2009-049OFFICIAL RECORD
RESOLUTION NO. 09-049
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, Jerry and Patricia
Gilliland (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 0.0698 acre
easement on the Property, located at 680 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 680 E Dove Road — Jerry and Patricia Gilliland property owners
Page 1 of 3
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 680 E Dove Road — Jerry and Patricia Gilliland property owners
Page 2 of 3
SECTION 5.
That this Resolution shall take effect upon its adoption, and it is so Resolved.
ADOPTED this qfh day of "L' , 2009.
Ca%
Mayor, City of SouPake
ATTEST:
f///I ff /
rttllly!'
J ••• ••••
Lori Payne, City 84cretary cnc
City Council Approved 7-0 at 8/4/09 Meeting
ROW Easement Property at 680 E Dove Road — Jerry and Patricia Gilliland property owners
Page 3 of 3
SIT B"
3,039 SQUARE ROOT
MIGHT -OR -WAY DEDICATION
BRING a portion of a 2.000 acre tract ofland out of the J. L. Chivers Survey, Abstract
Number 348, conveyed by deed to Jerry Ivey Gilliland and Patricia Gilliland in Volume
4495, Page 839, Deed Records, Tarrant County, Teras, (DRTC ), and bewg more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod found at the southwest comer of Lot 3, Block AR,
Huntwick Estates Addition, recorded by plat in Volume 388-182, Page 75, Fiat Records,
Tarrant County, Texas;
THENCE South 89 degrees 41 minutes Z5 seconds West a distance of 99.98 feet to a set
5/8" iron rod in the.east line of said (Mlilaud tract for the POINT OF BEGINNING;
TkM4CE South 00 degrees 05 minutes 39 seconds East, along the cast line of said
Gilliland tract a distance of 16.34 feet to a point in the existing north right-of-way of East
Dove Road for dedication corner,
THENCE South 89 degrees 54 minutes 00 seconds West, along the south line of said
Gilliland tract, a distance of 190.01 feet to a point for dedication comer at the southeast
corner of a tract of land deeded to Alfrodo and Angela Gu iierrez in Volume 11739, Page
535, DRTCT;
THENCE North 00 degrees 00 minutes 34 seconds West, along the east litre of said
Qutirrcz trail, a distm}ee of_55;65 feet to a set.5/871ronrod for dedication cnzaer;. u ._... -
THENCE North 89 degrees 41 minutes 25 seconds Bata distance of 189.99 feet to the
POINT Ol+ BEGINNING and containing 0.069 acres or 3,039 squaro feet of land more
or less.
e:sourftrhic na suRv vFsm-xow a2-cmci naa
f
Q1RaC
1
I
c
A65rRACr 348 }
TRACT 28
ALFREVO ft ANGELA WnERREZ
VOLUME 11739, PAGE 535
DRTCr
EXHIBIT "All t
3,039 SQUARE FOOT
RIGHT-OF-WAY DEDICATION
t.
A9SrRACr 348 ABSIAACr 348
mor 2BIA TRACr 2A
J. x & PATnt1C1A GIZL&ANO MARTHA DURHAM
VOLUME 4495, PAGE 839 ! VOLUME4195. PACE 16F
DR= } .DRrt:r
CKAr?tE'S & AUSSA CAYAWO
8LOCJC AR, LOr 3
h4.7YrSy'1 w ESWES AUDITIO14
YOLUMC .35$-752, PAGE 75 PRTCt
VOLUME 12064, PACE 60tt. DRiCr
i
SET 5-
1 __ .i1 P* 4,1'25" E 189.99' y sR S 89.41'25" W 99.98`
N 00' 00'34" yy -_ I ` .0.8: ; .._.......C.
4rh65L--
S 89.54100" W 190.09'
S -OU• 05'39" --
10.3v
EAST DOVE ROAD
nasr 0~ rr uvnr
CIN FEET ?
11nch - 50 ft.
AALING}'I'ON SVRVMM & MAPPING
t1E{{Uft *. atimm, iia
3=Gntt. 71110 TOW
ate'} ase -won xatno (01,4aea-wu
SURVEYOR'S CERTIFICATION
1, Philp B. Wolters. a Registered Profealoget Land Surveyor of lha &tato of Teras,
comfy Usst Iha aloukaorrs, graphla deplcdan and legal duvipdona atthts aurveyvrare
pta_pjL1Lprspsmd under ray pgmonalrsup front on ached sutvay trade on Um ground.
tom.!
Registered Prokasio•rvsyor No. ISM
s..
Q
M