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Ord 01-2012 1/3/2012ORDINANCE NO. 01 -2012 Ordinance Authorizing The City Of Wichita Falls To Use The Power Of Eminent Domain To Acquire Portions Of (Parcel #1) 3712 Call Field Road And (Parcel #2) 3801 Call Field Road For The Rhea, Call Field And Lawrence Roads Realignment Project, And Also Authorizing Purchase Of Said Properties. WHEREAS, the City of Wichita Falls finds it is in the public's best interest to improve the traffic flow in the Rhea Road, Call Field and Lawrence Road area in order to provide a more efficient and safer environment for traffic mobility; and WHEREAS, the City Council finds that the acquisition of real property located at 3712 Call Field and 3801 Call Field is a public necessity and must be acquired for this project, and as required by law, the City must offer the fair market value to the owners for the acquisitions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The City Council finds and declares that it is a public necessity that the City of Wichita Falls acquire real property in Wichita Falls, Wichita County, Texas required to improve the traffic safety in the areas indicated in the attached Location Map, and that this project serves this public purpose. The real property to be acquired pursuant to this action is as depicted and described on the attached exhibits, which are titled as follows: Parcel #1: part of 3712 Call Field Road — to be acquired in fee simple, Parcel #1A: Construction Easement out of 3712 Call Field Road property — construction easement to expire one year after initiation of project; Parcel #2: part of 3801 Call Field Road - to be acquired in fee simple 2. The amount of just compensation to be offered to the property owners is $178,304 collectively for Parcels #1 and #1A and $4,625 for Parcel #2, which are the fair market values as determined by an independent certified appraiser, who has been employed by the City to appraise each tract. 3. If all good faith offers are rejected and both parties are unable to agree upon a value for the property, the City Manager will request the City Attorney to institute condemnation proceedings to obtain such property in the name of the City of Wichita Falls for the improvement and completion of the Rhea, Call Field and Lawrence Road Realignment, and the City Attorney is authorized to institute such condemnation proceedings. 4. The descriptions of the property to be condemned or acquired is sufficient and is substantially similar to the property description that is or could properly be used in a petition to condemn the property under Section 21.012 of the Texas Property Code. 5. It is deemed that this ordinance was adopted via the following motion, "I move that the City of Wichita Falls authorize the use of the power of eminent domain to acquire portions of 3712 Call Field and 3801 Call Field for the Rhea, Call Field and Lawrence Roads Realignment Project, which is a public use." PASSED AND APPROVED this the 3rd day of January, 2012. MAYOR ATTEST: City Clerk Location Map A Prince Edward Or SLill)efoenter Ave Y to > Academy Sporm CL Q I t Outdoom M@plewaodAvc, Satellite J Ii L Trafic Maplewood Ave Arizona Ave g, lo + QanrUra Dr RElg4nf Dr T, 6 