HomeMy WebLinkAboutResolution - 4739 - Right Of Way Offer - Joe Dan Griffies & Wife - Justiceburg Dam & Reservoir Area - 02_09_1995Resolution No. 4739
February 9, 1995
Item #31
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 acquisition of the easement title to additional land for
municipal public uses and purposes, to -wit: for easement title to land for flood and restrictive
easement purposes, which easement grants the City (a) the right to intermittently overflow, flood
or cover such land at any time with flood, slack or backwater created by construction, maintenance
or operation by the City of its John Montford Dam and the Lake Alan Henry Reservoir, also
known as the Justiceburg Dam and 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 or 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, in
connection with the extension of the waterworks system of the City of Lubbock; and
WHEREAS, 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 aforesaid; 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 Easements "l ", "2", "3" and "4", 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, and Lots 1, 2, 9 and 10,
Block Two (2), and Lots 10, 11 and 12, Block Three (3), East Justiceburg Addition, Garza County,
Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof
SECTION 2. THAT the owners of said tract, being JOE DAN GRIFFIS and his wife,
DONNA RAE GRIFFIS, BE offered through the Right -Of -Way Department of the City of
Lubbock the amount of $7,013.24, which is the amount appraised as the value and total damages
for the easement title to the real estate hereinabove described, 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 condemnation (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 9th
I ! ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Mo I�Wil-1�; Assistant City Attorney
HWWGRIMS.RES
cedocOanuary 13,1995
9ME
Resolution No. 4739
February 9, 1995
AIt Item #31
ExPtis(T A
LAKE A L A N B. ff ENRY
l0E D. GRIFFIS
EASEMENTS
FLOOD AND RESTRICTIVE EASEMENT 1
54.40 ACRES
FLOOD AND RESTRICTIVE EASEMENT 2
15.10 ACRES
FLOOD AND RESTRICTIVE EASEMENT 3
0.02 ACRES
FLOOD AND RESTRICTIVE EASEMENT 4
0.05 ACRES
SECTION 25, BLOCK 6,
ff. 9 G. N. R.R. CO. SURVEY,
GARZA COUNTY, TEXAS
APRIL 29, 1993
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT 1
FIELD NOTES on a 54.40 acre easement out of Section 25, Block
6, H. & G. N. R. R. Co. Survey, Garza County, Texas and being
more particularly described as follows:
BEGINNING at a 1/2" iron rod, set in the East line of Section
25, at the Southeast corner of the Justiceburg Cemetery
Association Tract, as recorded in Volume 29, Page 373, Deed
Records of Garza County, Texas, whence the Northeast corner of
Section 25, a found 1 1/4" iron pipe, as set by F. M. German in
1895, bears North 01041'57" East, 600.0 feet, said corner being
the common corner of Sections 20, 21, 24 and 25;
THENCE North 88020112" West, along the South line of said
Justiceburg Cemetery Association Tract, 475.00 feet to a 1/2"
iron rod, set at its Southwest corner, for a corner of this
easement;
THENCE North 01014'57" East, along the West line of said
Justiceburg Cemetery Association Tract, 7.06 feet to the
intersection with contour elevation 2250, Mean Sea Level,
National Geodetic Vertical Datum of 1929, (MSL NGVD 1929);
THENCE along said contour elevation 2250, MSL, NGVD 1929, the
following meandered courses and distances:
North 89000122" West, 84.02 feet;
South 61*25130" West, 121.52 feet;
South 61'52'30" East, 29.46 feet;
South 78°46'17" West, 186.61 feet to a set 1/2" iron rod;
North 65031151" East, 140.12 feet;
North 76100151" West, 104.54 feet;
South 58152126" West, 270.66 feet;
North 88*32117" East, 49.54 feet;
South 66°52'07" West, 220.58 feet;
South 49°20'25" West, 221.09 feet;
South 59002111" West, 119.50 feet to a set 1/2" iron rod;
North 26039103" West, 15.22 feet;
South 76°11'46" West, 119.75 feet;
South 55°55'40" West, 104.02 feet;
South 77058159" West, 191.77 feet;
North 83042117" West, 85.90 feet;
PAGE 1 OF 3
South 25025108" West, 45.63 feet;
North 78046122" West, 101.29 feet;
North 87012141" West, 27.69 feet to the intersection with the
East line of Block 2, East Addition to the Original Town of
Justiceburg and contour elevation 2250, MSL, NGVD 1929;
THENCE South 32047'03" East, leaving said contour elevation
2250, MSL, NGVD 1929, along the East line of said Block 2,
219.68 feet to the Southeast corner of said Block 2;
THENCE South 57012'57" West, along the South line of said Block
2, 140.00 feet to a point in the East line of U. S. Highway 84
for a corner of this easement;
THENCE South 32047'03" East, along the East line of U. S.
