HomeMy WebLinkAboutResolution - 2024-R0235 - Condemnation Of Property, Eminent Domain, Section 2, Block JS, .8215-Acre - 04/23/2024Resolution No. 2024-R0235
Item No. 7.11
Apri123, 2024
RESOLUTION NO. 2024-R0235
A RESOLUTION AUTHORIZING CONDEMNATION OF PROPERTY BY EMINENT
DOMAIN; DETERMINING THE PUBLIC NECESSITY FOR THE PROJECT;
AUTHORIZING THE ACQUISITION OF REAL PROPERTY RIGHTS NECESSARY
FOR THE PROJECT; AUTHORIZING ALL OTHER ACTS TO COMPLETE
CONDEMNATION PROCEEDINGS; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, in order to facilitate the safe and efficient movement of people and goods
within Lubbock, Texas, to control the flow of stormwater within its jurisdiction, to preserve the
financial investment of the public in its roadway infrastructure, and to protect the safety of the
public, the City of Lubbock, Texas (the "City") hereby finds that public convenience and
necessity requires the acquisition of fee simple interest to, or any lesser real property interest in,
all or a portion of the following properties (collectively, the "Property") for the purposes of
laying out, opening, constructing, reconstructing, maintaining, widening, extending, and
operating Milwaukee Avenue in Lubbock County, Texas, including any public utilities or
drainage improvements necessary therefore:
Milwaukee Four North South- 6230 4th Street (Northeast corner of 4th Street and
Milwaukee Avenue), Lubbock, TX 79416
• 0.8215-acre Fee Simple (Exhibit A, attached hereto)
WHEREAS, as provided for in Sections 251.001 and 273.001 of the Texas Local
Government Code, the City finds and determines that the Property is necessary or convenient
for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening,
extending, and operating the hereinabove described Project in Lubbock County, Texas,
including roadway improvements, drainage improvements, utility improvements, public utility
infrastructure improvements, and/or other public uses and purposes related thereto as permitted
by law (hereinafter the "Project"), and it is necessary to acquire fee simple rights in the
Property or a portion thereof. The City fnds and determines that condemnation of the Property,
or a portion thereof, may be required.
WHEREAS, in order to effectuate the Project, it will be necessary and convenient that
the employees, agents, and/or representatives of the City to lay out the Project and acquire the
necessary right of way upon, over, under and across the Property for the purpose of
construction, reconstruction, operation, and maintenance of roadway and drainage
infrastructure improvements, and appurtenances thereto, and for the use of any excavated
materials from the Property for use in construction of such infrastructure improvements;
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys,
title companies, architects, or other persons or companies to effect the acquisition of the
Property for the Project;
WHEREAS, in order to acquire the Property, it will be or has been necessary for the
City's employees, agents, and/or representatives, to enter upon the Property for the purposes of
surveying and establishing said land titles and to determine adequate compensation for the
Property, to conduct tests, and to negotiate with the owners thereof for the purchase of the land
titles;
WHEREAS, the notice for the public meeting of the City Council of the City in which
this Resolution is considered, in addition to other information as required by Subchapter C,
Chapter 551, of the Texas Government Code, expressly included notice that the City of
Lubbock would consider the use of eminent domain to condemn the Property; and,
WHEREAS, it is necessary to set out procedures for the establishment and approval of
just compensation for Property to be acquired for the Project. NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. THAT in order to promote the public health, safety, and welfare, public convenience
and necessity requires the acquisition of fee simple title to the real property or such lesser
estates or property interests as determined necessary described hereinabove for the purposes of
laying out, opening, constructing, reconstructing, maintaining, widening, extending, and
operating the Project in Lubbock County, Texas, including roadway, utilities, and drainage
improvements, and/or other public uses and purposes as permitted by law.
2. THAT the City's employees, agents, and/or representatives, are hereby authorized to:
a. Lay out the exact location of the land area needed from the Property;
b. Hire such engineers, surveyors, appraisers, title companies, architects, and other
persons or companies needed to effect the laying out of the facilities for the Project, the
establishment and acquisition of the required right-of-way, and the construction of
permanent infrastructure improvements, and appurtenances thereto;
c. Enter upon any property necessary for the purpose of surveying and establishing
the title, in order to determine adequate compensation for the rights being acquired, and
to conduct tests;
d. Negotiate with the owner(s) of any such properties for the purchase thereof;
e. To purchase any necessary easement rights on, over, under and across the
Property, and execute all documents necessary to acquire such Property, all subject to
the City Council's express approval of the specific, negotiated terms of the acquisition;
£ Initiate and pursue eminent domain and/or condemnation proceedings against
the owner(s), lienholders, and any owners of any other interests in the Property to obtain
the necessary title(s) for the Property in the event the owner(s) fail(s) to accept a bona
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fide offer to purchase the Property using legal counsel, including special legal counsel,
to pursue such condemnation; and
g. Take whatever further actions are deemed appropriate to economically effect the
establishment of the Project and appurtenances thereto.
