HomeMy WebLinkAboutResolution No. 2014-003
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2014-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, DECLARING THE NECESSITY TO ACQUIRE AN
APPROXIMATELY 4,246 SQUARE FEET OR 0.097 ACRES OF LAND FOR
RIGHT-OF-WAY PURPOSES, IN FEE SIMPLE, AND LOCATED WITHIN
THE BUFFALO BAYOU, BRAZOS & COLORADO RAILROAD CONIPANY
SURVEY, ABSTRACT NO. 174, CITY OF THE COLONY, DENTON
COUNTY, TEXAS; AND AN APPROXIMATELY 2,001 SQUARE FEET OR
0.0459 ACRES OF LAND FOR A MUTUAL ACCESS EASEMENT, AND
LOCATED WITHIN THE BUFFALO BAYOU, BRAZOS & COLORADO
RAILROAD COMPANY SURVEY, ABSTRACT NO. 174, CITY OF THE
COLONY, DENTON COUNTY, TEXAS, ALL OF WHICH FOR PUBLIC
ROADWAY PURPOSES; 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, the City Council of The Colony (hereinafter referred to as the "City Council"),
has determined that the following rights-of-way consisting of approximately 4,246 square feet or
0.097 acres of land situated in the Buffalo Bayou, Brazos & Colorado Railroad Company Survey,
Abstract No. 174, City of The Colony, Denton County, Texas (hereinafter referred to as the "Right-
of-Way Property"), and more particularly described and depicted in Exhibit A, 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 and
improvements to the City of The Colony's South Colony Boulevard Overpass Project, which is a
public use; and
WHEREAS, the City Council has determined that an approximately 2,001 square feet or
0.0459 acre tract of land situated in the Buffalo Bayou, Brazos & Colorado Railroad Company
Survey, Abstract No. 174, City of The Colony, Denton County, Texas (hereinafter collectively
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 a mutual
access easement purposes, and that there exists a public necessity to acquire the Easement Property
for the construction and improvements to the City of The Colony's South Colony Boulevard
for the construction and improvements to the City of The Colony's South Colony Boulevard
Overpass 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 South
Colony Boulevard Overpass 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
mutual access 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 mutual access easement
purposes, and if unsuccessful in purchasing Right-of-Way Property in fee simple, and/or the
Easement Property, 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 City of The Colony's South Colony Boulevard
Overpass Project, and to acquire the Right-of-Way Property in fee simple, and to acquire the
Easement Property for mutual access easement purposes, both of which are deemed necessary for
construction and improvements of South Colony Boulevard, which is 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 mutual
access easement purposes, for the City of The Colony, Texas, and to acquire said rights in
compliance with 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 mutual access 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 mutual access 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 mutual access 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 7t" day of JANUARY, 2014.
e MCC rry, Mayor
ATT +F~T:
di"
Christie Wilson, City Secretary ,
.O
APPROVED AS TO FORM: r ; 2
('Jeff Moore, ° ity Attorney rEX R
Exhibit A
Depiction and/or Description of the
Right-of-Way Property
EXHIBIT G°A"
County: Denton Page 1 of 3
Highway: State Highway No. 121 February 18, 2013
Station: 533+19.28 to 537+99.02
R.O.W. CSJ: 0364-03-097
PROPERTY DESCRIPTION FOR PARCEL 2
Description of a 4,246 square foot (0.097 acre) tract of land located in the Buffalo Bayou, Brazos
& Colorado Railroad Company Survey, Abstract No. 174, Denton County, Texas, and being a
portion of a called 30.8523 acre tract of land described in the Special Warranty Deed to 30/The
Colony, Ltd., filed for record in Volume 5355, Page 2847, Deed Records, Denton County, Texas,
