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12-005OFFICIAL RECORD RESOLUTION NO. 12 -005 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 FOR CONSTRUCTION AND MAINTENANCE OF ROADWAY IMPROVEMENTS, PUBLIC WATER LINE OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing a 30" water transmission main along Randol Mill 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 from property owners who own land across which the Project will be located; and WHEREAS, the City and the owner of the property, Parvez and Seema Malik, (the "Malik Property "), have been unable to reach an agreement on the acquisition of the needed right of way; 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. 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 0.155 acre right of way, 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 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, 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 is needed so that the City of Southlake can construct waterlines and 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 11th day of Inmtq , 2012. ATTEST: A. 4 Alicia Richardson, City Mayor, C Souihlake Cn 9'Yj)iUf "A" Parcel 235 F.M. 1938 CSJ 1,978-01-052 May 19, 2011 Exhibit A. Page I of 3 Being a 0.155 acre (6,734 square foot),tract of land, being .a part of Lot 1, Malik Estates Addition to the City of Souti-Aake, Tarrant County, Texas, as recorded in Cabinet A, Slide 5711, Plat Records, Tarrant County, Texas (P.R.T.C.T.) and being a portion of that certain tract of land to Parvez and Seema Malik, as recorded in Volume 12526, Page 410, Deed Records-, Tarrant County, Texas (D.R.T.C.T.) and being more particularly described by tnetes and bounds as follows; BEGINNING at a set 5/8 inch iron rod with Transystems cap on the Proposed Easterly Southlake Right-of-Way line, a 16 foot wide right of way, said point also being, on the North line of said Malik Estates Addition, also being the South line of a Lot 5C, Block 1, Palomar Addition, as recorded in Cabinet A. Slide 12339, P.R.T.C.T., being South 99'09'37West, a distance of 268.92 feet from afound 1/2 inch capped iron rod for the Northeast comer of said Malik Estates Addition and the South line of said Palomar Addition; THENCE South 6 with the Proposed Easterly Southlake Right-of-Way line, a distance of 158.21 feet to a set 518 inch iron rod with Transysterns cap on the Easterly line of a 23 foot Right-of-Way Reservation, as shown on said Plat of Malik Estates Addition, point also being the beginning of a curve to the left, whose center point bears South $3 "54"East, a distance of 1,920.00 feet; (2) THENCE with said curve and with the Proposed Easterly Southlake Right -of- -Way line, in an Southerly direction, through a central angle of 6 an arc distance of 208.83 feet to a set 5/8 inch iron rod with Transystems cap, (3) THENCE South 0-05'49"East, with the Proposed Easterly Southlake Right= of-Way line, a distance of 1,30.58 feet to a set 518 inch iroa, rod with Ttansystems cap on the South line of said Malik Estates Addition, also along the North line of Gifford Court, a 60 foot Road Easement, as recorded in Volutne 10634, Page 104, D.R.T.C.T. (4) THENCE North rth 89 with the South line of said Malik Estates Addition the North line of said Gifford Court, a distance of 9.80 feet to a set 5/8 inch iron rod with Transystenis cap on the existing Easterly Right-of-Way line of F.M. 1938; (5) THENCE North 0 0 24 1 40"West, with the existing Easterly Right-of-Way line of F.M. 1938, a distance of 266,04 feet to a set 5/8 inch iron rod with Transystems cap point on the Proposed Easterly Right of Way of F.M. 1938, also being the beginning of a carve to thcright, whose center point bears South 86*05'03"East, a distance of 1,936.00 feet; (6) THENCE with said curve and with the Proposed Easterly Right of Way of,F.M. 1939, in an Northerly direction, through a central angle of 2 an arc distance of 75.45 feet to a set 5/8 inch iron rod with Transystems cap; (7) THENCE North 