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Resolution - 2005-R0399 - Right Of Way Offer - Mcdominion LC - 50Th St Widening Project - 08/25/2005
Resolution No. 2005-RO399 August 25, 2005 Item 61 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 50th Street widening project from Slide Road to 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 MCDOMINION, L.C., a Texas limited liability company, a/k/a MCDOMINION, L.C. BE offered through the Right -of -Way Department of the City of Lubbock the amount of $600.00 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 25th day of August , 2005. TOM MARTIN, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales Senior Attorney/Office Practice Section gs/ccdocs/51ideRdto50thSt-WideningProj-MCDOMINION LC.res July 19, 2005 EXH I B I T "A" Resolution No. 2005-80399 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS * NEIN MEXICO *ARIZONA* NEVADA • UTAH Parcel No: 07 Grantor: MCDominion, L.C., a/k/a McDominion, L.C. EXHIBIT "A" Page 1 Being 0.003 acres (150 Sq. Ft.) out of Tract "A", The Dominion, an addition to the City of Lubbock, Lubbock County, Texas as recorded in Volume 6163. Page 235, Real Property Records of Lubbock County, Texas and conveyed to MCDominion, L.C., a/k/a McDominion, L.C. and recorded in Volume 6763, Page 23 of the Real Property Records of Lubbock County, Texas, which said 0.003 acres (150 Sq. Ft.) of land is more particularly described as follows: BEGINNING at a /z" iron rod with cap, set in the North line of said Tract "A", The Dominion and in the existing South right-of-way line of 50`h Street for the Northwest and beginning corner of this parcel, whence a 1/z" iron rod with cap found for the Northwest corner of said Tract "A", The Dominion bears North 88'1 F5 1 " West, 687.18 feet; (1) THENCE South 88°11'51" East, along the existing South right-of-way line of said 50`h Street and the North line of said Tract "A", The Dominion, 5.36 feet to a. V2" iron with cap, found for the most Northerly Northeast corner of said Tract "A", The Dominion and for the most Northerly Northeast corner of this parcel; (2) THENCE Southeasterly along the arc of a curve to the right and along the existing South right-of-way line of said 50`h Street and the North line of said Tract "A", The Dominion, an arc distance of 23.72 feet to '/2" iron rod with cap, found in the existing West right-of-way line of Chicago Avenue and the East line of said Tract "A", The Dominion for a corner of this parcel, said curve has a radius of 15.00 feet, a central angle of 90°36'00", and a chord that bears South 43'28'00" East with a distance of 21.32 feet; (3) THENCE South 01'57'07" West, along the existing West right-of-way line of said Chicago Avenue and the East line of said Tract "A", The Dominion, 4.49 feet to a ©a" iron rod with cap, set in the proposed South line of said 50`h Street for the Southeast corner of this parcel; (4) THENCE North 4423'05" West, along the proposed South right-of-way line of said 50`h Street, 28.17 feet to the P. 03 of which contains an area of 0.003 acres (150 Sq. Ft.); #34,652 PAR7.DOC (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 9 Lubbock, Texas 79413 .. WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS 9 NEW MEXICO o ARIZONA • NEVADA • UTAH EXHIBIT "A" Page 2 A plat of even survey date herewith accompanies this legal description. Bearings are based on Texas Plane Coordinate System NAD 83, Texas North Central Zone. SURVEYED ON THE GROUND JUNE, 2004 REVISED FIELD NOTES: 7-11-05 --,A SSIONAL LAND SURVEYOR #34,652 PARTDOC (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413