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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, t0 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