Loading...
RE 2005-1108.3CITY OF COPPELL, TEXAS RESOLUTION NO. 2005-1108.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, DETERMINING THE PUBLIC USE, PURPOSE AND NECESSITY FOR THE ACQUISITION OF TRACTS OF LAND AND ADDITIONAL RIGHT- OF-WAYS LOCATED IN THE AREA EAST OF BELTLINE ROAD AND NORTH OF HACKBERRY ROAD, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, WITHIN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, FOR THE PUBLIC USE, PURPOSE AND NECESSITY OF PARKS AND RECREATIONAL FACILITIES FOR THE USE OF THE CITY AND CO-JOINTLY WITH THE COPPELL INDEPENDENT SCHOOL DISTRICT, WORKFORCE HOUSING, SENIOR HOUSING AND PUBLIC ACCESS AND RIGHT-OF- WAY THERETO; AUTHORIZING THE CITY ATTORNEY AND SPECIAL COUNSEL ENGAGED BY THE CITY TO ACQUIRE SAID PROPERTY; AUTHORIZING THE CITY MANAGER TO UTILIZE THE SERVICES OF AN APPRAISER TO APPRAISE THE FAIR MARKET VALUE OF THE PROPERTY DESCRIBED IN EXHIBIT "A" AND TO ASSIST THE CITY OF COPPELL TO PREPARE A GOOD FAITH OFFER TO THE OWNERS OF THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parcels described in Exhibit "A" (the "Property") are contiguous to and/or nearby by the City of Coppell (the "City"), and the Property is located within the City of Dallas; and WHEREAS, for the past fifty (50) years the existing uses of the Property sought to be acquired have been ancillary to a Texas Utility ("TXU") electric generating plant; and WHEREAS, in light of the recent sale 355.2 acres of TXU's property to a private owner, and potential sale of additional TXU property to private developers, all of whom may develop such property in a manner that would adversely impact the City in terms of traffic, noise, air quality, and increased demand on public infrastructure and school facilities; and WHEREAS, a recent sale of the southern 355.2 acres of TXU's property is proposed for high density residential and mixed uses; and WHEREAS, the City will be burdened with provision of infrastructure and public services should the Property be developed with residential development; and WHEREAS, development of workforce housing in the northwest portion of the Property, is beneficial to the City because it will provide housing for the employees of industrial facilities located within the City on the west side of Beltline Road, decrease the travel time for those employees, and increase the internal vehicle capture rate, thereby reducing the number of vehicle trips onto Beltline Road, Interstate 635 and adjacent arterial roads and intersections, decreasing noise and air pollution. WHEREAS, the City has a need for senior citizens housing to promote an active retirement community; and WHEREAS, the City has a growing public need for parks and recreation areas to provide essential services for the residents of the City; and WHEREAS, the City wants to promote orderly growth inside its boundaries and in those external areas close to or contiguous within the City which directly affect its residents; and WHEREAS, the City is required to prepare an appraisal prior to filing an eminent domain action; and WHEREAS, the City is directed to make a good faith offer to purchase with an accompanying appraisal, in contemplation of condemnation, to the owners of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the City Council of the City of Coppell, Texas hereby finds and determines that a public use, purpose and necessity exists for the welfare of the City and its