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HomeMy WebLinkAboutResolution 2012-043 RESOLUTION NO. 2012 -043 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, B, C and D 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, B, C and D 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, B, C and D 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 -043 Page 1 of 15 described in Exhibits A, B, C and D 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, The Vinnedge Building, 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 ORTH I LAND HILLS r By: dscartpKino, Mayor ATTEST: r ` r— Patricia Uts& , Clty Secretary A S TMO FO M AND LEGALITY: PP George A. Staples, dity Attorney Resolution No. 2012 -043 Page 2 of 15 Parcel No. 37 Part I CSJ No.; 0902-48-830 Date October 11, 2011 Exhibit A, Page I of 3 Pages Being a 0.025 acre tract of land situated in the W. Mann Survey, Abstract No. 1010, City of North Richland Hills, Tarrant County, Texas, said 0.025 acre tract of land being out of Lot 5, Block 1, Northpark Plaza, Phase 2, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388-I54, Page 23 of the Plat Records of Tarrant County, Texas, said Lot 5 being deeded by Vernon E. Rudd, Trustee of the Vernon E. Rudd Revocable Trust to The Vinnedge Building, L.P. by Warranty Deed dated May 6, 2003 as recorded in Volume 1.6735, Page 340 of the Deed Records of Tarrant County, Texas, said 0.025 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a Ply nail found for the northeast corner of Lot 6, Block 1, North Park Plaza, 4 1h Section, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388-172, Page 100 of said Plat Records of Tarrant Comity, Texas, said PK nail being an interior ell comer in the west line of Lot I-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 said Plat Records of Tarrant County, Texas; THENCE North 89 degrees 58 minutes 06 seconds West, with the north line of saidLot6 and with the west line of said Lot I-R, a distance of 139.19 feet to a R.O.W,, marker set for corner in the proposed east right-of-way line of Rufe Snow Drive (a variable width right-of-way),. said R.O.W. marker being the beginning of a non-tangent curve to the left having a radius of 905.00 feet, a central angle of 02 degrees 55 minutes I I seconds, and whose radius bears North 86 degrees 39 minutes .28 seconds West; THENCE with said non-tangent curve to the left and with the proposed east right-of-way line of said Rufe Snow Drive, an are length of 46.12 feet to a R.O.W. marker set for the POINT OF BEGINNING, said R.O.W.- marker being in the south line of said Lot 5, said R.O.W. marker being in the north line of said. Lot I -R,. said R.O.W. market being 55.00 feet right of and at fight angles to centerline station 206+32.23 of the proposed centerline of said Rufe Snow Drive; Z:� (1) THENCE South 89 degrees 50 minutes 09 seconds West, with the south line of said Lot 5 and with the north line of said Lot 1 -R,. a distance of 26.30 feet to a 518 inch iron rod with cap staml. "MS1 RPLS 1224" found for the southwest corner of said Lot 5, said 5/8 inch iron rod with cap stamped "MS1 RPLS 1224" being the northwest comer of said Lot, t-R, said 5/8 inch iron rod with cap stamped "MS1 RPLS 1224" being the southeast comer of a 0.7610 acre tract of land. (by deed) and being further described ;as Parcel No. 28 deeded to the City of North Richland Hills as recorded in Volume 7297, Page 2359 of said Deed Records of Tarr-ant County, Texas, said 5/8 inch iron rod with cap stamped "MS1 RPLS 1224" also being in the existing east right-of-way line of said Rufe Snow Drive; (2) THENCE North 00 degrees 03t minutes 13 seconds East, with the