HomeMy WebLinkAboutResolution 2012-036 RESOLUTION NO. 2012 -036
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 -036
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, James Moody 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.
CITY N RTH RI AND HILLS
By:
Oscar T e ' o, Uayor
Patricia Hutson, City Secretary
APPIQ S TO ORM AND LEGALITY:
George A. Staples, City Attorney
Resolution No. 2012 -036
Page 2 of 9
Purcer. No. 13
CSJN*':0902-40-830
Date: October o6
Exhibit A, Page I of 3 Pages
Bobm�), a 0.035 acre tract of land oihuu1od in 8zeL.W. JVoes Survey, Abstract No. 854, City of
Watauga,'Tarrantf County, Texas, said 0.035 acre tract of land being out of Lot 2, Block l, Pippin
Addition, an addition to the City of Watauga, Tarrant County, Texas as recorded in Cabinet A,
)lid Records
Pipp to Jmuno Moody Pippin by Warranty Deed dated May 5, 1999 as recorded in Volume
13882. Page 294of the Deed Records uf Tarrant County, Texas, said 0.035 oC.17e tract ofland
being more pmlliculmdy described hy metes and bounds oofollows:
BEGINNING at a R.O.W. marker set for corner in the north line ofsaid Lot 2 said B.O.W,
marker being in the south line of Lo( l of said Block l, said }l.{>.W. omurkcr being in the
prmpommi vvox( zigbt-of-way line of RLufe Soov, Dr (a ,uziu6Iu v,idtb right-ofvvay) said
8.O.W.zoarkcr6eing 55.00 foetlnfto[oodatduht oog\eu to ouuTodioc atodou 231+05.49 (if the �
propoue-0 centerline of said kote Snow Drive;
(l�
T`HF'.NCE North 89 degrees 41 minutes 53 seconds East, with the north line ofsaid Lot 2
and with the 000±b line of said Lot l udiatuuue of 14.28 feet to an "^Y` c in u000roto
fhoud for the northeast corner of said Lot 2, said ^7C~' cut in concrete being the most
northerly southeast comer uf said Lot l, said ^'X` cut ioconcrete being in the wcstlioeof
a 0.2244 acre tract ofland (by deed) and being further described as Parcel No. 21 deeded
to Cbe City of North Richland Hills um recorded iu Volume 7559 ]999 of said Dend
Ilcuordm of Tarrant County, Texas, said ^^X out in 0000nute also being ill [he existing
west right-of-way line of said Rufe Snow Drive, front which a 1/2 inch iron rod with Cup
starnped *'Grant Engineerin found f the northeast corrier ofsaid Lot I bears North 00
degrees 36 minutes 07 seconds West, 4 distance of5l.33 feet, said 1/2 inch iron rod with
cap stamped "Grant En being im the south line of Lot l7, Block l3,Watauga
Heights East Addition, an addition to the City of Watauga, Tarrant County, Texas as
recorded iuCabinet /\` Slide 153 of said Plat Records of Tarrant County, Texas, said l/2
inch iron rod with cap eioroped ^'Grooi Engineering" being the oortbm/umt cVna:r of said
0.2244 acre tract ufland, said l/2 inch iron rod with cup stamped `^Gcuot 2 incor�n�``
being an exterior ell nnonex in the ooim6nr west right-of-way line of said B4te Snow
Ddvu�
( '��������8C South 00 .36 minutes 87 seconds Bua�vdfbd6�om�lbz�o�u�dL»t2,
with. the west line of said 0.2244 acre tract of land, und with the uzimiiog "voot right-of-
way line of said %luft SooY, Qdve, a distance ofV4-67feet to 1burcnouutzuuied uoutbomni
corner of said Lot 2, said reconstructed comer being the northeast corner of Lot 3 ol'said
Block 1,
(3) ][ South 8g degrees 4l minutes 53 seconds West, with the south line of said Lot
2 and with the north line nf said Lot J, e distance ofI6.95 feet tuu}l.O, W. marker set for
onrucr in the proposed west right-of-way line of said l<nfe Snow Drive, said |I,O.VV.
