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Foxborough Addition(Lot 1A, Block 2) - Permanent Utility Easement CITY Cr SOUTHLAKE OFFICIAL RECORD Public Works Administration February 4, 2009 Mr. Tom Making Foxborough HOA President 802 Cross Lane Southlake,Texas 76092 Re: Permanent Utility Easements for Public Use FM1709 Deceleration Lanes Dear Mr. Making, In accordance with the 1999 Traffic Management Bond Program approved by the voters, the City of Southlake and the Texas Department of Transportation (TxDOT) are preparing to construct right turn deceleration lanes at several locations along FM1709 (Southlake Blvd.). The City of Southlake is requesting two (2) Permanent Utility Easements for Public Use from Foxborough HOA, Inc.. to allow for the relocation of existing utilities and the construction of an 8' sidewalk along the length of the deceleration lane. The construction plans for this project are currently available for review in the Public Works Department located in Town Hall at 1400 Main Street, Suite 320. Any damage to private property that may occur due to construction shall be restored by the contractor to pre-construction condition or better, as stated in TxDOT's contract documents. Relocation of the water and/or sanitary sewer lines along FM1709 is scheduled to begin in the Spring of 2009 followed by the construction of the deceleration lanes by the TxDOT beginning in the Summer of 2009. On January 22, 2009, Gordon Mayer, City Engineer and I met with Cathy Vollmer, Vice President of the Foxborough HOA, and Cherie Graydon, Board Member of the Foxborough HOA to discuss the construction of the deceleration lanes. Per our discussion in the meeting, TxDOT will construct approximately 300 LF of 8' sidewalk along the length of the deceleration lane as shown on the attached exhibit. The City of Southlake will construct approximately 500 LF of 4' (minimum) sidewalk along Lot 1, Block 2, Common Area, connecting the sidewalk at FM1709 to the existing sidewalk on Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork Page 2 of 2 Lot 3, Block 2 on Gateshead Court, as well as approximately 200 LF of 4' (minimum) to the west along Lot 2, Block l of Gateshead Court, also shown on the exhibit. The City will also construct an 8' sidewalk along FM1709 to the east, connecting the sidewalk constructed with the deceleration lane to the existing sidewalk east of the Foxborough Subdivision. Construction of the sidewalks will begin after the construction of the deceleration lane at Foxborough Lane is completed by TxDOT. Additional access easements may be required when the location of the sidewalk is determined. Any necessary easement dedication documents, if deemed necessary, will be provided for signature at a later date and will need to be signed, notarized and returned to this office prior to the City beginning construction on any of the sidewalks. Additionally, 1 am enclosing with this letter, a copy of the Texas Landowner's Bill of Rights, prescribed by the Texas Legislature in Texas Government Code Section 402,0.31 and Chapter 21 of the Texas Property Code. We request that you respond within 10 days after receipt of this letter so that we can proceed with this vital transportation improvement project. If you are agreeable to the dedication of these easements, please sign and notarize the enclosed documents and return them to this office.. Please feel free to contact me at (817) 748-8100 if you have any questions or concerns or desire to meet to discuss this project further.. Thank you for your consideration. Sincerely, 0/ILLA- Cheryl Ta or, ..E. Civil Engineer Enclosures: Easement Dedication Forms Landowner Bill of Rights Foxborough Subdivision Sidewalk Alignment cc: File Gordon J. Mayer, Jr., P.E., City Engineer Foxbor gh HO , lnc. agrees with the provisions presented with this letter. Authorized Repres ative Date Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork CITY OF SOUTHLAKE PERMANENT PUBLIC UTILITY EASEMENT FOR PUBLIC USE THE STATE OF TEXAS § COUNTY OF TARRANT § That We, Foxborough LTD & Foxborough Office Building Partnership, GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating