HomeMy WebLinkAboutResolution - 2000-R0028 - Right Of Way Offer - Huffaker Family - East-West Freeway Railroad Relocation - 02/10/2000Resolution No. 2000-R 0028
February 10, 2000
Item No. 26
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 and 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 as set forth in the preamble
hereof, to -wit: NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate and permanent
drainage easement to the following described parcels 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 11 & 11E Maurice Huffaker A/K/A M. J. Huffaker, $164,900
Wayne Huffaker, John Huffaker, Gerald Huffaker,
Roger Douglas Huffaker, Joyce Iva Huffaker A/K/A
Joyce Huffaker A/K/A Iva Joyce Huffaker; and Lloydine E.
Huffaker, Individually and as Independent Executrix of the
Estate of Donald Huffaker, deceased and as Trustee of those
certain Testamentary Trusts created under the Last Will and
Testatmentary Trusts created under the Last Will and
Testament Of Donald Huffaker, deceased.
SECTION 2. THAT the above-described parcels of land whose acquisition is
herein authorized is more particularly described as "Exhibit A" attached to this
Resolution and incorporated herein as part of this Resolution.
SECTION 3. THAT any and all offers previously made by the City of Lubbock
for the above-described property are hereby rescinded and revoked.
SECTION 4. THAT the owners of the above-described parcels of
land being Maurice Huffaker A/K/A M.J. Huffaker, Wayne Huffaker, John
Huffaker, Gerald Huffaker, Roger Douglas Huffaker, Joyce Iva Huffaker A/K/A
Joyce Huffaker A/K/A Iva Joyce Huffaker; and Lloydine E. Huffaker, Individually
and as Independent Executrix of the Estate of Donald Huffaker, deceased and as
Trustee of those certain Testamentary Trusts created under the Last Will and
Testament Of Donald Huffaker, deceased BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $164,900 indicated for this parcel,
which is the amount appraised as the value and total damages for the fee simple title and
acquisition of the surface estate of said real estate and permanent drainage easement 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, or its authorized
representatives, are hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title of the surface estate to any or all such
parcels as hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 10th day of February , 2000.
Max Ince, Mayor Pro Tem
ATTEST:
Kaythi¢ Aamell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs/ccdocs/East-West Freeway RR-HuffakerEstate.res
January 18, 2000
S'
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
County: Lubbock Resolution No. 2000-80028
Account No: 8005-1-20 February 10, 2000
CSJ No: 0380-01-053 Item No. 26
Highway No: U.S. 82 (Railroad Relocation)
Parcel No: 1RR11
Grantor: Maurice Huffaker A/K/A M.J. Huffaker, Wayne Huffaker, John
Huffaker, Gerald Huffaker, Roger Douglas Huffaker, Joyce Iva
Huffaker A/K/A Joyce Huffaker A/K/A Iva Joyce Huffaker and
Lloydine E. Huffaker;. Individually and as Independent Executrix
of the Estate of Donald Huffaker, deceased and as Trustee of those
certain Testamentary Trusts created under the Last Will and
Testament of Donald Huffaker, deceased.
Being 5.278 hectares (13.04 acres) of land out of the East'/2 of Section 3, Block D-6, H.E.
