HomeMy WebLinkAboutResolution No. 09-043
RESOLUTION NO. 09-X3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE SALE OF REAL PROPERTY FOR
RIGHT-OF-WAY DESCRIBED IN EXHIBIT A, WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN, TO THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS AND
EXPANSION OF FARM-TO-MARKET STATE HIGHWAY 423;
PROVIDING THAT THE MAYOR AND/OR THE CITY MANAGER
EXECUTE ANY AND ALL NECESSARY DOCUMENTS; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the Texas Department of Transportation desires to participate with the City of
The Colony, Texas, to widen FM 423; and
WHEREAS, the City and Texas Department of Transportation desire that such project will
be to their mutual benefit; and
WHEREAS, the State of Texas, by and through the Texas Department of Transportation, is
the agency acquiring the necessary right-of-way and utility relocations for said highway project; and
WHEREAS, the City Council has determined it is in the best interest of the City and its
citizens to approve the sale of the right-of-way described in Exhibit A, which is attached hereto and
incorporated herein, to the Texas Department of Transportation for the widening of FM 423.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS THAT:
Section 1. That the sale in the amount of $651,241.00 for acquisition of real property for
right-of-way described in Exhibit A, which is attached hereto and incorporated herein, by the City
of The Colony to the Texas Department of Transportation for the widening of FM 423 from Stewart
Creek Road to State Highway 121 is hereby approved; and, the Mayor and/or City Manager is
authorized to execute any and all necessary documents to complete such sale.
Section 2. This Resolution shall become effective immediately from and after its passage,
as the law and charter in such cases provides.
PASSED, APPROVED and EFFECTIVE this 15th day of June, 2009.
J be McC rry, ayor
TES
ristie Wilson, City Secretary y~
APPRO D S T F
T~ p0r
Robert E. Hager, C' Attorney
(REH/cdb) (06/03/09)
TM 37348.76.000
i ~
FormROW-A-RA
Rev. 3/2004
COPY
(GSD-EPQ
(Page 1 of 1)
ACKNOWLEDGMENT OF RECEIPT OF APPRAISAL REPORT
County: Denton District: Dallas
Federal Project No.: N/A Parcel No.: 35
ROW CSJ No.: 1567-02-030 Highway: FM 423
I, Dale Cheatham, City Manager of The City of The Colony, Texas, hereby acknowledge receipt on 3 TuNe 0 ~1
, 2009, of a copy of an appraisal report prepared by Paul Hornsby, dated March 13, 2009,
related to the above parcel. I acknowledge that this appraisal report is subject to the copyright laws of the United
States and that any republication or redisclosure is prohibited without the express written consent of the Texas
Department of Transportation.
THE CITY OF THE COLONY, TEXAS
By: 9, &J'-,
Dale Cheatham, City Manager
Return one signed copy to:
Halff Associates, Inc.
Attn: Josh Canuteson
1201 North Bowser Road
Richardson, TX 75081-2275
.
MEMORANDUM OF AGREEMENT
June 4, 2009
County: Denton Parcel: 35
Federal Project No.: N/A Highway: FM 423
ROW CSJ: 1567-02-030 from Stewart Creek Road to SH 121
City of The Colony, Texas
Attn: Mr. Dale Cheatham, City Manager
6800 Main Street
The Colony, TX 75056
Dear Mr. Cheatham:
The City has indicated a willingness to sign a deed for its property which consists of a total of 19,419
square feet, located at 6800 Main Street (FM 423) in The Colony, Texas.
It is important to confirm this agreement in order to avoid any possible misunderstanding as to the
details of the purchase or the process by which the Texas Department of Transportation (TxDOT) will
make payment. The payment of $651,241.00 as herein agreed will constitute full payment to be made
by TxDOT for the property to be conveyed to the State.
TxDOT and the owner have agreed to the following provisions:
TxDOT has agreed to use its best efforts to maintain access to the remainder parcel at all times during
construction.
Until payment is made by TxDOT, title and possession of the property to be conveyed remains with
you. You shall bear all risk of loss to any and all such property prior to such payment. Either you or
TxDOT shall have the right to terminate this agreement.
The payment of the amount herein stated and the terms provided constitute the only promises,
consideration and conditions of this purchase; and no other promises, consideration or conditions have----
been signified or implied, save and except any benefits which may accrue under the State's Relocation
Assistance Program and the mutual benefits to be derived by you and TxDOT from the signing of this
agreement.
