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Home My WebLink AboutResolution - 2002-R0301 - Acquisition Of Land - Heron Land Company - 08/29/2002Resolution No. 2002-RO301 August 29, 2002 Item No. 28 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 McAllister Park Milwaukee Avenue Land Conversion Project 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 tracts of land further described in Exhibit "A" and Exhibit "B" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tracts, being Heron Land Company BE offered through the Right -of -Way Department of the City of Lubbock the amount of $60,016.00 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 29th day of August , 2002. Marc McDoug , MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agenf APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs\ccdocs\Heron Land Co. res August 7, 2002 MI77" URVEY/NG -41 X106 Avenue T Lubbock, TX 79412 EXHIBIT "A" 5.820 ACRE TRACT . SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS Phone & Fax: (806) 765-9543 Email: smithsur@nts-onlinc.net Resolution No. 2002-RO301 METES AND BOUNDS DESCRIPTION OF A 5.820 ACRE TRACT OF LAND IN SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT 25.4579 ACRE TRACT DESCRIBED IN VOLUME 5233 PAGE 120 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DE- SCRIBED AS FOLLOWS: BEGINNING AT A ''/z" IRON ROD WITH CAP FOUND IN THE NORTH LINE OF SAID 25.4579 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS TRACT FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 36 IS CALLED TO BEAR S 0006'28" W A DISTANCE OF 2899.85 FEET AND S 890,53'48" E A DIS- TANCE OF 1141.25 FEET: THENCE S 0006'28" W, ALONG THE WEST LINE OF LOTS 7 THRU 9 OF THE HERON DEVELOPMENT AD- DITION TO THE CITY OF LUBBOCK AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME 6545 PAGE 327 OF SAID RECORDS, A DISTANCE OF 497.10 FEET TO A W' IRON ROD WITH CAP SET FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE N 89054'55" `3J A DISTANCE OF 509.71 FEET TO A '/2" IRON ROD WITH CAP SET IN THE WEST LINE OF SAID 25.4579 ACRE TRACT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N 0002'26" E, ALONG SAID WEST LINE, A DISTANCE OF 497.10 FEET TO A ''/2" IRON ROD WITH CAP FOUND AT THE NORTHWEST CORNER OF SAID 25.4579 ACRE TRACT FOR THE NORTHWEST COR- NER OF THIS TRACT; THENCE S 89054'55" E, ALONG THE NORTH LINE OF SAID 25.4579 ACRE TRACT, A DISTANCE OF 510.30 FEET TO THE PLACE OF BEGINNING. I, ROBERT L. SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEYED: AUGUST 1, 2002 , ROBERT L. SMITH R.P.L.S. 3906 SURVEYORS REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BF. DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 3 ATTACHMENT 3 FOUND MONUMENTS ARE ACCEPTED BY THIS SU OS CONTROLLING EVIDET1 SUBSTANTIAL AGREEMENT WITH RECOR_ _,wiviENTS. BEARINGS RELATIVE TO THE WEST LINE OF THAT PLAT RECORDED IN VOLUME 6545, PAGE 327. MI7714 URVEYtNG i� '�06 :Avenue T 1-uhbock, TX 79112 EXHIBI. "B" 1.000 ACRE TRACT SECTION 36, BLOCK AK LUBBOCK COUNTY, TEXAS Phone & Fax: (506) 76.5=9,5•+3 Email: smithsur@nts-onlinc.net Resolution No. 2002-RO301 METES AND BOUNDS DESCRIPTION OF A 1.000 ACRE TRACT OF LAND IN SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT 25.4579 ACRE TRACT DESCRIBED IN VOLUME 5233 PAGE 120 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DE- SCRIBED AS FOLLOWS: BEGINNING AT A %" IRON ROD WITH CAP SET FOR THE NORTHEAST CORNER OF THIS TRACT AT THE SOUTHEAST CORNER OF A 5.820 ACRE TRACT IN THE.WEST LINE OF LOT 9 OF THE HERON DEVELOP- MENT ADDITION TO THE CITY OF LUBBOCK AS SHOWN ON THE PLAT THEREOF RECORDED IN VOL- UME 6545 PAGE 327 OF SAID RECORDS FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 36 IS CALLED TO BEAR S 0006'28" W A DISTANCE: OF 2402.75 FEET AND S 89053'48" E A DISTANCE OF 1141.25 FEET; THENCE S 0006'28" W, ALONG THE WEST LINE OF SAID LOT 9, A DISTANCE OF 85.50 FEET TO A %" IRON ROD WITH CAP SET FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE N 89054'55" W A DISTANCE OF 509.61 FEET TO A %" IRON ROD WITH CAP SET IN THE WEST LINE OF SAID 25.4579 ACRE TRACT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N 0002'26" E, ALONG SAID WEST LINE, A DISTANCE OF 85.50 FEET TO A '/" IRON ROD WITH CAP SET AT THE SOUTHWEST CORNER OF SAID 5.820 ACRE TRACT FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE S 89°54'55" E, ALONG THE SOUTH LINE OF SAID 5.820 ACRE TRACT, A DISTANCE OF 509.71 FEET TO THE PLACE OF BEGINNING. I, ROBERT L. SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE. PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEYORS REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS THE _ 4 BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. FOUND MONUMENTS ARE ACCEPTED BY THP 'YOR AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RE _)OCUMENTS. BEARINGS RELATIVE TO THE WEST LINE OF THAT PLAT RECORDED IN VOLUME 6545, PAGE 327. SURVEYED: AUGUST 1, 2002 ROBERT L. SMITH R.P.L.S. 3906 SURVEYORS REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS THE _ 4 BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. FOUND MONUMENTS ARE ACCEPTED BY THP 'YOR AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RE _)OCUMENTS. BEARINGS RELATIVE TO THE WEST LINE OF THAT PLAT RECORDED IN VOLUME 6545, PAGE 327.