and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found (Controlling Monument) at the end of a curve to
the right in the northeasterly line of said 30.8523 acre tract;
THENCE S29°14'37"E, along the northeasterly line of said 30.8523 acre tract, a distance of
363.07 feet, to a 5/8 inch iron rod set with a TxDOT 3-1/4 inch aluminum disk on the existing
northerly right-of-way line of State Highway No. 121 (a variable width public right-of-way), and
being at the POINT OF BEGINNING of the herein described tract of land, also being at Station
537+-99.02, 171.16 Left, and having a Texas Coordinate System, N.A.D. 83(2002), North Central
Zone (4202) surface coordinate of North: 7,079,155.90, East: 2,468,426.18;
1) THENCE South 60°47'33" West, along the existing northerly right of way line of said State
Highway No. 121, a distance of 479.75 feet, to a 5/8 inch iron rod set with a TxDOT 3-1/4 inch
aluminum disk at Station 533+19.28, 171.16 feet Left, and having a Texas Coordinate System,
N.A.D. 83(2002), North Central Zone (4202) surface coordinate of North 7,078,921.79, East:
2,468,007.43, and being at the beginning of a non-tangent curve to the left whose center bears
North 29°12'27" West, a distance of 2849.79 feet;
THENCE departing said existing northerly right of way line and along the new northerly right
of way line of said State Highway No. 121 as follows;
2) Along said curve to the left and in a northeasterly direction through a central
angle of 03°00'00", for an arc length of 149.21 feet, said curve also having a long
chord which bears North 59°17'33" East, a chord length of 149.20 feet, to a 5/8
inch iron rod set with a TxDOT 3-1/4 inch aluminum disk;**
3) North 57°47'33"East, a distance of 209.87 feet, to a 5/8 inch iron rod set with a
TxDOT 3-1/4 inch aluminum disk at the beginning of a tangent curve to the right
whose center bears South 32°12'27" East, a distance of 2879.79 feet;
County: Denton Page 2 of 3
Highway: State Highway No. 121 February 18, 2013
Station: 533+19.28 to 537+99.03
R.O.W. CSJ: 0364-03-097
PROPERTY DESCRIPTION FOR PARCEL 2
4) Along said tangent curve to the right and in a northeasterly direction through a
central angle of 02124'32", for an arc length of 121,08 feet, said curve also having
a long chord which bears North 58°59'49" East, a chord length of 121.07 feet, to
a 518 inch iron rod set with a TxDOT 3-1/4 inch aluminum disk on the
northeasterly line of the aforementioned 30.8523 acre tract, same being the
southwesterly line of the aforementioned 47.651 acre tract;**
5) THENCE South 29°14'37" East, along the northeasterly line of said 30.8523 acre tract, a
distance of 18.68 feet, to the POINT OF BEGINNING and containing 4,246 square feet (0.097
acres) of land, more or less.
The bearings recited hereinabove are based on the Texas Coordinate System (N.A.D. 83), North
Central Zone (4202), and were determined by GPS observations of Monuments 12, 13, 14 and 15
of the City of The Colony Geodetic Control.
All coordinates shown are surface unless otherwise noted and may be converted to grid by
dividing by a combined scale factor of 1.000152693
The Station and Offset information refers to the baseline shown on the Plans of Proposed Right-
of-Way Project, Project No. 8018-2-20
I, William C. Haddock, a Registered Professional Land Surveyor in the State of Texas, hereby
certify that the land description and plat represent an actual survey made on the ground under my
supervision the month of February, 2013
P7 ~ }
S
William C. Haddock Date
Registered Professional Land Surveyor
ft
Texas Registration No. 5764
Graham Associates, Inc.'~~~~ r~
--,..,..a...... 5764'r /
600 Six Flags Drive, Suite 500 'A
Arlington, Texas 76011 e_I";
(817) 640-8535 itSUR~"``
TBPLS Firm No. 101538-00
'BUFFALO BAYOU, BRAZOS & COLORADO
¢i RAILROAD COMPANY SURVEY
30/iI1E COLONY, LTD. 1/2-.,pc (CM) COLONY 5 P1iRTPtE n, LLC
ABSTRACT NO. 174 ;v
VOL 5355, PG. 2847, f, C.C. INSTR. NO. 2012-140998,
D.R.D.C.T. O.P.R.D.C.T.
