HomeMy WebLinkAboutResolution - 6398 - Right Of Way Offer - Clifton J & Kathy L Lehman - East-West Railroad Relocation - 06/24/1999Resolution No. 6398
June 24, 1999
Item No. 19
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 fmds 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
IRR -29 Clifton John Lehman and wife, $11,000
Kathy Lynne Lehman
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for the above described property are hereby rescinded and revoked.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 owners of the above-described parcel of land being Clifton John
Lehman and wife, Kathy Lynne Lehman BE offered through the Right -of -Way Department
of the City of Lubbock the amount of $11,000 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 24th day of June '1999.
WINDYCIA" &d2�
SITT , MAYUR
A EST:
KaylVamell, 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— Clifton & Kathy Lehman -res
February 9, 1999
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
(31obal Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
Resolution No. 6398
County: Lubbock June 24, 1999
Account No: 8005-01-20 Item No. 19
CSJ No: 0380-01-053
Highway No: U.S. 82 (Railroad Relocation)
Parcel No: 1RR29
Grantor: Clifton John Lehman & wife, Kathy Lynne Lehman
EXHIBIT "A"
Being 0.25 hectares (0.63 acres) of land out of a tract of 5.0 acres out of a Northwest 160 acres
of Section 19, Block JS, E.L. & R.R. RR. Co. Survey, Lubbock County, Texas, described by
metes and bounds in Volume 1618, Page 18 and Volume 2747, Page 120, of the Deed Records
of Lubbock County, Texas, of which an undivided one-fifth (1/5) interest to said 5.0 acre tract of
land was conveyed by a deed dated March 10, 1980 by Melvin Lee Lehman and wife, Ludy Mae
Lehman to Clifton John Lehman and wife, Kathy Lynne Lehman and recorded in Volume 1681,
Page 18 of the Deed Records of Lubbock County, Texas and of which an undivided four-fifths
(4/5) interest to said 5.0 acre tract of land was conveyed by a deed dated February 22, 1988 by
Melvin Lee Lehman, a single man of the County of Lynn, State of Texas and Ludy Mae Lehman,
a single person, to Clifton John Lehman and wife, Kathy Lynne Lehman and recorded in Volume
2747, Page 120 of the Deed Records of Lubbock County, Texas, which said 0.25 hectares (0.63
acres) is more particularly described as follows;
BEGINNING at a 1/2" Iron Rod with Cap, set in the North line of said 5.0 acre tract of land and
in the proposed Westerly Railroad Right -of -Way line, for the Northwest and beginning corner of
this parcel, whence the Northwest corner of Section 19, Block JS, bears North 8732'03" West,
440.385 meters (1,444.83 feet) and North 02°02'12" East, 502.357 meters (1648.15 feet);
(1) THENCE South 87°32'03" East, along the North line of said 5.0 acre tract of land, .a
distance of 19.486 meters (63.93 feet) to a 1-1/4"' Iron Pipe, found in the North line of said 5.0
acre tract of land, for a corner of this parcel;
(2) THENCE South 87039'53" East, along the North line of said 5.0 acre tract of land, a
distance of 11.186 meters (36.70 feet) to a '/Z" Iron Rod with Cap, set in the North line of said
5.0 acre tract of land and in the proposed Easterly Railroad Right -of -Way line, for the Northeast
corner of this parcel; PAR1RR29.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 Southwesterly, along the arc of a curve to the left and the proposed Easterly
Railroad Right -of -Way line, an arc distance of 84,024 meters (275.67 feet) to a'/z" Iron Rod with
Cap, set in the South line of said 5.0 acre tract of land and in the proposed Easterly Railroad
Right -of -Way- line, for the Southeast corner of this parcel, said curve has a radius of 1149.046
meters (3769.83 feet) and a chord that bears South 06°47'58" West, 84.006 meters (275.61 feet);
(4) THENCE North 87°37'31" West, along the South line of said 5.0 acre tract of land, a
distance of 30.504 meters (100.08 feet), to a 1/2" Iron Rod with Cap, set in the South line of said
5.0 acre tract of land and in the proposed Westerly Railroad Right -of -Way line, for the
Southwest corner of this parcel;
(5) THENCE Northeasterly, along the arc of a curve to the right and the proposed Westerly
Railroad Right -of -Way line, an arc distance of 84.034 meters (275.70 feet). to the P.O.B., said
curve has a radius of 1179.526 meters (3869.83 feet) and a chord that bears North 06°41'07"
East, 84.015 meters (275.64 feet).
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND MARCH, 1998
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Note: English units are provided for information only.
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PAR1RR29.D0C
(806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413