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R342RESOLUTION NO. 342 A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING LEGAL COUNSEL TO PROCEED WITH CONDEMNATION OF LOT 4A, BLOCK 1, WILLIAMSBURG SQUARE ADDITION, AN ADDITION TO THE CITY OF KENNEDALE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388 -170, PAGE 81, PLAT RECORDS, TARRANT COUNTY, TEXAS; SAID AREA IS DESCRIBED TO REZA MALEKI, ACCORDING TO THE DEED RECORDED AS INSTRUMENT NUMBER D206239627, DEED RECORDS, TARRANT COUNTY, TEXAS, FOR A PUBLIC ROADWAY ANDIOR 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 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. 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 0.036 acre tract of land in fee and approximately 0.017 acre tract of land in a utility W:1 Keimedale AT .ittleSchoolValeldlResolutionNo 342 Condemnation - Malel i Property Nov 2010 L .doc Page 1 easement as described and depicted on the attached Exhibits "A" through "D" for a public roadway and /or other public purposes permitted by law. SECTION 3. 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 Reza Maleki whose mailing address is P.O. Box 121112, Arlington, Texas 76012. 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 15;711 day of J��CC���✓�� 2010. a�4t La"f't Mayo"r, Bryan Lankhorst 0 Kelly Coop, Acting (;Ity Secretary W: \Kennedal ellittleSchool llvlaleki\ResoiutionNo 342 Condemnation - Maleki Property Nov 2010 >_..doc Page 2 EXHIBIT "A" RIGHT -Or -WAY Being a 0.036 of an acre tract of land and being a portion of Lot 4, Block 1, Williamsburg Square Addition, an addition to the City of Kennedale, Tarrant County, Texas, shown by plat recorded in Volume 388 -170, Page 81, Plat Records of Tarrant County, Texas, described to Reza Maleki by deed recorded as Instrument No. 0206239627, 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 most easterly northeast corner of said Lot 4, same being the southeast corner Lot 1 of said Block 1, on the west right -of -way line of Little School Road also known as County Road No. 2013 (a variable width right - of -way), from which a 1/2 inch iron rod found at the northeast corner of said Lot 1 bears North 00 °48'23" West, 135.89 feet; THENCE South 00 °48'23" East, with said west right -of -way line, a distance of 135.73 feet to the southeast comer of said Maleki tract, same being the most easterly northeast corner of a tract of land, which is also a portion of Lot 4, described to Robert W. Bass and wife, Joann Bass by deed recorded in Volume 11289, Page 554, of said Deed Records; THENCE South 89 °40'28" West, with the common line of said Maleki tract and said Bass tract, a distance of 17.65 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner; THENCE North 00 °21'15" West, along the proposed westerly right -of -way line of Little School Road, a distance of 21.46 feet to a 518 inch capped Iron rod stamped "TNP" set for corner; THENCE North 89 °40'28" East, continuing with said proposed right -of -way line, a distance of 6.50 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner; THENCE North 00 0 21'15" West, continuing with said proposed right-of-way line, a distance of 114.26 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner on the common line of said Lot and said Lot 1; THENCE North 89° 40'28" East, along said common line, a distance of 10.08 feet to the POINT OF BEGINNING and containing 0.036 of an acre of land, more or less. PRELIMINARY —THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. DATE: October 18, 2010 Stephen H. Roberson, R.P.L.S. Texas Registration No. 4090 Notes: 1. Bearings and coordinates shown hereon are based upon the Texas State Plane Coordinate System (NAD83; CORS96) Epoch 2002.00 Texas North Central Zone. 2. Integral parts of this survey: A. Legal Descriptions B. Sketch PARCEL 28 row Sheet I of EXHIBIT "B" RIGHT- -OF --WAY I I I 1 BLOCK 2 THE WOODLANDS VOL, 388 -163, PG. 24 a P.R.T.C.T. Q LOT 4A LOT 31 LOT 3A LOT 26 LOT 2A LOT 1B LOT 1A — — - - -- ' - - - - -- ;o I o,:rz LOT 1 (PORTION OF LOT 4) I :z ROBERT W. BASS & BLOCK 1 I;o ' WIFE, JOANN BASS I WILLIAMSBURG SQUARE ADDITION VOL. 11289, PG. 554 VOL. 386 -170, PG. 81 ro.� D.R.T.C.T. P.R.T.C.T. a . 1� POINT OF BEGIN NIN I z O N89'40'2 8 E ° a w 10.08' a \ �y H 3� M (PORTION OF LOT 4) u: Ig; REZA MALEKI ' "'' to BLOCK 1 INST, No. D206239627 _' M — WILLIXMSBURG SQUARE ADDITION — D.R.T.C.T. ^�'�' ? "' OL. 388 -170, PG. 81 \ tn P.R.T.C.T. _ N W N b ,!'c N N89.40'2�8 "E z # b d c� I 650 ; N .ep 8$9'40'28 "W — 159.82' NN 17.65' — — — — `? 