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HomeMy WebLinkAboutResolution 2012-031 RESOLUTION NO. 2012 -031 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 -031 Page 1 of 10 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, CLK Property Investments, L.L.C., 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. CITVca ORTH IC LAND HILLS By. vino, Mayor ATTEST: ~` Patricia Hutson, City Secretary M AS TO F RM AND LEGALITY: George A. S aples, City Attorney Resolution No. 2012 -031 Page 2 of 10 Parcel �O. 1 CSJNw'- 0902-43-830 Date: October 06+%0K1 L�xhibit A, Page l of 4 Pages Being u 0.023 uocc dnc| of land situated in the W.J. Miller Survey, Abstract No. 1020. City of Watauga, Tuoaot County, ?czuu said 0.022 acre tract of land being out of the renzojodcc of Cidna Services No. l, an addition 0 the C'itynfVVotuogu Tarrant County, Texas as recorded in Volume 388-138, Page 46 of thePlat Records of Tarrant County, Texas, said Cities Services No. I being deeded by 7-Eleven, Inc. to CLK Property Investments, L.L.C. by T9aoamty Deed dated October 28, 2004 as cmouudcd in County Clerk's File No- D204338288 of the Deed Records of Tarrant Coiiiity,Texas, said 0.022 acre tract of land being more particularly described by metes and 6ounds as follows: BEGKNN J'�NG all uD.(}.W. marker set for the intersection of the proposed west liubt-nt-vvuyline -f'Rufe Snow Drive (a variable width right-of-way) with the existing north riobt-of-p/ay line of Watauga Road (a variable width. riohto1-wuv), said R.O.W. marker being in the south line of xni� Critics Services No. l, said R.O.W. zuozkur bei 80.41 feet iotf of and at right auo|oo to centerline station 3O1+4j.52 of the proposed centerline of said Rufe Snow Dri froon;vhicb a 1/2 inch irno rod with ouy stamped ^^{}oaut Eo'oeodog found fbr the southwest comer of said Cities Services No. l bears South 89 degrees 58 zniou1eo 56 seconds West, u distance of 123.32 K:,1, said 1/2 bz6z iron rod with cap stamped "Grant Engineering" being the southeast corner of Lot 25, Block ], Singing RiUu Addition, an addition to the City of Watauga, Tnnrooi County, as recorded in Volume 388-183, Page 13 oI said Plat Records ofTurrum( County, Texas, said 1 inch iron rod with uup stamped "Grant Engineering" boiog in tbo oxio�og nor night'nt- vvuy|ioeofauidWutoogu>loud; (l) H;ENCE North 45 de-rmeu 00 minutes 29 seconds East, with the propose Im/eat of-way fino of said Rufe Snow Dnive, a distance of 30.30 feet to a. R.O.W. marker set for corner, � TV North 00 degyces 02 ininuteu 02 seconds Bast, with the proposed west t- of-way line ufaoidDofe Snow Drive, u distance ofl22.7V tlecLto uBi,D.W. nuadkuroet for corner; (3) North 14 degrees 00 minutes 05 seconds West, with the pr��� west ��- of-Wny lino of said Bbzfe Sonvv Drive, u distance of i.65 tect to u R.O.W. coudcur set tbr conner in the north line of said Cities Services No. l said R.O.W. marker bsJoY in the »noth boo of Lot 26R2, Block 3. Singing F{Ub Addition, an addition to the City of Watauga, Tarrant County, Texas eu recorded io County Clerk's File No. I} said Plnt Records uf Tarrant County, Texas, ocddR.O.9J. marker being 66.37 feet left my and at right angles to centerline station 202+95.14 of the proposed centerline of said Rufe Snow Drive, fi Services No. l bears North 89 degrees 54 minutes 44 seconds West, m distance o[l43.l5 [ect, said 1/2 inch iron rod being the southwest cornox of said Lot 26D2, said I/2 inch iron rod being io the east line of said Lot 25; Resolution No. zo1u'on1 Page no,1n Parcel No. 1 CSJ No- 0902-43-830 Date, October 06, 2011 Exhibit A, Page 2 of 4 Pages 0� T -7 1 711 INCE South 99 degrees 54 ininutes 44 seconds East, Witt. the north line of said Cities Services No. t and with the south line of said Lot 2682, a distance of 6,85 feet to the reconstructed northwest