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Home My WebLink AboutRES 1981-030 RESOLUTION NO. 81-30 A RESOLUTION FINDING THAT A PUBLIC NECESSITY AND NEED EXISTS FOR THE CITY TO ACQUIRE AN EASEMENT FOR WATER DISTRIBUTION SYSTEM PURPOSES ON, OVER, AND ACROSS THE PROPERTY DESCRIBED IN THE BODY OF THE RESO— _ LUTION; AUTHORIZING AN OFFER; AUTHORIZING THE CITY ATTORNEY TO �:.s,., FILE CONDEMNATION PROCEEDINGS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section l. That the City Council does hereby find that a public necessity and need exists in the City in order for the City to improve and expand its water dis- tribution system, both a permanent easement and a con- struction easement on, over, and across all of that lot, tract, or parcel of land situated within the City limits of the City of Grapevine, Tarrant County, Texas , and described in Exhibit "A" , attached hereto and incorpor- ated herein for all purposes from the owners of the property, First Financial Corporation, as recorded in Volume 6382, Page 263 Deed Records, Tarrant County, Texas. Section 2. The water distribution system easement to be acquired is for the purpose of constructing, recon- structing, and maintaining a water line and necessary ""��` appurtenances in, under, over, upon, and across the pro- perty described in Exhibit "A" . �_� Section 3. The City Manager is instructed to offer the owners the sum of $1, 000. 00 as cost consideration for the easement. In the event the owners reject the offer, the City Attorney is directed to file a condemnation suit in Tarrant County in order to permit the City to obtain the easement pursuant to its power of eminent domain. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of August, 1981. APPROVED: Mayor ATTEST: � City Sec r�� APPROVED AS TO FORM AND LEGALITY: City Attorney � � EXHIBIT "A" s ' �,..� �.______, _ ^� � � + � � { � i ' i ; 1 � I � � �� ) � �w� �� P � o�M � �� _ �� Q- �. Q�v �v� h N ti� �� CU � �`�' ti �� T O= � ` \��e'Qq�'I' C.s � � �� J I � � g�3 °'3 \ � i �s\ s�,�. z �C/�` �L 3 � � . c' � Oo � . � /8 � \ �/ �v w-- - \ . � Q' Q ; O v �~` �� v �-• Qp� � ,�. Q, / � `� s' f,. . �, m � � � � � i h w � / � � � � �S� / � � �-Q �� I I I 1 i � i C N � �'� FIRST � INANCIAL CORP. � �1/AfER LIRIE EASENiEf� T � � ( I � � I ' EXHIBIT "A" , easement, for initial construction, and unti.l the watermain is constxucted and placed in operation by the City of �_,rapevine provided, that durina construction damages to surface, trees, structurec, £ences, etr. there�n are kept to a minimum and the area is cleaned up so as to be in good cor�dition, with all debris, brush, etc. removed from the site. The City of Grapevine, Texas shall have the right and privilege to remove and dispose of, off the site, trees, brush, debris, excess excavated m�terial, etc. in the easements, that would interfere �aith access to the constructi.on site and tYiat would interfere with constructior� of tne said water facilities. � TO HAVE AND Z'O HOLD, all singular, the privil-eges aforesaid t� it, tYie said City o� Grapevine, Texas, its successors and assiqns forev��r, together with the right and privilege, at any and all times to enter said p�-em:i.ses or �,�; any part thereof, f.or tlie purpose of constructing, reconstructinq and �er- petually maintaining said water line together with necessary api�urtenancc�s inside said perpetual easement and for making connections therewith; all upon tne condition that the City of Grapevine, Texas, will at all times, after doing any work in connection with the construct.i.on, reconstruction or repair of said water line restore said premises as nearly as feasible to the condition in which same wer_e found before such work was undertaken, iricluding repair of all fences that miqht be disturbed or damaged