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HomeMy WebLinkAboutResolution - 756 - Right Of Way Offer - PFF Company - Transportation Facility, E 1_2 Block 56 OT - 03_26_1981JWF:pc RESOLUTION #756 - 3/26/81 6 RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, health and welfare demands and creates a public necessity for the acquisition of additional land for municipal public uses and purposes, to - wit: for the expansion of the municipal public transporation system of the City of Lubbock and the storage, parking, and operation of the facilites and machinery and equipment in connection therewith and improvements to be made to accomplish such uses and purposes, fee simple title to be acquired by said City to accomplish such purposes and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as afore- said; 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 purposes and municipal purposes as set forth in the preamble hereof, to -wit: East 1/2 of Block 56, Original Town of the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said land including Carlsbad Auto Company, a New Mexico Corporation, also known as Carlsbad Auto Company dba Pollard Friendly Ford Company, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $66,200.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition 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) pro- ceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes as set forth in the preamble hereof Passed by the City Council this 26th day of March , 1981. BILL MCALIST , MAYOR AT EST: Evelyn Gaf ga, City 56c'e&y-Treasurer APPROVED AS TO CONTENT: Tom Nivens, Right of Way Agent APPROVED AS TO FORM: r � J. rth Fullingim, Assistaht CA# Attorney RE: Resolution #756 3/26/81 Purchase of East } of Block 56, Original Town of the City of LUbbock FOR: Expansion of transportation system S storage of machinery & equipment. The original Warranty Deed, or a copy been submitted to the City Secretary recording in the Minutes. FROM: Carlsbad Auto Co. dba Pollard Friendly Ford thereof has never for filing or for Check with the Engineering Department--right-of-way-- or the Deed Records for official recordation of this document if any. EVELYN A—=A City Secretary RE: Resolutio #756 3/26/81 Purchase of East J of Bl ck 56, Original Town of the City of LUbbock FOR: Expansion of transportation FROM: Carlsbad Auto Co. dba Pollard system b storage of machinery Friendly Ford S equipment. The original Warran_y Deed, or a copy thereof has never been submitted to the City Secretary for filing or for recording in the Minutes. Check with the Engineering Department--right-of-way-- or the Deed Records for official recordation of this document if any. �� EVELYN GA FGA � City Secretary �= rr Qv9 19 81 CITY $R91TARY NO. 405 f/ bpi Ash CITY OF LUBBOCK 4 IN THE COUNTI'1�01JRT A LAi. q 2 VS. 4 OF CARLSBAD AUTO COMPANY, = AL 4 LUBBQCK COUNTY, TEXAS JUDGMENT On the day of 1981, in the above numbered and entitled cause, came on to be considered the Award of. the Special ^Commissioners, filed with the Judge of the County Court at Law No. 2 of Lubbock County, Texas, on the 1st day of July, 1981, a true and correct copy of which award is annexed hereto as "Exhibit A" and made a part hereof for all purposes. AND IT APPEARING to the Court that no objections to such award have been filed in this proceeding, and that the time for filing such objections under Article 3266(6), Vernon's Annotated Civil Statutes of Texas by Defendants herein has expired prior to date of this Judgment, and all jurisdictional matters having been satisfied including the right of the City of Lubbock to condemn the land hereinafter described in accordance with its Petition in Condemnation filed herein, and this Court finding that final judgment in this cause should be entered; it is accordingly ORDERED, -ADJUDGED and DECREED that such Award of Special Commissioners be, and is hereby adopted as Judgment of this Court; and it is further ORDERED that such Award of Special Commissioners be recorded with this Judgment in the minutes of such Court. It being made known to the Court that Michael K. Cardenas, Administrator of Small Business Administration, an agency and instrumentality of the United States Government, Small Business Administration, and the United States of America were all named Defendants in this proceeding because of a deed of trust lien asserted by them recorded -at Volume 511., pages. 