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HomeMy WebLinkAboutCC 2014-11-10 Agendas s 6 1 NRH NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TX 76180 MONDAY, NOVEMBER 10, 2014 WORK SESSION: 5:30 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Discuss revisions to accessory buildings regulations--Section 118-718, City of North Richland Hills Code of Ordinances. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.071: Confer with attorney to seek advice about pending or contemplated litigation- Smithfield Road Project eminent domain. 2. Section 551.072: Deliberate the purchase, exchange, lease or value of real property--(1) South sector of the City; and (2) Iron Horse Boulevard. 3. Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - City Manager. 4. Section 551.087: Deliberation regarding economic development negotiations in the south sector of the City. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers Monday November 10, 2014 City Council Agenda Page 1 of 3 A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER LOMBARD A.2 PLEDGE - COUNCIL MEMBER LOMBARD A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2014 Certificate of Achievement for Planning Excellence by the Texas Chapter of the American Planning Association and Recognition of Don Bowen as the 2014 Texas Planning Commissioner of the Year. A.3.2 2014 International Association of Chiefs of Police Awards - Outstanding Achievement in Law Enforcement Volunteer Programs and Excellence in Victim Services. A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approve Minutes of the October 27, 2014 City Council meeting. B.2 Approve Resolution No. 2014-029, Award of bid for the 40th Year CDBG Project- Harmonson Road sanitary sewer rehabilitation. C. PUBLIC HEARINGS C.1 RP 2014-05 Public Hearing and consideration of a request from Dustin Austin Enterprises, Inc for a Replat of Lots 14R and 15R, Block 2, Woodbert Addition located at 8213 and 8217 Sayers Lane. C.2 ZC 2014-17, Ordinance No. 3342 Public Hearing and consideration of a request from Levart Properties, LLC for the purpose of removing a previously approved Special Use Permit from the property located at 4005 Rufe Snow Drive. D. PLANNING AND DEVELOPMENT D.1 FP 2014-10 Consideration of a request from C and G Custom Homes for a final plat of Hawks Ridge Addition; being 15 residential lots on 5.415 acres located at 8900 and a portion of 8820 Martin Drive. Monday November 10, 2014 City Council Agenda Page 2 of 3 • 4 E. PUBLIC WORKS F. GENERAL ITEMS F.1 Consideration of the use of eminent domain to acquire property for a public use, such being a right of way for widening Smithfield Road — Resolution No. 2014- 028. F.2 Authorize City Manager to execute an agreement with Atmos Energy Corporation to provide energy-efficient weatherization measures to eligible residents in North Richland Hills. G. EXECUTIVE SESSION ITEMS H. INFORMATION AND REPORTS H.1 Announcements - Council Member Welch I. ADJOURNMENT A quorum of the Planning and Zoning Commission may be present at this meeting. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance Chapter 551, Texas Government Code on November 7, 2014 at 3:00 p.m. ""'�,,a' ot z: r • � h 1,Y / A _ L • r . City Secretary This facility is wheelchair accessible and accessible parking spaces are available. f Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. REMOVED FROM POSTING BOARD Date: r//A54.0* Monday November 10, 2014 City Council Agenda By Page 3 of 3 4 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Discuss items from regular City Council meeting. Presenter: Mark Hindman, City Manager Summary: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. General Description: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. Packet Pg.4 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Discuss revisions to accessory buildings regulations--Section 118-718, City of North Richland Hills Code of Ordinances. Presenter: Clayton Comstock, Senior Planner Summary: City staff will be presenting information to the City Council regarding Accessory Buildings and whether to consider allowing accessory building sizes based on land area not based on zoning districts. This item is also on the agenda for discussion at the November 6, 2014 Planning & Zoning Work Session. Any input from the Planning and Zoning Commission will be reviewed with the Council during Monday's discussion. General Description: In April 2014, the City Council held a joint work session with the Planning & Zoning Commission to discuss 3 major development topics. One of the topics was the appropriateness of "rural" areas in North Richland Hills and the use of the "R-1-S" zoning district category. While R-1-S continues to be a zoning district option for NRH property owners and can certainly be considered city-wide depending on the circumstances and context, the work session concluded with the Little Ranch Road and Valley Road areas of NRH as the target areas for "rural preservation" at this time. NRH residents typically request the R-1-S zoning for one of two reasons: farm animals or large accessory buildings. The purpose of this work session discussion is to consider the separation of accessory building size and zoning, so that one isn't forced to rezone to R-1-S for the purpose of requesting an SUP for a large accessory building. Doing so may artificially create or reinforce additional "rural" areas and complicate future development. The primary questions for Council are: 1. Should any zoning district—not just R-1-S—be allowed to request an SUP for large accessory buildings if they meet certain lot area criteria? Example: Should a 1-acre "R- 2" property be permitted to request an SUP for a large accessory building? 2. Should the maximum accessory building area cap be raised to 1,000 square feet (or other) for larger lots? The following table summarizes City Council's approval history of accessory buildings larger than 500 square feet since 2007: Packet Pg.6 D r4 NO&TH KICHLAND HILLS Case No. Location Approval Zoning Acc. Bldg Size Masonry? SUP 2008-01 7008 Douglas Ln 3/17/2008 AG 1,500 s.f. No, metal SUP 2010-06 7955 Bursey Rd 11/8/2010 AG 704 s.f. 100% SUP 2010-08 6800 Little Ranch Rd 12/13/2010 R-1-S 1,120 s.f. 100% SUP 2010-09 7609 North Forty Rd 5/9/2011 R-1-S 1,368 s.f. 100% SUP 2011-08 8912 Amundson Dr 12/12/2011 R-1-S 1,200 s.f. 100% SUP 2013-01 7416 Eden Rd 3/4/2013 AG 1,500 s.f. 100% SUP 2013-06 8713 Stewart 1/13/2014 R-1-S 3,100 s.f. Wainscot SUP 2014-03 7113 Douglas Ln 8/11/2014 R-1-S 1,000 s.f. One side r Chbt s.-W:Zl'N&N AL'oos Lj jj�6}mj■r omjts 4 2EUCijj ki 2§0 C-&E L:40 au4§t tc&.-w:zrft o■Gds Cc6'n441'Aj*-1&azA3Lv&jj ki moCLf alj*Am j�or s■oj+LL mnQJo 1'A ft t 1 ���,�,ol� �y�NO�v; ,f�t�,�Il�,IllU�lllllll l hl i�lr�'��`Y,�lrl�f�r�lll r �'lll�t)rllyaJ�lylr�i�l�/��1, Packet Pg.6< D r4 NO&TH KICHLAND HILLS ORDINANCE OPTIONS: Below are three options for the purpose of discussion. You can see by the beige text that staff is not proposing to decrease existing accessory building entitlements. Rather than "taking" entitlements away, all three options "give" more rights, options, and flexibility to the property owner. G � brri nn um wi iw, luu o uro � nn w I i III U � � IIII lUu I I III II Option 1: No Change Keep the existing policies and regulations in place. Only R-1-S and AG properties should be allowed to request SUPs for accessory buildings exceeding 500 square feet. We will continue to consider R-1-S zoning change requests city-wide even if the sole purpose of the request is for larger accessory buildings. Option 2: SUP allowed for any building over 500 SF Open it up. Remove the R-1-S connection to large accessory buildings and allow anyone to request an SUP for accessory buildings exceeding 500 square feet. Option 3: Proportion of lot size for 500-1000 SF, then SUP Lots less than 20,000 square feet can continue to have permanent accessory buildings 500 square feet or less, just as the regulations currently exist. Lots between 20,000 SF and 40,000 SF in size can have permanent accessory buildings equaling 2.5% of their lot area. Only lots greater than 40,000 SF can request an SUP for accessory buildings exceeding 1,000 SF. Staff is not recommending a change to the masonry requirements at this time but would certainly welcome discussion and input. Many of the recent SUP requests and permit inquiries have been for metal buildings. ALSO FOR DISCUSSION: As part of this revision, staff would also transfer the definition and regulations for secondary living units from Section 118-1 (Definitions) to Section 118-718 (Accessory Buildings & Structures). The current definition for"secondary living unit" is: Packet Pg.7 D r4 NO&TH KICHLAND HILLS Secondary living unit means a second single-family residential living unit with kitchen facilities, also known as a mother-in-law unit or granny flat, located on the same lot as the primary living unit. The secondary living unit is only for use by domestic persons and their family or a relative of the occupants of the primary living unit. This unit shall not be rented or leased. All secondary living units shall be constructed no more than 25 feet from the primary living quarters and be connected by a breezeway a minimum of six feet wide, attached to the roofline. This unit must be of the same architectural style as the primary structure and meet all standards as applied to the primary structure except: the requirement for minimum gross living area; the requirement for a garage/carport; and the off-street parking requirements. All secondary living units shall be a maximum of 650 square feet. The unit shall not have a separate utility meter. Packet Pg.8 D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Section 551.071: Confer with attorney to seek advice about pending or contemplated litigation- Smithfield Road Project eminent domain. Presenter: George Staples, City Attorney Packet Pg.9 D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Section 551.072: Deliberate the Purchase, Exchange, Lease or Value of Real Property--(1) South Sector of the City; and (2) Iron Horse Boulevard Presenter: Craig Hulse, Director of Economic Development Packet Pg. 10 D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - City Manager. Presenter: Mark Hindman, City Manager Packet Pg. II D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Section 551.087: Deliberation Regarding Economic Development Negotiations in the south sector of the City. Presenter: Craig Hulse, Director of Economic Development Packet Pg. 12 A.3.1 r4R NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: 2014 Certificate of Achievement for Planning Excellence by the Texas Chapter of the American Planning Association and Recognition of Don Bowen as the 2014 Texas Planning Commissioner of the Year. Presenter: Summary: Presentation and recognition of 2014 Certificate of Achievement for Planning Excellence and recognition of Don Bowen as the 2014 Texas Planning Commissioner of the Year. General Description: Wendy Shabay the current President of the Texas Chapter of the American Planning Association will be attending the City Council meeting to present the 2014 Certificate of Achievement for Planning Excellence to the City of North Richland Hills and also to recognize Don Bowen as the 2014 Texas state Planning Commissioner of the Year. A proclamation is also included to make November 10, 2014 as Don Bowen Day in the City of North Richland Hills. Recommendation: Packet Pg. 13 �p,,i,�';�p"'�°IP ���� 4111 4111 1"II 4111 4�1V ��, Ill �!E Clip EI IMi 1P, II EI CI Eli 4C ll NRH CITY OF NORTH RICHLAND HILLS r „ PROCLAMATION ^ ° WHEREAS, Don Bowen was first appointed serve on the North Richland Hills Planning & Zoning Commission in 1980, shortly after moving his family to the .^ community; and ofn ¢ WHEREAS, throughout the course of his 34 uninterrupted years of service a '" on the Commission, Mr. Bowen has displayed an unparalleled level of dedication and commitment to the growth and development of North Richland Hills; and X w4 WHEREAS, his record of service includes 11 years as the Planning & ' , w �- Zoning Commission Secretary, 1 year as Vice-Chairman, and 8 years as ,f E Chairman, and r " FL .u�•' WHEREAS, he has attended more than 550 Commission Meetings and maintained an attendance rate of 90%; and o N =a WHEREAS, during his tenure, Mr. Bowen and his fellow commissioners N w considered thousands of cases that have resulted in the development of more " than more than 35,000 new homes and hundreds of thousands of new commercial fs square footage; and " c m WHEREAS, Don was recently honored with the 2014 Planning Commissioner Award from the Texas Chapter of the American Planning Association, in recognition of his service and significant contribution to planning in ��„AA LJ Texas, and WHEREAS, Mr. Bowen's loyalty, commitment, and dedication to serving his m �Hrra community are a shining example for other elected and appointed officials. c o � NOW, THEREFORE, I Oscar Trevino, Mayor of the City of North Richland Hills, Texas do hereby proclaim November 10, 2014 as- 114 ± "Don Bowen Day" .w l a E in the City of North Richland Hills and urge all citizens to join in recognizing the many outstanding contributions he has made to our community. = a HL IN WITNESS WHEREOF, I have hereunto set my .. hand and caused the seal of the City of North Richland Hills to be affixed this the 10th day of November 2014. p;C) Oscar Trevino, Mayor r I�� �r �r �is B f. �i�k^, y• �ti/". �� �t r,? ry ♦ y { ° m✓ A.3.2 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: 2014 International Association of Chiefs of Police Awards: Outstanding Achievement in Law Enforcement Volunteer Programs and Excellence in Victim Services Presenter: Jimmy Perdue, Director of Public Safety Summary: The North Richland Hills Police Department's Volunteers in Police Service Program and the Crime Victim's Liaison Joint Program have been recognized for excellence by the International Association of Chiefs of Police. Police Chief Jimmy Perdue will be presenting the awards to representatives of both programs. General Description: At the 2014 International Association of Chiefs of Police (IACP) Annual Conference in Orlando last month, two North Richland Hills Police Department Programs were recognized for excellence. On October 25, 2014, the North Richland Hills Police Department Volunteers in Police Service (VIPS) Program was awarded the Outstanding Achievement in Law Enforcement Volunteer Programs. This award recognizes volunteer programs that demonstrate innovative, effective practices for augmenting sworn or civilian staff and/or improving service delivery to their communities. Since 2007, the VIPS program has grown to include 37 volunteers who serve the department and community in a variety of activities and has become an integral part of the police department. Teamwork, accompanied by professionalism, pride and integrity is the foundation of the NRHPD Volunteer Program and also their greatest success story. Their spirit of volunteerism is embodied in their willingness to give of their time and abilities to the community. Their dedicated service, teamwork, and commitment, along with their many accomplishments, provide evidence this is a volunteer program of distinction. On October 27, 2014, the Crime Victim's Liaison Joint Program received the Excellence in Victim Services Award. This award recognizes law enforcement agencies that demonstrate an innovative approach to meeting the needs of crime victims within their communities and best exemplify an organizational philosophy of placing victims at the center of their problem-solving efforts, utilizing effective partnerships, training methods and performance monitoring tools to enhance response to victims of crime. Packet Pg. 15 A.3.2 r4 NO&TH KICHLAND HILLS The Crime Victim's Liaison Joint Program is a collaboration between the cities of Richland Hills, North Richland Hills, Watauga and Haltom City. This regionalized crime victim liaison program provides a myriad of services including emergency housing for domestic violence victims, counseling, child care and briefings with officers. Since establishing the program, over 800 persons have received some form of victim's services and over 50 outreach programs have been conducted within the four jurisdictions. By utilizing a community approach, law enforcement is able to extend this restorative function to our crime victims by embracing and empowering them to act. We hope to help speed their overall recovery by demonstrating to victims that law enforcement and the community care about their safety and wellbeing. At the November 10, 2014 City Council Meeting, Police Chief Jimmy Perdue will be presenting the awards to representatives of both programs. Recommendation: N/A Packet Pg. 16 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Approve Minutes of the October 27, 2014 City Council Meeting. Presenter: Alicia Richardson, City Secretary Summary: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. General Description: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. Recommendation: To Approve the October 27, 2014 City Council Meeting Minutes. Packet Pg. 17 B.1.a MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 OCTOBER 27, 2014 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of October 2014 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 ; Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 a Staff Members: Mark Hindman City Manager o Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Mike Curtis Managing Director N Alicia Richardson City Secretary N George Staples City Attorney Mary Peters Public Information Officer 2 Kristin James Assistant to City Manager o John Pitstick Director of Planning & Development Larry Koonce Director of Finance Craig Hulse Director of Economic Development Kyle Spooner Director of Information Services Stan Tinney Fire Chief a Monica Solko Assistant City Secretary Kirk Marcum Assistant Fire Chief Mike Hamlin Assistant Police Chief Dave Pendley Chief Building Chief Caroline Waggoner City Engineer Call to Order Mayor Trevino called the meeting to order at 6:15 p.m. 1. Discuss items from regular City Council meeting. Packet Pg. 18 B.1.a There were no questions from Council. 2. Discuss best and final proposals for City's Solid Waste contract. Assistant to the City Manager Karen Bostic provided Council with an update on staff's review of the best and final proposals for the City's solid waste contract. Ms. Bostic informed Council staff is seeking direction regarding services for North Richland Hills— (1) current collection level, 65-gallon recycling cart, and four (4) cubic yards brush/bulk; (2) collection days (Monday-Friday), 65-gallon recycling cart, and 10 cubic yards brush/bulk; or (3) collection days (Monday-Saturday), 65-gallon recycling cart, and four (4) cubic yards brush/bulk. Ms. Bostic informed Council that staff would place an item on a future agenda (November or December) to approve the solid waste contract. Council discussed the number of collection days per week and the cubic yards for brush/bulk. Council directed staff to keep the current number for collection days and cubic yards for brush/bulk. 3. Discuss Results of Negotiated Sale of General Obligation Bonds and Certificates of Obligation 0 Director of Finance Larry Koonce provided an overview of the General Obligation Bonds Q and Certificates of Obligation that Council will be taking action on during their regular a meeting. Mr. Koonce informed Council the City's credit rating remains strong with a rating of Aa2 from Moody's and AA+ from Standard and Poor's. Mr. Koonce reviewed with Council the projects to be financed with the certificates of obligation. The Council is also being asked to consider the issuance and sale of general obligation refunding N and improvement bonds totaling $11,000,000. The sale will include the refunding of ti previously issued bonds at a lower interest rate saving interest expense (approximately L $1,000,000) over several years. Mr. Koonce introduced First Southwest Vice Chairman c David Medanich. 