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Home My WebLink AboutRES 2005-001 RESOLUTION NO. 2005-01 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 BUSINESS 114 L; 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 Business 114 L from State Highway 114 to Northwest Highway 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 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, 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 Thirty-three Thousand, Three Hundred Thirty-five Dollars ($33,335.00) for the hereinafter described property as payment for fee simple title and full damages allowable by law, which amount represents the fair cash market value of 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 Business 114 L from State Highway 114 to Northwest Highway, 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: Exhibit "A" Owner: Tass Corporation Ali R. Khan, Registered Agent Lienholder(s): None Section 5. That in the event the property owners accept 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 Thirty-three Thousand, Three Hundred Thirty-five Dollars ($33,335.00) for the property described in Exhibit "A". This sum represents compensation for the fee title property. The total offer represents full compensation for the fee title 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(s) 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 owners 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 owners 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(s), 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 resolution shall become 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 18th day of January, 2005. APPROVED: William D. Tate Mayor RES. NO. 2005-01 2 ATTEST: F . AIM A — - ffLomor; Linda Huff Or City Secretary APPROVED AS TO FORM: - ) John F. Boyle, Jr. City Attorney RES. NO. 2005-01 3 Parcel 2 EXHIBIT. . As.TO 0200S-o( BS 114 L Page . I Of ...3■ CSJ:0353-07-014 April 15, 2004 Exhibit A,Page 1 of 3 Legal Land Description BEING 0.0550 acres of land, more or less, situated in the City of Grapevine, County of Tarrant, State of Texas, being out of the Esther Moore Survey, Abstract No. 1029, and being a portion of that certain tract of land conveyed to Taas Corporation according to the instrument recorded in Volume 15876, Page 272 of the Deed Records of Tarrant County, Texas, said Taas Corporation tract being all of Lot 1, Block 1 of Lot 1, Block 1 — Mac's Corner Addition, an addition to the City of Grapevine, Texas, according to the plat thereof recorded in Cabinet A, Slide 1582 of the Plat Records of Tarrant County, Texas, which 0.0550 acres (2,395 square feet) of land, more or less, are more particularly described as follows: BEGINNING at a 3-1/4 inch Texas Department of Transportation aluminum disk set for corner in the existing northerly right-of-way line of Dallas Road (variable width right-of- way), from whence a 1/2 inch iron rod found at the southwest corner of the aforementioned Lot 1, Block 1 — Mac's Corner Addition bears South 89°47'12"West 178.93 feet, said aluminum disk being 97.35 feet left of station 32+74.89 of the proposed centerline of BS 114L and being in the proposed westerly right-of-way line of BS 114L (variable width right-of-way); (1) THENCE North 30°18'47" East, departing said existing northerly right- of-way line of Dallas Road and with said proposed westerly right-of-way line of BS 114L (variable width right-of-way), 49.68 feet to a 3-1/4 inch Texas Department of Transportation aluminum disk set corner; (2). THENCE North 17°29'45" West, continuing with said proposed westerly right-of-way line of BS 114L (variable width right-of-way), 136.12 feet to a 3-1/4 inch Texas Department of Transportation aluminum disk set for corner in the_northerly line of the aforementioned Lot 1, Block land the southerly line of those certain tracts of land conveyed to Sue Robbins and Joe Robbins according to the instrument recorded in Volume 9630, Page 845 of the Deed Records of Tarrant County, Texas, said aluminum disk being 60.54 feet left of station 34+44. 