HomeMy WebLinkAboutResolution - 2508 - Right Of Way Offer- HA Sessions- Utility Easement, Sec 5 Block E - 01_22_1987Resolution # 2508
January 22, 1987
Agenda Item #15
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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 land for municipal public uses and purposes,
to -wit: an easement for the relocation of public utilities, and this City
Council of said City finds it in the public interest and for public purposes
and municipal purposes to proceed with the acquisition of an easement in,
upon, over, along and across land as needed for such purposes as aforesaid;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT an easement in, upon, over, along and across the fol-
lowing described tracts of land located in Lubbock County, Texas, be ac-
quired for public purposes and municipal purposes as set forth in the pream-
ble hereof, to -wit:
TRACT 1
BEGINNING at a 1/2" iron rod, set in the Northwest R.O.W. line of In-
terstate Highway 27, for the most Southerly and beginning corner of
this description, whence the Northwest corner of Section 5, Block E
bears North 02119'10" East, a distance of 1425.48 feet and North
87041'44" West, a distance of 1914.30 feet;
THENCE Northeasterly, along -the arc of a curve, the Northwest R.O.W.
line of Interstate Highway 27, an arc distance of 20.00 feet to a set
1/2" iron rod, said curve has a central angle of 01013'09", a radius
of 939.93 feet and a chord that bears North 64004'08" East, a distance
of 20.00 feet;
THENCE North 26032'27" West, a distance of 5.00 feet to a 1/2" iron
rod, set for a corner of this description;
THENCE Northeasterly, along the arc of a curve, an arc distance of
14.60 feet to a set 1/2" iron rod, said curve has a central angle of
00053'41", a radius of 934.93 feet, and a chord that bears North
63000'43" East, a distance of 14.60 feet;
THENCE North 53042'51" East, a distance of 98.11 feet to a 1/2" iron
rod, set for a corner of this description;
THENCE Northeasterly, along the arc of a curve, an arc distance of
251.30 feet to a 1/2" iron rod, said curve has a central angle of
15034'00", a radius of 924.93 feet and a chord that bears North
48045'54" East, a distance of 250.52 feet;
THENCE Northerly, along the arc of the curve, the West R.O.W. line of
Interstate Highway 27, an arc distance of 26.20 feet to a 1/2" iron
rod, said curve has a central angle of 42153'39", a radius of 35.00
feet and a chord that bears North 10054'19" West, a distance of 25.59
feet;
THENCE Southwesterly, along the arc of a curve, an arc distance of
262.15 feet to a set 1/2" iron rod, said curve has a central angle of
16°35'54", a radius of 904.93 feet, and a chord that bears South
48016'50" West, a distance of 261.24 feet;
THENCE South 53042'51" West, a distance of 97.05 feet to a 1/2" iron
rod, set for a corner of this description;
THENCE Southwesterly, along the arc curve, an arc distance of 32.22
feet to a set 1/2" iron rod, said curve has a central angle of
02001'03", a radius of 914.93 feet and a chord that bears South
63040'10" West, a distance of 32.22 feet;
THENCE South 25019'18" East, a distance of 25.00 feet to the POINT OF
BEGINNING.
TRACT 2
BEGINNING at a 1/2" iron rod, set for the Northeast corner of this
tract, whence the Northwest corner of Section 5, Block E bears North
87041'44" West, a distance of 1915.69 feet and North 02019'10" East, a
distance of 2341.18 feet and being 804.47 feet left of Interstate
Highway 27 baseline "G" station 94+91.95;
THENCE Southeasterly, along the South R.Q.W. line of Interstate High-
way 27 and along the arc of a curve to the right, an arc distance of
501.33 feet to a 1/2" iron rod, set for the Southeast corner of this
tract, said curve has a radius of 981.45 feet, a central angle of
29016'02" and a chord that bears South 53140'20" East, a distance of
495.90 feet;
THENCE North 87141'40" West, along the North line of a 10.00 foot
water easement, a distance of 26.86 feet to a 1/2" iron rod, set for
the Southwest corner of this tract;
THENCE Northwesterly, along the arc of a curve to the left, an arc
distance of 473.37 feet to a 1/2" iron rod, set for the Northwest cor-
ner of this tract, said curve has a radius of 961.45 feet, a central
angle of 28112'36" and a chord that bears North 54012'03" West, a dis-
tance of 468.61 feet;
THENCE North 21041'39" East, a distance of 20.00 feet to the POINT OF
BEGINNING.
