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Item 4FCITY OF SOUTHLAKE MEMORANDUM (March 1, 2011) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Resolution No. 11 -012, Authorize the city attorney to bring condemnation action for the purpose of obtaining street right - of -way and easements for construction and maintenance of North Kimball Avenue located in the Francis Throop Survey, Abstract 1511 at 1200 North Kimball Avenue. Action Requested: Resolution No. 11 -012, Authorize the city attorney to bring condemnation action for the purpose of obtaining street right -of- way and easements for construction and maintenance of North Kimball Avenue located in the Francis Throop Survey, Abstract 1511 at 1200 North Kimball Avenue. Background Information: The City is currently acquiring right of way and necessary easements for the construction of the North Kimball Avenue improvement project. The property located at 1200 North Kimball Avenue is owned by Jeff Massey, (the "Massey Property "). City staff received an appraisal for the property at 1200 North Kimball Avenue dated April 15, 2010 for $166,947. This appraisal was not used to prepare an offer to purchase the property because of changes to the scope of the project that required an additional utility easement to be included. On August 4, 2010, city staff met with the property owner to discuss his concerns regarding the construction project and modifications to the project to accommodate access issues. The additional easement and the design modifications were provided to the appraiser to revise the appraisal. The revised appraisal was received on September 29, 2010. The revised appraisal valued the property at $186,961.00 for right of way, a utility, drainage and wall easement and a temporary construction easement. The offer to the property owner was made for the right of way, utility, drainage and wall easement, and a 10' wide temporary construction easement based upon the appraisal. The right of way and easement areas are necessary to accommodate additional travel lanes, relocated city utilities, and pedestrian sidewalks that are included in the widening project. The construction contract will include reconstruction of the existing driveway and repair of the parking area within the easements. Aaaraised Value of the Proaert Right of way (3,760 sf @ $6.00 /S.F.) $22,560.00 Right of way (10,940 sf @ $7.00 /S. F.) 76, 580.00 Prescriptive right of way (20,843 sf) 10.00 Utility & drainage esmnt. (1,540sf @75 %* $6.00 /S.F.) 6,390.00 Utility & drainage esmnt. (2,081 sf @75 %* $7.00 /S. F.) 17,273.00 Temp. const. esmnt. (5,552sf @$6.00 /S.F. *10 % /yr.) 3,331.00 Temp. const. esmnt. (7,046sf @$7.00 /S.F. *10 % /yr.) 4,932.00 Improvements 15,787.00 Cost to cure 39,558.00 Net Value $186,961.00 The value of the improvements on the land being taken is as follows: Improvements* Concrete Paving $2,336.00 Asphalt Paving 3,536.00 Monument Sign 787.00 Large Pecan Tree 3,500.00 8'x8' Planters 384.00 Shrubs, Trees & Ground Cover 1,500.00 Elevated Planter & Trees 1,500.00 Septic Tank 1,100.00 Sprinkler System 644.00 Landscaping 500.00 Total $15,787.00 *value of improvement, less depreciation The costs to cure the damages (replacement costs) to the property are as follows: Cost to Cure ** New parking, driveway, bumpers & striping $27,550.00 Convert septic to sewer 6,500.00 Sidewalk from new parking area to front of building 1,605.00 Sprinkler System 346.00 8'x8' Planters 384.00 Monument Sign 338.00 Wood Fencing 2,835.00 Total $39,558.00 * *cost minus value of item acquired On December 16, 2010, staff provided Mr. Massey a copy of the revised appraisal and an offer letter to purchase the right of way and easements at a price based on the revised appraised value for the property. Mr. Massey expressed his concerns with the value, and agreed to meet again after the first of the year to continue negotiations. On January 25, 2011, staff met with Mr. Massey to address the concerns that he mentioned in the December 16, 2010 meeting and to continue negotiations. Mr. Massey understands the need to move