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R492 - WithdrawnRESOLUTION NO. 492 A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING FEE TITLE OF PROPERTY TO BUILD A PUBLIC STREET, OR FOR OTHR PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Kennedale (the "City ") is in the process of building a public street (the "Project ") which will serve existing and future development in the City; and WHEREAS, in order to complete this Project, it is necessary for th�e to acquir &;e title from the property owner who owns the property across which the project will be to ad; and WHEREAS, the City and the owner of the following prop y have been una le to reach an agreement on the acquisition of the property required for the Project: at , Part of Lot 1R1A, Block 1, FWT, Inc. Addition, City of Kennedale Property Owner: SCC 287 LLC W Property Description: 0.36157 acres �f ,750 square feet) tract of land, described and depicted in the attached Exhibit "A ". WHEREAS, the City Council finds and determines that the acquisition of the property for the Project constitutes a public use for a public purpose; and WHEREAS, the City has made # initial offer to the property owner to purchase the necessary property, and provided the property owner with a copy of the Landowner's Bill of Rights, and the City's appraisal of the subject property, as required by law; and WHEREAS, the City and the property owner have been unable to agree on the acquisition 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 title to the necessary property (excluding the mineral interests) referenced above. 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 of 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 use and necessity exists for the City of Kennedale, Texas to acquire fee title from the owner of the property, as more particularly described and depicted on the attached Exhibit "A" (the "Property ") which is incorporated herein by reference, for constructing municipal improvements in connection with the Project described above. SECTION 3. The City Attorney is hereby authorized to bring a condemnation lawsuit against the owner, and any and all other parties having an interest in the Property, for the purpose of acquiring the Property through the exercise of the City's power of eminent domain, provided that the following conditions are first met: (a) The City will obtain ownership information and a legal description for the Property to be acquired; (b) If the Property owner and/or other parties are located through the exercise of due diligence, the City Manager, the City Attorney, or their designated representative, will: (1) Make a final offer to the owner and/or other parties for the purchase of the Property; (2) When the final offer to purchase is made, the City will disclose to the owner and/or other parties, all existing appraisal reports or value studies produced or acquired by the City relating to the Property and used by the City in determining the amount of the final offer; (3) 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 the Property; and (4) If the owner and/or other parties fail or refuse to accept the City's final offer, the City Manager may direct the City Attorney to file eminent domain proceedings. (c) When the owner and/or other parties cannot be located through the exercise of due diligence, the City Attorney may file eminent domain proceedings against such owner and/or other parties, and shall cite such owner and/or other parties who cannot be located, by publication in the manner authorized by law. (d) The City Council hereby authorizes the City Manager and/or the City Attorney to make a final offer to the owner of such Property for conveyance to the City of the Property, based upon appraisals available to the City. SECTION 4. The City Council hereby finds and determines that the above described Property is needed so that the City of Kennedale can construct the Project, which is a public use and is necessary to serve the public health, safety and welfare. SECTION 5. This Resolution shall take effect upon its adoption, and it is so Resolved. ADOPTED this day of ) 2016. