2004-003OFFICIAL RECORD
RESOLUTION NO. 04-003
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING CONDEMNATION
ACTIONS FOR THE PURPOSE OF OBTAINING EASEMENTS FOR
USE BY THE CITY FOR THE CONSTRUCTION AND MAINTENANCE
OF WATER TRANSMISSION LINES OR FOR OTHER PURPOSES
PERMITTED BY LAW.
WHEREAS, the City of Southlake (the "City") has entered into an agreement with
the City of Keller for the funding, construction and maintenance of various water
transmission lines, including a forty-two (42) inch water line from the Caylor Water Tank
to Pearson Lane (the 'Project") which will provide new water supply facilities to meet
demand and will serve customers within the City; and
WHEREAS, in order to properly construct and 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, have been unable to
reach an agreement on the acquisition of such easements; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The owners of such properties are as follows:
1) Richard J. Gibson
1100 Highway 377
Keller, Texas 76248
2) Gerald Don Whigham and Joan Whigham
15323 Watergate Drive
Roanoke, Texas 76262
3) PJRD Development Co.
Terry Stallings, Registered Agent
1901 Central Drive, Suite 503
Bedford, Texas 76021-5826
SECTION 2.
The City Attorney is hereby authorized to bring condemnation lawsuits for the
purpose of acquiring appropriate permanent utility easements from said property
owners, being more particularly described on the exhibits attached hereto.
SECTION 3.
The City Council finds that the acquisition of such easements in such
condemnation actions is necessary in order to serve the public health, safety and
welfare.
PASSED APPROVED and EFFECTIVE this day of -6 t/Laa r
2004.
ATTEST:
Mayor, City of Southlake
EXHIBIT "An 2002 -UW -100 -TC
LEGAL DESCRIPTION
PERMANENT WATERLINE EASEMENT
BEING a 25 foot wide strip of land located in the R. F. ALLEN SURVEY,
Abstract No. 29, Keller, Tarrant County, Texas, and crossing the Tract of
land conveyed to Richard J. Gibson by the deed recorded in Volume 6080,
Page 45 of the Deed Records of Tarrant County, Texas. Said 25 foot wide
strip of land being more particularly described by metes and bounds, as
follows:
BEGINNING at a 1/211 iron rod found, in the East right-of-way line of U.S.
Highway No. 377, lying at the Northwest corner of said Richard J.
Gibson Tract;
THENCE along the North boundary line of said Richard J. Gibson Tract,
as follows:
1. N 890 34' 07" E 1166.62 feet, to a point at the Southwest
corner of Lot 6, Valley Ridge, an addition to the City of
Keller, Tarrant County, Texas according to the plat recorded in
Volume 388-42, Page 41 of the Plat Records of Tarrant County,
Texas;
2. S 840 57' 5611 E 587.15 feet, to a point at the Southeast
corner of Lot 3, of said Valley Ridge Addition, lying at the
Southwest corner of Lot 7, Block 1, Oakridge Estates, an
addition to the City of Keller, Tarrant County, Texas according
to the plat recorded in Volume 388-141, Page 45 of the Plat
Records of Tarrant County, Texas;
3. N 870 32' 11" E 663.94 feet, to a 1/211 iron rod found, at
the Southeast corner of Lot 6, Block 3 of said Oakridge Estates
Addition, being the Northeast corner of said Richard J. Gibson
Tract;
THENCE S 000 05' 32" W 62.41 feet, along the East boundary line of
said Gibson Tract, to a point;
THENCE N 070 31' 42" W 37.49 feet, to a point;
THENCE along a line 25 feet South of and parallel to the North
boundary line of said Gibson Tract, as follows:
1. S 870 321 1111 W 659.49 feet, to a point;
2. N 840 57' 561T W 587.60 feet, to a point;
3. S 890 34' 07" W 1163.44 feet, to a point in the West boundary
line of said Gibson Tract, being the East right-of-way line of
aforesaid U.S. Highway No. 377;
THENCE NORTHWESTERLY 25.08 feet, along the East right-of-way
line of said U.S. Highway No. 377, with a curve to the right having
a radius of 3,759.83 feet, a central angle of 000 221 5611, and a
chord bearing N 040 581 5811 W 25.08 feet, to THE PLACE OF
BEGINNING, containing 1.389 acre (60,509 square feet) of land.
2002 -UW -1 00 -TC
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EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING 2.691 acre of land located in the R. F. ALLEN SURVEY, Abstract No.