citizens and it is in the public interest to acquire the various tracts of land and rights-of-way adjacent to Beltline and Hackberry Roads, as described in Exhibit "A" (the "Property"), either through purchase or condemnation. Section 2. That the City Manager is authorized to engage the services of an appraiser to determine the fair market value of said Property. Section 3. That the City Manager, Special Counsel hired by the City ("Special Counsel"), or designee, is hereby authorized on behalf of the City to attempt to agree on a purchase price, damages and/or compensation to be paid to the owners of the properties. If the City Manager, Special Counsel or designee determines that an agreement as to a purchase price, damages and/or compensation can not be reached then the City Attorney, Special Counsel or designee, is hereby authorized to file or cause to be filed against the owners and interested parties of the properties, proceedings in eminent domain to acquire the properties in fee simple. Section 4. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney, Special Counsel or designee is authorized to have such errors corrected or revisions made without the necessity of obtaining City Council approval authorizing the condemnation of the corrected or revised properties. Section 5. That the owners or parties claiming an interest in the Property are as depicted on the attached Exhibits "A' Section 6. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. DULY RESOLYED AIJD &DOPTED by thelCity Council of the on this the g ~/'~day o~1~,~2005. r o'f. Jc City of Coppell, Texas, F, COPPELL~'~XAS ~.S N. ~T~OVER, MAYOR ATTEST: '"L-'~B~ BAL-L,~TY SECRETARY ROBERT E~(GER, CITY ATTORNEY LEGAL US W # 52935134.1 64195 Resolution Exhibit A . -- .--.-,.. _._. LEGAL DESCRIPTION BEING 54.669 acres of land located in the JOHN L. WHITMAN SURVEY, Abstract No. 1521,and the G.W. LAWS SURVEY, Abstract No. 843, Dallas, Dallas County, Texas, and being a portion of the Tract of land conveyed to CB Parkway Business Center VI, Ltd., and Trammell Crow Company No: 43, Ltd, by the deed recorded in Volume 2004 178, Page 4 of the Deed Records of Dallas County, Texas. Said 54.669 acres of land being more particularly described by metes and bounds, as follows: BEGINNING at a 5/8" iron rod found marked Carter and Burgess at the most Westerly Southwest corner of said CB Parkway Business and Trammell Crow Company Tract, and said point of beginning being located in the East right-of-way line of Beltline Road (a 60 foot wide right- of-way) . THENCE N OO^ 30' 46" W 514.18 feet, along the most Westerly West boundary line of said CB Parkway Business and Trammell Crow Company Tract and the East right-of-way line of said Beltline road to a 5/8" iron rod found marked Carter and Burgess; THENCE departing said right-of-way line and running along the North boundary line of said CB Parkway Business and Trammell Crow Company Tract as follows: 1. N 83^ IS' 17" E 592.40 feet, to a point; 2. N 14^ 40' 29" E 769.17 feet, to a point; 3. N 40^ 28' 20" E 316.63 feet, to a point; 4. N 05^ 50' 16" E 230.41 feet, to a point; 5. N 22^ 26' 20" E 111. 