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1999-088 (2)RESOLUTION NO. 99-88 C A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORVJNG THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A PERMANENT SANITARY SEWER 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, Spencer Sunstrum 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 sanitary sewer 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 7 day of 4u/171A44 .1999. Mayor, City of Southlake m \wd-files\cap\sewer\cross timber sunstrum condemnation resolution doc 50-4 L Page 1 0 ATT ST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney RETURN TO: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1725 EAST SOUTHLAKE BOULEVARD SOUTHLAKE.TEXAS 76092 m \wd-files\cip\sewer\cross timber sunstrum condemnation resolution doc 50-5 Page 2 ci 0 Cn I VN "L %Ml Y ;,w4. 11- 1. P'li IL " y,:axi *,,zri xx:n,, i.it l;!'ni ll:,::..'iv ,i •r "rrt,n; ,++flm i-- . i EXHIBIT "A' 15' PERMANENT SANITARY SEWER EASEMENT 35' TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 1, BLOCK 4, CROSS TIMBER HILLS, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-152, PAGE 63, PLAT RECORDS OF TARRANT COUNTY, TEXAS I NOTE: BEARINGS ARE BASED UPON MONUMENTS FOUND ALONG THE NORTH LINE I BLOCK 1, CROSS TIMBER HILLS, PHASE I. 15' PERMANENT S.S. ESM'T. ARTHUR R. JANES 2,918 S.F. VOL. 10547, PG. 1632 N 89.42'00" E - 191. I15.10 -S 89'42'00" W - 197.13 \ .S 25'00'00" E - 16.51 6O 60' PUBLIC ACCESS . \ 0. LOT 1, sLK. 4 U.E., VOL. 388-152, PG. 63OD CROSS TIMBER HIIISLOT2, HLK. 4 0 \ CROSS TIMBER HII.IS PHASE I IAT 14, BLK. 1 \ PHASE I VOL. 388-152, PG. 63 CROSS TIMBER HILLS VOL. 388-152, PG. 63 PHASE I ROBERT E. FLAHERTY et uz VOL. 388-152, PG. 83 LAURA FZ.AIiERi Y VOL. 8160, PG. 1225 7. BLJC35' TE CONST. ESM'T. \ CROSS TIMBER BILIS PHASE I e j \ VOL. 388-152, PG. 63 CROSS HILLS / LOT IM ER 1 f ! ^ / \ % PHASE \ If V j VOL. 388-152, PG. 63 OF l \ STEA •,,i' SCALE: 1"= 100' y,•6 1 f0 z7 _ l ... 7/21/98 JAMES G. ON JAMES G. FERGUSON, R.P.L.S. NO. 1956 »'»q.. 1956 -1 LANDES k ASSOCIATES, INC.7••,Rf S RED S; REGISTEPROFESSIONAL LAND SURVEYORS NQ , SURVEY # 98021 E 151107E. RMT STRW - FOW WDWN, TaAS 7ft02 (8171 970-12r- TA2 670-1M2 3"E EXHIBIT B 2,918 square feet of land being a portion of Lot 1, Block 4, Cross Timbers Hills, Phase I, an additionFey to the city of Southlake, Tarrant County, Texas according to the plat recorded in Volume 388/152, r Page 63, Plat Records of Tarrant County, Texas; said Lot 1, being conveyed to Robert E. Flaherty et ux Laura Flaherty according to the deed recorded in Volume 8160, Page 1225, Deed Records of Tarrant County, Texas; said 2,918 square feet of land being more particularly described by metes and bounds as follows BEGINNING at the northeast corner of said Lot 1; THENCE S 250 00'00" E, 16.51 feet along the easterly line of said Lot 1; THENCE S 890 42'00" W, 197.13 feet to a point in the west line of said Lot 1; THENCE N 06° 48' 00" W, 15.10 feet along the west line of said Lot 1 to the northwest corner of said Lot 1; THENCE N 890 42' 00" E, 191.94 feet along the north line of said Lot 1 to the POINT OF BEGINNING and containing 2,918 square feet of land. OF 15 ERFp 9S' JAMES G. FERGUSON 1858 SSyC5 95 50-7 cN scGa; 1 s c D200013535 CITY OF SOUTHLAKE 667 N CARROLL AVE 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 I N DEXE D-- 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 200108235 DR96 N C 01/20/2000 09:50 INSTRUMENT FEECD 1 D200013535 WD T 0 T A L: DOCUMENTS: 01 B Y: 5plool INDEXED TIME 20000120 09:50 CG F E E S: 15.00 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.