HomeMy WebLinkAboutResolution 2012-041 RESOLUTION NO. 2012 -041
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 -041
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, Windward Partners
VII, 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 OF TH RI HAND HILLS
By:
Oscar Trev o, Mayor
A T TEST:
Patricia Hutson, City Secretary
APP TO FORM AND LEGALITY:
George A. Staples, City Attorney
Resolution No. 2012 -041
Page 2 of 9
Parcel No. 34
CSJ No.: 0902 -48 -830
]Date: April 02, 2012
Exhibit A, Page 1. of 4 Pages
Being a 0.059 acre tract of land situated in the W.. Mann Survey, Abstract No. 1010, City of
North Richland Hills, Tarrant County, Texas, said 0.059 acre tract of land being out of Lot 2 -R,
Block 1, North Park Plaza, an addition to the City of North Richland Hills, Tarrant County,
Texas as recorded in Cabinet A, Slide 8684 of the Plat Records of Tarrant County, Texas, said
Lot 2 -R. being deeded by Jolaron IV Investments Joint Venture to Windward Partners VII, L.P.
by Warranty Deed dated October 2, 2003 as recorded in Volume 17262,. Page 131 of the Deed
Records of Tarrant County, Texas. and being deeded by North Park Plaza Associates, Ltd, to
Windward Partners VII, L.P. by Warranty Deed dated November 11, 2001 as recorded in
Volume 15292 Page 109 of said Deed Records of Tarrant. County; Texas, said 0.059 acre tract of
land being more particularly described by metes and bounds as follows:
BEGINNING at. a R,O.W. marker set for the. intersection of the proposed east right -of -way 'line
of Rufe Snow Drive (a variable width right -of -way) with the existing north right -of -way line of
Watauga .Road (al 10.00' right -of -way), said-R.O.W marker being in the south line of said Lot 2-
R, said R.O.W. marker being 79.26 feet right of and at right angles to centerline station
201+45.13 of the proposed centerline of said .Rafe Snow Drive, frown which the reconstructed
southeast corner of said Lot 2 -R bears North 89 degrees 50 minutes 09 seconds East, a distance
of 22347 feet, said reconstructed corner being the most southerly southwest corner of Lot I -R of
said Block 1, said reconstructed corner also being in the existing north right -of. -way line of said
Watauga. Road;
(1) THENCE South 89 degrees 50 minutes 09 seconds West, with the south line of said Lot
2 -R and with the existing north right-of-way ;line of said Watauga Road, a distance of
15.96 feet to the reconstructed most southerly southwest corder of said Lot 2 -R, said
reconstructed corner being the southeast corner of a 1,196 square foot tract of land (by
deed) and being further described as Parcel No. 5 deeded to the City of North Richland
Hills as recorded in. Volume 14186; Page 53: of said Deed Records of Tarrant. County,
Texas, said reconstructed corner also being the intersection of the existing east right -of-
way line of said Rufe Snow Drive with the existing north right-of-way line of said
Watauga Road;
(2) THENCE North 45 degrees. 0.4 minutes 11 seconds' West, with the southwesterly line of
said Lot 2 -R, with the east line of said 1,196 square foot tract of land;. and with the
existing east night-of-way line of said Rufe Snow Drive, a distance of 28.95 feet to the
reconstructed most northerly southwest comer of said Lot 2 -R;
Resolution No. 2012 -041
Page 3 of 9
Parcel No. 34
CSJ No.: 0902-48-830
Date: April 02, 2012
Exhibit A, Page 2 of 4 Pages
