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HomeMy WebLinkAboutResolution No. 09-042 RESOLUTION NO. 09- 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 $12,984.00 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 15t" day of June, 2009. G oe MqC ,;_1~ilayor AT ristie Wilson, City Secretary ,y o APPROV D S T VF Robert E. Hager, City orney (REH/cdb) (06/03/09) TM 37348.76.000 Fonn ROW-A-RA COPY Rev. 3/2004 (GSD-EPQ (Page 1 of 1) ACKNOWLEDGMENT OF RECEIPT OF APPRAISAL REPORT County: Denton District: Dallas Federal Project No.: N/A Parcel No.: 76 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 4 N e 0 q , 2009, of a copy of an appraisal report prepared by John G. Hirschy, 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 XV &JX4"1 Dale Cheatham, City Manager Return one signed copy to: Halff Associates, Inc. Attn: Josh Canuteson 1201 North Bowser Road Richardson, TX 75081-2275 it MEMORANDUM OF AGREEMENT June 4, 2009 County: Denton Parcel: 76 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, Texas 75056 Dear Mr. Cheatham: The City has indicated a willingness to sign a deed for its property which consists of a total of 1,046 square feet, located at 4180 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 $12,984.00 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 Tx DOT obtains clear title. They will not endorse Forays ROW-N-1 Rev. 3/2004 GSD-TPC Page 1 oft 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. by: John Howell, 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 Xt2 'Ic~cj\e ef m AY11 C ri7 IIM03e - ;t y Lee o q Date Tax Identification Number (TIN) Fonn ROW-N-1 Rev. 3/2004 Page 2 of 2 Notice of Confidentiality Rights: If you are a natural person, you may remove or stake 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. T (MI6 t/aAnrtmehz .a rre.A~,a.Form ROV'-N44 Rev. 812003 Replaces Fonns D-15-11, D-15-14, D-15-141, D-15-142, ROW-N-I2PT,ROw-N-14, Row-N-141, and ROW-N-142 GSD-EPC Page 1 of 2 DEED Parcel 76 THE STATE OF TEXAS § § COUNTY OF DENTON - § WHEREAS, the Texas Transportation Commission has been authorized under the Texas 'T'ransportation 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 'T'exas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of TWELVE THOUSAND NINE HUNDRED EIGHTY-FOUR and NO/100ths DOLLARS ($12,984.00) 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 anchor 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. 812003 Page 2 of 2 operation of such highway facility- rewires 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 i L41 day of L k"144), 2009. i-f CITY OF THE COLONY, TEXAS, a Texas municipal corporation: (a ~ By: Dade &M*A M Printed Name t. qy Title Acknowledgment State of Texas, County of Denton: C Thjg instrument was acknowledged before me o 2009, by t as - for City of The Colony, Texas, a Texas municipal corporation, on behalf of said municipal corporation., CHRIRT1E NEU WILSON y n, 1w. state of TEZas Notary Public, State of Texas ~;'j y¢.AQ4 Ci~iiiFri'-"~SPG(i EllpiPCS 11°22.09 `Se ZiiNi N~~,' ~~~~v i►►v~1 EXHIBIT "A" ` COUNTY: DENTON 'ago 1 of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CS3. 1567-02-030 Description for Parcel 7 Being a 1,046 square foot tract of land situated in the T. Wilson Survey, Abstract No. 1352, in the City of The Colony, Denton County, Tees and being a portion of a tract of land described in deed to The City of The Colony, recorded in Volume 3058, Page 0728 of the Deed Records of Denton County, Texas. Said 1,046 square foot tract being more particularly described by metes and bounds as fellows: COMMENCING at a 518 inch iron rod with an aluminum cap stamped '7007' set** for the southwest corner of said City of the Colony tract, being