HomeMy WebLinkAboutResolution - 6636 - Right Of Way Offer - James And Alice Mcmenamy - E-W Freeway Railroad Relocation - 12_16_1999Resolution No.6636
Dec. 16, 1999
Item No. 23
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 and 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 and permanent
drainage easement to the following described parcels 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
1RR 39 & 39E James T. McMenamy and spouse, $73,400
Alice McMenamy
SECTION 2. THAT the above -described parcels of land whose 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for the above -described property are hereby rescinded and revoked.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 owners of the above -described parcels of land being
James T. McMenamy and spouse, Alice McMenamy BE offered through the Right -of -
Way Department of the City of Lubbock the amount of $73,400 indicated for these
parcels, which is the amount appraised as the value and total damages for the fee simple
title and acquisition of the surface estate of said real estate and permanent drainage
easement 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 fee simple title of the surface estate and the drainage easement to any or all
such parcels as hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 16th day of December 1999.
A ST: . AM
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- (byw, -
kaythfdbarnell, City Secretary -
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agefft
APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
gs/East-West Freeway Railroad-McMenamy, lames T & Alice
ccdocs/October 14, 1999
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO - ARIZONA - NEVADA UTAH
Resolution No. 6636
Dec. 16, 1999
Item No. 23
County: Lubbock
Account No: 8005-1-20
CSJ No: 0380-01-053
Highway No: U.S. 82 (Railroad Relocation)
Parcel No: 1 RR39
Grantor: James McMenamy and wife, Alice Hamilton McMenamy
EXHIBIT "A"
Being 2.49 hectares (6.15 acres) of land out of the East one-half (E/2) of Section 30, Block JS,
E.L. & R.R. RR Co. Survey, Certificate No.1267, Lubbock County, Texas, save and except the
South 120 acres thereof, as recorded in Volume 3901, Page 6, of the Deed Records of Lubbock
County, Texas, said East one-half (E/2) of Section 30, Block JS, was conveyed by deed dated
January 4, 1962 by C.L. Bryan and wife, Betsy G. Bryan, to James McMenamy and wife, Alice
Hamilton McMenamy and recorded in Volume 871, Page 645 of the Deed Records of Lubbock
County, Texas, which said 2.49 hectares (6.15 acres) is more particularly described as follows;
BEGINNING at a'/2" Iron Rod with Cap, set in the East line of said Section 30, Block JS and in
the proposed North Railroad Right -of -Way line, for the Northeast and beginning corner of this
parcel, whence the Northeast corner of said Section 30, Block JS, bears North 01'49131" East,
810.651 meters (2659.61 feet) ;
(1) THENCE South 01049'31" West, along the East line of said Section 30, Block JS, a
distance of 30.483 meters (100.01 feet) to a '/2" Iron Rod with Cap, set in the East line of said
Section 30, Block JS, and in the proposed South Railroad Right -of -Way line for the Southeast
corner of this parcel;
(2) THENCE North 87029'21" West, along the South Railroad Right -of -Way line, a distance
of 816.250 meters (2677.98 feet), to a '/z" Iron Rod with Cap, set in the West line of the East '/Z
of said Section 30, Block JS, for the Southwest corner of this parcel;
PAR1RR39.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°15'22" East, along the West line of the East'/Z of said Section 30,
Block JS, a distance of 30.480 meters, (100.00 feet), to a '/2" Iron Rod with Cap, set in the West
line of the East % of said Section 30, Block JS and in the proposed North Railroad Right -of -Way
line, for the Northwest comer of this parcel;
(4) THENCE South 87129'21" East, along the proposed North Railroad Right -of -Way line,
a distance of 816.021 meters (2677.23) feet to the P.O.B.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND OCTOBER ,1998
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REGISTERED P FE SIONAL LAND SURVEYOR �'.j,'°,;;ss;�••�c rJ
Note: English units are provided for information only.
PAR1RR39.D0C
(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
County:
Lubbock
Account No:
8005-1-20
CSJ No:
0380-01-053
Highway No:
U.S. 82 (Railroad Relocation)
Parcel No:
1RR39(E)
Grantor: James McMenamy and wife, Alice Hamilton McMenamy
EXHIBIT "A"
Drainage Easement
Resolution No. 6636
Dec. 16,1999
Item -No. 23
Being 0.25 hectares (0.62 acres) of land out of the East one-half (E/2) of Section 30, Block JS,
E.L. & R.R. RR Co. Survey, Certificate No.1267, Lubbock County, Texas, save and except the
South 120 acres thereof, as recorded in Volume 3901, Page 6, of the Deed Records of Lubbock
County, Texas, said East one-half (E/2) of Section 30, Block JS, was conveyed by deed dated
January 4, 1962 by C.L. Bryan and wife, Betsy G. Bryan, to James McMenamy and wife, Alice
Hamilton McMenamy and recorded in Volume 871, Page 645 of the Deed Records of Lubbock
County, Texas, which said 0.25 hectares (0.62 acres) is more particularly described as follows;
BEGINNING at a'/2" Iron Rod with Cap, set in the proposed North Railroad Right -of -Way line,
for the Southeast and beginning corner of this parcel, whence the Southeast corner of said
Section 30, Block JS, bears South 87°2921" East, 317.258 meters (1040.87 feet) and South
01°4931" West, 799.565 meters (2623.24 feet) ;
(1) THENCE North 87-29'21" West, along the proposed North Railroad Right -of -Way line, a
distance of 28.685 meters (94.11 feet) to a''/s" Iron Rod with Cap, set for the Southwest corner of
this parcel;
(2) . THENCE North 1903040" East, a distance of 94.939 meters (311.48 feet), to a '/z" Iron
Rod with Cap, set for the Northwest corner of this parcel;
(3) THENCE South 70°29'21" East, a distance of 27.432 meters (90.00 feet), to a '/z" Iron
Rod with Cap, set for the Northeast corner of this parcel;
(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Regisfered Professional Land Surveyors
Global Posifioning Sysfem Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
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(4) THENCE South 19°30'40" West, a distance of 86.551 meters (283.96) feet to the point
of beginning.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND MAY ,1999
• •N
GARY D. WILSON
REGISTERED PRO SS NAL LAND SURVEYOR
23 ��P• ��
Note: English units are provided for information only.
