14-026 RESOLUTION NO. 14 -026
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, Barbara Ann Paty, (the "Paty
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 0.2081 acre right of way 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:
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(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 3day of e . , 2014.
alk
Mayor, City of Southlak
ATTEST: ,,,,«„,,,,,,,,,,,,
Alicia Richardson, City Secreta
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