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HomeMy WebLinkAboutResolution 2012-037 RESOLUTION NO. 2012 -037 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 -037 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, Rufe Snow Depot, L.P., 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 RT I LAND HILLS 4s ] . i s By Oscar lWvino, Mayor At T: Patricia Hutson, City Secretary APP OV AS TO FORM AND LEGALITY: George A. Stapf6s, City Attorney Resolution No. 2012 -037 Page 2 of 8 Parcel No. 14 CS3 No.: 002-48-830 Date: October 06, 2011 Exhibit A, Page I of 3 Pages Beim- 0 a 0.014 acre tract of land situated in the L.W. Jones Survey, Abstract No. 854, City of Watauga, Tarrant County, Texas, said 0.014 acre tract of land being out of Lot 1, Block 1, Pippin Addition, an addition to the City of Watauga, Tarrant County, 'J.cxas as recorded in, Cabinet A, Slide 5069 of the Plat Records of Tarrant County, Texas, said Lot I being deeded by James Moody Pippin to Rufe Snow Depot, LY, by Warranty Deed dated December 17, 1999 as recorded in Volume 14147, Page 508 of the Deed Records of 'Farrant County, 'Texas, said 0.014 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a R.O.W. marker set for comer in the north line of said Lot 1, said R.O.W. marker being in the south line of Lot 17, Block 13, Watauga Heights East Addition, an addition the City of Watauga, Tarrant County, Texas as recorded in Cabinet A, Slide 153 of said Plat Records of Tarrant County, Texas, said R.O.W. marker being in the proposed west righl-of-way flne of Rufe Snow Drive (a variable width right-of-way), said R.O.W. marker being 55.00 feet of and at right angles to centerline station 231-1-53.95 of the proposed centerline of said Ruf(, Saow Drive; (1) THENCE Noilh 89 degrees 41 minutes 53 seconds East, with the north line of said 1.,ot I and with the south line of said Lot 17, a distance; of 8.87 feet to a 1/2 inch iron rod with, cap stamped "Grant Engirieering' - found for the northeast corner of Said Lot 1, said 1/2 inch iron rod with cap stamped "Giant Engineering" being the northwest corner of a 0.224.4 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 VolLurie 7359, Page 1919 of said Deed Records of Tarrant County, Texas, said 1/2 inch irort rod with cap stamped "Grant Engineering" being in the South line of said Lot 17, said 11 inch iron rod with cap stamped "Grant Engineering" being an exterior ell comer in the existing west right-of- way line of said Rufe Snow Drive; (2) TI-TENCE South 00 degrees 36 minutes 07 seconds East, with the cast line of said Lot 1, with the west line of said 0.2244 acre tract of land, and with the existing west right-of- way line of said Rufe Snow Drive, a distance of 51.33 feet to an "X" cut in concrete found for the most northerly southeast corner of said Lot 1, said "X" cut in concrete being the northeast comer of Lot 2 of said Block 1; Q 1 1 T1 1 ,11ENCE South 89 degrees 41 minutes 53 seconds West, with the south line of said 1,ot I and with the north line of said Lot 2, a distance of 14.28 feet to. a R.O.W. marker set for co 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 231-05.49 of the proposed centerline of said Rufe Snow Drive, said R-O.W. marker being the beginning of a non - tangent curve to the tight having a radius of 905.00 feet, a central angle of 03 degrees 15 minutes 59 seconds, and whose radius bears South 96 degrees 1.2 minutes 36 seconds East. Resolution No. 2012-037 Page 3 of 8 Parcel No. 14 CSJ No.: 0902-48-830 Date- October 06, 2011 Exhibit A, Page 2 of 3 Pages 1 with said non-tangent curve to the night and with the proposed west right -of way line of said Rafe Snow Drive, an arc length of 51.6 feet to the POINT" Of' BEGINNING, and containing 607 square feet or 0.014 acres of land, more or less. Nlotes: (1) A plat of even survey date herewith accompanies this legal description. (2) Bearings are refbrenced to the Texas State Plan Coordinate Syste,111, NAD 8 3 3 ' North Central Zone, utilizing T.Y-DOT Virtual Reference System Network with a surface factor of 1. 