HomeMy WebLinkAboutRes 90-02 Determining the Necessity of Aquiring Land Located in the William Huff Survey A-648 and A-519RESOLUTION NO. _2 -;
A RESOLUTION DETERMINING THE NECESSITY OF ACQUIRING APPROXIMATELY
41.715 ACRES OF LAND LOCATED IN THE WILLIAM HUFF SURVEY A-648,
TARRANT COUNTY (APPROXIMATELY 40.930 ACRES) AND THE WILLIAM HUFF
SURVEY A-519, DENTON COUNTY (APPROXIMATELY 0.785 ACRES), FOR
RIGHT-OF-WAY PURPOSES AND APPROXIMATELY .294 ACRES OF LAND
LOCATED IN THE WILLIAM HUFF SURVEY A-519, DENTON COUNTY, FOR
DRAINAGE EASEMENTS, ALL IN THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, the Town of Westlake approved State of Texas
Department of Highways and Public Transportation Minute Order
86417 dated October 28, 1987, in regard to construction of State
Highway 170, and the relocation of U.S. Highway 377, and
WHEREAS, the State Department of Highways and Public
Transportation has requested that the Town of Westlake provide
the right-of-way and easements required by the construction
project within the Town's corporate limits; and
WHEREAS, the Town of Westlake desires to acquire said
right-of-way and easements as described on the. Exhibit attached
hereto, NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS:
I.
That it has been determined that public necessity
requires the acquisition of certain interests in land needed for
the construction of State Highway 170 and the relocation of U.S.
Highway 377, to -wit:
Approximately 41.715 acres of land located in
the William Huff Survey A-648, Tarrant County
(approximately 40.930 acres), and the William
Huff Survey A--519, Denton County
(approximately 0.785 acres), for right--of-way
purposes and approximately .294 acres of land
located in the William Huff Survey A-519,
Denton County, for drainage easements, all in
the Town of Westlake, Texas.
as described in Exhibit "A", attached hereto and made a part
hereof for all intents and purposes.
II.
It is hereby determined that a bona fide offer has been
made by the Town Attorney to the following owners or interest
holders:
Paul Hope, Trustee Jerry M. Coleman, Trustee
Lyda Hunt -Bunker Trust Lyda Hunt -Bunker Trust
2400 Thanksgiving Tower 5259 Santa Elena
Dallas, Texas 75021 E1 Paso, Texas 79932
C.H. Mercer, Trustee
Lyda Hunt -Bunker Trust
2400 Thanksgiving Tower
Dallas, Texas 75201
F.C. Vickers, Trustee
Lyda Hunt -Bunker Trust
2400 Thanksgiving Tower
Dallas, Texas 75201
Bob Grammer, Trustee
Lyda Hunt -Bunker Trust
201 Tampico
Irving, Texas 75062
Mary H. Huddleston, Trustee
Lyda Hunt -Bunker Trust
4021 McFarlin
Dallas, Texas 75205
and that if the Town Attorney acting on behalf of the Town of
Westlake and such owners or interest holders cannot agree and
are unable to agree as to the value of said property and to
damages legally allowable by law said property shall be condemned
as authorized below.
The authority to make said offer is in all things
approved, ratified and confirmed.
IV.
The Town of Westlake hereby determines to appropriate
and condemn the interests described in Section I of this
Resolution for the purposes so stated, by the exercise of the
power of eminent domain set forth in Chapter 21, Property Code,
V.T.C.A., and the Constitution and Statutes of the State of Texas
authorizing the condemnation of property.
ff
The Town Attorney is hereby authorized to file the
necessary suits and take whatever action necessary for the prompt
acquisition of the above-described interest in said property.
VI.
This resolution shall take effect immediately upon its
passage as provided by law.
PRESENTED AND PASSED on this the day of r , 1990,
by a vote of ayes and �@ nays at a Board meeting of the
Board of Aldermen of the Town of Westlake, Texas.
