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HomeMy WebLinkAboutResolution 2012-046 RESOLUTION NO. 2012 -046 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 -046 Page 1 of 16 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, 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 RIC ND HILLS �C. Ae y� ? By. :' er Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APP TO FORM AND LEGALITY: George A. Staples, tity Attorney Resolution No. 2012 -046 Page 2 of 16 Parcel No, 73 Part I CSJ No.: 0902 Date: April 0 2012 Exhibit A, Pag I of 3 Pages Being a 0,041 acyie tract of lami Situated in the %T, M Survey, Abstract No. 1010, City of North Richland Hills, Tarra ' nt County, Texas., said 0.041 acre itatt of land being out of Lot I -R, Block 1, North Park Plat, an addition to the City of NogL Richland Hills, Tarrant County, Texas as recorded in Cabinet A, Slide 8684 of the Plat Records of T, County, Texas, said Lot I-R being dueled by Jolaron A' Investments JoInt, Verniare. to Windward Partners � U by Warsanty Deed dated October 2, 2003 as recorded in Volume ITZ Page 131 of the Deed Records of' Tan ant Coulity Texas and being deeded by Notth Park- Plaza Associates, Ltd, to Windward Partners VII, 1,P. by Warranty lead -dated November 11, 2001 as recorded in V 15292, Page 109 of said Deed Records of Tarrant Count) Texas, said 0.041 acre tract of land ;king more particularly described by metes and bounds as follows: 13EGINNING at a R.O.W, marker set for coon err in the proposed =.t rift -of -way line of Refs - Snow Drive (a variable width said R,O.W., marker being in tlie,- wet line of said Lot I-R, said R.0,W. maftr bein in the north Tine of Ixt 2-R of said Block 1, said R.O.W. 9 marker also being 55,00 feet Tiv lit of acid at ii ht angles to me line: station 203-t47.09 of the pToposed cetiterfine of said Rufe Snow Drive; (1) THENCE South 89 degrees 51 minutes 24 seconds WM with the west line of said Lot I-R. acrd with the north line of said Lot 2-R, a distance of 12.21 feet to an "X" cut in conactefotttid for the most we telly' southweit comer of said Ut t-R, said ­X" cut in concrete being the- nottliNvest comer. of said. Lot 2-R, said 'X'eut in cone ret being in the cast line of a 1,443 sgare foot tract of land (by deed) and being fWher described as Parcel 'No, I Part 2 deeded k) the City of North Richland, Hills as recorded in Volume 150M Page 46 of said Deed Records of arrant County, Texas, said 4{)c, cut in concrete also being in the existing cast right-of-way line of said Rufe SnoAA Drive, (2) TUENCE North 00 degrees 02 minutes 02 seconds East, with Ole west line of said Lot 1- R, with the cast 'line of said 1,443 squaro foot tract of land- and with the existing east tight-of-way line of said Rufe Snow Drive, a distance of 144.50 feet to an 'X' cut in con , "cut 4 concrete fbund for an exterior ell comer in the west line of said Lot I -R ' , said X M concrete be iing in the south line of Lot 6, Block 1, North Park Plaza, 4 Section, an addition to the City of North Richland Hills, Tarrant County, Texas is recorded fil Volume 388-172, Page 100 of said Plat Recor& of Tarrant Gountv�. TeXas, said "X cut in concrete being ffie nor dieast corner of said 1,443 square ftiot trait of land, said "X" Co t in concrete being the southeast corner of a 670 squarre foot tract of land (by deed) axid bcin- further described as Pm No, 2 deeded to the City of Noith Richland Hills as recorded in Volume 14699, Page 136 of said Deed Records OfTarrant County, Texas; Resolution No. 2012-046 Page 3 of 16 Parcel No. 73 Part 1 CSJ No.: 0902-48-930 Date: April 02, 2012 Exhibit A, Page 2 of 3 Pages (3) TH South 89 degrees 58 minutes 06 seconds East, with the west ]i j - w t, - ifsaid I A3 1 1 1 - R and with the