0 Mr. Medanich provided Council with an overview of the bond sales. He advised that the City will realize a savings of$1,022,783 after paying all expenses. E EXECUTIVE SESSION Q Mayor Trevino announced at 6:20 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 to confer with attorney to seek advice about pending or contemplated litigation—Smithfield Road project eminent domain; 551.072 to deliberate the purchase, exchange, lease or value of real property in the south sector of the city; and Section 551.087 deliberation regarding economic development negotiations in the south sector of the city. Executive Session began at 6:21 p.m. and concluded at 7:02 p.m. Mayor Trevino announced at 7:02 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING Packet Pg. 19 B.t.a A. CALL TO ORDER Mayor Trevino called the meeting to order October 27, 2014 at 7:09 p.m. ROLL CALL Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager o Mike Curtis Managing Director C Alicia Richardson City Secretary George Staples City Attorney o Monica Solko Assistant City Secretary A.1 INVOCATION N ti N Council member Turnage gave the invocation. 0 A.2 PLEDGE o Council member Turnage led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) a A.3.1 RECOGNITION AND PRESENTATION OF AWARD FOR THE COMMON GROUND COMMUNITY GARDEN PROJECT. Master Gardener Dr. Dick Pafford from the Tarrant County Master Gardener Association presented Dianne Spradling and Sandra Totty with the Exemplary Achievement in Search for Excellence award for the development of a Junior Master Gardener (JMG) program at the Common Ground Community Garden. AA CITIZENS PRESENTATION Packet Pg.20 B.t.a Mr. Geoffrey Wills, 5140 Jennings Drive, spoke in opposition to the proposed sidewalks scheduled for the Jennings Drive reconstruction project. Mr. Robert Dorety, 5132 Jennings Drive, spoke in opposition to the proposed sidewalks scheduled for the Jennings Drive reconstruction project. Mr. Monty Tobe Hensley, 5144 Jennings Drive, spoke in opposition to the proposed sidewalks scheduled for the Jennings Drive reconstruction project. Mr. Hensley informed Council that he circulated a petition and obtained 150 signatures from residents on Jennings Drive. Mr. Bruce Jacobson, 5113 Jennings Drive, spoke in opposition to the proposed sidewalks scheduled for the Jennings Drive reconstruction project. Mr. Lewis Chadwick, 8320 Dude Court, spoke in opposition to the proposed sidewalks scheduled for the Jennings Drive reconstruction project. ; A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA 0 L There were no items removed from the consent agenda. a B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS ti 0 APPROVED 0 N B.1 APPROVE PURCHASE OF DUMP TRUCKS FROM SOUTHWEST ti INTERNATIONAL TRUCKS IN THE AMOUNT OF $326,070.96. 0 B.2 APPROVE PURCHASE FROM SAM PACK'S FIVE STAR FORD FOR LIGHT- o DUTY VEHICLES IN THE AMOUNT OF $247,849.45. 0 B.3 APPROVE PURCHASE FROM CALDWELL COUNTRY CHEVROLET FOR E TWO CHEVROLET 3500HD TRUCKS WITH SERVICE BODIES IN THE AMOUNT OF $81,426. Q B.4 AUTHORIZE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT WITH DALLAS AREA RAPID TRANSIT FOR USE OF RIGHT-OF-WAY FOR THE COTTON BELT TRAIL. B.5 CONSIDER PURCHASE FROM VISTA COM FOR A GRANT-FUNDED COMMUNICATIONS CENTER RECORDING SYSTEM IN THE AMOUNT OF $71,170. B.6 AUTHORIZE CANCELLATION OF THE NOVEMBER 24 AND DECEMBER 22, 2014 CITY COUNCIL MEETINGS. Packet Pg.21 B.t.a B.7 APPROVE ORDINANCE NO. 3335, ABANDON UNUSED RIGHT-OF-WAY AT 6936 SMITHFIELD ROAD, PORTION OF LOT 7 - BLOCK 8, SMITHFIELD ACRES ADDITION. B.8 APPROVE UTILITY EASEMENT DEDICATION AT 6936 SMITHFIELD ROAD, PORTION OF LOT 7 - BLOCK 8, SMITHFIELD ACRES ADDITION. B.9 AUTHORIZE CITY MANAGER TO EXECUTE A JOINT RESOLUTION WITH TARRANT COUNTY FOR 800 MHZ RADIO MAINTENANCE SERVICES B.10 APPROVE CONTRACT RENEWAL WITH INTEGRATED FORENSIC LABORATORIES (IFL) IN THE AMOUNT OF $58,473.84. B.11 APPROVE MINUTES OF THE OCTOBER 13, 2014 CITY COUNCIL MEETING. COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. > 0 L Q C. PUBLIC HEARINGS Q There were no items for this category. o D. PLANNING AND DEVELOPMENT o N D.1 CONSIDER ORDINANCE NO. 3333, ADOPTING THE 2012 INTERNATIONAL L BUILDING CODE. APPROVED 0 Chief Building Official Dave Pendley presented items D1, D2, D3, D4, and D5. Mr. Pendley provided Council with a review of the proposed changes to the 2012 E international building codes. Q Council had no questions for staff. Mayor Trevino announced that he would entertain a motion for Ordinances 3333, 3336, 3338, 3337, and 3339. COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE ORDINANCES 3333, 3336, 3338, 3337, AND 3339. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. D.2 CONSIDER ORDINANCE NO. 3336, ADOPTING THE 2012 INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLING. APPROVED Packet Pg.22 B.t.a This item was presented in conjunction with items D1, D3, D4, and D5. Council took action on this item earlier in the meeting. D.3 CONSIDER ORDINANCE NO. 3338, ADOPTING THE 2012 INTERNATIONAL MECHANICAL CODE. APPROVED This item was presented in conjunction with items D1, D2, D4, and D5. Council took action on this item earlier in the meeting. DA CONSIDER ORDINANCE NO. 3337, ADOPTING THE 2012 INTERNATIONAL PLUMBING CODE. APPROVED This item was presented in conjunction with items D1, D2, D3, and D5. Council took a action on this item earlier in the meeting. E D.5 CONSIDER ORDINANCE NO. 3339, ADOPTING THE 2012 INTERNATIONAL Q FUEL GAS CODE. Q APPROVED ti 0 This item was presented in conjunction with items D1, D2, D3, and D4. Council took action on this item earlier in the meeting. 0 N E. PUBLIC WORKS N L d There were no items for this category. 2 V 0 F. GENERAL ITEMS >_ F.1 CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, .2 TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014", INCLUDING THE ADOPTION OF ORDINANCE NO. 3340 AUTHORIZING THE ISSUANCE OF SUCH CERTIFICATES OF OBLIGATION. APPROVED Director of Finance Larry Koonce presented items F1 and F2. Mr. Koonce reviewed with Council the following projects to be financed with the certificates of obligation: • $18,600,000 — City Hall project • $2,900,000 — Rufe Snow street improvements from Mid-Cities to Hightower • $270,000 — complete the Animal Adoption & Rescue Center project October 27, 2014 City Council Minutes Page 6 of 14 Packet Pg.23 B.t.a • $3,000,000 — replace CAD/RMS public safety software program • $200,000 — replace an asphalt paver Mr. Koonce informed Council the City's credit rating remains strong with a rating of Aa2 from Moody's and AA+ from Standard and Poor's. The Council is also being asked to consider the issuance and sale of general obligation refunding and improvement bonds totaling $11,000,000. The sale will include the refunding of previously issued bonds at a lower interest rate saving interest expense (approximately $1,000,000) over several years. Mr. Koonce introduced First Southwest Vice Chairman David Medanich. Mr. Medanich provided Council with an overview of the bond sales. He advised that the City will realize a savings of $1,022,783 after paying all expenses. Mr. Medanich was available to answer questions from Council. Council had no questions for Mr. Koonce or Mr. Medanich. MAYOR PRO TEM WRIGHT OUJESKY MOVED TO APPROVE F1, ORDINANCE NO. 3340. COUNCIL MEMBER WELCH SECONDED THE MOTION. 0 L MOTION TO APPROVE CARRIED 7-0. CL Q Council took additional action on item later in the meeting. 0 F.2 CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, N GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, N SERIES 2014", INCLUDING THE ADOPTION OF ORDINANCE NO. 3341 AUTHORIZING THE ISSUANCE OF SUCH BONDS AND PROVIDING FOR o THE REDEMPTION OF THE OBLIGATIONS BEING REFUNDED. o APPROVED 0 This item was presented in conjunction with item F1. E COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE ITEM F2, ORDINANCE NO. 3341. Q COUNCIL MEMBER WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. Council took additional action on item later in the meeting. F.3 CONSIDERATION OF THE USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY FOR A PUBLIC USE, SUCH BEING A RIGHT OF WAY FOR WIDENING SMITHFIELD ROAD — RESOLUTION NO. 2014-027. APPROVED October 27, 2014 City Council Minutes Page 7 of 14 Packet Pg.24 B.t.a COUNCIL MEMBER LOMBARD MOVED THAT THE CITY COUNCIL AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE THE FOLLOWING DESCRIBED PROPERTY FOR THE SMITHFIELD ROAD WIDENING PROJECT, A PUBLIC USE AND ADOPT RESOLUTION N0.2014-027. THE PROPERTY TO BE ACQUIRED IS ALL LOCATED IN THE JOHN H. BARLOUGH SURVEY, ABSTRACT NO. 130 IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS AND IS DESCRIBED AS FOLLOWS: PARCEL 2 BEGINNING AT THE SOUTHWEST CORNER OF A 4.2660 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN DOCUMENT NO. D212025704 IN THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS; THENCE NORTH 00 DEGREES 22 MINUTES 44 SECONDS WEST, ALONG THE EAST RIGHT-OF- WAY LINE OF SMITHFIELD ROAD, A DISTANCE OF 394.99 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, NOT BEING TANGENT TO THE PRECEDING COURSE, HAVING A RADIUS OF 1,080.66 FEET, WHOSE CHORD BEARS NORTH 88 DEGREES 13 MINUTES 56 SECONDS EAST, A DISTANCE OF 44.74 FEET; 0 L THENCE NORTHEASTERLY, DEPARTING SAID EXISTING EAST RIGHT-OF-WAY LINE, ALONG THE Q SOUTH RIGHT-OF WAY LINE OF MID CITIES BOULEVARD AND ALONG SAID CIRCULAR CURVE TO Q THE LEFT THROUGH A CENTRAL ANGLE OF 02 DEGREES 22 MINUTES 20 SECONDS, AN ARC LENGTH OF 44.74 FEET TO A POINT FOR CORNER; ° THENCE SOUTH 43 DEGREES 43 MINUTES 28 SECONDS WEST, DEPARTING SAID SOUTH c RIGHT-OF-WAY LINE,A DISTANCE OF 43.08 FEET TO A POINT FOR CORNER; N ti N THENCE SOUTH 00 DEGREES 23 MINUTES 26 SECONDS EAST, A DISTANCE OF 159.81 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF c 960.50 FEET, WHOSE CHORD BEARS SOUTH 01 DEGREE16 MINUTES 37 SECONDS EAST, A 0 DISTANCE OF 29.72 FEET; d THENCE SOUTHEASTERLY, CONTINUING ALONG SAID NEW EAST RIGHT-OF-WAY LINE AND E ALONG SAID CIRCULAR CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 01 DEGREE 46 MINUTES 22 SECONDS,AN ARC LENGTH OF29.72 FEET TO A POINT FOR CORNER; Q THENCE SOUTH 02 DEGREES 09 MINUTES 48 SECONDS EAST A DISTANCE OF 57.28 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 634.00 FEET,WHOSE CHORD BEARS SOUTH 00 DEGREES 25 MINUTES 43 SECONDS WEST, A DISTANCE OF 57.34 FEET; THENCE SOUTHWESTERLY, CONTINUING ALONG SAID NEW EAST RIGHT-OF-WAY LINE AND ALONG SAID CIRCULAR CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 05 DEGREES 11 MINUTES 02 SECONDS, AN ARC LENGTH OF 57.36 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 566.00 FEET,WHOSE CHORD BEARS SOUTH 00 DEGREES 23 MINUTES 56 SECONDS WEST,A DISTANCE OF51.78 FEET; October 27, 2014 City Council Minutes Page 8 of 14 Packet Pg.25 B.t.a THENCE SOUTHWESTERLY, CONTINUING ALONG SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 14 MINUTES 37 SECONDS, AN ARC LENGTH OF 51.80 FEET TO A POINT FOR CORNER; THENCE SOUTH 45 DEGREES 50 MINUTES 40 SECONDS EAST A DISTANCE OF 13.61 FEET TO A POINT FOR CORNER ON SAID NORTH RIGHT-OF WAY LINE; THENCE NORTH 89 DEGREES 43 MINUTES 42 SECONDS WEST, ALONG SAID NORTH RIGHT- OF-WAY LINE, A DISTANCE OF 25.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 6,585 SQUARE FEET OR 0.1512 ACRES OF LAND, MORE OR LESS. PARCEL 3 BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF MID CITIES BOULEVARD AND THE EXISTING WEST RIGHT-OF-WAY SMITHFIELD ROAD AND BEING THE NORTHEAST CORNER OF LOT 1, BLOCK 1, CENTER POINT ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AS RECORDED IN CABINET A, PAGE 8327 (DOCUMENT NO. D203164728) IN THE PLAT RECORDS OF TARRANT COUNTY, TEXAS AND DESCRIBED IN IN A SPECIAL WARRANTY DEED WITH VENDORS LIEN TO CENTERPOINT 2 COMMUNITY BAPTIST CHURCH, AS RECORDED IN VOLUME 15466, PAGE 307 IN THE OFFICIAL c RECORDS OF TARRANT COUNTY, TEXAS; Q CL THENCE SOUTH 00 DEGREES 29 MINUTES 04 SECONDS EAST, ALONG SAID EXISTING WEST Q RIGHT-OF-WAY LINE, A DISTANCE OF 312.81 FEET TO THE INTERSECTION OF SAID EXISTING c WEST RIGHT-OF-WAY LINE AND THE NEW WEST RIGHT-OF-WAY LINE OF SMITHFIELD ROAD, BEING THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, NOT BEING TANGENT TO THE PRECEDING COURSE, HAVING A RADIUS OF 634.00 FEET, WHOSE CHORD BEARS NORTH 04 C*4 DEGREES 37 MINUTES 42 SECONDS WEST,A DISTANCE OF 54.54 FEET; N L THENCE NORTHWESTERLY, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE, ALONG c SAID NEW WEST RIGHT-OF-WAY LINE AND ALONG SAID CIRCULAR CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 04 DEGREES 55 MINUTES 48 SECONDS, AN ARC LENGTH OF 0 54.55 FEET TO A POINT FOR CORNER; E THENCE NORTH 02 DEGREES 09 MINUTES 48 SECONDS WEST, CONTINUING ALONG SAID NEW WEST RIGHT OF-WAY LINE, A DISTANCE OF 49.12 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 1,039.50 FEET, WHOSE CHORD BEARS Q NORTH 01 DEGREES 16 MINUTES 37 SECONDS WEST,A DISTANCE OF32.16 FEET; THENCE NORTHWESTERLY, CONTINUING ALONG SAID NEW WEST RIGHT-OF-WAY LINE AND ALONG SAID CIRCULAR CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 01 DEGREE 46 MINUTES 22 SECONDS,AN ARC LENGTH OF32.16 FEET TO A POINT FOR CORNER; THENCE NORTH 00 DEGREES 23 MINUTES 26 SECONDS WEST, CONTINUING ALONG SAID NEW WEST RIGHTOF-WAY LINE,A DISTANCE OF 147.17 FEET TO A POINT FOR CORNER; THENCE NORTH 45 DEGREES 22 MINUTES 36 SECONDS WEST, CONTINUING ALONG SAID NEW WEST RIGHT OF-WAY LINE, A DISTANCE OF 42.44 FEET TO A 1/2-INCH SET IRON ROD WITH CAP FOR CORNER ON SAID SOUTH RIGHT-OF-WAY LINE; October 27, 2014 City Council Minutes Page 9 of 14 Packet Pg.26 B.t.a THENCE NORTH 89 DEGREES 38 MINUTES 15 SECONDS EAST, DEPARTING SAID NEW WEST RIGHT-OF-WAY LINE AND ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 35.53 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,996 SQUARE FEET OR 0.0458 ACRES OF LAND, MORE OR LESS. PARCEL BEING A PART OF THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED WITH VENDORS LIEN TO C30 HEALTH SAVINGS ACCOUNTS CORPORATION, AS RECORDED IN DOCUMENT NO. D21 1 28721 5 IN THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, BEING PART OF LOT 1, BLOCK 1, MEACHAM ADDITION AN ADDITION NEAR THE CITY OF SMITHFIELD, TARRANT COUNTY, TEXAS, AS RECORDED IN VOLUME 1789, PAGE 376 IN THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON SOUTHEAST COMER OF SAID LOT 2 AND THE NORTHEAST COMER OF SAID LOT 1, BLOCK 1; d THENCE SOUTH 00 DEGREES 23 MINUTES 02 SECONDS EAST, CONTINUING ALONG THE EXISTING WEST RIGHT-OF-WAY LINE OF SMITHFIELD ROAD, A DISTANCE OF 100.40 FEET TO A 2 POINT FOR COMER ON THE NORTH RIGHT-OF-WAY LINE OF MID CITIES BOULEVARD; c L THENCE SOUTH 89 DEGREES 39 MINUTES 02 SECONDS WEST, DEPARTING SAID EXISTING C WEST RIGHT-OF WAY LINE AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 58.63 FEET TO A 1/2-INCH SET IRON ROD WITH YELLOW PLASTIC CAP STAMPED °HALFF ASSOC. ti INC." (HEREINAFTER REFERRED TO AS "WITH CAP") ON THE NEW WEST RIGHT-OF-WAY LINE OF SMITHFIELD ROAD; 0 THENCE NORTH 44 DEGREES 36 MINUTES 46 SECONDS EAST, DEPARTING SAID NORTH ti RIGHT-OF-WAY LINE AND ALONG SAID NEW WEST RIGHT-OF-WAY LINE, A DISTANCE OF 50.01 L FEET TO A 1/2-INCH SET IRON ROD WITH CAP FOR COMER; c THENCE NORTH 00 DEGREES 23 MINUTES 26 SECONDS WEST, CONTINUING ALONG SAID NEW p WEST RIGHT OF-WAY LINE, A DISTANCE OF 65.00 FEET TO A 1/2-INCH SET IRON ROD WITH CAP FOR COMER ON THE COMMON LINE BETWEEN SAID LOT 1 AND SAID LOT 2; 0 m THENCE NORTH 89 DEGREES 36 MINUTES 58 SECONDS EAST, DEPARTING SAID NEW WEST RIGHT-OF-WAY LINE AND ALONG SAID COMMON LINE, A DISTANCE OF23.28 FEET TO THE Q POINT OF BEGINNING AND CONTAINING 2,962 SQUARE FEET OR 0.0680 ACRES OF LAND, MORE OR LESS. PARCEL? BEING A PART OF THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED TO C & J ENTERPRISES, AS RECORDED IN VOLUME 104034, PAGE 311 IN THE OFFICIAL RECORDS OF TARRANT COUNTY, TEXAS, BEING A PART OF LOT LR, BLOCK 2, MEACHAM ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AS RECORDED IN CABINET B, PAGE 571 (DOCUMENT NO. D192030794) IN THE PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: October 27, 2014 City Council Minutes Page 10 of 14 Packet Pg.27 B.t.a BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT LR AND BEING THE INTERSECTION OF THE EXISTING WEST RIGHT-OF-WAY LINE OF SMITHFIELD ROAD AND THE NORTH RIGHT-OF-WAY LINE OF ARTHUR DRIVE; THENCE SOUTH 89 DEGREES 34 MINUTES 48 SECONDS WEST,ALONG SAID NORTH RIGHT-OF- WAY LINE, A DISTANCE OF 18.38 FEET TO A 1/2-INCH SET IRON ROD WITH YELLOW PLASTIC CAP STAMPED °HALFF ASSOC. INC." (HEREINAFTER REFERRED TO AS "WITH CAP") ON THE NEW WEST RIGHT-OF-WAY LINE OF SMITHFIELD ROAD (VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 44 DEGREES 35 MINUTES 41 SECONDS EAST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE AND ALONG SAID NEW WEST RIGHT-OF-WAY LINE, A DISTANCE OF 14.15 FEET TO A 1/2-INCH SET IRON ROD WITH CAP FOR CORNER; THENCE NORTH 00 DEGREES 23 MINUTES 26 SECONDS WEST, CONTINUING ALONG SAID NEW WEST RIGHT OF-WAY LINE, A DISTANCE OF 4.58 FEET TO A 1/2-INCH SET IRON ROD WITH CAP FOR THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 634.00 FEET, WHOSE CHORD BEARS N011H 02 DEGREES 21 MINUTES 12 SECONDS EAST, A DISTANCE OF 60.70 FEET; THENCE NORTHEASTERLY, CONTINUING ALONG SAID NEW WEST RIGHT-OF-WAY LINE AND c ALONG SAID CIRCULAR CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 05 DEGREES 29 Q MINUTES 16 SECONDS, AN ARC LENGTH OF 60.72 FEET TO THE POINT OF REVERSE CURVATURE Q OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 566.00 FEET,WHOSE CHORD BEARS NORTH 03 DEGREES 07 MINUTES 58 SECONDS EAST, A DISTANCE OF 38.80 FEET; o THENCE NORTHEASTERLY, CONTINUING ALONG SAID NEW WEST RIGHT-OF-WAY LINE AND ALONG SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 03 DEGREES 55 C*4 MINUTES 43 SECONDS FOR AN ARC LENGTH OF38.81 FEET TO A 1/2-INCH SET IRON ROD WITH N CAP FOR CORNER AT THE INTERSECTION OF SAID NEW WEST RIGHT-OF-WAY AND SAID EXISTING WEST RIGHT-OF-WAY LINE; c THENCE SOUTH 00 DEGREES 25 MINUTES 12 SECONDS EAST, DEPARTING SAID NEW WEST 0 RIGHT-OF-WAY LINE AND ALONG SAID EXISTING WEST RIGHT-OF-WAY LINE, A DISTANCE OF 113.94 FEET TO THE POINT OF BEGINNING AND CONTAINING 430 SQUARE FEET OR E 0.0099 ACRES OF L AND, MORE OR LESS. PARCELS Q BEING A PART OF THAT CALLED 4.998 ACRE TRACT OF LAND DESCRIBED IN WARRANTY DEED WITH VENDORS LIEN TO DAVIS COMMONS LIMITED PARTNERSHIP, AS RECORDED IN DOCUMENT NO. D205126174 IN THE OFFICIAL RECORDS OF TARRANT COUNTY, TEXAS, AND BEING A PART OF LOT 15R, BLOCK H SMITHFIELD ADDITION, AN ADDITION TO THE CITY OFN011H RICHLAND I-(ILLS, AS RECORDED IN CABINET A, PAGE 11559 (DOCUMENT NO. D206373636) IN THE PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8-INCH FOUND IRON ROD AT THE COMMON NORTHWEST CORNER OF SAID LOT 15R, THE SOUTHWEST CORNER OF LOT 11R, BLOCK H SMITHFIELD ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AS RECORDED October 27, 2014 City Council Minutes Page 11 of 14 Packet Pg.28 B.t.a IN CABINET A, PAGE 10561 (DOCUMENT NO. D205289157), P.R.T.C.T. AND BEING ON THE EXISTING EAST RIGHT-OF-WAY LINE OF SMITHFIELD ROAD (VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 89 DEGREES 24 MINUTES 51 SECONDS EAST, ALONG THE COMMON LINE BETWEEN SAID LOT 1511 AND SAID LOT 11R, A DISTANCE OF 0.96 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, NOT BEING TANGENT TO THE PRECEDING COURSE, HAVING A RADIUS OF 566.00 FEET, WHOSE CHORD BEARS SOUTH 04 DEGREES 51 MINUTES 48 SECONDS EAST, A DISTANCE OF20.05 FEET; THENCE SOUTHEASTERLY, DEPARTING SAID COMMON LINE,ALONG SAID NEW EAST RIGHT-OF- WAY LINE AND ALONG SAID CIRCULAR CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 02 DEGREES 01 MINUTE 48 SECONDS, AN ARC LENGTH OF 20.05 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 634.00 FEET, WHOSE CHORD BEARS SOUTH 03 DEGREES 08 MINUTES 04 SECONDS EAST, A DISTANCE OF 60.70 FEET; THENCE SOUTHEASTERLY, CONTINUING ALONG SAID NEW EAST RIGHT-OF-WAY LINE AND ALONG SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 29 MINUTES 16 E SECONDS, AN ARC LENGTH OF 60.72 FEET TO A 1/2-INCH SET IRON ROD WITH CAP FOR d CORNER; o CL THENCE SOUTH 00 DEGREES 23 MINUTES 26 SECONDS EAST, CONTINUING ALONG SAID NEW Q EAST RIGHTOF-WAY LINE, A DISTANCE OF 240.78 FEET TO A 1/2-INCH SET IRON ROD WITH CAP FOR CORNER; o THENCE SOUTH 46 DEGREES 21 MINUTES 43 SECONDS EAST, CONTINUING ALONG SAID NEW EAST RIGHT OF-WAY LINE, A DISTANCE OF 48.65 FEET TO A 1/2-INCH SET IRON ROD WITH CAP C*4 ON THE NORTH RIGHT-OF WAY LINE OF MID CITIES BOULEVARD BEING ON A CIRCULAR CURVE N TO THE RIGHT, NOT BEING TANGENT TO THE PRECEDING COURSE, HAVING A RADIUS OF 970.66 FEET,WHOSE CHORD BEARS SOUTH 87 DEGREES 49 MINUTES 54 SECONDS WEST, A DISTANCE c OF 40.68 FEET; 0 THENCE SOUTHWESTERLY, DEPARTING SAID NEW EAST RIGHT-OF-WAY LINE, ALONG SAID N011H RIGHT-OF WAY LINE AND ALONG SAID CIRCULAR CURVE TO THE RIGHT THROUGH A E CENTRAL ANGLE OF 02 DEGREES 24 MINUTES 06 SECONDS, AN ARC LENGTH OF 40.69 FEET TO A 1/2-INCH FOUND IRON ROD WITH CAP STAMPED °RPLS 4151° FOR THE INTERSECTION OF Q SAID NORTH RIGHT-OF-WAY LINE AND SAID EXISTING EAST RIGHT-OF WAY LINE; THENCE N01 1H 00 DEGREES 20 MINUTES 58 SECONDS WEST, DEPARTING SAID NORTH RIGHT- OF-WAY LINE AND ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE, A DISTANCE OF 356.47 FEET TO THE POINT OF BEGINNING AND CONTAINING 2,464 SQUARE FEET OR 0.0566 ACRES OF LAND, MORE OR LESS. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK SESSION AGENDA October 27, 2014 City Council Minutes Page 12 of 14 Packet Pg.29 B.t.a There was no action required by Council as the result of Executive Session. Mayor Trevino announced that items F1 and F2 required specific language in the motion by Council. MAYOR PRO TEM WRIGHT OUJESKY AMENDED HER MOTION FOR ITEM F1 TO AUTHORIZE THE ISSUANCE OF THE "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014" ON THE TERMS REVIEWED AT THIS MEETING AND ADOPT ORDINANCE NO. 3340 AUTHORIZING SUCH CERTIFICATES. COUNCIL MEMBER WELCH SECONDED THE AMENDED MOTION. MOTION TO APPROVE CARRIED 7-0. COUNCIL MEMBER RODRIGUEZ AMENDED HIS MOTION FOR ITEM F2 TO AUTHORIZE THE in ISSUANCE OF THE "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2014", ON THE TERMS REVIEWED AT THIS MEETING AND ADOPT ORDINANCE NO. 3341 AUTHORIZING SUCH BONDS AND THE REDEMPTION OF THE OBLIGATIONS BEING REFUNDED. COUNCIL MEMBER WHITSON SECONDED THE CL AMENDED MOTION. CL Q MOTION TO APPROVE CARRIED 7-0. ti 0 H. INFORMATION AND REPORTS 0 N H.1 ANNOUNCEMENTS N L d Mayor Pro Tern Wright Oujesky made the following announcements. o 0 Early voting for the state, county and school district elections continues through Friday, October 31 at the NRH Public Library and the Dan Echols Center. To view a sample 4) ballot, voting hours and more information, visit the Tarrant County Elections website or call 817-831-8683. a The North Richland Hills Fire Department will host an Open House from 10:30 a.m. to 2:00 p.m. on Saturday, November 1, on the grounds of NRH2O Family Water Park. There will be fire trucks on display, a fire safety house, demonstrations, educational booths, games, refreshments and more. Bring the family to enjoy this free event! For more information, contact Fire Administration at 817-427-6900. The Tarrant Makers and the North Richland Hills Public Library will host their 2nd Annual 3D Printer Expo from 10:00 a.m. to 2:00 p.m. on Saturday, November 8 in the Community Room at the Library. The expo will feature live-printed 3D objects and professional grade 3D printers. Please visit the Library's website or call 817-427-6823 for more information. October 27, 2014 City Council Minutes Page 13 of 14 Packet Pg.30 B.t.a Kudos Korner — David Russell of the Public Works Department — A citizen called to commend David Russell for answering his questions and concerns about the flooplain. The resident said David did quite a bit of research, which he greatly appreciated. "He went above and beyond the call of duty. I really appreciate that and I have a much higher opinion of city hall when I get service like that." I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:16 p.m. Oscar Trevino, Mayor ATTEST: 0 L Q Q Q Alicia Richardson, City Secretary ti 0 0 N ti N L d V 0 d E V Q October 27, 2014 City Council Minutes Page 14 of 14 Packet Pg.31 r4R ,II NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Approve Resolution No. 2014-029, Award of Bid for the 40th Year CDBG Project: Harmonson Road Sanitary Sewer Rehabilitation. Presenter: Caroline Waggoner, City Engineer Summary: The City Council is being asked to recommend an award of a construction contract by Tarrant County for the project identified as "Harmonson Road Sanitary Sewer Rehabilitation [CDBG]" in the Capital Projects Budget (Project No: CDBG14). General Description: The Harmonson Road Sanitary Sewer Rehabilitation Project [CDBG] Project (the "Project") is the City's 40th Year Community Development Block Grant (CDBG) project. The Project was initially submitted to Tarrant County after the City Council approved Resolution No. 2014-005 on February 24, 2014 as part of the City's 40th Year CDBG Program. The Project will consist of the rehabilitation (pipe bursting) of approximately 1,250 lineal feet of sanitary sewer within Harmonson Road Right-of-Way between Honey Lane and Lochridge Court. The existing sanitary sewer main is six-inch (6") diameter vitrified clay pipe that will be pipe burst with an eight-inch (8") diameter high-density polyethylene (HDPE) pipe. The existing clay pipe has become problematic requiring regular maintenance. The pipe has partially collapsed in areas and roots have intruded within the pipe through this section. Because the existing clay pipe is partially located under the pavement, replacing this pipe via traditional open-trench construction would also require removal and replacement of large sections of pavement. The proposed trenchless replacement method with HDPE pipe is cost effective as pavement will only need to be removed and replaced in locations where sanitary sewer service laterals and manholes currently exist in the pavement section. Additionally, the disruption to traffic and to the adjoining properties would be minimized. Although the City of North Richland Hills is an entitlement city and therefore receives CDBG funds directly, the City has contracted with Tarrant County's CDBG Department to administer the City's CDBG funds. Essentially, the City determines the projects and Tarrant County administers the projects. However, the City reviews all bids and consultant contracts and makes recommendations to Tarrant County for approval. Tarrant County therefore awards both the design consultant and construction contracts. Packet Pg.32 r4R ,II NO&TH KICHLAND HILLS Tarrant County's administration of the City's CDBG Projects does not include construction inspection and therefore the City will provide this service. Tarrant County staff reviewed and approved the Project's contract documents prior to bidding and scheduled a Bid Opening for October 1, 2014. Bids were received by Tarrant County at their offices on this date. Four (4) contractors submitted bids; these bids are summarized in the table below: Tota I Name of Contractor Amount Bid Excel 4 Construction $ 1947563.00 Utilitex Construction $ 2037469.00 Canary Construction $ 2217125.00 Backle Services $ 2357621.00 Sufficient CDBG funds are available from Tarrant County for this project. Upon the Council's approval of the proceeding resolution, this item will be scheduled for award on an upcoming Tarrant County Commissioners Court agenda. Consequently, it is not anticipated that contracts and bonding will be executed until late November or mid- December. As such, construction is anticipated to begin in January / February 2015. Contract time for this project is 60 calendar days to substantial completion. Recommendation: Approve Resolution No. 2014-029. Packet Pg.33 B.2 r4R NORTH KICHLAND HILLS RESOLUTION NO. 2014-029 A RESOLUTION RECOMMENDING AWARD BY TARRANT COUNTY OF A BID OF THE 40th YEAR CDBG PROJECT FOR THE REPLACEMENT OF THE SANITARY SEWER LOCATED ALONG HARMONSON ROAD, BETWEEN HONEY LANE AND LOCHRIDGE COOURT WITHIN THE CITY OF NORTH RICHLAND HILLS. WHEREAS, by Resolution 2014-005 passed February 24, 2014, the City Council approved the Replacement of the Sanitary Sewer located along Harmonson Road Project as a part of the 40th Year Community Development Block Grant program; and, WHEREAS, the Replacement of the Sanitary Sewer located along Harmonson Road (the "Project") was bid by Tarrant County; and, WHEREAS, Tarrant County's consultant and City staff have recommended award of the Project's bid to Excel 4 Construction; and, WHEREAS, Tarrant County desires a recommendation by the City Council of the City of North Richland Hills; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. THAT the City of North Richland Hills hereby recommends for Tarrant County to award the contract for the Replacement of the Sanitary Sewer along Harmonson Road Project to Excel 4 Construction in the bid amount of$194,563.00. SECTION 3. This Resolution shall be effective from and after its passage. PASSED AND APPROVED this the 10th day of November 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Packet Pg.34 B.2 r4R NO&TH KICHLAND HILLS Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Managing Director Packet Pg.35 B.2.a fET-ORtA-AVE -� o lip w p W o ----I. 64RGL-EV-IEW-DR �I GL-EVIEXCT OYiHJDA-SH-EC-4R1 �..W n Rd D J) Sanitary Sewer J BRILEY-DR r➢ W °RIL-H'-0R LL %habilitation gUNGR GT 2� -X K A TABOR-ST TABOR-S-T (CDBG) —i O m ��JR G� m > z P1 r.2 0 MIKE—DR z DEVONSHIR-E-DR---? (BRIGHTON CT s b qG z m �''�nJJ L P� -HEID EL- q-NOT-T-INGHILL CT RN BFFRG-GT . �{r ��.NNNR..A�� MANOR-DR Sanitary Sewer Rehab 'Y-ORKSH IRE CT DIAMOND-LQG\-\-\\) ➢ r m G OG� gBERDE'EN-DR-�. ,y_DR p m o,� 0 ° U b p p➢ L m z m NCA 7JIZ OR E E GT STIE ]M>. `TOWNE J w (if b y r A O O A z U) 1 < LU Q z o LL N N 0 4 CHARTW ELL 'S rY It ;3 N m b p HARMONSON- MONSON-RD HARMO-NS N-RD W m 0 FO o E 0 0 psi .QO > -AY-TONE\-0R S H-W.DIAM S O Q� 0 'I ONYX DR-N eNY�DR-N J��, N `Y/ R T H W o �o z ANNIE-ST� 5� RICHLAND b G.0� MARfErT �U- HILLS o M FOU NTAHJ-S-T JERRELL—ST L Y --r Project Locator Map w oz ROGENE CT W h ++ E ONY-X-DR-S ��IIrr.. � NORTHTII'R� S (� �p BUR BEV RD RIBHL-AND-RLAZitD P ............... ---"----" -------.�-, ...I BTARNES RD �y, � VII III Q�P N QN p�*i ,...... .. .. ........ .....i CHAPMADR BLVD J M -611,...- ... ....... a I II III / I m LO o 2 11, I V J, u u iw iwti O ------ ------ --------- - ch Scale: 1 = 800' 16 MAY 14 Standard Maps\CIP U_Harmonson Rd Sewer Rehab_CDBG.mxd Information Services Department GIS Packet Pg.36 C.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: RP 2014-05 Public Hearing and Consideration of a request from Dustin Austin Enterprises, Inc for a Replat of Lots 14R and 15R, Block 2, Woodbert Addition located at 8213 and 8217 Sayers Ln. Presenter: Clayton Comstock, Senior Planner Summary: Dustin Austin Enterprises, Inc. is requesting approval of a residential replat for the purpose of moving a lot line between two existing platted lots. The resident at 8217 Sayers Lane owned both lots since 1995. The western end of their home, however, was built mostly on Lot 15, but also across the platted property line (or the property line was platted through the home). The owner has recently sold Lot 14 to Dustin Austin Enterprises for the construction of a new home on that vacant lot. In order to pull a building permit for the new home, the property line encroachment needs to be corrected through this replat. The lot line between the two properties will shift 15 feet west, allowing the appropriate setback for the existing home. General Description: PLATTING STATUS: The two properties are currently platted as Lots 14 and 15, Block 2, Woodbert Addition. EXISTING ZONING: "R-3" Single Family Residential. The proposed plat does not conform to the lot depth requirement of 100 feet, but meets all other district criteria. Because the lot depth is an existing condition on an existing platted lot and the variance is less than 4 feet, the plat may be approved by the Planning & Zoning Commission and City Council as proposed. THOROUGHFARE PLAN: The lots have frontage along Sayers Lane, a standard residential street with 50-feet of right-of-way that exists today. No additional right-of- way is required of this plat. ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of the concrete sidewalk (4' wide) along the frontage of Sayers Lane at Lot 14R, Block 2, Woodbert Addition (208.5 LN FT) needed to support the development in accordance with the City's design criteria. Packet Pg.37 C.1 r4 NO&TH KICHLAND HILLS The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PUBLIC HEARING: As this is a residential replat, state code requires a public hearing be held. This plat does not amend or remove any existing deed restrictions, if any, on the property. Recommendation: Approval of RP 2014-05 Packet Pg.38 C.[.a odls Lin 0 d' o r N d avers in < it C N Q f� A .2 LO O it O N a d E RP ca Q 201 Lots 1 F & 15R, Blk 2, Woodbart ,Addl 8213 & 8217 Sayers Ln Fe et RPrpard b RPlrrrrirr 114010 X00 Packet Pg.39 r u iou NUffill ME i „ . n=1"2 I'k..71 . (SO-tUZ dN LtU) W I d 50 de eiaa -ti�OZ d21 .�uauay�e��d o J ff � Yi J 1 ip r i i� ( i� s (5011WZ dN LtiZ0 SJ9UM0 P91140N 10 Isis pue U011B31140N J9UM0 Alaedoad :1u9uau3BjjV v ' r 'lo NOTICE OF PUBLIC HEARINGS x CITY OF NORTH RICHLAND HILLS a :r �'•., '� PLANNING AND ZONING COMMISSION T�xp'S AND CITY COUNCIL Case Number: RP 2014-05 Applicant: Dustin Austin Enterprises, Inc Location: 8213 and 8217 Sayers Ln You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Dustin Austin Enterprises, Inc for a Replat of Lots 14R and 15R, Block 2, Woodbert Addition located at 8213 and 8217 Sayers Ln. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, OCTOBER 16, 2014 CITY COUNCIL 7:00 PM MONDAY, NOVEMBER 10, 2014 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department- City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 (5011WZ dN : LVZ0 SJ9UM0 P91140N 10 Isis pue U011B31140N J9UM0 AliedOid :juauau3BjjV stin Austin Enterprises Inc Braudrick, Carril & Stephanie Wiggins, Rosetta Arizona a " 0 W Harwood Rd Ste G2 8217 Sayers Ln 8301 Sayers Ln Hurst Tx 76054-3315 Fort Worth Tx 76182-7306 Fort Worth Tx 761 82-7307 a Wharton, Sylvia Etvir Wayne Jr Cleveland, Donna Sundvik, Paul 8304 Woods Ln PO Box 821478 2932 Summitop Rd NE NRH Tx 76182-7311 NRH Tx 76182-1478 Marietta Ga 30066-1629 Hammonds, Dave & Betty Smith, Cory G Etux Tatyana Olson, Roy Joseph 8641 Wishing Tree Ln 8212 Woods Ln 8208 Woods Ln NRH Tx 76182-3629 NRH Tx 76182-7309 NRH Tx 76182-7309 Schneider, Sylvester Wcj Davis 99 Ltd o Johnson, Mitchell W 8204 Woods Ln �o William C Jennings Co 8220 Sayers Ln Fort Worth Tx 76182-7309 2525 Ridgmar Blvd Ste 420 Fort Worth Tx 76182-7305 Fort Worth Tx 76116-4584 Staley, Bob Etux Lois Gilbreath, Harold W Etux Brend Nolte, Dino Etux Pamela J 8216 Sayers Ln 8212 Sayers Ln 8206 Sayers Ln NRH Tx 76182-7305 NRH Tx 76182-7305 Fort Worth Tx 76182-7305 Noble, Victor & Cordell Noble Melendez, Joseph Braudrick, Carril Etux Pat 6808 Meadow Creek Rd 8200 Woods Ln 8201 Sayers Ln NRH Tx 76182-3811 NRH Tx 76182-7309 NRH Tx 76182-7306 Thrash, Sylvia 8205 Sayers Ln Fort Worth Tx 76182-7306 RP 2014-05 Public Hearing and Consideration of a request from Dustin Austin Enterprises, Inc for a Replat of Lots 14R and 15R, Block 2, Woodbert Addition located at 8213 and 8217 Sayers Ln. LO 0 Chairman John Pitstick came forward to present the staff report for the replat of o Woodbert Addition. Dustin Austin Enterprises purchased lot 14. This application is for a a replat of lot 14 and lot 15. Prior owner owned both lots since 1995. They are recommending a replat to move the common lot line to allow conformity. The western edge of the home was built years ago almost directly on the property line. This shift allows Dustin Austin to build on the other lot. They are recommending a replat to move the property line by 15 (fifteen) feet to make 8213 Sayers Lane smaller by 15 (fifteen) E feet and 8217 Sayers Lane larger by 15 (fifteen) feet. Staff recommends approval. r- Applicant, Mike Davis; 969 Millican Lane; Keller, TX; with Alta Land Surveying came 2 forward to present. Mr. Davis stated that the home on the 8217 property was built in 1948. Firstly, the neighbor requested an easement. We decided to go with this 15 foot E shift on the lot line to accommodate the house and the car port that is there. It still 0 makes the lot at 8213 have plenty of room to build a house. Actually, we are pouring forms for a house now. o N Chairman Randall Shiflet opened the Public Hearing at 07:06 P.M. 06, Stephanie Broderick; 8217 Sayers Lane; North Richland Hills, came forward in favor. Ms. Broderick stated that she and her husband, Mike live in the existing property. They °- wanted to make sure the Board knew that they are present at this evening's meeting. o They are very much in favor of the application. N L Donna Cleveland; 8300 Woods Lane, North Richland Hills, TX 76182 completed a card expressing opposition; but opted not to speak. 2 0 Being no further discussion, Chairman Randall Shiflet closed the Public Hearing at 07:07 P.M. c MOTION TO APPROVE Mike Benton motioned to approve RP 2014-05. The motion was seconded by E Kathy Luppy. The motion passed unanimously 4 (four) to 0 (zero). E 0 L W 4+ Q L d V X w 0 E ca Q Packet Pg.43 O U �� OOH �-'� Z �Y moo )w JO Oz J tD p OO 0 0 li Z CY)CD (U r- Q 3> LU X>-LD z S 0°17'37" E 96 76' va ro N x 41 tD O u r� J� Q U d N .— (.,-j U L U') �CU C -q CLH L C04 u 04 Lr- H (a Q J-t H ED- U > °� m�a 0-6 li O 3� a N _ � O N N O N E C', N N +_T.O[' U 4...s .R cD EL 0 J " Lo E N OD cu W�U !n 41 U .