HomeMy WebLinkAboutResolution - 1046 - Right Of Way Offer - Pender & Post - Day Care Center, Rice Tract 3 - 03/11/1982JWF:da
RESOLUTION
RESOLUTION 1046 - 3/11/82
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 purposes
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 in-
terest 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:
For the East 70 feet of Tract 3, Rice Tracts, City of Lubbock, Lubbock
County, Texas, and being further described as follows:
BEGINNING at the Southwest corner of the East 1/2 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 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 connection 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 acquisi-
tion of the fee simple 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 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 11th day of March , 1982.
-444*6.
1-4
BILL REALTSTER, MAYOR
ATTEST.:,
Evelyn Gaffga, City Sec tary-Treasurer
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
J. WcVh Fullingim, Asst. C lyy Attorney