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HomeMy WebLinkAboutResolution - 6526 - Right Of Way Offer-Huhes & Hodges, Et Al-East-West Freewat Railroad Relocation - 10/14/1999Resolution No. 6526 Oct. 14, 1999 Item No. 30 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 -49 Nancy Hughes, a/k/a Nancy Marie Hughes and $ 100.00 Nancy Hodges Hughes, f/k/a Nancy Marie Hodges Lanehart; Edith Shobe, a/k/a Edith Helen Hodges Shobe; The First Christian Church of Lubbock, Texas; Helen Hodges Educational Charitable Trust; and Kerwin Stephens 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 Nancy Hughes, a/k/a Nancy Marie Hughes and Nancy Hodges Hughes, f/k/a Nancy Marie Hodges Lanehart; Edith Shobe, a/k/a Edith Helen Hodges Shobe; The First Christian Church of Lubbock, Texas; Helen Hodges Educational Charitable Trust; and Kerwin Stephens BE offered through the Right -of -Way Department of the City of Lubbock the amount of $ 100.00 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 14th day of October 1999. d& - WINDY SIT YOR AffftST: I (&tk6- Am& a i Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way A ent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs/ccdocs/East-West Freeway RR— Hughes, etc. September 29, 1999 WILSON SURVEYING CO., INC . Registered Professional Land Surveyors Global Positioning System. Surveyors TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH Resolution No. 6526 Oct. 14, 1999 Item No. 30 County: Lubbock Account No: 8005-1-20 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1 RR49 Grantor: Nancy Hughes, a/k/a Nancy Marie Hughes & Nancy, Hodges Hughes, f/k/a Nancy Marie Hodges Lanehart; Edith Shobe, a/k/a &th Helen Hodges Shobe; The First Christian Church of Lubbock, Texas; Helen Hodges Educational Charitable Trust; & Kerwin Stephens EXHIBIT "A" Being 0.06 hectares (0.14 acres) out of a 138 acre tract of land out of Section 22, Block JS, E.L.& R.R. RR. Co. Survey, Abstract 862, Lubbock County, Texas, as described in Volume 399, Page 138 of the Deed Records of Lubbock County, Texas, said tract of land was conveyed by deed dated March 9, 1950 by Joseph Hodges and wife, Gladys Hodges. to J. A. Hodges &wife, Helen Hodges recorded in Volume 399, Page 138 of the Deed Records of Lubbock County, Texas, which said 0.06 hectares (0.14 acres) is more particularly described as follows; BEGINNING at a R.R. spike set in the West Jine of said 138 acre tract of land, and the West line of Section 22, Block JS and in the proposed North Railroad Right -of -Way line, for the Northwest and beginning corner of this parcel, whence the Southwest corner of Section 22, Block JS, bears South 02°19'08" West, 663.275 meters ( 2176.09 feet); (1) THENCE South 87°42'28" East, along the proposed North Railroad Right -of -Way line, a distance of 18.288 meters (60.00 feet) to a %z" Iron Rod with Cap, set in the East Right -of -Way Easement line of FM 2528•, recorded in Volume 1065, Page 128 of the Deed Records of Lubbock County, Texas and in the proposed North Pailroad Right -of -Way line, for the Northeast corner of this parcel; (2) THENCE South 02'19'08" West, along the East Right -of -Way Easement line of FM 2528, recorded in Volume 1065, Page 128 of the Deed Records of Lubbock County, Texas, a distance of 30.480 meters (100.00 feet), to a 5/8" Iron Rod, found in the East Right -of -Way Easement line of FM 2528, recorded in Volume 1065, Page 128 of the Deed Records of Lubbock County, Texas and in the proposed South Railroad Right -of -Way line, for the Southeast corner of this parcel; PAR1RR49.DOC .. 1 (806) 792-4731 - Fax (806) 792-1646.3330 70th. Street, Suite 201 - Lubbock, Texas 79413 i. j.. WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System. Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH (3) THENCE North 87°42'28" West, along the proposed South Railroad Right -of -Way line, a distance of 18.288 meters (60.00 feet) to a R.R. spike set in the West line of said 138 acre tract of land and in the West line of Section 22, Block JS and in the proposed, South Railroad Right - of -Way line, for the Southwest corner of this parcel; (4) THENCE North. 02°19'08" East, along the West line of said 138 acre tract of land and the West line of Section 22, Block JS, 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 MARCH ,1998 OF •WARY 0A D. W1LSOtd ........................ REGISTERED PR LAND SURVEYOR ` `'Si° �Ffss o 1 /EQSSIOONNAL REVISED: 08-25-99`"` Note: English units are provided for information only. PAR1RR49.DOC (806) 792-4731 • Fax (806) 792-1646 9 3330 70th Street, Suite 201 • Lubbock, Texas 79413