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HomeMy WebLinkAboutResolution - 2005-R0398 - Right Of Way Offer - Mcdougal Construction LTD - 50Th St Widening Project - 08/25/2005Resolution No. 2005-80398 August 25, 2005 Item 60 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 50'h Street widening project from SIide 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 McDougal Construction Ltd., a Texas Limited Partnership F/KIA McDougal Construction, L.C. a Texas Limited Liability Company, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $36,100.00 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: e5,c 6 � Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales, Senior Attorney gs:/ccdocs/res-S1idcRd to50'`St-WideningProj-McDougal Const Ltd July 1, 2005 EXHIBIT "A" .. WILSON SURVEYING CO., INC. � Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS * NEW MEXICO * ARIZONA • NEVADA • UTAH Parcel No: 45 Grantor: McDougal Construction, L.C. EXHIBIT "A" Page 1 Being 0.118 acres (5156 Sq. Ft.) of land out of the Northwest 1/4 of Section 28, Block E-2, Lubbock County, Texas and conveyed by Warranty Deed to McDougal Construction, L.C. and recorded in Volume 6172, Page 88 of the Official Real Property Records of Lubbock County, Texas, which said 0.118 acres (5156 Sq. Ft.) of land is more particularly described as follows: BEGINNING at a %2" iron rod, found in the existing South right-of-way line of 50th Street for the Northeast corner of this parcel and being the Northeast corner of said tract conveyed by Warranty Deed to McDougal Construction, L.C. and recorded in Volume 6172, Page 88 of the Official Real Property Records of Lubbock County, Texas, whence the Northeast comer of the said Northwest 1/4 of Section 28, Block E-2 bears North 01'48'13" last, 32.55 feet and South 88°03'59" East, 739.63 feet; (1) THENCE South 01 °48'13" West, along the existing South right-of-way line of said 50tH Street and the East line of said tract recorded in Volume 6172, Page 88, 15.00 feet to a 1/2" iron rod with cap, set in the proposed South line of said 50`h Street for the Southeast corner of this parcel and being the Northwest corner of Tract "A", The Dominion; (2) THENCE North 88'1 F51 " West, along the proposed South right-of-way line of said 50t' Street, 173.65 feet to a 1/2" iron rod with cap, set for a corner of this parcel; (3) THENCE Southwesterly along the are of a curve to the left and along the proposed South right-of-way line of said 50`h Street, an arc distance of 155.55 feet to a 1/i" iron with cap, set in the East line of Tract "B", Newman Addition, the West line of said un -platted tract as recorded in Volume 6172, Page 88 and the proposed South line of said 50th Street for the Southwest corner of this parcel, said curve has a radius of 11,414.16 feet, a central angle of 00°46'51", and a chord that bears North 89°21'44" West with a distance of 15 5.5 5 feet; (4) THENCE North 01050'12" East, along the West line of said un -platted tract as recorded in Volume 6172, Page 88 of the Real Property Records of Lubbock County, Texas and being the East line of Tract "B", Newman Addition to the City of Lubbock, Lubbock County, Texas, at 3.16 feet pass a `/2" iron rod found for the Northeast corner of said Tract `B", Newman Addition, (806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413 Resolution No. 2005-RO398 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS,P NEW MEXICO *ARIZONA * NEVADA * UTAH EXHIBIT "A►►► Page 2 continuing along said West line of said un -platted tract and being the existing right-of-way line of 50th Street, a total distance of 18.16 feet to a '/2" iron rod, found for the Northwest corner of this parcel and being the Northwest corner of said un -platted tract; (5) THENCE South 88'l 1'52" East, along the existing South right-of-way line of said 50th Street and being the North line of said un -platted tract as described in Volume 6172, Page 88 of the Real Property Records of Lubbock County, Texas, 329.36 feet to the P.O.B of which contains an area of 0.118 acres (5 156 Sq. Ft.); 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 2-7-05 REVISED FIELD NOTES 3-17-05 REVISED FIELD NOTES 4-13-05 REGIS RED P OFESSIONAL LAND SURVEYOR #34,652 PAR5.DOC (806) 792-4731 e Fax (806) 792-1646 9 3330 70th Street, Suite 201 9 Lubbock, Texas 79413