public utility facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows,to-wit: A 5 foot wide Permanent Public Utility Easement (P.U.E) for Public Use containing approximately 0.023 acres through Block 2, Lot IA of the Foxborough Addition, with property address of 100 Foxborough Ln., and as more particularly described and shown in Exhibit "A" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent Public Utility Easement for Public Use herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns,and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent Public Utility Easement for Public Use, rights and privileges granted therein are exclusive, and GRANTOR covenants that it Page I of 3 will not convey any other easement or conflicting rights within the area covered by the grant to any other person. IN WITNESS WHEREOF, this dedication instrument is executed this /A day of 9,,11^.+wi ,2009, BY:����---- J GRANTOR on behalf of Foxborough LTD&Foxborough Office Building Partnership /(signature) v.yt -, !it (p4hted name) ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME., the undersigned authority in and for Tarrant County, Texas, on this day personally appeared "Tom (Y1 cx\c.trl known to me or proved to me through attAtiVA'•� l (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this )2 day of 1r , 2009 NOTARY SEAL 210111. ! timiEr ` • %•� „ , , Notary 'ublic,State of exas STEPNAME hc�nl e Notary's Name(Printed) MyNov ,I 2012 Ha ZI '� 012, Notary's tommission Expires Page 2 of 3 CERTIFICATE OF ACCEPTANCE This o certify that the interest and real prop rty cconv'ee this de ic, }on instrum„lit the day of l liACI a 2009, from��v {{oo-air N• �b to the CITY OF SOUTHLAKE, has been duly accepted subject to all t rms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. z-1/'01 Dated SEAL Mayor,CITY OF SOUTHLAKE es °i P ATTES r %� City Secretary **-`K,,,0‘%' AFTER EXECUTION BY GRANTOR,PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Cheryl Taylor,P.E.or Cristina McMurray,CPM 1400 Main Street,Suite 320 Southlake,TX 76092 Phone: 817-748-8098 Fax: 817-748-8077 AFTER RECORDING,PLEASE RETURN ORIGINAL TO. CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street,Suite 270 Southlake,TX 76092 Phone:817-748-8016 Page 3 of 3 b2Dgo b p. 3/ 7 TSC Job No.P202060434 Page 1 of 3 May 22,2008 Revised August 4,2008 Exhibit A Parcel 5 P.U.E.—Public Utility Easement For Public Use Being a Public Utility Easement out of the W.W.Hall Survey,Abstract No. 695,Tarrant County, Texas, and being a portion of a tract of land described as Lot 1,Block 2,Foxborough Addition to Southlake — Foxborough, Ltd. and Foxborough Office Building Partnership, as recorded in Cabinet A, Slide 3999, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said easement being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "TranSystems" set, from which a 5/8 inch iron rod found at the beginning of a curve in the West line of said Lot 1 and the East right-of-way line of Foxborough Lane bears the following courses and distances, South 88 degrees 45 minutes 46 seconds West, a distance of 10.00 feet and North 01 degrees 13 minutes 49 seconds West,a distance of 53.35 feet; 1) Thence North 88 degrees 45 minutes 46 seconds East, along the North line of said easement, a distance of 201.17 feet to a 5/8 inch iron rod with plastic cap stamped "TranSystems"set; 2) Thence South 00 degrees 06 minutes 06 seconds West, along the East line of said easement,a distance of 5.00 feet; 3) Thence South 88 degrees 45 minutes 46 seconds West, along the South line of said easement,a distance of 201.06 feet; 4) Thence North 01 degrees 13 minutes 49 seconds West, along the West line of said easement, a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.023 acres(1,006 square feet)of land more or less. TSC Job No,P202060434 Page 2 of 3 May 22,2008 Revised August 4,2008 Note: Survey sketch to accompany this legal description. Note: Bearings are based on NAD 83 Datum, Texas State Plane Coordinate System, North Central Zone That I, David L. Dawson, a Registered Professional Land Surveyor in the State of Texas, hereby states that this survey was made from an actual on the ground survey made in April, 2008 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Tex: Board of Professional Land Surveying.. ' Z__ _ i �s...... b� e i Davie L.Dawson �Q• ede k, Registered Professional Land Surveyor 4.