HomeMy WebLinkAboutResolution 2012-035 RESOLUTION NO. 2012 -035
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 -035
Page 1 of 8
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, James Mood Pippin
and Susan Pridemore Pippin, 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.
F CITY ORTH RI LAND HILLS
'�.,.
r ,a B
c° Y•
Oscar Tr o, Mayor
Patricia Hutson, City Secretary
APP TO RM AND LEGALITY:
George A. Stapled, City Attorney
Resolution No. 2012 -035
Page 2 of 8
Parcel No. 12
CSJ No.: 0902-48-830
Date: October 06,l#1 i
Exbibit A, Page I of 3 Pages
Beiu� a 0.039 uoce tract nfland situated in the L.W. Jones Snzvey, Abstract u� 854, City of
Vyatuugo,7uorant County, Texas, said U.O39acre tract of land being out of Lot 3,Block 1,Pippin
Addition, an addition to the City of Watauga, Tarrant County, Texas as recorded in Cuhiac1 A4
Slide 5O6Vofthe Plat Records of Tarrant County, Texas, said Lot 3 being deeded byFbmtstoue
Enterprises, Inc, to Tcrua Reverse Exchange Iln!dbnoa Company, L.L.C. by Warranty T)cod
dated Jn\y 2, 2007 as recorded in County Clerk's fUc Nu. Z)207230086 of the Deed Records of
Tarrant County, Texas, said 0'089 acre tract of land being more particularly described bymetes
and bounds uufbDovvv�
C'MRAMEBJCING at o 1/2 inch iron nod widz cap atunuyed '`Grunt Engineering" tbood for the
southwest comer of Lot 4 of said Block l, said l/% inch bno nod with cap stamped ^^(}ruut
Engineering" being the most southerly southeast comer of Lot I of said. Block 1, said 1/2 li0ob
hmo rod with cap stamped "Grant Eo i eedug'`bciog in the existing north riobt-oI-m/uyline of
Cbmpouuo Road (u45.8` right-of-way); THENCE North 80 8ogrnum 36 minutes 07 seconds T9ox1.
with the west line of said Lot 4 and with the cast line of said Lot 1, a distance of 1 - 70.00 feet to `
the reconstructed ouu1bvvest corner of said Lot 3, aoidzeoopubaotcd corner beimg,the northwest
oocuerofsaid Lot 4; THENCE North Dg degrees 41 nubouteu 53 seconds BuuL with the south |ioc
of said Lot and with the north iinoof said Lot 4, u distance oy2j3.U2 feet to uT(.O.W. marker
oet foc1be POINl[ OF BEGINNING, said R.O.W. marker being !it the proposed west dg|it'ot-
`vny !ino ufKof� Soaw Dr ro (o vm�u�}� m/iddz �mjit-uf-vv(ay), s,- R.O.W. romrkmr 6 iog 5-5,00
feet left of an at right angles to centerfine station 229-Fl.4.97 of the proposed centerline of said
Rufe Snow Ddvo'
,
(\> THENCE North OO degrees 34 minutes 52 seconds West, with the proposed west right-
of-way line of said R Snow Drive, u distance oflO0.G8 feet toaR.{}.VV. marker set for
corner in the north line of said Lot 3. said. R.0,W. marker being in the south line of Lot 2
of said. Block 1, said R.O.W. marker being 55.00 feet \oft, of and at right auolca to
centerline station 230+ 14.97 of the proposed centerline ofsaid Rufe Snow Drive;
(
THENCE North 89 degrees 41 minutes 5") seconds East, with the north line of said Lot 3
and with the south line of said Lot 2 a distance of 16.95 tec1 to the roonuxtozcied
oor&cumt comer of said Lot 3, said reconstructed uuroer being the southeast uocn*z of
said Lot 2, said reconstructed corner being iu the west line ofuO2244 acre tract mf land
(by deed) and being further described as Puzuol No. 21 deeded to the City o[]North
Richland Hills as recorded bz Volume 7359 y4go 1,939 of said Deed Records of Tunuot
County, 7ezoo, said r00000Unoted corner being in the existing west right-of-way iiuc of
said |%uffl� Snow Drive, from. which un^^X' cut in concrete found for the northeast comer
of said Lot 2 bears North 00 degrees 36 coiooLea 07 seconds West, a distance ofg4�67
feet, said `X" out in concrete being the most northerly southeast oom��rofsaid Lot l. said
^^}{'` cut io concrete being iu the west `line of said O.2244 -acre tract ofland, said "X' cut in
concrete being iothe existing west ziobt-of-wuy line of said Rufe Snow Drive:
Re No. uo12-oao
Page nmx
ftrcel No. 12
CSJ No.: 0902-48-830
Date: October 06, 2011
Exhibit A, Page 2 of 3 Pages
E South 00 degrees 36 minutes 07 seconds East, with the east fine of said Lot 3,
'3� TH !;,: c NC
with tile west line of said 0.2244 are tract of land, and with the existing west fight-of-way
line of said Rufe Snow Drive, a distance of 100.00 feet to the reconstructed southeast
comer of said Lat 3, said reconstructed corner being the northeast corner of :--,aid Lot 4
(4) THENCE South 89 degrees 41 minutes 53 seconds West, with the south line of Said Lot
3 and with the north line of said Lot 4, a distance (, IA98 feet to the POENT OF
BE(SFINNING, and containing 1,697 square feet or 0,039 acres of land, more or less.
