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HomeMy WebLinkAboutRES 1996-059 ,.�. RESOLUTION NO. g6-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF � GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF ACQUIRING FEE SIMPLE TITLE UNDER, OVER AND ACROSS THE HEREINAFTER DESCRIBED LAND, AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION TO BE USED IN CONNECTION WITH THE RECONSTRUCTION OF NORTHWEST HIGHWAY (BUSINESS 1 14L); 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 Northwest Highway (Business 1 14L) from State Highway 1 14 to State Highway 26/East Wall Street 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 �-T� 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 5914.00 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 land to be acquired. Section 3. That the City of Grapevine determines to appropriate fee simple title for right-of-way and easements under, over and across said property for the purpose of reconstructing Northwest Highway (BUS 1 14L) from S.H. 114 to S.H. 26./E. Wall Street, 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: Owner: Christiane Hepfer, President International Capital, Inc. �,� Lienholder(s): Park and Wall Joint Venture NCNB Texas National Bank ,�;� Hi-Lo Auto Supply L.P. ��� Section 5. That in the event the property owner accepts 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 5914.00. This sum represents compensation for the fee title. The total offer represents 5914.00 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 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 compliance 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). Section 10. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of December , 1996. APPROVED: William D. Tate �.��, Mayor �.� RES. N0. 96-59 2 �-�� ATTEST: +.�,- - � cC� Linda H ff City Secretary APPROVED AS TO FORM: , �/p � �''� /�, � � 4 �� /' ';�:, r �� . John F. Boyle, Jr. - ' City Attorney ,�,.� `Y�,..,� ��� ��«� RES. NO. 96-59 3 Exhibit "A" to Res. No. 96-59 � Page 1 of 2 SURVEYOR'S FIELD NOTES .� , �,,,,,,, Parcel No. I State FLghway Busines� 114L � CSI: 0353-07-012 10-34-95 FYti;bit�Page 1 of 1 � BEING a tract of Iand situat�d in the T. Easter Survey, Abstract No.458,in the Ciry of Crrapevine,Tarrant Counry,Texas, being the remaindcr of Lot I,Block 1,Lutheran Church Addition as shown on plat of the Park and Wall Additioa No.2(Volume 388- � 156,Page 42,Plat Records of Tarrant Counry,Texas),an addition to the City of � Grapevine(Cabinet r� S6de 247,Plat Records of Tarrant County,Texas),being part of that land conveyed to Wallgrape Panners Ltd.by deed recorded in Volume 11834,Page 2184,Deed Records of Tarrant County,Texas,and being more particularly described as ; follows: I � BEGINMNG at a 3/4"iron rod found at the northwest corner of the remainda of Lot l,Lutheran Church Additior� said point being ttie northeast corner of Lot lI�Block L, Oak Knolls Lakeview Addition(Cabinet r�Slide 633,Tarrant County Plat Records), ' said point being in the southerly right-of-way(ROV17 Gne of ELghway Business 114L, � being 22.776 meters(74.72 feet)right of I-fighway Centertine Station 1+191.866,and from which a 1�2"iron rod found at the northwest corner of Lot 2,Block 1,Park and j Wall Addition No. 2,bears South 00°44'41"West 67.830 meters(222.54 feet); (1) T'F�.TICE North 81°54'S8'East along the southerly ROW line of Business 114L,a � distance of 1.725 meurs(5.65 feet)to a 5/8"iron rod sec a[ihe northwest cornu of an cxisting corner clip for Ppsk Boulevard; � (2) THENCE South 48°54'40'East along said corner c6p,a distanc.e oF3.984 metus (13.07 feet)to a 1/2" iron rod found in the westerly ROW line ofPark Boulcvard; (3) Tf��NCE South 00°15'42"West along said westerly ROW Gne,a distance of 5.172 meters(16.97 feet)to a 5/8"iron rod set; (4) 'I'E�NCE NoRh 11°50'20"West along the proposed southerty ROW line of said Business 114L,a distance of 8.885 meters(29.15 feet)to the POIIdT OF BEGINNING, containing 14.8 square meters(159 square feet)of land,more o�less. Directional control is based on the centerline of State F-Lghway Business 114 I.. A drawing of even survey date accompanies this descriptioa /� �� �r�� E, ' `�, � J� ^ .' x ,� ,���"'��r��`'_ _��-�1 . t\C,•- _ _ .•::+.:.r^r� �4`we;'�`M�i���� ��.���•��u a': /-z��9t � �w. Evaluation Associates Exhibit "A" to Res. No. 96-59 � Page 2 of 2 ACQUISITION MAP �� ; . ��`� n a a �� N i- � � � H � O � Ex�51 a0w EYiST. pOw ��' � � � a � 0 N � � O - �ry � � � v N(I� + O � �+� W ° CL BU t 14 � � � o � +IE N� N89'02'38"E <�� � ' � U y, ' p � Q i� O z y�j N r--+ O�W O m N � N rZ � n W O �"'O o � N N 0(� Z '" b rf d � � � � awm e _ v E � 3 � 8o a�o 3 � i '� N � i� �- Exi51� R�w �, Z ^ '� ri � v � � � � b � ��. � � � � o � `, � � � . 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