R345RESOLUTION NO. 345
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS
AUTHORIZING LEGAL COUNSEL TO PROCEED WITH
CONDEMNATION OF A PORTION OF LOT 1A, BLOCK 1, THE
WOODLANDS, AN ADDITION TO THE CITY OF KENNEDALE,
TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED
IN VOLUME 388 -163, PAGE 24, PLAT RECORDS, TARRANT COUNTY,
TEXAS; SAID AREA BEING OWNED BY PARVANE RASHIDI - BIRGANI
(A/K/A PARVANE RASHIDI- BIRGANIA), ACCORDING TO THE DEED
RECORDED AS INSTRUMENT NO. D204109186, DEED RECORDS,
TARRANT COUNTY, TEXAS, FOR A PUBLIC ROADWAY AND /OR
OTHER PURPOSES PERMITTED BY LAW
WHEREAS, the City of Kennedale ( "the City ") desires to acquire fee simple title
to the property described below in order to construct certain municipal improvements,
specifically a public roadway and /or other public purposes permitted by law, in order to
serve existing and future developments in the City and the citizens of the City; and
WHEREAS, the City made an initial offer to the property owner to purchase the
said property; and
WHEREAS, the City has provided to the property owner a copy of the Land
Owner's Bill of Rights, as required by law; and
WHEREAS, the City and the owner of the said property have been unable to
reach an agreement on the acquisition of this property; and
WHEREAS, the City Attorney has been authorized to make a final offer to the
property owners in the amount of the appraised value of the property; and
WHEREAS, the City Council now deems it necessary to authorize the City
Attorney to initiate condemnation proceedings in order to acquire fee simple title to such
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
The City Council of the City of Kennedale, Texas, hereby finds and determines
that the recitals made in the preamble to this Resolution are true and correct, and
incorporates such recitals herein.
SECTION 2.
Page 1
The City Council of the City of Kennedale, Texas, hereby finds and determines
that a public necessity exists for the City of Kennedale, Texas to acquire approximately
0.037 acre tract of land as described and depicted on the attached Exhibits "A" and "B"
for a public roadway and /or other public purposes permitted by law.
SECTION 3.
Upon expiration of the final offer to purchase the property, the City Manager and
City Attorney are authorized to comply with the statutes of the State of Texas with
reference to the necessary legal prerequisites existing or relating to the exercise of
eminent domain to appropriate said property for the purpose of a public roadway and /or
other public purposes permitted by law.
SECTION 4.
The owner claiming an interest in said property is Parvane Rashidi - Birgani (a /k/a
Parvane Rashidi - Birgania) whose mailing address is 9611 Custer Rd., Apt. 2321, Plano,
Texas 75025 and 4701 Charles Place, Apt. 222, Plano, Texas 75093 -7470.
SECTION 5.
The City Council finds that such acquisition in this condemnation action is
necessary in order to serve the public health, safety and welfare.
PASSED, APPROVED and EFFECTIVE this 11 day of November, 2010.
Mayor, Bryan Lankhorst
ATTEST:
j _..
Wayne Olson, City Attorney
Page 2
EXHIBIT "A"
Being a 0.037 of an acre tract of land and being a portion of Lot 1A, Block. 1, The
Woodlands, an addition to the City of Kennedale, Tarrant County, Texas, shown by
plat recorded In Volume 388 -163, page 24, Plat Records of Tarrant County, Texas,
described to Parvane Rashidl- Birganla, by deed recorded as Instroment No.
D204109186, Deed Records of Tarrant County, Texas, and being more particularly
described by metes and bounds as follows.
BEGINNING at a 1/2 Inch iron rod found at the southeast corner of said Lot 1A, at the
Intersection of the west right of -way line of Lillie School Road, also known as County
Road No. 2013 (a varlable width right -of -way) and the north right -of -way line of
Woodland Court (60' rtght-of -way);
THENCE South 69 °38'56" West, with the north right -of -way line of Woodland Court, a
distance of 14.27 feet to a 518 inch capped Iron rod stamped °TNP° set for corner, from
which a 112 inch iron rod found at the southwest corner of Lot 1 B of said Block 1 bears
South 89 °39'56" West, 79.66 feet;
THENCE; North 00 °21'16" West, over and sorpss Bald Lot 1A, a distance of 101.04 feet
to a 618 Inch capped Iron rod stamped "TNP" set for comer at the beginning of a curve
to the left, having a radius of 966,00 feet and a chord that bears North 00 °46'48" West,
14.27 feet;
THENCE~ northerly, along said curve to the left, an am length of 14.27 feet to a 618 inch
capped Iron rod stamped •TNP' set for corner on the north line of said lot 1A, same
being the soulh line of et tract of land described to Rashad Elqutob by deed recorded
as Instrument No, D208376872, in said Deed Records;
THENCE North 89 1 39'56" East, with said line, a distance of 13,50 feet to the northeast
corner of said Lot 1A, on the west right -of -way line of said Little School Road, from
which an Iron plpefound at the southeast corner of Bald Elqutob tract bears North
89 °30'55" East, 10.01 feet;
THENCE South 00 least, with sold west right -of -way tine, a distance of 115,32
feet to the POINT OF BEGINNING and containing 0,037 of an acre of land, mor$ or
less.