29, Keller, Tarrant County, Texas, and crossing the Tract of land
conveyed to Richard J. Gibson by the deed recorded in Volume 6080, Page
45 of the Deed Records of Tarrant County, Texas. Said 2.691 acre of land
being more particularly described by metes and bounds, as follows:
BEGINNING at a point in the West boundary line of said Gibson Tract,
being the East right-of-way line of U.S. Highway No. 377, and being
located S 040 581 5811 E 25.08 feet, from the Northwest corner of
said Gibson Tract;
THENCE along a line 25 feet South of and parallel to the North
boundary line of said Gibson Tract, as follows:
1. N 890 34' 07" E 1163.44 feet, to a point;
2. S 840 571 5611 E 587.60 feet, to a point;
3. N 870 32' 11" E 659.49 feet, to a point;
THENCE S 070 311 4211 E 37.49 feet, to a point in the East boundary
line of said Gibson Tract, to a point;
THENCE S 000 05' 32" W 12.67 feet, along the East boundary line of
said Gibson Tract, to a point;
THENCE along a line 75 feet South of and parallel to the North
boundary line of said Gibson Tract, as follows:
1. S 870 321 1111 W 665.51 feet, to a point;
2. N 840 57' 56" W
3. S 890 34' 07" W
THENCE N 020 10' 21" W
588.49 feet, to a point;
357.02 feet, to a point;
19.76 feet, to a point;
THENCE S 880 091 1211 W 90.10 -feet, to a point;
THENCE S 020 101 2211 E 17.53 feet, to a point;
THENCE S 890 34' 0711 W 392-88 feet, along a line 75 feet South of
and parallel to the North boundary line of said Gibson Tract, to a
point;
THENCE N 000 541 02" W 32.21 feet, to a point;
THENCE S 890 38' 26" W 51.43 feet, to a point;
2002 -UW -100 -TC
PARCEL
THENCE S 010 02' 25" E 32.28 feet, to a point;
THENCE S 890 341 0711 W 265.25 feet, along a line 75 feet South of
and parallel to the North boundary line of said Gibson Tract, to a
point in the West boundary line of said Gibson Tract, being the
East right-of-way line of aforesaid U.S. Highway No. 377;
THENCE along the East right-of-way line of U.S. Highway No. 377, as
follows:
1. N 050 341 4011 W 28.40 feet, to a Texas Department of
Transportation right -of -way monument found, at the beginning of
a curve to the right;
2. NORTHWESTERLY 21.80 feet, along said curve to the right
having a radius of 3,759.83 feet, a central angle of 000 191
5611, and a chord bearing N 050 201 2411 W 21.80 feet, to THE
PLACE OF BEGINNING, containing 2.691 acre (117,226 square feet)
of land.
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TEMPORARY CONSTRUCTION EASEME.
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PAGE 3 OF 4
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VOL. 388-141, PG. 45
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RICHARD J. GIBSON
0 VOL. 6080, PG. 45
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PAGE 40F 4
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BRITTAIN & CRAWFORD
LAND SURVEYING &
TOPOGRAPHIC MAPPING
Ir) 926-10211 - IIETRO 42"112
P.O. BOX 113T4 - 3906 SOUTH FREEWAY
FORT WMTH. TEXAS r{1100
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PERMANENT WATERLINE EASEMENT /2" IRON RODS FOUND
1.389 ACRES j 60,509 SO -FT. N 8663-703294111 ##EE
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2.691 ACRES / 117.- 6 SQ.Fr- f o
RICHARD J. GIBSON
VOL 6080, PG. 45
D.R.T.C.T.
MAJUNG ADDRESS:
