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HomeMy WebLinkAboutResolution - 2010-R0467 - Property Easement - Rodney Bednarz, David Bednarz, Oleta Bednarz, Ida Bednarz - 09/27/2010Resolution No. 2010-RO467 September 27, 2010 Item No. 5.14 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 Rodney Bednarz, David Bednarz, Oleta Bednarz, and Ida Lee Bednarz, 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 September 27 , 2010. TOM MARTIN, MAYOR ATTEST: .r:Q Rebec a Garza, City Secretary APPROVED AS TO CONTENT: '1' — M/I A 0 A /)�-- J/ - -17 /,-/ Marsha Reed, P.E. Chief Operation Officer C1110 a, .01 Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: hite, ssistant City Attorney— Of fer&Condemnation-Bednar/ 9 13 10 N W ® E S Resolution No. 2010—RO467 EXHIBIT 'A' Page 1 of 3 FD.�/z" RO -- W/CAP ------- 27.0' 880 S31'17" E FD.%" R00 - -}- 1326.1. ------ FD.%" Ro 7 N 6/ Rodney Bednorz N 3-X�6 David Sednorz 7/6 LO Oleto Sednarz %6 v N Ida Bednarz Y N Wade H.W/mmer Vol. 6831 Pg Vd.83/P 3/7 J17 6 E G t I ON 29 Vol. 10418 Pg. 170 twrww 3 ` wS00 � OF e4 W . 1/2 ori s. W. 1 /4 6a TeMwory V) ��`! . N 30,rl Mr PermoneM Ease Fo.%" Ro wicAa $ M -015K 24 � 1322.2' �r 31 N 88° 37'51" W 0 2 1 P.O.B. Y-7214817.02 to N IM x-990318.03 M N SBG'f I ON 26 W W. I/2 W a) Of Art & Udwlno Wolf ro OF�rF N. W. 1/4 o Vol. 56J Pg. J67 •- Set I/2" Rod With Cap I A legal description of even survey date herewith accompanies this survey plat. S v ed on the r A h -May, 2009 Registerofessionol Land Surveyor Date$- 4 -09 1-U660GK GOUNtY)T6XA6 1321.2' 67 CENTERLINE 60' EASEMENT BRG. & DIST. CURVE DATA 1 N 38' 27'58" W 58.74' 2 R- 575.00'L- 67.39' DELTA- 6' 42'56" 3 N 45' 10'54" W 1683.47' 4 _ R- 575.00'L- 14.01' DELTA- 1. 23'47" All Northings and Eastings shown ore project coordinates and may a converted to Texas State Plane Coordinates, North Central Zone, NAD83 by dividing by a surface SI adjustment factor of 1.0002396 All distances shown are surface distances. CI DI Bearings shown are grid bearings based on the Texas Sl State $lone Coordinate System, North Central Zone, FI NAD83 Datum. This survey and all information hereon is for the exclusive use of CITY OF LUBBOCK and shall not be copied or used except for the purpose for which it is expressly furnished. this drawing and all copies (partial or complete) shall be returned to the owner upon demand. LE:1' - 1000AREVISION: REVISION: I PLAT DATE: 5-8-09 NT: PARKHILL SMITH & COOPER - CITY OF LUBBOCK WN BY: B. BURROW I SURVEY DATE: 3-5,2009 VEYED BY: J.M. MARTIN I CHECKED BY: G. WILSON : PAR67.dgn I FILE NO. 35,760 1 SHEET 1 OF 3 H�',�•11 INS t ITS % t tat .w. 3170 70th ST.. SWE 202 - LUBBOCK. T%. 7940 <806) 788.0020 - FAX IM) 792.1646 EXHIBIT "A" Page 2of3 PARCEL NO. 67 RODNEY BEDNARZ (3/16), DAVID BEDNARZ (3/16), OLETA BEDNARZ (1/8), IDA BEDNARI (1/2) Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in the West Half of the Northwest Quarter of Section 28, Block 24 and the West Half of the Southwest Quarter of Section 29, Block 24, Lubbock County, Texas and said pipeline centerline being described as follows: Beginning at a Yz" iron rod with cap, set in the East line of said West Half of the Northwest Quarter of Section 28, Block 24, for the beginning of this description, from whence a 5/8" rod with cap found for the Northwest comer of said Section 28, Block 24, bears North 1037'30" East, a distance of 592.00 feet and North 88037'51" West, a distance of 1322.2 feet, said point of beginning having a project coordinate of Y = 7214817.02 and X = 990318.03; Thence North 38027'58" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 58.74 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 (601 wide permanent pipeline easement, an arc distance of 67.39 feet to a point for the end of this curve, said curve having a radius of 575.00 feet and delta angle of 6042'56"; Thence North 45010'54" West, along the centerline of said Sixty -Foot (601 wide permanent pipeline easement, a distance of 1683.47 feet to the beginning of a curve to the right; Thence along the arc of a curve to the right and being along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, an arc distance of 14.01 feet to a 1//2" iron rod with cap, set in the West line of said Section 29, Block 24, for the end of this description, said curve having a radius of 575.00 feet and delta angle of 102347", whence a 5/8" rod with cap found for the Southwest corner of said Section 29, Block 24, bears South 1041'48" West, a distance of 669.72 feet.; Containing 110.52 rods. (2.51 acres) HIGH-TECH LAND AND GPS SURVEYORS, INC. 3330 70th St., Suite 202 - Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-1646 EXHIBIT °A" Page 3 of 3 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 2.51 acres of land. The said temporary construction easement shall expire as noted in the easement agreement. 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 Coordinate System, Texas North Central Zone, Nad83 Datum. 4. All distance shown are surface distances. - 5. Surface adjustment factor for entire project is 1.0002396 Date: ?�5 -;' y 7 HIGH-TECH LAND AND GPS SURVEYORS, INC. 3330 70th St., Suite 202 - Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-1646