- 2 -
SECTION 2. THAT the owner of said tract, being H. A. Sessions, BE of-
fered through the Right -of -Way Department of the City of Lubbock the amount
of $14,000.00, which is the amount appraised as the value and total damages
for the acquisition of an easement in, upon, over, along and across said
real estate hereinabove described, for the use and benefit of the City of
Lubbock, Texas, for the purposes herein stated, and unless accepted forth-
with, the City Attorney of said City of Lubbock is hereby authorized and in-
structed to institute condemnation (eminent domain) proceedings to acquire
an easement in, upon, over, along and across said land as hereinabove de-
scribed for said public purposes and municipal purposes.
Passed by the City Council this 22nd
ATTEST:
Ranette`Boyd, City Secretary
APPROVED AS TO CONTENT:
Tom Nivens, Right-of=Way—Agent
APPROVED AS TO FORM:
arold Willard, Assistant City
Attorney
day of January , 1987.
B. C. MCMINN, MAYOR
- 3 -
THAT H. A. SESSIONS, of Lubbock Countr,'texas ,` for 'and in s?,
consideration of the aum of TEN AND NO/100 (f10 00) DOLLARS, to
him in hand paid by the CITY OF :LUBBOCK"W, bme Ruie`,Natnicipal
Corporation of Lubbock County` "T`exact,•tha•,* celpt *and'.surn is iAF
of which is hereby acknowledgedand, confedlaed, and Mar thu Y.;
further good and valuable cunsiderstlon 'A'benefits:``Mcbeuing'anal::"
to accrue to the remainder of his prope'rt�rhaa by these proventa.
GRANTED, BARGAINED, SOLD and CONVEYED, and by thaso'presents does.
GRANT, BARGAIN, SELL and CONVEY unto the .`GiY-:OF' LUBBOCK, ,its
legal representatives, successors and dssiOns.j.fur thsyuse::of ths.
public as a perpetual and permanent undorgfound ut.. t�r aVasea�eht,
and free and uninterrupted use', liberty rof.'passage'li 3 along, aTt1y
over, upon, under and across..all that pcopierty lying and'belnq
situated in the County of Lubbock, St ate''° f` Texas p".`6nd "b'e ng sore'
particularly described in two tracts act bilows, to -WAS �+ 4
ACT r=
BEGINNING at a 1/2" iron rod, set tln the Northwieat�R."0 W. `
line of Interstate Highway 27= Tor � a arost Southerly- anal
beginning corner of thisdescriptioh`r'.whence the #b"rthwdsZ.r*
corner of Section 5 , Block E' bears North 2' 19' 1"0" Esat, ;ia5y,
1425.48 feet and North 87'41144" Weg,t, 1914.3 felt;
THENCE Northeasterly, along the are :'<Zit a curve,: the North "
I west R.D.W. line of Interstate Hiq W"". 27, an `arb"distsnce
of 20.0 feet to a set 1/2"`iron rod';.said curve. has :a xr'
central angle of 1013109" a radius,of 939.93 feat and a
chord that bears North 64t04'08" Ea%s��vy, 20.00 faiet;
7 THENCE North 26*32'27" West', 5 b0 to t ta`s 1I2!"�iron radifi"
set for a corner of this d00crI t tili
THENCE Northessterl ehan trie sEf s a:uC aAn
distance of 14.60 feet to a set 1/I"r-'"iron'rod,"atlid eurvat>
has a central angle of 0653'41" iidiue:of 934«93 feet "
and a chord that bears North 6#j00"" Test iA.dO feet; w''
THENCE North 53'42'5
1" Esat, 98.11 `1Se16
l to a 1%s iron rsii`q
set for a corner of this descriptip{;
. i{
THENCE Northeasterly, along the 69, ' 1k a=eurv8, Tin arc M
distance of 251.30 feet.to's set f7t*;'iron rod,`"said curvit .,"
has a central angle of 15'34'00", p`"'fsdiva of"•92b.93 fttet
and a chord that bears North'48'45'.54" East, 250.5Z teetlP;;;
THENCE Northerly, along the a"re df+ Vurve,tlie West
line of Interstate Highway'27, an;. pc:diatsnce of,26.2a. Not
to a set 1/2" iron rod, said curve firs a centrei sngite of 6
42°53'39"� a radius of 35.00 feet aid a chord that bears
North 10'S4'19" west, 25.59 feet ;,• S - ��M
T ;y�
THENCE Southwesterly, aiong the tidT41 a curve, an arc +
distance of 262.15 feet to a eet.:1/!°.``iron rod',''said curV'e.'`.
has a central angle of, 16'35.54", a-, kAdius af_9.04.93' Test4
and a chord that bears South 48'1kv$0" Mast, 261•Z4 tee[ 1
THENCE South 53'42151" Wait,97.0.5; gtestiron lodeN.
