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HomeMy WebLinkAboutResolution - 2002-R0299 - Water Storage And Drainage Easement Acquisition - 08/29/2002Resolution No. 2002—RO299 August 29, 2002 Item No. 26 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 98t' Street widening project from Indiana Avenue to University Avenue 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 storm water storage and drainage easement 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 Terry S. Key, Individually and as Trustee; Roger A. Key, Individually and as Trustee; Charles E. Key, a/k/a Charles Ellis Key, Individually and as Trustee; Howard W. Key; Mary Ellis Key, f/k/a Mary Ellis Maedgen; and Terry S. Key, Trustee of the Lauren Elise Key Trust; BE offered through the Right -of -Way Department of the City of Lubbock the amount of $58,700.00 which is the amount appraised as the value and total damages for the storm water storage and drainage easement 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 storm water storage and drainage easement. Passed by the City Council this 29th day of August , 2002. F.11110 -W Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Aofit APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs\ccdocs\Key & Maedgen Trust. res July 23, 2002 County: Account No. CSJ: Highway No. Parcel: Grantor: EXHIBIT "A" Lubbock 6 -DE Terry S. Key, et al Resolution No. 2002-R0299 Page 1 of 2 November 16, 1999 Revised: May 07, 2002 Legal Land Description for Parcel 6 -DE BEING 35,805 square feet of land situated in Section 19, Block E-2, City of Lubbock, Lubbock County, Texas, and being part of a tract of land as described in a deed to Terry S. Key, et al, as recorded in Volume 4076, Page 028 of the Deed Records of Lubbock County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at an one-half inch iron rod (a controlling monument) found with a cap marked Hugo Reed on the west line of said Key tract, from which a "X" cut marked #54 found for the northwest corner of Section 19, Block E-2 bears North 57 degrees 57 minutes 34 seconds West, a distance of 110.07 feet; THENCE, North 01 degrees 44 minutes 25 seconds East, along the west line of said Key tract and the existing east right-of-way line of Indiana Avenue as recorded in Volume 4857, Page 210 of said Deed Records, a distance of 219.78 feet to a one-half inch iron rod (a controlling monument) found with cap marked Hugo Reed, and being on a non - tangent curve to the right; Thence, Northeast, continuing along the west line of said Key tract and said existing east right-of-way line of Indiana Avenue and along said non -tangent curve to the right having a radius of 30.00 feet, a central angle of 89 degrees 52 minutes 41 seconds and an arc length of 47.06 feet, the chord of said non -tangent curve bears North 46 degrees 43 minutes 36 seconds East having a distance of 42.38 feet to a one-half inch iron rod (a controlling monument) found with cap marked Hugo Reed on the existing south right-of- way line of 98th Street, for the POINT OF BEGINNING; 1. THENCE, South 88 degrees 14 minutes 35 seconds East, along the existing south right-of-way line of 98th Street, a distance of 719.99 feet to a one-half inch steel rebar with yellow cap marked AZB, set for the northeast corner of said Key tract and the northwest corner of that certain tract of land as described in a deed to All Saints Episcopal School of Lubbock as recorded in Volume 1892, Page 171, of said Deed Records; 2. THENCE, South 01 degrees 41 minutes 34 seconds West, along the common east line of said Key tract and the west line of said All Saints Episcopal tract, a distance of 49.93 feet to a one-half inch steel rebar with yellow cap marked AZB, set for comer on the proposed drainage easement; 3 EXHIBIT "A" County: Lubbock Account No. CSJ: Highway No. Parcel: 6 -DE Grantor: Terry S. Key, et al Page 2 of 2 November 16, 1999 Revised: May 07, 2002 3. THENCE, North 88 degrees 12 minutes 46 seconds West, departing the west line of said All Saints Episcopal tract, continuing along said proposed drainage easement, a distance of 719.72 feet to a one-half inch steel rebar with yellow cap marked AZB, set for comer; 4. THENCE, North 01 degrees 23 minutes 04 seconds East, continuing along said proposed drainage easement, a distance of 49.55 feet to the POINT OF BEGINNING and containing 35,805 square feet of land, more or less. A plat of even survey date herewith accompanies this legal description. All bearings are on the NAD 83 Texas State Plane Coordinate System, North Central Zone. Arredondo, Brunz & Associates, Inc. date: �i4 ©� 2© C 71 John F. Pierce, R.P.L.S. Registered Professional Land Surveyor Texas Registration No. 2011 4 OF e � ieeeeees....ee.e...°... JOHN F. PIERCE �aoes.e.ee. e......e....