HomeMy WebLinkAbout1999-01-19 - Special City CouncilMINUTES OF SPECIAL MEETING
City of Stephenville - City Council
TUESDAY, JANUARY 19,1999 - 5:30 P.M.
The City Council of the City of Stephenville, Texas, convened in special session on
Tuesday, January 19, 1999, at 5:30 p.m., in the Council Chambers at City Hall, 298 West
Washington Street, with the meeting being open to the public and notice of said meeting, giving the
date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government
Code, Vernon's Texas Codes Annotated, with the following members present, to wit:
Mayor: John Moser
Councilmembers: Barbara Terrell
Marshall Shelton
Joel Hillin
K. H. Conatser
Bea Marin
Jerry B. Madkins
Wm. H. (Bill) Stanley
Rusty Jergins
Others Attending: Don Davis, City Administrator
Cindy L. Stafford, City Secretary
Randy Thomas, City Attorney
I I 90 N a 111XII77-01 4
The special meeting of the Stephenville City Council was called to order at 5:30 p.m.
on Tuesday, January 5, 1999 by Mayor John Moser. Mayor Moser noted all council
members present and declared a quorum present.
II. PLANNING AND DEVELOPMENT COMMITTEE REPORT— Consider a
Facilitator for City Council Retreat
Rusty Jergins gave a report from the January 13, 1999 meeting, at which meeting, the
committee interviewed Stephenville resident, Larry Smith. Jergins asked City
Administrator Davis to discuss the compensation portion of Larry Smith's proposal.
Davis stated that Larry Smith had requested a donation of $100.00 each be made to
the Boy Scouts of America and the Girl Scouts of America in lieu of payment to
Smith for conducting the retreat. Davis explained that the city cannot make
donations to charitable organizations; therefore, the city would need to pay Mr. Smith
directly. Larry Smith spoke to the council and said that he would enjoy being the
facilitator for the retreat.
January 19, 1998 - Minutes of Special Meeting
b $3
MOTION by Rusty Jergins, seconded by Bea Marin to employ Larry Smith as the
facilitator for the City Council Retreat to be held on January 30, 1999, at Indian
Mountain Lodge, which retreat will include council members, City Administrator
Don Davis, and Larry Smith; and to pay Larry Smith the sum of $200.00 for his
services. Motion carried by unanimous approval.
III. CONSIDER A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
FILE PETITION IN CONDEMNATION
MOTION by Bea Marm, seconded by K. H. Conatser to approve Resolution No.
1999 -1 authorizing the Stephenville City Attorney to file petitions in condemnation
on the West Side Development project.
IV. EXECUTIVE SESSION At 5:50 p.m., Mayor Moser recessed the open portion of
the meeting and called the council into executive session in compliance with the
provisions of the Texas Open Meetings Law, Subchapter D, Local Government
Code, Vernon's Texas Codes, Annotated, in accordance with §551.072 Deliberate
the purchase, exchange, lease or value of real property.
A. Consider contract with Glynn Stewart for properly on US 67
B. College Farm Road Bridge Right of Way acquisition
V. ACTION TAKEN ON ITEMS DISCUSSED IN EXECUTIVE SESSION
No action was taken.
VI. ADJOURN
There being no further business, the meeting was adjourned at 6:20 p.m.
J 4
Moser, Mayor
ATTEST:
mdy L. afford, C ty Sec
January 19, 1998 - Minutes of Special Meeting 14
RESOLUTION NO. 1999 -1
A RESOLUTION AUTHORIZING THE STEPHENVILLE CITY ATTORNEY TO FILE PETITIONS IN
CONDEMNATION CONCERNING FOUR TRACTS OF REAL PROPERTY
WHEREAS, the City of Stephenville has previously acted to widen and lengthen Frey Street and Wolfe
Nursery Road, both located within the Stephenville city limits; and
WHEREAS, there is a public purpose for which the four tracts described in Exhibits A, B, and C attached
hereto and made a part of this resolution for all purposes; said public purpose being that said additional roadway
is needed to allow the orderly and safe flow of vehicle traffic through the city, to and from public schools, and to
major county and state thoroughfares; and
WHEREAS, acquiring the described four tracts is necessary and for the public convenience; and
WHEREAS, the four described tracts are necessary to promote the public purpose herein described; and
WHEREAS, the City of Stephenville desires to acquire the described real property in fee simple; and
WHEREAS, the City of Stephenville has negotiated in good faith with the owners of each of the four
described tracts; and
WHEREAS, said negotiations have been unsuccessful, and the city has not been able to obtain said tracts
by negotiation; and
WHEREAS, the schedule for completion of the street improvements will not allow further delay in
acquiring the four described tracts, and that for said reason there is a public necessity to condemn the four tracts
described herein:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stephenville, that the
Stephenville City Attorney is hereby authorized to file Petitions in Condemnation and to proceed to acquire the four
tracts described herein in fee simple according to applicable law.
