2009-019RESOLUTION NO. 09-019
OFFICIAL RECORD
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A
CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A
PUBLIC UTILITY EASEMENT FOR THE PURPOSE OF
CONSTRUCTION AND MAINTENANCE OF A RIGHT TURN
DECELERATION LANE OR FOR OTHER PUBLIC PURPOSES
PERMITTED BY LAW
WHEREAS, the City of Southlake is in the process of constructing a right turn
deceleration lane at the intersection of West Southlake Boulevard and Brock Drive (the
Project") which will serve existing and future development in the City; and
WHEREAS, in order to complete construction of the Project, it is necessary for the City
to acquire a public utility easement 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, Southlake Church (the
Church Property"), have been unable to reach an agreement on the acquisition of the needed
public utility 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 Council of the City of Southlake, Texas, hereby finds and determines that the
recitals made in the preamble of this Resolution are true and correct, and incorporates such
recitals herein.
SECTION 2.
The City Council of the City of Southlake, Texas hereby finds and determines that a
public necessity exists for the City of Southlake, Texas to acquire a 0.020 acre public utility
easement on the Property, as more particularly described on the attached Exhibit "A" and
depicted on the attached Exhibit `B".
SECTION 3.
The City Attorney is hereby authorized to bring a condemnation lawsuit against the
owners, and any and all other parties having an interest in the property, for the purpose of
acquiring the above referenced public utility easement through the exercise of the City's power
of eminent domain, provided that the following conditions are first met:
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a) The City will obtain ownership information and a legal description for each parcel
to be acquired;
b) If the property owners and/or other parties are located through the exercise of due
diligence, the City Manager, or her designated representative, will:
1) Make a final offer to the owners and/or other parties for the purchase of
the above referenced easements;
2) When the final offer to purchase is made, the City Manager or her
representative will disclose to the owners and/or other parties, all existing appraisal reports or
value studies produced or acquired by the City relating to the owners' or parties' property and
used by the City in determining the amount of the final offer;
3) If the owners and/or other parties fail or refuse to accept the City's final
offer, the City Manager may direct the City Attorney to file eminent domain proceedings.
c) When any of the owners and/or other parties cannot be located through the
exercise of due diligence, the City Attorney may skip the actions described in paragraph (b) and
may file eminent domain proceedings against such owners and/or other parties, and shall cite
such owners and/or other parties, who cannot be located, by publication in the manner authorized
by law.
d) The City Council hereby authorizes the City Manager to make final offers to the
owners of such property in such amount as the City Manager determines to be just compensation
for conveyance to the City of Southlake of the above referenced easements, based upon
appraisals or market studies available to the City Manager.
SECTION 4.
That the City Council hereby finds and determines that the above described public utility
easement is needed so that the City of Southlake can construct a right turn deceleration lane,
which is a public purpose and is necessary to serve the public health, safety and welfare.
SECTION 5.
That this Resolution shall take effect upon its adoption, and it is so Resolved.
ADOPTED this I day of
ATTEST:
4U - pa -e
Lori Payne, City S)
2009.
ayo4r,t'of Southlake
Page 2
TSC Job No. P202060434
Page 1 of 3
May 22, 2008
Exhibit A
Parcel 3
P.U.E. —Public Utility Easement
For Public Use
Being a Public Utility Easement out of the J,G. Allen Survey, Abstract No. 18, Tarrant County,
Texas, and being a portion of a tract of land described as Lot 1 R to Southlake Church of Christ,
as recorded in Cabinet A, Slide 3899, Plat Records, Tarrant County, Texas (P.R.T.C.T.); said
easement being more particularly described by metes and bounds as follows:
BEGINNING at 5/8 inch iron rod with plastic cap stamped "TranSystems" set in the common
East line of said Lot IR and the Westerly right-of-way line of Brock Drive, frorn which a 5/8
inch iron rod found for the easternmost Southeast corner of said Lot 1 R bears South 00 degrees
14 minutes 42 seconds East, a distance of 50528 feet;
I ) Thence South 66 degrees 47 minutes 55 seconds West, along the South line of said
easement, a distance of 90.48 feet to a 5/8 inch iron rod with plastic cap stamped
TranSystems" set;
2) Thence South75 degrees 26 minutes 38 seconds West, continuing along the South line of
said easement, a distance of 104.37 feet to a 5/8 inch iron rod with plastic cap stamped
TranSystems" set;
3) Thence North 00 degrees 14 minutes 14 seconds West, along the West line of said
easement, a distance of 4.62 feet;
4) Thence North 75 degrees 28 minutes 37 seconds East, along the North line of said
easement, a distance of 102-61 feet;
5) Thence North 66 degrees 49 minutes 54 seconds East, along the North line of said
easement, a distance of 92,30 feet to the common East line of said Lot 1 R and said
Easterly right-of-way line of Brock Drive;
6) Thence South 00 degrees 14 minutes 42 seconds East, along said common line, a distance
of 4,79 feet to the POINT OF BEGINNING and containing 0.020 acres (589 square
feet) of land more or less,
G• FW06 4734,sunsy ParcelW dor
TSC Job No P202660434
Page 2 of'3
May 22, 2008
Note: Survey sketch to accompany this legal description.
Note: Bearings are based on NAD 83 Datum, Texas State Plane Coordinate System, North
Central Zone
That 1, David L.. Dawson, a Registered Professional Land Surveyor, in the State of Texas,
hereby states that this survey was made from an actual on the ground survey made in April,
2008 under my supervision, that all monuments exist as shown hereon and this survey
substantially conforms with the current professional and technical standards as set forth by the
Texas Board of Professional Land Surveying
7.
David - L. Dawson
Registered Professional Land Surveyor
Texas Registration No. 4672
Date:
0tr
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SHEET TITLE
A R CE L 3
SOUTHLAKE CHURCH OF CHRIST
PROJECT
P. U. Erf1t'1i 'rams DOprttrnrrnt •: on'I____:,_:?-.
L ® urftnoports0w I`.• ., — a PUBLIC UTILITY EASEMENT
200' FOR PUBLIC USE
n PROD NO: P202060434 \ • f cypt `1
SCALE:1 INCH 50 FEET
DATE: 5.22.2008
DESIGNED BY: CGG
DRAWN BY: JAK Page 3 or 3
CHECKED BY: OLD
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