HomeMy WebLinkAboutRes 91-13 Determining the Necessity of Acquiring Land for Right-of-Way and Temporary Easement PurposesRESOLUTION NO. 13-91
A RESOLUTION DETERMINING THE NECESSITY OF ACQUIRING APPROXIMATELY
1. 929 ACRES OF LAND FOR RIGHT-OF-WAY PURPOSES AND APPROXIMATELY
0.313 ACRES FOR A TEMPORARY EASEMENT LOCATED IN DENTON COUNTY, ALL
WITHIN THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, the State of Texas Department of Transportation
has deemed it necessary to make certain improvements to State
Highway 114 in the Town of Westlake and the Town of Westlake and
the Town of Trophy Club approved State of Texas Department of
Highways and Public Transportation Minute Order 85418 dated October
28, 1987, in regard to such highway improvements; and
WHEREAS, the State Department of Transportation has
requested that the Town of Westlake provide the right -of way and
easements required by the construction project in regard to the
improvements to State Highway 114 within the Town's corporate
limits; and
WHEREAS, the State Department of Transportation and the
Town have entered into a Contractual Agreement for Right of Way
Procurement; and
WHEREAS, the Town of Westlake desires to acquire said
right-of-way and easement as described on the Exhibits 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 improvements to State Highway 114, to -wit:
Approximately 1.929 acres of land located in
Denton County, for right-of-way and
approximately 0.313 acres of land located in
Denton County, for a temporary easement, all
in the Town of Westlake, Texas.
as described in Exhibits "A" and "B" 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 owner or interest
holder:
Rhonda Decker -Chandler
7015 Casa Loma Avenue
Dallas, Texas 75214
and that if the Town Attorney acting on behalf of the Town of
Westlake and such owner or interest holder 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 interest described in Section I of this Resolution for
the purpose 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.
V.
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 %fes day of November, 1991, by a
vote of -�_ ayes and nays at a Board meeting of the Board of
Aldermen of the Town of Westlake, Texas.
Dale L. White, Mayor
Town of Westlake, Texas
ATTEST:
Ger;0 white, Town Secretary
Tox4h of Westlake, Texas
APPROVED AS TO LEGAL FORM:
Paul C. Isham, Town Attorney
Town of Westlake, Texas
373-23.011\012.res
EXHIBIT A
Page I of 1
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 corner 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 258.05 feet to the POINT OF BEGINNING being the
southwestern property corner 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 corner of said Decker -Chandler tract
being in the existing southerly right of way line of State Highway 114;
2) THENCE South 71 deg. 03 min. 52 sec. East along the existing southerly right of way line
of State Highway 114 for a distance of 272.63 feet to a SJ$ 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:
4)
5)
North 71 deg. 04 min. 04 sec. West for a distance of 258.17 feet;
South 02 deg. 34 ruin. 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.
DCPC 101ND
S—n ,�k-
CF NO. D311?42/N,,R:03
coy-lgiclilenl No. 00I
E=H BIT A
Den= Coun,v_
SH 114
From: SH 170
To: Tarrant,Denton Co Lire
Page 1 of 1
Parcel l OTE
0353-02-039
8018-1
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 550, Deed Records of Denton County,
Te :as said 0.313 of an acre of land being more particularly described by metes and bounds as
follows:
C0.NI1N1EN=G at a 5Ig inch iron rod found with yellow cap stamped "Carter & Burgess" being
tite southeastern property corner 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 II 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. Nest 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 de-. 46 n -in. 50 sec. Nest 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 thin. 04 sec. East for a distance of 57.17 feet;
4) THENCE South 03 deg. 52 min. 28 sec. West departing said new southerly right 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.
Mase Deparlmen[ (it ili¢hwa%S
and Puh[ir TranSporil[ian
Form 0-I5-2
Re+iNed ". 5
Sketch of Whole Property With Dimensions
Show Orientation. ROW kine, and Part Taken