& W.T. RR Company Survey, Lubbock County, Texas, save and except that portion
thereof heretofore conveyed to others as described in Volume 1402, Page 302 of the Deed
Records of Lubbock County, Texas, said East '/z of Section 3, Block D-6 was conveyed by
deed dated September 13, 1974 by Richard P. Reese to W.C. Huffaker and recorded in
Volume 1402, Page 302 of the Deed Records of Lubbock County, Texas, which said 5.278
hectares (13.04 acres) is more particularly described as follows;
BEGINNING at a'/z" Iron Rod with Cap, set in the North line of the East '/z of said
Section 3, Block D-6, and in the proposed East Railroad Right -of -Way line, for the
Northeast and beginning corner of this parcel, whence a railroad spike found for the
Northeast corner of Section 3, Block D-6, bears South 87°36'19" East, 12.192 meters
(40.00 feet);
(1) THENCE South 02116'30" West, along the proposed East Railroad Right -of -Way
line, at a distance of 45.726 meters (150.02 feet), pass a '/z" Iron Rod with Cap, set at the
intersection of the West R.O.W. line of FM 179, the South R.O.W. line of FM 2255 and the
proposed East Railroad Right -of -Way line, continuing for a total distance of 75.971 meters
(249.25 feet) to a'/z" Iron Rod with Cap, set in the West R.O.W. line of FM 179 and the
proposed East Railroad Right -of -Way line, for a corner of this parcel,
PAR1RR11.D0C
1
(80.6) .7.92.-473.1 Fax (806) 792-1646 0 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
(2) THENCE Southwesterly, along the arc of a curve to the right and the proposed
East Railroad Right -of -Way line, an arc distance of 469.594 meters (1540.66 feet), to a'/2"
Iron Rod with Cap, set in the proposed Southerly Railroad Right -of -Way line, for a corner
of this parcel, said curve has a radius of 597.367 meters (1959.86 feet) and a chord that
bears South 24°46'34" West, 457.594 meters (1501.29 feet);
(3) THENCE South 47016'37" West, along the proposed Southerly Railroad Right -of -
Way line, a distance of 560.998 meters (1:840.54 feet), to a'/2" iron Rod with Cap, set in
the proposed Southerly Railroad Right -of -Way line, for a corner of this parcel,
(4) THENCE Southwesterly along the arc of a curve to the left and the proposed
Southerly Railroad Right -of -Way line, an arc distance of 442.357 meters (1451.30 feet), to
a'/2" Iron Rod with Cap set, in the proposed East Railroad Right -of -Way line, for a corner
of this parcel, said curve has a radius of 566.886 meters (1859.86 feet) and a chord that
bears South 24°54'48" West 431.220 meters (1414.76 feet);
(5) THENCE South 02032'58" West, along the proposed East Railroad Right -of -Way
line, a distance of 183.042 meters ( 600.53 feet ), to a 1/2" Iron Rod with Cap, set in the
North line of a tract of land described in Volume 856, Page 315, Deed Records of Lubbock
County, Texas and in the proposed East Railroad Right -of -Way line, for the Southeast
corner of this parcel ;
(6) THENCE North 87°38'23" West .along the North line of said tract of land
described in Volume 856, Page 315, Deed Records of'Lubbock County, Texas, a distance.
of 30.480 meters (100.00 feet), to a '/2" Iron Rod with Cap, set in the proposed West
Railroad Right -of -Way line, for the Southwest corner of this parcel;
(7) THENCE North 02°32'58" East, along the proposed West Railroad Right -of -Way
line, a distance of 183.057 meters (600.58 feet), to a'/z" Iron Rod with Cap, set in the
proposed West Railroad Right -of --Way line, for a corner of this parcel;
PAR1RR11.DOC
2
(806) 792-4731 - Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
. 0 r
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS * NEW MEXICO • ARIZONA* NEVADA* UTAH
(8) THENCE Northeasterly along the arc of a curve to the right and the proposed
Northerly Railroad Right -of -Way line, an arc distance of 466.330 meters (1529.95 feet), to
a '/z" Iron Rod with Cap, set in the proposed Northerly Railroad Right -of -Way line, for a
corner of this parcel, said curve has a radius of 597.367 meters (1959.86 feet) and a chord
that bears North 24°54'48" East, 454.580 meters (1491.40 feet
(9) THENCE North 47°16'37" East, along the proposed Northerly Railroad Right -of -
Way line, a distance of , 561.107 meters (1840.90 feet), to a '/2" Iron Rod with Cap, set in
the proposed Northerly Railroad Right -of -Way line, for a corner of this parcel;
(10) THENCE Northeasterly, along the arc of a curve to the left, and the proposed
Westerly Railroad Right -of -Way line, an arc distance of 445.253 meters (1460.80' feet), to
a 1/2" Iron Rod with Cap, set in the proposed West Railroad Right -of -Way line, for a corner
of this parcel, said curve has a radius of 566.886 meters (1859.86 feet) and a chord that
bears North 24°46'34" East, 433.896 meters (1423.54 feet);
(11) THENCE North 02°16'30" East, along the proposed West Railroad Right -of -Way
line, at a distance of 45.751 meters (150.10 feet), pass a'/2" Iron Rod with Cap, set in the
South R.O.W. line of FM 2255 and in the proposed West Railroad Right -of -Way line,
continuing for a total distance of 76.237 meters (250.12 feet), to a '/z" Iron Rod with Cap,
set in the North line of said East 1/2 of Section 3, Block D-6, for the Northwest corner of
this parcel;
(12) THENCE South 87'36'19" East, along the North line of said East '/2 of Section 3, .