�'.p 0 =COd J� 00 o II p Lri � J� 00 Z N L J O o O z U L L`'CU ^ S 0°1 .1...'06" .....E 96.43'.x ....... .... aulo, Six3 ......... ........ ...... o O o S 0*1 1 '06" E 96.40' U� v aun }o-j MaN U U 0-) OD 00 00 pD \ n z LO U) ~ (U a 0 u n t Wo �PCI n o v W p N a Ln J 2 II o vi J 0.i Lc) Q^ N 0 o ^ cf) v o L4 a J Z V o 04 10 -io " o� V 0 co CL r4R ,II NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: ZC 2014-17, Ordinance No. 3342 Public Hearing and Consideration of a request from Levart Properties, LLC for the purpose of removing a previously approved Special Use Permit from the property located at 4005 Rufe Snow Drive. Presenter: Clayton Comstock, Senior Planner Summary: Levart Properties, LLC is requesting a "zoning change" for the purpose of removing or repealing Ordinance 3144, Special Use Permit case SUP 2010-02. The SUP approved the "Moving & Storage Business" use for the property, but also had a Site Plan associated with the use as well. This change would be repealing the SUP and leaving the existing C2 zoning designation. The applicant wishes to use the property and make improvements that would be consistent with C2 zoning regulations. Staff understands that the building will be used as a sales office for food safety products. General Description: Ordinance 3144 is attached for reference. It required concrete parking lot, specific landscaping, and a masonry screening wall along Rufe Snow. The applicant will submit a permit for an asphalt parking lot and meet other standards as required under the C2 zoning. EXISTING SITE CONDITIONS: The 0.4137-acre property located at 4005 Rufe Snow Drive currently has a 1,120 square foot masonry commercial building built in 1965. s PLATTING STATUS: Lot 12A, Block 3, J.L. Autrey Addition. Packet Pg.45 r4R ,II NO&TH KICHLAND HILLS EXISTING ZONING: "C-2" Commercial COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Neighborhood Service" for this property. The Neighborhood Service Land Use is intended to permit limited service establishments and retail stores for the benefit of adjacent and nearby residential areas, and in which all trade is conducted indoors in such a manner as to be compatible adjacent to residential areas without changing the character of the residential areas. The existing "C-2" zoning allows for uses that are consistent with this definition. SURROUNDING ZONING / LAND USE: North: C-2 Commercial / Neighborhood Service South: C-2 Commercial / Public/Semi-Public (Fire Station) East: C-2 Commercial / Neighborhood Service West: R-3 Residential / Low Density Residential Recommendation: Approve Ordinance No. 3342 Packet Pg.46 C.2 r4R NORTH KICHLAND HILLS ORDINANCE NO. 3342 ZC 2014-17 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY REMOVING A SPECIAL USE PERMIT ALLOWING A MOVING AND STORAGE BUSINESS ON PROPERTY LOCATED AT 4005 RUFE SNOW DRIVE; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by removing a special use permit allowing a moving and storage business located at 4005 Rufe Snow Drive, conditioned on a modification requiring landscaping in front of the building and reduction of the driveway width to accommodate such landscaping. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Packet Pg.47 r4R ,II NORTH KICHLAND HILLS Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 10th day of November, 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: City Secretary Approved as to form and legality: George A. Staples, Attorney Packet Pg.48 C.2.a GlemAew r 0 0 } N U N LO N C A S .2 ti r d' O N U N IT d E IIH ar-rrran ism II a N 201 1- 1 Zonings Chan to Remove SUP" X005 Rufe Snow Dr Feet Prepared by Planning 10/03/14 0 5,0 100 20,0 Packet Pg.49 C.2.b i a t �r it i �uuoumm��io�0000iouuumV � � ' N LO m e o N r_ f E /i ro ✓i, 201'x'- 1 Zonings Chan to Remove SUP" 4'005 Rufe Snow Dr Fe et Prepared by Plannin 10/03"14 0 35 70 140 2 Packet Pg. 50 (LVt1WZ OZ : OT0 P91140N 10 Isis PUB U011B31140N J9UM0 Alaadoad :1u9uau3B1jV v;, r H � NOTICE OF PUBLIC HEARINGS :r CITY OF NORTH RICHLAND HILLS . a .. om `� PLANNING AND ZONING COMMISSION TEXPS AND CITY COUNCIL Case Number: ZC 2014-17 Applicant: Levart Properties, LLC Location: 4005 Rufe Snow Dr You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Levart Properties, LLC for the purpose of removing a previously approved Special Use Permit from the property located at 4005 Rufe Snow Dr. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, OCTOBER 16, 2014 CITY COUNCIL 7:00 PM MONDAY, NOVEMBER 10, 2014 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department- City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 (LVVWZ OZ : OTO P91140N 10 Isis PUB U011B31140N J9UMO Alaadoad :1u9uau3BjjV 6 tmI Union Oper Engers 178 Brown, James M Brown, Mary Lou a 25 Rufe Snow Dr 6340 Baker Blvd 2311 Jennifer Ln Fort Worth Tx 76180-8845 Richland Hills Tx 76118-6219 Bedford Tx 76021-7518 a Levart Properties LLC Essner, Stephen Etux Becky Wottrich, Raymond D C/O Paul Edwards 6305 Greenfield Rd PO Box 803765 7900 Chaddington Dr Fort Worth Tx 76135-1310 Dallas Tx 75380-3765 NRH Tx 76182-6726 Villalobos, Jose L Waters, Carl A & Florine Enloe, Paul M 2029 Knob Hill Rd C A & F Waters Rev Living Tr 4024 Rufe Snow Dr Azle Tx 76020-6935 3909 Rufe Snow Dr Fort Worth Tx 76180-8844 Fort Worth Tx 76180-8843 North Hills Realty Inc Keystone Body Shop #1 LP Industrial Saw & Grinding Inc 3733 Flory St C/O Don Carlen 3920 Rufe Snow Dr NRH Tx 76180-8833 8321 Forest Glenn Fort Worth Tx 76180-8842 NRH Tx 76182-8435 C.2.d ORDINANCE NC. 3144 SUP 2010-02 AN I ORDINANCE OF THE CITY OF NORTH RICHLAND HALLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE IPERMIT TO ALLOW A (MOVING AND STORAGE BUSINESS ON PROPERTY LOCATED AT 4005 IRUFE SNOW 'DRIVE; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND IPROVIDING AN EFFECTIVE RATE, WHEREAS, notice of a hearing before the Plan16ing and Zoning Commission was sent to real property owners within 200 feet of the property(herein described at least 10 days before such hearing; and, 0 N WHEREAS, notice of a public hearing before the City Council was published in a V N newspaper of general circulation in the City at least 15 days before such ,,; hearing; and, N WHEREAS, public hearings to zone the property herein described were held before(both the Planning and Zoning Commission and the City Council, and the(Planning ° and Zoning Commission has heretofore made a recommendation concerning the zone change; and, m 0 WHEREAS, the City Council is of the opinion that the zone change herein effectuated) ~ furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; (NOW, THEREFORE, � BE IT ORDAINED BY THE CITY COUNCIL,OF THE CITY OF NORTH RICHIILAND(HILLS, TEXAS: 0 a co Section 1, THAT the Comprehensive Phan and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit and a site plan E attached hereto as Exhibit A for a moving and storage business located at 4005 Rufe Snow Drive, on a modification requiring landscaping a in front of the building and reduction of the driveway width to accommodate such landscaping. Section 2; Any person,firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of(North Richland Hills as amended (hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Collars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder.. ordlinance Me.3144 P gie 11 of Packet Pg.53 C.2.d Section : The City Secretary is hereby aulthcri ed and directed to cause the publication of the descriptive caption and penalty clause of thins ordinance two tunes, Section 4: This ordlinance shall be in full force and effect immediately after passage. AND IT IS SO ORIDAIINIED. PASSED AND APPROVED on the 9th day of May, 2011. CITY OF RTIH IR I LANlD HILILS ti RI „t 4 Icy; c°� 0 bar Trevino, Mayor N ATTEST: LO Patricia Hirt o' d d m APPI IT FORM AND LEGALITY: � K M George A. Stapp , City Attorney L APPROVED AS TO CONTENT: a co John Pitstick, Planning & Development Director E a Ordinance No-3144 Page 2 of Packet Pg.54 C.2.d ., . . . _ mm.. .µ. . wm... -. LO 1 0 N O E d I�" m O _ H x d u„ M d V f� d O a G Cl) d E M Q C Packet Pg.55 INVOICE Star-l'ielegram Customer ID: C I'Fi 3 4 00 fir,Tr I I STR E F,T Invoice Number: 3 1 6119451 FORT\ijX 70102 (�8 17)390-776 t Invoice Date: 6/2/2011 Federal Tax ID 26-2674582 "Ferms; of dUC in 2 1 clays Bill "Yo: Due Date: 6/30/20,11 CITY OF NORTH RICIILAND 1-1111,1-S/SE PC) Nun°iber: 110 13OX 820609 Order Number: 31611945 NORTH RICHLANI) FHLLS, 1A 7M82- Sales Rep,: 073 Description: ff-F)" OF NORTI-1 M Attw STACEY HARRIS(M Publication Dates: 1/2011 , 6/2/20 1 Will / �No-07777�7-777, � � d M 7 7 00 CITY 0 13580 1 36 36 LINE $("I,()() ti mmic F0 $54,72 Q C*4 0 N Net Amount: $54�72 LO it C*4 X� V > ki Ho *z, 0 E 07. 'l-HE S"I" FORM' ko,,p County (D Atimney Before rn a lutary Pub4c nin and for said County and State,this day personally appeared Deborah D ylor Norwood, Slid and Le gait Coardinatorfor a ttie slar-'reiegriam,pubfished by the Star-Telegraim, inc.at Fort Warth,in Tarrant County,Texas;and who,after belng duly sworn,did depose an(I say 'a itiat the attacheld cflppn g of zin advertisemerq was,publishe, 'n the above named paper on the listed datm BiIDS&LEGAL DEPT, STAR TELEGRAM '- (817)215-2�323 r,Ulhe lbo.ve name ,,a..per,)n 1 0 (L SUBSCRIBED AND SWORN TO BEFORE MEJHIS mcmday,June 2! 1 ly%- ,:12 E Notary Rutua. talk ra 1'hl�tink. You For Your PayMent .... ..... ..... Retnit To: Star-`Felegrwn C'ustonier JDl C IT 13 P,0, BOiX 901105 t Customer Narne: CFTY OF NORTH IZAA]LAN F01Z,rW0RTHJX 76101-2051 Invoice NLJ111bC1-.' 3 1611945 1 Invoice AnwMlt: SS472 PO NuMber. A1110M)t Enclosed: Packet Pg. 56 C.2.e C.2 ZC 2014-17 Public Hearing and Consideration of a Request from Levart Properties, LLC for the purpose of removing a previously approved Special Use Permit from the property located at 4005 Rufe Snow Dr. John Pitstick came forward to present the staff report. This application is to remove a previously approved Special Use Permit that was granted in 2002 to accommodate a potential moving and storage business. That business did not commence operation. The current property owner wants to make improvements under C2 zoning and remove the previous site plan. The SUP site improvement requirements include screening wall and paving. The proposed business is as a sales office for food safety products. Staff recommends approval. ti Chairman Randall Shiflet inquired about asphalt located behind the fence. If vehicles or storage will be parked there, would they need to be parked on pavement? John N responded that pavement is required for parked vehicles. V N Chairman Shiflet inquired at what point masonry screening requirements would come N into play. John Pitstick responded that if site improvement costs exceeded 50% of the TAD (Tarrant Appraisal District) land and building value, masonry screening, landscape a improvements and additional improvements would be required in order to conform. Chairman Shiflet inquired if the back grassy area were paved, could it be utilized for 06 parking. John Pitstick responded that parking is fine. Storage would be another issue, 0- which would bring into the masonry screening requirement. Chairman Shiflet noted that there appears to be storage parked back there now from a different owner. John o Pitstick confirmed that storage is supposed to be on paved surfaces. John replied that they would have to comply with the C2 zoning district. 0 w CL Mike Benton inquired what the zoning is directly behind this property. John Pitstick responded that it is I (Industrial). Mike Benton inquired if there are fencing requirements w on that property. Chairman Shiflet replied that this is city facility on Rita Beth. John Pitstick replied that it is Institutional zoning and they probably wouldn't have to do that. 0 The biggest issue is if they expanded beyond 50% of the value in improvement, they have to conform. But they can go into the existing building without having to conform. a Chairman Shiflet inquired of Caroline Waggoner if this is water or streets on the Rita Beth city property. Caroline Waggoner replied this is Parks & Public Works. Chairman Shiflet stated that there is sand and pipes stored at Rita Beth. Mike Benton inquired if there are landscape requirements on this property. John Pitstick reiterated that if their improvements reach a threshold or if they wish to have storage in the rear, there will be more requirements under the C2 zoning. Applicant, Paul Edwards, 7900 Chaddington, North Richland Hills came forward to present. The staff has been wonderful, very helpful and very friendly in working with my Packet Pg.67 C.2.e architect. As property owner, what we want to do is to pave from that gate, all the way to the back for dumpster storage. Per city code, there would be a masonry wall to enclose the dumpster storage area. For reference sake, the trailer that is visible in this evening's photo has been sold. The trailer on the left hand side is a company trailer for Danmar, the food safety company. We have been issued permission from the city to park the company trailer back there. We are hoping that with the paving path all the way back to a city dumpster that we will meet the compliance of having pavement back there. Our goal is to pave the path to the dumpster. Chairman Shiflet brought up that now that the application has been submitted to P&Z commission, the property will be under closer scrutiny. He believes that the trailer observed in the back lot would need to be parked on pavement. Mr. Edwards responded that they will definitely do that. The drawing submitted to the Planning Department does include parking. 0 N Chairman Shiflet opened the Public Hearing at 07:15 P.M. V N Being no discussion, Chairman Shiflet closed the Public Hearing at 07:15 P.M. N MOTION TO APPROVE Steven Cooper motioned to approve ZC 2014-17. The motion was seconded by Kathy Luppy. The motion passed unanimously 4 (four) to 0 (zero). N 06 a 0 E 0 L W .W Q L 0 0 x w 0 E ca Q Packet Pg.68 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: FP 2014-10 Consideration of a request from C and G Custom Homes for a final plat of Hawks Ridge Addition; being 15 residential lots on 5.415 acres located at 8900 and a portion of 8820 Martin Drive. Presenter: Clayton Comstock, Senior Planner Summary: C & G Custom Homes is requesting approval of a Final Plat for Hawks Ridge, a 14-lot "R-2" residential subdivision on 5.415 acres located at 8900 Martin Drive and the replat of an existing home at 8820 Martin Drive. General Description: CASE DETAILS: City Council approved the "R-2" zoning for this property on August 25, 2014 and the Planning & Zoning Commission approved the Preliminary Plat on September 18, 2014. The proposed lots range from 9,200 to 13,844 square feet in size, with an average lot size of 10,091 square feet. The narrowest lots are 76 feet in width (3 lots), but the average lot is 81 feet wide. The proposed street for the development is shown to terminate/stub to the east for possible future connection. Because of the possible future connection, no standard-size cul-de-sac is proposed. Instead, the developer is providing an emergency access easement on Lot 5, Block 2 to allow for a hammerhead turnaround. The plat also shows the incorporation of a 54-foot strip of property in the Dennis Lang Addition into this subdivision to allow the creation of Lots 1-4, Block 2. This property at 8820 Martin Drive will remain as it is currently developed. EXISTING SITE CONDITIONS: The 3.705-acre property at 8900 Martin Drive currently has a single 2,210 square foot residence built in 1952 as well as at least three accessory buildings. PLATTING STATUS: Unplatted and described as Tracts 12DH & 12H in the Tandy K. Martin Survey, Abstract No. 1055. 8820 Martin Drive is platted as Lot 2, Block 1, Dennis Lang Addition. EXISTING ZONING: "R-2" Single Family Residential (Hawks Ridge Addition) and "R-1- S" Special Single Family (8820 Martin Drive). SURROUNDING ZONING / LAND USE: Packet Pg.59 r4 NO&TH KICHLAND HILLS North: R-1-S Single Family/ Low Density Residential South: AG Agricultural / Neighborhood Service East: AG Agricultural / Low Density Residential West: AG and RI-PD Single Family / Low Density Residential COMPREHENSIVE PLAN: "Low Density Residential" for this area. The Low Density Residential Land Use provides for traditional, low-density, single-family detached dwelling units. THOROUGHFARE PLAN: The subdivision has direct access to Martin Drive, a "C2U" two-lane undivided collector with 60 feet of right-of-way and a design speed of 30-40 MPH. Five feet of additional right-of-way is being provided along the new development's Martin Drive frontage. The plat also identifies a five foot "right-of-way reservation" in front of the existing home on the former Dennis Lang Addition. The "reservation" gives notice that right-of-way may be required to be dedicated in the future. ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. Recommendation: Approval of FP 2014-10 Packet Pg.60 D.1.a CL0 0 N c� N r Q M .2 0 r d' Q N CL d E v - �a Q Mid Cities Blvd Packet Pg.61 1 1 0 I � i o LL j' rU � i r N CL 2 r o N , Q � U Packet Pg.62 D.t.c FP 2014-10 Consideration of a Request from C and G Custom Homes for a Final Plat of Hawks Ridge Addition; being 15 Residential Lots on 5.415 acres located at 8900 and a portion of 8820 Martin Dr. Director, John Pitstick came forward to present the staff report of final plat for a 14 0 (fourteen) lot development. The preliminary plat has been presented. This area has been re-zoned to allow for roadway property around the area which may or may not be N developed. This is surrounded by larger estate homes, some zoned AG or R1 S. This LL was zoned to allow for extension of this roadway. There is room to permit a fire truck to turn around. This is a final plat to allow to meet the standards for R2 zoning. N Applicant, Lucien; 7910 Chaddington, North Richland Hills came forward to present. One issue with this development project has been the funding of street improvements. 0 It has been approved to the built with the development plan, and not left with the home E owners as part of their purchase. 0 Osama Nashed; 5000 Thompson Terrace Court, Colleyville, TX 76034 completed a E card, expressing approval and opted not to speak. 0 Chairman Randal Shiflet stated that this application is not a Public Hearing, only a E consideration of request and asked for motion to vote. N 06 MOTION TO APPROVE E Kathy Luppy motioned to approve FP 2014-10. The motion was seconded by Stephen Cooper. 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D -<w> z O ?O �OOQ6 Z � f x �o� F.