comer of a 25.0' right-of-way dedication as shown by plat recorded in Volume 388-138 Page 46 of said Plat. Records of Tarrant County, Texas, said reconstructed comer being in the south line of said Lot 26R2, said reconstructed comer being an exterior ell comer in the existing west right-of-way line of said Rufe Snow Drive, from which a TxDOT monument stamped "1219" Found for the southwest comer of a 473 square foot tract of land (by deed) further described as Parcel 'No. 4 awarded to the City of North Richland Hills in Cause No. 010520-2 of the Probate Records of Tarrant County Texas bears South 89 defyi 54 minutes 44 seconds East, a Y C� disteirice oF 5,58 feet, said TxDOT monument stamped - 1219" being in the south line of said Lot 2682. saidTxD0T movinnent stamped "1219" being an interior ell corner in tht, existing west right-of-way line of said Rufe Snow Drive; I,- " N - ic west lin I h I l of said 25.0 ME, CE South 00 degrees 13 minutes 16 seconds West., with t1 tig ht -of -way now ght-of way dedication and with the ex west right-of-way line of said Rui Drive, a distance of 139.28 feet to the reconstructed north comer of a 50 sq uare foot tract of' tand (by deed) deeded to the City of North Richland Hills as recorded in Volume 14186, Page 282 of said Deed Records of Tarrant County, Texas; :(6) T� 1 E NCE South 40 degrees 55 rninutes 30 seconds West, with the northwest line of said 50 square foot tract of land and with the existing west right-of-way line of said Rufe Snow Drive, a distance of 13.65 feet to die reconstructed west comer of said 50 square lbot tract of land, said reconstructed comer being in the south line of said Cities Services No. 1, said reconstructed comer also being the intersection of the existing west right-of- way line of said. Rufe Snow Drive with the existing north right-of-way line of said Watauga Road: f7) THENCE South 89 degrees 58 minutes 56 seconds West, with the south line of said Cities Services No. 1 and with the existing north night-of-way line of said Watauga Road, a distance of 17.50 fieet to the POINT OF BEGINNING and containing 970 square feet o.r 0.022 acres of land, more or less. Resolution No. 2012-031 Page 4 of 10 Pat-eel No. I CS.3 No.: 0902-48-830 D2te, October 06, 2011 E ddhit A, Page 3 of 4 Pages N" f " e S: (1) A plat of even survey date herewith accompanies this legal descripti C (2) Bearings are referenced to the Texas State Plan Coordinate System, NAD 93, North Central Zone, utilizing TxDOT Virtual Reference Systern Network with a surface factor of 1.00012 ( Distances and areas shown hereon are surface. (4) R.O.W. Markers are 5/8 inch iron rods with blue caps stainped "Gorrondona", unless noted otherwise. SURVEYED Oh? THE GROUND December 18, 2008 . . ......... Curtis Smith Re,-Pstered r-rotessiomal Land Surveyor No. 5494 Resolution No. 2012-031 Page 5 of 10 a e 4_ ov gy A A V t0?' 2682 1 T I LTycTC AnIT 8 40 2 0 0 40 r GAT 'G T�fL' 10j 0 t � 0 SITCc.F, 'ToP f. " T Y ' S 89 "54 "4 "E S CALE IN FEET ad I� PARCEL No. 4 1 S 202 +95. 1 478 SQ. FT' (BY GEED) CITf OF t.C1RTl -i RICHLAND HILI-Si F€ CAUSE No. 010520 - -2 � SET R,O.W MARKER e N 89'54'44'V 143.15' -- r' -NT' 1/2" T. SiAMPEU '1219" FIJD TX 007 MONUMENT -»,- - # IRO ROD 5.0 U71!_nY EASEMENT _'___ t_ LOT 25 RE C I .` • � 565 � I SET R.O.W. MARKER cti! I 4 I r.., eri tP9 r,3 I ty EXISTVr I cv RIGHT -OF -WAY 7 08 CLK PROPERTY r r� INVESTMENTS, L.L.C. I a Ky °' c3J C.C.F. No. D204338208 j w 3 t D,R,T.C.T. PROPOSED I r Q ° z RIGHT—OF—WAY @ ^ e[ +ern I /9 H .