Block D-6, a distance of 30.480 meters (100.00 feet), to the P.O.B.
A plat of even survey date herewith accompanies this legal
SURVEYED ON THE GROUND MARCH ,1998 oi�o�•9�osa'
GARY D. WILSON
........................
REGISTERED PROPESSIONAL LAND SURVEYOR 9y0'SUR�Jo
Note: English units are provided /O_rin?f_on2a_tion only. PAR1RR11.D0C
3
(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
County: Lubbock
Account No: 8005-1-20
CSJ No: 0380-01-053
Resolution No. 2000-R 0028
February 10, 2000
Item No. 26
Highway No: U.S. 82 (Railroad Relocation)
Parcel No: IRR11(E)
Grantor: Maurice Huffaker A/K/A M.J. Huffaker, Wayne Huffaker, John
Huffaker, Gerald Huffaker, Roger Douglas Huffaker, Joyce Iva
Huffaker A/K/A Joyce Huffaker A/K/A Iva Joyce Huffaker and
Lloydine E. Huffaker, Individually and as Independent Executrix
of the Estate of Donald Huffaker, deceased and as Trustee of those
certain Testamentary Trusts created under the Last Will and
Testament of Donald Huffaker, deceased.
EXHIBIT "A"
Drainage Easement
Being 0.05 hectares (0.13 acres) of land out of the East '/z of Section 3, Block D-6, H.E. &
W.T. RR Company Survey, Lubbock County, Texas, save and except that portion thereof
heretofore conveyed to others as described in Volume 1402, Page 302 of the Deed Records
of Lubbock County, Texas, said East 'h of Section 3, Block D-6 was conveyed by deed
dated September 13, 1974 by Richard P. Reese to W.C. Huffaker and recorded in Volume
1402, Page 302 of the Deed Records of Lubbock County, Texas, which said 0.05 hectares
(0.13 acres) is more particularly described as follows;
BEGINNING at a'/2" Iron Rod with Cap, set in the proposed East Railroad Right -of -Way
line, for the Southwest and beginning corner of this parcel, whence Southeast corner of
Section 3, Block D-6, bears South 02°32'58" West, 297.720 meters (976.77 feet) and South
87°38'23" East, 751.490 meters (2465.51 feet);
(1) THENCE North 02°32'58" East, along the proposed East Railroad Right -of -Way
line, a distance of 14.865 meters (48.77 feet), to a'/Z" Iron Rod with Cap, set for the P.C. of
a curve to the right, and for a corner of this parcel,
(2) THENCE Northeasterly, along the arc of a curve to the right and the proposed East
Railroad Right -of -Way line, an arc distance of 2.566 meters (8.42 feet), to a '/Z" Iron Rod
with Cap, set in the proposed Easterly Railroad Right -of -Way line, for the Northwest
corner of this parcel, said curve has a radius of 566.984 meters (1860.18 feet) and a chord
that bears North 02°4FI 5" East, 2.566 meters (8.42 feet);
, 1
(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 71 °30'25" East,_ a. distance of 34.644 meters (113.66 feet), to a
'/2" Iron Rod with Cap, set for the Northeast corner of this parcel,
(4) THENCE South 18°2935" West, a distance of 16.764 meters ( 55.00 feet ), to a
'/2" Iron Rod with Cap, set for the Southeast corner of this parcel ;
(5) THENCE North 71030'25" West,`a distance of 29.861 meters (97.97 feet), to the
point of beginning.
A plat of even survey date herewith accompanies this legal description
SURVEYED ON THE GROUND MAY ,1999 y.�Q'�o�'s r
..
GARY D. WILSON
........................ 0q9 4239 Q'
REGISTERED "SIONAL LAND SURVEYOR s'u"Rv�
Note: English units are provided for information only. PAR1RR11E.D0C
2
(806) 792-4731 a Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413
CITY OF LUBBOCK
INTEROFFICE MEMO
TO: Larry Hertel, City Engineer
FROM: Ed Bucy, Right -of -Way Agent
DATE: January 28, 2000
SUBJECT: Agenda Items and Comments for City Council
Meeting on February 10, 2000
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
CONSENT AGENDA
ITEM #/SUBJECT:
# Consider a resolution authorizing the Mayor to execute a street -use license
with Michael A. Brookes for a building encroachment (1601 Erskine
Avenue).
