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HomeMy WebLinkAboutResolution - 2005-R0397 - Right Of Way Offer - Mcwindmill Hill LC - 50Th St Widening Project - 08/25/2005Resolution No. 2005-RO397 August 25, 2005 Item 59 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 McWindmill Hill, L.C., a Texas limited liability company, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $600,000.00 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 Ag nt APPROVED AS TO FORM: Linda Chamales Senior Attorney gslccdocs/SlideRdto50thSt-WideningPToi-McWindmilI Hillses June 3, 2005 Resolution No. 2005-80397 EXHIBIT "A" WILSON SURVEUNG CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS* NEW MEXICO -,ARIZONA* NEVADA-, UTAH Parcel No: 04 Grantor: McWJindmiH Hill LC. EXHIBIT "A" Page I Being 0.142 acres (6202 Sq, Ft.) of land out of Tract "Y', Wester Park to the City of Lubbock, Lubbock Comity, Texas, according to the map, plat and/or dedication deed thereof recorded in Volinne 1522, Page 954, Deed Records and conveyed to MeWindimill Hill LC. and recorded in Volume 4642, Page 76 of the Real Property Records of Lubbock County, Texas, which said 0.142 acres (6202 Sq. Ft.) of land is more particularly described as follows: BEGtW.NG at an "Y" in concrete, found in the existing North right-of-way line of 50"' Street for the most Southerly Southwest corner of said Tract "U', Wester Park and for the most Southerly Southwest corner of this parcel; (1) '-'HENCE Northwesterly along the arc of a curve to the right and along the, existing North right-of-way fine of said 50Th Street, an arc distance of 23.61 feet to a crow's foot, fou nd in existing East line of Englewood Avenue for a comer of this parcel, said curve has a radius of 15.00 feet, a central angle of 90'1194", and a chord that bears North 43'27'21 11 West with a distance of 21.25 feet; (2) THENCE Northeasterly along the are of a curve, to the left and along the existing East right-of-way line of said Englewood Avenue, an are distance of 16.09 feet to an "X" in concrete, set in the eAsting East line of said Englewood Avenue and the proposed North be of said 50t" Street for the Northwest corner of this parcel, said curve has a radius of 617.07 feet, a central angle of, 01 '2938", and a chord that bears North 00'27'05" East with a distance of 16.09 feet; (3) THENCE South 42'22'33" East, along the proposed North right-of-way line of said 50"' Street, 25.61 feet to an "V in concrete, set for a comer of this parcel; (4) THENCE South 88'12'08" East, along the proposed North right-of-way line of said 50"' Street, 433.03 feet to a magnetic nail, set for a comer of this parcel; #34,652 PAR4.DOC OEM 792-4731 o Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS * NEW MEXICO • ARIZONA -a NEVADA • UTAH EXHIBIT "A" Page 2 (5) THENCE North 51'21'40" East, along the proposed North right-of-way line of said 5©th Street, 25.19 feet to a magnetic nail, set in the existing West line of Elkhart Avenue for the Northeast corner of this parcel; (6) THENCE South 01'50'24" West, along the existing West right-of-way line of said Elkhart Avenue, 14.12 feet to a '/z" iron rod, found in the existing North line of said 50`h Street for a corner of this parcel; (7) THENCE Southwesterly along the are of a curve to the right and along the existing North right-of-way line of said 50t' Street, an arc distance of 23.42 feet to an "X" in concrete, found in the existing North line of said SW' Street for the most Southerly Southeast corner of this parcel, said curve has a radius of 15.00 feet, a central angle of 89°27'04", and a chord that bears South 46026'45" West with a distance of 21.11 feet; (8) THENCE North 88'11'09" West, along the existing North right-of-way line of said 50`h Street, 439.74 feet (call 439.64 feet) to the P.O.B of which contains an area of 0.142 acres (6202 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 3-17-05 13-28-05 REGfS-TIfKED PjeOFESSIONAL LAND SURVEYOR 3—;2y—o5' #34,652 PAR4.DOC (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413