20-054 RESOLUTION NO. 20-054
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING
THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE PURPOSE
F ACQUIRING FEE SIMPLE TITLE IN AND TO AN APPROXIMATE 1,414
SQUARE FOOT RIGHT-OF-WAY FROM THE F1938 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.
Martin 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
®UTHLAKE, TEXAS.
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, APPR,Q ECTIVE this day of December, 2020.
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U R LAURA ILL, Ma or
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"rTE T:
A IMO Y"LLE ity Secretary
:'PROVE TO FO Na LEGALITY, �
Al t. City Attorney � w'
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EXHIBIT "A"
1;4 14. SQUAREEI µRIGHT-OF-WAY
srl'LuT m'Tum-wt..fe.tAn,Vim. SAKTD .,•UR'�,TEY.
ABSTXACT NO.106,S"
BEENG;a tract of lard situated in to Wilham H. ltlaxtira,S,.a -ey~ AMAa ",Jm. 1063, Tccy,,,m o1 'Westlake,Tamart Cewty,
Texaws� being a portion of Driiis oule°an- (T-1,1 1 38) (vaxiaWe 1xidth public rL*.-o -nayl:. and being more paiticularI y
deICa:il`ed 61s-metes and bounds as,Bello vis(. earu7 ;and diAa3ac.e.E areleased on e State laneoordina..te Sy3telm. Texas.
North Central Zonp(4202)North American an a ars of 1933(NAD 8317,;S foot)with a ccinibined,scale factca of LON"+t U):
ON ENCING at a 1.'2-mach.Eebar wAla a Vellirrw cap found for the a,l rthwest Corner of a tract of land conveved to SM
Southlake Villas LLC.by deed recorded in Docwnent No. D216,3745-31 of flim heed Records of Tarraut oh-,Texaa:,and
iYing 077 the East right-of ivay line of said Da4-ia Baulevwd,
THENCE&xrth 1331 Deg€ees.3 ,iumuies 33 Seconds East;a,,eith,the East rigl,t_c)f ov y line of said Davis,Boules„aad,aho being
die West line of said,SEU Southlake Villas LL1'.”. tcaP-t. a click wce of:.6 ..19 feet:to a point for cornar, and the POINT OF
E1fq
THENCE South 00 Degrees 32 Minutes 53 Seconds °t,continuing vath the 70'esk line,of said SR1 S,outhlake Villas LLC
tra+vt a distance of-1,100 feet to a point for camer,
THENCE cuth d5 Degrees 16,xu mute _54 Seconds.Viest. iaag the 10"est line of said SRI Southlake'killas LLC tract,
o,•rdr.across,mid tl o , j the.interior cf'raid D .°ia outai ard,a drsatucr_e of 41.97 feat to a K�ai�at f ��r. �U_
17HENCE NuTdi 0,',) egxees. 13 N irtut . 05 Seconds �Fest; continunt"g tbrouet the ulterior of said Davis Boulevard, .a
distance of 30,00 feet tri a point for nor er
THENCE South 46 L3egree,5,`Minutes es 45 Reccmds East,confinuing tkaugh the interior of said Davis Boulevard.a.dmtance
of3,1.73 feet to the.,POINT OF'BE IN-NT'NG and.containitig a kntal of l;4f4square feet,or 0-032 aues soflarad,inn're Or le'sw;
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EXHIBIT "B"
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