HomeMy WebLinkAboutResolution - 1082 - Amend Right Of Way Offer Errors - Roselee Clark - Day Care Center, R#1048 - 04/22/1982JWF : j s
RESOLUTION
RESOLUTION 1082 - 4/22/82
Amends Reso. 1048 — 3/11/82
WHEREAS, there were errors contained in the legal description of land
authorized to be acquired in Resolution No. 1048 passed by the City Council of
the City of Lubbock on March 11, 1982, and the public necessity and general wel-
fare 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. 1048 of the City of Lubbock as referred to in the
preamble hereof be and the same is hereby amended in its entirety to read here-
after 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 be the best pub-
lic 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 fee simple title to the following described real es-
tate located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
BEGINNING at a point 730.4 feet East and 20 feet North of the Southwest
corner of the Southeast one-fourth (SE/4) of Section No. 17, Block A,
Lubbock County, Texas;
THENCE North 188.7 feet;
THENCE East 100 feet for the Northwest corner and beginning corner of
this tract;
THENCE East 56.5 feet to a point for the Northeast corner of this tract;
THENCE South 188.7 feet to a point for the Southeast corner of this
tract;
THENCE West._56.5 feet to a point for the Southwest corner of this tract;
THENCE North 188.7 feet to the PLACE OF BEGINNING.
SAVE AND EXCEPT the South 5 feet thereof, heretofore, dedicated for street
purposes, as set forth in Right -of -Way Deed dated November 6, 1947, re-
corded in Volume 384, Page 16, Deed Records of Lubbock County, Texas.
SECTION 2. THAT the City Council of the City of Lubbock hereby deter-
mines -pursuant to Subdivision 15, Article 1175, V.A.C.S., that the acquisition
of said land for a day care center facility for the children of low income
parents of the City of Lubbock in conneciton with and in cooperation with the
Community Development Program and Fund of the United States Government is a
municipal purpose and it is hereby deemed advisable to proceed with the ac-
quisition of the feesimple title to said land by purchase (or condemnation
if necessary) for such uses and purposes as aforesaid.
SECTION 3. THAT the owners of said land including Roselee Clark, BE
offeredthrough the Right -of -Way Department of the City of Lubbock the amount
of $1,450.00 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 insti-
tute condemnation (eminent domain) proceedings to acquire the fee simple title
to said land as hereinabove described for public purposes and municipal pur-
poses as set forth in the preamble hereof."
Passed by the City Council this 22nd day of April 1982.
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BILL McALIS ER, MAYOR
ATTEST:
Evelyn Gai=fga,"City Mclei l/ ry-Treasurer
APPROVED AS TO CONTENT:
Tom ivens, Right -of -Way Agent
AS TO FORM:
J. Worfh)Fullingim, Asst. City Atto