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11-012 OFFICIAL RECORD 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 4 11 (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 da y Ir`,.\ &Y� of , 2011. 4r „,Wayor, Cif Southla. • �� ATTEST: ZH�k' t 4) 111-A L-LL-P Alicia Richardson, City Secretari J; • s° • a � Paget 01 1) E^ bif 8 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSOi, OU MAY REMOVE f< STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECIJRITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHL,KE PERMANENT RIGHT-OF-WAY THE STATE OF TEXAS KNOW ALL MEN B' THESE FRESENTS COUNTY OF TARRANT THAT, JEFF kdASSEY, of the County of Ta,nsni. State of Texas, for and consideration of ONE D0LLAR, and other good and valuable considerations paid by the City of Southlake, a municipal corporation of Tarrant County. Toxas, receipt ofwmch ie hereby aoknow|edgad, does hereby grant, bargain and convey to said City, its successors and asm8na, a permanent right-of-way and the right to coogru:t, reconstruct and perpetually maintain a public street and/or drainage tacilities and uNides, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said pnamisee, or any part theveof, as is necessary to the proper use of ans other right granted herein, and for the purpose of constructing, reconstructing and maintaining said public street and/or drainage facilities and uh|iheo, and for making connections theewith, m, upon and across that certain tract or parcel of land in Tarrant County, Texas, being described as foUows: 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 itseK, its successors and assigns, to warrant and forever defend the said conveyed property and rights granted herein unto Granupe, its successors and assigns every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS MY HAND, this the of 2009 JEFF MASSEY STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned uu1ho/ity, in and for said Couoty, on this day personally appeared JEFF MASSEY, known to me to be the person whose name is subscribed to the foregoing mstrument, 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 0FFCE, this the — aay of — 2009. Notary Public in and for The State of Texas Commission Expires: a 000m/wu*.L-Lco^upn*m/ ,o"�, p.31 11 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 and 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 '" 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 '/2" iron rod marked "Brittain & Crawford" set; 2. N 00 49' 31" W 478.08 feet, to a '/2" 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 2 009Vlegals \kimball- legals \prowl5 P . o1it AREA TABLE RICHARD HOLLIDAY AND WIFE, z 0.816 ACRE TOTAL MARY ANN HOLLIDAY — (35,543 SQ.FT.) 1 VOL. 14325, PG. 524, D.R.T.C.T. 1 0.478 ACRE IN 1 S 89 °45'37 "E CC PRESCRIPTIVE cn RIGHT -OF -WAY 49.42' \ "PK" NAIL FOUND 0.338 ACRE NET (14,700 sQ.FT.) — _ _ _ _ TUMBLEWEED � ,� 1 /z° IRS „z5.0. TRAIL Q c, PERMANENT 0 �OJ RIGHT —OF —WAY LINE Q 1 Ni- �l 0J� e O ce , • J • J � O JEFF MASSEY N a in d VOL. 16881, PG. 198 � I D.R.T.C.T. q YI LOT 3, THE HILL ADDITION 1- VOL. 388 -159, PG. 96 o P.R. T.C.T. (0,� W 1"'' • — h CZ o va- M a .70 CRIPPLE CREEK �� a ' O cc t° Z LA e � ' o .4 0 0 w o � O a ? O O C O 1 h 1 Z z V) 1 `'� PERMANENT I C.% N. RIGHT —OF —WAY LINE N 45 °00'00 "E �� N 00 °35'06 "W 9.71' P�� 34 98' IRS I S 89 °38'59 "E 1 /2' _ _ _ 269.97' —a425' • .. POINT OF N 17z�RS N BEGINNING SURVEY LINE CENTERLINE ROAD N AA'' "PK" NAIL FOUND — J4_89 °39'2r5"W _331- .64' — � I IN CENTERLINE "PK" NAIL FOUND IN I INTERSECTION CENTERLINE OF ROAD PRESCRIPTIVE JC .�0 I RIGHT —OF —WAY LINE � J� N.-9- 1 1 'P- -e 1 z I SURVEYED ON THE GROUND P 0 ` ' I OCTOBER 7, 2009 L . ,ci, of 'TF 'ar H : :e6 * Fa.9 JAMES L BRITfAIN > ` A 1674 '' JAMES L BRITTNN 9 y, ,tssp 'e y0� PROPERTY CORNER NOTE REGISTERED PROFESSIONAL O SU RN F ' •- LAND SURVEYOR � � �� ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS STATE OF TEXAS NO. 1674 (1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" 6 CITY OF SOUTHLAKE U 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET EXHIBIT "B" BRTTTAIN & CRAWFORD PERMANENT RIGHT —OF —WAY LANG SURVEYING & 0.816 ACRE OF LAND i TOPOGRAPHIC MAPPING LOCATED IN THE 1017) 0141-0[11 N a. ( (3T7)T) 0 02 (oin 429--011Z Nt FAX FRANCIS THROOP SURVEY - =0� V.O. SOX liars . 