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Home My WebLink AboutResolution 2016-008 RESOLUTION NO. 2016-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, DECLARING THE NECESSITY TO ACQUIRE TITLE TO LAND DESCRIBED HEREIN, AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS LOCATED IN THE THOMAS PECK SURVEY NECESSARY FOR A DRAINAGE EASEMENT; AND AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL. WHEREAS, the City Council of the City of North Richland Hills, Texas ("City Council"), has determined that the an easement under, on and through the property described in Exhibit A hereto, is appropriate for use by the City of North Richland Hills for a public drainage project (the "Drainage Project") including right of way therefor and associated public uses and that there exists a public necessity to acquire the property herein described, for the Drainage Project; and WHEREAS, the City Council desires to acquire the property described in Exhibits A and B hereto for the aforementioned public uses because such property is necessary for completion of the planned and approved Drainage Project, in the City of North Richland Hills, Texas; and WHEREAS, the City Council desires that the attorneys for the City of North Richland Hills, at the expense of the City of North Richland Hills take all necessary steps to acquire the needed property interests, including but not limited to the retention of appraisers, engineers and other consultants and experts, and that such attorneys, or designee, negotiate the purchase of the property interests and, if unsuccessful in purchasing the needed property interests, to institute condemnation proceedings to acquire the property described in Exhibit A hereto; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: All of the above premises are hereby found to be true and correct legislative and factual findings of the City Council of the City of North Richland Hills, Texas, and they are hereby approved and incorporated into the body of this resolution as if copied in their entirety. Section 2: The City Council hereby finds and determines that a public purpose and necessity exists for the City of North Richland Hills to acquire the property described in Exhibits A and B hereto for a public use, to wit a public drainage improvement project along with necessary construction Resolution No.2016-008 Page 1 of 3 easement, all as part of the Drainage Project, and to acquire the necessary property rights in such described property from the owner of such property, Owner Unknown, and the lienholder(s). Section 3: The North Richland Hills City Attorney, or designee, is authorized and directed to negotiate for and to acquire the required property rights for the City of North Richland Hills, and to acquire said rights in compliance with law. Moreover, the North Richland Hills City Attorney, or designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that deemed necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. Section 4: The North Richland Hills City Attorney is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the City Council for such purpose. Further, the North Richland Hills City Attorney or designee is specifically authorized to establish the just compensation for the acquisition of the described property. Additionally, if the North Richland Hills City Attorney or designee determines that an agreement as to damages or compensation cannot be reached, then the North Richland Hills City Attorney or designee is hereby authorized and directed to file or cause to be filed, against the owner(s) and interested parties of the needed property interests, proceedings in eminent domain to acquire the above-stated interests in the property described in Exhibits A and B hereto. PASSED AND APPROVED this the 22nd day of February 2016. CITY • NO'T -ICHLAND HILLS �By: 'V ►� ,1ppUp/Ub \ `"‘1?