HomeMy WebLinkAboutRES 1992-030 �<-�,
RESOLUTION NO. g2-30
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 MUSTANG DRIVE PROJECT FROM
STATE HIGHWAY 26 TO WILLIAM D. TATE AVENUE;
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 widening and improvement of Mustang Drive from State
Highway 26 to William D. Tate Avenue, and the City of Grapevine
should acquire fee simple title and easements under, over and
across the land necessary for said project.
Section 2 . That the project 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 Eleven Thousand, Eight Hundred
Eighty-Six Dollars ($11, 886. 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 widening and improving Mustang
Drive from State Highway 26 to William D. Tate Avenue, 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:
Owners: Bruce W. Schollmeyer and wife
Shirley L. 5chollmeyer
� Tenant: No mobile homes located on subject
tract.
Lienholder(s) : Wade C. Cummings & wife, Norma W.
� Cummings
Legal Description: See Attached Exhibit "A"
Section 5. That in the event the property owner accepts the
offer made as authorized herein, the Director of Finance be and is
hereby authorized to draw a warrant in favor of the above named in
the amount of Eleven Thousand, Eight Hundred Eighty-Six
($11, 886. 00) . This sum represents compensation for the fee title,
permanent easements, sidewalk easements and the temporary easement
to the property less oil, gas and sulphur. The total offer of
Eleven Thousand, Eight Hundred Eighty-Six Dollars represents Eleven
Thousand, Eight Hundred Eighty-Six Dollars 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 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. That this resolution shall take effective from
and after the date of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of September , 1992 .
APPROVED:
William D. Tate
��: .. Mayor
2
ATTEST:
Linda uff
City Secretary
APPROVED AS TO FORM:
�'` � _
John F. Boyle, Jr.
City Attorney
�,._.,
3
� Lega 1 Descript ion
,�. ,
EXHIBIT= TO /��• �� 3-D "
Pa9e —�L of
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IAND DESCRIPTION PARCEL 6
HUSTANG DRIVE
PAGE 1 OF
APRIL 25, 1991
BEING 0.029 of an acre of land situated in the Harrison Decker Survey Abstract
No. 438, and the Payton E. Splane Survey, Abstract No. 1453, Tarrant County,
Texas, and being part of a tract of land conveyed to Bruce L1. Schollmeyez 6
Wife, Shizley L. Schollmeyer, as recorded in Volume 6364, Page 987 of the Dead
Records of Tarrant County, Texas and being more particularly described by
metes and bounds as follows:
COMMENCING at the northwest corner of said Schollmeyer tract, said corner also
! being the northeast corner of the Timberline Condominiums, an addition to the
� City of Grapevine, Texas, as recorded in Volume 21, Page 42 of the condominium
Records of Tarrant County, Texas, said corner also being on the south
right-of-way line of Mustang Drive (a variable R.O.W.);
THENCE North 89°37'28" East along the north line of said Schollmeyer tract and
:,� the said south right-of-way line of Hustang Drive a distance of 12.25 feet to
-- the POINT OF BEGINNING;
i (1) THENCE continuing North 89°37'28" East along the said north line of the
� Schollmeyer tract and the said south right-of-way line of Mustang Drive
�,, a distance of 107.35 feet to an angle point;
' (2) THENCE North 78°17'S3" East continuing along the said north line of the
� Schollmeyer tract and the said south right-of-way line of Mustang Drive
a distance of 100.89 feet to the most northerly corner of said
�y,,,:,..:, Schollmeyer tract, said corner also being on the west line of a tract of
land conveyed to James G. I.ogan as recorded in Volume 8064, Page 1779 of
� the Deed Records of Tarrant County, Texas;
(3) THENCE South 00°05'43" East along the east line of said Schollmeyez
tract and the said West line of the Logan tract a distance of 14.41 faet
to the beginning of a non-tangent curve to the right, said curve having
� a central angle of 14°48'30", a radius of 615.00 feet, being subtended
by a 158.51 feet chord bearing South 86°57'18" West;
(4) THENCE westerly departing the said east line of the Schollmeyer tract
-� and the said west line of the Logan tract along said curve to the right
an arc distance of 158.95 feet to the point of reverse curvature of a
curve to the left, said curve having a central angle of 04°44'03", a
�� radius of 580.00 feet, being subtended by a 47.91 foot chord bearing
� North 88°00'30" West;
(S) THENCE westerly along said curve to the left an arc distance of 47.92
feet to the POZNT OF BEGINNING, CONTAINING 0.029 of an acre of land,
_� more or less.
