HomeMy WebLinkAboutResolution 2013-014 RESOLUTION NO. 2013 -014
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 LOCATED T. PECK
SURVEY, TARRANT COUNTY, TEXAS NECESSARY FOR A
SANITARY SEWER EASEMENT, INCLUDING TEMPORARY
CONSTRUCTION EASEMENTS; AND AUTHORIZING THE CITY
ATTORNEY OR DESIGNEE TO INSTITUTE CONDEMNATION
PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE
NEGOTIATIONS ARE NOT SUCCESSFUL
WHEREAS, the City Council of the City of North Richland Hills, Texas ( "City Council "),
has determined that the an easement under, on and through the property
described in Exhibit A hereto, is appropriate for use by the City of North
Richland Hills for a public sanitary sewer project (the "Sanitary Sewer
Project ") including right of way therefor and associated public uses and
that there exists a public necessity to acquire the property herein
described, for the Sanitary Sewer Project; and
WHEREAS, the City Council desires to acquire the property described in Exhibit A
hereto for the aforementioned public uses because such property is
necessary for completion of the planned and approved Sanitary Sewer
Project, in the City of North Richland Hills, Texas; and
WHEREAS, the City Council desires that the attorneys for the City of North Richland
Hills, at the expense of the City of North Richland Hills take 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 such attorneys, or designee, negotiate the purchase of the
property interests and, if unsuccessful in purchasing the needed
property interests, to institute condemnation proceedings to acquire the
property described in Exhibit A hereto; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT:
Section 1: All of the above premises are hereby found to be true and correct
legislative and factual findings of the City Council of the City of North
Richland Hills, Texas, and they are hereby approved and incorporated into
the body of this resolution as if copied in their entirety.
Section 2: The City Council hereby finds and determines that a public purpose and
necessity exists for the City of North Richland Hills to acquire the property
described in Exhibit A hereto for a public use, to wit a public sanitary
Resolution No. 2013 -014
Page 1 of 6
sewer improvement project along with necessary construction easement,
all as part of the Sanitary Sewer Project, and to acquire the necessary
property rights in such described property from the owner of such
property, Xto Energy Incorporated and the lienholder(s).
Section 3: The North Richland Hills City Attorney, or designee, is authorized and
directed to negotiate for and to acquire the required property rights for the
City of North Richland Hills, and to acquire said rights in compliance with
law. Moreover, the North Richland Hills City Attorney, or designee, is
specifically authorized and directed to do each and every act necessary to
acquire the needed property rights including, but not limited to, the
authority to negotiate, give notices, make written offers to purchase,
prepare contracts, to retain and designate a qualified appraiser of the
property interests to be acquired, as well as any other experts or
consultants that deemed necessary for the acquisition process and, if
necessary, to institute proceedings in eminent domain.
Section 4: The North Richland Hills City Attorney is authorized and directed to do
each and every act and deed hereinabove specified or authorized by
reference, subject to the availability of funds appropriated by the City
Council for such purpose. Further, the North Richland Hills City Attorney
or designee is specifically authorized to establish the just compensation
for the acquisition of the described property. Additionally, if the North
Richland Hills City Attorney or designee determines that an agreement as
to damages or compensation cannot be reached, then the North Richland
Hills City Attorney or designee is hereby authorized and directed to file or
cause to be filed, against the owner(s) and interested parties of the
needed property interests, proceedings in eminent domain to acquire the
above - stated interests in the property described in Exhibit A hereto.
PASSED AND APPROVED on the 22nd day of April, 2013.
CIT OF NORTH I HLA
By:
Oscar Tr o, ayor
ATTEST:
Patricia Hutson, City Secretary
APP U D TO FORM ND LEGALITY:
George A. Stapes, ity ttorney
Resolution No. 2013 -014
Page 2 of 6
(0.1495 ACRE) 6,511 SQUARE FEET b)i A"
10' TEMPORARY CONSTRUCTION EASEMENT
XTO ENERGY INC. PROPERTY
T. PECK SURVEY, ABSTRACT NO. 1209
CITY OF NORTH RICHLAND HILLS
TARRANT COUNTY, TEXAS
BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND OUT OF T. PECK SURVEY, ABSTRACT
NO. 1209, CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS AND BEING A PORTION OF