- 1:1. 4/ ,,,,,,' Oscar Trevino, Mayor ATTEST: : "... �� =o.' n bJ ( Lh Alicia Richardson, City �o� Resolution No.2016-008 Page 2 of 3 APPROVED AS TO FORM AND LEGALITY: /-` n ` J O J A A 1 A t City Attorney APPROVED AS TO CONTENT: Ike urtis, anaging Director Resolution No.2016-008 Page 3 of 3 DOE#_0000;Parcel# DE-1 SHADY GROVE SHADY GROVE RD. DRAINAGE EASEMENT ACQUISITION NORTH RICHLAND HILLS, TEXAS. DE-1 THOMAS PECK SURVEY, A-1210 EXHIBIT "A" REAL PROPERTY DESCRIPTION OF A 15 FOOT DRAINAGE EASEMENT BEING A PARCEL OF LAND SITUATED IN THOMAS PECK SURVEY, ABSTRACT NUMBER 1210, CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, BEING A PORTION OF THAT RAMAINDER TRACT OF LAND DESCRIBED AS TRACT 1, BY DEED TO C.E. LE MASTER, AS RECORDED IN VOLUME 2399, PAGE 454, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF LOT 49, BLOCK 2, STEEPLE RIDGE, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, AS RECORDED IN CABINET A, SLIDE 1368, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND THE NORTHWEST CORNER OF LOT 18, BLOCK 2, STEEPLE RIDGE ADDITION AS RECORDED IN CABINET A, SLIDE 591, OF SAID PLAT RECORDS, IN THE EAST LINE OF THAT TRACT OF LAND DESCRIBED IN DEED TO SAFEWAY CONSULTING & CONTRACTING LLC, AS RECORDED IN INSTRUMENT NUMBER D215213528, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 00 DEGREES 20 MINUTES 49 SECONDS WEST, 169.74 FEET WITH THE WEST LINE OF SAID BLOCK 2, TO THE NORTHEAST CORNER OF SAID SAFEWAY CONSULTING & CONTRACTING LLC, TRACT AND THE SOUTHEAST CORNER OF SAID REMAINDER TRACT AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 38 MINUTES 52 SECONDS WEST, 15.00 FEET WITH THE NORTH LINE OF SAID SAFEWAY CONSULTING & CONTRACTING TRACT; THENCE NORTH 01 DEGREES 03 MINUTES 08 SECONDS WEST, 52.01 FEET TO THE SOUTH MOST NORTHERLY LINE OF LOT 1, BLOCK 1, BARRETT-ANDREWS ADDITION AS RECORDED IN INSTRUMENT NUMBER D210232526, OF SAID PLAT RECORDS; THENCE SOUTH 89 DEGREES 32 MINUTES 39 SECONDS EAST, 15.01 FEET TO THE WEST LINE OF SAID BLOCK 2; THENCE SOUTH 01 DEGREES 03 MINUTES 08 SECONDS EAST, 51.80 FEET TO THE POINT OF BEGINNING AND CONTAINING 779 SQUARE FEET OR 0.018 OF AN ACRE OF LAND MORE OR LESS. Note: Surveyed on the ground September 2015. Note: Bearings are relative to True North obtained from Global Positioning Satellite System (GPS) Observations, North American Datum 1983 (NAD ' 83) , Texas State Plane Coordinate System, North Central Zone. CE,,...F„ T • F � •�GS I TERe*,• EDWARD K.KHALIL '.A 5951 lq Fe s S,a? oQ �SUR\IY"y /—z — / A.N.A.Consultants, L.L.C. Page 1 of 1 5000 Thompson Terrace Colleyville,TX 76034 REVISION: 10-27-14 51 CAROLINE CT BARRETT-ANDREWS ADDITION 15.01' — D210232526 S89•32'39"EA P.R.T.C.T. • w REMAINDER OF 0 to LOT 1 TRACT 1, 15 FOOT WIDE uN, -r°., VOL.2399,PG.454 D�ACQUISITION ENT �• 0 50 C.E.LE MASTER 779 SQ.FT.+/- o co M P N o o BLOCK 2 z '- 15.00' ' rte �F�OB� S89°38'52"W ' f SAFEWAY CONSULTING& \��0� CONTRACTING LLC ,�*, 00��' INST.NO.0215213528 Get. e<,� D.R.T.C.T. ��O (TRACT TWO) \(5419,O'G G Scale 1" = 50' 49 BLOCK 1 'THOMAS PECK LOT2 SURVEY v A-1210 15 0 EN 0 Z IRF• POC - - - - - ,`P Rio EaFF+ 19 6,,q. * °' J, BLOCK 2 \ °EDWARD K. KHAL I EXHIBIT "B" PO5\O 5951 O 9�°•SUR��yo. 15 FOOT DRAINAGE EASEMENT �q— c,. SITUATED IN THE �Q�.. ,q4-. • THOMAS PECK, SURVEY ,sk, c"' 18 Signed: (/— , ABSTRACT NO.1210 _� CITY OF NORTH RICHLAND HILLS Date: /- 2 G _ / c, TARRANT COUNTY, TEXAS DRAWN BY: A A.N.A. CONSULTANTS, L.L.C. DATE: 01-25-16 AN DGN NO : 150250_0E1 5000 Thompson Terrace CONSULTANTS,L.L.C. Colleyvillc,Texas 76034 APPROVED BY: EK ENGINEERS Office: (817)335-9900 REVISED: SURVEYORS Fax: (817)335-9955 SHT.NO. : 1 OF 1 PLANNERS F.R.NO. 10090800