HomeMy WebLinkAboutResolution - 2000-R0402 - Right Of Way Offer - Mccleary Estate - East-West Freeway Railroad Relocation - 11/07/2000Resolution No. 2000-RO402
November 7, 2000
Item No. 31
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 interests for municipal public use and purposes, to -wit: for the East-West Freeway
Railroad Relocation Project; and
WHEREAS, Texas Energy Sources, Inc. owns certain oil and/or gas operating
facilities located upon or under Railroad Parcel IRR41X, lands more particularly
described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease
dated July 29,1966, by and between McCleary Estate and Tamarack Petroleum, Lessee,
and recorded in Volume 33, Page 276, of the Oil and Gas Records of Lubbock County,
Texas; and assigned to Texas Energy Sources, Inc., recorded in Volume 2217, Page 214,
of the Property Records of Lubbock County.
WHEREAS, the City Council of the City of Lubbock has found that it is in the
public interest and necessary for the public purposes and municipal purposes for the East-
West Freeway Relocation Project that Texas Energy Sources, Inc. adapt its oil operations
to the proposed railroad track crossing the above described parcel, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the owner of the above-described interest in land, Texas Energy Sources,
Inc., BE offered through the Right -of -Way Department of the City of Lubbock,
$13,550.00, which is the amount appraised as the cost to lower and encase 300 feet of
flow line on the above described Railroad Parcel 1 RR41 X and total damages thereto, for
the use and benefit of the City of Lubbock, Texas, for the East-West Freeway Railroad
Relocation Project; 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
necessary property interests in such parcels as hereinabove described for public purposes
and municipal purposes.
Passed by the City Council this 7th day of November , 2000.
WINDY SIT -YON, MAYOR
ATTEST:
1\Clue L�,+�ntiQ
Kayth e Darnell, City Secretary.
APP WED .AS TO CONTENT: APPROVED AS TO FORM:
Ed Bucy, Right—of-Way Agent Linda Chamales, Supervising Attorney
LC:/ccdocs/cityatt/IRR41 X Tex Energy Sources.res
October 25, 2004
Resolution No.
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO * ARIZONA • NEVADA • UTAH
County:
Lubbock
Account No:
8005-1-20
CSJ No:
0380-01-053
Highway No:
U.S. 82 (Railroad Relocation)
Parcel No:
1RR41 X
Grantor:
Martha Virginia Ferris Sands
EXHIBIT "A"
Being 2.44 hectares (6.03 acres) of land out of 318.2 acres of land (Deed Call), more or less, a
part of Survey No. 29, Block JS, E.L. & R.R. Ry. Co. Survey, Abstract No. 319, Lubbock
County, Texas, except 1 8/10 acres of the Southwest comer, described by metes and bounds in
Volume 2630, Page 261, of the Deed Records of Lubbock County, Texas, and save and except a
tract of land recorded in Volume 3312, Page 219, Official Real Property Records of Lubbock
County, Texas, said 318.2 acres of land was conveyed by deed dated September. 14,1987 by The
Martha Virginia Ferris Trust, by and through, Robert M. Ricketts, Trustee, to Martha Virginia
Ferris Sands and recorded in Volume 2630, Page 259 of the Deed Records of Lubbock County,
Texas, which said 2.44 hectares (6.03 acres) is more particularly described as follows;
BEGINNING at a'/2" Iron Rod with Cap, set in the East line of said Section 29, Block JS and in
the proposed North Railroad Right -of -Way line, for the Northeast and beginning corner of this
parcel, whence the Northeast comer of said Section 29, Block JS, bears North 02022'42" East,
818.323 meters (2684.78 feet) ;
(1) THENCE South 02°22'42" West, along the East line of said Section 29, Block JS, a
distance of 30.480 meters (100.00 feet) to a'/z" Iron Rod with Cap, set in the East line of said
Section 29, Block JS, and in the proposed South Railroad Right -of -Way line for the Southeast
comer of this parcel,
(2) THENCE North 87°29'21" West, along the South Railroad Right -of -Way line, a distance
of 799.803 meters (2624.02 feet), to a '/z" Iron Rod with Cap, set in the West line of the East '/2
of said Section 29, Block JS, for the Southwest corner of this parcel;
PAR1RR41,DrOC
(806) 792-4731 • Fax (806) 792.1646.3334 70th Street, Suite 201 • Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO • ARIZONA • NEVADA • UTAH
(3) THENCE North 01'49'47" East, along, the West line of the East % of said Section 29,
Block JS, a distance of 30.483 meters (100.01 feet), to a °/z" Iron Rod with Cap, set in the West
line of the East `/2 of said Section 29, Block JS and in the proposed North Railroad Right -of -Way
line, for the Northwest corner of this parcel;
(4) THENCE South 87°29'21" East, along the proposed North Railroad Right -of -Way line,
a distance of 800.092 meters (2624.97) feet to the P.O.B.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND OCTOBER ,1998
P- -
REGISTERED PROFE IONAL LAND SURVE OR
4--Iq--99.
Note: English units are provided for information only.
E
PAR1RR41.DOC
(806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413