(3) THENCE North 00 degrees 02 minutes 02 seconds East, with the west line of said Lot 2-
R, with the cast line of said 1,196 square foot tract of land, and with the existing east
right-of-way line of said Rufe Snow Drive, a distance of 181.54 feet to an "X" cut in
concrete found for the northwest comer of said Lot 2-R, said "X" cut in concrete being an
exterior ell comer in the west line of said Lot 1 -R, said "X" cut in concrete being i n the
east line of a 1,443 square foot tract of land (by deed) and being farther described as
Parcel No. I Part 2 deeded to the City of North Richland Hills as recorded in Volume
15086, Page 416 of said Deed Records of Tarrant County, Texas;
(4) THENCE North 89 degrees.5.1 minutes 24 seconds East, with the north line of said Lot
2-R and with the west line of said. Lot 1-R, a distance of 12.21 feet to a R.O.W. marker
set for comer in the proposed east right-of-way line of said Rufe Snow Drive, said
R.O.W. marker being 55.00 feet right of and at right angles to centerline station
203+47,09 of the proposed centerline of said Rufe Snow Drive, fi - orn which an "X" cut in
concrete found for an exterior ell comer in the north line of said Lot 2-R bears North 89
degrees 51 minutes 24 seconds East, a distance of 15.27 feet, said "X" cut in concrete
also being an interior ell coiner in the west line of said Lot I -R;
(5) THENCE South 00 degrees 02 minutes 02 seconds West, with the proposed east right-
of-way line of said Rufe Snow Drive, a distance of 177.78 feet to a R.O.W. marker set for
comer;
(6) TIIE NCE South 45 degrees 03 minutes 55 seconds East, with the proposed east right-of-
way line of said Rufe Snow Drive, a distance of 34.25 feet to the POINT OF
BEGINNING, and containing 2. square feet or 0.059 acres of land, more or less.
Resolution No. 2012-041
Page 4 of 9
Parcel No. 34
CSd No.: 0902 -48 -830
Date: April 02, 2012
Exhibit A, 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 flan Coordinate System, NAD 83,
North Central Zone, utilizing TxDOT Virtual Reference System Network with a
surface factor of 1;00011
(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.
SURVEYED ON THE GROUND' December 18, 2008'
Z
Curtis Smith
Registered Professional. Land Surveyor
No. 5494 L <
• • t Ni:i
Resolution No. 2012 - 041.x," *y.,
Page 5 of 9
f PARCEL No. 2 _ __.._..�
( 670 So. FT. (BY DEED) LOT B, BLOCff 1
elrY of NORTH RICHLAND HILLS NORTH PARK PLAZA
VOLUME 14699, PAGE 136 4th SF.G'TION
y D.R.T.C.T, 1
35 ? YOLTIME 388-172, PACT" 100
d I _........._ _ P.R. T. C. T.
} PC 204+84,06
1
{
0
PARCEL No, 1 PART 2 I !
o I 1;443 50. FT, ( DEED) I 1
-.- CITY OF NORTH RICHLAND HILLS 1! {
0 0 VOLUME 15086, PAGE 416 1 X 1
8 a� I D.R.T.C;T: �
I
o ! i Z3 PART I W I LOT 1R
a 1-15.0' DRAINAGE
I EASEMENT I y 1 6Q 60
18 �
+ I I N 89`51'24 "E 12.21'`
I STA 203 +47.09 j - t i
55,DD R r I w I SCALE IN FEET
I :SET R.O.W: MARKER
1
Iol
FD 'X" CUT N CONCRETE ' ^ FN0 "X" CUT i � OCK 7YAZAQ a� of
f / IN CONCRETE
� MTpg �R c+ f3
EXISTING f "`' R r 4oR I .��+�,�r�� R �A� eC��0.
I��
RIGHT -OF -WAY J liX}' ljqE A Iq.T _ • '{ 14
I N$S
,p 00 ` N 85'51'24 "E
+Cf h 15.2T ------------
i L
LLJ
.- ;;; PROPOSED {
!' RIGHT -OF —WAY LOT 2 —R 1
FE I � " WINDWARD PARTNERS VII, L.P. 1
C1 VOLUME 17262, PAGE 131 F I
�? 34 VOLUME 15292, PAGE' 109 ILL
® z ( I D.RJ.C.T,
_o W PARCEL No, 5 ! a I i LOT 1 -
t j. O N 1096 SO, FT. (BY DEED) I w {
O i
CITY OF NORTH RIC`HLAND HILLS I, I
f N VOLUME 14186, .PAGE 5.3 ! N I
LL O D.R.T.C.T.
