15-035RESOLUTION NO. 15-035
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 OR FOR OTHER PUBLIC USES PERMITTED BY LAW
WHEREAS, the City of Southlake is in the process of constructing public roadway
improvements along North White Chapel Boulevard (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, Nina Louise Dunn, (the "Dunn
Properties"), 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 0.0921 acre right of way on the
Properties, as more particularly described on the attached Exhibit "A" and depicted on the attached
Exhibit "A"Page 3 of 3.
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
(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 roadway improvements, which is a public use
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 Z day of 3_,_riC, 2015.
v
�,.F'�� Mtty4, City of Southlake
ATTEST: oi6I LAkM D T Q_ /J I
• • ` �\
•
•Cnz •
•
Cori Payne,C Secret-,
.Nunr9Uts,``
Page 2
EXHIBIT "A"
County: Tarrant Page 1 of 3
Street: North White Chapel Boulevard Date: August 21, 2012
HZ Job No. 01-3 991-01
Description for Parcel 16
BEING, 4,012 square feet of land, more or less, in the Thomas M. Hood Survey, Abstract
No. 706, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed by deed to Nina Louise Dunn, as recorded in Volume 7347, Page 575 and Volume
7347, Page 572 of the Deed Records of Tarrant County, Texas (D.R.T.C.T), said 4,012
square feet of land being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found at the northeast corner of Lot 1, Block 2 of the
Carroll ISD No. 2 Addition, an addition to the City of Southlake as recorded in Cabinet A,
Slide 4516 of the Plat Records, Tarrant County, Texas (P.R.T.C.T.);
THENCE, along the northerly line of said Lot 1, North 89 degrees 13 minutes 49 seconds
East a distance of 1.64 feet to a point for a corner on the new westerly right-of-way line of
North White Chapel Boulevard and being the POINT OF BEGINNING having NAD 83
(HARN 1993) Texas State Plane, North Central Zone (4202) surface coordinates of North
7033618.41, and East 2382578.01;
1) THENCE along the new westerly right-of-way Iine of North White Chapel Boulevard,
North 00 degrees 07 minutes 20 seconds West a distance of 47.10 feet to a 5/8 inch iron
rod set with plastic cap stamped "Huitt-Zollars" at the beginning of a curve to the left
having a delta angle of 01 degrees 08 minutes 15 seconds, a radius of 4,952.00 feet, being
subtended by a chord which bears North 00 degrees 41 minutes 28 seconds West, a
distance of 98.32 feet;
2) THENCE along the new westerly right-of-way line of North White Chapel Boulevard
and said curve to the left an arc length of 98.32 feet to a 5/8 inch iron rod set with plastic
cap stamped "Huitt-Zollars" at the end of said curve and being on the northerly line of the
aforementioned Dunn tract (Vol. 7347, Pg. 572);
3) THENCE departing the new westerly right-of-way line of North White Chapel
Boulevard, North 88 degrees 22 minutes 16 seconds East a distance of 28.33 feet along
the northerly line of said Dunn tract to a point for corner on the existing westerly right-of-
way line of North White Chapel Boulevard;
4) THENCE along the existing westerly right-of-way line of North White Chapel
Boulevard, South 00 degrees 06 minutes 30 seconds East a distance of 145.86 feet to a
point for corner on the southerly line of said Dunn tract;
5) THENCE along the northerly line of said Dunn tract, South 89 degrees 13 minutes 49
seconds West a distance of 27.31 feet to the POINT OF BEGININNG and containing
4,012 square feet of land, more or less.
EXHIBIT "A"
County: Tarrant
Street: North White Chapel Boulevard
HZ Job No. 01-3 991-01
Description for Parcel 16
Page 2 of 3
Date: August 21, 2012
BASIS OF BEARING: Survey control for White Chapel Boulevard is based on City of
Southlake control monuments #22, #26 & #30. Project coordinate values are State Plane
NAD 1983(HARN 1993), North Central Texas Zone 4202, adjusted to surface using a factor
of 1.000155478. To convert project coordinates back to grid (true state plane) multiply by
0.999844546.
For: Huitt-Zollars, Inc.
a
�
Eric J. oudyoiasso
a
osow ay......
Registered Professional Land Surveyor
ERfC JOHN YAEIOUDY
- •..4`91.6••
Texas Registration No. 4862
foO: �d V•oOY.
:,c, 4862
Huitt-Zollars, Inc.
tg'••�,�a a'�'
e. ass;
1717 McKinney Avenue
,•
'q`D at,![�°1 �
Suite 1400
Dallas, Texas 75202-1236
Ph. (214) 871-3311
Date: August 21, 2012
ROW K� 47.10 N 88.22'16"E
CAB. AD DEDICATION
S 89'13'49"W 1$28.33 '
D.R.T.C.T. ,�• 27.31' y
®,
m
5....SS�Ob�'3 E �. 14 86' .
�.' . 1L..�.-..,
N. WHITE CHAPEL BOULEVARD
E E E
x ---g � x
- 10' UTILITY ESMT.