Highway 84, 25.00 feet to a point for a corner of this easement;
THENCE North 57013113" East, along the East line of U. S.
Highway 84, 10.00 feet to a point for a corner of this easement;
THENCE South 32047'03" East, along the East line of U. S.
Highway 84, 570.76 feet to a concrete monument found for the
P.C. of a curve to the left and a corner of this easement;
THENCE Southeasterly, along the arc of said curve, 467.50 feet
to a point in the East line of said U. S. Highway 84, said curve
has a radius of 2777.93 feet, a central angle of 9038132" and
a chord that bears South 37°00147" East, 466.94 feet;
THENCE South 41°14'32" East, along the East line! of U. S.
Highway 84, 150.95 feet to a point for a corner of this
easement;
THENCE South 71045136" East, along the East line of U. S.
Highway 84, 32.08 feet to a concrete monument, found for a
corner of this easement;
THENCE South 43034147" East, along the East line of U. S.
Highway 84, 191.92 feet to a point, for a corner of this
easement;
THENCE North 44014'57" East, leaving the East line of U. S.
Highway 84, 1695.23 feet to a point, in the East line of Section
25 and the West line of Section 20, for a corner of this
easement;
PAGE 2 OF 3
THENCE North 01041'57" East,
and the West line of Section
beginning.
CONTAINING 54.40 acres.
along the East line of Section 25
20, 734.85 feet to the point of
NOTE: BEARINGS ARE BASED ON LAMBERT GRID
TEXAS NORTH CENTRAL ZONE
e =-1°58'40"
DISTANCES ARE ACTUAL SURFACE DISTANCES.
NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS
AS FURNISHED BY WILLIAMS & STACKHOUSE, INC.
CERTIFIED CORRECT
PAGE 3 OF 3
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT 2
FIELD NOTES on a 15.10 acre easement out of Section 25, Block
6, H. & G. N. R. R. Co. Survey, Garza County, Texas and being
more particularly described as follows:
BEGINNING at a 1/2" iron rod, set in the North line of Section
25, at the Northwest corner of the Justiceburg Cemetery
Association Tract, as recorded in Volume 29, Page 373, Deed
Records of Garza County, Texas, whence the Northeast corner of
Section 25, a found 1 1/4" iron pipe, as set by F. M. German in
1895, bears South 88°20'12" East, 475.0 feet, said corner being
the common corner of Sections 20, 21, 24 and 25;
THENCE North 88020112" West, along the North line of Section 25
and the South line of Section 24, 2581.46 feet to a 1/2" iron
rod, set in the North line of Section 25, the South line of
Section 24 and the East line of U. S. Highway 64, for a corner of
this easement;
THENCE South 32044'26" East, along the East line of U. S. Highway
84, 811.30 feet to a point for a corner of this easement;
THENCE South 54047132" West, along the East line of U. S. Highway
84, 9.39 feet to a point for a corner of this easement;
THENCE South 32047103" East, along the East line of U. S. Highway
84, 123.69 feet to a 1/2" iron rod, set at the Northwest corner
of the First Baptist Church of Justiceburg Tract, as recorded
in Volume 68, Page 362, Deed Records of Garza County, Texas for
a corner of this easement;
THENCE North 57012157" East, along the Northwesterly line of said
First Baptist Church of Justiceburg Tract, 129.10 feet to the
intersection with contour elevation 2250, Mean Sea Level,
National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929);
THENCE along said contour elevation 2250, MSL, NGVD 1929, the
following meandered courses and distances:
North 39059'44" West, 8.72 feet;
North 27*38132" West, 93.26 feet;
North 05111'11" East, 106.60 feet;
North 02018'01" West, 166.22 feet;
North 14°57149" East, 119.05 feet;
PAGE 1 OF 2
North
07116143"
East,
105.68
feet to
a set 1/2" iron rod;
North
72031109"
East,
54.17
feet;
South
39*45116"
East,
177.46
feet;
North
78042152"
East,
166.46
feet;
South
76102123"
East,
47.78
feet;
North
84°56'52"
East,
97.24
feet;
South
72042119"
East,
115.37
feet;
South
49°08'40"
East,
102.53
feet;
North
89008110"
East,
208.10
feet to
a set 1/2" iron rod;
South
72000127"
East,
181.07
feet;
North
52029148"
East,
75.39
feet;
South
77*47102"
East,
139.21
feet;
South
48055149"
East,
57.97
feet;
North
63033137"
East,
124.98
feet;
North
89°39'39"
East,
54.22
feet;
North
63011128"
East,
46.56
feet;
North
80°30'08"
East,
87.65
feet;
South
70°35'38"
East,
76.28
feet;
North
56019103"
East,
43.86
feet;
North
83015148"
East,
62.28
feet;
North
43047117"
East,
72.61
feet;
North
80*51126"
East,
121.10
feet;
North
66018130"
West,
69.67
feet to
a set 1/2" iron rod;
North
86*06126"
East,
162.39
feet
to the intersection with the
West
line of
said
Justiceburg
Cemetery Association Tract;
THENCE North 01041157" East, along the West line of said
Justiceburg Cemetery Association Tract, 77.45 feet to the point
of beginning.
