2010-017It i
OFFICIAL RECORD
RESOLUTION NO. 10-017
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, Texas Petro Corp. III, (the
Texas Petro Corp"), 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 0.016 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:
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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 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 _f day of - , 2010.
MayoCity o Sr,outhl*
ATTEST:
SOUTHi
r
Lori Payne, CiSecretary
le10
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EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
NORTH KIMBALL AVENUE, PHASE I
PARCEL 1
BEING 0.016 acre of land located in Lot 5, Block 1, MESCO ADDITION, to the
City of Southlake, Tarrant County, Texas, according to the plat recorded in
Cabinet A; Slide 3619, of the Plat Records of Tarrant County, Texas, Said 0.016
acre of land being more particularly described by metes and bounds as follows:
BEGINNING at an "X" found cut in concrete at the Northeast corner of said Lot 5
and being the Southeast corner of Lot 4, Block 1, of said Mesco Addition,
and said "X" is lying in the existing West right-of-way line of North Kimball
Avenue.
THENCE along the existing West right-of-way line of said North Kimball
Avenue and the East boundary line of said Lot 5, as follows;
S 00° 00' 34" E 46.17 feet, to a '/2" iron rod found;
2. S 06" 50'06" W 85.56 feet, to a'/2" iron rod marked "Brittain &
Crawford" set in the new West right-of-way line of North Kimball
Avenue;
THENCE along the new West right-of-way line of said North Kimball Avenue
as follows;
1. N 00° 18'29" E 66.03 feet, to a %2° iron rod marked "Brittain &
Crawford" set;
2. N 19° 43'35" E 10.36 feet, to a %2" iron rod marked "Brittain &
Crawford" set;
3. N 00° 47'04" W 55.34 feet, to a %" iron rod marked "Brittain &
Crawford" set in the North boundary line of said Lot 5 and being the
South boundary line of said Lot 4;
THENCE N 89° 59' 26" E 7,08 feet, along the North boundary line of said
Lot 5, and the South boundary line of said Lot 4, to the POINT OF
BEGINNING, containing 0.016 acre (678 square feet) of land.
G: d oc%kimball-leg alMprowl l
I
I
I
LOS 4, BLOCK 1
I - - MESCO ADDITION
CAB. 'A'SUDE 3620
P.R.T.C.T."
I
I
N 89059'26"E OINT OF BE INNING
7.08' x" FOUND CUT IN (CONCRETE
1/2" IRON ROD SET -y
PERMANENT RIGHT-OF-WAY LINE---, S 0000'34"E
N 00047'04"W 46.17'
55.34' EXISTING RIGHT-OF-Wy LINEII1/2" IRON ROD SET
N 19043'35"E 1/2" IRON ROD FOUND'
10.36' 'L
SNO. 1674STATEOF
SR
1/r IRON ROD SET -
PERMANENT RIGHT-OF-WAY__-,/ S 06°50'06"W
0.016 ACRE / 678 SQ.FT. 85.56' '
N 00018'29"E
66.03' W
1/2" IRON ROD SET-, Z
W
1/2" IRON ROD FOUND-' >
a
LOT 5, BLOCK 1
MESCO ADDITION Q
CAB.'A', SLIDE 3619
P.R.T.C.T.
TEXAS PETRO CORP III
SURVEYED ON THE GROUND
NOVEMBER 12. 2008
OSTI
MES L I
JAMES L BRITAIN 67s
REG6R7tED PROFESSONAL SUI
SNO. 1674STATEOF
SR
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Y
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STATE HIGHWAY No. 114
NORTHWEST PARKWAY E.)
PROPERTY CORNER NOTE
ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
WITH CAP MARKED "BRITTAIN & CRAWFORD"
CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, PHASE 1, S.H. 114 TO PATTERSON WAY
BxirrsIN & CMWFORD
LAND SURVEYING &
TOPOGRAPHIC MAPPING
I7) .j;-Mll — IE7110 (117) 4E" 1 It
FAX N.. (817) 920-7
P.O. ,m( 11]7.. ]Oe. SOUTH FNEEi.Y
POW WORTH, TEXAS 70110
OMIL- M.i1.MM+.M l.wn
KIMBALL4.ROW-1\
EXHIBIT "B"
PERMANENT RIGHT—OF—WAY
0.016 ACRE OF LAND
LOCATED IN
LOT 5, BLOCK 1
MESCO ADDITION
SOUTHLAKE, TARRANT COUNTY,
TEXAS SCALE 1"= 50'