set for a corner of this deacriptiarn;
von?_441RA r
s s a ^'t 4 r
/y24IT
8
�' z
�erlc
THENCE Southxeeteoly = aioitiq the 'asc of • curve an 541 °AGE
14 1-21
,
h` dlet6nee of 32.22 Ieet to a. set 1/2" iron rod, said curve
J
has • cantrel angle of 2*011030, a radius of 914.93 feet and
r
a chard that bears Guth 63040110" West, 32.22 feet;
-
LTHENCV_ oath 25'198" East, 25.00 feet to the POINT OF
BEGINNING. w� r
TRACT 2
BEGINNING 4t'0 1/2 !t"on rods set for the Northeast corner
of this.tract , whence 'the Northwest corner of Section 5,
Block V bears, Nort4=,47`41:044" West, 1915.69 feet and North
iZ=1!'10"` EBet, 2341,.18 feet end beinq 804.47 feet left of
T� 1hteretite HA9hway,'2:7;baseline "G" station 94+91.95;
THENCE Souiheasier`y, along the South R•.O.W. line of
=lnteestate„Highxap 27. and along the arc of a curve to the
=right, _an arc dietoaoa of;.501.33 feet to a 1/2" Iron rod,
- =
=set fOr the Southeast corner of. this tract, said curve has a
�r radius of 981.45 Peet, a central angls:of W 16'02" and e
chard that bears Squth 5304012011 East, 495.90 feet;
_
ftgcE 31ort�h 87'41 40 West, along the North line of a 10.0
' faeE •iisEee' easement ..26.96"" `feet, to a 1/2" iron rod, set for
t
sa the Southwest corner of this tract;
T4lEttCE¥3lorthwsatsr�ixilong `the:v Are of a curve to the left ,
=
st;, atra.:+diat8nce of�.; 3i.37,fast; to a 1/2" iron rod, set for
tlls Northwest cornea df ;this tr"act, said curve has a radius
_
of.. 961.45 feet, s ert;tiral angle of 28'12136" and s chord
thaf beer$ North 5*, 12'O3" Weat, 468.61 Peet;
k-Y
Tt4NCEtor#ht'4 ",9a Eaet1, 20.0 feet to PLACE OF
.the
`BEGINNINGS tiz yr
.
gather Al h tr rL` h'".'. - ingreas ,` egress and regress at any
it t%iits to accomplish the .following purposes: allowing, but
t•limited to,;�eonstruc;king,"reconst"ruc.ting, repairing and
�
epefually ma,intaining,.any and all types of water lines, sewer
nea,`gas pipe lines, tfslephune'and telegraph lines, electric
ansmisalon;X,ittes and any'other, type of public utility, whether
med her4�n'oinot, wfsi`oh..easement includes at all times and
aeons. Ehs "sight :of il'gabas,`egress and regress of mutor
-
hiclss'',and;pereannel .e"ng.aged either in such construction and
alto the"reedln p f g fIfmeters. Said property above described
not usediclaimed o 000upled as business or residential
msetead. h
IM order to assure the said CITY OF LUBBOCK, its successors
d eaeigns 6r.cantinuing access and enjoyment of said easement,
e"said "JR, A. SESSIONS does hereby expressly agree not to erect,
Aid orotherwise at a- constructed any building or like
rmonent•etiueture over the said property heretofore described,
d should such buliding;.,or structure be erected, it "is under-
ad- hat. -.'the That the said C1 7 OF LU886CK shall have the right to
move,said bu•ildinq oiP structure.from. the premises.
..
TQ HAVE AND 10 HOD the above described promisee together
th all and singular'the rights and appurtenances thereto in
ywJee belonging perpetually unto the CITY OF LUBBOCK, its
-
ccessora•'and,assigns•,, and any and all public utilities now or
reafter,franchiBed by the CITY OF LUBBOCK to use the City
reate :and alleys for: au long as the public uses the same for
e purposes herein granted.
MITNESS THE EXECUTION OF THIS INSTRUMENT this '�. day of
...._. .� � }W ` .i � � i' "'fare '^sy 34 + }`�� K+ . �+' ,•{�,
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a i• rx'Y Sa' +; a ad `Mr`Lv.- z$,J" 'i.
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THE STATE OF TEXAS § ,s yF k �k
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COUNTY OF LUBBOCK s n rr a 4
.. - '.,' < o" • ,.:` '<. wt, 'i ;day r` � �� .��,x �'s-.:
BEFORE ME, thes.undersign'ed.authority-; a Notary P!ubiicn
for said County, Texas r on .this day: personally appeared H. weM k"r�
SESSIONS, known to me to be the perabn Whose name 18reubsat bed
to the foregoing instrument anrd acknbwladged to me thtt he " R��'
executed the same fur the purposes sod eonetderant�herein
expressed.
GIVEN UNDER AY HANG ANO SEAL TOr60i10E this
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