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Home My WebLink AboutRES 2005-002 RESOLUTION NO. 2005-02 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 Twenty-eight Thousand, Two Hundred Sixty-five Dollars ($28,265.00) 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: Eugene and Carol Morgan 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 Twenty-eight Thousand, Two Hundred Sixty-five Dollars ($28,265.00) 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. 2005-02 2 ATTEST: Linda Huff 0 City Secretary APPROVED AS TO FORM: 41- John F. Boyle, Jr. City Attorney RES. NO. 2005-02 3 Parcel 4 EXHIBIT-L. TO s-c't BS 114L PIQ 1 of 3 CSJ: 0353-07-014 April 15, 2004 Exhibit A, Page 1 of 3 Legal Land Description BEING 0.0369 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 those certain tracts of land conveyed to Eugene J. Morgan and Carol A. Schulz-Morgan (Morgan) according to the instrument recorded in Volume 12222, Page 1209 of the Deed Records of Tarrant County, Texas, said tracts being all of Lot I, Block 1 of Capps Addition, an addition to the City of Grapevine, Texas, according to the plat thereof recorded in Volume 388-180, Page 84 of the Plat Records of Tarrant County, Texas, which 0.0369 acres (1,607 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 northerly line of the aforementioned Morgan tracts, said corner also being the southeast corner of that certain tract of land conveyed to Lead Concepts, Inc. according to the instrument recorded in Volume 15773, Page 404 of the Deed Records of Tarrant County, Texas and the southwest corner of that certain right-of-way dedication per the plat of Lot 1, Block 1 — TWK Addition according to the plat thereof recorded in Cabinet A, Slide 293 of the Plat Records of Tarrant County, Texas, from whence a 3/4" iron pipe found at the northwest corner of said Morgan tracts bears South 82°04'28"West — 247.44 feet, said aluminum disk being 60.54 feet left of station 38+42.86 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 82°04'28" East, with the northerly line of said Morgan tracts and the southerly line of said right-of-way dedication, 10.13 feet to a P.K. nail in concrete found for the northeast corner of said Morgan tracts and the southeast corner of said right-of-way dedication in the existing westerly right-of-way line of BS 114L (variable width right-of-way); (2) THENCE South 17°29'45" East, with said existing westerly right-of-way line of BS 114L, 160.00 feet to a 1/2 inch iron rod with plastic cap stamped "NDM" set for the southeast corner of the aforementioned Morgan tracts and the northeast corner 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; Parcel 4 EXHI2(T- . TO Z2•‘2°°5-6'01 BS 114 L P1i�0 • of .. CSJ: 0353-07-014 April 15, 2004 Exhibit A, Page 2 of 3 Legal Land Description (3) THENCE South 72°41'42" West, departing said existing westerly right- of-way line of BS 114L and with the southerly line of said Morgan tracts and the northerly line of said Sue Robbins and Joe Robbins tracts, 10.00 feet to a 3-1/4 inch Texas Department of Transportation aluminum disk set for corner in the aforementioned proposed westerly right-of-way line of BS 114L (variable width right-of-way), said aluminum disk being 60.54 feet left of station 36+81.21 