4.772 ACRE; 0.2243 ACRE AND 4.51 ACRE TRACTS OF LAND AND CONVEYED TO XTO ENERGY INC.
BY DEED AND RECORDED IN COUNTY CLERK'S FILE NUMBERS D208151972; D208163431; AND
D208163432 RESPECTIVELY AND BEING A PORTION OF TRACT 2 OF BRENTWOOD ESTATES, AN
ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 388-97, PAGE 31 OF THE PLAT RECORDS OF TARRANT
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A POINT AT THE NORTHEAST CORNER OF LOT 73, BLOCK 2 OF STEEPLE RIDGE
ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET "A", SLIDE 1051, PLAT RECORDS OF
TARRANT COUNTY, TEXAS, SAID POINT BEING AT A DISTANCE OF NORTH 00* 28' 09" EAST 120.00
FEET FROM THE NORTH RIGHT—OF—WAY LINE OF TRAILS EDGE DRIVE AND BEING THE NORTHWEST
CORNER OF SAID 4.772 ACRE TRACT OF LAND CONVEYED TO XTO ENERGY INC. BY DEED AND
RECORDED IN COUNTY CLERK'S FILE NO. D208151972 AND BEING IN THE SOUTH LINE OF TRACT 1
OF ESTES PLACE TRACTS, AND RECORDED IN VOLUME 388-1, PAGE 85 OF THE DEED RECORDS
OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 89' 34' 42" EAST AND ALONG THE SOUTH L:NE OF SAID TRACT 1 OF ESTES
PLACE TRACTS AND THE NORTH LINE OF SAID 4.772 AC. XTO ENERGY INC. TRACT, FOR A
DISTANCE OF 15.00 FEET TO THE POINT BEGINNING FOR THIS DESCRIPTION;
THENCE SOUTH 89' 34' 42" EAST AND ALONG THE SOUTH LINE OF SAID TRACT 1 OF ESTES
PLACE TRACTS AND THE NORTH LINE OF SAID 4,772 AC. XTC ENERGY INC. TRACT, FOR A
DISTANCE OF 10.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 00' 28' 09" WEST AND LEAVING THE SOUTH LINE OF SAID TRACT I OF ESTES
PLACE TRACTS AND ACROSS SAID XTO ENERGY INC. TRACTS AND TRACT 2 OF BRENTWOOD ESTATES
OF FOR A DISTANCE OF 650.96 FEET TO A POINT FOR CORNER IN THE SOUTH LINE OF TRACT 2
OF BRENTWOOD ESTATES AND THE COMMON NORTH LINE OF A CALLED 4,51 ACRE TRACT OF LAND
CONVEYED TO L. H. NEWMAN 11 BY DEED AND RECORDED IN VOLUME 4858, PAGE 526 OF THE
DEED RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 89' 45' 30" WEST AND ALONG THE NORTH LINE OF SAID I NEWMAN TRACT AND
THE COMMON SOUTH LINE OF SAID TRACT 2 OF BRENTWOOD ESTATES, FOR A DISTANCE OF 10.00
FEET TO A POINT FOR CORNER, SAID POINT BEING AT A DISTANCE OF SOUTH 89' 45' 30" WEST
15.01 FEET FROM THE NORTHWEST CORNER OF SAID 4.51 AC — L. H. NEWMAN 11 TRACT;
THENCE NORTH 00' 28' 09" EAST AND DEPARTING THE NORTH I OF SAID 4.5 AC. L, H.
NEWMAN 11 TRACT, FOR A DISTANCE OF 651,25 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.1495 ACRES (6,511 SQUARE FEET) OF LAND, MORE OR LESS.
DAVID PE7REE
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 1890
SHEET 1 OF 2
Resolution No. 2O13-014
Page ovfs
TRACT 1, ESTES PLACE TRACTS 11 11
VOL. 388 -1, PG 85 I't)fNl Of �X� �'✓� U
7,5' UTILITY EASEVENi `PONT 0r �BEG INNINC7
CAB. 'A', SL. 1051 .- COMMENC.I.N CffY OF KELLER
-- ---- -- - -- --- -- -- - -- -- - -- - - -- CITY OF NORTH RICHLAND HILLS
EA SE 2 7.5' un I (110599')
STEEPLE RIDGE Ap 1T10N CAB. SL 1051 I I ..S 89 °34'42" E
C AB . A * , SL. IC51 I I I 10.00'
LOT 69 LOT 70 LOT 71 LOT 72 LOT 73 ",
25' BUILDING UNE
- - - _ - n'. SL 1 05 4,772 AC,
rn (I XTO ENERGY INC
CCFN 0208151972
TRIALS EDGE DRIVE ° z
I
, (� (1021,59')
I B L ..
zo' B.L. 50 ao' .. I
LOT 12 � 1 � LOT 1 1 I I LOT 49
I I 0. 1495 AC.
10' U E to a E. 1 I I 10 TEMP ORARY
- - - - CONSTRUCTION EASEMENT
1 1 ; W -4 I I I" 23408 AC.
