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HomeMy WebLinkAboutResolution 2017-026RESOLUTION NO. 2017 -026 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 ADJACENT TO THE DAVIS /MID- CITIES BOULEVARD INTERSECTION FOR A PUBLIC ROADWAY USE 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 acquisition of the property described in Exhibit A hereto, is appropriate and necessary for use by the City of North Richland Hills for a public roadway project (the "Davis /Mid - Cities Intersection Improvement 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 Davis /Mid- Cities Intersection Improvement Project; and WHEREAS, the City Council desires to acquire the property described in Exhibit A hereto for the aforementioned public uses because such property is necessary for completion of the planned and approved Davis /Mid - Cities Intersection Improvement Project, in the City of North Richland Hills, Texas; and, WHEREAS, Section 251.001(a) of the Texas Local Government Code provides that a municipality may, when its governing body considers it necessary, 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 any street or other roadway; 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 eminent domain 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 and the body of this resolution as if copied in their entirety. Section 2: The City Council hereby finds and determines that a public purpose and necessity exists for the City of North Richland Hills to acquire the property described in Exhibit A hereto for a public use, to wit, a public roadway improvement project all as part of the Davis /Mid- Cities Boulevard Intersection Improvement Project, and to acquire the necessary property rights in such described property from the owners of such property. Section 3: The North Richland Hills City Attorney, or designee, is authorized and directed to negotiate for and to acquire the required property rights for the City of North Richland Hills, and to acquire said rights in compliance with law. Moreover, the North Richland Hills City Attorney, or designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that deemed necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. Section 4: The North Richland Hills City Attorney is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the City Council for such purpose. Further, the North Richland Hills City Attorney or designee is specifically authorized to establish the just compensation for the acquisition of the described property. Additionally, if the North Richland Hills City Attorney or designee determines that an agreement as to damages or compensation cannot be reached, then the North Richland Hills City Attorney or designee is hereby authorized and directed to file or cause to be filed, against the owner(s) and interested parties of the needed property interests, proceedings in eminent domain to acquire the above - stated interests in the property described in Exhibit A hereto. PASSED AND APPROVED this the 15th day of May 2017. ATTEST: Alicia Richardson, City CITY O NORTH ICHLAND HILLS By: R! � %,,,, Oscar Trevino, Mayor - APPROVED AS TO FORM AND LEGALITY: im, Maleshia armer, City Attorney APPROVED AS TO CONTENT: Mike urtis, Mnaging Director of Development Services Resolution No. 2017 -026 Exhibit A Page 1 of 5 Parcel 3 Mid - Cities Blvd. R.O.W. CSJ: 0902 -90 -013 3-04 -2015 Exhibit A, Page 1 of 5 BEING 0.0435 