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY E.,W1BIT "A" METES AND BOUNDS DESCRIPTION Being a tract of land situated in the David Strickland Survey Abstract No, 1376, City of Kennedale, Tarrant County, Texas and being a portion of Lot 1R1A, Block 1, FWT, INC. ADDITION, an addition to the City of Kennedale, Tarrant County, Texas as recorded in Cabinet A, Slide 9742, Plat Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows: BEGINNING at a TxDOT monument found for the common westernmost southwest corner of said Lot 1131A and the southernmost corner of Lot 1, Block 1, M.J. Freeman Addition, an addition to the City of Kennedale, Tarrant County, Texas as recorded in Cabinet A, Slide 8450, Plat Records, Tarrant County, Texas, said point also being in the northeasterly right -of -way line of W, Kennedale Parkway, also known as Business Highway No, 287 (a variable width right -of -way); THENCE North 47 ° 21'31" East, along the common northwesterly line of said Lot 1R1A and the southeasterly line of said Lot 1, a distance of 50.00 feet to a 5/8 -inch iron rod with cap stamped "SHIELD ENGINEERING" set THENCE South 43 0 20'09" East, departing said common line of said Lot 1R1A and said Lot 1 and over and across said Lot 1R1A, a distance of 76.81 feet to a 5/8 -inch iron rod with cap stamped "SHIELD ENGINEERING" set; THENCE South 42 ° 35'07" East, continuing across said Lot 1R1A, a distance of 229.59 feet to a 5/8 -inch Iron rod with cap stamped "SHIELD ENGINEERING" set; THENCE South 47 °25'47" West, a distance of 50.00 feet to a 5/8 -inch Iron rod with cap stamped "SHIELD ENGINEERING' set In the common southwesterly line of said Lot 1111A and the aforementioned northeasterly right -of -way line of W. Kennedale Parkway; THENCE North 42 0 35'07" West, along said common southwesterly line of Lot 1R1A and said northeasterly right -of -way line of W. Kennedale Parkway, a distance of 229.24 feet to a TxDOT monument found; THENCE North 43 °20'09" West, continuing along said common southwesterly and northeasterly lines, a distance of 77.09 feet to the POINT OF BEGINNING and containing 15,318 square feet, or 0.352 of an acre of land, more or less. NOTE: A PLAT OF EVEN DATE ACCOMPANIES THIS EXHIBIT ..� . ROBERT W, BRYAt1' f V � r , ���rV EXHIBIT "B" LOT 1, BLOCK 1 M.J. FREEMAN ADDITION CABINET A, SLIDE 8450, PRTCT POWER POLE LIGHT STANDARD ��w v LOT 1 R 1 A, BLOCK 1 FWT, INC. ADDITION TxDOT MOM) CABINET A, SLIDE 9742, PRTCT SIGNAL CONTROL BOX TxDOT MONO NT FOUI �- WATER VALVE AND FIRE HYDRANT --/ IRRIGATION CONTROL VALVES AND WATER METER UNE B RING DISTANCE I N 47'21 31 " E 50.00 L2 13 43'20 09'• E 76.81' L3 IS 47 W150.00' ' �• • '• L4 IN 43'20 09" W177,09 ROBERT W BRYAN IRS 1 1 11 / A� L i0 F SIGN �Ir �l • v p� S �* A F C F G TxDOT MONUV FOUND ( IRS IRS NOTES:. �. E 1, A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EXHIBIT. Enna SHOWING A PORTION OF 2. BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS NA083, T %NC ZONE. LOT 1R I A BT,OCK. I Gj� r NST�q�.' 3. IRS INDICATES A 5/8 -INCH IRON ROD WITH CAP STAMPED 'SHIELD FWT INC. ADDITION ' �• • '• ENGINEERING" SET. BEING AN ADDITION TO THE ROBERT W BRYAN 4. CM INDICATES A CONTROLLING MONUMENT. CITY OF KENNEDALB '': + 55Q$ �•,�` 9. SURVEYED ON THE GROUND MARCH 21, 2016. TARRANT COUNTY, TEXAS AS RECORDED IN CABINET A. SLIDE 9742 �!�/� 'p SU P F A PLATRECORDS TARRANTCOUNTY TEXAS ❑ 4 ' SU Ry 6. THIS RVEY HAS SEEN PRE. AREO it9TH0UT THE BENEFIT 0 TITLE COMMITMENT, THERE MAY BE EASEMENTS OF WHICH THE +( /}•J} SURVEYOR IS UNAWARE THAT AFFECT THE SUBJECT TRACT, PROJECT: 2014034,34 TxDOT MCDonolds Median ACQUISITION AREA; 15,318 SQUARE FEET OR 0.352 ACRES OF LAND, MORE OR LESS DATE: 09/12/201& ROBERT W. BRYAN REGISTERED PROFESSIONAL J LAND ORAWIM 1403434 BN -2.dw9 DRAWN BY; JCW Ch1ECKED BY; RYIB SURVEYOR No. 5508 SHIELD ENGINEERING GROUP, PLLC PO BOX 470636 FORT WORTH, TEXAS 76147 (817) 810 -0696 TBPE F -11039 TBPLS 10193890 ©