I I m h I W XTO ENERGY INC
LOT t 3 LOT t 0 ^ LOT 48 N II _
I 1 H CCF# 0208163431
cc LO
to
GRAPHIC SCALE: 1"=100'
LOT 14 j I t v, LOT 9 m' LOT 47 I
� -
I I -
C3
_¢w 1 Ild
C) V TRACT 2
LOT 15 I I Y w a LOT 8 . wl ° LOT 46 N t I ( 00 BRENTWOOD ESTATES
J 1
- I cc at _j p 1 I I N VOL. 388-97, PG. 31
N l l m m I I l d
(CALLED 4 S1 AC.)
X 1'O ENERGY 114C
LOT 16 l i LOT 7 w LOT 45 yo11 �I ( CCF# 0208163432
I ..! � i J W •- I
m a mN
w<
I i
I
LOT 17 i ^ LOT 6 LOT 44 N�
it
I I
L07 18 i i LOT 5 LOT 43 -�._ S 89 - 45'30 " W
I 10.00'
t (CALLED 4.51 AC )
Lh. NEWMAN II
} VOLUME 4858, PG. 526
LOT 19 f LOT 4 LOT 42
fI MAP PREPARED
DATE: NOVEMBER 22, 2012
FROM SURVEYS,
EASE EX F1�T ' 4 � I e -1r DAVID PETREE
a REGISTERED PROFESSIONAL ;AND
6,511 S.F 10.1495 ACRE1 SURVEYOR NO. 1890
+11 f "E1 F
10' TEMPORARY CONSTRUCTION EASEMENT Hots MIDWAY ROAD
XTO ENERGY INC. PROPERTY ' �c.l DALLA TEXAS
' "` 214 358 -4500 PHONE
T. PECK SURVEY, ABSTRACT NO. 1209°` �214� 358 -4600 FAX
CITY OF NORTH RICHLAND HILLS
TARRANT COUNTY, TEXAS SHEET 2 OF 2
Resolution No. 2013 -014
Page 4 of 6
(0.2243 ACRE) 9,772 SQUARE FEET
15' SANITARY SEWER EASEMENT
XTO ENERGY INC. PROPERTY
T. PECK SURVEY, ABSTRACT NO. 1209
CITY OF NORTH RICHLAND HILLS
TARRANT COUNTY, TEXAS
BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND OUT OF T. PECK SURVEY, ABSTRACT
NO. 1209, CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS AND BEING A PORTION OF
4.772 ACRE; 0.2243 ACRE AND 4.51 ACRE TRACTS OF LAND AND CONVEYED TO XTO ENERGY INC.
BY DEED AND RECORDED IN COUNTY CLERK'S FILE NUMBERS D208151972; D208163431; AND
D208163432 RESPECTIVELY AND BEING A PORTION OF TRACT 2 OF BRENTWOOD ESTATES, AN
ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 388-97, PACE 31 OF rHE PLAT RECORDS OF TARRANT
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT AT THE NORTHEAST CORNER OF LOT 7 BLOCK 2 OF STEEPLE RIDGE
ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET "A", SLIDE 1051, PLAT RECORDS OF
TARRANT COUNTY, TEXAS, SAID POINT BEING AT A DISTANCE OF NORTH 00' 28' 09" EAST 120.00
FEET FROM THE NORTH RIGHT—OF—WAY LINE OF TRAILS EDGE DRIVE AND BEING THE NORTHWEST
CORNER OF SAID 4.772 ACRE TRACT OF LAND CONVEYED TO XTO ENERGY INC. BY DEED AND
RECORDED IN COUNTY CLERK'S FILE NO, D208151972, SAID POINT BEING IN THE SOUTH LINE OF
TRACT I OF ESTES PLACE TRACTS, AND RECORDED IN VOLUME 388-1, PAGE 85 OF THE DEED
RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 89' 34' 42" EAST AND ALONG THE SOUTH LINE OF SAID TRACT 1 OF ESTES
PLACE TRACTS AND THE NORTH LINE OF SAID 4.772 AC. XTO ENERGY INC. TRACT, FOR A
DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 00' 28' 09" WEST AND LEAVING THE SOUTH LINE OF SAID TRACT 1 OF ESTES
PLACE TRACTS AND ACROSS SAID XTO ENERGY TRACTS AND TRACT 2 OF BRENTWOOD ESTATES OF
FOR A DISTANCE OF 651.25 FEET TO A POINT FOR CORNER IN THE SOUTH LINE OF TRACT 2 OF
BRENTWOOD ESTATES AND THE COMMON NORTH LINE OF A CALLED 4.51 ACRE TRACT OF LAND
CONVEYED TO L. H. NEWMAN 11 BY DEED AND RECORDED IN VOLUME 4858, PACE 526 OF THE
DEED RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 89' 45' 30" WEST ALONG THE NORTH LINE OF SAID L.H. NEWMAN TRACT AND THE
COMMON SOUTH LINE OF SAID TRACT 2 OF BRENTWOOD ESTATES, FOR A DISTANCE OF 1501
FEET TO A POINT FOR CORNER IN THE EAST LINE OF LOT 44 OF BLOCK I OF STEEPLE RIDGE
ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET "A", SLIDE 1051, PLAT RECORDS OF
TARRANT COUNTY, TEXAS, SAME BEING THE NORTHWEST CORNER OF SAID 4.51 AC. — L. H.
