HomeMy WebLinkAboutResolution 2013-019 RESOLUTION NO. 2013 -019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, DECLARING THE NECESSITY TO
ACQUIRE FEE SIMPLE TITLE TO LAND DESCRIBED HEREIN,
AND AUTHORIZING THE ACQUISITION OF
PROPERTY RIGHTS NECESSARY FOR THE PUBLIC
USE AND PURPOSE OF A PUBLIC ROADWAY,
PUBLIC SIDEWALK AND PUBLIC PARKWAY, 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 use
and purpose of a public roadway, public sidewalk and public parkway and
that there exists a public necessity to acquire the property herein
described, for such public 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 public use and purpose of a public
roadway, public sidewalk and public parkway, 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
described in Exhibits A and B hereto for a public use, to wit a public
Resolution No. 2013 -019
Page 1 of 4
roadway, public sidewalk and public parkway, all as part of said public
roadway, public sidewalk and public parkway project, and to acquire the
necessary property rights in such described property from the owner of
such property, JMB Income Properties, Ltd. — X and any lienholder(s)
and /or parties in interest.
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 12 day of August, 2013.
CITY O ORTH HLAND HILLS
By:
Oscar TKevino, Mayor
ATTEST: = `
- rte`•. � .� �-
,r
ail • c.. °' -....0
V Patricia Hutson, City
APP V T FOR AND LEGALITY:
George A. Staples, J .,
City Attorney
Resolution No. 2013 -019
Page 2 of 4
EXHIBIT A
LEGAL DESCRIPTION
BEING 0.212 acre of land located in the W. W. WALLACE SURVEY, Abstract No. 1606,
Tarrant County, Texas, and being a portion of the tract of land conveyed to JMB Income
Properties, Ltd. by the deed recorded in Volume 8051, Page 316 of the Deed Records
of Tarrant County, Texas. Said 0.212 acre of land being particularly described by metes
and bounds as follows:
BEGINNING at a 1/2" iron rod marked "Brittain & Crawford ", set at the East corner of
Lot 1, Block E, CALLOWAY FARM ADDITION, to the City of North Richland Hills,
Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 1590 of the
Plat Records of Tarrant County, Texas and said point lying in the North boundary line of
Lot 1 R, Block D CALLOWAY FARM ADDITION, to the City of North Richland Hills,
Tarrant County, Texas according to the plat recorded in Volume 388 -186, Page 78 of
the Plat Records of Tarrant County, Texas;
THENCE N 42 23' 46" W 186.72 feet, along the Northeast boundary line of said Lot 1,
Block E, to an "X" cut in concrete, set at the North corner of said Lot 1, Block E, lying
in the Southeast right -of -way line of State Highway No. 26 (Grapevine Highway);
THENCE N 47 36' 14" E 49.76 feet, to a PK nail, set in the Southwest boundary line of
aforesaid Lot 1 R, Block D;
THENCE S 42 23' 46" E 167.10 feet, along the Southwest boundary line of said Lot
1 R, Block D, to a PK nail, set at the beginning of a curve to the right;
THENCE SOUTHWESTERLY 31.42 feet, along said curve to the right having a radius
of 20.00 feet, a central angle of 90 00' 00" and a chord bearing S 02° 36' 14" W
28.28 feet, to a PK nail, set at the end of said curve;
THENCE S 48 0 20' 24" W 29.76 feet, to the POINT OF BEGINNING containing 0.212
acre (9,219 square feet) of land.
Resolution No. 2013 -019
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EXHIBIT B
ND H FLOOD NOTE: � (817) RITTAIN &CRAWFORD
RICH ND
LAND SURVEYING 8
I ... NO PORTION OF THIS PROPERTY LIES WITHIN A R FLOOD TOPOGRAPHIC MAPPING
� I HAZARD ZONE, ACCORDING TO THE NATIONAL FLOOD LOOD I NSURANCE
PROGRAM'S FLOOD INSURANCE RATE MAP FOR TARRANT COUNTY, 926 -0211 - Nano (817) 429 -5112
TEXAS, AND INCORPORATED AREAS, COMMUNITY- PANEL NUMBER '" Ne. (617) 926 -93.7
48439CO205K, MAP REVISED SEPTEMBER 25, 2009. Po. no. I 374 • 0908 fioutH MEEWAY
FORT '0a
EWIL mmnoonlm �.n.r �a.9om
817E
HURST
LEGAL DESCRIPTION
VICINITY NAP BEING 0.212acreol MndlooeleEh Me W.W. WALLACE SURVEY,Abshacl- 606,Tananl County.
NOT TO SCALE
Texas. and being a patbn 80 tra of U conve
of M e yed I M , Ltd. by
the deed recorded h Volume Page 316 16 of the Deed d Rsc Rec ncome ords of C Cesounty,
Tevaa. saw 0.212 aoe or lan d be r g paruaJ ea�ro ild! eel ariy aed I meteor and bpanda ore
Ialwz:
LIVE OAK 2 -15" (50')0 BEGINNING eta 1R°Iron rvd marted'Br6U1n8CraxlorG. set at Me East corrlerd La i. Bbck E,
^� / GALLOWAY FARM ADDITION, to the CRY of North Richland HI6. Tenant County, Tells
ti
1/2 ROD FOUND according to the pill recorded In Cabled A, Side 15W of the Plet Re,-de of Tanenl
'. (WITH AN ALUMINUM CAP County, T.... and sorb pant lying h lee NorM bourbary ne O of Lot 1 R, BIp k D
STAMPED RPLS 4873) GALLOWAY FARM ADDRION,to the Qty of Nodh RicNand Hill, Tarrant Cpunry Texas
OLIVE OAK 18" (40') W—ding to the plat recorded In Vdume 388-186 Page 78 of the Rat Retold, of Tenant
\ \ \ L s \ County T....