7 of the proposed centerline of BS 114L; (3) THENCE South 89°49'58" Fast, departing said proposed westerly right- of-way line of BS 114L and with said northerly line of Lot 1,Block 1 and the southerly line of said Sue Robbins and Joe Robbins tracts, 10.49 feet to a 1/2 inch iron rod with plastic cap stamped "NDM" set for the northeast corner of said Lot 1, Block 1 and the southeast corner of said Sue Robbins and Joe Robbins tracts, said iron rod being in the existing . westerly right-of-way line of BS 11 4L(variable width right-of-way); r • Parcel 2 EXHIBIT TO ecs•oloos-a l BS 114 L Page , e of , 3 CSJ: 0353-07-014 April 15, 2004 Exhibit A, Page 2 of 3 Legal Land Description • (4) THENCE South 17°29'45" East, with the existing westerly right-of-way line of said BS 114L, 160.86 feet to a 1/2 inch iron rod with plastic cap stamped "NDM" set for corner, at the most easterly southeast corner of said Lot 1, Block 1 and the north corner of that certain 20'x25' right-of- way dedication per the aforementioned plat of Lot 1, Block 1 — Mac's Corner Addition, from whence a 1/2 inch iron rod found at the southeast corner of said Lot 1, Block 1 — Mac's Corner Addition and said 20'x25' right-of-way dedication bears South 17°29'45" East—20.00 feet; (5) THENCE South 44°43'43" West, with the northwesterly line of said 20'x25' right-of-way dedication, 26.98 feet a 1/2 inch iron rod with plastic cap stamped "NDM" set for corner, in the aforementioned existing northerly right-of-way line of Dallas Road, at the most southerly southeast corner of said Lot 1, Block 1 and the southwest corner of said 20'x25' right-of-way dedication; (6) THENCE South 89°47'12" West, with said existing northerly right-of- way line of Dallas Road, 24.02 feet to the POINT OF BEGINNING and containing 0.0550 acres or 2,395 square feet of land,more or less. NOTES: A Plat of Survey of even date accompanies this Legal Description. Bearings for this survey are based on the NAD 83 Datum, Texas State Plane Coordinate System,North Central Zone and referenced to control monuments 2, 3, 4 and 5 provided by TxDOT for this project. Prepared By: Nathan D. Maier Consulting Engineers, Inc. Two Northpark 8080 Park Lane, Suite 600 Dallas,Texas 75231 "Preliminary, this document shall not be recorded for any purpose." Release date: 04/15/04 John L. Melton,Texas R.P.L.S.No. 4268 Registered Professional Land Surveyor •• PLAT OF SURVEY Parcel 2 SHOWING A BS 114L CSJ 0353-07-014 0.0550 ACRE TRACT OF LAND April 15, 2004 / ) THE Exhibit A, Page 3 of \\\ ESTHER MOORE SURVEY ABSTRACT NO. 1029 TARRANT COUNTY, TEXAS NORTH ExHiBir.IL_ s. s-o SCALE: 1"-60' Page r of `_ SET 3-1/4'TioOT Or IRF(BENT) 5' UTLI TY EASEMENT 60'x. S 89'49;58" E VOL. 388-166, PG. 58 PRTCT STATION 44 T7 1/I'RS 10.49' _1_ r 1.1 WAtekli CAP 5' UTILITY EASEMENT Z ':' \1> CABINET A, SLIDE 1582 PRTCT v ::,; p uJ N 7C'KEI (As U' i *. : s w_.. PROPOSED in 7.. 41- R'CNT-CF-WAY 4 10' U77UTY EASEMENT , ss 11C CABINET A, SLIDE 1582 W •.::::, i PRTCT CO pT 1 t.P > .• :•: 0 V+ SET,-1/r r,OOr.)::..C7 'G 10' UTILITY EASEMENT ALLANNt,Y DISK CABINET A, SLIDE 1582 ..A:::.:.: 1/z"RS PRTCT N .3078'47* E w/uav cAs 1rz�'-�5, E 49.68' 20.00' S 89 47'12- W 178.93 ; 1/1'nr ' s�ET s-r/4•roor ::::;� VA'OF r ALASIONLIN O "ID ii CAP $ 44'43'43' W PROPOSED r� 26.98'DALLAS ROAD STATION 2 \ 26. 374.69 1 • — . _ . . (VARIABLE WIDTH RIGHT--OF-WAY) POINT OF S 89'47'12" W •-145 BEGINNING 24.02\ ' c • 0 I \ *NA-64. • OW/RPLS 1855 CAP . ` 1 w LEGEND 1-# \s, 0 = Corner monument found/set as noted \IRF = Iron Rod Found IRS = Iron Rod Set — • — - • — = Existing Roadway Right-of-way NOTES: Boundary Line A = Right—of—way Line A Legal Description of even dote accompanie = Property Line this plat. — — = Survey Line = Proposed Centerline Bearings for this survey ore based on NAD I — = Existing Easement Line Datum, Texas State Plane Coordinate System DRTCT = Deed Records of Tarrant County, Texas North Central Zone and are referenced to cc • PRTCT= Plat Records of Tarrant County, Texas monuments 2, 3, 4 and 5 provided by TxDO VOL., PG. = Volume. Page for this project. NATHAN D. MAIER CONSULTING ENGINEERS. INC. Two Northpark / 8080 Park Lane / Suite 600 _..\ D v 1008EX02.DWG Dallas, Texas 75231 / Ph. (214) 739-4741 JOB NO. 01-0