12-002 OFFICIAL RECORD
RESOLUTION NO. 12 -002
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 the property, Richard and Mary Ann Holliday, (the
"Holliday Properties "), 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 right of way and easements.
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 0.149 acre right of way including an
existing 0.075 acre prescriptive right of way, a 0.030 acre permanent utility, drainage and wall
easement, and a 0.033 acre temporary construction easement on the Properties, 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:
(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 right of way and 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 right of way and 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 kiday of Inzzat , 2012.
fill11
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ATTEST: ,o O vTH • E A k
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Alicia Richardson, City Secretary S. ' t •
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EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRANAGE AND WALL EASEMENT
NORTh KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 16
BEING 0030 acre of land located in the Francis Throop Sumey, Abstract No
1511, Gouth|ake, Tarrant County, Texus, and being a portion of a tract of land
conveyed to Richard Holliday and wife, Mary Ann Holliday by the deed recorded
in Volume 14325, Page 524, of the Deed Records of Tarrant County, Texas.
Said 0,030 acre of and being more particularly described by metes and bounds
as follows:
BEGINNING at a vz" iron rod marked "Brittain & Cmwfond~, set in the North
boundary line of said Holliday Tract, lying N 89~45' 37^ VV 49,92 feet, from a
"PK" nail found marking the Northeast corner of said Holliday Tract, and said
POINT OF BEGINNING also lying in the new West right-of-way line of North
Kimball Avenue;
THENCE SOO"4A 31^E 130.88 feet, along the new West right-of-way
line of said North Kimball Avenue, to a V2' iron rod marked "Brittain &
Crawford". set in the South boundary line of said Holliday Tract:
THENCE N8Q`4537^VV 10,00 ha*t, along the South boundary line of
aforesaid Holliday Tract, to a point;
THENCE NO0~49'31^VV 130,88 heet, to a point in the North boundary
line of said Holliday Tract;
THENCE 38A~45'37'E 10.00 feet, along the North boundary Iine of
said Holliday Tract to the POINT OF BEGINNING containing 0.030 acre
(1.3O0 square feet) nfland.
G .*uwrnba»*goisIEs/e
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/ GERALD C. GRAHAM AND WIFE, I Ld Lj 1
N.
BARBARA GRAHAM
VOL.1 0817, PG.2378
D.R.T,C.T. i d
....,1 D 1
N
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POINT OF BEGINN 1 ING 0 I "PK” NAJL FOUND 'N
R NORTHEAST CORNER OF
1 /2" IRON ROD SET HOLLIDAY TRACT
S 89°45'37"E 10.00'
, La
10' PERMANENT UT1L1TY, N 89'45'3 "W •=4,
DRAINAGE AND WALL EASEMENT 49.92 z i
41
0.030 ACRE / 1,309 SQ.FT 1.L1
N 00°49'31"W 130.88' lg.' 01
"IIC — — -- — — -
..-• .
..,.., a.
TEMPORARY CONSTFTUCTION EASEMENT I 'It •110 4 1
0,013 ACRE / 1,424 SO.FT: 1 1.„ . Pr) CD
L 6.- X
1
0. 0 It
RICHARD HOWDAY AND WIFE, 2 I
MARY ANN HOWDAY I PROPOSED X
VOL14325, PG.524
Mill -OF - AY - - —
D.R.T.C.T.
Ira
20.00'
— .... - - - - • • - • Z TUMBLEWEED TRAIL
1 /2" IRS
N 89°45'37"W
10.00' 4,
iz
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4 )
1 L
4
N 4 3
JEFF MASSEY I
VOL.16881, PG.198 I AiLV
D.R.T.C,T.
I
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,-......._
PROPERTY CORNER NOTE
ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
SCALE 1 50 (1 /2"IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
I CITY OF SOUTHLAKE
. ) 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
BRrnsui &CRAWFORD 10' PERMANENT UTIUTY, .. -
UVID SOFNEVING & DRAINAGE AND WALL EASEMENT
J k TOPOGRIIPHIC MAPPING
e
( 4171 1144 - W740 14171 41* 0.030 ACRE OF LAND .i.aocs L. eirima4
ClIA Ma. Min 11111-11.NI
P.O. PDX 111174 a MD MIMI 71X111117I LOCATED IN THE
I' MT MOM, 7EXAI 74110
■01444.1p-eopOodamon FRANCIS THROOP SURVEY ' .". SOW6
OWL 444
ABSTRACT No. 1511
v iamiL v is _ 15 \ SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6, 2010
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT -OF -WAY
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 16
BEING 0.149 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 Richard Holliday and wife, Mary Ann Holliday by the deed recorded
in Volume 14325, Page 524, of the Deed Records of Tarrant County, Texas.