07 feet, to a point; 6. N 58^ 58' 16" E 98.00 feet, to a point; 7. N 89^ 05' 28" E 102.74 feet, to a point; 8. S 67^ 24' 34" E 224.52 feet, to a point; 9. S 28^ 17' 24" E 190.99 feet, to a point; 10. S 16^ 55' 56" W 316.53 feet, to a point; 11. S 25^ 04' 51" E 634.48 feet, to a point; 12. S 50^ 45' 44" E 660.67 feet, to a point; 13. S 46^ 29 ' 57" E 568.21 feet, to a point; THENCE S 89^ 44' 38" W 2635.08 feet, departing said North boundary line and severing said CB Parkway Business and Trammell Crow Company Tract to THE PLACE OF BEGINNING, containing 54.669 acres (2,381,386 square feet) of land. -,. N89805'28"E 102.74' N 58858'16"E 98.00' N 22826'20"E I 111.07' N 05850' 16"E I 230.41 N 40828'20"[ 316.63' 6r24' 34"E 224.52' S 28017'24"[ ~190.99' ()' S 16855'56"W 316.53' LJhlL N SOO 6'~ "itS.. o "it"it.. CB PARKWAY BUSINESS CENTER VI, LTO'.6'.>.. ~ TRAMMELL CROW COMPANY No. 43, LTO. VOL. 2004178, PG. 4, O.R.O.C.T. N 00030'46"W S 46029'57"E o 514.18' 568.21' <( ~ '\ S 89044' 38"W 2635.08' ~POINT 0 BEGINNING w 5/8" IRO ROD FOUND Z STAMPED "CA TER & BURGESS" --I .- --I W OJ N ..- III Ol IX) ..- SCALE 1"= 500' ~RITTAIN & CRAWFORD LAND SURVEYING & TOPOGRAPHIC MAPPING (817) 92&-0211 - IlE:lRO (817) 429-5112 "AX No. (817) 928-9347 P.O. BOX 11374 · 3908 SOUTH FREEWAY I'ORT WORTH. TEXAS 78110 EIoWL: admInObtlttaIn-crawlord.com SURVEY MAP OF 54.339 ACRES OF LAND LOCATED IN THE JOHt\l L. WHITMAN SURVEY, ABSTRACT No. 1521 AND THE G.W. LAWS SURVEY, ABSTRACT No. 84,:3 DALLAS, DALLAS COUNTY, TEXAS T :2: ; N^,';i ~ c\;:s: ...."c~. ~{, 't. ),'" ..C(' "';^\.~'F)' .,,;,..:. ."'. .", '1'",'0' . / i~~i , i i i SOUTHWEST CORNER OF CB PARKWAY BUSINESS CENTER VI, LTD. TRACT N 89'08'12"E S 89'18'30"E 2147.68' ! 562.48' 5/8 IRON ROD FOUND POINT OF BEGINNIN , r";)" t. 1:;~1 ~r";)' ~ 8,8.9 21052'30"W 172.96' CB PARKWAY BUSINESS CENTER VI,- LTO TRAMMELL CROW COMPANY No. 43, LTD. VOL. 2004178, PG. 4 O.R.O.C.T. N 00-18'54"W 900.78' 16.921 ACRES 737~066 SO.FT. ~r40'26"W 908.32' . N 8981i8'30"W 66\1 .21 ' ; 5/8" IRON ROD FOUND HACKBERRY ROAD :t: Ii< o % SCALE 1"= 500' ~RITTAIN & CRAWFORD LAND SURVEYING & TOPOGRAPHIC MAPPING (817) 928-021' - IlE:IRO (817) 429-5112 FAX No. (817) 928-9347 P.O. BOX 11374 . 3808 SOl1IIl FREEWAY FORT WORnl. TEXAS 76110 ENAIL: admlnObr1lloln-crowford.cam SURVEY MAP OF 16.921 ACRES OF LAND LOCATED IN THE JOHN L. WHITMAN SURVEY, ABSTRACT ~~o. 1521 AN D TH E S!>JvlUEL LAYrcJt~ SURVEY, ABSTRACT ~Jo. 784 DALLAS, DALLAS COUNTY, TEXAS ", ~ T LEGAL DESCRIPTION BEING 16.921 acres of land located in the JOHN L. WHITMAN SURVEY, Abstract No. 1521, and the SAMUEL LAYTON SURVEY, Abstract No. 784, Dallas, Dallas County, Texas, and being a portion of the Tract of land conveyed to CB Parkway Business Center VI, Ltd., and Trammell Crow Company No. 43, Ltd. by the deed recorded in Volume 2004 178, Page 4 of the Deed Records of Dallas County, Texas. Said 16.921 acres of land being more particularly described by metes and bounds, as follows: COMMENCING at a point at the most Southerly Southwest corner of said CB Parkway Business and Trammell Crow Company T~act; THENCE N 89^ 08' 12" E 2147.68 feet, to a 5/8" iron rod found marked Carter and Burgess found; THENCE S 89^ 18' 30" E 562.48 feet, to the POINT OF BEGINNING. Said point of beginning also lying in the South boundary line of said CB Parkway Business and Trammell Crow Company Tract, and the North right-of-way line of Hackberry Road; THENCE N OO^ 18' 54" W 900.80 feet, to point in the North boundary line of said CB Parkway Business and Trammell Crow Company Tract; THENCE along the North boundary line of said CB Parkway Business and Trammell Crow Company Tract as follows: 1. S 64^ 31' 22" E 406.19 feet, to a point; 2. N 73^ 37' 