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2000-064RESOLUTION NO. 00-64 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 an 18" gravity sanitary sewer line along N. Carroll from the Dove Creek lift station to the N-3 gravity sanitary sewer line to serve the residents of Southlake, (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, James C. 8r Brenda J. Haltom 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 k day of 2000. Mayor, City of South aaKeJ m fwd-files\c#sewerldove creek Is aban haltom condemn resolution doc Page 1 ATTES : i City Secretary APPROVED AS TO FORM AND City Attorney LEGALITY: Ik U m.1wd-files\cip\sewer\dove creek Is aban haltom condemn resolution doc Page 2 EXHIBIT "A" PERMANENT 15' UTILITY EASEMENT TEMPORARY 35' CONSTRUCTION EASEMENT JAMES C. & BRENDA J. HALTOMIVOL. 12297, PAGE 829 D.R.T.C.T. 1809 NORTH CARROLL AVE. TEMPORARY 35' CONSTRUCTION EASEMENT i 1 S00049'05`E 15_00—__-- I J PERMANENT 15' WHISPERING DELL ESTATES UTILITY EASEMENT VOL. 988-149, PG. 40 P.R.T.C.T. SURVEYOR'S CERTIFICATION EDDIE L. CHEAT )HAw) l' Eddie L. Cheotham of CHEATHAM AND ASSOCIATES, a Registered Professional Land Surveyor of the State of Texas, do hereby declare that the calculations, 2346 graphic depiction and legal descriptions of fids survey were properly prepared oR s 1* C under my personal supervision from an actual survey made on the ground. SURV { Registered I Surveyor No. 2348 Note: ALL BEARINGS BASED ON THE GRANTORS DEED AS RECORDED IN VOL. 12297, PG. 829 D.R.T.C.T. ccin is2ti U a: IQ - 2 H W 3 SCALE 1" - 200' 0 100 200 400 CHEATHAM AND ASSOCIATES M F- LMM BLVD SURE 200 AR1.9WON, TDCA4 7WU tM71 548 -MOS Metro (=265-899 I LANCE B. HIGH! VOL. 12720, PC. 2262 I N00.37'10'li 0 z D.R.T.C.T. 15.00' N89.52r8E 1189. 5T --- 1ar_r-ca rr.rrza Tmr_ S89.52'48'M 1189.51' I1,:" IRON ROD P.O.B. FOUND 1 S00049'05`E 15_00—__-- I J PERMANENT 15' WHISPERING DELL ESTATES UTILITY EASEMENT VOL. 988-149, PG. 40 P.R.T.C.T. SURVEYOR'S CERTIFICATION EDDIE L. CHEAT )HAw) l' Eddie L. Cheotham of CHEATHAM AND ASSOCIATES, a Registered Professional Land Surveyor of the State of Texas, do hereby declare that the calculations, 2346 graphic depiction and legal descriptions of fids survey were properly prepared oR s 1* C under my personal supervision from an actual survey made on the ground. SURV { Registered I Surveyor No. 2348 Note: ALL BEARINGS BASED ON THE GRANTORS DEED AS RECORDED IN VOL. 12297, PG. 829 D.R.T.C.T. ccin is2ti U a: IQ - 2 H W 3 SCALE 1" - 200' 0 100 200 400 CHEATHAM AND ASSOCIATES M F- LMM BLVD SURE 200 AR1.9WON, TDCA4 7WU tM71 548 -MOS Metro (=265-899 EXHIBIT 'B' 15' PERMANENT UTILITY EASEMENT Field Notes Being a 0.4096 acre tract of land in the Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and being a 15 foot wide strip of land, over, through, and across a 20.543 acre tract conveyed to James C. and Brenda J. Haltom, as recorded in Volume 12297, page 829, Deed Records, Tarrant County, Texas, and being more particularly described as follows: Beginning at an iron rod found at the most southerly southwest comer said Haltom tract, and being the southeast comer of a 1.17 acre tract conveyed to Lance B. Hight as recorded by deed in Vol. 12720, page 2352, also being in the northerly line of Whispering Dell Estates as recorded in Volume 388-143, page 40, Plat Records, Tarrant County, Texas; THENCE N 00037'10" W, along a westerly line of said Haltom tract, also being the easterly line of said Hight tract, a distance of 15.00 feet; THENCE N 89052'48" E, parallel with the southerly line of said Haltom tract and the northerly line of said Whispering Dell Estates, distance of 1189.45 feet to the easterly line of said Haltom tract: THENCE S 00*49'05" E, along the easterly line of said Haltom tract, a distance of 15.00 feet to the southeast corner of said Haltom tract, also being the northeast comer of said Whispering Dell Estates; THENCE S 89052'48" W, along the southerly line of said Haltom tract, and the northerly line of said Whispering Dell Estates, a distance of 1189.51 feet to the Point Of Beginning, containing 0,4096 acre of land or 17,842 square feet of land, more or less, of which 0.3374 acre of land or 14,697 square feet of land lies within an existing Utility Easement as recorded in Deed Volume 12297, page 831. Also included will be a Temporary Construction Easement as shown on Exhibit "A". GA001.438\casemcnLs\ha1tom doc