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HomeMy WebLinkAboutResolution 2009-021RESOLUTION NO. 2009-021 WHEREAS, the City Council of North Richland Hills has previously authorized improvements for Signalization of Holiday Lane/Chapman/Meadow Road, some of which require acquisition of property herein described for such roadway project, all of which is found to be a public purpose; and WHEREAS, the City's use of the power of eminent domain is desired to be authorized by the North Richland Hills City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the City hereby finds that the acquisition of the property described on Exhibits "A," "B" and "C" hereto is necessary for a public purpose, to- wit: roadway improvements for Signalization of Holiday Lane/Chapman/Meadow Road Section 2: THAT the City's attorney, George Staples, is authorized after offering the appraised price and attempting to negotiate if rejected, to institute eminent domain proceedings to acquire the property described on Exhibits "A," "B" and "C" hereto. Section 3: THAT the City Council hereby authorizes the deposit of the award of the Special Commissioners into the Registry of the Court and authorizes the City's attorney and other officers to take all actions necessary to take possession of such property. AND IT IS SO RESOLVED. PAS~~~„~V,D APPROVED on the 22nd day of June, 2009. LAN w ~~.N.......~.,,~D ~, f' ~ ~~N CITY OF N H RI L TTE~`I': ~ ~-i By: ~.,~n, r.:'~,. ~ ,__ Oscar Trev' o, ayor City Secretary AP S TO ORM AND LEGALITY: George A. tapl s, City Attorney APPROVED AS TO CONTENT: ike Curtis, P.E., Managing Director D HILLS Resolution No. 2009-021 Page 1 of 4 EXHIBIT A t'ARCEi 2 "EXHIBIT A" BEING a Q.r3p1 acre lrac:# of Land situaied in the John C. McComas, Abs, Na, 104!3, City of Ncxth Richland hills, Tarrant County, Texas, and taefng a portion of that certain parcel ofi land conveyed #o Andrew Marincik and Nancy Marincik by warranty deed az recorded in Tarrant County Cle~'fc's instrument No. D19$145098 of the Deed Retards cat Tarrant County, Texas (D.R.T.C,T.}, said tract being herein more particu1orty dezt~bed by metes. ar-xJ bounds as foflaws; COMMENCENG tai a t'K-Nail found at the scxalheasfi property tamer of the said tvttarrncik tract, said eommenctng paint tieing in the existing paving ofi Chapman Road' (being o variable width right~t-way at this point}; THENCE Nor#h 89°46`itY' West, al~ang the zauth properly tine of the said Morncik tract. o t~stance ofi 390.41 feet to a point; THE'NCt: North OCt°13`50" East a distance of t 7.73 feet to a Y~" iron read with cap stamped "SPQQNER ANC3 ASSOCNATtwS'" set at the PC}fNT flP BEGINNfNG, said beginning point being on the north line saf !has apparent right-ot-way a# Chapman Road by prescription per the Cfy ofi North Richland Hills and by deed az re3corded in Yolume 9518, Page t f tab of the D.R.T.C'.T., said beginning point also being in an existing wire tenet: fine; THENCE North O1°2t"23" West a distance ofi 4.33 feet #o a'l~"aan read with ccrp stamped "SPCaONER ANC3 ASSOCIATES" Set; THENCE North t3tia38'3T' East a distance of 10.00 feet fo o'J;' iron rid with crap stamped "St'UpNER AND ASSOCIATES" set: THENCk South 0t°2t'23" East +~ distance of 4.31 feet to a 'rr," iron rid with cap stamped '"St'OC7NER AND ASSOCIATES" set on #hs said north line of the apparent right-afi-way of Chapman Road by prescription and deed, said point also being in the said wire fence tins; THENCE South E38°33'35" West, along the said right-cat-wcay lint: and along the said wire fence iin«~, a distance of 10.00 feet to the COlt~tt' aE BEGINNING containing 0.001 acres (43.2 Sa. Ft,) of land more artess. °SUftV'C1'QRS C£RTiFtCA't'E'" 7o aft parties interested in title to the premises surveyed,! do hereby certify that the above legit description was prepared from public records and from an actual and accurate survey upon the ground' and that same is true and correct. .~'". ~~i x by; ~!'