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HomeMy WebLinkAboutResolution 2012-034 RESOLUTION NO. 2012 -034 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 Resolution No. 2012 -034 Page 1 of 9 described in Exhibits A and B hereto for a public use, to wit a public street 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, A &A Jubilee, Inc., 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 N RTH R AND HILLS 1: By �- Oscar Tr no, Mayor Q` .TEST. GiC� ✓(/C��, Patricia Hutson, City Secretary APP TO F M AND LEGALITY: George A. Staples, lCity Attorney Resolution No. 2012 -034 Page 2 of 9 Pureel No. I1 C8INo.:8902-48'830 Date: October 06,2011 Exhibit &,Page �mf3Pages Being o 0.068 acre buut of land situated in the I-W. }noea Survey, Abstract NTo. 854, City of VYatuug�u, Tarrant County, Texas, said U.068acre tract Vf land being out 0f Lot 4 Block l,Pippin Addition, an. addition to the City of Watauga, Tarrant County, Texas uu recorded imCabinet A, Slide 5069 u[tbe Plat BLocozdo of Tarrant County, Texas, said Lot 4 being deeded by W.B. proPCTtiom, hxo. to A&A JzbiLce, Inc. by Warranty Deed dated June 28, 2011 an recorded in Cmuoty Clerk's File No. D2Ill5336Uofthe Deed Records mfTmruut Cuooty.Tmxuo said O,068 ucrm tract of land being more particularly described byoortus and bounds mufbUovvm� EDGUNNrNG at a R.O.W. market set for the intersection ofthe proposed west right-of-way line ofTlote Snow Drive (a variable - vvidth right-of-way) with the existing north right-of-way line of Chapman Road (a45.8"riuht-nf-wuy), said R'U.W. marker being in the south line nf said Lot 4, said.R.O. W. marker being 73.40 feet left of and at right angles to centerline station 227+45.06 of the proposed centerline of said Rofe Smz 6nnu u 1/2 inch bno rod with cap uiaopcd ^^(]rout Engineering" found for the southwest onrocz of said Lot 4 bears South. 89 doi7ueu 41 znbnuboa 53 seconds West, u distance o[234.50 feet, said 1/2 ioub iron rod with cap stamped "Grant Enginecring" being the most southerly southeast corner of Lot I of said Block l, said, 1/2 inch boo rod with nap stamped "Grant Engineering" also being, in the nxiudog north rioht-of-wuy line of said ChmpomaoRoad; (l) 7[MENCENnrtb 44 degrees 25minutes 07 seconds East, vvitb the proposed west rigbt- of-wuy line of suddRule Snow Drive, u distance uf26.02 feet iouD.(}.VY. marker set for comer; (2) TfJ�NCE North 00 degrees 34minutes 52 seconds, West, with the proposed west right- o&vvoylinoofmaidDLofe Snow Drive, a distance nfl5}.5l feet to afl.(}.W. zoarIcoreetfbr corocrin the north line, of said Lot 4 said ll.O,YV. marker being io the south line of Lot 3 oC said Block l said R.O.W. marker being 55.00 feet left of and at right uu�lox to centerl-ine station 229+14.97 of the proposed centerline of said.Ru:fe Snow Drive, ( THENCE North 09 degrees 4l minutes 53 seconds East, with the north line ofoaid Lot 4 and with the annt6 line of said Lot 3° a distance of 16-98 Ieoi to the zcv000(rmmtcd northeast curoar of said Lot 4, said reooauUoctcd nooier being the southeast comer of said Lot 3 said reconstructed comer being jo the west fine ofu0.2244 ocrc - traotofluod (by deed) mid being further described us Parcel No. 21 deeded 0o the City of North Diublsod BQDx as recorded in Volume 7359, Page 1939 of said Deed ]%ncnrdo ofTorrunt Coo-nty, Tuxuo said reconstructed comer beinQ in the existing west right-of-way line of said Ruie 8uov/ Drive, from which an ^Y" cut in concrete found for the /onut easterly southeast comer ofsaid Lot l bears North 00 degrees 36 minutes 