Dille L. White, Mayor
Town of Westlake, Texas
ATTEST:
Gel y Whfte, Town Secretary
Town of Westlake, Texas
APPROVED AS TO LEGAL FORM:
Paul C. Isham, Town Attorney
Town of Westlake, Texas
EXH1317
D-18 CSJ 0081-02-043 Parcel 1 S 1E
U.S. HWY. 377
Pace 1 of 7
April 6, 1990
BEING 41.715 acres of land, more or less, of which 0.274 of an acre of land is
within an existing county road right of way easement, also of which 0.785 of
an acre is situated in the W. Huff Survey, Abstract 519, Denton County, Texas,
and 40.930 acres are situated in the W. Huff Survey, Abstract 648, Tarrant
County, Texas and being out of that 548.106 acre tract of land conveyed to
Lyda Hunt -Bunker Trusts by deed as recorded in Volume 8056, Page 1793, Deed -
Records of Tarrant County, Texas, said 41.715 acres of land being more
particularly described by metes and bounds as follows:
PART 1 (41.715 acres)
COMMENCING at a 100d nail found in the approximate centerline of Roanoke Road
being the northeastern property corner of said Lyda Aunt -Bunker Trusts tract
of land and the southeastern property corner of that 29.112 acre tract of land
conveyed to N.B. Hunt by deed as recorded in Volume 1996, Page 781, Real
Property Records of Denton County, Texas;
THENCE South 00 dea. 24 min. 25 sec. West along the eastern property line of
said Lyda Hunt-Bun�er Trusts tract of land for a distance of 158.17 feet to
the POINT OF BEGINNING being in the new northern right of way line of State
Highway 170;
(1) THENCE South OC deg. 24 min.- 25 sec. West continuing along said eastern
property line for a distance of 603.21 feet to a point in the new
southern right of way line of State Highway 170;
THENCE along said new southern right of way line of State Highway 170 as
follows:
(2)
North
89 deg. 35 min. 38 sec.
West for a'distance
of 20.17 feet;
(3)
North
00 deg. 28 min. 38 sec.
East for a
distance of 15.00 feet;
(4)
North
63 deg. 22.min. 36 sec.
West for a
distance of 60.18 feet;
(5)
In a
southwesterly direction
following
a curve to the right having
radius
of 4,603.66 feet, a
beginning
tangent bearing of South
62
deg.
36 min. 24 sec. West,
a central
angle of 04 deg. 35 min.
06
sec.,
for a distance of 368.41
feet;
(6)
In a
southwesterly direction
following a
curve to the right having
a
radius
of 4,603.66 feet, a
beginning
tangent bearing of South
67
deo.
11 min. 31 sec. West,
a central
angle of 04 deg. 40 min.
51
sec.,
for a distance of 376.09
feet;
(7)
In a
southwesterly direction
following a curve to the right having a
radius of 4,603.66 feet, a
beginning
tangent bearing of South
71
dec.
52 min. 21 sec. West,
a central
angle of 07 deg. 36 min.
22
sec.,
for a distance of 611.15 feet;
THENCE along said new eastern right of way line of U.S. Highway 377 as follows:
(11)
South
29 deg. 13 mir..
57 sec.
West for
EXHIBIT
of
20.00 feet;
(12)
South
29 deg. 13 min.
�7 sec.
West for
a distance
--
243.27 feet;
Parcel
] b lE
3; deg. 17 min.
22 sec.
West for
a distance
of
304.38 feet;
(14)
Pace
2 of 7
(8)
South
76
deg.
07
min. 59 sec. Fest
for a distance
of 518.77
feat;
(o)
South
89
deg.
59
min. 04 sec. West
for a distance
of 512.15
feet;
(10)
South
Southpoint
89
dea.
59
min. 04 sec. West
for a distance
of 20.00
feet to a
in
the
new
eastern right of
way line of U.S.
Highway
377;
THENCE along said new eastern right of way line of U.S. Highway 377 as follows:
(11)
South
29 deg. 13 mir..
57 sec.
West for
a distance
of
20.00 feet;
(12)
South
29 deg. 13 min.
�7 sec.
West for
a distance
of
243.27 feet;
(13)
South
3; deg. 17 min.
22 sec.
West for
a distance
of
304.38 feet;
(14)
South
36 dea. 33 min.
