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Home My WebLink AboutResolution - 2000-R0075 - Right Of Way Offer - Smiley, Minnick, Taylor - East-West Freeway Relocation - 03/23/2000Resolution No. 2000-80075 March 23, 2000 Item No. 20 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 fee simple title of the surface estate and the easement interests 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 1RR 48 John D. Smiley and wife, Gail Smiley, $87,200 Lois Mae Townsend Minnick, James E. Taylor, Jr.; Walter J. Taylor; and Mary Jane Taylor Crook SECTION 2. THAT the above-described parcels of land and easement interests 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 and easement interests being John D. Smiley and wife, Gail Smiley, Lois Mae Townsend Minnick, James E. Taylor, Jr.; Walter J. Taylor; and Mary Jane Taylor Crook BE offered through the Right -of -Way Department of the City of Lubbock the amount of $87,200 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 and easement interests of said real estate, 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 and easement interests to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 23rd da of March 2000. S0014, YO ATTEST: Darnell City Sycretary APPROVED AS TO CONTENT: 4,e�. 6 t-:!� Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/East-West Freeway Railroad-Smiley,Minnick,Taylor ccdocs/March 8, 2000 Resolution No. 2000—R00 75 March 23, 2000 Item No. 20 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 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1RR48 Grantor: James Elliott Taylor JR., Walter J. Taylor, -Mary Jane Taylor Crook Easement Interest Lois. Mae Townsend Minnick, John D. Smiley & wife, Gail Smiley EXHIBIT "A" Being 0.61 hectares (1.51 acres) out of a 17.49 acre tract of land, more or less, being out of the East '/z of Section 23, Block J -S, E.L.& R.R. RR. Co. Survey, Abstract 345, Lubbock County, Texas, as described in Volume 4128, Page 309 of the Official Real Property Records of Lubbock County, Texas, said tract of land was conveyed by deed dated August 25, 1966 by Elvie Stokes, eta]. to J. Elliot Taylor recorded in Volume 1098, Page 663 of the Deed Records of Lubbock County, Texas, which said 0.61 hectares (1.51 acres) is more particularly described as follows; BEGINNING at a R.R. spike set in the East line of said 17.49 acre tract of land, more or less and the East line of Section 23, Block J -S and in the proposed South Railroad Right -of -Way line, for the Southeast and beginning comer of this parcel, whence the Southeast corner of Section 23, Block J -S, bears South 02019108" West, 632.795 meters ( 2076.09 feet); (1) THENCE North 87°42'28" West, along the proposed South Railroad Right -of -Way line, at a distance of 18.288 meters (60.00 feet) pass a '/z" Iron Rod with Cap, set in the West Right - of -Way Easement line of FM 2528, recorded in Volume 1045, Page 454 of the Deed Records of Lubbock County, Texas and continuing for a total distance of 130.630 meters (428.58 feet) to a ''/s" Iron Rod with Cap, set in the proposed South Railroad Right -of -Way line, for a corner of this parcel; (2) THENCE Northwesterly, along the arc of a curve to the right and the proposed Southerly Railroad Right -of -Way line, an arc distance of 70.321 meters (230.71 feet), to a '/Z" Iron Rod with Cap, set in the West line of said 17.49 acre tract of land, more or less and in the proposed Southerly Railroad Right -of -Way line, for the Southwest corner of this parcel, said curve has a radius of 582.126 meters (1909.86 feet) and a chord that bears North 84°14'49" West, 70.278 meters (230.57 feet); PAR1RR48.D0C (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 North 02024'13" East, along the West line of said 17.49 acre tract of land, more or less, out of the East '/2 of Section 23, Block J -S, a distance of 30.709 meters (100.75 feet), to a ''/s" Iron Rod with Cap, set in the West line of said 17.49 acre tract of land, more or less, out of the East '/Z of Section 23, Block J -S and in the proposed Northerly Railroad Right -of - Way line, for the Northwest corner of this parcel; (4) THENCE Southeasterly, along the arc of a curve to the left and the proposed Northerly Railroad Right -of -Way line, an arc distance of 70.281 meters (230.58 feet), to a '/i" 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 551.646 meters (1809.86 feet) and a chord that bears South 84°03'28" East, 70.233 meters (230.42 feet); (5) THENCE South 87142'28" East, along the proposed North Railroad Right -of -Way line, at a distance of 112.356 meters (368.62 feet) pass a'/Z" Iron Rod with Cap, set in the West Right - of -Way Easement line of FM 2528, recorded in Volume 1045, Page 454 of the Deed Records of Lubbock County, Texas and continuing for a total distance of 130.644 meters (428.62 feet) to a R.R spike set in the East line of Section 23, Block J -S and in the proposed North Railroad Right - of -Way line, for the Northeast comer of this parcel; (6) THENCE South 02°19'08" West, along the East line of said 17.49 acre tract of land, more or less, out of the East %z of Section 23, Block J -S and the East line of Section 23, Block J- S, a distance of 30.480 meters (100.00 feet), to the P.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER 1998 , :"�,..........' ................... •GARY Q. WILS0N1 .............: ...•irr. 4239v REGISTERED PROF SIONAL LAND SURVEYOR l Fss� •• ' i,, i Note: English units are provided for information only PARI RR48.DOC (806) 792-4731 • 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: March 10, 2000 SUBJECT: Agenda Items and Comments for City Council Meeting on March 23, 2000 CITY OF LUBBOCK AGENDA ITEM SUMMARY CONSENT AGENDA ORDINANCE # 2000-00015 ITEM #/SUBJECT # An ordinance abandoning and closing a down guy easement located in the High Plains Addition to the City of Lubbock (2605 82"d Street). BACKGROUND/DISCUSSION: This ordinance was read at the March 3, 2000 City Council meting as a consent item. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of the second reading of this ordinance. Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for March 23, 2000 Page 2 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 2 parcels of right-of-way for the East-West Freeway Railroad relocation (north of Kent Street and west of North Frankford Avenue). BACKGROUND/DISCUSSION: 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 RR47 — James Elliot Taylor, Jr., 1 RR48 — James E. Taylor, Jr., Walter J. Taylor, Mary Jane Taylor Crook, Lois Mae Minnick, John D. Smiley, and Gail Smiley. These parcels were appraised by Tommy Cantrell and reviewed by Jimmy Goddard. These two parcels are just west of North Frankford Avenue north of Kent Street. Parcel 1 RR47 contains 1.55 acres and was appraised for a total offer of $23,500, $3,100 was the value placed on the land and $20,400 was the value placed on the damages. 1 RR48 was split into three parts. 1 RR48A is owned by the Taylor's and contains 1.51 acres and was appraised for a total offer of $41,300, $9,815 was the value placed on the land taking and $31,485 was the value placed on the damages. 1 RR48B owned by Mrs. Minnick and 1 RR48C owned by the Smiley's are easement owners in parcel 1 RR48 owned by the Taylor's. This is an ingress - egress easement which connects their property to Frankford Avenue across the Taylor's and which the railroad bisects. Parcel 1 RR48B easement taking was appraised for a total offer of $23,300, $120 was for the easement taking, $500 for the improvements, and $22,680 for the damages. Parcel 1 RR48C easement taking was appraised for a total offer of $22,600, $120 was for the easement taking, $500 for the improvements, and $21,980 for the damages. TxDOT requested 1 RR48A, B, and C be combined for a total offer of $87,200 to the six property and easement interest owners of 1 RR48. Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for March 23, 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. 6 L4c_� Ed Bucy Right -of Way Agent