The State, without cost to the owner, will pay the cost of recording all instruments conveying title to the
State.
It is suggested that you carefully review the proposed Right of Way Deed and satisfy yourself as to its
provisions. With your signing of this agreement and execution of the deed the State will proceed with
the issuance of a State warrant which will be made out jointly to City of The Colony, Texas and to
Universal Land Title of North Texas, LLC, agent for TxDOT. This company has been designated as
the State's closing agent and is responsible to see that TxDOT obtains clear title. They will not endorse
Form ROW-N-1 Rev. 3/2004 GSD-EPC Page 1 of 2
the warrant and make payment until clear title is secured. At the same time, you have the right to
withhold endorsement of the warrant and not accept payment until you are fully satisfied on all details of
the transaction.
Sincerely,
HALFF ASSOCIATES, INC.
B :
Jo T-~ well, SR/W-NAC, Right of Way Specialist
I fully understand the Texas Department of Transportation proposal as contained in this agreement and
hereby acknowledge receipt of the brochure entitled "Relocation Assistance."
I understand that relocation assistance benefits are handled entirely separate from and in addition to
this transaction and agree that my execution of the Right of Way Deed is based on this understanding.
CITY OF THE COLONY, TEXAS,
a Texas municipal corporation:
B:
Dca e C m C N1r n~a~r
C7.~
Date
-IS-15.70 b-70
Tax Identification Number (TIN)
Form ROW-N-1 Rev. 3/2004 Page 2 of 2
Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the
following information from this instrument before it is filed for record in the public records:
your Social Security Number or your Driver's License Number.
Form ROW-N-14
Rev. 8/2003
Replaces Forms D-15-11, D-15-14, D-15-141, D-15-142,
ROW N-12PT,ROW-N-14, ROW-N-141, and ROW-N-142
GSD-EPC
Page 1 of 2
DEED
Parcel 35
THE STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, the Texas Transportation Commission has been authorized under the Texas Transportation Code
Chapters 203, 224, and 361 to purchase land and such other property rights (including requesting that counties
and municipalities acquire highway right of way) deemed necessary and convenient to a state highway or
turnpike project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to
accomplish any other purpose related to the location, construction, improvement, maintenance, beautification,
preservation, or operation of a state highway or turnpike project, and including the acquisition of such other
property rights deemed necessary for the purposes of operating a designated state highway or turnpike project,
with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on
both non-controlled access facilities, as well as facilitating the construction, maintenance and operation of
designated controlled access highways and turnpike projects;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, CITY OF THE COLONY, TEXAS, a Texas municipal corporation, of the County of Denton, State of
Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of SIX
HUNDRED FIFTY-ONE THOUSAND TWO HUNDRED FORTY-ONE and NO/100ths DOLLARS
($651,241.00) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation
Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or
implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the STATE OF
TEXAS all that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas,
more particularly described in Exhibit "A", which is attached hereto and incorporated herein for any and all
purposes.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the
following improvements located on the property described in said Exhibit "A", to wit: NONE.
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of
ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to
take and use all other minerals and materials thereon, therein and thereunder.
Grantors hereby acknowledge that their use of and access to the state highway facilities and/or turnpike project
(hereafter called highway facility) to be constructed in conjunction with the highway facility of which the land
hereby conveyed shall become a part, shall be and forever remain subject to the same regulation by legally
constituted authority as applies to the public's use thereof; and Grantors further acknowledge that the design and
Form ROW-N-14
Rev. 8/2003
Page 2 of 2
operation of such highway facility requires that rights of ingress and egress and the right of direct access to and
from Grantors' remaining property (if any) to said Highway facility, shall hereafter be governed by the
provisions set out in said Exhibit "A", SAVE AND EXCEPT in the event access, or access points may be
specifically allowed or permitted in said Exhibit "A", such access shall be subject to such regulation as is
determined by the Texas Department of Transportation and/or the Texas Turnpike Authority Division to be
necessary in the interest of public safety and in compliance with approved engineering principles and practices
and subject to compliance with any applicable local municipal or county zoning, platting and/or permit
requirements.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular
the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever, and
Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and
Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against
every person whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the 2U day of 2009.
