HomeMy WebLinkAboutResolution - 009 - Right Of Way Offer-Lambs Et Al-Kewanee Ave Improvement, 2 Parcels Sec 44 Blck AK - 01_11_1979RESO - 9
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`a } RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
1!,? Lubbock County, Texas, has determined and does hereby determine the public needs,
1. safety, and welfare demands and creates a public necessity for the widening, con-
structing, reconstructing and expansion and improvement of Kewanee Avenue for
street purposes in said City creating a need for additional fee simple title right-
of-way by said City to accomplish such purposes, and also there is also a public
need and necessity for an additional easement for storm water drainage for the
public safety and welfare this City Council of said City finds it to the best public
interest and for public purposes and municipal purposes to proceed with the acquisi-
tion 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 following described real estate
located in Lubbock County, Texas, be acquired for public street purposes and munici-
pal purposes as set forth in the preamble hereof, to -wit:
Parcel No. 1 - for street purposes
BEGINNING at a point which is 1,320 feet East and 40.00 feet
North of the Southwest corner of Section 44, Block AK;
THENCE North 2,600.00 feet to a point;
THENCE East, along the half section line, a distance
of 45.00 feet to a point;
THENCE South a distance of 10.00 feet to a point, said point
being the beginning of a Southwesterly curve, the radius of
which is South 15.00 feet, a delta angle of 909 and a curve
length of 23.56 feet;
THENCE around said curve to the right in a Southwesterly
direction, a distance of 23.5.6 feet to a point;
THENCE South a distance of 2,531.00 feet to a point;
THENCE West 20.00 feet to a point;
THENCE South 20.00 feet to a point;
THENCE East 20.00 feet to a point;
THENCE South a distance of 4.00 feet to a point, said point
being the beginning of a Southeasterly curve, the radius
point of which is East 15.00 feet, a delta angle of 900 00'00",
and a curve length of 23.56 feet;
-THENCE around said curve to the left in a Southeasterly direction,
a distance of'25.56 feet to a point;
THENCE South a distance of 5.00 feet to a point;
THENCE West a distance of 45.00 feet to the PLACE OF BEGINNING.
(Containing 1.79 acres).
SECTION 2. THAT title for an easement for storm water drainage in, upon, over
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PG. 2
along, and across the following described real estate located in the City of Lubboc ,
Lubbock County, Texas, the acquired for public purposes and municipal purposes as
set forth in the preamble hereof, to -wit:
Parcel No.2 - for storm water drainage easement
BEGINNING at a point which is 1,350.00 feet East and 693.00
feet North of the Southwest corner of Section 44, Block AK,
said point being 25.00 feet North of the center line of 32nd
Street and on the East property line of Kewannee Avenue;
THENCE East 575.00 feet to a point;
THENCE South 50.00 feet to a point;
THENCE West 575.00 feet to a point;
THENCE North 50.00 feet to the PLACE OF BEGINNING.
(Containing 0.66 acres).
SECTION 3. THAT the owners of said land including Arch G. Lamb, and wife,
Mina W. Lamb, and Ilse Wall, a femme sole, be offered through the Right -of -Way De-
partment of the City of Lubbock the amount of $5,650.00, which is the amount apprai
ed as the value and total damages for the fee simple title and easement title ac-
quisition of said real estate hereinabove described for the purposes herein stated,
for the use and benefit of the City of Lubbock, located in Lubbock County, Texas,
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 and storm water drainage easement title to said land
as hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 11thday of January , 1979.
K WEST, MAYOR
ATTEST:
Evelyn Gaff§a; City SecnEtjffy?07reasurer
APPRO D FO
J. fofth Fullingim, Assists a
City Attorney
APFUTD AS TO CONTENT:
Tom Nivens, Right -Of -Way Department
JONES, TROUT, FLYGARE
ATTORNEYS AT LAW
TEXAS COMMSRCS BANK SLOG
P. O. BOX 2426
JOHN A. rLYOARr LUBBOCK, TEXAS 7940E
February 9, 1979
Mr. Tom Nivens
Right -of -Way Agent
City of Lubbock
P. 0. Box 2000
Lubbock, TX 79457
Dear Sir:
& MOODY
ARCA COOS SOS 76S.SSSI
As you know, I represent Mr. Arch Lamb. When I discussed
the proposal that the City has made to Mr. Lamb to purchase
right-of-way on the west side of his farm, you requested
that any counter offers be made in writing.
