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12-002 OFFICIAL RECORD RESOLUTION NO. 12 -002 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A RIGHT OF WAY AND EASEMENTS FOR CONSTRUCTION AND MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing public roadway improvements along North Kimball Avenue (the "Project ") which will serve existing and future development in the City; and WHEREAS, in order to complete construction of the Project, it is necessary for the City to acquire a right of way and easements from property owners who own land across which the Project will be located; and WHEREAS, the City and the owner of the property, Richard and Mary Ann Holliday, (the "Holliday Properties "), have been unable to reach an agreement on the acquisition of the needed right of way and easements; 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 and easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The City Council of the City of Southlake, Texas, hereby finds and determines that the recitals made in the preamble of this Resolution are true and correct, and incorporates such recitals herein. SECTION 2. The City Council of the City of Southlake, Texas hereby finds and determines that a public necessity exists for the City of Southlake, Texas to acquire a 0.149 acre right of way including an existing 0.075 acre prescriptive right of way, a 0.030 acre permanent utility, drainage and wall easement, and a 0.033 acre temporary construction easement on the Properties, as more particularly described on the attached Exhibit "A" and depicted on the attached Exhibit `B ". SECTION 3. The City Attorney is hereby authorized to bring a condemnation lawsuit against the owners, and any and all other parties having an interest in the property, for the purpose of acquiring the above referenced right of way and easements through the exercise of the City's power of eminent domain, provided that the following conditions are first met: (a) The City will obtain ownership information and a legal description for each parcel to be acquired; (b) If the property owners and /or other parties are located through the exercise of due diligence, the City Manager, or her designated representative, will: (1) Make a final offer to the owners and/or other parties for the purchase of the above referenced right of way and easements; (2) When the final offer to purchase is made, the City Manager or her representative will disclose to the owners and /or other parties, all existing appraisal reports or value studies produced or acquired by the City relating to the owners' or parties' property and used by the City in determining the amount of the final offer; (3) If the owners and/or other parties fail or refuse to accept the City's final offer, the City Manager may direct the City Attorney to file eminent domain proceedings. (c) When any of the owners and /or other parties cannot be located through the exercise of due diligence, the City Attorney may skip the actions described in paragraph (b) and may file eminent domain proceedings against such owners and /or other parties, and shall cite such owners and /or other parties, who cannot be located, by publication in the manner authorized by law. (d) The City Council hereby authorizes the City Manager to make final offers to the owners of such property in such amount as the City Manager determines to be just compensation for conveyance to the City of Southlake of the above referenced right of way and easements, based upon appraisals or market studies available to the City Manager. SECTION 4. That the City Council hereby finds and determines that the above described right of way and easements are needed so that the City of Southlake can construct roadway improvements, which is a public purpose and is necessary to serve the public health, safety and welfare. SECTION 5. That this Resolution shall take effect upon its adoption, and it is so Resolved. ADOPTED this kiday of Inzzat , 2012. fill11 .% MayDx,,C � y of Sout • I e `�� ATTEST: ,o O vTH • E A k _ 1; :v : ) •jam :cn- Alicia Richardson, City Secretary S. ' t • ••.....••• _ _ __- EXHIBIT "A" LEGAL DESCRIPTION PERMANENT UTILITY, DRANAGE AND WALL EASEMENT NORTh KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 16 BEING 0030 acre of land located in the Francis Throop Sumey, Abstract No 1511, Gouth|ake, Tarrant County, Texus, and being a portion of a tract of land conveyed to Richard Holliday and wife, Mary Ann Holliday by the deed recorded in Volume 14325, Page 524, of the Deed Records of Tarrant County, Texas. Said 0,030 acre of and being more particularly described by metes and bounds as follows: BEGINNING at a vz" iron rod marked "Brittain & Cmwfond~, set in the North boundary line of said Holliday Tract, lying N 89~45' 37^ VV 49,92 feet, from a "PK" nail found marking the Northeast corner of said Holliday Tract, and said POINT OF BEGINNING also lying in the new West right-of-way line of North Kimball Avenue; THENCE SOO"4A 31^E 130.88 feet, along the new West right-of-way line of said North Kimball Avenue, to a V2' iron rod marked "Brittain & Crawford". set in the South boundary line of said Holliday Tract: THENCE N8Q`4537^VV 10,00 ha*t, along the South boundary line of aforesaid Holliday Tract, to a point; THENCE NO0~49'31^VV 130,88 heet, to a point in the North boundary line of said Holliday Tract; THENCE 38A~45'37'E 10.00 feet, along the North boundary Iine of said Holliday Tract to the POINT OF BEGINNING containing 0.030 acre (1.3O0 square feet) nfland. G .