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Home My WebLink AboutResolution - 2000-R0273 - Right Of Way Offer - American State Bank And Its Successors - 08/24/2000Resolution No. 2000—R 0273 August 24, 2000 Item No. 25 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 North Frankford Widening 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 permanent drainage easement to 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: OWNER'S NAME AMOUNT American State Bank, Lubbock, Texas, and its successors, as Trustee $ 1,550.00 of The Randolph T. Mills Unitrust for Lois Mary Mills created under the terms and provisions of the Last Will and Testament of Randolph T. Mills, and American State Bank, Lubbock, Texas, and its successors, as Trustee of the Lois Mary Mills 1987 Management Trust dated March 24, 1994, as amended. 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 owners of above-described parcel of land being American State Bank, Lubbock, Texas, and its successors, as Trustee of The Randolph T. Mills Unitrust for Lois Mary Mills created under the terms and provisions of the Last Will and Testament of Randolph T. Mills, and American State Bank, Lubbock, Texas, and its successors, as Trustee of the Lois Mary Mills 1987 Management Trust dated March 24,1994, as amended 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 24th day of August , 2000. 4— WIN4SI 9Yt0—R ATTEST: -12d QAAli oath ACX Kaythiebarnell, City Secretary b �. APPROVED AS TO CONTENT: Cit Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/East-Drainage Easement-American&Bk-Mills ccdocs/August 7, 2000 County: Lubbock CSJ No.: 0783-02-069 Highway No.: F.M. 2528 Parcel No.: 4E Grantor: Lois Mary Mills EXHIBIT "A" Drainage Easement Resolution No. 2000-80273 August 24, 2000 Item No. 25 BEING 2322.58 M2 (25,000 square feet) of land out of Section 6, Block J -S, E.L. & R.R.R.R. Co. Survey, Abstract No. 1492, City of Lubbock, Lubbock County, Texas, and being a part of the land conveyed to Lois Mary Mills by Deed as recorded in Volume 4710, Page 186, Official Real Property Records of Lubbock County, Texas, said 2322.58 M2-(25,000 square feet) of land being more particularly described by metes and bounds as follows: - BEGINNING at a found ;4' iron rod with cap in the existing East right of way line of F.M. 2528, as recorded in Volume 982, Page 524 and being the South line of a tract of land conveyed to Lois Mary Mills in Volume 4710, Page 186, whence the Northwest comer of said Section 6, Block J -S bears North 8740'00" West, 18.288 meters (60.00 feet) and North 2020'47' East, 804.853 meters (264059 feet); (1) THENCE North 2020'47- East, along, the existing East right of way line of F.M. 2526 as recorded in Volume 982, Page 524, 15.240 meters (50.00 feet) to a 518" iron rod. with 2" aluminum cap, set for the Northwest comer of this easement; (2) THENCE South 87°40'00" East, 152.400 meters (500.00 feet)to a 51W iron rod with 2" aluminum cap, set for the Northeast comer of this easement; (3) . THENCE South 2°20'47' West, 15.240 meters (50.00 feet) to a W iron rod with cap, set in the South line of said tract of land conveyed to Lois Mary Mills in Volume 4710, Page 186 and being the North line of a 10 acre tract of landconveyed to Broadview Baptist Church in Volume 1533, Page 311, for the Southeast comer of this easement; (4) THENCE North 87040'00' West, along the South fine of the afore said tract of land conveyed to Lois Mary Mills in Volume 4710, Page 186, 152.400 meters (500.00 feet) to the point of beginning. X HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 70th St., Suite 202 • Lubbock, Texas 79413 (806) 788-0020 • Fax (806) 792-1646 4 1P X CONTAINING an area of 2322.58 N12 (25,000 square feet) of land. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND JUNE 9,2C AIQ`'G1� i T� FQ� 'z _ vs t Professional Land Surveyor SM /" ! 7 - ZO O O Note: English units are provided for information only. HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 70th St. Suite 202 • Lubbock. Texas 79413 (806)788-0020 • Fax(806)792-1646 Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for August 24, 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 American State Bank, Lubbock, Texas, and its successors, as Trustee of the Randolph T. Mills Unitrust for Lois Mary Mills created under the terms and provision of the Last Will and Testament of Randolph T. Mills, and American State Bank, Lubbock, Texas, and its successors, as Trustee of the Lois Mary Mills 1987 Management Trust dated March 24, 1994, as amended, for a drainage easement located in Section 6, Block J -S, Lubbock County, North Frankford Avenue widening project (1602 North Frankford Avenue). BACKGROUND/DISCUSSION: At the June 20, 2000 City Council meeting the City Council approved a contract for right-of-way procurement with the Texas Department of Transportation for the acquisition of drainage easements for TxDOT's North Frankford Avenue widening project. Originally, two drainage easements were to be acquired but due to a design change, only one will be needed. This 50 -foot by 500 -foot drainage easement to be acquired for TxDOT is located on the east side of North Frankford Avenue at the half section line. The City had Jim Bowman, MAI, appraise this easement for an offer to American State Bank as trustee of $1,550.00. This resolution being presented before the City Council asks for approval of this offer to this property owner for this parcel. This resolution authorizes the Right - of -Way Department to offer the property owner this appraised amount and if refused, institute condemnation proceedings to acquire this easement. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of our offer to the American State Bank as Trustee.