Notes:
A plat of even suit
J)
( survey date herewith accompanies this legal description. I
(2) Bearings are referenced to the Texas State Plan Coordinate System, NAD 83,
North Central Zone, utilizing TxDOT Virtual Reference Systern. Network with a
surface factor or 1.000 1 2.
(3) Distaliccs 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.
SURVEYIET) ON TI-I E GROUND December 18, 2008
Smith
Reoistered Professional Land Surveyor
No. 5494
.. ....... .
Resolution No. 2012-035
Page 4 of 8
1 41 0
F !
FND "X" IN i N
LOT I ��- CONCRETE
I I
LOT 2 �
N 69 °41'53 'E
60 30 0 60 16.95` I M � P 230 +40,64
�
{ STA 230 +14.97
cry
c "'ax3 r 55.00 LT z 1
1 SCA ,F IN FEET ser R,D.W. MARKER i
...... ....° __.. 1 11.3 �
RC,
J CJ 1 d. o
----------
4 p1N 4 50 TEXAS: REVERSE EXCHANGE
E; p1� SL HOLDINGS COMPANY. L.L.C. c 1 q, LLI � �
{ ]�T C.C.F. No, D20723 86 ,a
CA } 1 jp.B•�' D_R.T_C.T. n7 I I o ; I'
G?
I _
PARCEL 12 i Y CJ
N 8 9 °41 53 ° E 253.02'
FiCC _ P� ('L_ RC o r
SET R.G.W. MARKER i + z t?
1 SPA 229 +14.9 1 h U)
i �({ � 55,00 S I J� a
LOT 1 o f I r1 � 1 0r v � V� �� ° p �� <(
V� .S. 63'41 5 Ve 11
r <� �Q p. 15.9 ' z } ly 0
I �_I c.• �� I r
X11 1.0T 4 PROPOSED { ? t D
o- t I RIGHT -OF -WAY -\
j ? Lo t/1
, x Ids o
o °I I o �
to
1 Q I N
c' PARCEL No. 21 j
6 .�.0. ,a'�
0, 0.2244 ACRES (BY DEED)
12 CITY OF NORTH RICHLAND HILLS - - - - -- -- ^ {
+` VOLUME 7359. PAGE 1939 I
O.R.T,C,T'. I
f�— IL _ _ _ IL_ ✓
I _$
CHAPfl/iAN ROAD RIG Ex 1 snNG
HT -10F -WAY I
FNO I/2 "IRON IiOD
K,':7-1' STAR4 — (A 45.0 RIGHT -CF -WAY) -- -- - --
1
"GRANT ENGINEERING" 25.0' R.O.W. DEDICATION
CABINET A, SLIDE 5069
P.R.T.C.T.
"OTES:
1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE
HERFW17A ACCOMPANIES THIS PLAT.
2. BEARINGS ARE REFERENCED TO THE TEXAS STATE LEGEND
PLANE COORDINATE SYSTEM, NAD 83 NORTH
CEN "ITZU ZONE, UTILIZING 7XD07 VIRTUAL EF4Es —f -- -+ —
REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.C.W. L*,NE - �»
_....
FACTOR OF 1.00012. PROPERTY LINE ^^ ^-^
EXISTING FEATURES _ .... __ ......_.
3. DISU AND AREAS SHOWN HEREON ARE ;= 1 SURVEY LINE —
SURFACE, u.. PARCEL NUMBER
RECONSTRUCTED CORNER RCC
4, R.O.W. MARKERS ARE 5/8' IRON RODS WITH RA,1J. MARKER (�
BLUE CAPS STAMPED 'GORRONDONA' UNLESS
NOTED 0111ERWISE.
