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HomeMy WebLinkAboutRES 1988-041 CITY OF GRAPEVINE RESOLUTION NO. 88-41 A RESOLUTION DETERMINING THE NECESSITY OF ACQUIRING FEE SIMPLE TITLE AND EASEMENTS UNDER, OVER AND ACROSS THE HEAREINAFTER DESCRIBED LAND, AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION TO BE USED IN CONNECTION WITH DALLAS ROAD PROJECT FROM - �* STATE HIGHWAY 114 TO LOOP 382 AND PROVIDING AN EFFECTIVE DATE �.,, ,, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE: Section 1 . That it is hereby determined that public necessity requires widening and improvement of Dallas Road from State Highway 114 to Loop 382 and the City of Grapevine should acquire fee simple title and an easement under, over and across the land necessary for said project . Section 2 . That the property described in the attached Exhibit "A" 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, 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 Two Hundred Sixty-Six Thousand, Two Hundred Dollars ($266,200) 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 �'`�� Dallas Road from State Highway 114 to Loop 382, as authorized under the laws of the State of Texas and the provisions of the Charter of the City of Grapevine. Section 4 . The Owner or party claiming an interest in said property, and the legal description thereof, are as follows : Owners : Robert L. Taylor, Individually Robert L. Taylor, Trustee Tenant: None Lienholder(s) : First National Bank of Grapevine 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 Two Hundred Sixty-Six a� � Thousand, Two Hundred Dollars ($266,200 . 00) . This sum represents compensation in the amount of One Hundred Forty One Thousand, Five Hundred Dollars ($141,500 . 00) for the fee title, Ten Thousand, Three Hundred Dollars ($10 ,300 . 00) for the permanent easements and Three Thousand, Two Hundred Dollars ($3 ,200 . 00) for the temporary easement to the property less oil, gas and sulphur . The total offer of Two Hundred Sixty-Six Thousand, Two Hundred Dollars ($266,200 . 00) represents One Hundred Fifty-Five Thousand ($155, 000 . 00) as value for the fee title and easements to be purchased and One Hundred Eleven Thousand, Two Hundred Doll�rs ($111,200 . 00) as payment 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 �a�, of f ical of fer 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 complaince 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) . . Passed and approved this 4th day of October • 1988 • �: _ �...:,, ������� Mayor, City of Grapevine, Texas ATTEST: it Secretary City of Grapevine, Texas APPROVED AS TO FORM: < , _ , ��' � _ t_. � City Attorney % . City of Grapevine, Texas �� 0 2 3 4 c -2- EXHIBIT "A" , PAGE 1 OF 3 TO RESOLUTION NO. 88-41 �...� �,,.� �IELD IiOTLS tOR O.S907 ACRES Ol I.�D EEINC 0.5907 aeres of laad �ituated in th� �. Po�ter Surve7i Ab�tract 518� Tarrant County, ?ezas� and bein� part of that certain e�lled 0.454 ura tract �a de�criDed in a deed fro� ?lamie Lee Cook Diek et vir to itobert L. Saylor. dated May 24� 19B4� and recorded in Volume 7868� paye 1507 of t6e Deed Yscords of T�rrant County� ?e:a�� and al�o bein� a part of tL�[ certain ltobert L. ?arlor traet a� described in Voluoe 7853. Pa;e 160 of th� Deed Iteeord• of Tarraat � Councy� Texas, said 0.5907 acr�a of land to b� �or� partieularl� dsacribsd br �ete� �ad bounds aa follov�: . BEGINNING at a 1/2" iron rod found for the llorthve�t eorner of •aid Tarlor tract and beia; in the e:i�tiaa East rigdt-ofwq line of Dall Street and the South ri�ht-of-vay line of the St. Louis Southve�tern Yailva�; THENCE North 80• 32' S8" Ea�t� a di�tanes of 34.24 fe�t