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HomeMy WebLinkAboutRES 1986-023 CITY OF GRAPEVINE, TEXAS RESOLUTION N0. 86-23 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS FINDING THAT A PUBLIC NEED AND NECESSITY EXISTS FOR THE CITY TO ACQUIRE A TEMPORARY CONSTRUCTION EASEMENT AS HEREINAFTER DESCRIBED; AUTHORIZING AN OFFER TO BE MADE TO PURCHASE THE CONSTRUCTION EASEMENT AND FURTHER AUTHORIZING THE CITY ATTORNEY TO "� " INITIATE CONDEMNATION PROCEEDINGS; PROVIDING AN EFFECTIVE DATE. �w� WHEREAS, the City of Grapevine, Texas (the "City"), as a Home Rule City, has the power and authority to appropriate private property for public purposes whenever the City Council shall deem it necessary pursuant to laws of the State of Texas. WHEREAS, the City Council has determined and found that a public need and necessity exists for the City to acquire a Temporary Construction Easement as described in Exhibit "A", which Exhibit is attached hereto and incorporated herein for all purposes. NOW, THEREFORE, 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 exists requiring that a public road and highway known as State Highway Spur 103 be constructed, extended and widened, and that the City should acquire certain construction easements of not less than eighteen (18) months in duration on certain land necessary for said project. Section 2. That the hereinafter described property is hereby determined to be necessary for the above-mentioned project. For the � _. purpose of acquiring a construction easement to said property, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the sum of $2,245.00 for the hereinafter described �-� property as payment for the owner's property temporarily appropriated and full damages allowable by law which amount represents the cash fair market value. Section 3. That the City of Grapevine determines to appropriate a Temporary Construction Easement across said property for the purpose for improving, constructing, widening and extending State Highway Spur 103, and that such acquisition is pursuant to the eminent domain laws af the State of Texas. Section 4. That the owner or parties claiming interest in said property is a joint venture known as C.F. L.B.J. Properties, Inc. Section 5. That the property to be acquired is more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 6. That should the owners not accept the City's good faith offer to purchase the easement, the City Attorney is authorized and requested to file the necessary legal action to acquire said easement under the law of eminent domain. �� Section 7. That should it be later determined that additiona parties other than those named have an interest in said property, the City Attorney is authorized to join said parties in the condemnation suit. � Section 8. That this resolution shall take effect immediately upon passage. PASSED AND APPROVED by the City Council of the City of Grapey�ne, Texas on this the 5th day of June , 1986. G��i7✓�� Mayor, City of Grapevine, Texas ATTEST: i t ecretary, i ty o r�� Texas [SEAL] �,- ,, APPROYED AS TO FORM: �'��� "'��"' i ty Attorney City of Grapevine, Texas �::� �� ► 0015U EXHIBIT "A" , PAGE 1 TO RESOLUTION NO. 86-23 .� _ � ' . ; � � �'. Parcel 4(TE) Spur Highway 103 � �.„. 3-28-86 � Being 0.035 of an acre of land, more or less, out of Block 5 of the Lipscomb and Daniel Subdivision to the City of Grapevine, Tarrant County, Texas, according to a map or plat of said addition recorded in Volume � 388-D, Page 333 of the Deed Records of Tarrant County, Texas, which Block 5 was conveyed to C.F. LBJ Properties, Inc, by deed dated December 5, 1980 and recorded in Volume 7042, Page 616 of the Deed Records, Tarrant County, Texas, which 0.035 of an acre of land, more or less, is more par- � ticularly described as follows: BEGItvNING at the intersection of the existing East right-of-way line of � Spur Highway 103 and the North line of Dallas Road, said point being the Southwest corner of Block 5 of said Lipscomb and Daniel Subdivision; �1� THENCE North 00° 18' West with said right-of-��ay line a distance of 150.69 � feet to a point, said point being 39.23 feet East of and at right angles to centerline survey �station 7+99,g9 of Spur Highway 103, said point also being South 00° 18' East a distance of 94.85 feet from the Northwest corner of t said Block 5; � ,.:� �2� THENCE North 89° 48' East a distance of 10.00 feet to a point; � �� � �3� THENCE South O�J° 18' East a distance of 149.97 feet to a point in the South line of Block 5, said point being in the North line of Dallas Road; � (4) THENCE South 85° 42' West with said South line of Block 5 a distance of 10.02 feet to the point of beginning. � � � • � � ��� � �� � - EXHIBIT "A" , PAGE 2 TO RESOLUTION NO. 86-23 �. ---- --. _.._ • - � —__^ - � I . 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