-tea�„-r.p1,,.,. Texas Registration No. 4672 DAVID t,_. OA1+YSON ' 4G72 Date: } -4- 0� )1 y�,^wd tt,/e ° suc - G:1FW 06104I4lSnrvcyNnreelOS doe 0 •%Inch Iron rod with plastic cap stomped `Tronsysiems Corporallorf IP or / • •Porker found'os noted' / \, �y�F 7 Gil / /gbs roC f N. Survey umber 695 / h / V� CURVE KV DELTA-34.02'13'(LT) R• 175,00 PER PLAT15'UTILITY EA5E. L• 103.95 Id UTILITYEASE-EASE. PER PLAT CB.S 59'29'14'E V 1 LC.102.44 zo CURVE K45 • DELTA 4r 19'10'(AT) sy SOUTHLAKE -FOXBOROUGH, LTD, b N R• 294.28 & FOXBOROUGH OFFICE in L• 243.04 I BUILDING PARTNERSHIP 3 C8•N 23'09'07'E `` LOT I, BLOCK 2 I 1 C.E38.19 FOXBOROUGH ADDITION CAB. A, SLIDE 3999 �yO I P.R.T..C.T. ;°tRF+ t 1 SOUTHLAKE -FOXBOROUGH, J LTD. & FOXBOROUGH OFFICE IO v' ( BUILDING PARTNERSHIP `l b.n; P.O.B. 0-023 ACRES LOT 2, BLOCK 2 t...tri PARCEL 5 R.00£ SO.FT.1 FOXBOROUGH ADDITION t N 1I3'49'W ry) s 0.06'O6"W 1CAB A, St 3999 c ! f 5..00' n f L P.R.T . N 88 45'46'E 201.17' S.Od i J �� O -."4----,'"" < ;3)1 5 8 .00' Y 7 17 S 88'45'46'W 201.06' C. ' F S 86 45'46'W 225.82' ��j) EXISTING R011 <1:11111A.. u ; Il VARIABLE WIDTH PERMANENT !d UTI+CITY EASE. N UTILITY EASEMENT PER PLAT INSTR.• 0203110861. D.R.T,.C,T. P . 355+00 _ Y _ _1 - —- - — J–– F— " —" —- — - -- -F N88'45'46'E 2.739..5-67 K� _ - 1709 EXISTING FM 1709`�� MScale Feet 0 25 t • 50 75 e NOTE:fopa1descrlplIon to ocsvn plot. to ri o Revised August 4, uSHEET TITLE 'PARCEL 5 i ° Tran Systems t 0„,-.-----..„ SOUTHLAKE -- FOXBOROUGH, LTD. & , --- °.A °,ae ' FOXBOROUGH OFFICE BUILDING PARTNERSHIP h aQs,;gay,t,pC� 1r !� `a /yQ {, PROJECT r ice-- --,ti„-r.,:tr--.. • P. U. E. ® P,nuspo°rmuon t DAVID �L DAWSON PUBLIC UTILITY EASEMENT _�._ s7' 0...° `...may vii 2006 ) -. ,p 46.72 pct°•,° FOR PUBLIC USE PROD NO:P2O2660434 'OP 0 efl ° SCALE 1 INCH c SO FEET 1�.94%0P Qo°9 A c DATE:542-200B "" �� cg DESIGNED BY:CGG , Page 3 of 3 i DRAWN BY:JAK CHECKED BY:OLD 6 CITY OF SOUTHLAKE PERMANENT PUBLIC UTILITY EASEMENT FOR PUBLIC USE THE STATE OF TEXAS § COUNTY OF TARRANT § That We, Foxborough LTD & Foxborough Office Building Partnership, GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating public utility facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows,to-wit: A variable width Permanent Public Utility Easement (P.U.E) for Public Use containing approximately 0.003 acres through Block 2,Lot 2 of the Foxborough Addition, with property address of 800 E. Southlake Blvd., and as more particularly described and shown in Exhibit"A" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns,' shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent Public Utility Easement for Public Use herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns,and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent Public Utility Easement for Public Use, rights and privileges granted therein are exclusive, and GRANTOR covenants that it Page 1 of 3 will not convey any other easement or conflicting rights within the area covered by the grant to any other person. IN WITNESS WHEREOF, this dedication instrument is executed this lo? day of ,2009. BY: P"---7*---;/," RANTOR on behalf of Foxborough LTD&Foxborough Office Building Partnership (signature) 411-4K4-14r inted name) ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared - pyvs tatCtrt G known to me or proved to me through 'Nae_, -� f� t ye,r C,d (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 1 Z.day of FEbruc►r, > 2009101. NOTARY SEAL8 ea cc ! t . .111 Notary 'ublic,State of T, as �r.�.�.-.. .: Ctrl i e, .PJre t � h :ilk ` STEPHANIE J.RREITBARTH Notary' Name(Printed) My Commis:Ion Esplros �{ Z i /) /1 1 2- May 21,2012 May {{ 0 Notary's ommissioh Expires Page 2 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the day of , 2009, from to the CITY OF SOUTHLAKE, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer Dated SEAL Mayor,CITY OF SOUTHLAKE ATTEST: City Secretary AFTER EXECUTION BY GRANTOR,PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Cheryl Taylor,P E. or Cristina McMurray,CPM 1400 Main Street,Suite 320 Southlake,TX 76092 Phone: 817-748-8098 Fax: 817-748-8077 AFTER RECORDING,PLEASE RETURN ORIGINAL TO: CITY OF SOUT!