V GQIden 0, WKIhita Square Cural A Call f leld Rd Call Field Rd Old T nogwn n Kohl's Sal Alive > MAWlef's 9 Call Field Rd Deli Garden 0 Barwise Jr High Sdicall Field n Z Chi 0 > I.Nan's Roadhouse jcpenney -Sikes $Wer Mrdwe idlemod Dr 19 0 J CL E Jacobs Dr Jacobs ©r II fb 4D Sikes $Wer Blanton SI 7 r 8�arrronl Carmike 1500ft eye Bev Buy Sikes 10 Parcel #1 — part of 3712 Call Field Road PLACE OF LOT 1, BLK. 1 �1 a+ °ra� BEGINNING TOMPKINS AODMON ��� wpb ' mm�°9�VOL 26, PC. 41, W.C.P.R. �(� p n-7 o o- .� Lo net ails � t tk La she a vs LEGEND o 1/2" I. R. CORNER MONUMENT o tq- (Fnd.) (SIZE &TYPE NOTED) co uo cv 4 — B" SEW — SEWER MAIN (SIZE AND TYPE NOTED) 5" wAT — WATER MAIN (SIZE AND TYPE NOTED) 1/2" I.R. CONC, NAIL (Fnd.- -CPB) (Fnd) W.C.P.R. WICHITA COUNTY PLAT RECORDS to - i p r 1 0 �s - X" IN CONC. C, I '' ° (Fnd.) 10" WAT I S83 -20'57 ",E ] 4B. 09' 1/2" I.R. 10° wAT E 64 5g' (Fnd. —CPB) - ���� 10" WA1' — I t Q ro ¢ c �R Q! a �� Lo Y t°n - m F- L � + 4-s o Li 1/2" I.R. W � fl Q ¢ c° m a ,, J J 11 (Fnd.) 1/2" I.R. +�' .17 �..+ ¢] W ~ Ld ! r ��' O w �m w— o 1/2" I.R. .... Fes`+ Q : H s,_ a m N (Fnd. —CPB) _ r �:: CA 'N q 4 to o o °an ~y 4 0 ° n ° m V) UW Dp � U 04 1 /2" I.R. " Q F=- C) (n� Q a' 7— o z Lo iO (SET) -� t; � O LsJ Z c a o ¢ QC Q a o v sn N Q� p L J �` J I` Q T: vy 3La 1 !E N z Q� a_ Q IZ � o o t a « a W _ W x cp c Q L d 0 Ll- cn 3 (Q as Iti M @ o _ 00 o o rn I� - O cn UV7 rr� V a LLI a c o J Ld U Ld m W jC P.t{. NAIL (SET) 0 n T LL �° cn 4 a o v z } a 0I EL r m :2 0 6 E � . y "a !1 En Z Ld z �/1 .y of `L r y UJ V �O O �.. m C O 1/2" I.R. VJ a (Fnd. —CPS) o m L C] n o Z m 10 ~ O Jd m n p � m n z 0 (L Q e, � � 15.32 0' LI 1 M _ — -------_------------- 1/2- I.R. N89- 36 -10 -W (Fnd.) 1 /2" I.R. (Fnd. --BMI) 103.81' (SET) PLACE OF LOT 1, BLK. 1 �1 a+ °ra� BEGINNING TOMPKINS AODMON ��� wpb ' mm�°9�VOL 26, PC. 41, W.C.P.R. �(� p n-7 o o- .� Lo net ails � t tk La she a vs LEGEND o 1/2" I. R. CORNER MONUMENT o tq- (Fnd.) (SIZE &TYPE NOTED) co uo cv 4 — B" SEW — SEWER MAIN (SIZE AND TYPE NOTED) 5" wAT — WATER MAIN (SIZE AND TYPE NOTED) 1/2" I.R. CONC, NAIL (Fnd.- -CPB) (Fnd) W.C.P.R. WICHITA COUNTY PLAT RECORDS to - i p r 1 0 �s - X" IN CONC. C, I '' ° (Fnd.) 10" WAT I S83 -20'57 ",E ] 4B. 09' 1/2" I.R. 10° wAT E 64 5g' (Fnd. —CPB) - ���� 10" WA1' — I Parcel #1 — part of 3712 Call Field Road RIGHT -OF -WAY OUT OF LOT 3 -A, BLOCK 1, WICHITA SQUARE A TRACT OF LAND IN WICHITA COUNTY, TEXAS OUT OF LOT 3 -A, BLOCK 1, WICHITA SQUARE, AN ADDITION TO THE CITY OF WICHITA FALLS, AS RECORDED IN VOLUME 26, PAGE 694, WICHITA COUNTY PLAT RECORDS, AND BEING MORE SPECIFICALLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD IN THE EAST RIGHT -OF -WAY LINE OF LAWRENCE ROAD FOR THE SOUTHWEST CORNER OF THIS DESCRIPTION AND THE SOUTHWEST CORNER OF SAID LOT 3 -A; THENCE ALONG THE EAST RIGHT -OF -WAY LINE OF LAWRENCE ROAD AND THE WEST LINE OF SAID LOT 3 -A, NORTH 00 032'00" EAST 306.92 FEET TO A 1/2 INCH IRON ROD FOR THE NORTHWEST CORNER OF THIS DESCRIPTION; TH ENCE SOUTH 44 054'10" EAST 6.45 FEET TO A 1/2 1 NCH I RON ROD NAI L FOR TH E NORTHEAST CORNER OF THIS DESCRIPTION; THENCE SOUTH 00 016'40" WEST 73.29 FEET TO A 1/2 INCH IRON ROD AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE IN A