HomeMy WebLinkAboutRes 91-07 Contractual Agreement for Right-of-Way ProcurementRESOLUTION NO. 7-91
WHEREAS, it is necessary for the widening of State Highway 114
for certain tracts or parcels of land to be acquired; and
WHEREAS, some of the tracts are in Westlake and some are in
Trophy Club; and
WHEREAS, the Town of Trophy Club is desirous of the Town of
Westlake acquiring those tracts and the right-of-way situated in
Trophy Club pursuant to an interlocal cooperation agreement; and
WHEREAS, Maguire/Thomas Partners - Westlake/Southlake
partnership and MTP -IBM Phase II and III Joint Venture has agreed
with the State Department of Highways and Public Transportation for
the State of Texas to contribute to the purchase of Parcels 9 -
Part 2, 9E - Part 2, 10 and 10 TE in an amount not to exceed
$250,000.00; and
WHEREAS, the State Department of Highways and Public
Transportation has agreed to reimburse the Town for those costs in
excess of $250,000.40; and
WHEREAS, it is necessary to approve an agreement between
Westlake, and the State Department of Highways and Public
Transportation; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS:
That the Contractual Agreement for Right of Way Procurement by
and among the Town of Westlake, Texas, and the State Department of
Highways and Public Transportation for the State of Texas, attached
hereto as Exhibit "A", is hereby approved and the Mayor of the Town
of Westlake is hereby authorized to execute the same on behalf of
the Town.
PASSED AND APPROVED this 1st day of July, 1991.
Dale White , Mayor
ATTEST:
Ge Whife, Town Secretary
APPROVED AS TO FORM:
,C -L/ . - ---J
Paul C. Isham, Town Attorney
\373-23.010\013.res
Contractual Agreement
for
111t.4111 u'llilill�� 11 11' Jill
THE STATE OF TEXAS Contract No.
County Denton
CC= OF TRAVIS Project No.
CSJ No. 0353-2-046
Account No. 4018-1-3
This Agreement by and between the State of Texas, acting by and through the State
Department of Highways and Public Transportation, hereinafter called the State,
and the Town of Westlake —, Texas, acting by and through its duly
authorized official under Resolution dated the / 6 day of
ge 10 -Ae M � CI —, 19-3j—, hereinafter called the City, shallbeeffective on
the date of approval and execution by and on behalf of the State.
WBMMS, the to has deemed it necessary to make certain highway improvements on
Highway No. 114 - From —_--0.3 Mi. West of Trophy Lake Drive
To the Tarrant -Denton gg�Lm Line
, which will necessitate the acquisition of right
of way identified as Parcels 9 -Part 2, 9E -Part 2, 10 and TOTE more particularly
described on E>diibit A and attached hereto and incorporated herein for all
purposes-
WEEMS, it is agreed that such right of way purchase shall be by joint effort of
the State and the City as specified in this Agreement;
A ill
UT, THEREFORE be it agreed that acquisition of such right of way shall be in
accordance with the terms of this contract and in accordance with applicable
Federal and State laws governing the acquisition policies for acquiring real
prcperty. The State hereby authorizes and requests the City to proceed with
acquisition and the State agrees to reimburse the City as hereinafter provided for
the cost of such right of way providing such acquisition and reimbursement are
accomplished according to the provisions outlined herein and agreed to by both
parties hereto.
Preliminary TILtle Investigation: The State without cost to the City, will do the
necessary preliminary title investigation in order to supply to the City the data
and instruments necessary to obtain title to the desired right of way which is
acceptable to the state.
Determination of Right of Way Values: The City agrees to make a deternination of
property values for each right of way parcel by methods acceptable to the City and
to the State and to submit to the State's District Office a tabulation of the
values so determined, signed by the appropriate city representative. such
tabulations shall list the parcel numbers, ownership, acreage, and recommended
cmpensation. Coq3ensation shall be sham in the component parts of land taken,
itemization of improvements taken, damages, if any, (offset by enhancements, if
any,) to the remainder, if any, and the amounts the total ccimpensation will be
reduced if the owner retains improvements. This tabulation shall be accompanied
by an explanation to support the determined values, together with a copy of
appraisals, information and reports used in arriving at all determined values.
