HomeMy WebLinkAboutResolution - 3207 - Right Of Way Offer-Bandy Cash-Flood/Restrictive Easement S117, B5, Garza County - 09/28/1989Resolution # 3207
September 28, 1989
Item #14
JWF:da
RESOLUTION
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 fee simple title and easement title to addi-
tional land for municipal public uses and purposes, to -wit: for fee simple
title to land for public access and road parcel, and any other lawful
purpose in connection with the extension of the water works system of the
City of Lubbock, and for easement title to land for flood and restrictive
easement purposes from elevation 2220 feet above mean sea level to eleva-
tion 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 the fee simple title to the following described
tracts of land hereinafter designated respectively as "Tract A" and "Tract
B" both of 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, to -wit:
TRACT A
PUBLIC ACCESS
FIELD NOTES on a 7.71 acre tract of land out of Section 117,
Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and
being more particularly described as follows:
JWF:da
RESOLUTION
Resolution # 3207
September 28, 1989
Item #14
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 fee simple title and easement title to addi-
tional land for municipal public uses andur oses, to'-wit:
ir fee
title to land for public access and road parcel, and anyotherlawful
�mple
purpose in connection with the extension of the water works system of the
City of Lubbock, and for easement title to land for flood and restrictive
easement purposes from elevation 2220 feet above mean sea level to eleva-
tion 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 the fee simple title to the following described
tracts of land hereinafter designated respectively as "Tract A" and "Tract
B" both of 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, to -wit:
TRACT A
PUBLIC ACCESS
FIELD NOTES on a 7.71 acre tract of land out of Section 117,
Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and
being more particularly described as follows:
BEGINNING at the Southeast corner of said Section 117, a 1-
1/4" iron rod, as set by F.M. German in 1895, for the South-
east and beginning corner of this tract;
THENCE North 01039'14" East, along the East line of said
Section 117 and the West line of Section 106, 1013.25 feet to
a point in a curve, the most Southerly line of a proposed
road, for the Northeast corner of this tract;
THENCE Southwesterly, along the arc of said curve to the
right, the most Southerly line of said proposed road, an arc
distance of 1494.77 feet to a point in the South line of said
Section 117 and the North line of Section 116, for the South-
west corner of this tract, said curve has a radius of 1492.39
feet, a central angle of 57°23'13", tangent lengths of 816.84
feet and a chord that bears South 46038'57" West, 1433.06
feet;
THENCE South 88021'20" East, along the South line of said
Section 117 and the North line of Section 116, 1013.24 feet to
the point of beginning.
CONTAINING 7.71 acres.
TRACT B
ROAD PARCEL
FIELD NOTES on a 8.87 acre tract of land out of Section 117,
Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and
being more particularly described as follows:
BEGINNING at a 1/2" iron rod, set at the Southeast corner of
the Southwest 1/4 of said Section 117, for the Southwest and
beginning corner of this tract, whence the Southeast corner of
said Section 117, a 1-1/4" iron pipe, as set by F.M. German in
1895, bears South 88021120" East, 2644.31 feet, said iron
pipe, being the common corner of Sections 106, 107, 116 and
117;
THENCE North 01041'21" East, along the East line of the South-
west 1/4 of said Section 117, 95.42 feet to a point, in the
North line of a proposed road, for the most Southerly North-
west corner of this tract;
THENCE South 81°21'23" East, along the North line of said
proposed road, 290.68 feet to a 1/2" iron rod, set for a
corner of this tract;
THENCE South 88021'20" East, 60.00 feet North of and parallel
with the South line of said Section 117, 923.57 feet to a 1/2"
iron rod, set for the P.C. of a curve to the left;
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THENCE Northeasterly, along the arc of said curve, the most
Northerly line of said proposed road, an arc distance of
2155.52 feet to a set 1/2" iron rod, said curve has a radius
of 1372.39 feet, a central angle of 89°5912611, tangent lengths
of 1372.16 feet and a chord that bears North 46038157" East,
1940.69 feet;
THENCE North 01039114" East, 60.00 feet West of and parallel
with the East line of said Section 117, 1202.84 feet to a 1/2"
iron rod, set for the most Northerly Northwest corner of this
tract;
THENCE South 88021'18" East,
line of said Section 117 and
the Northeast corner of this
60.00 feet to a point in the East
the West line of Section 106, for
tract;
THENCE South 01039'14" West, along the East line of said
Section 117 and the West line of Section 106, 1621.75 feet to
a point in a curve, the most Southerly line of said proposed
road, for the most Northerly Southeast corner of this tract;
THENCE Southwesterly, along the arc of a curve to the right,
the most Southerly line of said proposed road, an arc distance
of 1494.77 feet to a point in the South line of said Section
117 and the North line of Section 116, for the most Southerly
Southeast corner of this tract, said curve has a radius of
1492.39 feet, a central angle of 57°23113", tangent lengths of
816.84 feet and a chord that bears South 46'38'57" West,
1433.06 feet;
THENCE North 88021'20" West, along the South line of said
Section 117 and the North line of Section 116, 1631.07 feet to
the point of beginning.
