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HomeMy WebLinkAboutResolution - 2000-R0398 - Right Of Way - Walter B. Mantooth -Milwaukee Ave - 11/07/2000Resolution No. 2000-R 0398 November 7, 2000 Item No. 28 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' Street to 34th 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 Walter B. Mantooth, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $31,200.00 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 , 2000. WINDY SITTON, MAYOR ATTEST: Kaythie arnell, City Secretary . ,2 - 2 ®3CIg APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way AgdA APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gstccdocs\MilwaukeeAveWidening-41° to 34St Octoer 24, 2000 •'i Resolution No. 2000—RO398 November 7, 2000 Item No. 28 County: Lubbock Highway No: Milwaukee Avenue Parcel No: 01 Grantor: Walter B. Mantooth EXHIBIT "A" Being 0.30 acres of land out of a 126.70 acre tract of land located in Section 10, Block JS, E. L. & R. R. R.R. Co. Survey, Lubbock County, Texas, said tract of land was conveyed by deed dated July 15, 1999 by George Eugene Umberson to Walter B. Mantooth and recorded in Volume 6359, Page 253 of the Real Property Records*of Lubbock County, Texas, which said 0.30 acres is more particularly described as follows; BEGINNING at a'/2" iron rod with cap, found in the existing West line of Milwaukee Avenue and the existing South Line of F.M. 2255 (41h Street), for the Northeast and beginning corner of this parcel, whence a railroad spike found for the Northeast corner of said Section 10, Block JS, bears South 87°31'34" East, 50.06 feet and North 02°21'02" East, 54.92 feet; (1) THENCE South 02°20'57" West, along the existing West line of said Milwaukee Avenue, 212.3.31 feet to a %2" iron rod with cap, found in the North line a 20 foot alley for the Southeast corner of this parcel; (2) THENCE North 87°42'58" West, along the North line of said 20 foot alley, 6.22 feet to a !2" Iron rod with cap, set in the proposed West Right -of -Way line of said Milwaukee Avenue for the Southwest corner of this parcel; (3) THENCE North 0221'23" East, along the proposed West Right -of -Way line of said Milwaukee Avenue 2103.37 feet to a '/2" iron rod with cap, set for a corner of this parcel; (4) THENCE Northwesterly, along the arc of a curve to the left and the proposed West Right -of -Way line of said Milwaukee Avenue, an arc distance of 31.37 feet to a /2 iron rod with cap, set in the South line of said 4th Street, for the Northwest corner of this parcel, said curve has a radius of 20.00 feet and a chord that bears North 42°35'05" West, 28.26 feet; 33,625 PARI.D©C s HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 70th St., Suite 202 - Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-1646 (5) 'THENCE South 87°31'34" East, along the existing South line of said 4°t' Street 25.90 feet to the Point of Beginning, of which contains an area of 0.30 acres. Bearings are grid bearings based on Interstate 27 control points as established by TXDOT 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 CIA REGISTERED P ESSIONAL LAND SURVEYOR •'i HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 70th St., Suite 202 + Lubbock, Texas 79413 (806)788-0020 + Fax(806)792-1646 2 I OF s +¢ Q w ••GARY D. WI! SON +q9 4239 P PARI.DOC Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for November 7, 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 Walter B. Mantooth for a 0.30 acre tract of land for the Milwaukee Avenue Widening Project, 4th Street to 34`h Street located in Section 10, Block JS, Lubbock County (402 Milwaukee Avenue). BACKGROUND/DISCUSSION: The City of Lubbock is in the beginning stages of acquiring right-of-way for the widening of Milwaukee Avenue from 4'h Street to 34`h Street. There will be approximately seven fee simple parcels and 5 drainage slope easements to be acquired. This first resolution is for a 0.30 -acre parcel of land for the west side of Milwaukee Avenue from 4'h Street southbound to about 10`h Street. Tommy Cantrell appraised this parcel and Shaw Wofford reviewed the appraisals. The 0.30 -acre (13,068 sq. ft.) fee simple taking was appraised for $31,200. Mr. Cantrell appraised 4,582 -sq. ft. of the taking that is commercial zoned at $6.00 per sq. ft. for $27,500. He appraised 7,093 sq. ft. of it that is residential zoned at $0.28 per sq. ft for $2,000, and appraised 1,393 sq. ft. that is church zoned at $1.25 per sq. ft. for $1,700 for a total offer to Mr. Mantooth of $31,200. 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 owner.