west line of said. Lot 5, with the cast line of said 0.7610. acre. tract of land, and with the existing east right-of-way line of said Rufe Snow. Drive, -a distance of 42.,00 feet to the reconstructed southwest comer of Lot 4 of said Block 1, Northpark Plaza, Phase 2, said reconstructed comer being an exterior ell comer in the west line of said Lot 5 Resolution No. 2012-043 Page 3 of 15 — --- - -------- Parcel No. 37 Part I CSJ No.: 090• -48-830 Date: October 11, 2011. Exhibit A, Page 1 of 3 Pages (3) THENCE North 89 degrees 51 minutes 28 seconds East, with the south line of said Lot 4 and with the west line of said Lot 5, a distance of 26.22 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 206+73.70 of the proposed centerline of said Rufe Snow Drive, fi-om which the reconstructed southeast corner of said Lot 4 bears North 89 degrees 51 minutes 28 seconds East, a distance of 98,78 feet, said reconstructed corner being an interior ell corner in the west line of said Lot 5; (4) THENCE South 00 degrees 06 minutes 32 seconds East, with the proposed east right-of- way line of said Rufe Snow Drive a distance of 33.60 feet to a R.O.W. marker set for the beginning of a curve to the right having, a radius of 905.00 feet, a central angle of 00 degrees 31 minutes 53 seconds, and whose radius bears South. 89 degrees 53 minutes 28 seconds West; (5) THENCE with said curve to the right and with the proposed east right-of-way line of said Rufe Snow Drive, an are length of 8.39 feet to the .PQ INN OF BEGINNING, and containing 1,103 square feet or 0.025 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 1.000 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. SURVEYED ON THE GROUND December 18, 2008 Curtis Smith Registered Professional Land Surveyor No. 5494 Resolution No. 2012-043 Page 4 of 15 v I CURVE TABLE o rr/r+} t r CURVE - DELTA RADIUS ARC o x LOT J C 1 02 55 985.30' 46. t 2' w I I C -2 I 00 3153 .905.99' 8.39' o nv` 37 PA LINE TABLE U n r NE { BEARING OtSTAtiCE U a N r w !� R— L -1 S 89 50'N 2630 a�W PI STATION -206+00.59 L 2 N 0003'13'E 42.0O CL Q DELTA 5'19 SO 73" I3 _N B9b }`28 "E 26, 2 o DEGREE OF CURVE =fi 44 26 45 L 0006'32 "E 33,C9' o - tit TANGENT - 39.57' r z LENGTH = 79.08' _ n 8V) RADIUS =85.0.0.0' o PC STATION =205 +81.02 w 'x Of PT STATION - 206+40.11 z r 0 ` @ RIGHT -OF -WAY 13LO ,V9.+�' F- I RIGHTI EX ISTIN G ` LOT 4 A R oo 2 `3 I, F- $ too JJAS1 4r A z N M 20s +73 t� �M� 38 8— :. 4 3 I SLT R O.W MARKER � s j?' r'�'� LLI CtiJ-j 0 R L RCC. H141;S R �'98.78 LL l 37 PART 1 �' j SEf R.O.W. MARKER LOT 5 r:ADIAL BEARING THE VINNEDGE BUILDING, L.P. PT 206 +40.11 v`.. S 89 8328w VOLUME 16735, PAGE 340 r t:is?:<;,;r: C -2 D.R T.C.T, FND 5/8 "IRON ROD W /CAP L-1 SET R.O.W. MARKER LOT I —R .I STA t ;61 STAMPED "MSI RPLS 1224 _ SsoaRRT Bb���K P�A8�Q4 t�� 34 PART 2 0 (,ID 1" '1 P.O. tT 33 CAI3INE P.R•T'C- P C 37 V_ PART 1 PART 1 I N 89'58'06"W 139.19 { 1 FND PK NAIL FRkN ING W LOT 6 a MARKER PR C Z. _ - 0 5 +61 02 - D z � 35 IaiAY NaRT gFCt E 1 00 FL z N oo aLjjm T ,+ o EL No. 2 �' f. (BY DEED) CITY F, NORH. RICHLAND HILLS. VOLUME 14699, PAGE 136' 40 20 0 40 D.R.T.C.T. _ NOTES: I " i 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE SCALE IN FEET 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 LINES —x— REFERENCE SYSTEM NETWORK WITH A.SURFACE o < r; ,, PROPOSED R.O.W, LINE p FACTOR OF 1.90012. 