12-039 RESOLUTION NO. 12 -039
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 FOR
CONSTRUCTION AND MAINTENANCE OF ROADWAY
IMPROVEMENTS, PUBLIC WATER LINE OR FOR OTHER PUBLIC
PURPOSES PERMITTED BY LAW
WHEREAS, the City of Southlake is in the process of constructing a 30" water
transmission main along Randol Mill 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 from property owners who own land across which the Project will be
located; and
WHEREAS, the City and the owner of the property, Parvez and Seema Malik, (the "Malik
Property"), have been unable to reach an agreement on the acquisition of the needed 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 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 fmds and determines that a public
necessity exists for the City of Southlake, Texas to acquire a 0.196 acre right of way, 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 through the exercise of the City's power of eminent
domain, provided that the following conditions are first met:
Page 1
(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.
ADOPTED this r day of quST , 2012.
,,,"" Mayor, City of Sou e
ATTEST , ,`s 0 . .... . k
-
Alicia Richardson, City §e i'etary
Page 2
Parcel 235
F.M. 1938
CSJ: 1978 -01 -052
April 23, 2011
Exhibit A, Page 1 of 4
Being a 0.196 acre (8,543 square foot) tract of land situated in the B.J. Foster Survey, Abstract
Number 519, Tarrant County, Texas, and being a portion of that certain tract of land to Parvez
and Seema Malik, being a portion of Lot 1, Malik Estates Addition, as recorded in Cabinet A,
Slide 5711, Plat Records, Tarrant County, Texas (P.R.T.C.T.), being a portion out of the
remainder of that certain tract of land, as recorded in Volume 12526, Page 410, Deed Records,
Tarrant County, Texas (D.R.T.C.T.), part of an Easement for Ingress, Egress and Utilities
recorded in Volume 8947, Page 1351, D.R.T.C.T. and Terms conditions, stipulations of, and
Easements granted by agreement between adjoining landowners for use of Private Road, recorded
in Volume 10634, Page 104. D.R.T.C.T., as affected by Instruments) recorded in Volume 12531,
Page 1164, in Volume 14338, Page 184, and under Clerks File No. D206394840, D.R.T.C.T. and
being more particularly described by metes and bounds as follows;
BEGINNING at a set 5/8 inch iron rod with Transystems cap on the Proposed Easterly Southlake
Right -of -Way line, a 16 foot wide Right -of -Way, said point also being on the North line of said
Malik Estates Addition, also being the South line of a Lot 5C, Block 1, Palomar Addition, as
recorded in Cabinet A, Slide 12339, P.R.T.C.T., being South 89 °09'37 - West, a distance of
268.93 feet from a found 1/2 inch capped iron rod for the Northeast corner of said Lot I, Malik
Estates Addition and the South line of said Palomar Addition;
(1) THENCE South 6°08'56 with the Proposed Easterly Southlake Right -of -Way line, a
distance of 158.21 feet to a set 5/8 inch iron rod with Transystems cap on the Easterly line of a 23
foot Right -of -Way Reservation as shown by said Malik Estates Addition Plat, point also being the
beginning of a curve to the left, whose center point bears South 83 °51'54 "East, a distance of
1,920.00 feet;
(2) THENCE with said curve and with the Proposed Easterly Southlake Right -of -Way line, in a
Southerly direction, continuing through a central angle of 6 °13 "55 ", an arc distance of 208.83 feet
to a set 5/8 inch iron rod with Transystems cap (at 193.21 feet passing the South line of said Lot
1, Malik Estates Addition and the North line of the said Remainder of Malik tract);
(3) THENCE South 0°05'49 with the Proposed Easterly Southlake Right -of -Way line, at a
distance of 130.58 feet passing the North line of said Easements, continuing a total distance of
190.58 feet to a set 5/8 inch iron rod with Transystems cap on the South line of said Remainder of
Malik tract, the South line of said Easements, also being along the North line of a tract of land to
Valerie Joyce Clark, as recorded in Volume 7794, Page 102, D.R.T.C.T.;
(4) THENCE North 89°56'23"West, with the South line of said Remainder of Malik tract, the South
line of said Easements and the North line of said Clark tract, a distance of 16.00 feet to a set 5/8
