HomeMy WebLinkAboutResolution - 2001-R0048 - Drainage Easement - Milwaukee Ave. - 02/08/2001Resolution No. 2001-R0048
February 22, 2001
Item No. 17
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 4t' Street to 34' 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 drainage easement located on 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 Ron Betenbough and Rick
Betenbough, BE offered through the Right -of -Way Department of the City of Lubbock
the amount of $5,950.00 which is the amount appraised as the value and total damages
for the 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 drainage easement.
Passed by the City Council this 22nd day of February , 2001.
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WINDY S TON, MAY R
ATTEST:
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Rebecca Garza, City Secret
APPROVED AS TO CONTENT:
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Ed Bucy, Right -of -Way Agefit
APPROVED AS TO FORM:
Linda Chamales,
Supervising Attorney/ Office Practice Section
kelccdocs\MilwaukeeAveWidening-4U' - 34 b.Bettenbough.res
February 6, 2001
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County: Lubbock
Highway No: Milwaukee Avenue
Easement No: 08E
Grantor: Ron Betenbough and Rick Betenbough
EXHIBIT "A"
Resolution No. 2001—R0048
Being 0.21 acres of land out of an approximate 134 acre tract of land (deed call) out of the
Southwest Quarter (SW/4) of Section Nine (9), Block J -S, E. L. & R. R. R.R. Co. Survey,
Lubbock County, Texas, said tract of land was conveyed by deed dated April 16, 1996 by
Mohammad Shami, Lina Shami, Ibrahim Shami, Rania Shami, Insherah Shami to Ron
Betenbough and Rick Betenbough and recorded in Volume 5142, Page 178 of the Official
Real Property Records of Lubbock County, Texas, which said 0.21 acres is more
particularly described as follows;
BEGINNING at a 1/2" iron rod with cap, set in the existing East line of Milwaukee Avenue
for the Southwest and beginning corner of this easement, whence the Southwest corner of
said Section 9, Block JS, bears North 851113.'12" West, 55.04 feet and South 02021122"
West, 768.61 feet;
(1) THENCE North 02°21'20" East, along the existing East line of Milwaukee Avenue,
75.07 feet to a 1/2" iron rod with cap, set for the Northwest corner of this easement;
(2) THENCE South 85013'12" East, 126.42 feet to a 1/2" iron rod with cap, set for
the Northeast corner of this easement;
(3) THENCE South 04°46'48" West, 75.00 feet to a 1/2" iron rod with cap, set for the
Southeast corner of this easement;
(4) THENCE North 85-13'12" West; 123.24 feet to the Point of Beginning, of which
contains an area of 0.21 acres.
33,625
HIGH-TECH LAND & GPS SURVEYORS, INC.
3330 70th St., Suite 202 • Lubbock, Texas 79413
(806)788-0020 • Fax(806)792-1646
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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
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SURVEYED ON THE GROUND SE EMBER, 2000 F , .
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REGISTERED P SSIONAL LAND SURVEYOR #�'A °*WILSON
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REVISED: 11-14-00�
33,625
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HIGH-TECH LAND & GPS SURVEYORS, INC.
3330 70th St., Suite 202 • Lubbock, Texas 79413
(806)788-0020 • Fax(806)792-1646
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