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HomeMy WebLinkAboutCity Council Resolutions (R-11-3428)-11/21/2011RESOLUTION R-11-3428 A RESOLUTION AUTHORIZING NEGOTIATIONS AND OFFERS FOR THE ACQUISITION OF REAL PROPERTY WHEREAS, the City Council has pursuant to its Home Rule Charter Authority and State law determined the necessity for the acquisition of certain real property as described in Exhibit "A" (the "Property") for street improvements and general utility purposes as part of the John McCain Road and Pleasant Run Road intersection improvements; and WHEREAS, the City Council has determined that the acquisition of the Property is necessary and convenient to meet the public purpose of constructing street and general utility improvements; and WHEREAS, the City's agents have negotiated in good faith with the owners of the Property but have been unable to agree on the price to be paid for such Property; and WHEREAS, all legal prerequisites for the approval of this Resolution have been met, including but not limited to the Open Meetings Act and the Property Code; and WHEREAS, the City Council hereby determines that the approval of this Resolution is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT City staff or their designee is hereby authorized and directed to continue negotiations and make an offer or offers for the Property to the owner if a mutually agreeable purchase price cannot be reached. Sec. 3. THAT in the event that a final offer as described in Section 2 is refused by the owner of the Property, the City Attorney is hereby authorized and directed to file the necessary eminent domain proceedings or suit and take whatever action that may be necessary against the owner to acquire the Property for the public purpose of street and utility improvements. Sec. 4. THAT if it should be subsequently determined that additional parties have an interest in the Property, then in that event the City Attorney is authorized and directed to join said parties as Defendants in said eminent domain proceeding. Resolution R-11-3428 Page 2 of 2 Sec. 5. THAT in the event that any section, subsection, sentence, phrase, word, term condition or obligation requirement herein is held invalid, illegal or unconstitutional, the balance of this Resolution shall be enforceable and shall be enforced as if the City intended at all times to delete said invalid, illegal or unconstitutional section, subsection, sentence, phrase, word, term condition or obligation. AND IT IS SO RESOLVED. APPROVED VOTE OF ~AYES, ~NAY AND ~ ABSTENTIONS ON TH I S TH E,~~AY O F `~~7~,~f'yy~ 2011. ATTE . CITY OF COLLEYVILLE ~ ~ °~`~ ~(~~\ J~ ,~!-l~.J,-f...~-'~ ~P--~-f : ~_ ~'f / ~ ynthia Singleton, TRMC, CMC David Kelly ~ City Secretary Mayor Exhibit A ~ s. ~~~ ~ ~ VOIUME J88/117, PA~E 11 I ~~~_!__ __ ~~ ' . ~~ ~ : . ~ ~~ . b ~ : ~G~ ' ~ ~ : ~~ ~ ~ : ~ ~ ~ : rE1MWOR R.0.1~ O.et7 OF /W ACIIE ($~7s ifa : N IIQIID~IIIf 0.t0~ OF AN N:II~ (11.~OS i~a I ; ~ ~, ~!Q OF IIOA0~4Y 0.361 Of IIN ACIIE (1d,ZT2 s.f.) . ~ 5 .' • . . •.' fEDERAI H0~1E LOAN MORTCIIGE CORPORATION • . . . , D210110483 FIALL MEDUN SURV ~ : 2.002 ACRES A - 1038 _.{---- _.___~'--- ----__"( R.B. WILLIAMS SU . SURVEY UNE r I A - 1674 : ~ J . • ~ ~?. ( ; L~15.01, R~37.50' ~ .'b ~ } ~ ~ ~ ~~ f ~ .... ..... ~ ~ ~ r ~ ~ ~ ~ Y CA~22'S8 0~ ~ `~l"p~ ~ : LC.~N~ i9'03'44"E. d ~pb i ~~ ' SS~'S9'20'E 184.80' ~ ~+) ~ __ : . ~~~~ N00'00'40'E ' ~'~~~ 50.00' : ~, _ . y P.K. NAR. SET NE9'SD'57'W 265.73' I I a P.K. NAII. SET ,~ w a JOHN MCCAIN ROAD ~ ~ ~~'T ~wAY BASIS OF BEARING: UNIESS SHOMfN OTHERWISE ALL CORNERS ARE NAD 63 GRID NORTH PER OBSERVATIONS ON CfM g~8' IRONS W/CAPS SEf. Of COLLEYVlILE BENCHGARKS 34, 38 Ac 55 AND THEIR ~ PUBUSHED VALUES. PERMANENT RIGHT OF WAY HALL YEOUN SURVEY. ABSTftACT N0. 1038 R. B. WILLJAMS SURVEY. ABSTRACT N~. 1874 H. R. WALL SURVEY. ABSTRNCE NO. 1~73 ------------------------------ CITY OF COLLE~VILLE STEVE MILLER TARiiANT COUNTY. TEXAS R.P.L.S. 4224 ~"!'"M E R1/~YING, INC. ~,~-~. ~«,~. ~ ~~. Exhibit A Permanent Right of Way Being a tract of land in the Hall Medlin Survey, Abstract No. 1038, the R.B. Williams Survey, Abstract No. 1674 and the H.R. Wall Survey, Abstract No. 1973 all of Tatrant County, Texas and being a portion of that 2.002 acre tract described in a deed to Federal Home Loan Mortgage Corporarion and recorded under Tarrant County Clerk's Instrument No. D210110483. Said tract being more particularly described as follows: Beginning at a~" iron found in the northerly line of said 2.002 acre tract and also being at the northeast corner of Lot 5, Frazier Addition, an addition to the City of Colleyville as shown on the plat recorded in Volume 388/117, Page 11, Plat Records, Tarrant County, Texas; Thence N 88 degrees 56 minutes 00 seconds E with the northerly line of said 2.002 acre tract, 50.00 feet to a P.K. nail set at the northeast corner of said 2.002 acre tract and being in Pleasant Run Road; ~ Thence S 0$ degrees 24 minutes 40 seconds W with the easterly line of said 2.002 acre tract and in Pleasant Run Road, 308.92 feet to a P.K. nail set at the southeast corner of said 2.002 acre tract and being in John McCain Road; Thence N 89 degrees 58 minutes 57 seconds W with the southerly line of said 2.002 acre tract and in 7ohn McCain Road, 265.73 feet to a P.K. nail set at the southwest corner of said 2.002 acre tract; Thence N 00 degrees 00 minutes 40 seconds E with the westerly line of said 2.002 acre tract, 50.00 feet to a h" iron found at the southeast corner of Lot 4, said Frazier Estates; Thence S 89 degrees 59 minutes 20 seconds E, 189.80 feet to a 5/8" iron with cap set at the beginning of a curve to the left; Thence 15.01 feet with the arc of said curve to the left to a 5/8" iron with cap set. Said curve to the left has a radius of 37.50 feet, a central angle of 22 degrees 56 minutes 09 seoonds and a long chord which bears N 51 degrees 03 minutes 44 seconds E, 14.91 feet; Thence N 39 degrees 35 minutes 39 seconds E, 43.96 feet to a 5/8" iron with cap set; Thence N 08 degrees 28 minutes 32 seconds E, 213.71 feet to the point of beginning and containing 0.617 of an acre (26,8'75 square feet) of which 0.266 of an acre (11,603 square feet) lies within the roadways of Pleasant Run Road and John McCain Road, leaving a net area of 0.351 of an acre (15,272 square feet).