Y O r O I j
SE R:Q.W. MARKER PI STATION =205 +22:57 I z
c > Z DELTA =5'11 17.38' 1 v�
S 45 °03!55 "E DECREE OF CURVE = 6.44 26.45" ! I
TANGENT - 38,51 ! Ui I
34.25 LENGTH =76 97 1
STA201 +4513 RADIUS -850.0 0
R C 79.26 RT PC STATION _204 +84.06 j
SET R.O,W. MARKER PT STATION =205 +61.02 {
Rcc N 89
450$" 1 1 "W '5O'0 223.47' I RG6 R
� 4 _... G
J
28.95' WATAUGA ROAD EXISTING
( P.O.B. RIGHT
EXISTI
S 139'50'09"W PARCEL 34 (A 110:00' RIGHT -OF -WAY)
15.96
NOTES;
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 .r "` r LEGEND
CENTRAL ZONE, UTILIZING TXDOT VIRTUAL e� 'L i FENCE LINES —x—�—
REFERENCE SYSTEM NETWORK WITH A SURFACE
PROPOSED R.O.W. LINE—- -
FACTOR OF 1.00012. ! t { S 7 \ PROPERTY LINE r,
�f EXISTING FEATURES - - --
3, DISTANCES AND AREAS SHOWN HEREON ARE SURVEY LINE -^ —
SURFACE. PARCEL NUMBER 0
4. R.O.W. MARKERS ARE 5/8' IRON RODS WITH C �' r } �{ RECONSTRUCTED CORNER R�CC
BLUE GAPS STAMPED "GORRONDONA` UNLESS ' , x R.O.W. MARKER ti l
NOTED OTHERWISE, ✓fr ;•• r', 4 r
!�m COUNTY JOB
SURVEYED THE LIND DECEMBER 18, 2008 °" r PARCEL No. 34
• '"
WINDWARD PARTNERS VII, L.P. TARRAN'(' 83f!
w .
DATE: APRIL 02 0E S CSC: 0902 - 48 -930 AU,r swiw 0 W HIGHWAY No.
CURTIS SMITH, RPLS No. 5494 PAGE 4 OF 4 -AGES R.O.W. TAKING 2,551 5Q.Ff. OR 0,0559 AC,
Resolution No. 2012 -041
Page 6 of 9
Parcel No. 34 TE
CSJ'No.: 0902 -48 -830
Date: April. 02, 2012
Page 1 of 3 Pages
Being a 0.027 acre tract of land situated in the W. Mann Survey, Abstract No. 1010, City of
.North Richland Hills, Tarrant County, Texas, said 0.027 acre tract of land being out of Lot 2 -R,
Block 1, North Park. Plaza, an addition to the City of North Richland Hills, Tarrant County,
Texas as recorded in Cabinet A, Slide 8684 of the Plat Records of Tarrant County, Texas, said
Lot 2 -R being deeded by Jolaron lV Investments Joint Venture to Windward Partners VII., L.P.
