HomeMy WebLinkAboutResolution - 4574 - Right Of Way Offer - Lubbock Land Company, Three LTD - 66Th Street Widening - 08/11/1994Resolution No. 4574
August 11, 1994
Item #17
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 purposes and public purposes and use, to -wit: for the widening of 66th Street
to 69th Street, from Bangor Avenue to Slide Road, and the City Council of said City finds it
in the public interest and for public purposes and municipal purposes to proceed with the
acquisition of such lands as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described tract of land
located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as
set forth in the preamble hereof, to -wit:
TRACT 1
METES AND BOUNDS DESCRIPTION of a portion of that tract of
land conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page
248, Real Property Records of Lubbock County, Texas located in
Section 27, Block E-2, Lubbock County, Texas, being further
described as follows:
BEGINNING at a '/2" iron rod with cap set for the Northeast corner of
that tract conveyed to Lubbock Land Co. Three Ltd, in Volume 4281,
Page 248, Real Property Records which bears N. 89°57'50" W. a
distance of 1321.38 feet from the Northeast corner of Section 27,
Block E-2, Lubbock County, Texas;
THENCE S. 00002'20" E., along the East line of said Lubbock Land
Co. Tract, a distance of 115.29 feet to a set '/2" iron rod with cap;
THENCE Southwesterly around a curve to the right, said curve having
a radius of 230.00 feet, a central angle of 18036'09", tangent lengths of
37.67 feet, and a chord distance of 74.35 feet to a'/z" iron rod with cap
set for a point of tangency;
THENCE S. 48043'14" W. a distance of 22.74 feet to a '/2" iron rod
with cap set for a point of curvature;
THENCE Southeasterly around a curve to the left, said curve having
radius of 15.00 feet, a central angle of 85021'37", tangent lengths of
13.83 feet, and a chord distance of 20.34 feet to a'/2" iron with cap set
for a point of reverse curvature;
THENCE Southeasterly around a curve to the right, said curve having
a radius of 541.30 feet, a central angle of 14022'12", tangent lengths of
68.24 feet, and a chord distance of 135.40 feet to a '/z" iron rod with
cap set in the East line of said Lubbock Land Co. Tract;
THENCE S. 00002'20" E., along the East line of said Lubbock Land
Co. Tract, a distance of 340.16 feet to a set '/z" iron rod with cap,
THENCE N. 08003'09" W. a distance of 203.89 feet to a '/Z" iron rod
with cap set for a point of curvature;
THENCE Northwesterly around a curve to the left, said curve having a
radius of 477.30 feet, a central angle of 81°54'41", tangent lengths of
414.26 feet, and a chord distance of 625.72 feet to a '/2" iron rod with
cap set for a point of tangency;
THENCE N. 89057'50" W. a distance of 92.91 feet to a '/2" iron rod
with cap set for a point of curvature;
THENCE Northwesterly around a curve to the right, said curve having
a radius of 519.73 feet, a central angle of 12011'30" tangent lengths of
55.50 feet, and a chord distance of 110.38 feet to a '/z" iron rod with
cap set for a point of reverse curvature;
THENCE Northwesterly around a curve to the left, said curve having a
radius of 455.73 feet, a central angle of 12011'30", tangent lengths of
48.67 feet, and a chord distance of 96.79 feet to a found '/2" iron rod
with cap;
THENCE N. 00002'10" E. a distance of 32.00 feet to a '/z" iron rod
with cap found in the North line of said Lubbock Land Co. Tract and in
the North line of Section 27, Block E-2;
THENCE S. 89057'50" E., along the North line of said Lubbock Land
Co. Tract and along the North line of Section 27, Block E-2, a distance
of 402.48 feet to a set '/z" iron rod with cap;
THENCE Southeasterly around a curve to the right, said curve having
a radius of 541.30 feet, a central angle of 33000'52", tangent lengths of
160.41 feet, and a chord distance of 307.61 feet to a '/2" iron rod with
cap set for a point of reverse curvature;
THENCE Northeasterly around a curve to the left, said curve having a
radius of 15.00 feet, a central angle of 85°21'37", tangent lengths of
13.83 feet, and a chord distance of 20.34 feet to a '/z" iron rod with cap
set for a point of tangency;
THENCE N. 48043'14" E. a distance of 22.74 feet to a '/2" iron rod
with cap set for a point of curvature;
-2-
THENCE Northeasterly around a curve to the left said curve having a
radius of 170.00 feet, a central angle of 48°41'04", tangent lengths of
76.91 feet, and a chord distance of 140.14 feet to a '/z" iron rod found
in the North line of said Lubbock Land Co. Tract and in the North line
of Section 27, Block E-2;
THENCE S. 890 57'50" E., along the North line of said Lubbock Land
Co. Tract and along the North line of Section 27, Block E-2, a distance
of 28.87 feet to the Point of Beginning, and containing 70,067 square
feet or 1.608 acres.