4 PROPERTY LINE Pt > EXISTING FEATURES 3. DISTANCES AND AREAS SHOWN HEREON ARE SURVEY LINE SURFACE. _ PARCEL NUMBER 4. R.O.W. MARKERS ARE 5 J8' IRON RODS WI1H RECONSTRUCTED CORNER RCC BLUE CAPS STAMPED 'GORRONDONA" UNLESS �..t d R.O.W. MARKER 0 NOTED OTHERWISE. ^ ' 1 SJTATE DISTRICT CO UNIY JOB SURVEYED OC HE GROUNd DECEMBER 18, 2008 v PARCEL No. 37 PART 1 r a;' TEXAS 2 TARRANT 830 ....,._..,_._ z THE VINNEDGE BUILDING, L.P. HtGHWAY N DA'I'S OCTOBER i'1, 2011 Icsj Dso2 48 -830 RuFE SNOW 98 CURTIS SMITH, RPLS No. 5494 PAGE 3 OF 3 PAGES R.OaW. TAKING 1.103 SO -FT. OR 0.025, AC. Resolution No. 2012 -043 Page 5 of 15 Parcel No. 37 TE Part I CSJ No.: 0902 -48 -830 Date: March 8, 2012 Page 1.of 4 Pages Being a 0.005 acre tract of land situated in the W. Mann Survey, Abstract No. 101.0, City of North Richland Hills, Tarrant County, Texas, said 0.005 acre tract of land being out of Lot 5, Block 1, Northpark Plaza, Phase 2, an addition to the City of 'North Richland Hills, Tarrant County, Texas as recorded in Volume 388 -154, Page 23 of the Plat Records of Tarrant. County, Texas, said Lot 5 being deeded by Vernon E. Rudd, Trustee of the Vernon E. Rudd Revocable. Trust to The Vinnedge Building, L.P. by Warranty Deed dated May 6, 2003 as recorded in Volume 16735, Page 340 of the Deed Records of Tarrant County, Texas, said 0.005 acre tract of. land being more particularly described by metes and bounds as follows: COMMENCING at a PK nail found for the northeast comer of Lot 6, Block 1, North Park Plaza, 0 Section, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 398 -172, Page 100 of said Plat Records of Tarrant County, Texas, said PIC nail being an interior ell corner in the west line of Lot 1 -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 said Plat Records of Tarrant County, Texas; THENCE North 89 degrees 58 minutes 06 seconds West, with the north line of said Lot 6 and with the west line of said Lot 1 -R, a distance of 139.19 feet to a R.O.W. marker set for comer in the proposed cast right-of -way line of Rufe Snow Drive (a variable width right -of -way), said R,O.W, marker being the beginning of a non - tangent curve to the left having a radius of 905.00 feet, a central angle of 02 degrees 55 minutes I seconds, and whose radius bears North 86 degrees 39 minutes 28 seconds West; THENCE with said non - tangent curve to the left and with the proposed east right -of -way line of said Rufe Snow Drive, an arc length of 46.12 feet to a R.O.W. marker set for the POINT OF BEGINNING, said R.O.W. marker being in the south line of said Lot 5, said R.O.W. marker being in the north line of said Lot I -R, said R.O.W. marker being 55.00 feet right of and at right angles to centerline station 206 +32.23 of the proposed centerline of said Rufe Snow Drive, said R.O.W.. marker also being the beginning; of a curve to the left having a radius of 905:00 feet, a central angle of 00' degrees 31 minutes. 53 seconds, and whose radius bears North 89 degrees 53 minutes 28 seconds West, from which a 5/8 inch iron rod with cap stamped "MSI RPLS 1224" found for the southwest comer of said Lot 5 bears South 89 degrees 50 minutes 09 seconds West, a distance of 2630 feet, said 518 inch iron rod with cap stamped "MST RPLS 1224" being the northwest corner of said Lot I =R, said 518 inch iron rod with cap stamped "MSI RPLS 1224" being the southeast comer of a 0.7610 acre tract of land. (by deed) and being further described as Parcel No. 28 deeded to the City of North Richland Hills as recorded in Volume 7297, Page 2359 of said Deed .Records of Tarrant County, Texas, said 5/8 inch iron rod: with cap stamped "MSI RPLS 1224" also being in the existing east right -of -way line of said Rufe Snow Drive; (1) THENCE with said curve to the left and with the proposed east right-of-way line of said Rufle Snow Drive, an arc length of 839 feet to a R.O.W. marker set for corner; EXHIBIT a a 9 Resolution No. 2012 -043 Page 6 of 15 Parcel No. 37 TE Part 1 CSJ No.: 0902 -48 -830 Date:'Mareh 8, 2012 - Page 2 of 4 Pages (2) THENCE North 00 degrees 06 minutes 32 seconds West, with the proposed east right- of-way line of said Rufe Snow.Drive, a distance of 33;60 feet to a R.O.W. marker set for comer in the west line of said Lot 5, said R.O.W. marker being in the south line of Lot-4 of said Block 1, Northpark Plaza, Phase 2 said R.O.W. marker being 55.00 feet right of and at :right angles to centerline station 206 +73.70 of the proposed centerline of said Rufe Snow Drive; (3) THENCE North 89 degrees 51 minutes 28 seconds East, with the west line of said Lot 5 and with the south line of said Lot 4., a distance of 5.00 feet to a point for corner, from which the reconstructed southeast comer of said Lot 4 bears North 89 degees 51 minutes 28 seconds East, a distance of 93,78 feet, said reconstructed corner being an interior ell corner in the west line of said Lot 5; (4) THENCE South 00 degrees 06 minutes 32 seconds East, a distance of 33,60 feet to a point for the beginning of a curve to the right having a radius of 910.00 feet a central angle of 00 degrees 31 minutes 41 seconds and whose radius bears South 89 degrees 53 minutes 28 seconds West; (5) THENCE with said curve to the right, an arc length of 8.39 feet to a point for conger in the south line of said Lot 5, said point being in the north line of said Lot 1 -R; (6) THENCE South 89 degrees 50 minutes 09 "seconds West, with the south line of said Lot 5 and with the north line of said Lot l -R, a distance of 5.00 feet to the POINT OF BEGINNING, and containing 210 square feet or 0.005 acres of land, more or less. Resolution No. 2012 -043 Page 7 of 15 Parcel No. 37 TE. Part 1 CSJ No.: 0902 -48 -830' Dated March 8, 2012 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 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. Markers are 5/8 inch iron rods with blue caps stamped "Gorrondona ", unless noted otherwise. SURVEYED O�N�Ti1E GROUND December 18,.2008' Curtis Smith Registered Professional. Land Surveyor No, 5494 C ,1tTC �;;4fT1+ lg i t , z ' *4,-,, ..� E.1 fii` , p" Resolution No. 2012 -043 Page 8 of 15 N CURVE'. TABLE CURVE DELTA RADIUS — ARC .LOT s C -1 — DZ•5' S 9os.DD 46.12 w I d C -2 00'31 905.00 8,39 � C- 003141 .910.00 d LIN LINE B E 7 a ^ d EARING 1 777 PI STATION` X206 +00.59 L -1 S 89' D`09 28.30 .30' a oZ I DELTA- = 5'1950.73 L -2 N 00'0632 33.60 G' 1 DEGREE OF CURVE =6 L -3 N 89'51 28 5.00 o II TANGENT - 39.57' L -4 S 04 33. LENGTH - 79.08' I L -5 S 89 5.(X1 RADIUS +e 50.0.0' } I o PC STATION - 205 +81.02 Q PT STATION 206 +40.11 Uj PROPOSED O I o `� 36 RIGHT-OF-WAY a L p CK � O 2 RIGFti OF WAY ' O LOT 4 �rORT PRASE PAGE 23 4 STA 206 +73.7n 388-rf C.T, yE'� z 0' I KER V�LU PAR MPNN. SaR10AO LL I R IEB'E 93.76' \ �RCC p CYCpp10 H�L CC 37 PART 1 -- C4 ? 37 TE PART 1 ' \\ \\ v' SET RD W E _J J. \ \ _ RADIAL BE46RONo THE VINNEEDGE BUILDING, L.P. PT 206 +40.11 RADIAL B C NG s a9 326 VOLUME 16735,. PAGE -340 `\ N893439 -; C -3 — D.R.T.C.T. \ \ FND 5/8 IRON. ROD W /CAP L-0 LOT 1 -$ °t1 STAMPED 'MSI RPLS 122 SET R.O.W. MARKER I po l L STA 208+32,23 gLoC pyA 4 I 1 Z 73 PART 2 ci 55.00 Rr NORTT A A S CITE g6P.�.C. i P•O. B. CARi F.P. T EL 37 TE 1 !� PARCEL 37 TE PAU i RT PA 1 N 5128'08'W R 39 pK NAIL ' RADIAL BEARING — ..._ 1 R.O. 8 SET R.O. MARKER LOT 6 � PRC 205 +81.02 � PROPOSED B)•,OCICK) P ZA DER 35 RIGHT -OF -WAY ORTS PE T I GE T00 rid N 4th S 172, PA 6 0 z v VO LTO S � R• T.C•T' U PARCEL No. 2 I. 670 SO. FT_. (B( DEED) -CITY OF NORTH RICHLAND HILLS VOLUME 14699, PAGE 136 40 20 0 40 D.R.T.C.T. NOTES: 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE SCALE. IN FEET .HEREWITH ACCOMPANIES THIS PLAT. 2. BEARINGS ARE REFERENCED TO - THE TEXAS STATE LEGEND PLANE COORDINATE SYSTEM, NAD 83 NORTHi.