APPROVED and ADOPTED by the City Council of the City of Stephenville held on this 19th day of
January, 1999.
City Administrator
Davis,
Approved as to form and content by
Randy Thomas, City Attorney
a4l&�
J64 Moser, Mayor
,w
WEST FREY STREET
1.889 ACRES
Bowman / King
BEING a 1.889 acre tract of land situated in the City of Stephenville, Erath
County, Texas, out of the William Motley Survey, Abstract No. 515 and being a
portion of a 55.37 acre remainder of a 206.56 acre tract of land conveyed to
Carole Sue Bowman and Kathryn King as described in a Deed of Gift recorded in
Volume 606, Page 500 of the Deed Records of Erath County, Texas
(D.R.E.C.T.) , and being more particularly described as follows:
BEGINNING at an iron pin found at the southwest corner of said 55.37 acre
remainder Bowman /King tract, being the northwest corner of a 36.75 acre tract of
land conveyed to F.M.C. Corporation in a deed recorded in Volume 581, Page
739, D.R.E.C.T.:
THENCE N 29 005'40" W, along the west line of said Bowan /King tract, a distance
of 50.16 feet to an iron pin found for corner, being on the arc of a curve to the
right having a central angle of 07 007'53 ", a radius of 1050.00 feet, a chord
distance of 130.61 feet and a chord bearing of N 63 041'48" E;
THENCE along said curve, an arc length of 130.69 feet to an iron pin set at the
point of reverse curvature for a curve to the left having a central angle of
07 °03'26 ", a radius of 950.00 feet, a chord distance of 116.94 feet and a chord
bearing of N 63 044'02" E;
THENCE along said curve, an arc length of 117.01 feet to an iron pin set at the
point of tangency of said curve;
THENCE N 60 012'19" E, a distance of 911.45 feet to an iron pin set at the point
of curvature of a curve to the left having a central angle of 14 038'59 ", a radius of
950.00 feet, a chord distance of 242.24 feet and a chord bearing of
N 52 °52'50 "E;
THENCE along said curve, an arc length of 242.90 feet to an iron pin set at the
point of reverse curvature for a curve to the right, having a central angle of
11'3344", a radius of 1050.00 feet, a chord distance of 211.53 feet and a chord
bearing of N 51 020'12" E;
THENCE along said curve, an arc length of 211.89 feet to an iron pin set at the
point of tangency of said curve;
HAO13/3906 1LEGAL/ROW 113OW KING
EXHIBIT A
- THENCE N 57 007'04" E, a distance of 100.02 feet to an iron pin set at the point
of curvature of a curve to the right having a central angle of 0010'4111, a radius of
1050.00 feet, a chord distance of 3.26 feet and a chord bearing of N 57 012'25" E;
THENCE along said curve, an arc length of 3.26 feet to an iron pin set for corner
on the west line of said Bowman /King tract;
THENCE along the west line of said Bowman /King tract, S 29 005140" E, a
distance of 100.21 feet to an iron pin set for corner from which an iron pin found
at the southeast corner of said Bowman /King tract, bears S29 °05'40" E, a
distance of 11.97 feet, said iron pin being the northwest corner of a 6.5 acre
remainder tract conveyed to Sybil Kessler by deed recorded in Volume 72, Page
547, D.R.E.C.T.;
THENCE S 57 007'04" W, a distance of 96.66 feet to an iron pin set at the point of
curvature of a curve to the left having a central angle of 02 050'58 ", a radius of
950.00 feet, a chord distance of 47.24 feet and a chord bearing of
S 55 °41'35" W;
THENCE along said curve, an arc length of 47.25 feet to an iron pin set on the
north line of said 6.5 acre Sybil Kessler tract and south line of said Bowman /King
tract;
THENCE along the north line of said Kessler tract and the south line of said
Bowman /King tract, S 61025'24" W, a distance of 238.80 feet to an iron pin found
at the northwest corner of said Kessler tract, being the northeast corner of said
F.M.C. tract;
THENCE along the common line of said Bowman /King and said F.M.C. tract,
S 60 °12'19" W, a distance of 1327.95 feet to the Point of Beginning and
containing 1.889 acres (82,282 sq. ft.) of land, more or less.