TRACT 2
METES AND BOUNDS DESCRIPTION of a portion of that tract of
land conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page
248, Real Property Records of Lubbock County, Texas located in
Section 27, Block E-2, Lubbock County, Texas, being further
described as follows:
BEGINNING at a '/Z" iron rod with cap set in the North line of that
tract conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page
248, Real Property Records which bears N. 89°57'50" W. a distance of
1350.25 feet from the Northeast corner of Section 27, Block E-2,
Lubbock County, Texas;
THENCE Southwesterly around a curve to the right, said curve having
a radius of 170.00 feet, a central angle of 48°41'04", tangent lengths of
76.91 feet, and a chord distance of 140.14 feet to a'/Z" iron rod with
cap set for a point of tangency;
THENCE S. 48043'14" W. a distance of 22.74 feet to a'/z" iron rod
with cap set for a point of curvature;
THENCE Southwesterly around a curve to the right, said curve having
a radius of 15.00 feet, a central angle of 85°21'37", tangent lengths of
13.83 feet, and a chord distance of 20.34 feet to a'/Z" iron rod with
cap set for a point of reverse curvature;
THENCE Northwesterly around a curve to the left, said curve having
radius of 541.30 feet, a central angle of 33°00'52", tangent lengths of
160.41 feet, and a chord distance of 307.61 feet to a'/z" iron rod with
cap set in the North line of said Lubbock Land Co. Tract and in the
North line of Section 27, Block E-2;
THENCE S. 89057'50" E., along the North line of said Lubbock Land
Co. Tract, and along the North line of Section 27, Block E-2, a
distance of 367.93 feet to the Point of Beginning, and containing
25,173 square feet.
-3-
TRACT 3
METES AND BOUNDS DESCRIPTION of a portion of that tract of
land conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page
248, Real Property Records of Lubbock County, Texas located in
Section 27, Block E-2, Lubbock County, Texas, being further
described as follows:
BEGINNING at a'/2" iron rod with cap set in the East line of that tract
conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page 248,
Real Property Records which bears N. 89°57'50" W. a distance of
1321.38 feet and S. 00002'20" E. a distance of 115.29 feet from the
Northeast corner of Section 27, Block E-2, Lubbock County, Texas;
THENCE S. 00002'20" E., along the East line of said Lubbock Land
Co. Tract, a distance of 210.56 feet to a set '/z" iron rod with cap;
THENCE Northwesterly around a curve to the left, said curve having a
radius of 541.30 feet, a central angle of 14'22'12", tangent lengths of
68.24 feet, and a chord distance of 135.40 feet to a'/z" iron rod with
cap set for a point of reverse curvature;
THENCE Northeasterly around a curve to the right, said curve having
a radius of 15.00 feet, a central angle of 85021'37", tangent lengths of
13.83 feet, and a chord distance of 20.34 feet to a'/2" iron rod with cap
set for a point of tangency;
THENCE N. 48043'14" E. a distance of 22.74 feet to a'/2" iron rod
with cap set for a point of curvature;
THENCE Northeasterly around a curve to the left, said curve having a
radius of 230.00 feet, a central angle of 18°36'09", tangent lengths of
37.67 feet, and a chord distance of 74.35 feet to the Point of
Beginning, and containing 6959 square feet.