ruarkerbniog 55.0O feet left nf and u1 rig angles N centerline station 230+|4�97 of' the
proposed centerline uf said ]lute Snow Drive;
Resolution No. 2012-036
Page nu'o
Paxcel No� 13
CSJ No.: 0902-48-830
Date: Octobei 06, 201.1
Exhibit A., Page 2 of 3 Pages
(4) THENCE North 00 degrees 34 minutes 52 seconds West, with the proposed west right-
of-way line of said R:ufe Snow Drive, a distance of 25.68 feet to a R.O.W. marker Set for
the beginning of a curve to the right having a radius of 905.00 teet, a central angle of 04
de—ces 22 minutes 17 seconds, and whose radius bears North 89 degrees 25 minutes 08
Seconds East;
(5) THENCI with said curve to the right and with the proposed west right-of-way line of
said Rufe Snow Drive, an are length of 69.05 feet to the POI N OF BEGINNING, and
containing 1,542 square feet or 0.035 acres of land, more or less.
N t
A plat of even survey (late herewith accompanies this legal descriptik
(2) Bearings are referenced to the Texas State Plan Coordinate (System, NAD 83,
Noith Central. Zone, 'utilizing TxDOT Virtual Reference System Network with a.
,.: 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.
SURVEYI ONTI-TE GROUND December 18, 2008
X
..... . .. ...... . ........
Curtis Smith
Registered Professional Land. Surveyor
No. 54,94
!%
Resolution No. 2012-036
Page 4 of 9
I
1, OGf( E,G'ijTS PROPOSED
yypT� A1)pILZCyE t y;3 RIGHT—OF—WAY
I,Q7' 1 /
fi A eXlsrl ac
i;t1F3ICJ p R ' -£ S ,G• FIND D 1/2 "IRON ROD W /CAP
STAMPED "GRANT ENGINEERING `✓
f IL � p
s _t _ RI 231 {50.59
1 - _..__
b s�°^ 41-53
9 CURVE ABLE :LIA RADIUS ARC
1 I a4"r.2'11' 905.00' 69.05 I } _ L07 1 14.
STA a � sT ° L �� ° F CO CRETIN r �O SET R. T_ ry NoT OA g9 L AI- N (r ce
5L� 6
NET 0
J I �
� 2 SE R.O.W. MAR KER I "
JAMES MOODY PIPPIN RADIAL BEARING
N 89'25'08 "E
VOLUME 13802, PAGE 234 PC 230 -40.64
D.R.T.C.T. w _
=w
N 00` ;4'52"W
25.68' N �,
oc
0.0' U`tAIN / +GE & I y RCC 13 u II v)
1J1 Ea EMi_1JT -� SET R.O.W. MARKER 1 I c,-
STA 230 +14.9 a
55.00 LT N
LOT 3 S 89'41 I u
16c95' I ; w Z r- DC
PROPOSED
RIGHT -OF -WAY { a 3 r� I ui w
,n I
CL � a`ci0 a-
PARCEL ND, 21 ->-L -»
0.2244 ACRES (BY DEED) I
40 20 0 40 CITY OF NORTH RICHLAND HILLS - 1
VOLUME 7359, PAGE 1939 I
D.R.T.C.T. EXISTING
RIGHT -OF -WAY
SCALE IN FEET I
NOTES:
1. A L.ErAL DESCRIPTION OF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS FLAT.
2. BEARINGS ARE REFERENCED TO THE TEXAS STATE
PLANE COORDINATE SYSTEM, NAD 83 NORTH �t .EGEfdR
CENTRAL ZONE, UTILIZING TXDOT VIRTUAL FENCLINES
- - - -- t—
REFERENCE SYSTEM NE 1S'ORC WITH A SURFACE PROPOSED R.O.W. LINE ----�
FACTOR OF 1,00012. PROPERTY LINE --
-'L EXISTING FF \TURES
3. DISTANCES AND AREAS SHOWN HEREON ARE ` SURVEY LINE $ —
SURFACE, PARCEL NUMBER
' %t. R.O.W. MARKERS ARE 5/8" IRON RODS WITH "
RECONSTRUCTED CORNER RCC
BLUE CAPS STAMPED "GORRONDONA" UNLESS R.C.W. MARKER
NOTED OTHERWISE.
