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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 5N-4 Page 1 City Secretary `f/,/ > o* .... APPROVED AS TO FORM AND LEGALITY: City Attorney m \wd-files\cip\sewer\cross timber davis condemnation resolution.doc 5N-5 Page 2 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 5N-7 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.