HomeMy WebLinkAboutResolution - 2002-R0021 - Parcel Of Land Acquisition - Phillip Russell - 01/23/2002Resolution No. 2002-R0021
January 23, 2002
Item No. 25
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 a permanent
underground utility easement and working easement in the southwest Lubbock
annexation area, 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 land 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 permanent underground utility easement and working
easement of 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:
OWNER'S NAME
Phillip Russell
AMOUNT
$100,210.00
SECTION 2. THAT the above-described parcel of land whose acquisition is
herein authorized is more particularly described in Exhibits A, B, and C attached to this
Resolution and incorporated herein as part of this Resolution.
SECTION 3. THAT the owner of above-described parcel of land being Phillip
Russell BE offered through the Right -of -Way Department of the City of Lubbock the
amount hereinabove indicated for his respective parcel(s), which is the amount
appraised as the value and total damages for the granting of permanent underground
utility easement and working easement, including all legal obligations attached thereto,
for the use and benefit of the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain) proceedings to
acquire the easement title to any or all such parcel as hereinabove described for public
purposes and municipal purposes.
Passed by the City Council this 23rd day of January , 2002.
VM�DY SITTOY, NIAYW
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way A ent
APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
gs/ccdocs//Phillip Russell.res
January 14, 2002
Resolution No. 2002-ROO21
ExN T
Annexation Phase (2) 4.1.0 Acres
.Metes and Bounds description of a proposed underground utility casement located
Section 17, Block E-2, Lubbock County, Texas, and being more precisely described as
follows;
Beginning at a point which bears South a distance Of 1817.00 feet and West 307.08 feet
from the Northeast corner of Section 17, Block E-2, Lubbock County, Texas;
Thence South 0°02'16" East a distance of 796.01 feet to a point;
Thence North 89°59'05" East a distance of 296.09 feet to a point;
Thence South 0°02'08" East a distance of 30.00 feet to a point;
Thence South 89°58'34" West a distance of 2575.55 feet to a point;
Thence North 0°04'05" West a distance of 30.00 feet to a point;
Thence North 89°5834" East a distance of 2249.49 feet to a point;
Thence North 0°01'48" West a distance of 796.07 feet to a point;
Thence North 89°58'12" East a distance of 30.00 feet to the point of beginning;
Containing 4.10 acres.
Resolution No. 2002—R0021
Annexation Phase (2) Working Easement #1
Metes and Bounds description for a 70.00 foot proposed temporary working easement
located in Section 17, Block G2, Lubbock County, Texas, being further described as
follows:
Beginning at a point which bears South a distance of 1817.00 feet and West a distance of
337.08 feet from the Northeast comer of Section 17;
Thence South 0°01'48" East a distance of 796.07 to a point;
Thence South 89°58'34" West a distance of 2247.59 feet to a point;
Thence North 0°04'05" West a distance of 70.00 feet to a point;
Thence North 89°58'34" East a distance of 2192.59 feet to a point;
Thence North 0°01'48" West a distance of 726.07 feet to a point;
Thence North 89°58'12" East a distance of 70.00 feet to the Point of Beginning:
Containing 7.61 acres.
Resolution No. 2002-80021
C..., It
Annexation Phase (2) Working Easement #2
Metes and Bounds description for a 70.00 foot proposed temporary working easement
located in Section 17, Block E-2, Lubbock County, Texas, being further described as
follows:
Beginning at a point on a 30.00 foot underground utility easement which bears South a
distance of 2613.01 feet and West 306.43 feet from the Northeast corner of Section 17;
Block E-2, Lubbock County, Texas;
Thence North 89°5834" East a distance of 296.09 feet to a point;
Thence North 0°02'08" West a distance of 70.00 feet to a point;
Thence South 89°58'34" West a distance of 296.09 feet to a point;
Thence South 0°02'16" East a distance of 70.00 feet to the Point of Beginning:
Containing 0.48 acres.
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for January 23, 2002
Page 3
BACKGROUND/DISCUSSION:
The City of Lubbock recently annexed several sections of land in Southwest
Lubbock and the Water Utilities Department is in its second phase of installing
sewer lines in this area.
The Water Utilities Department needs a 30 -foot permanent underground utility
easement and two 70 -foot working easements. This permanent utility easement
runs southward along the future right-of-way of Miami Avenue just south of 103rd
Street for 796 feet and then runs east to west along the half -section line between
Memphis Avenue and Quaker Avenue. Total area of the permanent easement is
4.10 acres and the total area of the working easement is 8.09 acres.
Jim Bowman, M.A.I. originally appraised these easements and the damages at
$50,100 which was our original offer to Mr. Russell. Part of this appraisal is for
damages to two irrigation wells and underground pipe. Two mistakes were made
in this appraisal, the first is the wells and pipe were depreciated rather than
valued as the cost to cure the taking. The depreciated amount originally offered
to Mr. Russell for the wells and pipe was $7,160. To replace the pipe alone would
be more than that. The appraiser used a replacement cost of $35,800, which is
$28,640 more than the first offer to replace the wells and the pipe. We agree
with his value and Mr. Moore, Mr. Russell's realtor, feels that this is acceptable.
The second mistake made is that the land value is somewhat undervalued. Mr.
Russell one time had this property on the market for $30,000 per acre but his
realtor and I both agree that is way too much. Somewhere in the $15,000 is
within the market. The property owner on the south said he turned down an offer
of more than $15,000 per acre for his and the land directly across Quaker
Avenue sold for $17,000 per acre. The appraiser used a value of $10,000 per
acre in his original appraisal. The realtor and myself both feel that $15,000 per
acre is closer to the market and recommend it for our revised offer to Mr. Phillip
Russell. Therefore the revised offer for the permanent easement is $15,000 per
acre X 75%(easement vs. fee simple) = $11,250 X 4.10 acres = $46,125. This
is an increase of $15,375 more than our original offer.
Our revised offer to Mr. Russell is $100,210. This includes the revised damage
figure of $35,800, the revised permanent easement amount of $46,125 and the
two temporary working easements containing 8.09 acres at $18,285 using the
revised $15,000 per acre figure. By revising our offer to Mr. Russell, the City is
avoiding a very likely time sensitive condemnation case.
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for January 23, 2002
Page 4
Mr. Moore, Mr. Russell's real estate agent has indicated that this is a workable
offer. Just in case, I have added wordage to the resolution authorizing the City to
institute condemnation proceeding to acquire these easements if the offer is
refused.
SUMMARY/RECOMMENDATION:
The Right -of -Way Department recommends the approval of this revised offer to
Phillip Russell
Ed Bucy
Right of Way Agent