south line of said Lot 6, a distance of 12.25 feet to a R.O.W. rrark-er set fw comer in the [)Topoicd east right-of-way line of said Rtife Snow Drive, said R.O.W. marker being 55.00 feet right of and at. right angles to centerline station 204+92.07 of the proposed centerline of said Rufe Snow Drive, said K.O.W. mark being the her-jiuling of a non-tangent curve to the left having n radius of 795,00 feet, a central angle of (H) degrees 32 minutes 26 seconds, and whose radiu bears South 99 degrees 25 minutes 33 se nds East, from which a PK nail found for an interior ell c, -timer in the west line of said Lat 1 -R bears South 89 degrees 58 minutes 06 seconds East, a distance of 144.61 eet, said PK nail being the southeast comer of said Lot 6 (4) THENC'E with said non-tangent curve to the left and with the Proposed east right-of-way line of said Rafe Snow Drive, an are length of 7.50 feet to a R.O. marker set for comer, (5) THENCE South 00 degrees 02 minutes 02 seconds West, with the proposed cast right- of-way line of said Rafe: Snow Drive,, a distance of 136.97 fmi to the POINT OF BEGINNING, and containing 1,764 square feet or 0.041 acres of larld, more or less, No tez , (1) A plat of even survey date herewith accompanies this legal description. (2) Beexings are referenced to the Texas State Plan Coordinate System, NAD 8 3 ), North Central Zone, utilizing TxDOT'Virtual Reference System Notwork with a surface factor of '1 .000 12. (3) Distances and areas sbo hereon are surface. (4) R.O.W. Markers are 518 inch iron rods with blue caps stamped "Gorrondona", unlc&s noted othervise, SURVEYEM ON THF GROUNID December 18, 2008 Curtis Sirdth RegisterW Professional Land Surveyor M)_ 5494 sh f it i Resolution No. 2012-046 Page 4 of 16 fi1 OF td0WM, RI(HAAN.'1 PIUS 1 NORTH PARK PLAZA � r�li a :tl 14t?-). PAG 11 • L 3 ZA TTC'>•, c° 1 1X71 i"llk E 388-174 PA( ;e 1001 — S +1758'06'E rw C4,T 12 i s H !At ^.OtaCRE;iE T DETAIL „ A LOT I � 1 _ j�j " r , 15,0' 0MVI E I I i Af2i7 'A 7N �tS 1. L i V'Q€ UME 17262. PAGE 131 OARCT.j, t9o, i PAR1 124 ti ' "° - I 1 VOLUME 15202, PAGE 109 ! 1,443 Sw_ FT (rY f1E6) MY OF NORTH WCW-MiD HittS r I %CLV41t M135, PAIGE 416 1 ! t 6C 30 73 PA 1 ,,,, 4 !N C-4 4, I 1rry r �. r' r g� �1 �b lb x f L t ' S1rT R.O.W. MA RKER 1 1 itlJ ° i" 1111 11 W t 1 Y v 1 r Lmc L " 1 mwi Of i #F L� WAY %*''irt,•' +} UJ F t 'i3 1 �! 12.21' PROPOSED I ! f 5•s.0 ' XT '. L 1,iT1w �Ctr fT, tom, ex f E ; ? / SET ROW ftaRK>iR _p PARCEL Ito � � � c r �.r> -t si Cl°' Cyr` NORIM K>4-AND WLS, RALSfeSl t3EA ih7G UJ w ? j WLUME 14185. PA4E 53 ! ae 1 LL lI's s t b. °.T.%..Y, I am 7 1•Ft 2� �' 0 SET P „b_W. mown ' Tl Of P; STATION DE LTA = 5"11'1i,3f1 3 * s < OFr, fE.E OF CURVE -P'A e2&45” r TANGENT - 35,51' # u I R'A0 aaCF .D0' .w• we Srt.TtU „2q4 4. tt i i DETAJL W .T STATION NOT TO SCALE JATAUGA ROB, RC.4T-OF-WAY (A 110.00 RIUHTT'OF -WAY) I. A !&'GA& DEa`" PtffTt N OF MN SURVEY WE Gd�r1 E �tE1.T RADIJS ��A++tC hFPfwTTM ACCOUPPAWE5 'ruts P(AT, — T xg90o 7 , " 2. ESA ARE PEFERENCED TO ME TrA&S STATE k PLANE C ?iA �T'E SVST€2 &AO 83 NORfH �` = _ LEGEND CEUTTRAL ZGNEi UnLIZM MOT Vtt?'fWL ' fERtE L)NES SYSTLf#4 NETWORK #!3 r SURfF E PRO?v'!;M R.OM. .I#vkT_� --- - ---- -- ao-a PROPICRTY UNE REF E:PSME FACTOR OF 1.00012_ s ExfS:INC FfiR1E1R6`� °- -'--° � 3. : 1STANCE3 AM AREAS S8OWN' HC$Et3N as SURVEY I NE SURFACE. Y, PARCEL NTtk1i3£R „. ._.. ..__._ .. .E 4. kR.O.W MARKERS ARE 5/88" (PON RODS WIT)i RCC[Mt57st} tE0 G;f?LtiLR R; BLUE CAK ST,AMPEO `trOpf'RONDGN?'•." 13t'LEt. a NOTED #1T€tER'NISE. svtF4'G:d'€0 of GS'.71W DECE 6ER 1$, 7008 ` ,.a'" t-TE MTRICT w .. �"•oo.F..w Ct3+Ji' #kr PACE tea. 73 Pry 1 Y![fi C7 VF RD aAfiTd£ft5 W. LP. k9GHWAY h 1 CIATE; APRIL 072, 2012 �J, a �n� . azi •63c. nJtr I w r T ; _: •; 4 4 PACE Q 3 PAuTS O.W. TAKING 1,764 so.Ci, OR 0'. _._ CU�TTIS St�fnH, RPLS No. 5 � 441 AC Resolution No. 2012 -046 Page 5 of 16 Parcel.No. 73 T Part I CSJ N&.; 600248-830 Date.