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HomeMy WebLinkAboutResolution No. 2012-080 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, DECLARING THE NECESSITY TO ACQUIRE AN APPROXIMATELY 0.0673 ACRE TRACT OF PROPERTY FOR RIGHT-OF- WAY PURPOSES, AND AN APPROXIMATELY 0.1333 ACRE TRACT OF PROPERTY FOR DRAINAGE EASEMENT PURPOSES, ALL AS PART OF THE CITY OF THE COLONY'S MEMORIAL - SPRING CREEK CONNECTOR PROJECT, AND SITUATED GENERALLY IN THE R.P. HARDIN SURVEY, ABSTRACT NO. 611, AND THE WILLIAM G. GARVIN SURVEY, ABSTRACT NO. 453, IN THE CITY OF FRISCO, DENTON COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE CITY MANAGER OF THE CITY OF THE COLONY, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL. WHEREAS, on May 28, 1998, the City of The Colony, Texas ("The Colony"), entered into the "Stewart Creek West Regional Wastewater System Contract" with the City of Frisco, Texas ("Frisco"), and the North Texas Municipal Water District ( "NTMWD"); and WHEREAS, The Colony subsequently sued NTMWD and Frisco for various causes of action arising out the Stewart Creek West Regional Wastewater System Contract, involving the expansion of the North Texas Regional Wastewater System known as Stewart Creek West; and WHEREAS, on February 25, 2010, the The Colony, Frisco and NTMWD entered into a Settlement Agreement concerning the Stewart Creek West Regional Wastewater System Contract; and WHEREAS, Section 7 of the Settlement Agreement provides for cooperation between The Colony and Frisco regarding the extension of Memorial Drive, and provides that The Colony "at its sole expense [shall] obtain all right-of-way, easements, and required permitting" concerning the Memorial - Spring Creek Connector Project, and provides "[a]ll portions of the right-of-way within the Frisco city limits will be obtained on behalf of Frisco and all deeds shall provide that ownership of such right-of-way is solely in the name of Frisco"; and WHEREAS, the City Council of The Colony (hereinafter referred to as the "City Council"), has determined that an approximately 0.0673 acre tract of land situated in the R.P. Hardin Survey, Abstract No. 611, City of Frisco, Denton County, Texas (hereinafter referred to as the "Right-of- Way Property"), and more particularly described and depicted in ExhibitA, which is attached hereto and incorporated herein for all purposes, is appropriate for use for public roadway purposes, and that there exists a public necessity to acquire the Right-of-Way Property for the construction of the City of The Colony's Memorial - Spring Creek Connector Project, which is a public use; and WHEREAS, the City Council has determined that an approximately 0.1333 acre tract of land situated in the William G. Garvin Survey, Abstract No. 453, City of Frisco, Denton County, Texas (hereinafter referred to as the "Easement Property"), and more particularly described and depicted in Exhibit B, which is attached hereto and incorporated herein for all purposes, is appropriate for use for drainage easement purposes, and that there exists a public necessity to acquire the Easement Property for the construction of the City of The Colony's Memorial - Spring Creek Connector Project, which is a public use; and WHEREAS, the City Council desires to acquire the Right-of-Way Property and Easement Property for this governmental and public use in conjunction with the City of The Colony's Memorial - Spring Creek Connector Project; and WHEREAS, the City Council desires that the City Manager, or his designee, take all necessary steps to acquire the Right-of-Way Property in fee simple, and the Easement Property for drainage easement purposes including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the City Attorney, or his designee, negotiate the purchase of the Right-of-Way Property in fee simple, and the Easement Property for drainage easement purposes, and if unsuccessful in purchasing Right-of-Way Property in fee simple, and/or the Easement Property for drainage easement purposes, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That all of the above premises are hereby found to be true