James L. Chivers, Abstract No. 348 (Lot 1) - ROW
OFFICIAL RE
CORD
CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
For and in consideration of the sum of one thousand five hundred dollars ($1500.00) 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), SHRIPAL DAVE &
TIAOHUA LIN ('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 casement 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 fiuther 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 casement or conflicting rights within the area covered by the grant to any other person.
0 12 3IV7 p. I o~12
~1092.
Pagel of 3
INAWITN SS WHEREOF, this dedication instrument is executed this day of
ttq_m '20 C)9
BY:
c~ RANT R
BY:
GRANTOR
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF A
BEFORE ME, the undersigned authority in and for County, Texas, on this day personally
appeared _T2Ao v4 Z ~l 15NYpAi1 P/1 LIE known to me or proved to me through
I- (description of identity card or other document) to be the same
7T:sC,45 12g,
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 Alz&o
20t)Dt.
NOTARYSEAL
otary ublic. State of Texas
oooooexx.
LORENZ BALANOUIT f~L I-A10111T
Notary Public Notary's Name (Printed)
STATE OF TEXAS
My Comm. Exp. 08-24.11 oat 12'a 12 01
Notary's Commission Expires
1~2(23IR1 p . 2 12
Page 2 of 3
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication instrument the Zs'-"day
of u (,l , 20 l . from Dave aKS-J-,," kua Li 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.
u4rt
SEAL Mayor, CIT SOU KE
Y® q~
10
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0 i
d a ATTE T:
Cf)
Paep~
S~• •
® a°
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: 8 17-748-8016
120923yL't"1'7 P. 3 VD 12
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EXHIBIT "A"
EXHIBIT `B"
226 SQUARE FOOT
RIGIMOF WAY DEDICATION
BEING a portion of Lot 1, James L. Chivers #348 Addition, recorded in Cabinet A, Slide
5434, Plat Records, Tarrant County, Texas, (PRTCT), conveyed by deed to Shripal Dave
and Tiaohua Lin under Instrument Number D206264634, Deed Records, Tarrant County,
Texas (DRTCT), and being more particularly described by metes and bounds as follows:
COMIIIENCING at a 5/8" iron rod found at the southwest corner of Lot 3, Block AR,
Huntwick Estates Addition, recorded by plat in Volume 388-182, Page 75, PRTCT;
THENCE South 89 degrees 41 minutes 25 seconds West a distance of 438.53 feet to a
set 5/8" iron rod in the east line of said Lot 1 for the POINT OF BEGINNING;
THENCE South 00 degrees 00 minutes 34 seconds East, along said east line, a distance
of 14.87 feet to a point in the existing north right-of-way of East Dove Road for
dedication comer;
THENCE South 88 degrees 08 minutes 00 seconds West, along the south line of said
Lot 1, a distance of 15.01 feet to a point for dedication comer at the southeast corner of a
tract of land conveyed by deed to John Koldus 1V in Volume 11962, Page 662, Deed
Records, Tarrant County, Texas;
THENCE North 00 degrees 03 minutes 17 seconds West, along the east line of said
Koldus tract, a distance of 15.28 feet to a set 5/8". iron rod for dedication comer;
THENCE'- North 89 degrees 41 minutes 25 seconds East a distance of 15.00 feet to the
POINT OF BEGINNING and containing 0.005 acres or 226 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 fora 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 1.
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.
Sow the Takinz Process Bezins
The taking of private property by eminent domain must follow certain procedures. First,
the entity that wants to condemn your pioperty 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 Paget.
12DT3~ua1 P. ~ 12
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' HearinP
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_
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
parry timely obi ects to the Award, the court will adopt the Award as the final judgment of the
court. If a parry 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 PagO.
p.10 ~ 1Z
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 I Oh 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 Page 5.
~20`i23~y9~ p. it I2
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CITY OF SOUTHLAKE'.,
1400 MAIN ST #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. 09/ 1/2009 11:33 AM
Instrument D2 234497 77 OPR 12 PGS $66.00
By:
D209234497
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: CN