Said 0.149 acre of and being more particularly described by metes and bounds
as follows:
BEGINNING at a "PK" nail found at the Northeast corner of said Holliday Tract
and the Southeast corner of a tract of and conveyed to Gerald C. Graham and
wife, Barbara Graham by the deed recorded in Volume 10817, Page 2378 of the
Deed Records of Tarrant County, Texas, and said POINT OF BEGINNING also
lying in the centerline of North Kimball Avenue;
THENCE S 00° 36' 17" E 130.87 feet, along the East boundary line of
said Holliday Tract and the centerline of said North Kimball Avenue, to a
point at the Southeast corner of said Holliday Tract;
THENCE N 89° 45' 37" W 49.42 feet, along the South boundary line of
aforesaid Holliday Tract, and the North boundary line of a tract of and
conveyed to Jeff Massey by the deed recorded in Volume 16881. Page
198 of the Deed Records of Tarrant County, Texas. to a 1/2" iron rod
marked "Brittain & Crawford ", set in the new West right -of -way line of said
North Kimball Avenue;
THENCE N 00 49' 31" W 130.88 feet, along the new West right -of -way
line of said North Kimball Avenue, to a '1/2" iron rod marked "Brittain &
Crawford ", set in the North boundary line of said Holliday Tract:
THENCE S 89° 45' 37" E 49.92 feet, along the North boundary line of
said Holliday Tract and the South boundary line of said Graham Tract, to
the POINT OF BEGINNING containing 0.149 acre (6,500 square feet) of
land.
G doc'\kimball- legals\prowl6
1
G, 1
0 1 I\
G.P GERALD C. GRAHAM AND WIFE, I v z 1
BARBARA GRAHAM Z u_ .73 \
F VOL.10817, PG.2378
D.R.T.C.T.
c
S 89 °45'37 "E ° O 1 IPOINT OF BEGINNING
49.92' 3 1 "PK" NAIL FOUND
1/2" IRS \
-- -- -- • 2 � :) _ W �,�
J
00 w ,. Z 1 ;.'
w Z .. ; F���
O Z
J
M r — — —
I
RICHARD HOLLIDAY AND WIFE, 3 o
MARY ANN HOLLIDAY - ° _ w
VOL.14325, PG.524 M , m
D.R.T.C.T. "v) (I w
`4' z 1= � IL
o w a Pr) O I 8 2::.
S
X w 0 — — — — -
Z a a ''
1/2" IRS N 0
Z TUMBLEWEED TRAIL
N 89 °45'37 "W
49.42' I w — — — —
No .
N. I
�G� i I 43
e JEFF MASSEY I is.
VOL.16881, PG.198 I
D.R.T.C.T.
qr
I p
I
•
AREA TABLE
SURVEYED ON THE GROUND 0.149 ACRE TOTAL
MAY 26, 2010 � , "::i ., OF r,- 0.075 ACRE 6.500 PRESCRIPTIVE R.O.W.
4 0.074 ACRE NET
„Q_ __ _ _ / \ JAMES L BRITTAIN > 3,228 SQ.FT.
JAMES L BRITTA61 a 1;''` 1.519 O r
REGISTERED PROFESSIONAL SURF'..' PROPERTY CORNER NOTE
LAND SURVEYOR
STATE \
OF IFXAS 140. 1674 ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2 "IRS) WITH CAP MARKED "BRIITAIN & CRAWFORD"
1
`� C O SOU
1400 MAIN STREET, SOUTHLAKE TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
RrrrenN &CRSwroRn
Bn PERMANENT RIGHT -OF -WAY
" s " 0.149 ACRE OF LAND
TOPOGRAPHIC MAPPING LOCATED IN THE
4
" "' a rM N. - "'"° (11171 481.-3112 THROOP SURVEY
FAx Mo. (E7» 926-0347
"�`""`
ORt :aTM.'°E' SOUTH o ABSTRACT No. 1511
EM` edrnInIlbrRtakt-erowfani`am SOUTHLAKE, TARRANT COUNTY,
\KIMBAL\ROW16\ TEXAS SCALE 1".= 50'