1100 N. MAIN ST.
KELLER, TEXAS, 76248
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PAGE 4 OF 4
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2002 -UW -098 -TC
EXHIBIT "All
LEGAL DESCRIPTION
PERMANENT WATERLINE EASEMENT
BEING a 20.5 foot wide strip of land located in the R. F. ALLEN SURVEY,
Abstract No. 29, Keller, Tarrant County, Texas, and crossing the Tract of
land conveyed to Serey S. Teng by the deed recorded in Volume 14646, Page
327 of the Deed Records of Tarrant County, Texas. Said 20.5 foot wide
strip of land being more particularly described by metes and bounds, as
follows:
BEGINNING at a point in the South boundary line of said Teng Tract,
located N 880 351 0511 E 20.01 feet, from the Southwest corner of
said Teng Tract;
THENCE NORTHEASTERLY 376.08 feet, along a line 20 feet East of
and parallel to the West boundary line of said Teng Tract, and the
East right-of-way line of U.S. Highway No. 377, with a curve to the
right having a radius of 3,739.83 feet, a central angle of 050 451
42", and a chord bearing N 000 091 1511 E 375.92 feet, to a point
in the North boundary line of said Teng Tract;
THENCE N 890 281 3711 E 20.57 feet, along the North boundary line
of said Teng Tract, to a point;
THENCE SOUTHWESTERLY 375.77 feet, along a line 40 feet East of
and parallel to the West boundary line of said Teng Tract, and the
East right-of-way line of aforesaid U.S. Highway No. 377, with a
curve to the left having a radius of 3,719.30 feet, a central angle
of 050 471 1611, and a chord bearing S 000 091 3711 W 375.61 feet,
to a point in the South boundary line of said Teng Tract;
THENCE S 880 351 0511 W 20.54 feet, along the South boundary line
of said Teng Tract, to THE PLACE OF BEGINNING, containing 0.177
acre (7,718 square feet) of land.
FNKEL-42.ESM3
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2002 -UW -098 -TC
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 50 foot wide strip of land located in the R. F. ALLEN SURVEY,
Abstract No. 29, Keller, Tarrant County, Texas, and crossing the Tract of
land conveyed to Serey S. Teng by the deed recorded in Volume 14646, Page
327 of the Deed Records of Tarrant County, Texas. Said 50 foot wide
strip of land being more particularly described by metes and bounds, as
follows:
BEGINNING at a point in the South boundary line of said Teng Tract, being
located N 880 35' 05" E 40.55 feet, from the Southwest corner of
said Teng Tract;
THENCE NORTHEASTERLY 375.77 feet, along a line 40 feet East of
and parallel to the West boundary line of said Teng Tract, and the
East right-of-way line of U.S. Highway No. 377, with a curve to the
right having a radius of 3,719.30 feet, a central angle of 050 47'
1611, and a chord bearing N 000 09' 37" E 375.61 feet, to a point
in the North boundary line of said Teng Tract;
THENCE N 890 28' 37" E 50.10 feet, along the North boundary line
of said Teng Tract, to a point;
THENCE SOUTHWESTERLY 374.99 feet, along a line 90 feet East of
and parallel to the West boundary line of said Teng Tract, and the
East right-of-way line of aforesaid U.S. Highway No. 377, with a
curve to the left having a radius of 3,669.30 feet, a central angle
of 050 51' 1711, and a chord bearing S 000 10' 33" W 374.83 feet,
to a point in the South boundary line of said Teng Tract;
THENCE S 880 35' 05" W 50.01 feet, along the South boundary line
of said Teng Tract, to THE PLACE OF BEGINNING, containing 0.431
acre (18,769 square feet) of land.
FNKEL-42. ESM 3
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FAIT WORTH. TEXAS T{110
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MY OF KELLER
VOL 14786, PG. 30
O.R.T.C.T.
1/2" IRON ROD FOUND PJRD DEVELOPMENT Co. VOL. 12840, PG. 616, D.R.T.C.T.
CITY OF KELLER
VOL 14642, PG. 262—
D.R.T.C.T. TBC FIRST REALTY, INC. 10366, PG. 327. D.R.T.C.T.
N 89028'37"E 20.57 N 89*28'37"E 50.10'
1/2" IRON ROD FOUND ---v
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R= 3,719.301 1116 N. MAIN ST.
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POINT OF BEGINNING POINT OF BEGINNING
PERMANENT WATERLINE EASEMENT NTEMPORARY CONSTRUCTION EASEMENT
N 88035'05"E S 88035'05'rW 50.01'
20.01'
S 88035'05'V 20.549
CRY OF KELLER
VOL 14641, PG. 183 I TBC CONSTRUCTION. INC. VOL 13136, PG. 535, D.R.T.C.T.
D.R.T.C.T.
