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HomeMy WebLinkAboutResolution - 6200 - Right Of Way Offer - Byrom/Woodard - E-W Freeway RR Relocation Project - 02/25/1999Resolution No. 6200 Item No. 16 February 25, 1999 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 -12 Colene Byrom, A/K/A Colene Bryant Byrom, FIK/A $30,400 Coterie Bryant Woodard, F/K/A Colene Bryant and husband Wesley Byrom 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 THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked.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 owners of the above-described parcel of land being Colene Byrom, A/K/A Colene Bryant Byrom, F/K/A Colene Bryant Woodard, F/WA Colene Bryant and husband Wesley Byrom BE offered through the Right -of -Way Department of the City of Lubbock the amount of $30,400 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 25th A�T ST: 4"Uk— Kayl Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -W Agent APPROVED AS TO FORM: (Q 0 day of February , 1999. r Y IT N, AYOR Linda Chamales Supervising Attorney/Office Practice gsfccdocs/East-West Freeway RR — Byrom.res February 2, 1999 WILSON SURVEYING CO., INC.2 � Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS . NEW MEXICO • ARIZONA • NEVADA • UTAH County: Lubbock Account No: 8005-1-20 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1RR12 Grantor: Jeina Earline Bryant and Colene Bryant EXHIBIT "A" Being 0.92 hectares (2.27 acres) of land out of the East 100 acres of the South 200 acres, save and except the North 40 acres thereof of Section 18, Block JS, Lubbock County, Texas, described by metes and bounds in Volume 832, Page 625, of the Deed Records of Lubbock County, Texas, said East 100 acres of the South 200 acres was conveyed by deed dated March 20, 1961 by Jeina Earline Bryant, a widow, individually and as Independent Executrix of the Estate of IIT. Bryant, Deceased, and Colene Bryant, a feme sole, to Jeina Earline Bryant and Colene Bryant and recorded in Volume 832, Page 625 of the Deed Records of Lubbock County, Texas, which said 0.92 hectares (2.27 acres) is more particularly described as follows; BEGINNING at a '/z" Iron Rod with Cap set in the South line of said Section 18, Block JS and in the proposed East Railroad Right -of -Way line, for the Southeast and beginning comer of this parcel, whence a railroad spike, found for the Southeast corner of Section 18, Block JS, bears South 87'36'19" East, 12.192 meters ( 40.00 feet) .- (1) (1) THENCE North 87°36'19" West, along the South line of said Section 18, Block JS, a distance of 30.480 meters (100.00 feet) to a '/z" Iron Rod with Cap, set in the South line of said Section 18, Block JS, and in the proposed West Railroad Right -of -Way tine for the Southwest corner of this parcel, (2) THENCE North 02115'27" East, along the West Railroad Right -of -Way line, at a distance of 30.489 meters (100.03 feet), pass a'/2" Iron Rod with Cap set in the North line of F.M. 2255, continuing for a total distance of 302.024 meters (990.89 feet), to a ''/s" Iron Rod with Cap set in the North line of the East 100 acres of the South 200 acres, save and except the North 40 acres thereof and in the proposed West Railroad Right -of -Way line, for the Northwest corner of this parcel; PARIRRI2.DQC (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 South 87'37'16" East, along the North line of the East 100 acres of the South 200 acres, save and except the North 40 acres thereof, a distance of 30.480 meters (100.00 feet), to a'/2" Iron Rod with Cap, set in the North line of said East 100 acres of the South 200 acres, save and except the North 40 acres thereof, in the West R.O.W. line of FM 179 and in the proposed East Railroad Right -of -Way line, for the Northeast corner of this parcel; (4) THENCE South 02°15'27" West, along the proposed East Railroad Right -of -Way line and along the West R.O.W. line of FM 179, a distance of 256.313 meters (840.92 feet), pass a 1/z" Iron Rod with Cap, set in the North line of F.M.2255, continuing for a total distance of 302.033 meters (990.92 feet) to the P.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND MARCH ,1998 I' INV !'#1 ........................ - GARY D. WILSON ................. ......... REGISTERED ROF SI NAi AND SURVEYOR �9-09��a23 Q�PvO Note: English units are provided for information only. PAR1RR12.D0C Pa (806) 792-4731 • Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413