SURVEYED ON j�1E GROUND' 18, 2008 F7 �P: AR :CEL COUMY JOL3
No. 13 OUNTY J'0- PIPPIN HICHtAY Nu,
DATE: OCTOBER 06, 2011
OSJ: 090 2-48 -830 -cJ
CURTIS SMITH RPLS No. 5494 PAGE 3 OF 3 PAGES
R.O TAKING 1,542 S Q El. OR 0.035 AC.
Resolution No. 2012 -036
Page 5 of 9
Parcel No. 13 TE
CSJNo.:840%-48-830
Date: March 1, 2012
Page Iof4Pnqgem
'
Beio9 u 0.014 uuze tract of land situated in the L.W. Jones Survey, Abstract No. 854, City of
Watauga, Tarrant ,Texaa, said O.0l4 acre tract of land being out of Lot 2, Block ) bu
Addition, an addition to the City of Watauga, Tarrant County, Texas as recorded in Cabi.r.let A,
Slide 5069 of the Plat Records of Tarrant County, Texas, said Lot 2 being deeded by Carol B.
Pippin to Jmona Moody Pippin by Warranty Deed dated May 5, 1999 as recorded in Volume
15802. Page 234 ofdbe Deed Records of Tarrant County, Texas, said 0.8t4 uoce tract of land
being more particularly described by metes and bounds uxfollows:
COMMENCING at o 1/2 iuub iron. rod with cap stamped ^`OrooL Engineering" Found for the
northeast corner of Lot l of said Block 1, said I/2 buub iron to(] with cap utaruped "Grant
Bn o*ehog` being in the south line ofLut 17 Block 13, Watauga Heights East Addition, an, addidnotut����tyof�Vutun8a,Tu�uo(C000ty,7exneavrucoododioCmbiuutA,Slidel53of
said Plat Records of Tarrant County, Texas said l/Z iuob iron rod with cap otu\upod "Grant
Engineering" being the northwest 000zor of u 0.2244 acre tract of land (6y deed) and being
further described as purocl Nn. 21 deeded to the City of North Diob|nod Bd|u as recorded in
Volume 7359, Page lo39of said Deed Records uf Tarrant County, Texas, said l/2iuobironrod
with cap stamped "Grant Engineering" also being ao exterior ell comer iu the existing west riobt-
ofwv/uylincof0ufe Snow Drive (a variable width doh1-of-vvuy), THENCE South 00doA7ocx36
zuiouica 07 seconds 2uai, with the east lion of said Lot 1�rvid6 the vvoot line of said 0.2244 acre
tract.uf land, and w�itbthe existing west right-nf-way line of said Dufe Snow Drive, u distance nf
il.33 feet to uu``}{" cut in concrete found for the northeast corner ofsaid Lot 2, said 'X" cut in
concrete being the most northerly southeast comer nI said Lot l; THENCE South 89 degrees 4l
minutes 53 seconds W*est, with the north line of said Lot 2 and with the south line of said Lot |,a
diutuuuc of 1428 feet to a D.0.W ruurkcr net for the POINT OF l0ECIqyNXNG, said R.O.W.
mucknc huiu8 ila the proposed west right-of-way line of said Bote Snow Drive, said R.O.W.
