Item 8A - Resolution 20-054ITEM 8A
M E M O R A N D U M
November 20, 2020
TO: Southlake City Council
FROM: Kenneth Baker, Sr. Director of Planning and Development Services
SUBJECT: Consider the use of eminent domain to condemn property and consider
Resolution No. 20-054 authorizing the filing of eminent domain proceedings for
the purpose of acquiring fee simple title in and to an approximate 1,414 square
foot right-of-way from the FM 1938 corridor for the construction of roadway
improvements to provide public access to Davis Boulevard (FM 1938) and for
other public purposes permitted by law.
Requested
Action: Consider approval of Resolution No. 20-054 (Attachment A)
Background: The City of Southlake desires to acquire fee simple title to the Property
described in Attachment A (Exhibits “A” and “B”) of the attached
resolution and currently owned by the Town of Westlake in order to
construct roadway improvements to provide public access from a
future residential development in Southlake to Davis Boulevard (FM
1938).
The City of Southlake has approved a 13 lot subd ivision along the
eastern portion of Davis Boulevard and believes that public access to
Davis Boulevard (FM 1938) from this subdivision is a public necessity
that benefits the public health, safety and welfare of Southlake citizens
(See Attachments B and C). The City of Southlake is seeking to
acquire approximately 1,414 square feet of right of way from the FM
1938 corridor in the Town of Westlake to allow for public access to the
subdivision.
Approval of Resolution 20-054 will authorize the City Attorney to bring
eminent domain proceedings against the Town of Westlake and any
other parties having an interest in the referenced property. The City
made an initial offer to the Town of Westlake to purchase the property
on or about October 13, 2020 and made a final offer to purchase the
property on or about November 16, 2020. To date, of this memo, the
City and the Town of Westlake have been unable to reach an
agreement.
City Council ITEM 8A
November 20, 2020
Page 2
Financial
Considerations: Special Commissioner’s “Award” to compensate for the property.
Strategic Link: Focus Area: Safety and Security
Citizen Input/
Board Review: N/A
Legal Review: The City Attorney has reviewed the resolution.
Supporting
Documents: Attachment A: Resolution No. 20-054
Attachment B: Thirteen (13) lot sudivison development plan
Attachment C: Aerial Photo
Staff
Recommendation: City Council approval of Resolution No. 20-054.
City Council ITEM 8A
November 20, 2020
Page 3
ATTACHMENT A
RESOLUTION NO. 20-054
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING
THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE PURPOSE
OF ACQUIRING FEE SIMPLE TITLE IN AND TO AN APPROXIMATE 1,414
SQUARE FOOT RIGHT-OF-WAY FROM THE FM1938 CORRIDOR FOR THE
PURPOSE OF CONSTRUCTING ROADWAY IMPROVEMENTS TO
PROVIDE PUBLIC ACCESS TO DAVIS BOULEVARD (FM 1938) AND FOR
OTHER PUBLIC PURPOSES PERMITTED BY LAW
WHEREAS, the City of Southlake, Texas (“the City”) desires to acquire fee simple title
to the Property described below in order to construct certain municipal improvements,
specifically roadway improvements, in order to provide public access to Davis Boulevard (FM
1938); and/or other public purposes permitted by law, in order to serve existing and future
developments in the City and the citizens of the City (the “Project”); and
WHEREAS, the Property necessary for the Project is owned by the Town of Westlake,
Texas (the “Owner”); and
WHEREAS, the City made an initial offer to the Owner to purchase the Property on or
about October 13, 2020; and
WHEREAS, the City has provided to the Owner a copy of the Land Owner’s Bill of
Rights, as required by law; and
WHEREAS, the City made a final offer to the Owner to purchase the Property on or
about November 16, 2020; and
WHEREAS, the City and the Owner have been unable to reach an agreement on the
acquisition of the Property, a 1,414 square foot tract of right -of-way located in the William H.
Survey, Abstract No. 1068, Town of Westlake, Tarrant County, Texas, being a portion of
Davis Boulevard (FM 1938) and being more particularly described in Exhibit A and Exhibit B
(the “Property”); and
WHEREAS, the City Council finds and determines that the acquisition of the Property
for the Project constitutes a public use for a public purpose; and
WHEREAS, the City Council now deems it necessary to authorize the City Attorney
to initiate eminent domain proceedings in order to acquire fee simple title to the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
City Council ITEM 8A
November 20, 2020
Page 4
SECTION 1.
The City Council of the City of Southlake, Texas, hereby finds and determines that the
recitals made in the preamble to 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 Project and that acquisition of approximately 1,414 square feet
of right-of-way from the FM-1938 Corridor in Westlake, Tarrant County, Texas, as described
and depicted on the attached Exhibits “A” and “B,” which exhibits are incorporated herein for
all purposes, in fee simple to provide public access to Davis Boulevard (FM 1938) and/or
other public purposes permitted by law is necessary for the Project.
SECTION 3.
The City Attorney is hereby authorized to bring eminent domain proceedings against
the Owner, and any and all other parties having an interest in the above referenced Property,
for the purpose of acquiring such Property through the exercise of the City’s power of eminent
domain should the Owner and/or other parties fail or refuse to accept the City’s final offer
within the time period established by law.
SECTION 4.
The City Manager and City Attorney are authorized to comply with the statutes of the
State of Texas with reference to the necessary legal prerequisites existing or relating to the
exercise of eminent domain to acquire said Property for the purpose of providing public
access to Davis Boulevard (FM 1938) and/or other public purposes permitted by law.
SECTION 5.
The City Council hereby finds and determines that the Property is needed so that the
City can construct and maintain the Project, which is a public purpose and is necessary to
serve the public health, safety and welfare.
SECTION 6.
The City Council finds that such acquisition in this eminent domain proceeding is
necessary in order to serve the public health, safety and welfare.
PASSED, APPROVED and EFFECTIVE this _____ day of December, 2020.
City Council ITEM 8A
November 20, 2020
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_________________________________
LAURA HILL, Mayor
ATTEST: :
______________________________
AMY SHELLEY, City Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
City Attorney
City Council ITEM 8A
November 20, 2020
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City Council ITEM 8A
November 20, 2020
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Attachment B
Attachment C