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Res 91-12 Determining the Necessity of Acquiring Land for Right-of-Way, Noise Wall Easement, and Construction Easement PurposesRESOLUTION NO. 12-91 A RESOLUTION DETERMINING THE NECESSITY OF ACQUIRING APPROXIMATELY 0.857 ACRES OF LAND FOR RIGHT-OF-WAY PURPOSES, APPROXIMATELY 2.118 ACRES FOR NOISE WALL EASEMENTS AND APPROXIMATELY 0.1.53 ACRES FOR A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN DENTON COUNTY, ALL WITHIN THE TOWN OF TROPHY CLUB, 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 86418 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 as well as within the corporate limits of Trophy Club; and WHEREAS, the Town of Trophy Club has appointed the Town of Westlake as Trophy Club's agent for acquiring right-of-way and easements in regard to property that is within Trophy Club; and WHEREAS, the State Department of Transportation and the Town of Westlake 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 easements 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 0.857 acres of land located in Denton County, for right-of-way, approximately 2.118 acres of land located in Denton County, for noise wall easements and approximately 0.153 acres for a temporary construction easement, all in the Town of Trophy Club, Texas. as described in Exhibits "A", "B", "C", "D" and "E" attached hereto and made a part hereof for all intents and purposes. The right -of way is described in Exhibits "A" and "B", the noise wall easements are described in Exhibits "C" and "D", and the temporary construction easement is described in Exhibit "E". II. It is hereby determined that a bona fide offer has been made by the Town Attorney to the following owner or interest holder: INDEPENDENT AMERICAN DEVELOPMENT (PHASE II) CORPORATION C/O THOMAS M. GAUBERT 1545 W. MOCKINGBIRD LANE, SUITE 7000 DALLAS, TEXAS 75235 and that if the Town Attorney acting on behalf of the Town of Westlake and the Town of Trophy Club 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 ///Z;( day of November, 1991, by a vote of !_ ayes and 0 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: Gerr Whi e, Town Secretary Town of Westlake, Texas APPROVED AS TO LEGAL FORM: Paul C. Isham, Town Attorney Town of Westlake, Texas 373-23.010\066.res EXHIBIT A Page 1 of 2 Denton County Parcel 3 SH 114 0353-02-039 From: SH 170 8018-1 To: Tarrant/Denton Co. Line D-15-11 May 17, 1991 BEING 0.831 of an acre of land, more or less, situated in the Jesse Sutton Survey, Abstract 1154, Denton County, Texas being out of and a portion of that land conveyed by Gibraltar Savings Association to Independent American Development (Phase II) Corporation by Quitclaim deed as recorded in Volume 1283, Page 2+68, Deed Records of Denton County, Texas and also being all of that certain tract of land known as Tract "E" dedicated to The Trophy Club Community Improvement Association by subdivision plat, Amended Plat of Village West Section "A", as recorded in Cabinet C, Page 177, Plat Records of Denton County, Texas; said 0.831 of an acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found in intersection of the existing northern right of way line of State Highway 114 and the eastern right of way line of East Trophy Lake Drive; THENCE North 01 deg. 44 min. 40 sec. East departing said existing northern right of way line along said eastern right of way line of East Trophy Lake Drive for a distance of 154.18 feet to a 1/2 inch iron rod found being the point of curvature of a curve to the right; THENCE North 88 deg. 17 min. 35 sec. West departing said eastern right of way line for a distance of 50.00 feet to the POINT OF BEGINNING being in the western right of way line of East Trophy Lake Drive; 1) THENCE South 01 deg. 44 min. 41 sec. West along said western right of way line for a distance of 37.57 feet; 2) THENCE in a southwesterly direction following a curve to the right having a radius of 40.00 feet, a beginning tangent bearing of South 01 deg. 44 min. 40 sec. West, a central angle of 109 deg. 25 min. 43 sec., for a distance of 76.40 feet to a point being 40.00 feet north of said existing northern right of way line of State Highway 114; 3) THENCE North 68 deg. 49 min. 36 sec. West along a line 40.00 north of and parallel to said existing northern right of way line for a distance of 94.43 feet; 4) THENCE in a northwesterly direction following a curve to the right having a radius of 50.00 feet, a beginning tangent bearing of North 68 deg. 49 min. 36 sec. West, a central angle of 103 deg. 11 min. 39 sec., for a distance of 90.05 feet to a point in the eastern right of way line of West Trophy Lake Drive; EXHIBIT A Page 2 of 2 