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HomeMy WebLinkAboutResolution - 6467 - Right Of Way Offer - Bobby G Day - E-W Freeway Railroad Relocation Project - 08/26/1999Resolution No. 6467 Aug. 26, 1999 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 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 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 45 Bobby G. Day $30,200.00 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 THAT any and all offers previously made by the City of Lubbock for the above-described property are hereby rescinded and revoked.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 Bobby G. Day BE offered through the Right -of -Way Department of the City of Lubbock the amount of $30,200 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 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 26th day of August 1999. WINDY SI ON, YOR A ST: _&i L LIU ythi2erry arnell City APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa34kgent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/East-West Freeway Railroad -Day, Bobby G ccdocs/August 9, 1999 .. 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: 1RR45 Grantor: Bobby G. Day EXHIBIT "A" Resolution No. 6467 Being 1.47 hectares (3.62 acres) of land out of a 127.85 acre tract of land more or less, out of the West 1/2 of Section 23, Block J -S, E.L. & R. R. R.R. Co. Survey, Abstract 345, Lubbock County, Texas, said tract of land was conveyed by deed dated June 24, 1996 by R.A. Noret and wife, Sarah Noret to Bobby G. Day and recorded in Volume 5210, Page 20, of the Official Real Property Records of Lubbock County, Texas, which said 1.47 hectares (3.62 acres) is more particularly described as follows; BEGINNING at a'/Z" Iron Rod with Cap, set in the West line of said tract of land out of Section 23, Block J -S, and in the proposed North Railroad Right -of -Way line, for the Northwest and beginning comer of this parcel, whence the Northwest corner of said Section 23, Block J -S, bears North 02°2239" East, 822.739 meters (2699.27 feet) and North 87°37'43" West, 323.345 meters (1060.84 feet); (1) THENCE South 87°2921" East, along the proposed North Railroad Right -of Way line, a distance of 480.396 meters (1576.10 feet), to a'/z" Iron Rod with Cap, set in East line of said tract of land out of Section 23, Block J -S and in the proposed North Railroad Right -of -Way line, for the Northeast comer of this parcel; (2) ` THENCE South 02°22'28" West, along the East line of the said tract of land out of Section 23, Block J -S, a distance of 30.480 meters (100.00 feet), to a'/z" Iron Rod with Cap, set in East line of said tract of land out of Section 23, Block J -S and in the proposed South Railroad Right -of -Way line, for the Southeast corner of this parcel; PAR1RR45.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 87°29'21" West, along the proposed South Railroad Right -of -Way line, a distance of 480.402 meters (1576.12 feet), to '/Z" Iron Rod with Cap, set in the West line of said tract of land out of Section 23, Block J -S and in the proposed South Railroad Right -of -Way line, for the Southwest corner of this parcel; (4) THENCE North 02022'55" East, along the West line of said tract of land out 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 OFT r� �Q� •d� 5 T R •4 .� i � � F,6 9F•• cS, � ................ .,GARY D. WILSON , c E��•o 4239ap; REGISTERED P FESSIONAL LAND SURVEYOR �n 'Fss " SUA _ I -7 -q q . w � � . Note: English units are provided for information only. 2 PAR1RR45.DOC (806) 792-4731 - Fax (806) 792-1646 • 3330 70th Street, Suite 201 . Lubbock, Texas 79413