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HomeMy WebLinkAboutResolution - 2001-R0011 - Land Acquisition For Public Purposes - Willaim And Frances Mcmillan - 01/25/2001Resolution No. 2001-R0011 January 25, 2001 Item No. 27 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 Milwaukee Avenue widening project from 4t' Street to 34' Street and 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 lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tract of land further described in Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being William G. McMillan, Jr., Individually and as Trustee of the Frances G. McMillan Estate Trust, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $40,000.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate 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 fee simple title. Passed by the City Council this 25th day of January , 2001. aw WINDY SITTO , MAYOR ATTEST: Becky Garza, Interim City Secretary APPROVED AS TO CONTENT: � 2 Ed Bucy, Right -toff -Way gent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs\ccdocs\W ideningProj-WmGMcMillanJr. December 20,2000 i County: Highway No: Parcel No: Grantor: Lubbock Milwaukee Avenue 07 EXHIBIT "A" Resolution No. 2001-80011 January 25, 2001 Item No. 27 W.G. McMillan Being 2.40 acres of land out of a 153.62 acre tract of land located in Section 43, Block AK, Lubbock County, Texas, said tract of land was conveyed by deed dated March 04, 1971 by Ira Jenkins and wife, Johnnie V. Jenkins to Frances G. McMillan, a widow, and W.G. McMillan, Jr. and recorded in Volume 1259, Page 43 f of the Deed Records of Lubbock County, Texas, which said, 2.40 acres is more particularly described as follows; BEGINNING at a railroad spike set in Milwaukee Avenue for the Southeast and beginning corner of this parcel, whence the Southeast corner of said Section 43, Block AK, bears South 02'20'14" West,, 791.90 feet; (1) THENCE North 87'40'16" West, 52.45 feet to a %2" iron rod with cap, set in the proposed West Right -of -Way line of said Milwaukee Avenue for the Southwest corner of this parcel; (2) THENCE North 02'20'14" East, along the proposed West Right -of -Way line of said Milwaukee Avenue, 1336.71 feet, to a '/2" iron rod with cap, set for a corner of this parcel; (3) THENCE Northeasterly, along the arc of a curve to the left and the proposed West Right -of -Way line of said Milwaukee Avenue, an arc distance of 101.98 feet to a '/2" iron rod with cap, set for a corner of this parcel, said curve has a radius of 1445.00 feet and a chord that bears North 00°18'55" East, 101.96 feet; (4) THENCE North 01°42'23" West, along the proposed West Right -of -Way line of said Milwaukee Avenue, 298.95 feet to a %2" iron rod with cap, set for a corner of this parcel; 1 33,625 PAR7.DOC HIGH-TECH LAND & GPS SURVEYORS, INC. 1 3330 70th St., Suite 202 - Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-1646 (5) THENCE Northwesterly, along the arc of a curve to the right and the proposed West Right -of -Way line of said Milwaukee Avenue, an arc distance of 87.62 feet to a '/2" iron rod with cap, set for a corner of this parcel, said curve has a radius of 1555.00 feet and a chord that bears North 00°05'32" West, 87.60 feet; (6) THENCE Northwesterly, along the arc of a curve to the left and the proposed West Right -of -Way line of said Milwaukee Avenue, an arc distance of 31.26 feet to a %2" iron rod with cap, set for a corner of this parcel, said. curve has a radius of 20.00 feet and a chord that bears North 43°15'08" West, 28.17 feet; (7) THENCE North 01058'25" East, along the proposed West Right -of -Way line of said Milwaukee Avenue, 5.00 feet to a '/2 iron rod with cap, set in the existing South line of 26`h Street for the North)vest corner of this parcel; (8) THENCE South 87°34'57" East, along the existing South line of said 26`h Street, 101.00 feet to a railroad spike, set in the East line of said Section 43, Block AK for the Northeast corner of this .parcel; (9) THENCE South 02'20'14" West, along the East line of said Section 43, Block AK, 1848.92 feet to the Point of Beginning, of which contains an area of 2.40 acres. Bearings are grid bearings based on Interstate 27 control points as established by TXDOT from Lambert Grid System, NAD 27, Texas North Central Zone. A plat of even survey date herewith accompanies this legal description SURVEYED ON THE GROUND JULY, 2000�k ;tib a .. ...3S . . 42�v 4 REGISTERED P FESSIONAL LAND SURVEYOR C-) 7 .* HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 70th St., Suite 202 - Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-1646 2 PAR7.DOC