HomeMy WebLinkAboutResolution - 1080 - Amend Right Of Way Offer Errors - Pender & Post - Day Care Center, R#1046 - 04/22/1982JWF:da
RESOLUTION
RESOLUTION 1080 - 4/22/82
Amends Reso. 1046 - 3/11/82
WHEREAS, there were errors contained in the legal description of land
authorized to be acquired in Resolution No. 1046 passed by the City Council of
the City of Lubbock on March 11, 1982, and the public necessity and general
welfare requires that said Resolution be amended to correct such errors, NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT said Resolution No. 1046 of the City of Lubbock as referred to in
the preamble hereof be and the same is hereby amended in its entirety to read
hereafter as follows:
"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, health and welfare demands and creates a public necessity for
the acquisition of land for municipal public uses and municipal public pur-
poses, to -wit: for the construction and maintenance of a day care center for
children of low income parents of the City of Lubbock and operation of such
day care facility, fee simple title to be acquired by said City to accomplish
such purposes and this City Council of said City finds it to the best public
interest and for public purposes and municipal purposes to proceed with the
acquisition of lands as needed for such uses and 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 real
estate located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
BEGINNING at the Southwest corner of the East ;I of Section 17, Block A,
Lubbock County, Texas;
THENCE North 25 feet to a point;
THENCE East 972.9 feet to a point for the Southwest and BEGINNING corner
of this tract, and being also the Southeast corner of a tract of land
conveyed to Dr. Sam G. Dunn by W. K. Johnston by Deed dated November 16,
1949, and now of record in Volume 397, Page 355, Deed Records of Lubbock
County, Texas;
THENCE East a distance of 70.5 feet to a point for the Southeast corner
of this tract;
THENCE North a distance of 183.7 feet to a point of the Northeast corner
of this tract;
THENCE West a distance of 70.5 feet to.a point for the Northwest corner
of this tract;
THENCE South a.distance of 183.7 feet to the PLACE OF BEGINNING.
SECTION 2. THAT the City Council of the City of Lubbock, hereby
determines pursuant to Subdivision 15, Article 1175, V.A.C.S., that the ac-
quisition of said land for a day care center facility for the children of low
income parents of the City of Lubbock in connection with and in cooperation
with the Community Development Program and Fund of the United States Govern-
ment is a municipal purpose and it is hereby deemed advisable to proceed with
the acquisition of the fee simple title to said land by purchase (or condemna-
tion if necessary) for such uses and purposes as aforesaid.
SECTION 3. THAT the owners of said land including.MARY NELL PENDER
and JOE C. POST, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $1800.00 which is the amount appraised as the value and
total damages for the fee simple title and acquisition of said real estate
hereinabove described for the purposes herein stated, for the use and benefit
of the City of Lubbock, located in Lubbock County, Texas, 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 to said land as hereinabove described for public purposes
and municipal purposes as set forth in the preamble hereof."
Passed by the City Council this 22nd_ day of n 1982.
aril
.ATTEST: BILL cALISTER, MAYOR
ielgy=n Ga ga, C y Se ea Treasurer
AP VED AS TO CONTENT:
PmNivelns,2i`ig�ht-of -Way Agent
AS TO FORM:
I , 10 V%� 14P fo�
J. WorYh�ullingim, Asst. City At