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Home My WebLink AboutItem 07 - Ruth Wall StreetITEM 0 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER #11 MEETING DATE: SEPTEMBER 4, 2001 SUBJECT: TAKING RESOLUTION — RUTH WALL STREET RIGHT-OF- WAY RECOMMENDATION: City Council consider adopting a taking resolution authorizing the City Staff to pursue eminent domain proceedings relative to the right-of-way acquisition in the northwest corner of Ruth Wall Street and Wildwood Drive, and take any necessary action. FUNDING SOURCE: Funds are currently available in TIF Funds Account Number 173-48899-0003. BACKGROUND: Staff has submitted first and final offers at the appraised value of $ 4,575.00 to the property owners for the acquisition of 0.105 acres of right-of-way from the property in the northwest corner of Ruth Wall Street and Wildwood Drive. This is an undeveloped tract of land consisting of 1.35 acres. We received no response from the initial offer and anticipate no further response from the final offer. The right-of-way is needed to construct the Ruth Wall Street improvements associated with the Opryland Hotel development. Staff recommends approval. JSL/dsm 0:\agenda\090401 \RW_Taking_Resolution.agm August 29, 2001 (2:32PM) RESOLUTION NO. a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF ACQUIRING FEE SIMPLE TITLE OF THE HEREINAFTER DESCRIBED PROPERTY AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION TO BE USED IN CONNECTION WITH THE RE -CONSTRUCTION AND WIDENING OF RUTH WALL STREET; 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 acquisition of the fee simple title of certain property for the re -construction and widening of Ruth Wall Street 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" (the Property), 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 of said Property, the Director of Public Works or such employee as he may designate, is hereby authorized and directed to offer the sum of Four Thousand Five Hundred Seventy Five Dollars ($4,575.00) for the hereinafter described Property as payment for fee simple title of said Property and all improvements thereon, which amount represents the fair cash market value of said Property to be acquired. Section 3. That the City of Grapevine determines it necessary to appropriate fee simple title to said Property for the purpose of re -construction and widening of Ruth 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 is as follows: Owner: Richard Ernest Walther & Viola Walther Section 5. That in the event the property owner accepts the offer made as authorized herein, the Director of Finance be and is hereby authorized to draw a warrant in favor of the above named, in the amount of Four Thousand Five Hundred Seventy Five Dollars ($4,575.00). This sum represents compensation for the fee title to the property and all improvements. 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 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 compensation 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 the person 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 4th day of September, 2001. QW010MOMM ATTEST: RES. NO. 2 Pill APPROVED AS O' • A 0.105 Acre Tract of Land in the A. F Leonard Survey, Abstract # 946, City of Grapevine, Tarrant County, Texas being a portion of that certain 1.35 Acre Tract of Land Described in Deed to Richard Ernest Walther and Wife, Viola Walther, Recorded in Volume 2746, page 469, Deed Records of Tarrant County, Texas. RES. NO. 4 EXHIBIT "A" Stu 0.105 ACRES RIGHT OF WAY DEDICATION BEING A 0.105 ACRE TRACT OF LAND SITUATED IN THE A.F. LEONARD SURVEY, ABSTRACT NO. 946, CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 1.35 ACRE TRACT OF LAND DESCRIBED IN DEED TO RICHARD ERNEST WALTHER AND WIFE, VIOLA WALTHER AS RECORDED IN VOLUME 2746, PAGE 469 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.). BEARINGS ARE BASED ON GPS CALIBRATION TO CITY OF GRAPEVINE HORIZONTAL CONTROL MONUMENTS NO. 1,2,5,6 AND 7. SAID 0.105 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. BEGINNING AT A C.O.E. BRASS MONUMENT FOUND IN THE OCCUPIED WEST RIGHT-OF-WAY LINE OF RUTH WALL ROAD (A VARIABLE WIDTH R -O -W), SAID MONUMENT BEING THE NORTH CORNER OF SAID 1.35 ACRE TRACT, COMMON WITH THE EASTERN MOST SOUTHEAST