SURVEYED ON 1 }+E GROUND' DECEMBER 16, 2QO8 STA{F GISTf�ICr a GAL gyp. 12 COUNT(; JDf3
TEXAS 2 TL REVERSE EXCHANGE TARRANT d30
HOLDINGS COMPANY, L L.C. HIGHWAY No.
-- DATE: OCTOBER 06, 291 t CS 0902 -48 -830 I11Vt . n1twc
CURTIS SMITH, RPLS No, 5494 PAGE 3 OF 3 PAGES R.O.W. TAKING 1,69E SQ.FT, OR 07:039 AC.
Resolution No. 2012 -035
Page 5 of 8
Parcel No. 12 TE
CSJ No.: 0902-48-830
Du¢o:IMaroh 1,20l%
' Page Iok3 Pages
Being o 0.011 acre tract of land situated in the LX Jones Survey, Absb-uui No. 854 City of
Watauga, Tarrant County, Texas, said 0.Ol} acre tract of land being out of Lot ] {,Pi io
Addition, an addition to the City of Watauga, Tarrant County, Texas as recorded inCabinet A,
Slide 50h9of the Plat Records of Tarrant County, Texas, said Lot 3being deeded bvEliototooe
Lnterprises, Inc. to Texas Reverse Exchange Holdings Company, L.L.C. by Vymouoty Deed
dated July Z.2007ax recorded in County Clerk's File No. D2A7%30A86nf the Deed Records uf
Tarrant County, Texas, said 0.Dll acre tract o[ land bumg more pmficidudy described bymetes
and bounds aSfollows:
COMNIENCINGo1u 1/2 inch iron rod with cap stamped "Grant Engineering" found for the
yunth`xent ournor of Lot 4 of said Block l, said 1/2 iuob boo rod with cap oruogpcd ^^Gcuot
Engineering" being the most southerly southeast comer of Lot l of said Block }, said 1/2 inch
iron rod with cap stamped `^[}zoat Engineering" being in the existing north right-of-way lino of
Chapman Road (u45.0'riebt-ot-nmv); THENCE North OO degrees 36 minutes 07 seconds West.
witbtkov/eotlioeoCmujdlot4podn/iThtbeuautliouuysaj6[ot|,udiu\uocuofl7O.U0/eot\o
the reconstructed southwest oococrofsaid Lot 3, said reconstructed comer being the northwest
c*rorrofaoddLnt4;7HBNCENonib89de8pemm4lnuinnteo53ne000do6ua1.WiUzt6eyoutbLiou
of said Lot 3 and with the north line of said Lot 4, u dbutuuco of 248.02 feet the POINT OF
70E��INl� IN��'
(l) TH ENCE North 00 degrees 34ruiouton 52 ouowndo '% o distance of 100.00 feet to u
point for corner iu the north line of said Lot 3 said point being iotbe south line of Lot 2
of said Block l;
( THENCE North 8V degrees 4l minutes 53 seconds East, with the north line of said Lot 3
audvvidbtboauoth|iunofsnidLni2,udixtuoonnf5.0Otect1oull.O,W.morkoxunCfor
corner iu the proposed west riebt'of'woy line offb1fe Snow Drive (a variable width right-
of-way), said R.O.W. marker being 55.00 feet loft of and at right ouulcu to uno1odioe
station 230+14.97 of the proposed centerline of said fbufo Snow I}dv*, from n/biub an
"}{" oo< in. concrete found for the northeast comer of said Lot 2 bears North 84 degrees
4l minutes 53 seconds East, a distance ofl6.V5 feet and North 00 degrees 36 minutes 07
seconds West, a distance of 94.67 feet, said "X" cut in concrete being the most northerly
southeast comer of said Lot l, said `X' cut ioconcrete being in the west line nfuO.2244
uuro tract of land (by deed) and being further described as 9ozueL No. 21 deeded to the
L5hy of North B1cb|nod Hills as recorded io \/olurot 7359, Page I939 of said Deed
Records of Tarrant County, ?cxux, said "}{" out to concrete also being in the existing
west dgb1-nf-vuy line of said lluƒb Snow Drive;
( 'ITI]%NCE South 00 degrees 34 ooiootea 52 aoonndy East, %dtb the proposed west tiobt-
of-vvuyUuoofuajdRuteSoowDdve,udistmnoeofIOU.0DfeettouD.().W.nourkcrxetfor
corner in the south line of said Lot 3, said R.O.W. marker being in the north line of said
Lot 4, said BL.O.W. marker being 55.00 feet left of and u1 right angles to centerline station
229-1-14.97 of the proposed centerline of said Rufe Snow Drive,
IBIT
Resolution No. zo12-0no
Page oovo
Pircel No. 12 TE
CSJ No.: 0902-48•830
Date: March 1, 2012
Page 2 of 3 Pages
f4) TFIENCE Sotith 89 degrees 41 minutes 53 seconds West, with the south line ofsaid. Lot
3 and with the north line of said Lot 4, a distance of' 5,00 feet to the POINT OF
BEGINN ING, and containing 500 square feet or 0.011 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
0
(2) Bearings are referenced to the Texas State Plan Coordinate System, NAD 83,
North Central Zone, utilizing TxDOT Virtual. Reference System Network with i
surface factor of 1:00012.