and correct legislative and factual findings of the City of The Colony, Texas, and they are hereby approved and incorporated into the body of this resolution as if copied in their entirety. SECTION 2. That the City Council hereby finds and determines that a public use and necessity exists for the City of The Colony, Texas, to acquire the Right-of-Way Property and the Easement Property for the construction of the Memorial - Spring Creek Connector Project, as part of the City of The Colony's Memorial - Spring Creek Connector Project, and to acquire the Right-of-Way Property in fee simple, and to acquire the Easement Property for drainage easement purposes, both of which are deemed necessary for construction of an extension for Memorial Drive, a public roadway. SECTION 3. That the City Manager, or his designee, is authorized and directed to negotiate for and to acquire the Right-of-Way Property in fee simple, and the Easement Property for drainage easement purposes, for the City of The Colony, Texas, and to acquire said rights in compliance with 2 State and Federal law. That the City Manager is specifically authorized and directed to do each and every act necessary to acquire the Right-of-Way Property in fee simple, and the Easement Property for drainage easement purposes including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4. That the City Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Right-of-Way Property in fee simple, and the Easement Property for drainage easement purposes, and, as such, the City Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the City Council for such purpose. That the City Manager is specifically authorized to establish the just compensation for the acquisition of the Right-of-Way Property and the Easement Property. That, if the City Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the City Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Right-of-Way Property in fee simple, and the Easement Property for drainage easement purposes. SECTION 5. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 20"' day of November, 2012. J~Mc6ur y, Mayor ATTEST:: Christie Wilson, City Secretary ; APPROVED AS TO FORM: NN-V~ JeI ff Moore, City Attorney 3 Exhibit A Depiction and/or Description of the Right-of-Way ProPer tY 4 EXHIBIT A RX WT-O►F'-WAY ACQUiSJ710M PARr of KH17EFORD LIMITED PARTNERSHIP TRACT CITY OF FRISCO, DENTON COUNTY, TEXAS PROPERTY DESCRIPTION Being a tract or parcel of land situated in the R.P. Hardin Survey, Abstract Number 611, City of Frisco, Denton County, Texas, and being part of that called 3.00 acre tract of land described in deed to Whiteford Limited Partnership as recorded Instrument Number 2008-3157, Real Property Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING of a 1/2-Inch Iron rod with McCULLAH SURVEYING cap found for the southwest corner of sold Whiteford tract, said corner being In the easterly line of the BNSF Rallrood right of way (100-foot width) and being the northwest corner of that cartaln tract of land described in dead to Texas Industries, Inc., as recorded in instrument Number 94- 0011703, Real Property Records of Denton County, Texas; THENCE North 07'00'28" West, along the easterly line of said BNSF Railroad right of way, a distance of 22.49 feet to a 1/2 Inch iron rod with plastic cop stamped TX REG NO 140189- 00 set for the southwest corner of Town and Country Boulevard right-of-way as dedicated In STONEBRIAR/WESTON ADDITION, an addition to the City of Frisco according to the plot thereof recorded in Cabinet T. Page 376, Official Records of Denton County, Texas; THENCE North 69'38'42" East, departing the easterly line of said BNSF right of way and along the southeast line of said Town and County Boulevard right-of-way, a distance of 15.81 feet to a 1/2 Inch Iron rod with plastic cap stomped TX REG NO 100189-00 set for the beginning of a non-tongent curve to the right having a central angle of 09'08'30", a radius of 1,030.00 feat, o tangent length of 82.35 teat, a chord bearing South 82'01'46" East, and a chord distance of 184.17 feet, from which a 1/2 inch Iron rod with cop found bears