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HomeMy WebLinkAboutResolution - 1048 - Right Of Way Offer - Rosalee Clark - Day Care Center, Rice Tract 4 - 03/11/1982JWF:mck RR OUITTnN RESOLUTION 1048 - 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 be 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 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: The East 56 feet of Tract 4, Rice Tracts, City of Lubbock, Lubbock County, Texas and being further described by metes and bounds as follows: 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; 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, recorded in Volume 384, Page 16, Deed Records of Lubbock County, Texas. 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 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 acquisition.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 Rosalee Clark, BE offered through 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 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 , 1982. BILL cALISTER, MAYOR ATTEST: Evelyn Ga fga, City e r ry-Treasurer APPROVED AS TO CONTENT: Tom Nivens, Right of Way Agent APPROVED AS TO FORM: J. Wort t Ilingim, Assistant City ttorney