HomeMy WebLinkAboutResolution - 6578 - Right Of Way Offer - Stanton Family - E-W Freeway Railroad Relocation - 10_28_1999Resolution No. 6578
Oct. 28, 1999
Item No. 18
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 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-40 Jewell Stanton, Individually and as Trustee of the $78,000
M. T. Stanton Trust, created under the last will and
testament of M. T. Stanton, deceased, and Jay H.
Stanton and wife, Pat Stanton
SECTION 2. THAT the above -described parcel 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for the above described property are hereby rescinded and revoked.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 owner of the above -described parcel of land being Jewell
Stanton, Individually and as Trustee of the M. T. Stanton Trust, created under the last
will and testament of M. T. Stanton, deceased, and Jay H. Stanton and wife, Pat Stanton
BE offered through the Right -of -Way Department of the City of Lubbock the amount'of
$ 78,000 indicated for this parcel, 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, 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 to any or all such parcels as hereinabove
described for public purposes and municipal purposes.
Passed by the City Council this 28th day of October , 1999.
6X4.�
wiNDY sit4ON, MAYOR
A EST:
Ka Darnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs/ccdces/F-ast-West Freeway RR—Stanton.res
October 14, 1999
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WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS ,@ NEW MEXICO • ARIZONA • NEVADA • UTAH
Resolution No. 6578
Oct. 28, 1999
Item No. 18
County:
Lubbock
Account No:
8005-1-20
CSJ No:
0380-01-053
Highway No:
U.S. 82 (Railroad Relocation)
Parcel No:
1RR40
Grantor:
Jewell Stanton, Individually and as Trustee of the M.T. Stanton Trust,
created under the Last Will and Testament of M.T. Stanton, deceased, and
Jay H. Stanton et ux Pat Stanton
M►"416, 11 -A d ViN
Being 2.48 hectares (6.14 acres) of land out of the West 315 acres (Deed Call), of Section 29,
Block JS, E.L. & R.R. RR. Co. Survey, Lubbock County, Texas, said 315 acres of land was
conveyed by deed dated October 19, 1970 by Glyn Stanton Kirby to Jay Hardy Stanton and
recorded in Volume 1248, Page 485, by deed dated July 20, 1983 by Glyn Stanton Kirby to
Tommy Joe Stanton and Jay Hardy Stanton and recorded in Volume 1846, Page 249, by deed
dated January 3, 1985 by Glyn Stanton Kirby to Tommy Joe Stanton and Jay Hardy Stanton and
recorded in Volume 1938, Page 118, by deed dated December 21, 1988 by Jewell Stanton to Jay
Hardy Stanton and recorded in Volume 2980, Page 37, by deed dated December 22, 1992 by
Jewell Stanton to Jay H. Stanton and recorded in Volume 4065, Page 245, by deed dated January
4, 1993 by Jewell Stanton to Jay H. Stanton and recorded in Volume 4077, Page 125, by deed
dated May 24, 1993 by Jewell Stanton to Jay Hardy Stanton and recorded in Volume 4207, Page
337, 'by deed dated December 19, 1994 by Darlene Dodd Stanton to Tommy Joe Stanton 'and
recorded in Volume 4779, Page 212, all in the Deed Records of Lubbock County, Texas, which
said 2.48 hectares (6.14 acres) is more particularly described as follows;
BEGINNING at a V2" Iron Rod with Cap, set in the West line of said Section 29, Block JS and
in the proposed North Railroad Right -of -Way line, for the Northwest and beginning corner of
this parcel, whence the Northwest corner of said Section 29, Block JS, bears North 01°4931"
East, 810.651 meters (2659.61 feet) ;
(1) : THENCE South 87029'21" East, along the proposed North Railroad Right -of -Way line,
a distance of 815.677 meters (2676.10 feet) to a'/z" Iron Rod with Cap, set in the East line of the
West 315 acres of said Section-29, Block JS, and in the proposed North Railroad Right -of -Way
line for the Northeast corner of this parcel;
PAR1RR40.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
(2) THENCE South 01 °4947" West, along the East line of the West 315 acres of said
Section 29, Block JS, a distance of 30.483 meters (100.01 feet), to a '/2" Iron Rod with Cap, set
in the East line of the West `/s of said Section 29, Block JS, for the Southeast corner of this
parcel;
(3) THENCE North 87029121" West, along the proposed South Railroad Right -of -Way line,
a distance of 815.674 meters (2676.09 feet), to a '/2" Iron Rod with Cap, set in the West line of
said Section 29, Block JS and in the proposed South Railroad Right -of -Way line, for the
Southwest corner of this parcel;
(4) THENCE North 01049'31" East, along the West line of said Section 29, Block JS, a
distance of 30.483 meters (100.01) 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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4 �GARY D. MLSON
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REGISTERED P FESSIONAL LAND SURVEYOR 's �azss
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Note: English units are provided for information only.
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PAR1RR40.DOC
(806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413