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RIGHT�-OF-WAY EXHIBIT
GRfWEVINE. TEXAS
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' LAND DESCRIPTION PARCEL 6E.1
� y SIDEWAIK EASEMENT MUSTANG DRIVE
- PAGE 1 OF 1
DECEMBER 12, 1991
BEING 0.009 of an acre of land situated in the Harrison Decker Survey Abstract
No. 438, and the Payton E. Splane Survey, Abstract No. 1453, Tarrant County,
Texas, and being part of a tract of land conveyed to Bruce W. Schollmeyer &
Wife, Shirley L. Schollmeyer, as recorded in Volume 6364, Page 987 of the Deed
Records of Tarrant County, Texas and being more particularly described by
metes and bounds as follows:
(1) COMMENCING at the northwest corner of said Schollmeyer tract, said
corner also being the northeast corner of the Timberline Condominiums,
an addition to the City of Grapevine, Texas� as recorded in Volume 21,
Page 42 of the condominium Records of Tarrant County, Texas, said corner
also being on the south line of Mustang Drive (a variable R.O.W.) ;
(2) THENCE North 89°37'28" East along the north line of said Schollmeyer
tract and the south line of Mustang Drive a distance of 12.25 feet to a
point at the beginning of a curve to the right having a central angle of
`_ 04°44'03", a radius of 580.00 feet, and being subtended by a 47.91 foot
chord bearing South 88°00'30" East;
(3) THENCE along said curve to the right and departing the said north line
�-� of the Schollmeyer tract an arc distance of 47,92 feet to the POINT OF
� BEGINNING, said point also being a point of reverse curvature at the
beginning of a curve to the left having a central angle of 04°39'29", a
�' radius of 615.00 feet and being subtended by a 49.98 foot chord bearing
South 87°58'12" East;
(4) THENCE along said curve to the left an arc distance of 50.00 feet to a
point for a corner;
(5) THENCE South 00°17'S6" East a distance of 7.50 feet to a point for the
be�inning of a non-tangent curve to the right having a central angle of
04 39'29"� a radius of 622.50 feet, and being subtended by a 50.59 foot
chord bearing North 87°58'12" West;
(6) THENCE along said curve to the right an arc distance of 50.61 feet to a
point for a corner and end of said curve;
(7) THENCE North 04°21'33" East a distance of 7.50 feet to the POINT OF
BEGINNING, CONTAINING 0.009 of an acre of land, more or less.
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t�:,:,,: DRAINq�E�RIPTION ��1�y�81}�
LiNEs � , �SEMENT �'Q ,
C �` ��� SOUTN P�ge � �'�-
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BEIN� 8 �S�EL 6g,2
�oStra�r No 20 gcre tra� pAGE�c �RiVE
t OF
innVoYed to Bruc53, Tarrant �f land Situa DECF�gER 12
( bein8 mo e 6364. P ge S�h011meY rY. TeXasteandn the payto , 1991
Parti�ulgrl 9g� °f the � Wife, Shir being partn E' SPlane
Lo�ENCZNC at y des�ribed bDeed Records e'Y L' Scholl f 8 tra�t S��'QY�
8an the Y metes °f Tar °1eYer °f land
Count $S re�Orded nOrrheast gnd bOunds rant ��unC as re�Orded
Re y' TeXas in pol ��rner of as follows. Y. TeXas 8
Regordal Pla�e As at the no 8064� Pag�$ traQr �f land nd
right'°f-w y l�ne ofe CountyS Te�Orded ineVo �f a ttra�tedoRe�oras r�° James G
THEN� Mustan Xas, said l�une �417 °f land f Tarrant
distan�esof li 961 f,I3�� EagtDaiVe Cvariabje R ��,also Pbeing8onof nLheeDe d
;� iiENCE Souch 8 o eet rO 8 po�nr8rting th� $out the So�th
BE�I�ING�een helsaid W�hoa distan�e o h line of Mustang Drive
523 N93 f outh o0012' „ 1lmeyer tract zgnd 7Logant t° a point on a
THE E ee� tO g Point fOrestco epartin8 the ract f�r thetP�IN OF
rNENC South 15°51,20,� EaSt a rner� Said c��On line a
on the SOurh 15°56� M distance of dlstan�e of
THENCE So uth Iine ot'3the s id Sistan�e of 256 79 feet t� a P�int for
$ distance of 41�� �e Wes hollmeyer trac�� feet to a ��rner;
THEN� et to $1ong the Sout a Poln� f�r a ��rner
feet oN$Poin�for2a" �ast depa lnt for $ COT e�' of the said S�hollm
THENCE North 15°5I,20'� We nerr r�ing the Said S�uth line a eyer trac�
TH the N�rth � °12 n a d�Stan�e distance of 218,
st
°n co � �22 t �f �11•41 fee 12
rHEN�g No�h n lone be�een �he dScholl � of 46�•09 t t� a point for a �o
feet to the POIpT30F BEG NNIN 81ong theeyer and Logan tra°ts'Point for a co ner:
�, Cp Sa1d rner
NTAZNIN� 1.620 �resjop ia dlStan�e of
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( . , L�� CAAPEVINE. TEXAS
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