THENCE N 42 46' W 186.72 feet ab M
rg Me Nh... t bourbary 1. of said Lot
\ 1 t y \ % 1, 81— E, to an'X cut In concrete, sat at Me Nod11 miner d sorb Lot 1, Blw* E. "KI M MI -
`\ LIGHT southeast rig —f—y Me of State HKI-ey W. 26 (GmpMMa Hlghwayl:
STANDARD OLIVE OAK 18 (40')
\ S� BASE THENCE N 4]° 36' 14• E 49.]6 feet, to a PK rut, set h the Souldvest —,y Me of
aforesaid Lot 1 R, Block D:
PK NA!
(77) S 42° 23' 46' E 167.10 felt. Wont;; the Southwest boundary ■1e of said Lot 1R,
\ 6 ti A
SET OC ' e. \ Block D, to a PK nal, set M the 1,10 -ft of a Curve to Me Not:
��10 4rlq [• THENCE SOUTHWESTERLY be
3132 feat, med saMl curveUthe dgM Iset redius of20o0
re
niral angle IN 90° 00' 00' aid a MoN aring S 02° %' 14'W 28.281eet, b e PK lull, set at
YE O r 2p �}
'K' W �; Me end d said curve:
j(I, SIGN '4 Y q22, THENCE S 4—D' 24" W 29.]6 feet to Vu POINT OF BEGINNING ol-In g 0.212 acre
CONCRETE BD Q+ 1.0 r ip, ^.`F 18,219 scuare ket)ol land.
J
r a
` Om t Oif x G.oq°
QYI-
'F&
O ct,
°4 t 0.212 AC"?�`° LIGHT
E3/ (8.219 SQ. FT.) O Cy ST
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0.7'
O4 /
o e o r
% �q \
e /
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°.
\ \'dL� r'oy0 5
SET
R= 20.00' \
LOT I, BLOCK E \.,�a ,t L--31.42' GALLOWAY FARM ADDITION CH =S 02'38'14' •
CAB. A, SL. 1590 28.28'
P.R. T. C. T.
PK NAA
rGp og Oy S t os �,
SET CERTIFICATION
�QW gCZtl. O2M'
TO THE CITY OF NORTH RICHLAND HILLS;
o� p d ry �e
0 M+ ry0 The undersigned does hereby certify that a survey was this day made on the ground on
t p the property legally described hereon or In attached laid notes prepared by the
SLV - SPRINKLER VALVE CONTROL Y I / undersigned, and is correct; that there are no visible discrepancies, conflicts, shortages
NAP LEGEND: gyp _ SANITARY SEWER CLEµWT X2 in area, boundary line conflicts, encroachments, overlapping of improvements, visible
AC AIR 001.011
AS - DRE SYSTEM AUTO SPRINKLER SLT - UGHT ITANOMD G easements or rights-of-way, except as shown on the plat heon; that said property has
BC _ BRICK COLUMN SP - STEEL POST 'BOLLARD' POINT OF BEGINNING access to and from a public roadway; and, That the plat hereof is a true, coned and
CC - CONCRETE COLUMN SV - SPRINKLER VALVE (1/2" OF ROD MARKED accurate representation of the property described hereinabovs. Further, Me undersigned
CUP - CORRUGATED METAL PIPE TPANEL - TELEPHONE PANEL "BRITAIN A CRAWF'ORD". SET) hereby cerDfles that he has calculated the q
E BO X
- ELECTRIC Box PP _
Gi - ORATE INLET P PA POLE BOX -BRITAIN tract shown on this P Y
plat of survey
and des Ubedoherson o acreage id co hTeed wi thin
GI -
GU - GAS METER RCP - REINFORCED CONCRETE PIPE / o notes, and certmes that th quantity of land shown Is correct. No portion of Ihls properly
DR - (' IAR RAIL MM - WATER METER is located within a I DO -year flood hazard area.
HR - HN10 RAIL WW - WINGWAU. / o
W WA
4HSS - SAN. SEWER H YNiHOIE W-VA - TER WAT V VAULT /
MHTEL - IElEFT10NE WWOLE - TER VALVE / SURVEYED ON THE GROUND
DECEMBER 28,2012
� 1 PQ� r EgE {
0
VHRIS L. RLEVwv 9". . BLEVINS
1R ° PG' 5792 r s REGISTERED PROFESSIONAL
V N 1��t (E \ �q'.• ° . ;[s s� O� LAND SURVEYOR
/ G'�� a/ ,t Hp Suft� STATE OF TEXAS NO. 5792
/ / \
SURVEY MAP
LOT 1R, AD B
L O
p1L IKIY FARM Aa0li7 OF
0.212 ACRE OF LAND
LOCATED IN THE
W.W. WALLACE SURVEY
ABSTRACT No. 1606
10 0 10• 20• 30 NORTH RICHLAND HILLS,
TARRANT COUNTY, TEXAS
GRAPHIC SCALE: 1" = 10' (J.U.) ...PmiacU \KH- NRH -CIW IfALL \KH -NRH -CITY TALL- BOUnoory S,," -50 Fool StNp.0p
Resolution No. 2013 -019
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