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HomeMy WebLinkAboutResolution 2012-048 RESOLUTION NO. 2012 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, DECLARING THE NECESSITY TO ACQUIRE TITLE TO LAND DESCRIBED HEREIN, AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS ALONG RUFE SNOW DRIVE NECESSARY FOR A PUBLIC STREET, SIDEWALKS AND RIGHT OF WAY AND ASSOCIATED DRAINAGE /UTILITY USES, INCLUDING TEMPORARY CONSTRUCTION EASEMENTS; AND AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY. WHEREAS, the City Council of the City of North Richland Hills, Texas ( "City Council "), has determined that the property described in Exhibits A and B hereto, is appropriate for use by the City of North Richland Hills for the public street project including sidewalks and right of way therefor and associated drainage and utility uses ( "Rufe Snow Drive Project "), and that there exists a public necessity to acquire the property herein described, for the Rufe Snow Drive Project; and WHEREAS, the City Council desires to acquire the property described in Exhibits A and B hereto for the aforementioned public uses because such property is necessary for completion of the planned and approved Rufe Snow Drive Project, in the City of North Richland Hills, Texas; and WHEREAS, the City Council finds that all necessary steps to acquire the needed property interests, including but not limited to the retention of appraisers, engineers and other consultants and experts, and that a bona fide offer in the amount of the appraisal has been offered the owners and that the Landowner Bill of Rights has been tendered to the owners and that the City's representatives have attempted to negotiate the purchase price but that such negotiations have been unsuccessful and that it is necessary to institute condemnation proceedings to acquire the property described in Exhibits A and B hereto; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: All of the above premises are hereby found to be true and correct legislative and factual findings of the City Council of the City of North Richland Hills, Texas, and they are hereby approved and incorporated into the body of this resolution as if copied in their entirety. Section 2: The City Council hereby finds and determines that a public purpose and necessity exists for the City of North Richland Hills to acquire the property described in Exhibits A and B hereto for a public use, to wit a public street Resolution No. 2012 -048 Page 1 of 9 and a sidewalk and associated drainage and utility improvements, and the property described in Exhibit B hereto for a public use as a temporary construction easement for such public streets, all as part of the Rufe Snow Drive Project, and to acquire the necessary property rights in such described property from the owner of such property, Double Acres, LLC, and the lienholder(s). Section 3: The City Attorney, or designee, is authorized and directed to acquire the required property rights for the City of North Richland Hills, and to acquire said rights in compliance with law. Moreover, the City Attorney, or designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights including to institute proceedings in eminent domain. PASSED AND APPROVED on the 10th day of December, 2012. CITY O RTH RI AND HILLS a ? -^ By: scar Tre • o, Mayor ATTEST: �•o /., Patricia Hutson, City Secretary APP S TO FORM AND LEGALITY: iA APP x lc�� George A. gtaple , City Attorney Resolution No. 2012 -048 Page 2 of 9 Parcel No. 53 C53 No.: 0902 -45 -830 Plate: October 6, 2 €1 t Exhibit A, Page 1. of 3 Pages Beii - a 0 OS3 acre "tract of land situated in the" W. IViann - Survey, abstract_ No__ 1010, _ City of North Richland Hills, Tarrant County, Texas, said 0.033 acre tract of land being out of Lot 4, Block 2, Northpark Plaza, 2nd Filing, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Voluine 