2010-016 ResolutionOFFICIAL RECORD
RESOLUTION NO. 10-016
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 FOR THE PURPOSE OF CONSTRUCTION AND
MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER
PUBLIC PURPOSES PERMITTED BY LAW
WHEREAS, the City of Southlake is in the process of constructing public roadway
improvements along North Kimball Avenue (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 right of way 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, Luther L. Hillman, (the
Hillman Property"), have been unable to reach an agreement on the acquisition of the needed
right-of-way; 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 0.307 acre right of way 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 right of way through the exercise of the City's power of eminent
domain, provided that the following conditions are first met:
Page 1
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
is needed so that the City of Southlake can construct roadway improvements, 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 loth day of Apoi 52010.
s <
THIa,
OV Lq/rF Mayor, Ci Southl e
ATTEST:
Lori Payne, Cit Secretary Ile
Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
NORTH KIMBALL -AVENUE, PHASE I
PARCEL 33
BEING 0.307 acre of land located in the S. Freeman Survey, Abstract No. 525,
Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Luther L. Hillman, by the deed recorded in Volume 14264, Page
444, of the Deed Records of Tarrant County, Texas, Said 0.307 acre of land
being more particularly described by metes and bounds as follows:
BEGINNING at a "PK" nail found at the Northwest corner of said Hillman tract,
and lying in the centerline of North Kimball Avenue, and lying in the
projection of the South right-of-way line of Still Water Court;
THENCE N 88° 10' 52" E 66.84 feet, along the North boundary line of
said Hillman tract and along the projection of the South right-of-way line of
said Still Water Court to a '/Z" iron rod marked "Brittain & Crawford" set in
the new east right-of-way line of said North Kimball Avenue;
THENCE along the new East right-of-way line of said North Kimball Avenue as
Follows:
S 43° 41' 16" W 28.52 feet, to a'/2' iron rod marked "Brittain &
Crawford" set;
2 S 000 49'31" E 261.98 feet, to a'/z" iron rod marked "Brittain
Crawford" set in the South boundary line of said Hillman tract;
THENCE S 88'03'22-W 46.88 feet, along the South boundary line aid
Hillman tract to a point at the Southwest corner of said Hillman tract, said
point lying in the center of North Kimball Avenue;
THENCE N 00' 49'04"W 282.07 feet, along the West boundary line of
said Hillman tract, and the centerline of North Kimball Avenue, to the
POINT OF BEGINNING, containing 0.307 acre (13,413 square feet) of
land.
g:doc%kimball-leg a Is*row331
N 88' 10'52"E -- --
rt --
66.84' STILL WATER COURT
POINT OF BEGINNING
PK" NAIL FOUND
X1/2" IRON ROD SET
o jS 43'41'16"W
Of 28.52'
1/2" IRON ROD SET
m
I
ZI z 00
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00
Z3j 3 LUTHER L. HILLMAN
o
N VOL. 14264, PG. 444
01
Z II D.R.T.C.T.
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AREA TABLE
0.307 ACRE TOTAL
13,413 SQ.FT.
0.167 ACRE IN PRESCRIPTIVE
RIGHT—OF—WAY
0.140 ACRE NET
6,129 SQ.FT.
SURVEYEDON THE GROUND
NOVEMBER 12. 2008
I P
1--y25.83-- 1/2- IRON ROD SET
J
J S 88'03'22"W
i
Z m i
46.88'
W
n I LOT 1
YZ
N W BLOCK 2. ESTANCIA AT SO THLAKE
I` _ > CAB.___, SLIDE _ T.C.T.
O
Z 1 LOT 2
P pOTER e'Y LOT 3
JAMES L. BRITTAIN
1674
JAMES L BRITTAIN <ti0Fesslq 0 PROPERTYCORNER NOTE
REGISTERED PROFESSIONAL SURF
LAND SURVEYOR ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
STATE OF TEXAS NO.1674 WITH CAP MARKED "BRITTAIN do CRAWFORD"
CITY OF SOUTHLAKENJ1400MAINSTREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, PHASE I, S.H. 114 TO PATTERSON WAY
BRmAm & CRAwFoRD
LAND SURVEYING h
TOPOGRAPHIC MAPPING
17) 925-0211 - METRO (217) 42"112
FAX N.. (417) 820-047
P.O. BOX 11374 • 3.0. ldRR FREEWAY
FORT work idAS 71110
owe .e . .. ti.am
KIMBALL\_ROW33\
EXHIBIT "B"
PERMANENT - RIGHT-OF-WAY
0.307 ACRE OF LAND
LOCATED THE
S. FREEMAN SURVEY
ABSTRACT No. 525
SOUTHLAKE, TARRANT COUNTY,
TEXAS SCALE 1"=
601
