HomeMy WebLinkAboutRES 1990-013 CITY OF GRAPEVINE, TEXAS
RESOLUTION N0. 90-13
A RESOLUTION DETERMINING THE NECESSITY OF
ACQUIRING RIGHT-OF-WAY FOR PUBLIC STREET
PURPOSES UNDER, OVER AND ACROSS THE
HEREINAFTER DESCRIBED PROPERTY, AND
�, � AUTHORIZING ITS CONDEMNATION AND�OR APPROPRI-
ATION TO BE USED IN CONNECTION WITH THE
GRAPEVINE-EULESS ROAD BRIDGE RECONSTRUCTION
AT BIG BEAR CREEK; 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 a public
need and necessity requires the reconstruction of the bridge on
Grapevine-Euless Road at Big Bear Creek (the "Project" ) , and
that the City of Grapevine, Texas (the "City" ) should acquire a
right-of-way for public street purposes under, over and across
the property described in the attached Exhibit "A" incorporated
herein for all purposes . It is further determined that the
property described in Exhibit "A" is necessary for the Project.
Section 2 . That in order to acquire the right-of-way for
public street purposes under, over and across the property
described in Exhibit "A" , the Director of Public Works, or such
employee as he may designate, is hereby authorized and directed
to offer the sum of Seven Thousand Eight Hundred Sixty-Seven
Dollars ( $7,867 . 00) for the property described in Exhibit "A"
as payment for the right-of-way acquired plus full damages
� , allowable by law, which amount represents the fair cash market
value of said right-of-way and the property to be acquired.
+� � Section 3 . That the City of Grapevine determines to
appropriate the property described in Exhibit "A" for the
purpose of reconstructing the bridge on Grapevine-Euless Road
at Big Bear Creek, as authorized under the Constitution and
laws of the State of Texas and the provisions of the Charter of
the City of Grapevine.
Section 4 . That the owners or parties claiming an
interest in the property described in Exhibits "A" , and the
legal description thereof, are as follows:
Owners: PFBW IRA Partnership
Francis Kirk Johnson, III
Debra Fay Johnson Davis McGuire
Demar Elizabeth Harris
Tenant: None
Lienholder(s) : None
Legal Description: See attached Exhibit "A"
Section 5 . That, in the event the property owners
accept the offer made as authorized herein, the Director of
`'"�'' Finance is hereby authorized to pay the above-named owners the
amount of Seven Thousand Eight Hundred Sixty-Seven Dollars
( $7 , 867 . 00) . This sum represents compensation in the amount of
Seven Thousand One Hundred Seventeen Dollars ($7 , 117 . 00) for
right-of-way for public street purposes to 0 .2471 acres of
land, less oil, gas and sulphur, as value for the right-of-way,
and with a payment being made in the amount of Seven Hundred
Fifty-Five Dollars ( $750 . 00) for damages to the remainder. Any
instruments necessary to effectuate the conveyance shall be
approved by the City Attorney and subsequently filed with the
County Clerk of Tarrant County and returned to the City
0393L
Secretary for permanent record. The City is to have possession
of the property described in Exhibits "A" on closing.
Section 6 . That should the Director of Public Works,
or his designated employee, report to the City Attorney that
the herein above-named property owners have refused to accept
the offer to purchase as set forth above, this refusal will be
evidence that the City cannot agree with the property owners as
to the damages allowable by law. In such case, the City
�,,.� Attorney is hereby authorized and requested to file the
necessary suit(s) and take the necessary action for the prompt
acquisition of the property described in Exhibit "A" by
condemnation or in any manner provided by law.
Section 7 . That should it be subsequently determined
that additional persons other than those named herein have an
interest in said property, then in that event, the City
Attorney is authorized and directed to join said parties as
defendants in said condemnation suit.(s) .
Section 8 . 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 thel5th day of May , 1990 .
APPROVED:
��
�.
Ted R. Ware
Mayor Pro Tem
� �, ATTEST:
� �
Linda Huff, C Secretary
[SEAL]
APPROVED AS TO FORM:
City Attorney
�
�
- 2 -
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' , � EXHIBIT "A" , PAGE 1 OF 2
. • TO RESOLUTION NO. 90-13
j, GRAPEVINE-EULESS ROAD AT BIG BEAR CREEK
_ pARCEL NO. 3
_ PERMANENT STREET RIGHT-OF-WAY
E. CLARY SURVEY A-323
TARR.ANT COUNTY, TEXAS
SITUATED in the City of Grapevine, Tarrant County, Texas, and
being a strip of land out of the E. Clary Survey, Abstract No.
323, said strip being across a 58 . 698 acre tract of land conveyed
to Crown Oaks, Inc . Employee Profit Sharing Plan by deed as
recorded in Volume 8210, Page 2131 of the Deed Records of Tarrant
�� County, Texas (D.R.T.C.T. ) , said strip of land also being a
Permanent Street Right-of-Way more particularly described as
follows :
`�' BEGINNING at a "X" cut on a concrete culvert in the center of
Grapevine-Euless Road over Big Bear Creek, said "X" being at the
northwest property corner of the said Crown Oaks tract and the
southwest property corner of a tract of land conveyed to the City
of Fort Worth by condemnation No. 67042 as recorded in Volume 78,
Page 843 of the Court Records of Tarrant County, Texas;
THENCE, South 35 degrees 49 minutes 20 seconds East, along the
northeasterly property line of the said Crown Oaks tract
and along the southwesterly property line of the said
City of Fort Worth tract, at 42 . 80 feet passing a point
on the east side of existing occupied right-of-way for
Grapevine-Euless Road, continuing in all, 119 .40 feet to
a point;
THENCE, South 65 degrees 00 minutes 41 seconds East, along the
northerly property line of the said Crown Oaks tract and
along the southerly property line of the said City of
Fort Worth tract, 4 . 74 feet to a point;
THENCE, South 00 degrees 28 minutes 40 seconds West, 51.65 feet
� °� to a point; �
;�� THENCE, South 7 degrees 19 minutes 14 seconds West, 342 .73 feet
to a point on a fence on the easterly side of the said
Grapevine-Euless Road;
THENCE, South 00 degrees 33 minutes 40 seconds West, along a
fence on the said easterly side of Grapevine-Euless Road,
130 .92 feet to an iron rod on the northerly property line
of proposed Highway No. 360 right-of-way;
THENCE, North 89 degrees 30 minutes 17 seconds West, along the
said northerly property line of Highway No. 360
right-of-way, 33 . 98 feet to a nail on the centerline of
the said Grapevine-Euless Road;
. THENCE, North 00 degrees 28 minutes 40 seconds East, along the
said centerline of Grapevine-Euless Road, 621.04 feet to
the POINT OF BEGINNING.
The Permanent Street Right-of-Way herein described contains
0 . 6991 acres (30,452 square feet) of land of which 0 .4520 acres
( 19, 688 square feet) is within the said existing Grapevine-Euless
Road, leaving a net area of 0 .2471 acres ( 10, 764 square feet) of
��IX` land, more or less .
TO A?�L PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO
HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIFTION WAS PREPARED rROi�i
PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE
GROUND AND THAT SAME IS TRUE AND CORRECT.
�p'��.�F.TF��d, .
By: �. � . ��
Surveyor Name: Shaun Spooner '�H..u;�.�...��.�+rK�..�
Registered Public Surveyor, •.c•. 4183 :Q-
Texas No. 4183 G-.?�``S7£��o,.�p
o���.,s,u.���,
Date of Survey: 12-14-88 '
EXHIBIT "A" , PAGE 2 OF 2
' TO RESOLUTION NO. 90-13
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