BACKGROUND/DISCUSSION:
At the southwest corner of Avenue P and Erskine Avenue is the old Jack Fry
Lumberyard Company office. This property is about to be sold and a new survey
indicated that the office building encroaches in to the west right-of-way of
Avenue P in an area 4.50 feet by 72.50 feet. This street -use license will cover
the area of Avenue P that this building is built on.
This license will be for 20 -years, payable every 5 years in advance. The
minimum fee of $50.00 per year will be charged for this encroachment.
SUMMARY/RECOMMENDATION:
The Right -of -Way Department recommends the approval of this street -use
license.
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for Februaryl0, 2000
Page 2
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #/SUBJECT:
# Consider a resolution authorizing the Mayor to execute an easement for an
equipment station with Southwestern Bell Telephone Company (2901
Elgin).
BACKGROUND/DISCUSSION:
This resolution grants Southwestern Bell an easement to install a telephone
equipment control panel on a 20 -foot by 20 -foot tract of City property along the
north side of Lot 1, Elgin Avenue Sub Addition. This tract of City property was
acquired several years ago for an L.P.& L. substation at 29' Street and Elgin
Avenue. Along the north side of this property is a 20 -foot east -west alley and
Southwestern Bell will install this equipment station adjacent to the east side of
this alley. Southwestern Bell will pay the City $2,500 for this easement which is
well within the market value of property in this area.
SUMMARY/RECOMMENDATION:
The Right -of -Way Department recommends the approval of this easement with
Southwestern Bell.
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for February10, 2000
Page 3
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #/SUBJECT:
# Consider a resolution authorizing the Mayor to execute an easement for an
equipment station with Southwestern Bell Telephone Company (3309
Milwaukee Avenue).
BACKGROUNDIDISCUSSION:
This resolution grants Southwestern Bell an easement to install a telephone
equipment control panel on a 20 -foot by 23 -foot tract of City property at the
southeast comer of Lot 136, West Side Addition. The City purchased Lot 136
several years ago for the Milwaukee Avenue widening project and Southwestern
Bell will place their equipment station on the southeast comer of the lot which is
not needed for the widening project. Southwestern Bell will pay the City $2,500
for this easement which is well within the market value of property in this area.
SUMMARY/RECOMMENDATION:
The Right -of -Way Department recommends the approval of this easement with
Southwestern Bell.
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #/SUBJECT:
# Consider 1 resolution authorizing the Right -of -Way Department to make
offers to 7 property owners for 2 parcels of right-of-way for the East-West
Freeway Railroad Relocation (north of 191' Street, west of FM 179, south of
4' Street).
iii.,µ W. it r ■.
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for February10, 2000
Page 4
BACKGROUND/DISCUSSION:
This item was placed on the November 11, 1999 City Council meeting for
approval, but since that time one of the property owners passed away and this
new resolution adds a new property owner.
These 2 parcels of right-of-way 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 RR 11 and 1 RR 11(E) — Maurice Huffaker,
a/k/a M.J. Huffaker, Wayne Huffaker, John Huffaker, Gerald Huffaker, Lloydine
E. Huffaker, individually and as independent executrix of the Estate of Donald
Lee Huffaker, Roger Douglas Huffaker, Joyce Iva Huffaker, a/k/a Joyce Huffaker,
a/k/a Iva Joyce Huffaker. 1 RR 11 is a 13.04 -acre fee simple taking and 1 RR 11
(E) is a 0.13 -acre drainage easement. These two parcels were appraised by
Tommy Cantrell and reviewed by Jimmy Goddard. These two parcels are
located in the half -section of land north of 19"' Street, west of FM 179 (Inler
Avenue) and south of 4"' Street. 1 RR 11, the 13.04 -acre fee simple taking, was
appraised for a total offer of $164,815, $27,405 was the value placed on the land
and $137,410 was the value placed on the damages. 1 RR 11(E), the 0.13 -acre
drainage easement, was appraised for an offer of $85.00. Total offer to the
Huffaker family for both parcels is $164,900.00.
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