Such work will be performed by the City at its expense without cost participation
by the State. The State will review the data submitted and may base its
reimbursement on the values which are determined by this review. The State,
however, reserves the right to perform at its awn expense any additional
investigation it deems necessary, including, but not limited to, new or
supplemental appraisal work by State employees or by employment of fee appraisers,
all as may be necessary for determination of values to constitute the basis for
State reimbursement. If at any stage of the project development it is determined
by mutual agreement between the State and City that there should be waived the
requirement that the City submit to the State property value determinations for
any part or all of the required right of way, the City will make appropriate
written notice to the State of such waiver, such notice to be acknowledged in
writing by the State. In instances of such.waiver, the State by its due processes
and at its own expense will make a determination of values to constitute the basis
for State reimbursement.
Acqulsltianare® The State will notify the City as soon as possible as to
the State's determination of value. All attempts to agree on compensation due the
property owner will be the responsibility of the City without participation by the
State; however, the City will notify the State immediately prior to closing the
transaction so that a current title investigation may be made to determine if
there has been any change in the title. All attempts to agree will be performed
in accordance with applicable State policies and procedures. The City will
deliver properly executed deeds for Parcels 9-Part 2 and 10, and properly executed
easements for Parcels 9E-Part 2 and 10TE, which together with any curative
instruments found to be necessary as a result of theState's title investigation
will properly vest the necessary and acceptable title in the State for each right
Of way parcel involved as described on Exhibit A. Said deeds and easements will
be in a form acceptable to the State and the State shall have the right to approve
the contents of all said deeds and easements before final closing of each parcel.
The costs incidental to negotiation and the costs of recording the right of way
instruments will be the responsibility of the City. The exist of title
investigation will be the responsibility of the State.
Relocation e and hie a : The State, without participation by
the City, will perform relocation advisory services and make payments required to
relocate persons or personal property displaced from the right of way in
compliance with the provisions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and in accordance with thestate's
approved policies for relocation of persons and personal property. Incidental
expense incurred by property owners in conveying the required right of way to the
State will be reimbursed by the State in compliance with Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and in
accordance with approved State policy.
CMdemnation: Upon a failure to agree on compensation due a property owner of a
Parcel as set forth above, condemnation proceedings to acquire that parcel as
shown on Exhibit A will be instituted by the City. The City will obtain from the
State, without cost, current title information at the time condemnation
Proceedings are to be initiated. Said proceedings will be initiated at a time
selected by the City and will be the City's responsibility at its own expense,
including all attorneys fees except as hereinafter indicated. The City will
accomplish the legal Procedures and curative matters found to be necessary as a
result of the title investigation. If condemnation becomes necessary, the city
shall seek and obtain a judgment vesting in the to full fee sirple title except
oil, gas and sulphur for Parcels 9 -Part 2 and 10 and shall seek and obtain a
judgment vesting in the to the necessary easement title for Parcels 9E -Part 2
and 10TE. The City shall cause to be issued a title policy in favor of the to
which insures the necessary title and which shall be subject to the approval of
the State. Any decision to appeal a judgment to the proper appellate court shall
rest solely with the to and the City agrees to be bound by that decision and
shall -diligently pursue the proceedings accordingly. If during any stage of the
condemnation proceeding a settlement offer is received, said offer shall be
immediately transmitted to the State. The State shall have the full authority to
accept or reject any and all terms and provisions of any settlement offer, and the
City agrees to be bound by said decision and to diligently pursue the condemnation
action accordingly.