� CENTRAL ZONE, UTILIZING TXDOT VW47M ` z ,,,, FENCE LINES —*—k -- REFERENCE SYSTEM NETWORK WITH A SURFACE I i,+ �"�. ^;). PROPOSED R'O.W. LINE. .FACTOR OF 1.00012. i �. T 11 "il PROPERTY LINE —^-.— �+ t� L EXISTING FEATURES 3. DISTANCES AND AREAS SHOWN HEREON ARE / n p XI' < SURVEY LINE ^ SURFACE. r' PARCEL NUMBER 4. RO.W. MARKERS ARE S /B' IRON RODS. WITH `+ / •• I a d [ III RECONSTRUCTED CORNER. RCC %s D t 1 # a P.O.W. MARKER BLUE CAWS STAMPED 'GORRONDONA' UNLESS t NOTED OTHERWISE. SURVEYED O�E ORO 0 DECEMBER 18. 2008 DATE MAR - STATE DISTRICT COUNTY JO r x 2 PARCEL No. 37 TE 'PART 1 TARRANr 834 =:a' CH s r` .8 , 20 CSJ: 0902 -4B -8 30 RUFE SNDN mic THE VINNEDCE BUILDING, 4.P, HIGHWAY No. 12 CURTIS SMITH, RPLS No. 5494 PAGE 4 OF 4 PAGES EASEMENT AREA 21C SQ.FT. QR O.00B AC. Resolution No. 2012 -043 Page 9 of 15 Parcel No. 37 Part 2 CSJ No. :. 0902 -48 -830 Date: October 11, 2011 Page 1 of 3 Pages Being a 0,049 acre tract of land situated in the W. Mann Sunrey, Abstract No. 1010, City of North Richland Hills, Tarrant County, Texas, said 0.049 acre tract of land being out of Lot :5, Block 1, Northpark. Plaza, Phase 2,, an addition to the City of North Richland Hills,. Tarrant County, Texas as recorded in'Volume 388 -154, Page 23 of the Plat Records of Tarrant County, Texas, said Lot 5 being deeded by Vernon E. Rudd, Trustee of the Vernon E. Rudd Revocable Trust to The Vinnedge Building, L.P.. by Warranty Deed dated May 6, 2003 as recorded in Volume 16735, Page 340 of the Deed Records of Tarrant County,.Texas; said 0.049 acre tract of land being:more particularly described by metes and bounds as follows: BEGINNING at a R.O.W. marker set for corner in the proposed east right -of -way line of Rufe Snow Drive (a variable width right -of- way), said R.O.W. marker being in the west line of said. Lot 5, said R.O.W. marker being in the north line of Lot 4 of said Block 1, said R.O.W. marker being 55.00 feet right of and at right angles to centerline station 207 +67.70 of the proposed centerline of said Rufe Snow Drive, from which the reconstructed northeast comer of said Lot 4 bears North 89 degrees 51 minutes 28 seconds East, a distance of 99.05 feet, said reconstructed corner being an interior ell corner in the west line of said Lot 5 (1.) THENCE South 99 degrees 51 minutes 28 seconds West, with the .west line of said Lot, 5 and with the north line of said Lot 4, a distance of 25.95 feet. to the reconstructed northwest corner of said Lot 4, said reconstructed corner being an exterior ell corner in the west line of said Lot 5 said reconstructed corner being in the east line.. of a 0.7610 acre tract of land (by deed) and being further described as Parcel No. 28 deeded to the City of North Richland Hills as recorded in Volume 7297, Page 2359 of said Deed Records of Tarrant County, Texas, said reconstructed corner being in the existing east right-of-way line of said Rufe :Snow Drive,. from which a 5/8 inch iron rod with cap stamped "MSI RPLS 1224" found for the southwest corner of said Lot 5 bears; South 00 degrees 03 'minutes 13 seconds Vilest, a distance of. .136.0.0 feet, said 5/8 inch iron rod with cap stamped. "MSI RPLS 1224" being the northwest corner of Lot 1 -R; Block 1, North Park Plaza, 4 Section, an addition to the City of North Richland. Hills, Tarrant County, Texas as recorded in Volume 388 -172, Page 100 of said Plat Records of Tarrant County, Texas;, said 5/8 inch iron rod with: cap stamped "MSI RPLS 1224 "' Being the southeast comer of said 0.7610 acre tract of land, said 5/8 inch iron rod with cap stamped "MSI RPLS 1224" also being in the existing