HomeMy WebLinkAboutResolution 2012-038 RESOLUTION NO. 2012 -038
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 -038
Page 1 of 8
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, Pizza Hut of North
America, 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 RTH R ZHANDHILUS
By:
Oscar T no, Mayor
Aw -EST
Patricia Hutson, City Secretary
AM O F RM AND LEGALITY:
George A. Staples, tity Attorney
Resolution No. 2012 -038
Page 2 of 8
Parcel No. 25
CSJNo.:0902~40-030
Date: October 17,2011
Exhibit A, Page I of Pages
Being u 0.085 acre tract of land oibzutod in tbcVYI Miller Survey, Abstract No. 1020, City of
Watauga, Tarrant County, Texas, said U.005 acre tract of land. being out of Lot &-2D, Block 8,
Summer Hills Addition, an addition to the City nfWatauga, Tarrant County, Tnxua as recorded
in Cabinet B Slide 2132 of the Plat Records oil Tarrant County, 7esua, said Lot A'ZKhoiog
deeded by Pizza Hut of America, loc. to Pizza Bo¢ of North America, Inc. by Deed Without
Warranty dated March l8 recorded ia Volume l4824, Page 2O0uf the Deed Records o[
Tarrant Cuuoty Texas, said 0.8O5acre tract of land being more particularly described bymetes
and bounds uofollows:
BEGINNING u1u]I.0.Y9.uzazkec set for comer in the propound west figbT'nt-p/ay line ofRufe
Snow Diive(u variable width rieht-of-way), said ll.D.VV. marker being io the north line nfuuid
Lot /\'2ll, said R.O.W. ouorkcr being in the south line of l.vt A-I, Block K. Surozncr Hills
Addition, an addition to the City of Watauga, Tarrant County, Texas as recorded in Volume 388-
193, PuAo 17 of said Plot Records of Tarrant County, Texas, said R.O.W. marker also bciocy
55.00 fet left of and at right angles to centerline station 251+45.91 ofthe proposed centerline of
said Rut� Snow Drive, from which ureconstructed uoruor for an angle point in the north )ioo of
said Lot A-2R bears North 89 degrees Jl minutes O2 seconds West, u distance nf36.8j feet, said
reconstructed 000n.erbdugao angle point in the south line uf said Lot A-(|
(l) ][HENCE South 89 degrees 31 minutes 02 seconds East, with the north line ofsaid Lot
A'2Il and with tbeuoodz line of said Lot A'1,u distance o[5.l7 feet to the reconstructed
most easterly northeast comer of said. Lot /\-2R, said reconstructed cucunr being the
southeast onroer of said Lot /\-1, said reconstructed comer hobzg in the axim(bug west
right-of -v.! buc of said Ilnba Snow Drive, said reconstructed oorucz be in the }vrot
line of a 0.2488 acre tract of land (by deed), further described as Tract 46, deeded to the
City of North Richland. Hills as recorded 'in \/obuuze 7311, Page 1130 of said l}omd
Records mf Tarrant Couuty., Texas, from which u5/#iocbiron rod found for the northeast
comer ofsaid Lotf\- l bears North 00 degrees 2l zoiuotcs 04 seconds Weat u distance of
225.17 feet, said 5/8 inch iron rod. being. the iotonectioonfUhe existing vveotniubt-of-way
|ioo of said Rnfe GnVvv Drive with the existing south riglit-of'm/uy line of Hightower
Drive (u variable width riuht-of-n/uy);
( TDIENC3C South 00 degrees 21 minutes 04 seconds East, with the east line ofsaid Lot A,
9 R,p/iUnUxuweut\incufnoj6 O.2488 acre tract of land and with the existing west bcbt-
of-vvuy line of said Bote Soon/ Drive, u distance of 70.84 feet to the reconstructed
