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HomeMy WebLinkAboutResolution - 3622 - Right Of Way Offer Gloria F T Kline-Flood Easement Sec 21, Block 6, Garza County - 05/23/1991JWF:dw RESOLUTION Resolution No. 3622 May 23, 1991 Item #24 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety and welfare demand and create a public necessity for the acquisition of the easement title to additional land for municipal public uses and purposes, to -wit: for easement title to land for flood and restrictive easement purposes from elevation 2220 feet above mean sea level to elevation 2245 feet above mean sea level, which easement grants City (a) the right to intermittently overflow, flood or cover such land, at any time with flood, slack or backwater created by construction, maintenance and operation by City of its proposed Lake Alan Henry Reservoir, also known as the Justiceburg Dam and the Reservoir and for the storage of water created by the construction of the Dam; (b) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth or any other thing which would in any way interfere with the construction, maintenance and operation of such dam and reservoir or tend to render the same unsafe or unsanitary and to prevent the drainage or dumping of refuse, sewage or other material into such reservoir and to carry out an adequate program of pollution control; and (c) the right to prevent the construction of, or the removal, with due notice, of any structure or facility located or to be located on said land, in connection with the extension of the water works system of the City of Lubbock, 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 land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT easement title for flood and restrictive easements to the land hereinafter referred to as Flood and Restrictive Easement "A" and "B" the legal descriptions of each of said tracts being attached hereto and made a part hereof collectively as "Exhibit A", said tracts of land being located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Gloria Forrestine Tuffing Kline, BE offered through the Right -Of -Way Department of the City of Lubbock the amount of $14,075.00, which is the amount appraised as the value and total damages for the easement title to the real estate hereinabove described for the value and damages therefor to said owner of $14,075.00 for such easement title acquisition, 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 i d and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public i purposes and municipal purposes. Passed by the City Council this 23rd day of May 1991. C McMINIf, MAYOR ATTEST: 1%%&1IG Y YG/ VYJ V, %,I Y, YGVI G4Q1 J - APPROVED AS TO CONTENT: Ed Bucy, Right -Of -fay Agent APPR7AS P FOR < L�YNI* J. )rotth FullIfigim, s istant Citt, At o ney — 2 — F--Resion 4;e-, 3q2-2-- � May 23, 191 Item #24 rx %low 11 LAKE ALAN B. ff E N R V TUFFING ESTATE FLOOD AND RESTRICTIVE EASEMENT "A" 25.30 ACRES FLOOD AND RESTRICTIVE EASEMENT "B" 115.45 ACRES SECTION 21, BLOCK b, ff. . € G.N. R.R. CO. SURVEY GARZA COUNTY, TEXAS FIELD NOTES FLOOD AND RESTRICTIVE EASEMENT "A" FIELD NOTES on a 25.30 acre easement out of Section 21, Block 60, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the Southwest corner of said Section 21, a 1-1/4" iron pipe, as set by F.M. German in 1895, said corner being the common corner of Sections 20, 21, 24 and 25; THENCE North 01039118" East, along the West line of said Section 21 and the East line of Section 24, 809.79 feet to a 1/2" iron rod, set in the South line of F.M. 2458; THENCE North 89050125" East, along the South line of F.M. 2458, 75.06 feet to a point; THENCE South 00009144" East, 5.00 feet to a point; THENCE Southeasterly, along the arc of a curve to the right, the South line of F.M. 2458, an arc distance of 653.23 feet to a point, said curve has a radius of 2008.33 feet, tangent lenths of 329.52 feet, a central angle of 18038110" and a chord that bears South 80°50'3,9" East, 650.35 feet; THENCE North 18028126" East, 5.00 feet to a point; THENCE South 71031'26" East, along the South line of F.M. 2458, 439.58 feet to a 1/2" iron rod, set in contour elevation 2250, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929); .,. o oaf os0000 GARY D. wILs�N CERTIFIED CORRECT.,. -s-4, .................o -o ;...Gari D. Wilson -oG.:239 ����� Registered Public Surveyor ltTt . C SVR PAGE 1 OF 3 CITY OF LUBBOCK LAKE ALAN HENRY FLOOD AND RESTRICTIVE EASEMENT "A" A 25.30 ACRE EASEMENT OUT OF SECTION 21, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS O -nes