- April 02, 2012 Page,, 1,of:4 Pages Being a 0.026 acre tract of land situated, in the W. Mann :Survey, No. 1010, City of " North Richland Hills,:Tarrant, County, Tex, said . �0.026 acre tract of land b -R, be ing out of.Lot 1 , 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 1 -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 11.1 of the Deed Records of Tarrant -County,. Texas and being deeded by North. Park: Pl aza Associates: a ". Ltd to. Windward Partners VII, L.P. by Warranty Deed dated November 11, 2001 as recorded, :in volume 15292, Page 109 of said Deed Re.cordsof Tarrant County, Texas, said 0.026 acre tractof land being more particularly described by metes and bounds as follows: BEGINNING: at a R.O.W. marker set for comer in the proposed east right-of-way line of Rufe Snow Drive- (a variable width right-of-way), said R.0,W. markerbeing the west line' of said. Lot I -R,.. said R.O.W. marker being in the north line of Lot 2-R of said: Block 1, 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 which an ")" : cut in concrete found for the most westerly southwest comer of said Lot l.-R bears South 89 degrees 51 minutes 24 seconds West, a distance of 12.21 feet, said "V' cut in concrete being the northwest comer of said Lot 2 R,.said ")C' cut in concrete. being in the east line of a 1,443 square foot. tract of land (by deed), and being further described. as Parcel No. I Part 1 deeded to the City of North Richland.. Hills as recorded in Volume 15086 Page 41.6 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; (1) THENCE North 0 degrees '02 minutes 02 seconds East with the proposed east.right-of- way line of said. Rufe Snow Drive distance of 136.97 feet to a R.O.W.. marker . set for the.beginnmg ofa:curve -to the right having a radius of 795.00 feet a central angle. of 00 degrees :32;minutes 26 Seconds, and whose radius. bears South 89 degrees 57 minutes 58 seconds Eas4 (2) THENCE with 'said curve to the right and with. the monosed east right-of-way line of said RufD.5now Drive, an art length of 7.50 feet to a R.O.W. marker set for comer in the west line of said Lot 1 , Rsaid R.O.W marker being inthe south line of Lot 6, Block 1, North Park Plaza, 4 Section, an addition to the City of North Richland Hills as recorded. m Volume 388-172, Page 100 of said PlatRecords of Tarrant County, Texas.. said, R.O.W. marker being 55,00 feet right of and at �right angles to centerline . station 204+9107 of the. proposed centerline of said Rufe Snow Drive from which an "X' cut in concrete found for comer in the south line of said Lot 6 bears. 'North 89 degrees 58 minutes 06 seconds West a: distance of 1215 feet , said 44 )C' cut in. concrete being an exterior ell comer in the west line of said Lot. 1-R, sa id L'X"* cut in - concrete being the northeast comer of: said .1,443 square foot tract of land, said "X" cut in concrete being the southeast comer of a 670 square foot tract of land (by deed):and being fiulher described As Parcel No. .2 deeded to the City of North Richland Hills as recorded in Volume 14699, Page. 156 of said Deed Records of Tarrant County, Texas, said "X 1 7 cut in concrete also being in the existing east right-Of-way line: of said Rufe Snow Drive; EXHIBIT Resolution No. 2012-046 Page 6 of 16 ParcelNo:73 TE:PartI CSJ No.: 0902 - 48-830 Date: April 02,:2012, Page 2 of 4 Pages. i (3) THENCE South 89 degrees 58 minutes 06 seconds East, with the westline of said Lot l- R and with the south line of said Lot 6, a distance of 5.00 feet to a point for the beginning of a non - tangent curve: to the left having a radius of 790.00 feet,: a .central angle of 00` degrees 32 minutes 38 seconds; and whose radius bears South 89 degrees 25 minutes.20 seconds East; from which a PK nail. found for the southeast corner 'of said Lot 6 bears South 89 degrees 58 nunutes 06 seconds :East; a distance of 139.61 ; feet, said PK nail Being an interior ell comer in the west ;line of said. Lot 1 -R (4) THENCE with said non'.