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2003-068RESOLUTION N0.03-068 OFFICIAL RECORD A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING AN EASEMENT FOR USE BY THE CITY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS OR FOR OTHER PURPOSES PERMITTED BY LAW. WHEREAS, the City of Southlake has constructed sanitary sewer improvements within the Cross Timber Hills Subdivision, (the "Project") which will serve sanitary sewer customers within the subdivision; and WHEREAS, in order to properly maintain the infrastructure installed with the Project, it is necessary for the city to acquire an easement from property owners who own land across which the Project is located; and WHEREAS, the city and the owners of said properties, Mr. Steve L. Perry and Mrs. Aline G. Perry 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 easement. 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 an easement, being more particularly described on exhibits "A" and B" 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 ?h day of 2003. Resolution No. 03-068 Page 2 of 2 ATTEST: Q 4,z -v Lori A. Farwell City Secretary Andy Wambsganss Mayor EXHIBIT "A" W PERMANENT UTILITY EASEMENT 1 1 t 1 VOL. 388-174, P. 57 BLK 4, LOT 58 i VOL. 388-174, P. 57 , 1 15'PERNWIT UTLITY- BLK 4, LOT 57 / 1 1 EASE1017 P.Ojj ti V2' RON ROD FM " 3.86 / - % / r —N 71'E PL 7f'E 155"= 3 i / 14.11 S 76'04WT 16(44' S 22.5f355 I VOL. 388-152, P. 63 jlr l 1873' I BLK 4, LOT 13R I PERMANENT UTLITY - EASOM I THS PROPERTY) Y AREA • 1,237 SQ. FT. P.L ( 0.028 ARES) f VOL. 388-165, P. 57 P -L. - YBLK4, LOT 21 / CROSS TIMBER HILLS ADDITION VOL. 38, LO 1 57 4 VOL. 388-165, P. 57 DRy[r: BLK 4, LOT 19 BLK 4, LOT 20A•A. FppppS,12 0 40SURVEYOR'S CERTIFICATION 20 80 I.Eddie L. Cheatham of CHEATHAM AND ASSOCIATES. a Registered Professional Land IN ! Surveyor of the State of Texas, do hereby declare that the cainccalculations, graphic FEET ) depiction and legaldescr(pt(ons of this survey were properly prepared under my personal 1 inch - 40 ft. supervision from an actual survey made on the ground. NOTE: ALL BEARINGS BASED ON THE NORTH PROPERTY LWEJ L•MTHAY AND ASSaCIATBS OF LOT 20, BLOCK 4 OF THE CROSS TUBER MLLS 1601 1i. L XAB BLVD 90PPi 200 I ADDITION, AS RECORDED MY VOL. 388-165, P. 57 AIWGTON, TWS 76011 Registered Professional Land Surveyor No. 2346 (P.R. T. C. T.), SAO BEARING BEING N 71'E. (817) 648-0096 Nifto (617)265 -ease E444-016 EXHIBIT `B' 15' Permanent Utility Easement Being a 0.028 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 20 of the Cross Timber Hills Addition in Volume 388-165, P.57, P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a %" iron rod found for a corner, said point being the southeast property corner for Block 4, Lot 57 and the southwest property corner for Block 4, Lot 58, both of the Cross Timber Hills Addition in Volume 388-174, P.57 (P.R.T.C.T.), also being in the north property line of said Lot 20 and being the POINT OF BEGINNING; THENCE N 71° E, a distance of 155.35 feet along said property line to a point for a corner, said point being in the north property line of said Lot 20 and in the south property line of said Lot 58; THENCE N 76° 04' 17" E, a distance of 3.85 feet to a point for a corner, said point being in the east property line of said Lot 20 and in the west property line of Block 4, Lot 19 of the Cross Timber Hills Addition in Volume 388-165, P.57; THENCE S 22° 51' 35" W, a distance of 18.73 feet along said property line to a point for a corner; THENCE S 76° 04' 17" W,, a distance of 161.44 feet to a point for a corner, said point being in the north property line of said Lot 20 and in the south property line of said Lot 57; THENCE N 71' E, a distance of 14.11 feet to the POINT OF BEGINNING, containing within these metes and bounds 0.028 acres or 1,237 square feet of land, more or less. G.\001-444\444-1gl 16.doc