CONTAINING 8.87 acres.
SECTION 2. THAT easement title for flood and restrictive easements
to the land hereinafter described by metes and bounds, and respectively
designated "Tract C" (Flood and Restrictive Easement A) and "Tract D"
(Flood and Restrictive Easement B), 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, to -wit:
TRACT C
(FLOOD AND RESTRICTIVE EASEMENT "A")
FIELD NOTES on a 0.35 acre easement out of Section 117, Block
59 H. & G.N. R.R. Co. Survey, Garza County, Texas and being
more particularly described as follows:
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BEGINNING at a 1/2" iron rod, set at the intersection of the
East line of the Southwest 1/4 of said Section 117, with
contour elevation 2245, Mean Sea Level, National Geodetic
Vertical Datum of 1929 (MSL, NGVD 1929) whence the Southeast
corner of said Section 117, a 1-1/4" iron pipe, as set by F.M.
German in 1895, bears South 01°41'21" West, 1256.98 feet and
South 88°21'20" East, 2644.31 feet, said corner being the
common corner of Sections 106, 107, 116 and 117;
THENCE North 01°41'21" East, leaving said contour elevation
2245, MSL, NGVD 1929, along the East line of the Southwest 1/4
of said Section 117, 165.92 feet to a 1/2" iron rod, set in
said contour elevation 2245, MSL, NGVD 1929;
THENCE along said contour elevation 2245, MSL, NGVD 1929, the
following meandered courses and distances;
North
69045157"
East,
43.49
feet;
North
50039139"
East,
130.85
feet;
North
59041133"
East,
79.16
feet to
South
29°32149"
West,
68.48
feet;
South
46°44125"
West,
116.02
feet;
South
27033145"
West,
89.90
feet;
South
31007115"
West,
87.56
feet;
South
45°13110"
West,
14.27
feet to
CONTAINING 0.35 acres.
TRACT D
a set 1/2" iron rod;
the point of beginning.
(FLOOD AND RESTRICTIVE EASEMENT "B")
FIELD NOTES on a 0.62 acre easement out of Section 117, Block
5, H. & G.N. R.R. Co. Survey, Garza County, Texas and being
more particularly described as follows:
BEGINNING at the intersection of the East line of the South-
west 1/4 of said Section 117, with the North line of a
proposed road, whence the Southeast corner of said Section
117, a 1-1/4" iron pipe, as set by F.M. German in 1895 bears
South O1°41'21" West, 95.42 feet and South 88°21120" East,
2644.31 feet;
THENCE North 01°41'21" East, along the East line of the South-
west 1/4 of said Section 117, 362.15 feet to a set 1/2" iron
rod;
THENCE South 36043'19" East, 44.67 feet to a point;
THENCE South 25059'49" East, 157.81 feet to a point;
=I=
THENCE South 07052'33" West, 198.28 feet to a point, in the
North line of said proposed road;
THENCE North 81021123" West, along the North line of said
proposed road, 80.30 feet to the point of beginning.
CONTAINING 0.62 acres.
SECTION 3. THAT the owners of said tract, being Bandy Silas Cash,
individually and as Independent Executor of the Mildred Violet Woodard
Cash (deceased) Estate, BE offered through the Right -of -Way Department of
the City of Lubbock the amount of $13,264.00, which is the amount
appraised as the value and total damages for the fee simple title and
acquisition of said real estate hereinabove described, and the amount of
$97.00 for the easement title to the real estate hereinabove described for
the value and damages therefor, being a total offer to said owner of
$13,361.00 for such fee simple and 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 and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title and easement title to
said land as hereinabove described for public purposes and municipal
purposes.
Passed by the City Council this 28th day of September , 1989.
ATTEST:
ecre
4B.. MCMI N, MAYOR
APPROVED AS TO CONTENT:
Ed Bucy, R�gh of -Way Agent
APPROVED AS TO FORM:
1161!910
Orth Fullingim, Assistant y Attorney
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5w/
THENCE South 07`5233" West, 198.28 feet to a point, in the
North line of said proposed road;
THENCE North 81°21'23" West, along the North line of said
proposed road, 80.30 feet to the point of beginning.
CONTAINING 0.62 acres.
SECTION 3. THAT the owners of said tract, being Bandy Silas Cash,
individually and as Independent Executor of the Mildred Violet Woodard
Cash (deceased) Estate, BE offered through the Right -of -Way Department of
the City of Lubbock the amount of $13,264.00, which is the amount
appraised as the value and total damages for the fee simple title and
acquisition of said real estate hereinabove described, and the amount of
$97.00 for the easement title to the real estate hereinabove described for
the value and damages therefor, being a total offer to said owner of
$13,361.00 for such fee simple and 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 and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title and easement title to
said land as hereinabove described for public purposes and municipal
purposes.
Passed by the City Council this
ATTEST:
e
retery
APPROVED AS TO CONTENT:
Ed Bucy, Righ of -Way Agent
APPROVED AS TO FORM:
28th day of September , 1989.
C
B. C. McMI N, MAYOR
orth Fullingim, Assistanto(y Attorney
77
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