eas# right-of-way line of said Rufe Snow Drive; (2)- THENCE ;North 00 degrees 03 minutes 13 seconds East, with the west.line of said Lot 5 with :the east line of said 0.7610 acre tract of land,. and with the existing east right -of -way line of said Rufe Snow. Drive, a .distance of 81.82 feet to the,reconstructed northwest corner of said Lot 5, said reconstructed corner being and interior ell comer in the existing east right- of- way.line of said Rufe Snow Drive, said reconstructed. corner ;also being the southwest corner of a 20.0' right -of way dedication as recorded in Cabine.tA, Slide. 1316 of said Plat records of Tarrant. County Texas, from which a.3/4 inch iron rod found for reference bears North 03: degrees 57 minutes 30 seconds Wcst, a distance of 0.78 feet; EXHIBIT Resolution No. 2012 -043 Page 10 of 15 Parcel No. 37 Part 2 CSJ No.: 0902 48 -830 Date: October 11, 2011 Page 2 of 3 Pages (3) THENCE South 89 degrees 56 minutes 47 seconds East, with the north line of said Lot 5, with the existing east right-of-way line of said Rufe Snow Drive and with the south line of said 20.0' right -of -way dedication, passing at a distance of 20.00 feet, the reconstructed southwest comer of Lot 7 „Block 1, Northpark Plaza, Phase 2, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded. in Cabinet .A Slide 1316 of said Plat Records of Tarrant County, Texas, said reconstructed corner being an exterior ell corner in the existing east right -of -way line of said Rufe Snow Drive said reconstructed corner also being the southeast corner of said 20.0' right- of- waydedication, in all, a distance of 25.72 feet: to a R.O.W. marker set for corner 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 208 +49.44 of the proposed centerline of said Rufe Snow Drive; (4) THENCE South 00 degrees 06 minutes 32 seconds East, with the proposed east right -of- way line of said Rufe Snow Drive, a distance of 81,73 feet to the POINT OF BEGINNING, and containing 2,113 square feet or 0.049 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. 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�� q , No. 5494' CUR r Resolution No. 2012 -043 Y ° <" Page 11 of 15 I 1 LOT 7 KOC K 2 ZA 20:0' R.O.W. DEDICATION 3B p 16 CABINET A, SLIDE 1316 S 89'56'47 "E Nag FO SS T•C•T LIOE P.R.T.C.T 73 �� . o� 25.72 Ar I I EXISTING PASSING A RCC CAg; g.• RIGHT —OF —WAY PASSING 20 i' FROM WHICH A ---- - - - - -- - ------ ----- -- - ---- -- - - - � 9 3/4 IRON ROD FND FOR 7.5' UTIL ITY EASEMENT REFERENCE BEARS RCC —R— —R — N OX57'30"W 0.75' SET R.O.W. MARKER STA 208 +49.44 cq h 55.00 RT 37 PART 2 LaT 5 ¢, W THE VINNEDGE BUILDING, LP. o i7� 's N STA 207 +67.70 VOLUME 16735, PAGE 340 o i. io 55.00 RT D.R.T.C.T. E� F Z a o t a SET R.O.W. MARKER pNN SuR 1010 0: P.O.B. N4. M No. O Z PAL27 ABS NH LLS ! g RCC N B9 51 28 "E R— 99.05' RCC C�,CN,PiQ w [ W co S 89 Q 25.95' xPAR P 2 3 PROPOSED NORT �jJ� SE pAGF �Q. ° o RIGHT -OF –WAY p+" 1 54, Is " c. p- UME 38 R- T - LOT 4 w 0 N ro °z z o >g'; + Z V) E C1 N J W n. z .� U- 0 o —R- 0 0 EXISTING rn 40 20 0 40 RIGHT. OF —WAY - �.r 37 PART 1 LOT $ � PT 206 +40x SCALE IN FEET — R —R— - —R — —R`— FNO 5/8 "IRON ROD. W /CAP STAMPED "MST RPLS 1224" LOT f —R �LDf✓It 1 pj'AzA �, 34 PART 2 NORTH S�CT1014 too 4th 8 _172, NoTFS: � VOLUME 3 T•C`T• 1. A LEGAL RESCRIFnoN OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT.. 2. BEARINGS ARE.REFERENCED TO THE.TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83 NORTH sw ;w LEGEND CENTRAL 20NE, UTILIZING. TXROT VIRTUAL > �, FENCE LINES —— REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.O.W. LINE FACTOR OF 1.00012. t , *: J ' PROPERTY LINE —� d za x EXISTING FEATURES 3. DISTANCES AND AREAS SHOWN HEREON ARE SURVEY LINE -- -- SURFACE 4 PARCEL NUMBER O 4. R.O.W. MARKERS ARE 5 /8 IRON RODS WITH RECONSTRUCTED CORNER RCC ti R.O.W. MARKER NA" BLUE CAPS STAMPED - GORRONDO UNLESS w O NOTED OTHERWISE. s SURVEYED QNp fI1E GR O DECEMBER 18. 