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1997-009 (2)RESOLUTION NO. 97-09 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING FEE SIMPLE OWNERSHIP OF LAND FOR USE BY THE CITY OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW. Whereas, the City of Southlake is in the process of constructing a permanent drainage and utility easement which will serve existing and future developments in the city; and Whereas, in order to complete construction of the project, it is necessary for the city to acquire easement from property owner; and Whereas, the city council has determined that certain tracts of land would be in the public interest to acquire for the future permanent drainage and utility easement or, in the alternative, for utilization for other public purposes; and Whereas, the city and the owner of said property have been unable to reach an agreement on the acquisition of this property; and Whereas, the city council now deems it necessary to authorize the city attorney to initiate condemnation proceedings in order to acquire the necessary easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The city attorney is hereby authorized to bring a condemnation lawsuit for the purpose of acquiring approximately 13.86 acres of land (Whole Property), 1.241 acres (Permanent Easement - Part I), 0.167 acres (Permanent Easement -Part II), and 0.390 acres (Temporary Easement), south side 1 of Southlake Boulevard and west of White Chapel Blvd, City of Southlake, Tarrant County, Texas, being more particularly described as exhibit `A' as Part I (Permanent Drainage and Utility Easement) and Part II (15' Permanent Utility Easement and 35' Temporary Construction Easement). SECTION 2 The city council finds that such acquisition in this condemnation action is necessary in order to serve the public health, safety and welfare. PASSED AND APPROVED ON THIS 41H DAY OF FEBRUARY 1997. D MF-FILESME-7-.O9 RES Attest: 1(/A 4bwtotlOityecretary AMETES AND BOUNDS LEGAL DESCRIPTION -PART I EXHIBIT W Permanent Drainage and Utility Easement Being 1.24 acres of land, more or less, situated in the Hiram Granberry Survey, Abstract No. 581, City of Southlake, Tarrant County. Texas and being a portion of a 15.0 acre tract of land conveyed to Dr. Richard A Reuiling er of record in Volume 6785,.Pa-ee 807 of the Deed Records of Tarrant County, Texas, which 1.24 acres of land, more or less, is more particularly described as follows: CONUVIENCING at the point of intersection of dw-southerlyright-of-way line of F.M. Hig ayhW 1709 with the west line of said Reutlinger tract, said point being 65.00 feet southerly of and radial to F. M. Highway 1709 centerline survey station 304 +36.56, said point being in a curve to the lcft having a radius of 5,794.53 and a central angle of 00* 08'54'. THENCE S 01' 04' 54" W, along the along the west line of said Reutlinger tract for a distance of 316.96 to the POINT OF RF("TINNING. said point being in the west line of said Reutlirk2er tract and in the cast line of the Lake Crest Addition, a subdivision within the City of Southlake; THENCE S 02" 03' 01" E, for a distance of 169.23 feet to a point for corner; THENCE N 87 0 56' 59" E, for a distance of 40-81 feet to a point for comer; THENCE S 01' 04' 54" W, for a distance of 1,066.61 feet to a point for comer; THENCE N 880 55' 06" W. for a distance of 50.00 feet to a point for corner. said point being in the west line of said Reudinger tract and in the east line of the Lake Crest Addition, a subdivision within the City of Southlake; THENCE N 01 x,04' 54" E, along the west line of said Reutlinger tract for a distance of 1,23316 feet to the POINT OF BEGINNING, containing within ajrtse metes and bounds 1.24 acres or 54,046 square feet of land, more or less. FAW0P,D\LEGAMREUT-L2.LGL 3 M -ETES AND BOUNDS LEGAL DESCRIPTION .- PART 11 EXHIBIT 'A' 15' Permanent Utility Easement and 35'Temporan- Construction Easement Being 0.167 of an acre of land. more or less, situated in the Hiram Granberry Survey, Abstract No. 581, City of Sou"thlake. Tarrant County, Texas and being a portion of a 15.0 acre tract of land conveyed to Dr. Richard A Reudinger of record in Volume 6785, Page 807 of the Deed Records of Tarrant County, Texas, which 0.167 of an acre of land, more or less, is more particularly described as follows: BEGINNING at the point of intersection of the southerly right-of-way line of F. M. Highway 1709 with the west line of said Reutlinger tract, said point being 65.00' feet southerly of and radial to F.M. Highway 1709 centerline survey station 304+36.56, said point being in a curve to the left having a radius of 5,794.58 and a central angle of W" 08'54-; THENCE Southeasterly along said curve a distance of 15.00 feet to a point for corner in the southerly righL-of-way line of F.M. Highway 1709 and in the north line of said Reutlinger tract; THENCE S 01 04' 54" W, for a distance of 485.92 feet to a point for comer; THENCE S 87 56' 59" W. for a distance of 15.02 feet to a point for comer, said point being4 in the north line of said Reutlinger tract; THENCE N 01 * 04' 54"E. for a distance of 486.44 feet along the west line of said Reutlinger tract to the POINT OF BEGINNING, containing within these metes and bcun& 0.167 acres or 7,293 :) square feet of land, more or less. OF LrL 4 D197052393 CITY SOUTHLAKE 1725 E SOUTHLAKE BLVD SOUTHLAKE TX 76092 W A R N I N G -THIS IS PART OF THE OFFICIAL RECORD --D O N O T D E S T R O Y INDEXED -- TARRANT COUNTY TEXAS S U Z A N N E H E N D E R S O N-- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD -BY PRINTED DATE TIME 197147346 DR96 T000224 03/26/97 14:01 INSTRUMENT FEECD INDEXED TIME 1 D197052393 WD 970326 14:01 CK T O T A L: DOCUMENTS: 01 F E E S: 15.00 B Y: G, ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. 12712 1650