southeast comer of said Lot A-2R, said reconstructed comer being the northeast comer of
Lot A'|, Block I of Watauga Heights East, Section Two Addition, an addition to the
City ofWatauga, Tarrant Couody, 7oxuo ma recorded iu Cabinet fl. Slide 1232 ofuojd Yiut
Records of Tarrant County, Tcxuu said reconstructed comer also being the uordzrvcut
corner nfu 15.0' riuh{-ot-vruy dedication ux recorded io Voluroe 388-73 Page 4Oufsaid
Plat Records of Tarrant County, Tezua�
Resolution No. 2012-038
Page nmx
Parcel No. 25
CSJ No.: 0902-43-830
Date: October 17, 2011
Exhibit A, Page 2 of 3 Pages
(3) 114ENCE North 89 degrees 49 minutes 02 seconds West, with the south line of said Lot
.A-2R and with the north line of said Lot A -1 of said Block 11, passing at a distance of
1.50 feet a 1/2 inch iron .rod with cap stamped "Grant Engineering" found for reference,
in all, a distance of 2.00 feet to a R.O.W. marker set for corner in the proposed west
right-of-way line of said Rafe Snow Drive, said. R.O.W. marker being 55.00 feet left of
and at right angles to centerline station 250+70.01 of the proposed centerline of said Rufe
Snow Drive, said R.O.W. marker also being the beginning of a non-tangent curve to the
left having a radius of 795.00 feet, a central angle of 05 degrees 06 minutes 59 seconds
and whose radius bears South 89 degrees 38 minutes 51 seconds West;
4) ITIENCE with said non-tangent curve to the left and with the proposed west right-of-
way line of said Rufe Snow Drive, an are length of 70.99 feet to the POINT OF
BEGINNING, and containing 216 square feet or 0.005 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 TxDOT Virtual Reference System Network with a
surface factor of 1.00012.
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 UsIRVEYED ON THE GROUND December 18, 2008
.... . .......
Curtis Sinith
Registered Professional Land Surveyor
No. 5494
Resolution No. 2012-038
Page 4 of 8
s L i CUR VE TABLE
I 3 ON! 98 +10.31 PI B BI LS ADD 4 , 555 (�RVE 0506 RA 500' 70.9 C�
R 7 , SLR _ !
SCJA4T'�NE G �'� - ~� PARCEL No. 46 C
` CA8 f , R,.T 0.2488 ACRES (BY DEED) II
1 CITY OF NORTH RICHLAND HILLS-4 ,-°� - --
VOLUME 7311, PAGE 1130
y D.RT.C.T.
®� P � 1 FNI 5 /8 "IR 0
r' Rr DETAIL „ :<s
NOT TO SCALE i y
co
IL OD
.�
PL— v RCC 0 0
PASSING AT 1.50' r = O m5 T
FND 1/2 ROD
91 I W /CAP STAMPED x ° m
'i�� -•. "GRANT ENGINEERING" ry 7_
P'T 252 +7 2.10
N 6949'02
" ` �� � PI STAT
1A OV D ION : =252 +21.63 2.00'
ELTA =6'48'42.35 D
i� • DEGREE OF CURVE =6'44'26.45" 26 I > 1,
TANGENT = 50.59' LOT A- 1
r L'cNGTH - 10},05' C
RADSIUS =8 51+ JJIOCK 3A17itJ�J0
1 PT STATION = 252+72.5 1 fill j 93,
�A�I
vo�,L1�i� p.R.T• ; � i � �� 1
N
PROPOSED o '
RIGHT-OF-WAY
y� ?
STA 251 +45.91
50 25 0 50
SET R.C.W. MARKER
r 8 O� 1 s 89'31'02"E
- SCALE IN FEET �3f R �' � 2 132 RCC FC i RCC 5.17' w
��pp G�*�y� N 883102"W I
j PI STATION =251 +20.58 �j'b/1Y+ .Ys
DELTA =6'48'42.3'5 CAW P.R. ' ' P.O. . I I
TAN Ec OF
DEGURVE =6'4450,59' PARCEL 25,1} .,}
TANGENT = 5D.59' +^
LENGTH = 101.05' LOT A t ry
R I DO
A D I U S = 8 5 0. 0 0 PIZZA HUT OF NORTH AMERICA,. INC. I �:
PC STATION - 250+69.99 VOLUME 14824, PAGE 2a0
PRC STATION = 251 +71.04 I
5
SEE
r � ,0' UTILITY EASEMENT D.R.T.C.T. 5 ! rn DETAIL
PC 250 +69,99
--------- - - ---'
5.0' UTILITY EASEMENTT LOT A -f -- ---- ____ BCOCK 1 f AST __ -- RADIAL 6EARING I `'!