Court Costs, Costs of Sc�?ecial Comissial=s I Hearings and Appraisal Eqx3ise:
Court costs and costs of Special Cmmissioners I hearings as sed against the
State or City in condwmtion proceedings conducted on behalf of the State and
fees incident thereto, Will be paid by the City. Such costs and fees, with the
exception of recording fees, will be eligible for State reimbursement as
hereinafter provided and under the established reinbursement procedure provided
such costs and fees are eligible for payment by a, under existing state
law. Where the City uses the State's appraisers employed on a fee basis in
Special Commissioners, hearings or subsequent appeals, the cost of the appraiser
of updating the report, of preparing new reports, preparing for court testimony
and appearing in court to testify in support of the appraisal, will be paid direct
by the City, but will be eligible for State reimbursement in accordance with this
Agreenient, provided prior approval for such appraiser has been obtained froin the
State. The fee paid the appraiser by the City shall be in accordance with the fee
schedule set forth in the appraiser's contract for appraisal services with the
State. The cost of employing other witnesses, preparation of exhibits, and other
services deemed necessary by the City shall, be eligible for reimbursement by the
state in accordance with the provisions of this Agreement.
Inpruvments: Property owners will be afforded an opportunity in the negotiations
to retain any or all of their improvements in the right of way taking. In
anticipation of the owner desiring to retain improvements, the State's approved
value will include the amounts by which the upper limit of to reimbursement, if
any, will be reduced for the retention. It is further agreed that the upper limit
for the State's reimbursement, if any, in the City®s cost for an improved parcel
will be reduced as shown in the State's approved value where the owner retains an
improvement which is to be moved by either the City or the owner. In the event
the inprovements which are, in whole or part, a part of the right of way taking
are not retained by the owner, title is to be secured in the name of the State.
In the acquisition of a structure severed by the right of way line if the part of
the house, building or, similar structure outside the right of way cannot be
reconstructed adequately, or there is nothing but salvage left, reimbursement, if
any, will be based upon acquisition of the entire structure, provided the to®s
value is established on this basis and provided title to the entire structure is
taken together with the right to remove said entire structure in the name of the
State. The State shall dispose of all improvements acquired. The net revenue
derived by the to from the disposition of any improvements sold through the
-3-
If the City prefers not to execute a lurrp sLun agreement for fencing, the State's
reimbursez�ent will be based on the actual cost of such fencing. The City's
request for reimbursement will be supported by a breakdown of the labor, materials
and equipment used.
Notwithstanding anything herein to the contrary, any reimbursement from the state
is contingent upon the City delivering to the State the owner's title policy in
the name Of the State covering the parcel, which owner's title policy shall •.-
• y
e
by this Agreement and shall make such records available for inspection and copying
by the State at the office of the City during the term of this Agreement and for a
period of three (3) years from the date of final acquisition of each parcel, or if
applicable, from the date of final reimbursement by the state on each parcel.
General: It is understood that if unusual circumstances develop in the right of
way acquisition which are not clearly covered by the terms of this Agreement, such
unusual circumstances or problems will be resolved by mutual agreement between the
State and the City.
TOWN OF
By:47-
irayo
AT=:
I SOILIDIO-014 Iola %I, M a 0
Distr!H,fAnaineer
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work programs
heretofore approved and authorized by
the State Highway and Public
Transportati-on Commission under the
authority 4/inute Or
,c* 82513.
19M
Date-.-
of Way
10,14:1
Denton County
SH 114
From: SH 170
To: Tarrant/Denton Co. Line
Page 1 of 2
Parcel 9
0353-02-039
8018-1
D-15-12
May 17, 1991
Being 1.053 of an acre of land, more or less of which 0.026 of an acre is situated in the C.