forward with the project and property acquisition. Mr. Massey informed staff that he planned to obtain an independent appraisal of the property, and a meeting date was set for February 15, 2011 to review said appraisal. The meeting was cancelled and Mr. Massey's appraisal has not yet been completed and provided to City staff. City staff will continue negotiations with the property owner, but are requesting approval of Resolution 11 -012 to continue the process in a timely manner. The City Attorney will work with staff and is prepared to proceed with condemnation proceedings if an agreement cannot be reached. Financial Considerations: Funding for the right of way and easement purchase is available in the FY 2011 capital improvement program budget. Strategic Link: The North Kimball Avenue Improvement project links to the city's strategy map relative to the focus areas of Mobility, Infrastructure, and Performance Management and Service Delivery. The specific corporate objectives that are met by this construction project include: Providing travel convenience within city and region; Providing high quality customer service; and Investing to provide and maintain high quality public assets. Citizen Input/ Board Review: N/A Legal Review: The standard right of way and easement documents have been reviewed by the City Attorney's office. Alternatives: The City Council may approve or deny Resolution 11 -012. Supporting Documents: Location Map Resolution 11 -012 Right of way and easement exhibits Staff Recommendation: Resolution No. 11 -012, Authorize the city attorney to bring condemnation action for the purpose of obtaining street right -of- way and easements for construction and maintenance of North Kimball Avenue located in the Francis Throop Survey, Abstract 1511 at 1200 North Kimball Avenue. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Cheryl Taylor, P.E., Civil Engineer Location Map RESOLUTION NO. 11 -012 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 AND EASEMENTS 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 and easements 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, Jeff Massey, (the "Massey Property "), have been unable to reach an agreement on the acquisition of the needed right -of -way and easements; 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 0.861 acre right of way, 0.111 acre permanent utility, drainage and wall easement, and a 0.289 acre temporary construction easement 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 and easements 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 and easements are 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 day of , 2011. Mayor, City of Southlake ATTEST: Alicia Richardson, City Secretary Page 2 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHLAKE PERMANENT RIGHT -OF -WAY THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS THAT, JEFF MASSEY, of the County of Tarrant, State of Texas, for and in consideration of ONE DOLLAR, and other good and valuable considerations paid by the City of Southlake, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, does hereby grant, bargain and convey to said City, its successors and assigns, a permanent right -of -way and the right to construct, reconstruct and perpetually maintain a public street and/or drainage facilities and utilities, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of constructing, reconstructing and maintaining said public street and /or drainage facilities and utilities, and for making connections therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas, being described as follows: EXHIBITS "A" and "B ", attached hereto and made a part hereof. TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant and forever defend the said conveyed property and rights granted herein unto Grantee, its successors and assigns every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS MY HAND, this the day of 2009. JEFF MASSEY STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared JEFF MASSEY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the —_ _ day of , 2009. Notary