07 oouoodn lVoot, a distance of 194.67 feet, said "X^ md in concrete being the northeast :nracz of Lot 2 of said Block. l, said ^X" cut io concrete being iu the west line ofsaid 0.2244 acre tract of land, said 'X° cut in cnoorntc also being intbr existing west right-of-way line of said Rnte Snow I)dvc; Resolution No. uo12-0o* Page omn Parcel N-o. '1 CSJ No,: 0902-48-830 Date; October 06,2011 Exhibit A, Page 2 e - 1'3 Pages (4) T'HEINICE South 00 degrees 3 minutes 07 seconds East, with the east line of said Lot 4, witl.3 the west line of said 0.2244 acre tract of land, and with the existing west light-or- way line of said Rufe Snow Drive, a distance of 155.00 feet to the reconstructed most northerly southeast comer of saki Lot 4; TUENCE South 44 degrees 32 minutes 53 seconds West with the southeast line of said Lot 4 and with the existing west right-of-way line of said Rtife Snow Drive, a distance of 21.16 feet to a reconstructed corner for the intersection of the existing west right-of-way line of said Ru Snow Drive with the existing north right-of-way line, of said Chapman Road, said reconstructed comer being the most southerly southeast comer of said Lot 4; (6) THENCE South 89 degrees 41 Minutes 53 seconds West, with the south line of said Lot 4 and with the existing north right-of-way line of said Chapman Road, a distance of 20.44 feet to the POINT OF BEGINMING, and containing 2,950 square feet or 0.068 acres of land more or less. Nates: (1) A plat of even. survey date herewith accompanies this legal description, Bearings are referenced to the Texas State Plan (""oordinate System, NAD 83, North Central Zone, utilizing TxDOT Virtual Referei)ce System Network with a surface factor of 1,00012. (3) Distances and areas shown hereoaare surface. (4) R.O.W. Markers are 518 inch iron rods witli blue caps statriped, "Gorrondona", unless noted otherwise. SU'fRVFYED 0NJHE GROOM D December 18, 2008 7 1 Curtis Smith Registered Professional Land Suiveyor No. 5494 Resolution No. 2012-034 Page 4 of 9 z ul & FND "� G � CONCRETE rrt `� C � I h I � LOT 7 LOT 2 G PARCEL No. 21 " �I i 0.2.244 ACRES (BY DEED) I PC 230+40,64 �j{�(� (} 60 ` CITY OF NORTH RICHLA.ND MILLS 1 VOLUME 7359, PAGE 1939 I ! AE IN Et 't P� SCALE ._. �..�.�._.� ._.... ....2 N; , ' -J ! I a - -- .I N + PROPOSED i 1 g eat tAo' � � LOT 3 RIGHT OF L k �� j I?3 t9 ° r1 ° w3 ° E '' o 10 )R SET R. O.W. h1AR1<EFt I 2 LOT 1 STA 229 +14.97 i I j IO S.On L't i Z Lo 0 i �, L co I 131N� Fsrp 1 1 1 I If LJW �� 15.0' U'nL!tt -- I';;::::;': _ L > ^�I A &A JUBILEE, INC. EASEME � : � L0 d i C.C.F, No. D21 1 1 53360 I (J 41 D.R.T.C.T. n j SET R.O.W. MARKER N 4• "E i r, Y t,4 r 26.02 I I�, S A 227 + 4 , 5.06 ! o f'NU 1/2 "IRON R00 I 73,40 LT u I w /CAP STAMPFD I SET R. O.W. MARKER RCC o "GRANT ENGINEERING'S I S 69'41'53'W 234.56' } � _ A, :° 'RCC RIGHTT EXI STIN G AY � M S 4.4°32'53 W - — -.. — - -- - �r� �IVI/1IV �� ®. P.O. . — -- 21.15 ..,, .._.Jl...._....____- __ ------ �_..- .._. 'A 45.0' RIGHT -OF -WAY) PARCEL 11 - - 57 +00 L S .. 89'41 25.0' R.D.w, DEDICATION 20.4&' I CP.BINET A, S' IOE 5069 F. P.R T.C.T. NOTES: i, A LEGAL DESCRIPTION OF EVEN SURVEY DATE. HCREWIT}t ACCOMPANIES THIS PLAT, 2. BEARINGS ARE REFERENCED TO THE TEXAS STATE LEGEND PLANE COORDINATE SYSTEM, NAD 83 NORTH CENTRAL ZONE, UTILIZING T CLOT VIRTUAL FENCE LINES x - -- x - - -- REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.O.W. UNE FACTOR OF 1.00012. PROPERTY LINE --� r , EXISTING FEATURES - 3. DISTANCES AND AREAS SHOWN HEREON ARE SURVEY LINE - SURFACE. PARCEL NUMBER RECONSTRUCTED