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HomeMy WebLinkAboutResolution - 2009-R0127 - Right Of Way - 4Th St Improvements - The Location, Location, Location LTD - 04/09/2009Resolution No. 2009-80127 April 9, 2009 Item No. 5.22 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 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 owner of said tract, being The Location, Location, Location, Ltd., a Texas limited partnership, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $5,800.00, 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: Garza, City 9th day of April , 2009. � /isw►' �iA TOM MARTIN, MAYOR APPROVED AS TO CONTENT: cv Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Assistanf City Attorney gs/ccdocs/'The Location, Location, Location, Location.W.res 01/15/09 SLIDE ROAD PROJECT Parcel No. M-2 Resolution No. 2009—RO127 METES AND BOUNDS DESCRIPTION of a portion of Tract "M-2", 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 Southeast right-of-way line of Loop 289, which is the Northeast comer of said Tract "M-2", Whisperwood and the Northwest comer 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; THENCE S. 35°05'48" E., along the East line of said Tract "M-2" and the West line of said Tract "M-4", a distance of 9.05 feet to 112" iron rod with cap set for the Southeast corner of this tract; THENCE S. 54052'25" W. a distance of 30.05 feet to a 112" iron rod with cap set for the Southwest corner of this tract; THENCE S. 60002'47" W. a distance of 100.41 feet to a 1/2" iron rod with cap set in the Southeast right-of-way line of Loop 289 and the North line of said Tract "M-2" for the Northwest comer of this tract; THENCE N. 54052'25" I., along said right-of-way line and the North line of said Tract "M-2", a distance of 130.06 feet to the Point of Beginning. Bearings are relative to the Texas Coordinate System of 1983, CORS 96, Epoch 2002.0 Contains : 725 square feet - OA 17 of an acre. Surveyed on the ground. December 18, 2008 /Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas OF a�P:�x ,l STEq�.. 0-7 Fd p ROBERT A. CHRISTOPHER 905167f� �SS� E� 0�y,0 sDq EXHIBIT ., ® FUGO AND ASSOCIATES. INC. LAND SURVEYORS CIVIL ENGINEERS 1601 AVENUE= N LUBBOCK, TEXAS 79401 PHONE : 806 763-5642 FAX: 806 763-3891 Copyright 2008, Hugo Reed end Associate; Inc. for the sole use of Title Co. A plat of even survey date herewith accompanies this legal description. for GF a end any other identifiers as indicated i, the certificate shown hereon. [ SLIDE ROAD PROJECT Parcel No. M-2 I &I 0(f Olt. Resolution No. 2009-RO127 TRACT V -2' I.Lill WHIS'PERWO©D Q AW �Fg4W Remariala42 /tro sq- fl! - 0.96'7 os rn ame `w AEiB27BFf'I/' 1727/' TRACT 'Af - l " W�1i /SP,�,RWL�U4 TRACT WH/Sf'�RWDG+f� SCALE: i "=60' i AND ASSOC ONTE3 0 - FOUND 1l2" IRON ROD WITH CAP LAND SURVEYORS CIVIL ENGINEERS O - SET 112" IRON ROD WITH CAP 1601 AVENUE N LUBBOCK. TEXAS 79401 RHC3NF 806 763-5642 FAX: 806 763-3891 A legal description of even curve date herewith accompanies this lat. Cupyxight 2008, Hugo Reed and Associates, Inc. for the sole use of Title Co. lj P 11 for GF # and any other identifiers as indicated in the certificate shown hereon.