in per- forming said wor.k, and further upon tne conditi.on that in tlle use of the afores�id riqhts and privileges hereiri granted, the City of i�rapevine, Texas, will not create a nuisance or do any act that will be detrimental to said ,�remises and that 5aid tract will not be used by said City of Grapevine, TF�xas, for ariy other purpc>se, under this grant, except as herein provided. WITNESS OtJR HANDS this day o£ A.D. 1981. , , �:. , I�.:�, �,.,,, �,y,. � ,, EXHIBIT "A" STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF' TARRANT X THAT WE, FIRST FINANCIAL CURPOf2ATION , for and in consideration of the sum of one Dollar ($1.U0) cash to us in hand paid by the City of Grapevire, Texas, a municipal corporation of the County of Tarrant, State of Texas, tne receipt of which is hereby acknowledged, and other good and valuable consideration inrluding the benefits that will accrue to our property, do hereby GIVE, GRANT, and EXTEND tc� the said City of Grapevine, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain u v�ater line and ap.purte- nance in, upon and across land described as follows: Being a tract or parcel of land containing 29.4C acres more or less, out. of the Alex Thompson Survey, Abstract No. 1532, the C. B. McDoriald Survey, Abstract No. 1013, and the P.R. Splane Survey, Abstract No. 1453, Tarrant County, Texas. Conveyed to First Finaricial Corporation by certain Deed of Record as shown in Volume 6382, Pag2 263, Deed Records of Tarrant County, Texas. Said easem��nts across this property comprising two parts, as herein desiqnated and desc:ribed, including (1) two permanent easements-one which is 7.5 feet wide and one whicn is 15 feet wide-for construction, recor.struction and perpe�uall� maintai.ning a wat�r lin� with appurtenances and (l) ar� additional �rea adjacent to ttze permanent easement to be used for initial cor�struction. PART 1. PERMANENT EASEMENT-Tract 1 Beginning at a point for northeast corner of said tract that bears south 59° 23' 39" west a distance of 251.42 feet from DallasfFort Worth Regior.al Airport Monument No. 50 said beginning point also being the most northerly corner of said 29.40 acre tract; Thence south 30° 18' east a distance of 413.67 feet alvrig the northeast line of said tract to a point for property cor;ier; ' Thence south 59° 42' west a distance of_ 7.5 feet along the southeast property '� line of said tract; Thence north 30� 18' west a distance of 413.67 feet parallel to and 7.5 feet from the northeast line of sai� tract to a �>oint; Thence north 59° 23' 39" west, a distance of 7.5 feet more or less to the true poirit of beginning. PART :L. PERP�IVENT EASEMENT-Tract 2 Commencing at a point for northeast corner af said tract that bears south 59° 23' 29" west a distance of 251.42 feet from Dallas/F'ort Worth Regional Airport Monument No. 50, said beginning point also being the most nortllerly corner of said 29.40 acre tract.; The�:ce south 30° 18' east, a distarice of 47.3.67 feet to a poirit for property corner; Thence south 59� 42' west along the southea:>t line of saica tract, a distance of 7.5 feet to the true point of beginning; ThEnce south east line of sa�d t:ract a distance of ;???.� f_e�t to the most sout�herl,� � ` southeast corner of said trar.t; ! Ther�ce north 30� 1�3' c�ast a distance of ].5 f-�.c;t a1onq se-,t;thw�:�t: line of :�ai.d tract; kl�:a+' Thence north 59° 42' east, parallel to ar�d 15 feet from the scutheast l�..ie of said tract, a distance ef 292.8 feet to a ��oint; Thence south 30° 18' east a �3istance of 15 feet i�o the tr.ue point of beginriing. PART 2. CONSTRUCTION EASLM�'NT In addition to the perman�nt easement as descri'.�ed, �;rant�or �urther aqreecl to allow initial construction easement 30.0 fee�t in wirlth, parallE,�7_ aizd adjacent to p�rmanent