East a distance of 55.00 feet from the Southwest corner of Section 29,
Block AK, Lubbock County, Texas;
(1) THENCE North 02°21'28" East, along the West line of said Section 29,
Block AK, a distance of 35.00 feet to a point for the Northwest corner of this
tract;
(2) THENCE South 87°33'37" East, at 55.00 feet pass the West right-of-way line
of Milwaukee Avenue as described in Volume 9620, Page 13, Official Public
Records of Lubbock County, Texas and the West line of Tract A, Mia's Miles,
an Addition to the City of Lubbock, Lubbock County, Texas, according to the
map, plat and/or dedication deed thereof recorded in Volume 10447, Page
254, Official Public Records of Lubbock County, Texas, at 309.02 feet pass
the Southeast line of said Tract A, Mia's Mile and the West line of a 2.749
acre tract of land described in Volume 9738, Page 317, Official Public
Records of Lubbock County, Texas, at 573.36 feet pass the East line of said
2.749 acre tract and the West line of Tract B, Mia's Mile, an Addition to the
City of Lubbock, Lubbock County, Texas, according to the map, plat and/or
dedication deed thereof recorded in County Clerks file number 2007011188,
Official Public Records of Lubbock County, Texas, at 703.93 feet pass the
East line of said Tract B, Mia's Mile and the West line of a 2.915 acre tract of
land described in County Clerks file number 2007043323, Official Public
Records of Lubbock County, Texas, at 1212.25 feet pass the East line of said
2.915 acre tract and the West line of Tract A, Halle Subdivision, an Addition
to the City of Lubbock, Lubbock County, Texas, according to the map, plat
and/or dedication deed thereof recorded in County Clerks file number
2008000072, Official Public Records of Lubbock County, Texas, continuing
for a total distance of 1320.92 feet to a cut "x" in concrete set for the
Northeast corner of this tract;
(3) THENCE South 02°24'09" West a distance 35.00 feet to a cut "x" in concrete
set in the North right -of- way of 82nd Street and the South line of said Tract
A, Halle Subdivision for the Southeast corner of this tract;
(4) THENCE North 87"33'37" West, along said right-of-way line and the South
line of said Tract A, Halle Subdivision, at 105.94 feet pass the Southwest
corner of said Tract A, Halle Subdivision and the Southeast corner of said
2.915 acre tract, continuing along said right-of-way line, at 614.04 feet pass
the Southwest corner of said 2.915 acre tract and Southeast corner of said
Tract A, Mia's Mile, at 744.61 feet pass the Southwest corner of said Tract A
and the Southwest corner of said 2.749 acre tract, continuing along said right-
of-way line for a total distance of 1320.89 feet to the Point of Beginning.
CONTAINING an area of 1.06 acres of land.
I hereby certify that this plat is based on the ground survey made under my
supervision.
May 4, 2010
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Daniel E. Martinez
Registered Professional
Land Surveyor No. 4515
State of Texas
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Resolution No. 2010-RO336
EXHIBIT "A"
Page 2 of 3
Field Notes
Field notes on a 1.06 acre tract of surplus right-of-way in 82nd Street recorded in
Volume 6125, Page 168 and Volume 5703, Page 106, of the Real Property Records
of Lubbock County, Texas, located in Section 29, Block AK, said 1.06 acre tract of
land being more particularly described by metes and bounds as follows:
BEGINNING at a mag nail with washer set in the North right-of-way line of 82nd
Street as described in Volume 1112, Page 344, Deed Records of Lubbock County,
Texas and the West line of the Southeast Quarter of Section 29, Block AK for the
Southeast corner of this tract which bears North 02°26'43" East a distance of 55.00
feet from the Southwest corner of the Southeast Quarter of Section 29, Block AK,
Lubbock County, Texas;
(1) THENCE North 87°33'37" West, along said right-of-way line, at 67.5 feet
pass the most Southerly Southeast corner of Tract A, Cascada Professional Office
Park, an Addition to the City of Lubbock, Lubbock County, Texas, according to the
map, plat and/or dedication deed thereof recorded in Volume 9205, Page 210,
Official Public Records of Lubbock County, Texas, continuing along said right-of-
way line at 752.00 feet pass the Southwest corner of said Tract A, and the Southeast
corner of a 1.03 acre tract of land described in Volume 9340, Page 321, Official
Public Records of Lubbock County, Texas, continuing along said right-of-way line
at 932.00 feet pass the Southwest corner of said 1.03 acre tract and the Southeast
corner of Tract A, CTC Addition, to the City of Lubbock, Lubbock County, Texas,
according to the map, plat and/or dedication deed thereof recorded in County Clerks
file number 2006030171, Official Public Records of Lubbock County, Texas,
continuing along said right-of-way line at 1,102.00 feet pass the Southwest corner of
said Tract A, CTC Addition and the Southeast corner of Tract A, Hi -Lo Subdivision,
an Addition to the City of Lubbock, Lubbock County, Texas, according to the map,
plat and/or dedication deed thereof recorded in County Clerks file number
2006034256, Official Public Records of Lubbock County, Texas, continuing along
said right-of-way line, at 1252.00 feet pass the Southwest corner of said Tract A, and
the Southeast corner of Tract A, Halle Subdivision, an Addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed
thereof recorded in Volume 10447, Page 254, Official Public Records of Lubbock
County, Texas, continuing for a total distance of 1320.88 feet to a cut "x'' in concrete
set for the Southwest corner of this tract;
(2) THENCE North 02024'09" East a distance of 35.00 feet to a cut "x" in
concrete set for the Northwest corner of this tract;
(3) THENCE South 87°33'37" East, at 68.91 feet pass the East line of said
Tract A, Halle Subdivision and the West line of said Tract A, Hi -Lo
Subdivision, at 218.91 feet pass the East line of said Tract A, Hi -Lo
Subdivision and the West line of said Tract A, CTC Addition, at 388.91
feet pass the East line of said Tract A and the West line of said 1.03 acre
tract, at 568.918 feet pass the East line of said 1.03 acre tract and the West
line of said Tract A, Cascada Professional Office Park, at 1283.41 pass the
East line of said Tract A and the West right-of-way line of Iola Avenue
dedicated by plat recorded in Volume 9205, Page 210, Official Public
Records of Lubbock County, Texas, continuing for a total distance of
1320.91 feet to a mag nail with washer set in the West line of the Southeast
Quarter of said Section 29, for the Northeast corner of this tract;
(4) THENCE South 0226'43" West, along the West line of the Southeast
Quarter of said Section 29, a distance of 35.00 feet to the Point of
Beginning.
CONTAINING an area of 1.06 acres of land.
I hereby certify that this plat is based on the ground survey made under my
supervision.
May 4, 2010
Daniel E. Martinez
Registered Professional
Land Surveyor No. 4515
State of Texas