-ILAKE C/o City Secretary 1400 Main Street,Suite 270 Southlake,TX 76092 Phone: 817-748-8016 Page 3 of 3 TSC Job No.P202060434 Page 1 of 3 May 22,2008 Revised August 4,2008 Exhibit A Parcel 6 P.U.E.—Public Utility Easement For Public Use Being a Public Utility Easement out of the W.W.Ball Survey,Abstract No. 695,Tarrant County, Texas, and being a portion of a tract of land described as Lot 2,Block 2,Foxborough Addition to Southlake — Foxborough, Ltd. and Foxborough Office Building Partnership, as recorded in Cabinet A, Slide 3999, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said easement being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the common West line of said Lot 2 and the East line of Lot 1, Block 2, Foxborough Addition with the North line of an existing 10 foot utility easement, from which a 5/8 inch iron rod found for the Southwest corner of said Lot 1 bears the following courses and distances, South 00 degrees 06 minutes 06 seconds West, a distance of 10.00 feet and South 88 degrees 45 minutes 46 seconds West, a distance of 225,82 feet; 1) Thence North 00 degrees 06 minutes 06 seconds East,along said common line, a distance of 5.00 feet to a 5/8 inch iron rod with plastic cap stamped"TranSystems"set; 2) Thence North 88 degrees 45 minutes 46 seconds East, along the North line of said easement, a distance of 19.80 feet to a 5/8 inch iron rod with plastic cap stamped "TranS ystems"set; 3) Thence South 66 degrees 30 minutes 15 seconds East, continuing along the North line of said easement, a distance of 11.95 feet to a 5/8 inch iron rod with plastic cap stamped "TranSystems"set; 4) Thence South 88 degrees 45 minutes 46 seconds West, along the South line of said easement, a distance of 30.77 feet to the POINT OF BEGINNING and containing 0.003 acres (126 square feet)of land more or less, GA W04\0474%urveyWeicc106,dac TSC Job No. P202060434 Page 2 of 3 May 22,2008 Revised August 4,2008 Note: Survey sketch to accompany this legal description. Note: Bearings are based on NAD 83 Datum, Texas State Plane Coordinate System, North Central Zone That I, David L. Dawson, a Registered Professional Land Surveyor in the State of Texas, hereby states that this survey was made from an actual on the ground survey made in April, 2008 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Texas Board of Professional Land Surveying. Davi L.Dawson _ Registered Professional Land Surveyor ` Texas Registration No. 46724672 5, �;o_ • Date• ee r 4 -0.6 5rt7"4 G:1FW O G10434\Su rvcy1ParceI OG.dos *'IRF / N.N, 0 -%Inch Iran rad with plastic cap stamped ***5.N 'Transysiems Corporation' re •cc Marker round'as noted / 5r9r ` / Abstract N `Surrey Nu 695 10'UTILITY EASE. PER PLAT SOUTHLAKE -FOXBOROUGH, LTD. & FOXBOROUGH OFFICE BUILDING PARTNERSHIP LOT I, BLOCK 2 FOXBOROUGH ADDITION CAB. A, SLIDE 3999 ""— N 89'45'26'E 658.96 P R.T.C T. LAI SOUTHLAKE -FOXBOROUGH, LTD. 0 & FOXBOROUGH OFFICE to BUILDING PARTNERSHIP ovi LOT 2, BLOCK 2 b"' 0,D03 ACRES FOXBOROUGH ADDITION N 88'45'46.1.E.--.„ ,r-r•-r i2g S0,}T,I CAB. A, SLIDE. .3999 10'UTILITY EASE. N Cr 05'OF E !9'8O PER PLAT 5.00 +�� 5 6 �5' s.....,x-,.r! ,,_.s�v, •'= t' j -"\-.. ,,. B8'45'46'W_650 6u,✓-A� �y 5. 55t 5-88 45'46'W ID UTILITY EASES.J FISTING RL7N a 1,1 F ---S---- S 88.45 46'W P.O.B. 7 30.7' PER PLAT 225.82' CT PARCEL S06'05W -S 88'4:—.88'431:1 5'46'W p a Nt q. 355+00FM 1709_ _ _ --- -- - N 88 45'46' 2. E 7.39,06' EXISTING FM 1709-// w Scale ti Feet 0 25 50 75 EXISTING ROW NOTErLegotdescription to°ccampory plot. a Ravlscd August 4. 2008 0 oII ` SHEET TITLE PARCEL L s Tran sV �iCCE r, . )°, 4�-,, r". ,� SOUTHLAKE — FOXBOROUGH, LTD. & :14:. Ir f-;,, "``alts_ +.'''? FOXBOROUGH OFFICE BUILDING PARTNERSHIP moo,, 4 /rte,-<-o:-=r"•n-:^SON-A , PRaj ECT r 4 RAVII7 L. DA".'�. P. U. E. ' Deportment' ' 4,`' R IT yl�t.� PUBLIC UTILITY EASEMENT t. of 7TanaPDrtauon `(\1) 4672 `�'o rN." 9e D . A r©PRDJND:P2D2oeo434aa �� DOa�C�ff4'i „�.