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Home My WebLink AboutResolution - 2000-R0399 - Right Of Way Offer - Milwaukee Four North Joint Venture & M4 South Joint Venure - 11/07/2000Resolution No. 2000-RO399 November 7, 2000 Item No. 29 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 Milwaukee Avenue widening project from 4`h Street to 344 Street 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 Milwaukee Four North Joint Venture and Milwaukee Four South Joint Venture, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $29,700.00 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 7th day of November , 20 WINDASIT N,MAYOR ATTEST: Kaythie arnell, City Secretary ,�C)00 -e C)-3,iy APPROVED AS TO CONTENT: �S Ed Bucy, Right -of -Way A ent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs%ccdocs\MilwaukeeAveWidening4'e - 34'.res October 24, 2000 i County: Highway No: Parcel No: Grantor: Resolution No. 2000—RO399 November 7, 2000 Item No. 29 Lubbock Milwaukee Avenue 02 Milwaukee Four North Joint Venture and Milwaukee Four South Joint Venture EXHIBIT "A" Being 0.18 acres of land out of a 20.74 acre tract of land located in Section 9, Block JS, E. L. & R. R. R.R. Co. Survey, Lubbock County, Texas, said tract of land was conveyed by sheriff s deed dated May 05, 1993 by D.L. Keesee to Milwaukee Four North Joint Venture and Milwaukee Four South Joint Venture and recorded in Volume 4188, Page 174 of the Official Real Property Records of Lubbock County, Texas, which said 0.18 acres is more particularly described as follows; BEGINNING at a point in the existing East line of Milwaukee Avenue and the existing South Line of F.M. 2255 (4 h Street), for the Northwest and beginning corner of this parcel, whence a railroad spike found for the Northwest corner of said Section 9, Block JS, bears North 02°20'54" East, 50.00 feet and South 87°37'52" West, 50.00 feet; (1) THENCE South 87°37'52" East, along the existing South line of said 4'h Street, 34.04 feet to a point in the proposed East Right -of -Way line of Milwaukee Avenue for the Northeast comer of this parcel; (2) THENCE Southwesterly, along the arc of a curve to the left and the proposed East Right -of -Way line of said Milwaukee Avenue, an arc distance of 31.42 feet to a'/Z" iron rod with cap, set for a corner of this parcel, said curve has a radius of 20.00 feet and a chord that bears South 47°21'44" West, 28.29 feet; (3) THENCE South 02°21'l 9" West, along the proposed East Right -of --Way line of said Milwaukee Avenue 209.49 feet to a '/z" iron rod with cap, set for a corner of this parcel; (4) THENCE South 04°38'49" West, along the proposed East Right -of -Way line of said Milwaukee Avenue 250.20 feet to a '/2" iron rod with cap, set for a corner of this parcel; 33,625 PAR2.DQC HIGH-TECH LAND & GPS SURVEYORS, INC. 1 3330 70th St., Suite 202 - Lubbock. Texas 79413 (806)788-0020 - Fax(806)792-1646 (5) THENCE South 02°21'23" West, along the proposed East Right -of -Way line of said Milwaukee Avenue 5 99.5 2 feet to a '/2" iron rod with cap, set in the North line of a 20 foot alley for the Southeast corner of this parcel; (6) THENCE North 87°3653" West, along the North line of said 20 foot alley, 3.89 feet to a ''/2" iron rod with cap, set in the existing East line of said Milwaukee Avenue for the Southwest corner of this parcel; (7) THENCE North 02020'54" East, along the existing East line of said Milwaukee Avenue, 1079.03 feet to the Point of Beginning, of contains an area of 0.18 acres. Bearings are grid bearings based on Interstate 27 control points as established by T?XDOT from Lambert Grid System, NAD 27, Texas North Central Zone. A plat of even survey date herewith accompanies this legal description SURVEYED ON THE GROUND JULY, 2000 REGISTERED PRO 33,625 04 HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 70th St., Suite 202 • Lubbock, Texas 79413 (806) 788-0020 • Fax (806) 792-1646 IONAL LAND SU 11 PAR2.DOC Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for November 7, 2000 Page 6 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #1SUBJECT # Consider a resolution authorizing the Right -of -Way Department to make an offer to Milwaukee Four North Joint Venture and Milwaukee Four South Venture for a 0.18 acre tract of land for the Milwaukee Avenue widening project, 4`h Street to 34`h Street located in Section 9, Block JS, Lubbock County (401 Milwaukee Avenue). BACKGROUND/DISCUSSION: This right-of-way taking is needed for the Milwaukee Avenue widening project from 4th Street to 34 1h Street. This parcel is located along the east side of Milwaukee Avenue from 4th Street southward to approximately 8`h Street and contains 0.18 acres or 7,840.80 sq. ft. Tommy Cantrell appraised this parcel and Shaw Wofford reviewed the appraisal. This 0.18 -acre fee simple taking was appraised for $29,700. Mr. Cantrell appraised 4,204 sq. ft. of the taking at $8.00 per sq. ft. that is commercial zoned for $25,200 and 3,637 sq. ft. of the taking at $1.25 for apartment zoned property for a total offer to Milwaukee Four North and South Joint Ventures for $29,700. This resolution also authorizes condemnation proceedings to acquire this property if our offer is refused. SUM MARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of this offer to the property owner.