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HomeMy WebLinkAboutRES 1996-058 ,�,,� RESOLUTION NO. g6-58 �� 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 IBUSINESS 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 fee simple title 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 54,127.00 for the hereinafter described property as payment for fee simple title 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 under, over and across said property for the purpose of reconstructing Northwest Highway (Business 114L) from State Highway 114 to Statae 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: Simon W. Henderson, III, Trustee .�-�� Lienholder(s): Trinity/Tarrant Partners, Ltd. r.�� 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 $4,127.00. This sum represents compensation for the fee title. The total offer represents 54,127.00 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 �7th day of December , 1996. APPROVED: William D. Tate Mayor �..�, i�,. RES. N0. 96_5g 2 �.�. ATTEST: � � ., Linda Huf City Secretary APPROVED AS TO FORM: , , � �� .. , , __ ��_ , ;��� .�-�; �. , �' � ' � j - � ' !._ John F. Boyle, Jr. City Attorney ,�.., �� .�,.,„ ��. RES. N0. 96-58 3 Exhibit "A" to Res. No. 96-58 � Page 1 of 2 SURVEYOR'S FIELD NOTES � - �� � - Parcet No. 32 -,r,,,��, State F-iighway Business i 14L CSJ: 03 5 3-07-012 � 10-30-95 Exhibit r� Page 1 of 1 � BEING a tract of land situated in the A. F. Leonard Survey,Abstract No. 946 in the , City of Grapevine,Tarrant Counry,Texas, being part of Traci 2 of the Lakecrest Addition, an addition to the City of Grapevine(Vofume 388-46, Page 77,Plat Records of Tarrant County,Texas), being part of that land conveyed to the Estate of Simon W. Henderson,Jr. by deeds recorded in Volume 11716, Page 1317 and Volume 11716, � Pan�e 1329,Deed Records of Tarrant County, Texas, and being more particularly described as follows: 1 BEGINMNG at a 5/8"iron rod set at the southeast corner of Tract 2, Lakecrest � Addition, said point bein�at the intersection of the existing northerly right-of-way (RO�line of Highway Business 114L with the west ROW line of Ruth Wal(Road, and being in a curve to the right having a radius of 832.532 meters(2731.40 feet), a central ; angle of 00°44'S5", and a(ong chord which bears South 69°51'40"West 10.379 meters (3 5.69 feet); ' (1) THENCE westerly along said curve and along the northerly ROW line ofBusiness 114L a distance of 10.879 meters(35.69 feet)to a 5/8"iron rod set at a point 18.710 meters (61.38 feet) left ofHighway Centerline Station 4+445.003; ,�,.,, (2) THENCE North 00°12'31"East, a distance of47.332 meters(155.29 feet)to a 5/8" iron rod set in the north line oFTract 2, said point being in the south line of Tract 3, +�a+ Lakeaest Addition; (3) TI�NCE South 89°47'29" E�st along ihe common line of Tract 2 and Tract 3, a distance of 10.200 raeters(33.46 feet)to a 5/8" iron rod set at the northeast corner of Tract 2 and the southeast corner of Tract 3, said point being in the west ROW line of Ruth Wall Road, and which bears South 00°12'31"West a distance of 102.261 meters (335.50 feet)from a 1/2"iron rod found in the south ROW line of Tumer Road for the northeast comer of the remainder ofTract 3; (4) TI-�NCE South 00°12'31"West along the west line ofRuth Wall Road, a distance of 43.550 meters(142.88 feet)to the POINT OF BEGINNING, containing 463.63 square meters(4990 square feet)of]and,more or less. Directional control is based on the centerline of State H'ighway Busines;�14L. A drawing of even survey date accompanies this description. -. ,"��. -1, '� ' ',; ���„' �", -., `lIl,, � �,���� .. :,�, � - :.;-' �� Evaluation Associates � Exhibit "A" to Res. No. 96-58 Page 2 of 2 ACQUISITION MAP � � " '��- i k � ,�I ,�, ; ::.,- _:, , �� � j- b ; z . ��,�`' � \ � � I� (* � �"= � y- � O� G � I /j' � , . � '� �..) I 1 3 u� i u `' 1 tr . ' I O W Z I� � • • . _ ` ,�� � �' � ' Q \.. . . •�').'. � J1 O �t . ) � I x � Wl.^ �!. u � O �D v � ' I N I P h MQ 1 . . 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