� #L v,) �.I ✓i v I�+' P �yiG (' (gyp a� ' IZ'S 88_13 A b '� ( tom tY t V —� F— + ,l�Yyy i x ce. ti I I SET R.O.W, MARKER L v Q 4� L a I a FNO 1/2" IRON ROD AI/CAP GRANT ENGINEERING l� f 1 I I RCC � 69'58'56 "W 12.3.32' ° Rt^< -- EXISTING SET R.O.W. MARKER RIGHT -OF -WAY 50 S0. FT. (BY OEEC} STA 201 + 45.52 C111 OF NORTH RICHENC 1111LS k 86 r'T VOLUME 14166, PAGE 262 (A VARIABLE WIDTH RIGHT— OF —WAYj P.O.B. S 89 °58'56` };t r_ PARCEL 1 17,50' DOTES: 1, 01 LEGAL DESCRIPTION OF EVEN SURVEY DATE HER NVITH ACCOMPANIES THIS PLAT. 2. BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83 NORTH LEGEND CENTRAL ZONE, UTILIZING TXOOT VIRTUAL FENCE LINES —n —x REFERENCE SYSTEM NETWORK WTH A SURFACE PROPOSED R.O.W. LINE-.. - FACTOR OF 1.00012. PROPERTY LINE 3, DISTANCES` AND AREAS SHOWN HEREON ARE ; r > " EXISTING FEATURES _.. __........._ SURVEY LINE $ ---- SURFACE, PARCEL NUMBER !J 4. R.O.W. MARKERS ARE 5/8" IRON RODS WITH ` RECONSTRUCTED CORNER RCC BLUE CAPS STAMPED "GORRONDONA° UNLESS R.O.W. MARKER. NOTED OTH' R'itISE. SUR1" YED, -ON THE GROUND DECEMBER 18, 2008 5' DISTRICT A ARCEL No. 1 TEkrS 2 LK PROPERTY INVESTMENTS, L.L.C. OATS: OCT06ER 06, 2011 : 902 -48 --830 CURTIS SMITH, RPLS No. 54.94 PAGE 4 0E 4 PAGES R.O.W. TAf�ING q 0 St�.l` <'• G`T 0 � Resolution No. 2012 -031 Page 6 of 10 Parcel No. I TE CS,I No.: 0902-48-8310 Date: March 1, 291. 2 Page I of 4 Pave Being a 0.027 acre tract of land situated in the W.J. Miller Survey, Abstract :No. 1020, City of Watauga, Tarrant County, Texas, said 0.027 acre tract of land being out of the remainder of Cities Services No. '1, an addition to the City of Watauga, Tan -ant County, Texas as recorded in Volume 388438, Page 46 of the flat Records of Tarrant County, Texas, said Cities Services No. I being deeded by 7- Eleven, Inc. to CLK. Property Investments, L.L.C. by Warranty Creed elated October 28, 2004 as recorded in County Clerk's File. No. D204338208 of the Decd Records of Tarrant County, Texas, said 0.027 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 west right -of.- -way iine of Rufe Snow Drive (a variable width right -of- -way) with the existing north right-of-way litre of Watauga Road (a variable width right -of.- -way), said R.O.W. marker being in the south line of said Cities Services No. 1, said R.O.W. marker being 86.41 feet left of and at right angles to centerline station 201+45.52 of the proposed centerline of said Rufe Snow Drive; (1) TITEN(.'E South 89 degrees 58 minutes 56 seconds West, with the south tine of said Cities Services No. .1 and with the existing north right-of-way line of said Watauga Road, a distance of 7.07 feet to a point for corner, from which. a 1,2 inch iron rod with cap stamped "Grant Engineering" found for the sou.t:hwest corner of said Cities Seiwices No. I bears South 89 degrees 58 minutes 56 seconds West, a distance of 116.25 feet, said 1/2 inch iron rod with cap stamped "Grant Engineering" being the southeast comer of Lot 25, Block 3., Singing Hills Addition, an addition to the City of Watauga, Tarrant County, Texas as recordul in Volume 388 -1.83, Page 13 of said Plat Records of Tarrant County, Texas, said 1/2 inch iron rod with cap stamped "Grant Engineering7 being in tlae existing north right-of-way line of said Watauga Road; (2) THENCE North 45 degrees 00 minutes 29 seconds Last, a distance of' 33.23 feet to a point for corner; (3) THENCE North 00 degrees .02 minutes 02 seconds East, a distance of 64.98 feet to a point for corner; (4) THENCE North 89 degrees 57 minutes 58 seconds West, a distance of 7.00 fe;.t to a point for corner, (5) 'I IRENCE North 00 degrees 02 minutes 02 seconds East, a distance of 53.01 fcTt to a point for corner; (0) T.111 NCE South 89 degrees 57 minutes 58 seconds East, a distance of 7.00 feet to a tloint far cornet; EXHIBIT D Resolution No. 2012 -031 Page 7 of 10 Parcel No. I TE CSJ No.: 0902-48-830 Date. March 1, 2012 Page 2 of 4 Pages (7) THENCE North 00 degrees 02 minutes 02 seconds East, a distance of 8.14 feet to a point for corner in the north line of said Cities Services No. 1, said point being in the South line of Lot 26R2, Block 3, Singing