HomeMy WebLinkAboutResolution 2016-017RESOLUTION NO. 2016 -17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS APPROVING THE FORT WORTH
TRANSPORTATION AUTHORITY'S ACQUISITION THROUGH
EMINENT DOMAIN, IF NECESSARY, OF APPROXIMATELY 5.831
ACRES OF LAND SITUATED IN THE JOHN H. BARLOUGH SURVEY,
ABSTRACT NUMBER 130, CITY OF NORTH RICHLAND HILLS,
TARRANT COUNTY, TEXAS; SAID TRACT BEING ALL OF LOT 2 -R,
BLOCK H, SMITHFIELD ADDITION, AN ADDITION TO THE CITY OF
NORTH RICHLAND HILLS, ACCORDING TO THE PLAT RECORDED
IN CABINET A, PAGE 2291 OF THE PLAT RECORDS OF TARRANT
COUNTY, TEXAS FOR THE PROPOSED TEX RAIL COMMUTER RAIL
PROJECT.
WHEREAS, the City of North Richland Hills is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, on April 27, 2015, the Board of Directors of the Fort Worth Transportation
Authority ( "FWTA ") adopted the attached Resolution declaring 5.831 acres
of land situated in the John H. Barlough Survey, Abstract Number 130,
City of North Richland Hills, Tarrant County, Texas, said tract being all of
Lot 2 -R, Block H, Smithfield Addition, an addition to the City of North
Richland Hills, according to the plat recorded in Cabinet A, Page 2291 of
the Plat Records of Tarrant County, Texas, which is more particularly
described in Exhibit "A" attached to this resolution and depicted in Exhibit
"B" (the "Parcel "), as necessary for FWTA to acquire, construct, develop,
plan, own, operate, and maintain a public transit system, specifically the
proposed TEX Rail Commuter Rail Project, and authorizing the initiation of
condemnation proceedings in order to acquire the Parcel; and
WHEREAS, FWTA is a regional transportation authority created under Chapter 452 of
the Texas Transportation Code; and
WHEREAS, in order for a regional transportation authority to acquire property within the
corporate limits of a municipality by means of eminent domain, Section
452.058 (c)(1) of the Texas Transportation Code requires the authority to
obtain the approval of the proposed acquisition by the governing body of
the municipality in which the property is located; and
WHEREAS, FWTA has requested that the City Council, as the governing body of the
municipality in which the Parcel is located, approve FWTA's acquisition of
the Parcel through eminent domain, if necessary; and
WHEREAS, the City Council is willing to grant such approval.
Resolution No. 2016 -017
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS (the "Council "):
That the Council approves FWTA's acquisition through eminent domain, if
necessary, of the Parcel for the proposed TEX Rail Commuter Rail Project.
AND IT IS SO RESOLVED.
PASSED AND APPROVED on the 25th day of April, 2016.
ATTEST:
WIL b-1-0
Alicia Richardson, City S
CITY OF
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APPROVED AS TO FORM AND LEGALITY:
Resolution No. 2016 -017
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%ND HILLS
)J-
r Trevino, Mayor
EXHIBIT A
DESCRIPTION, of a 5.831 acre tract of land, situated in the John H. Barlough Survey, Abstract
Number 130, City of North Richland Hills, Tarrant County, Texas; said tract being all of Lot 2-
R, Block H, Smithfield Addition, an addition to the City of North Richland Hills, according to the
plat recorded in Cabinet A, Page 2291 of the Plat Records of Tarrant County, Texas; said tract
also being part of that tract of land described in Warranty Deed to K. W. Martin Lumber
Company recorded in Volume 4485, Page 947 of the Deed Records of Tarrant County, Texas;
said 5.831 acre foot tract being more particularly described as follows:
BEGINNING, at a 1/2 -inch iron rod with "PACHECO KOCH" cap set at the intersection of the
south right -of -way line of the Regional Rail Right of Way Company (Dallas Area Rapid Transit)
(a 100 -foot wide right -of -way) and the east right -of -way line of Smithfield Road (a variable
width right -of -way), from said point 3/4 -inch iron rod found for the northwest corner of a right -
of -way dedication recorded by said plat of Lot 2 -R, Block H, Smithfield Addition bears South 54
degrees, 38 minutes, 52 seconds West, a distance of 9.76 feet;
THENCE, North 54 degrees, 38 minutes, 52 seconds East, along the said south line of the
Regional Rail Right of Way Company and the north line of said Lot 2 -R, a distance of 569.46
feet to a 1/2 -inch iron rod with "PACHECO KOCH" cap set for the northeast corner of said Lot
2 -R and the northwest corner of Lot 1 -R, Block J, Smithfield Addition, an addition to the City of
North Richland Hills, according to the plat recorded in Volume 388 -120, Page 15 of said Plat
Records;
THENCE, South 00 degrees, 21 minutes, 28 seconds East, departing the said south line of the
Regional Rail Right of Way Company and along the east line of said Lot 2 -R and the west line
of said Lot 1 -R, a distance of 707.03 feet to a 1/2 -inch iron rod with yellow "HALFF ASSOC
INC" cap found for the southeast corner of said Lot 2 -R and the northeast corner of Lot 11 R,
Block H, Smithfield Addition, an addition to the City of North Richland Hill, according to the plat
recorded in Cabinet A, Page 10561 of said Plat Records;
THENCE, South 89 degrees, 25 minutes, 53 seconds West, departing the said west line of Lot
1 -R and along the south line of said Lot 2 -R and the north line of said Lot 11R, a distance of
466.10 feet to a point for corner in the said east line of Smithfield Road; said point being the
southwest corner of said Lot 2 -R and the northeast corner of said Lot 11 R; from said point a
5/8 -inch iron rod with red "BMI" cap found for the southwest corner of said right -of -way
dedication bears South 89 degrees, 25 minutes, 53 seconds West, a distance of 8.00 feet;
THENCE, North 00 degrees, 25 minutes, 08 seconds West, along the said east line of
Smithfield Road, a distance of 382.17 feet to the POINT OF BEGINNING;
CONTAINING: 253,981 square feet or 5.831 acres of land, more or less
Resolution No. 2016 -017
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EXHIBIT B
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Resolution No. 2016 -017
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