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12-003 OFFICIAL RECORD RESOLUTION NO. 12 -003 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, Gerald and Barbara Graham, (the "Graham 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 0.241 acre right of way including an existing 0.120 acre prescriptive right of way, a 0.043 acre permanent utility, drainage and wall easement, and a 0.042 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 lid day of 3,fitiniILit , 2012. @.tY ,•. pv •• t of Southla - ATTEST: : .••. � iz _ >. : 1. Alicia Richardson, City Secretary • ) % '• _ , - -_ ' , . ' EXHIBIT "A" LEGAL DESCRIPTION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 17 BEING 0,043 acre of land located in the Francis Throop Survey, Abstract No, 1511 South|mhe, Tarrant County, Texas, and being a portion of a tract of land 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. Said 0.043 acre of land being more particularly described by metes and bounds as follows' BEGINNING at a B iron rod marked ^Bhmain & Crawford", set in the South boundary line of said Graham Tract, lying N 89~ 45' 37~ VV 49.92 feet, from a "PM" nail found marking the Southeast corner of said Graham Tract, and said POINT OF BEGINNING also lying in the new West right-of-way line of North Kimball Avenue; THENCE N8Q 1000 feet, along the South boundary line of aforesaid Graham Tract, to a point; THENCE N 00 49' 31^ VV 82.70 feet, to a point, THENCE N80~18'38~E 4OU feet, tnapoint; THENCE NDO~4Q'31 58 43 feet. to a point; THENCE S8A°10'38^VV 4.00 feet, Vaopoint; THENCE NOO"4S'31^VV 07.80 feet, hoapoint n the North boundary Ine of said Graham Tract; THENCE S8Q~45'37~E 10.00 fwmt, along the North boundary tine of said Graham Tract, to a i/2" iron rod marked "Brittain & Crawford", set: THENCE GO0~4Q' 31 209.01 hee, along the new VVeo! right-of-way line of said North Kimball Avenue, to the POINT OF BEGINNING containing 0.O43 acre (1.850 square feet) ofland. -- - v BURTON H. PATTERSON AND, L VIRGINA L. PATTERSON 1 1 _ _ CC No 204243712, D.R.T.C.T. I L oc12 i PANHANDLE DRIVE q- a e S 89°45'37"E _ 1000' 1/2" IRS 1 - 1 iy I 10' ,PERMANENT UTIUTY, TEMPORARY CORSTRUCOON EASEME4T I 1.---- ' DRAINAGE AND WALL EASEMENT c ri 0.043 ACRE / 1,856 SQ.FT. $1 1 N 00°49'31"W ", i "I 67.88' 1 e M ■ a; z , 13.. © w , S 89°10'30"W 4.00L_I. (s1 > IC — - — 1 _ N 00°49'31"W 58.43' on Z7) i g .1. N 89°10'30"E 4.00' 1 2 L N , MN, N 00°49'31"W 82.70' - i Ca NN N GERALD C. GRAHAM AND WIFE, BARBARA GRAHAM .., w ... VOL. 10817, PG. 2378 1 N N D.R.T.C.T. / I PROF'OSELtNEW TEMPORARf CORSTRucTIDN EASEVERT ' FtIGHT-OF WAY O.01 9 ACRE / en SO,FT 1 1 IN tJNE1 - _ _ w to - _ _ 1 "PK" NAJL FOUND N 89'45'3 "W SOUTHEAST CORNER OF N N 89°45'37"W 49.92 GRAHAM TRACT $ 10.00' POINT OF BEGINNING 1 1/2" IRON ROO SET tu I z RICHARD HOLUDAY ANO WIFE, MARY ANN HOLLIDAY ....iiiit..... VOL. 14325, PG. 524 D.R T.C.T o - - -- -- TUMBLEWEED TRAIL PROPERTY CORNER NOTE SCALE 1"= 50' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2"IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" 1 ' . CITY OF SOUTHLAKE L, 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 , NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "8" BRFITAIN & CRAWFORD 10' PERMANENT UTIUTY, .