IGH SET ROWS 89'38'51' E W I r'� { 1 15.0' R,O.W, DEDICATION
1, A (JOA IIF ADDITION ... MARKR - VO!_VME 388 -73, PAGE 48
1. A LEGAL DESCRIPTION Of EVEN SURVEY DATE WA TA 7jt!0 ADDITI P.R.T.C.T.
2 . B ARE R TEXAS SPAT[ ABINg � , 7SC I� E ' 2 A 2 55.G0 °0
L PLANE COORDINATE SYSTEM, NAD 83 NORTH LEGEND
CENTRAL ZONE, UTILIZING TXOOT VIRTUAL FENCE LINES k - --
REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.O.W. LINE ---
FACTOR OF 1.00012. PROPERTY LINE P
EXISTING FEATURES -
3. DISTANCES AND AREAS SHOWN HEREON ARE \ SURVEY LINE
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 O
NOTED OTHERWISE
SURVEYED QPt GROUND DECEMBER 18, 2008 STATE DlSTRIC'T ARCEL N COUNTY { J08
''E A;> % PIZZA HU ®OF25 AIRANT ! 8:301
NORTH AMERICA INC. HIGHWAY No,
DATE: OCTOBER 17, 2011 CSj: 0902- 48 -830 Mvrc !N ,R
CURTIS SMITHS, RPLS No. 5494 PAGE 3 OF 3 PAGES R.O.W. TAKING 216 SGF i" OR 0.005 AC.
Resolution No. 2012 -038
Page 5 of 8
Parcel No. 2511','
CSJ ]?tee.: 0902 -48 -830
Date: March 6, 2012
Page I of Pages
Being a 0.019 acre tract of land situated in the W.3. Miller Survey, Abstract No. 1020, City of
Watauga, Tarrant County, Texas, said 0.07:9 acre tract of land being out of Lot A -2R, Block 8,
Sun, met Hills Addition, an. addition to the City of Watauga, Tarrant County, Texas as recorded
in Cabinet B, Slide 2132 of the flat Records of Tarrant County, "Texas, said Lot A -2R being
deeded by Pizza Hut of America, Inc. to Pizza Hitt of North America, .Inc. by Deed Without
Warranty dated March 18, 2001 as recorded in Volu ne 14824, Page 200 of the Reed Records of
Tarrant County, Texas, said 0.019 acre tract of land being more particularly described by metes
and bounds as follows:
COMMENCING at a 5/8 inch. iron rod found for the northeast comer of Lot A -1, Block 8,
Summer Hills Addition, an addition to the City of Watauga, Tarrant County, Texas as recorded
in Volume 383 -193, Page 17 of the Flat Records of Tarrant County, Texas, said 5/8 inch iron rod
being the intersection of the existing west right -of -way line of Rufe Snow Drive (a variable
width right -of -way) with the existing south right -of -way line of Hightower Drive (a variable
width right -of -way), said 5/8 inch iron rod being in the west line of a 0.2448 acre tract of land
further described as Parcel No. 46 deeded to the. City of North Richland Hills as recorded in
Volume 7311, Page 1130 of said Deed Records of Tarrant County, Texas: THE NCE South 00
degrees 21 minutes 04 seconds Fast, with the east fine of said Lot A -I and with the existing west
right -of -way line of said Rufe Snow Drive, and with the west line of said 0.2448 acre tract of
land, a distance of 225.17 feet to the reconstructed northeast corner of said Lot A -2R, said
reconstructed corner being the southeast corner of said Lot A -1; THENCE North 89 degrees 31
minutes 02 seconds West, with the north line of said Lot A -2R and with the south. line of said Lot
A -1, a distance of 5.17 feet to a R.O.W. marker set for the POINT OF BEGI - NIN NG of the
herein described 0.019 acre tract of land, said R.O.W. marker being 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 251 +•45.91, said R.O.W. marker also being the beginning of a non -
tangent curve to the right having a radius of 795.00 feet, a central angle of 05 degrees 06 minutes
59 seconds and whose .radius bears South 84 degrees 31 minutes 52 seconds West;
(1) THENCE with said non- tangent curve to the right and with the proposed west right -of-
way line of said Rufe Snow Drive, an are length of 70.99 feet to a R.O.W. marker set in
the south line of said Lot A -2.R, said R.O.W. marker being in the north line of Lot A -1,
Block 11., Watauga Heights East, Section Two Addition., tea. addition to the City of'
Watauga, Tarrant County, Texas as recorded in Cabinet I3, Slide 1232 of said. Plat.