°°•Z ( FOR PUBL. IC USE �'0 nDeoo (. ,.2. j SCALE:1 INCH a 8D FEET t t `�'tJ �i DATE:5.22.2008 jp.s R DESIGNED BY:COG Page 3 of 3 ;, DRAWN EY:JAK CHECKED BY:OLD Cr, ATTORNEY GENERAL OF TEXAS GREG ABBOTT TEXAS LANDOWNER'S BILL OF RIGHTS This Bill of Rights applies to any attempt by the government or a private entity to take your property.The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code. 1. You are entitled to receive adequate compensation if your property is taken for a public use. 2. Your property can only be taken for a public use. 3, Your property can only be taken by a governmental entity or private entity authorized by law to do so. 4. The entity that wants to take your property must notify you about its interest in taking your property. 5. The entity proposing to take your property must provide you with an assessment of the adequate compensation for your property. 6, The entity proposing to take your property must make a good faith offer to buy the property before it files a lawsuit to condemn the property. 7. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding. 8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation. 9. Before your property is condemned,you are entitled to a hearing before a court-appointed panel that includes three special commissioners. This specialized hearing panel must determine the amount of compensation the condemning entity owes for the taking of your property. The commissioners must also determine what compensation, if any,you are entitled to receive for any reduction in value of your remaining property. 10..If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper,you have the right to a trial by a judge or jury. If you are dissatisfied with the trial court's judgment,you may appeal that decision. CONDEMNATION PROCEDURE Eminent Domain is the ability of certain entities to take private property for a public use. Private property can include land and certain improvements that are on that property. Private property may only be taken by a governmental entity or private entity authorized by law to do so. Your property may be taken only for a public use. Eminent domain cannot be used to take your property for economic development purposes,except for limited exceptions provided by law. Your property cannot be taken without adequate compensation..Adequate compensation includes the market value of the property being taken. It may also include certain damages, if any,to your remaining property caused by the acquisition itself or by the way the condemning entity will use the property. rosT OFFICE BOX 12548, AUSTIN, IEXAS 78711.2548 TEt.;(512) 463-2100 WEB: WWW TEXASATTORNEYGENERAL Coy rIft Equal Ernployrnent Opportunity Employer printed on Recycled paper How the Taking Process Begins The taking of private property by eminent domain must follow certain procedures. First,the entity that wants to condemn your property must notify you about its interest in acquiring your property. Second,before a condemning entity begins negotiating with you to acquire your property,it must send this Landowner's Bill of Rights statement to the last known address of the person in whose name the property is listed on the most recent tax roll. Third,the condemning entity must make a good faith offer to purchase the property, The condemning entity's offer must be based on an investigation and an assessment of adequate compensation for the property. At the time the offer is made,the governmental condemning entity must disclose any appraisal reports it used to determine the value of its offer to acquire the property,You have the right to either accept or reject the offer made by the condemning entity. Condemnation Proceedings If you and the condemning entity do not agree on the value of the property being taken,the entity may begin condemnation proceedings.Condemnation is the legal process for the taking of private property. It begins with a condemning entity filing a claim for your property in court. If you live in a county where part of the property being condemned is located,the claim must be filed in that county. Otherwise,the claim can be filed in any county where at least part of the property being condemned is