000 12. (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 L) RVEY ED ON THE GROUND December 1. 8, 2008 .. . ............ Curtis Smith Registered Professional Land Surveyor No. 5494 Resolution No. 2012-037 Page 4 of 8 CT 2 +77. 7 E: 3 3 � 1 -- ` - -- -- -- - - - -- _ c __ - - -` - -- - ___ - --` EXISTING RIGHT-OF-WAY I 15.0' MUTUAL ACCESS EASEMENT ° f I_.......I __. PL PROPOSED s ( z 15.0' MUTUAL ACCESS EASEMENT RIGHT -OF- WAY -- - - - - -- ------------- ---- ------ -------- ___- --- -- - - -` PI STATION = 232 +1 &96 w 13 DELTA =7'51 �� o .# j�X ; DEGREE OF CURVE =6'44'26.45' x o�ti `I WATA ADD1TXpE 1 5.3 L E NGENH i1654 ' m 7 n ST A, S RADIUS =850.00' aj y yNr"T 0• PRC STATION =231760.59 � w tiA p•j `� PT STATION = 2321-77.13 + q! 40 25. a 45. N 89'41 °53WE I .•_ �m�.3r1� ..._. LOT 17 B7° ,. STA 231+53.95 FND 1/2 "IRON ROD W /CAP ,5.00 LT �.� - 51'AMPED "GRANT ENGINEERING SCALE IN FEET SET R.C.W. M ARKER _...__.__�._...� �. __ — .ez_.._.... �. -.._ _....._..R.._._.. ..... _.__..�.r� .i._. 231 +6 .5 9 , LOT I { � ° RUFF: SNOW DEPOT, L.P. � � pi 4� � 'ice VOLUME 14147, PAGE 508 1 4 v � b u5 > 4 0 D.R.T.C.T, RADIAL BEARING FND "X" IN S 8612 CONCRETE ± / Y C 5 I SEC R.O.V. MARKER ry z $1,$ AD 3 I ���� STA 231;-0 pit P Sj'jp 5:5.00 LT ry w 0 I $II : TvC T. s X39"41 °�� � I TI + � < � I � ± 14.28' y M LOT 2 PROPOSED M 1 RIGHT -OF -WAY- 1 I �- Pi STATION =2.31 +00.72 I �3� EXISTING � DELTA =8 PARCEL No. 21 I �RfGHT -OF DEGREE OF CURVE = 6'44'26.45" 0.2244 ACRES (BY DEED) j PC 230 +40 .64 TANGENT = 60.08, CITY OF NORTH RICHLAND HILLS------ .4 - - -- - �* - - - +- L E N G T H = 1 19.95' VOLUME 735 PAGE 1939 # P L R A D I U'S = 8 5 0- 0 0 - - -- PC STATION = 230 +40.64 I n r PRC STATION = 231 +60.59 I u 0 CU RVE TAB j p CURVE DELTA RA)jus ARc LOT 3 I a � ' y + 031S 5 :" 90`i.OL SI.6C N I � 1 NOTES: I . A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. 2. BEARINGS ARE REFERENCED TO 114E TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83 NORTH LEGEND CENTRAL ZONE, UTILIZING TXDOT VIRTUAL I FEN NE" ,i � - - -e -- g REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.O.W. LINE---- - FACTOR OF 1.00012. PROPERTY LINE EXISTING FEATURES 3. DISTANCES AND AREAS SHOWN HEREON ARE ` e SURVEY LINE. — SURFACE. PARCEL NUMBER RECONSTRUCTED CORNER RCC 4. R.O.W. MARKERS ARE 5/8" IRON RODS WITH R.O.W. MARKER Q BLUE CAPS STAMPED "GORRDNDONA" UNLESS NOTED OTHERWISE, 5URVEYCO ON GROUNJ'DECEMB£R 18, 2DD$ STATE CiISTRICT C4 LJOB T XAS. _..__ _ AlrTi " 830 il 5.r t {{ . DATE: OCTOBER 06, 2011 GSJ; 0902-48 83 r+ C€ kr_. CURTIS SMITH, RPLS No. 5494 PAGE 3 OF 3 PAGES R 0.6Y TA A0. Resolution No. 2012 -037 Page 5 of 8 ` Parcel No. 14 TE CSJ No.. 0902-48-830 DrAe:Maruh 1,201.% ' �,Fugu1oK3 Pages Being u 0.009 acre tract of land ubcmtnd in the L.W. Jones Survey, Abstract N". 