2008 f %, x STATE O15fRICT COUNTY .JOB } = EXAS z PARCEL No 37 PART 2 TARRANT 530 THE VINNEDGE BUILDING, LP. HIGHWAY Na. DATE: OCTOBER 11, :201 t cs t: o9o2– a5 -sa0 Ru�E. stmw DRK CURTIS SMITH, RPLS No. 5494 PAGE 3 OF 3 PAGES R.O.W. TAKING 2,113 SQ.FT, OR 0.049 AC. Resolution No. 2012 -043 Page 12 of 15 Parcel No. 37 TE Part 2 CSJ No.: 0902 - 40130 Date: March 8, 2012 . Page 1 of 3 Pages Being a 0.009 acre tract of land situated in the W. Mann Survey; Abstract No. 1010 City of North Richland Hills, Tarrant County Texas, said 0.009 acre tract of land being out of Lot 5, Block 1, Northpark Plaza, Phase 2, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 3884`54, Page 23 of the Plat Records of Tarrant. County, Texas, said Lot 5 being, deeded by Vernon. E. Rudd, Trustee of the: Vernon E. Rudd Revocable Trust to The Vinnedge Building, LP. by Warranty Deed dated May 6, 200.3 as recorded in Volume 16735, Page 340 of the Deed Records of Tarrant County, Texas, said 0.009 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at the reconstructed northwest corner of said Lot 5, said reconstructed comer being in the east line of a. 0.7610 acre tract of land (by deed) and being further described as Parcel No. 28 deeded to the City of North Richland Hills as recorded in Volume 7297, Page 2359 of said Deed Records of Tarrant County, Texas, said reconstructed corner `being the southwest comer of a 20.0' right -of -way dedication as recorded in Cabinet A, Slide 1316 of said Plat Records of Tarrant County,. Texas, said reconstructed comer also being an interior ell confer in the existing east right -of -way line of Rufe Snow Drive (a variable width right -of- way), from which a 3/4 inch iron rod found for reference. bears North 03 degrees 57 minutes 30 seconds West, a distance of 0.78 feet, and. from which a 5/8 .inch iron rod with cap stamped "MS1 RPLS 122T' found for the southwest corner of said 'Lot 5 bears South 00 degrees 03 minutes 13 seconds West, a distance of 217.82 feet, said 5/8 inch iron rod with cap stamped "MS1 RPLS 1224" being the northwest corner of Lot 1 -R, Block 1, North Park Plaza, 4' Section, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388 -172, Page 100 of said Plat Records of Tarrant County, Texas, said 5/8 inch iron rod with cap stamped "MS1 RPLS 1224" being the southeast corner of said 0.7610 acre tract of land, said 5/8 inch iron rod with cap stamped "MS1 RPLS 1224 also being in the existing east right -of -way line of said Rufe Snow Drive; THENCE South 89 degrees 56 minutes 47 seconds East, with the north line of said Lot 5, with the south line of said. 20.0' right- of- Way.dedication and with the existing east right-of-way line of said Rufe Snow Drive, passing at a.distarice of 20.00 feet, the reconstructed southwest corner of Lot 7, Block 1, Northpark Plaza, Phase.2, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Cabinet A, Slide 1316 of said Plat Records .of Tarrant: County, Texas, said reconstructed comer being the southeast corner of said 20.0' right of -way dedication, said reconstructed corner also being an exterior ell corner in the existing bast right -of -way line of said Rufe Snow Drive, in all, a. distance of 25.72 feet to a R.O.W. marker set for the POINT OF BEGINNING,.said R.O.W. marker being 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 208 +49.44 of the proposed centerline of said Rufe Snow Drive;. (1) THENCE South 89 