Loading...
1997-015OFFICIAL RECORD RESOLUTION NO. 97-15 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 AND A TEMPORARY CONSTRUCTION EASEMENT 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 meter station on the Denton Creek Pressure System for Trinity River Authority 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 fee simple ownership of land from owner; and Whereas, the city council has determined that certain tracts of land would be in the public interest to acquire for the future meter station 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 for fee simple ownership of land. 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 fee simple title to an approximately 0.045 acre parcel of land and a temporary construction 1 1.2712 1639 easement on an approximately 0.083 parcel of land, in the Walter D. Beall Survey, Abstract No. 82 and being part of a called 79.21 acre tract of land conveyed to Emory Jones and wife Elnora Jones Jones Tract) as evidenced by deed recorded in Volume 380, Page 411 of the Deed Records of Denton County, Texas, being more particularly described as exhibit "A" and exhibit `B". 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 DAY OF 19 . D \W P-FILES\RES\9]-015 RES Mayor Attest: 13744jimm-pm-in / ty Secretary 2 CITY OF SOUTHLAKE ADMINISTRATIVE OFFICESOFFICEOFCITYSECRETARY 1715 E. SOUTHLAKE BLVD. 1.2 7! 2 16 14 0 SOUTHLAKE, TEXAS 76092 4_ EXHIBIT "X' EXHIBIT 'A' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III PARCEL NO. 30 DESCRIPTION BEING A 0.045 ACRE PARCEL OF LAND IN THE WALTER D. BEALL SURVEY, ABSTRACT NO. 82 AND BEING PART OF A CALLED 79.21 ACRE TRACT OF LAND CONVEYED© TO EMORY JONES AND WIFE EL KORA JONES (JONES TRACT) AS EVIDENCED BY DEED RECORDED IN VOLUME 380, PAGE 411 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 0.445 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 5/8 Inch Iron rod found for the northeast comer of said Jones tract, same being the southeast comer of a called 10.90 acre tract of Land conveyed to Craig Chapman and recorded In Volume 731, Page 546, DRDCT. Said Iron rod also being in the east line of said Beall Survey; THENCE S 00° 21' 5T W, with the east line of said Jones tract and said Beall Survey, at 242.49 feet passing the northwest corner of Marshall Creel: Subdivision an addition to the City of Marshall Creek, per plat recorded In Volume 610, page 257 (DRDCT), said addition was formedy known as Green Acre Estates, 2nd Section, per plat recorded In Cabinet B. Slide 250 (DRDCT), and continuing along the common line between said Jones tract and said addition, for a total distance of 565.00 feet to the POINT OF BEGINNING: THENCE S 00° 21' 57' W, continuing along said ccmmon line, a distance of 35.00 feet; - THENCE departing said common line and crossing; said Jones tract the following three courses and distances: 1) N 89' 38' 034 W, a distance of 55.00 feet" 2) N 00" 21' 57" E. a distance of 25.00 feet; 3) S 89' 38' 034 E, a distance of 55.00 feet to the POINT OF BEGINNING and containing 1960 square feet or 0.045 acre of land. I A plat of even date herewith accompanies this description. 3 1.2712 1641 EXHIBIT "X' EXHIBIT *A* DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III PARCEL NO. 30 DESCRIPTION SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND T14AT SAME IS TRUE AND CORRECT Company Name: EsDw. Hus" & Associates. Inc. By: OF Surveyor's Name: John ftawbridoe f JOHN STRAWBRIDGE 4283 Registered Professional Land Surveyor, Texas No. 4283 SUM Date of Survey: October. 1993 I 4 1,2712 1642 DENTON CREEK REGIONAL. WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE ill PARCEL NO. 30 DESCRIPTION BEING A 0.063 ACRE PARCEL OF LAND IN THE WALTER D. BEALL SURVEY, ABSTRACT NO. 82 AND BEING PART OF A CALLED 79.21 ACRE TRACT OF LAND CONVEYED TO EMORY JONES AND WIFE ELNORA JONES (JONES TRACT) AS EVIDENCED BY DEED RECORDED IN VOLUME 380, PAGE 411 OF THE DEED RECORDS OF DENTON COUNTY TEXAS. SAJD 0.083 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 5/8 Inch iron rod found for the northeast comer of said Jones tract, same beim the southeast comer of a called 10.90 acre trail of land conveyed to Craig Chapman and recorded In Volume 731, Page 546, DRDCT. Said Iron rod also being In the east line of said Beall Survey: THENCE S 00" 21' 57' W, with the east line of said Jones tract and said Beall Survey, at 242.49 feet passing the northwest corner of Marshall Creek Subdivision an addition to the City of MarsW Creek, per plat recorded In Volume 610. page 257 (DRDCT), said addition was fomxxiy known as Green Acre Estates, 2nd Section, per plat recorded in Cabinet B, Slide 250 (DRDCT), and continuing along said course and the common line between said Jones tract and said addition, for a total distance of 555.00 feet to the POINT OF BEGINNING: THENCE S 00' 21' 57"W, continuing along said common line, a distance of 55.00 feet* THENCE departing said common line and crossing said Janes tract the following three courses and distances: 1) N 89. 38' 03• W, a distance of 66.00 feet; 2) N 00' 21' 57' E, a distance of 55.00 feet: 3) S 89' 38' 034 E. a distance of 66.00 feet to the POINT OF BEGINNING and containing 3530 square feet or 0.083 acre of land. A plat of even date hetewtth accompanies this description. E 1;2712 1643 3171 um;wllow IV. 1996 EXHIBIT *B* DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III PARCEL NO. 30 DESCRIPTION SURVEYORS CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT Company Name: E17 Hustonrsociates, Inc. By: OF r Surveyor's Name: John Strawbridge JOHN STRAWBRIDGE 4283 Registered Professional Land Surveyor, Texas No. 4283 SUM Date of Survey: October. 1993 6 1,2712 1644 D197052392 CITY SOUTHLAKE 1725 E SOUTHLAKE BLVD SOUTHLAKE TX 76092 W A R N I N G -THIS IS PART OF THE OFFICIAL RECORD --D 0 N 0 T D E S T R O Y INDEXED -- TAR RAN T COUNTY TEXAS S U Z A N N E H E N D E R S 0 N-- COUNTY CLERK O F F I C I A L R E C E I P T T 0: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD -BY PRINTED DATE TIME 197147345 DR96 T000224 03/26/97 14:00 INSTRUMENT FEECD INDEXED TIME 1 D197052392 WD 970326 14:00 CK T O T A L: DOCUMENTS: 01 F E E S: 19.00 B Y: 9 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. 1,2712 1645