In essence, Mr. Lamb will accept the $5,650.00 offered
in your letter of January 18, 1979, if you will, in addition,
pay the costs of moving the waterline under the property
being taken in the amount of $1;850.00, as shown on the
attached proposal from Western Ag Sales Co., Inc., and
maintain a drainage ditch on the property being taken so
that water from the west will not drain across his farm
hulley-gulley and wash out his crops.
As you know, Mr. Lamb is currently maintaining a bar
ditch on the west side of the farm which drains the water to
the waterway running east on into a lake on Mr. Lamb's
property.
In regard to the "bar ditch" which runs north and south
and the "waterway" running east, Mr. Lamb will need the
following assurances from the City, in writing:
(1) That the waterway taken (50' x 570', approxi-
mately) will be kept open and sand bars will not
be allowed to build up and change the flow of the
water.
(2) That in the 30' being taken, the "bar ditch" will
be located in approximately the center of the 30'
at least until such time as a portion of such
right-of-way is paved for Kewanee Street.
(3) That the "bar ditch" shall be backsloped in a
manner that will deliver the water.on Kewanee
ITEM 3 9
�• �` Mr. Tom Nivens
February 9, 1979
Page 2
Street to the waterway, and thence to the Lamb
lake. In this connection, Mr. Lamb will need
assurances that the water will not be permitted to
cut the field east of the bar ditch and that the
ditch will be maintained by the City to deliver
the water to the waterway.
(4) That a concrete ramp be constructed for water
to travel down the side of the lake wall to
prevent erosion, dangerous washouts, and.large
cavities. In regard to this matter, you will
recall that the City required Mr. Ken Flagg to
build a concrete ramp on the west side of the lake
in connection with his removal of dirt from the
lake for the Park Lorraine Project. Mr. Flagg
built a concrete ramp on the west side to the
City's specifications. It was not wide enough,
washed out around the edges, then undermined the
ramp, and it collapsed.
For your assistance, I am enclosing a copy of a diagram
showing the plan for moving the waterline. I am sure you
can understand why Mr. Lamb has no desire to have his waterline
on property which the City would own. He neither expects
nor desires any favored treatment. On the other hand, there
is not any reason why he ought to be imposed upon.
I have been out to Mr. Lamb's farm to view the water
problem firsthand, and feel that the above requests are both
reasonable and necessary. If you do not provide for drainage
on the east side of Kewanee Street, it would be impossible
to keep the street from washing away, so I expect that
maintenance of a bar ditch on the east side and the waterway
to the lake is already part of your plan.
Please call me if you have any questions about this
proposal.
Yours very truly,
JONES, TROUT, FLYGARE, MOODY & BROWN
By. John A. Flygare
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Western, Ag Sales (Co., Inc.
Sales C .,tract Number:
%''.' • �• GENERAL OFFICE
P.O. Box 5323, Lubbock Texas 79417
Phone (806) 747.3252
Date: Z %_ .. /Z/ .
County:�f�z" �---Stater
First Name
l./
Middle Name
Last Name
Address -
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r770scription of real property if any item is to be affixed to real estate:
The undersigned Purchaser hereby agrees to buy from Western Ag Sales Co., Inc., hereinafter called WASCO, the merchandise, equipment, mat-
erials, construction work and other items listed below (hereinafter referred to collectively as "merchandise'') upon the terms and conditions
stated herein and agrees to pay the total amount due under this contract at
City County State
OUANTITY
SIZE
DESCRIPTION OF ITEM
UNITPRICE
AMOUNT
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THIS CONTRACT IS SUBJECT TO TERMS AND CONDITIONS SHOWN BELOW AND ON REVERSE SIDE.