degrees 56 minutes 47 seconds East, with the north line of said Lot 5 and with the south line of said Lot 7, a distance of 5.00 feet to a point for corner; EXHIBIT oD b a Resolution No. 2012 -043 Page 13 of 15 Parcel No. 37 TE Part 2 CSJ No.: 090248 -830 Date: March S, 2012 Page 2 of Pages (2) THENCE South 00 degrees 06 minutes 32 seconds Bast, a distance of 81.71 feet to a point for corner in the west line of said Lot 5, said point being in the north line of Lot 4 of said Block 1, Northpark Plaza, Phase 2 as recorded in Volume 388 -154, Page 23 of said Plat Records of Tarrant County, Texas, from which the reconstructed northeast comer of said Lot 4 bears North 89 degrees 51 minutes 28 seconds East, a distance of 94.05 feet, said reconstructed corner being an interior ell comer in the west line of said Lot 5; (3) THENCE South 89 degrees 51 minutes 28 seconds West, with the west line of said Lot 5 and with the north line of said Lot 4, a distance of 5.00 feet to a R.O.W, marker set for corner 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 207 +67.70 of the proposed centerline of said. Rufe Snow Drive; (4) THENCE. North 00 degrees 06 minutes 32 seconds West, with the proposed east right - of -way line of said Rufe Snow Drive, a distance of 81.73 feet to the POINT OF BEGINNING, and containing 409 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 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. SURVEYED ON TIME GROUND December 18, 2008 Registered Professional Land Surveyor fE1�c No. 5494 - "' fir CURT15 StlITH f �)j Resolution No. 2012 -043 Page 14 of 15 EXNO ' 38 RIGHT 0 WAY 13 LOCIC I p LAZA 2DA R.O.W. DEDICATION STA 108 +49.44 1409 T Hpp' S:. 2 E 16 CABINET A, SUOE 1310 55.00 RT LOT 7 - 13 P.R:T.c.T. P SF SEI' R.O .W. MARKER InoM'wHCH PASSIN2 cc S 8958'47 "E CAIiIN P R,T.C•T IRON ROD FNO FOR -- 5,00- --------------- °_- - - - - -- f -i REFERENCE BEARS �` 7.5 UTI EASEMENT AT N OT5730'W 0.78' RCC L -1 " - — —R — p,0,�, 'I' UNE TABLE PARCEL 37 lE UNE SEARING DISTANCE PARE 2 L -1 S. 8P$5 47 25.72 P,p,g, a °4 37 TE PART 2 .4 PARCEL 37 TE ii }al LOT 5 3 PART 2 r 1v TH6 VINNEDGE BUILDING, L.P. W I `� '" h VOLUME 16735, PAGE 340 o I m `� ; c D.R.T.C.T. EE VRV' { W N K I.ii `.I • C� s .� N� p � � �( a � �; � `1, MA �yo• ° N z( � A 85'SR� p f N µ1 D I N B9'S1'28"E R 94.05' RGD tikC", S BW51'28'W U I ff 5.00' S OCK P LA ZA 4 IN I RIGHT-OF-WAY OF- -WAY SE SRO.W..MARKER OSTK E GE 23 y � STA 207 +67.70 N P 3 54 pA " I LOT 4 VOL )JE 38 T.c M PROPOSED RIGHT -OF -WAY z�pao 0 " da��O a az5 —R— o � I EXLSTING 40 20 0 40 III 01-WAY 3T PART 1 LOT 5 PT 206 +40.11 SCALE IN FEET FND 5/8 "IRON ROD W /CAP .STAMPED "MSI RPLS 1224" LOT I - OCI( R 73 PART 2 Iq 4 hL SEC f'.4cE 1p0 NOTES: I VOLUME 38 - •T•C.T' I. A LEGAL. DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT.. 2.. BEARINGS ARE REFERENCED. TO THE TEXAS STATE LEGEND PLANE COORDINATE SYSTEM, HAD 83 NORTH CENTRAL ZONE, UTIUZING TXOOT VIRNAL f _ FENCE LINES -- k--it- REFERENCE SYSTEM NETWORK WITH A SURFACE si Jc PROPOSED R.O.W. LINE FACTOR OF 1.00012, �; \- I PROPERTY LINE — Y EXISTING FEATURES — "-- 3. DISTANCES AND AREAS SHOWN HEREON ARE '~ "' �h„I �; SURVEY LINE SURFACE; - PARCEL NUMBER. RECONSTRUCTED CORNER ROC 4. R.O.W. MARKERS ARE 5/8" IRON RODS WITH -' "' '�^ R.O.W. MARKER Qi BLUE CAPS. STAMPED 'GORRONDOW UNLESS �.." Y NOTED OTHERWISE JO STATE DISTRICT COUNTY B SURVEYED / .THE CRD D DeceMeER.16; 2D0e ; " % I„ � Y _ PARCEL No, 37 TE PART 2 TARRANr 1 830 THE VINNEDGE BUILDING, L.P. HIGHWAY No. DATE. MARCH 8, 2012 CSC: 0902 -48 -830 RUFE SNOW DRIVE CURTIS SMffli, RPLS No. 5494 PAGE 3 OF 3 PAGES EASEMENT AREA 409 SOFT. OR 0.009 AC. Resolution No. 2012 -043 Page 15 of 15