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Home My WebLink AboutResolution - 2009-R0125 - Right Of Way - 4Th St Improvements - Field Land & Cattle LTD, Quick Quack LTD - 04/09/2009Resolution No. 2009-RO125 April 9, 2009 Item No. 5.20 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 the Slide Road Paving Improvements from 4TH Street to North Loop 289 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 owners of said tract, being Field Land & Cattle, Ltd., a Texas limited partnership, as to an undivided '/z interest; and Quick Quack, Ltd., #4 on Georgia, a Texas limited partnership, as to an undivided 12 interest BE offered through the Right -of -Way Department of the City of Lubbock the amount of $467,500.00, 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 ATTEST: Rebec a Garza, City Secretary 9th day of Aril , 2009. e TOM MARTIN, MAYOR APPROVED AS TO CONTENT:rA rapt /' Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: ity Attorney gs/ccdoes/Fields land&Cattle.M-fres 01/15/09 SLIDE ROAD PROJECT Parcel No. M-3 1 Resolution No. 2009—RO125 METES AND BOUNDS DESCRIPTION of a portion of Tract "M-3", Whisperwood, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 5789, Page 132, Real Property Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found in the West right-of-way line of Slide Road, which is the Southeast comer of said 'Tract "M-3" and the Northeast corner of said Tract "M4", Whisperwood an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 5789, Page 132, Real Property Records of Lubbock County, Texas; THENCE N. 88006'22" W., along the South line of said Tract "M-3" and the South line of said Tract "M4", a distance of 31.55 feet to 1/2" iron rod with cap set for the Southwest corner of this tract; THENCE Northwesterly, along a curve to the left, said curve having a radius of 753.49 feet, a central angle of 30°36'38", a chord bearing of N. 1945'20" W., a chord distance of 397.78 feet and an are length of 402.55 feet to 1/2" iron rod with cap set for a point of tangency; THENCE N. 35003'39" W. a distance of 8.21 feet to a l/2" iron rod with cap set for a point of intersection; THENCE N. 80°05'37" W. a distance of 56.54 feet to a 1/2" iron rod with cap set for a point of intersection-, THENCE S. 5452'25" W. a distance of 111.48 feet to a 1/2" iron rod with cap set in the West line of said Tract "M-3" and the East line of Tract "M-2", Whisperwood an addition to the City of Lubbock, Lubbock County, Texas, according to the reap, plat and/or dedication deed thereof recorded in Volume 5789, Page 132, Real Property Records of Lubbock County, Texas for a corner of this tract; THENCE N. 35005'48" W., along the West line of said Tract "M-3" and the East line of said Tract "M-2", a distance of 9.05 feet to a 1/2" iron rod with cap found in the Southeast right-of-way line of Loop 289 at the Northeast corner of said Tract "M-2" and the Northwest comer of said Tract "M-3"; THENCE N. 54052'25" E., along the North line of said Tract "M-3" and said Southeast right-of-way line, a distance of 170.25 feet to a 1/2" iron rod with cap found at a point of intersection; THENCE Southeasterly, continuing along the North line of said Tract "M-3" and said Southeast right-of-way line along a curve to the right, said curve having a radius of 30.00 feet, a central angle of 89°23'30", a chord bearing of S. 8011'07" E., a chord distance of 42.20 feet and an arc length of 47.14 feet to 1/2" iron rod with cap found in the East line of said Tract "M-3" and the West right-of-way line of Slide Road at a point of intersection; THENCE S. 35008'30" E., along the East line of said Tract "M-3" and said West right-of-way line, a distance of 198.57 feet to a 1/2" iron rod with cap found at a point of curvature; THENCE Southeasterly, continuing along the East line of said Tract "M-3" and said West right-of-way line around a curve to the right, said curve having a radius of 179.55 feet, a central angle of 3659'18", a chord bearing of S. 16038'51" E., a chord distance of 113.91 feet and an are length of 115.91 feet to 1/2" iron rod with cap found at a point of tangency; THENCE S. 01050'49" W., continuing along the East line of said Tract "M-3" and said West right-of-way line, a distance of 154.46 feet to the Point of Beginning. Bearings are relative to the Texas Coordinate System of 1983, Cors 96, Epoch 2002.0 Contains: 27,827 sq. ft. - 0.639 of an acre. Surveyed on the ground. OF T December 18, 2008 Gs 7COD 'F `" f EXHIBIT Robert A. Christopher Registered Professional land Surveyor No. 5167 Licensed State Land Surveyor a J AND ASSOCIATES, INC. State of Texas 11601NGINEERS NRS LUBBOCK, TCIVIL EEXAS 9401 06 763-5642 FAX : 806 763-3891 A plat of even survey date herewith accompanies this legal description . Copyright GFN zoos, Hugo Reed and nssandieni. d in for the sok use own he eon p y p g P for GP #and any other identifiers as indicted in � cciaficete shown hereon. SLIDE ROAD PROJECT Parcel No. M-3 T/RAQC�TQW -2}" fkYAMm�oA1 db! 5789, P� ,� a g TRACT `M-1" !?�/SP�R,WpOD 56,54) 1-07-E Resolution No. 2009-RO125 Z( TRACT iN-,3" WHI,5PER'W40D Rwtaor y 62 9,30 -V fl. — /. 445 ares TRACT 'ibf- 4" �Yf�/SP�i4y!/+�UD SCALE: 1 "-60' g - FOUND 112" IRON ROD WITH CAP o - SET 112" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat. Na 9 z NM'06'&W 31.55' ®® FUC0 FILdtU AND ASSOCIATES. INC. LANG SURVEYORS CIVIL ENGINEERS 1601 AVENUE N LUBBOCK, TEXAS 79401 Copyright 2008, Hugo Reed and Associates, Inc. for the sok use of Title Co. for OF k and any other identifiers as indicated in the certificate shown hereon.