vith th� North boundary line of �aid Taylor ?ract and tbe South boundary line of •aid railroad to a 1/2" iron rod �et in the psopoied East ri�ht-of-va� liae of �aid Dall Street� said point for eosner DeinY in � curve to ths riYht vho�e functioas art a• follovs; an �ngle of 03' 16' 29"� � radiva of 605.25 feet, a tan;ent of 17.30 feet� a le�gth of 34.59 feec and vho�e ehord bear� South O1' SO' 42" Eaat� a diatanee of 34.59 feet; THENCE in a Southeaaterly diree[ion vith �aid eurve to t2�e right and •aid proposed Ea�t right-of-vay line a diatance of 34.59 feet to a 1/2" iron rod •et ' at the end of �aid eurve� said poiat al�o being at the be;innin� of a eurve to the lefc vhose funetions are ai follov�: aa anYla of 96' OS' 20"� a radius of '�`"""� 63.00 fcet, a taagent of 70.08 feet� a length of 105.66 feet and rho�e ehord bear� South 48• 15' 08" East� a di�taaee of 93.70 fett; �,�; ?liENCB in a Southea�terly direetion rith �aid curve to the left tad �aid propo�ed right-of-vay line a-distanee of 105.66 feet to a 1/2" iron sod �et at the end of aaid eurve and beia� in t6e propo�ed North ri�ht-of-vay line of Ira E. Woodi Aveaue (State 8ighvay 26); THENCE North 83' 42' 12" Ea�t. a di�[ance of 322.32 feet vi[h said propo�ed North right-of-vay line to a 1/2" iron rod �et for coraer ia the South boundary line of �aid ?aylor tract at the intez�ection of �aid propos�d North riYbt-of- vay line and the ezi�tin; Norchwe�t ri�ht-of-vay line of Ira E. Wood� Avenus (State Highvay 26). said point for corner al�o being ta a curve to th� ri�ht who�e function• are a� follows: an aaQla of 30• 37' 33". � radiu� of 716.80 feet, a tangent of 196.27 feet� a lenath of 383.14 feet and vho�e eAord bear• South 74' 27' 39" Ye�t� a di�taace of 378.60 feet; THENCE in a Southveicerly direction vith �aid curve to the ri�ht and th� South boundary line of said Taylor trect and the e:istinQ Northveat right-of-vay liae of said Ira E. Woods Avenue (State Hi�hvay 26)� a di�tancs of 383.16 faat to a 1/2" iron rod aec at the end of •aid curv� ; THENCE North 88' 22' 24" We�t� a distaace of 60.14 feet vith said South boundary line and the ezisting tiorth riQh[-of-ray line of •aid Ira E. Woods Avenue (State Highvay 26) to a 1/2" iroo rod �et for the Southve�t eorcer of • taid 6obert L. ?aylor ?ract and bein� in the ezi�tin� East ri;ht-of-vay line of ��id IIall Street; THENCE North 00' 06' 32" Weit� '� diatance of 155.71 feet rith the We�t boundazy line of said Taylos tract and the ezittinQ East riQht-of-ray line of •aid Ball Street bacic to the plaee of be�innio eontaiaini 0.5907 �cre• of lacd or 25,729.73 �quare feet. _�.. ��� . ' De ii H. Malker � Ye�iitersd Publie•Surveyor State� of.iezi� Np. 2117 _ CEG/�v . ..� ' • 60/0.5907 "-" � QEVISED: 11-25-87 � EXHIBIT "A" , PAGE 2 OF 3 TO RESOLUTION NO. 88-41 � ,�,.,:.�, FIELD NOTES FOR 0.0659 ACYE 6LOPH EASP.?Q:DT! BEING 0.0659 aere slop• ea�ement over and aero�• that eertain ealled 0.454 aere traet as deacribed in a deed fro� Kmie Lee Cook Diek st vir to Yobert L. Taylor, dated May 24, 1984, and recordad in Volum� 7868, PaQa 1507 of the Deed Becords of Tarrant County, 2e:a�. aad al�o Deins a part of that c�rtain Aobest L. Taylor tract a• deicribed in Voluse 7853� PaBe 160 ot tbe Deed &ecord• of � ?arranc County� Tezaa� said 0.0659 aere •lopc ea�enent to Ds wre partieularl� de�eribed by aetea and bouods a• follow�: BECINNING at a point for the Northeaat eorner of taid �lope ea�eaeni in the Sou[h boundary line of iaid ?