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Home My WebLink AboutResolution - 3805 - Right Of Way Offer - PISD - Flood & Restrictive Easement, Lake Alan Henry - 02_13_1992Resolution No. 3805 February 13, 1992 Item #18 JWF:js 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 and welfare demand and create a public necessity for the acqui- sition of the easement title to additional land for municipal public uses and purposes, to -wit: for easement title to land for flood and restrictive ease- ment purposes, which easement grants City; (a) the right to intermittently overflow, flood or cover such land, at any time with flood, slack or backwater created by construction, maintenance and operation by City of its proposed Lake Alan Henry Reservoir, also known as the Justiceburg Dam and the Reservoir and for the storage of water created by the construction of the Dam; (b) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth or any other thing which would in any way interfere with the construction, maintenance and operation of such dam and reservoir or tend to render the same unsafe or unsanitary and to prevent the drainage or dumping of refuse, sewage or other material into such reservoir and to carry out an adequate program of pollution control; and (c) the right to prevent the con- struction of, or the removal, with due notice, of any structure or facility located or to be located on said land, in connection with the extension of the water works system of the City of Lubbock, 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 land 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 easement title for flood and restrictive easements to the land hereinafter referred to as Flood and Restrictive Easement "A" and "B" the legal descriptions of each of said tracts being attached hereto and made a part hereof collectively as "Exhibit A", said tracts of land being located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being POST INDEPENDENT SCHOOL DISTRICT, BE offered through the Right -Of -Way Department of the City of Lubbock the amount of $873.00, which is the amount appraised as the value and total damages for the easement title to the real estate hereinabove described for the value and damages therefor to said owner of $873.00 for such easement title acquisition, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute con- demnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of February , 1992. ATTEST: Randtte Boyd, City becr APPROVED AS TO CONTENT: E3-Bucy, Right -Of -Way Agent (APPROVED AS TO FORM: A, -Y M 3�wV�w' W�ryh Fullingim, Assistant City Actor ey IE-PISD.RES/D1-Aaenda ,,, L& A- n- W. wn A — 2 — Resolution No. 3805 F ruaryCT3, 196= Item #18 a FIELD NOTES FLOOD AND RESTRICTIVE EASEMENT FIELD NOTES on a 8.53 acre easement out of the Northwest 1/4 of the Northwest 1/4 of Section 12, Block 6, H. & G. N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the Northwest corner of said Section 12, said corner being the common corner of Sections 11, 12, 19 and 20; THENCE South 01036132" West, along the West line of said Section 12, and the East line of Section 19, 174.03 feet to a 1/2" iron rod, set in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929 (MSL, NGVD 1929); THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances; South 49°34'51" East, 79.77 feet; South 63042142" East, 48.44 feet; South 07*35126" East, 106.27 feet; South 60°22'32" East, 422.27 feet to a set 1/2" iron rod; North 20°58'16" East, 46.22 feet; South 82°16'55" East, 81.39 feet; North 07'08'56" East, 90.45 feet; North 50042'46" East, 155.86 feet; North 40037118" East, 116.88 feet; North 82050156" East, 153.89 feet; North 66053'50" East, 170.76 feet; North 45023'12" East, 53.86 feet; North 42*42'43" West, 134.52 feet to a 1/2" iron rod, set in the North line of said Section 12; ..................... GARY.D..WILSON CERTIFIED CORRECT: - ......... �'. 4239 •. r� Gary JD. Wilson G�.'•eQ��Te,ca.