Medlin Survey, Abstract 823, Denton County, Texas and 0.595 of an acre is situated in the
William Pea Survey, Abstract 1045, Denton County, Texas and being out of and a portion of the
remainder of that certain 127.140 acre tract of land being a part of Tract I conveyed to Gibraltar
Savings Association by deed as recorded in Volume 837, Page 16, Deed Records of Denton
County, Texas and also being out of that certain tract of land known at Tract IV conveyed to
Gibraltar Savings Association by deed as recorded in Volume 1229, Page 201, Deed Records of
Denton County, Texas; said 1.053 of an acre being hereinafter designated as Parts I and 2
individually described by metes and bounds as follows:
PART 1 - 0.026 of an acre
C. Medlin Survey, A-823
COMMENCING at a '/, inch iron rod found in the easterly property line of said 127.140 acre
tract of land and being in the curved easterly right of way line of Trophy Club Drive;
THENCE along said curved easterly right of way line in a southwesterly direction following a
curve to the left having a radius of 556.56 feet, a central angle of 48 degrees 47 minutes 54
seconds, an arc distance of 474.02 feet and a chord which bears, South 44 degrees 20 minutes
55 seconds West, a distance of 459.82 feet;
THENCE South 19 degrees 58 minutes 22 seconds West continuing along said easterly light of
way line for a distance of 90.01 feet to the POINT OF BEGINNING being in the new northern
right of way line of State Highway 114;
1) THENCE along said new northern right of way line along a curve to the left having a
radius of 75.00 feet, a central angle of 88 degrees 50 minutes 42 seconds, an arc distance
of 116.30 feet, a beginning tangent bearing of South 19 degrees 58 minutes 22 seconds
West and a chord which bears, South 24 degrees 26 minutes 59 seconds East, a distance
of 104.99 feet to a point in the existing northern right of way line of State Highway 114;
2) THENCE North 68 degrees 52 minutes 19 minutes West along said existing northerly right
of way line for a distance of 73.50 feet to a point in the existing easterly right of way line
of Trophy Club Drive;
Denton County Parcel 9
SH 114 0353-02-039
From: SH 170 8018-1
To: T=ant/Denton Co. Line D-15-12
May 17, 1991
3) THENCE North 19 degrees 58 minutes 21 seconds East along the existing easterly right
1.) Z�
of way line of Trophy Club Drive for a distance of 7' ).50 feet to the POINT OF
BEGINNING, and containing an area of 0.026 of an acre of land, more or less.
PART 2 - 0.595 of an acre
Wm. Pea Survey, A-1045
COMMENCING at the northeasterly property comer of said Tract IV being in the southerly right
of way line of Indian Creek Drive (80 feet wide);
THENCE South 00 deg. 04 min. 32 sec. East departing said southerly right of way line along the
easterly property line of said Tract IV for 'a distance of 414.35.. feet to the POINT OF
BEGINNING being a/, inch iron rod found in the northerly right of way line of State highway
114 and also being the southeastern property comer of said Tract IV;
I
(1) THENCE North 71 deg. 03 min. 52 see. West along said existing northerly right of way
I I -
line for a distance of 478.75 feet to a point in the new northerly right of way line of State
Highway 114;
THENCE along the new northerly right of way line of State Highway 114 as follows:
(2) North 42 deg. 26 min. 03 sec. East for a distance of 75.45 feet;
(3) South 68 deg. 12 min. 19 sec. East for a distance of 400.50 feet;
(4) South 25 deg. 44 sec. 39 sec. East for a distance of 69.22 feet to the POINT OF
BEGINNING, and containing an area of 0.595 of an acre of land, more or less.
DCPC9J7ND 5 — I-1- .,;\ �
0 F
41
ERNARD H. LOHEAG
Denton County
SH 114
From: SH 170
To: Tarrant/Denton Co. Line
Parcel 9E
0353-02-039
8018-1
D-15-31
May 17, 1991
BEING 0.314' ) of an acre of land, more Or less, of which 0.219 of an acre is situated in the C.