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Consideration of the use of eminent domain to acquire property for a public use, such being a right of way for widening Smithfield Road — Resolution No. 2014-028 Presenter: George Staples, City Attorney Summary: Council is being asked to authorize eminent domain for the acquisition of one (1) parcel needed for the Smithfield Road widening project to include two drainage easements and two temporary construction easements. General Description: The Smithfield Road Project consists of the widening and realigning of a portion of Smithfield Road. The project will begin at Davis Boulevard and end approximately 100 feet north of Mid-Cities Boulevard. The street will be widened from an existing 2 lane section to 4 lanes (2 lanes in each direction) in accordance with the City's Master Thoroughfare Plan. In order to construct this proposed wider section, 9 right-of-way (ROW) parcels need to be acquired, with an additional two (2) temporary construction easements and two (2) drainage easements. None of the acquisition areas involve commercial structures on the properties. The City began the ROW acquisition process this year. Of the ROW parcels, there is one remaining property owner whose land has not been acquired. To follow all statutory prerequisites, the City Attorney recommends that a motion on this item state that eminent domain is being authorized for a stated public purpose and also to describe the property being acquired in detail sufficient for a deed. The description must be included in the motion and read exactly as written in its entirety. Recommendation: I move that the City Council authorize the use of the power of eminent domain to acquire the following described property for the Smithfield Road widening project, a public use; and adopt Resolution No. 2014-028. Packet Pg.6.5 F.1 r4 NO&TH KICHLAND HILLS "I move that the City Council authorize the use of the power of eminent domain to acquire the following described property for the Smithfield Road widening project, a public use:) and adopt Resolution No. 2014-028." Parcel 1: BEING a part of that called 4.847 acre tract of land located in the John H. Barlough Survey, Abstract No. 130 in the City of North Richland Hills, Tarrant County, Texas described in Deed to Woodbriar Management Ltd., recorded in Volume 11976, Page 305 in the Deed Records of Tarrant County, Texas, and being more particularly described as follows: Commencing at the southwest corner of a 4.2660 acre tract of land described in Special Warranty Deed to Quiktrip Corporation, as recorded in Document No. D212025704 in the Official Public Records of Tarrant County, Texas , being the intersection of the existing east right-of-way line of Smithfield Road and the north right-of-way line of Newman Drive; THENCE South 03 degrees 52 minutes 25 seconds East, across said Newman Drive, a distance of 37.44 feet to the POINT OF BEGINNING, being at the intersection of said existing east right-of-way line and the south right-of-way line of said Newman Drive and being the northwest corner of said called 4.847 acre tract of land; THENCE South 89 degrees 55 minutes 16 seconds East, along the south right-of-way line of Newman Drive, a distance of 24.87 feet; THENCE South 43 degrees 51 minutes 22 seconds West, departing said south right-of- way line, a distance of 13.85 feet to a point for corner; THENCE South 02 degrees 22 minutes 00 seconds East, a distance of 28.33 feet to an iron rod for the point of curvature of a circular curve to the right, having a radius of 1,034.00 feet, whose chord bears South 01 degree 15 minutes 15 seconds East, a distance of 40.15 feet; THENCE Southeasterly, along said circular curve to the right, through a central angle of 02 degrees 13 minutes 29 seconds, an arc length of 40.15 feet to a point for corner; THENCE South 00 degrees 08 minutes 31 seconds East, a distance of 329.62 feet to an iron rod for the point of curvature of a circular curve to the left, having a radius of 216.00 feet, whose chord bears South 32 degrees 49 minutes 11 seconds East, a distance of 233.24 feet; Packet Pg.66 F.1 r4 NO&TH KICHLAND HILLS THENCE Southeasterly, along the said circular curve to the left, through a central angle of 65 degrees 21 minutes 21 seconds, an arc length of 246.39 feet to a point for corner; THENCE North 69 degrees 53 minutes 49 seconds East a distance of 14.28 feet to an iron rod on the northerly right-of way line of Davis Boulevard and being on a circular curve to the left, not being tangent to the preceding course, having a radius of 2,924.79 feet, whose chord bears South 24 degrees 41 minutes 20 seconds West, a distance of 87.56 feet; THENCE Southwesterly along said northerly right of-way line and along said circular curve to the left, through a central angle of 01 degree 42 minutes 55 seconds, an arc length of 87.57 feet to point for corner; THENCE North 21 degrees 30 minutes 54 seconds West a distance of 13.73 feet to a point of curvature of a circular curve to the right, not being tangent to the preceding course, having a radius of 284.00 feet, whose chord bears North 51 degrees 36 minutes 45 seconds West, a distance of 136.31 feet; THENCE Northwesterly along the arc of said circular curve to the right, through a central angle of 27 degrees 46 minutes 17 seconds, an arc length of 137.66 feet to a point for corner; THENCE North 77 degrees 42 minutes 49 seconds West a distance of 9.89 feet to a point for corner in the existing east right-of-way line of Smithfield Road; THENCE North 00 degrees 00 minutes 54 seconds East along said existing east right- of-way line, a distance of 579.22 feet to the POINT OF BEGINNING AND CONTAINING 22,010 square feet or 0.5053 acres of land, more or less; together with drainage and temporary construction easements out of such described Woodbrier property as follows: Drainage Easement 1 BEGINNING at the intersection of the North right of way line of Davis Boulevard with the most Easterly point of the new Smithfield Road Right of Way line as described in the Right of Way parcel herein; THENCE Southwesterly, along said northerly right-of-way line of Davis Boulevard 12.41 feet to an iron rod for corner such point being at the intersection of the new North Packet Pg.67 F.1 r4 NO&TH KICHLAND HILLS right of way line of Smithfield Road described in the right of way parcel herein and such north Right of way line of Davis Boulevard; THENCE South 69 degrees 53 minutes 49 seconds West, a distance of 14.28 feet to an iron rod for the point of curvature of a circular curve to the right, not being tangent to the preceding course, having a radius of 216.00 feet, whose chord bears North 64 degrees 58 minutes 02 seconds West, a distance of 4.00 feet; THENCE Northwesterly, along said circular curve to the right, through a central angle of 01 degree 03 minutes 40 seconds, an arc length of 4.00 feet to an iron rod for the point of curvature of a circular curve to the right, not being compound to the preceding course, having a radius of 2,938.79 feet, whose chord bears North 25 degrees 34 minutes 06 seconds East, 22.72 feet; THENCE Northeasterly, along said circular curve to the right through a central angle of 00 degrees 26 minutes 35 seconds, an arc length of 22.72 feet to an iron rod for corner; THENCE South 64 degrees 12 minutes 37 seconds East, a distance of 14.00 feet to the POINT OF BEGINNING AND CONTAINING 266 square feet or 0.0061 acres of land, more or less. Drainage Easement 2 BEGINNING at the most Southerly corner of the Right of Way parcel described herein at the intersection of the new South right of way line of Smithfield with the North Right of way line of Davis Boulevard; THENCE Southwesterly, continuing along the northerly right-of-way line of Davis Boulevard and along a circular curve to the left, through a central angle of 00 degrees 10 minutes 30 seconds, an arc length of 8.94 feet to an iron rod for corner; THENCE North 66 degrees 20 minutes 38 seconds West, departing said northerly right- of-way line, a distance of 14.00 feet to an iron rod for the point of curvature of a circular curve to the right, not being tangent to the preceding course, having a radius of 2,938.79 feet, whose chord bears North 23 degrees 50 minutes 18 seconds East, a distance of 18.71 feet; THENCE Northeasterly, along said circular curve to the right, through a central angle of 00 degrees 21 minutes 53 seconds, an arc length of 18.71 feet to an iron rod on a circular curve to the left, not being reverse to the preceding course, having a radius of 284.00 feet, whose chord bears South 65 degrees 04 minutes 22 seconds East, a distance of 4.22 feet; Packet Pg.68 F.1 r4 NO&TH KICHLAND HILLS THENCE Southwesterly, along said circular curve to the left, through a central angle of 00 degrees 51 minutes 04 seconds, an arc length of 4.22 feet to an iron rod for corner; THENCE South 21 degrees 30 minutes 54 seconds East, a distance of 13.73 feet to the POINT OF BEGINNING AND CONTAINING 214 square feet or 0.0049 acres of land, more or less. Temporary Construction Easement 1 BEGINNING at the most Easterly corner of the right of way parcel described herein and being in the Northerly right of way line of Davis Boulevard; THENCE Southwesterly, continuing along said northerly right-of-way line and along a circular curve to the left having a radius of 2,924.79 feet, whose chord bears South 25 degrees 36 minutes 54 seconds West through a central angle of 00 degrees 08 minutes 14 seconds, an arc length of 7.00 feet to an iron rod for corner at the intersection of said northerly right-of-way line and the new east right-of-way line of Smithfield Road; THENCE South 69 degrees 53 minutes 49 seconds West, departing said northerly right- of-way line and along said new east right-of-way line, a distance of 14.28 feet to an iron rod for the point of curvature of a circular curve to the right, having a radius of 216.00 feet, whose chord bears North 32 degrees 49 minutes 11 seconds West, a distance of 233.24 feet; THENCE Northwesterly, continuing along said new east right-of-way line and along said circular curve to the right, through a central angle of 65 degrees 21 minutes 21 seconds, an arc length of 246.39 feet to an iron rod for corner; THENCE North 00 degrees 08 minutes 31 seconds West, continuing along said new east right-of-way line, a distance of 329.62 feet to an iron rod for the point of curvature of a circular curve to the left, having a radius of 1,034.00 feet, whose chord bears North 01 degree 15 minutes 15 seconds West, a distance of 40.15 feet; THENCE Northwesterly, continuing along said new east right-of-way line and along said circular curve to the left, through a central angle of 02 degrees 13 minutes 29 seconds, an arc length of 40.15 feet to an iron rod for corner; THENCE North 02 degrees 22 minutes 00 seconds West, continuing along said new east right-of-way line, a distance of 28.33 feet to an iron rod for corner; THENCE North 43 degrees 51 minutes 22 seconds East, continuing along said new east right-of-way line, a distance of 13.85 feet to an iron rod for corner at the Packet Pg.69 F.1 r4 NO&TH KICHLAND HILLS intersection of said east right-of-way line and the south right of way line of said Newman Drive; THENCE South 00 degrees 23 minutes 59 seconds West, departing said new east right-of-way line and said south right of way line, a distance of 78.42 feet to a point for corner; THENCE South 00 degrees 08 minutes 31 seconds East, a distance of 187.60 feet to a point for corner; THENCE North 89 degrees 51 minutes 29 seconds East, a distance of 3.00 feet to a point for corner; THENCE South 00 degrees 08 minutes 31 seconds East, a distance of 142.02 feet to a point for corner; THENCE North 89 degrees 51 minutes 29 seconds East, a distance of 5.00 feet to the point of curvature of a circular curve to the left, not being tangent to the preceding course, having a radius of 201.00 feet,whose chord bears South 32 degrees 17 minutes 12 seconds East, a distance of 213.89 feet; THENCE Southeasterly, along said circular curve to the left, through a central angle of 64 degrees 17 minutes 22 seconds, an arc length of 225.53 feet to a point for corner; THENCE North 25 degrees 34 minutes 07 seconds East, a distance of 1.95 feet to a point for corner; THENCE South 65 degrees 39 minutes 27 seconds East, a distance of 14.01 feet to the POINT OF BEGINNING AND CONTAINING 7,027 square feet or 0.1613 acres of land, more or less. Temporary Construction Easement 2: BEGINNING at an iron rod at the intersection of the Northerly right of way line of Davis Boulevard with the new South right of way line of Smithfield Road described in the right of way parcel herein; THENCE Southwesterly, continuing along said northerly right-of-way line and along said circular curve to the left, through a central angle of 00 degrees 08 minutes 45 seconds, an arc length of 7.44 feet to a point for corner; THENCE North 65 degrees 39 minutes 27 seconds West, a distance of 9.14 feet to a point for corner; Packet Pg.70 F.1 r4 NO&TH KICHLAND HILLS THENCE North 24 degrees 20 minutes 33 seconds East, a distance of 2.00 feet to the point of curvature of a circular curve to the right, having a radius of 299.00 feet, whose chord bears North 58 degrees 06 minutes 43 seconds West, a distance of 78.53 feet; THENCE Northwesterly, along said circular curve to the right, through a central angle of 15 degrees 05 minutes 29 seconds, an arc length of 78.76 feet to a point for corner; THENCE North 39 degrees 26 minutes 02 seconds East, a distance of 5.00 feet to the point of curvature of a circular curve to the right, not being tangent to the preceding course, having a radius of 294.00 feet, whose chord bears North 43 degrees 51 minutes 57 seconds West, a distance of 68.61 feet; THENCE Northwesterly, along said circular curve to the right, through a central angle of 13 degrees 24 minutes 04 seconds, an arc length of 68.76 feet to a point for corner on the existing east right-of-way line of Smithfield Road; THENCE North 00 degrees 00 minutes 54 seconds East, along said existing east right- of-way line, a distance of 5.93 feet to an iron rod for corner at the intersection of said existing east right-of-way line and the new southerly right-of-way line of said Smithfield Road; THENCE South 77 degrees 42 minutes 49 seconds East, departing said existing east right-of-way line and along said new southerly right-of-way line, a distance of 9.89 feet to an iron rod for the point of curvature of a circular curve to the left, not being tangent to the preceding course, having a radius of 284.00 feet, whose chord bears South 51 degrees 36 minutes 45 seconds East, a distance of 136.31 feet; THENCE Southeasterly, continuing along said new southerly right-of-way line and along said circular curve to the left, through a central angle of 27 degrees 46 minutes 17 seconds, an arc length of 137.66 feet to an iron rod for corner; THENCE South 21 degrees 30 minutes 54 seconds East, continuing along said new southerly right-of-way line, a distance of 13.73 feet to the POINT OF BEGINNING AND CONTAINING 1,950 square feet or 0.0448 acres of land, more or less. Packet Pg.71 F.1.a RESOLUTION NO. 2014-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, DECLARING THE NECESSITY TO 0 ACQUIRE TITLE TO LAND DESCRIBED HEREIN, AND W AUTHORIZING THE ACQUISITION OF PROPERTY w RIGHTS LOCATED ADJACENT TO SMITHFIELD ROAD NECESSARY FOR A PUBLIC ROADWAY USE, y INCLUDING DRAINAGE EASEMENTS, TEMPORARY o CONSTRUCTION AND ACCESS EASEMENTS; AND AUTHORIZING c THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL. c w S WHEREAS, the City Council of the City of North Richland Hills, Texas ("City Council'), M has determined that the acquisition of the property described in Exhibit A 0 hereto, is appropriate and necessary for use by the City of North Richland Hills for a public roadway project (the "Smithfield Road Project") including r- right of way therefor and associated public uses and that there exists a E public necessity to acquire the property herein described, for the C Smithfield Road Project; and o WHEREAS, the City Council desires to acquire the property described in Exhibit A N hereto for the aforementioned public uses because such property is z° necessary for completion of the planned and approved Smithfield Road c Project, in the City of North Richland Hills, Texas; and, 0 U) WHEREAS, Section 251.001(a) of the Texas Local Government Code provides that a municipality may, when its governing body considers it necessary, 0 exercise the right of eminent domain for a public use to acquire private property interests inside or outside the city for the purpose of widening 0 any street or other roadway; and, N LO N 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 co steps to acquire the needed property interests, including but not limited to the retention of appraisers, engineers and other consultants and experts, N and that such attorneys, or designee, negotiate the purchase of the c property interests and, if unsuccessful in purchasing the needed property interests, to institute eminent domain proceedings to acquire o the property described in Exhibit A hereto; NOW THEREFORE: 0 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Q Packet Pg.72 F.1.a 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 the body of this resolution as if copied in their entirety. 0 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 w described in Exhibit A hereto for a public use, to wit, a public roadway improvement project all as part of the Smithfield Road Project, and to y acquire the necessary property rights in such described property from the 0 owners of such property. 0 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 c 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 E contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that N deemed necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. o N O Section 4: The North Richland Hills City Attorney is authorized and directed to do Z each and every act and deed hereinabove specified or authorized by 0 reference, subject to the availability of funds appropriated by the City c Council for such purpose. Further, the North Richland Hills City Attorney or designee is specifically authorized to establish the just L compensation for the acquisition of the described property. Additionally, if the North Richland Hills City Attorney or designee c determines that an agreement as to damages or compensation cannot be reached, then the North Richland Hills City Attorney or designee is hereby LO authorized and directed to file or cause to be filed, against the owner(s) and interested parties of the needed property interests, proceedings in co eminent domain to acquire the above-stated interests in the property o described in Exhibit A hereto. o N r_ PASSED AND APPROVED on the 10th day of November, 2014. 