LDING LINE
EXHIBIT "A"
LOT 8, BLOCK 1
GARY Y. WANG
Page 3 o f 3
GRAPHIC SCALE
M �I}��/��� (\�� �j}�V(��� M
7u M. HOODTHWEY
D. R. T. C. T.
\SAWYER
mm
D'25' 50'
UOMAS
DOWNS
DEBORA&BREN
SURVEY CONTROL FOR W�IITE CHAPEL BLVD. IS BASED ON CITY OF
(\��i�I lrI(II�., I���V��
A � 8 ACT
CAB. A, SLIDE 386
INST. 67
SOUTHLAKE CONTROL MONUMENTS #22, M26 & #30. PROJECT
COORDINATE STATE ,
CENTRAL LTEXAS UES RZONE TONE NAG {SURFACHARN E USING A
U ll U400
(924 DOVE CREEK TR.)
NORTH 4202,E ADJUSTED
FACTOR OF 1.000155478, TO CONVERT PROJECT COORDINATES BACK
•
OF WAY BOUNDARY LINE
TO GRID (TRUE STATE PLANE) MULTIPLY BY 0.994844546.
CARROLL ISD NO. 2 ADDITION
RT LI
PROPERTY LINE
NOTE, THIS MAP IS AN INTERNAL CITY OF SOUTHLAKE DOCUMENT,
CAB. A, SLIDE 4516
EXISTING EASEMENT UNE ------------------
ITS CONTENTS SHALL NOT BE USED FOR ANY OTHER PURPOSE.
P.R.T.C.T,
P.0.8. - POINT OF BEGINNING
4 BARBARA ANN HARTZ
D.R.T.C.T. - DEED RECORDS TARRANT COUNTY TETRAS
P.R.T.C.T. - PRAT RECORDS TARRANT COUNTY TEXAS
IRF - IRON ROD FOUND
VOL.7632, PG.2174
LOT 1, BLOCK 2
'HUITi-20UAR5`, UNLESS OTHERWISE NOTED
NINA LOUISE DUNN
VOL.7347, PG. 575
z n D.R.T.C.T.
O a (CURRENTLY BARBARA ANN PATY)
THE BOARD OF TRUSTEES OF THE CARROLL
INDEPENDENT SCHOOL DISTRICT
D.R.T.C,T.d
V u (1000 N. WHITE CHAPEL BLVD.)
VOL.12395, PG.108710' UTILITY LSMT.
(950 N. WHITE CHAPEL BLVD.)
H-
D.R.T.C.T.
a
a(1501
W. SOUTHLAKE BLVD.)
Z
z� &01'08'15'
P.O.C. 16
1/2" IRF
P.O.B. 16
'
x
L=98.32'00
N: 7033618.41
E: 2382578.01
NOT SET
CB=N 00'41'28"W
CH=98.32'
N 89"13 49"E - 1.64
71""w
ROW K� 47.10 N 88.22'16"E
CAB. AD DEDICATION
S 89'13'49"W 1$28.33 '
D.R.T.C.T. ,�• 27.31' y
®,
m
5....SS�Ob�'3 E �. 14 86' .
�.' . 1L..�.-..,
N. WHITE CHAPEL BOULEVARD
E E E
x ---g � x
- 10' UTILITY ESMT.
LDING LINE
LOT 8, BLOCK 1
GARY Y. WANG
VOL.16921, PG.25
D. R. T. C. T.
\SAWYER
(925 DOVE CREEK TR.)
LorCHAPEL
DOWNS
DEBORA&BREN
CAB. A, SLIDE 386
INST. 67
P. R. T. C. T.
(924 DOVE CREEK TR.)
LEGEND
EXISTING ROADWAY RICHT
OF WAY BOUNDARY LINE
RIGHT w LINE
RT LI
PROPERTY LINE
SURVEY LINE
EXISTING EASEMENT UNE ------------------
P,O,C, - POINT OF COMMENCING
P.0.8. - POINT OF BEGINNING
D.R.T.C.T. - DEED RECORDS TARRANT COUNTY TETRAS
P.R.T.C.T. - PRAT RECORDS TARRANT COUNTY TEXAS
IRF - IRON ROD FOUND
O- 5/8' IRON ROD SET WITH YELLOW PLASTIC CAP STAMPED
'HUITi-20UAR5`, UNLESS OTHERWISE NOTED
10' umin ES14r
7,5' UEUTY ESMT. MUM
jA(j jj . [HALL j� jj L
7.5' UTILITY ESMT [II�UV IU�VVNUI W W ll�[lUy 11.1
����Lm �o
10' UTILITY ESMT.
/ LOT 7, BLACK 1 I
/ STANLEY C. KOTHMANN
& MARGARET E, KOTHMANN
VOL.11958, PG.1722
D.R.T.C.T.
(923 DOVE CREEK TR.)
A PLAT OF A SURVEY OF PARCEL 16
FOR N. WHITE CHAPEL BOULEVARD
A 4,012 SQ. FT. TRACT OF LAND
IN THE THOMAS M. HOOD SURVEY
ABSTRACT NO. 706
CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
AUGUST 21, 2012
0
RWEY
7
7.5 UTILITY ESMT
HZ: 01-3991-01