J.L. Chivers Survey, Abstract No. 348 (Lot 2A) - ROW
OFFICIAL RECORD
CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
For and in consideration of the sum of eight thousand nine hundred sixty five dollars ($8,965.00) in hand
paid by the City of Southlake, Texas, the receipt of which is hereby acknowledged, and other good and
valuable consideration, including the benefits that will accrue to my property, I (we), MARTHA
DURHAM ('GRANTOR'(S)), of TARRANT County, Texas, as the owner of that certain tract of land in
TARRANT County, Texas depicted by metes and bounds description in Exhibit "A", attached hereto and
incorporated herein for all purposes of this dedication, and as more particularly described by drawing as
set forth in the "Drawing of Exhibit A", attached hereto and incorporated herein for all purposes of this
dedication, do hereby dedicate same to the City of Southlake, Tarrant County, Texas for the use and
benefit of the public as a perpetual right-of-way and easement for the passage and accommodation of
vehicular and pedestrian traffic, and the construction, operation, use, maintenance, inspection, repair,
alteration, and replacement of a paved road within the boundaries of the right-of-way and easement area,
and for all other purposes for which a public street and right-of-way is commonly used, including
installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over,
across, and under said right-of-way, and including but not limited to all such uses permitted by the Laws
of the State of Texas and the Ordinances and Charter of the City of Southlake, Texas.
TO HAVE AND TO HOLD said right-of-way and easement unto the City of Southlake, its successors
and assigns, and GRANTOR(S) hereby bind(s) itself (themselves), its (their) successors and assigns to
warrant and forever defend, all and singular, said premises unto the City of Southlake, its successor: and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
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 the City of Southlake shall have the right to excavate and fill upon 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 right of way and easement herein granted to the City of
Southlake 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 right-of--way and
easement rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not
convey any other easement or conflicting rights within the area covered by the grant to any other person.
D2091#94t'19 p/~ 12
Pagel of 3
IN WITNESS WHEREOF, this dedication instrument is executed this _IZ_ day of
20_.
BY:
GRANTOR
BY.
GRANTOR
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF ~Ct Y Y0.Yl f"
BEFORE ME, the undersigned authority in and for T1 O-YTO-y-t-1 County, Texas, on this day personally
appeared MCU t V1 Q OU f 1-O- W\- known to me or proved to me through
(In vas kense. (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 ~i l Y1Q
20 QC1 .
NOTARY SEAL
Notary Public, State o Texas
C~,tr t c e ~laffi V,
J+~,NY~►II~i
+a• ~.,ti4 CARRIE COFFIN Notary's Name (Printed)
Notary Public, State of Texas
My Commission Expires
September 23, 2009 ~2p~~YY~Y~ei~ 23 2na°1
Notary's Commission Expires
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Page 2 of 3
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication instrument the '7 `day
of 20(, from l G~ ~ltir►~Gvt'y~ to the CITY
OF SOUTHL KE, 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.
JUJ LJ 200
SEAL Mayor, CITY IOFSOCHLAKE
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® City Secretary
AFTER EXECUTION BY GRANTOR,
PLEASE RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
C/o City Engineer
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
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EXHIBIT "A"
EXHIBIT "B"
1,648 SQUARE FOOT
RIGHT-OF-WAY DEDICATION
BEING a portion of a 1,000 acre tract of land out of the 1. L, Chivers Survey, Abstract
Number 348, conveyed by deed to Martha Durham in Volume 4195, Page 161, Deed
Records, Tarrant County, Texas, (DRTCT), and being more particularly described by
metes and bounds as follows:
BEGINNING at a 5(8" iron rod found in the east line of said Durham tract, said point
being the southwest corner of Lot 3, Block AR, Huntwick Estates Addition, recorded by
plat in Volume 388-182, Page 75, Plat Records, Tarrant County, Texas;
THENCE South 00 degrees 09 minutes 04 seconds East, along said east line, a distance
of 16.62 feet to a point in the existing north right-of-way of Bast Dove Road for
dedication corner,
THENCE South 89 degrees 50 minutes 56 seconds West, along said existing north
right-of-way, a distance of 100.00 feet to a point for dedication comer at the southeast
comer of a tract of land deeded to 1. I. Gilliland in Volume 4495, Page 839, DRTCT;
THENCE North 00 degrees 05 minutes 39 seconds West, along the east line of said
Gilliland tract, a distance of 16.34 feet to a set 518" iron rod for dedication comer;
THENCE North 89 degrees 41 minutes 25 seconds East a distance of 99.98 feet to the
POINT OF BEGINNING and containing 0.037 acres or 1,648 square feet of land more
or less.
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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.
January 31, 2008 Page i
~Z091 PM1 P. 1l2
EXHIBIT "C"
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.
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
January 31, 2008 Page2.
~ ZD91 ~l ~l~l~ p. ~~lZ
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' Hearin
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 Page3.
p q0 /Z
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. If the 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.
January 31, 2008 Page4.
~Zo9~9I~ ID~ 12
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 govemmental 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 BB 1495, enacted by the 80`h 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 Pages,
~,Zoq ►5~~~1~ p. III !Z
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CITY OF SOUTHLAKE
1400 MAIN ST #310
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.
ed . ation: 07/1 /2009 12:56 PM
Instrument D20 89448
PR 12 PGS $56.00
By:
D209189448
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: CA