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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