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HomeMy WebLinkAboutResolution 1975-007 /~) RESOLUTION NO. 75-7 WHEREAS, it is deemed by the City Council of the City of North Richland Hills, Texas, to be in the Public interest to extend drainage service by the City of North Richland Hills, Texas, from Oakridge Terrace to the West into thé 'existing channel; and WHEREAS, the most direct and least damaging route for such extension is deemed generally to be parallel to the South property line of the hereinafter describerl land presently owned by Bobby Glenn Doering, et ux,Bobbie, and described specifically as follows: (See attached plat by Knowlton-Ratliff- English- Flowers, Inc., showing proposed 15' permanent drainage easement across Lot 17, Richland Oaks, First Filing, Tarrant County, Texas; and WHEREAS, an offer of $750.00 has been made to said owners by an agent for the City of North Richland Hills, Texas, to purchase the above described easement, and such offer having been REJECTED, the City and said owners are unable to agree on a purchase price for same; and WHEREAS, said owners have been notified that the City Council of North Richland Hills, Texas, would consider condemnation of such easement at its regular meeting April 14, 1975; and NOW, THEREFORE, BE IT RESOLVED that the City Attorney for the City of North Richland Hills, Texas, forthwith commence appropriate condemnation proceedings in a Court of competent jurisdiction to acquire for the City the above described easement which is hereby declared necessary for public use and to perform such other acts and deeds relative thereto as may be appropriate. PASSED this 14th day of April 1975. ;' f~ ~ d ,'. . . - ,/ l . 1_ '" /;'\)~.c V '-/' Zl¿t-;J?z Dttk Faram - Mayor ATTEST: .--7 -/;J ;(:d/. r ~dJ Ruth Pinner - Acting City Secretary ,.,.....- ~ DRAINAGE EASEMENT STATE OF TEXAS I COUNTY OF TARRANT I KNOW ALL MEN BY THESE PRESENTS: That I/\'Je, Bobby Glenn Doering, et ux, Bobbie Doering, as Seller, for and in consideration of the agreed purchase price of Seven hundred f1tty Dollars ($ 750.00 ), and upon all of the terms and conditions hereof hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, as Buyer, a perpetual easement for the purpose of constructing, using and maintaining drainage facilitie~ including open flow channels, underground conduits with unrestricted surface access for relief flow, or combinations thereof, said perpetual easement being sho\'Jn and described on the plat attached hereto, \lJhich plat is made a part hereof, and/or further described as foll OI¡/S: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) In addition to the above described perpetual easement, Seller also hereby grants to the City a temporary right of access to, and use of, lands of Seller immediately adjacent to the perpetual easement as necessary for construction of proposed facilities by normal operations; it being specifically agreed that in the exercise of this privilege, the City will not create any continuing nuisances or situations detrimental to the premises and upon completion of the work, will promptly vacate said premises and restore them to a condition substantially equal to, or better than, that which existed when said work waÁ commenced. The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: NONE To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Executed in North Richland Hills, Tarrant County, Texas, in triplicate original on this the 11 day of April A. D., 1975 SELLERS STATE OF TEXAS County of Tarrant BEFORE ME Ruth Pinner on thi s day personally appeare Bobby Glenn Doering , ,k~own to me to be the person whose name is subscribe to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein eXQressed. 'GIVEN UNDER MY HAND AND SEAL OF OFFICE this 11 . day of April , A. D., 1975 Â NOTARY PUBLIC in and for Tarrant County, Texas STATE OF TEXAS COUNTY OF Tarrant BEFORE ME, the undersigned, a Notary Public, in and for said County, Texas, on this day personally appeared Bobbie Doering wife of Bobby r,lenn Ooering known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she the said wife of Bobby Glenn Doerinq acknO\lJledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFF! CE, th i s 11 day of April A. D., 1975 ~ NOTARY PUBLIC in and for Tarrant County, Texas ._ ....wF,-.... "_,,,,,_-:..,,.:~_.,____~.__.I'C-C__._':!='.:~:':"::= ~. .'.""'."'-~ " , . ,~~ SCA.~E: 1" = 'lPO' I,' ~---- --.. '----- PLAT- 151' PERMANENT DRAINAGE EASEMENT E.S. CARÒER SURVEY ABSTRACT NO. 308 en c.n <D' .J'& ø - - :II!: LQT 17 . RICHLAND OAKS ADDITION FIRST FILING VOL."~~75 . PAGE 291 D.R.T.C.T. ~l\ 15' PERMÄNENT DRA I tlAGE EASEMENT 7.5' " , 1~' " 00°111-' W OAK. RIDGE, TERRACE ~ . . THE DESCRIPTION OF THE CENTERLINE OF ~ 15 FOOT PERMANENT DRAINAGE EASEMENT SITUATED IN " THE CITY. OF tlORTM RICHLAND HILLS, TARRANT COUNTY, TEXAS; SAID EASEMENT ALSO LOCATED IN 'LOT 17 O~, THE RICHLAND OAKS ADDITION FIRST F.ILUIG AS REèoRDED IN VOLUME Qq.75 , ,P4GE 291 ,OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS; SAID EASEMENT ALSO BEING IN THE HEIRS OF E.8. CARDER ,SURVEY, ABSTRACT NO. 308; r . . . THE DESCR I PTt ON OF SA ID CEHTERLI ME OF THE 15 FOOT PERMANENT DRA I NAGE EASEMENT BE I NG AS ~. .' . fOLLOWS: .BEGINNING AT A P(HNT 21.1-.0 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 17'; , _ THENCE SOUTH 89 DEGREES 1.1-6 MINUTES 00 SECONDS WEST 7.5 FOOT EACH SIDE AND PARALLEL WITH -THE CElrfERLtNE FOR A DISTANCE OF 221 FEET TO AN ANGLE POINT; . . THENCE SOUTH 59 DEGREES q6 MINUTES 00 SECONDS WEST FOR A DISTANCE OF q.8.00' TO THE END OF SA ID 15,' PERMANENT DRA IMAGE EASEMENT; SA I D PO I NT BE I NG I H THE SOUTH LI NE OF SA I D LOT '17 & BEING 1Q.0.63 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 17. .' ., .. PREPARED UNDER MY SUPERVISION KNOWLTON-RATLlFF-ENGUSH-FLOWERS,I:-' ENGt NEERS - ARCHITECTS - PLANNERS 600 FIRST STATE BANK BUILDING BEDFORD, TEXAS 76021' 817-283-62U--' _: ,-'- ~. ,r¿~Dfi<-~j ~~ U - ' 2 OF '2