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1999-087 (2)RESOLUTION NO. 99-87
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING
A PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR USE BY THE CITY FOR THE CONSTRUCTION OF A SANITARY SEWER LINE OR
FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW
WHEREAS, the City of Southlake is in the process of constructing sanitary sewer lines to serve the
Cross Timber Hills subdivision as part of the City's Neighborhood Sewer Program, (the "Project') which will serve
existing developments in the city; and
WHEREAS, in order to complete construction of the Project, it is necessary for the city to acquire
easements from property owners who own land across which the Project will be located; and
WHEREAS, the city and the owner of one of said properties, Mollie C. and Sterling Davis of Southlake,
have been unable to reach an agreement on the acquisition of this easement and
WHEREAS, the city council now deems it necessary to authorize the city attorney to initiate
condemnation proceedings in order to acquire the necessary easements.
TEXAS:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
SECTION 1.
The city attorney is hereby authorized to bring a condemnation lawsuit for the purpose of acquiring a
permanent utility easement and a temporary construction easement, being more particularly described on the
exhibit attached hereto.
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, APPROVED and EFFECTIVE this I— day of 1999.
mAwd-fileslaplsewerlcross timber davis condemnation resolution.doc
Mayo , City of Southlake
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City Secretary `f/,/ >
o* ....
APPROVED AS TO FORM AND LEGALITY:
City Attorney
m \wd-files\cip\sewer\cross timber davis condemnation resolution.doc
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EXHIBIT "A"
IS PERMANENT UTILITY EASEMENT
W TEMPORARY CONSTRUCTION EASEMENT
N 75.43'21'£ VOL. 388-174, P. 57 VOL. 388=174 P. 57 VOL. 388-174, P. 57
555' BLK 4, LOT 58 BLK 4, LOT 59 BLK 4, LOT 61
27.8f N7tO3,15•E — — — — — —
fpL
7103 — '`
VOL. 388-165, P. 57,,>
P.L. c"x
BLK 4, LOT 19• 3,.24' -- /
ROB,
S'
RON ROD % 15'PERMANENT UTLITY EASEIENT0 :k AREA - 2,894 S0. FT.
0.066 ACRES)
S 80 W44
PL
15.08'
VOL. 388-152, P. 63\ \
BLK 4, LOT 15 \
35' TDVORMY
CONSTRUCTION EASWIT 1
MOLLIE C. DAV15 etvir STERLING
CROSS TIMBER: HILLS ADDITION
VOL. 388.152, P. 63
BLK 4,: LOT 13R
35' TRVORARY CONSTRUCTION EASEIENT
PL
VOL. 388-152, P. 63
BLK 4, LOT 4
G\MG \
7 \ 1
PL
100'
1
i fo * REo •i, SURVEYOR'S CERTIFICATION 1 `
za aro wo
1 {J! I. Eddie L. Cheatham of C)}E/1THAM AND ASSOCIATES. a Registered Professbnd Land !
63EDDIEL. CHEATHAIJ Surveyor of the State of Texas. do hereby declare that that the calculations. graphic VOL. 388-152, P.
f BLK 4, LOT 12 \ IN FEET
erly ) 2346 depiction and legal descriptions of this survey were propprepared under my personal / 1 inch - 50 ft.
of a supervision from an actual s rvey mode on the ground.
qN
S
NOTE ALL J
R,
BASED ON THE WEST PROPERTY LNV£ MUTE" AND ASSOCIATES
SUR - OF LOTOT 113R, BLOCK 4 OF 77/E CROSS TOIBER HILLS 1601 L LAMAR BLVD Surm 200
ADDgbyZ. q{ (P.R.
TJ
CNT SAID
BEARINRECORDED
G BEING3N15530'W
63 Gax' T*
tZro
9 76011
Re tared Professional Land Surveyor No. 2346 3 e1) ase-o6s6 1c.ao (s1)E6a-66a6
E444-013
EXHIBIT `B'
15' Permanent Utility Easement
35' Temporary Construction Easement
Being a 0.066 acre tract of land in the A.A. Freeman Survey, Abstract No. 522, City of
Southlake, Tarrant County, Texas and being a strip of land, over, through, and across
Block 4, Lot 13R of the Cross Timber Hills Addition in Volume 388-152, P.63,
P.R.T.C.T.) and being more particularly described as follows:
COMMENCING at a %z" iron rod found for a corner, said point being the southwest
property corner for said Lot 13R, the northwest property corner for Block 4, Lot 15 of the
Cross Timber Hills Addition in Volume 388-152, P.63 (P.R.T.C.T.), also being in the
north property line of Block 4, Lot 19 of the Cross Timber Hills Addition in Volume 388-
165, P.57 (P.R.T.C.T.) and being the POINT OF BEGINNING;
THENCE N 15° 30' W, a distance of 131.93 feet along the west property line of said
Lot 13R to a point for a corner;
THENCE N 75° 43' 21" E, a distance of 5.55 feet to a point for a corner;
THENCE N 240 22' 43" E, a distance of 27.81 feet to a point for a corner, said point
being in the northwest property line of said Lot 13R and in the southwest
property line of Block 4, Lot 58 of the Cross Timber Hills Addition in
Volume 388-174, P.57 (P.R.T.C.T.);
THENCE N 36° 34' 15" E, a distance of 71.03 feet to a point for a corner;
THENCE S 240 22' 43" W, a distance of 100.43 feet to a point for a corner;
THENCE S 15° 30' E, a distance of 121.36 feet to a point for a corner, said point
being the in south property line of said Lot 13R and in the north property
line of said Lot 15;
THENCE S 800 40' 42" W, a distance of 15.08 feet to the POINT OF BEGINNING,
containing within these metes and bounds 0.066 acres or 2,894 square feet
of land, more or less.
GA00I -444\444-lgl 13. doc
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D200013536
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE, TX 76092
S
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
I N DEXE D-- T A R RAN T 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
200108236 DR96 N C 01/20/2000 09:50
INSTRUMENT FEECD
1 D200013536 WD
INDEXED TIME
20000120 09:50 CG
T O T A L: DOCUMENTS: 01 F E E S: 15.00
B Y: 5;e
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.