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12-007 OFFICIAL RECORD RESOLUTION NO. 12 -007 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING EASEMENTS FOR CONSTRUCTION AND MAINTENANCE OF WATER SUPPLY LINE IMPROVEMENTS AND APPURTENANCES AND FOR OTHER PUBLIC PURPOSES PERMI'11'ED BY LAW WHEREAS, the City of Southlake is in the process of constructing a 30" water transmission main along S.H. 114 (the Project") to connect to the T.W. King Pump Station 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 an easement from property owners who own land across which the Project will be located; and WHEREAS, the City and the owner of the property, Maguire Partners LP- Solana, (the 'Maguire Property "), have been unable to reach an agreement on the acquisition of the needed easement; 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 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 0.448 acre right of way, as more particularly described on the attached Exhibit "A -1" and depicted on the attached Exhibit `B -1" and a 0.324 acre temporary construction easement , as more particularly described on the attached Exhibit "A -2" and depicted on Exhibit "B -2 ". 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 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, 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 is needed so that the City of Southlake can construct waterlines and 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. St ADOPTED this a l day of CC.bv L,► u- , 2012. CM, 010 Mayor, City of Sou e.,: e ATTEST: ,,,,,,,,,,,,,,,,,, v' %, , • , Alicia Richardson, City Secretaiylt m 0 ° * EXHIBIT "A -1" LEGAL DESCRIPTION 30' PERMANENT WATER LINE EASEMENT BEING a 30 foot wide strip of land located within Lot 1, Block 1, Westlake /Southlake Park Addition No. 1, to the Town of Westlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -214, Page 78, of the Plat Records of Tarrant County, Texas. Said 30 foot wide strip of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the North boundary line of said Lot 1, and said Point of Beginning being located S 89 °26' 14" W 52.49 feet from the Northeast corner of said Lot 1; THENCE S 33 °37' 53" E 105.61 feet, to a point; THENCE S 12 °35' 12" W 29.07 feet, to a point at the West corner of an existing Southwestern Bell Telephone Co. easement, recorded in Volume 2288, Page 436, of the Deed Records of Denton County, Texas; THENCE S 32 °2T 57" E 50.00 feet, along the Southwest boundary line of said telephone easement, to a point at the South corner of said telephone easement; THENCE S 77 °24' 34" E 31.91 feet, to a point; THENCE S 33 °37' 53" E 376.12 feet, to a point; THENCE S 78 °42' 43" E 13.81 feet, to a point; THENCE N 54 °52' 25" E 9.32 feet, to a point in the Southwest right -of way line of State Highway No. 114, and the Northeast boundary line of said Lot 1; THENCE S 29 °30' 13" E 30.15 fret, along the Southwest right -of -way line of said State Highway No. 114, to a point; THENCE S 54 °52'25" W 19.23 feet, to a point; THENCE N 78 °4T43" W 39.13 fret, to a point THENCE N 33 °37'53" W 376.52 feet, to a point; THENCE N 77 °24'34" W 32.29 feet, to a point; THENCE N 32 °22'57" W 74.85 feet, to a point; THENCE N 12°35'12" E 28.68 feet, to a point; 050405 000001 FTWORTH 180159 A -1 THENCE N 33 °37'53" W 92.00 feet, to a point; THENCE N 36 °42'30" W 21.11 feet, to a point in the North boundary line of said Lot l; THENCE N 89 °26' 14" E 37.15 feet, along the North boundary line of said Lot 1, to the POINT OF BEGINNING, containing 0.448 acre (19,494 square feet) of land. 050405 000001 FTWORTH 180159 A -2 EXHIBIT "B-1" SURVEY PERMANENT WATERLINE EASEMENT N i \ EXHIBIT "B" POINT OF . '(",`,.., N • -BEGINNING \ ,..--- ...›, oor,„4.4,-,t epw' 5 2 4 -, :). , • R, 1 15).0,, S 3337'53E , , , ...." tos.ec o 21.1,r . ,... X N 36'42 30 W \ 'S 12•302W N'53 . 7 , 00 . ,, 29 \ ,...LuFlo , 0 R DC 7 qe, , . . / ! aOUTIMC5rERN MU TEL_ ` vIrh, CO [SAO \ KR 9140 K. 532 , 0 R T CI • S/32 MERV.. CORPORATOR • \WOO VOL 2312 Pc 75+ DROCT 1 '11 9 \7724'34"E N 1235'12E ^ - c \31.91 ,,.., 25.55' V N 32•22%07"W / 74.85 ,..._,/ LOT I. BLOCK 1 •■ / 4. „5 v" RISTLAKEISOUFFILAKE PARK ADDITION No. I R: VOL 380-214, PG 78 / - Bit T.0 V ia 4.. ORNER / '1'4' \ MAOUIRE PARTNERS-SOLANA LAND LP ' 1R• \ /' / 4, \ 30' WIDE PERMANENT WATERLINE EASEMENT LtkuN, 0.448 ACRE 4' .