PAR1RR39E.DOC
(806) 792-4731 a Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413
CITY OF LUBBOCK
INTEROFFICE MEMO
TO: Lary Hertel, City Engineer
FROM: Ed Bucy, Right -of -Way Agent
DATE: December 3, 1999
SUBJECT: Agenda Items and Comments for City Council
Meeting on December 16, 1999
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
CONSENT AGENDA
ORDINANCE #
ITEM #/SUBJECT:
# An ordinance abandoning and closing a portion of a garbage collection
easement located in Lot 34, Winghaven Estates, an addition to the City of
Lubbock (6002 Upland Avenue).
BACKGROUND/DISCUSSION:
This was read at the December 9, 1999 City Council Meeting on the Consent
Agenda
SUMMARY/RECOMMENDATION:
The Right -of -Way Department recommends the approval of the second reading
of this ordinance.
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for December 16, 1999
Page 2
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ORDINANCE #
ITEM #!SUBJECT:
An ordinance abandoning and closing a utility easement in Section 9,
Block JS, Lubbock County, Texas (705 Fulton Avenue)
BACKGROUND/DISCUSSION:
This was read at the December 9, 1999 City Council Meeting on the Consent
Agenda
SUMMARY/RECOMMENDATION:
The Right -of -Way Department recommends the approval of the second reading
of this ordinance.
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for December 16, 1999
Page 3
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ORDINANCE #
ITEM #/SUBJECT:
# An ordinance abandoning and closing two drainage easements located in
Section 23, Block E, Lubbock County, Texas (6001 Martin Luther King, Jr.
Boulevard).
BACKGROUND/DISCUSSION:
This was read at the December 9, 1999 City Council Meeting on the Consent
Agenda.
SUMMARY/RECOMMENDATION:
The Right -of -Way Department recommends the approval of the second reading
of this ordinance.
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for December 16, 1999
Page 4
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ORDINANCE #
ITEM #!SUBJECT:
# An ordinance abandoning and closing a 60-foot wide utility easement
located in Section 2, Block E, Lubbock County, Texas (301 50t' Street).
BACKGROUNDIDISCUSSION:
This was read at the December 9, 1999 City Council Meeting on the Consent
Agenda.
SUMMARYIRECOMMENDATION:
The Right -of -Way Department recommends the approval of the second reading
of this ordinance.
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for December 16, 1999
Page 5
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #ISUBJECT:
# Consider a resolution authorizing the Mayor to execute a street -use license
with Southwest Convenience Stores for an underground pipeline (3402 341h
ST.)
BACKGROUND/DISCUSSION:
This street -use license allows Southwest Convenience Stores' (7-11)
environmental service company, Environmental Engineering Geotechnics, Inc. of
Midland, Texas to install in the west right-of-way of University Avenue between
341h street and 35th street an underground pipeline. This pipeline will connect
monitor wells at the 7-11 with a monitor well which has been installed in the west
right-of-way of University just north of 35th street in 1996. This license will be for
twenty years, payable every 5 years in advance and the yearly minimum fee of
$50.00 will be charged.
SUMMARYIRECOMMENDATION:
The Right -of -Way Department recommends the approval of this street use
license.
Lary Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for December 16, 1999
Page 6
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #/SUBJECT:
# Consider a resolution authorizing the Right -of -Way Department to make an
offer to James T. McMenamy and wife, Alice McMenamy for one parcel of
right-of-way and one drainage easement for the East -west Freeway
Railroad Relocation Project. (North of Kent Street between FM 179 and N.
Alcove Avenue, Parcels 1 RR 39 & 1 RR 39(E)).
BACKGROUND/DISCUSSION:
These two parcels of right-of-way were originally on the October 28, 1999 City
Council Agenda. After reviewing additional acreage owned by the McMenamys
and combining them as one farm unit per TXDOT's decision, this property was
reappraised by Jim Bowman M.A.I.
The fee simple parcel contains 6.15 acres of land and was appraised for
$72,643. $8,339 was for the land value and $64,304 was for the damages. The
drainage easement parcel contains 0.62 acres and was appraised for $757.00.
Therefore, our total offer to the McMenamy's is $73,400. This resolution
authorizes the Right -of -Way Department to offer the property owners this
appraisal amount and if refused institute condemnation proceeding to acquire
the property.
SUMMARY/RECOMMENDATION:
The Right -of -Way Department recommends the approval of our offer to the
McMenamys.
Ed Bucy
Right -of Way Agent