marker being 55.00 feet left of an atright angles to centerline station 2' ) 1+05,49 of the proposed
cootndiuc of said Kofe Doovv Drive, said R.O.W. market also being the beginning of nor
tangent curve to the left having a radius of 905.00 feet, a central angle of 04 degrees 22 minutes
17 seconds, and whose radius bears South 86 degrees 12 minutes 36seconds East,
(11) 1[0[E��w�)� with said uo=�uo8entoorve to the left and with the proposed west ri��t-o�
way line nf said f(ofo Snow Drive, mu arc length of 69.05 feet to ul%D.9/. marker set for
uunocc
,
( THENCE South 00 degrees 34 minutes 52 seconds East, with the proposed west dght'
of-m/oylivaofauid8ofe8omwDrive, a distance of25.6R feet to uK'Q.W. marker set for
corner io the south line of said Lot 2,said 0L.O.W. marker being iu the north line of Lot
of said Block 1, said R.O.W. marker being 55.00 feet left of and at right angles to
centerline station 230+ 14.97 of the proposed centerline of said Rufe Snow Drive;
[EXHIBIT
Resolution No. uo1c*a6
Page nu,o
Parcel No. 13TE,
CSJNw.: 0902-40-830
Date: March 1,20D2
Page Zof 4 Pages
( THENCE South 89 degrees 4l minutes 53 seconds West, with the south line ofsaid Lot
2 and with the north line ufouid Lot 3,o distance oI5.00 feet tnapoint for comer, from
. wblck the rcunoabnntcd southwest comer of said Lot 2 hcurm South 89 degrees 41
ruioutnx 53 seconds West, a distance of 140.55 feet, said reconstructed conoor being an
exterior ell uorncr of said Lo1 l, said n:couutrooLod corner also being in the north line of
said Lot 3;
,
( THENCE North 00 degrees 34 minutes 52 seconds West, udGotuooe of 25.65 ffft10 a
point for the beginning of curve 1V the right having a vudioo of 910.00 feet, u central
oog|o of 02 degrees, 40minutes 47 oocoodo, and mhomeradinm bcuzu North 89 degrees 29
minutes 08 seconds East;
(5) THENCE with said curve to the right, in arc lerigth of 42.56 feet to a point for corner;
(6) 1|111CNCE North 87 degrees 35 oJnu(nm l% seconds West, u distance of 5.00 feet to a
point for the be�imzio&ofm non-tangent curve \n the doh1having a radius of915.0Ofeet,
u central uuOlo of 01 degrees 38 minutes 42 seconds, and whose radius bears South 87
degrees 53ooiouKna59 seconds East;
( THENCE vvidbuuidoon-taogeoi uunfe to the tight, an are length of 26.27 feet to upoiut
for corner iu the north line of said Lot 2, said pointbeinAin the south line of said Lot l,
from which the rououmtruutrd northwest corner of said I.ut 2 bears South 89 degrees 41
nuinotco 53 seconds West, u distance of 138.20 feet, said reconstructed corner also being
ao interior ell comer of said Lot l;
( THENCE North 89 degrees 4l minutes 53 seconds East, with the north ]iue,of said Lot 2
and with the south line of said Lot }, u distance of 10.03 feet to the POINT OF'
BEGINNING, and containing dO6 square feet nrO.0l4 acres of land, more orless.
Resolution No. 2012-036
Page 7mn
Parcel No. 13 'l
CSJ No.: 0902-48-830
Date: March 1., 2012
Page 3 of 4 Pages
(1) A plat of even survey date herewith accompanies, this legal description.
(2) Bearings are referenced to the Texas State Plan Coordinate System, NAD S
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 "Gorrondona",
unless noted otherwise.
S U RVEYED ON 'kCHE GROUND December 1. 8, 2008
Curtis Sm!th.
. ... ......