•yo Registered Public Surveyor < jC ••SURJi. PAGE 2 OF 3 ='oK CITY OF LUBBOCK •�, LAKE ALAN HENRY FLOOD AND RESTRICTIVE EASEMENT A 8.53 ACRE EASEMENT OUT OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, BLOCK 6, H. & G. N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS O-ne, JUSTICEBURG COMMON SCHOOL DISTRICT Volume Pone AWILIN "N SURVEYING Co., INC. 23,838 (806) 766-3389 0 1718 AVENUE "N" • LUBBOCK. TEXAS 79401 RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF POST INDEPENDENT SCHOOL DISTRICT: THAT the following hereinafter described property pursuant to Section 23.30 of the Education Code of the State of Texas is hereby authorized to be impressed with and conveyed to the City of Lubbock, Lubbock County, Texas, as a flood and restrictive easement in the form set fo t below this Resolution being passed this //x-2 day of I, 1992, to -wit: FLOOD AND RESTR CTIVE EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GARZA § THAT POST INDEPENDENT SCHOOL DISTRICT, as successor in interest to Justice Common School District No. 7, hereinafter called GRANTOR, for and in consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS and other good and valuable consideration, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the said City of Lubbock, Texas, its legal representatives, successors and assigns for the use of the said City of Lubbock, a restrictive building and flood easement, which easement grants City (a) the right to intermittently overflow, flood or cover such land, at any time with flood, slack or backwater created by construction, maintenance and operation by City of its proposed John Montford Dam and the Lake Alan B. Henry Reservoir; (b) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth or any other thing which would in any way interfere with the construction, maintenance and operation of such dam and reservoir or tend to render the same unsafe or unsanitary and to prevent the drainage or dumping of refuse, sewage or other material into such reservoir and to carry out an adequate program of pollution control; and (c) the right to prevent the construction of, or the removal, with due notice, of any structure or facility located or to be located on said land. Structures and facilities are defined as waterwells, septic systems, cesspools, barns, sheds, places of habitation, but shall not include pens, gates, fences, or cattleguards.( All structures 2C3 f1U �ni m.rt constructed and maintained by the GRANTOR shall be at the Grantor's risk with regard to flooding by the operation of the city's reservoir. This restrictive building and flood easement lying and being situated in the County of Garza, State of Texas, and being more particularly described as follows: Two tracts of land referred to as "Flood and Restrictive Easement All and "Flood and Restrictive Easement B" legal descriptions thereof being collectively attached hereto as "Exhibit All and made a part hereof. TO HAVE AND TO HOLD the above described premises, rights, titles, easements, interests and all appurtenances thereto in anywise belonging, unto the said Grantee, CITY OF LUBBOCK, TEXAS, its successors and assigns forever; and GRANTOR does hereby binds itself, its successors and assigns to WARRANT and FOREVER DEFEND all and singular the said premises unto the said Grantee, CITY OF LUBBOCK, TEXAS, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject, however, to the reservations and other matters set forth herein. EXECUTED this day of 1992. POST INDEPENDENT CHOOL DISTRICT BY: _4o,,..y; Prudencio_Basq ez President of its Board of Trustees THE STATE OF TEXAS § COUNTY OF GARZA § BEFORE ME, the undersigned authority, on this day personally appeared the said Dan Hodges, President of the Board of Trustees of Post Independent School District, known to me to be the person whose name ig subscribed to the foregoing instrument and acknowledged Ito me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said Post Independent School N District. °r Q GI N NDER MY HAND AND SEAL OF OFF CE this day of W 1992 iA A ea' Nota y ub is and for > the S to of exas •Emi-OiJ E46st.doc JUiti 203f,�C. 11 f - 2 - EXHIBIT A LAKE ALAN B. HENRY POST INDEPENDENT SCHOOL DISTRICT FLOOD AND