388 -139, Page .99 of the Plat. Records of Tarrant County, Texas, said Lot 4 deeded by Edmund B. Frost and Harold J. Frost, Co- Trustees of the Robert H. Frost Testamentary "Trust, Harold. J. Frost and Robert H. Frost, Co- Trustees of the Edmund B. Frost Testamentary Trust, Robert H. Frost and Edmund B. Frost, Co- Trustees of the and Harold J. Frost Testamentary Trust Robert W. Bowen, Pamela. Anderson and Susan. Bowen Iulinsky, Co- Trustees of the Patricia Featherngill Testamentary Trust, Pamela Anderson, Susan Bowen Hulinsky and Patricia Featherrngill, Co- Trustees of the Robert W. Bowen. Testamentary Trust, Susan Bowen Hulinsky, Patricia Featherngill and Robert W. Bowen, Co- Trustees of the Pamela Anderson. Testamentary Trust, Patricia Featherngill, Robert W. Bowen and Pamela Anderson, Co-Trustees of the Susan Bowen Testamentary Trust, Edmund B. Frost and Robert H. Frost, Co- Trustees of the Harold J. Frost Irrevocable Inter Vivos Trust, Robert H. Frost and Harold J. Frost, Co- Trustees of the Edmund. B. Frost :Irrevocable Inter Vivos Trust, Harold J. Frost and Edmund B. Frost, Co- Trustees of the Robert H. Frost Irrevocable Inter V.ivos Trust, George Marcum Frost LLLP., .Patricia Bowen Featherngill LLC, R. W. Bowen, LLC, Pamela B. Anderson, LLC and Bowen Trail, LLC to Double Acres, LLC by Special Warranty Deed with Vendor's Lien. dated January 23, 2007 as recorded in County Clerk's File No. D207025515 of the Deed Records of Tarrant C,oucity, Texas, said 0.033 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a R.O.W. marker set for the intersection of the proposed east right -of -way line of Rufe Show Drive (a variable width right -of -way) with the existing east right-of-way line of said Rufe Snow Drive, said R.O.W. marker being in the south litre of said .Lot 4, said R.O.W. marker also being in the north line of a 12.5' right -of.- -way dedication as recorded in Volume 388 -196, Page 51 of said Plat Records of Tarrant County,. Texas, said R.O.W. marker also being 55.00 feet right of and at night angles to centerline station 223 +94.77 of the proposed centerline of said Rufe Snow Drive, .from which a 1/2 inch iron rod with cap stamped. ` "JPH" found for the northwest corner of Lot 2, Block. A, Northpark Plaza Addition, Section 2, an addition to the City of North Richland Hills, Tarrant County, "Texas as recorded in Volume 388 -196, Page 51 of said Plat Records of Tarrant County, Texas bears North '89 degrees 36 minutes 34 seconds East a distance of 5.00 feet, said 1/2 inch iron rod with cap stamped "JPH" being in the south line of said Lot 4, said 1/2 inch iron rod with cap stamped "JPH" being the northeast comer of said 12.5' right -of -way dedication, said 1/2 inch iron rod with cap stamped "JPH" also being an exterior ell corner in the existing east right- of-way line of said Rufe Snow Drive; (1) THENCE South 89 degrees 36 minutes 34 seconds West, with the south line of said Lot 4, with the north line of said 12.5' right -of -way dedication, and with the existing east right -of -way line of.said Rufe Snow Drive, a distance of 7.44 feet to a 1/2 inch iron rod found for the southwest corner of said Lot 4, said 1/2 inch iron rod being the southeast corner of a right-of-way dedication as recorded in Volume 388 -139, Page 99 of said Plat Records of Tarrant County, Texas, said 1/2 inch iron rod also being an interior ell corner in. the existing east right -of -way. line of said Rufe Snow Drive; Resolution No. 2012 -048 Page 3 of 9 Parcel Nan. 53 C:SJ No.: 0902 -48-830 Date: October 6, 2011 Exhibit A, Page 2 of 3 Pages ._(2) _ _THENCENorth -00 degrees 02 minnutes-42- seconds-- East;-w:it-h -tlie - west -ln. of said- -Lot 4, _.._ with the east line of said right- of-way dedication, and with the existing east right -of -way line of said Rule Snow Drive, a distance of 190.01 feet to the reconstructed northwest corner of said Lot 4, said reconstructed corner being the southwest comer of Lot 2, Block 2, Northpark Plaza. 