- tangent curve to the le#t, an arc length of 7.50 feet to a Point for corner; (5) THENCE South.00 degrees:. 02 minutes 02 seconds', West, a distance of 99.06:feet to a point for comer, (6) THENCE South. 80 degrees. 57 minutes 58 seconds East,; ,a distance of 11.00 feet. to i point for comer ; (7) "THENCE .South 00 degrees 02 minutes 02 'seconds; West; a distance of 37.86 feet to a point for corner; (8) THENCE South 89 degrees 51 minutes 24: seconds West, :passing at a distance of 0.73 feet, an "X" .cut > in .concrete found for an interior ell: corner in the west line of said Lot 1- R, said "X" but: in concrete being an exterior ell corner mi the north line of said :Lot 2 -R, in all, a distance of 16.00 feet to the POINT OF BEGINNING,. and containing 1,139 square feet or 0.026 acres of land, more or Less. Resolution No. 2012 -046 Page 7 of 16 Parcel No, 73. TE .Part 1 CSJ No.: 0902 -48 -830 Date: April 02, 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 518 inch iron rods with blue caps stamped "Gorrondona ", unless noted. otherwise. SURVEY -ED ON E GROUND December 18, 2008 Curtis Smith r Registered Professional Land Surveyor No. 5494 C% KIS SW fir-; Resolution No. 2012 -046' Page 8 of 16 PARCEi No. 2 1 670 SO. FT: (BY DEED) LOT 6, BLOCK i $vcm Y OF NORTH RICHLAND HILLS 1 STA 204+92.07 VOLUME 14699, PAGE 136 NORTH PARK PLAZA D.R.T.CT. 1 4th SECTION SET R.oW. 1 VOLUVE 388 -172, PAGE 100 SEE DIAL BEARING P.R. T. C. T DETAIL "A" FND PC 204 +a4 6 S a9'58'06'E R I I PK NAIL C -2 139 :61' I� I P of� S !Wi DELTA = .5'11'17.3x` �, Q ovv z �� �� PARCEL No. 1 PART 2 1 N 1 DEGREE: OF CURVE 6'44'26.45" V �� ♦ 1.,443 SO. FT. (BY DEED) y TANGENT = 38.51' R�GN N SCR tip c _ CITY OF NORTH RICHLAND HILLS ! i LENGTH =76 ',97 ' MPS Nol. 3 x Of C4. VOLUME '15086. PAGE 416 1. R A D I U S = 8 50. tD D.R.T.C.T. I PC STATION =204+84.06 Cj�R 11 1. PT STATION =205+61.02 �` Ile 3E a f c {. a. Q I o 73. TE PART `i t -1. .IrQT ii -- R {N N L -3 WINDWARD PARTNERS Yft, L.P. 0 0 VOLUME 60 30 Q 60 VOLUME 17262, PAGE 131 N b 15.0' DRAINAGE. 15292. PAGE 109 7 .PART 1 o : ` EASEMENT � a D R T.C:T. FNO 'x' CUT S QO`D2'02"W SCALE IN FEET IN CONCRETE 37.86 r OC R 1 P LAZA ]' 1 TS PA IDS 86 L -2 S l3W51'24"W SEE . R .' 1221 DETAIL "B" NO A, T C.T- -- I } SET R.O.W.. MARKER c o , p,R - L 139.61 "• STA 9 2O3+4T_0 O iii a. I 55.00 ITT U� o: 1. I CC I I I I PARCEL. 73 T> ao i o 1K Z $ °' 0 2 i FART LL— M � 0= f � 3 j .PASSING AT 0.73 °ate I 34 LOT 2 -R A FND "X' CUT I „ „ Z IN CONCRETE 1 ,1 ?' DETAIL A I NOT TO SCALE LL ED a a ' PARCEL No, S LI NAGBLE DISTANCE 1.196 So. FT. (BY DEED) I �_ I Q' CITY OF NORTH; RICHLAND. HILLS DETAIL "B" t I L--1 N 87511 LINE 12.25' Q. VOLUME D 141166. PAGE 53 NOT TO SCALE' o ki L-2 S 895806 5.00" L 3 S 89`57'58 - E 11 .00' BW L -4 S - 51 24 16 =0 I I � 1 I i l WATAUGA ROAD EXISTING (A 110.00' :RIGHT -OF -WAY) RIGHT - - NOTES: CURVE TABLE CURIE DELTA RADIUS ARC t. A LEGAL DESCRIPTION OF EVEN SURVEY DM CURVE 00'32 "26' 795.00 7.50 HEREWITH ACCOMPANIES THIS PLAT. C - 2. BEARINGS ARE REFERENCED TO THE TEXAS STATE C -2 I .00'3238 790.00 7:SW PLANE COORDINATE SYSTEM, NAD 83 NORTH" LEGEND CENTRAL ZONE, UTILIZING: TXDOT VIRTUAL ,. FENCE LINES — it— --- REFERENCE SYSTEM . NETWORK WITH A . SURFACE 4ti PROPOSED R.O.W. LINE FACTOR OF 1.00012, 1�1 r « "- ..L "i PROPERTY LINE R Es �_; EXISTING FEATURE ISTAN 3. DISTANCES AND :AREAS SHOWN HEREON ARE L i SURVEY LINE— SURFACE. —^^ ^.