by Warranty Deed dated October 2, 2003 as recorded in Volume 17262, Page 131 of the Deed
Records of 'Tarrant County; Texas and being deeded by North Park Plaza Associates, Ltd. to
Windward Partners V11, L.P. by Warranty Deed dated, November 1 -1, 2001 as recorded in
Volume 15292, Page 109 of said Deed Records of Tarrant County, Texas, said 0.027 acre tract of
land being more particularly described by metes and bounds as follows:
COMMENCING at a R.O.W. marker set for the intersection of the proposed east right -of -way
line of Rufe Snow Drive (a variable width right -of -way) with the:.existing north right -of -way line
of Watauga Road (a 110.00' right -of -way), said R.O.W. marker being in the south line of said
Lot 2 -R, said R.O.W. marker also being 79.26 feet right of and at right angles to centerline
station 20t+45.13 of the proposed centerline of .said Rufe Snow Drive, from which the
reconstructed southeast .comer of said Lot 2 -R bears North 89 degrees 50 minutes 09 seconds
East, a distance of 223.47 feet, said reconstructed corner being the most southerly southwest
comer of Lot 1. -R of said Block 1, said reconstructed corner also being in the existing north right -
of. -way line of said Rufe Snow Drive; THENCE North 45 degrees 03 minutes 55 seconds West,
with the proposed east right -of -way line of said Rufe Snow Drive, a distance of 18.01 feet to the
POINT OF BEGINNING;
(1) THENCE North 45 degrees 03 minutes 55 seconds West, with the proposed east right-
of-way line of said Rufe Snow Drive, a distance of 1.6.24 feet to a R.O.W. marker set for
corner, said R.O.W. marker being 55.00 feet right of and at right angles to centerline
station 201 +69.3`1 of the proposed centerline of said Rufe Snow Drive;
(2) THENCE North 00 degrees 02 minutes 02 seconds East, with the. proposed east right -of-
way line of said Rufe Snow Drive, a distance of 177.78 feet to a R.O.W. marker set for
corner in the north line of said Lot 2 -R, said R.O.W marker being in the west line of said
Lot 1 -R, said R.O.W. marker also being 55.00 feet right of and at right angles to
centerline station 203 +47.09 of the proposed centerline of said Rufe Snow Drive, from
which an "X" cut in concrete found for the northwest .corner of said Lot 2 -R bears South
89 degrees 51 minutes 24 seconds West, a .distance of 12.21 feet, said "X" cut in. concrete
being an exterior ell corner in the west line of said Lot 1 -R., said "X" cut in concrete
being in the east line of a 1,443 square foot tract of land (by deed) and being hirther
described as Parcel No.. I Part 2 deeded to the City of North Richland Hills as .recorded in
Volume 15086, Page 416 of said Deed Records of Tarrant County, Texas, said "X" cut in
concrete also being in the existing east right -of -way line of said Rufe Snow Drive;
EXHIBIT
Resolution No. 2012 -041
Page 7 of 9
Parcel No. 34 TE
CSJ No.; 0902 =48 -830
Date: April 02, 2012
- Page 2 of 3 Pages
(3) THENCE North 89 degrees 51 minutes 2.4 seconds East, with th e north line of said Lot
2 -R and with the west line of said Lot 1 -R, a distance of 5.00 feet to a point for. comer,
from which an "X" cut in concrete found for an exterior ell corner in the north line of said
Lot 2R bears North 89 degrees 51 minutes 24 seconds East, a:distance of 10.27 feet, said
"X" cut in concrete also being an interior ell corner in the west .line of said Lot 1 -R;
(4) T14ENCE South 00 degrees 02 minutes 02 seconds West, a distance of 144.10 feet to a
point. for corner;
(5) THENCE South 89 degrees 57 minutes 58 seconds .East, a distance of 6.50 feet to a point
for comer;
(6) THENCE South 00 degrees 02 minutes 02 seconds West, a distance of 45,15 feet to the
POINT OF 13LGINN.IN G, and containing 1,174 square feet or 0.027 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 fxDOT 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.
SURVEYED ON THE GROUND December 18, 2008
Curtis Smith
Registered Professional Land Surveyor f
�
No. 5494
Resolution No. 2012 -041
Page 8 of 9
PARCEL '.No. 2
670 S0. FT. (BY DEED) I � LOT 6, BLOCK 1
CITY OF NORTH RICHLAND HILLS i .NORTH PARK PLAZA.