located. The claim must describe the property being condemned,the intended public use,the name of the landowner, a statement that the landowner and the condemning entity were unable to agree on the value of the property,and that the condemning entity provided the landowner with the Landowner's Bill of Rights statement. Special Commissioners'Hearing After the condemning entity files a claim in court,the judge will appoint three landowners to serve as special commissioners, These special commissioners must live in the county where the condemnation proceeding is filed,and they must take an oath to assess the amount of adequate compensation fairly, impartially, and according to the law.. The special commissioners are not authorized to decide whether the condemnation is necessary or if the public use is proper.After being appointed,the special commissioners must schedule a hearing at the earliest practical time and place and provide you written notice of that hearing. You are required to disclose to the governmental condemning entity,at least ten days before the special commissioners'hearing, any appraisal reports used to determine your opinion about adequate compensation for the property.You may hire an appraiser or real estate professional to help your determine the value of your private property.You may also hire an attorney regarding these proceedings. At the hearing,the special commissioners will consider evidence on the value of the property, the damages to remaining property,any value added to the remaining property as a result of the project, and the uses to be made of the property being taken, Special Commissioners'Award After hearing evidence from all interested parties,the special commissioners will determine the amount of money to be awarded as adequate compensation..You may be responsible for the costs if the Award is less than or equal to the amount the condemning entity offered before the condemnation proceeding began. Otherwise, the condemning entity will be responsible for the costs. The special commissioners will give a written decision to the court that appointed them, That decision is called the"Award." The Award must be filed with the court and the court must send written notice of the Award to all parties. January 31,2008 page 2 After the Award is filed,the condemning entity may take possession of the property being condemned,even if either party appeals the Award of the special commissioners. To take possession of the property, the condemning entity must either pay you the amount of the Award or deposit the amount of the Award into the registry of the court.You have the right to withdraw the deposited funds from the registry of the court, Objection to the Special Commissioners'Award If either you or the condemning entity is dissatisfied with the amount of the Award, either party can object to the Award by filing a written statement of objection with the court..If neither party timely objects to the Award, the court will adopt the Award as the final judgment of the court. If a party timely objects to the special commissioners'Award,the court will hear the case in the same manner as other civil cases. If you object to the Award and ask the court to hear the matter,you have the right to a trial by judge or jury.The allocation of costs is handled in the same manner as with the special commissioners' Award. After that trial, either party may appeal any judgment entered by the court, Dismissal of the Condemnation Action A condemning entity may file a motion to dismiss the condemnation proceeding if it decides it no longer needs your property.If the court grants the motion to dismiss,the case is over and you are entitled to recover reasonable and necessary fees for attorneys,appraisers,photographers, and for other expenses incurred to the date of the hearing on the motion to dismiss. You may also file a motion to dismiss the condemnation proceeding on the ground that the condemning entity did not have the right to condemn the property, including a challenge as to whether the property is being taken for a public use. Tithe court grants your motion,the court may award you reasonable and necessary