inch iron rod with Transystems cap on the Proposed Easterly Right -of -Way line of F.M. 1938;
(5) THENCE North 0 °05 "49 "West, with the Proposed Easterly Right -of -Way line of F.M. 1938, at a
distance of 60.00 feet passing the North line of said Easements, continuing a total distance of
205.96 feet to a set 5/8 inch iron rod with Transystems cap along the North line of said
Remainder of Malik tract and the Existing Easterly Right -of -Way line of F.M. 1938;
Parcel 235
F.M. 1938
CSJ: 1978 -01 -052
April 23, 2011
Exhibit A, Page 2 of 4
(6) THENCE North 89 °09'39 "East, along the North line of said Remainder of Malik tract and the
Existing Easterly Right -of -Way line of F.M. 1938, a distance of 5.41 feet to the Southwest corner
of said 23 foot Right -of -Way Reservation, point also being an ell corner of the Existing Easterly
Right -of -Way line of F.M. 1938;
(7) THENCE North 0 °24'40 "West, along the Existing Easterly Right -of -Way line of F.M. 1938, a
distance of 119.99 feet to a set 5/8 inch iron rod with Transystems cap, point also being the
beginning of a curve to the right, whose center point bears South 86 °05'03 "East, a distance of
1,936.00 feet;
(8) THENCE with said curve and with the Existing Easterly Right -of -Way of F.M. 1938, in an
Northerly direction, through a central angle of 2 °13'59 ". an arc distance of 75.45 feet to a set 5/8
inch iron rod with Transystems cap;
(9) THENCE North 6 °08'56 "East, with the Existing Easterly Right of Way of F.M. 1938, a distance
of 138.68 feet to a set 5/8 inch iron rod with Transystems cap;
(10) THENCE North 0 °24'40 "West, with the Existing Easterly Right of Way of F.M. 1938, a distance
of 16.98 feet to a set 5/8 inch iron rod with Transystems cap point on the Northeast corner of said
23 foot Right -of -Way Reservation, the Northwest corner of said Lot 1, Malik Estates Addition,
and along the South line of said Lot 5C, Block 1, Palomar Addition;
(11) THENCE North 89 °09'37 "East,with the North line of said Lot 1, Malik Estates Addition and the
South line of said Lot 5C, Block 1, Palomar Addition, a distance of 18.07 feet to the POINT OF
BEGINNING, containing 0.196 acre (8,543 square feet) of land, more or less.
NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North
American Datum 1983 (NAD 83)., with all distances and coordinates adjusted to surface by
project surface factor of 1.00012825.
NOTE: Plat to accompany this legal description.
Parcel 235
F.M. 1938
CSJ: 1978 -01 -052
April 24, 2011
Exhibit A, Page 3 of 4
That 1, Timothy A. Frost, a Registered Professional Land Surveyor in Texas, hereby states that this survey
was made from an actual on the ground survey made in July, 2010 under my supervision, that all
monuments exist as shown hereon and this survey substantially conforms with the current professional
and technical standards as set forth by the Texas Board of Professional Land ing.
.. T * lp ' 'f A. F OST • Elj1
Timothy A. ''st • ; ' ' r
Registered Professional Land Surveyor �'� a �
Texas Registration Number 5316 �` /
y23 -Z'/z„
Commitment for Title issued by Alliant National Title Ins Company, with an effective date of March 21, 2012,
issued date of April 5, 2012 GF #12 -00634 affecting subject property.
SCHEDULE B -
C. Interest in all oil, gas, and other minerals as reserved in deed recorded in Vol. 717, Pg. 613, D.R.T.C.T.
(Surveyor has no opinion)
D. Easement for ingress, egress and utilities recorded in Vol. 8947, PG. 1351, D.R.T.C.T. (Affects)
E. Terms, conditions, stipulations of, and easements granted by Agreement Between Adjoining Landowners For
Use of Private Road, recorded in Vol. 10634, Pg. 104, D.R.T.C.T. as affected by instrument(s) recorded in Vol.
12531, Pg. 1164, in Vol. 14338, Pg. 184, and under Clerks File No. D206394840, D.R.T.C.T. (Affects)
I I, r - l --- P.ALOMA1 ESTATES HOMEOWNER ASSOLIATON
' BLOC/ 1, WT 5C, PALOMAR ESTATES ADDITION
,8.07' CAB. A, SLIDE /2339, P.R.T.C.T.
f N 6498 W \ , 1
F.O.B. 1' Bo Jo FOSTER
z PARCEL 235 cci
O 61 PROPOSED ROW
kJ M N' 4 , N SOUTHLAKE
I SURV FY
PARVEZ MAUK AND SEEMA MALIK ABSTRACT NO o 5/9
MALIK ESTATES ADDITION
} . 1 VI
o
_ CAB. A, SLIDE 5711
P R. T. C. T.
e" �' I ` a
cs) AND
tr RE MAINDER
VOL. 12526, PG. 410.