Records of Tarrant County, Texas, said R.O.W. marker also being 55.00 left of and at
right angles to centerline station 250 +70.01, from which a 1/2 inch iron rod with cap
stamped "Grant Engineering" found for reference bears South 89 degrees 49 minutes 02
seconds East, a distance of 0.50 feet. ;
(2) 'f'I1lENCE North 89 degrees 49 minutes 02 seconds West, with the south. line of said. Lot
A -2R and with the north line of said Lot A -1, Block 1 I of Watauga 1-1-eights East, Section
Two Addition, a distance of 11.00 feet to a point for corner;
EXHIBIT
Resolution No. 2012 -038
Page 6 of 8
Parcel No. 25 T
CSJ No.: 0902-48-830
Date: March 6, 2012
Page 2 of 3 Pages
(3) THENCE North 00 degrees 21. minutes 04 seconds West, a distance of 51.71 feet to a
point for corner;
(4) THENCE South 89 degrees 44 minutes 30 seconds West, a distance of 5,35 feet to a
point for comer;
(5) THENCE North 05 degrees 51 minutes 51 seconds West, a distance of 19.39 feet to a
point for corner in the north line of said Lot A-2R, said point being in the South line of
said Lot A-], Block 8 of Summer Hills Addition, from which a reconstructed corner for
an angle point in the north line of said Lot A-2R bears North 89 degrees 31 minutes 02
seconds West, a distance of 21.80 feet, said. reconstructed comer being an angle point in
the south line of said Lot A -1 of Summer Hills Addition;
(6) THENCE South 89 degrees 31 minutes 02 seconds East, with the north line of said Lot
A-2R and with the south line of said Lot A-1, Block 8 of Summer Hills Addition, a
distance of 15.05 feet to the POINT OF BEGINNING, and containing 826 square feet
or 0.0 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 TxDOT Virtual Reference System Network with a
surface factor of 1.00012.
(3) Distances and areas shown hereon are surface.
(4) R.O.W. Markets are 5/8 inch iron rods with blue caps stamped "Gorrondona"
unless noted otherwise.
SURVEYED ON THE GROIJND December 18, 2,008
. ............. .. .
Curtis Smith
Registered Professional Land Surveyor
No. 5494
Resolution No. 2012-038
Page 7 of 8
e —
DCE{y DI�IOV I I �� ~ 98110:31 PI CURVE
3 OELTAA CURVE �� ARG
3
ii1 IL S AD 5,5 t c - 1 05'06'59 a rya :n.ss' 4) '.
