HomeMy WebLinkAboutResolution 2012-042 RESOLUTION NO. 2012 -042
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 -042
Page 1 of 9
i
i
i
i
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, Burger Street, 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.
R;y. CITY RTH LAND HILLS
By.
t „ m Oscar T vino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPRI =TO AND LEGALITY:
George A. Staple City Attorney
Resolution No. 2012 -042
Page 2 of 9
Parcel No. 36
CSJ No.: 090248-830
Date: October 06,2011
Exhibit A, Page I of 4 Pages
-- --- ------ - -----
Beino a 0.056 56 acre tract of land situated in the W. Mann Survey, Abstract No. 1010, City of
North Richland Hills, Tarrant Cqunty Texas, said 0.056 acre tract of land being out of Lot 4,
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 4 being deeded by Noithpark Plaza 11 Partners, Ltd. to Burger Street, Inc. by
Warranty Deed dated September 10; 1985 as recorded in Volume 8304, Page 2201 of the Deed
Records of Tarrant County, Texas, said 0.056 acre tract. of land being more particularly described
by metes and, bounds as follows,
COMMENCING at the reconstructed northwest comer of Lot 5 of said Block 1, 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... 29 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
comer being 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 a radial bearing of North 03
degrees 57 minutes 30 seconds West, a4istance of 0.78 feet, THENCE South 89 degrees 56
minutes 47 seconds East, with the north line of said Lot 5, a distance of 25.72 feet to a R.O.W.
marker set for comer in. the proposed east right-of-way: line of said Rafe Snow Drive, said
R,O.W. marker being in the south line of Lot 7, Block 1, Nortlipark 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; THENCE South 00 degrees 06 minutes 32
seconds East, with the proposed: east right-af-way line of said Rufe Snow Drive, a distance of
81.73 feet to a R.O.W. marker set: or the POINT OF BEGINNING,. said RAW, marker being
in the north line of said Lot 4, said R.O.W. marker being in a south line of said Lot 5, 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;
(1) 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 94.00. feet to a R.O.W. marker set for
comer in the south line of said.Lot 4, said. R.O.W. marker being in anorth.line of said Lot
5, said; R.O.W. marker being 55.00 feet right of and at tight angles to centerline station
206+73.70 of the proposed centerline of said Rufe Snow Drive;
Resolution No. 2012-042
Page 3 of 9
Parcel No. 36
CS:I No.: 0902 -48 -830
Date. October 06, 2011
Exhibit A, Page 2 of 4 Pages
(2.) THENCE South: 89 degrees 5I minutes 28 seconds West, with the south line of said Lot
4 and with a north line of said Lot 5, a distance of 26.22 feet to the reconstructed
southwest comer 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 said 0.7610
acre tract of land, said reconstructed corner being in the existing east right-of-way line of
said Rufe :Snow Uriv®;: from which. a 5/8 inch: iron rod with cap stamped "MS1 RPLS
1224" found for the southwest corner of said Lot 5 bears South 00 degrees 03 minutes 13
seconds West, a .distance of 42:.00 feet said 5/8 inch iron rod with cap stamped "MSI
RPLS 1224" being the northwest corner of Lot I -R, :Block 1, North Park Plaza, an
addition to the City of North Richland Hills, Tat County, Texas as recorded in
Cabinet A, Slide 8684 of said :Plat Records of Tarrant County, Texas,. said 5/8 inch iron
rod with cap stamped "MSI RPLS 1224" being the southeast coiner of said 0.7610 acre
tract of land, said .5/8 inch iron rod with cap stamped "MST RPLS 1224" also being in the
existing east right -of -way line of said .Rufe Snow Drive,
(3) THENCE. North:00 degrees 03 minutes 13 seconds East, with the west line of said Lot 4,
with the east, line. of said 0.7610 acre tract. of land, and with the existing east right- of-way
line of said Rafe Snow Drive, a. distance of 94;00 feet to the reconstructed northwest .
corner of.said'Lot 4, said reconstructed corder being an exterior ell. corner in thevest line
of said Lot 5;
4
() THENCE North 89 degrees 51 minutes 28 seconds East with the north line of said
Lot 4
and with a south line of said Lot 5, a distance of 25,95 feet to the POINT' OF
(BEGINNING, and containing 2,452 square feet or .0.056 acres of land, more or less.
