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Res 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.�.' ' ��