12-007 OFFICIAL RECORD
RESOLUTION NO. 12 -007
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION
ACTION FOR THE PURPOSE OF OBTAINING EASEMENTS FOR
CONSTRUCTION AND MAINTENANCE OF WATER SUPPLY LINE
IMPROVEMENTS AND APPURTENANCES AND FOR OTHER PUBLIC
PURPOSES PERMI'11'ED BY LAW
WHEREAS, the City of Southlake is in the process of constructing a 30" water
transmission main along S.H. 114 (the Project") to connect to the T.W. King Pump Station 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 an easement from property owners who own land across which the Project will be located;
and
WHEREAS, the City and the owner of the property, Maguire Partners LP- Solana, (the
'Maguire Property "), have been unable to reach an agreement on the acquisition of the needed
easement; 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 0.448 acre right of way, as more
particularly described on the attached Exhibit "A -1" and depicted on the attached Exhibit `B -1"
and a 0.324 acre temporary construction easement , as more particularly described on the attached
Exhibit "A -2" and depicted on Exhibit "B -2 ".
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.
St
ADOPTED this a l day of CC.bv L,► u- , 2012.
CM, 010
Mayor, City of Sou e.,: e
ATTEST: ,,,,,,,,,,,,,,,,,,
v' %, , • ,
Alicia Richardson, City Secretaiylt m
0 °
*
EXHIBIT "A -1"
LEGAL DESCRIPTION
30' PERMANENT WATER LINE EASEMENT
BEING a 30 foot wide strip of land located within Lot 1, Block 1, Westlake /Southlake Park
Addition No. 1, to the Town of Westlake, Tarrant County, Texas, according to the plat
recorded in Volume 388 -214, Page 78, of the Plat Records of Tarrant County, Texas. Said
30 foot wide strip of land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the North boundary line of said Lot 1, and said Point of
Beginning being located S 89 °26' 14" W 52.49 feet from the Northeast corner of said Lot 1;
THENCE S 33 °37' 53" E 105.61 feet, to a point;
THENCE S 12 °35' 12" W 29.07 feet, to a point at the West corner of an existing
Southwestern Bell Telephone Co. easement, recorded
in Volume 2288, Page 436, of the Deed Records of
Denton County, Texas;
THENCE S 32 °2T 57" E 50.00 feet, along the Southwest boundary line of said
telephone easement, to a point at the South corner of
said telephone easement;
THENCE S 77 °24' 34" E 31.91 feet, to a point;
THENCE S 33 °37' 53" E 376.12 feet, to a point;
THENCE S 78 °42' 43" E 13.81 feet, to a point;
THENCE N 54 °52' 25" E 9.32 feet, to a point in the Southwest right -of way line
of State Highway No. 114, and the Northeast boundary
line of said Lot 1;
THENCE S 29 °30' 13" E 30.15 fret, along the Southwest right -of -way line of
said State Highway No. 114, to a point;
THENCE S 54 °52'25" W 19.23 feet, to a point;
THENCE N 78 °4T43" W 39.13 fret, to a point
THENCE N 33 °37'53" W 376.52 feet, to a point;
THENCE N 77 °24'34" W 32.29 feet, to a point;
THENCE N 32 °22'57" W 74.85 feet, to a point;
THENCE N 12°35'12" E 28.68 feet, to a point;
050405 000001 FTWORTH 180159 A -1
THENCE N 33 °37'53" W 92.00 feet, to a point;
THENCE N 36 °42'30" W 21.11 feet, to a point in the North boundary line of said
Lot l;
THENCE N 89 °26' 14" E 37.15 feet, along the North boundary line of said Lot
1, to the POINT OF BEGINNING, containing 0.448
acre (19,494 square feet) of land.
050405 000001 FTWORTH 180159 A -2
EXHIBIT "B-1"
SURVEY
PERMANENT WATERLINE EASEMENT
N i \ EXHIBIT "B"
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PARK ADDITION No. I R:
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WESTLAKE/SOUTH1AKE
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PARK ADDITION No,1
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TARRANT COUNTY, TEXAS S 1".'-'60'
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EXHIBIT "A -2"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
20' TEMPORARY CONSTRUCTION EASEMENT
BEING a 20 foot wide strip of land located within Lot 1, Block 1, Westlake /Southlake Park
Addition No. 1, to the Town of Westlake, Tarrant County, Texas, according to the plat
recorded in Volume 388 -214, Page 78, of the Plat Records of Tarrant County, Texas. Said 20
foot wide strip of land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the North boundary line of said Lot 1, and said Point of Beginning
being located S 89 °26' 14" W 89.64 feet from the Northeast comer of said Lot 1;
THENCE S 36 °42' 30" E 20.11 feet, to a point;
THENCE S 33 °37' 53" E 92.00 feet, to a point;
THENCE S 12 °35' 12" W 28.68 feet, to a point;
THENCE S 32 °22' 57" E 74.85 feet, to a point;
THENCE S 77 °24' 34" E 32.29 feet, to a point;
THENCE S 33 °37' 53" E 376.52 feet, to a point;
THENCE S 78 °42' 43" E 39.13 feet, to a point
THENCE N 54 °52' 25" E 19.23 feet, to a point in the Southwest right -of -way line
of State Highway No. 114, and the Northeast boundary
line of said Lot 1;
THENCE S 29 °30' 13" E 20.10 feet, along the Southwest right -of -way line of
said State Highway No. 114, to a point;
THENCE S 54 °52' 25" W 25.83 feet, to a point;
THENCE N 78 °42' 43" W 56.02 feet, to a point;
THENCE N 33 °37' 53" W 376.78 feet, to a point;
THENCE N 77 °24' 34" W 32.54 feet, to a point;
THENCE N 32 °22' 57" W 91.42 feet, to a point;
THENCE N 12 °35' 12" E 28.43 feet, to a point;
THENCE N 33 °37' 53" W 82.93 feet, to a point;
050405 000001 FTWORTH 180159 A -1
THENCE N 36 °42'30" W 35.18 feet, to a point in the North boundary line of said
Lot 1;
THENCE N 89 °26' 14" E 24.77 feet, along the North boundary line of said Lot 1, to
the POINT OF BEGINNING, containing 0.324 acre (14,129
square feet) of land.
050405 000001 FTWORTH 180159 A -2
EXHIBIT "B-2"
SURVEY
TEMPORARY CONSTRUCTION EASEMENT
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PARK ADDITION No. 1
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SOUTHLAKE, TX 0 .b- t : TTI _ LAKE ', ',9. -
14co Mom St., Sta. 320 . ICANS i , ,..
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20' WIDE TEMPORARY E ,
- BRI'FFAIN & CRAIWORD CONSTRUCTION 2
LAND SURVEYING Ac
EASEMENT
TOPOGRAPHIC MAPPING
0.324 ACRE OF LAND --.--- =-- 1
EA .16-43 - vcRo AH') ,
951 1 LOCATED WITHIN LOT 1. BLOCK I
•0 905 13 • mg, ,AAH on..
now .0100 5...05 .5 05 IESTLAKE/SOUTHLAKE, PARK ADDITION
PI, ...........--.....t...... No.1, CITY OF WESTLAKE,
TARRANT COUNTY. TEXAS SCALE 1" ()' .,
'',K G ) DA \ FN \ ._ DWG
050405 00 0001 FTWORTH 180159 B- 1