Resolution No. 2012 -042
Page 4 of 9
Parcel No. 36
CSJ No.: 0902-48-830
Date: October 06, 2011
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 Plan Coordinate System, NAD 83,
North Central Zone, utilizing TxDOT Virtual Reference System Network with a
surface :factor of 1
(3) Distances. and areas shown hereon are surface.
(4) R.O.W. Markers are 5/8 inch iron rods �
with blue caps stamped "Goffondona",
unless noted otherwise.
SURVEYED ON THE GROUND December 19, 2008
y ,, w
Curtis Smith
Registered Professional Land Surveyor 'g�
ik
No. 5494
K CURTIS ShflfrH
% 5444
Resolution No. 2012-042
Page 5 of 9
20.0' R.O.W. DEDICATION ] i i
CABINET A, SLIDE 1376 K }PLA
P.R.T.C.T.
38 LOT 7 NO DE 1,316 Sj i
P.=. - -- _ CANI p T.c.T
PARCEL 36 RCC
FROM WHICH A W � T
S 138'58'47"
FND 3 /4" IRON ROD 25.7 2' SET R.O.W. MARKER
BEARS A RADIAL BEARING
OF N 03'57'30"W 0.78' rn PROPOSED
N RIGHT —OF —WAY
m > N
z+ a b ■ LOY S � 5u 1 101
I M Pl S 59 �8"E W•� ��'( N R H
STA 207+57.70
55.00 t � A
SET R.O.W. MARKER
RCC
En
P.C.B.
B ,pC pZ�
PARCEL 36
Q �.
LLJ A 2
�� g N� PACE 3
Lo
�Za�� 5 36 LOT 4
�+ N w 1 BURGER STREET, INC.
VOLUME 8.304, PAGE '2201
LU
z° I a a z I' !"� D.R.T.C.T.
11 0
Q 4 ; 0
LY.I q ". O IfiY f
W �
:Iii•.:''.. ',a'.:(:?'„�i
ti: t
LL m
." RCC 'jlt`.'r,•'c, ,a� •,'dl'
SET R.O.W. MARKER
40 20 I O 40
1p STA 208-+73;70
��1+ t'' l�p1.�'t LOT 5 u ..m,..o........
S LJ.7� 28*Y, a ;' f41diY+W
PT 2o6+4o:11 26.22'' SCALE IN FEET
FND 5/8 IRON ROD W /CAP PROPOSED
STAMPED "MSI RPLS 1224" RIGHT — OF- -WAY
34 PART 2
206 +00.59 PI ( PARCEL No, T PART 1 LOT 1 — R LdA g pl A
CITY OF NORTH Ri HLAND pi0f, A SyID6
VOLUME 15086, PAGE'416 II`1�T j;.T C_T•
NOTES: -� H D.R.TC.T. CAP p.
I. 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 20NE UTILIZING TXDOT VIRTUAL r FENCE LINES --- 3t —
REFERENCE SYSTEM NETWORK WITH A SURFACE
FACTOR OF 1.00012. PROPOSED R.O.W. LINE T '
7 e
PROPERTY LINE R
EXISTING FEATURES
3. 0 STANCES ma AREAS SHOWN HEREON ARE 7 } � ` SURVEY LINE -- O ---
S URFACE
S� PARCEL NUMBER X
°tITlry RECONSTRUCTED CORNER RCC
4. R.O.W. MARKERS ARE 5/8 IRON RODS WITH w
BLUE CAPS STAMPED "GORRONDONA" UNLESS R.O.W. MARKER
NOTED OTHERWESE.
SURVEYED 0 E GRO D DECEMBER 7.& 2008 y , MATE DiSTRtCT PARCEL NO. COUNTY I JOB
T - AS TARRANT 830
BURGER STREET. INC.
' HIGHWAY No.
DATE: OCTOBER 06, 201.1 CSJ: 09 3.0 RLWF %0W DRIVE
CURTIS SMITH, RPLS No. 5494 PAGE 4 OF 4 PAGES R.O.W, TAKING 2,452 SQ.FT. OR 0.056 AC.