26 sec.
West for
a distance
of
1,458.34 feet;
(15)
In a
` radius
dea.
sec.,
southwesterly direction following
of 3,744.72 feet, a beginning
33 min. 26 sec. West, a central
for a distance of 751.52 feet;
a curve to the left having a
tangent bearing of South 36
angle of 11 deg. 29. min. 55
(16) South 28 deg. 31 min. 59 sec. West for a distance of 330.02 feet to
a point in the western property line of said Lyda Hunt -Bunker Trusts
tract of land being in the existing eastern right of way line of
U.S. Highway 377;
(17) THENCE North 25 deg. 03 min. 31 sec. East .along said existing eastern
richt of way line for a distance of 1,360.59 feet to a point in the new
western richt of way line of U.S. Highway 377;
THENCE along said new western right of way line of U.S. Highway 377 as follows:
(18) North 36 deo. 33 min. 26 sec. East for a distance of 866.52 feet;
(19) In a northeasterly direction following a curve to the left having a
radius of 5,654.58 fe Easta aeacentra� angles ofbOlring deg.o 21Nor�36
minh 48
deg. 33 min. 26 sC
sec., for a distance of 726.70 feet;
(24) In a northeasterly direction following a curve to the left having a
radius of 5,654.58 feet, a beginning tangent bearing of }forth 29
deg. 11 min. 38 sec. East, a central angle of 00 deg. 24 min. 19
sec.,for a distance of 40.00 feet to a point in the southwestern
cut-back line of the new western right of way line of U.S. Highway
377 and the new southern right of way line of State Highway 170;
EXH T—r A
parcel 1 b 1E
Pace 3 of 7
(21) THENCE North 32 deg. 04 min. 05 sec. West alono said cut-back line for a
distance or 60.00 feet to a point in the new southern right of way line
of State Highway 1.70;
THENCE along said new southern right of way line of State Highway 170 as
follows:
(22) South 84 deg. 16 min. 26 sec. West for a distance of 20.00 feet;
(23) South 84 deg. 16 min. 26 sec. West for a distance of 245.21 feet to
a point in the existing eastern right of way line of U.S. Highway
377 and beine_ in the western property line of said Lyda Hunt -Bunker
Trusts tract of land;
(24) THENCE North 25 deg. 03 min. 31 sec. East along said existing eastern
right of way line for a distance of.601.51 fent to a point in the new
northern right of way line of State Highway 170;
THENCE along said new northern right of way line of State Highway 170 as
follows:
(25) South 85 deg. 21 min. 10 sec. East for a distance of 255.04 feet;
(26) South 85 Sieg. 21 min. 10 sec. East for a distance of 20.00 feet to a
point in the northwestern cut-back line of the new northern r;ght of
way line of State Highway 170 and the new western right of way line
of U.S. Highway 377;
(27) THENCE Nort-1, E2 deg. 39 min. 45 sec. East along said cut-back line for a
distance of 53.61 feet to a point in the new western right of way line
of U.S. Highway 377;
THENCE alone said new western richt of way line of U.S. Highway 377 as follows:
(26) In a northeasterly direction following a curve to the left having a
radius of 5,654.E8 feet, a beginning tangent bearing of North 22
deg. 16 man. 42 sec. East, a central angle of 00 deg. 12 min: 10
sec., for a distance of 20.00 feet;
(29) In a northeasterly direction following a curve to the left 4having a
radius of 5,654.58 feet, a beginning tangent bearing of Forth 22
deg. 04 min. 33 sec. East, a central angle of 07 deg. 30 min. 32
sec., for a distance of 741.06 feet to a point in the northern
property line of said Lyda Hunt -Bunker Trusts tract of land and
being in the southern property line of that 2.5 acre tract of land
conveyed to Tabernacle Baptist Church by deed as recorded in Volume
714, page 459, peed Records of Denton County, Texas;
r
EXHIBIT A
Parcel 1 b 1E
Page 4 of 7
(30) THENCE South 89 deg. 34 min. 45 sec. East along the common property line
of said Lydd -Hunt-Bunker Trusts tract of land and said Tabernacle
Baptist Church tract of land for a distance of 161.08 feet to a point in
the neer eastern richt of way line of U.S. Highway 377;
THENCE along said new eastern right of way line of U.S. Highway 377 as follows:
(31) South 14 deg. 58 rain. 54 sec. Nest for a distance of 284.61 feet;
(32) South 18 deg. 5F min. 57 sec. West for a distance of 404.85 feet to
a point in the northeastern cut-back line of the new eastern richt
of way line of U.S. Highway 377 and the new northern right of way
line of State Hiahway 170;
(33) THENCE South 35 deg. 09 min. 29 sec. East along said northeastern
cut-back line for a distance of 35.00 feet to a- point in the new
