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Home My WebLink AboutResolution - 2000-R0362 - Right Of Way Offer - Golombeck, Payne, Vallado, Clopton, May - 10/12/2000Resolution No. 2000-RO362 October 12, 2000 Item No. 43 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 98' Street widening project from Indiana Avenue to University Avenue 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 and U. U. E. /S. E. E. easement to the tracts of land further described in Exhibit "A" and Exhibit "B" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tracts, being Richard S. Golombeck, Richard A. Golombeck Trust, Sara M. Golombeck Trust, Anne M. Payne, Jan Clopton Vallado, Russell Wallace Clopton, Lewis G. May, Arthur A. May, and Suzanne M. Sylvester, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $30,672.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes and U.U.E./S.E.E. easement 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 and U.U.E./S.E.E. easement. Passed by the City Council this 12th day of October , 2000. OIVIYe's4lb"N�, MAYOR ATTEST: City Secretary �aoo - Rb3 Z APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way AgYnt APPROVED AS TO FORM: Linda Chamales, Supervising Attorney Cplccdocs\LBB-Farmowners. Res September 13, 2000 Resolution NO. 2000-R 0362 EXHIBIT A October 12, 2000 Item No- 43 County: Lubbock Page 1 of 2 Account No: November 16, 1999 CSJ: Revised: May 11, 2000 Highway No: Revised: August 3, 2000 Parcel: 5 Grantor: Heirs of Imogene Whaley Ma Legal Land Description for Parcel 5 BEING 0.1134 acres (4,941 square feet) of land, situated in Section 10, Block E, City of Lubbock, Lubbock County, Texas, and being part of that certain called 160 acre tract of land, also known as the Northwest One -Fourth (NW/4) of Section 10, Block E, as described in a deed to Imogene Whaley May (May tract), being executed on July 13, 1948 as recorded in Volume 373, Page 86, Deed Records of Lubbock County, Texas, and being divided into Richard S. Golombeck, Anne Payne A/K/A Anne McWherter Payne, Suzanne Esther May Sylvester„ Arthur Alexander May, Lewis Glover May, Richard S. Golombeck and Tom Svoboda as Trustees of the Richard and Alexander Golombeck Trust and Sara Michelle Golombeck Trust both Trust established under the Golombeck Childrens Trusts dated December 22, 1995, Jan Clopton Vallado, individually and as independent executrix of the Estate of Marion Wallace Clopton, Jr., deceased and Russell Wallace Clopton as Heirs under the Carder Declaring Heirship, Appointing Co -Administrators and Authorizing Letters of Administration executed July 5, 1983 as recorded in Volume 1856, Page 566 of said Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at the southwest corner of said May Tract on the east right of way line of University Avenue as recorded in Volume 450, Page 148 of said Deed Records; THENCE, NORTH 01 degrees 46 minutes 02 seconds EAST, along the west line of said May tract, also being in the existing east right-of-way line of University Avenue, a distance of 2,395.00 feet, to a one-half inch steel rebar with cap marked AB&A, set for corner on the proposed and existing east right-of-way line of University Avenue for the POINT OF BEGINNING from which the Northwest corner of Section 10, Block E bears North 07 degrees 30 minutes 19 seconds West at a distance of 248.24 feet; 1. THENCE, NORTH 01 degrees 46 minutes 02 seconds EAST, continuing along the west line of said May tract and the existing east right-of-way line of University Avenue„ a distance of 190.00 feet to the intersection of the existing south right-of- way line of 98'h Street and the existing east right-of-way line of University Avenue; 2. THENCE, SOUTH 88 degrees 26 minutes 18 seconds EAST, along the existing south right-of-way line of 98" Street, a distance of 54.90 feet to a one-half inch steel rebar with cap marked AB&A, set on the proposed east right-of-way line of University Avenue at the beginning of a non -tangent curve to the left; EXHIBIT A County: Lubbock Page 2 of 2 Account No: November 16, 1999 CSJ: Revised: May 11, 2000 Highway No: Revised: August 3, 2000 Parcel: 5 Grantor: Heirs of Imogene Whaley May 3. THENCE, SOUTHWEST, along the proposed east right-of-way line of University Avenue and along the non -tangent curve to the left which has a chord that bears SOUTH 46 degrees 34 minutes 16 seconds WEST for a distance of 42.43 feet, a central angle of 90 degrees 00 minutes 