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HomeMy WebLinkAboutResolution - 1045 - Right Of Way Offer - SWPSC - Day Care Center, Rice Tract 2 - 03_11_1982JWF:mck PV4ZnT.TTTTnTJ RESOLUTION 1045 - 3/11/82 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 land for municipal public uses and municipal public purposes, to -wit: for the construction and maintenance of a day care center for children of low income parents of the City of Lubbock and operation of such day care facility, fee simple title to be acquired by said City to accomplish such purposes and this City Council of said City finds it to be to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such uses and purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT 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: Tract 2 of the Rice Tracts, City of Lubbock, Lubbock County, Texas, and being a part of Section 17, Block A, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at the Southwest corner of the East 1/2 of Section 17, Block A, Lubbock County, Texas; THENCE East 1043.4 feet for the BEGINNING corner of this tract; THENCE North 208.7 feet to a point; THENCE'East 52.1 3/4 feet to a point; THENCE South 208.7 feet to a point; THENCE West 52.1 3/4 feet to the PLACE OF BEGINNING. SAVE AND EXCEPT the South 25 feet thereof; heretofore, dedicated for street purposes, as set forth in Right -of -Way Deed dated November 6, 1947, recorded in Volume 1194, Page 21, Deed Records of Lubbock County, Texas, and being described by metes and bounds as follows: BEGINNING at a point which is 15.0 feet South of the Southeast corner of Lot 2, Block 2, Burleson -Osborn Heights, an'Additi6n.to-the:.City,-of Lubbock, Lubbock County, Texas; THENCE South along the West line of an alley a distance of 20.0 feet; THENCE No th 45° West a distance of 28.28 feet to a point in the South line of alley; THENCE Ea t along the South line of an alley a distance of 20.0 feet to the PLACE OF BEGINNING. SECTION 2. THAT the City Council of the City of Lubbock hereby determines pursuant to Subdivision 15, Article 1175, V.A.C.S., that the acquisition of said land for a day care center facility for the children of low income parents of the City of Lubbock in connection with and in cooperation with the Community Development Program and Fund of the United States Government is a municipal purpose and it is hereby deemed advisable to proceed with the acquisition of the fee simple title to said land by purchase (or condemnation if necessary) for such uses and purposes as aforesaid. SECTION 3. THAT the owners of said land including Southwestern Public Service Company BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,220.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate he.reinabove 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 author-__,_ ized and instructed to institute condemnation (eminent domain) proceedings 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 llth day of ch , 1982. BILL cALISTER, MAYOR ATTEST: E elyn Gaf ga, City a y-Treasurer APPROVEDASTO CONTENT: Tom Nivens, Right of Way Agent APPROVED AS TO FORM: J. Wo V Fullingim, Assistant Cify Attorney