northern right of way line of State Highway 170;
THENCE along said new northern right of way line of State Highway 170 as
follows:
(34) North 89 deg. 59 min. 04 sec. East for a distance, of 20.00 feet;
(35) North 89 deg. 59 min. 04 sec. East for a distance of 939.91 feet;
(36) In a northeasterly direction following a carve to the left having a
radius of 3,254.04 feet, a beginning tangent bearing of North 79
deg. 47 min. 52 sec. East, a central angle of 02 deg. 49 min. 3C
sec., for a distance of 160.45 feet;
(37) In a northeasterly direction following a curve to the left having a
radius of 3,254.04 feet, a beginning tangent bearing of North 76
deg. 58 min. 21 sec. East, a central angle of 03 deg. 22 min.
48 sec., for a distance of 191.97 feet;
(38) In a northeasterly direction following a curve to the left having a
radius of 3,254.04 feet, a beginnina tangent bearing of 'North 73
deg. 35 min. 33 sec. East, a central angle of 14 deg. 37 min. 36
sec., fcr a distance of 830.70 feet;
(39) North 00 deg. 28 min. 38 sec. East for a distance of 99.86 feet;
(40) South 89 dea. 31 min. 22 sec. East for a distance of 19.43 feet to
the POINT OF BEGINNING, and containing an area of 41.715 acres of
land, more or less, of which 0.274 of an acre of land, more or less,
is within an existing county road right of gray easement.
EXHIBIT :'-
Parcel 1 b IE
Page 5 of 7
Access will be permitted to the remainder of tract abutting the highway
facility along the new eastern right of way line of U.S. Highway 377 along the
following calls:
Calls 412 through 415, 431 and 432
Access will be denied to the remainder of tract abetting the highway facility
aTong the new Pastern right of Nay line of U.I. Highway 377 along the
following calls:
Calls 411 and r33 (SH 170 cut-back corner)
Access will be permitted to the remainder of tract abutting_ the highway
facility along the new western right of way line of U.S. Highway 377 along the
following calls:
Calls 418, 414, and f29
Access will be denied to the remainder of tract abutting the highway facility
along the new western right of way line of U.S. Highway 377 along the
following calls:
Calls 420, 421 (SH 170 cut-back corner), 427 (SH 170 cut-back corner),and R8
Access will be permitted to the remainder of tract abutting the highway
facility along the new northern right of way line of State Highway 170 along
the following calls:
Calls 125, 05, 6, 08, and #39
Access will be denied to the remainder of tract abutting the highway facility
along the new northern right of way line of State Highway 170 along the
following calls:
Calls 425, 434, and 437
Access will be permitted to the r mainder of tract abutting the highway
facility along the new southern right of way line of State Highway 170 along
the following calls:
Calls 43, 44, 45, 17, 48, 49, and 423
Access will be denied to the remainder of tract abutting the highway facility
along the new southern right of way line of State Highway 170 along the
following calls:
Calls V, 410, and 422
EXHIBIT A
Parcel 1 A 1E
Face 6 of 7
AND IN ADDITION THERETO
EASEMENTS for the purpose of opening, construction and maintaining a permanent
drainage channel in, along, upon and across the following described two tracts
of land, with the right and privilege at all times of having ingress, egress
and regress in, along, upon and across such tracts of land for the purpose of
malting additions to, improvements on and repairs to the said drainage channel
or any part thereof, said two tracts of land being out of and part of the
aforesaid 548.106 acre tract of land being hereinafter designated as Parts 2
and 3 individually described by metes and bounds as follows:
PART 2 - Drainage Easement (0.239 of an acre)
W. Huff Survey, A-519
COMMENCING at the northwestern property corner of said Lyda Hunt -Bunker Trusts
tract of land being the southwestern property corner of that 2.5 acre tract of
land conveyed to.Tabernacle Baptist Church as recorded in Yolume 714, Page
459, Deed Records of Denton County, Texas, and being in the existing eastern
right of way line of U.S. Highway 377;
THENCE South 25 deg. 03 min. 31 sec. West along said existing eastern right of
way line of U.S.. Highway 377 for a distance of 4,296.45 feet to a point at the
intersection of the existing eastern right of way line of U.S. Highway 377 and
the new eastern right of way line of U.S. Highway 377;
THENCE along the new eastern right of way line of U.S. Highway 377 as follows.