0 CITY OF NORTH RICHLAND HILLS By: E Oscar Trevino, Mayor Q Packet Pg.73 F.1.a ATTEST- 0 Alicia Richardson, City Secretary w APPROVED AS TO FORM AND LEGALITY: E w O cm S George A. Staples, Attorney L O W S m E O d E d C N O d' r O N O Z O 3 O d L d O U N LO N r co N O d' r O N O 3 O d r-. d E t V r� r� Q Packet Pg.74 6ulu9p!m JOI uleuaop 1u9u1ua9 `gZ0-tUZ 'ON uoltn!oseN aaplsuoo : ZSZ�) `d I!q!gx3 8Z0-tg0Z :tuauauoettd LO LL a FYI JCJJABP � a WOODBRIAR MANAGEMENT LTD. RIGHT-OF-WAY BEING a tract of land in the John H. Barlough Survey, Abstract No. 130 in the City of North Richland Hills, Tarrant County, Texas, being a part of that called 4.847 acre tract of land described in General Warranty Deed to Woodbriar Management Ltd., as recorded in Volume 11976, Page 305 in the Official Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a found X-cut at the intersection of the existing east right-of-way line of Smithfield Road (variable width right-of-way) and the north right-of-way line of Newman Drive (variable width right-of-way) and being the southwest corner of that called 4.2660 acre tract of land described in Special Warranty Deed to Quiktrip Corporation, as recorded in Document No.D212025704 in the Official Public Records of Tarrant County,Texas; THENCE South 03 degrees 52 minutes 25 seconds East, across said Newman Drive, a distance of 37.44 feet to the POINT OF BEGINNING, being at the intersection of said existing east right-of-way line and the south right-of-way line of said Newman Drive and being the northwest corner of said called 4.847 acre tract of land; THENCE South 89 degrees 55 minutes 16 seconds East, along said south right-of-way line, a distance of 24.87 feet to a 1/2-inch set iron rod with yellow plastic cap stamped "HALFF ASSOC. INC." (hereinafter referred to as "with cap") on the new east right-of-way line of said Smithfield Road; THENCE South 43 degrees 51 minutes 22 seconds West, departing said south right-of-way line and along said new east right-of-way line, a distance of 13.85 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 02 degrees 22 minutes 00 seconds East, continuing along said new east right- of-way line, a distance of 28.33 feet to a 1/2-inch set iron rod with cap for the point of curvature of a circular curve to the right, having a radius of 1,034.00 feet, whose chord bears South 01 degree 15 minutes 15 seconds East, a distance of 40.15 feet; THENCE Southeasterly, continuing along said new east right-of-way line along said circular curve to the right,through a central angle of 02 degrees 13 minutes 29 seconds, an are length of 40.15 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 00 degrees 08 minutes 31 seconds East, continuing along said new east right- of-way line, a distance of 329.62 feet to a 1/2-inch set iron rod with cap for the point of curvature of a circular curve to the left,having a radius of 216.00 feet,whose chord bears South 32 degrees 49 minutes 11 seconds East,a distance of 233.24 feet; Page 1 of 3 6u1u9p!m JOI uleuaop 1u9u1ua9 `8Z0-tUZ 'ON uoljn!osaN aaplsuoo : ZSZ�) `d I!q!gx3 8Z0-tg0Z :juauauoejjd LL a d v , a THENCE Southeasterly, continuing along said new east right-of-way line and along the said circular curve to the left, through a central angle of 65 degrees 21 minutes 21 seconds, an arc length of 246.39 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 69 degrees 53 minutes 49 seconds East, continuing along said new east right- of-way line, a distance of 14.28 feet to a 1/2-inch set iron rod with cap on the northerly right-of- way line of Davis Boulevard (a called 120 foot wide right-of-way), and being on a circular curve to the left, not being tangent to the preceding course, having a radius of 2,924.79 feet, whose chord bears South 24 degrees 41 minutes 20 seconds West, a distance of 87.56 feet; THENCE Southwesterly, departing said new east right-of-way line, along said northerly right- of-way line and along said circular curve to the left, through a central angle of 01 degree 42 minutes 55 seconds, an are length of 87.57 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 21 degrees 30 minutes 54 seconds West, departing said west right-of-way line and along the new southerly right-of-way line of said Smithfield Road, a distance of 13.73 feet to a 1/2-inch set iron rod with cap for the point of curvature of a circular curve to the right, not being tangent to the preceding course, having a radius of 284.00 feet, whose chord bears North 51 degrees 36 minutes 45 seconds West, a distance of 136.31 feet; THENCE Northwesterly, along said new southerly right-of-way line and along the arc of said circular curve to the right, through a central angle of 27 degrees 46 minutes 17 seconds,an arc length of 137.66 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 77 degrees 42 minutes 49 seconds West, continuing along said new southerly right-of-way line, a distance of 9.89 feet to a 1/2-inch set iron rod with cap for corner at the intersection of said new southerly right-of-way line and said existing east right-of-way line; THENCE North 00 degrees 00 minutes 54 seconds East, departing said new southerly right-of- way line and along said existing east right-of-way line, a distance of 579.22 feet to the POINT OF BEGINNING AND CONTAINING 22,010 square feet or 0.5053 acres of land, more or less. A plat accompanies this legal description. Page 2 of 3 6ulu9p!AA JOI UIEWOp 1u9ulua9 '8Z0-tiI,OZ 'ON uoljnloseN aaplsuoo : Z9ZI,) `d I!q!gx3 8Z0-tg0Z :JuauauoeJJV FND POINT OF COMMENCING - LOT i,BLOCK 1, NEWMAN DRIVE 5/B'FIR W/ N CENTER POINT ADDITION RPLS 5199 CAB.A,SLIDE 8327 1 1/2' SIR _ 3 (VARIABLE WIDTH R.O.W.) _ ccM)_ a (DOC.NO.D203164728) P.R.T.C.T. I I I 4 yG M POINT OF ,`--1/2' SIR RIGHT-OF-WAY AGREEMENT j BEGINNING L TEXAS MIDSTREAM GAS SERVICES,L.L.C. / (L 1/2'SIR DOC.NO.0209115236 EGRESS EASEMENT I I W/TX51819 O.P.R.T.CpT / VOL.368-156,PG.26 I CAP A=02 13' 29" 1,010 SF / _ t/z• R=1,034.00' 0.0234 ACRE PREVIOUSLY jW/UNREA SIR T=20'08' RIGHT-OF-WAY WATAUGA ROAD � ALLEY s/a•FIR ABLE CAP L=40.15' PARCEL TAKING INI �TI ' o CD=40.15 5 15-E GAS EASEMENT / LOTS IOAR,10BR, I Cn 0 50 100 200 1IAR,IIBR ( N N BEARING/DISTANCE TABLE AND 12AR,BLOCK 30 M COLLEGE HILL ADDITION I 1r) 01 S03' 52' 25"E I RA E SCALE:1"= 100;VOL.388-163 PG 9 ti WOODBGENERAL MANAGEMENT LTD/ P.R.T.C.T. O Ln LU a 37.44' CALLED 4.847 ACRE TRACT LOT LOT I ry S89 55' 16"E VOL.01976, .G.305 / rf)LL /y� r9-e I F 24,87 JG�" CURVE DATA TABLE � o0 0 CARDINAL CT. I LLj ° S43' 51' 22'W �`'y �`���°� A=27' 46' 17" P (50'R.O.W.) ' FL ,°n © 3 13.85' ,2,JQ���� �` R=284.00' -F-1/2- R `n S02' 22' WE 0� Qy /� O T=70.21 LOT H q❑ s L=137.66'LOT 28.33 P5 � CB=N51' 36' 45'W CK BLOCK U) c 22,010 SF �� CD=136.31' 30 to / 20'INGRESS & I FND O 0.5053 ACRE /�4 VGR388 156,PC. T NpiL O 1/2' RIGHT-OF-WAY O�,� ORANDI ° y o sIR PARCEL TAKING m `- ° NIF Z " �� P��F U- CARDINALS ALLEY A=65' 21 21 Qom. ARTHUR °� BLVD. i R=216.00' PRECISE CAP I T=138.55' �05 a PEARL I LOT 9 I L=246.39' NEWMAN IBLOCK 30 I CB=S32' 49' 11'E SITE COLLEGE HILL I CD=233.24' OWEN ADDITION CUDO I EIGHTH FILING VOL.388-37,PG.75 I / 0ti OG o P.R T.C.T N69' 53' 49`E r / U O 0 U — 1/2'FIR 1/,Z 14.28 / ' ry m w OWEN DR. W/CAP SIR IL tc OSS Q (50' R.O.W.) SIR' co 1/2' SIR `� o N i 5 R A=01' 42' S5' 77' 42' 49"W Q 9.89' I R=2,924.79' ° 1 v2' SIR L=87:57' �, LOCATION MAP CB=S 4t 20 w N.T.S. s LOT I ' 1/2' SIR CD=87.56' BLOCK 2 I N21' 30' 54"W 13,73' PROPOSED R.O.W. 10G, TAKING hj TAKIGWITHIN TEXAS ;iy F MIDSTREAM A LEGAL DESCRIPTION EASEMENT ACCOMPANIES THIS EXHIBIT 0.5053 ACRE LEGEND RIGHT-OF-WAY PARCEL TAKING PROPOSED R.O.W. Z SITUATED IN THE TAKING OF FOUND IRON ROD UNLESS ��,.�.•�•..,,, JOHN H. BARLOUGH, SURVEY FIR® a NOTED OTHERWISE ABSTRACT NO. 130 �/2 SET IRON ROD W/YELLOW O SIR® PLASTIC CAP STAMPED 'HALFF IN THE f J_. ASSOC.INC: ......... ............u.nu..u. LL CITY OF NORTH RICHLANDS HILLS, CALCULATED POINT FOR ,DOUGLAS A.CALHOUN TARRANT COUNTY TEXAS O A CORNER A j, .� 'Basis of bearing is NAD83 based on NETRS shot on 10/25/2013 North Richland (CM) CONTROL MONUMENT Hills monuments 5,13,14,17 and 22.Northing was adjusted 0.46'north, —— PROPOSED CENTER LINE %. h8 S�C4 Basting was adjusted 1.55'east to bring into RTK tolerance,vertical was left SUBJECT PROPERTY Nb gums a alone.Levels were run between traverse and work points points 101,102,103, ADJACENT R.O.W./ PROPERTY 104,301,302,303,304,and 305 holding the RTK elevation for 101 on —— LINE n 10/26/2013.Scale factor 1.00012. III I AL DGN: EXH001-100i AVO: 29783 LOauOba c 8o01sterea Prafaaalona4ona c vsyor."o he y carllfy 1W thla(lOYCalroa L� =:red from a sway=a on the,round urMar my au"arviston ano olractlan. ' 4000 FOSSIL CREEK BLVD.FORT WORTH.TEXAS 70137(817)847-1422 DATE: 0910212014 PAGE NO.: 3 OF 3 TBPLS FIRM NO.10029605 6ulu9p!m JOI uleuaop 1u9u1ua9 `gZ0-tUZ 'ON uoljn!osaN aaplsuoo : ZSZ�) `d I!q!gx3 8Z0-tg0Z :juauauoe11V oo ' LL' . d v , a WOODBRIAR MANAGEMENT LTD. DRAINAGE EASEMENT(DE-1) BEING a tract of land in the John H. Barlough Survey, Abstract No. 130 in the City of North Richland Hills, Tarrant County, Texas, being a part of that called 4.847 acre tract of land described in General Warranty Deed to Woodbriar Management Ltd., as recorded in Volume 11976, Page 305 in the Official Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a found 5/8-inch iron rod with cap stamped "RPLS 5199" at the intersection of the northerly right-of-way line of Davis Boulevard (a called 120 foot wide right- of-way) and the north right-of-way line of Newman Drive (variable width right-of-way) and being the southeast corner of that called 4.2660 acre tract of land described in Special Warranty Deed to Quiktrip Corporation, as recorded in Document No. D212025704 in the Official Public Records of Tarrant County, Texas; THENCE South 31 degrees 02 minutes 54 seconds West, across said Newman Drive, a distance of 41.51 feet to the intersection of said existing northerly right-of-way line and the south right- of-way line of said Newman Drive and being the northeast corner of said called 4.847 acre tract of land; THENCE South 30 degrees 30 minutes 22 seconds West, along said northerly right-of-way line, a distance of 430.00 feet to the point of curvature of a circular curve to the left, not being tangent to the preceding course, having a radius of 2,924.79 feet, whose chord bears South 28 degrees 12 minutes 01 second West, a distance of 246.04 feet; THENCE Southwesterly, continuing along said northerly right-of-way line and along said circular curve to the left, through a central angle of 04 degrees 49 minutes 17 seconds, an arc length of 246.12 feet to a 1/2-inch set iron rod with blue plastic cap stamped "HALFF ESMT" (hereinafter referred to as "with blue cap") for the POINT OF BEGINNING, being at the prolongation of said circular curve to the left, having a radius of 2,924.79 feet, whose chord bears South 25 degrees 40 minutes 05 seconds West, a distance of 12.41 feet; THENCE Southwesterly, continuing along said northerly right-of-way line and along said circular curve to the left, through a central angle of 00 degrees 14 minutes 35 seconds, an arc length of 12.41 feet to a 1/2-inch set iron rod with yellow plastic cap stamped "HALFF ASSOC INC." (hereinafter referred to as "with cap") for corner; THENCE South 69 degrees 53 minutes 49 seconds West, departing said northerly right-of-way line, a distance of 14.28 feet to a 1/2-inch set iron rod with cap for the point of curvature of a circular curve to the right, not being tangent to the preceding course, having a radius of 216.00 feet,whose chord bears North 64 degrees 58 minutes 02 seconds West, a distance of 4.00 feet; Page 1 of 3 6u1u9p!m JOI uleuaop 1u9u1ua9 `8Z0-VWZ 'ON uoljn!osaN aaplsuoo : ZSZ�) `d I!q!gx3 8Z0-tg0Z :juauauoejjV CD LL' . d v , a THENCE Northwesterly, along said circular curve to the right, through a central angle of 01 degree 03 minutes 40 seconds, an arc length of 4.00 feet to a 1/2-inch set iron rod with blue cap for the point of curvature of a circular curve to the right, not being compound to the preceding course, having a radius of 2,938.79 feet, whose chord bears North 25 degrees 34 minutes 06 seconds East, 22.72 feet; THENCE Northeasterly, along said circular curve to the right through a central angle of 00 degrees 26 minutes 35 seconds, an arc length of 22.72 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 64 degrees 12 minutes 37 seconds East, a distance of 14.00 feet to the POINT OF BEGINNING AND CONTAINING 266 square feet or 0.0061 acres of land,more or less. A plat accompanies this legal description. Page 2 of 3 6ulu9p!m JOI uleuaop 1u9ulua9 '8Z0-VWZ 'ON uoljnloseN aaplsuo0 : ZSZ�) V I!q!gx3 8Z0-tg0Z :JuauauoeJJV 00 tL FND .X--- ---------- ----° co LOT i,BLOCK i, CUT (CM) NEWMAN DRIVE POINT OF 5/8'FIR W/ 0. CENTER POINT ADDITION RPLS 5199 CAB.A,SLIDE 8327 (VARIABLE WIDTH R.O.W.) _COMMENCING (cm) fDOC.NO.D20316472BJ BAR w-_---_-_r a� P.R.T.C.T. I ' 25'EASEMENT & JOHN H. NO. h� 101. I I RICHT-OF-WAY AGREEMENT ABSTRACT 1 1 )_ ) I TEXAS MIDSTREAM 20'INGRESS & 5/8'FIR GAS SERVICES,L.L.C. EGRESS EASEMENT I I W/TX5819 DOC.NO.D209115236 VOW.26 I CAP I O.P.R.T.C.T. GENERAL WARRANTY DEED _ WOODBRIARMANAGEMENTLTD. CURVE DATA )/2'FIR I CALLED 4.847 ACRE TRACT W W/UNREAD I 266 SF VOL.11976,PG.305 ©� TABLE 5/8'FIR ABLE CAPI ) 0.0061 ACRE O.R.T.C.T. y S64' 12 37 E �51 A=00' 14' 35' DE-1 14.00' " R=2,924.79 AR,1OBR, I ' ,11BR ' , I / T=6'21,BLOCK 30 I I POINT OF �/ L=12.41' COLLEGE HILL ADDITION I p t/2' SIR W/ BEGINNING CB=S25' 40' 05"W VOL.388-163,PG 9 I I BLUE CAP P.R.T.C.T. < i�i 3 1/2'SIR W/ a�/ CD=12.41' I Lor for I i I BLUE CAP �I V A=01' 03' 40' LL I ,9-A1 19-B I 1 „�0/ R=216.00' 0 O I v2' SIR Wi T=2.00' g CARDINAL CT. I W o BLUE CAP 1/2' SIR h^��� (DL=4.00' (50 R.O.W.) ILL. Lr, I I 2 t/2' <-- S69' 53' 49"W CB=N64' 58' 02'W - 1/ R SIR 14.28' CD=4.00' IO T IO OCT A=0' 26' 35" BLOCK BLK fn I 1 DETAIL "A" % R=2,938.79, 30 ' 3o i ( SCALE: I' = 40' T-11.36' 20'INGRESS & I FND I j O L-22'72' EGRESS EASEMENT I pX CB=N25' 34' 06'E $ VOL.388-156,PG.26-1 NAIL ) I N 1L_ � A=04' 49' 17' CD=22.72, ALLEY R=2,924.79' '� I Q NIF > � T=123.13' ; �"O• NIF PRECISE CAP I L L L=246'12' n ', Q' ZpO�� = > CARDINAL I \ CB=S28' 12 C W 4 ARTHUR ~ ° BLVD. LOT 9 BLOCK 30 I ; ` CD=246.04' �J~� 5 I G�� < PEARL COLLEGE HILL I �� RIGHT—OF—WAY � �h�O _ NEWMAN a I EIGHTH ITFILING I ` PARCEL BY Po SITE U. IVOL.388-37,PG. 75 I ` SEPARATE OWEN — P_R.T�C.T_- I . INSTRUMENT 1/2'FIR Q F� r0( eR10C RE L� OWEN DR. W/CAP / < L J (50' R_O.W.) I POINT OF <<�, I ; BEGINNING e° W = I Q W SEE DETAIL 'A' \ I_QL:ATION MAP I I 1 Tor 1 ' I Q N.T.S. BLOCK 2 I S ID \� 0 50 100 200 SCALE: 1"= 100' 0.0061 ACRE LEGEND DRAINAGE EASEMENT(DE-1) PROPOSED DRAINAGE SITUATED IN THE EASEMENT JOHN H. BARLOUGH, SURVEY FIR® NOTED OTHERWSEUNLESS ( i , �� ABSTRACT NO. 130 V2'SET IRON ROD W/YELLOW �t% IN THE SIR ASSOC.INCAP STAMPED 'HALFF �,......"vavv....,..•B.•, CITY OF NORTH RICHLANDS HILLS, 1/2•SIR V2'SET IRON ROD W/BLUE Gt.IAAS A,CAI-h1QUN W/BLUE PLASTIC CAP STAMPED 'HALFF TARRANT COUNTY TEXAS r+""t'L=`�"�" '"';I f'• + = CAP ESMT.' , iU 1 �Q'•. 'Basis of bearing is NAD83 based on NETRS shot on 10/25/2013 North Richland O CALCULATED POINT FOR A CORNER 0�,, Hills monuments 5,13,14,17 and 22.Northing was adjusted 0.46'north, - •t�,8 E 8�.t'' (CM) CONTROL MONUMENT 'ou Basting was adjusted 1.55'east to bring into RTK tolerance,vertical was left rjlQ ��� �a alone.Levels were run between traverse and work points points 101,102,103, ___ SUBJECT PROPERTY 104,301,302,303,304,and 305 holding the RTK elevation for 101 on _— ADJACENT R.O.W./ PROPERTY LINE 0 10/26/2013.Scale factor 1.00012. sN DGN: EXH011-10111 AVO: 29783 ,,o, ,e,c %glsroroC ONE mom Profoulond LCnC Survoyor,co r,orocy cey M trot t"Io porca"o" n ��I propo•oy tram o auvoy mace ti 0 prousxl ,� 4000 FOSSIL CREEK BLVD.FORT WORTH,TEXAS 76137(817)847-1422 DATE: 07/16/2014 PAGE NO.: 3 OF 3 �my wporvislon ax7 clroctlon, TBPLS FIRM NO.10029605 6u1u9p!m JOI uleuaop 1u9u1ua9 `gZ0-tUZ 'ON uoltn!oseN aaplsuoo : ZSZ�) `d I!q!gx3 8Z0-tg0Z :tuauauoett`d T- oo LL' . d v , a WOODBRIAR MANAGEMENT LTD. DRAINAGE EASEMENT(DE-2) BEING a tract of land in the John H. Barlough Survey, Abstract No. 130 in the City of North Richland Hills, Tarrant County, Texas, being a part of that called 4.847 acre tract of land described in General Warranty Deed to Woodbriar Management Ltd., as recorded in Volume 11976, Page 305 in the Official Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a found 5/8-inch iron rod with cap stamped "RPLS 5199" at the intersection of the northerly right-of-way line of Davis Boulevard (a called 120 foot wide right- of-way) and the north right-of-way line of Newman Drive (variable width right-of-way) and being the southeast corner of that called 4.2660 acre tract of land described in Special Warranty Deed to Quiktrip Corporation, as recorded in Document No. D212025704 in the Official Public Records of Tarrant County,Texas; THENCE South 31 degrees 02 minutes 54 seconds West,across said Newman Drive, a distance of 41.51 feet to the intersection of said existing northerly right-of-way line and the south right- of-way line of said Newman Drive and being the northeast corner of said called 4.847 acre tract of land; THENCE South 30 degrees 30 minutes 22 seconds West, along said northerly right-of-way line, a distance of 430.00 feet to the point of curvature of a circular curve to the left, not being tangent to the preceding course, having a radius of 2,924.79 feet, whose chord bears South 27 degrees 13 minutes 16 seconds West, a distance of 345.89 feet; THENCE Southwesterly, continuing along said northerly right-of-way line and along said circular curve to the left, through a central angle of 06 degrees 46 minutes 48 seconds, an arc length of 346.09 feet to a 1/2-inch set iron rod with plastic cap stamped "HALFF ASSOC INC." (hereinafter referred to as "with cap") for the POINT OF BEGINNING, being at the prolongation of said circular curve to the left, having a radius of 2,924.79 feet, whose chord bears South 23 degrees 44 minutes 37 seconds West, a distance of 8.94 feet; THENCE Southwesterly, continuing along said northerly right-of-way line and along said circular curve to the left, through a central angle of 00 degrees 10 minutes 30 seconds, an arc length of 8.94 feet to a 1/2-inch set iron rod with blue plastic cap stamped "HALFF ESMT" (hereinafter referred to as "with blue cap")for corner; THENCE North 66 degrees 20 minutes 38 seconds West, departing said northerly right-of-way line, a distance of 14.00 feet to a 1/2-inch set iron rod with blue cap for the point of curvature of a circular curve to the right, not being tangent to the preceding course, having a radius of 2,938.79 feet, whose chord bears North 23 degrees 50 minutes 18 seconds East, a distance of 18.71 feet; Page 1 of 3 6u1u9p!m JOI uleuaop 1u9u1ua9 `8Z0-VWZ 'ON uoljn!osaN aaplsuoo : ZSZ�) `d I!q!gx3 8Z0-tg0Z :juauauoejjV N 00 LL . d v , a THENCE Northeasterly, along said circular curve to the right, through a central angle of 00 degrees 21 minutes 53 seconds, an arc length of 18.71 feet to a 1/2-inch set iron rod with blue cap on a circular curve to the left, not being reverse to the preceding course, having a radius of 284.00 feet, whose chord bears South 65 degrees 04 minutes 22 seconds East, a distance of 4.22 feet; THENCE Southwesterly, along said circular curve to the left, through a central angle of 00 degrees 51 minutes 04 seconds, an arc length of 4.22 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 21 degrees 30 minutes 54 seconds East, a distance of 13.73 feet to the POINT OF BEGINNING AND CONTAINING 214 square feet or 0.0049 acres of land,more or less. A plat accompanies this legal description. Page 2 of 3 6ulu9p!m JOI UIBWOp 1uaulU19 '8Z0-tiI,OZ 'ON uognloseN aaplsuo0 : Z9ZI,) `d I!q!gx3 8Z0-tg0Z :JuauauoeJJV -9 M ' 1 00 LL - -- ----------- ---- co LOT 4 BLOCK 1, CND (CM) NEWMAN DRIVE POINT OF 5/B'FIR W/ a" CENTER POINT ADDITION I RPLS 5199 *' CAB.A,SLIDE 8327 (VARIABLE WIDTH R.O.W.) COMMENCING (CM) (DOC.NO.D203164728) I I ------------------^— Lo`j -----^—'–' v P.R.T.C.T. 1 I i�i GH SURVEY , 4� oW. 25'EASEMENT & JOHN H.BAR , 1 RIGHT-OF-WAY AGREEMENT ABSTRACT NO.130 / ©(L 20'INGRESS & 1 15/8'FIR 1_ ' I TEXAS MIDSTREAM EGRESS EASEMENT I I W/TX5819 DO SERVICES,L.L.C. DOG.NO.0209115236 /5236 i '17 VOL.388-156,PG.26 I CAP I O.P.R.T.C.T. GENERAL WARRANTY DEED / Lj __ _ WOODBRIAR MANAGEMENT LTD. PR_Evlot7sT__ 1/2'FIR CALLED 4.847 ACRE TRACT CURVE DATA WATAUGA ROAD W/UNREADI I VOL.11976,PG.305 O TABLE ALLEY 5/8'FIR ABLE CAP i 3 O.R.T.C.T. O/ 1 ��, A=00' 10' 30" ' I ' S21' 30' 54"E �' R=2,924.79' LOTS IOAR,IOBR, I 1/2' SIR W/ 1/2' O T=4.47' 11AR,IIBR I 13.73' 1 AND 12AR,BLOCK 30 I I BLUE CAP SIR L=8.94' COLLEGE HILL ADDITION p ' 2 = POINT OF CB=S23' 44' 37"W VOL.388-163,PG 9 P.R.r.c.r. I p I I'i BEGINNING 1/2' CD=8.94' I cor Lor I I I 'L/ A=00' 21' 53" LL 19� 19-B i BLUE SIR CAP/ 1/2' SIR O, ' J R=2 938.79 Z - 0O I i CARDINAL CT. W i �'' O T=9.36' o , (50' R.O.W.) ' li L° ; 214 SF <�_._..... 