2nd Filing;, an addition, to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388 -1.26, Page 86 of said Plat Records of Tarrant County, Texas, said reconstructed corner also being the southeast corner of a right-of- way dedication as recorded in Volume 388 -126, Page 86 of said Plat Records of Tarrant County, Texas; (3) THENCE North 89 degrees 34 minutes 38 seconds East, with the north line of said Lot 4 and with the south line of said Lot 2, a distance of 7.47 feet to a R.O.W. marker set for corner in the proposed east right -of -way line of said Rufe Snow Drive, said R.O.V. marker being 55.00 feet right of and at right angles to centerline station 225-+ -84.78 of the proposed centerline of said Rufe Snow Drive; (4) THENCE South 00 degrees 03 minutes 15 seconds West, with the proposed east right - of -way line of said Rufe Snow Drive, a distance of 190.01 feet to the POINT OF BEGINNING, and containing 1,416 square feet. or 0.033 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) Bearings are referenced to the Texas State Plan Coordinate System,. NAD 83, North Central Zone, utilizing TxDOT Virtual. Reference System NetworI; with a surface factor of 1.00012. (3) Distances and areas shown hereon are surface. (4) R.O.W. Markers are 5/8 inch iron rods with blue caps stamped "Gorrondona ", unless noted otherwise. SURVEYED ON THE GROUND December 18, 2008 �6 Curtis Smith 4 Registered Professional I_.and Surveyor No. 5494 y r Y Sa � Resolution No. 2012 -048 Page 4 of 9 gL OCIC 2PLAZA LINE 1INE TnABLE ©151AN.CE gK VOLUME 3138-12 LOT 2 N '( "'t Flbf� CPAOE 86 I_ - S 89 "36'34 "W 1 7.44' S PACE 86, P.R.1,C.T, L-2 54 �L g T j. ' 89'34'38 RCC SET R.O.W. MARKER STA 225+84.78 J 55.00' RT. l w zL LOT 4 � z G.c F g t o. A D207025515 ��y � ��L D.R.T.C.T. C Uj I- o U� NaR2KdA LpAGE gg ]_ In U Oi 3- 2 c`! G .M- SJ 1 f —Lj C) 10 00 ar ,f 9� �y 38 C.T (f) N ;, : 1'7 W z C, LL� �w a3 Li R a ;! i d 0.Q ER P O� N 89 - E FND " WITH CAP FND I /2 "IR D JPH N N j- INGRESS /EGRESS II SET R.O.W. MARKER I EASEMENT LOT 2 I I pN i STA 223+94.77 -- J_,..- __.... —__ —_ LOCH A d1)1)fTI 55,00' ITT. _}� p K PLAZA 1. 12.5' DEDICATION [N P•0•�. NOTffPA FGTfO96, PAS VOLUME 385 -196, PAGE 51 � +— PARCEL 53 P.R.T.C.r. VOX;E p.g T' 40 20 0 40 NOTES: 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE "# HEREWITH ACCOMPANIES THIS PLAT. 2. BEARINGS ARE REFERENCED TO THE TEXAS STATE SCALE IN FEET PLANE COORDINATE SYSTEM, NAD 83 NO" r z LEGEND CENTRAL ZONE, UTILIZING TXDOT VIRTUAL FENCE LINES - --e — REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.O.W. LINE -- FACTOR OF 1A0012. PROPERTY LINE 'L ;. �. EXISTING FEATURES ..... i - 3. DISTANCES AND AREAS SHOWN HEREON ARE SURVEY LINE F SURFACE. PARCEL NUMBER ' RECONSTRUCTED CORNER RCC 4. R.O.W. MARKERS ARE 5/8' IRON RODS WITH °" R.O.W. MARKER U SLUE CAPS STAMPED 'GORRONDONA" UNLESS NOTED OTHERWISE. / �' SURVEYED HE f7UA1D DECEMBER 18, 2008 1, STAT[ DISTRIC COUNTY�i T03 TE �s 2 PARCEL No. 53 rARRANT P:;o DOUBLE ACRES, LLC NOW 0 DATE' OCTOOER 61 2011 " HIGHWAY N4, S , CJRTlS SMITH, RPI.S No. 5434 PAGE 3 OF 3 PAGES CSJ: 0902 -48 -830 RI.a'E R.O.W. TAKING 1,416 SQ.FT. OR 0.033 AC. Resolution No. 2012 -048 Page 5 of 9 Parcel No. 53 T. CS.I No.: 0902 -48• -830 Date: March 14, 2012 ,Page I of 4 Pages Being, a 0.048 acre tract of land situated in the NY. Marur Survey, Abstract No. 1010, City of blortb Richland Hills, Tarrant Couwty, Texas, said 0.048 acre tract of land being out of Lot 4, Block 2, Northpark Plaza, 2 Filing, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388 -139, Page 99 of the Plat Records of Tarrant County, Texas, said Lot ,4 deeded. by Edmund B. Frost and Harold J. Frost, Co- Trustees of the Robert 11. Frost Testamentary Trust Harold