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HomeMy WebLinkAboutRES 1986-020 l' " CITY OF GRAPEVINE, TEXAS r RESOLUTIOPJ N0. 86-20 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS FINDING THAT A PUBLIC NEED AND NECESSITY EXISTS FOR THE CITY TO ACQUIRE A TEMPORARY CONSTRUCTION EASEMENT AS HEREINAFTER DESCRIBED; AUTHORIZING AN OFFER TO BE MADE TO PURCHASE THE CONSTRUCTION EASEMENT AND � • FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE CONDEMNATION PROCEEDINGS; PROVIDING AN EFFECTIVE DATE. �""x WHEREAS, the City of Grapevine, Texas (the "City" ), as a Home Rule City, has the power and authority to appropriate private property for public purposes whenever the City Council shall deem it necessary pursuant to laws of the State of Texas. WHEREAS, the City Council has determined and found that a public need and necessity exists for the City to acquire a Temporary Construction Easement as described in Exhibit "A", which Exhibit is attached hereto and incorporated herein for all purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That it is hereby determined that a public need and necessity exists requiring that a public road and highway known as State Highway Spur 103 be constructed, extended and widened, and that the City should acquire certain construction easements of not less than eighteen (18) months in duration on certain land necessary for said project. Section 2. That the hereinafter described property is hereby determined to be necessary for the above-mentioned project. For the purpose of acquiring a construction easement to said property, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the sum of 51 ,185.00 for the hereinafter described �` "' property as payment for the owner's property temporarily appropriated and full damages allowable by law which amount represents the cash fair market value. Section 3. That the City of Grapevine determines to appropriate a Temporary Construction Easement across said property for the purpose for improving, constructing, widening and extending State Highway Spur 103, and that such acquisition is pursuant to the eminent domain laws of the State of Texas. Section 4. That the owner or parties claiming interest in said property is a joint venture known as Tri-State Commercial Association. Section 5. That the property to be acquired is more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 6. That should the owners not accept the City's good faith offer to purchase the easement, the City Attorney is authorized and requested to file the necessary legal action to acquire said easement ��.� under the law of eminent domain. Section 7. That should it be later determined that additional parties other than those named have an interest in said property, the City Attorney is authorized to join said parties in the condemnation suit. . Section 8. That this resolution shall take effect immediately upon passage. PASSED AND APPROVED by the City Council of the City of Grapevine, Texas on this the 5thday of June � �986• Mayor, City o Grapev�ne, exas .� � ATTEST: ity ecretary, i o Grapevine, Texas CSEAL] �--� APPROVED AS TO FORM: � �.z � _ _ ity Attorney City of Grapevine, Texas � �� � ► Q012U - _ EXHIBIT "A" , PAGE 1 TO RESOLUTION NO. 86-20 � . ' � Parcel 1(TE) � *�'� Spur Highway 103 3-28-86 � �� Being 0.014 of an acre of land, more or less, out of Tract A, Block 15 of � the City of Grapevine, Tarrant County, Texas, according to a plat recorded in Volume 309, Page 72 of the Deed Records of Tarrant County, Texas, which Tract A, Block 15 was conveyed to Tri-State Commercial Associates Joint � Venture by deed dated May 30, 1981 and recorded in Volume 7135, Page 921 of the Deed Records of Tarrant County, Texas, which 0.014 of an acre of land, more or less, is more particularly described as follows: -�� BEGINNING at a point in th� existing East right-of-way line of Spur Nighway 103, said point being the most Southerly Southwest corner of Tract A, Block 15 of the City of Grapevine, said point also being 38.67 feet East of and � at right angles to centerline survey station 2+91.87 of Spur Highway 103; (1) THENCE North 00° 11' West with said right-of-way line a distance of 61.87 � feet to a point; , (2) THENCE North 89° 48' East a distance of 10.00 feet to a point; (3) THENCE South 00° 11' East a distance of 61.87 feet to a point in the South �= , line of said Tract A, said point also being South 89° 48' West a distance of 133.0 feet from the most Southerly Southeast corner of said Tract A; � `��� (4) THENCE South 89° 48' West a distance of 10.00 feet to the point of beginning, � � �- , � � � � � � _ � ��, � � _ EXHIBIT "A" , PAGE 2 TO RESOLUTION NO. 86-20 � ` � ` I , TE TRI -STATE COMMERCIAL ASSQC. � �,� JO I NT VENTURE VOL TEMP. 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