3. THAT all previous acts and proceedings done or initiated by the City's employees,
agents, and/or representatives for the establishment of the Project, including the negotiation for
and/or acquisition of any necessary property rights in the Property are hereby authorized,
ratified, approved, confirmed, and validated.
IT IS THEREFORE ORDERED that the initiation of condemnation proceedings for the
Property is adopted and authorized by a single order for the Property, and this first vote by the
City applies to all of the Property identified.
IT IS FURTHER ORDERED that City staff is hereby authorized to proceed to condemnation
on the Property and to use special legal counsel to , if necessary, and directed to transmit or
cause to be transmitted this request of the City to legal counsel to file or cause to be filed
against all owners, lienholders, and any owners of any other interests in the Property,
proceedings in condemnation to acquire in the name of and on behalf of the City, fee simple
title to the Property or such lesser estates or property interests as determined necessary, save
and except oil, gas, and sulfur, as provided by law.
4. THAT this resolution shall be effective immediately upon adoption.
Passed by the City Council on April 23, 2024
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APPROVED AS TO CONTENT:
.. _...
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO �ORM:
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DESCRIPTION FOR PARCEL 6 DE
METES AND BOUNDS DESCRIPTION of a 0.8215-acre (35783 sq. ft.) parcel located in the Southwest Quarter (SW/4) of
Section 2, Block JS, Lubbock County, Texas, being a portion of that certain 27.422-acre tract conveyed to The Plains National
Bank of Lubbock, described as Exhibit "B" in Sheriffs Deed as recorded in Volume 3768, Page 321, Official Real Property
Records of Lubbock Gounty, Texas (ORPRLCT), and pursuant to Corrected Sheriffs Deed, recorded in Vol. 4188, Pg. 174
(ORPRLCT), said 0.8215-acre tract being further described as follows:
BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC" (N=7,281,791.0', E=916,218.3') found in the East
right-of-way line of Milwaukee Avenue, as granted in Volume 1290, Page 733, Deed Records of Lubbock County, Texas, in the
South line of said 27.422-acre tract, same being the North line of that 8.269-acre tract described in County Clerk File Number
2014038419, Official Public Records of Lubbock County, Texas, at the Southwest corner of this parcel, which bears N.
O1 °50'00" E. a distance of 550.66 feet and S. 88°08'47" E. a distance of 50.00 feet from the Southwest corner of said Section 2,
Block JS;
THENCE N. Ol °50'00" E., along the East right-of-way line of said Milwaukee Avenue, a distance of 832.05 feet to a 1/2" iron
rod with cap marked "HUGO REED & ASSOC" found in the North line of said 27.422-acre tract and the South line of that
109.906-acre tract referred to as Tract 1 conveyed to Shadow Hills Golf Course Ltd in Volume 6547, Page 322, Official Real
Property Records of Lubbock County, Texas, at the Northwest corner of this parcel;
THENCE S. 88°23' 15" E. along the North line of said 27.422-acre tract and the South line of said 109.906-acre tract, a distance
of 29.23 feet to a 1/2" iron rod with cap marked "WILSON" found at a point of curvature;
THENCE Northeasterly, continuing along the North line of said 27.422-acre tract and the South line of said 109.906-acre tract,
along a curve to the left, said curve having a radius of 476.91 feet, a central angle of O 1°39' 17", an arc length of 13.77 feet, a
chord bearing of S. 89°20'S8" E., a chord distance of 13.77 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC"
set for the Northeast corner of this parcel;
THENCE S. O1°51'00" W., crossing said 27.422-acre tract, a distance of 832.43 feet to a 1/2" iron rod with cap marked "HUGO
REED & ASSOC" set in the South line of said 27.422-acre tract and the North line of said 8.269-acre tract for the Southeast
corner of this parcel;
THENCE N. 88°08' 13" W., along the South line of said 27.422-acre tract and the North line of said 8.269-acre tract, a distance
of 43.00 feet to the Point of Beginning.
MILWAUKEE AVE.
4th STREET TO MARSHALL STREET
PARCEL 6 DE
PERIMETER SURVEY OF A
0.8215 ACRE PARCEL LOCATED IN
SECTION 2, BLOCK JS
LUBBOCK COUNTY, TEXAS
6187
HUGO REED
AND ASSOCIATES, INC.
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 10067600 PHONE: 806 / 763-5642
TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891
Bearings are relative to the Texas Coordinate System of 1983,
North Central Zone, NAD 83 (201 l)
--B�stances and coordinates are surface, U.S. Survey feet.
Combined Scale Factor: 1.00023
Robert A. Christopher, Registered Professional Land Surveyo'i �
No.5167 State of Texas 11 / 16/20 3 Copyright 2023, Hugo Reed and Associates, Inc. Page 2 of 2
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