6°08'56 East, with the Proposed Easterly Right of Way of F.M. 1958, a distance of 138.68 feet to a set 5/8 inch iron rod with Transysteins cap; Parcel 235 F.M. 193$ CSJ: 1978-01 -052 May 19, 2011 Exhibit A, Page 2 of 3 (8) THENCE North 0 0 24'40"West, with the Proposed Easterly Right of Way of F.M. 1938, , a distance of 16.98 feet to a set 518 inch iron rod with Transystems cap point on the North line of said Malik Estates Addition, and the South line of said Lot SC, Block 1, Palomar Addition; (9) THENCE North 89 0917 "East,with the North line of said Malik Estates Addition and the South line of said Lot 5C, Block 1,, Palomar Addition, a distance of 1$.07 feet to the POINT OF BEGINNING containing.0.155 acre (6,734 square feet) of land, more or less. NOTE'. Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4242), North American Datum 1983 (NAD 83)., with all distances and coordinates adjusted to surface by project surface factor of 1.00012825. NOTE: Plat to accompany this legal description That I, Timothy A. Frost, a Registered Professional Land Surveyor in Texas, hereby states that this survey was made from an actual on the ground survey made in July, 2010 under my supervision, that all monuments exist as shown hereon and this surveyy substantially conforms with the current professional and technical standards as set faith by the Texas Board of Professional Land Surveying. Timothy A. 15k Registered Professional Land Surveyor Texas Registration Number 5316 Exhibit "B" PALOMAR ESTATES HOMW ASSOCIATON X 1. LOT 5C PALWAR ESTATES AOO(T/0# CA8.,A. SLIDE 12339 3r E 1& 07 P.R.T,C.r. I B. J. FOSTER SURVEY ABSTRACT NO. 519 PARVEZ JUALW AND 'SEEMA, MALIK VOL. J2526. M, 410 MACK ESTATES WOfTfQN CA& A. WDE 5711 P.R.T.C. T. (2 3 PARVEZ M X.A40 SEEMA MALIK T AM o 'V 0.155 ACRES RAMAINDER 2.35 ACRES SHAMAILA S. MAIJK AND '3r INST O.R.T.C.T. CALLED WX ACRES b - \N 89* 5 13 &23 w LWof duff4don to WWnWy WS jUrV4V Skdoh NOTEifildsts of teffirso IS ft Texas State P&Y* Cdordlil WFORD CQ W w rl�T MENT ===, C@Wrof Zone (42WJ. ddjt,$W 10 "face LEG",D 0 - 518 inch Iron rod With ~lc cap stomped .sw, P9 Nall Set or X Set • M~ founO as nWW 0. P. R. T. C. T - OffIC10 PWIc RWXd$. TorrW COWNY, Texas D.R.r.C.T. - Dwd Pievords. rarrw#,Cm*. Texas P.R.T.C.T. - Pkt Records, TOM& CWA Texas P.G.C. - Part Of cowwwng P.G.B. - ,-idntof awrwng Property Um 5-vW One • Fee Hook 4- • Centerflne wo C. S. J. w C. S. J. PARVEZ MALIK AND SEEMA MALIK 0.155 ACRE DIST. I COUNTY I HIGHWAY NO. 1978 - 052 , "r- CURVE CLO? DELTA 6'14'44(RT) r N 909 L- ?J6.01 w LC- 217.91 CURVE PRW37 P , DELI'* 6*J3' 55' (LT) DELTA I * Z13'59 (RT) PRC + Lo L;- 208.83 L- �5, 4 �g C8- N 5' Or 56 E LC- 206. Lc- 75. 4.5 Q. t it CURVE + CURVE ?QRW3) to (D 00 c\l tn + "%r I(Jo I c; b PALOMAR ESTATES HOMW ASSOCIATON X 1. LOT 5C PALWAR ESTATES AOO(T/0# CA8.,A. SLIDE 12339 3r E 1& 07 P.R.T,C.r. I B. J. FOSTER SURVEY ABSTRACT NO. 519 PARVEZ JUALW AND 'SEEMA, MALIK VOL. J2526. M, 410 MACK ESTATES WOfTfQN CA& A. WDE 5711 P.R.T.C. T. (2 3 PARVEZ M X.A40 SEEMA MALIK T AM o 'V 0.155 ACRES RAMAINDER 2.35 ACRES SHAMAILA S. MAIJK AND '3r INST O.R.T.C.T. CALLED WX ACRES b - \N 89* 5 13 &23 w LWof duff4don to WWnWy WS jUrV4V Skdoh NOTEifildsts of teffirso IS ft Texas State P&Y* Cdordlil WFORD CQ W w rl�T MENT ===, C@Wrof Zone (42WJ. ddjt,$W 10 "face LEG",D 0 - 518 inch Iron rod With ~lc cap stomped .sw, P9 Nall Set or X Set • M~ founO as nWW 0. P. R. T. C. T - OffIC10 PWIc RWXd$. TorrW COWNY, Texas D.R.r.C.T. - Dwd Pievords. rarrw#,Cm*. Texas P.R.T.C.T. - Pkt Records, TOM& CWA Texas P.G.C. - Part Of cowwwng P.G.B. - ,-idntof awrwng Property Um 5-vW One • Fee Hook 4- • Centerflne wo C. S. J. w C. S. J. PARVEZ MALIK AND SEEMA MALIK 0.155 ACRE DIST. I COUNTY I HIGHWAY NO. 1978 - 052 , "r- CURVE CLO? DELTA 6'14'44(RT) R- 2.1000.00 L- ?J6.01 LC- 217.91 CURVE PRW37 CURV5,PRWJ8 DELI'* 6*J3' 55' (LT) DELTA I * Z13'59 (RT) A- 1,920m R• 936.00 L;- 208.83 L- �5, 4 CB- S 3' or 09'W C8- N 5' Or 56 E LC- 206. Lc- 75. 4.5 PAGE STATE Pop 3' of 3 TEXA!