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HomeMy WebLinkAboutResolution - 2000-R0002 - Right Of Way Offer - Estates Trust Inc. - East-West Freeway Railroad Relocation - 01/13/2000Resolution No. 2000-R Jan. 13, 2000 Item No. 18 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 the East-West Freeway Railroad Relocation Project, 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 land 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 permanent drainage easement to each of the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT IRR -53 (E) Estates Trust, Inc. $11,483.00 SECTION 2. THAT the above-described parcel of land whose acquisition is herein authorized is more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the above-described parcel of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of permanent drainage easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the 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 easement title to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of ATTEST: KaythidUDarnell City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/East-West Freeway Railroad -Estates Trust ccdocs/December 13, 1999 s WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW'MEXICO - ARIZONA NEVADA • UTAH Resolution No. 2000-80002 Jan. 13, 2000 County: Lubbock Item No. la Account No: 8005-01-20 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1RR53(E) Grantor: Estates Trust, Inc. EXHIBIT "A" Drainage Easement Being 0.72 hectares (1.77 acres) of land out of a 138.08 acre tract of land out of Sections 35 and 38, Block AK, Lubbock County, Texas described by. metes and bounds in Volume 3790, Page 137 of the Official Real Property Records of Lubbock County, Texas said 138.08 acre tract of land out of Sections 35 and 38, Block AK, Lubbock County, Texas was conveyed by a deed dated February 12, 1992 by Lester Shaver and wife, Carol Shaver to Estates Trust, Inc. and recorded in Volume 3790, Page 137 of the Official Real Property Records of Lubbock County, Texas, which said 0.72 hectares (1.77 acres) is more particularly described as follows: BEGINNING at a'/z" Iron Rod with Cap, set in the East line of said 138.08 acre tract described in Volume 3790, Page 137 and being the Southeast and beginning comer of this parcel, whence the Northwest comer of Section 35, Block AK, bears North 2°29'16" East, 82.540 meters (270.80 feet). and North 87°30'33" East, 1477.417 meters (4,847.16 feet); (1) THENCE North 87031'00" West, along the proposed South drainage easement line, a distance of 15.313 meters (50.24 feet) to a'/z" Iron Rod with Cap, set for the Southwest corner of this parcel; (2) THENCE North 02°29'00" East, along the proposed West drainage easement line, a distance of 466.909 meters (1531.85 feet) to a '/Z" Iron Rod with Cap, set in the North line of said 138.08 acre tract described in. Volume 3790, Page 137, for the Northwest corner of this parcel; i (806) 792-4731 - Fax (806) 792-1646 3330 70th Street, Suite 201 - Lubbock, Texas 79413 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA * NEVADA • UTAH (3) THENCE South 87°34'05" East, along the North line of said 138.08 acre tract described in Volume 3790, Page 137, a distance of 15.350 meters (50.36 feet) to a 3/8" Iron Rod, found for the Northeast corner of said 138.08 acre tract described in Volume 3790, Page 137 and for the Northeast corner of this parcel; (4) THENCE South 02°29' 16" West, along the East line of said 138.08 acre tract as described in Volume 3790, Page 137, a distance of 466.924 meters (1,531.90 feet) to the point of beginning. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND MARCH, 1999 REGISTERED ••ii • s SURVEYOR Note: English units are provided for information only. 7 E 2t. r, 5�9F.F9s co .•a`� ©: .......... ; .. .0........ GARY D. WILSON ................... ....:;,9 4239 :4 I (806) 792-4731 a Fax (806) 792-1646 * 3330 70th Street, Suite 201 - Lubbock, Texas 7941.3 1 b , A . Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for January 13, 2000 Page 2 SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of this street -use license. CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT: # Consider 2 resolutions authorizing the Right -of -Way Department to make offers to 6 property owners for 1 parcel of right-of-way and one drainage easement for the East-West Freeway Railroad relocation (500, Street at Milwaukee Avenue, and the 5600 Block of the Clovis Highway [US 84]). BACKGROUNDIDISCUSSION: This one parcel of right-of-way and one drainage easement are needed for the railroad route around west Lubbock in conjunction with the East-West Freeway project. These parcel numbers and property owners are: 1 RR53 (E) — Estates Trust, Inc., 1 RR56-Nancy Hughes, Edith Shobe, the First Christian Church of Lubbock, Texas, Helen Hodges Educational Charitable Trust, and Kerwin Stephens. Merle Blosser appraised Parcel 1 RR53(E) and Tommy Cantrell appraised Parcel 1 RR56. Parcel 1 RR53(E) is located just north of 501' Street and west of Milwaukee Avenue and contains 1.77 acres and is needed for a drainage easement. This parcel was appraised for a total offer of $11,483; $3,983.00 for the easement, $6,750.00 for the improvements in the drainage easement, and $750.00 for the easement damages. Parcel 1 RR56 is located along the north side of Clovis Road, just east of Frankford Avenue. This parcel is located where the West Texas and Lubbock Railroad will tie into the existing BNSF trackage and contains 0.51 acres.. This parcel was appraised for a total offer of $4,450; $3,825 for the fee simple taking and $625 for damages. Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for January 13, 2000 Page 3 These resolutions being presented before the City Council ask for approval of these offers to these property owners for these parcels. These resolutions authorize the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire these properties. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of our offers to these property owners. Ed Bucy Right -of Way Agent