J. Frost. and Robert Id. Frost, Co- Trustees of the- Edmunid B. Frost Testatrierttary Trust, Robert H. Frost Arid Edmund B. Frost, Co- Trustees of the and Harold J. Frost Testamentary Trust, Robert W. $owen, .Pamela Anderson and Suseii Bowen Hulinsky, Co Trustees of the Patricia FeathemgilI Testamentary Ttus4 Pamela Anderson, Susan Bowen Hulinsky and Patricia FeathemgiIl, Co- Trustees of the Robert W. Bowen Testarrtentary Trust, Susan Bowen H.ulinsky, Patricia Feathetngill and Robert W. Bowen, Co- Trustees of the Pamela Anderson Testamentary Trust, Patricia Feathernt II, Robert W. Bowen and Pamela Andersonu, Co- Trustees of the. Susan Bowen Te3tanientary Trust, Edmund B. Frost and Robert H.•Frost, Co- Trustees .of the Harold J. Frost Irrevocable Inter Vivos Trust, Robert H. Frost aid Harold J. Frost, Co- Trustees of the F:dirtund B. Frost Irrevocable inter Vivos Trust, Harold 1. Fros! and Edmund B: Frost, Co- Trustees of the Robert H. Frost Irrevocable Inter VIvos 'Trust, George Marcum, Frost LLLP., Patricia Bowen Featherngill, LLC tZ.. W. Bowen LLC, Pamela 13. Anderson, LLC and Bowen Trail, LLC to Double Acres, LLC by Special Warranty Deed with Vendor's Lien dated January 23, 2007• as recorded ii County Clerk's File No. D207025515 of the Deed Retards of Tarrant County,.Texas, said 0.048 acre tract of land being more particularly described by metes and bounds as follows: MiGFNNING- .af a R.O.W. mar. er set for the intersection of ±lie proposed east right-of-way line of.Rufe Snov! Drive •(a variable width tight of -way) with the existing east tight-of-way line of said Rufe Snow Drive, said K.O.W. marker being.in the south line of said Lot 4, said R.O.W. marker also being in the north line of a 12.5' right -of -way dedication as recorded in Volume 388 -196 Page 51. of said Plat Records of Tarrant County, Texas, said R.0,W. marker also being 55.0.0 feet right• of and at right angles to centerline station 223 +74.77 of the . proposed centerline of said Rufe-Snow Drive, from which a 1/2 inch iron: rod found fox the southwest comer of will Lot 4 bears. South 89 degrees 36 minutes 34 seconds West, a distance of 7.44 feet, said IfI isiclr iron rod being the southeast dorner'of'a right -of -way dedication as recorded in Volume 388 -139, Page 99 of said Plat Records of Tarrant County, Texas, said 1/2 inch iron rod being the northtivest corner of said 12.5' right-of-way dedication, said 1/2 inch iron rod also being an interior ell, corner in the existing east right- of -Nvay line of said Rufe Snow Drive; (1) TJt INCE North 00 degrees 03 miruutes 15 seconds East, with the proposed east right =of- way line of said Rafe Snow Drive, a distance of 190.01 feet to a R.O.W. marker set for comer in the north line of said Lot 4, said R.O.W. marker being in the south line of Lot 2, Bloek L, Noillipark Plaza, 2nd Filing, an addition to true City of North Richland Hills, Tarrant-County, Texas as recorded ih Volume 388 -126, Page 86 of said Plat Records of Tarrant County, Texas, said R.O.W. marker also being 55.00 feet right of and at right angles to centerline station 225x-84.78 of the proposed centerline of said 'Rufe Snow Drive; WRIT .) a Resolution No. 2012 -048 Page 6 of 9 Parcel No. 53 TE CSJ No.: 0902,48 -836 Date; M:. rch 14, 2012 Paige 2 of 41Pages (2) THENCE North 89 degrees 34 minutes 38 seconds Last, with the north tine of said Lot 4 and with the south line of said Lot 2, a distance .of 21.68 feet to a point for corner from which the reconstructed northeast corner of said Lot 4 bears Nordi 89 degrees 34 minutes 38 seconds Bast, a distance of 92,85 feet; (3) THENCE South 00 degrees 26 minutes 15 seconds East, a distance of 3.92 feet to a point for corner; (4) THENCE North 89 degrees .56 minutes 45 seconds West, a distance of 16.71 feet to a point for comer,' (5) TIMNCK South 00 degrees 03 minutes 15 seconds Ylest, a distance of 122.48 beet to a point for corner; (6) THENCE South 89 degrees 5.b minutes 45 seconds Bast, a distance of 16.62 feet to 'a point for corner, (7) THENCE S"otith 00 degrees 31 minutes. 