HomeMy WebLinkAboutResolution - 2000-R0365 - Right Of Way Offer - Town & Country Food Stores Inc.- 98Th Street Widening - 10/12/2000Resolution No. 2000-80365
RESOLUTION October 12, 2000
Item No. 46
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 underground utility easement and switch enclosure
easement 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 Town & Country Food
Stores, Inc., BE offered through the Right -of -Way Department of the City of Lubbock
the amount of $900.00 which is the amount appraised as the value and total damages
for the underground utility easement and switch enclosure easement 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 underground utility easement and switch
enclosure easement.
Passed by the City Council this 12th
A
, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Wo Agent
APPROVED AS TO FORM:
Linda Chamales,
Supervising Attorney
gslccdocsl98ie St widening-Town&CountryFoodStores.res
September 19 2000
ROBERT SMITH SURVEYING
P.O. BOX 93616
LUBBOCK, TEXAS
806-765-9543
U.U.E. / S.E.E. EASEMENT
TRACT "A" BICENTENNIAL ADDITION
Resolution No. 2000-R 0365
October 12, 2000
Item No. 46
METES AND BOUNDS DESCRIPTION OF A U.U.E. / S.E.E. EASEMENT IN TRACT "A" BICENTENNIAL
ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AS RECORDED IN VOLUME
1506 PAGE 650 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT A °/2" IRON ROD WITH CAP SET AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID
TRACT "A" IN THE EAST RIGHT OF WAY LINE OF UNIVERSITY AVENUE FOR THE NORTHWEST CORNER
OF THIS TRACT FROM WHENCE THE SOUTHWEST CORNER OF SECTION 9, BLOCK E IS CALLED TO BEAR
SOUTH A DISTANCE OF 95.0 FEET AND S 89059'15" W A DISTANCE OF 60.0 FEET;
THENCE S 45000'23" E A DISTANCE OF 42.43 FEET TO A '/2" IRON ROD FOUND IN THE NORTH RIGHT OF
WAY LINE OF 98rI STREET FOR THE SOUTHEAST CORNER OF THIS TRACT AT THE MOST SOUTHERLY
SOUTHWEST CORNER OF SAID TRACT "A";
THENCE NORTHWESTERLY 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 90000'45", AN ARC LENGTH OF 47.13 FEET
TO THE PLACE OF BEGINNING
I, 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
JUNE 20, 2000
ROBERT L. SMI'
R.P.L.S. 3906
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 PLAT OF RECORD.
JOB 00-0534B
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for October 12, 2000
Page 5
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #/SUBJECT
# Consider a resolution authorizing the Right-of-way Department to make an
offer to Town and Country Food Stores for an Underground Utility
Easement/Switch Enclosure Easement in Tract A, Bicentennial Estates
Addition to the City of Lubbock (NEC 98th & University Avenue).
BACKGROUND/DISCUSSION:
This easement is needed for the 98th Street Widening Project for Lubbock power
and Light. This 257 sq. ft. Underground Utility Easement/Switch Enclosure
Easement is located at the northeast corner of 98th Street and University Avenue.
This easement was appraised by Deck Goddard for $900 which is our offer to
Town and Country Food Stores.
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 our offer to Town
and Country Food Store.