854 City of Watauga, Tarrant County, Texas, said Dl0V acre tract uf land being out ofLot 1, Block | Addition, an addition 0u the City ufWatauga, Tarrant County, Texas as recorded in Cabinet &, Slide 5069 of the PLu1 Records of Tarrant Couo1y, Texas, said I^u1 | being deeded by James Moody Pippin 10 &ufe Onmvv Depot, L.P. by VVmzwoty I)ood dated December 17, 1999 as recorded ioYo1oozo l4}47_ Page 508of the Deed Records nf Tarrant County, Texas, said O.8O9 acre tract of land being more particularly described bY metes and bounds aaDu|lowe: BEGINNING at u R.O.W. marker set for comer in the north line ofoaid Lot l said R.O.W. marker being io the south line of Lot l7, Block l3, Watauga Heights East Addition, auaddition to the City ofWatauga, Tarrant Count) Texas as recorded in Cabinet A, Slide 153 of said Plat Records of Tarrant County, Texas, said R.O.W. marker being in the proposed west right-of-way line ofRuie Soun/ Drive (o variable width right-nt-woy), said D.O.W. marker being 55.00feet lcllo[ and ot right angles to centerline station 231+53,95 of the proposed ceritcrline of said Me Snow Drive, said R.O.W. marker also being the beginning of a curve to the left having a radius o[905.00 feet, o ocotru\ uuolo of 03 de 15 minutes 59 mnonnds and whose radius bears South 82 degrees 50 minutes 36 ot000de Bost, from which 1/2 inch iron rod with cap stamped "Grant Engineering" found for the northeast corner of said Lot l bears North 89 degrees 58 minutes 56 seconds East, a distance of 8.80 feet, said 1/2 inch iron rod with cap stamped "Grant 8/ iaecriiig" being in the south line of said Lot 17. said 1/2 inch. iron Tod with owy xLumpcd "Grant Engineering" being the oortbvvoet oorocr of 02344 acre tract of land (by deed) and being fuoborduacd6ed as Yozucl No. 21 deeded to the City ofNorth Iliobluod HD8a an recorded (u Volume 735D,Page 1959of said Deed Records of Tarrant County, Texas, said }/2 inch iron rod with cap stamped "Grant Engineering" alsoheiognuoxteriozo!lcnroerintbnexisting west dzbt'of-n/uy line of said }lute Soon/ Drive; (l) THENCE with said curve to the left and with the proposed west light-of-way line of said Dofe Snow Drive, oo arc length of 5l.M0 feet tnuRD.W. marker set for comer iothe south line of said Lot ], said Il.Q.W. marker being io the north line of Lot 2of said Block i, said R.O.W. zuarker being 55'00 feet. left of and at right oog}oo to centerline station 23 1 +05.49 of the proposed centerline of said Rufe Snow Drive, from which an "X" cut in concrete found for the most northerly uoo¢beuat comer of said Lot l bears Nudh. 89 degrees 41 minutes 53 mccoo4a I3usi, u dioiuuoo of l4.28 feet, said `^J(" out in concrete being the northeast comer ofneidI.ot2, said "X" cut io concrete being in tile west line of said 8.2244 acre tract of land, said ^^}{`, uo1 in concrete also being ill Lhx existing wcyt doh\'uf-n/uy line of said Rute Snow Drive, (2) 1[14DINCFL South 0g degrees 4l nziuzdea 53 seconds West, with the south line of said Lot I and with the oodb line of said Lot 2, a distance of 18.03 feet to o point for the beginning of non-tangent curve to the, right buvio� u radius of 915.00 � [ect, u central angle of 01 degrees 41 minutes 05 seconds, and whoseradius bears South 86 degrees 15 minutes l7 seconds East, fronn which u reconstructed northwest comer ofoujd Lot 2bears South 89 degrees 41 ouiout«m 53 seconds West, a distance of 138.30 feet, said reconstructed corner also being um interior ell comer of said Lot }; EEXHIBIT Resolution No. zo1z'oar Page oufo Parcel No, 14 TE CSJ No.: 0902-48-830 Date: March 1, 2012 Page 2 of 3 Pages (3) THENCE with said non-tangent curve to the right an arc length of 26.90 feet to a point for corner; (4) MENCE South 84 degrees 52 minutes 59 seconds East, a distance o 5.00 feet to a point for the beginning of non-tangent