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Home My WebLink AboutResolution - 6577 - Right Of Way Offer - James T & Alice Mcmenamy - E-W Freeway Railroad Relocation - 10/28/1999Resolution No. 6577 Oct. 28, 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 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 and permanent drainage easement to the following described parcels 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 39 & 39E James T. McMenamy and spouse, $ 54,700 Alice McMenamy SECTION 2. THAT the above-described parcels 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 THAT any and all offers previously made by the City of Lubbock for the above-described property are hereby rescinded and revoked.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 parcels of land being James T. McMenamy and spouse, Alice McMenamy BE offered through the Right -of - Way Department of the City of Lubbock the amount of $54,700 indicated for these parcels, 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 and permanent drainage easement 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 and the drainage easement 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 ON, MAYOR ATTEST: Darnell City retary APPROVED AS TO CONTENT: gef, (5 Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: �-----�---- Linda Chamales, Supervising Attorney gs/East-West Freeway Railroad-McMenamy, James T & Alice ccdocs/October 14, 1999 y WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH Resolution No -6577 Oct. 28, 1999 County: Lubbock Item No. 18 Account No: 8005-1-20 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1RR39(E) Grantor: James McMenamy and wife, Alice Hamilton McMenamy EXIMIT "A" Drainage Easement Being 0.25 hectares (0.62 acres) of land out of the East one-half (E/2) of Section 30, Block JS, E.L. & R.R. RR Co. Survey, Certificate No. 1267, Lubbock County, Texas, save and except the South 120 acres thereof, as recorded in Volume 3901, Page 6, of the Deed Records of Lubbock County, Texas, said East one-half (E/2) of Section 30, Block JS, was conveyed by deed dated January 4, 1962 by C.L. Bryan and wife, Betsy G. Bryan, to James McMenamy and wife, Alice Hamilton McMenamy and recorded in Volume 871, Page 645 of the Deed Records of Lubbock County, Texas, which said 0.25 hectares (0.62 acres) is more particularly described as follows; BEGINNING at a'/Z" Iron Rod with Cap, set in the proposed North Railroad Right -of -Way line, for the Southeast and beginning corner of this parcel, whence the Southeast corner of said Section 30, Block JS, bears South 87°29'21" East, 317.258 meters (1040.87 feet) and South 01.49'31" West, 799.565 meters (2623.24 feet) ; (1) THENCE North 87°29'21" West, along the proposed North Railroad Right -of -Way line, a distance of 28.685 meters (94.11 feet) to a'/z" Iron Rod with Cap, set for the Southwest comer of this parcel; (2) THENCE North 19°30'40" East, a distance of 94.939 meters (311.48 feet), to a '/z" Iron Rod with Cap, set for the Northwest comer of this parcel; (3) THENCE South 70°29'21" East, a distance of 27.432 meters (90.00 feet), to a '/Z" Iron Rod with Cap, set for the Northeast comer of this parcel; (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 (4) THENCE South 19°30'40" West, a distance of 86.551 meters (283.96) feet to the point of beginning. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND MAY ,1999 ,�� a F �� 3;3 . . . ........................ p. WILSO{J ,� :•9 4239 aP� F4- -9� AJ T 9ti•��Fss;�••a° REGISTE D PR ESSIONAL LAND SURVEYOR :moo SU RVQ Note: English units are provided for information only. PAR1RR39E.D0C N (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 Resolution No. 6577 Oct. 28, 1999 Item No. 18 County: Lubbock Account No: 8005-1-20 CSJ No: 0380.01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1RR39 Grantor: James McMenamy and wife, Alice Hamilton McMenamy EXHIBIT "A" Being 2.49 hectares (6.15 acres) of land out of the East one-half (FJ2) of Section 30, Block JS, E.L. & R.R. RR Co. Survey, Certificate No. 1267, Lubbock County, Texas, save and except the South 120 acres thereof, as recorded in Volume 3901, Page 6, of the Deed Records of Lubbock County, Texas, said East one -.half (E/2) of Section 30, Block JS, was conveyed by deed dated January 4, 1962 by C.L. Bryan and wife, Betsy G. Bryan, to James McMenamy and wife, Alice Hamilton McMenamy and recorded in Volume 871, Page 645 of the Deed Records of Lubbock County, Texas, which said 2.49 hectares (6.15 acres) is more particularly described as follows; BEGINNING at a'/�" Iron Rod with Cap, set in the East line of said Section 30, Block JS and in the proposed North Railroad Right -of -Way line, for the Northeast and beginning corner of this parcel, whence the Northeast corner of said Section 30, Block JS, bears North 01°4931" East, 810.651 meters (2659.61 feet) ; (1) THENCE South 0104931" West, along the East line of said Section 30, Block JS, a distance of 30.483 meters (100.01 feet) to a '/2" Iron Rod with Cap, set in the East line of said Section 30, Block JS, and in the proposed South Railroad Right -of -Way line for the Southeast corner of this parcel; (2) THENCE North 87°29'21" West, along the South Railroad Right -of -Way line, a distance of 816.250 meters (2677.98 feet), to a'%" Iron Rod with Cap, set in the West line of the East '/2 of said Section 30, Block JS, for the Southwest corner of this parcel; l (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413 w .. WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO . ARIZONA • NEVADA • UTAH (3) THENCE North 02015'22" East, along the West line of the East %x of said Section 30, Block JS, a distance of 30.480 meters (100.00 feet), to a '/Z" Iron Rod with Cap, set in the West line of the East '/Z of said Section 30, Block JS and in the proposed North Railroad Right -of -Way line, for the Northwest comer of this parcel; (4) THENCE South 87°29'21" East, along the proposed North Railroad Right -of -Way line, a distance of 816.021 meters (2677.23) feet to the P.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER ,1998 n.____� n .. ................... GARY D. WILSON REGISTERED PR SSIONAL LAND SURVEYOR a Note: English units are provided for information only. 2 PAR1RR39.D0C (806) 792-4731 • Fax (806) 792-1646 ' • 3330 70th Street, Suite 201 . Lubbock, Texas 79413