Hills Addition, an addition to the City of Watauga, farratit County, Texas as recorded in County Clerk's File No. D210104408 of said Plat Records of Tarrant County, Texas, from which a 1/2 inch iron rod found for the northwest comer of said Cities Services No. I bears North 89 degrees 54 minutes 44 seconds West, a distance of 139.52 feet, said 1/2 inch iron. rod being the southwest comer of said. L.ot 26R.2, said 1/2 inch iron rod being in the east line of said Lot 25; (8) THENCE South 89 degrees 54 minutes 44 seconds East, with the north line of said Cities Services No. I and with the South line of said Lot 2682, a distance of 3.63 feet to a R.0,W. marker set. for the intersection of the proposed west right-of-way line of Said Rufe Snow Drive with the north line of said Cities Services No, 1, said R.O.W, marker being 66.37 feet left of and at tight angles to centerline station 20 of the proposed centerline of said Rufe Snow Drive; (9) THENCE South 14 degrees 00 minutes 05 seconds East, with the proposed west right- of-way line of said Rufe Snow Drive, a distance of 5.65 feet to a R.O.W. marker set for corner; (10) THENC , 'E South 00 degrees 02 minutes 01 seconds West, with the proposed west right - 01 7 -way line of said Rufe Snow Drive, a distance of'122.70 feet to a R.O.W. marker set for corner; (1 1) 11U.NCE South 45 degrees 00 minutes 29 seconds West, with the proposed west. right- of-way line of said Rufe Snow Drive, a distance of 30.30 feet to the POH" ;11' OF BEGINNING and containing 1,162 square feet or 0.027 acres of land, more or less. Resolution No. 2012-031 Page 8 of 10 Parcel No. 1 TE CSJ No.: 0902-48-830 Date: March 1, 2012 Page 3 01*4 Pages 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 Network 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 "Gorrondon.-a", unless noted otherwise. SURVEYED ONT Ps` I (j'.ROI_TND Decernber 18, 2008 . . ........ ........ . . . . . . ...... Curtis Smith Registered Frofessional Land Surveyor No. 5494 .. ............. . .... Resolution No. 2012-031 Page 9 of 10 ov � . LOT 26R2 g1,OG� ADD�408 X1-0 20 0 40 ING gILD71Qt0 '31 c p? r C "' s 63'54'44 "E _ 3.63' SCALE IN FEET oil I N 00'02'02'"E STA 202 +95.14 6.14' 65.37 LT C 89 .57'58 "E SET R.O.W. MARKER u FND 1/2" _ 7.00' S 14-'00'05"E 0 IRON ROD v � N 89'54'44 "W 139.52' --------------- _ _-_ -' -- Ill I SE7 Ft. �.W, tAa„RKER LOT 2.5 w cli r PROPOSED N RIGHT -OF -WAY CI_K PROPERTY i7 ,sy ' ;> EXISTING I INVESTMENTS L.L.C. "> "'" RIGHT -OF -WAY = C.C.F. Na. D204338208 1 TE `'= t D.R.T.C.T, P OE CC co co Ci 7.00' q 00 ICI �� t\ ' �7 c r L, a 1 I b ct 2 l o g w UJ Iz_ n3 Li c�a ' SET R.O. r. S i39 *58' 56"W 116.25' S 45'00'29 r EXIST,NG 3 _ - ---- RIGHT -OF --WAY i 6� �.. J o sa RJD 1/2" IRON ROD 7.O Y' SET R. O.W. #!ARKER cm , OF N )Rld RIC. LAND BILLS LW /CAP GRANT ENGINEERING STA 2 +45.52 L`IOL.UME 141P6. R IA�, C �2 (A VARIABLE WIDTH RI PARCEL t 'n NOTES: 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. 2. BEARINGS ARE REFERENCED TO THE TEXAS STATE LEGEND PLANE COORDINATE SYSTEM, NAD 83 NORTH �::» CENTRAL ZONE, UTILIZING TXDOT VIRTUAL FENCC: LINES - --� -- REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.O.W. LINE---- --- ^- -- < -- - - -• FACTOR OF 140012. PROPERTY LINE -- EXISTING FEATURES - 3. DISTANCES AND AREAS SHOWN HEREON ARE SURVEY LINE - - -- d SURFACE. - PARCEL NUMBER RECONSTRUCTED CORNER RCC 4. R.O.W. MARKER$ ARE 5/8" IRON RODS WITH R.O.W. MARKER p ©LUE CAPS STAMPED "GORRONDONA" UNLESS NOTED OTHERWISE. SURVEYED O THE ORO&N0 DECEMBER 18, 2008 y STATE DISTRICT � I COUW 6 PARCEL h4a. 1TE .�-•" TEXaa 7 Ta1RRAiJT I L'30 CLK PROPERTY INVESTMENTS, L.L.C. HIGHWAY No. DATE: MARCH 1, 2012 CSJ; 0902 -48 -830 SM041 1 D6 ?YE CURTIS SMITH, RPLS No. 5494 PAGE 4 OF 4 PAGES EASEMENT AREA 1 <162 St .ET. OR 0.027 A1:.. Resolution No. 2012 -031 Page 10 of 10