WJOB/39MLEGAUROW /BOW KING cxHiBIT p 17
0.021 ACRE TRCT
Bowman / King
BEING a 0.021 acre tract of land situated in the City of Stephenville, Erath
County, Texas, out of the William Motley Survey, Abstract No. 515 and being a
portion of a 55.37 acre remainder of a 206.56 acre tract of land conveyed to
Carole Sue Bowman and Kathryn King as described in a Deed of Gift recorded in
Volume 606, Page 500 of the Deed Records of Erath County, Texas
(D.R.E.C.T.), and being more particularly described as follows:
BEGINNING at an iron pin found at the southeast corner of said 55.37 acre
remainder Bowman /King tract, being the northeast corner of a 6.5 acre
remainder tract of land conveyed to Sybil Kessler in a deed recorded in
Volume 72, Page 547, D.R.E.C.T.:
THENCE S 61025'24" W along the north line of said Kessler tract, a distance of
143.50 feet to an iron pin set for a point for corner, being on the arc of a curve to
the right having a central angle of 02 °50'58 ", a radius of 950.00 feet, a chord
distance of 47.24 feet and a chord bearing of N 55 041'35" E;
THENCE along said curve, an arc length of 47.25 feet to an iron pin set at the
point of tangency of said curve;
THENCE N 57 007'04" E a distance of 96.66 feet to an iron pin set for corner on
the east line of said Bowman /King tract;
THENCE along the east line of said Bowman /King tract, S 29 °05'40" E a distance
of 11.97 feet to the Point of Beginning and containing 0.021 acres
(925 sq. ft.) of land, more or less.
HIJOB/3906 /LEGAUROW/BW KING2
EXHIBIT A
DINO.MRI
..3225
WOLFE NURSERY ROAD
0.903 ACRES
Carol E. Barnett
BEING a 0.903 acre tract of land situated in the City of Stephenville, Erath
County, Texas, out of the William Motley Survey, Abstract No. 515 and being a
portion of a 12.958 acre tract of land conveyed to Carol E. Barnett as described
in a Special Warranty Deed recorded in Volume 734, Page 425 of the Deed
Records of Erath County, Texas, said 0.903 acre tract of land being more
particularly described as follows:
BEGINNING at the northeast corner of said 12.958 acre Carol E. Barnett tract,
said point lying on the centerline of Wolfe Nursery Road;
THENCE S 28 035'08" E along said centerline of Wolfe Nursery Road a distance
of 686.30 feet to a point for corner;
THENCE S 10 02324" E a distance of 309.39 feet to a point for corner on arc of a
curve to the left, having a central angle of 18 °01'21 ", a radius of 950.00 feet, a
chord distance of 297.60 feet and a chord bearing of N 19 °32'19" W;
THENCE along said curve to the left an arc distance of 298.82 feet to the Point of
Tangency of said curve;
THENCE N 28 035'08" W a distance of 686.32 feet to a point for corner in the
north line of said 12.958 Barnett tract;
THENCE along said north line of said Barnett tract N 61026'11 " E a distance of
50.00 feet to the Point of Beginning and containing 0.903 acres (39,335 sq. ft.) of
land, more or less.
HIJOB/3906ILEGAUROW/BARNETT EXHIBIT
1 9
WEST FREY STREET
0.132 ACRES
Sybil Kessler
BEING a 0.132 acre tract of land situated in the City of Stephenville, Erath
County, Texas, out of the William Motley Survey, Abstract No. 515 and being a
portion of the 6.5 acre remainder of a tract of land conveyed to Sybil Kessler as
described in a Deed recorded in Volume72, Page 547 of the Deed Records of
Erath County, Texas (D.R.E.C.T.), and being more particularly described as
follows:
BEGINNING at an iron pin found at the northwest corner of said 6.5 acre Sybil
Kessler tract, said point being the northeast corner of a 36.75 acre tract of land
conveyed to F.M.C. Corporation as recorded in Volume 581, Page 739,
D.R.E.C.T. being on the south line of 55.37 acre remainder tract of land
conveyed to Carole Sue Bowman and Kathryn King in a Deed of Gift as recorded
in Volume 606, Page 500, D.R.E.C.T.:
THENCE N 61025'24" E,along the common line of said Kessler tract and
Bowman /King tracts a distance of 238.80 feet to an iron pin set on the arc of a
curve to the left having a central angle of 08 04245 ", a radius of 950.00 feet, a
chord distance of 144.32 feet and a chord bearing of S 49 05443" W;
THENCE along said curve an arc length of 144.46 feet to an iron pin set at the
point of reverse curvature for a curve to the right having a central angle of
05 °27'35 ", a radius of 1050.00 feet, a chord distance of 100.02 feet and a chord
bearing of
S 48 °17'08" W;
THENCE along said curve an arc length of 100.06 feet to an iron pin set for
corner on the west line of said Kessler tract, being on the east line of said F.M.C.
Corporation tract;
THENCE along the common line of said Kessler tract, and F.M.C. Corporation
tracts, N 28 °33'11" W, a distance of 51.54 feet to the Point of Beginning and
containing 0.132 acres (5,764 sq. ft.) of land, more or less.
HAO13/3906 /1-EGAUROMESS_2
EXHIBIT t � 0