acre of land located in Lot 1, Block 1, E- SYSTEMS ADDITION, to the City of North Richland Hills, Tarrant County, Texas, according to the Plat recorded in Cabinet A, Slide 3815, of the Plat Records of Tarrant County, Texas, and also being a portion of the tract of land being conveyed to Kelthbev, LLC, by the deed recorded in County Cleric file No. D213253846, of the Deed Records of Tarrant County, Texas. Said 0.0435 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a W iron rod set, in the East boundary line of aforesaid Lot 1, Block 1, lying S 00' 21'47"E 318.82 feet, from the Northeast corner of thereof, and the West boundary line of Lot 1, Block 1, Pavilion Park Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the Plat recorded in County Clerk's file number D206272383, of the Plat Records of Tarrant County, Texas, being located at right angles to and 72.04 feet North of Highway Centerline Station 92 +65.12; ** (1) THENCE S 00° 22' 37" E 12.05 feet, along the East boundary line of said Lot 1, Block 1, E- SYSTEMS ADDITION, and the West boundary line of said Lot 1, Block 1, Pavilion Park, to a PK nail found at the Southeast corner of aforesaid Lot 1, Block 1, E- SYSTEMS ADDITION, lying in the existing North right -of -way line of Mid - Cities Blvd., being located at right angles to and 60.00 feet North of Highway Centerline Station 92 +65.43; (2) THENCE SOUTHWESTERLY 146.60 feet, along the South boundary line of said Lot 1, Block 1, and the existing North right -of -way line of Mid - Cities Blvd. with a curve to the Left having a radius of 2924.78 feet, a central angle of 02' 52' 18 ", and a chord bearing S 890 44' 23" W 146.58 feet, to an "X" cut in concrete found at the most Southerly Southwest corner of aforesaid Lot 1, Block 1, being located at right angles to and 60.00 feet North of Highway Centerline Station 91+21.85; (3) THENCE N 38' 19'43'W 17.11 feet, along the Southwest boundary line of said Lot 1, Block 1, and the North right -of -way line of Mid -Cities Blvd., to a W iron rod marked "Brittain & Crawford" set, in the new North right -of -way line of Mid - Cities Blvd., being located at right angles to and 73.75 feet North of Highway Centerline Station 91 +11.89; ** (4) THENCE SOUTHEASTERLY 14.37 feet,. along the new North right-of-way line of Mid - Cities Blvd. with a curve to the Left having a radius of 85.00 feet, a central angle of 09° 41' 13 ", and a chord bearing S 860 46' 22" E 14.35 feet, to a %" iron rod marked "Brittain & Crawford" set, at the end of said curve and the beginning of another curve to the Right, being located at right angle to and 72.50 feet North of Highway Centerline Station 91 +25.84; ** (5) THENCE NORTHEASTERLY 118.92 feet, along the new North right-of-way line of Mid - Cities Blvd. with said curve to the Right having a radius of 2937.28 feet, a central angle of 02' 19' 11", and a chord bearing N 89' 32' 36" E 118.91 feet, to a '/" iron rod marked "Brittain & Crawford" set, at the end of said curve to the Right and the beginning of another GA2014TASEMENiSWN NRH Mid Ci w\ROW Idoc Resolution No. 2017 -026 Exhibit A Page 2 of 5 curve to the Right, being located at Right angles to and 72.50 feet North of Highway Centerline Station 92 +41.82;"'` Parcel 3 Mid - Cities Blvd. R.O.W. CSJ: 0902 -90 -013 3 -04 -2015 Exhibit A, Page 2 of 5 (6) THENCE SOUTHEASTERLY 23.89 feet, continuing along the new North right -of -way line of Mid - Cities Blvd., with said curve to the Right having a radius of 515.00 feet, a central angle of 02" 39' 28 ", and a chord bearing S 870 58' 04" E 23.89 feet, to the POINT OF BEGINNING containing 0.0435 acre (1,894 square feet) of land. G: NIAEASEMENTSTN NRH Mid Cities\ROW 3.doc Resolution No. 2017 -026 Exhibit A Page 3 of 5 Parcel 3 Mid - Cities Blvd. R.O.W. CSd: 0902 - 90-013 3 -04 -2016 Exhibit A, Page 3 of 5 NOTES: All coordinates and bearings are based on the Texas State Plane Coordinate System, N.A.D. 83 North Central Zone. All distances and coordinates shown are surface values and may be converted to grid by dividing by TxDOT conversion factor for Tarrant County of 1.00012. All stations and offsets shown are calculated relative to the project centerline (Mid- Cities Blvd. Baseline) unless otherwise noted. **This monument may be replaced by TxDOT type II right -of way maker upon the completion of the highway construction project under the supervision of a registered professional land surveyor either employed or retained by TxDOT. A plat of same date accompanies this description. 1, Krystian Golebiewski, a Registered Professional Land Surveyor, do hereby declare that this description and accompanying plat is true and correct to the best of my knowledge and belief and that the property described herein was determined by survey made on the ground under my direction and supervision. Krystian Golebiewski Registered Professional Land Surveyor No. 6400 Brittain & Crawford LLC 3908 South Freeway Fort Worth, Texas 76110 (817) 926 -0211, Fax (817) 926 -9347 GA2014TASEMENTSTN NRH Mid Cities\NOTES ROW Idoe Resolution No. 2017 -026 t;-J. FOUND POINT OF i 21 too 111+50 MID -- CITIES BLVD VARIABLE WIDTH R.O.W. ) 0r l `0"� I iYSTIAN OLEBIEWSIi SURVEYED ON THE GROUND ..................... V.. OC1� 6, 2014 : f s400 r �9....... s .0? =�4 RIGHT -OF -WAY BY SEPARATE DOCUMENT 4.,1r, le 4 ,6 0 00 SUR YST _L_EBIEwSI_a_ _ _ _ _ _ _ -------- - - - - - -- - — fMED PROkESSIONAL ` - -- I-- — LOT 4R BLOCK 1 — LAND SURVEYM I. I SMITHFIELD CORNERS LOT 3R BLOCK 1 STATE OF TEXAS NO. 6400 I I I CAB.A SLIDE 6848 SMITHFIELD CORNERS P.R.T.C.T. CA8.A SLIDE 6848 DRAWING REVISED; I 1 ( SCALE I"=40' P.R.T.C.T. MAY 5, 2015 DAVIS BLVD MID CITIES BLVD INTERSECTION IMPROVEMENTS PERMANENT RIGHT OF PARCEL 3 _y ©2014 WAY PARCEL No.3 NUMBER ACRES ISO. FEET Aw Texas DAVIS BLVD /MID CITIES BLVD} DISTRICT DEED AREA 1.5361 66,911 Department FnRT wnaT�t of Transportation sci (K.G.) DATA \FN \FN_NRH —MID CITIES- I ndq NAINDER AREA11.49261 65,017 _NRH_MID_R0W- 03.dwq EXHIBIT !! A !! oYROffS STEM S NE CRN E—SYSTEMS rp R D TA ,WFO 4 OF 5 LAND SURV N�PAGE POOMPMC WFING IWTEL'('611) CETICASON# 1 P1 1010000 026 -0211 - FAX (817) 826 -930 U1 ! LOT 1, BLOCK 1 P.O. PDX 11276 1 3906 SOUTH FREEWAY FORT WORTH, TEXAS 76110 E :.� �•a,,,,,, �,,,,,,6.�� 1 E- SYSTEMS ADDITION CAB.A SL.3815 BLOCK i 4; A 1 „ „ ( CC# D197197878 P.R.T.C.T. PAVILION PARK ADD. cl CC# D206272383 X F I� KEITHBEV LLC Er'4 P.R.T.C.T. cowl is \ CC# D213253846 g pN� `o Qi \ D.R.T.C.T. m� CC 441' \ S9F l RTCT 96 ?a <<C ( \ 24'X55' MUTUAL PUBLIC ACCESS ESMT s F \ VOL. 12939, PERMANENT RIGHT -OF -WAY PO. 157 - - - - LOT 1 0.0435 ACRE (1,894 SQ.F.) i 24'-' _c1_3.6 C-4.4 IRS** %„ IIRS «* IPL -3.1 C- 3_5- - - - -_� - -- - - — P4 �• P__ t;-J. FOUND POINT OF i 21 too 111+50 MID -- CITIES BLVD VARIABLE WIDTH R.O.W. ) 0r l `0"� I iYSTIAN OLEBIEWSIi SURVEYED ON THE