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HomeMy WebLinkAboutRES 1996-049 RESOLUTION NO. 96-49 ,�, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF ACQUIRING FEE SIMPLE TITLE AND EASEMENTS UNDER, OVER AND ACROSS THE HEREINAFTER DESCRIBED LAND, AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION TO BE USED IN CONNECTION WITH THE RECONSTRUCTION OF POOL ROAD; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That it is hereby determined that public necessity requires the reconstruction of Pool Road from Ira E. Woods Avenue (State Highway 26) to Hall- Johnson Road and that the City of Grapevine should acquire fee simple title and easements under, over and across the land necessary for said project. a��' Section 2. That the property described in the attached Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby determined to be necessary '�' for the above mentioned project. That for the purpose of acquiring fee simple title and easements, under, over and across said property, the Director of Public Works or such employee as he may designate, is hereby authorized and directed to offer the sum of Three Thousand Six Hundred Eighty-Seven Dollars ($3,687.00) for the hereinafter described property as payment for fee simple title and the easements acquired and full damages allowable by law, which amount represents the fair cash market value of said easements and the land to be acquired. Section 3. That the City of Grapevine determines to appropriate fee simple title and easements under, over and across said property for the purpose of reconstructing Pool Road from Ira E. Woods Avenue (State Highway 26) to Hall-Johnson Road, as authorized under the laws of the State of Texas and the provisions of the Charter of the City of Grapevine. Section 4. That the owner or party claiming an interest in said property, and the legal description thereof, are as follows: Owner: Robert and Carol Matthews a� Lienholder(s): Federal Home Loan Mortgage Corporation Gibraltar Savin�s Association w� Internal Revenue Service Section 5. That in the event the property owner accepts the offer made as authorized herein, the Director of Finance is hereby authorized to draw a warrant in favor of the above named, in the amount of Three Thousand Six Hundred Eighty- r,��, Seven Dollars ($3,687.00). This sum represents compensation for the fee title, permanent easements, and the temporary easement on the property. The total offer represents Three Thousand Six Hundred Eighty-Seven Dollars (53,687.00) for the fee title and easements and Zero Dollars for damages to the remaining property. Section 6. That the necessary instruments of conveyance be approved by the City Attorney as to form and subsequently filed with the County Clerk and returned to the City Secretary for permanent record. Section 7. That the City is to have possession of the property on closing. Section 8. Should the employee designated to make the official offer report to the City Attorney that the hereinabove named property owner has refused to accept the sum of money offered by the City of Grapevine as compensation for the taking of the subject land from said owner under the laws of eminent domain, which amount the City Council deems to be fair cash market value and just compensation, in compliance with the laws of the State of Texas, this will be evidence that the City of Grapevine cannot agree with the property owner as to the damages legally allowable by law. In such case, the City Attorney is authorized and requested to file the '"'��� necessary suit(s) and take the necessary action for the prompt acquisition of said property in condemnation or in any manner provided by law. ,� Section 9. That should it be subsequently determined that additional persons other than those named herein have an interest in said property, then and in that event, the City Attorney is authorized and directed to join said parties as Defendants in said condemnation suit(s). Section 10. