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HomeMy WebLinkAboutResolution - 2002-R0172 - Sewer Line Easement Acquistion - Skibell - 05/09/2002Resolution No. 2002-80172 May 9, 2002 Item No. 29 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: two sanitary sewer line easements and working easements 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 sanitary sewer line easements and working easements of 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: OWNER'S NAME AMOUNT $ 5,152.00 WEST JOINT VENTURE, a Texas joint venture consisting of CHARLES SKIBELL; NORMA ELAINE SKIBELL, Individually and as Independent Executrix of the Estate of Albert Skibell, Deceased, and as Trustee of those certain testamentary trusts created under the Last Will and Testament of Albert Skibell, and identified therein as The Albert Skibell Marital Trust and The Albert Skibell Estate Trust; RICHARD B. SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and identified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; IRVIN SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and identified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; DAVID L. SKIBELL; BERNARD F. SKIBELL; AARON WECHTER; EDWARD LUSKEY; JACK ROSEN; ALLAN ROSEN, all acting as joint ventures; and BERNARD F. SKIBELL, Individually RICHARD B. SKIBELL, Individually DAVID L. SKIBELL, Individually IRVIN SKIBELL, Individually SECTION 2. THAT the above-described parcels of land whose acquisition is herein authorized is more particularly described in Exhibits A, B, C & D attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of above-described parcel of land being WEST JOINT VENTURE, a Texas joint venture consisting of CHARLES SKIBELL; NORMA ELAINE SKIBELL, Individually and as Independent Executrix of the Estate of Albert Skibell, Deceased, and as Trustee of those certain testamentary trusts created under the Last Will and Testament of Albert Skibell, and identified therein as The Albert Skibell Marital Trust and The Albert Skibell Estate Trust; RICHARD B. SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and identified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; IRVIN SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and indentified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; DAVID L. SKIBELL; BERNARD F. SKIBELL; AARON WECHTER; EDWARD LUSKEY; JACK ROSEN; ALLAN ROSEN, all acting as joint ventures; and BERNARD F. SKIBELL, Individually RICHARD B. SKIBELL, Individually DAVID L. SKIBELL, Individually IRVIN SKIBELL, Individually BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of two sanitary sewer line easements and working easements, 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 9th ATTEST: Rebecca Garza, City Secretary day of may , 2002. IIJA 4WINDdYSil ON, MAYOR APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/ccdocs/West Joint Venture. res April 23, 2002 t Resolution No. 2002-RO172 EXHIBIT A ALTERNATE C - SEC. 27 BLK AK Metes and bounds description for a 20.0 foot sewer easement located in Section 27, Block AK, Lubbock County, Texas, being further described as follows; Beginning at a point which bears South 65.0 feet and West 3324.86 feet from the Northeast corner of Section 27, Block AK, Lubbock County, Texas; Thence West a distance of 20.0 feet to a point; Thence South a distance of 20.0 feet to a point; Thence East a distance of 20.0 feet to a point; Thence North a distance of 20.0 feet to the point of beginning; Containing 400 Sq. Ft. EXHIBIT B Resolution No. 2002-RO172 ALTERNATE C - SEC. 27 BLK AK temporary working Metes and bounds description for a 70.0 foot _. easement located in Section 27, Block AK, Lubbock County, Texas. being further described as follows; Beginning at a point which bears South 85.0 feet and West 3324.86 feet from the Northeast corner of Section 27, Block AK, Lubbock County, Texas; Thence West a distance of 20.0 feet to a point; Thence South a distance of 70.0 feet to a point; Thence East a distance of 20.0 feet to a point; Thence North a distance of 70.0 feet to the point of beginning; Containing 1400 Sq. Ft. Resolution No. 2002-80172 EXHIBIT C Alternate C Line Extension Metes and bounds description for a 20.0 foot sewer easement located in Section 27, Block AK, Lubbock County, Texas, being further described as follows; Beginning at a point which bears South 85.0 feet and West 3324.86 feet from the Northeast corner of Section 27, Block AK, Lubbock County, Texas; Thence West a distance of 20.0 feet to a point: Thence South a distance of 269.81 feet to a point; Thence East a distance of 20.0 feet to a point; Thence North a distance of 269.81 feet to the point of beginning; Containing 0.124 acres. Resolution N0. 2002—RO172 EXHIBIT D :alternate C line Extension Working Easement Metes and bounds description for a 70.0 foot temporary working easement located in Section 27, Block A.K., Lubbock County, Texas, being further described as follows; Be-innina at a point v.-hich bears South 85.0 feet and Nest 3344.86 feet from the Northeast corner of Section 27, Block AK, Lubbock County, Texas; Thence West a distance of 70.0 feet to a point; Thence South a distance of 269.81 feet to a point; Thence East a distance of 70.0 feet to a point; Thence North a distance of 269.81 feet to the point of beginning; Containing 0.434 acres.