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Home My WebLink AboutResolution - 2000-R0366 - Right Of Way Offer - Five Points Corporation - 98Th Street Widening - 10/12/2000Resolution No. 2000-80366 October 12, 2000 Item No. 47 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 power line 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 Five Points Corporation, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $36,890.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes and power line 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 power line easement. Passed by the City Council this 12th day oi Oct ber , 2000. WINDY SIT N, MAYA N Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of --Way A /ht EMU Linda Chamales, Supervising Attorney Cplccdocs\LBB-FarmOwners-PowerLine. Res September 13, 2000 7 County: Lubbock Account No: CSJ: Highway No: Parcel: 1 Grantor: Five Points Corporation Resolution No. 2000-RO366 EXHIBIT A October 12, 2000 Item No. 47 Page 1 of 2 November 16, 1999 Revised April 19, 2000 Revised April 28, 2000 Legal Land Description for Parcel 1 BEING 0.4340 acres (18,905 square feet) of land, situated in Section 13, Block E-2, City of Lubbock, Lubbock County, Texas, and being part of a tract of land as described in a deed to Five Points Corporation (Five Points tract), being executed on July 19, 1991, as recorded in Volume 3645, Page 201, Real Property Records of Lubbock County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at the northeast corner of said Five Points tract, said corner also being at the intersection of the existing north and west right-of-way lines of two alleys, from which a one-half inch pipe (a controlling monument) found bears North 01 degrees 36 minutes 40 seconds East, a distance of 30.00 feet; THENCE, SOUTH 01 degrees 36 minutes 40 seconds WEST, along the existing west right-of-way line of an alley and along the east line of said Five Points tract, a distance of 201.16 feet to a one-half inch steel rebar with cap marked AB&A, set on the proposed north right-of-way line of 981h Street for the POINT OF BEGINNING; 1. THENCE, SOUTH 01 degree 36 minutes 40 seconds WEST, continuing along the existing west right-of-way line of an alley and along the east line of said Five Points tract, a distance of 55.00 feet to a point in the south line of Section 13, Block E-2, said point also being the northeast corner of Section 19, Block E-2, the and northwest corner of Section 20, Block E-2,; 2. THENCE, NORTH 88 degrees 14 minutes 35 seconds WEST, along the common south line of Section 13, Block E-2, south line of said Five Points tract, and the north line of Section 19, Block E-2, a distance of 344.27 feet to the southwest corner of said Five Points tract; 3. THENCE, NORTH 01 degree 41 minutes 34 seconds EAST, departing said section line, along the west line of said Five Points tract, a distance of 54.84 feet to a one- half inch iron pin (a controlling monument) found on the proposed north right-of-way line of 98" Street, and same being in the existing east right-of-way line of an alley; EXHIBIT A County: Lubbock Account No: CSJ: Highway No: Parcel: 1 Grantor: Five Points Corporation Page 2 of 2 November 16, 1999 Revised April 19, 2000 Revised April 28, 2000 4. THENCE, SOUTH 88 degrees 16 minutes 09 seconds EAST, departing the alley and along the proposed north right-of-way line of 98" Street, a distance of 344.19 feet to the POINT OF BEGINNING and containing 0.4340 acres or 18,905 square feet of land, more or less. A plat of even survey date herewith accompanies this legal description. All bearings are on the NAD83 Texas State Plane Coordinate System, North Central Zone. Arredondo, Brunz & Associates, Inc. John F. Pierce Registered Professional Land Surveyor Texas Registration No. 2011 .. :0046 .............:... JOHN F. PIERCE 2011 pWFESS� 0�� SUR EXHIBIT B POWER LINE EASEMENT SECTION 13, BLOCK E LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A TEN FOOT POWER LINE EASEMENT IN THE SOUTHWEST QUARTER OF SECTION 13, BLOCK E-2, LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT 1.998 ACRE TRACT OF LAND DESCRIBED IN VOLUME 3645 PAGE 201 OF THE REAL PROPERTY RE- CORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A %2" IRON ROD WITH CAP SET FOR THE SOUTHEAST CORNER OF THIS TRACT IN THE PROPOSED NORTH RIGHT OF WAY LINE OF 98TH STREET FROM WHENCE THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 13 BEARS S 89°57'57" E A DISTANCE OF 17.34 FEET AND S 0°06'57"E A DISTANCE OF 55.00 FEET; THENCE N 89057'57" W, ALONG SAID PROPOSED RIGHT OF WAY LINE, A DISTANCE OF 10.00 FEET TO A W IRON ROD WITH CAP SET FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N 1046'35" E A DISTANCE OF 201.11 FEET TO A %a" IRON ROD WITH CAP SET IN THE SOUTH LINE OF A 20 FOOT ALLEY AS SHOWN ON THAT PLAT RECORDED IN VOLUME 1627 PAGE 958 OF SAID RECORDS FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE S 89057'57" E, ALONG THE SOUTH LINE OF SAID ALLEY, A DISTANCE OF 10.00 FEET TO A ''/i' IRON ROD WITH CAP SET FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S 1046'35" W A DISTANCE OF 201.11 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 INFOR- MATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. i�a�20Y 1 a v• fs0-1 +�►r �J6.1U .k �r ROBERT L. SMITH RP.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 NOT "PHYSICAL MONUMENTS OF RECORD DIGNITY" UNLESS SO NOTED. FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENTWITH RECORD DOCUMENTS. BEARINGS RELATIVE TO THE PLAT OF RECORD (VOLUME 1627 PAGE 958). RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY AFFECT THIS TRACT. JOB 00-0621 Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for October 12, 2000 Page 6 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT # Consider a resolution authorizing the Right-of-way Department to make an offer to the Five Points Corporation for an 18,905 sq. ft. tract of land and an overhead power line easement for L.P.&L. in Section 13, Block E-2, Lubbock County, 98 1h Street Widening Project. (3002 98`h Street). BACKGROUNDIDISCUSSION: This right-of-way taking and easement are needed for the 98`h Street Widening project from University Avenue westward to Indiana Avenue. This parcel is located along the north side of 98th Street just west of Elgin Avenue. This right- of-way taking measures approximately 55.00 feet by 344.23 feet and contains 18,905 sq. ft. Deck Goddard, the appraiser on this project, appraised this fee simple taking at $28,358 for the land and $6,120 for the improvements for a total of $34,478. The overhead power line easement measures approximately 10.00 feet by 201.11 feet and contains 2,010 -sq. ft. and was appraised for $2,412 for a total offer to Five Points Corporation of $36,890. 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 the Five Points Corporation.