25" E 818.95 feet, to a point; THENCE S 21^ 52' 30" W 172.96 feet, departing said North boundary line and severing said CB Parkway Business and Trammell Crow Company Tract to a point; THENCE S 27^ 40' 25" W 908.34 feet, to a point in the South boundary line of said CB Parkway Business and Trammell Crow Company Tract, and the North right-of-way line of aforesaid Hackberry Road; THENCE N 89^ 18' 30" W 661.21 feet, along the South boundary line of said CB Parkway Business and Trammell Crow Company Tract, and the North right-of-way line of said Hackberry Road to THE PLACE OF BEGINNING, containing 16.921 acres (737,070 square feet) of land. T LEGAL DESCRIPTION BEING 25.885 acres of land located in the G.W. LAWS SURVEY, Abstract No. 843, and the JOHN L. WHITMAN SURVEY, Abstract No. 1521, Dallas, Dallas County, Texas, and being a portion of the Tract of land conveyed to Dallas Power & Light Company, by the deeds recorded in Volume 4424, Page 301, and Volume 4378, Page 380 of the Deed Records of Dallas County, Texas. Said 25.885 acres of land being more particularly described by metes and bounds, as follows: BEGINNING at a 5/8" iron rod founq marked Carter and Burgess lying in the East right-of-way line of Beltline Road (a 60 foot wide right-of- way at this point) and said point of beginning lying in the West boundary line of aforesaid Dallas Power & Light Company Tracts, and said point of beginning being located at the most Westerly Northwest corner of the Tract of land conveyed to CB Parkway Business Center VI, Ltd., and Trammell Crow Company No. 43, Ltd., by the deed recorded in Volume 2004 178, Page 4 of the Deed Records of Dallas County, Texas. THENCE along the East right-of-way line of said Beltline Road as follows: 1. N OO^ 30' 46" W 821.85 feet, to a point; 2. N 05^ 11' 19" E 402.00 feet, to a point; 3. N OO^ 30' 46" W 214.75 feet, to a point; THENCE EAST 1111.40 feet, departing said right-of-way line and severing said Dallas Power & Light Company Tracts, to a point in ' the North boundary line of aforesaid CB Parkway Business Center VI, Ltd., and Trammell Crow Company NO. 43, Ltd., Tract; THENCE along the North boundary line of said CB Parkway Business and Trammell Crow Company Tract as follows: 1. S 58^ 58' 16" W 98.00 feet, to a point; 2. S 22^ 26 ' 20" W 111. 07 feet, to a point; 3. S 05^ 50' 16" W 230.41 feet, to a point; 4. S 40^ 28' 20" W 316.63 feet, to a point; 5. S 14^ 40' 29" W 769.17 feet, to a point; 6. S 83^ 15' 17" W 592.40 feet, to THE PLACE OF BEGINNING, containing 25.885 acres (1,127,533 square feet) of land. T 25.885 ACRES 1,127,533 SQ.FT. N 00-30' 46"W 214.75' N EAST 1111.40' DALLAS POWER &: UGHT Co. VOL.4424, PG.301 D.R.D.C.T. 40-28'20" 316.63' 1.lJ~ Z~io ...J:tlX! 0"- J-I')N ,~ b to .", (D ~ D~~iO~~0 VOL.4378. PG.380 D.R.D.C.T. POINT OF BEGINNING s 83-15'17:'W 592.40 CB PARKWAY BUSINESS CENTER VI, LTD. TRAMMELL CROW COMPANY No. 43, LTC 5/8- IRON ROD FOUND VOL. 2004178. PG. 4, D.R.D.C.T. STAMPEO .CARTER & BURGESS. i-r> oi o '<t N / HACKBERRY ROAD I SCALE 1-= 500' ~RmAIN Be CRAWFORD lAND SURVE'/lNG .. TOPOGIW'HIC IlN'PING (811) 121-<I211 - IlEtIIO (111') 42lO-G11' fl\lC .... (111) 121-I347 p.o. BOX 11374 . .lIOI1OUfH FREE.WAY fllItf llIIIllIi. 1\!XM 711110 -.. ........._. _..h."-" SURVEY MAP OF 25.885 ACRES OF LAND LOCATED IN THE ,JOHI\! L. WHITMAN SURVEY, ABSTR/\CT No. 1521 AND THE C.W. LAWS SURVEY. ABSTRACT No. 843 DALLAS. DALLAS COUNTY, TEXAS "r