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HomeMy WebLinkAboutResolution - 2001-R0030 - Land Acquisition For 98Th Street Widening Project - 02/08/2001Resolution No. 2001-R0030 February 8, 2001 Item No. 22 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 98`h 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 fee simple title 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 Roy Dean Philpott Estate Trust created in the Last Will and Testament of Roy Dean Philpott, Deceased; and Jackie Philpott a/k/a Jackie Reeves Philpott, Individually and as the Independent Executrix of the Estate of Roy Dean Philpott, Deceased, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $34,757.00 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 8th da Fetwuary , 20 1. 2J_� WINDY SITT N, MAYOR ATTEST: 114Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 4j�2� 6 = - Ed Bucy, Right -of -Way AgentJ APPROVED AS TO FORM: Linda Chamales, Supervising Attorney Gs/ccdocs/Dean Philpott Estate.res Jan. 12, 2001 EXHIBIT A County: Lubbock Account No: CSJ: Highway No: Parcel: 3A Grantor: Roy D. Philpott and wife, Jackie R. Philpott Resolution No. 2001-R0030 February 8, 2001 Item No. 22 Page 1 of 2 November 16, 1999 Revised: November 21, 2000 Revised: January 18, 2000 Legal Land Description for Parcel 3A BEING 0.5319 acres (23,171 square feet) of land, situated in Section 20, Block E-2, City of Lubbock, Lubbock County, Texas, and being part of a tract of land as described in a deed to Roy D. Philpott and wife, Jackie R. Philpott (Philpott tract), being executed on January 22, 1974 as recorded in Volume 1375, Page 209, Deed Records of Lubbock County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a one-half inch iron rod (a controlling monument) found with a yellow cap at the southernmost interior corner of that tract of land described in a deed to Kody Kothmann and Janet Kothmann as recorded in Volume 6693, Page 156 of the Real Property Records of Lubbock County, Texas; THENCE, NORTH 01 degrees 50 minutes 34 seconds EAST, along the east line of said Kothmann tract, a distance of 655.62 feet to an angle point along said east line, same being the southwest corner of that certain tract of land as described in a deed to Chuck Kershner as recorded in Volume 1959, Page 688, of said Deed Records; THENCE, NORTH 01 degrees 41 minutes 34 seconds EAST, along the common east line of said Kothmann tract and the west line of said Kershner tract, at a distance of 262.67 feet pass the southeast corner of the remainder of said Philpott tract, continuing for a total distance of 604.43 feet to a one-half inch steel rebar with cap marked AB&A, set for corner on the proposed south right-of-way line of 98th Street for the POINT OF BEGINNING; 1. THENCE, NORTH 88 degrees 11 minutes 36 seconds WEST, along the proposed south right-of-way line of 98th Street, a distance of 421.29 feet to a one-half inch steel rebar with cap marked AB&A, set for corner on the common line of said Philpott tract and said Kothmann tract; 2. THENCE, NORTH 01 degree 41 minutes 34 seconds EAST, along said common line, a distance of 55.00 feet to a point in the north line of Section 20, Block E-2 and the south line of Section 13, Block E-2; 3. THENCE, SOUTH 88 degrees 11 minutes 36 seconds EAST, along the north line of Section 20, Block E-2, and the south line of Section 13, Block E-2, a distance of 421.29 feet to the northeast corner of said Philpott tract and the northwest corner of said Kershner tract; EXHIBIT A County: Lubbock Account No: CSJ: Highway No: Parcel: 3A Grantor: Roy D. Philpott and wife, Jackie R. Philpott Page 2 of 2 November 16, 1999 Revised: November 21, 2000 Revised: January 18, 2000 4. THENCE, SOUTH 01 degree 41 minutes 34 seconds WEST, along the common east line of said Philpott tract and the west line of said Kershner tract, a distance of 55.00 feet to the POINT OF BEGINNING and containing 0.5319 acres or 23,171 square feet of land, more or less. This description accompanies parcel map of even date herewith. All bearings are based on the Texas State Plane Coordinate System, North Central Zone, and (NAD83). Arredondo, Brunz & Associates, Inc. Texas Registration No. 2011 4 B/e: �,y�4�p00>OD°i3Yn�"� D p DA/J d � 000 g63fmoxce Eeg090p A00D JOHN F. PIERCE OOODOOO DDOp pD F.6C OD9p09p... s John F. Pierce'°em'°= Registered Professional Land Surveyori�.�" Texas Registration No. 2011