Loading...
R341RESOLUTION NO. 341 A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING LEGAL COUNSEL TO PROCEED WITH CONDEMNATION OF LOTS 1, 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 NANCY A. BOZEMAN, D.V.M., ACCORDING TO THE DEED RECORDED IN VOLUME 15098, PAGE 376, 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 [nand 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 0.035 acre tract of land in fee and approximately 0.015 acre tract of land in a utility W: WennedalelLittleSchool lBozeman\ResolutionNo 341 Condemnation - Bozeman Property Nov 2010X-doe 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 Nancy A. Bozeman, D.V.M. whose mailing address is 621 little School Road, Kennedale, Texas 76060. 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 .171 day of � ' 2010. Pr May r, Bryan Lankhorst Q Kelly Cooper, Acting Ctity Secretary W:\KtrLuedale\LittleSchool\Bozeman\ResolutionNo 341 Condemnation -Bozeman Property Nov 2010 K .doc Page 2 EXHIBIT "A" RIGHT -OF-WAY Being a 0.035 of an acre tract of land and being a portion of Lot 1, 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 Nancy A. Bozeman, D.V.M. by deed recorded in Volume 15098, Page 376, 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 1, same being the most easterly northeast corner of Lot 4, 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); THENCE South 89 °40'28" West, with the common line of said Lot 1 and said Lot 4, 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; THENCE North 00 °21'15" West, with the proposed westerly right -of -way line of Little School Road, a distance of 103.20 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 South 89 0 24'37" West, 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 21' 15" West, continuing with said proposed right -of -way line, a distance of 32.72 feet to a 5/8 inch capped iron rod stamped "TNP" set for the westerly proposed right -of -way line of Little School Road, being on the north line of said Lot 1, same being the south line 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, Page 24, in said Plat Records; THENCE North 89 °40'28" East, along said common line, a distance of 15.51 feet to the northeast corner of said Lot 1, same being the southeast corner of said Lot 1A and being in the existing west right -of -way line of said Little School Road; THENCE South 00 °48'23" East, with said west right -of -way line, a distance of 135.89 feet to the POINT OF BEGINNING and containing 0.035 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 29 row Sheet 1of4 rt �Dt+i r a'mo O m =r z O m w x c -1 j m z ca N 3 o rbn'�'� 1n z� C p- oc a 2 $b v o� 00 j rn H 'p N con cn rp r � p '° a n rtT f0 i° 0 :S gQ8 rt� 8 IS b N 0 D S o ° 0 ma? C � i z o a moo 3 �D� � W O 175 OQ U) -� W X CY)� 41 Z m in O 0 r m III O Cn a O D m n-j Z }} { o A :- i I u, V:4 I w a�Mto r zv o� °a I I ro to � E3o I .� • ,b N� 0 z I; i � i� t3� y j zm� 1 C� �m Iml a r C I O �? a z °� °n { a z�a � (�•� _ W •y 1 Z 0 k_j I D O I r 0-72 V �OON W (J I O o ((,,//)) X: N Z I o D 00 (1101 N00'21 „ I q "Z �, ��� N00 15 "w �° 32 y� a N a 103. s ez p co s00•48 2 a E. — 13s.8s z . �w • •(LINE rOR DIRECTIONAL CONTROL)• ' W P� O M TITTLE SCH ©OL RO H COUNTY R6. 201 • p Q (VARIABLE R.O.W.) j0 c D Cr X r a y Q ; -3: GJ O < H�+ b � � r}�1 W � 0 to 1J' u w r i — p CD 0 CA j4 r Z p�� X �. d 07 NZ Nz ` NzN a 0 a 0 0 ) 0 Civil EngTEAGUE � AND PERKINS ATM 1100 Macon Street, Fort Worth, TX 76102 NC. /,Q171 3 '4R.-..r+77.3 SHEET 2 OF 4 EXHIBIT "C" UTILITY EASEMENT Being a 0.015 of an acre tract of land and being a portion of Lot 1, 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 Nancy A. Bozeman, D.V.M. by deed recorded in Volume 15098, Page 376, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found at the southeast corner of said Lot 1, same being the most easterly northeast corner of Lot 4, of said Block 1 and said Addition, and being 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 for the northeast corner of said Lot 1 bears North 00 °48'23" West, a distance of 135.89 feet, THENCE South 89 °40'28" West, with the common line of said Lot 1 and said Lot 4, 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 89 °40'28" West, continuing along said common line, a distance of 6.50 feet; THENCE North 00 °21'15" West, a distance of 103.17 feet; THENCE North 89 °24'37" East, a distance of 6.50 feet; THENCE South 00 °21'15" East, a distance of 103.20 feet to the POINT OF BEGINNING and containing 0.015 of an acre of land, more or less. PRELIMINARY —THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. DATE: October 19, 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 29 utility Sheet 3 of 4 a 0 -i is ro C , �x rt 0 �o 0 0= O � V Fr Q rt ro Q W cn r-9 O O T 6 p N 7 10 b� A m m A D Z N O Q, W 3 ro oa to rn CSV O 0 N W m U) ` "p m > CA M p ° to I 0 r rn p Z� II n v p ZE m r4 :E :E r b Z�1 Z D r•t O W t7f W ?' � I I W Z (I U D Z� OZO� Q O V M O r r �� I I to n P° Apo I I r �7 - mm� I ( I o no — ib' o� �� n• zw �' I I > r xd I© o I I a I in 0 C4 I l a� y tp � d5 O �y N(A 6 J 0 (PORTION OF LOT 4) z o a I� i m REZA MALEKI y �� �i INST. No. D206239627 < 0� cc , �Irm E , mo 0 I o L D �1 O rn O G)? ml I W w �zz mz 3 1 I I En �zo I III o �Mo x 0.01$ ACRE s ° 00'48'23 "W 135.89' ..'i'.e..... <O W ........................... FO .... �� c t7 ,$ (LINE R DIRECTIONAL CONTRDL) � LITTLE SCHOOL ROAD (C R. 2013 r. y )...... Z' (VARIABLE R.O.W.) d w f - p' 0 Q N y --! ;, a m T� 0 r v w ° O own °O, C: ° A 2 � I ���5 o I a � j i � � I �mr"' Q N I. ...D n - 00 > co bN I \ z' � _i 47� fd� G7 ot4 x = NZ �z I � Q C1 n N 1 0) rr 77 O Civil En gineering TEAGUE ALL A ND PERKINS nning //VG 1700 Macon Street, Fort Worth, TX 76902 /P17) .3.3R- .x,'77.3 SHEET 4 OF 4