PRELIMINARY, THIS DOCUMENT
SHALL NOT BE RECORDED FOR
ANY PURPOSE
DATE=; January 7, 2010
Ricky L. Gentry, R.P.L.S.
Texas Registration No. 5518
Notes:
1. Bearings and coordinates showahereon ato based upon
the Texas StatePlam Coordinate System (NAD83; COPS96)
Epoch 2002.00 Texas Korth Central Zone,
2, Tntegrai parts oftlus siuvoy:
A. Legal Deserlptlons
B. Sketch
PARCE04 Sheet of
n
EXHIBIT "B„
I '0 �t
RASNAD I LQl1TO8
INST. No. D208376872
/ D.R.T.C.T.
(a0' RAW.)
1. Bearings shoTm hereon are based upon the Texas
State Plane Coordinate System ((NAD831 CORSg0)
Epoch 2002.00 Texas North Cenirol Zone,
2. Integral Ports of this survey'.
a. Legal Description
b, Sketch
e L. entry, R.#'.L.S. r1
Texas Reglstrat(on No. 5519
January 7, 2010
Dote
GREENFIELD COURT
(e0' R.O.W.)
1
1 LOT 4
1 �
O
i 12
3�� a
�I LOT 3
L/ 4
w
z
4 v
f 1
N HILLOALECADD)TION
VOL. 308-11, PG. 22
P.RXAT,
i
I LOT 2
I
I
LOT 1
0 15 30 60
SCALE; 1" — 30'
EXHIBIT SHOWING
0.037 ACIRE
sa ..ttn A portion of Lot 1A, Block
FOM L CDMY'"" The Woodlands, an addition
the City of Kennedale
r
Tarrant County, Texas
,Iw rx
.RAC M�AND PERKINS
Civil Engineering I Surveying I Landscape Architecture I Planning
A— � /Ne. 7140 Macon Strea4 Fo« WM4 7X 76102
1,
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OF
N89`39'55 "E 18.50' Ra
10.01E
7.5' t1TIL. ES1AT.
_ R =980,00' s/a`ks
l
1 f L= 1.4 °27' ;' l
I CH= 14.27'
C' =N " W
LOT 18 LOT to + w
� tti
BLOCK 1' ~ v
T E WOODLANDS
VOL. M - 163, PO. 24 �
I P,R.T.C.T.
T V � T1Q
N
11
�.',.t fn p
z zo
1 I "
° TNP`•
k S $9'39 55" 5Y 78T$6' bJe'CUZs f '
S89'39'45 "W 14.27' `'
i
POINT OF
BEGINNING
WOQ3ZWOU" COURT
(a0' RAW.)
1. Bearings shoTm hereon are based upon the Texas
State Plane Coordinate System ((NAD831 CORSg0)
Epoch 2002.00 Texas North Cenirol Zone,
2. Integral Ports of this survey'.
a. Legal Description
b, Sketch
e L. entry, R.#'.L.S. r1
Texas Reglstrat(on No. 5519
January 7, 2010
Dote
GREENFIELD COURT
(e0' R.O.W.)
1
1 LOT 4
1 �
O
i 12
3�� a
�I LOT 3
L/ 4
w
z
4 v
f 1
N HILLOALECADD)TION
VOL. 308-11, PG. 22
P.RXAT,
i
I LOT 2
I
I
LOT 1
0 15 30 60
SCALE; 1" — 30'
EXHIBIT SHOWING
0.037 ACIRE
sa ..ttn A portion of Lot 1A, Block
FOM L CDMY'"" The Woodlands, an addition
the City of Kennedale
r
Tarrant County, Texas
,Iw rx
.RAC M�AND PERKINS
Civil Engineering I Surveying I Landscape Architecture I Planning
A— � /Ne. 7140 Macon Strea4 Fo« WM4 7X 76102
1,
t0
OF