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HomeMy WebLinkAboutResolution - 6579 - Right Of Way Offer - Martha V F Sands - E-W Freeway Railroad Relocation - 10/28/1999Resolution No. 6579 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 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 -41 Martha Virginia Ferris Sands $ 68,500 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 Martha Virginia Ferris Sands BE offered through the Right -of -Way Department of the City of Lubbock the amount of $ 68,500 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 SIT , MAZOR ATEST: Kaytld Darnell, City Secretary APPROVED AS TO CONTENT: e�� /13 �-� Ed Bucy, Right -of -Way AgWt APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs/ccdocs/East-West Freeway RR - Sands, Martha V. Ferris.res October 15, 1999 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System. Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH Resolution No.6579 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: 1RR41 Grantor: Martha Virginia Ferris Sands EXHIBIT "A" Being 2.44 hectares (6.03 acres) of land out of 318.2 acres of land (Deed Call), more or less, a part of Survey No. 29, Block JS, E.L. & R.R. Ry. Co. Survey, Abstract No. 319, Lubbock County, Texas, except 1 8/10 acres of the Southwest .corner, described by metes and bounds in Volume 2630, Page 261, of the Deed Records of Lubbock County, Texas, and save and except a tract of land recorded in Volume 3312, Page 219, Official Real Property Records of Lubbock County, Texas, said 318.2 acres of land was conveyed by deed dated September.14,1987 by The Martha Virginia Ferris Trust, by and through, Robert M. Ricketts, Trustee, to Martha Virginia Ferris Sands and recorded in Volume 2630, Page 259 of the Deed Records of Lubbock County, Texas, which said 2.44 hectares (6.03 acres) is more particularly described as follows; BEGINNING at a'/Z" Iron Rod with Cap, set in the East line of said Section 29, 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 29, Block JS, bears North 02°2242" East, 818.323 meters (2684.78 feet) ; (1) THENCE South 02022'42" West, along the East line of said Section 29, Block JS, a distance of 30.480 meters (100.00 .feet) to a '/z" Iron Rod with Cap, set in the East line of said Section 29, 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 799.803 meters (2624.02 feet), to a '/a" Iron Rod with Cap, set in the West line of the East '/Z of said -Section 29, Block JS, for the Southwest corner of this parcel; PAR1RR41.DOC (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 01°49'47" East, along the West line of the East '/Z of said Section 29, Block JS, a distance of 30.483 meters (100.01 feet), to a'/Z" Iron Rod with Cap, set in.the West line of the East '/z of said Section 29, Block JS 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 800.092 meters (2624.97) feet to the P.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER ,1998 TO I?JA,-- / all REGISTERED PROFE NAL LA SURVE - l 9 -qq . Note: English units are provided for information only. FQ OF tFNQ ........................ GARY D. WILSON ........................ 9 1 C 423`�: Q7 'gij,9°'SEs s��`:•'�� PARlRR4I.DOC (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413