— ^ `• PARCEL NUMBER 0 N1 RECONSTRUCTED CORNER RC 4. R.O.W. MARKERS ARE 5/8' IRON RODS WITH t u R.O.W. MARKER • BLUE CAPS STAMPED 'GORRONDOPW UNLESS e NOTED OTHERWISE SURVEYED THE GROU DECEMBER 18. 2006 i s< STATE TNSTRtG7 PARCEL No. 73 TE PART 1 COUNTY JOB TEXAS 2 TARRANT 83k WINDWARD. PARTNERS. At. L.P. HIGHWAY No. DATE: APRIL 02, 2012 CSJ: 0902 -48 -830. RUFF snow DRIVE CURTIS SMITH, RPLS No. 5494. PAGE 4 OF 4 PAGES EPSEMENT AREA 1.139 SQ.FT. OR 0.026 AC. Resolution No. 2012 -046 Page 9 of 16 Parcel No. 13 Part 2 CS-J No.: 090248-830 Date: A pril 03, 2►12 Page I of 4 Pages Being a 0.020 acre tract of land situated in the W. Mann Survey, Abstract No. 1010, City of North Richland Bills, Tarrant County, Texas, said 0.020 acre tract of land being out 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 the Plat Records Of T=ant County, Texas, said Lot 1 -R being deeded, by Jolaron IV Investments )oMt Venture,to Win&ard Partners V11, L.P- by Warranty Deed dated October 2, 2003 as recorded iii'Volume 17262, Page 131 of the Deed Records of Tarrant County, Texas and being deeded by North Park Plaza Associates, Ltd. to Windward Partrier VII, L.P. by Warranty Deed dated November 11, 2001 as recorded in Vbluirlo 15292, Page 100 of said Dee Records of Tarrant County, Tcxmsaid OMO acre tract of land being more particularly described by motes and bound's as Hlows: BEGINNING at a R.O.W, marker set for corner in the north line of said Lot'l-R, said R,O.W.' marker being in the south line 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 said Plat Records of Tarrant County, Texas, said R.OM m arker being in the proposed east right- of-w ' Ely line of Rufe Snow Drive (a variable width right-of-way), said 'R.O.W. marker being 55.00 feet right of and at rigbt angles to centerline station 206+32.23 of the proposed cooterfino of said Rafe Snow Drive, said R.O.W. inarker being the beginning of a curve to the right having a radius of 905.00 feet, a central angle of 02 degrees 55 minutes I I seconds, and whoic radius briars North 89 degrees 34 minutes 39 Seconds West; (1) THENCE with said curve to - die right and �yith die proposed cast right-of-way line of said Rure Snow Drive, an are longth of 46,12 feet to a R,O.W. marker set for corner in the west line of said Lot I -R, said R.O.W. marker being in the north, line of Lot 6, Block t., North Park Plan, 4 Section, and addition to the City of North Rictiland Hills, Tarrant- County, Texas as recorded in Volume 388-172, Page 100 of said Plat Records of Tarrant County, Texas, said R.O.W. inarker being 55.00 feet, ri$).it of and at fight angles to centerline station 2054-88.01 of the proposed centerline, of said Rufe Snow Drive, from which a PK nail found for the northeast comer of said Lot 6 bears South 89 degrees 58 minutes 06 seconds East, a distance of 139.19 feet, said PK nail being at interior ell corner in the west line of said Lot I rR;: EXHIBIT Resolution No. 2012-046 Page 10 of 16 Parcel No. 73 Part'2 CSJ No.: 0902-48-830 Dale- April 03,2 Page 2 of 4 Pages (2) THENCE North 99 de67ees 58 minutes 06 seconds West, with the west line of said Lot I -R and with the north line of said Lot 6, a distance of 17.66 feet to a reconstructed exterior ell comer in the west line of said Lot I -R, said reconstructed corner being the southeast comer of a 309 square foot tract of land (by deed) and. being further described as Parcel No. I Part I deeded to the City of North Richland Hills as recorded. in Volume 15086, Page 416 of said Deed Records of Tarrant County, Texas, said reconstructed comer being the nortbeast,comer of a 670 square foot tract of land (by deed) and being further described as Parcel No. 2 deeded to the City of North Richland