-.-. , 1.1040 SURVEYIAC & DRAINAGE AND WALL EASEMENT 4, TOPOGROPMC MAPPING 47 ... 0.043 ACRE OF LAND JAMES L IRITTIA I' illi I ON-C1111 i • MElltD t Oa) WII-Ot it FIVI Pia 017) 06-9347 LOCATED IN THE PM WM. dlair■ TIM testa II ?V 10 FRANCIS THROW SURVEY MAL wn ABSTRACT No. 1511 ., ..- vakema\_E5_ SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 14, 2010 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 17 BEING 0.241 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 Gerald C. Graham and wife, Barbara Graham by the deed recorded in Volume 10817, Page 2378, of the Deed Records of Tarrant County, Texas. Said 0.241 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 Graham Tract and the Northeast corner 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, and said POINT OF BEGINNING also lying in the centerline of North Kimball Avenue; THENCE N 89° 45' 37" W 49.92 feet, along the South boundary line of aforesaid Graham Tract and the North boundary line of said Holliday Tract, 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 209.01 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 Graham Tract and the South boundary line of a tract of land conveyed to Burton H. Patterson and, Virginia L. Patterson by the deed recorded in County Clerk's File No. 204243712 of the Deed Records of Tarrant County, Texas; THENCE S 89° 45' 37" E 50.73 feet, along the North boundary line of said Graham Tract and the South boundary line of said Patterson Tract, to a point at the Northeast corner of said Graham Tract, lying in the centerline of line of said North Kimball Avenue; THENCE S 00° 36' 17" E 209.00 feet, along the East boundary line of said Graham Tract and the centerline of said North Kimball Avenue, to the POINT OF BEGINNING containing 0.241 acre (10,517 square feet) of land. G:doclkimba Il- legals\prowl 7 BURTON H. PATTERSON AND, VIRGINA L. PATTERSON \ — — z CC No. 204243712, D.R.T.C.T. PANHANDLE DRIVE i__----._ — WO- S 89 °45'37 "E & 50.73' -- -- o { 1 /2" IRS 25 �' { � w W V wi� O Z O w z J O W 00� ›. O > II N r o GERALD C. GRAHAM AND WIFE, ; I 0 N J _ _ _ _ BARBARA GRAHAM 3 L , 8 VOL. W m 4 10817, PG. 2378 D.R.T.C.T. z . n ze M Co w to KI N. O 0 O N Et 6 O H z °' J N O Z I .. o \ o 1/2" IRS 3 — _ — — — — ' I 0 .1---,_ POINT OF BEGINNING .. 43\N „ "PK" NAIL FOUND N 89°45'37 W �� a ° 4 9.92' — — P I w RICHARD HOLLIDAY AND WIFE, z MARY ANN HOWDAY VOL 14325, PG. 524 L { D.R.T.C.T. N I 1 TUMBLEWEED TRAIL SURVEYED ON THE (;ROUND AREA TABLE MAY 26, 2010 kt, OF f 0.241 ACRE TOTAL A. A ' 0 2 q" G t s TER f 9J ` 0.120 ACRE IN PRESCRIPTIVE R.O.W. (' JAMES L BRITTAIN 0.121 ACRE NET / 5292 SO.FT. J AMES L 8R11TAIN • ""!PcsSI°- {O r REtYSiERED PROFESSIONAL SURN)' PROPERTY CORNER NOTE STATE OF TEXAS NO. 1674 v ," ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" I p 5 CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "8" BiUTrAIN & CRAWFORD PERMANENT RIGHT —OF —WAY LAND SURVEYING & 0.241 ACRE OF LAND TOPOGRAPHIC MAPPING LOCATED IN THE (eR) 926-0211 FM N. . - 1cmo -33 r 7 429-6112 FRANCIS THROOP SURVEY FAX no 017) 017) oze -ax P.O. 0 ORT WORTH, 43eEe 6 10 r ABSTRACT No. 1511 OWL `�" SOUTHLAKE, TARRANT COUNTY, \KIMBALIV.ROWI 7 \ TEXAS SCALE 1 "= 60'