HomeMy WebLinkAboutResolution - 6292 - Right Of Way Offer - Telesforo & Ernestina De La Cruz - E-W FRRP - 05/13/1999Resolution No. 6292
Item No. 19
May 13, 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 -18 Telesforo De La Cruz and $1,840
wife, Ernestina De La Cruz
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for the above described property are hereby rescinded and revoked.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 Telesforo De La
Cruz and wife, Ernestina De La Cruz BE offered through the Right -of -Way Department of
the City of Lubbock the amount of $1,800 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.
Passed by the City Council this 13th
ATTEST:
)"V .
Kayt 1e Darnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way A ent
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
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gs/ccdocslEast-West Freeway RR—De La Cruz, Telestoro & Emestina
April 22, 1999
WILSON SURVEYING- CO., INC. &
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEVA 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:
1 RR 18
Grantor:
Telesforo & Emestina De. La Cruz
EXHIBIT "A"
Being 0.0004 hectares (0.001 acres) of land out of a 9.270 acre tract of land (deed call 9.486
acres) located in the Northeast Quarter of Section 18, Block JS, E.L.& R.R. RR. Co. Survey,
Lubbock County, Texas, described by metes and bounds in Volume 4653, Page 138, of the Deed
Records of Lubbock County, Texas, said 9.270 acre tract of land was conveyed by deed dated
August 04, 1994 by virtue of an order of sale in favor of Lubbock Central Appraisal District as
Plaintiffs, as Intervenors, and Wilbert G. Bradford by virtue of a Warranty Deed recorded in
Volume 1713, Page 503 of the deed records of Lubbock County, Texas, Jay Don Quigley by
virtue of a Warranty Deed recorded in Volume 1713, Page 503 of the deed records of Lubbock
County, Texas, Dorothy Shaw, Administrator to the Estate of James. L. and Fay A. Womack,
Deceased, in REM only, Lienholder, by virtue of a Deed of Trust recorded in Volume 771, Page
237 of the deed records of Lubbock County, Texas, to Telesforo & Ernestina De La Cruz and
recorded in Volume 4653, Page 138 of the Deed Records of Lubbock County, Texas, which said
0.0004 hectares (0.001 acres) is more particularly described as follows;
BEGINNING at a 112" Iron.Rod with Cap, sevin the South line of said 9.270 acre tract of land
and in the proposed East Railroad Right -of -Way line, for the Southeast and beginning corner of
this parcel, whence the Northeast comer of Section 18, Block JS, E.L.& R.R. RR. Co. Survey
bears South 87°45'09" East, 534.309 meters (1752.98 feet) and North 02°15'27" East, 188.967
meters ('619.97 feet) ;
(1).-. THENCE North ,87°45'09" West, along the South line of said. 9.270 acre tract of land, a
distance of 2.502 meters (8.21 feet) to a '/2" Iron Rod with Cap, set for the Southwest corner of
said 9.270 acre tract of land and for the Southwest corner of this parcel;
PARIRR18DOC
(806) 792-4731 • Fax (806) 792-1646 • 3330 701h Street, Suite 201 . Lubbock, Texas 79413
we
. , WILSON SURVEYING CO., INC .
,Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA . NEVADA • UTAH
'(2) THENCE North 02°08'15" East, along the West line of said 9.270 acre tract of land, a
distance of 3.085 meters (10. 12 feet) to a '/2" Iron Rod with Cap, set in the West line of said
9.270 acre tract of land and in the proposed East Railroad Right -of -Way line, for the North
corner of this parcel;
(3) THENCE South 36°51'23" East, along the proposed East Railroad Right -of -Way line, a
distance of 3.978 meters (13.05 feet), to the P.O.S.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND MARCH ,1998
S 7 F9�+fit%
........................
GARY D. WILSON
......4 ....
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REGISTERED P OFOSIONAL LAND SURVEYOR�=lo
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Note: English units are provided for information only
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PAR1RR18.D0C
(806) 792-4731 . Fax (806) 792-1646 • 3330 70th Street, Suite 201 • Lubbock, Texas 79413