Public in and for The State of Texas Commission Expires: G D0CW1MBALL- LEGAUPR0W15Covcr EXHIBIT "A„ LEGAL DESCRIPTION PERMANENT RIGHT-OF-WAY NORTH KIMBALL AVENUE PARCEL 15 BEING 0.816 acre of land located in the FRANCIS THROOP SURVEY, ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881, Page 198, of the Deed Records of 'Tarrant County, Texas. Said 0.816 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a "PK" nail found at the Southeast corner of said Massey Tract, and lying at the intersection of the centerline of North Kimball Avenue, with the centerline of E. Highland Street; THENCE N 89° 39'25" W 331.64 feet, along the South boundary line of said Massey Tract, and along the centerline of E. Highland Street; THENCE N 00° 35'06" W 34.98 feet, along the West boundary line of said Massey Tract, to a ' / 2 " iron rod marked "Brittain & Crawford" set, in the new North right -of -way line of said E. Highland Street; THENCE S 89° 38' 59" E 269.97 feet, along the new North right -of -way line of said E. Highland Street, to a '/2 iron rod marked "Brittain & Crawford" set in the new West right -of -way line of said North Kimball Street; THENCE along the new West right -of -way line of said North Kimball Street, as follows: 1. N 45° 00'00" E 19.71 feet, to a '' /z" iron rod marked "Brittain & Crawford" set; 2. N 00° 49' 31" W 478.08 feet, to a ' /z" iron rod marked "Brittain & Crawford" set in the North boundary line of said Massey Tract, lying in the South boundary line of a tract of land conveyed to Richard Holliday and wife, Mary Ann Holliday, by the deed recorded in Volume 14325, Page 524, by the Deed Records of Tarrant County, Texas; THENCE S 89° 45'37" E 49.42 feet, along the North boundary line of said Massey Tract, and the South boundary line of said Holliday Tract, to a "PK" nail found at the Northeast corner of said Massey Tract, lying in the centerline of said North Kimball Avenue; THENCE S 00° 36' 17" E 527.10 feet, along the East boundary line of said Massey Tract, and the centerline of said North Kimball Avenue, to the POINT OF BEGINNING, containing 0.816 acre (35,543 square feet) of land. g 2009 \legals\kimball- legals \prowl5 AREA TABLE EXHIBIT "B" RICHARD HOLLIDAY AND WIFE, z 0.816 ACRE TOTAL MARY ANN HOLLIDAY NANO SURVEYING & (35,543 SQ.FT.) I VOL. 14325, PG. 524, D.R.T.C.T. I 0.478 ACRE IN S 89 0 45'37 "E PRESCRIPTIVE FRANCIS THROOP SURVEY v RIGHT -OF -WAY 49 .42' - -\ 0.338 ACRE NET (14,700 SQ.FT.) LOT 3, THE HILL ADDITION VOL. 388 -159, PG. 96 P.R.T.C.T. I PERMANENT RIGHT -OF -WAY N 00 0 35'06 "W 3498' 1/2" IRS-\ I S URVEY LINE - �J � Z G� ,t�P k ` 1/2" IRS PERMANENT I RIGHT -OF -WAY LINE I 1 I I JEFF MASSEY VOL. 16881, PG. 198 D.R.T.C.T. N 45 0 00'00 "E 19.71' S 89 0 38'59 "E 269.97' 00 1 C) wl z_ CO �I r ¢I I of II =1 3 �I �I w l M a' � U I 0 �I o al o I Z I 1 I I I I I -------------- ---- N CENTERLINE ROAD N - 8-V�25 "PK" NAIL FOUND IN CENTERLINE OF ROAD PRESCRIPTIVE RIGHT -OF -WAY LINE �Pa PGA I SURVEYED ON THE GROUND OCTOBER 7, 2009 PK" NAIL FOUND TUMBLEWEED 2, 5.0' TRAIL QI ,1 J O ix aG5Je � P N J �m 2 21 w2 r9x - - -0 CRIPPLE CREEK LANE o -- - - o I � V) I �� G � 0� P I —1/2"1 IRS POINT OF BEGINNING "PK" NAIL FOUND IN CENTERLINE I INTERSECTION I I w I z I I� w1I�G0 / /^ JAMES L. BRITTAIN 'O 1674 JAMES L. BRITTAIN �y °Ffss�o0� PROPERTY CORNER NOTE REGISTERED PROFESSIONAL SURF LAND SURVEYOR ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS STATE OF TEXAS NO. 1674 (1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET EXHIBIT "B" BttmmN &CRAwF PERMANENT RIGHT -OF -WAY NANO SURVEYING & 0.816 ACRE OF LAND ° TOPOGRAPHIC MAPPING LOCATED IN THE `all' FAX 1 1 - bW- 9 ( a 7 FAX 11 (817) 2 1 934 7 aPa� P FRANCIS THROOP SURVEY 8 P.O. 6OX 11374 . 