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NOVEMBER 22, 2002
SCALE 1 60'
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PARCEL 3
2002 -UW -096 -TC
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT WATERLINE EASEMENT
BEING a 20 foot wide strip of land located in the R. F. ALLEN SURVEY,
Abstract No. 29, Keller, Tarrant County, Texas, and crossing the Tract of
land conveyed to PJRD Development Co. by the deed recorded in Volume
12840, Page 616 of the Deed Records of Tarrant County, Texas. Said 20
foot wide strip of land being more particularly described by metes and
bounds, as follows:
BEGINNING at a point in the South boundary line of said PJRD Development
Co. Tract, and being located N 890 28' 37" E 20.06 feet, from a
1/2" iron rod found, marking the original Southwest corner of said
PJRD Development Co. Tract. Said Point of Beginning also being the
Southeast corner of the Tract of land conveyed to the City of
Keller for right-of-way expansion of U.S. Highway No. 377 by the
deed recorded in Volume 14786, Page 308 of the Deed Records of
Tarrant County, Texas;
THENCE NORTHEASTERLY 309.59 feet, along the East boundary line of
the aforesaid City of Keller right-of-way expansion document, being
the new East right-of-way line of U.S. Highway No. 377, with a
curve to the right having a radius of 3,739.83, a central angle of
040 44' 35", and a chord bearing N 060 10' 12" E 309.50 feet, to
a point;
THENCE S 890 58' 17" E 20.22 feet, to a point;
THENCE SOUTHWESTERLY 309.42 feet, along a line 20 feet East of
and parallel to the East boundary line of the aforesaid Tract of
land conveyed to the City of Keller, and the new East right-of-way
line of U.S. Highway No. 377, with a curve to the left having a
radius of 3,719.83, a central angle of 040 45' 57", and a chord
bearing S 060 12' 17" W 309.33 feet, to a point in the South
boundary line of said PJRD Development Co. Tract;
THENCE S 890 28' 37" W 20.06 feet, along the South boundary line
of said PJRD Development Co. Tract, to THE PLACE OF BEGINNING,
containing 0.142 acre (6,190 square feet) of land.
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 50 foot wide strip of land located in the R. F. ALLEN SURVEY,
Abstract No. 29, Keller, Tarrant County, Texas, and crossing the Tract of
land conveyed to PJRD Development Co. by the deed recorded in Volume
12840, Page 616 of the Deed Records of Tarrant County, Texas. Said 50
foot wide strip of land being more particularly described by metes and
bounds, as follows:
BEGINNING at a point in the South boundary line of said PJRD Development
Co. Tract, and being located N 891 281 3711 E 40.12 feet, from a
1/211 iron rod found, marking the original Southwest corner of said
PJRD Development Co. Tract;
THENCE NORTHEASTERLY 309.42 feet, along a line 40 feet East of
and parallel to the original East boundary line of said PJRD
Development Co. Tract, being a line 20 foot East of and parallel to
the new East right-of-way line of U.S. Highway No. 377, with a
curve to the right having a radius of 3,719.83 feet, a central
angle of 040 451 5711, and a chord bearing N 060 121 1711 E 309.33
feet, to a point;
THENCE N 890 58' 17" W 20.22 feet, to a point in the new East
right-of-way line of aforesaid U.S. Highway No. 377, being the East
boundary line of the Tract of land conveyed to the City of Keller
for the expansion of the right-of-way area for U.S. Highway No. 377
by the deed recorded in Volume 14786, Page 308 of the Deed Records
of Tarrant County, Texas;
THENCE NORTHEASTERLY 50.61 feet, along the new East right -of -way
line of said U.S. Highway No. 377, with a curve to the right having
a radius of 3,739.83 feet, a central angle of 000 461 3111, and a
chord bearing N 080 551 4511 E 50.61 feet, to a point;
THENCE S 890 58' 17" E 70.95 feet, to a point;
THENCE SOUTHWESTERLY 359.62 feet, along a line 70 feet East of
and parallel to the new East right-of-way line of said U.S. Highway
No. 377, with a curve to the left having a radius of 3,669.83 feet,
a central angle of 050 361 5311, and a chord bearing S 060 411 18"
W 359.48 feet, to a point in the South boundary line of said PJRD
Development Co. Tract;
THENCE S 890 281 3711 W 50.15 feet, along the South boundary line
of said PJRD Development Co. Tract, to THE PLACE OF BEGINNING,
containing 0.436 acre (19,004 square feet) of land.
FNKEL-42. ESM 1
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PERMANENT WATERIJ NE EAS NT TOPOGRAPHIC MAPPING
TEMPORARY CONSTRUCTIONioi iNT i8f7' 92FIEo'. (e
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N 89°28'37"E 309.33'
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POINT OF BEGINNING—' gg028•37••yy 20.06' PERMANENT WATERLINE EASEMENT
CITY OF KELLER TBC FIRST REALTY,INC, VOL 10366, PG. 728_ D.R.T.C.T.
VOL 14642, PG. 362
D.R.T.C.T. SERRY S. TENG, VOL 14646, PG. 327, D.R.T.C.T.
I (DOC) \SU\FNKEL-42\KELSLAKE\ESMNT-1\