^6. (19.494 SQ.F.) ' -I hh 0 --.) ...,„ o• -,. , t° ■ \ 0 .(.. • '•N , ■ ' ,. \ c.,.., cp C8 00 . 0 0 Jai r) • cb s , . 0 x 0-1 ' gF' L.) e :' N 78•42.43"W' \ 0 W C , ' ■ r il5", ,. *.' 3943. $ 64'52 25"W 7, Fej;,— 19.23' R Q ?..2.1.4 SOUTHLAKE, TX 13 ,,,,,, KE1 el 1400 mom St_, $t 370 Mi THLA TEL 017-740-009D ' I r., 30' WIDE PERMANENT B RITTAIN & CRAWFORD WATERLINE EASEMENT 1 I LAN° SURVIVING & ,1 0,445 ACRE OF LAND b 7.:.. TOPOGRAMC YAPPING . .2.-.,,. LOCATED WITHIN LOT 1, BLOCK 1 ,•,,) ...w. .-.. 0 ,, WESTLAKE/SOUTH1AKE i a14 1 • %A Si.r..T. PARK ADDITION No,1 ta. ..........,.................- ...re.... .. CITY OF WESTLAKE, Ealer....1,.. . TARRANT COUNTY, TEXAS S 1".'-'60' ___ "K .1; ) DATA \ FN \ FM_SOIM11..AKE Ail _09 \ •_PERV_Ii DWC 0504 05 00 000 1 FTW ORTH 18 0159 B- 1 EXHIBIT "A -2" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT 20' TEMPORARY CONSTRUCTION EASEMENT BEING a 20 foot wide strip of land located within Lot 1, Block 1, Westlake /Southlake Park Addition No. 1, to the Town of Westlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -214, Page 78, of the Plat Records of Tarrant County, Texas. Said 20 foot wide strip of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the North boundary line of said Lot 1, and said Point of Beginning being located S 89 °26' 14" W 89.64 feet from the Northeast comer of said Lot 1; THENCE S 36 °42' 30" E 20.11 feet, to a point; THENCE S 33 °37' 53" E 92.00 feet, to a point; THENCE S 12 °35' 12" W 28.68 feet, to a point; THENCE S 32 °22' 57" E 74.85 feet, to a point; THENCE S 77 °24' 34" E 32.29 feet, to a point; THENCE S 33 °37' 53" E 376.52 feet, to a point; THENCE S 78 °42' 43" E 39.13 feet, to a point THENCE N 54 °52' 25" E 19.23 feet, to a point in the Southwest right -of -way line of State Highway No. 114, and the Northeast boundary line of said Lot 1; THENCE S 29 °30' 13" E 20.10 feet, along the Southwest right -of -way line of said State Highway No. 114, to a point; THENCE S 54 °52' 25" W 25.83 feet, to a point; THENCE N 78 °42' 43" W 56.02 feet, to a point; THENCE N 33 °37' 53" W 376.78 feet, to a point; THENCE N 77 °24' 34" W 32.54 feet, to a point; THENCE N 32 °22' 57" W 91.42 feet, to a point; THENCE N 12 °35' 12" E 28.43 feet, to a point; THENCE N 33 °37' 53" W 82.93 feet, to a point; 050405 000001 FTWORTH 180159 A -1 THENCE N 36 °42'30" W 35.18 feet, to a point in the North boundary line of said Lot 1; THENCE N 89 °26' 14" E 24.77 feet, along the North boundary line of said Lot 1, to the POINT OF BEGINNING, containing 0.324 acre (14,129 square feet) of land. 050405 000001 FTWORTH 180159 A -2 EXHIBIT "B-2" SURVEY TEMPORARY CONSTRUCTION EASEMENT `, \ EXHIBIT IT- B \ n , ra 89•28'14E , ' .7'N POINT OF1 ..... , \ • ••.5. ..,3i, N • • - . BN4 -, ( S IS:42 PCO . g1,11 . \ '1,2 i' ... ,, V ' S \ \ s \ (6 t, - " xi, , . , P2 e cr. SOURWESTERN SELL .i g fr oZN 1. R , \ , ' TELEPHONE EASESIFJO l I '"?.? t s 1e36'1,2w , 00 - ?, 436 5.. \,.. • . v 2,8 .: ,.... .r.).: i ■ ' c E ' SI j I;• Ceti 1 ',..„, t).. ' tg kT ` .. SP . .Tr., ‘' ‘, A 4). , , § z v Ir * s TZ4' i. O.' . Ye0 -8.2 .. ,,p \ 1 of \ e e § . 7 N 77•24 32.54' \ „..------ ..---- \ \ 20' WIDE TEMPORARY ip CONSTRUCTION EASEMENT ‘ \ \ 0.324 ACRE \ (14,129 SQ.F.) ,..r N \ 4 o, \ LOT t, BLOCK WEST1AKE/8OUTHLASE °% 4 ).*;! 7 •‘ \ s PARK ADDITION No. 1 VOL 388-214, PG 70 IP VA,", P.P.T.C.T. ilk V' S \ , \ O .. NE& .i \, , \ r MAGUIRE PARTNERS-SOLANA .1 Q ..1 . 3 z 8 . 14, 1:4 0.) CS • \ .,',.-- .?„, 4, <, G'S, ., , , 1 ,. . • .4" ,,,. , • +.<e • ,... , , 4.? f111 L oiRrnAor'. ,. , 0.,,,i i ," ,.-t ■ IN , .,./ , 1,.. '' N 78•42 S etes2 25.83' , SOUTHLAKE, TX 0 .b- t : TTI _ LAKE ', ',9. - 14co Mom St., Sta. 320 . ICANS i , ,.. 'EL; 017 748 0090 , 20' WIDE TEMPORARY E , - BRI'FFAIN & CRAIWORD CONSTRUCTION 2 LAND SURVEYING Ac EASEMENT TOPOGRAPHIC MAPPING 0.324 ACRE OF LAND --.--- =-- 1 EA .16-43 - vcRo AH') , 951 1 LOCATED WITHIN LOT 1. BLOCK I •0 905 13 • mg, ,AAH on.. now .0100 5...05 .5 05 IESTLAKE/SOUTHLAKE, PARK ADDITION PI, ...........--.....t...... No.1, CITY OF WESTLAKE, TARRANT COUNTY. TEXAS SCALE 1" ()' ., '',K G ) DA \ FN \ ._ DWG 050405 00 0001 FTWORTH 180159 B- 1