30M 9011TH FREEWAY FORT WORTH, TE 76110 ABSTRACT No. 1511 EIWL• atlminO6rikdm- cm./ard.com SOUTHLAKE, TARRANT COUNTY, \KIMBALL\- R0W15\ TEXAS SCALE 1 11= 100' NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHLAKE PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS THAT, JEFF MASSEY, of the County of Tarrant, State of Texas, for and in consideration of ONE DOLLAR, and other good and valuable considerations paid by the City of Southlake, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, do hereby grant, bargain and convey to said City, its successors and assigns, the right to construct, reconstruct and perpetually maintain permanent Utility, Drainage and Wall facilities, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of constructing, reconstructing and maintaining permanent Utility, Drainage and Wall facilities, and for making connections therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas, being described as follows: EXHIBITS "A" and "B ", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the City of Southlake, its successors and assigns. WITNESS OUR HANDS, this the day of , 2010 JEFF MASSEY 41"TA Ii0il111111111110:I_•0 COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared JEFF MASSEY, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2010 Notary Public in and for The State of Texas Commission Expires: PARCEL NO. 15 DOCIKimball-Igalslw , er -es-15 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE PARCEL 15 BEING 0.111 acre of land located in the FRANCIS THROOP SURVEY, ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881, Page 198, of the Deed Records of Tarrant County, Texas. Said 0.111 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a ' / 2 " iron rod marked "Brittain & Crawford" set in the North boundary line of said Massey Tract, and lying N 89° 45' 37" W 49.42 feet, from a "PK" nail found marking the Northeast corner of said Massey Tract. Said Point of Beginning also lying in the new West right -of -way line of North Kimball Avenue; THENCE S 00° 49'31" E 478.08 feet, along the new West right -of -way line of said North Kimball Avenue, to a ' /z" iron rod marked 'Brittain & Crawford ", set; THENCE S 45° 00'00" W 13.94 feet, to a point; THENCE N 00° 49' 31" W 487.98 feet, to a point in the North boundary line of said Massey Tract; THENCE S 89° 45'37" E 10.00 feet, along the North boundary line of said Massey Tract, to the POINT OF BEGINNING, containing 0.111 acre (4,830 square feet) of land. g 200911eg alslkimbal I- legalsldrges -15a RICHARD HOLLIDAY AND WIFE, MARY ANN HOLLIDAY VOL. 14325, PG. 524, D.R.T.C.T I POINT OF BEGINNING - 6 1 1/2" IRON ROD SET oe �5` I S 89 "E 10.00' I PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT 0.111 ACRE / 4,830 SQ.FT. JEFF MASSEY VOL. 16881, PG. 198 D.R.T.C.T. LOT 3, THE HILL ADDITION VOL. 388 -159, PG. 96 P.R.T.C.T. a0 . n pG� 00 00 qt M rn 0 0 0 I NEW RIGHT -OF -WAY INE S 45 " W 13 9 4' wl z �I I Of INORTHWEST CORNER MASSEY TRACT "PK" NAIL FOUND TUMBLEWEED TRAIL N 89 °45'37 "W 49.42' PROPOSED NEW �RIGHTt0F —WAY LINE 0 I r- m I 0 W 0 L M �� CRIPPLE CREEK 0 LANE 0 -- � � I I I I 1/2" IRS I 1/2 I „ IRS - - - ------- - - - - -- S URVEY LINE _ _ CENTER ROA - - - - "PK” NAIL FOUND SOUTHEAST CORNER ''PK" NAIL FOUND IN I I OF MASSEY TRACT CENTERLINE OF ROAD I SJ0" yryh w z_ J 5 I g• Q 0 �P�P�� Q- PG ��o• I , P PROPERTY CORNER NOTE SCALE 1 "= IOD� ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (112" IRS) WITH CAP MARKED "BRIT & CRAWFORD" lb qlj CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET EXHIBIT "B" LAND SURVEYING do K .17) RPPI'AIN &CRAWFORD PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT ?� 6�S E*' Rf v TOPOGRAPHIC MAPPING 0.111 ACRE OF LAND [ j; - * 9 �P - Oft 22 4eo - ae n F IUI N Na ( (81» 928 -034 7 P.O. Bmf 113,9 � 3Y0! i011H FIEE'Y, LOCATED IN THE JAMES L BRITTAIN - ....