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of October , 1996. ;�. �� RES. NO. 96-49 2 APPROVED: ��;�� William D. Tate Mayor ATTEST: , Lin a Huff City Secretary "�N� APPROVED AS TO FORM: i�yy�r � � ` John F. Boyle, Jr. City Attorney .�, RES. N0. 96-49 3 Surveyor's Field No#es EXH18lT 'A' EXH181T � ro �-� �`G- "�. ,-+��': _� o` =�-_ � LAND DESCRIPTION PARCEL I�TO. 10 POOL ROAD PAGE 1 � NNE 8, 1992 BEING 0.0492 oE an acrc of land si[uated in the G.B. Knight Survey,Abstraci No. 898,Tarrant County, Texas, and being a pazt of Lo[16, Block 1,Druid Hills,an addition tn the City of Grapevine,Texas, as recorded in Plat Volume 388-8, Page 54, of the Plat Records of Tarrant County, Texas, also being a part of a tract of land conveyed to Robert R.&Carol J.Ma[thews by Warranty Deed recorded in Volume 7471,Page 0448 of the Deed Records of Tarrant County, Texas and being more particulariy desaibed as follows: (1) BEGINMNG at the southwest corner of Lot 16, Btocic 1, said corner bcing at che interscction of the platted north right-of-way line of Blueberry Lane (a 60' width) with the ptatted east right-of-way line of Pool Road (variable width); (2) TF-IENCE North 0°32'24" West along the west line of L,ot 16, Block 1, a distance of 24751 feet to a point for a comer, said point being the northwes[ corner of Lot 16, BIock 1, and aLso being on [he platted east right-of-way line of Pool Road; (3) TF-�NCE North 89°16'36" East along the north line of Lot 16, Block 1, a distance of 12.68 feet to a point for a comer; (4) THENCE South 0°38'46" East a distance of 4.10 feet to a point for a comer, said point being the �+•�� beg�rm.ing of a curve to the right, having a central angle of 5°29'33", a radius of 2040.00 feet, being subtended by a 195.49 foot chord bearing South 2°06'Ol" West; �""' (� THENCE Southerly along said curve to the right an azc distance of 195.56 feet to a point for a comer, said poin[being the beginning of a reverse curve to the left,having a cen[ral angle of 0°59'46', a radius of 1960.00 feet, being subtended by a 34.07 foot chord bearing South 4`20'SS West; (6) 'I�iENCE Southerly along said curve to the ]eft an are distance of 34.07 feei to a point for a comer; ('� 'I'HENCE South 45'39'S4" East a distance of 20.06 feet to a point for a corncr, said point being on the south line of Lot 16, Block 1, and also being on the platted north rig,hc-of-way line of Blucberry Lane; (8) THENCE South 89°12'36"West along the south line of Lot 16, Block 1, and the placted north right-of- way Iine of Blueberry Lane, a distance of L5.00 feet to the POINT OF BEGINNING, CONTAIMNG 0.0492 of an acre of land, more or less. �+ � EVRIU TION �SSOCIATES Acquisition Map � EXH191T � TO �'" � � � � P � af � ��...� � � 0 ROBERT R . & CAROL J . "' " � _._c_ � MATTHEWS ~�:� _ �� . > . ., ,. ,� � � o , , o � ' e ..� � ...�. �.�..� ; � _ �� �,�_.� i + 0 . V M�I J�M��MM � a� �m LOCAT I ON MAP — m o� _ N O Z T g� WIN�MI�L ESTATES � °� �� PLAT VOL.388-167 PG.49 •- � > o N89'I6'38'E 12.68' ' � �r�i LOT I ( LOT 2 I I.OT 3 I a U <«- I � fN I I 1.3' Ui1LITY ESN•7, � o i so•3e�ps•E a_►of.�-_---�-------- A=5•29'33' - - T R=2040.00' I - --_ 159' ---�_ =---I60'- �r � I 60' o '- 1.=195.56' 4Or ` �—�nOro5E0�n,o.v. lir+E � CHD.BRG.