CITY OF THE COLONY, TEXAS,
a Texas municipal corporation:
By: At a- cej~
Dchkt C1hftk4am
Printed Name
C ► Ma, Y
Title
Acknowledgment
State of Texas,
County of Denton:
ThZinment as acknowledged before in on e , 2009, by _ f~ f ~(,Q 1Cj en ,
as GC. P~ for City o e Colony, Texas, a Texas municipal corporation, on behalf
of said mun° ipal corporate
ga~unupi i
,o~aQY,PUB~,,, fain#tStiE NFU WILSON s 'tYt'
s,
state otTexas
otary Public, State of Texas
s,a4T£oFi`~40°~ My Conni,>sion Expires 11-22-09 4
COUNTY: EN't`ON Page 1 of 3
H CHWA.Y: F.M. 423 Febraaary 20, 2008
ROW C83: 1567-02-030
Description for Parcel 35
Being a 19,419 square foot tract of land situated in the S. E. Hays Survey, Abstract No.
648, in the City of The Colony, Denton County, Texas and being a portion of Lot 2, Black
1 of the Final Plat of Lot °I and Lot 2, Block 1 of the Food Lion Addition, recorded in
Cabinet H, Aide 319 of the fiat Records of Denton County, Texas, and being conveyed to
the City of Tire Colony, Texas, recorded in County Clerk's File loo. 98-0030722 of the
Deed Records of Denton County, Texas. Said 19,419 square foot tract being more
particularly described by metes and bounds as follows:
COMMENCING at a 1f2 inch iron rod found for an interior ell corner of said Got 2, being
the southeast corner of Lot 1 dock 1 of said Food Lion Addition, as conveyed to Straiton-
Housewright Investments Metro, Ltd. recorded in County Clerk°s File No,06-11516 of the
Deed Records of Denton County, Texas;
THENCE South 89 Degrees 1 Minutes 17 Seconds West, along a northerly line of said
Lot 2, and the common south line of said Lot 1, a distance of 150.97 feet to an "X" Cut set
for the POINT OF BEGINNING and being the beginning of a non-tangent curve to the
right,
THENCE departing said common line, over and across said Lot 2, the following courses
and distances:
(1) THENCE along said non tangent curve to the right, having a radius of 1979.86 feet,
a delta angle of 07 Degrees 10 Minutes 59 Seconds, a long chord that bears South
02 Degrees 42 Minutes 38 Seconds East, a distance of 248.05 feet, and an arc
distance of 248.21 feet to an "X" Cut set for corner;
(2) THENCE South 00 Degrees 52 Minutes 51 Seconds West, a distance of 70.01 feet
to an "X" Cut set for comer;
(3) THENCE South 45 Degrees 07 Minutes 56 Seconds East, a distance of 34.75 feet
to a 5/8 inch iron rod with an aluminum cap stamped "TxDOT" set * for corner in
the south line of said Lot 2, and the common north right-of-way line of north Colony
Boulevard as conveyed in right-of-way dedication recorded In Cabinet K, Slide 78
of the Plat Records of Denton County, Texas;
(4) THENCE South 88 Degrees 51 Minutes 16 Seconds West, along the south line of
said Lot 2, and the common north right-of-way line of North Colony Boulevard, a
distance of 79.89 feet to an "X" out found for the southwest corner of said Lot 2,
being at the intersection of the north right-of-way line o Forth Colony Boulevard
and the east right-of-way line of Farm to Market (F.M.) No. 423, as conveyed to the
State of Texas recorded in Volume 1108, Page 290 of the Deed Records of Denton
County, Texas,
EXRWIT "A"
COUNTY: D NTON Page 2 of 3
HIGHWAY: F.M. 423 February 20, 2008
ROW CST: 1567-02.030
Description for Parcel 5
(5) THENCE North 00 Degrees 38 Minutes 29 Seconds West, along the west line of
said Lot 2, and the common east right-of-way line of F.M. No. 423, a distance of
343.36 feet to a point for the northwes=t corner of said Lot 2, being the common
southwest comer of said Lot 1;
(6) THENCE North 8 Degrees 21 Minutes 17 Seconds East, along the northerly line
of said Lot , and the common south line of said Lot 1, a distance of 48.44 feet to
the POINT OF BEGINNING and containing 19,419 square feet of land, more or
less.
The Monument described and set in this call, if destroyed curing construction, may be
replaced with a TxDOT Type 11 Right-of-Way Marker upon the completion of the highway
construction project under the supervision of a Registered Professional Land Surveyor,
either employed or retained by TxDOT.
