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HomeMy WebLinkAboutResolution - 2010-R0468 - Property Easement For Lake Alan Henry Pipeline - Mildred Denzer - 09/27/2010Resolution No. 2010-RO468 September 27, 2010 Item No. 5.15 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 Mildred Denzer, 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. l»rr TOM MARTIN, MAYOR ATTEST: Acca Uarza, City Secretary APPROVED AS TO CONTENT: w a AJ4�'= I/V - j Marsha Reed, P.E. Chief Operation Officer 1, e- C - Dave Booher, Right -of -Way Agent APPROVED AS X0 FORM: City Attorney Offer&Condemnation-Mildred Denzer 9 13 10 Resolution No. 2010-RO468 EXHIBIT "A" PARCEL NO. 56 ALPHOSE A. DENZER (DEC.) AND MILDRED P. DENZER Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in Section 4, Block 0, D. & W. R.R. Co. Survey, Lynn County, Texas and said pipeline centerline being described as follows: Beginning at a 1/2" iron rod with cap, set in the West Right of Way line of F.M. 400 in said Section 4, Block 0, for the beginning of this description, from whence a 1" pipe found for the Northeast corner of said Section 4, Block 0, bears North 37°52'18" East, a distance of 1673.94 feet and South 88036'39" East, a distance of 1401.61 feet, said point of beginning having a project coordinate of Y = 7203158.65 and X = 1003994.71; Thence North 55008'11" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 2440.18 feet to a 1/2" iron rod with cap, set in the North line of said Section 4, Block 0, for the end of this description, whence a 1/2" rod found for the Northwest corner of said Section 4, Block 0, bears North 88036'39" West, 884.21 feet. Containing 147.89 rods. (3.36 acres) The above described sixty foot (60') 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 3.24 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 Al" Registered fessional Land Surveyor;�--- '1= onooQ�... r? v fJ -WiL1" 6nn01JuUUU00M........ g Date: HIGH-TECHLAND AND GPS SURVEYORS, INC. 3330 70th St., Suite 202 • Lubbock, Texas 79413 (806) 788-0020 • Fax (806) 792-1646 FD. 2 EXHIBIT '$ ' 3 884.21 9" N 88a 36'3 W 391 .9' �EASFD. 1-7/2" PIPE rE` &Y Pern 20'0/S T ��ment ti \ asefive 324 Ac. 1"��. oho �\\� \ .;•�v P.0.8.— Y•7203158.65 r0� X•1003994.71 N 56 AlAtotse A.Denzer (Dec.) Mildred P.Denzer Vol. 44 Pg. 253 /4789 Rods - Permonenr Esmr. LID 1336 Ar– - Permonenl Esmrl 1 23 DEEO 0 Resolution No. 2010—RO468 S 88.36 '39' E 3 5 6 /40/S/' -1 6 ,;VR D i1 1 5 FD. 1" PIPE Johnny Dole Denzer > Vol. 370 Pg, 219 ROD 6.41 ^1 FD.�/z" ROD tij^ yo • 0 ••� � SPa SEGT I 6l ON OGK 0 4 N ,• •'' � . �^� 'p. W. K. R. G0. SURVEY N LYNN GOUNrY) f6XA6 �. • yiLi� FD.�/z" _•2 FD./2•• ROD N 88" 29'09" W 5291.1' •- Set I/p" Rod With Cap ls— A legal description of even survey date herewith F •_� /� accompanies this survey plat. p�'• eaaYapp '�•�°,����'e�<'°�'� Surveyed on the grouparc y, 2009 .cn0ucpacf,ccr.rcanao.r-•o-`' .:.tAM (� V t kC�i SM Reg'is teredr fessional Land Surveyor j;�'er¢neertaoOrgol•panaase.•..-;- All Northings and Fastings shown are protect coordinates and may be converted to Texas State Plane Coordinates, North Central Zone, NAD83 by dividing by a surface adjustment factor of 1.0002396 SCALE 1' - 1000REVISIO : ' N All distances shown ore surface distances. CLIENT: PARKHII SMITH DRAWN BY: B. BURROW Bearings shown are grid bearings based on the Texas State Plane Coordinate System, North Central Zone, SURVEYED BY: J.M. MARTIN FILE: PAR56.d n F NAD83 Datum. rn N 10 00 W ® E S 5 2 1 5 I PLAT DATE: 5-4- 'R - CITY OF LUBBOC SURVEY DATE:3-5.2n NECKED BY: G. WILS NO. 35,760 SHEET This survey and oilnformation hereon is for the exclusive use o1 uru,�C INCswim K. CITY OF LUBBOCK vo GG ,Nft�C and shollnot be copied or used except for the purpose for which333070thST.,SME 202 •LUMM,TX79413 it is expressly furnished. this drawing and all copies (partiolor (8061788-0020 • rAx t806) 792.1616 \ complete) shollbe returned to the owner upon demand.