8$'40'28 "W 0 25 50 100 D 0� 'ov SCALE: 1" = 50' 9�95aJp�QG 6{ E RG ' N .(. T. c NOTES: 1. Bearings shown hereon are based upon the Texas State Plane Coordinate System (NAD83; CORS96) Epoch 2002.00 Texas North Central Zone. 2. Integral parts of this survey. a. Legal Description b. Sketch PRELIMINARY — THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE, Stephen H. Roberson, R.P.L.S. Texas Registration No. 4090 October 18, 2010 Date: i PORTION OF LOT 4 KENNEDALE ASSEMBLY OF GOD, A NON— PROFIT ORGANIZATION VOL. 14470, PG. 277 D.R.T.C.T. ;z .o •ra i Uor; K �y :o I > EXHIBIT SHOWING 0.036 ACRE A portion of Lot 4, Block 1, Williamsburg Square Addition, an addition to the City of Kennedaie, Tarrant County, Texas Civil Eng ineering TEAGUE eylYAUAND PERKINS /NC. 7100 Macon Street, Fort Worth, TX 76102 /a171 z3A'— A,'773 SHEET 2 OF 4 EXHIBIT i°C" UTILITY EASEMENT Being a 0.017 of an acre tract of land and being a portion of Lot 4, Block 1, Williamsburg Square Addition, an addition to the City of Kennedale, Tarrant County, Texas, shown by plat recorded in Volume 388 -170, Page 81, Plat Records of Tarrant County, Texas, described to Reza Maleki by deed recorded as Instrument No. D206239627, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found at the most easterly northeast corner of said Lot 4, same being the southeast corner Lot 1 of said Block 1, on the west right -of- way line of Little School Road also known as County Road No. 2013 (a variable width right -of -way), from which a 112 inch iron rod found at the northeast corner of said Lot 1 bears North 00 °48'23" West, 135.89 feet, THENCE South 89 West, a distance of 10.08 feet to a 5/8 inch capped iron rod stamped "TNP" set for the westerly proposed right -of -way line of Little School Road and the POINT OF BEGINNING; THENCE South 00 °21'15" West, a distance of 114.26 feet to a 518 inch capped iron rod stamped "TNP" set for the westerly proposed right -of -way line of Little School Road; THENCE South 89 °39'40" West, a distance of 6.50 feet to a 5/8 inch capped iron rod stamped "TNP" set for the westerly proposed right -of -way line of Little School Road; THENCE North 00 °21'15" West, a distance of 114.26 feet to a point in the common line of said Lot 4 and said Lot 1; THENCE North 89° 40'28" East, along said common line, a distance of 6.50 feet to the POINT OF BEGINNING and containing 0.017 of an acre of land, more or less. PRELIMINARY —THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE Stephen H. Roberson, R.P.L.S. Texas Registration No. 4090 DATE: October 18, 2010 Notes: 1. Bearings and coordinates shown hereon are based upon the Texas State Plane Coordinate System (NAD83; CORS96) Epoch 2002.00 Texas North Central Zone. 2. Integral parts of this survey: A. Legal Descriptions B. Sketch PARCEL 28 utility easement Sheet 3 of 4 EXHIBIT "D" UTILITY EASEMENT i f I BLOCK 2 THE WOODLANDS VOL. 388 -163, PG. 24 P.R.T.C.T. — — r LOT 4A LOT 3B _ LOT 3A LOT 28 I LOT 2A LOT 1 B LOT 1 A — 0 :.Q _ 7.S — ai --------- --- - -- - - - - -- 7.5' U _ E. --- - - - - -- :p I m.z 1 I Y:V I•z (PORTION OF LOT 4) I / 2 : ROBERT W. BASS & LOT 1 v C41 WIFE, JOANN BASS / Co t° VOL. 11289, PG. 554 D.R.T.C.T. / 0:0 s IZ:z BEGI NING Q I UTILITY E$M'T. F 0J � — — N8 9'40'28 "E 6.50'A< ` POINT OF �, 3 R• :COMMENCING UTILITY ESM'r. 0 I S89.40'28 "W NI MN 10.08 W �fzf ( ) PORTION OF LOT 4 t lw ~ O r). REZA MALEKI INST. No. D206239627 w : .A o t D.R.T.C.T. Q o 'IN [' Q N d O 65 v ' ° o I Z� N id: U m I o. S89'39'4 0 "W $89'40'28 "W — 177.47' 0 25 50 100 SCALE: 1" = 50' ` - z i PORTION OF LOT 4 I a IL KENNEDALE ASSEMBLY OF GOD, I 2's A NON — PROFIT ORGANIZATION VOL. 14470, P0. 277 NOTES: D.R.T.C.T. M a 1. Bearings shown hereon are based upon the Texas : ° a State Plane Coordinate System (NAD83; CORS96) y Epoch 2002.00 Texas North Central Zone. 2. Integral parts of this survey. a. Legal Description b. Sketch PRELIMINARY — THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE, Stephen H. Roberson, R.P.L.S. Texas Registration No. 4090 October 18, 2010 Date: EXHIBIT SHOWING 0.017 ACRE A portion of Lot 4, Block 1, Williamsburg Square Addition, an addition to the City of Kennedole, Tarrant County, Texas Civil EngT s urv ey ing PERKI N S nning 1100 Macon Street, Fort Worth, TX 76102 /R1 'X. - 4Ffi - SHEET 4 05 4