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Home My WebLink AboutResolution - 6573 - Right Of Way Offer - Gregory A. Noyola - East-West Freeway Railroad Relocation - 10/28/1999Resolution Ho. 6573 Oct. 28, 1999 Item No. 18 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 -33 Gregory A. Noyola $1,131.00 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 Gregory A. Noyola BE offered through the Right -of -Way Department of the City of Lubbock the amount of $ 1,131.00 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 28th day of October , 1999. WINDY SI 'O , MAYOR A ST: Ka a Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way gent APPROVED AS TO FORM: Wit- :� � �''�,�., �✓ Linda Chamales Supervising Attorney/Office Practice gs/ccdocs/East-West Freeway RR - Noyola, Gregory A. October 15, 1999 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA . NEVADA UTAH Resolution A0.6573 Oct. 28, 1999 County: Lubbock item No. 18 Account No: 8005-01-20 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1RR33 Grantor: Gregory A. Noyola EXHIBIT "A" Being 0.002 hectares (0.006 acres) of land out of a tract out of the North one-half of Section 19, Block JS, Abstract No. 363, Certificate No. 1266, E.L. & R.R. RR. Co. Survey, Lubbock County, Texas, described by metes and bounds in Volume 4920, Page 22, of the Deed Records of Lubbock County, Texas, said tract of land out of Section 19, Block JS, Lubbock County, Texas was conveyed by a deed dated July 25, 1995 by F.A.B. Investors, Inc., to Gregory A. Noyola and recorded in Volume 4920, Page 22, of the Deed Records of Lubbock County, Texas, which said 0.002 hectares (0.006 acres) is more particularly described as follows: BEGINNING at a 1/2" Iron Rod with Cap, set for the Northwest corner of said tract of land and for the Northwest and beginning corner of this parcel, whence the Northwest corner of Section 19, Block JS, bears North 8737'28" West, 648.826 meters (2128.69 feet) ; (1) THENCE South 87°33'03" East, along the North line of said tract of land, a distance of 5.124 meters (16.81 feet) to a 1/2" Iron Rod with Cap, set in the North line of said tract of land and in the proposed Easterly Railroad Right -of -Way line, for the Northeast corner of this parcel; (2) THENCE South 29°2239" West, along the proposed Easterly Railroad Right -of -Way line, a distance of 11.150 meters (36.58 feet) to a 1/2" Iron Rod with Cap, set in the West line of said tract of land and in the proposed Easterly Railroad Right -of -Way line, for the South corner of this parcel; PAR1RR33.DOC (806) 792-4731 . Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413 1 if I 111 1 ■ WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW MEXICO - ARIZONA - NEVADA UTAH (3) THENCE North 02°01'44" East, along the West line of said tract of land, a distance of 9.943 meters (32.62 feet) to the P.O.B A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND MARCH, 1998 � ,ARY U. WILS01 'f X4230 REGISTERED PRO IC LAND SURVEYOR Note: English units are provided for information only. PAR1RR33.DOC b] (806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413 Lary Hertel, City Engineer Agenda Items and Comments — City Council Meeting for October 28, 1999 Page 4 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT: # Consider 11 resolutions authorizing the Right -of -Way Department to make offers to 14 property owners for 9 parcels of right-of-way and two drainage easements for the East-West Freeway Railroad relocation (West of FM 179 and south of Ursuline Street; west of FM 179 and south of Kent Street; east of FM 179, west of North Milwaukee Avenue, and north of Kent Street; south of Clovis Highway and east of Frankford Avenue). BACKGROUND/DISCUSSION: These 9 parcelsof 'ght-of--way and two drainage easements are needed for the railroad route ar nd west Lubbock in conjunction with the East-West Freeway project. These arcel numbers and property owners are: 1 RR33 — Gregory A. Noyola, 1 RR — Hilton Foerster and wife, Anna Belle Foerster, 1 RR37 — Westem Commercial, LTD., 1 RR38, 1 RR38(E), and 1 RR41 — Martha Virginia Ferris Sands, 1 RR39 and 1 RR39(E) — James T. McMenamy and wife, Alice McMenamy, 1 RR40 — Jewell Stanton, Jay Stanton and wife, Pat Stanton, 1 RR42 — Harold L. Hardesty and wife, Shirle Hardesty -;-and Bettye Raynes Hardesty, 1 RR55 — W. K. Bigham and Sons, a partnership. Merle Blosser appraised parcel 1 RR33, Tommy Cantrell appraised parcel 1 RR55, and Jim Bowman appraised all the other parcels. All parcels were acreage farm tracts. Parcel 1 RR33 is located west of FM 179 and south of Ursuline Street and contains 0.006 acres. This parcel was appraised for an offer of $1,131, $100 for the land and $1,031.00 for damages. Parcel 1 RR35 is located west of FM 179 and south of Kent Street and contains 6.05 acres. This parcel was appraised for a total offer of $123,500, $6,117 for the fee simple taking and $117,383 for damages. The remainder parcels, 1 RR37, 1 RR38, 1 RR38(E), 1 RR39, 1 RR39(E), 1 RR40, 1 RR41, and 1 RR42 are east of FM 179, west of North Milwaukee Avenue, and north of Kent Street, except for parcel 1 RR55 which is east of Frankford Avenue and south of the Clovis Highway. Parcel 1 RR37 contains 2.94 acres and was appraised for a total offer of $40,000, $3,019 for the fee simple taking and $36,981 for damages. Parcel 1 RR38 is a 3.03 acre taking and 1 RR38(E) is a drainage easement which contains 1.36 acres. These two parcels were 1 Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for October 28, 1999 Page 5 appraised for a total offer of $27,900, $2,106 for the fee simple taking, $850 for the drainage easement, and $24,944 for damages. Parcel 1 RR39 is a 6.15 acre taking and 1RR39(E) is a drainage easement which contains 0.62 acres. These two parcels were appraised for a total offer of $54,700, $7,392 for the fee simple taking, $671 for the drainage easement, and $46,637 for damages. Parcel 1 RR40 contains 6.14 acres and was appraised for a total offer of $78,000, $7,055 for the fee simple taking, and $70,945 for damages. Parcel 1 RR41 contains 6.03 acres and was appraised for a total offer of $68,500, $6,332 for the fee simple taking, and $62,168 for damages. Parcel 1 RR42 contains 6.62 acres and was appraised for a total offer of $59,800, $7,514 for the fee simple taking, and $52,286 for damages. Parcel 1 RR55 contains .02 acres and was appraised for a total offer of $2,400, $140 for the fee simple taking, and $2,160 for damages. These resolutions being presented before the City Council ask for approval of these offers to these property owners for these parcels. These resolutions authorize the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire these properties. SUMMARYIRECOMMENDATION: The Right -of -Way Department recommends the approval of our offers to these property owners. 4�F� /3 4-�' Ed Bucy Right -of Way Agent EB.tb