2010-023OFFICIAL RECORD
RESOLUTION NO. 10-023
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 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, Stephen T. Hagar, (the
Hagar 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 0.386 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 ILAday of tVa , 2010
ATTEST:
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I -1J11 I"'ayiic., C1L 3cn.i Laiy
R,ea N
Mayor, Cityof South ke
Page 2
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EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT
NORTH KIMBALL AVENUE, PHASE I
PARCEL38
BEING 0.386 acre of land located in the S, Freeman Survey, Abstract No. 525.
8outhlake, Tarrant ofatract of land
conveyed to Stephen |. Hagar, uythe deed recorded in Volume 5885. Page 82 '
of the deed records of Tarrant County, Texao, Said 0,386 acne of land being
more particularly described bymetes and bounds aofollows:
BEGINNING at a "PK" nail found at the Southwest corner ofsaid Heger tract, ^
and lying inthe centerline of North Kimball Avenue.
THENCE NOO"4A'U4~ VV 37Q.17feet, along the West boundary line of ~
said Hagar tract and along the ntodineofsaid North Kimball Avenue to '
a''PK'nail found mtthe Northwest corner ofsaid Hagar tract;
THENCE N 88" 28' 54^ E 47.04 feet, along the North boundary line of '
said Hagar tnmot, to m Y2" iron rod marked "Brittain & Crawford" set in the
new East hght-mf-wayline ofsaid North Kimball Avenue;
THENCE the new East right-of-way line of said North Kimball Avenue
as follows;
1SDO"49'81^E O.57feet, toa1/2" iron rod marked "Brittain
Crawford" set at the beginning ofacurve to thedght;
2. Southwesterly 88.04feet, along said curve to the right, having
oradius cf1.447.00feet, gcentral angle ofD2°43'4B^E,and m
chord bearing QUO^32'23^VV 68.Q4feet tom1/2"iron rod marked
Brittain & Crawford" set atthe beginning cfmcurve tothe left;
1 Southwesterly 63.50 feet along said curve tothe left, having
o radius ofi.353.00feet, ocentral angle ufO2" 41'21".and o
chord bearing 8UU"33'87^VV 63.50 feet to I/Viron rod marked
Brittain QCrawford" sed|
4 QOO,47'04"E 24GD3feet, hua%7iron rod marked "Brittain
Crawford" set inthe South boundary line ofsaid Hagar tract;
THENCE S 88~11'32^VV 43.74 feet, along the South boundary Una of
said Hagar tract, to the POINT OF BEGINNING, containing 8.386 acre '
1S.83Osquare feet) of land, - '
POINT OF BEGINNING -
PK" NAIL FOUND
S 88°11'32"W
43.74'
z l OD W
VARGHESE CHAMATHIL AND WIFE,
Y W SARA CHAMATHILICCNo. 205265663, D.R.T.C,T.
0~C I AREA TABLEZ0.386 ACRE TOTAL
SURVEYED ON THE GROUND
16 830 SQ FT
NOVEMBER 12. 2008
C)
RMExsL
REPROFESSOIAL
CURVE DATA
CV -1, Am 02.4348", R=1,447.00'. L=68.941, LCaS 00032'23'W 65.94'
CV-, A= 02.41'21". R=1,353.001, L=63.50'. LC=S 009331371W 63.50'
I t
EMORY 0. NESTER AND WIFE. i MARLENE J. NESTER
9974, PG. 1169, D.R.T.C.T. IVOL.
I I
I { N 88028'54"E
N 47.04'
1/2" IRON ROD SET
PK" FOUND
1/2" IRON ROD SET — — —
f —
NAIL
24.32
t a 1
S 00°49'31 "E
0.57'
N1/2" IRON ROD SET
z o
M o 1 4---1/2" IRON ROD SEf TQ
I z Is----PRESCRIPTNE RIGHT—OF—WAY LINE
1 4- PERMANENT RIGHT—OF—WAY UNE
U
a m I d M STEPHEN T. HAGAR
to Z I 00 VOL. 5885, PG. 82
I°' I
1 4 D.R.T.C.T.
II°) w
jp g l
pN
p
t ZI
I
j X 1/2" IRON ROD SET
POINT OF BEGINNING -
PK" NAIL FOUND
S 88°11'32"W
43.74'
z l OD W
VARGHESE CHAMATHIL AND WIFE,
Y W SARA CHAMATHILICCNo. 205265663, D.R.T.C,T.
0~C I AREA TABLEZ0.386 ACRE TOTAL
SURVEYED ON THE GROUND
16 830 SQ FT
NOVEMBER 12. 2008
C)
RMExsL
REPROFESSOIAL
LAND
STATE
OFSURV
NO. 1674
0.212 IN PRESCRIPTIVE
RIGHT--OF—WAY
0.174 ACRE NET
7,594 SQ.FT.
PROPERTY CORNER NOTE
ALL PROPERTY CORNERS SET ARE 112" IRON RODS
WITH CAP MARKED "EIRITTAIN do CRAWFORD"
CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, PHASE I, S.H. 114 TO PATTERSON WAY
BUffAM as CUMFORD
LAND SURVEYING k
TOPOGRAPHIC MAPPING
f41TI mn ll - WTR0 (417)4t"IIZ
FAX W. (417) 424-4347
P.0. 40x 11174 - 304 a" IRELM'1
FAIT Wltll, Tt11At 74110
SIAL
aua'kLL\-AOWM\
EXHIBIT "B"
PERMANENT RIGHT-OF-WAY
0.386 ACRE OF LAND
LOCATED THE
S. FREEMAN SURVEY
ABSTRACT No. 525
SOUTHLAKE, TARRANT COUNTY.
TEXAS SCALE 1"— 100'