Denton County Parcel 3 SH 114 0353-02-039 From: SH 170 8018-1 To: Tarrant/Denton Co. Line D-15-11 May 17, 1991 THENCE along the eastern right of way line of West Trophy Lake Drive as follows: 5) North 34 deg. 22 min. 03 sec. East for a distance of 28.16 feet; 6) In a northeasterly direction following a curve to the right having a radius of 429.48 feet, a beginning tangent bearing of North 34 deg. 22 min. 03 sec. East, a central angle of 18 deg. 15 min. 00 sec., for a distance of 136.80 feet; 7) In a northeasterly direction following a curve to the left having a radius of 1046.19 feet, a beginning tangent bearing of North 52 deg. 37 min. 03 sec. East, a central angle of 08 deg. 41 min. 17 sec., for a distance of 158.64 feet; 8) THENCE departing said eastern right of way line of West Trophy Lake Drive in a southeasterly direction following a curve to the right having a radius of 5.00 feet, a beginning tangent bearing of North 56 deg. 07 min. 59 sec. East, a central angle of 137 deg. 07 min 40 sec., for a distance of 11.97 feet to a point in the western right of way line of East Trophy Lake Drive; 9) THENCE along the western right of way line of East Trophy Lake Drive in a southwesterly direction following a curve to the left having a radius of 582.09 feet, a beginning tangent bearing of South 28 deg. 10 min. 59 sec. West, a central angle of 26 deg. 28 min. 34 sec., for a distance of 268.98 feet to the POINT OF BEGINNING, and containing an area of 0.831 of an acre of land, more or less. DCPc3YND Revised 9/23/91 EXHIBIT A Page 1 of 1 Denton County Parcel 9A SH 114 0353-02-039 From: SH 170 8018-1 To: Tarrant/Denton Co. Line D-15-12 May 17, 1991 Being 0.026 of an acre of land, more or less, situated in the C. Medlin Survey, Abstract 823, 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 by Gibraltar Savings Association to Independent American Development (Phase II) Corporation by Quitclaim deed as recorded in Volume 1283, Page 268, Deed Records of Denton County, Texas; said 0.026 of an acre of land being described by metes and bounds as follows: COMMENCING at a g/8 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 right 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; 3) THENCE North 19 degrees 58 minutes 21 seconds East along the existing easterly right of way line of Trophy Club Drive for a distance of 73.50 feet to the POINT OF BEGINNING, and containing an area of 0.026 of an acre of land, more or less. Revised 9/30/91 EXHIBIT A Page 1 of 2 Denton County Parcel 4E SH 114 0353-02-039 From: SH 170 8018-1 To: Tarrant/Denton Co. Line D-15-15 May 17, 1991 BEING 1.338 acres of land, more or less, of which 0.02 of an acre is situated in the J. Eads Survey, Abstract 392, Denton County, Texas, 1.11 acres are situated in the R. Eads Survey, Abstract 393, Denton County, Texas and 0.21 of an acre is situated in the Jesse Sutton Survey, Abstract 1154, Denton County, Texas; said 1.338 acres of land being out of and a portion of that land conveyed by Gibraltar Savings Association to Independent American Development (Phase II) Corporation by Quitclaim deed as recorded in Volume 1283, Page 268, Deed Records of Denton County, Texas and also being out of Tract "A", Village West Section "A", a subdivision as recorded in Cabinet "C", Page 171, Plat Records of Denton County, Texas, and also out of Tract "F"', Village West Section "B"5 a subdivision as recorded in Cabinet "C", Page 172, Plat Records of Denton County, Texas; said 1.338 acres of land being more particularly described by metes and bounds as follows: COMMENCING at the point of intersection of the existing northerly right of way line of State Highway 114 and the westerly right of way line of West Trophy Lake Drive being the southeastern boundary comer of Tract "B" of said Village West, Section "A"; THENCE North 68 deg. 49 min. 36 sec. West along the existing northerly right of way line of State Highway 114 for a distance of 588.71 feet to the POINT OF BEGINNING being the southeastern boundary corner of said Tract "A"; 1) THENCE North 68 deg. 49 min. 36 sec. West continuing along said existing northerly right of way line, passing at a distance of 996.39 feet the southwestern boundary comer of said Tract "A" and the southeastern boundary comer of said Tract "F" and continuing for a total distance of 1400.87 feet; THENCE departing said existing northerly right of way line along the new easterly right of way line of State Highway 114 as follows: 2) North 65 deg. 50 min. 38 sec. West for a distance of 54.68 feet; 3) North 65 deg. 50 min. 37 sec. West for a distance of 86.94 feet; 4) North 59 deg. 47 min. 56 sec. West for a distance of 176.09 feet; 5) THENCE South 68 