NEWMAN 11 TRACT;
THENCE NORTH 00' 28' 09" EAST, ALONG THE EAST LINE OF BLOCK 1 OF STEEPLE RIDGE
ADDITION AND THE WEST LINES OF AFORESAID XTO ENERGY INC, TRACTS, FOR A DISTANCE OF
651.69 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.2243 ACRES (9,772 SQUARE FEET)
OF LAND, MORE OR LESS.
-----------
DAVID PETREE
REGISTERED PROFESSIONAL
tR F
LAND SURVEYOR NO. 1890 PE I�.�
SHEET 1 OF 2
Resolution No. 2013-014
Page 5 of 6
TRACT 1, ESTES PLACE TRACTS • > „ j ' 11
Vol. 388 - i PG. 85 S 89 42 E jCj'1 t 1 f
715 UTILITY EASE �' 1 5. QQ
CAB. 'A', SIL 1051 C1Tr OF KELLER
-- - --- --- ----- .----- ._..._._ _ --- __- .,_..___...._, CITY EIS' NORTH RICHLAND HILLS
BLOCK 2 7.5' uT1 n"y EASEMEN I I (t 105,49')
STEEPLE RIDGE AD ITION CAB, SL 1051
CAB, 'A SL. IC51 L
- 'A , SL I N
- - ' 'A DING LINE 4.772 AC. - z
LOT 69 LOT 70 LOT 1 LOT 72 LOT 73
2
Xt S ENERGY' INC
CCF# 0208151972
TRIALS EDGE DRIVE ° I
I I 20' S.L. 50 20' 61., I (1021.s9')
! I 1 _I... (559.71')
LOT 12 j j LOT 11 LOT 49
1 I 1 1 0.2243 AC.
I I 10' U.E. 10' u E i 15' SANITARY SEWER
- - - --
------ - - - -- Ie EASEMENT
I -- m l - OS N 2.7408 AC.
IoT 13 1 I LOT 10 1 I LOT ae I XTO ENERGY INC
CCF# 0208163431
I
�0 GRAPHIC SCALE: 1 "=100' !,
LOT 14 LOT 9 LOT 47 LV I
(906.81
TRACT 2
LOT 15 gu i x w ° LOT B m 0) BRENTWOOD wI ° LOT 46 N WOOD ESTATES
° I y- ° I d I I d VOL. 388 - 97, PG. 31
�I I p ° � I 4. OnI no O DO
I x Z I (CALLED 4 5 AC.)
\ I I m a m ¢ t I D XTO ENERGY INC
LOT 16 LOT 7 5 wol I CCF# D208 1 6343 2
w a w'i a
c� U U
I 1 h
v
LOT 17 N LOT 6 LOT 44 ° I
I 1
i I
N 89'45'30" E - 76!.76'
I I 1 1 E
S 89'4530" W
LOT 18 j j LOT 5 LOT 43 15 .0 1 '
1 1 I t I (CALLED 4.51 AC.)
I I L.N. NEW" It
VOLUME 4858, PG. 526
LOT 19 I I LOT 4 LOT 42 I
MAP PREPARED
DATE! NOVEMBER 22, 2012
FROM SURVEYS.
OF ey�
EA$EM9 T EXFi101T . . DAVID PETREE
9,772 S.F 10.2243 ACRE] 6A VIC~ P r l�Jj REGISTERED PROFESSIONAL LAND
ENT c � V." "k
15' SANITARY SEWER EASEM S l lwa RonD
XTO ENERGY INC. PROPERTY ' DALLAS, TEXAS
T. PECK SURVEY, ABSTRACT NO. 1205Ut (214) 358 -4500 P
CITY OF NORTH RICHLAND HILLS (214) 358 -4600 Fax
TARRANT COUNTY, TEXAS SHEET 2 OF 2
Resolution No. 2013 -014
Page 6 of 6