(3) Distances and areas shown hereon are surface.
(4) R.O.W. Markers are 518 inch iron rods with blue caps stamped "Gorrondona",
unless noted otherwise.
S(ARVEYED ON THE GROUND December 18, 2008
Curtis Smith
Registered Professional Land Surveyor
No. 5494
Resolution No. 2012-035
Page 7 of 8
I
I
44 p
FND "X" P 4 V
LOT Y CONCRETE I "
I PROPOSED 1 r
RIGHT- aF -WA'r " a
zi
! STA 230 +14.97 , L q
OQ 30 Q �Q 7
! L07 2 55.00 LT 'v 1 �
SET R.O.W. MARKER" r
PC 230 +40 _64 _
N 89`41'53 "E I z N 8941'53 "E
SCALE IN BEET 5,00' 16,95
FL- — — -R RCC 1
O
r _-- ---- __.____ —___J v o
f� I .✓ 1 �J N
' 12TE - I z 1r�
$'� I
t, t p.
TEXAS REVERSE EXCHANGE L
I
„`,9 •. [3
HOLDINGS COMPANY, L.L.C..
aj I C.C.F. No. D207230086 , o
I D.R.T.C.T. iIO 1 s
N 8 9'41'53 "E 248.02'
RCC ._.. R� _ _.... - '�- ._ -R PL_..,. a LJ yy m C
,
P.C.B. 1 z L
PARCEL 12 TE N s Ey-
oar W y'. �� �`,�' t' S 89 ° a3�1PJ I I LL
LOT ! � ff gI �� 5� 5.00" 11 ! d Ld
w 1 W I ( � • 5
SET R.O.W. PARKER z (_i > 0
229 +14.97
LOT 4 5yIm LT
I I w z
ca I PROPOSED I � z
13j, TIO g9 RIGHT - of - -Wnr I5
of 3 V9f I„ 1 •c•�°. PARCEL No. 21 I a cNv
z TI P•0•C< � ' 0.2244 ACRES (BY DEED} j<
PARCEL 12 TE CITY OF NORTH RICHLAND HILLS 1
VOLUME 7359, PAGE 1935
D.R.T.C,T. I
I
I !
J
CHAPMAN ROAD EXISEING f` i
RIGHT -OF -WAY
FND 1/2 ROD — A 45:0 RIGHT-OF-WAY
- --�
- W /CAF STAMP✓ D — -- - -" J
"GRANT ENGII EERING" 25;0' R.O.W. DEOICAT ;ON
CABINET A, SLIDE 5069
NOTES: P. R. T,C.T.
'I. 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 LINES x— - x—
REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.O.W. LINE
FACTOR OF 1.00012. z PROPERTY LINE - --R
.............................. . EXISTING FEATURES ......._. ._ ._.......---...__..
3. DISTANCES lUVO AREAS SHOWN HEREON ARE SURVEY LINE - -- r �� --
SURFACE. PARCEL NUMBER LJ
RECONSTRUCTED CORNER RCC
4. R.O.W. MARKERS ARE 5/8" IRON RODS WITH R.O.VJ, MARKER
BLUE CAPS STAMPED "GORRONDONA" UNLESS
NOTED OTHERWISE.
SURVEYED Qtt" 1H£ GROU O DECEMBER 18, 2008 STATE . Ot5TR!CT ..... COUNTY JOH
T ;xAS_ PARCEL No. 12 TE T�RruraT 830
... x. TEXAS REVERSE EXCHANGE
HOLDINGS COMPANY, L.L.C. HIGHWAY No.
DATE: MARCH 1, 201 CSJ; 0902 -48 -830 RUFE NOW DRIVE
CURTIS SMITH, RPLS No. 5494 PAGE 3 OF 3 PAGES EASEMENT AREA 500 SCI.F T. OR 0.011 AC.
Resolution No. 2012 -035
Page 8 of 8