North 69'36'42" E, 848.89 feet; THENCE departing sold southeast line of sold Town and Country Boulevard right of way and along sold non-tongent Curve to the right an are distance of 164.34 feet to a 1/2-- Inch Iron rod with plastic cap stamped TX REG NO 100189-00 set for corner, said iron rod being in the south line of sold Whiteford Limited Partnership tract and the north line of the aforementioned Texas Industries, Inc. tract; THENCE South 88'20'20" West, along the south line of sold Whiteford Limited Partnership tract and the north line of said Texas Industries, Inc. tract, a distance of 174.73 feet to the POINT OF BEGINNING and containing 0.0673 acres (2,931 square feet) of land, more or less. NATHAN D. MAIER CONSULTING ENGINEERS, INC. TBPE FIRM RFG. NO. F-358 1 OF 3 TBPLS FIRM REG, NO. 100189-00 AUGUST 2, 2011 Two Northpark / 8080 Park Lane / Suite 600 08-11-081.8 Dallas, Texas 75231 / Ph. (214) 739-4741 80B1EX02.OWG 5 RIGHT-OF--WAY ACQUISITION PART OF WHI TEFORD LIMITED PARTNERSHIP TRACT CITY OF FRISCO, DENTON COUNTY, TEXAS Bearings for this survey are hosed on the Western Data Systems Texas Cooperative Network (www,txrtk.oom) and are referenced to NAD83 State Plane Coordinate System, Texas North Central Zone 4202. Stations DCOL, DMCK and McKinney were utilized as base stations during GPS data collection sessions. For Nathan Maier Consulting Engineers, Inc. ohn L. Melton Registered Professional Land Surveyor No. 4628 {iVJOHN L. MELTON C 'aq #4266 sua4 NATHAN D. MAIER CONSULTING ENGINEERS, INC. TBPE FIRM REG. NO. F--356 2 OF 3 TBPLS FIRM REG, NO. 100189-00 AUGUST 2, 2011 Two Northpark / 8080 Park Lone / Suite 600 08-11-081.9 Dallas, Texas 75231 / Ph. (214) 739-4741 8081FX02.DWG 6 i R/lsHr-OF-WAY ACQUIS777ON i PARr of WHIYEFORD LIM17ED PARWERSHIP TRACT CITY OF FRISCO, DENTON COUNT): TEXAS ST0NEORIARIWS710N ADDITION CABINET T, PACE 376 ® TOM AND COUNTRY BLVD. 98 RICHT OF WAY DEDICATION CABINET T, PACE 376 d~O91T8'3O' 112' 1Rf R~1,030 On' W/CAAPP+ T 82.35' l 79 L~184 34' 0 0873 AC, CO-S 82191'46' £ g9, 2931 SO FT. C.-184,17' E B1 80 N 69~e '+2N 89;3642' E W9H17EFORD LIMITED PAR7NERSHIP J5.8J' INSTRUMENT NO, 2008-3157 $ ~ ms fns to S 882020" W 174,7'3' MEMORIAL ©RIW Q i/2A 1RaC( m SURWft0 CAP Y) di 1120. RIGHT-OF-WA 3 CA©INfF X, PACE 669 TEXAS INDUSTRIES, INC. PAINT Ar INSTRUMENT NO. 94-•0011703 a c~ 64NNlNfi 9 ° 2a 7 i IRS DENOTES 112 INCH IRON ROD 10 0 W77-1 CAP STAMPED TY REG NO 100189-00 ~o 11 y o 12 13 14 15 THE CASCADE AT THE LECE.IDS PHASE 2 16 CABINET Y, PAGE 421 p t 17 1 100' NATHAN D. MAIER CONSULTING ENGINEERS, INC. TBPE FIRM REG, N0. F--356 3 OF 3 TBPLS FIRM REG. NO. 100189--00 AUGUST 2, 2011 Two Northpark / 8080 Park Lane / Suite 600 08-11--081.8 Doifas, Texas 75231 / Ph. (214) 739-4741 8081 EX02.DVIG 7 Exhibit B Depiction and/or Description of the Easement Property 8 DRAINAGE EASEMENT SEPTEMBER 19, 20112 PROPERTY OF WHITEFORD LIMITED PARTNERSHIP WILLIAM G. GARVIN SURVEY, ABSTRACT NO. 453 DENTON COUNTY, TEXAS FIELD NOTE DESCRIPTION HEING a 5,806 square foot (0,1333 acre) tract of land situated In the Willialb G. Garvin Survey, Abstract Number 453, Denton County; Texas,, and being part of a certain tract of band conveyed to Whiteford Llrnited Partnership, as evidenced by deed recorded in Document Number 2008-3157 of the Deed Records of Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said Whiteford tract and the southwest corner of a right-af-way dedication to the City of Frisco as evidenced by -plat of 5tonebriar 1 Westin Addition, an addition to the City of Frisco, recorded in Cabinct T, Page '376 of the Plat Records of Denton County, Texas, being tti the east line of Burlington Northern Santa Fe Rallroad, a 104-foot right-of-way, froiti which a 1/241 ch iron rod with cap stamped "TX REG NO 100169-00" found (controlling monunent) hears South 61°50'31" West a distance of 0.40 feet, THENCE North 69°37'07" East departing the cast line of said BNSFRR, along the common north line of said Whiteford tract and the south line of said right-of-way dedication a distance of 15.53 feet to the POINT OF BEGINNING; THENCE North 69°37'07" Fast continuing along