2009-048 ResolutionOFFICIAL RECORD
RESOLUTION NO. 09-048
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION
ACTION FOR THE PURPOSE OF OBTAINING A RIGHT-OF-WAY
EASEMENT FOR THE PURPOSE OF CONSTRUCTION OF A MULTI-
PURPOSE TRAIL OR FOR OTHER PUBLIC PURPOSES PERMITTED
BY LAW
WHEREAS, the City of Southlake is in the process of constructing an eight -feet
wide multi-purpose trail along East Dove Road in order to provide safe public pedestrian
and bike access to different parts of the City in order to 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 right-of-way easement from property owners who own land upon
which the project will be located; and
WHEREAS, the City and the owner of one of said properties, John and Gwen
Koldus (the "Property"), have been unable to reach an agreement on the acquisition of
the needed public utility easement;
WHEREAS, the City has previously provided the owner with the Texas
Landowner's Bill of Rights, obtained and appraisal from a qualified appraiser, negotiated
in good faith, made a good faith offer, and completed all other prerequisites to the
initiation of eminent domain proceedings: 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 0.0790 acre
easement on the Property, located at 600 E. Dove Road, as more particularly described
on the attached Exhibit "A" and depicted on the attached Exhibit "B" and further finds
City Council Approved 7-0 at 8/4/09 Meeting
ROW Easement Property at 600 E Dove Road — Jay and Gwen Koldus property owners
that the City has previously provided the owner with the Texas Landowner's Bill of
Rights, obtained an appraisal from a qualified appraiser, negotiated in good faith, made
a good faith offer, and that all other prerequisites to the initiation of eminent domain
proceedings have been met.
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:
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 right-
of-way easement is needed so that the City of Southlake can construct a multi-purpose
trail, which is a public purpose and is necessary to serve the public health, safety and
welfare.
City Council Approved 7-0 at 8/4/09 Meeting
ROW Easement Property at 600 E Dove Road — Jay and Gwen Koldus property owners
SECTION 5.
That this Resolution shall take effect upon its adoption, and it is so Resolved.
ADOPTED this dd) day of 1 USf , 2009.
ATTEST:
Lori Payne, City0ecretary
MaAri of S? fhlake
City Council Approved 7-0 at 8/4/09 Meeting
ROW Easement Property at 600 E Dove Road — Jay and Gwen Koldus property owners
t
EMBI'P IS"
3,443 SQUARE FOOT
RIGHT-OF-WAY DEDICATION
BEING a portion of a 2.000 acre tract of land out of the L W. Chivers Survey, Abstract
Number 350, conveyed by deed to Jobn Koldus, IV, ctax Gwen, in Volume 11962, Page
662, Deed Records, Tarrant County, Texas, (DMT), and being more particularly
described by metes and bounds as follows.-
COMMENCING
ollows:
COMMENCING at a found 1l2" iron rod, capped "LANDES", in the west line of said
Koldus tract, said pond being the most eastedy northeast corner of a tract of land
conveyed by deed to Solan M Shelton in Volume 4400, Page 646, DRTCT,
THENCE South 03 deg= 56 minutes 55 seconds West, along said west line, a
distance of 180.29 feet to a set 516" iron rod for the POINT OF BEGINNING;
THENCE South 89 degrees 42 minutes 01 seoonds East, along the new north right-of-
way of Bast Dove Road, a distance of 119.47 feet to a set 518" iron rod for dedication
corner
THENCE North 89 degrees 41 minutes 25 smonds East, continuing along said north
line, a distance of 98.62 feet to a set 518" iron rod for dedication corner in the west line of
Lot 1, James L Chivers #348 Addition, ceoorded in Cabinet A. Slide 5434, Plat Records,
Tarrant County, Tm=
THENCE South 00 cep,-= 03 minutes 17 seconds East, along the west line of said Lot _
1,a distance of.15%2&feet to -a peitA for dedicatiorr cornerin -the existing nortb"l fte of -
East Aove Road;
THENCE South 89 degrees 37 minutes 42 seconds West, along said north lime, the same
being the south line of said Moldus tract, a distance of 219.26 fret to a point for
dedication comer;
THENCE North 03 degrees 58 minutes 55 seconds East a distance of 16.83 feet to the
POINT OF BEGJ1' MING and containing 0.079 acres or 3,443 square feet of land more
or less.
P'1SOUCHt.AKElr7?EISVRYEY Esu tR4YlNyXaMus,doo
r
5 89* 3'71421' W 219.26,
EAST DOVE ROAD
0 F
SURVFYOR'ScFAnmGA'n0N •
of Texas, I V49 1, INP K WGROm 0 REGISIOnld FfOr"sIvIlal land Sw,,w)vr of the StalStTexas,5, S IPJ
certify that th-1culations, grapbladwown and jecaj devarpgan, orehl, sumyynm
W. '
op I Ppgta SunepatedunftmypersonI survey ensda an thm ground,
su
F and Surveyor Na 5804
SHR/PAL & TIAONUA GAVE
LOT I
JAMES L. CNIVERS 1348 AMMON
CAG. A SLIDE 5434, PO?TCr
MST, - 0206254634, ORTCr
AWRACT 348
rRAC T 28
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EXHIBIT IINT
41P3,44,3 SQUARE FOOT ABSTRACT J.50
RIGHT-OF-WAY DEDICATION
TRACT 1
JOW KO&DL4US IV
E= OWEN
ABSTRACT 350 VOLLW 11962, PAGE 662
TRACT IA DRTCT
JOHN R SHEtTON kOVOLUME4400, PACE 844
ORTCT
42'01" E 119.47' N 09-41'259$.62- r, jlt SET -11,1W tR–
5 89* 3'71421' W 219.26,
EAST DOVE ROAD
0 F
SURVFYOR'ScFAnmGA'n0N •
of Texas, I V49 1, INP K WGROm 0 REGISIOnld FfOr"sIvIlal land Sw,,w)vr of the StalStTexas,5, S IPJ
certify that th-1culations, grapbladwown and jecaj devarpgan, orehl, sumyynm
W. '
op I P pgta SunepatedunftmypersonI survey ensda an thm ground,
su
F and Surveyor Na 5804
SHR/PAL & TIAONUA GAVE
LOT I
JAMES L. CNIVERS 1348 AMMON
CAG. A SLIDE 5434, PO?TCr
MST, - 0206254634, ORTCr
AWRACT 348
rRAC T 28
ALFRE00 & AN061.A WIXIMEZ
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