HomeMy WebLinkAboutResolution - 2000-R0364 - Right Of Way Offer - Chuck Kershner - 98Th Street Widening - 10/12/2000Resolution No. 2000-RO364
October 12, 2000
Item No_ 45
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 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 Chuck Kershner, BE
offered through the Right -of -Way Department of the City of Lubbock the amount of
$49,911.00 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 12th day -of October , 2000.
WIN SfWPN, MAYOR
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APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agerft
APPROVED AS TO FORM:
Linda Chamales,
Supervising Attorney
Cp\ccdocs\LBB-FarmOwners-A. Res
September 13, 2000
County: Lubbock
Account No:
CSJ:
Highway No:
Parcel: 4
Grantor: Chuck Kershner
Resolution No_ 2000-80364
EXHIBIT A October 12, 2000
Item No. 45
Page 1 of 2
November 16, 1999
Legal Land Description for Parcel 4
BEING 0.4167 acres (18,150 square feet) of land, situated in Section 20, Block E-2,
City of Lubbock, Lubbock County, Texas, and being part of a tract of land as described
in a deed to Chuck Kershner (Kershner tract), being executed on March 18, 1985 as
recorded in Volume 1959, Page 688, Deed Records of Lubbock County, Texas, and
being more particularly described by metes and bounds as follows:
COMMENCING at a one-half inch iron rod (a controlling monument) found with a yellow
cap at the southeast corner of a that certain tract of land as described in a deed to Roy
D. Philpott and wife, Jackie R. Philpott (Philpott tract) as recorded in Volume 1375,
Page 209, of said Deed Records,
THENCE, NORTH 01 degrees 50 minutes 34 seconds EAST, along the east line of
said Philpott tract, a distance of 655.62 feet to a point being the southwest corner said
Kershner tract,
THENCE, NORTH 01 degrees 41 minutes 34 seconds EAST, continuing along the east
line of said Philpott tract and along the west line of said Kershner tract, a distance of
604.43 feet to a one-half inch steel rebar with cap marked AB&A, set on the proposed
south right-of-way line of 981h Street for the POINT OF BEGINNING;
1. THENCE, NORTH 01 degrees 41 minutes 34 seconds EAST, continuing along the
west line of said Kershner tract, a distance of 55.00 feet to a point in the north line
of Section 20, Block E-2 and south line of Section 13, Block E-2;
2. THENCE, SOUTH 88 degrees 11 minutes 36 seconds EAST, along the north line of
Section 20, Block E-2 and south line of Section 13, Block E-2, a distance of 330.00
feet to a point being the northeast corner of said Kershner tract;
3. THENCE, SOUTH 01 degrees 41 minutes 34 seconds WEST, along the east line of
said Kershner tract, a distance of 55.00 feet to a one-half inch steel rebar with cap
marked AB&A, set on the proposed south right-of-way line of 98th Street, being the
northwest corner of that certain tract of land as described in a deed to Summit
Baptist Church as recorded in Volume 4071, Page 216, of said Deed Records,
EXHIBIT A
County: Lubbock
Account No:
CSJ:
Highway No:
Page 2of2
November 16, 1999
Parcel: 4
Grantor: Chuck Kershner
4. THENCE, NORTH 88 degrees 11 minutes 36 seconds WEST, along the proposed
south right-of-way line of 98th Street, a distance of 330.00 feet to the POINT OF
BEGINNING and containing 0.4167 acres or 18,150 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.
::ter r AMM
John F. Pierce
Registered Professional Land Surveyor
Texas Registration No. 2011
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JOHN F, PIERCE
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Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for October 12, 2000
Page 4
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #/SUBJECT
# Consider a resolution authorizing the Right-of-way Department to make an
offer to Chuck Kershner for a tract of land needed for the 981`' Street
Widening Project in Section 20, Block E-2, Lubbock County (2831 981h
Street).
BACKGROUND/DISCUSSION:
This 18,150 -sq. ft. tract of land is located along the south side of 981h Street, just
west of Canton Avenue. Deck Goddard was the appraiser of this property and
he valued the taking as follows: Improvements $22,686 and the 18,150 sq. ft, fee
simple taking at $27,225 for a total offering to the property owner of $49,911.
This resolution also authorizes condemnation proceedings to acquire this
property if our offer is refused.
SUMMARYIRECOMMENDATION:
The Right -of -Way Department recommends the approval of our offer to Chuck
Kershner.