SOUTHEASTERLY DIRECTION AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 371.69 FEET, AN ARC DISTANCE OF 144.10 FEET TO A P.K. NAIL AT THE END OF SAID CURVE, THE LONG CHORD BEARS SOUTH 17 027'54" EAST 143.20 FEET; THENCE SOUTH 29 059'30" EAST 107.58 FEET TO A 1/2 INCH IRON ROD IN THE NORTH LINE OF LOT 1, BLOCK 1, TOMPKINS ADDITION, AN ADDITION TO THE CITY OF WICHITA FALLS, AS RECORDED IN VOLUME 26, PAGE 41, WICHITA COUNTY PLAT RECORDS, FOR THE SOUTHEAST CORNER OF THIS DESCRIPTION; THENCE ALONG THE NORTH LINE OF SAID LOT 1, NORTH 89036'10" WEST 103.81 FEET TO THE PLACE OF BEGINNING AND CONTAINING 10,478 SQUARE FEET (0.241 ACRE) OF LAND, MORE OR LESS. Parcel #1A - Construction Easement out of 3712 Call Field Road property j 11 Q, L� V 0 LL'i U ° °"" U- in m F W C): CD t: o W v W u°] 0 4 ¢ in af ly- NAIL P.K. �-t U 4 t� I'J �{ o N 3 (SET) ¢ di o I- J E N (Fnd. -CPB) �t `q - L ° O N I 5 o U r U -?y � o O 0 Q O ° c U CC¢ o W Z � W s; 1n (n y W P.K. NAIL L` U Q o °� 2 LO (SET) r„ Z o m O rr b C3 o n a Z c E r Ek� N s7 2p+ LU Q a 1= 0 9�, p LL: U o y N � a 9 m Q lei pt L -I LA m n a F F o LJ � U rr Of • > Z. a mC7rn v L1 0 w 70 o � m v, ° '�, a o Iatn� L <, Ci� U 3 W a^ Fs� vyO m o O ¢ p1§.N � _ W a w O7 a a X W g U o n N in g to z° L=13.9 SoN, �N0 Q o L V 00 m Q c c R= 371.69 ^ L` N ° af P.K. NAIL � � � _ � E o --� c ul I (SET) PLACE OF BEGINNING �_ m v a � o O I.R. a -_' m J I a (Fnd. -CPB) f° _g U o° o Z 2 u) c m � H m _ a IsJ � LLJ N I � � ----- -- -- -- 15.32 10' U77L. ESMT. 1/2" I.R. 1/2" I.R. S89'36'10'E 1/2" I.R. (Fnd. -BMI) 103.81' (sEr) iV ! I � N PLACE OF �j �0 - N �i �� u COMMENCEMENT "; ° aLug' "y �¢ ;us-a oa r-C LOT 1, BLK. 1imvy °i-o� �g�t � m TOMPKINS ADDITION q ; n VOL. 26, PG. 41, W.C.P.R. En LEGENDy� 3 0 3 1/2" I. R. CORNER MONUMENT (Fnd.) (SIZE &TYPE NOTED) N Lo N i a - B" SEW - SEWER MAIN (SIZE AND TYPE NOTED) - e" WAT WATER MAIN (SIZE AND TYPE NOTED} 1/2" I.R. CONC. NAIL (Fnd. -CPB) s (Fnd.) W.C.P.R. WICHITA COUNTY PLAT RECORDS a M I �q2 ?��y "X" IN COW vM I or" F ° (Fnd.) 10" WA7 z I S8320'57" �T tr ¢yfiT 1 E EP: 148.09' S8037'Sg" 1/2" I.R. E 84.58' (Fnd. -CPB) 1p" :WA T I Parcel #11A - Construction Easement out of 3712 Call Field Road property CONSTRUCTION EASEMENT AN EASEMENT FOR CONSTRUCTION PURPOSES OUT OF LOT 3 -A, BLOCK 1, WICHITA SQUARE, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, AS RECORDED IN VOLUME 26, PAGE 694, WICHITA COUNTY PLAT RECORDS, AND BEING MORE SPECIFICALLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOR THE SOUTHWEST CORNER OF SAID LOT 3- A AND LYING IN THE NORTH LINE OF LOT 1, BLOCK 1, TOMPKINS ADDITION, AN ADDITION TO THE CITY OF WICHITA FALLS, AS RECORDED IN VOLUME 26, PAGE 41, WICHITA COUNTY PLAT RECORDS; THENCE ALONG THE NORTH LINE OF SAID LOT 1 AND THE SOUTH LINE OF SAID LOT 3 -A, SOUTH 89 036'10" EAST 103.81 FEET TO A 1/2 INCH IRON ROD; THENCE LEAVING THE NORTH LINE OF SAID LOT 1 AND THE SOUTH LINE OF SAID LOT 3 -A, NORTH 29 059'30" WEST 107.58 FEET TO A P.K. NAIL AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE IN A NORTHWESTERLY DIRECTION AND ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 371.69 FEET, AN ARC DISTANCE OF 8.92 FEET TO A POINT FOR THE SOUTHWEST CORNER AND PLACE OF BEGINNING OF THIS