�ylor traet and also bein; in the Northvest riYh[- I of-vay line of 2ra E. Woods Avenue (State Sighvay 26)� fron iaid point for ' corner � 5/8" iron rod fouad for the Northea�t corner of •aid Saylor tract be�r• � North 48' 29' 49" East� � diitanee of 218.87 feet� �aid point for ea�e�ent � corner al�o being in a eurve to the ri�ht vho�e function� are as follow: an an�le of O1' S2' 08"� a radius of 716.80 feet� a tan�ent of 11.69 feet, a length of 23.38 feet aad vhose chord bear� South S8' 12" 49" He�t� a distance of 23.38 feet; THENCE ia a Southvesterly direction vith �aid curve to the ri�ht and the South boundary line of •aid Taylor tract and the Iiorthvest ri;ht-of-vay line of said Ira E. Rood• Avenue (Scate eighva� 26) a diataaca of 23.38 feet to a 1/2" iron rod �ct for the Southeait corner of said ea�eaent aod being at the inter- aeetion of the existin� Northvest riYht-of-vay line of said Ira E. Wood� Aveaue � (S[ste Sighvay 26) and the propo�ed North r3Yht-of-�a� liae of �aid Ira E. Wood� Avenue (State Highvay 24); ?HENCE South 83' 42' 12" Heit, a di�tance of 322.32 feet vith the South � boundary line of raid esaemen[ and the propoied liorth riYht-of-vay line of said Ira E. Wooda Avenue (State Highvsy 26) to a 1/2" iron rod •et at the beginning of a curve to the right vhooe function• are as follov�: an aagle of 73' 28' S6". w�+-� a radius of 63.00 feet� a tangent of 47.03, a length of 80.60 and vho�e ehord beara North 59' 33' 2u" Weat, a di�tance of 75.37 feet; THENCE in a Northveeterly directioa vith �aid curve to the right �nd •aid propooed North righc-of-vay line a distance of 80.80 feet to a poin[ in �aid eurve for the Northveat corner of •aid ea�eaent; 2HEHCE South 61' 25' 37" Eaet, a distanee of 73.62 feet vith the Northeast boundary line of said easesent to a poiat for aa anYle coraer; THEHCE North 82' 31' 31" Ea�t, a di�tance of 343.50 feet vith the North boundary line of said eaaement baek to the place of beYinnia; aad containing 0.0659 aere� of land or 2.871.40 •quare feet. Denai� H. Walker _ itegi�tered Public Surveyor State of ia:u No. 2117; ' _ CEC/w . � . - 60/0.0659 �EVISED: 11-25-87 � ' . � , EXHIBIT "A" , PAGE 3 OF 3 TO RESOLUTION N0. 88-41 � � FIELD NOTES FOB 0.0329 ACIIE iEMPOAAYY CONSTYIICIION EASE�SL'Di? BEINC a 0.0329 acre temporary eon�tructioa ea�e�ent over and across that certain called 0.454 aere tract aa de�cribed in a deed fros l�wia Lee Cook Dick ec vir to 8cbert L. Teylor, daced Nay 24� 1984� and reoorded ia nol�e T868� Page 1507 of the Deed Hecords of Tarrant County, Tezas, aad that certain �obert L. Taylor tract aa deacriDed in Voluae �853, Pa�e 160 of the Deed Yeeord� of . ?arraat County� Texas� said 0.0329 acre teaporary eonatruetioa easement to be 'ore par[icularly de�criDed by aete� and Dounds �s follwi: HEGINNING at a point for the Southea�t corner of said te�orary eonatruc— tion ea�ement fro0 vhich the Northeait eozner of �aid Taylor Cract bears North 59' 00' 18" Eaot, a di�tance of 309.91 feet� �aid point al�o beiaY ia the Ilorth boundary line of a permanent •lope sa�e�eat; THENCE South 82' 31' 31" Weit� a diitanee of 90.02 feet vith the North boundary line of •aid •lope eaieoent to a poiat for tLs Southve�t eorner of said . temporary con�tzuctioo ea�ement; . TfiENCE North 06' 17' 48" Weit, a diataace of 16.84 faet to a point for the Northveit corner of �aid temporary eona[ruction ea�eunt; THEHCE North 83' 42' 12" East� a distance of 90.00 fset to � point for th� Hor[heaa[ corner of •aid temporary conitruetioa es�ement; THENCE South 06' 17' 48" Ee�t, a di�tance of 14.99 feet back co the place "" � of begianing and con[ainin� 0.0329 acres of land or 1�432.76 •q w re feet. • �,�:� � Dennii H. Wa er ' _ � � Aegiatered public Sunreyor St�te of Teua No. 211T - � �' . CEC/�v �' 61/0.0329 itEVISED: 11-25-87 ' !' ��.,.� . ��