TUFFING ESTATESVolume Po e $w -e ed B.B. U•own N.L.O. I Scale Dote. APRIL 1988 WIL -N SURVEYING Co., IN C. 23,838, "` 1 " (806) 76.5-338a • 1718 AVENUE "N" 0 LUBBOCK, TEXAS 79401 I THENCE along said contour elevation 2250, MSL, NGVD 1929, the following meandered courses and distances: South 26013120" East, 54.26 feet; North 84008119" West, 231.09 feet; North 72°21107" West, 67.90 feet; South 61002112" West, 38.58 feet to a set 1/2" iron rod; South 40010147" East, 125.05 feet; North 54043129" East, 68.70 feet; South 84050108" East, 155.42 feet; South 63042152" East, 136.34 feet; South 61008116" East, 127.17 feet to a set 1/2" iron rod; South 75021118" West, 196.21 feet; South 64006138" East, 75.49 feet; South 22053145" East, 73.67 feet; North 65035128" East, 87.15 feet; South 77018117" East, 63.59 feet; South 16002138" West, 125.26 feet; North 45008151" East, 83.78 feet; South 49°08'11" East, 107.21 feet; North 83016107" East, 60.07 feet; South 16032157" East, 66.63 feet; North 68018127" East, 57.49 feet; South 43011106" East, 85.82 feet; North 63025136" East, 52.40 feet; South 86015'12" East, 76.19 feet; North 40022139" West, 48.74 feet; North 28044123" East, 33.82 feet; South 58°29155" East, 95.43 feet; North 01050'25" West, 119.05 feet; North 46029'56" East, 71.88 feet; North 80°47'13." East, 83.16 feet to a set 1/2" iron rod; South 71022151" East, 144.05 feet; South 60029'16" East, 89.82 feet; South 46°05'57" East, 131.22 feet; South 02°32'21" West, 47.40 feet; North 79°55'56" East, 110.31 feet; South 69053'47" East, 71.11 feet; North 58022141" East, 103.42 feet; South 20054'58" East, 77.05 feet; South 84°03'56" East, 73.83 feet; North 54°00'21" East, 91.16 feet; South 09°46'24" West, 61.75 feet; South 76°16'58" West, 89.86 feet to a 1/2" iron rod, set in the South line of said Section 21; THENCE North 88022'02" West, leaving said contour elevation 2250, MSL, NGVD 1929, along the South line of said Section 21 and the North line of Section 20, 769.13 feet to a 1/2" iron rod, set in said contour elevation 2250, MSL, NGVD 1929; THENCE North 47006147" West, along the meanders of said contour elevation 2250, MSL, NGVD 1929, 66.23 feet to a point; THENCE South 16024108" West, along the meanders of said contour elevation 2250, MSL, NGVD 1929, 45.16 feet to a 1/2" iron rod, set in the South line of said Section 21; THENCE North 88022'02" West, leaving said contour elevation 2250, MSL, NGVD 1929, along the South line of said Section 21 and the North line of Section 20, 1862.11 feet to the point of beginning. CONTAINING 25.30 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: GARY D. W SON REGISTERED PUBLIC SURVEYOR FIELD NOTES FLOOD AND RESTRICITVE EASEMENT "B" FIELD NOTES on a 115.45 acre easement out of Section 21, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 3/4" iron pipe, found at the intersection of the West line of said Section 21 with the North line of F.M..2458, whence the Southwest corner of said Section 21, a 1-1/4" iron pipe, as set by F.M. German in 1895, bears South 01°39'18" West, 909.83 feet, said corner being the common corner of Sections 20, 21, 24 and 25; THENCE North 01039118" East, along the West line of said Section 21 and the East line of Section 24, 1767.76 feet to a 1/2" iron rod, set in contour elevation 2250, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929); THENCE along said contour elevation 2250, MSL, NGVD 1929, the following meandered courses and distances: South 48016100" East, 21.05 feet; South 29°35116" East, 60.41 feet; South 80059106" East, 70.53 feet; South 70059127" East, 82.37 feet; South 34058116" East, 151.01 feet; South 89°50'28" East, 49.73 feet to a set 1/2" iron rod; North 05013141" East, 60.65 feet; North 09055144" East, 107.74 feet; North 21050140" East, 159.54 feet; North 13025'29" West, 48.94 feet to a set 1/2" iron rod; North 43°31'09" West, 101.14 feet; North 59°32'18" West, 121.03 feet; .:.0... 