Resolution No. 2012 -042
Page 6 of 9
Parcel No. 36 TK
CSJ Not 0902-48-830
Vote: March 1, 2012
Page 4. of .3 Pages
being a 0,011 acre [tact of land situated in the W. Mann Suniev ,;Vbstrac, 'No. J010. City of
North Richland .`I Coamy, Texas., saki 0.011 LALTe r.°act o land being out of Lot 4,
Block 1, Nortthpafl, PWa, Phase '0 an addition to the City of North Ricl Hills, Tarratilt
County, Tv.xas as recorded iii Volume 338-154, Page 23 of the Plat Records of Tarnont County,
Texas, said Lot 4 being deaded by Northpark Plaza 11 Partgem Ltd. to Burgcr Street, Inc. by
' Warranty Deed dated Septernbier 11) '. 1985 , as recorded in Volutyje 8304, Page 2 201 of the Deed
Records of Tarrant County, Texas, said 0,011 acre, tract of land [)Cinil' MM paFtiOUlady described
by inetes and bounds as follovvs:
COMMENWINC at the reconstmeted northwest corric• of J.(�t 5 of said Block L said
reconstruct corner being in the cast line of a 0.7610 acre: tract of land (by deed) and beitig
furthur described as Parcel No. 28 deceled to the Cit.Y of North Richland Hills as recorded in
Volume 7297, Page 2359 of saiti Deed Reoord of Tarrant County, Texas, said teconstruettd
corner being in the existing wit rigilt-of-way line oi'Rufe Snow Drive (a variable width right-of-
Way), from whicii a 3/4 inch iron rod found for reference bears z radial bearing of North 63
degrees 57 minutes 30 seconds We-A, a ' di Masse of 0.78 feet!, THENCE S 89 degrees 56
irrinutc-3 4`1 seconds Elist, with the north line of aiiid Lot 5, a distance of 25.72 feet to a R.Q.W.
marker set for corner in the proposed cast nght-of-wav, title of said Rufb Snow Drive, said
R-0M. inarker being in the smah line of Lot Block I., Northp
� ar Plaza, Phase 2 , an additiDr
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; THENCE South 00 degrees 06 minutc,5 32
seconds East, with the proposed east right-of-way Luc of said Rulle Snow Drive. a distance of
81,73 feet to a R.O.W. - marker set for the POINT OF BEGUNNING, said RAW. marker being
in the nnah line of sAlld I 4, said R.O.W. marker being in a south line of said Lot 5, said
R.0, W, qiarker bcin� 55.00, right Of and at right angles to 0- station 2074-67.70 of the
proposed centerline of said Rvife Snow Dr?':ve,
(0 THENCE North 89 degrees" 51 mu'll1les 28 s4oconds ast, with the north hue of said Lot 4
and with a south lifts (if said Lot 51, a distance of5,00 fled to a point for rnev;
(2) '14111"'NCE South 00 &grees 06 ininutes seconds East, a distwice of 94,00 feet to a
Point fOr come' 01 the south line-of said Lot 4, said point being in a north line of said Lot
l liCh the TWOUStructed corner of said Lo
so l. 4 bears N orth 89 degrees 51
5 from Wi ' 3.78 feet, said reconstnicted comer being ;4n
minutes 28 womis East, a distance, of
itav ell corner in the west line of said lot 5,
EXHIBIT
Resolution No. 2012-042
Page 7 of 9
Par"! N TE
CU'No.: 0902-48-830
Date: Murch 1, 2
Pap
,E- 2 of 3 Pages
(3) TRENCE" South 89 dcgTecs 51 ni-inutes 28 seconds West, With the soutin line of %aid Lot
4 and With a north line of said Lot 5, a distame of 5.00 f t a R.o.w. marker get for
ck)rner in the proposed cast right-of.� line of said Rafe Snow Dri said P-,-Q.W-
man-k-er being 55,00 feet right of and at right An s to centerline station 206-'73.70 feet of
the oropc.-tsed ccnterlinc of said Rufic Snow Drive, frorn, whicIn a 5/• inch iron rod with cap
stamped "MSI RPLS 1224".foltnd f th SI corner of said Lot 5 11cars, South 89
degrees 51 ininutes, 28 seconds Al a distance of 26.22 feet and South 00 degrees 03
ininutes '13 sownds West, a distance of 42,00 f said 518 inch iron rod with cap
stzmpe4 "MSI RPLS 1224" being the northwem cc tner of Ult I-R, Block: 1, North Park
Maza, an addition to the City of North Richl;m4 Hills, Tarrant County, Texas as recorded
in Cabinet A, Slide 8684 of said .Platt Records of Tarrant County, Te_\as, said 518 inch
-iron rod with cap sTaruped "NIISI RPLS 122 being the southeast coriwr of said 0.7610
acre tract of land, said 5/8 inch iron rod with cap starapcd "rVIST RPLS 1224" also hcjug
in the existing east right,of-way line. of said RuBe Snow Drive;
(4) THENCE North 00!&'9rccs 06 minutes 32 seconds Vest; with the proposed cast, right-
of- way line of said Rufe Snow D a distance of 94,00 feet to tbe'POINT OF
BEGINNING, and containing 470 square fettc)r 0,011 ncres oftmid, n1ore or less.
