2010-022OFFICIAL RECORD
RESOLUTION NO. 10-022
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, NCI Group, Inc., (the
NCI 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 0.310 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.
m a ••
c,t •
ADOPTED this ]%day of , 2010
Mayor, Ci of Sout ake
ATTEST:
Page 2
EXHIBIT "A"
LEGAL DESCRIPTION —
PERMANENT RIGHT-OF-WAY
NORTH KIMBALL AVENUE, PHASE I
PARCEL4 '
BEING 0.310 acre of land located in the T. Mohan Sumey, Abstract No. 1040 .
Southlako Tarrant County, Texas, and being a portion of a tract of land`
conve ed to NCI GROUP, INC.. the deed recorded in Clerks File No.
1853Dofthe0eedReoo'nfToruan County,Texas,'idD310acreof
land being more particularly described bymetes and bounds osfollows: '
BEGINNING sdo"PW nail found otthe Northeast comer d[said NCI Group
tract, and lying inthe centerline of North Kimball Avenue. '
THENCE S 00* 49' 04" E 320.77 feet, along the East boundary line of
10
said NCI Group tract and along the m»nbeNne of said North Kimball r
Avenue to a "PK" nail found at the Southeast corner of said NCI Group
tract;
THENCE S89'10' 56" VV 44.Q8feet, along the new South boundary line .
of said NCI Group tract, to a 112." iron rod marked ^Briftain & Crawford" set
inthe new West hght-of-wmayline ofsaid North Kimball Avenue; —
THENCE along the new West h0 line ofsaid North Kimball Avenue
as follows;
1. Northeasterly 45.31 feet. along acurve hothe right, having '
eradius of1.442.UOfeed. acentral angle ofO1^48'O0"E. and
chord bearing N Ul^ OU' 17^ E 45.3Ofeet $m a 1/2" iron nod marked —^
Bhftoio&Crawford" set at the beginning ofacurve tuthe left; —'
2. Northwesterly G4.7Ofeet, along said curve hzthe left, having
oradius nf1.35G.0Ofeet, ocentral angle ofO2^43'48^. and chord
bearing of N OO" 32' 23^ E 84.70 feet to o >6^ iron rod marked
Brittain & Crawford" set;
3. NOO^49'31^VV 2O6.1Ofeet, boaWiron rod marked "Brittain _
Crawford" set inthe North boundary line ofsaid NCI Group tract; .
THENCE N 82046'28^G 42.25 feed, along the North boundary line of
said NCI Group tnart, to the POINT OF BEGINNING, containing 0.310
acre (18`5O4square feet) ofland.
v
LOT 1, BLOCK 1, MESCO ADDITION
CAB.W. SUDE 3232, P.R.T.C.T.
N 82*46'28"E
42.25' POINT OF BEGINNING
U)
P;NjR'
PK' NAIL FOUND
v
K" NAIL FOU
Z
9
0 z
C-4
NCI GROUP, INC.
CC No. D208018532U3 1 j re
D.R.T.C.T. T
N CK I
0
V_ Z EE Ii0
LAJz
n
crLua-
IL 0:
1/2"IRON ROD S I wLd0 C4
02043'48" Ia. 6
en
R= 1,358.00
L= 64-70'
LC=N 00`32'23"E i 0 1
64.70 1
0- 0
1/2- IRON ROD SET-\
1= 01"48'00' z
R= 1,442.00'
L= 45.31
x
LC=N 01*00'17"E
PK" NAIL FOUND45.30'
1/2- IRON ROD SET-
Z
09wS89* 10'5651wS
44.93' >Q:
AREA TABLE
JTE INVESTMENTS, LTD. 0.310 ACRE TOTAL
VOL. 15405, PG. 216, D.R.T.C,T. 13,504 SQ.FT.
SURVEYEDON THE GROUND 0.183 ACRE IN
NOVEMBER 12, 2008
OF PRESCRIPTIVE
RIGHT—OF—WAY
0.127 ACRE NET
JAMES, L. BRITTAIN. 5,520 SQ.FT.
e-% 1674
LES BRITTAIN L
PROPERTY CORNER NOTEREGISTEREDPROFESS!
LAND SURVEYOR ALL PROPERTY CORNERS SET ARE 112" IRON RODSSTATEOFTEXASNO.1674
WITH CAP MARKED "BRITTAIN & CRAWFORD"
CITY OF SOUTHLAKENJ1400MAINSTREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, PHASE 1, S.H. 114 TO PATTERSON WAY
EXHIBIT "B"
BRirrAm &CRAWFORD PERMANENT RIGHT—OF—WAY
W
LAND SURVEYING 1, 0.310 ACRE OF LAND
TOPOGRAPHIC MAPPING
W) 92"21 1 - b&TRO (OM 4211-5112
LOCATED THE
FAX H., (61-1) 9" -*347 T. MAHAN SURVEY
F.D. WX 11374 -310a SOUM FRUNAY
FOPrt WOM. TOW 7WID ABSTRACT No. 1049
SOUTHLAKE, TARRANT COUNTY,
KIMML\_R0W-4\ TEXAS SCALE 1 60'