CORNER RCC R.O.W. MARKERS ARE 5/8` IRON RODS WITH R.O.W. MARKER BLUE CAPS STAMPED °GORRONDONA° UNLESS O G NOTED OTHERWISE. SURVEYED 01'1 ✓' GROUND DECEMBER 18, 2008 STATE DLSTRIC7' � • C OUNTY Yt? aRC � t EL No. 11 ARRANT .,;, t E AS .... .. AAA JUBILEE, INC. HIGHWAY No. rF � r;,✓ - DATE: OCTO 06, 201 CSJ: 0902- 48 -f330 Lti':IFE SNOW - 77,77 CURTI3 SMITH, RPLS No. 5494 PAGE 3 OF 3 PAGES R C.iY. TAKING 2,9 50 SC f7. OR 0.068 AC. Resolution No. 2012 -034 Page 5 of 9 Parcel No. 2IIE CSJ No.: 0902-48-830 Date: March 1,%012 ' Pi�ge Iof4Pages Being u 0.037 acre tract of land situated in the L.W. Jones Survey, Abstract No. 854, City of Watauga, Tarrant County, Texas, said 0.037acre tract of land being out of Lot4,B|ouk 1, Pippin Addition, an addition to the City ofWatauga, Tarrant County, Texas as recorded in Cabine-t}\. Slide 5069 of the ylo1 ll000rdm of Tarrant County, Texas, said Lot 4 being deeded by W.B. Properties, Inc. to A&A Jubilee, Inc. by Wuroxu1y Deed dated June 28, 2011 as recorded in County Clerk's File No. D211153360 of the Deed Records of Tarrant County, Texas, said 0.037 acre tract of land being zoorepadicu)odydcxudbcdhyozotcu uudbounds unfbUovv : more intersection of the proposed west ziubt'of-,vayline of Rufe Snow Drive (a variable width right-of-way) with the, existing north right-of-way line of Chapman Road (a 45.0' right-of-way), said R.O.W. market being in the south I ine of said Lot 4, snid]l.O.W. marker being 73.4O feet left of and atright aooicmto centerline station 227+4S.O6of the proposed centerline of said Rufe Snow Drive; (\) THENCE South D9 degrees 4l minutes 53 seconds West, with the south line nf said Lot 4 and with tbe� existing oodh right-of-way line of said Cbupnzuo Road, u distance of Il).39 feet toa point for comer, from which ulC% inch iron rod with cap mtuzopmd"Grant Eo i ncriog" found for the southwest uorncr of said Lot 4 bears South 89 degrees 41 minutes 53 seconds West, n distance of 123.17 teet, said 1/2 indh icon nod with cap stamped ^^(]ruuCEagiunodug�' being the most southerly southeast oocuor of Lot | of said Block ], said 1/2 inch bno rod with cap stamped ^^Grou1 �ngineoriog" also being in the existing umfthziob1of-vvay line n{ said Chapman Road; ( THENCE North, 00 degrees 18 minutes 07 seconds West, u distance of 5.00 feel, to u point for comer; (]� 7[��%l����l% North 89 degrees 41 minutes 53 seconds East, m distance of 1. 13.52 feet to u point for corner; (4) THENCE Nndb 44 degrees 25 minutes 87 seconds East, o diotuooc of 15.89 §:ot Co o point for corner; ( TIKIENCE North 00 degrees 34 minutes 52 aououdo West, ud6utamoe of 10527 feet to o point for comer; ( THENCE South 80 degrees 25 minutes 08 seconds VVoxt u distance of 5.00 feet 0n o point for comer (7) THENCE North 00 degrees 34 minutes 52 seconds West, u distance of 48,46 t`enL to a point for corner io the north line ofsaid Lot 4 said point being iu the south line of Lot 3 of said Bimck l EXHIBIT , Resolution No. 2012-034 Page omo Parcel No. 11 T E CSJ No.- 0902-48-830 Date: March 1, 2012 Page 2 of 4 Pages (8) THENCE North 89 degrees 41 minutes 53 seconds East, with the north. line of said Lot 4 and. with the south line of said Lot 3, a distance of 10.00 feet to a R.O,W. marker set for corner in the proposed west right-of-way line of said Rufe Snow Drive, said R.O.W. marker being 55.00 feet left of and at right angles to centerline station 229+14.97 of the proposed centerline of said Rufe Snow Drive, from which an *'X" cut in concrete found for the rnost easterly southeast corner of said Lot I