2002-015RESOLUTION NO. 02-015
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A
CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A STRIP OF RIGHT OF WAY FOR USE BY THE
CITY FOR THE CONSTRUCTION OF STREET
IMPROVEMENTS OR FOR OTHER PURPOSES PERMITTED BY
LAW.
WHEREAS, the City of Southlake is in the process of constructing street
improvements along Johnson Road, (the "Project") which will serve vehicular traffic in
the city; and
WHEREAS, in order to complete construction of the Project, it is necessary for
the city to acquire right of way from property owners who own land across which the
Project will be located; and
WHEREAS, the city and the owners of said properties, Elizabeth A. Mitchell of
Southlake, have been unable to reach an agreement on the acquisition of this right of way as
Elizabeth A. Mitchell is unable to convey clear title to the city for said right of way; and
WHEREAS, the city council now deems it necessary to authorize the city
attorney to initiate condemnation proceedings in order to acquire the necessary right of
way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
The City Attorney is hereby authorized to bring a condemnation lawsuit for the
purpose of acquiring a street right of way, being more particularly described on the
exhibit attached hereto.
SECTION 2.
The City Council finds that such acquisition in this condemnation action is
necessary in order to serve the public health, safety and welfare.
q -rO
PASSED, APPROVED, and EFFECTIVE this day of y'((V i` ,
2002.
Ma*,City of Sou e
SuT'yC,y''',,
ATTEST: -
v
ay S cretary '''.,,*
APPROVED AS TO FORM AND LEGALITY:
City Attorney a
I 2001 -ROW -038 -TA
kA
ROW -38
EXHIBIT "A"
BEING a tract of land out of the J. G. Allen Survey, Abstract No. 18, City of Southlake,
Texas, and being part of a 1.226 acre tract of land conveyed to Elbert R. and Elizabeth A.
Mitchell as recorded in Volume 5309, Page 156 of the Deed Records of Tarrant County,
Texas (DRTCT), and being more particularly described as follows:
COMMENCING at a found 5/8 -inch iron rod located in the east line of Pearson Lane (FM
4041) for the southwest corner of said 1.226 acre tract; Thence North 00 degrees 21
minutes 01 seconds East, along the east line of said Pearson Lane and the west line of
said 1.226 acre tract, for a distance of 209.32 feet to THE POINT OF BEGINNING,-
THENCE
EGINNING;
THENCE North 00 degrees 21 minutes 01 seconds East, continue along the east line of
said Pearson Lane and the west line of said 1.226 acre tract, for a distance of 36.04 feet to
a point in the center of Johnson Road (FM 4091) for the northwest corner of said 1.226
acre tract;
THENCE North 89 degrees 27 minutes 20 seconds East along the center line of said
Johnson Road and the north line of said 1.226 acre tract, for a distance of 216.50 feet to
the northeast corner of said 1.226 acre tract;
THENCE South 00 degrees 11 minutes 53 seconds East along the east line of said
1.226 acre tract, for a distance of 23.79 feet to a point for a corner;
THENCE South 88 degrees 18 minutes 55 seconds West for a distance of 70.51 feet to
a point for a corner;
THENCE South 89 degrees 09 minutes 12 seconds West for a distance of 136.26 feet
to a point for a corner;
THENCE South 44 degrees 35 minutes 22 seconds West for a distance of 14.35 feet to
the POINT OF BEGINNING and containing 5,516 square feet or 0.1266 acres of land of
which 0.0969 acres lies within a public road.
4
PECAN ACRES ADDITION LOT 1
VOL. 388-150, PG. 11 ROBERT & CHRYSTAL BOUDREAUX 2001 -ROW -038-- P.R.T.C.T. VOL. 13947, PG. 441
D.R.T.C.T. 1
PIA 1+24.21
i PROPOSED EXISTIN
j - - PAVING - FENCE (TYP) 5/i FIR
S/i F ------------------
j' I
I ----- - -- -- --- — , -.... - -
JOHNSO_N ROAD 1+00 ' N89 27'2O`E 216.50' 00
VARIABLE W14TH R.L a9_4_E2087 _. 40,
I —----
x , I
I`
X1'!aY;wiu,w••3
S89'09'12'Er 15t -.21s' - S88`18'55'W
36. 4' a ) ) 70.51' 23.79'
Luio% 'r -- S44'35'22'W
zl= --- 14.35 :1
POINT OF 1 SANDRA JONESX
a3 I! BEGINNING I VOL.
1370
4, PG. 251STATION0+25.98, D.R.T.C.T. C.w7 37.00' RT. TRACT ROW -38
m 0.1266 ACRES j
H I i pe lbs - 0.0969 IN PUBLIC RD.
4 • • - = 0.0297 ACRES NET !Mti
YI n" V
jN0
M O
I"' ELBERT R. & ELIZABETH A. MITCHELL j ZI VOL. 5309, PG. 156 iu a
Cf 1.23 ACRES
X I L}1w AREA REMAINING 1.10 ACRES joa
MAILING ADDRESS: 'Oin
525 PEARSON LANE IV'
X I o KELLER, TEXAS' 76248 j
X
I I
FIR I
l ! S89'27'20'W 218.85'
4 (N89'45'W 208.7') i
x j POINT OF PEARSON LANE ADDITION
COMMENCING LOT 3 VOL. 388-170, PG. 22
P.R.T.C.T.
l
1
DRAWING OF EXHIBIT 'A'
0.0297 ACRE RIGHT-OF-WAY (ROW -38)
OUT OF THE J.G. ALLEN SURVEY, A-18 O FT 7
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS S T•• • PF jv
NOTE: BY `P. G\ fqc• 9HALFFASSOCIATESI1 =DEED CALL 4000 FOSSIL CREEK BLVD. .............................
FORT WORTH, TEXAS 76137 JERRY L. LEHEW
I, Jerry L. Lehew, Registered Professional Land Surveyor, do hereby certify i o"' 3 • "' " q 389) that this plat was prepared from a survey made on the ground 9 .OF o?:; fSS.• under my supervision. p N
GIVEN UNDER MY HAND h SEAL this e /0 CAI day of JkLi ,2001
S U F
BYi ZyL. JerLw
Registered Professional Land Surveyor 5 0 2S so 100 so
State of Texas No. 3897
SCALE IN FEET1!932\ddn\ 6w\. DGN•DarCN3Ldgn. REF- PARCEL34.dom