curve to the right having a radius Of 910.00 feet, a central angle of 01 degrees 35 minutes 04 seconds, and whose radius bears South 84 de 34 minutes 06 seconds East; (5) 11111."NCE with said non-tangent curve to the right an arc length of 25.16 - feet to a point for comer in the north line of said Lot I., said point being in the south line of said Lot 17, (6) THENCE North 89 degrees 41 minutes 53 seconds East, with the north line of said Lot I and with the south line of said Lot 17, a distance of 5.04 feet to the POINT OF BEGINNING, and containing 391 square feet or 0,009 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 TxD91' Virtual Reference System Nl'­,vork with a surface factor of 1.0001'2. (3) Distances and areas shown hereon are surface. (4) R.O.W, Markers are 5/8 inch iron rods with blue caps stamped "Gorrondolia", unless noted othenvise. SURVEYED ON THE GROUND December 18, 2008 .... ... .... .... . ........ .... .. . . . .... ... .. _rol Curtis Smith Registered Professional. Land Surveyor No. 5494 Resolution No. 2012-037 Page 7 of 8 PT 23 2 +77.13 r------......----------------------- --•---- -_____-__--- - -1--- EXISNG ziu RiGHT-oF TI -VlAY 15.0' MUTUAL ACCESS EASEMENT w! I Z i Z n w PROPOSED ? w 15.0' MUTUAL ACCESS EASEMENT RIGHT -OF -WAY g :a ZI - c. o 62 ooc PI STATION = 2321 -1fi�90 V tD V �' DELTA =7'5.1 19.81" CC1f 13 TS DEGREE OF CURVE =6 44'26,45" o a ,1;A17 CA DI�`.J.� 1 53 LE = 11654` 0o� c? yVA S� Ap L XnE RADIUS = 650.00' EA A S PRC STA71ON =231+60.59 - p1 NgT C. T, PT STATION =232 +77,13 UA �' STA 231 +53. N S5.G0 LT P. c). B N - SET R.O.W, MARKER PARCE, 14 7E N 40 20 0 40 LOT 17 RADIAL 8EARINC I S 82'56'36'E 15 FND 1/2 "IRON ROD IN/CAP N 89`41'B3 STAMPED "GRANT SCALE IN FEET 5. ' R— — — — 2— — -- �— — — L. t F'IZC 231 +60.53 RADIAL BEAR ING __.. ���``_ j G t' N 89'58'55'E t^' lei S 84-34'G6 F " I a.ao V) G'� �p �''� RUFE SNOW DEPOT, L.P. 5.O© A 14`7E Uj VOLUME 14147, PAGE 508 1 1 > L P 5 D.R,T.C.T. CV ::' r N 89'41'53 "E z RADIAL 0_.__E I BEARING ::.:r 14. 14.28' — S 96 15 a 1? E i y 2 RCC S 95'41'53'11 139.20' y FND "X" 114 q y S 89'41 53 W CONCREfc ' e M LDO A)) 1 LION 5 9 10.p3 I w U ]3 DT 0� SET R.O.W .MARI(ER ; � N ppPAL�D STA gal +os.4 ': o z ij O,kolp" T C.1' 55.00 LT W M IJ- PROPOSED j a LO T 2 RIGHT -OF -WAY PI STATION =231+00.72 i O EXISTING DELTA .8'05'07.87" PARCEL. No. 21 I 13 RIGHT -OF -'.LAY DEGREE, OF CURVE =6'44'26.45" 0.2244 ACRES (BY DEED) PC 230 +4 TANGENT = 60.08' CITY OF NORTH RICHLAND HILLS - - LENGTH = 115,95' VOLUME 7359, PAGE 1,339 1 R A D I U S -85 0. 00 ' D.R.T,C.T. I PC STATION =230+40.64 `- PRC STATION =231 +60.59 CURVE TABLE CURVE DELTA RADIUS ARC LOT 3 1 ( _ o i_ 1 01 41 O i" 315�D0' _ 26 .90' t: • -3 - t1 3S S}4�' 910..70 9 5,16' NOTES: 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. 2, HEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, FGEN TEM, NAD 83 NORTH - - " D CENTRAL ZONE, UTILIZING MOT VIRTUAL FE2iCE LINES -- .— REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.O.W. LINE-- - FACTOR OF 1:D0012. PROPERTY LINE --. ` EXISTING FEATURES - - - - -- 3. DISLUJCES AND ARE SHOWN HEREON ARE SURVEY LINE SURFACE. PARCEL NUMBER O RECONSTRUCTED CORNER RCC 4. R.O.W. MARKERS ARE 5/8" IRON RODS WITH R.O.W. DARKER r BLUE CAPS STAMPED 'GORRONDOtW UNLESS C NOTED OTHERWISE. SURVEYED CJC GROUktD DECEMBER 18, 3008 STAT DfSTftlt;T AMC, DEPOT, L,P. HIGHNIAY Po. - DATE: MARCH 1, 2012 CSJ 0902 - 46 -830 � ; €: <,:r,�3� nr <f e CURTIS SMITH, RPLS No. 5494 � PAGE 3 OF 3 PAGES EASEA�ENT AREA 3�1 SQ.FT. OR O 009 Resolution No. 2012 -037 Page 8 of 8