0...........:t.. GARY D. MOT .: ................. :... o: 423e sG�C � S CERTIFIED CORRECT: Gar D. Wilson Registered Public Surveyor PAGE 1 OF 4 CITY OF LUBBOCK LAKE ALAN HENRY FLOOD AND RESTRICTIVE EASEMENT "B" A 115.45 ACRE EASEMENT OUT OF SECTION 21, BLOCK 6, H. & G.N. R.R. CO. SURVEY GARZA COUNTY, TEXAS ., ts - cvwe cd B.B. Dawn N. L Co a ote f YYIL N SURVEYING C O . , INC- 23,838. i (B06) 76 5-33?R ' 171 B AVENUE "N" • LUBBOCK. TEXAS 79401 -- -r-- r-- r- `- �-- 1- i- F- r- r South 56045147" West, 44.11 feet; North 35041104" West, 224.38 feet.' North 84004152" West, 26.19 feet; North 56025'13" West, 24.96 feet to a 1/2" iron rod, set in the West line of said Section 21; THENCE North 01039'18" East, leaving said contour elevation 2250, MSL, NGVD 1929, along the West line of said Section 21 and the East line of Section 24, 2151.50 feet to the Northwest corner of said Section 21, a found 3/4" iron pipe, said corner being the common corner of Sections 21, 22, 23 and 24; THENCE South 88020'38" East, along the North line of said Section 21 and the South line of Section 22, 118.71 feet to a 1/2" iron rod, set in said contour elevation 2250, MSL, NGVD 1929; THENCE South 33041'20" West, along the meanders of said contour elevation 2250, MSL, NGVD 1929, 101.92 feet; THENCE South 20010'00" East, along the meanders of said contour elevation 2250, MSL, NGVD 1929, 77.21 feet; THENCE North 31027'12" East, along the meanders of said contour elevation 2250, MSL, NGVD 1929, 147.88 feet; THENCE North 09017134" East, along the meanders of said contour elevation 2250, MSL, NGVD 1929, 30.01 feet to a 1/2" iron rod, set in the North line of said Section 21; THENCE South 88020'38" East, along the North line of said Section 21 and the South line of Section 22, 260.23 feet to a 1/2" iron rod, set in said contour elevation 2250, MSL, NGVD 1929; THENCE along said contour elevation 2250, MSL, NGVD 1929, the following meandered courses and distances: South 24059'47" East, 52.19 feet; South 10029137" West, 190.22 feet; South 53018107" West, 71.42 feet; South 07015122" East, 166.57 feet; South 12°21'52" West, 131.47 feet; South 02013'45" East, 159.99 feet; South 50°07'17" East, 113.16 feet; North 39°5$'27" East, 131.28 feet; North 80010'08" East, 180.13 feet to a set 1/2" iron rod; South 12°33'10" East, 182.18 feet; South 37052104".West, 107.81 feet; South 12052'31" East, 99.05 feet; TE/FREE -2- 23,838 South 44049136" East, 90.89 feet; South 36011147" East, 92.55 feet to a set 1/2" iron rod; North 66033148" West, 168.18 feet; South 10002155" West, 105.39 feet; South 33038154" West, 126.47 feet; South 31°10'17" West, 254.08 feet to a set 1/2" iron rod; South 53041149" East, 183.29 feet; South 30014147" East, 126.97 feet; North 81015128" East, 128.84 feet; North 88028103" East, 183.80 feet; South 09049117" East, 94.32 feet; South 56053125" East, 78.98 feet; South 13015132" East, 54.34 feet; North 66057109" East, 91.23 feet to a set 1/2" iron rod; South 05039153" East, 119.57 feet; South 31017121" East, 77.69 feet; South 06019153" West, 255.06 feet; South 19025109" East, 141.14 feet; South 43030140" East, 298.20 feet; North 82047135" East, 81.22 feet to a set 1/2" iron rod; South 25°21142" West, 43.93 feet; South 69058114" West, 153.69 feet; South 24024140" East, 114.79 feet; North 56°04146" East, 59.55 feet; South 00033132" East, 76.68 feet; South 37°51113" East, 54.90 feet; South 85034'36" -East, 118.05 feet; North 42°40147" East, 139.30 feet; South 11°22118" East, 92.58 feet to a set 1/2" iron rod; South 45°47"55" West, 142.85 feet; South 32°12136" West, 131.72 feet; South 43.°13'26" East, 157.75 feet; South 05051131" East, 153.53 -feet; South 78°33'49" East, 94.43 feet; South 17015'06" East, 159.85 feet; South 76°56'41" East, 116.82 feet; South 18°45'16" West, 132.58 feet; South 50005'14" East, 87.82 feet; South 16°4748" East, 74.08 feet; South 11°54'48" West, 76.46 feet to a set 1/2" iron rod; North 87°18'36" West, 95.84 feet; North 42033'48" West, 132.30 feet; South 65°54'56" West, 45.63 feet; North 58032'48" West, 111.43 feet; South 56044'15" West, 73.95 feet; South 03040156" East, 131.85 feet; South 30024144" West, 140.18 feet; South 02046104" East, 143.02 feet; South 22°32121" East, 78.45 feet; TE/FREB -3- 23,838 l ` 7 South 01040'54" East, 62.93 feet to a set 1/2" iron rod; South 81033'13" West, 217.19 feet; South 48014143" West, 202.46 feet; South 55053109" West, 122.65 feet to a-1/211 iron rod, set in the North line of F.M. 2458; THENCE North 71031126" West, leaving said contour elevation 2250, MSL, NGVD 1929, along the North line of F.M.2458, 468.40 feet to the P.C. of a curve to the left; THENCE Northwesterly, along the arc of said curve, the North line of F.M.2458, an arc distance of 687.38 feet to a point, said curve has a radius of 2113.33 feet, tangent lenths of 346.75 feet, a central angle of 18°38'10" and a chord that bears North 80°50139" West, 684.35 feet; THENCE South 89050'25" West, along the North line of F.M.2458, 71.89 feet to the point of beginning. CONTAINING 115.45 acres.. NOTE: ALL BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1°58140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: GARY D. WYLSON REGISTERED PUBLIC SURVEYOR