HomeMy WebLinkAboutResolution - 6293 - Right Of Way Offer - A L & W J Richardson, A Kirksey, & M-Ban LP - E-W FRRP - 05/13/1999Resolution No. 6293
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 -8 A. Leroy Richardson, and wife, Wanda Judith $30,750
Richardson, Ann Kirkscy, and M -Ban Limited
Partnership, a Texas Limited Partnership.
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for the above described property are hereby rescinded and revoked.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 A. Leroy
Richardson, and wife, Wanda Judith Richardson, Ann Kirksey, and M -Ban Limited
Partnership, a Texas Limited Partnership BE offered through the Right -of -Way Department
of the City of Lubbock the amount of $30,750 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..
Jam.
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Passed by the City Council this 13th day of May , 1999.
WIND I TON, MAYOR
ATTEST
Kay 1p Darnell, City Secretary-
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way A ent
APPROVED AS TO FORM:
Linda Charnales
Supervising Attorney/Office Practice
gs/ccdocs/East-West Freeway RR — Richardson, Leroy & Wanda
April 23, 1999
. , WILSON SURVEYING CO., INC.,
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:
1RR8
Grantor:
Milton Kirksey, Benny Mika Kirksey and wife, Ann Kirksey
A. Leroy Richardson and wife, Wanda Judith Richardson
EXHIBIT "All
Being 2.93 hectares (7.25 acres) of land out of a 76.82 acre (deed call) tract of land out of the
Northwest '/4 of Section 6, Block D-6, Lubbock County, Texas, being all of the east half of the
Northwest '/4 of said Section 6, less 3.18 acres (deed call) of land heretofore conveyed to the
Panhandle and Santa Fe Railroad Company for Right -of -Way purposes by a deed, said 76.82
acre tract of land was conveyed by deed dated October 26, 1975 by Helen Price, Maurine Baker
and Howard A. Price, to Milton Kirksey, a single man, Benny Mika Kirksey and wife, Ann
Kirksey and A. Leroy Richardson and wife, Wanda Judith Richardson and recorded in Volume
1446, Page 586 of the Deed Records of Lubbock County, Texas, which said 2.93 hectares (7.25
acres) is more particularly described as follows;
BEGINNING at a '/2" Iron Rod with Cap, set in the existing North R.O.W. line of the West
Texas and Lubbock Railroad, and in the proposed Northerly Railroad Right -of -Way line, for the
Southwest and beginning corner of this parcel, whence the Northwest corner of Section 6, Block
D-6, bears North 0227'28" East, 609.263 meters (1998.89 feet) and North 87°38'23" West,
454.555 meters ( 1491.32 feet) ;
(1) THENCE South 75141'30" East, along the proposed Northerly Railroad Right -of -Way
line, a distance of 30.547 meters (100.22 feet) to a '/2" Iron Rod with Cap, set in the proposed
Northerly Railroad Right -of -Way line, for a corner of this parcel;
(2) THENCE Northeasterly, along the arc of a curve to the left, and the proposed Northerly
Railroad Right -of -Way line, an are distance of 407.451 meters (1336.78) feet, to a °°/2" Iron Rod
with Cap, set in the East line of the Northwest 1/4 of Section 6, Block D-6, and in the proposed
West Railroad Right -of -Way line, for the Northerly corner of this parcel, said curve has a radius
of 275.823 meters (904.93 feet) and a chord that bears North 61'59'21" East, 371.403 meters
(1218.51 feet); PARIRR8.130C
(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 02'33'13" West, along the East line of the Northwest quarter of Section
6, Block D-6, a distance of 294.529 meters (966.30 feet), to a '/z" Iron Rod, found in the North
R.O.W. line of said West Texas and Lubbock Railroad, for the Southeast corner of this parcel;
(4) THENCE North 69'42'14" West, along the said North R.O.W. line of the West Texas
and Lubbock Railroad, a distance of 367.169 meters (1204.62 feet), to the P.O.B.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND MARCH ,1998
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GARY O. WILSON
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REGISTERED ROF S -NAL LAND SUR R
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Note: English units are provided for information only.
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PARIRR8.DOC
(806) 792-4731 • Fax (806) 792-1646 • 3330 70th Street, Suite 201 • Lubbock, Texas 79413