Re-istered Professional Land Surveyor
No. 5494
Resolution No. 2012-036
Page 8 of 9
PROPOSED
RIGHT -OF -WAY
Io
K 13 S
HOC TCT
A np I N
;. T �T AG A TIOE 1 LOT 17 W
IiU
C T• P.O.C. RIOHTT
AY
� �AIjII ?.B. RID , PAFK;E! 93 'iE 15
RID 1/2 "IRON ROD W /CAP
STAMPED ".GRANT ENGINEERING --
�(� PRC 231'60.59
C URSE TABLE M
C URVE _. CrL3A RADIUS AIZG -S 2 +06.4 I
0422'17 905,00 6J o� – 65.00 LT
{ -2 02 40 j7 93Q,0o' _ >a' r b SET R.O.W. MAARK£R i f
77 I 01 - '3T' :" 475.pO - f.2'i' LOT 1 RADIAL BEARING I
Uj
S 86'12'36 "£ I » E: > O
N 89'41'53" I S FN D 'X" IN - I Z�y
10.03' i4 v / CONCRE7F: r l
1� R _P _ _R �'
— La
S 89'41'53 Vd 138.20' 'c
r+)� S 89 41'53"4 + 0 -T
C) 14.28'1 N z 9 E
131, K ® 069 R ADIAL BEA RING] ;T ' d >
LOT 1 pI pp p SL T E S 8P53'sq "E P O � � W 0
A �'. I Pxu i3 o lt. m
CAB F.A. S C N 8735`12°'4b' ; M :D Q o
I 13
JAMES MOODY PIPPIN 3TE I
:= f SE Fs:.c,�W. 1AARKER �
VOLUME 13802, PAGE 234 RAOIA» BEARING I —T— a 2:90+40.64
D.R,T.C.T, i N "826 a ®E nn m
K3, I S 00"34 52 E
r-' h v 'r U an
N 00'34'52'V- --- 25,68` o m
25.65'
f S 89' Ci'S3"kV 1AG.55' I N to L., n N N
----4 .R.. ._........... ,,..._.. it O 11 11 Doll 11
- 1 U.0' DRAINAGE & I RCC i { u
UTILITY EASEMENT _ - 2 S 89'41'53 W I o II
-
°'3'.00 i .. � a z nzv
v x to
LOT 0
SET R.O.W. MARKER I N
`7 Q` STA 23 G +14.97 f n �LL �
� � � v � 5 ,00 LT i __ cr I c aaca s arcaa
J0145 . RIGHT-OF-WAY-, WAY- v� iJ cat-r. s
ie
PARCEL No. 21 i- L p
0.2244 ACRES (BY DEED) 1 w
CITY OF NORTH RICHLAND HILLS ...... ...... �— .- -----
1 _..., r c.�p
40 20 0 40 VOLUME 7359, PACE 1939 I I n 0
.__ -.. _. ...__.___- _...._.._.....� D. R.T
j
EXISTING 0
�- RIGHT-01-WAY
SCALE IN FEET ' I
1
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 FENCE I.WES —x• -- x - --
REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R,O.W, LINE
-- --
FACTOR OF 1.00012. PROPERTY LINE "-
`s £ EXISTING FEATURES
3. OISfANCES AND AREAS SHOWN HEREON ARE 7V SURVEY LINE ---- O --
SURFACE. PARCEL NUMBER )[
RECONSTRUCTED CORNER RCC
4. R.O.W. MARKERS ARE 5/8" IRON RODS WITH R.O.W. MARKER
BLUE CAPS STAMPED "GORRONDONA" UNLESS
NOTED OTHERWISE-
SURJEYSD •d`THE GRO D DECEMBER 18, 2008 : STATE ! 0MTRIGT' COUNT? ` JOB
_- f ,, XA , PARCEL No. 13 TE - TAkP N r r30
:..
JAMES MOODY PIPPIN
t 4 GHAA`f N
DATE. MARCH 1, 20.12 CSJ: 0902- 48-830 Oil , L ; I = a salve
CURTIS SMITH, RPLS No. 5494 PACE 4 OF 4 PAGES EASEMENT AREA 606 SQ FI', OR 0.014 AC.
Resolution No. 2012 -036
Page 9 of 9