Hills as recorded in Volume 14699, Page 136 of said Deed Records of Tarrant County, Texas, said reconstructed comer being in the existing cast right-of-way line of said Rufe Snow Drive, from which an "X" cut in concrete found -for an exterior ell comer in the west line of said Lot I-R bears South 00 dogrees 02 minutes 16 seconds West, a distance of 94.00 feet, said "Y' cut in concrete being the southeast comer of said 670 square foot tract of land, said "X" cut in concrete being in the south line of said Lot 6, said "X" cut. in concrete also being in the existing east right-of-way line of said R.ufe Snow Drive;, (3) THENCE North 00 degrees 02 minutes 02 seconds East with the west line of said Lot I- R, with the east line of said 309 square foot tract of land, and with the existing cast right- of-way line of said Rufe Snow Drive, a distance of 43,88 feet to a reconstructed interior ell comer in the west line of said Lot I-R, said reconstructed comer being the northeast cornet of said 309 square foot tract of land, said reconstructed comer also being an exterior ell comer in flit existing cast right-of-way line of said, Rufe Snow Drive; (4) THENCE North 89 degrees 59 minutes 09 seconds West, with the west line of said Lot I-R, with the north line of said 309 square foot tract of land, and with the existing- cast right-of-way line of said R.ufc Snow Drive, a distance of ?.IS feet to a reconstructed exterior ell comer in the west line of said, Lot I-R, said reconstructed comer being the northwest comer of said 309 square foot tract of land, sk4id reconstructed comer also being an interior ell comer in the existing east right-of-way line of said Rufo Snow Drive; (5) TD.ENC.E North 00 degrees 01 minutes 54 seconds East, with the west line of said Lot I- R and with the existing cast right-of-way line of said Rufe Snow Drive, a distance of 2.12 feet to a 518 inch iron rod with cup stamped A*MSI RPLS 1224" found for the northwest comer of said Lot I -R, said 5/8 iron rod with cap stomped "MS1 RPLS 1224" being the southwest comer of said Lot 5, said 518 inch iron rod with cap stamped "MST RPT's 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, Tex"; (6) THENCE North 89 degrees 50 minutes 09 seconds East, with the north line of said Lot l-R and with the south line of said Lot 5, a distance of 26.30 feet to the POINT OF BEGINNING, and containing 872 square feet or 0.020 acres of land,.more or less. Resolution No. 2012-046 Page 11 of 16 Parcel No. 73 Part 2 CSJ No.: 090248-830 Date: April 03, 201.2 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. Markets are 5/8 inch iron rods with blue caps stamped "Gorrondona�', unless noted otbervn'w. SURVEYEPONTY-1 GROUTMI)Deceni her 18,2008 Curtis Smith Registered Professional Land Surveyor W 5494 J J, 1 7 % '&' Resolution No. 2012-046 Page 12 of 16 pi STATION -205+00 -59 DELTA 5'19`50.73` DEGREE OF CURVE x+644'26.15" TANGENT •39.57' 0 LENGTH - ?9 0I3' kq R ADIU S X 0 0 ' r J I 1 PRO STATION - 205 +6t.07 tA R PT STATION X2.;6 +40.41 Wi Il i I ry I r ti_1 �`{ [ RCC t L_3 .�? LOT" 4 p'><1 DETAIL "A" 3 l AR1 1 LOT ,5 01, OCK 1 f � �1, NOT TO SCALE c mo $/a IRON no w /cap STA 209+32M 0 I3 Sg j F3A {:1 7,3 STAMKD x60 RPLS 1224 " 5ECO P� rjt SF1 11,O.tK, MAR1tER 3e R,rr G. T. PT M +40.11. FV7UVL BEARL�1fl 4'0� N 69'34'30"W PARCEL ND. 1 3(79 SC, F'1. 8Y L�It7 � rITY or NnI Tw R1EcwLArro 1LL D ETAIL "A R� a , { f paR �, l s WINDWARD PARTNERS VII, 1,.P. VOLUML 15(186. PACE 416 . le�k� (` � � PART 2 VOLUME 17262, RACE 131 T,0 pj,t� � ppoposeD VOLUME 15292, PAGE 109 "" �1��� � 8�$ go gTll 51,1 73 PART" 2 ��X�� P }ft FIN Pi( NAIL S s9-wad 139.18' > + I 1 R.O.W. MARKER >r} STA 205 +9,6.91 FkRC 2_ a'p ±dP 102 p� fi II T` fx ir + PARCLL Na. 2 SO FL 1 8Y DEED) _ y CfTor NoRT11 RICNtAND HILLS ()R'T r gfG 10N GE 100 Z . __. V+OLUMF 14499, PAGE tic Ath PA C IS R.T.C.T, � MS Ip W m RI STATION = 205+22,57 LL. , �'" VELTA = 5'11'17.38" CC TANGENTF cvlz. �6 4438 . ' t+i LENGT -76.97 C � RAD IUS 850 Rich PC STATION =204 +T14,06 rND "X" CUT ; STATION =205 +61.02 IN CONCRETE PC 20 +84 4 LINE �T ON9 E RNG omrmcE � 3 PART 1 40 20 0 4.0 L -I N 99 tr6 L -2 0fl D2 02 E F3.86 L 69 59 o9-W 7.15' ��°°. 