Basis of Bearings is based on the Texas Mate Plane Coordinate System, NAD 83 (1993
Adj.) North Central Zone, all distances and coordinates shown are surface and may be
converted to grid by dividing by TxD0T conversion factor of 1.000150630.
A parcel plat of even date herewith accompanies this property description.
7
edr , R.P'.L, ~`~brt~a y 20, 2008
rV
tered Professional Land Surveyor
s
Texas Registration No. 4934
Carter Burgess Inc. OF
7950 Eimbrook Dr ~ "T ' °I-
Dallas, Texas 75429
214-638-014 :NARY S,+ E( RU:..
4934 °e
SUR
EXIIBI~T"
PAGE 3 1 [ i i } f '°S i 00T J DRAINAGE ESMT..
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i `i~i9 INVESTMENTS METRO, LTl
1 i E®.~;; to ; P C. C. 46°11510
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FINAL PLAT
c.3 LCT } ANa LOT BLOCK 1 I it A 11
F6 6b LION ADDITION
! P
A f ~7 c. w SLIDE 319
4a w~
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~Ay
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CITY OF HE COLONY TEAS
98-0030722
Y14
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i
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{ I a E,Gi i':.'rt biI T Y O
;I "Xry°' Cut P,.,... TL COLONY
LOT 2"Rc--1
BLOCK 1 fr._ E t
3 F
i i 2€~ i f g ty 4' i ~t7~1 ~l Pove(j
{~~i , E. t I S45007` 50=`E 834_75' _ _ -
+ 26' B YJJDMG L lq£ -i...Y
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E_CI I:. i. 5 3 E >c~r~ 4' .rw..».r»mrn,»n.,mrnmr.xnu,w.m»e..m w >..x.wwwu»».. w,.m, I i i €,rxxwa.
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1 R. rrmurxra..r,,,. • xtl,x.x,..r..w».mw.r. „~;.:r:~m.r....ror ~w»,wwr.:,q..,.._.,_..s
ALL BEARINOS ARE ON THE TEXAS STATE PLANE ° ,°i',i
g~rt~ ,q .AA ~g/~ gg~~ ~y ~
COORDINATE SYSTEM, RAO. 83 13593 adj,} 1YCRTH COLONY BLVD. 140.00'
sBQa UL7$ Re Va lYa
NORTH CENTRAL TONE, ALL DISTANCES Aim SLIDE °T r q ~y ~g g~
COORDINATES SHOWN ARE SURFACE AND MAY e g e41® U aCeTa
BE CONVERTED TO GRID 6Y DIVIDING BY TXDOT CA~g.4~+••"'°•'~°^wCONVERSION FACTOR OF l.00G35D630. f,»,.»a,••'•°w•vwr°„x»r,rn„n x.»x.,»ru, -
LEGEND GRAPHIC SCALE
EXISTING RIGHT OF WAY LINE - - - '
PROPERTY LINE -th O' is ' SO 60 • F
COUNTY LINE - AA
CONTROL OF ACCESS LINE
.
SURVEY LINE PLAT OF P9 SURVEY OF LAND . %
- 19,419 I~ r 7
C€TvCE I.I -X- -5;- s TRACT si^al"1R • CJ. d I_.I~i`~
EASY EASEMENTS LIMITS _ IN THE S.E. PLOYS SURVEY ~ 4934 RAILROAD :ABSTRACT NUMBER 648 '(~~`~-,e~
'[r
STRUCTURE .C~RNU W>vINV !"AAIT OF
C}• TXDGT ALLNINUM DISK SET GN TOP of A 5,,B- INCH LOT 2 BLOCK 1 d S U ~q~
ERON ROG UNLESS OTHERWISE NDTEO OF THE F(}(}p LION A®0I T r{)N TN OF THE COLONY
rOTice iO It de el)10x6dA Bet in jhls0011. Tp if destroyed dxtaq DE.NTON COUNTY, TEXAS
cors,tvtwtt0non, axfy b ~ Tepia with G TXilat Type It Right' of Way '
mwiar om ompietion of the hiqg~Wwoy aaI& mflon °oJeot r
un&r the supervision of a Registered Professional L~Gd Srveyar, 11A tg L DESCRL 11G; .41 EVFA St7i3+EY DATE NGSEWITN
I- I eit a enTilayed or retoiw Q TsDOt lcCL+WAfJIES TFtas FLAT.
PARCEL 35 C. S. J. x 1567-02-030