North 28 det. 31 min. 59 sec. East for a distance of 330.02 feet;
In a northeasterly direction following a curve to the right having a
radius of 3,744.72 feet, a beginning tangent bearing of North 25 deg.
03 min. 31 sec. East, a central angle of 09 deg. 01 min. 58 sec., for
a distance of 590.36 feet, to the POINT OF BEGINNING of the herein
described tract of land;
(1) THENCE ccntiruing along said new eastern right of way line in a
northeasterly direction following a curve to the right having a radius
of 3,744.72 feet, a beginning tangent bearing of North 34 deg. 05. min.
29 sec. East, a central angle of 01 deo. 13 min. 29 sec., for distance
of 80.05 feet; V
(2) THENCE South 53 deg. 19 min. 48 sec. East departing said new eastern
right of way line for a distance of 131.12 feet;
(3) THENCE South 36 deg. 40 min. 12 sec. West for a distance of 80.00 feet;
(4) THENCE North 53 deg. 19 min. 48 sec. Wrest for a distance of 128.37 -feet
to the POINT OF and containing an area of 0.239 of an acre of
land, more or less.
EXII1B1T A
Parcel 1 X 1E
Pace 7 of 7
PART 3 - Drainage Fasement (C.CES of an acre)
W. Huff Survey, A-519
COMMENCING at the northwestern property corner of said Lyda Hunt -Bunker Trusts
tract of lard being the southwestern property corner of said 2.5 acre tract of
land conveyed to Tabernacle Baptist Church and being in the existing eastern
richt of way line of U.S. Highway 377;
THENCE South 25 deo. 03 min. 31 sec. West along said existing eastern right of
way line of U.S_ Highway 377 for a distance of 2,935.86 feet to a point in the
new western richt of way line of U.S. Highway 377;
THENCE. along said new western right of way line of U.S. Highway 377 as follows:
North 36 deg. 33 min. 26 sec. East for a distance of 886.52 feet;
In a northeasterly direction following a curve to the left having a
radius of 5654.58 feet, a beginning tangent bearing of North 36 deg.
33 min. 26 sec. East, a central angle of 01 deg. 31 min. 15 sec.,
for a distance of 150.09 feet, to the POINT OF BEGINNING of the
herein described tract of land;
(1) THENCE North 55 deo. 16 min. 03 sec. best departing said new western
right of way line for a distance of 40.00 feet;
(2) THENCE North 34 deg. 43 min. 57 sec. East for a distance of 60.00 feet;
(3) THENCE South 55 dea. 16 min. 03 sec. East for a distance of 40.00 feet
to a point in said new western right of way line of U.S. Highway 377;
(4) THENCE along said new western right of way line in a southwesterly
direction foilowina a curve to the right having a radius of 5,654.58
feet, a beginning tangent bearing of South 34 deg. 25 min. 42 sec. West,
a central angle of 00 deg. 36 min. 29 sec., for a distance of 60.00 feet
to the POINT OF 9EGINNING, and containing an area of 0.055 of an acre of
land, more or less.
Ck
BERNARD H_ LOHEAC
G .
....................
. 4 322.�.' ' ��