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HomeMy WebLinkAboutResolution - 6296 - Right Of Way Offer - James Price - East-West Freeway Railroad Relocation - 05_13_1999Resolution No. 6296 Item No. 19 May 13, 1999 RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has detcrmined 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 use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT IRR-1 (House) James Price $17,000 SECTION 2. THAT the above -described parcel of land whose improvements acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described improvements on Exhibit A being James Price BE offered through the Right -of -Way Department of the City of Lubbock the amount of $17,000 indicated for this parcel, which is the amount appraised as the value and total damages for the acquisition of the improvements on said real estate, 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the improvements on the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of May , 1999. WINDY SIT"N, MAYOR A EST: Ka t Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa Agent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs/ecdocs/East-West Freeway RR— Price, James April 23, 1999 WILSON SURVEYING CO., INC. � Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH County: Lubbock Account No: 8005-01-20 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1 RR 1 Grantor: H. A. Sessions EXHIBIT "A" Being 3.61 hectares (8.92 acres) of land out of all of Tract Ten (10) of the Lowrey Subdivision (also known as Lowery Subdivision) of Sections 35, 36, 37 and 39, Block A-K, and Section 28, Block E-2, Lubbock County, Texas, described by metes and bounds in Volume 1769, Page 389 of the Deed Records of Lubbock County, Texas, said Tract Ten (10) of the Lowrey Subdivision was conveyed by deed dated December 31, 1981 by Lester Shaver to H. A Sessions and recorded in Volume 1769, Page 389 of the Deed Records of Lubbock County, Texas, which said 3.61 hectares (8.92 acres) is more particularly described as follows: BEGINNING at a'/2" Iron Rod with Cap, set in the West line of said Tract Ten (10) of the Lowrey Subdivision and in the proposed East Railroad Right -of -Way line, for the South and beginning corner of this parcel, whence the Northeast corner of Section 35, Block AK, bears South 87°38'25" East, 134.637 meters (441.72 feet) and North 02'22'15" East, 676.703 meters (2220.15 feet); (1) THENCE North 02'29'16" East, along the West line of said Tract Ten (10) of the Lowrey Subdivision, a distance of 113.660 meters (37190 feet) to a'/z" Iron Rod with Cap, set in the West line of said Tract Ten (10) of the Lowrey Subdivision and in the proposed West Railroad Right -of - Way line, for a corner of this parcel; (2) THENCE Northeasterly, along the arc of a curve to the left and the proposed West Railroad Right -of -Way fine, an arc distance of 47.418 meters (155.57 feet) to a '/z" Iron Rod with Cap, set in the proposed West Railroad Right -of -Way line, for a comer of this parcel, said curve has a radius of 372.844 meters (1223.24 feet) and a chord that bears North 06°07'36" East, 47.384 meters (155.46 feet); PAR 1 RR l _DOC (806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413 . WILSON SURVEYING CO., INC. � Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH (3) THENCE North 02°29'00" East, along the proposed West Railroad Right -of -Way line, a distance of 958.247 meters (3143.85 feet) to a 1/2" Iron Rod with Cap, set in the proposed West Railroad Right -of -Way line, for a corner of this parcel; (4) THENCE Northwesterly, along the arc of a curve to the left and the proposed West Railroad Right -of -Way line, an arc distance of 44.278 meters (145.27 feet) to a '/z" Iron Rod with Cap, set in the West line of said Tract Ten (10) of the Lowrey Subdivision and the proposed West Railroad Right -of -Way line, for a corner of this parcel, said curve has a radius of 334.037 meters (1095.92 feet) and a chord that bears North 01 ° 18'51" West, 44.245 meters (145.16 feet); (S) THENCE North 02029' 16" East, along the West line of said Tract Ten (10) of the Lowrey Subdivision, a distance of 108.448 meters (355.80 feet) to a'/z" Iron Rod with Cap, set in the West line of said Tract Ten (10) of the Lowrey Subdivision and the proposed East Railroad Right -of -Way line, for the North corner of this parcel, (6) THENCE Southeasterly, along the arc of a curve to the right and the proposed East Railroad Right -of -Way line, an arc distance of 157.329 meters (516.17 feet) to a'/2" Iron Rod with Cap, set in the proposed East Railroad Right -of -Way line, for a corner of this parcel, said curve has a radius of 364.517 meters (1195,92 feet) and a chord that bears South 09°52'53" East, 156.110 meters (512.17 feet); (7) THENCE South 02°29'00" West, along the proposed East Railroad Right -of -Way Iine, a distance of 958.308 meters (3144.05 feet) to a '/2" Iron Rod with Cap, set in the proposed East Railroad Right -of -Way line, for a corner of this parcel; (8) THENCE Southwesterly, along the arc of a curve to the right and the proposed East Railroad Right -of -Way, an arc distance of 165,607 meters (543.33 feet) to the P.O.B., of which contains an area of 3.61 hectares (8.92 acres), said curve has a radius of 403.324 meters (1323.24 feet) and a chord that bears South 14' 14'47" West, 164.446 meters (539.52 feet). A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND MAY, 1997 ^Y...fi, 0 REGISTERED PR ESSIONAL LAND SURVEYOR Note: English units are provided for information only. ! PAR 1 RR l .DOC 17 (806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413