HomeMy WebLinkAboutResolution - 3217 - Right Of Way Offer- Don & Josephine Robinson- Water Line Easement, Garza County - 10/12/1989Resolution # 3217
October.12, 1989
Item #10
JWF:dw
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located
in Lubbock County, Texas, has determined and does hereby determine that the
pubic needs, safety and welfare demand and create a public necessity for the
acquisition of additional land for municipal public uses and purposes, to -
wit: fee simple title to land hereinafterdescribed for access and any
other lawful purpose in connection with the extension of the water works
system of the City of Lubbock, easement title to two tracts of land here-
inafter described together with rights of ingress, egress, and regress
thereto at any and all times to accomplish the following purposes: allowing
but not limited to construction, reconstruction, erection, repair, inspec-
tion, patrolling and maintaining of a water line, in connection with the
extension of said water system, 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 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 Garza County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
DESCRIPTION
BEING the description of a 3.63 acre tract out of Section 104,
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 said
Section 104 and the Southeast and beginning corner of this
tract;
THENCE North 88°2141" West, along the South line of said
Section 104, 5276.69 feet to a 1/2" iron rod set for the
Southwest corner of said Section 104 and the Southwest corner of
this tract;
THENCE North 01039'47" East, along the West line of said Section
104, 30.00 feet to a 1/2" iron rod set for the Northwest corner
of this tract;
THENCE South 88°21'41" East 5276.70 feet to a 1/2" iron rod set
-for the Northeast corner of this tract;
THENCE South 01041'04" West, along the East line of said Section
104, 30.00 feet to the PLACE OF BEGINNING.
CONTAINING 3.63 acres.
SECTION 2. THAT the easement title together with ingress, egress, and
regress thereto to the two following described tracts of land herein desig-
nated "Tract A" and "Tract B",both 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
DESCRIPTION
BEING the description of a 60.0 feet water line easement in
Section 104, Block 5, H.&G.N. R.R. Co. Survey, Garza County,
Texas, and being more particularly described as follows:
BEGINNING at a point for the Southwest and beginning corner of
this easement, whence the Northwest corner of Section 104, Block
5, bears North 88017'06" West, 2045.6 feet;
THENCE South 88017'06" East, along the North line of Section
104, Block 5, 102.10 feet to a point, for the Northwest corner
of this easement;
THENCE South 52017'34" East, 3871.25 feet to a point, for the
Northeast corner of this easement;
THENCE South 1041'04" West, along the East line of Section 104,
Block 5, 74.19 feet to a point, for the Southeast corner of this
easement;
THENCE North 52017'34" West, 3997.49 feet to the PLACE OF
BEGINNING.
CONTAINING 5.42 acres, being 238.45 centerline rods.
TRACT B
DESCRIPTION
BEING the description of a 60.0 feet water line easement in
Section 120 and 132, Block 5, H.&G.N. R.R. Co. Survey, Garza
County, Texas, and being more particularly described as follows:
BEGINNING at a point for the Northwest and beginning corner of
this easement, whence the Northeast corner of Section 132, Block
5, bears South 88°19'39" East, 871.1 feet;
THENCE South 56013'55" East, at 1028.71 feet pass the East line
of Section 132, Block 5, and the West line of Section 120,
7264.50 feet to a point for the Northeast corner of this
easement;
THENCE South 1039'47" West, along the East line of Section 120,
70.83 feet to a point for the Southeast corner of this easement;
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THENCE North 56013'55" West, at 6235.74 feet pass the West line
of Section 120, and the East line of Section 132, Block 5,
7397.80 feet to a point for the Southwest corner of this
easement;
THENCE South 88019'39" East, along the North line of Section
132, Block 5, 112.92 feet to the PLACE OF BEGINNING.
CONTAINING 10.10 acres, being 444.31 centerline rods.
SECTION 3. THAT the owners of said tract, being Don Robison and wife,
Josephine Robison, BE offered through the Right -of -Way Department of the
City of Lubbock the amount of $2,904.00, 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 said owners be offered the amount of
$13,655.20 for the easement title to Tract A and Tract B hereinabove
described together with ingress, egress, and regress thereto, for a total
offer to the owners of $16,559.20 for the fee simple title land and easement
title land together with ingress, egress, and regress thereto, 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 with ingress,
egress, and regress thereto, to said land as hereinabove described for
public purposes and municipal purposes.
Passed -by the City Council this 12th day of October 1989.
B. C. c. N, MAYOR
ATTEST.
Rar4 tte-Boyd, City Secretary
APPROVED AS TO CONTENT:
9'�
Ed Bucy, Right of -Way Agent
APPROVED AS TO FORM: Nt
&A4,2--
j/yorth Fullingim, Assis ant
C&Yy Attorney
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