10 seconds .East, a distance of 63.62 feet to a. point for cornet in thid south line of said .Lot 4, said point being in .the nort4 line -of Lot 2, Block A, Northpatl Plaza Adaitioil, Section 2, an addition to the City Qf North Richland Hilfs, Tarratxt County, Texas .as• recorded in Volume 388• -195, Page - 51 of said Plat Rdeords of Tarrant County, Texas, (8) THENCE South 89 degrees 3..i minutes 34 seconds West %ith the south line of said Lot 4 and with the north line of said Lot 2, passing at a distance of 17.26 feet, a 1/2 inch Trots rod with cap stamped- "J'PH" f6und for the northwest corner of said Lot 2, said 1/2 inch iron. rod with cap stamped "JPH "'behig the northeast corner of said 12,5' right -of way dedication, said 112 inch iron rod with cap stainped "JPH" also being an exterior ell corner hi the - existing cast right-of-way fine of sdid Rufo Snow Drive, in all, a distance of 22.26 feet to the POINT OF . BFG 1�TING, and containing 2,093 square feet or 0.048 acres of land, more or less. , Resolution No. 2012 -048 Page 7 of 9 Parcel No. 53 TE C,9 No.; 0902-48-830 Date: A 14, 2012 'age 3 of 4 Pages _. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) Bearings are refereneed' to the Texas State Plan Coordinate System, NAD 83, North Central Zone, utilizing TxDOT Virtual Reference System Networlt with a surface factor of 1 .00012. (3) Distances and areas shown hereon 'are surface.. (4) R.O.W. Markers are 5/8 inch iron rods vvith blue caps stamped "Gorrondona ", unless noted othetvi.se. SURVEYED O N THE GROUND December 18, 2009 Curtis Smith,:, Registered Professional Land Surveyor"``;? No. 5494 CL Ms SMITH .l, •• psis : � y = ��,.,, r b Resolution No. 2012 -048 Page 8 of 9 - 0CB LOT z T1 Rm Y F RO 014 5.00 RT. � PAOy SC VOLUME CT. RO.>di� KER YOE gp �T'c•7 L -2 N 11 9'3. 0 8 "E 92.85' ROC T —4 n $ Yf Lai" 4 "i DOUBLE ACRES; L-LC ° tt !I c C.C.F. No. D207025515 1 sa �• C,1 '� d U- W I 0 oM—.J aXL �. 0 g88— w v 't , LU LL Q a } 0 '. L --rJ LINE TABLE M is ° �u Z LINE BCARIhIG DSTANCE a O li Gnsk ?L N L-9 N 8836'3#'E Z R . ?: ••7`•i : 961 .ct bN I Est1;: s.i±, tr'7 't -g f3 8RW34'."i: 27.68 •• N 'jfi :` :; ;i I. 9Ta 5:% TE 00 S8 28 i S'E 3 A2 ° a Yllk ii � L-•4 N 00 96.71'. osz I 1:F5:s1 ":..••'{:' � t.'-5 S $9'S84S'E 18.$2 a k. fl I41!ri'il L -G S 8W.393 22 73' ti @ T n s l 00' •3. • �'x� �� 1 • 2 STA SET R.O.W. it KER [r; ',a•sT o M FND 1/2 ° IR " y 1 ,lii Uf rj L -1 I ,-- --+-(- INGRESS /EGRESS LOT 2 ' • .I i EASFdIENT P.O.B. PluSiHG AT 9.7.26' PARCET. 63 TE FND 1 �2'IR WITH CAP i STAMPED JPH T2.5' R.O.W. DEDICATION pC ppj ft VOLUME 388 -196. PAGE �i DL -f% K A T P.Po.T.C.T. I T x , j S l] cTIO14 `� �Jtr:�i�•i 51 +`J NOTES: V y rrL s K.T ��. 40 20 0 40 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. - - -- 2. BEARINGS ARE RIfERENCED TO THE TEXAS STATE SCALE IN FEET PLANE COORDINATE SYSTEM. HAD 83 NORTH f1•„ u LEGEND CENTRAL ZONE, UTILIZING PADOT VIRTUAL j •v Jll, s FENCE UN S — REFERENCE SYSTEM NETWORK WTTI-I A SURFACE �•� PROPOSED R.O.W. UNE ---- - - FACTOR OF 1,00012. •• i- q PROPERTY LINE EXISTING FEATURES, - • ------ 3. DISTANCES AND AREAS SHOWN HEREON ARE ff; `�% w SURVEY LINE --^-- SURFACE . d « «W « « i. " PARCEL NUMBER RECONSTRUCTED CORNER RCC 4. BLUE CAPS STAMPED ' STAMPED S CARD ROWUNLESS �i.•r «~~ �:i: ' ~':r R.O.W. MARKER W NOTED OTHERISE. 7 ~ ` �• ^: SURVEYED ONAE GROUND DECEMBER i8, 2008 1 ! ;� r STATE DLSTRICT C011NTY JOB — 'CXAS 2 PARCEL. No. 53 Tf txaANY a3n DOUBLE ACRES. LLC �� 'Y ✓ { WORMY` No. DATE: MAR64 14, 2012 Cam; 0902 -48 -830 s {k £ FNtTYt 0lilYE CURTIS Sfv4flH, RPtS No. 5494 PAGE 4 OF 4 PAGES ,rE pyT gREA n.Og3 SQ.FT. OR 0.048 ,4C. Resolution No. 2012 -048 Page 9 of 9