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HomeMy WebLinkAboutResolution - 2005-R0567 - Right Of Way Offer - Mart Mariam Family LP - Frankford Right Turn Lane - 12/15/2005Resolution No. 2005-RO567 December 15, 2005 Item 5.6 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 a Northbound Frankford Avenue and Spur 327 right hand turn lane 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 Mart Mariam Family Limited Partnership, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $11,100.00 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 15th day of _ ,,b,., ,-) , 2405. MARC MCDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agklnt APPROVED AS TO FORM: Linda Chamales Senior Attorney/Office Practice Section gs/ccdocs/Northbound Frankford Ave&Spur 327 -Right -Hand Turn Laneses Nov. 9, 2005 EXHIBIT "A'' METE AND BOUND DESCRIPTION of a portion of Lot 3 and 4 Farrar Del Norte, an Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1587, Page 636, Deed Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the East right-of-way line Frankford Avenue for the Southwest corner of Lot 4 Farrar Del Norte, which bears which bears N. 00°00'30" E. a distance of 1247.52 feet and S. 89°58'45" E. a distance of 55.00 feet from the Southwest corner of Section 28, Block E-2, Lubbock County, Texas; THENCE N. 00000°30" E., along the East right-of-way line of said Frankford Avenue and the West line of Lots 3 and 4, a distance of 279.98 feet to a 1/2" iron rod with cap set for a point of curvature; THENCE Northeasterly, around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°00'45", tangent lengths of 15.00 feet and a chord distance of 21.21 feet to a 1/2" iron rod with cap set in the South right-of-way line of Spur 327 in the North line of Lot 3, for a point of tangency; THENCE S. 89058'45" E., along the South right-of-way line of said Spur 327 and the North line of said Lot 3, a distance of 15.00 feet to a 112" iron rod with cap set for the Northeast corner of this tract; THENCE Southwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°00'45", tangent lengths of 15.00 feet and a chord distance of 21.21 feet to a 1/2" iron rod with cap set for a point of tangency; THENCE S. 00°00'30" W., at 14198 feet pass a "X" on concrete cut in the South line of said Lot 3 and the North lune of Lot 4, continuing for a total distance of 279.98 feet to a 112" iron rod with cap set in the South line of said Lot 4 for the Southeast corner of this tract; THENCE West, along the South line of said Lot 4, a distance of 15.00 feet to the Point of Beginning. CONTAINS 4,425 square feet or 0.102 acres CERTIFICATION TO: City of Lubbock I, Brent Carroll, Texas Registered Professional Land Surveyor No. 5410, do hereby certify that this survey was made on the ground and is in substantial compliance with Standard TREC Contract Form No. 20-6, a determination as to whether this property lies within a special flood hazard area was not made for this survey.. JHCarro Br Registered Professional Land Surveyor No. 5410 State of Texas