VOLUME 14699, PAGE 135
35 D.R.T.C.T. T 4th SECTION
VOLUME _388 - PACE 100
s i P.R. T. C. T.
It
+ PC 204+84.6 t ` PI STATION =2D5 +22.57
a I 1 DELTA 5'11'17.38" , ���,$
z � � I 1.443
C SO.NFT. (B Y.DEED) j' � TANGEN OF CURVE = 8'4438.57p N� S�yRVE 1�
-- - -+•-- CITY OF NORTH RICHLAND HILLS 1 � I LENGTH = 7 6 . 9 7' �At y 0 1
VOLUME 15086, PACE 418 I I R A D I U S 8 50. 00' P'0 33 i D;R.T.C.7; I f PC STATION = 204+84.06�rtR
UCS I f o 1 PT 'STATION = 205+61.02 i�`
g z I P° 15. Ei1SEMENT GE {
cn I i�1
0.? If 1 LOT 1 -R r
a � STA 203 +47.09
0 55.00 RT 60 30 0 so
cv SET R.O.W. MARKER LINE TABLE
73 PART 1 I LINE BEARING DISTANCE
I L-•2 L -1 N 45'03'55`W 18.24
FND "X" CUT �, { FIND "X" CUT SCALE IN FEET L -2 N 83'51 24 "E I 5.00
IN �ONCRETE 1 IN CONCRETE 1 L- N 89'51 24 E 10.27 sr 58 R Y3
13L P LAZA $6$4 L-- 5 s 02 . 02 E 451
5 8 12.21 4"W 140p.TH Af SL
I ^ I J L -3 CA 13g4g P g.T.C•T'
Z 1 00 LOT 1 -R
ELI g o r 1
1
0I� h I f
EE I a I LOT 2--17 I
p I 34 TE WINDWARD PARTNERS VIE, L:P,
4 >r� VOLUME 17262, PAGE 131 1 6
VOLUME 15292, PAGE 109 i w
® 1 8L. N N D.R.T.C.T. 1 I
2' �_ ao I Q.
0 PARCEL No. 5 j
LE.� J 1,196 SO FT, .(BY DEED) 1 to
m �C L -4 CfTY OF NORTH R]CHLAND HILLS I
Z VOLUME 14186, PAGE 53 I 1
O.R.T.C.T. 1 z
[r > P.O. B.
< PARCEL 34 TE { 1
i! N 45'03 16:01'
34 STA 201+45.1,3
?9.26 RT 1 I
SET R.O.W. MARKER I i
N 89'50'09"E _ 22 1 1
P.O ' CC
SET R.O.W. MARKER "V r'ti/ WATAUGA ROAD EXISTING f
STA. 201+69.31 PARCEL 34 TE RIGHT -OF -WAY
(A 110,00` RIGHT -OF -WAY)
55.00' Rr
NOTES:
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" x _ FENCE LINS tt -
REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R:O.W, LINE
FACTOR OF 1.00012. 4, PROPERTY LINE R
t 5 ' EXISTING FEATURES
3. DISTANCES AND AREAS SHOWN HEREON ARE SURVEY LINE -
SURFACE PARCEL NUMBER
4; R.O.W. MARKERS ARE 5/8" IRON RODS WITH
RECONSTRUCTED CORNER RCC
BLUE CAPS STAMPED "GORRONDONA" UNLESS 'J 1 `" z yl� R.O.W. MARKER Q
NOTED OTHERWISE
SURVEYED 2dTHE GR F1ND DECEMBER 18, 2008 �� ; 1 STATE I DISTRICT C JAC.
PARCEL No, 34 TE T
WINDWARD PARTNERS VII, LP, H F S104 DATE- APRIL 02, 2012 CSJ. 0902 - 48 - 830
CURTIS SMITH, RPLS No. 5494 PAGE 3 OF 3' PAGES
t u
EASEMENT AREA 1,174 SQ.FT. OR 0,0
Resolution No. 2012 -041
Page 9 of 9