said common line a distance of.48.95 feet, from which a 112-inch iron rod with cap found (controlling monument) for the northeast- corner of said Whiteford tract bears North 69°37'67" E=ast a distance of 261.31 feet; 'T'HENCE departing said common line, over and across said Whiteford tract as follows: South' 84°56'48" East a distance of 112.27 feet; North 00003'14" East a distance. of 43.44 feet; North 88°20'20" East a distance of 20.54 fept;; South 01°39'40" East a distance of 57.30' feet to.the common south line of bald Whiteford tract and the notth line of a certain tract'of land conveyed to Texas Industries, Inc., as evidenced by deed recorded in Document Number 94- 00117103 of said Deed Records, from which a. 618-inch Iron rdd with cap found (controlling monument) for the northeast corner of satd `fe4a~§ Industries tract bears North 88*221241 Cast a distance of 302.91 feet; THENCE South 88°22741' West along said common line a. distance of 49.42 feet at the. beginning of a non-Tangent curve to the left, front which the southwest corner of said Whiteford tract boars South 88°22'24" West n dlstahc6 of 175.67 feet, whence a 112-Inch Iron rod with cup sfa►nped "TX REG NO 160189-00" found, (controlling monument) bears South 88°22'23" West a distance of 0.12 feet; ,Page 9 of 3 9 DRAINAGE EASEMENT SEPTEMBER 19, 2012 PROPERTY OF WHITEFORD LIMITED PARTNERSHIP WILLIAM G. GARVIN SURVEY, ABSTRACT NO. 453 DENTON COUNTY, TEXAS FIELD NOTE DESCRIPTION THENCE along said curve to the left having a delta angle of 09°12'44", a radius of 1030.00 feet, an are length of 165.61 feet and a chord bearing of North 81°89`46" West a distance of 165.43 feet to the POINT OF BEGINNING; CONTAINING within the metes recited 5,808 square feet or 0.1333 acre of land, more or less. Bearings are based on NAD 83, Texas State Plane Coordinate System, North Central Zone (4202). Distances have been scaled to surface values using a surface adjustment factor of 1.000150630. A plat of survey accompanies these field notes. 1, Justin W. Waldrip, a Registered Professional Land Surveyor, hereby certify that the legal description hereon is based upon an actual survey made on the ground under my supervision. OF -JU-S I IN 4'1. 1YAlDRIP i- C `'o G1 J9 N-Texaa Justin Revi ration No. 6 r 9 9 SS t~~ Pager 2 of 3 10 N ,tie STONEBRIAR COUNTRY CLUB JOINT VEMURE VOL. 4439, PO. 37 D' 25' 60' LOT 2, BLOCKA D.R.D.G.T. x STONEBRIAR /WESTIN ADDITION CAB, T. PG 378 P,R•D.C.T. CM m z WI.R.FOUNO 0 Y# CAP 1R• I, K FOUND '1T Q 'MO0ULU1r N 88°20'ZD" E BRSN89'JS16'E-1.0D•TO~~ 20.64' ~ P.O.W. DEDICATION (PER PLAT) , 3 CAB. T, PG 378 h4 Z~ WHITEFORD LIMITED W P.R.D.C.T. PARTNERSHIP N 69°37'07" E O ti N INST. NO 201)"1161 C) 1 CIA 48.95' S 84°66'46" E 112.27' VV 1. R. FOUND p OM 'Te)4RE8 f .O.C. 112, 1. R. FOUND y NO tOp18Ya0' ~ MCCULIAIt' 88°222A'E BRSSfsrsa"s4'w C1 N D.4a 302.81' 201.57' P.O.B. m 14 $9'37'()7' V 49.42' N 07'01'02" W 16153' S 88'2224W 176.87' 8 8E1°22'24" W 0%R. FOUND 22,84' CAI U2' I, R. POUND CM 'TEX F" ND 1DOIWW 1 BR&O"4=4•W-0.12' DRAINAGE EASEMENT 6,808 square Feet (0,1333 Acre) TEXAS INDUSTRIES. ING. TRACT I 11487. NO.94.0011703 C1 A = 9°12'44" WLUAM 0. GAHM WAVEY R =1030.00' ABOTRACV WJMM 4053 AL =166.61' CB = N 81',5940" W CL = 165.43' BEARING BASIS: OWINGS SHOWN HEREON ARE BASED ON NAO 63, TFXASDTAW PLANE COOHDINAIFSYSTEM, NORTH CENTRAL ZONE (4202). DI37ANCE9 SHOWN NAVC BEEN MODIFIED TO SURFA09 BY APPLYING A6CALE FAOIO71 Of 1.WDi600.N)TOlHE6TA1UPWiE Do0RDP2ATES. DRAINAGE EASEMENT FIE( D NOTES AGCOMPANYTHISPLAT. PROPERTY OF WHITEFORD LIMITED PARTNERSHIP PART OF THE WILLIAM G. GARVIN SURVEY, 0F" ABSTRACT NO. 453 ~Pt ~'sr a~ DENTON COUNTY, TEXAS LEGEND u TIN AtriRil y - 4) MOtT11WET4TFOUND 30 6 9 19 9 .7h (j~'Q D SYHDY., J. WALOMP DATE: SEPTEMBER 19.2012 SS P,O,O. • POINT OF G MONUMENT Lh1 CON7RDLLIHO •S U,RyF, eneeneD BY: R. WALDRIP 9cAE' 1 'INGH - 60 FEET , I, R. - IRON ROD 306 NUMBER' 302-12-020 SHFEr1 30173 DRS - BEARS D:R).C.T,- DEEDRECORD9 DENTON COUNTY. TEMS N KS Engineers, inc. ff .C7,-~ f'LATRECORDS 0EHTOy COVN[Y, TEXAS 17601 N. Gr'~niTry ~y4.7P6u+12M Out Tau. ]67iJ No.: (114),7345162 wf~(114)i)4310 11