EASEMENT, THE LONG CHORD OF SAID CURVE BEARS NORTH 27 053'01" WEST 8.92 FEET; THENCE IN A NORTHWESTERLY DIRECTION AND ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 371.69 FEET, AN ARC DISTANCE OF 120.05 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS EASEMENT, THE LONG CHORD OF SAID CURVE BEARS NORTH 17 056'35" WEST 119.53 FEET; THENCE SOUTH 57 003'20" EAST 61.96 FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS EASEMENT; THENCE SOUTH 00 008'40" EAST 72.50 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS EASEMENT; THENCE ALONG THE NORTH LINE OF SAID LOT 1, SOUTH 63 054'30" WEST 17.10 FEET TO THE PLACE OF BEGINNING AND CONTAINING 3279 SQUARE FEET (0.075 ACRE) OF LAND, MORE OR LESS. Parcel #2: part of 3801 Call Field Road CALL FIELD ROAD 1/2" 1.12_ (Fn d. —CPS) C .0 w w w CIO 0 �] <# 1/2" I.R. .� (SET) W >- LQ C 104 I 1 I 1 I m vr� S CV PLACE OF Lea O d !� r°s w co 1/2° I.R. (Fnd. -Cps) BEGINNING Ix N o -a m � maw W co c�v `�O LL- N dJ0 EL j ffJ 04 NF 0 0 l'~ Ld L( >- C h 0 4'_i c < :z J - t} LL- �q x 6- vl 3 O I� /l'�i V (Q 3: o O C p� 0 C.i O +v+ O a �+ m g 'p Ld a in v Lu 0 Ld LLI z c ° Q >w Qo o 0 0 m l u Z Q O I- UELI r m o U o o LLJ U) Q Ld 4" Ld o Q 7 W ' y 0 CL O IL L O m ci 4 m c W Z O W 61 a c a a� LO LL- o O 0 I- ° 6 F !i r w C'S `a 0 m J Ld IlI ° o a T iT7 Z C w CIO 0 �] <# 1/2" I.R. .� (SET) W >- LQ C 104 I 1 I 1 I m vr� S CV PLACE OF Lea O d !� �, co 1/2° I.R. (Fnd. -Cps) BEGINNING Ix N o -a m � maw � � u c�v `�O LL- N dJ0 EL j ffJ 04 NF 0 0 l'~ Ld L( >- C h 0 4'_i c Q :z J - T� W CN �q x 6- vl 3 O C 1/2" I.R. �] C 104 I 1 I 1 I m vr� W CCCC13,�00 C �] m vr� W CCCC13,�00 LQ � � u Q J owe s c `3 N Q Q J - 0 o a 4 a o W CN LL C, 0 - Ir .t.. O /l'�i V (Q o O C p� 0 C.i O +v+ O a �+ m g 'p Ld a in v Ld LLI z c ° Q 0 LL Qo o 0 0 m l u Z Q O u c E o r m a- iR U U o o U) Q Ld 4" Ld o Q 7 W ' y 0 CL O IL L O m ci 4 m c W Z O W 61 a c a a� LO LL- G c 0 O 0 I- ° 6 F !i r nLr- `a 0 m J Ld IlI ° o a T ul E- J a 0 F-- n °o a U ❑ o io ! -to L0 0 3 ° < r f LEGEND I 01/2" I. R. CORNER MONUMENT f (Fnd.) (SIZE & TYPE NOTED) W.C_P.R. WICHITA COUNTY PLAT RECORDS Parcel #2: part of 3801 Call Field Road RIGHT -OF -WAY OUT OF LOT 1 -A, BLOCK 9 -A, FAITH VILLAGE, UNIT I A TRACT OF LAND IN WICHITA COUNTY, TEXAS OUT OF LOT 1 -A, BLOCK 9 -A, FAITH VILLAGE, UNIT I, AN ADDITION TO THE CITY OF WICHITA FALLS, AS RECORDED IN VOLUME 27, PAGE 1347, WICHITA COUNTY PLAT RECORDS, AND BEING MORE SPECIFICALLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD AT THE INTERSECTION OF THE SOUTHWEST RIGHT -OF -WAY LINE OF CALL FIELD ROAD AND THE WEST RIGHT -OF -WAY LINE OF RHEA ROAD FOR THE NORTHEAST CORNER OF THIS DESCRIPTION AND THE MOST EASTERLY NORTHEAST CORNER OF SAID LOT 1 -A, BLOCK 9 -A; THENCE ALONG THE WEST RIGHT -OF -WAY LINE OF RHEA ROAD, SOUTH 09 042'43" WEST 50.00 FEET TO A 1/2 INCH IRON ROD FOR THE SOUTH CORNER OF THIS DESCRIPTION; THENCE NORTH 00 036'16" WEST 61.23 FEET TO A 1/2 INCH IRON ROD IN THE SOUTHWEST RIGHT -OF -WAY LINE OF CALL FIELD ROAD FOR THE NORTHWEST CORNER OF THIS DESCRIPTION; THENCE ALONG THE SOUTHWEST RIGHT -OF -WAY LINE OF CALL FIELD ROAD, SOUTH 37 015'21" EAST 15.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 275 SQUARE FEET OF LAND, MORE OR LESS.