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
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ynthia Singleton, TRMC, CMC David Kelly ~
City Secretary Mayor
Exhibit A
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~ VOIUME J88/117, PA~E 11
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: N IIQIID~IIIf 0.t0~ OF AN N:II~ (11.~OS i~a
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~ ~, ~!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 : ~
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P.K. NAR. SET NE9'SD'57'W 265.73' I
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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.
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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).