1/2' SIR w/ CB�N23' 50' 18"E BLUE CAP 0 - ;/z R 1 0.0049 ACRE , " CD=18.71' DE-2 N66' 20 38 W Lor I LOT g I 14.00' A=00' 51' 04' IOBR IOAR BLOCK BLOCK 30 'I 30 � I DETAIL "A" �M T=2.11' SCALE: 1' = 40' '` 3 L=4.22' 20'INGRESS EA5E & 1 FND 1 CB=S65' 04 22 E EGRESS EASEMENT _ � " m VOL.388-156,PC.26-i NAIL 1 i IL_ ' I A=06' 46' 48" ' �- / CD=4.22' ALLEY I ; R=2,924.79' 4 ��` BRANDI ° T=173.25' ; 4 O J NIF m I 1/2'FIR W/ ' 1 L=346.09' -,�� p0v� - CARDINALS PRECISE CAP 13' 16"W AR O 5 THUR � o ' BLOCK 30 I CD=345.89' OJv1 `�S Ln BLVD. G�� a PEARL COLLEGE HILL I I 44 NEWMAN ADDITION \ PARCEL BY �`�� SITE I EI FILING 1 VOL. 88-37GHTH ,Pc. 75 SEPARATE OWEN I-'P.R.T�C.T_- I . INSTRUMENT Q� 1/2'FIR OWEN DR. w/CAP (50' R.O.W.) m a r"a w ---------] c 0- POINT OF BEGINNING I OCATION MAP ' I LOT 1 I N.T.S. BLOCK 2 SEE N.T.S. 50 100 200 -�,\RF�T DETAIL 'A' SCALE:1" = 100' 0.0049 ACRE LEGEND DRAINAGE EASEMENT(DE-2) PROPOSED DRAINAGE SITUATED IN THE EASEMENT < ` JOHN H. BARLOUGH, SURVEY FIR FOUND IRON ROD UNLESS C3F j' N NOTED OTHERWISE ����''y:C'F•',;•�'`9i, ABSTRACT NO. 130 I/z SET IRON ROD W/YELLOW (s •��yy1 r/$p„LI 7 IN THE SIR® PLASTIC CAP STAMPED 'HALFF Y 4 lO ASSOC.INC.' CITY OF NORTH RICHLANDS HILLS " . 1/2'SIR %2'SET IRON ROD W/BLUE "R""'"�"+ �r n� uu//yy TARRANT COUNTY TEXAS W/BLUE PLASTIC CAP STAMPED 'HALFF DOUGLAS,A,.,CAAL;::/U••• CAP ESMT: • 5�1L7 o 'Basis of bearing is NAD83 based on NETRS shot on 10/25/2013 North Richland O CALCULATED POINT FOR A CORNER90 ��.�: g Hills monuments 5,13,14,17 and 22.Northing was adjusted 0.46'north, (CM) CONTROL MONUMENT '''•,R8 6$�p''� " easting was adjusted 1.55'east to bring into RTK tolerance,vertical was left �a alone.Levels were run between traverse and work points points 101,102,103, _– _ SUBJECT PROPERTY p BURY 104,301,302,303,304,and 305 holding the RTK elevation for 101 on ___ ADJACENT R.O.W./ PROPERTY LINE 10/26/2013.Scale factor 1.00012. � I� SN a DGN: EXH011-DE2-29183.dgn AVO: 29783 4DOUgoo A.Cono-eby, .,,of"tl Profo"alond LOntl C propwor.from ar cortlfy ihol 1hi"porc"rca y"" vWo�mY"upervialor,yontl tltr"ct. ".p'ountl 4000 FOSSIL CREEK BLVD.FORT WORTH,TEXAS 76137(817)847-1422 DATE: 07/16/2014 PAGE NO.: 3 OF 3 TBPLS FIRM NO.10029605 6ulu9p!m JOI uleuaop 1u9u1ua9 `gZ0-VWZ 'ON uoltn!oseN aaplsuoo : ZSZ�) `d I!q!gx3 8Z0-tg0Z :tuauauoettd 00 U. a d WOODBRIAR MANAGEMENT LTD. TEMPORARY CONSTRUCTION EASEMENT (TCE-1) (L BEING a tract of land in the John H. Barlough Survey, Abstract No. 130 in the City of North Richland Hills, Tarrant County, Texas, being a part of that called 4.847 acre tract of land described in General Warranty Deed to Woodbriar Management Ltd., as recorded in Volume 11976, Page 305 in the Official Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a found 5/8-inch iron rod with cap stamped "RPLS 5199" at the intersection of the northerly right-of-way line of Davis Boulevard (a called 120 foot wide right- of-way) and the north right-of-way line of Newman Drive (variable width right-of-way) and being the southeast corner of that called 4.2660 acre tract of land described in Special Warranty Deed to Quiktrip Corporation, as recorded in Document No. D212025704 in the Official Public Records of Tarrant County,Texas; THENCE South 31 degrees 02 minutes 54 seconds West, across said Newman Drive, a distance of 41.51 feet to the intersection of said existing northerly right-of-way line and the south right- of-way line of said Newman Drive and being the northeast corner of said called 4.847 acre tract of land; THENCE South 30 degrees 30 minutes 22 seconds West, along said northerly right-of-way line, a distance of 430.00 feet to the point of curvature of a circular curve to the left, not being tangent to the preceding course, having a radius of 2,924.79 feet, whose chord bears South 28 degrees 08 minutes 51 second West, a distance of 251.45 feet; THENCE Southwesterly, continuing along said northerly right-of-way line and along said circular curve to the left, through a central angle of 04 degrees 55 minutes 38 seconds, an arc length of 251.53 feet for the POINT OF BEGINNING, being at the prolongation of said circular curve to the left, having a radius of 2,924.79 feet, whose chord bears South 25 degrees 36 minutes 54 seconds West, a distance of 7.00 feet; THENCE Southwesterly, continuing along said northerly right-of-way line and along said circular curve to the left, through a central angle of 00 degrees 08 minutes 14 seconds, an arc length of 7.00 feet to a 1/2-inch set iron rod with yellow plastic cap stamped "HALFF ASSOC. INC." (hereinafter referred to as "with cap") for corner at the intersection of said northerly right-of-way line and the new east right-of-way line of Smithfield Road (variable width right- of-way); THENCE South 69 degrees 53 minutes 49 seconds West, departing said northerly right-of-way line and along said new east right-of-way line, a distance of 14.28 feet to a 1/2-inch set iron rod with cap for the point of curvature of a circular curve to the right, having a radius of 216.00 feet, whose chord bears North 32 degrees 49 minutes 11 seconds West, a distance of 233.24 feet; THENCE Northwesterly, continuing along said new east right-of-way line and along said circular curve to the right, through a central angle of 65 degrees 21 minutes 21 seconds, an arc length of 246.39 feet to a 1/2-inch set iron rod with cap for corner; Page 1 of 3 6u1u9p!m JOI uleuaop 1u9u1ua9 `8Z0-tUZ 'ON uoljn!osaN aaplsuoo : ZSZ�) `d I!q!gx3 8Z0-tg0Z :juauauoejjd � LL' . d THENCE North 00 degrees 08 minutes 31 seconds West, continuing along said new east right- of-way line, a distance of 329.62 feet to a 1/2-inch set iron rod with cap for the point of a. curvature of a circular curve to the left, having a radius of 1,034.00 feet, whose chord bears North 01 degree 15 minutes 15 seconds West, a distance of 40.15 feet; THENCE Northwesterly, continuing along said new east right-of-way line and along said circular curve to the left, through a central angle of 02 degrees 13 minutes 29 seconds, an are length of 40.15 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 02 degrees 22 minutes 00 seconds West, continuing along said new east right- of-way line, a distance of 28.33 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 43 degrees 51 minutes 22 seconds East, continuing along said new east right- of-way line, a distance of 13.85 feet to a 1/2-inch set iron rod with cap for corner at the intersection of said east right-of-way line and the south right of way line of said Newman Drive; THENCE South 00 degrees 23 minutes 59 seconds West, departing said new east right-of-way line and said south right of way line, a distance of 78.42 feet to a point for corner; THENCE South 00 degrees 08 minutes 31 seconds East, a distance of 187.60 feet to a point for corner; THENCE North 89 degrees 51 minutes 29 seconds East, a distance of 3.00 feet to a point for corner; THENCE South 00 degrees 08 minutes 31 seconds East, a distance of 142.02 feet to a point for corner; THENCE North 89 degrees 51 minutes 29 seconds East, a distance of 5.00 feet to the point of curvature of a circular curve to the left, not being tangent to the preceding course, having a radius of 201.00 feet, whose chord bears South 32 degrees 17 minutes 12 seconds East, a distance of 213.89 feet; THENCE Southeasterly, along said circular curve to the left, through a central angle of 64 degrees 17 minutes 22 seconds, an arc length of 225.53 feet to a point for corner; THENCE North 25 degrees 34 minutes 07 seconds East, a distance of 1.95 feet to a point for corner; THENCE South 65 degrees 39 minutes 27 seconds East, a distance of 14.01 feet to the POINT OF BEGINNING AND CONTAINING 7,027 square feet or 0.1613 acres of land,more or less. A plat accompanies this legal description. Page 2 of 3 6u!uap!An JOI UIBWOp 1u9u!uI9 `8Z0-t WZ 'ON uo!jnloseN aap!suo0 : ZSZ�) V I!q!gx3 8Z0-tg0Z :JuauauoeJJV -9 00 00 LL CUD lCM1- NEWMAN DRIVE POINT OF 05/8'FIR W/ LL " LOT 1,BLOCK 1, CENTER POINT ADDITION I I 3 1/2' RPLS 5199 0. CAB.A.SLIDE 8327 I I SIR (VARIABLE WIDTH R.O.W.) COMMENCING (CM) fDOC.N0.D2031647281 I I -----------------^-'----- -------' ,y> P.R.T.C.T. I I I I 4 25'EASEMENT & GENERAL WARRANTY DEED i RIGHT-OF-WAY AGREEMENT WOODBRIAR MANAGEMENT LTD. I (- 5/8'FIR TEXAS MIDSTREAM GAS SERVICES,L.L.C. g/ ~ W/TX5819 2 DOC.NO.D209115236 CALLED 4.847 ACRE TRACT / CAP I I 1/2'_ o.P.R.T.C.T. VOL.11976,PG.305 20'INGRESS & II SIR O.R.T.C.T. �A.) EGRESS EASEMENT II 3 VOL.388-i56,PG.26 BEARING/DISTANCE TABLE PREVIOUSLY 1/2' 1/2 0� WATAUGA ROAD FIR SIR i NO. BEARING DISTANCE ALLEY 5/e :`) _ 'FIR 1 S69' 53' 49'W 14.28' I� 0 50 100 200 2 NO2' 22' 00'W 28.33' LOTS IOAR,IOBR, 11AR,IIBR ( 01'- 3 NAY 51' 22"E 13.85' i SCALE: 1"= 100' AND 12AR,BLOCK 30 00 COLLEGE HILL ADDITION I d 1 O r 4 SOO' 23' 59'W 78,42' V VOL.388-163,PG 9 I P.R.T.C.T. Q I N 5 N89' 51' 29'E 3.00' Irv, LOCATION MAP � I Lor Lor 1 � ^ I� 6 N89' 51' 29'E 5.00' "� LL I I9-A1 WITI I �y 5 N.T.S. Z O 7 N25' 34' 07'E 1.95' �O CARDINAL CT. 1 51 � �, BRANDI do W _ 8 S65' 39' 27'E 14.01' NIF I° yPO�` �- CARDINAL (50' ROW). . . ' IL ,45 w 1 i _ = 4 \ Z ARTHUR t ° BLVD. ur 1/2 1FIF R M r S v LOT I LOT pp 0 7 y Q G 7 S F G�t�F. a PEARL �� NEWMAN ° eLOOC, B1 OC I ° 0.1613 ACRE � SITE 30 30 0 T C E—1 OWEN SQQ\C� 20'INGRESS & I F ND I PgOOt EGRESS EA5EMENTI m VOL.388-156,PG.26 NAIL I 6 OJG ON OC a N O J LLL���.. 1/2' ALLEY SIR G 1/2'FIR W/ PRECISE CAP 1 1 I 4 P OV^ry Q i BLOCK 30 I i RIGHT—OF—WAY PARCEL BY /�� CURVE DATA TABLE COLLEGE HILL i ADDITION I SEPARATE I I EIGHTH FILING I 1 INSTRUMENT Q'T VOL.388-37,PG. 75 I A=04' 55' 38' A=02' 13' 29' P.R.T.C.T. 7 R=2.924.79' R=1.034.00' I— FIR I 1/2• 8 T=125.84' 3 T=20.08' OWEN DR. W/CAP SI O L=251.53' L=40.15' (50' R.O.W.) SIR 1/2" CB=S28' 08' 51'W CB=N01' 15' 15'W POINT OF CD=251.45' CD=40.15' ' A=65° 21' 21" 1 \ 1/2' 1/2' BEGINNING 1 \ SIR SIR 2 A=00' 08' 14' A=64' 17' 22' N i RT=138.00' 'I� � 1 R=2.924.79' R=201.00' N=1\132'246.39 ; 2 L=7.00, T=126.31' 49' 11"W a L=225.53' 1/2' SIR CB=S25' 36' 54'W CB=S32' 17' 12"E CD=233.24' I 1/2' SIR CD=7.00' CD=213.89' LOT 1 BLOCK I2 I 1 - -� A LEGAL DESCRIPTION ACCOMPANIES THIS EXHIBIT 0.1613 ACRE LEGEND ° TEMPORARY CONSTRUCTION EASEMENT PROPOSED T.C.E. SITUATED IN THE FOUND IRON ROD UNLESS OF 7;N JOHN H. BARLOUGH, SURVEY FIRS NOTED OTHERWISE ABSTRACT NO. 130 %2'SET IRON ROD W/YELLOW 9 SIR® PLASTIC CAP STAMPED 'HALFF `� Q IN THE ASSOC,1 t CITY OF NORTH RICHLANDS HILLS, .D ...7..±..e/IkS�r"AnI..h..O°.'N�nwY.... LL CALCULATED POINT FOR QQUVI..,J... .....1....JU TARRANT COUNTY TEXAS A CORNER .o.y....a.+.••• < ,. (CM) CONTROL MONUMENT '�p a qr Basis of bearing is NAD83 based on NETRS shot on 10/25/2013 North Richland O v, & Hills monuments 5,13,14,17 and 22.Northing was adjusted 0.46'north, —— PROPOSED CENTER LINE w easting was adjusted 1.55'east to bring into RTK tolerance,vertical was left SUBJECT PROPERTY a alone.Levels were run between traverse and work points points 101,102,103, 104,301,302,303,304,and 305 holding the RTK elevation for 101 on __— ADJACENT R.O.W./ PROPERTY 10/26/20138g.Scale factor 1.00012. LINE aN DGN: EXH012•TCE-1-29783.dgn AVO: 29783 oa oa"..cap, 8a01at"ratl Pro4oas porcontl OEM Surveyor.tlo hereby cortlfy tnot tnle porcoi roe , preporatl from a wrvoy matl"on the prountl antler my wpe-13 on antl tliraction. 4000 FOSSIL CREEK BLVD.FORT WORTH,TEXAS 78137(017)847-1422 DATE: 10/01/2014 PAGE NO.: 3 OF 3 TBPLS FIRM NO.10029805 6ulu9p!m JOI uleuaop tuau!uaa `gZ0-VWZ 'ON uoltn!oseN aaplsuoo : ZSZ�) `d t!q!gx3 8Z0-tg0Z :tuauauoettd ti 00 U. a d v , WOODBRIAR MANAGEMENT LTD. a. TEMPORARY CONSTRUCTION EASEMENT(TCE-2) BEING a tract of land in the John H. Barlough Survey, Abstract No. 130 in the City of North Richland Hills, Tarrant County, Texas, being a part of that called 4.847 acre tract of land described in General Warranty Deed to Woodbriar Management Ltd., as recorded in Volume 11976, Page 305 in the Official Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a found 5/8-inch iron rod with cap stamped "RPLS 5199" at the intersection of the northerly right-of-way line of Davis Boulevard (a called 120 foot wide right- of-way) and the north right-of-way line of Newman Drive (variable width right-of-way) and being the southeast corner of that called 4.2660 acre tract of land described in Special Warranty Deed to Quiktrip Corporation, as recorded in Document No. D212025704 in the Official Public Records of Tarrant County, Texas; THENCE South 31 degrees 02 minutes 54 seconds West, across said Newman Drive, a distance of 41.51 feet to the intersection of said existing northerly right-of-way line and the south right- of-way line of said Newman Drive and being the northeast corner of said called 4.847 acre tract of land; THENCE South 30 degrees 30 minutes 22 seconds West, along said northerly right-of-way line, a distance of 430.00 feet to the point of curvature of a circular curve to the left, not being tangent to the preceding course, having a radius of 2,924.79 feet, whose chord bears South 27 degrees 13 minutes 16 seconds West, a distance of 345.89 feet; THENCE Southwesterly, continuing along said northerly right-of-way line and along said circular curve to the left, through a central angle of 06 degrees 46 minutes 48 seconds, an arc length of 346.09 feet to a 1/2-inch set iron rod with plastic cap stamped "HALFF ASSOC INC." (hereinafter referred to as "with cap") for the POINT OF BEGINNING, being at the prolongation of said circular curve to the left, having a radius of 2,924.79 feet, whose chord bears South 23 degrees 45 minutes 30 seconds West, a distance of 7.44 feet; THENCE Southwesterly, continuing along said northerly right-of-way line and along said circular curve to the left, through a central angle of 00 degrees 08 minutes 45 seconds, an arc length of 7.44 feet to a point for corner; THENCE North 65 degrees 39 minutes 27 seconds West, a distance of 9.14 feet to a point for corner; THENCE North 24 degrees 20 minutes 33 seconds East, a distance of 2.00 feet to the point of curvature of a circular curve to the right, having a radius of 299.00 feet, whose chord bears North 58 degrees 06 minutes 43 seconds West,a distance of 78.53 feet; THENCE Northwesterly, along said circular curve to the right, through a central angle of 15 degrees 05 minutes 29 seconds, an arc length of 78.76 feet to a point for corner; Page 1 of 3 6u1u9p!m JOI uleurop 1u9u1ur9 `8Z0-tUZ 'ON uoljn!osaN aaplsuoo : ZSZ�) `d I!q!gx3 8Z0-tg0Z :juauruoejjd 00 00 LL . d THENCE North 39 degrees 26 minutes 02 seconds East, a distance of 5.00 feet to the point of curvature of a circular curve to the right, not being tangent to the preceding course, having a (L radius of 294.00 feet, whose chord bears North 43 degrees 51 minutes 57 seconds West, a distance of 68.61 feet; THENCE Northwesterly, along said circular curve to the right, through a central angle of 13 degrees 24 minutes 04 seconds, an are length of 68.76 feet to a point for corner on the existing east right-of-way line of said Smithfield Road; THENCE North 00 degrees 00 minutes 54 seconds East, along said existing east right-of-way line, a distance of 5.93 feet to a 1/2-inch set iron rod with cap for corner at the intersection of said existing east right-of-way line and the new southerly right-of-way line of said Smithfield Road; THENCE South 77 degrees 42 minutes 49 seconds East, departing said existing east right-of- way line and along said new southerly right-of-way line, a distance of 9.89 feet to a 1/2-inch set iron rod with cap for the point of curvature of a circular curve to the left, not being tangent to the preceding course, having a radius of 284.00 feet, whose chord bears South 51 degrees 36 minutes 45 seconds East, a distance of 136.31 feet; THENCE Southeasterly, continuing along said new southerly right-of-way line and along said circular curve to the left, through a central angle of 27 degrees 46 minutes 17 seconds, an arc length of 137.66 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 21 degrees 30 minutes 54 seconds East, continuing along said new southerly right-of-way line, a distance of 13.73 feet to the POINT OF BEGINNING AND CONTAINING 1,950 square feet or 0.0448 acres of land,more or less. A plat accompanies this legal description. Page 2 of 3 6u!u9101W JOI ulBUUOP 1u9u1ua9 '8Z0-tiI,OZ 'ON uognloseN .lap!suoO : Z9ZI,) V I!q!gx3 8Z0-tg0Z :JugUUg3eJJV LL 00 ------------------------ ---- CUT (CM> NEWMAN DRIVE POINT OF RPLS 5199 ++ LOT 1,BLOCK I, I I 5/8'FIR W/ 0. CENTER POINT ADDITION CAB.A.SLIDE 8327 I I /VARIABLE WIDTH R.O.W.) COMMENCING (CM) (DOC.NO.D203164728) --- --`------^—^^— - --�—^-�'---' v3�. P.R.T.C.T. I I 1 1/2'- Q R1 I I SIR 25'EASEMENT & GENERAL WARRANTY DEED 4� p RIGHT-OF-WAY AGREEMENT WOODBRIAR MANAGEMENT LTD. ` ` 5/8'FIR J TEXAS MIDSTREAM GAS SERVICES,L.L.C. W/TX5819 I I I DOC.NO.D209115236 CALLED 4.847 ACRE TRACT / CAP 1/2 O.P.R.T.C.T. VOL.11976,PG.305 20'INGRESS & I I SIR O.R.T.C.T. n� EGRESS EASEMENT II / VOL.388-156,PG.26 BEARING/DISTANCE TABLE PREVIOUSLY 1/2, 1/2 I ` WATAUGA ROAD FIR SIR I I NO. BEARING DISTANCE O� ALLEY 5/8•FIR I I I 1 N65' 39' 27'W 9.14' O �d 0 100 20 I 1 I 2 N24' 20' 33'E 2.00' LOTS IOAR,IOBR, LIAR,IIBR 3 N39' 26' 02'E 5.00' SCALE: 1" = 100' AND 12A R,BLOCK 30 COLLEGE HILL ADDITION ¢ 1 I q N00' 00' 54'E VOL.388-163,PG 9 I I I P.R.T.C.T. y� JI Q I I 5 S77' 42' 49'E 9.89' (}°, LOCATION MAP 9D-Q I 19 e 1 0Y i I 6 S21' 30' 54-E 13.73' O N.T.S. Z - x BRANDI ° g CARDINAL CT. I I J�' NIF I W p I 1 �VO 3� CARDINAL (50 R.O.W.) ILL Lr) I , P, y N � �P® a _ _ I J� 0' ARTHUR BLVD. ti 1/r2'FIFIR JQ'G�� I !— IO T IO T G , i sod f�'�` ��� �T�O NEWMAN p PEARL 30 30 BLOCK I I I Q� SITE 4 SN��aGs OWEN Q(; 20'INGRESS & 1 FND I EGRESS EASEMENT PK N C a NVOL.388-156, C.26-, NAIL I I w o 0 cJ ALLEY SIR I i 1,950 SF �p � °SS 1/2'FIR W/ i 0.0448 ACRE I PRECISE CAP I LOT I T C E 2 BLOCK 30 I � \ \ RIGHT-OF-WAY CURVE DATA TABLE I COLLEGE ADDIITIONLL I I �% PARCEL BY j EIGHTH FILING I 1 SEPARATE A=06' 46' 48' VOL.388-37,PG. 75 1 A=15' 05' 29' P.R.T.C.T. INSTRUMENT R=2.924.79' R=299.00' I------ 5 ` i T=173.25' T=39.61' 1/2'FIR7 1/2' I W/CAP SIR 1 \ O L=346.09' O L=78.76' OWEN DR. siR• 4 CB=S27' 13' 16'W CB=N58' 06' 43'W _50' R.O.W-) 4 CD=345.89' CD=78.53' ' 6=13' 2424' 04" 1 1/2' SIR 1/2" SIR IR=294.00' I 13 1/2' 6 A=00' 08' 45' A=27' 46' 17' 1 T-34.54' R=2.924.79' R=284.00' SIR T=3.72' T=70.21' W ' L=68.76' 1 POINT OF 2 L=7.44, 4 L=137.66' I CB=N43' 51' 5('W 3 2 BEGINNING CB=S23' 45' 30'W a CB=S51' 36' 45'E CD=68.61' ' I 1/2' SIR CD=7.44' CD=136.31' LOT ' 1 I BLOCK 2 I u1 - �J—� 2 A LEGAL DESCRIPTION ACCOMPANIES THIS EXHIBIT 0.0448 ACRE j� LEGEND TEMPORARY CONSTRUCTION EASEMENT PROPOSED T.C.E. (2$ !r SITUATED IN THE �j FOUND IRON ROD UNLESS m JOHN H. BARLOUGH, SURVEY FIR NOTED OTHERWISE Y.