HomeMy WebLinkAboutRES 2000-043 RESOLUTION NO. 2000-43
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 PARR ROAD; 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 Parr Road from Hall Johnson Road to Parr Park 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 Twelve Thousand, One
Hundred Fifty-Five Dollars ($12,155.00) for the hereinafter described property as payment
for fee simple title and full damages allowable by law, which amount represents the fair
cash market value of the land to be acquired.
Section 3. That the easement shown in Exhibit "B", attached hereto and
incorporated herein for all purposes, being a temporary construction easement twenty feet
(20') wide and lying along and parallel to the proposed, new right-of-way line, is hereby
determined to be necessary for the above mentioned project. That for the purpose of
acquiring said temporary construction easement for a period of two years from the date the
City of Grapevine takes possession of said easement, over, under and across said
property, the Director of Public Works or such employee as he may designate, is hereby
authorized to offer the sum of One Thousand, One Hundred Thirty-Three Dollars ($
1,833.00) for the hereinafter described property as payment for said easement interest and
full damages allowable by law, which amount represents the fair cash market value of the
temporary construction easement to be acquired.
Section 4. That the City of Grapevine determines to appropriate fee simple title
and easements under, over and across said property for the purpose of reconstructing Parr
Road from Hall Johnson Road to Parr Park, as authorized under the laws of the State of
Texas and the provisions of the Charter of the City of Grapevine.
Section 5. That the owner or party claiming an interest in said property, and the
legal description thereof, are as follows:
Exhibit "A" and Exhibit"B"
Owner: Bill R. Benge and Carol Benge
Lienholder(s): Jerry D. Allen and Norma J. Allen
Internal Revenue Service
Section 6. 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 Twelve Thousand, One Hundred Fifty-Five Dollars
($12,155.00) for the property described in Exhibit "A", and in the amount of One Thousand,
Eight Hundred Thirty-Three Dollars ($ 1,833.00) for the easement shown in Exhibit "B".
This sum represents compensation for the fee title and the temporary construction
easement on the property. The total offer represents full compensation for the fee title and
easements and Zero Dollars for damages to the remaining property.
Section 7. 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 8. That the City is to have possession of the property on closing.
Section 9. 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 10. 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 11. 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
RES. NO. 2000-43 2
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of August, 2000.
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.`
City Attorney
RES. NO, 2000-43 3
•
EXHIBIT 4 TO 41 GP6M.4,9
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EXHIBIT "A"
4,966 Square Feet/0.114 of an Acre
E.R. Richardson Survey, Abstract No. 1352
City of Grapevine,Tarrant County,Texas
BEING a tract of land situated in the E.R. Richardson Survey, Abstract No. 1352,City of Grapevine,Tarrant
County,Texas and being a portion of that certain tract of land conveyed to Bill R. and Carol Benge, described
in the deed recorded in Volume 7495,Page 473 of the Deed Records of Tarrant County,Texas(DRTCT)and
being more particularly described as follows (bearings referenced to the City of Grapevine control monuments
and GPS):
COMMENCING at a 1/2-inch iron rod found for the northwest corner of O'Dell Court (a 60-foot wide right
of way) as shown on the Plat of the O'Dell Subdivision, an addition to the City of Grapevine, recorded in
Volume 388-78,Page 33, of the Plat Records of Tarrant County,Texas (PRTCT);
THENCE North 00°19'11"East,along the proposed east right-of-way line of Parr Road(a variable width right-
of-way),a distance of 39.06 feet to a 5/8-inch "KHA"capped iron rod set for a corner in the south line of said
Benge tract and the POINT OF BEGINNING;
THENCE South 89°54'00" West,along said south line, a distance of 35.06 feet to a point for a corner, same
being in the east line of Parr Road as dedicated by Stonewood - Phase Two, an addition to the City of
Grapevine, as shown on the Plat recorded in Cabinet A, Slide 2500, PRTCT;
THENCE North 00°21'38" East, along said east line, a distance of 147.84 feet to a point for the northwest
corner of said Benge tract;
THENCE South 72°43'36" East, along the northerly line of said Benge tract, a distance of 36.26 feet to a 5/8-
inch "KHA" capped iron rod set for a corner in the aforesaid proposed east right-of-way line;
THENCE South 00°12'27" West, along said proposed east right-of-way line, a distance of 137.01 feet to the
POINT OF BEGINNING and containing 4,966 square feet or 0.114 of an acre of land, more or less, of which
2,697 square feet or 0.062 acres are within the public roadway.
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