1 + I q PRW38 CURIE
f - D.R.T.C.T., CURVE CL07
` CURVE 0
CUE DELTA- 6'14' 44' (RTJ
I O I - PRW37 w R= 2,000.00
LI ® tR L- 218.01
' I ' m CB- N 3' OT 33'E
v � Q : ` cA • , LC= 217.91
a
3 PARVEZ MALIK AND SEEMA MALIK m
+ b TAKING 0.196 ACRES CURVE PRW37 CURVE PRW38
V REMAINDER 2.76 ACRES
- l9 a. _ DELTA = 6'13' 55` (LTJ DELTA= 2'13' 59 " (RT)
N
i b , , R. 1.920.00 R. 1,936.00
• i z - - L• 208.83 L' 75.45
, Ia,
1 .5.41 ' SOUTn LINE LOT / 5 8509' 39' W 286,93' e: z _el“ CB= S 3'01' 09"W CB. N 5' Or 56' E
L.L. r r� R£MNNOER TRACT( LC' 208.73 LC- 75.45
i o
VOL. 12526. PO. 4/0. O.R.T.c.T.. 1
SIN '
N o i4 SHAMAILA S. MALIK
N o is AND SHAHANA M. MALIK l:
NOTE
is. 3 I INST." D207076915
�' — Q �I D,R,T,C. a;' A. EASEMENT FOR INGRESS. EGRESS AND UTILITIES RECORDED
m + IN VOL. 8947. PG. 1351, D.R.T.C.T.
sr 1 2 a 1 '1 j rn CALLED 1. 0 0 0 ACRES
B. TERMS. CONDITIONS. STIPULATIONS OF, AND EASEMENTS
h j b 'p 1 A GRANTED BY AGREEMENT BETWEEN ADJOINING LANGWNERS
. Lu a . 1 . s FOR USE OF PRMATE ROAD. RECORDED IN VOL. 10634.
41 U cc, i . PG. (04. D.R. AS AFFECTED BY /NSTRUMENTIS)
;n. ,_ ' S 85 56 ' 23 E 286.90 , 2 • c. %.F RECORDED IN VOL. 12531. PG. (/64, IN VOL. 14338, PG. IBC
AND UNDER CLERKS FILE N0. 0206394840, D.R.T.C.T,
aI PA R VEZ MALIK AND SEEMA MALIK q
z 5 $ REMAINDER al
$ VOL. 12526. PG. 4/0, D.R.T.C.T. o f "
E ASEMENTS FOR INGRESS. EGRESS b UTILITIES (SEE NOTE n OIL Al
vz 4Ar ., N 89 23' W 300.43' k
L lm
/6. _ '01
7.,00/7 tca :lr, 71745. -Jr r Cr 0' 50JT1 V41ERrE JOICE CLARK
1757 • 02 .77' r 7 I .os:. • (.21.5'750'. 0.0 r C 7 va1.7704. 06.702
O.R,r.C.T.
Lego/ description to aCGOm00ny this survey sketch.
Salle " Feet
NOTE: Basis Of Dearing Is Ire Texas State Plane Coordinate System, North Central Zone (42021, 0 100 ti 200 300
American Datum 1983 MAD 831., with oil distances and coordinates adjusted to surface
Ly protect surface factor of 1.00012825. ' _
iitIti
LEGEND .44 .4 4 c
Q • 5/8 Inch Iron rod with plastic cap stamped 'Transystems` set. I '��_ S ....55, � ` PARCEL E 3 5
PK Nail set or x -Cut set tt .I g
•
S�
- Marker found 'as rgled• ' , ��� .. .
0. P. R. T.C. T. • Off kid Public Records. Tarrant County. Texas a ..1,.. T
D.R.T.C.T. • Deed Records, Tarrant County, Texas
P.R.T.C.T. • Plot Records, Tarrant County. Texas ‘ 1 1 ' �. PA R VE Z MAL I K
P.O.C. Poi Of Commencing `� e .9 � 1' AND SEEMA MALI K
P.O.B. • Point Of Beginning 1 v a
• Property Line , • -t
Survey Lane - ,. 0 e 796 ACRE
• Fee Hook ' • i
Ct Centerline PAGE e(*—Z /�
J STATE DIST. COUNTY HIGHWAY N0.
Page 4 of 4 TEXAS F 7 TARRANT F.M. 1938
CONT, SECT. JOB
r:
nape- arK7.' C. 5. J.
c9 ROW C. S. J. 1978 01 052