RESTRICTIVE EASEMENT "A" 8.53 ACRES FLOOD AND RESTRICTIVE EASEMENT "B" 0.20 ACRE SECTIONS 12AND 19, BLOCK 6, H. & G.N. R.R. CO. SURVEY GARZA COMM, TEXAS 20, - 71 VG!. n FIELD NOTES FLOOD AND RESTRICTIVE EASEMENT FIELD NOTES on a 8.53 acre easement out of the Northwest 1/4 of the Northwest 1/4 of Section 12, Block 6, H. & G. N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the Northwest corner of said Section 12, said corner being the common corner of Sections 11, 12, 19 and 20; THENCE South 01036132" West, along the West line of said Section 12, and the East line of Section 19, 174.03 feet to_a 1/2" iron rod, set in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929 (MSL, NGVD 1929); THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances; South 49'34'51" East, 79.77 feet; South 63042142" East, 48.44 feet; South 07035126" East, 106.27 feet; South 60022132" East, 422.27 feet to a set 1/2" iron rod; North 20058'16" East, 46.22 feet; South 82'16'55" East, 81.39 feet; North 07008156/1 East, 90.45 feet; North 50042146" East, 155.86 feet; North 40137'18" East, 116.88 feet; North 82050156" East, 153.89 feet; North 66'53'50" East, 170.76 feet; North 45'23'12" East, 53.86 feet; North 42042'43" West, 134.52 feet to a 1/2" iron rod, set in the North line of said Section 12; (� W � OF ,TF+9 � �' • 1 .....................:... n .GARY D. WILSON CERTIFIED CORRECT: C� fUk- `J 4239 ••.:. Gary JD. Wilson ��c�.;�o� Registered Public Surveyor C. S1JR-4 PAGE 2 OF 3 CITY OF LUBBOCK.,. LAKE ALAN HENRY VEL 201r,�.719 r1Y� FLOOD AND RESTRICTIVE EASEMENT A 8.53 ACRE EASEMENT OUT OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, BLOCK 6, H. & G. N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS WILS-N SURVEYING Co., INC. 23,83$ I (806) 763-3335 • 1718 AVENUE "N" 6 LUBBOCK. TEXAS 79401 a :E North 88022110" West, leaving said contour elevation , MSL, NGVD 1929, along the North line of said Section and the South line of Section 11, 1042.82 feet to the point of beginning. CONTAINING 8.53 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 8 =-1058140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT„-AnpD. QQ� GARY D. WILSON REGISTERED PUBLIC SURVEYOR W to O !'V W JSD/FRE -3- 23,838 20 'I]N FLOOD AND RESTRICTIVE EASEMENT N.E. COIF. SEC. 191 ELK. Go /Z. W FIELD NOTES TILED NOTES on & 0.20 acre easement out of Section 19, Block 6. H. i 0. P. E.R. Co. Survey, Cara& County. Texas and being more particularly described as follows$ BEGINNING at the Northeast corner of said Section 19, for the Northeast and beginning corner of this easetant, said corner being the common comer of Sections 11. 12. 19 and 20; THENCE North 88'22'10" West, along the North line of Section 19 and the South line of Section 20, 26.86 feat to the intersection with Contour elevation 2250, Keen Sea Level, National Geodetic Vertical Datum of 1929 (KSL, NCVD 1929); TBEKCE along said contour elevation 2250, KSL, NGVD 1929, the following meandered courses and distances; South 15'11'21" West, 63.96 feet; South 40'34'55" West, 59.11 feet; South 24.00'16" East, 74.72 feet; North 77'52118" East, 32.72 feet; South 47'11'32" East, 19.42 feet to the intersection with the East line of said Section 19; THENCE North 01'36'32" East, leaving said contour elevation 2250, KSL, NGVD 1929, along the East line of said ♦♦II�� Section 19 and the West line of Section 12. 179.54 feet to the point of beginning. W v CONTAINING 0.20 acres. Ol IOTZ- BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE GJ 0 --1'58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOCRAIRO:TRIC METHODS AS FURNISHED BY WILLIAMS AND STACKHOUSE, INC. CERTIFIED CORRECT: !dn ( a t UD.WILSON Ca D. Wilson Registered Profe8s{onal Land Surveyor CITY OF LUBBOCK...., LAKE ALAN, ..HENRY v°L 203°rcMl FLOOD AND RESTRICTIVE EASEMENT A 0.20 ACRE EASEMENT OUT OF SECTION 19, BLOCK 6, H. & G. N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS erne AlUSTICEBURG COMMON SCHOOL DISTRICT I Volv_me Page Filed for record thel3 day of }AIA, 1992, A.M.-P-M. Sonny Gossett, County Clerk, Garza County, T as. By: Deputy