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HomeMy WebLinkAboutResolution - 2000-R0076 - Right Of Way Offer - James Elliott Taylor Jr. - East-West Freeway Relocation - 03/23/2000Resolution No. 2000-R00 76 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 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 to 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 1RR 47 James Elliot Taylor, Jr. $23,500 SECTION 2. THAT the above-described parcel 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 owner of the above-described parcel of land being James Elliott Taylor, Jr. BE offered through the Right -of -Way Department of the City of Lubbock the amount of $23,500 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, 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 23rd day of Marc , 2000. WINDY SI ON, EAYOi A EST: a Darnell Citylgecretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way A nt APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/East-West Freeway Railroad -Taylor, James Elliott, Jr. ccdocs/March 8, 2000 Resolution No. 2000-R00 76 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: 1 RR47 Grantor: James Elliott Taylor JR. EXHIBIT "A" Being 0.63 hectares (1.55 acres) out of a 68.63 acre tract of land, more or less, being out of the East '/i of Section 23, Block J -S, E.L.& R.R. RR. Co. Survey, Abstract 345, Lubbock County, Texas, described by Partition Deed recorded in Volume 5534, Page 234 of the Official Real Property Records of Lubbock County, Texas, said tract of land was conveyed by deed dated June 30, 1997 by Walter J. Taylor and Mary Jane Taylor Crook and recorded in Volume 5534, Page 234 of the Official Real Property Records of Lubbock County, Texas, which said 0.63 hectares (1.55 acres) is more particularly described as follows; BEGINNING at a 1/2" Iron Rod with Cap, set in the West line of said 68.63 acre tract of land, more or less, out of the East '/Z of Section 23, Block J -S and in the proposed Southerly Railroad Right -of -Way line, for the Southwest and beginning corner of this�parcel, whence the Southeast corner of Section 23, Block J -S, bears South 02123'53" West, 679.932 meters (2230.74 feet) and South 87035'06" East, 402.831 meters (1321.62 feet); (1) THENCE North 02023'53" East, along the West line of said 68.63 acre tract of land, more or less, out of the East '/2 of Section 23, Block J -S a distance of 31.303 meters (102.70 feet) to a'/Z" Iron Rod with Cap, set in the West line of said 68.63 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 a comer of this parcel; (2) THENCE South 74126'14" East, along the proposed Northerly Railroad Right -of -Way line, a distance of 148.517 meters (487.26 feet), to a '/z" Iron Rod with Cap, set in the proposed Northerly Railroad Right -of -Way line, for a corner of this parcel; PARI RR47.DOC (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 Southeasterly, along the arc of a curve to the left and the proposed Northerly Railroad Right -of -Way line, an arc distance of 57.488 meters (188.61 feet), to a '/i" Iron Rod with Cap, set in the East line of said 68.63 acre tract of land, more or less, out of the East '/� of Section 23, Block J -S and in the proposed Northerly Railroad Right -of -Way line, for the Northeast corner of this parcel, said curve has a radius of 551.646 meters (1809.86 feet) and a chord that bears South 77°2521" East, 57.462 meters (188.52 feet) ; (4) THENCE South 02'24'13" West, along the East line of said 68.63 acre tract of land, more or less, out of the East '/z of Section 23, Block J -S, a distance of 30.709 meters (100.75 feet), to a '/z" Iron Rod with Cap, set in the East line of said 68.63 acre tract of land, more or less, out of the East '/2 of Section 23, Block J -S and in the proposed Southerly Railroad Right -of - Way line, for the Southeast comer of this parcel; (5) THENCE Northwesterly, along the arc of a curve to the right and the proposed Southerly Railroad Right -of -Way line, an arc distance of 64.507 meters (211.64 feet), to a '/z" Iron Rod with Cap, set in the proposed Southerly Railroad Right -of -Way line, for a comer of this parcel, said curve has a radius of 582.126 meters (1909.86 feet) and a chord that bears North 77°36'42" West, 64.474 meters (211.53 feet); - (6) THENCE North 74-26'14" West, along the proposed Southerly Railroad Right -of -Way line, a distance of 141.388 meters (463.87 feet), to the P.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER ,1998 GARY D. WILSON ................. 4239 ' '✓�t= ' REGISTERED PRO S IONAL LAND SURVEYOR :. H;n:...... : - s�sR*; Note: English units are provided for information only. PAR1RR47. DOC 2 (806) 792-4731 • Fax (806) 792-1646 •3330 70th Street, Suite 201 • Lubbock, Texas 79413