42 seconds having a radius of 30.00 feet, for an arc distance of 47.13 feet to a one-half inch steel rebar with cap marked AB&A, set at the end of said curve; 4. THENCE, SOUTH 01 degrees 46 minutes 02 seconds WEST, continuing along the proposed east right-of-way line of University Avenue and parallel to the existing east right-of-way line of said University Avenue, a distance of 160.00 feet to a one-half inch steel rebar with cap marked AB&A, set for corner; 5. THENCE, NORTH 88 degrees 26 minutes 18 seconds WEST, continuing along the proposed east right-of-way line of University Avenue, a distance of 26.00 feet to the POINT OF BEGINNING and containing 0.1134 acres or 4,941 square feet of land, more or less; This description accompanies parcel map of even date herewith. All bearings are based on the Texas State Plane Coordinate System, North Central Zone, (NAD83). Arredondo, Brunz & Associates, Inc. Date: X63 - CJ. o,-( F--� "-� John F. Pierce Registered Professional Land Surveyor Texas Registration No. 2011 y�P��Gisr�q��q� •ai. rrrrrr.. r..r.r••:••• JOHN F. PIERCE rrre sr•rs•••Hs••s. er•.n .. EXHIBIT B Resolution No. 2000-RO362 ROBERT SMITH SURVEYING October 12, 2000Item No. 43 P.O. BOX 93616 LUBBOCK,TEXAS 806-765-9543 U.U.E. / S.E.E. EASEMENT NORTHWEST QUARTER SECTION 10, BLOCK E METES AND BOUNDS DESCRIPTION OF A U.U.E. / S.E.E. EASEMENT IN THE NORTHWEST QUARTER OF SECTION 10, BLOCK E, LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN VOLUME 373 PAGE 86 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A V2" IRON ROD WITH CAP FOUND IN THE EAST RIGHT OF WAY LINE OF UNIVERSITY AVENUE FOR THE SOUTHWEST CORNER OF THIS TRACT FROM WHENCE THE NORTHWEST CORNER OF SECTION 10, BLOCK E IS CALLED TO BEAR S 89°59' W A DISTANCE OF 65.0 FEET AND N 0°01'40" W A DISTANCE OF 85.0 FEET; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND AROUND A CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 90°00'42", AN ARC LENGTH OF 47.13 FEET TO A Yz" IRON ROD FOUND IN THE SOUTH RIGHT OF WAY LINE OF 98T" STREET FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE S 44058'40" W A DISTANCE OF 42.43 FEET TO THE PLACE OF BEGINNING. 1, ROBERT L. SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEYED�E OF T JUNE 20, 2000 c�A,; � $� �o e i ROBERT L. Wi;Tll op 3906 ROBERT L. SMITH R. P.L.S. 3906 �9,yor£ s�;��+p,4,�� S U R'4 SURVEYORS REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE "PHYSICAL MONUMENTS OF RECORD DIGNITY". FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. BEARINGS RELATIVE TO THE RECORD CALL OF THE WEST LINE OF BICENTENNIAL ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS (VOLUME 1506 PAGE 650). JOB 00-0534C Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for October 12, 2000 Page 2 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT # Consider a resolution authorizing the Right -of -Way Department to make an offer to Richard S. Golombeck, Richard A. Golombeck Trust, Sara M. Golombeck Trust, Anne M. Payne, Jan Clopton Vallado, Russell Wallace Clopton, Lewis G. May, Arthur A. May and Suzanne M. Sylvester for a 4,941 sq. ft. tract of land for 98th& University and an underground utility easement/switch enclosure easement for LP&L, land and easement located at the southeast corner of 98th and University Avenue in Section 10, Block E, Lubbock County, Texas (9801 University). BACKGROUND/DISCUSSION: The City of Lubbock is in the beginning stages of acquiring right-of-way for the widening of 98`h Street from University Avenue westward to Indiana Avenue. This right-of-way includes fee simple takings and electrical easements for Lubbock, Power, and Light. There are about ten parcels to be acquired for this project. This first resolution is for a 4,941 -sq. ft. parcel of land for the northbound turn lane at the southeast corner of 98'h Street and University Avenue. This resolution also includes an underground utility easement/switch enclosure easement for L. P. & L. also located at that intersection. Deck Goddard appraised these properties and Shaw Wofford reviewed the appraisals. The 4,941 -sq. ft. fee simple taking was appraised for $29,893 and the U. U. E. /S. E. E. was appraised for $779.00 for a total offer to the above named property owners of $30,672. This resolution also authorizes condemnation proceedings to acquire this property if our offer is refused. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of this offer to the property owners.