GROUND ..................... V.. OC1� 6, 2014 : f s400 r �9....... s .0? =�4 RIGHT -OF -WAY BY SEPARATE DOCUMENT 4.,1r, le 4 ,6 0 00 SUR YST _L_EBIEwSI_a_ _ _ _ _ _ _ -------- - - - - - -- - — fMED PROkESSIONAL ` - -- I-- — LOT 4R BLOCK 1 — LAND SURVEYM I. I SMITHFIELD CORNERS LOT 3R BLOCK 1 STATE OF TEXAS NO. 6400 I I I CAB.A SLIDE 6848 SMITHFIELD CORNERS P.R.T.C.T. CA8.A SLIDE 6848 DRAWING REVISED; I 1 ( SCALE I"=40' P.R.T.C.T. MAY 5, 2015 DAVIS BLVD MID CITIES BLVD INTERSECTION IMPROVEMENTS PERMANENT RIGHT OF PARCEL 3 _y ©2014 WAY PARCEL No.3 NUMBER ACRES ISO. FEET Aw Texas DAVIS BLVD /MID CITIES BLVD} DISTRICT DEED AREA 1.5361 66,911 Department FnRT wnaT�t of Transportation sci (K.G.) DATA \FN \FN_NRH —MID CITIES- I ndq NAINDER AREA11.49261 65,017 _NRH_MID_R0W- 03.dwq Resolution No. 2017 -026 EXHIBIT "A PAGE 5 OF 5 CALL TABLE Course Bearing Distance L -3.1 S 00022137" E 12.05' C -3.2 Rad: 2924.78' Arc: 146.60' LEFT Tan: 73.31' CA: 2 °52'18" Sta =91 +21.85 Chd: S 89 °44'23' W 146.58' L -3.3 N 38 °19143' W 17.11' C -3.4 Rad: 85,00' Arc: 14.37' LEFT Tan; 7.20' CA: 9041113" .699 81 N9935. Chd: S 86 °46122" E 14.35' C -3.5 Rad: 2937.28' Arc: 118.92' RIGHT Tan: 59.47' CA: 2 019'11" Chd: N 89032'36" E 118.91' C -3.6 Rad: 515.00' Arc: 23.89' RIGHT Tan: 11.95' CA: 2'39128" Chd: S 87 °58104" E 23.89' NOTES: — LEGAL DESCRIPTION TO ACCOMPAN' THIS SURVEY SKETCH. — BEARINGS ARE BASED ON NAD 83 DATUM, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE. WITH ALL DISTANCES AND COORDINATES ADJUSTED TO THE SURFACE BY PROJECT SURFACE SCALE FACTOR OF 1.00012. "THIS MONUMENT MAY BE REPLACED BY TXDOT TYPE Il RIGHT —OF —WAY MARKER UPON THE COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED PROFESSIONAL LAND SURVEYOR EMPLOYED OR RETAINED BY TXDOT. LEGEND: ESMT — EASEMENT O — PROPERTY CORNER FOUND —AS NOTED 9 - 1/2" IRON ROD SET WITH PLASTIC CAP STAMPED "BRITTAIN & CRAWFORD" IRF — IRON ROD FOUND — DIRECTION OF CURVE POC — POINT OF COMMENCING P08 — POINT OF BEGINNING D /P.R.T.C.T. — DEED/PLAT RECORDS OF TARRANT COUNTY, TEXAS C/L — CENTER LINE RRTTTAIN P, CRAWFOF LAND SURVEYING 11 TOPOGRAPHIC MAPPINQ FIRM CERTIFICATION# 1910090 TEL (617) 976 -0211 - FAX (617) 916 -9347 P.O. 60X 11374 . 3906 SW1H FREEWAY FDRT WORM, 7EXAS 76110 EVAU adm"br111*b -cmwf rde brlltaln -m—f -d ­ PARENT TRACT NOT TO SCALE LOT 1, BLOCK 1 E— SYSTEMS ADDITIC CAB.A SL.3815 CC# D197197878 P.R.T.C.T. POINT TABLE POINT SHIN OFFSET NORTHING E STING P1 I =92 +65.12 OS=72.04 LT I N:6999935.91 E:2365487.20 Sta= 92+65.3 OS =60.00 LT N:6999923.86 E:2365487.28 P 3 Sta =91 +21.85 OS =60.00 LT N:6999923.20 E:2365340,70 P4 =+11.89 OS =73.75 LT N:6999936.62 E:2365330.09 P5 Sta =91 F25.84 =250 LT .699 81 N9935. E:2365344,42 Sta =92 +41.82 .50 LT 9996P6 376 E:2365463.33 j 1 * RF6 k 6400 % q�• °. �0 SURD SURVEYED ON THE GROUND OCI'OHER 6, 2014 YSTIAN IEGdSKI ISTERED PROFESSICNAL LAND SURVEYOR STATE OF TEXAS NO. 6400 P/L — PROPERTY LINE DRAWING REVISED: S/L — SURVEY LINE MAY 5, 2015 DAVIS BLVD MID CITIES BLVD INTERSECTION IMPROVEMENTS PERMANENT RIGHT OF PARCEL 3 r� c@2014 WAY PARCEL No-3 NUMBER ACRES ISO. FEET Texas ISTRICT DEED AREA 1.5361 66,911 Department DAVIS AVIS BLVD MID CITIES BLVD FORT WORTH AcrnllsmON 0,0435 1,894 of Transportation t" _ FEDERAL AID PRO ffT N0. R.O.W. CSJ No.: COUNTY 40' CM 2007 (227} 0902 -90 -013 -TARRANT EMAINOER AREA 1.4926 55,017 (K.G.) DATA \FN \FN_NRH_MID CITIES- DAVIS \FN_NRH_MID_ROW- 03.dwg