R344RESOLUTION NO. 344
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS
AUTHORIZING LEGAL COUNSEL TO PROCEED WITH
CONDEMNATION OF A PORTION OF LOT 1A, BLOCK 2, 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 JOSE REFUGIO ESTRADA
AND WIFE, ANNA L ESTRADA (A /K/A ANA L. ESTRADA),
ACCORDING TO THE DEED RECORDED IN VOLUME 12628, PAGE
1810, 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 owners to purchase the
said property; and
WHEREAS, the City has provided to the property owners a copy of the Land
Owner's Bill of Rights, as required by law; and
WHEREAS, the City and the owners 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
0.040 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 owners claiming an interest in said property are Jose and Anna L Estrada
(a /k /a Ana L. Estrada) whose mailing address is 6614 Whisper Crest Drive, Arlington,
Texas 76002 -3659.
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 11th day of November, 2010.
Mayor, Bryan Lankhorst
ATTEST:
Kelly Cooped, Interim j9ity Secretary
Wayne Olson, City Attorney
Page 2
IMR1bYT "XI
4,
Being a 0,040 of an acre tract of land and being a portion of Lot 1A, Block 2, The
Woodlands, an addition to the City of Kennedale, Tarrant County, Texas, shown by
plat recorded in volume 388 -163, Rage 24, Plat Records of Tarrant County, Texas,
described to Jose Refu910 Estrada and wife, Ana L. Estrada, by deed recorded in
Volume 12628, Page 1810, Deed Records of Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 112 inch Iron rod found at the southeast corner of said Lot 1A, same
being the northeast comerof Lot 1, Biock 1, Williamsburg Squar ga i , an addition
to the City of Kennedale, Tarrant County, Texas, shown by plat
388.170, Page 81, in said Plat Records, on the west right -of -way line of Little School
Road, also known as County Road No. 2013 (a variable width right -of -way);
THENCE South 89 °40'28 West, with the common line of said Lot 1A and said Lott, a
distance of 15.51 feet to a 6/8 inch capped iron rod stamped "TNP° set for corner;
THENCE North 00 °21`15" West, over and across said Lot 1A, a distance of 114.69 feet
to a 518 inch capped Iron rod stamped "TNP" set for corner on the north line of said Lot
1A, same being the south right -of -way line of Woodland Court (50' right -of -way);
THENCE feet o a 6/8 I Inch 8 nrod�found at the northeast r co t rner of said Lot distance
the w s64
right -of -way line of said Little School Road;
THENCE South 00 °4716" East, with said west right- of-way line, a distance of 114,69
feet to the POINT OF BEGINNING and containing 0.040 of an acre of land, more of
less.
sxas a�y. Gentry, R.P,L,Sf
b Registration No. 6519
DATE: November 11, 2009
Notes;
1. Bearings and coordinates shown hereon are based upon
the Texas State Plane Coordinate System (NAU83; CORS96)
ypoch2002,00 Texas North Central Zone.
2, integrahparts of this survey:
A, Legal Descriptions
B. Sketch
PARCEL30 Sheet 1 oft
1
EXHIBIT "B'"
I
LOT 1A, BLOCK 1
THE WOODLANDS R.a.4Y. dED1cAT10N
LOT 1B VOL, 388 -163, PG. 24
�1 P.R,T.C.T. VOL, 388 -163, PG. 24
�✓ P.R.T.C.T. i
pta
WOODLAND COURT ; LOT 2
(50'
14.F4 `
989'39'55 "Vr — 79,72' <,\� BLOCK 2 51 HILLOAtE ADDITION
VOL. 388 --11, PO. 22
pp P.R.T.C:C,
LOT 1 B LOT to j i LOT i
M ara
to pNC4
o �; d a
to
1 0,a
�f-7 gin
N tee•
W' SHADY OAKS DRIVE
BLOCK 2
THE WOODLANDS �
VOL. 388 -•153, PG. 24 a ;
P.R.T.C,T,
7.5 U.E.
7.5' U.E. 6(mcuts
� POINT OF z
— ...._.._............_.._... —. S8S 40 ' 28 W
BEGINNING xEc'
LOT 1, BLOCK 1 m�~�
VlILLIAMSOURO SQUARE ADDITION i
VOL, 388 -170, PG. 81
. n on
R.O.W. DEDICATION 9
VOL. 388 --170, PG. 81
P,R.T.D,T
NOTES:
1. Bearings shown hereon ore based upon the Texas
State plane Coordinate System (NAD83: CORS96) 0 1 i 30 80
Epoch 2002.00 Texas North Cen ttrol Zeno,
2. Integral parts of this survey.
a. Legal Description SCALE: 1" 30'
b, Sketch
EXHIBIT IIBIT SHONI A
0. ,
f ��'�G`fidga A portion of Lot 1A, Block 2
R 1cky � Gentry, R.P.L.. Q
Texas Re9[stration No, 5519 "r'PoCxrU.Y " "' The Woo dlands, a n addition
"y "" ...... to the City of Kennedale
November 11 2009 '� 5519 ,,FYg
FCSRv ���e Tarrant County, Texas
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00a^_9tr7 SHEET 2 OF 2-