of the proposed centerline of BS 114L; (4) THENCE North 17°29'31" West, departing the southerly line of said Morgan tracts and the northerly line of said Sue Robbins and Joe Robbins tracts and with said proposed westerly right-of-way line of BS 114L, 161.65 feet to the POINT OF BEGINNING and containing 0.0369 acres or 1,607 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 4 SNOWING A BS 114L 0.0369 ACRE TRACT OF LAND AC 0353-07-014 l '! ik April 4L 2004 T_,t�,_. Tp t5 a00S-O� SITUA TFD IN THE Exhibit A, Page 3 of 3 a ESTNER MOORS SURVEY g8 of ABSTRACT N0. 1029 V,+ JAa, INC. VOL 14796, PC. 117 TARRANT COUNTY, TEXAS \ DRTCT ]ORT(n] ` ` .:%-— \ LOT 1, BLOCK A _ SIr r_ r Tc'�4S' AMENDED PLAT FOR J.A. GREEN ' ''A`` OF TEXAS \ TrRAC 1 \\R CARGO DISTRIBUTION CENTER CALE.• 1 =60 ir.'ACT [ \• VOL. ' i so, PG. 591 ,\ CAB/NET A. SLIDE 5079 I Va. 1135. _G. 591 t; ��r".TCT PRTCT LEAD CONCEPTS. INC. CK TC r a •. \ VOL 15773, PG. 404 `(G DRTCT R.O.W. DtFICA;RCN \\ rs 1 '.C,&S NE A. .`.L,'1'�E ., ., _ 1 0 \ 1 LOT 1, BLOCK 1 PRTCT 25' SLOPE EASEMENT TW( ADDITION •\ "?S±A'"`G. `Y.S?? f'a FOR FUTURE CABINET A, SLIDE 29.3 cxrsnNC s VOL ? ?1?, PG. ???? '�_ \ ROADWAY CONSTRUC710N PRTCT RIGHT-OF-WAY Dr TC; . Y� CABINET A. SLIDE 5079• 1\10' U71UTY EASEMENT , k�ti,'� i. \ PRTCT CABINET A. SLIDE 29.3 i w �. -o „ '1� & PRTCT N 82'04 28 E } FOUND px G� ` \CABINET A, SLIDE 4015 7.5' UTILITY EASEMENT 10.13' xA� w cave C \ PRTCT I CABINET A, SLIDE 293 _ _- - �=, o s/8' I PRTCT ---- :--- — — —- 1d 4= _— r \t...\ \,..C.177 OF GRAP ,.iNE.K _ - 6454'LEFT CK _ i EX/SIWC ,\ !/ \.r.!,7.W.. -L'RrCSE=i 7.5' UTILITY EASEMENT - PRQ°OSED CL. 4 i_N R1CNT-Get-WAY / le,C.t-, 13784 P;;. „5i' /4'wF VOL 388-180, PG. 84 STAncw 36•42e6 t-5 ;^ UD } ,t �. \ n,K-Cr I PRTCT POINT OF BEGINNING .'' '-:::CA eA ' :• Cpl \..11.\ ,3 ■ \ r_ m EUGENE J. MORGAN & r...1.-� m • CAROL A. SCHULZ-MORGAN 3S;?+L !, \ \ VOL 12727 PG 1209 Rlcxr PROPOSED y -- ' o t , DRTCT -' `%`'= •■r' __a • BLOCK 1, LOT 1 'D 0-� CAPPS ADDITION SET 3-1/4'WOAD O \ ?kt- \ \ ALUMINUM DISK Jt . VOL. 388-180, PG. 84 6a54'LEFT O t o - PRTCT aSTA + .. IRS , •\�.. w \ �'� FOUND x L / NAIL IN CONC. ?o/ / / \ -4 b 4 10' UTILITY EASEMENT - ....... S 72'41'42" W \ RIGHT-OF-WAY ul '- VOL. 388-180, PG. 84 ' 1 W PRTCT i 10.00' \mss �cc i -- Cr NO i a �' SUE ROBBINS & JOE ROBBINS ..\:,:-:)� o a VOL 9630, PG. 845 DRTCT \ '!RF EXISDNG Sr'AT_ ;. • F TYAS LEGEND RIGHT-or-WAY COND I:N A 710N CAUSE ;CIO. 255E7 0 = Corner monument found/set os noted CIV M.7.1. y0 COURT IPF= Iron Pipe Found IRF.= Iron Rod Found i IRS = Iron Rod Set - • • — • • — = Existing Roadway Right-of-way NOTES: \ • Boundary Line = Right-of-way Line A Legal Description of even date accompanies = Property Line this plat. — - - = Survey Line = Proposed Centerline Bearings for.this survey are based on NAD 83 = Existing Easement Line Datum, Texas State Plane Coordinate System, DRTCT = Deed Records of Tarrant County, Texas North Central Zone and are referenced to control PRTCT = Plat Records of Tarrant County, Texas monuments 2, 3, 4 and 5 provided by TxDOT VOL., PG. = Volume, Page for this project. NATHAN D. MAIER CONSULTING ENGINEERS, INC. \I D v Two Northpark / 8080 Park Lane / Suite 600 1008EX04.DWG Dallas, Texas 75231. / Ph. (214) 739-4741 JOB NO. 01-01-008