BANK REFERENCES
PURCHASER
n SOLD BY , r
ACCEPTED BY WESTERN AG S S CO., INC.
WA A102 (R 11/76)
. VAYRfiYNT: NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CONTRACT, PRICES LISTED HEREON ARE SUBJECT TO CHANGE, AND IT
IS AGREED THAT SHOULD WASCO'S SELLING PRICE OF SUCH MERCHANDISE INCREASE BETWEEN THE DATE OF THIS CONTRACT AND THE
DATE OR DATES OF DELIVERY OF SUCH MERCHANDISE,THE INCREASE IN PRICE WILL BE ADDED TO THE TOTAL AMOUNT SHOWN ABOVE
AND WLLL BE PAID BY THE PURCHASER ON THE SAME TERMS AS THE TOTAL AMOUNT SHOWN ABOVE, EXCEPT THAT IF SUCH INCREASE
IN PRICE IS GREATER THAN 5'd OF THE TOTAL PRICE SHOWN HEREON, THE PURCHASER WiLL.BE NOTIFIED PRIOR TO DELIVERY, AND
'PURCHASER WILL HAVE THE OPTION TO CANCEL THIS CONTRACT BY NOTICE IN WRITING DELIVERED TO WASCO WITHIN FIVE 151 DAYS
AFTER PURCHAST FI IS NOrIFIED OF THE AMOUNT OF SUCH INCREASE; HOWEVER, IF L"JASCO, AFTER NOTIFICATION OF THE PURCHASER'S
.ELECTION TO CANCEL THIS CONTRACT, AGREES TO BEAR ANY INCREASE IN EXCESS OF 5%. THIS CONTRACT SHALL REMAIN IN FULL
FORCE AND EFFECT, AND PURCHASER WILL PAY THE INCREASE UP TO 5%. THIS CONTRACT IS SUBJECT TO ACCEPTANCE BY WASCO AT
ITS- ,DISTRICT OFFICE TO -WHICH I HE SALESMAN MAKING THIS SALE IS ASSIGNED. THE TOTAL AMOUNT OF THIS CONTRACT SHALL BE
£ILIF-AfdD PAYABLE UPON RECEIPT OF INVOICE. UNLESS OTHER CONTRACTUAL TERMS HAVE BEEN AGREED UPON IN ADVANCE IN WRIT-
%N�GyANY SUMS NOT SO PAID WILL BE IN DEFAULT. A LATE CHARGE OF I", PER MONTH WILL BE IMPOSED ON ALL PAST DUE AMOUNTS,
TKE`EXISTENCE. OF ANY DEFECT WHICH WASCO MAY BE OBLIGATED I'D CORRECT UNDER THE "NJARRANTY"PROVISIONS OF THIS CON -
'TRACT WILL NOT EXCUSE PAYMENT OR JUSTIFY DELAY IN THE PAYMENT OF ANY AMOUNT DUE HEREUNDER. IN CASE OF CHANGE IN
"-QUANTITY OF MAERIAL.`.• OR SERVICES FURNISHED OR ARITHMFTIC ERROR, UNIT PRICESWILL DETERMINE THE TOTAL AMOUNT DUE,
IF THIS CONTRACT IS PLACED BY WASCO IN THE HANDS OF AN ATTORNEY FOR COLLECTION OR IF COLLECTED BY SUIT OR THROUGH
PROBATE OR BANKRUPTCY PROCEEDINGS, THE PURCHASER AGREES TO PAY ALL ATTORNEYS FEES ACTUALLY INCURRED BY WASCO.
IF, A"P:-ANY TIME, THE FINANCIAL RESPONSIBILITY OF THE PURCHASER IS IMPAIREDOR UNSATISFACTORY TO THE SE.LLEIt, THE SELLER
SHALL-4FAVF THE RIGHT TO CANCEL ORDERS, DISCONTINUE SHIPMENTS, RF.OUIRE PAYMENTS IN ADVANCE ANOJOR FIEOUIRE OTHER
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