•..e....... ................... t' ._ 1674 '•� FOIT �OR,X, ,�x� 76 IU " """ '°°`°" FRANCIS THROOP SURVEY 9 y O�ssp ?'o o ... suR� \KIMBALL\ ES -15\ ABSTRACT No. 1511 SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6, 2010 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RE=CORDS; YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHI.AKE TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS THAT, JEFF MASSEY, of the County of Tarrant, State of Texas, for and in consideration of ONE DOLLAR, and other good and valuable considerations paid by the City of Southlake, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, does hereby grant, bargain and convey to said City, the right to construct facilities, roads or utilities, with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary to the proper use of any other right granted herein until a time not to exceed six months after completion of construction of said facilities, roads or utilities, for the purpose of constructing said public facilities, roads or utilities, and for making connections therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas, being described as follows: EXHIBITS "A" and "B ", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the City of Southlake. WITNESS OUR HANDS, this the day of 2010 JEFF MASSEY STATE OF TEXAS 5wilwk WL61ars{:7 f :1ZlI BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared JEFF MASSEY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of , 2010. Notary Public in and for The State of Texas Commission Expires: PARCEL NO. 15 - TCE G: 2 0091L E GA L S 1K I M SA LL -L EGA L S1T E M P -15 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT NORTH KIMBALL AVENUE PARCEL 15 BEING 0.289 acre of land located in the FRANCIS THROOP SURVEY, ABSTRACT No, 1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881, Page 198, of the Deed Records of Tarrant County, Texas. Said 0.289 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the North boundary line of said Massey Tract, and lying N 89° 45' 37" W 59.42 feet, from a "PK" nail found marking the Northeast corner of said Massey Tract; THENCE S 00° 49' 31" E 487.98 feet, to a point; THENCE S 45° 00' 00" W 5.76 feet, to a point; THENCE N 89° 38'59" W 10.87 feet, to a point; THENCE N 00° 49' 31" W 164.99 feet, to a point; THENCE S 89° 38'59" E 6.66 feet, to a point; THENCE N 00° 32' 60" W 105.49 feet, to a point; THENCE S 89° 10' 29" W 47.17 feet, to a point;. THENCE N 00° 49' 31" W 138.44 feet, to a point; THENCE N 89° 10'29" E 35.00 feet, to a point; THENCE N 00 49' 31" W 83.36 feet, to a point in the North boundary line of said Massey Tract; THENCE S 89° 45'37" E 20.00 feet, along the North boundary line of said Massey Tract, to the POINT OF BEGINNING, containing 0.289 acre (12,598 square feet) of land. g20091lega Isikimbal I- Iegals\TEMP -15 CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAICE, TEXAS. 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET RICHARD HOLLIDAY AND WIFE, Bitrrrxily a�CIUWJPORD MARY ANN HOLLIDAY 1 i J VOL. 14325, PG. 524, D.R.T.C.T. EASEMENT P6cds7FR Fy 1 I 0.289 ACRE OF LAND POINT OF BEGINNING _ JAM L BRIPT NORTHWEST CORNER LOCATED IN THE ._ F N 1574 y F.U. H ac 11314 .3>1t 000-M Fi N MASSEY TRACT S 89 °45'37 "E eaar 3axrn, TEXAS re110 "PK" NAIL FOUND 20.00' SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6, 2010 \KIMRIILL`..T -15\ REVISED: AUGUST 26 2010 TUMBLEWEED TRAIL cam`' I N 00 83.36' N 89 °4S�f7 "W N 89 °10'29 "E 35. 00' L 5 9.42 ' PROPTSfI) NEW RIGHT -�OF -WAY N 00°49'31 "W LINE 138,44' MP + ARY CONSTRUCTION EAS MENT, 0.289 ACRE JEFF MASSEY 12,598 SOFT. VOL. 16881, PG. 198 D.R.T.C.T. I LOT 3, THE HILL ADDITION VOL. 388 -159, PG. 96 0 1029 "W ; I t7c P.R.T.C.T. S 89 47.17' N 00 0 32'50 "W 105.49' T — — CRIPPLE CREEK S 89 0 38'59 "E 6.66 LANE "W I N 00 °49'31 I I NEW 164.99' RIGHT—OF—WAY NF PR P OSED 10' UTILITY, QRAlNAGE AND ALL EASEMENT N 89 038 I 1/2 — _ IRS 1 7' 10.8 7' h I I SURVEY LINE I CENTERL ROA — �UNO — — — — o ' � < — $_4 5�Q Qfl— �_ �__' "PK" NAIL FOUND SOUTHEAST CORNER x3.76' I 1 OF MASSEY TRACT "PK" NAIL N CENTERLINE OF ROAD 4 z I��G� I �' 1 SCALE 1 "= 100' CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAICE, TEXAS. 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET EXHIBIT "B" Bitrrrxily a�CIUWJPORD TEMPORARY CONSTRUCTION 6.OF...r£ LAND SURVEYING & EASEMENT P6cds7FR Fy TOPOGRAPHIC MAPPING 0.289 ACRE OF LAND _ JAM L BRIPT (8176 ua-01 KIM (81714E"11 F#X Wu. (817) 928 -0347 LOCATED IN THE ._ F N 1574 y F.U. H ac 11314 .3>1t 000-M Fi FRANCIS THROOP SURVEY aQ V eaar 3axrn, TEXAS re110 ABSTRACT No. 1511 SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6, 2010 \KIMRIILL`..T -15\ REVISED: AUGUST 26 2010