R = 2849.79' MLED 30.8523 ACRES R = 2879.79I ( CALLED 47,651 ACRES
I d = 0724'32' "
= 43'00'04" t
L = 149.21' CH 121.08'
,t e
CH = N59'17'33"E ~
CHL = 149.20' CHL = 121.07° ` AD- _ = T
NEW RIGHT OF ~ STA. 537+99.02 ~ PARCEL 2
WAY LINE - L89-85' LT f AD"
AD" I
ST0. 531+1928 I
AD" ST& LT
171 16 - STA 534+68.43 186.0.5 F,q~ € N 7,079.155.90
N 7 078 921 79 175.07' LT f -
E 2,458,007.43 47'33pE G9.87 E 2488,42618
r> ~
. _ - 'EkIST1NG RICdfi'
4
OF WAY
_ -°=ZSS DENIAL (0.097 cACRES)
- - - - - - -
STATE OF TEXAS
I VOL 339, PG. 360, I
. - c 0.R,D.C,T-- •
I
y
1
A
LL A
GRAPHIC SCALE IN FEET EXHIBIT *A* - PAGE 3 OF 3
0' 50' 100' 200' 300' A PLAT OF SURVEY OF PARCEL 2
FOR STATE HIGHWAY 121
LEGEND RIGHT-OF-WAY CSJ: 364-03-097
1 0 - SET rxDOT 'AD' MONUMENNf UNLESS DTHEirxISE r:QITD 4,246 SQUARE FOOT [0.097 ACRES] `
AD = EXISTING ROADWAY INTERNAL BD = 7xDDf 4)NCH1lQExr w c~auc iBTY u IarxNr o~ wh TRACT OF LAND IN THE BUFFALO BAYOU BRAZOS &
BOUNDARY LINE MARHER '
EXISTING RIGHT OF WAY LINE CD = TxDOT 2 INCH ALUMMM DISK C ,lP CF A 5f3' `NCH IRON R~,10 SE; COLORADO RAILROAD SURVEY, ABSTRACT NO. 174,
NEW RIGHT OF WAY LINE POW ON TANGENT OR POINT C RV ` ':t c I:` P ?y` " ~ CITY OF THE COLONY, DENTON COUNTY, TEXAS.
EXISTING EASEMENT LINE - - OF AN ACCESS DENIAL LINE ✓ G y~
P.a.C. = POINT CF 000JENCING .0 F JA.RY 18, 2013 ~ro
NEW EASEMENT LINE RO.S. = POINT OF BEGINNNG 1S ` A 1
PROPERTY LINE P.0A - POINT OF REFERENCE S ~ T ~i ~ g f p f
8RF = IRON ROO FOUND C f / f ' .f' /
f>
SURVEY LINE ClRF m CAPPED IRON ROD FOUND x. ~
CIRS 1U dLES9H0THERt1T5E NOTED A r S 41.:V Ls.( Nil C 4r `t n G r CO K, RPAS. Na _,Ed DATE
" THE MONUMENT DESIGNATED IN THIS CALL, IF DESTROYED OR - r ...;•SiS OF BOR94GS - TE7(AS COORDINATE SYSTEM NAD. 83 (2002 EPOCH), NDRTH
(CM) - CONTROLLING MONUMENT 5764 CENTRAL ZONE (4202), i
DAMAGED DURING CONSTRUCTGN, MAY BE REPLACED WITH A TxDOT TYPE I END. - FOUND
RIGHT OF WAY MARKER UPON THE COMPLETION OF THE HIGHWAY D.R.O.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS `•.~c'$ $ i~,•` ^1 ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO
CONSTRUCTION PROJECT UNDER THE SUPERlaON OF A REGISTETd:D P.R.D.C.T. = PLAT RECORDS, DENTON COUNTY, TEXTS T' ,py f, GRID BY COMBINED SCALE FACTOR of DIVIDING 8Y 1.000152693
ftl
PROFESSIONAL LAND SUR&YYOR EITHER EMPLOYED OR RETAINED BY TOOT. O.P.R.D.C.T. = Cr7CIAL PUBUC RECORDS, DENTON COUNTY, TEAS THE STATION OF OFFSET INFORMATION REFERS TO THE BASEIJNE DESCRfBED IN THE
C.C. = COUNTY CLERY CONTROL SNM LAST REVISED FEBRUARY 25, 2002 OF THE Tx DOT RIGHT-OF-WAY
INSTR.= INSTRUMENT wCdcC= 8018-2-20
Exhibit B
Depiction and/or Description of the
Easement Property
EXHIBIT "A"
PERMANENT MUTUAL ACCESS EASEMENT
Being a 0.0459 acre tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract
173, in the City of The Colony, Denton County, Texas, being a part of that called
30,8523 acre tract of land described in Special Warranty Deed to 30IThe Colony, Ltd.,
as recorded in Volume 5355, Page 02847 in the Deed Records of Denton County,
Texas (D.R.D.C.T.), and being more particularly described by metes and bounds as
follows:
COMMENCING at a 1/2-inch found iron rod with yellow plastic cap stamped "HALFF
ASSOC INC" (hereinafter referred to as "with cap") for the common northwest corner
of that called 47.651 acre tract of land described in Special Warranty Deed to Colony 5
Partners, LLC, as recorded in County Clerk's Document No. 2012-140998 in the
Official Records of Denton County, Texas and the most northerly northeast corner of