*uwrnba»*goisIEs/e „ . ... S 1 CO 1 jb c le 1 K / GERALD C. GRAHAM AND WIFE, I Ld Lj 1 N. BARBARA GRAHAM VOL.1 0817, PG.2378 D.R.T,C.T. i d ....,1 D 1 N CI Cr) POINT OF BEGINN 1 ING 0 I "PK” NAJL FOUND 'N R NORTHEAST CORNER OF 1 /2" IRON ROD SET HOLLIDAY TRACT S 89°45'37"E 10.00' , La 10' PERMANENT UT1L1TY, N 89'45'3 "W •=4, DRAINAGE AND WALL EASEMENT 49.92 z i 41 0.030 ACRE / 1,309 SQ.FT 1.L1 N 00°49'31"W 130.88' lg.' 01 "IIC — — -- — — - ..-• . ..,.., a. TEMPORARY CONSTFTUCTION EASEMENT I 'It •110 4 1 0,013 ACRE / 1,424 SO.FT: 1 1.„ . Pr) CD L 6.- X 1 0. 0 It RICHARD HOWDAY AND WIFE, 2 I MARY ANN HOWDAY I PROPOSED X VOL14325, PG.524 Mill -OF - AY - - — D.R.T.C.T. Ira 20.00' — .... - - - - • • - • Z TUMBLEWEED TRAIL 1 /2" IRS N 89°45'37"W 10.00' 4, iz .., 4 ) 1 L 4 N 4 3 JEFF MASSEY I VOL.16881, PG.198 I AiLV D.R.T.C,T. I 1 e- 1 , i ,-......._ PROPERTY CORNER NOTE ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS SCALE 1 50 (1 /2"IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" I CITY OF SOUTHLAKE . ) 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" BRrnsui &CRAWFORD 10' PERMANENT UTIUTY, .. - UVID SOFNEVING & DRAINAGE AND WALL EASEMENT J k TOPOGRIIPHIC MAPPING e ( 4171 1144 - W740 14171 41* 0.030 ACRE OF LAND .i.aocs L. eirima4 ClIA Ma. Min 11111-11.NI P.O. PDX 111174 a MD MIMI 71X111117I LOCATED IN THE I' MT MOM, 7EXAI 74110 ■01444.1p-eopOodamon FRANCIS THROOP SURVEY ' .". SOW6 OWL 444 ABSTRACT No. 1511 v iamiL v is _ 15 \ SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6, 2010 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 16 BEING 0.149 acre of land located in the Francis Throop Survey, Abstract No 1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed to Richard Holliday and wife, Mary Ann Holliday by the deed recorded in Volume 14325, Page 524, of the Deed Records of Tarrant County, Texas. Said 0.149 acre of and being more particularly described by metes and bounds as follows: BEGINNING at a "PK" nail found at the Northeast corner of said Holliday Tract and the Southeast corner of a tract of and conveyed to Gerald C. Graham and wife, Barbara Graham by the deed recorded in Volume 10817, Page 2378 of the Deed Records of Tarrant County, Texas, and said POINT OF BEGINNING also lying in the centerline of North Kimball Avenue; THENCE S 00° 36' 17" E 130.87 feet, along the East boundary line of said Holliday Tract and the centerline of said North Kimball Avenue, to a point at the Southeast corner of said Holliday Tract; THENCE N 89° 45' 37" W 49.42 feet, along the South boundary line of aforesaid Holliday Tract, and the North boundary line of a tract of and conveyed to Jeff Massey by the deed recorded in Volume 16881. Page 198 of the Deed Records of Tarrant County, Texas. to a 1/2" iron rod marked "Brittain & Crawford ", set in the new West right -of -way line of said North Kimball Avenue; THENCE N 00 49' 31" W 130.88 feet, along the new West right -of -way line of said North Kimball Avenue, to a '1/2" iron rod marked "Brittain & Crawford ", set in the North boundary line of said Holliday Tract: THENCE S 89° 45' 37" E 49.92 feet, along the North boundary line of said Holliday Tract and the South boundary line of said Graham Tract, to the POINT OF BEGINNING containing 0.149 acre (6,500 square feet) of land. G doc'\kimball- legals\prowl6 1 G, 1 0 1 I\ G.P GERALD C. GRAHAM AND WIFE, I v z 1 BARBARA GRAHAM Z u_ .73 \ F VOL.10817, PG.2378 D.R.T.C.T. c S 89 °45'37 "E ° O 1 IPOINT OF BEGINNING 49.92' 3 1 "PK" NAIL FOUND 1/2" IRS \ -- -- -- • 2 � :) _ W �,� J 00 w ,. Z 1 ;.' w Z .. ; F��� O Z J M r — — — I RICHARD HOLLIDAY AND WIFE, 3 o MARY ANN HOLLIDAY - ° _ w VOL.14325, PG.524 M , m D.R.T.C.T. "v) (I w `4' z 1= � IL o w a Pr) O I 8 2::. S X w 0 — — — — - Z a a '' 1/2" IRS N 0 Z TUMBLEWEED TRAIL N 89 °45'37 "W 49.42' I w — — — — No . N. I �G� i I 43 e JEFF MASSEY I is. VOL.16881, PG.198 I D.R.T.C.T. qr I p I • AREA TABLE SURVEYED ON THE GROUND 0.149 ACRE TOTAL MAY 26, 2010 � , "::i ., OF r,- 0.075 ACRE 6.500 PRESCRIPTIVE R.O.W. 4 0.074 ACRE NET „Q_ __ _ _ / \ JAMES L BRITTAIN > 3,228 SQ.FT. JAMES L BRITTA61 a 1;''` 1.519 O r REGISTERED PROFESSIONAL SURF'..' PROPERTY CORNER NOTE LAND SURVEYOR STATE \ OF IFXAS 140. 1674 ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2 "IRS) WITH CAP MARKED "BRIITAIN & CRAWFORD" 1 `� C O SOU 1400 MAIN STREET, SOUTHLAKE TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" RrrrenN &CRSwroRn Bn PERMANENT RIGHT -OF -WAY " s " 0.149 ACRE OF LAND TOPOGRAPHIC MAPPING LOCATED IN THE 4 " "' a rM N. - "'"° (11171 481.-3112 THROOP SURVEY FAx Mo. (E7» 926-0347 "�`""` ORt :aTM.'°E' SOUTH o ABSTRACT No. 1511 EM` edrnInIlbrRtakt-erowfani`am SOUTHLAKE, TARRANT COUNTY, \KIMBAL\ROW16\ TEXAS SCALE 1".= 50'