HomeMy WebLinkAboutResolution - 6267 - Right Of Way Offer- Ralph A & Ann Schmidt- East-West Freeway Railroad Relocation - 04/22/1999Resolution No. 6267
Item No. 21
April 22, 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 -17 Ralph A. Schmidt and wife, Ann Schmidt $5,500
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for the above described property are hereby rescinded and revoked.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 owners of the above-described parcel of land being Ralph A.
Schmidt and wife, Ann Schmidt BE offered through the Right -of -Way Department of the
City of Lubbock the amount of $5,500 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.
(p 21Q
Passed by the City Council this 22nd day of April '1999,
WINDY ITTO`N, MAYOR
A ST:
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Kayt i Darnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Ag6t
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs/ccdocs/East-West Freeway RR — Ralph schmidt.res
February 2, 1999
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH
Resolution No.
Item No, 21
April. 22, 1999
County:
Lubbock
Account No:
8005-I-20
CSJ No:
0380-01-053
Highway No:
U.S. 82 (Railroad Relocation)
Parcel No:
1 RR 17
Grantor:
Ralph A. Schmidt and wife, Ann Schmidt
EXHIBIT "A"
Being 0.838 hectares (2.07 acres) of land out of a 35.96 acre tract of land (deed call 35.91 acres)
out of Section 18, Block JS, E.L.& R.R. RR. Co. Survey, Lubbock County, Texas, save and
except two tracts of land off the West side, described by metes and bounds in -Volume 5894,
Page 238 and Page 247, of the Real Property Records of Lubbock County, Texas, said 35.96 acre
tract of land was conveyed by deed dated November 18, 1976 by James L. Womack, being one
and the same person as J.L. Womack, and wife, Faye A. Womack, to Ralph A. Schmidt and wife,
Ann Schmidt and recorded in Volume 1498, Page 226 of the Beed Records of Lubbock County,
Texas, which said 0.838 hectares (2.07 acres) is more particularly described as follows;
BEGINNING at a 1/2" Iron Rod, set in the South line of said 35.96 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 corner of Section 18, Block JS, E.L.& R.R. RR. Co. Survey bears South
87°53'55" East, 361.112 meters (1184.75 feet) and North 02°15'27" East, 401.093 meters
1315:92 feet) ;
(1) THENCE North 87°53'55" West, along the South line of said 35.96 acre tract of land, a
distance of 39.197 meters (128.60 feet) to a '/2" Iran Rod with Cap, set in the South line of said
35.96 acre tract of land and in the proposed West Railroad Right -of ---Way line, for the Southwest
corner of this parcel;
(2) THENCE North 36051'23" West, along the proposed West Railroad Right -of -Way line, a
distance of 274.671 meters (901.15 feet) to a'!/z" Iron Rod with Cap, set in the North line of said
35.96 acre tract of land and in the proposed West Railroad Right -of -Way line, for the Northwest
corner of this parcel;
PARI RR17.DOC
(806) 792-4731 -l=ax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 7.9413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH
(3) THENCE South 87°45'09" East, along the North line of said 35.96 acre tract of land, a
distance of 39.280 meters (128.87 feet) to a '/a" Iron Rod with Cap, set in the North line of said
35.96 acre tract of land and in the proposed East Railroad Right -of -Way line, for the Northeast
corner of this parcel;
(4) THENCE South 36°51'23" East, along the proposed East Railroad Right -of -Way tine, a
distance of 274.540 meters (900.72 feet) to the P.O.B.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND MARCH ,1998
T
•yGARY a�1MLSON
f. ...�............
"98 oe d 4, 0REGISTERED PROMSSIONAL LAND SURVEYOR
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Note: English units are provided for information only. PAR1RR17.DOC
(806) 792-4731 • Fax (806) 792-1646 . 3330 70th Street, Suite 201 - Lubbock, Texas 712413