9M 2, z 2 --j SALE I N FEET N 8D9 Cry I WTES: URV TA :. A LEGAL DESCRTLON OF EVEN SURVEY €DATE DELTA W IP71US KREiY'" ACCOMPANIES THL5 PLAT. 2 S 11 � 4 CN t x r , 31 05.0A�6.1 ' J 2. BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COOROiNATE SYSTEM, NAO 83 NOR H � LEGEND �s CENTRAL. ZON£'. UTI1Ub G TXDQT VIRTUAL F�N:F LINES REFERENCE SYSTEM NETWORK WITH A SURFACE ♦ � PROPOSED R.O.W, LINE FA+;Tt}t1 OF 1.00012. PROPERTY UNE � ~ fi EXISTING FEATURES — -- 3. DISTANCES ANO A#-AS SHOWN HERtON ARC h 3 � SLMEY UN!: SURFACE. PARCEL hltra9Ea4 1. R.O.W. AtARK[R5 ARE 5/8 IRON RODS WITH a. RECONSTRUCTED CORNER ROC 13LIJE CAPS STAMPED 'GORROND0NA" U14LESS � 1 ,� p,t R.O.W. MARKER NOTES Uf}lERWISE. 4 Y i 7 ZHE GROECt DECE 18. 2i}08 rolt STALE 1 +DISTRICT COUNTY r - 6 SURVEYED �.� PARCE L No. 73 FART 2 T1Ravr yes WINDWAIRD PAFnNERS V11, LP, H4HWAY Nu, WE: APRIL 03, 2012 CSk 0907 -48 —&M RUFE s?4cw F7,7 T. CURTIS SMITH, RPLS No. 5494 PAIGE 4 OF 4 PAGES R.O.W. TAKING 872 Son. OR 5.020 AC. Resolution No. 2012 -046 Page 13 of 16 Parcel No. 73 TE Part 2 CSJ No.: 090248 -830 Date: April 02, 2012 Page 1. of 3 Pages Being a 0.015 acre tract of land situated . 'in the W. Mann Survey, Abstract No, 1010;, City of North Richland Hills, Tarrant County, Texas, said 0.015 acre tract of land being out of Lot 1 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 1 -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 13.1 of the Deed Records of Tarrant County,. Texas and being deeded by North Park Plaza .Associates, Ltd. to Windward Partners Vl.l, 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 0.015 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 north line of said Lot 1 -R, said_R.O.W. marker being in the south line 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 said Plat Records of Tarrant County, Texas, said RAW marker being in the proposed east right- of-way line of Rufe Snow Drive (a variable width right -of -way), 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; from which a 5/8 inch iron rod with cap stamped "MSI RPLS 1224" found for the northwest corner of said Lot 1 -R bears South 89' degrees 50 minutes 09 seconds West, a distance of 2630 feet; said 5/8' inch iron rod, with cap stamped "MSI RPLS 1224" being the southwest corner of said Lot: 5, said 518: inch iron rod_ with cap stampede "MST .RPLS 1224" being. the southeast corner. 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 North 89 degrees 50 minutes 09 seconds. East,, with the north line of said Lot 1 -R and with the south line of said Lot 5, a distance of 5.00 feet to -a point for comer•, (2) THENCE South 01 .degrees 32 minutes 42 seconds. West, a distance of 193 feet to a point for corner; (3) THENCE 'South 88 degrees 42 minutes 14 seconds East,: a distance of 10.07 feet to. a point for the beginning of a non- tangent curve to the right having a radius of 920.00 feet, a central angle of 02 degrees 36 minutes 53 seconds, and whose radius bears North 89 degrees 19 minutes 36 seconds West ;. (4) THENCE with said non - tangent curve to the right an are length of:41:98 feet to a point for comer in the: west line of said Lot' 1 -R, said point being. in the north line 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 38.8 - 172,.: Page 100 of said Plat Records of Tarrant' County, Texas, from which a PK nail found for the