the northwest corner of a right- of-way dedication recorded in Cabinet P, Slide 27 of the Plat Records of Denton County, Texas, and being on the east right-of-way line of Farm to Market (l",M.) Nod 423 (a variable width right-of-way) as conveyed to the State of Texas, recorded in Volume 1154, Rage 870 of the Deed Records of Denton County, Texas; THENCE forth 12 Degrees 22 Minutes 54 Seconds West along the west line of said City of The Colony tract, and the east right-of-way line of F.I.Pao. 423, a distance of 63.49 feet to a 518 inch iron rod with an aluminum cap stamped "TxDCT" set** for the POINT OF BEGINNING; (1) THENCE North 3 Degrees 15 Minutes 45 Seconds West, continuing along the west line of said Cite of The Colony tract, a distance of 45.99 feet to a 618 inch iron rod with an aluminum cap stamped '7007' set** for corner; THENCE departing said common lines over and across said City of The Colony tract, the following courses and distances: (2) THENCE South 73 Degrees 59 Minutes 21 Seconds East, a distance of 56.67 feet to a 5/8 inch iron rod with an aluminum cap stttampe "TxDOT" set** for corner, (3) THENCE South 15 Degrees 29 Minutes 0 Seconds East, a distance of 20.38 feet to a 5/8 inch iron rod with an aluminum cap stamped "TxDCT" set** for corner, (4) THENCE South 89 Degrees 22 Minutes 29 Seconds West, a distance of 30.81 feet to the POINT OF BEGINNING and containing 1,446 square feet of land, more or less. EXHIBIT "A" COUNTY. DENTO Page 2 of 3 HIGHWAY: P.M. 423 February 20, 2008 OW C=ST: 1567-02-030 Description for Parcel 7 The Monument described and set in this call, if destroyed during construction, may be replaced with a TxD0 T Type If 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 can the Texas State Plane Coordinate Systems, NAD 83 (1993 Adj.) North Central Zone, all distances and coordinates shown are surface and may be converted to grad by dividing by TxDOT conversion factor of 1.000150 30, A parcel plat of even date herewith accompanies this property description. Ved , $ . February 20, 2008 alsRtered rofessional l Land Surveyor Texas registration No. 4934 OF 7- Carter Burgess Inc.` STS 7950 Ei brrook Dr : ° .rte Dallas, Texas 75429 S. j'ED(j GARY 214-638-0145 4934 c 'C EXHIBIT "A" PAGE 3 OF 3 T. WILSON SURVEY ABSTRACT O. 1352 w e THE CITY OF THE COLONY CITY of .1 VOL. 3058y PG.... THE COLONY 5730 D. R. > C. Cot 6~ v,~ 1 9,9 (a 397 . S89* 22'29"W " U C, 30¢ 81 ! Y r:: b ~ ca P. 0. B. ! STATE OF-TEXAS BUT. t WL. 1 ; OB, ...PGa . 29 tt S I ATE ~F TEXAS EJSMTa : \VOL. 1 ~54, PG. /576 D. R~~, C. T, rHE CITY 'THE COLONY Qk.: " d CAS. P` \SL I DE 27 . f j s-~ t qu n 1 D ~a T. I`1 m6 ,r \ \ ALL $FARIMOS ARE ON T14E TEXAS STATE PLANE 1 Y C03RDINAM SYSTEM, MAD. " M93 ndb) SJ / \ NORTH CENTRAL ZONE, ALL LTISTANCC5 00 CODR0tNATEs sWJWN ARi SURFACE AND MAY K CONVERTED TO OR[D BY DIVIDIN0 BY MOT CQNVERSLOM FACTOR OF 1-000150630- _ LEGEND EXIS9'YMC RIGHT OF wAr LINE a1~ PROPERTY LINE GRAPHIC SCALE taa °4, COW,tyy LINE 0` 15' 517' ° com.mOL or ACCESS LINE G~1,.~"+Y V GitftO SURVEY LINE _ -----°r; FENCE LEND '--•X. x---- .,dt... 4934 CITY LIMITS EASEMENTS A PLAT OF A SURVEY OF RAILROAD m~ 1 p 046 5.F', TRACT OF LAND ~ .$`~j•~~ SYRUCTME IN ` HE _ WILSON SURVEY 0 . Tx00T ALMiINJ9 DISF, SET ON TOP 9F A 5/e° INCH AS IRON 000 LMLES5 OTWERIVI5E NOTED ABSTRACT NUMBER 1 352 CITY OF THE COLONY ew The ftuwM desc~iDed end sef In fhls Gal I, E: destry~d during 1 construction, esrr he reptomd wtfh o 3x0of Tw If Riot o3 Way DENTON COUNTY, TEXAS darker Blimp #efltkl of the blo way eglsfruotion }x ,W color the sUperv.siM 03 0 Registered Professional La surveyor, a i ec o se~arp, e r Ev&m .Q /my PArE mvp7 'a y-m either exoicyed or reta7Red by 1xDof. ACCO ANTES Tads pcnr.