CONTAINING 15.10 acres.
NOTE: BEARINGS ARE BASED ON LAMBERT GRID
TEXAS NORTH CENTRAL ZONE
e =-1°58140"
DISTANCES ARE ACTUAL SURFACE DISTANCES.
NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS
AS FURNISHED BY WILLIAMS & STACKHOUSE, INC.
r�-ARYD.
CERTIFIED CORRECT Q/J�tX1�� �p�3"7REGISTERE ROFESSIONAL LAND SURVEYOR
PAGE 2 OF 2
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT 3
FIELD NOTES on a 0.02 acre easement out of Section 25, Block
6, H. & G. N. R. R. Co. Survey, Garza County, Texas and being
more particularly described as follows:
BEGINNING at the intersection of the South line of the First
Baptist Church of Justiceburg Tract, as recorded in Volume 68,
Page 362, Deed Records of Garza County, Texas with contour
elevation 2250, Mean Sea Level, National Geodetic Vertical Datum
of 1929, (MSL NGVD 1929), whence the Northeast corner of
Section 25, a found 1 1/4" iron pipe, as set by F. M. German in
1895 bears North 01°41'57" East, 846.46 feet and South 88°20112"
East, 2282.74 feet;
THENCE South 57012'57" West, along the South line of said Church
Tract, 28.83 feet to the Northeast corner of Block 3, East
Addition to the Original Town of Justiceburg;
THENCE South 32047103" East, along the East line of said Block
3, 33.06 feet to the intersection of said East line of Block 3
and contour elevation 2250, MSL, NGVD 1929;
THENCE along said contour elevation 2250, MSL, NGVD 1929, the
following meandered courses and distances:
North 34°45'06" East, 33.12 feet;
North 37°45'15" West, 20.48 feet to the point of beginning.
CONTAINING 0.02 acres.
NOTE: BEARINGS ARE BASED ON LAMBERT GRID
TEXAS NORTH CENTRAL ZONE
e =-1°58'40"
DISTANCES ARE ACTUAL SURFACE DISTANCES.
NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS
AS FURNISHED BY WILLIAMS & STACKHOUSE, INC.
CERTIFIED CORRECT Al-)
REGISTER PROFESSIONAL LAND SURVEYOR
PAGE 1 OF 1
FIELD NOTES
FLOOD AND RESTRICTIVE EASEMENT 4
FIELD NOTES on a 0.05 acre easement out of Section 25, Block
6, H. & G. N. R.R. Co. Survey, Garza County, Texas and being
more particularly described as follows:
BEGINNING at a 1/2" iron rod, set in the East line of U. S.
Highway 84, whence the Northeast corner of Section 25, a found
1}" iron pipe, as set by F. M. German in 1895, bears North
01041'57" East, 1194.87 feet and South 88020'12" East, 2248.26
feet, said corner being the common corner of Sections 20, 21, 24
and 25;
THENCE South 32047'03" East, along the East line of U. S.
Highway 84, 43.30 feet to the Northwest corner of Block 2, East
Addition to the Original Town of Justiceburg;
THENCE North 57012'57" East, along the North line of said Block
2, 66.14 feet to the intersection of the East line of said Block
2 and contour elevation 2250, Mean Sea Level, National Geodetic
Vertical Datum of 1929, (MSL, NGVD 1929);
THENCE North 66048143" West, along said contour elevation 2250,
MSL, NGVD 1929, 44.49 feet to a point for a corner of this
easement;
THENCE South 66°04'45" West, along said contour elevation 2250,
MSL, NGVD 1929, 41.74 feet to the point of beginning.
CONTAINING 0.05 acres.
NOTE: BEARINGS ARE BASED ON LAMBERT GRID
TEXAS NORTH CENTRAL ZONE
A =-1°58140"
DISTANCES ARE ACTUAL SURFACE DISTANCES.
NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS
AS FURNISHED BY WILLIAMS & STACKHOUSE, INC.
CERTIFIED CORRECT
REGISTERE PROFESSIONAL LAND SURVEYOR
PAGE 1 OF 1