:Medlin Survey, Abstract 823, Denton County, Texas and 0.124 of an acre is situated in e
William Pea n th
Survey, Abstract 1045, Denton County, Texas and being out of and a portion of
Tract "A" of Lake Forest Village Phase Three, a subdivision as recorded in Cabinet B, Page 160,
Plat Records of Denton County, Texas and being out of and a portion ofthatcertain Tract IV
conveyed to Gibraltar Savings Association by deed as recorded in Volume 1244, Page 63-8, be --
Records of Denton County, Texas; and also as recorded in Volume 1229, Page 201, Deed
Records of Denton County, Texas; said 0.343 of an acre of land being hereinafter designated as
Parts I and 2 individually described by metes and bounds as follows:
PART I - 0.219 of an acre
C. Medlin Survey, A-823
COMMENCING at a 51s inch iron rod found in the curved southerly right of way line of Trophy
Club Drive being the northwestern property comer of said Tract I-V;
I
THENCE South 00 degrees 04 minutes 32 seconds East departing said southerly right of way line
along
the most westerly property line of said Tract rV for a distance of 620.35 feet to a % inch
iron rod found in the existing northerly right of way line of State Highway 114 being the
southwestern property comer of said Tract IV;
THENCE South 71 degrees 03 minutes 52 seconds East along said existing northerly right of way
line for a distance of 865.02 feet to the POINT OF BEGINNING of the herein described tract
of land;
1) THENCE North 46 degrees 04 minutes 20 seconds East departing said existing northerly
right of way line fbi a distance of 109.84 feet;
2) THENCE South 72 degrees 52 minutes 11 seconds East for a distance of 10.00 feet;
3) THENCE South 17 degrees 07 minutes 49 seconds West for a distance of 100.00 feet to
a point in said existing northerly right of way line of State Highway 114;
4) THENCE North 71 degrees 03 minutes 52 seconds West along said existing northerly right
of way line for a distance of 123.21 feet to the POR'rr OF BEGINNING, and containing
an area of 0.219 of an acre of land, more or less.
i)enton county
Parcel 9E
SH 114 0353-02-039
From: SH 170 8018-1
To: Tarrant/Denton Co. Line D-15-31
May 17, 1991
PART 2 - 0.124 of an acre
Wm. Pea Survey, A-1045
COMIN-1ENCING at the northeasterly property comer of said Tract IV being in the southerly right
of way line of Indian Creek Drive (80 feet wide);
THENCE South 00 deg. 04 min. 32 sec. East departing said southerly right of way line along the
easterly property line of said Tract IV for a distance of 414.35 feet to a 51, inch iron rod found
in the northerly right of way line of State Highway 114 being the southeastern property comer
of said Tract IV;
THENCE North 71 deg. 03 min. 52 see. West along said existing northerly right of way line for
a distance of 626.30 feet to the POINT OF BEGINNING of the herein described tract of land;
(1) THENCE North 71 deg. 03 min. 52 sec. West continuing along
- said existing northerly right
of way line for a distance of 70.12 feet to a3/4 inch iron rod found being the souheastem
boundary comer of Lake Forest Village Phase Three, a subdivision as recorded in Cabinet
B, Page 160, Plat Records of Denton County, Texas;
(2) THENCE North 36 deg. 44 min. 28 sec. East departing said existing northerly right of way
C7
line along the eastern boundary line of said Lake Forest Village Phase Three for a distance
of 105.03 feet;
(3) THENCE South 71 deg. 03 min. 52 sec. East departing said eastern boundary line for -a
distance of 38.00 feet;
(4) THENCE South 18 deg. 56 min. 08 sec. West for a distance 'of 100.00 feet to the POINT
OF BEGINNING, and containing an area of 0.124 of an acre of land, more or less.