3000 0 SCUM FREEWAY FENT WORM. TEXAS rend ABSTRACT No. 1511 EWE, ab W ort.raeLa.m SOUTHLAKE, TARRANT COUNTY. \KIUBALL\..ROwis\ TEXAS SCALE 1"=.- 100' p.5r1 11 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 KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT 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 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 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 DOC /K,mba5- Igalskcover -os -r 5 P. t Il 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 IA" 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 Tying 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 'A" 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 2009\ Iegals\kimball- legals\drges -15a p.7 RICHARD HOWDAY AND WIFE, MARY ANN HOWDAY ''' VOL 14325, PG. 524, D.R.T.C.T. 1 i1 I POINT OF BEGINNING NORTHWEST CORNER 2" IRON ROD SET y MASSEY TRACT "PK" NAI L FOUND dQ 1/2" — — o o e _ _ _ _ TUMBLEWEED \y am S 89 °45'37 "E TRAIL <qj G 10.00' N 89 °45'37 "W 49.42' PERMANENT UTILITY, DRAINAGE I PROPCJSED NEW AND WALL EASEMENT .' RIGHT. OF -WAY 0.111 ACRE / 4,830 SQ.FT. LINE 00 Cl! ao JEFF MASSEY ,: Q VOL. 16881, PG. 198 °/ h 1 D.R.T.C.T. v I LOT 3, THE HILL ADDITION 0 VOL. 388 -159, PG. 96 W ! P.R.T.C.T. v. I M M � — — °' °' CRIPPLE PLE CREEK LANE 0 0 �° Z N 1 G ., yes i I Q NEW RIGHT —OF —WAY UNE 1 S 45 °00'00 "W 1 1/2" IRS I 13.94' I — -- • 1/+ IRS SURVEY UNE CENTERLINE ROAD — — — — — — — 1 "PK" NA — — — — SOUTHEA IL ST CORNER "PK" NAIL FOUND IN ( OF MASSEY TRACT CENTERLINE OF ROAD I .g4 4) I w 1 4 1 � �� D F� Pz' 5• i / e i D o (1 S 5 ' P PROPERTY CORNER NOTE SCALE „- 100' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2" IRS) WITH CAP MARKED "8RITTAIN & CRAWFORD" Si C ITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET EXHIBIT "B" irrren�t &CRAWFORD PERMANENT UTILITY, DRAINAGE B E LAND SURVEYING & AND WALL EASEMENT '� TOPOGRAPHIC , , • '' : ., 6 , 0.111 ACRE OF LAND MT) 1126 -al! - METRO cs171 4ts -e!,e JAMES L BtRTAIN ■ FAX M3. OM 11ss -0347 LOCATED IN T P.O. 6117 11374. 31111 6011„ e112e,r,r (` .x,,,1 674 �;:Q. r TT M TN, Mni11b11kb�a XA'S 78110 ABSTRACT No. 1511 FRANCIS THROOP SURVEY ,'.�o R +to • ��� 15 � SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6, 2010 p. 7 4 l I Exhi 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 TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT 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 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 , 2010. Notary Public in and for The State of Texas Commission Expires: PARCEL NO. 15 - TCE 0 2009\LEGALS\KIMBALL -L EGALS\TE MP -15 P aet ri 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 Tying 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' 50" 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. g:20091IegaIs kimbail- legais \TEMP -15 p.1D111 RICHARD HOLUDAY AND WIFE, MARY ANN HOLUDAY y VOL. 14325, PG. 524, D.R.T.C.T. I k I ' I POINT OF BEGINNING-- NORTHWEST CORNER MASSEY TRACT S 89 °45'37 "E "PK" NAIL FOUND 20.00' – – TUMBLEWEED �'� — — — — TRAIL o>`' N 00 °49'31 "W 83.36' N 89 °45'37 "W 1 N 89 °10'29 "E 35.00' 1 59.42' PROPdSED NEW �` ! - 1 RIGHT -rOF -WAY N 00°49'31"W MP UNE t Y CONSTRUCTION 1—~ EAS MENT, 0.289 ACRE ! JEFF MASSEY 12,598 SOFT. 1 VOL. 16881, PG. 19 1 D. R.T.C.T. LOT 3, THE HILL ADDITION t VOL. 388 -159, PG. 96 W A P.R.T.C.T. S 89 °10'29 "W 47.17' , 1 N 00 °32'50 "W 105.49'–* C RIPPLE CREEK , � N 1 S 89 °38'59 "E 6 Z LANE 1 K , -- <G ■ 1 N 00 °49'31 "W 1 I NEW 164.99' RIGHT —OF —WAY LINE PR POSED 10' UTILITY, DRAINAGE AND WALL EASEMENT I o , rr – 1 /2„ IRS -\1 N 89°38'59" 1 0.87' '`'� i 1 Av SURVEY UNE I CENTERUNE ROAD 1 — — " — "PK" NAIL FOUND — S 45_°00. QQ'_. 1 SOUTHEAST CORNER "PK" NAIL FOUND IN _ — — 5.76' 1 OF MASSEY TRACT CENTERLINE OF ROAD I 4 .3 o03 1 T ,./ NS''' rlIPC- SCALE 1 "= 100' CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET 1 EXHIBIT "B" do •,o 6 BRrrrAni & CRAWFORD TEMPORAR EA CONS f . > LAND SURVEYING & ' 0 "IC MAPPING 0.289 ACRE OF LAND .,, Ewa L O (111Y) res-an - IIE7RG MT, 4,F „1[ FAX MA ro+» -.so LOCATED IN THE s,. ‘o '°` „”' • "°"°°1M `"E` °' vom gown,, rzxAXI as, ro FRANCIS THROOP SURVEY siii:v ""` """"°"r"""''"`"" ABSTRACT No. 1511 ' - SOUTHLAKE, TARRANT COUNTY, TEXAS JULY a, 2010 \KIMBALL \_T -15\ RVnsm: AUGUST 26, 2010 p. /141/