TRACT 4
METES AND BOUNDS DESCRIPTION of a portion of that tract of
land conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page
248, Real Property Records of Lubbock County, Texas located in
Section 27, Block E-2, Lubbock County, Texas, being further
described as follows:
BEGINNING at a '/2" iron rod with cap set in the East line of that tract
conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page 248,
Real Property Records which bears N. 89'57'50" W. a distance of
1321.38 feet and S. 00002'20" E. a distance of 1042.08 feet from the
Northeast corner of Section 27, Block E-2, Lubbock County, Texas;
THENCE S. 00002'20" E., along the East line of said Lubbock Land
Co. Tract, a distance of 138.50 feet to a 3/8" iron rod found in the
North line of Ranch Acres, an Addition to the City of Lubbock;
-4-
THENCE S. 89057'40" W. a distance of 30.00 feet to a set 1/2" iron rod
with cap;
THENCE Northeasterly around a curve to the right, said curve having
a radius of 334.70 feet, a central angle of 24°26'38", tangent lengths of
72.50 feet, a chord distance of 141.71 feet, and a chord bearing of N.
of 12°10'59" E. to the Point of Beginning, and containing 2796 square
feet.
SECTION 2. THAT the owners of said tracts, being LUBBOCK LAND
COMPANY, THREE LTD., a Texas Limited Partnership BE offered through the Right -
of -Way Department of the City of Lubbock the amount of $66,150 which is the amount
appraised as the value and total damages for the fee simple title and acquisition of said real
estate hereinabove described, 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 is hereby authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire the fee s' a tit o said land as hereinabove described for public
purposes and municipal purposes
Passed by the City Council this \11 1th.=4 f ALAust / f1994
ATTEST:
Betty A JohnsooCity Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
kl,�-/
ff fifirtsell, Assistant City
Attorney
JH:dp/LLCLTD.Res
oodocs/July 22,1994
-5-
August 11, 1994
AFFIDAVIT Item #17
THE STATE OF TEXAS §
COUNTY OF I iuRROCK §
I'Randy Neugehauer , as a member of the City Council
make mas affidavit an ereby on oath state the following: 1, and/or a person or
persons related to me, have a substantial interest in a business entity that
would be peculiarly affected by a vote or decision of the City Council
(city council, commis:
as those terms are defined in Chapter 111, Local Government Code.
soon or oar
The business entity is
name
TAN2rle. L -6C.
(address)
I have/has a substantial interest in this
or name of relative an re ations ip)
business entity for the following reasons: (check all which are applicable).
Ownership of 10% or more of the voting or shares of the business
entity.
Ownership of 10% or more or $5,000 or more of the fair market value
of the business entity.
Funds received from the business entity excess 10% of
gross income for the previous year. my/ er/ is
Real property is involved and -IC7 have/has an equitable or
ese
legal ownership with a fair market value of at least $2,500.
A relative of mine has a substantial interest in the business entity
or property that would be affected by a decision of the public body
of which I am a member.
Upon the filling of this affidavit with the City Secretary , I affirm
city clerk or secretary)
that I will abstain from voting on any decision involving this business entity
and from any further participation on this matter whatsoever.
Signed this 11th day of August
, 19 94
&Sign2t-u�reO`Wia
City uncilmemher
Title
BEFORE ME, the undersigned authority, this day personally appeared
Rand Neuaehauer and on oath stated that the facts hereinabove
stated are true to the best of his knowledge or belief.
Fs/Fe-r—)
Sworn to and subscribed before me on this
11th day of August 1994
&Ct'- k� LAL:�—
N tary u is to nd for the
State of Texas
My commission expires: 1- 25-Q5