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HomeMy WebLinkAboutResolution - 2001-R0028 - Land Acquisition - Milwaukee Ave. - 02/08/2001Resolution No. 2001-R 0028 February 8, 2001 Item No. 20 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 a Street to 3e 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 and slope easement 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 owners of said tracts, being J.R. Austin and wife, Sandra Austin, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $3,000.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes and slope easement 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 and slope easement. Passed by the City Council this 8th day of February , 2001. r 0VA]0k;;0 I WINDY SITTYN, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Aj6nt APPROVED AS TO FORM: Linda Chamales Supervising Attorney gs/ccdocs/MilwaukeeAve-JR&Sandra Austin.res January 18, 2001 :4 Resolution No. 2001-R0028 February 8, 2001 Item No. 20 County: Lubbock Highway No: Milwaukee Avenue j Parcel No: 05 Grantor: J.R. Austin EXHIBIT "A" Being 0.02 acres of land out of a 8.3427 acre (deed call) tract of land located in Section 10, Block JS, E. L. & R. R. R.R. Co. Survey, Lubbock County, Texas, said tract of land was conveyed by partition deed dated November 04, 1983 by A.L. Wilson, Jr., Douglas Corley and J.R. Austin to J.R. Austin and recorded in Volume 1865, Page 45 of the Real Property Records of Lubbock County, Texas, which said 0.02 acres is more particularly described as follows; ' BEGINNING at a 5/8" iron rod, found in the existing West line of Milwaukee Avenue for the most Easterly and beginning corner of this parcel, whence the Southeast corner of said Section 10, Block JS; bears South 87°38'38" East, 50.48 feet and South 02°21'22" West, 346.32 feet; (1) THENCE North 55°50'30" West, 42.78 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 05°13'03" East, along the proposed West Right -of -Way line of said Milwaukee Avenue, 38.77 feet to a'/2" iron rod with cap, set for the Northwest corner of this parcel; (3) THENCE South 26°58'20" East, 70.28 feet to the Point of Beginning, of which contains an area of 0.02 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. l 33,625 PAR5.DOC ♦ HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 70th St., Suite 202 - Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-1646 ' :'i A plat of even survey date herewith accompanies this legal description SURVEYED ON THE GROUND ULY, 2000 ®. R�ieworvg.. REGISTERED PR ESSIONAL LAND SURVEYOR --r%& 4239 I 33,625 PAR5.DOC HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 70th St., Suite 202 - Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-1646 Resolution No. 2001—R0028 February 8, 2001 Item No. 20 County: Lubbock Highway No: Milwaukee Avenue Easement No: 05E Grantor: J.R. Austin EXHIBIT�' Being 0.05 acres of land out of a 8.3427 acre (deed call) tract of land located in Section 10, Block JS, E. L. & R. R. R.R. Co. Survey;, Lubbock County, Texas, said tract of land was conveyed by partition deed dated November 04, 1983 by A.L. Wilson, Jr., Douglas Corley and J.R. Austin to J.R. Austin and recorded in Volume 1865, Page 45 of the Real Property Records of Lubbock County, Texas, which said 0.05 acres is more particularly described as follows; BEGINNING at a %2" iron rad with cap, set in the proposed West line of Milwaukee Avenue for the Southeast and beginning corner of this easement, whence the Southeast corner of said Section 10, Block JS, bears. South 87°38'38" East, 86.84 feet and South 02021'22" West, 368.86 feet; (1) THENCE North 55°50'30" West, 42.36 feet, to a 1/2" iron rod with cap, set for the Southwest corner of this easement; (2) THENCE North 03°36'55" East, 80.78 feet to a I/2" iron rod with cap, set for the Northwest corner of this easement; (3) THENCE South 26°58'20" East,, 73.83 feet to a 1/2" iron rod with cap, set in the proposed West line of said Milwaukee Avenue for the Northeast corner of this easement; (4) THENCE South 05°13'03" West, along the proposed West line of said Milwaukee Avenue 38.77 feet to the Point of Beginning, of which contains an area of 0.05 acres. 33,625 PAR5E.DOC HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 70th St., Suite 202 - Lubbock, Texas 79413 (806) 788-0020 - Fax(806)70-1646 I", 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 SEPTEMBER, 2000® a • ,. • .,�GyA�pyRoY D. VALSON REGISTERED P SSIONAL LAND SURVEYOR ........... � '°•® 4239 REVISED: 11-14-00 33,625 PAR5E.DOC 04 HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 70th St., Suite 202 • Lubbock, Texas 79413 (806)788-0020 Fax(806)792-1646