.,/,~~''~'aC't""` _ _ , Dote; ~t ^*f a~ ~ ~` ~' Surveyors Name: Eric S. Spooner Registered Prcatezsionai Land Surveyor. Texas No. 5922 Date cat survey: t i-06-07 Page l of 4 Resolution No. 2009-021 Page 2 of 4 EXHIBIT B PARCEL? "EXH18lT B" BEING a 0,001 acres tract of land situated in fhe John C. McComas, Abs. Na. 1040. City at Narih Richland Hi11s, Tarrant County. Texas. and being a portion al that certain parcel of fond conveyed to Andrew Marincik and Nancy Martnck fay warranty deed as recorded in Tarrant County Clerk's instrument No, D 148145Ct48 of the fJeed Reccxds of Tarrant County. Texas (p.R.T:C.T.J, said tract toeing herein more particutarty descritaed by metes acrd taaunds as folir~ws: CC3MMENCWG at a PK-Nest! found rat the southeast property corner of the said Marincik tract, said commencing paint being in the exist~-rg paving at Chapman Road (being a variable width right-of-wcay at this point}: THENCE Ncxth $4°46' l O" West, atang the south property line of the said Marincik tract, a distance of X14..7'7 feet to a point: THENCE North 00°13`50" East a distance of 22.78 feet to a'h" iron rod with. cap stamped "SPOONER ANi:7 ASSOCIATES" set at the PUINT OF BEGINNING. said beginning point kreirrg on fhe north tine of the apparent right-of-way of Chapr»an Resod by fxesc:riptiorti per the City of North Richland Nils and by deed as recorded in Volume 95t8, Page 1 l8fr of the D.R,T,C.T., said Beginning paint also being in an existing wire fence line: THENCE North 01°21 `20" West a distance of 5.03 feat to a '/~"' iron rod with cap starnped "SPOONER ANI7 ASSOCIATES" set: THENCE North $8°38`d0" East a disfcrnc~: of 10.00 feet to a h" iron rod vvlth cap stamped "SPOONER ANC7 ASSOCIATES'" set: THENCE 5cruth O1 °2 i'~1" East a distance of 5.04 feet to a '~" iron rod with cap stamped "SPbONER AND AS50CIATES" set on the said north tine of the apparent right-cat-way of Chapman Road try prescription and dead, said paint also baring In the said wife Lance line: THENCE South 88°4l`24" West, along the said right-at-way Gna and along the said wire fr~nce line. a dstance of 10.00 feet to the POINT bF BEGINNING containing 0.00t acres (50.4 Sq, Ft.) of fond mare ar less. "SUR V EyC7tt5 CEt27'tt: tCA T`l=' To aft parties 'Interested to title to the premises surveyed, I do hereiay cedity that the above iegnl deserrption was prepared from pubtic records and from err actual and accurate survey upon the ground rand that sam+~ is true and correct. ',~'4.-v By:_._. Date:_.__.__~ Surveyors Noma. S, Spooner Registered Professional Land Surveyor, Texas No. S~i22 t3ate of Survey: t i-Oro-t)r 'age 2 aC4 Resolution No. 2009-021 Page 3 of 4 EXHIBIT C rAxct:i s "ExHlstr c~ BEING a 0.003 acre tract of land sifuaied in the Jahn C. McGamas, Abs. Na. }040, City of Moth Richtand H11s, Tarrant County, Texas, and being a portion of that certain parcel of land conveyed tp Andrew Marincik and Nancy Morincit: by warranty dead as recorded in Tarrant County Cleric's Ins#n,rmenf No. f7 i 9$t 45098 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said tract being herein more particutariy described by metes and bounds as fatfows: Cf>t4+lMENCiNG ai a PK-Nail found at the southensi property corner of the said f'viarincik tract, said commencing point being in the existing paving of Chapman Rand (being a varfabte width right-nf-way at this paint); THENCE North 89°46'10" West, a9ung the south prnperfy line of the said MarinCik tract, n distance of 140.74 feet fa a paint; THENCE North 00°13'50" East a distance of 19.48 feet #o a °1r" iron rad with ccrp stamped "SPtJCtNER ANq ASSC7CiATES" set at the POINT OF BEGtNNiWG, said bE:ginnirlg paint being an the north fine of the apparent right~f-way at Chapman Raad by prescription per the City ai North Richland hE6ts, said Beginning paint dso being at the existing noth back of curb of said Chaprr~an horrd; THENCE North O1°} 7'41" West a distance at 14.40 feet to a Ya" iron rod with cap stamped "SP©C+NER AND ASSOCIATES" set; THENCE Narfh 88°38'40" East o distance a# }0.00 feet to a'Iz" pan rad v~ith Cap stamped "SPCC7NER AND ASSOCIATES" set; fiHENCE South 03°} 7'd}" East a distance of 14.40 feet to a Yx" Iran rad vrith cap stamped "5PQ~NER AND ASSOCIATES" set an the said narih line of the apparent right-af-way at Chapman Road by prescription per the City of North Richland Nibs, said point also being ai the said existing north back of Curio of Chapman Raad; THENCE South 8$°38'4(}"' West, along the said right-of-way line and along the snid back at curb line. a distance at 10.00 feet tee fibs POINT OF BEGINNING Containing 0.003 acres (} 44.0 Sq. Et.~ of land mare, ar less. •SURVEYdR5 GETtTff'ICA7"E• To ail parties interested rct title to the premises surveyed, I da hereby certify that the akrove iegai description was prepared from public records and from an actual and racCUrate survey upon the ground and that carne is true and correct. . c/L» Survc3yars Name; Ettc S. Spanner Registered Prafessianai Land Surveyor, Texas Na. 5922 Date nt Survey; 1 1-0b-07 Ptxte 3 of 4 Resolution No. 2009-021 Page 4 of 4