HomeMy WebLinkAboutRES 2005-024 RESOLUTION NO. 2005-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF
ACQUIRING FEE SIMPLE TITLE AND EASEMENTS
UNDER, OVER AND ACROSS THE HEREINAFTER
DESCRIBED LAND, AND AUTHORIZING ITS
CONDEMNATION AND/OR APPROPRIATION TO BE USED
IN CONNECTION WITH THE RECONSTRUCTION OF
GLADE ROAD; 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 Glade Road from State Highway 121 to State Highway 360 and the City
of Grapevine should acquire fee simple title and easements 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 Fifteen Thousand Dollars
($15,000.00) for the hereinafter described property as payment for fee simple title and full
damages allowable by law, which amount represents the fair cash market value of the
land to be acquired.
Section 3. That the City of Grapevine determines to appropriate fee simple title
and easements under, over and across said property for the purpose of reconstructing
Glade Road from State Highway 121 to State Highway 360, 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: Ellsworth D. Sallee, ETAL
Lienholder(s): None
Section 5. That in the event the property owners accept 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 Fifteen Thousand Dollars ($15,000.00) for the
property described in Exhibit "A". This sum represents compensation for the fee title
property. The total offer represents full compensation 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(s) 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 owners 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 owners 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(s), 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 17th day of May, 2005.
APPROVED:
William D. Tate
Mayor
RES. NO. 2005-24 2
ATTEST:
ceee.„eir•-•
Linda Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
RES. NO. 2005-24 3
Glade Road Improvements
Parcel 23
Ellsworth D. Sallee 'nn �5'��
G. Minter Survey, Abstract 1083 EXHIBIT.t�. TO �eS
City of Grapevine, Tarrant County, Texas Page of
EXHIBIT "A"
FIELD NOTES
BEING 4,282 square feet of land located in the G. MINTER SURVEY, ABSTRACT
1083, City of Grapevine, Tarrant County, Texas and situated in that certain tract of land
conveyed to Ellsworth D. Sallee by instrument recorded in Volume 13915, Page 113,
Deed Records, Tarrant County, Texas and further described as follows:
BEGINNING at a found 1 inch iron rod for the southeast corner of said Sallee tract and
being on the existing northerly right-of-way line of Glade Road (a variable width right-
of-way);
THENCE South 89°22'35" West along said northerly right-of-way line, 266.61 feet to a
set 5/8 inch iron rod with cap stamped "SURVCON INC" for the southwest corner of
said Sallee tract;
THENCE North 00°36'11" West along the westerly line of said Sallee tract, 16.00 feet
to a set 5/8-inch iron rod with cap stamped"SURVCON INC";
THENCE North 89°21'01" East, 266.78 feet to a set 5/8-inch iron rod with cap stamped
"SURVCON INC" on the easterly line of said Sallee tract;
THENCE South 00°00'00" West along said easterly line of said Sallee tract, 16.12 feet
to the POINT OF BEGINNING and CONTAINING a computed area of 4,282 square
feet of land.
BASIS OF BEARINGS FOR THIS DESCRIPTION AND ACCOMPANYING
EXHIBIT "B"IS THE NORTH AMERICAN DATUM OF 1983
Prepared By: SURVCON, INC.
Dated: October 27, 2004
Job Number: 717029
Page 1 of 1
S:\Survcon\Projects\7170029\Exhibits\Parcel 23 MB 10 27 04.doc
EXHIBIT "B" PARCEL
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C.) ELLSWORTH D. SALLEE w z co o
VOLUME 13915, PAGE 113 °Q w w
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D.R.T.C.T. 0 D
BLOCK 1 Ct.c•■
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16.12' >
74' N89'21'01"E 266.78' S00'00'00"W\
16.00' •
N0016'11"W'' 4,282 SQ.FT.
• S89.22'35"W 266.61' IP.O.B.(
FOUND 1 INCH
IRON ROD
GLADE ROAD
(VARIABLE WIDTH RIGHT-OF-WAY) APPROKMATE SURVEY LINE
BLOCK A
CP '44
3 4 5 $ 6 7 4 8 9
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01, $'S i?A''• . -
Ged
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GRAPHIC SCALE
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50 0 25 50
EXHIBIT SHOWING W
4,282 SQUARE FEET s
(IN FEET) G. MINTERS SURVEY, ABSTRACT 1083
F.
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
1 inch = 50 ft. SURVCON INC.
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cq
PROFESSIONAL SURVEYORS
1200 SUMMIT AVENUE, SUITE 600 i
FORT WORTH, TEXAS 76102 (817) 698-6770
ALL CORNERS ARE 5/8 INCH IRON ROD W/CAP STAMPED o
"SURVCON INC" SET UNLESS NOTED OTHERWISE
SCALE: 1' - 50' JOB f: 717029
DATE: OCTOBER 2004 F.8. /: 1
BEARINGS REFERENCED TO NORTH AMERICAN DATUM 1983 DRAWN BY: R.D.J. CAD DATE: OCTOBER 2004
CHECKED BY: J.T.M. CAD FILE: 717029 EX23.DWG 6 6