12-18 of the Deed of Trust Records of Lubbock County, Texas, reference to which record is hereby made for a more particular description of the tenor and effect of such lien as against the property involved in this proceeding, and whereas said lien was duly released of record by release filed as instrument number 12589 in the Deed Records of Lubbock County, Texas on May 5, 1981, and a copy thereof was attached to the Order of this Court dated May 15, 1981, dismissing said Defendants asserting said deed of trust lien from this lawsuit by reason that said Defendants no' longer have an .interest in the property involved in this proceeding, it is here- by ordered, adjudged, and decreed that said Defendants take nothing as against the•City of Lubbock. IT IS FURTHER ORDERED, ADJUDGED and DECREED that the City of Lubbock, Texas, do have and recover from the Defendants Carlsbad Auto Company AKA Carlsbad Auto Company DBA Pollard Friendly Ford Company, James J. Kilchenstein, Tax As- sessor -Collector for the City of Lubbock, Texas and Lubbock Independent School District, and Frank A. Stuart, Lubbock County, Texas Tax Assessor -Collector, fee simple title in and to that certain property situated in Lubbock County, Texas, described as follows: The East Half of Block 56, Original Town of the City of Lubbock, Lubbock -County, Texas, which can also be described as Lots 11 through 20 (inclusive), Block 56, Original Town of the City. of Lubbock, Lubbock. County, Texas. All acquired hereby for the public purpose of expanding the municipal public transportation system of the City of Lubbock and the storage, packing, and operation of facilities, and machinery, and equipment in connection therewith and improvements made or to be made to accomplish such uses and purposes. AND, IT IS FURTHER ORDERED, ADJUDGED and DECREED that in accordance with such Award that said Defendants do have and recover from the City of Lubbock, i. Texas, the sum of EIGHTY THOUSAATD A_l'D NO/100 ($80,000.00) DOLLARS and same i shall be paid by Plaintiff, City of Lubbock, Texas, over to said Defendants as set forth in the Award of Special Commissioners, which sum when paid to said Defendants shall be received and accepted in full and final satisfaction of said Award and of this Judgment. And it further appearing to the Court that heretofore the said City of Lubbock, Texas, has paid into the Registry of this Court the said sum of $80,000.00 on or about July 2, 1981, and the Court hereby finds and determines the said payment by said City of Lubbock as aforesaid constitutes full satis- faction of this Judgment and the Court finding that said sum of $80,000.00 was ordered distributed to said Defendants in accordance with the Court's Order filed July 7,.1981, in this proceeding, and said Defendants have all drawn down their respective sums due under said Order, this Judgment is hereby declared paid and satisfied. IT IS FURTHER ORDERED that all costs herein are taxed against the Plaintiff City of Lubbock as provided in said Award of Special Commissioners, and said costs having been heretofore paid by said City of Lubbock, Texas, as made known to this Court, it is hereby determined that there is no necessity that ex- ecution shall issue for such costs. s� SIMD AND ENTERED this the day of. — q�� , 1981. APPROVED -AS •TO FORM: IrDGE PRESIDING CO il'ty Court kt tmq tip. 2 Q T ROCS, S.B.N. 3041000 Attorney for Defendant Carlsbad Auto Company AKA Carlsbad Auto Company DBA Pollard Friendly Ford Company - 0 , -001a ;t5bvA-� �- J. W FULLINGIM, S.B.N.-075330 0 Assi nt City Attorney for City of Lubbock, Texas t AWARD OF SPECIAL COMN,ISSIONERS ,-I,ry OF LUBBOCK - �' COUNTY COURT AT LI:W NO. 2 C _'ZT.SBAD AL?0 COMPAN'Y, ET. AL LUBBOCK COUNTY, TEXAS On the day of =amw A. D. , 19 gl , came on for hearing Before the undersigned, U •C. (Bill) Sharpley Raul Sepeda and Tutt Mercer Special Commissioners and disinterested free- holders of Lubbock County, Texts, and duly appointed by the Judge of the County Court at Law of Lubbock County, Texas,. to assess the damages accruing to Defendants named EBB below* by reason of the con- demnation and taking of real property fully described in Petitioner's petition on file herein, which land is -owned by said Defendants timed below At' Defendants herein, and all parties having been duly notified of the time and place'of meeting as by law required, and all parties app .az ing in person end by their attorneys, and after fully hearing said parties at the time'anc place of appointment, and all the evidence as to the damages which will be sustained by said Defen ats b reason of 'Ch. c oncemnation, we asse ps�said damages in the su= off DOLL ARS, and the said Plaintiff, City of Lubbock shall pay all costs of this proceeding. sr--._ �.. ENTERED on the day of *Defendants herein are17 a ::..,, 1 Carlsbad Auto Company also knova C. Bi 1 S az¢ley as Cazlsba3 Auto'. ompaay Pollard Fiieadly.Ford'Company et 2 rJames J.�'.Mcbeaastein Taxes u epeda .�.., ' Assessoz-Collector for the -' _ T City of Lubbock tad Lubbock r Independent School Distiict Ttitti Mercer Y i r`R . ...- _. .� Special Commi 3 Frank A. StuartLubbock County -^ .�, ssioners Tax Assessor Collector" } ^: -? j y •z ^ jc`r't ,r _r' r s•' c 4;�' �: - L - •; �-, .� N!Y' t+s�-. .�.!' :�v.�=;Yy �''� -. - ••�.:•�� � °;+� � ac jr. .-. � � � wr-.�:••:.., .:sue �.^�. +r i- Jr '� t'y..�-.�.rr.;f.. �-i�y�'�� �.�-r r r�� •"� a� ti�"��t.s--�,.-'-ii�'S-' �-,�'`---a-...: ,,(/,/.�,}•.! ` s• r�z" . _ t,-_�. � i f •s+- $ 'SF: -t� _ �. ' ' J � fi - J ' eve . � ,..