2009-050OFFICIAL RECORD
RESOLUTION NO. 09-050
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, Alfredo and Angela
Gutierrez (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 0.0520 acre
easement on the Property, located at 670 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 670 E Dove Road — Alfredo and Angela Gutierrez property owner
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 670 E Dove Road — Alfredo and Angela Gutierrez property owner
Page 2 of 3
SECTION 5.
That this Resolution shall take effect upon its adoption, and it is so Resolved.
ADOPTED this iii day of l , , 2009.
Mayor, City of So lake
ATTEST:
JTHLA
p; .
Lori Payne, City
City Council Approved 7-0 at 8/4/09 Meeting
ROW Easement Property at 670 E Dove Road — Alfredo and Angela Gutierrez property owner
Page 3 of 3
i
EXHIBIT 'Wl
2,266 SQUARE "FOOTSHRlPALdTIAOHUADAVE
LOT 1R1GHT—OF—WAY
It,
x•'
a
ABSTRACT 350 JAMES L. CHJVERS •J48 ADDITION
DEDICATION VIS
TRACT FA1
JOHN KOLDUS IV I
CAD. A, SLIDE 5434, PRTCT
INST. • D206264534, ORTCT r1J11
ETUX CWEN !
VOLUME 11962, PAGE 662 ABSTRACT J48
TRACT 281A
ABSTRACT 348
f TRACT iA
DRTCT
J. 1. GILLILAND 1 MARTHA OVRHAM
ABSTRACT J48 I VOLUME 44-K PACE 839 VOLUME 4195. PACE f6f
TRACT 2.9 DRrGT I DRrCr
ALFREDO d ANGELA OUTIERREZ
i VOLUME 11735. PAGE 5J5
DRTCT
r---_
ser s a' Ik
N $9-41'25" E 148_.56'-- T'b 5 89' 41'25" W 1 289.97' _ 1g -
00'34' A) O.B. p.O.c.
N )
87— 59'28"Wl8.55'
r
t
S 89° r I
EAST DOVE ROAD
SURVEYORS CERTIFICATION
1. PhRip B. Wolters, a RegMvred Profasslonal Land S rvayor of the stag of Twas,
cerUfy aratlhe calwladons, gnphlo depiction and legal descrtpUons of ads survey mre
p oradunder my personal sox on ff n ecru I survey mad& on are ground.
Regletere4Proh al Land surveyor No.6e94
a
IN FEET )
i I inch - 50 it.
ARLINOTOR 4uAvAA"ty & WFING
2M ATE= Jr W= 312
AUMMM. ?ifiliB 'rWff
2,266 SQUARZ FOOT
RIGHT-OF-WAY DEDICATION
BUNG a portion of a 2.822 acre tract of land out of the J. L. Chivers Survey, Abstract
Number 348, conveyed by deed to Alfredo Lcal Gudwrez and Angela Gail Gu iczmz in
Volume 11739, Page 535, Deed Records, Tarrant County, Texas, (DRTCT), and being
mote particularly described by metes and bounds as follows:
COMMENCING at a SW iron rod found at the southwest comor of Lot 3, Block Alt,
Huntwick Estates Addition, recorded by plat in Volumc 388-182, Page 75, Plat Records,
Tarrant County, Texas;
THENCE South 89 degrees 41 minutes 25 seconds West a distance of 289.97 feet to a
set 519" iron rod is the east line of said Gutierrez tract for (be POINT OF BEG1N M(3;
THENCE South 00 degrees 00 minutes 34 seconds East, along the east line of said
Gutierrez tract a distance of 15.65 feet to a point in the existing north right-of-way of
Bast Dove Road for dedication corner,
THENCE South 89 degrees 59 minutes 26 seconds West, along the south line of said
Gudezrez tract, a distance of 148.55 feet to a point for dedication comer at the southeast
comer of lot 1, James L Chivers -0348 Addition, recorded in Cabinet A, Slide 5434, Plat
Records, Tarrant County, Texas,
THENCE North 00 degrees 00 minutcs 34 seconds West, along the east line of said Lot
1, a distance of 14 87 feet xo a fK5/8" ij= rod for dedication me
TACE North 89 degrees 41 minutes 25 seconds Bast a distance of 14856 feet to the
POINT OF BEGRfMG and containing 0.052 acres or 2,266 square feet of land more
or less.
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