R313RESOLUTION NO. 313
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING
LEGAL COUNSEL TO PROCEED WITH CONDEMNATION OF A
PORTION OF AN APPROXIMATELY 17.92 ACRE TRACT OF LAND
SITUATED IN THE C.B. TEAGUE SURVEY, ABSTRACT 1506, TARRANT
COUNTY, TEXAS FOR A WATER LINE EASEMENT
WHEREAS, the City of Kennedale ("the City") desires to acquire a permanent
easement and a temporary easement on the property described below in orderto construct
certain municipal improvements, specifically a water line and/or other public purposes
permitted by law, in order to serve existing and future developments in the City and the
citizens of the City; and
WHEREAS, the City made an initial offer to the property owner to purchase the said
property; and
WHEREAS, the City has provided to the property owner a copy of the Land Owner's
Bill of Rights, as required by law; and
WHEREAS, the City and the owner of the said property have been unable to reach
an agreement on the acquisition of this property; and
WHEREAS, the City Council now deems it necessary to authorize the City Attorney
to initiate condemnation proceedings in orderto acquire fee simple title to such property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
The City Council of the City of Kennedale, Texas, hereby finds and determines that
the recitals made in the preamble to this Resolution are true and correct, and incorporates
such recitals herein.
SECTION 2.
The City Council of the City of Kennedale, Texas, hereby finds and determines that
a public necessity exists for the City of Kennedale, Texas to acquire a permanent easement
on an approximately 0.066 acre tract of land as described and depicted on the attached
Exhibits "1 "and " 2", including any existing or proposed easements located thereon, and for
a temporary construction easement on a 0.070 acre tract of land as described and depicted
on the attached Exhibits "3" and "4", including any existing or proposed easements located
thereon, both tracts being for a water line and/or other public purposes permitted by law.
SECTION 3.
The City Manager and City Attorney are authorized to comply with the statutes of the
State of Texas with reference to the necessary legal prerequisites existing or relating to the
W:\Kennetlale\Watedine B Project\Raceway Properties\Bruce Johnson Resolutbn Authorizing Contlemnation.wptl Page 1
exercise of eminent domain to appropriate said property for the purpose of a water line
and/or other public purposes permitted by law.
SECTION 4.
The owners claiming an interest in said property are Bruce Johnson, Trustee, who
may be contacted at 12720 Hillcrest Road, Suite 280, Dallas, Texas 75230 and any holder
of existing or proposed easements located theron.
SECTION 5.
The City Council finds that such acquisition in this condemnation action is necessary
in order to serve the public health, safety and welfare.
PASSED, APPROVED and EFFECTIVE this 14 day of January , 2010.
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EXHiB1T "A"
LEGAL. DESCR1PTiON
PERMANENT WATER LINE EASEMENT
KENNEDALE 16" WATER LINE 'B'
BEING 0.066 acre of land located in the C.B. TEAGUE SURVEY, ABSTRACT
No. 1506, Tarrant County, Texas, and being a portion of the tract of land
conveyed to Bruce Johnson, Trustee, by the deed recorded in County Clerk's fife
No. D20518457U, of the Deed Records of l~arrant County, Texas. Said 0.066
acre of land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the West boundary line said Johnson Tract, and tying
N 00°24'3D" W 218.28 feet, from a '/~' iron rod found marking the
Southwest corner of said Johnson Traci;
TIiENCE N UO° 7.4' 30" W 10.00 feet, along the West boundary line of
said Johnson Tract, to a point;
THENCE N 89° 06' 41" E 7D.00 feet, to a point;
THENCE S 00° 24' 30" E 227.06 feet, along a line 70.00 feet East of and
parallel to the West boundary line of said Johnson Tract, to a point in the
South boundary line aforesaid Johnson Tract:
~fHENCE 5 $8° 06' 45" W 10.00 feet, along the South boundary line of said
Johnson Tract, to a point;
THENCE N 00° 24' 30" W 217.24 feet, along a line 60.00 feet Easi of and
parallel to the West boundary line of said Johnson Tract, to a point;
THENCE S 89° 06' 41" W 60.00 feet, THE POINT OF BEGINNING,
containing D.066 acre (2,872 square feet) of land.
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EXHIBIT
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EXHI@lT "A"
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N S9°06'41h'E EASEMENT, 0.066 ACRE
_ _ _ 70.00' I 2,872 so.FT.
IN 00°24'30"W
10.00'
JONAH DRIVE I BRUCE JOHNSON, TRUSTEE
S 9°06'41 "W CC No.D205184570
I+ POINT OF 160.00' D.R.T.C.T.
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CITY OF KENNEDALE 405 MUNICIPAL DRIVE
KENNEDALE, TEXAS, 76060
KENNEDALE 16" 6Y,4 TER L/NE ''B'
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BRITTAIDt ~C~tAAk`ORD EASEMENT -
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FORT xRtR, reznl nllo ABSTRACT NO. 1506 suR~
T COUNTY, TEXAS
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EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
KENNEDALE 16" WATER LINE 'B'
BEING 0.070 acre of land located in the C.B. TEAGUE SURVEY, ABSTRACT
No. 150G, Tarrant County, Texas, and being a portion of the tract of land
conveyed to Bruce Johnson, Trustee, by the deed recorded in County Clerk file
No. D205184570, of the Deed Records of Tarrant County, Texas. Said 0.070
acre of land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the West boundary line said Johnson Tract, and lying
N 00°24'30" W 228.28 feet, from a ''/z" iron rod found marking the
Southwest corner of said Johnson Tract;
THENCE N 00° 24' 30° V~r 10.00 feet, along the West boundary line of
said Johnson Tract, to a point;
THENCE N 89° 06' 41" E 80.00 feet, to a point;
THENCE S 00° 24' 30" E 236.89 feet, along a line 80,00 feet East of and
parallel to the Wesi boundary line of said Johnson Tract, to a point in the
South boundary line aforesaid Johnson Tract;
THENCE S 88° 06' 45" W 10.00 feet, along the South boundary line of said
Johnson Tract, to a point;
THENCE N 00° 24' 30" W .227.06 feet, along a line 70.00 feet East of and
parallel to the West boundary line of said Johnson Tract, to a point;
THENCE S 89° 06' 41" W 70.00 feet, THE POINT OF BEGINNING,
containing 0.070 acre (3,070 square feet) of land.
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$0.00' I ~--EASEMENT, 0.070 ACRE
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POINT OF_~ ~ ( BRUCE JOHNSON, TRUSTEE
JONAH DRiYE BEGINNING S 9°06'41 "W I CC No. D2D5184570
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CITY OF KENNEDALE 405 MUNICIPAL DRNE
KENNEDALE, TEXAS, 76060
KENNEDALE 16" WATER L/NE 'B'
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KF1-KENM[. -~z AUGUST 28, 2009
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10' TEMPORARY CONSTRUCTION
EASEMENT
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0.070 ACRE OF LAND r~°°*`~a;,
LOCATED 1N THE w[6 L BRIITAN
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