deg. 49 min. 36 sec. East departing said new easterly right of way line along a line being 35.00 feet north of and parallel to the existing northerly right of way line of State Highway 114, passing at a distance of 734.35 feet the northeastern boundary corner of said Tract "F" and the northwestern boundary corner of said Tract "A" and continuing for a total distance of 1586.50 feet; EXHIBIT A Page 2 of 2 Denton County Parcel 4E SH 114 0353-02-039 From: SH 170 8018-1 To: Tarrant/Denton Co. Line D-15-15 May 17, 1991 6) THENCE North 86 deg. 11 man. 40 sec. East for a distance of 108.84 feet to the northeastern boundary corner of said Tract "A 7) THENCE South 00 deg. 11 min. 14 sec. West along the easterly line of said Tract "A" for a distance of 86.71 feet to the POINT OF BEGINNING, and containing an area of 1.338 acres of land, more or less. ncPca�•n Revised 9/30/91 EXHIBIT A Page 1 of 1 Denton County Parcel 6E SH 114 0353-02-039 From: SH 170 8018-1 To- Tarrant/Denton Co. Line D-15-15 May 17, 1991 BEING 0.780 of an acre of land, more or less, situated in the Jesse Sutton Survey, Abstract 1154, Denton County, Teras being out of and a portion of that land conveyed by Gibraltar Savings Association to Independent American Development (Phase II) Corporation by Quitclaim deed as recorded in Volume 1283, Page 258, Deed Records of Denton County, Texas and also being all of Tract "B", Village West Section "A", a subdivision as recorded in Cabinet "C", Page 171, Plat Records of Denton County, Texas; said 0.780 of an acre of land being more particularly described by metes and bounds as follows. BEGINNING at the point of intersection of the existing northerly right of way line of State Highway 114 and the westerly right of way line of West Trophy Lake Drive being the southeastern boundary corner of said Tract "B", 1) THENCE North 68 deg. 49 nein. 36 sec. West along said existing northerly right of way line for a distance of 513.61 feet to the southeastern boundary corner of said Tract "B"; 2) THENCE North 39 deg. 42 min. 39 sec. East departing said existing northerly right of way line for a distance of 93.59 feet the northwestern boundary corner of said Tract "B"; 3) THENCE South 49 deg. 26 min. 25 sec. East for a distance of 72.00 feet; 4) THENCE. South 68 deg. 48 min 33 sec. East for a distance of 431.15 feet to the northeastern boundary corner of said Tract "B" being in the westerly right of way line of West Trophy Lake Drive; 5) THENCE South 34 deg. 24 min. 05 sec. West along said westerly right of way line for a distance of 66.46 feet to the POINT OF BEGINNING, and containing an area of 0.780 of an acre of land, more or less. Revised 9/30/91 �_RN ARD H. L4NEAC a 4022 SS�a`" S UR' �Xrv'i�ir EXHIBIT A Page 1 of 1 Denton County Parcel 7TE SH 114 0353-02-039 From: SH 170 8018-1 To: Tarrant/Denton Co. Line D-15-15 May 17, 1991 BEING 0.153 of an acre of land, more or less, situated in the C. Medlin Survey, Abstract 823, Denton County, Texas, and being out of and a portion of that land conveyed by Gibraltar Savings Association to Independent American Development (Phase 11) Corporation by Quitclaim deed as recorded in Volume 1283, Page 268, Deed Records of Denton County, Texas and also being out of Tract "C", Trophy Club Section Eight, a subdivision as recorded in Volume 15, Page 12, Plat Records of Denton County, Texas; said 0.153 of an acre of land being snore particularly described by metes and bounds as follows: COMMENCING at the point of intersection of the existing northerly right of way line of State Highway 114 and the easterly right of way line of East Trophy Lake Drive; THENCE South 68 deg. 52 min. 19 sec. East along said existing northerly right of way line, passing at a distance of 858.32 feet the southwesterly boundary corner of said Tract "C" and continuing for a total distance of 2122.07 feet to the POINT OF BEGINNING of the herein described tract of land; 1) THENCE North 21 deg. 07 min. 41 sec. East departing said existing northerly right of way line for a distance of 43.79 feet to a point in the northerly line of said Tract "C"; 2) THENCE South 68 deg. 49 thin. 01 sec. East along the northerly boundary line of said Tract "C" for a distance of 151.97 feet; 3) THENCE South 21 deg. 07 min. 41 sec. West departing said northerly line of Tract "C" for a distance of 43.65 feet to a point in the existing northerly right of way line of State Highway 114; 4) THENCE North 68 deg. 52 min. 19 sec. West along said existing northerly right of way line for a distance of 151.97 feet to the POINT OF BEGINNING, and containing an area of 0.153 of an acre of land, more or less. 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