fees for attorneys, appraisers,photographers,and for other expenses incurred to the date of the hearing or judgment. Relocation Costs If you are displaced from a residence or place of business,you may be entitled to reimbursement for reasonable expenses incurred while moving personal property from the residence or relocating the business to a new site. You are not entitled to these relocation costs if they are recoverable under another law. If you are entitled to these costs,they cannot exceed the market value of the property being moved and can only be reimbursed for moving distances within 50 miles. Reclamation Options If private property was condemned by a governmental entity, and the purpose for which the property was acquired is canceled before the 10th anniversary of the date of the acquisition,you may have the right to seek to repurchase the property for the fair market value of the property at the time the public use was canceled. This provision does not apply to property acquired by a county, a municipality,or the Texas Department of Transportation.. Disclaimer The information in this statement is intended to be a summary of the applicable portions of Texas state law as required by FIB 1495,enacted by the 80th Texas Legislature,Regular Session. This statement is not legal advice and is not a substitute for legal counsel. Additional Resources Further information regarding the procedures,timelines and requirements outlined in this document can be found in Chapter 21 of the Texas Property Code. January 31,2008 page 3 Foxborough Subdivision Sidewalk Alignment .j r . , : 0 i ' • , ,1:1 I • .est { . ,.. r y / #0 I . : jig! , „ II w 11 4: T� W • .f , es • ;a...r • f 6. f ! AC • ' f k "a Ike { „to r .... i a lir 01 � "II%/ / .V -.NI 1 , � �.c - Gateshead 411 °k° ,„ r . 7 R �� ads •• f; t :Sr 1 S L.,44 i !,. It w b r _9 3 "4 1 i wimigiimimi R. 1 c — — W+E Sidewalk to be constructed by Public Works at the completion of the deceleration lane construction S February 2009 4111Sidewalk to be constructed with the deceleration lane construction OFFICIAL RECORD CITY OF SOUTHLAKE PERMANENT PUBLIC UTILITY EASEMENT FOR PUBLIC USE THE STATE OF TEXAS § COUNTY OF TARRANT § That We, Foxborough LTD & Foxborough Office Building Partnership, GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating public utility facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to-wit: A 5 foot wide Permanent Public Utility Easement (P.U.E) for Public Use containing approximately 0.023 acres through Block 2, Lot 1A of the Foxborough Addition, with property address of 100 Foxborough Ln., and as more particularly described and shown in Exhibit "A" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent Public Utility Easement for Public Use herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent Public Utility Easement for Public Use, rights and privileges granted therein are exclusive, and GRANTOR covenants that it Pagel of 3 X20 IN 109 p. 7 will not convey any other easement or conflicting rights within the area covered by the grant to any other person. IN WITNESS WHEREOF, this dedication instrument is executed this ~a1 day of w +w , 2009. BY: GRANTOR on behalf of Foxborough LTD & Foxborough Office Building Partnership (signature) v.?-r 4K !it- (p ted name) ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared -Torn M q}L,n a known to me or proved to me through %dthV%VM C.&14 %~~(description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of r 2009. NOTARY SEAL N 016 Y) I 1) 2A Notaryblic, State of exas 7-- ~Nr Notary' Name (Printed) r~~ Q 21 ~ ~ 2 Notary's ommission Expires Page 2 of 3 -b2DR6y70q p. 2VD 7 CERTIFICATE OF ACCEPTANCE This i to certify that the interest and real gropprty ~cunv e b this de is ion instrum nt the t~'oo Ilooo~r a+ ,x 6or 1 ' day of 17(i~-wt 2009, from to the CITY OF SOUTHLAKE, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. z -I 'I -d 1 Dated SEAL Mayor, CITY OF SOUTHLAKE `®1`111111111" k4 1-q' ~0 °°eeeo.~••° ATTES. ® e m ~ ° i U . City Secretary r v. • ~r * ,1111.`. AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Cheryl Taylor, P.E. or Cristina McMurray, CPM 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-8077 AFTER RECORDING, PLEASE RETURN ORIGINAL TO- CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 Page 3 of 3 b20900bO 3v~7 TSC Job No. P202060434 Page 1 of 3 May 22, 2008 Revised August 4, 2008 Exhibit A Parcel 5 P.U.E. -Public Utility Easement For Public Use Being a Public Utility Easement out of the W:W. Hall Survey, Abstract No. 695, Tarrant County, Texas, and being a portion of a tract of land described as Lot 1, Block 2, Foxborough Addition to Southlake - Foxborough, Ltd. and Foxborough Office Building Partnership, as recorded in Cabinet A, Slide 3999, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said easement being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "TranSystems" set, from which a 5/8 inch iron rod found at the beginning of a curve in the West line of said Lot 1 and the East right-of-way line of Foxborough Lane bears the following courses and distances, South 88 degrees 45 minutes 46 seconds West, a distance of 10.00 feet and North 01 degrees 13 minutes 49 seconds West, a distance of 53.35 feet; 1) Thence North 88 degrees 45 minutes 46 seconds East, along the North line of said easement, a distance of 201.17 feet to a 5/8 inch iron rod with plastic cap stamped "TranSystems" set; 2) Thence South 00 degrees 06 minutes 06 seconds West, along the East line of said easement, a distance of 5.00 feet; 3) Thence South 88 degrees 45 minutes 46 seconds West, along the South line of said easement, a distance of 201.06 feet; 4) Thence North 01 degrees 13 minutes 49 seconds West, along the West line of said easement, a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.023 acres (1,006 square feet) of land more or less. ~100u7001 P. 7 TSC Job No. P202060434 Page 2 of 3 May 22, 2008 Revised August 4, 2008 Note: Survey sketch to accompany this legal description. Note: Bearings are based on NAD 83 Datum, Texas State Plane Coordinate System, North Central Zone That I, David L. Dawson, a Registered Professional Land Surveyor in the State of Texas, hereby states that this survey was made from an actual on the ground survey made in April, 2008 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Tex Board of Professional Land Surveying. ® F Davi L. Dawson ~P~~ Registered Professional Land Surveyor Texas Registration No. 4672 DAVID t_, DA-V%WN Date: =4 - e 4672 SUB G:\FWD6\0434\Survey\Parce1D5.doc ~2090411~(~ 5 ~ ~ Q • %Inch Fran rad with plastic cap stamped 'Tronsystems Corporatlon' jb'lRF • Yorker round 'as noted' C'p gbsfro~ f lycll SUrvi ey / Nvi~ber 69 5 V/ I CURVE K41 DELTA- 34' 02' 13'(LT) / R- 175.00 1 10' UTILITY EASE. l5' UTILITY EASE. L. 103.96 iii"' PER PLAT PER PLAT I CB- S 5929'14* E ' LC-102.44 3 CURVE K45 I ° DELTA- 4T 19'10' fRTJ SOUTHLAKE - FOXBOROUGH, LTD. ° R- 294.28 & FOXBOROUGH OFFICE N L• 243.04 BUILDING PARTNERSHIP LOT 1, BLOCK 2 CB- N 23' 09'07'E FOXBOROUGH ADDITION I LC- 23639 O I CAB. A, SLIDE 3999 %•rRF P. R. T. C. T. ( SOUTHLAKE -FOXBOROUGH, 3 I 5 LTD. Q %!tn & FOXBOROUGH OFFICE p'i 0.023 ACRES BUILDING PARTNERSHIP P.O.B. LOT 2. BLOCK 2 (1.006 SO.FT.) - PARCEL 5 ~ FOXBORO UGH ADl?CZ(ON ~ A. SLI L N f ' 49W S 0 06' 06W PR. T.D T 399$5.N 88 4546' E 201.11' 5.0045' 46' S 88 546W W 201.06' Q L. (Lp~ 10.00 EXISTING ROW S 8g 45' 46' W 225.82' J ~ J VARIABLE WIDTH PERMANENT P UTILITY EASE. UTILITY EASEMENT PER PLAT u Q 1NSTR.` 0203110861, D. R. T. C. T. n 355+00 ----I---- --1---- FM 1709 N ea 45' 46' E 2.739.06' ~ EXISTING FM 1709 Scale Feet 0 25 50 75 rn NOTE: Legal description to accompany plot. D Revised August 4, 2008 n SHEET TITLE PAR CS FOXBOROUGHAOFFICEOBUILLDING9 PARTNERSHIP v PROJECT Tmi~ DAVID i ~~;~vS~N PUBLIC UTILITY EASEMENT :3 Af A a:ar cxa'sar_~ m zoos 46:72 FOR PUBLIC USE n PROJ NO: P202060434 o~ p Ip °cc SCALE:1 INCH = 50 FEET 6jp roe. moo DATE: 5.22-2008° DESIGNED BY. CGG DRAWN BrJAK Page 3 of 3 CHECKED BY. DLD o~ Z, CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST, STE 270 SOUTHLAKE TX 76092 Submitter: CITY OF SOUTHLAKE SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration 02/20/2009 03:43 PM Instrument D209047609 7 PGS $36.00 sy: D209047609 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: DS