DCPC9ETND
r,
BERNARD H. LOHEAC
�4
4022
� �Q s:�m°�4,�4
U -4
EXHIBIT A
Page I of I
Denton County
Parcel 10
SH 114
0353-02-039
From: SH 170
8018-1
To: Tarrant/Denton Co Line
D-15-12
May 17, 1991
BEING 1.929 acres of land, more or less, situated in the William Pea Survey, Abstract 1045,
Denton County, Texas and being out of that certain tract of land conveyed to Rhonda C. Decker -
Chandler by deed as recorded in Volume 1139, Page 580, Deed Records of Denton County,
Texas: said 1.929 acres of land being more particularly described by metes and bounds as
follows:
COMMENCING at a/, inch iron rod found with yellow cap stamped "Carter & Burgess" being
the southeastern property comer of said Decker -Chandler tract and also being an angle point in
the western property line of that 232.921 acre tract of land conveyed to MTP -IBM Phase H and
III Joint Venture by deed as recorded in Volume 2190, Page 636, Deed Records of Denton
County, Texas;
THENCE South 89 deg. 46 min. 50 sec. West along the southerly property line of said Decker -
Chandler tract for a distance of 258.05 feet to the POINT OF BEGINNING being the
southwestern property comer of said Decker -Chandler tract in the existing easterly right of way
line of Precinct Line Road;
1) THENCE North 00 deg. 24 min. 52 sec. West along the westerly property line of said
Decker -Chandler tract and the easterly right of- way line of Precinct Line Road for a
distance of 594.68 feet to the northwestern property comer of said Decker -Chandler tract
being in the existing southerly right of way line of State Highway 114;
2) THENCE South 71 deg. 03 rain. 52 sec. East along the existing southerly right of way line
of State Highway 114 for a distance of 272.63 feet to a 518 inch iron rod found with yellow
cap stamped "Carter & Burgess" being the northeastern property corner of said Decker -
Chandler tract;
3) THENCE South 00 deg. 30 min. 24 sec. East departing said existing southerly right of way
line along the easterly property line of said Decker -Chandler tract for a distance of 318.96
feet to a point in the new southerly right of way line of State Highway 114;
THENCE along the new southerly right of way line of State Highway 114 as follows:
15 m lirl�r!iiii:iii II Ili
5) South 02 deg. 34 min. 34 sec. West for a distance of 271.29 feet to the POINT OF
BEGINNING, and containing an area of 1.929 acres of land, more or less.
0 F
T qs*
IF
DCPC10SND ,BERNARD H. LOHEAC
4022
Pess
i
EXHIBIT A
Page I of 1
Denton County
Parcel I OTE
SH 114
0353-02-039
From: SH 170
8018-1
To: Tarrant/Denton Co Line
D-15-12
May 17, 1991
BEING 0.313 of an acre of land, more or less, situated in the William Pea Survey, Abstract 1045,
Denton County, Texas and being out of that certain tract of land conveyed to Rhonda C. Decker -
Chandler by deed as recorded in Volume 1139, Page 580, Deed Records of Denton County,
Texas: said 0.313 of an acre of land being more particularly described by metes and bounds as
follows:
COMMENCING at a/, inch iron rod found with yellow cap stamped "Carter & Burgess" being
the southeastern property comer of said Decker -Chandler tract and also being an angle point in
the western property line of that 232.921 acre tract of land conveyed to MTP -IBM Phase 11 and
III Joint Venture by deed as recorded in Volume 2190, Page 636, Deed Records of Denton
County, Texas;
THENCE South 89 deg. 46 min. 50 sec. West along the southerly property line of said Decker -
Chandler tract for a distance of 208.86 feet to the POINT OF BEGINNING of the herein
described tract of land;
1) THENCE South 89 deg. 46 min. 50 see. West continuing'along said southern property line
for a distance of 49.19 feet to the southwestern property corner of said Decker -Chandler
tract being in the intersection of the existing easterly right of way line of Precinct Line
Road and the new southern right of way line of State Highway 114;
THENCE along the new southerly right of way line of State Highway 114 as follows:
2) North 02 deg. 34 min. 34 sec. East for a distance of 271.29 feet;
3) South 71 deg. 04 min. 04 sec. East for a distance of 57.17 feet;
4) THENCE South 03 deg. 52 min. 28 sec. West departing said new southerly light of way
line for a distance of 252.85 feet to the POINT OF BEGINNING, and containing an area
of 0.313 of an acre of land, more or less.
DCPC10TE17ND