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Home My WebLink AboutRES 1996-057 RESOLUTION N0. 9s-5� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF ACQUIRING A DRAINAGE EASEMENT UNDER, OVER AND ACROSS THE HEREINAFTER DESCRIBED LAND, AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATfON 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 114L) from State Highway 114 to State Highway 26/East Wall Street and the City of Grapevine should acquire a drainage easement 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 a drainage easement 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 5849.00 for the hereinafter described property as payment for a drainage easement acquired, which amount represents the fair cash market value of said drainage easement to be acquired. Section 3. That the City of Grapevine determines to appropriate the drainage easement under, over and across said property for the purpose of reconstructing Northwest Highway (Business 114L) from State Highway 114 to State Highway 26/East 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: John W. and Janice Albritton, III Lienholder(s): Hibernia National Bank in Texas Kent Mansfield, Trustee for the Benefit of Hibernia National Bank 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 5849.00. This sum represents compensation for the fee title, permanent easement, and the temporary easement. '��{" The total offer represents $849.00 for the drainage easement 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 suitls) 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 �7th day of December , 1996. APPROVED: � _ � William D. Tate Mayor • �� :�» RES. NO. 96_57 2 �,� ATTEST: �� Linda Huff City Secretary APPROVED AS TO FORM: _., .,.... ,...1 r I ,r �.,� f�� ,,, f. -., .�-�.� :_. ,j r� �,, " j" l l �---- . ,.. - John F. Boyle, Jr. City Attorney �+iN ��W �,.'� �la�rar RES. N0. 96_57 3 Exhibit "A" to Res. No. 96-57 � Page 1 of Z SURVEYOR'S FIELD NOTES �� . , �,� Pucel No.4(E) � State Ivghway Business 114L CS7: 03 53-07-012 t0-30-95 Extubit,�Page 1 of 1 � BEING a tract of land situated in the Thomas Mahan Survey,Abstract No. 1050 in the City of Grapevine,Tarrant County,Texas,being part of Lot 3A,Block 3, Brookside � � Addition, an addition to the City of Grapevine(Volume 388-121,Page 85,Tarrant County Plat Records),being part of that land conveyed to John W.Albritton by deed rxorded in Volume 7199, Page 1099,Deed Records of Tarrant County,Texa�, and being more particularly described as follows: � BEGINNING at a 5/8"iron rod ut at the southwest corner of Lot 3r�said point being in the north right-of-way(ROVl7 line of H'ighway Business l 14L,and being 17.020 meters(55.84 feet)left of Kighway Centerline Station 1+253.338; � (1) 'I'HENCE North O1°22'O8"East along the westerly line of Lot 3,� a distance of 2.740 meters(8.99 feet)to a 5/8"iron rod set; � (2) THENCE North 25°18'S1"East aJong the westerly Gne of Lot 3A,a distance of 4.816 meters(15.80 feet)to a 5/8"iroo-rod set; �� (3) TI-�ENCE North 12°56'06"East along the westerly line of Lot 3r� a distance of 4.906 meters(16.10 fat)to a 5/8"iron rod set; ,��, (4) TF�NCE South 86°43'S4"East a distance of 6.553 meters(21.50 feet)to a 5/8"iron rod set; . � (5) TI�NCE South 00°00'04"East a distance of I 1.500 meters(37.73 feet)to a 5/8"iron ' rod in the north ROW line ofHighway Business 114L,and hom which a 1/2"iron rod found at the southeast comer of Lot 3A,Biock 3 bears North 89°59'S6"East 39.952 � melers(131.08 feet); � (� TI-iENCE South 89°59'SG"West along said north ROW line a distance of9.765 meters (32.04 feet)to the POINT OF BEGINNING,containing 97.1 square metera(1045 � square feet)of land,more or less. Diraxional control is based on the centeriine of State F�ighway Busines 4L. �-_ � A drawing of even survey date accompanies this description. _,5•`"�-L• `�,� � �� .��`C •,, �� '. _ . . . ~,�� - •i ::r� ��i � � ��:.'�-"j��d � � �� 8 �N11 � �'YS�1IA�OII �SSOCjAtG9 � � Exhibit "A" to Res. No. 96-57 � Page 2 of 2 ' ACQUISITION MAp �,� , � � � a � � � � Z � � . ----- � � R � i� c�F' ,,+ �' � OOf+t °g � � � � �b 0 M N OI � + �II i Q � f � 1 � W � ��W 2 N v � N � � Z a o z �� ' ; O �+ � � � n J �+ � G��O� �^''i a� o � Ci � U = � � � � �Scd� ��7 n ^ 7 O� p m — �ao�iD a n � � m � � f� E Zyis Z �4 ; O m W r) �A �=KUV S�Z y� d � n a± �`oz? a � c.� ^ � � 411� O1 �WN�m � 01 ; �- p o a� a J M �'1 y�Z� O > N p �+<zmo w � oa� 7 J < N � 0 ^ 3 �O 0 o a ��=�r W Z � E b �n o ,,�,u��n i� i � 3 O r�r_ M c�n � N �<Z��s,' � o � p �< I �' �LJ � v ..<�Wm� � 3 � N W � Q (� t0 � -OcV�iu �� V O i o W • ^ < � �; w � 0 ' N � � Y � � O � " . �,,,�., � '' � o `" � m � '. x � �;�,. . ^� o `O o u� '�`t:`� � . 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