northeast comer of said Lot 6 bears South 89 degrees 58 : minutes 06 seconds: East, a distance of 124.16 feet, said PK nail being an,intenor.ell. corner in the west line of said Lot 1 -R; EXHIBIT Resolution No. 2012 -046 Page 14 of 16 Parcel No. 73 TE Part 2 CSJ No.: 0902-48 -830 Date: April 02, 2012 Page 2 of 3 Pages 5 THENCE .North 89 d ees 58 minutes 06 seconds West, with the west line of said Lot 1 -R and with the north, line of said Lot 6, a .distance of 15.02 feet to a R.O.W. marker set for comer in the proposed west 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 205-88.91 of the proposed. centerline of said Rufe Snow Drive, said R.O.W. marker beingthe beginning of a non - tangent curve to the: left having a radius of 905.00: feet, a central angle of 02 degrees 55 minutes 11 seconds, and whose radius bears North. 86 degrees 39 minutes 28 seconds West; (6) 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 the POINT OF BEGINNING, and. containing 651 square feet or 0.01.5 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 1.0001'2. (3) Distances and areas shown hereon are surface. (4) R.0 * W.' Markers are 5%8 inch iron rods with blue caps stamped "Gorrondona ", unles noted othenvise: SURVEYED ON THE GROUND .December 18, 2008 Curtis Smith Registered Professional Land'Surve or ',i 5 r No. 5494 Y } 7 ' Resolution No. 2012 -046 Page 15 of 16 w PI STATION = 206+00.59 DELTA =5'19'50;73" DEGREE OF r TANGENT CURVE b =39.57 " `1 SV p 0 3 36 LENGTH = 79.08' z N� ozn Z Zw RADIUS = 850.00 �• �rn �i I PRC STATION = 205+61.02 0 gSSRp`c NdR�H Nag o ¢ w = Q' < PT STATION -206+40.11 p` ,n/ of o C ii � 0- a ° LOT 4 Z U N' U ac) na p I' STA 206+32.23 - o a 55:00 RT o ZZ W c SET R.O.W. MARKER o C, to 13 L i j.AZA L z P.Q.B. 140ROPA 2 P AGE 23 PARCEL 73 TE PART' 2 P� 4, FIND STAMPED' MISI ROD 12 c2A4P -� LOT 5 YagIJMg 38 -T 61, PT 206 +40.11 S 8 L -2 L 2 9 6.30' PARCEL No. I PART 1 p 309 So. FT. (BY DEED RADIAL BEARING it 4 ' p CITY OF NORTH RICHLAND HILLS N 89'19 36 `r VOLUME 15086, PAGE 416 4`d L� 1 QC� D,R,T.CLT: tV .- a 52' i; NQ�A�E 1�2g2� PP 1 �► M 2 �. o_ 73 TE PART 2 Q a h S 89'58'06"E 124.16' ` FND PC W PK NAIL r p TATION ; LOT 6 B LOC'( PL AZA p o BEARING cc 0. S PRC 205 +61:02 N. 39 28 T PA� j�N 1 0N Cb a RO.W ER NO W. MAR K ER SE pAGg N CO A 20 FL 0 005+RST8.91 �fl� 3 p r �•� 64 1 EL No. 2. Z C FT. (BY DEED) V U) + HELL TH RICHLAND S, aj 4699, PAGE 136.R.T.C.T.,P1 STATION =205 +22.57 M4 m DELTA =5'11'17.38" 0 DEGREE OF CURVE =6.44'26.45 w TANGENT 38.51' P4 aj oo LENGTH =76.97' d6 oI RADIUS = 850.06' + a PC STATION =204 +84.06 PRC STATION 205 +61.02 U N PC 204 +64.06 LINE TAB 40 20 0 40 LINE BEARING DISTANCE L -T N 89750'09 73 PART 1 "E 5.00' L -2 5 OY32'42 W 3.93' L -3 s Ss4rta'E 1D:a SCALE IN FEET L -4 N '8W58'06'W 15.02 CU RVE TABLE NOTES: CURVE DELTA � RADIUS ARC 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE C -1 OY36'S3 _920.00 41.98' HEREWITH ACCOMPANIES THIS PLAT, C -2 02'55 11 805.00' 4fi.12' 2.. BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE. SYSTEM, NAD 83 NORTH t, LEGEND CENTRAL ZONE, UTILIZING TXD0T VIRTUAL FENCE LINES * �e REFERENCE SYSTEM NETWORK WITH A SURFACE PROPOSED R.0-W. LINE FACTOR OF 1.00012. ;, PROPERTY LINE R w EXISTING FEATURES - - 3., 01STANCES AND AREAS SHOWN HEREON ARE SURVEY LINE SURFACE. - s! PARCEL NUMBER 4. R.O.W. MARKERS ARE 5/8" IRON RODS WITH RECONSTRUCTED CORNER RCC. BLUE CAPS STAMPED "GORRONDOW UNLESS R.O.W. MARKER Q NOTED OTHERWISE. w SURVEYED THE GRO D DECEMBER 18, 2008 r M1 STATE DISTRICT :HI NTY JOB TEXAS PARCEL Na. 73 TE PART 2 RANI 830 WINDWARD PARTNERS VU, L_P, Na DATE: APRIL 02, 2012 CSJ: 0902 - 4& -830 SNOW DRNE CURTIS SMITH, RPLS No. 5494 PAGE 3 OF 3 PAGES EASEMENT AREA 551 SQ.FT. OR 0. AC. Resolution No. 2012 -046 Page 16 of 16