NGtes`
(1) A plat of even surkey date;b=with accompanie this lc description,
�2) Bearings are referenced to the Texas Stag Plart Coordinate System, NAD 83,
North Centra Zone, utilizing TxDOT Virtual Rcf;urence System Network- with a
surface fa ctor of 1.0001
(3) Dis-tan ces -and afekis,-5howtj bereorl are surt"act%
(4) R.O.W, Mark are 5/8 inch iron ^ods with blue caps staillped "Gorrondona",
Lmless noted othenl'�'se.
SURVEHYM ON THE QROUND DucembeA- 18, 200
urlis Smith
Registered Professional Land Surveyor
No. - 5494
K
V ,
Resolution No. 2012-042
Page 8 of 9
CAB:140 A, SUDE I �011'111 —�j
LOT 7
safe U TE r4c i,la8 -I2.
F'hC ; !t?- P! I
R
n Of ,
Y + t,c R t m SIX 2114-67,70 o
i
RAW. MARFIR
ESL 36 rr
g0CK pj.'A7A
"pAR K 3
3& TE PAS
v
38 � ,.
f s A LOT
VOLUME 8304. FACE 2,201
t Ca l D- R,T.C,T.
tjj IA b
Ld
f
z'
x£22" ®D '.�._
x�. .� Its'
T
� � t
f
20 GI 40
a w Et W, Fd JvaiEfR LOT .5 " t4a.i €,
S CALE I N FEE
=MSS 5(a""IFl04 Rat} wlCata f
sue!
STUMPED 'VSF R LS 1224"
r_ — PART
lor
T'ARCE: N.
(.;
kill pj�.
A Lit mcR!F'T" or �r N, SwTve.Y ITT
Hs :EYtIT ACCOWANMS rHIS PLAT,
PLME 1 0MMATE: Srsr04, t4n C3 N4m LEOENR
CENTRALL ZONE, M1L#Il * MOT VIPT4. AL � F��tEE I L41��
REFERENCE tW hwIIWOFIX ?NlTY9 A SUMAZ,£ �F ICE , I R,O.YL' 11s�IE � .. �.
FACTOR Of 1. ?1.
rtERT'Y L'31E- -•-- - -
3. C1t51 DES AND A .A,S fi l'WN HERMN ''E L SURVEY WE
—
—°_
5U4iFkCE. •'s..
R.(Lk I.M' aKEBS nF3f 5/8* IRON RODS sTk RELY t. iFTlC.tCO comER Rte,
ME ws sn''Amf*L4 "C 167 i' UNLESS R ox A?. W-tEI4
r
NO E4 01 "Ymsi r "
i
SUR+�` D 00 {`ktCllJ EiCS CFLd€ F k$, 2 M1 ST.ATE I t t tt w Ct3ilhTl 8
�, ..
aq —•— .,
PARCEL No. 56 TE
R'.1RGSR STREET, INC,
Gr 4StiY "'0 13?'T9` 'ITi. t' ?s I .Q+t_ _ 1 , 2012
12-j- _ _'" —. r.:'
�ACL 3' F 3 AG
-. � ,.. r 4.70 ^.9-`t'. (� (3.Q :? � s
Resolution No. 2012 -042
Page 9 of 9