SEII A INS A,T C'7 PARCEL No. 46
�gII Y g C:Z488 ACRES 6Y DEED) =L
y ,/'� •'! CITY OF NORTH RICHLAND HILLS- -a•� -' i �,�, �
VOLUME 7311, PAGE 1130 FND 5 8'IR
�D.R.T.C.T. PARCEL 25 TE z
C) F P R ' DETAIL "A"
/O J NOT TO SCALE
4 C7
0
l� « I 11,00 -' o m M a 7
/ N 89'49'02* 25 cl)
Z i SET R.O.W. MARKER ----1 J m
S 89'49'02 °E
FNO 1/2 "IRON ROD v I ® PT 252472.10
AOL- W /CAP STAMPED I I
iY+ i40. "GRANT ENGINEERING' m n 71
PI STATION = 252 +2.1.63 -
DELTA. = 6'43'42.35" {{
DEGREE OF CURVE = 6'44 "26.45" r j
TANGENT = 50.59'
LENGTH 101.05' Lv oN
RCST I z
RADIUS =a 50.00' ()cx DITI I I m
FS = 2552 +72.'i 6 T Y I )3,�I'A
i
SUh1M , 3g8- T. I A 1�
`TO hIb I' R T PROPOSED 6,
RIGHT-OF -WAY I n� I m +
Fu ~� STA 251 +45.91 j � v p i I
,LOT A - 2R 55.00' '_.7 I n z
PIZZA HUT OF NORTH AMERICA, INC S R.D.Vd. MAR KER I" v
VOLUME 14824, PAGE 200 RNDIAL BEARING I ` IPRC 25
D.R.T.C.T. '� s 34'31'5 -W I N
�a 25 0 50 S 89'31'02 "E I
p g y� g . N 89'31'02'W
15
t�Dl .0 ' i 5.17' in
SCALE IN FEET �vt 21 N 89.31'02"w i Rcc f
,I D = 6'48'41 358 ,7 } �AT�i"A � 21.80'1;
DEGREE OF CURVE =6'44'26.45" cA 1 � t N d3 ° 1 ' 31' I !s I PARCr.t. 25 TE
TANGENI = 50.59'
LENGTI4 A 101.05, S 89'44' t :;;!;;.! 25 TE
RA131US = .850.00' I _
PC STATION =250 +69,99
PRO STATION =25•.-1-71.04 00'21'04"
5.n UTILITY EASEMENT I -
rr _ -- _ - - - -- 51. -- -_. I Q- AIL ,.A..
_
r LOT A- f '
5.0' UTILITY EASEMENrj B oCIG1IT5 EAST, N 89 ' 49 02' W l �
1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE 'ffATAUGA HE I ' s An jTION
11.00" I
HEREWITH ACCOMPANIES THIS PLAT S ECTION � T� 1IpE 123? SET R:O.W. MARKER 15.0' k,O.W. GEDICAtION
INE B' T• STA 250 +70.01 j V
388 PACE 48
CAB T.C• ;- P.R.T.i,,T.C. .T.
2. BEARINGS ARE REFERENCED TO THE TEXAS .STATE P R 55.(10 L T'
PLANE COORDINATE SYSTEM, NAD 83 NORT14 LEGEND
CENTRAL ZONE, UTILIZING TXDOT VIRTUAL FENCE LINES x
REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.O.W LINE
FACTOR OF 1,00012, PROPERTY LINE I ('.
EXISTING FEATURES _ __....
1 DISTANCES AND AREAS SHOWN HEREON ARE ^ SURVEY LINE --
SURFACE. i„ PARCEL NUMBER
4. R.O.W. MARKERS ARE 5/8" IRON RODS WITH �
RECONSTRUCTED CORNER ROG
BLUE CAPS STAMPED 'GORRONDONA' UNLESS I R.O.W. MARKER `J
NOTED OTHERWISE.
SURVEYED THE GROUN DECEMBER 1B; 2008 E 57ATE DISTRICT dAE
2 PARCEL. No. 25 TE PIZZA HUT OF
NORTH AMERICA INC. DATE: MARCH 6, 2012 CURTIS SMITH, RPLS No. 5494 PAGE 3 OF 3 PAGES CSJ; 0902 -48 -830 ib EASEMENT AREA 826 SQ.FT, OR 0.0
Resolution No. 2012 -038
Page 8 of 8