= � ! _ � R08ERT R. a S' UTILITY ESH T. �., v S2'O6'01'V�i r> I CAROI J. I t '- 195.49' � MATTHEWS � ORU I D �H I LLS v N1� VO1.7471 � � � I � 1 PG.0448 I PLAT VOL.388-8 PG.54 � I j 3I� I BLOCK I I � ,�* N ROONEY A. WASCHKA I � N � LOT 16 LOT 15 LOT 14 � VOL.7929 P6.1231 � � ivl I i O I � M� I 0 0.q492 AC. � • t o I i O �, A=0'S9'46' � � Z S45'39'S4'E 20.06' ' R=t960.00' F- L=3,.07' + i 160' _1_ 160' i&0' • N CHD.BRG.= � � E- m 34°;0o:55'y � ; � BLUEBERRY LN . Q � W POINT OF BEGINNING � i 150' 150' >-- � � � S89'12'36•X�15.00' � j i �--- --- --- li I I i � � , r� � � Z � � I o l0T 1 I o �OT 2 I o lOT 3 �L � �� I I 3 �N �N I N � p �n- i I I Z � i (� � IDRUID HII.LS x � � I PllyT VO1..388-8 PG.�4 m � LOT I � �� i I BLOCK 2 1 . L�J m I � �-----151��-----�.------__-- i _ L50'_ � BIOCX I � � I Z 128.9�---=�3br---i- -- 1�0 —� CHOWNING ADDITION � � � I .� 10' UTILITY �SM'i. PLAT VOL.388-130 PG.6 I Iw � 1 1 � ( I W ' ( I I � ( W I � � � � O �� �. �� f (K '� 'm I m I m � I I/ �N 1.0T I I I`� l0T 10 IN lOT 9 �`� ' POOL ROAD �.�� "�, °� ���P.���. Pv011a �.,.. }..iut'�—Z!'l�t A f]C P•o. 90■ rz9, orop.vin.. Tx tezsl �J LCIIV RIGNT-OF-YAY FJW18 R EXHIBIT PARCEL NO. � 711�Ktl+f��RMIAuirt w '� — ��, R•����•,����� CITY OF GRaPEv1NE. TExqS �A����Ri. R a cnno�LHnrii�vs utEt�2•4492_AC,_O�;E� JUNE 1992 r=a�-iSn•oa EVRIU�jTION �SSOCIRTES � � . � �XHl9lT �4 � EXHIBIT 'A' L13e : ,, °°°: f ____---- . � 10 ROBERT R . 8� CAROL J . "'°��� tb c MATTHEWS '•��� M� � �� o > e =s � ��, TEMPORARY CONSTRUCTION EASEMEN m ¢ :'� ' ° � = e . � 9001• In Fuf > a ` T �� � ix�� �� � O U I.R.F, • IRON R0p FWND Nall Jel.nten Peod I.R.S. • IRON R� SET VITH •HUITT-ZOLLARS• CAP THIS E%HIBIT VAS PitEPARED VITVIOVT TNE BENEFIT OF A TITLE OPINION AND MAY NOT LOCAT I ON MAP N REFLECT ALL MATTERS OF HECORD OR .Q pp — STANDINC VMICH MAY AFFECT TMI$ PROPERTY. O�O� NO IMPNOVEwENTS VERE LOCATED Ofi SHOV'l. N m " 00 � �r WINDMILL ESTATES c °� m m PLAT VOL.388-167 PG.49 •- — a > o N89°16'36"E 12.68' ' � �M LOT I I LOT 2 I LOT 3 I Q U �M I/2"I.R.F�. � � a N w/H-Z CAP L- 4-' —--- --- 5/8"I.R.F. � - e �� �� � 7.5' UTIII.ITY ESM'T. � o SO 38_�6 E 4_101 L________ _ . , �� � >. R=2040.00' ,� --=159' ----t== ---160' _-�- 160' o *- L=195.56' I I Q�Y PROPOSED�R.O.W. LINE � � CHD.BRG.= � �� ROBERT R. 8 I 5� UTILITY ESM�r. >, U S2°06'01"W �n 1 CAROL J. } 195.49' � ,� MATTHEWS � DRU I D �H I LLS � NI VOL.7471 1 �. U � ii2��i.a.F. I � 3�� PG.0448 � PLAT VOL.3�8-8 PG.54 w/H-Z CAP I - BLOCK I � RODNEY A. WASCHKA I i N � OT I p, C�NSTRU��4N�S�M7. LOT I 4 � � O VOL.7929 PG. 1231 ' ivi � ' � . i Z A=0°59'46" � ' z S4 39'54"E120.06' I O R=1960.00' � �' L=34.07' � _18D�__1_ 160' 160' • � CH0.8RG.= � ~ I/2"I.R.F. . /2"I.R.F. (n m s4•Zo�S���W w/H-Z CAP � ' o /H-Z CAP BLUEBERRY LN . m 34.07' i � Q i _ j POINT OF BEGINNING � i� 150' � 150 � w � I/2"1.R.F.w/H-Z CAP � I S89' I 2'36"W� I 5.00' � � � � i � I I � �--- --- --- i I- I I � � � I . Z � � o LOT I Io �OT 2 �o LOT 3 = z � I i (�p �allo �m C� O LOT i �� I � � Z U BLOCK I I � � IDRU I D H i LLS Y � CHOWN i NG ADD I T I ON I I� PLA�`T vOL.3s8-e PG.I 4 m � PLAT VO . 88-I � I� I I BLOCK 2 � ' w L 3 30 PG.6 4 � I I � m I I ' t-----151_ I-----�-------_-- -�-_=-I_50'_, � i IZ i2s.9�—�=--=73a,-=-��i3o��— . � J � � � 10' UTILITY �SM'T. � � w � 1 I I ( � U I ( /��NC� � o � i I � o (� I- i . I. � � � � I�m �a�o �m �m ��/g - 's I I% �`� LOT I I `� LOT I 0 I`� -LOT 9 I`� / , � �^' ► ep� P 00 L 1 \\J H D For: Clty of Grap�vfne Publfc Yorks HL.IITf�'L�lL.�1.L�1N P.O. Box 729, Grapevin�, TX 76231 TEMPORAFiY CONSTRUCTION EASEMENT EXHIBIT PARCEL N0. 10 317i KKIMET aYElilC/7YITE 600 - o.�. ra�zi.-n�-a��i C I TY OF GRAPEV I NE, TEXAS ��A'R08ERT R,8 CAROI. J.MATTHEWS AREA�4.0492 AC. DATEeaPRIL 1995 --._�_... --- ._ . _.._.. w-i i-i3ra.a� .