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Home My WebLink AboutResolution - 6580 - Right Of Way Offer - Hardesty Family - East-West Freeway Railroad Relocation - 10/28/1999Resolution No. 6580 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 -42 Harold L. Hardesty and spouse, Shirle Hardesty; and $ 59,800 Bettye Raynes Hardesty 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 Harold L. Hardesty and spouse, Shirle Hardesty; and Bettye Raynes Hardesty BE offered through the Right -of -Way Department of the City of Lubbock the amount of $ 59,800 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. . it ll 11, 1 A 41 Passed by the City Council this 28th day of October , 1999. VRINDY SIT N, MAYOR A,.TTESTI. Ka 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 — Hardesty, Harold & shirle & Bettye October 15, 1999 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO -a ARIZONA • NEVADA • UTAH County: Account No: CSJ No: Highway No: Parcel No: Grantor: Lubbock 8005-1-20 Resolution No. 6580 Oct. 28, 1999 Item No. 18 0380-01-053 U.S. 82 (Railroad Relocation) 1 RR42 Harold L. Hardesty and Shirle Hardesty, husband and wife, EXHIBIT "A" Being 2.68 hectares (6.62 acres) of land out of the West 240 (Deed Call) acres of the North 440 acres of Section 24, Block JS, E.L. & R.R. RR. Co. Survey, Lubbock County, Texas, described in Volume 3150, Page 326, of the Warranty Deed Records of Lubbock County, Texas, said West 240 acres of the North 440 acres of Section 24, Block JS, was conveyed by deed dated June 5, 1989 by Harold L. Hardesty and Shirle Hardesty, husband and wife to Harold L. Hardesty and Shirle Hardesty, husband and wife and recorded in Volume 3150, Page 326 of the Warranty Deed Records of Lubbock County, Texas, which said 2.68 hectares (6.62 acres) is more particularly described as follows; BEGINNING at a '/:" Iron Rod with Cap, set in the East line the West 240 acres of the North 440 acres of said Section 24, 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 24, Block JS, bears North 02°22'40" East, 820.304 meters (2691.28 feet) and South 87037'06" East, 732.795 meters (2402.178 feet); (1) THENCE South 02°22'40" West, along the East line of the West 240 acres of the North 440 acres of said Section 24, Block JS, a distance of 30.480 meters (100.00 feet) to a '/z" Iron Rod with Cap, set in the East line of the West 240 acres of the North 440 acres of said Section 24, Block JS, 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 proposed South Railroad Right -of -Way line, a distance of 879:231 meters (2884.61 feet), to a %i" Iron Rod with Cap, set in the West line of said Section 24, Block JS, for the Southwest comer of this parcel; PAR1RR42.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 02024'02" East, along the West line of said Section 24, Block JS, a distance of 30.480 meters (100.00 feet), to a'/z" Iron Rod with Cap, set in the West line of said Section 24, 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 879.231 meters (2884.61) feet to the P.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER ,1998 `.• 5TF .�� , '"� REGISTERED P O SSIONAL LAND SURVEYOR .....................�, GARY O. WILSON , z.............................. R � °9a 4M Z f 7-99. Note: English units are provided for information only. 2 PARIRR42.DOC (806) 792-4731 • Fax (806) 792-1646 . • 3330 70th Street,' Suite 201 • Lubbock, Texas 79413