HomeMy WebLinkAboutResolution - 6505 - Right Of Way Offer-Commondity Export Corp.-East-West Freeway Railroad Relocation - 09/23/1999Resolution No.6505
Sept. 23, 1999
Item No. 18
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
IRR -43 Commodity Export Corporation $27,200.00
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for the above described property are hereby rescinded and revoked.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 owner of the above-described parcel of land being
Commodity Export Corporation BE offered through the Right -of -Way Department of the
City of Lubbock the amount of $27,200.00 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 September 1999.
WINDY SItt MAYOR
A�T�ST:
,r
City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of- y Agent
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
geccdocs/East-West Freeway RR— Commodity Export Corpses
August 7, 1999
.. WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO *ARIZONA* NEVADA - UTAH
County:
Account No:
CSJ No:
Highway No:
Parcel No:
Grantor:
Lubbock
8005-1-20
0380-01-053
U.S. 82. (Railroad Relocation)
1RR43
Commodity Export Corporation
EXHIBIT "A"
Resolution No.6505
Sept. 23, 1999
Item No. 18
Being 2.23 hectares (5.52 acres) of land out of a tract of land located in the East part of Section
24, Block J -S, E.L. & R.R. RR. Co. Survey, Lubbock County, Texas, generally known as the
South 1/2 of the East 200 acres of the North 440 acres of said Section 24, Block J -S, said South '/s
of the East 200 acres of the North 440 acres of said Section 24, Block J -S, was conveyed by deed
dated February 6, 1981 by Helmut Wierzba to Commodity Export Corporation and recorded in
Volume 1761, Page 818, of the Deed Records of Lubbock County, Texas, which said 2.23
hectares (5.52 acres) is more particularly described as follows;
BEGINNING at a '/z" Iron Rod with Cap, set in the East line of said Section 24, Block J -S and
in the proposed North Railroad Right -of -Way line, for the Northeast and beginning comer of this
parcel, whence the Northeast corner of said Section 24, Block J -S, bears North 02°22'50" East,
821.954 meters (2696.70 feet) ;
(1) . THENCE South 02°22'50" West, along the East line of said Section 24, Block J -S, a
distance of 30.480 meters (100.00 feet) to a '/2" Iron Rod with Cap, set in the East line of said
Section 24, Block J -S, and in the proposed South Railroad Right -of -Way line for the Southeast
comer of this parcel;
(2) THENCE North 87°29'21" West, along the South Railroad Right -of -Way line, a distance
of 732.756 meters (2404.05 feet), to a t/z" Iron Rod with Cap, set in the West line of the South 1/2
of the East 200 acres of the North 440 acres of said Section 24, Block J -S, for the Southwest
corner of this parcel;
PAR1RR43.D0C
1
(806) 792-4731 Fax (806) 792-1646.3330 70th Street,' Suite 201 • Lubbock, Texas 79413
1
.. WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA - NEVADA • UTAH
(3) THENCE North 02°22'40" East, along the West line of the South '/z of the East 200
acres of the North 440 acres of said Section 24, Block J -S, a distance of 30.480 meters (100.00
feet), to a '/Z" Iron Rod with Cap, set in West line of the South '/Z of the East 200 acres of the
North 440 acres of said Section 24, Block J -S and in the proposed North Railroad Right -of -Way
line, for the Northwest corner of this parcel;
(4) THENCE South 87°29'21" East, along the proposed North Railroad Right -of -Way line,
a distance of 732.756 meters (2404.05) 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
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(806) 792-4731 - Fax (806) 792-1646:. 3330 70th Street, Suite 201 • Lubbock, Texas 79413