CORNER OF THAT CERTAIN 145.70 ACRE TRACT OF LAND (DESIGNATED A-20) ACQUIRED BY THE UNITED STATES OF AMERICA AND DESCRIBED IN FINAL JUDGEMENT AS TO TRACT A-20 (CIVIL NO. 2177) RECORDED IN VOLUME 3065, PAGE 541, (D.R.T.C.T.); THENCE S 00°14'21" E, ALONG THE OCCUPIED WEST RIGHT-OF-WAY LINE OF RUTH WALL ROAD, A DISTANCE OF 273.21 FEET TO A FENCE POST FOUND MARKING THE SOUTHEAST CORNER OF SAID 1.35 ACRE TRACT; THENCE S 88038'49" W, ALONG THE OCCUPIED NORTH RIGHT-OF-WAY LINE OF WILDWOOD LANE (VARIABLE WIDTH R -O -W), A DISTANCE OF 37.43 FEET TO A 5/8 INCH IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER; THENCE ON, OVER AND ACROSS SAID 1.35 ACRE TRACT THE FOLLOWING FIVE (5) CALLS: N 44°05'04" E, A DISTANCE OF 28.18 FEET TO A 5/8 INCH IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER; N 00019'09" W, A DISTANCE OF 75.18 FEET TO A 5/8 INCH IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05055'46", A RADIUS OF 1035.00 FEET, A LONG CHORD THAT BEARS N 02°38'45" E, A CHORD LENGTH OF 107.06 FEET, AN ARC DISTANCE OF 107.11 FEET TO A 5/8 INCH IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER; 1:193320901 \,S URNS DATAl209 EXO l 5.DOC 5119101 ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 02002'18", A RADIUS OF 965.00 FEET, A LONG CHORD THAT BEARS N 04°35'29" E, A CHORD LENGTH OF 34.33 FEET, AN ARC DISTANCE OF 34.33 FEET TO A 5/8 INCH IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER; N 44°39'52" W, A DISTANCE OF 26.68 FEET TO A 5/8 IN91-1 IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER IN THE NORTHWEST LINE OF SAID 1.35 ACRE TRACT COMMON WITH SAID145.70 ACRE TRACT A-20; THENCE N 56039'37" E, ALONG SAID COMMON LINE, A DISTANCE OF 33.71 FEET, TO THE POINT OF BEGINNING AND CONTAINING 0.105 ACRES OF LAND, MORE OR LESS. aro: L\98220901 \S UR\S DATA\209 EX015.DOC 5/18/01 1 "=40' :. C) RICHARD ERNEST WALTHER O AND WIFE VIOLA WALTHER VOLUME 2746, PAGE 469 :::;:; N = D.R.T.C,T. L.i _! D=05'55 46 R=1035.00 L=107.1 1' .1 :: o _ cn BRG=NO2*38'45"E ;y-:;::: F— CLEN=1 07.06' ::::; ::D Q ROBERT W. BRUNSON cr- > VOLUME 11114, PAGE 1113 C.I.R. S. :ic ::. D.R.T.C.T. LJ A.F. LEONARD SURVEY :::::' Z ABSTRACT NO. 946 Z ' z X ( G.F. MARTIN SURVEY w ABSTRACT NO. 1003 Li cl z Z N44.05''04"E J 28.18' OF W EXISTING FENCE FENCE I �.�Q.• �G15T �9�•�Qs .................. C.I.R.S. POST ::::37.43,;:::: FOUND ... ........... S88'38'49"W I .......BODE. WILDWOOD LANE � VARIABLE WIDTH RIGHT-OF-WAY BEARINGS ARE BASED ON GPS CALIBRATION TO CITY OF GRAPEVINE HORIZONTAL CONTROL MONUMENTS NO. 1,2,5,6 AND 7. C.I.R.'S.= 5/8 IRON ROD SET CAPPED CARTER BURGESS DATE: 5/1/01 EXHIBIT ClBr, HEET SCALE: 1'-40' RIGHT OF WAY DEDICATION Carter.- SUrgess DRAWN BY: ORO OUT OF THE CARTER & BURGESS, INC. A.F. LEONARD SURVEY, ABSTRACT NO. 946 7950 ELMSROOK OWE. SUrTE 250 IN THE DALLAS. TX 75247-4961 CHECKED BY; CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS (214) 638-0145 C.O.E. UNITED STATES OF AMERICA +-'l+� BRASS I MONUME T CORPS OF ENGINEERS Kj� , FOUND FINAL JUDGEMENT AS TO TRACT A-20 VOL. 3065, PG. 541 �� .:.;:::: POINT 01 D.R.T.C.T. BEGINNIN 5tin ��'-5 21.32' DEED LINE /N65'03'10"W D=02'37'56" I R=965.00' L=44.33' C.I.R.S. / BRG=N04' 17'40"E:: CLEN=44.33' 1 "=40' :. C) RICHARD ERNEST WALTHER O AND WIFE VIOLA WALTHER VOLUME 2746, PAGE 469 :::;:; N = D.R.T.C,T. L.i _! D=05'55 46 R=1035.00 L=107.1 1' .1 :: o _ cn BRG=NO2*38'45"E ;y-:;::: F— CLEN=1 07.06' ::::; ::D Q ROBERT W. BRUNSON cr- > VOLUME 11114, PAGE 1113 C.I.R. S. :ic ::. D.R.T.C.T. LJ A.F. LEONARD SURVEY :::::' Z ABSTRACT NO. 946 Z ' z X ( G.F. MARTIN SURVEY w ABSTRACT NO. 1003 Li cl z Z N44.05''04"E J 28.18' OF W EXISTING FENCE FENCE I �.�Q.• �G15T �9�•�Qs .................. C.I.R.S. POST ::::37.43,;:::: FOUND ... ........... S88'38'49"W I .......BODE. WILDWOOD LANE � VARIABLE WIDTH RIGHT-OF-WAY BEARINGS ARE BASED ON GPS CALIBRATION TO CITY OF GRAPEVINE HORIZONTAL CONTROL MONUMENTS NO. 1,2,5,6 AND 7. C.I.R.'S.= 5/8 IRON ROD SET CAPPED CARTER BURGESS DATE: 5/1/01 EXHIBIT ClBr, HEET SCALE: 1'-40' RIGHT OF WAY DEDICATION Carter.- SUrgess DRAWN BY: ORO OUT OF THE CARTER & BURGESS, INC. A.F. LEONARD SURVEY, ABSTRACT NO. 946 7950 ELMSROOK OWE. SUrTE 250 IN THE DALLAS. TX 75247-4961 CHECKED BY; CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS (214) 638-0145