that called 1.595 acre tract of land described in Right-of-Way Deed to the City of the
Colony, as recorded in County Clerk's Document No. 2005-45918 O.R.D.C.T., and
being on the southerly right-of-way line of Memorial Drive (variable width right-of-way,
60 feet wide at this point) as dedicated by Legend Trails Phase 11 Addition, an addition
to the City of the Colony, Denton County, Texas, as recorded in Cabinet T, Page'258
in the Plat Records of Denton County, Texas;
THENCE South 58 degrees 36 minutes 19 seconds East, along the common
southwesterly line of said called 47.651 acre tract of land and the northeasterly line of
said called 1.595 acre tract of land, a distance of 60.03 feet to a 1/2-inch set iron rod
with cap for the POINT OF BEGINNING, being the northeast corner of said called
30.8523 acre tract of land;
THENCE South 58 degrees 36 minutes 19 seconds East, departing said common line
and along the common southwesterly line of said called 47.651 acre tract of land and
the northeasterly line of said called 30.8523 acre tract of land, a distance of 104.05
feet to a point for corner;
THENCE South 29 degrees 32 minutes 31 seconds West, departing said common line,
a distance of 30.88 feet to a 1/2-inch set iron rod with blue plastic cap stamped
"HALFF ESMT" (hereinafter referred to as "with blue cap") for corner;
THENCE North 60 degrees 27 minutes 29 seconds West, a distance of 27.00 feet to a
1/2-inch set iron rod with blue cap for the point of curvature of a circular curve to the
left, having a radius of 19.00 feet, whose chord bears North 15 degrees 27 minutes 29
seconds West, a distance of 26.87 feet;
THENCE Northwesterly, along said circular curve to the left, through a central angle of
89 degrees 59 minutes 59 seconds, an arc length of 29.85 feet to a point for corner;
Page 1 of 3
THENCE North 60 degrees 27 minutes 29 seconds West, a distance of 58.00 feet to a
1/2-inch set iron rod with blue cap for corner;
THENCE North 29 degrees 32 minutes 32 seconds East, a distance of 15.24 feet to
the POINT OF BEGINNING AND CONTAINING 2,001 square feet or 0.0459 acres of
land, more or less.
A Plat accompanies this legal description.
Basis of Bearing is the Texas Coordinate System NAD 83, North Central Zone (4202),
observed by GPS using Western Data Systems Dallas/Fort Worth area RTK
Cooperative Network on 07119/2012 and 07/27/2012. City of the Colony monuments 8,
11, 12, 14 and 15 were held. Convergence Angle for City of the Colony monument 8 is
00 degrees 52 minutes 22.44311 seconds, according to Corpscon V6.0.1 as provided
by the U.S. Army Corps of Engineers. Distances shown are surface distances, scale
factor is 1.000150630,
i
3
Page 2 of 3
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A LEGAL DESCRIPTION ACCOMPANIES THIS PLA I.
"Ap
e... _ EXHIBIT
LEGEND - M59 ACRE PERMANENT gy~ MUTUAL
a PROPOSED ~.__~__..u, i'~C("f .S? d.,~~i..~ ~~1~ NE `
,Jq RIGHT=.OF-WAY FIR yOj D [OPTION u
0117 O 9ff~~ E3.t3,~fiN & C:.ti.1i, CO *,:II1t2.EY, A--I'(3
. mi t/ SET IRON ROD W/ SIR W! 6g SET IRON itOA W/ 1~ 7 (T1` Tf'f~• col-aNY, W--N 3T N 1 1pOJT'f„ TEXAS _iz
Tj Y LLOW CAP STAMPED BLUE CAP' LUS CAP STAMPED by
HALFF AS.SOC.INC: HALFF'ESMT' 11 1 E.1. A` OCIA 1I 111 ,
!fC t _ _
POINT FOR CORNER CM i C1t81 t)1. PSO d1 1, r~ - 4000 {`.5 11, C1aI Li{ i1LV1.), 4.J
I,Oourito A Collioun, Rxyr~Perod I rt fC jcAri rol Land are vsyrrt ! f + ~ r
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Rorf.r>torod alrofos°,IOnalLand Surveyor SCALE IN FEET
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