��;'""•°•„�'I. ry ABSTRACT NO I . 130 /2•SET IRON ROD W/YELLOW SIR® PLAS C� TIC CAP STAMPED 'HALFF s4 Ia�'4 2 IN THE ASSOC.INC.' t CITY OF NORTH RICHLANDS HILLS, CALCULATED POINT FOR (' TARRANT COUNTY TEXAS A CORNER DQU°GLA,;,)A:.CALhi� ,, n, 'Basis of bearing is NAD83 based on NETRS shot on 10/25/2013 North Richland (CM) CONTROL MONUMENT °g Hills monuments 5,13,14,17 and 22.Northing was adjusted 0.46'north, —— PROPOSED CENTER LINE ti'•QFf G S�0 '' ” easting was adjusted 1,55'east to bring into RTK tolerance,vertical was left ___ SUBJECT PROPERTY 1�,••.P G alone.Levels were run between traverse and work points points 101,102,103, NQ $U �+ 0 104,301,302,303,304,and 305 holding the RTK elevation for 101 on __— ADJACENT R.O.W./ PROPERTY 0 10/26/2013.Scale factor 1.00012. LINE aN DGN: EXH012-TCE-1.2.29783.dgn AVO: 29783 L0*=3 A. Re0Isteroo ProPeaalo Mano c Surveyor,ao heraCy certify that thla par 1-5 ! Rroparetl 1—a aurvoy maoo on tho Around P 4000 FOSSIL CREEK BLVD.FORT WORTH,TEXAS 76137(817)847-1422 unoer my aupervlalon an0 alrectlon. TBPLS FIRM NO.10029605 DATE: 10/01/2014 PAGE NO.: 3 OF 3 F.2 r4R NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Authorize City Manager to execute an agreement with Atmos Energy Corporation to provide energy-efficient weatherization measures to eligible residents in North Richland Hills. Presenter: Debbie York, Environmental Services Coordinator Summary: Atmos Energy Corporation is offering $23,750 to provide weatherization measures for eligible residents of single family homes in North Richland Hills. General Description: Atmos Energy is once again offering the City of North Richland Hills funding in the amount of $23,750 to provide weatherization to eligible Atmos gas residents. The Keeping the Warmth measures will enable the program beneficiaries to save money and reduce energy use without sacrificing comfort. At the same time, conserving energy extends our natural resources. The average maximum spent per residence will be approximately $1,500. Energy efficient weatherization will include such items as: duct sealing, caulking, weather- stripping, insulation, natural gas main heating source replacement, water heater replacement. This agreement requires that 100% of the funding be spent on or before June 30, 2015. Compensation in the amount of 5% of the amount spent of the Keeping the Warmth funds will be returned to the City for administering the program. The Neighborhood Services department is seeking authorization to apply for and utilize available grant funding through the Atmos Energy "Keeping the Warmth" program. The City of North Richland Hills is eligible to receive grant funds in the amount of $23,750, purposed for enhanced weatherization measures for eligible Atmos utility customers. Administration of the grant will provide NRH citizens the ability to save money and reduce energy use without sacrificing comfort. The overall goal of the program is to further energy conservation so as to extend our natural resources. This grant will provide up to $1,500 of contracted improvements per qualifying residence. Energy efficient weatherization will include such items as: duct sealing, caulking, weather-stripping, insulation, gas main heating source replacement, and water heater replacement. As the grant administrator, the city will receive and preselect Packet Pg.90 F.2 r4R NO&TH KICHLAND HILLS applicants, contract improvements, and oversee expenditures while incurring no upfront expenses. The grant agreement requires that all of the available funds be exhausted on or before June 30, 2015. In addition, a 5% administrative fee will be paid to the city for our part in managing and disseminating grant funds to local contracts on behalf of NRH citizens. Recommendation: To Approve Resolution No. 2014- Packet Pg.91 F.2 r4R NORTH KICHLAND HILLS RESOLUTION NO. 2014-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS AUTHORIZING THE EXECUTION OF ATMOS ENERGY KEEPING THE WARMTH AGREEMENT IN THE AMOUNT OF $23,750; AND AUTHORIZING IMPLEMENTATION OF THE KEEPING THE WARMTH PROGRAM. WHEREAS, ATMOS ENERGY, HAS DEVELOPED THE LOW-INCOME KEEPING THE WARMTH PROGRAM (KTW) AND WHEREAS, The City has heretofore by passage of Resolution 2014-XXX authorized execution of an agreement to administer funding of$23,750 grant funded by Atmos. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. The City Manager or his designee is hereby authorized to execute all necessary documents, certifications and grant agreements to take all necessary and appropriate action to implement the Keeping the Warmth Program for eligible single family households in North Richland Hills. SECTION 3. A substantial copy of the Agreement is attached hereto and incorporated herein for all purposes. SECTION 4. This Resolution shall be effective from and after its passage. PASSED AND APPROVED this the day of , 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Packet Pg.92 F.2 r4R NO&TH &QCHLAND HILLS APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: (Dept Head Name & Title) Packet Pg.93 M IMOS F.z.� energy KEEPING THE WARMTH AGREEMENT This Keeping the Warmth Agreement ("Agreement") including exhibit (A) is made and entered into as of the 21 Li day of Opyl n cf s 2025 ("Effective Date") by and between Atmos ° Energy Corporation, a Texas and Virginia corporation ("Atmos Energy Energy") and U f DjLz pgOpatii Sjd dope I jnin a lby Fyf n u ("Agency"). CU BACKGROUND: a Atmos Energy and Agency recognize the need for providing charitable assistance to E Q persons in financial distress to reduce energy related costs by installing weatherization measures a improving energy efficiencies in the home. Y M d Atmos Energy has developed the low-income Keeping the Warmth Program ("KTW") to help meet that need and to be utilized as a supplement to government and community aid E programs designed to assist persons in financial distress weatherize their homes. �° Agency is organized, inter alia, to provide charitable assistance to persons in financial 0 distress, and Agency recognizes that Keeping the Warmth is a program for providing charitable a weatherization assistance to individuals. Q L O Atmos Energy will act merely as a conduit for contributions made by others so that Agency and such other nonprofit charitable organizations can use and apply such contributions > for the charitable purposes of the Keeping the Warmth Program. >_ L AGREEMENT: d In consideration of the mutual covenants hereinafter set forth, Atmos Energy and Agency hereby agree as follows: S CL 0 0 1. Keeping the Warmth d Agency acknowledges that Atmos Energy has established Keeping the Warmth and that E said program is funded by contributions from Atmos Energy shareholders and its customers. a Agency further acknowledges that the policies and procedures governing the collection and the Q disbursement of the funds contributed to Keeping the Warmth (KTW) shall be established and may be modified by Atmos Energy from time to time, provided that Keeping the Warmth Funds shall always be disbursed to one or more Agencies, and shall never be retained by Atmos Energy for any other purpose and must be used solely for Atmos Energy customers. 2. Funds Page 1 Version 5 (64943) Packet Pg.9 F.z.� Any Keeping the Warmth Funds obtained by Atmos Energy are deemed to be collected on behalf of one or more Agencies for the purposed described above. Atmos Energy will act merely as a conduit for monies collected so that Agency and such other nonprofit charitable organizations can use and apply such funds for the charitable purposes of the Keeping the Warmth Program. 3. Fund Guidelines ca L The Agency shall have the sole right to determine who receives the Keeping the Warmth ° a Funds (such person being a "Beneficiary") subject, however, to the following conditions and restrictions: E 3.1 Agency is required to process all Keeping the Warmth invoices and all other required information for payment using the MAACLINK web based software. 0 3.2 A Beneficiary is eligible to receive a maximum of $1,500.00 in Keeping E the Warmth assistance per 12 month program year. a 3.3 Although a Beneficiary does not have to meet federal low- income WAP guidelines in order to be eligible to receive Keeping the Warmth Funds, such Beneficiary shall be a person experiencing higher than average energy burden and financial hardship that limit E their ability to make weatherization improvements to their primary residence. �° 3.4 A Beneficiary must be the named person or full-time resident on the Atmos E Energy gas account for which weatherization assistance is being requested. Q 3.5 Keeping the Warmth Funds may only be used for energy efficient c weatherization of the customer's primary residence and include such items as: d 3.5.1 Natural Gas Piping—inside home repair 3.5.2 Customer owned natural gas yard line repair CU 3.5.3 Natural gas water heater replacement 3.5.4 Natural gas main heating source replacement 3.5.5 Insulation—Attic and Walls a, 3.5.6 Natural Gas water heater insulation blanket CL 3.5.7 Duct sealing, caulking, weather-stripping, wall outlet insulation covers, and aerators . a� E 4. Keeping the Warmth Report Q 4.1 In the event Atmos Energy ceases to use the MAACLINK Web-based program for any reason, Agency agrees to complete a Keeping the Warmth Report in the form and content provided by Atmos Energy (the "Keeping the Warmth Report") for each month during the term of this Agreement. The Keeping the Warmth Report shall be sent to Atmos Energy no later than the tenth (10th) day of the month following the month for which the report was prepared. Atmos Energy may from time to time amend the form, content and information Page 2 Version 5 (64943) Packet Pg.95 requested in the Keeping the Warmth Report by providing thirty (30) day advance written notice to Agency. The monthly report is not required during periods when Agency does not have Keeping the Warmth Funds available to disburse to Beneficiaries. 5. Right to Audit Atmos Energy and its designated agents, representatives, accountants and attorneys shall have full access, at all reasonable times, to the properties, books and records of Agency for ° a examination of Agency's administration of Keeping the Warmth Funds and compliance with Section 7 below; provided however, this Section shall not be interpreted as granting Atmos E Energy the right to control how Agency determines which Beneficiaries will be entitled to receive Keeping the Warmth Funds or how Agency governs its day to day business. 0 6. Compliance with Codes E d d Agency represents and warrants that either: M d 6.1 It is a state, county, municipal agency who provides on a consistence basis weatherization assistance: or E L O U_ 6.2 it is and shall continue to be during the term of this Agreement an organization described in Section 501(c)(3) of the Internal Revenue Code and it Regulations as E they now exist or as they may be amended from time to time (the "Code"), is exempt from federal income taxes under Section 501(a) of the Code, and contributions to Agency are °1 Q deductible from federal income taxes of the donor, within limits and guidelines of Section 170 of c the Code. Agency covenants and agrees that it will take no action or omit to perform any act that will prejudice its status under said provisions of the Code. > Agency will immediately notify Atmos Energy if at any time during the term of this Agreement any of the representations made in this Section cease to be true. d 7. Non-exclusive Agreement Q Agency acknowledges that Atmos Energy may enter into one or more agreements with Y other charitable organizations, including charitable organization located within Agency's service area, pursuant to which such organization will be eligible to participate in Keeping the Warmth. 0 8. Term and Termination Q The term of this Agreement is for one program year beginning July 1st and ending on June 30th and becomes effective as of the date Atmos Energy and Agency executes the agreement. This Agreement shall automatically renew for successive one year periods. Either Agency or Atmos Energy may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other party. Page 3 Version 5 (64943) Packet Pg.96 F.z.� 9. Miscellaneous 9.1 Governing Law. This Agreement will be governed by the laws of the State of Texas without regard to conflicts of laws principles. 9.2 Waiver. The rights and remedies of the parties to this Agreement are E cumulative and not alternative. Neither the failure nor any delay by either party in exercising 0 any right, power or privilege under this Agreement will operate as a waiver of such right, power ° a or privilege. No single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, E power or privilege. To the maximum extent permitted by applicable law, (a) no claim or right CU arising out of this Agreement can be discharged by one party, in whole or in part, by a waiver or 0 renunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; E and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of a such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement. N =1 9.3 Binding Effect; Delegation of Duties Prohibited. This Agreement E inures to the benefit of, and is binding upon, the parties hereto and their respective successors �° assigns, heirs and legal representatives, including any entity with which the Atmos Energy may merge or consolidate or to which all or substantially all of its assets may be transferred. The E duties and covenants of the Agency under this Agreement, being personal, may not be delegated. Q 9.4 Notices. Whenever it is provided in this Agreement that any notice, c demand, request, consent, approval, declaration or other communication be given to or served upon any of the parties by another, such notice, demand, request, consent, approval, declaration > or other communication will be in writing and will be deemed to have been duly given (i) when received if personally delivered, (ii) when transmitted if transmitted by telecopy (except that telecopies transmitted after 5:00 p.m. in the recipient's time zone will be deemed delivered the next business day), electronic or digital transmission method, (iii) the business day after it is sent, if sent for next business day delivery to a domestic address by a nationally recognized overnight a, delivery service (i.e. Federal Express) and (iv) three business days after it is sent, if sent by CL certified or registered mail, return receipt requested. In each case notice will be sent to: If to Atmos Energy: d Atmos Energy Corporation Attn: Keeping the Warmth Program P.O. Box 650205 Q Dallas, TX 75265-0205 Page 4 Version 5 (64943) Packet Pg.97 If to Agency: Ui f Q Lz pg Opsu Sj di rboe I j n t 8412 OF Wpq 931 Opsu Sj di rboe I j n t-UY/ 87291 or at such other address as the intended recipient will from time to time designate by written notice delivered in accordance herewith. L 9.5 Entire Agreement; Amendments. This Agreement contains the entire ° a agreement between the parties with respect to subject matter hereof and supersedes all prior agreements and understandings, oral or written, between the parties hereto with respect to the E subject matter hereof. This Agreement may not be amended orally, but only by an agreement in writing signed by each of the parties hereto. 9.6 Section Headings and Construction. The headings of Sections in this E Agreement are provided for convenience only and will not affect its construction or interpretation. All references to "Section" refer to the corresponding Section of this Agreement unless otherwise specified. All words used in this Agreement will be construed to be of such gender or number as the circumstances require. Unless otherwise expressly provided, the word "including" does not limit the preceding words or terms. E L O LL 9.7 Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will E remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or Q unenforceable. c 9.8 Counterparts. This Agreement may be executed in one or more > counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. 9.9 Replacement of Existing Agreement. This Agreement replaces the entire Keeping the Warmth Agreement entered into by the parties. Q IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date above first written above. a� E ATMOS ENERGY CORPORATION The City of North Richland Hills a Texas and Virginia corporation Tax Exempt Local Government Q Energy Assistance Program Manager Mark Hindman, City Manager Page 5 Version 5 (6-19-13) Packet Pg.98 Exhibit A Schedule of Payment to Administer the Keeping the Warmth (KTW) Program In consideration for the strict adherence to the terms and conditions of the Agreement and subject to the Agency performance of the work set forth in the Agreement, to the satisfaction of Atmos Energy Corporation's authorized representative, Atmos Energy agrees to compensate the o Agency in the following manner. °- E Quarterly, Agency will receive form Mid-America Assistance Coalition (MAAC)five (5) CU percent of the quarterly amount spent of KTW funds for low-income weatherization. E Q aD aD M N r E L O LL d E d d L Q L O d E L CU d E Q d d Y d E V Q Page 6 Version 5 (64943) Packet Pg.99 H.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: November 10, 2014 Subject: Announcements - Council Member Welch Presenter: Mary Peters, Public Information Officer Summary: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. General Description: Announcements - Join us tomorrow, November 11th, for the annual Veteran's Day Celebration. The event begins at 11 a.m. at Liberty Park. The November 24th City Council Meeting has been cancelled. Our next meeting will be held on Monday, December 8 th City Hall and other non-emergency offices will be closed on Thursday and Friday, November 27th and 28th for the Thanksgiving Holiday. Garbage and recycling will not be collected on Thanksgiving Day. Thursday's collections will be made on Friday and Friday's collections will shift to Saturday. Mark your calendars for the annual Night of Holiday Magic, which is being planned for Saturday, December 6th. You can find more details on the city's website or by calling the Parks & Recreation Department at 817-427-6620. North Richland Hills' new Animal Adoption and Rescue Center is under construction at 7301 Iron Horse Boulevard. You can be part of the new facility by purchasing a paver or sponsoring a kennel. Order by December 15th to guarantee installation before the grand opening this spring. Pavers and sponsorships can also be purchased as gifts for friends, family or pets. For more information, visit the city's website or call 817-427- 6570. Kudos Korner - Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Packet Pg. 100 H.1 r4 NO&TH KICHLAND HILLS Jodi Griggs and Amber Martin of the Parks & Recreation Department - A citizen mailed a letter to the city regarding her first outing with the NRH Senior Center. She said she had wonderful time due in large part to Jodi and Amber. She noted that they were organized, prompt, friendly, patient and caring; and she looks forward to participating in future Senior Center events led by Jodi and Amber. Recommendation: N/A Packet Pg. 101