bears North 89 degrees 41 minutes 53 seconds East, a distance of 16.98 feet and North 00 degrees 36 minutes 07 seconds West, a distance of 194.67 feet, said "Y' cut in concrete being the northeast corner of Lot 2 of said Block 1, said "X" cut in concrete being in the west line of a 0.2244 acre tract of land (by deed) and being further described as Parcel. No. 21 deeded to the City of' North Richland Hills as recorded in Volume 7359, Page 1939 of said Deed Records of "Tarrant County, Texas, said "X" cut in concrete also being in the existing west right-of-way line of said Rufe Snow Drive (9 TI-IT"NCE South 00 degrees 34 minutes 52 seconds East, with the proposed west right- of-way line of said Rufe Snow Drive, a distance of I51.51 feet to a R.O.W. marker set for comer; (10) TJ]ENCE South 44 degrees 25 minutes 07 seconds West, with the proposed west right- of-way line of said Rufe Snow Drive, a distance of 26.02 feet to the POINT OF BEGINNING, and containing 1,609 square feet or 0.037 acres of land, more or less. Resolution No. 2012-034 Page 7 of 9 Parcel Nov 11 TE CSJ No.: 0902-48-830 Date: March 1, 2012 Page 3 of 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 S y stern, NAIL 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 starriped "Gon-ondona", unless noted otherwise. SURVEIY'I-'.D ON THE GROUND December 18, 2008 . . ... . ........ . . . .. ..... . ...... . ......... . . ... .......... Smith Registered Professional Land Surveyor No. 5494 Resolution No. 2012-034 Page 8 of 9 z o 444 ' is FIND "X` IN =1 CONCRETE — i � I O r3 I 4 O LOT 7 Lt72' :? � U7 r PARCEL No. 21 n I 0.2244 ACRES (BY DEED) ! N PC 236 +40.64 g 60 30 Q 60 CITY OF NORTH RICHLAND HILLS - VOLUME 7353, PAGE 1939 D.R.T.C.T. SCAL -E IN FEET_-- _.---- ______._� j I PROPOSED 1 r RIGHT -OF -WAY 'a n n In 0 I 4•�V i p IC�v���� N 89'41'53 z ° E I t? 13 x �c�• LOT '� 18.' .97 r S A 229 + '' z Z N 5 SET R.o.v , MARKE > L s a� I N I G� 89'41'53 E _' N•. 1 0.00' i _ ) RCC LOT I �` 5 N 00 °3482` 1 — . I U) � �� �� l Ce WI P��`��j,IJ)� 48.�rS' �Y m > LL I; N .R'� 11T — � �?9� LOT 4 rJ 0 I W I 5100' _ : rz 1- aI A&A JUSILEE, INC. r5.o' uTlL!'rY - -„ ` v �� 1, zl EASEMFNT I C.C.F. No, D211153380 � r D.R.T.C.T. 04. I W ° o N 44 "25'07'E 15.59 0 FIND 1 /2"IRON ROD i N 001 8 °07"W W /CAF' STAMPED I O 'GRANT ENGINEERING° I 5' ®Q" N S9 41'53 E 113.52' a� _ f' I S 89 123.17' �:. - «M .�• ..+.F... a L fi EXISTING S 89'41'53'V1 111.39' — //''++ pp pp��yypp,pq pp pp,g� ROAD ppl�yy ,,d�ryry SET R.D.W. MARKER R1GHT -OF -WAY _ LH!'iF`IV AN P OAD R� .>ti. 3 I I -- 1 — (A 45.0` RIGHT -OF -WAY) -- PARCEL 11 TE S 44 ° 25'07 0 W s7 +00 25,02 25.0' R.C.W. DEDICATION SET R.D.W. M ARKER. CABINET A, SLIDE 5069 STA 227 +45.06 NOTES: P.R.1.C.T. 73AI -D LT � 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT, 2. BEARINGS ARE REFERENCED TO THE TEXAS STATE. PLANE COORDINATE SYSTEM, NAD 83 NORTH LEGEND CENTRAL ZONE, UTILIZING TXDOT VIRTUAL FENCe " ". REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.O.W. LA NE -- - — -- FACTOR OF 1.00012. PROPERTY LINE ---Pl EXISTING FEATURES 1 DISTANCES AND AREAS SHOWN HEREON ARE SURVEY LINE - SURFACE. PARCEL. NUMBER 4. R.U,W. MARKERS ARE 5/8" IRON RODS WITH RECONSTRUCTED CORNER P,CC BLUE CAPS STAMPED "GORRONDONA` UNLESS R.O.W. MARKER O NOTED OTHERWISE. SURVEYED ftN GROU C DECEMIDER 18, 2008 STATE piSTR10T M0.03 B 2 14 ',f) PARCEL JUB�EE, INC, HIGHWAY . L No. 11 f 4 TE f ` A DATE' MARCH 1, 2012 CSJ_ 0902- 48 --83C VE CURTIS SMITH RPLS No. 5494 PAGE 4 OF 4 PAGES EASEMENT 1,609 SQ.FT Resolution No. 2012 -034 Page 9 of 9