Q13 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION ANDIOR CONDEMNATION FOR PUBLIC USE.

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1 FOR PUBLIC USE. PROPERTY AD AUTHORIZIG ITS APPROPRIATIO ADIOR CODEMATIO A RESOLUTIO DETERMIIG UPO THE ECESSITY OF ACQUIRIG REAL Q13 SECTIO 2. That public necessity requires that the CITY acquire the PROPERTY ITEREST in the PROPERTY for the PROJECT. SECTIO 1. That the USE of the PROPERTY for the PROJECTs a public use. BE IT RESOLVED BY THE CITY COUCIL OF THE CITY OF DALLAS: expenses not to exceed $2,200) AUTHORIZED AMOUT : $53,203 ($51,003, plus closing costs and title CLOSIG COSTS AD TITLE EXPESES : ot to exceed $2,200 OFFER AMOUT : $51,003 regardless of whether those persons are actually named herein. used in this resolution means all persons having an ownership interest, OWER : RAS Enterprise, Inc., provided, however, that the term OWER as PROPERTY ITEREST : Water Easement may be necessary. transmission of treated water together with such appurtenant facilities as USE : The installation, use, and maintenance of a pipeline or lines for the PROJECT : Garland Road Water Main Project Exhibit A, attached hereto and made a part hereof for all purposes. County and being the same property more particularly described on the PROPERTY : Approximately 3,117 square feet of land located in Dallas CITY: The City of Dallas shall apply: DEFIITIOS: For the purposes of this resolution, the following definitions of terms

2 August 28, 2013 SECTIO 3. That for the purpose of acquiring the PROPERTY ITEREST in the PROPERTY. the Assistant Director of Sustainable Development and Construction. Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUT as payment for the PROPERTY ITEREST in the PROPERTY. SECTIO 4. That in the event the OWER accepts the OFFER AMOUT, the City Controller is authorized and directed to draw a warrant in favor of the OWER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUT, CLOSIG COSTS AD TITLE EXPESES payable out of Water Utilities Capital Construction Funds, Fund o 0102, Department DWU, Unit CW4O, Activity MPSA, Program o , Object 4250, Encumbrance o. CT-DWU709185EA5. The OFFER AMOUT and the CLOSIG COSTS AD TITLE EXPESES together shall not exceed the AUTHORIZED AMOUT. SECTIO 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds. SECTIO 6. That if the OWER refuses to accept the OFFER AMOUT, the CITY will appropriate the PROPERTY ITEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY ITEREST in the PROPERTY by condemnation or in any manner provided by law SECTIO 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). SECTIO 8. That to the extert the PROPERTY is being purchased wh y or partly with bond proceeds CITY has obtained an independ nt appraisal of the PROPERTY S market vaiue. SECTIO 9. That owner has been provided with a copy of the Landowners Bill nf Rights as required by Texas Property Code Section

3 1i A5fl 1. August 28, 2013 SECTIO 10. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a Check drawn on the previously described funds in an amount not to exceed the Commissioner& award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council. SECTIO 11. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: THOMAS P. PERKIS, JR., City Attorney BY Assistant City Attorney j

4 5>: at, T andates 1r Page 1006 said bearing b,i Soutr 45 28C0 line of White Rock Marketplace, as recoraed n Volume c>so ci Beings: Bearos L aed upoc,he >:u neastei r, ri r ri- r J t-,r 4-4 i. ft. st r t - POifIT JE BEGFb I t1err to lb C l 3 05 b me SuUti lao of ad L o.5 Bloc 34,53 0a aod the north ic ra- a visbiiit\. clip on toe northwest ngbt-o 5-wav inc at aforesaid Cariand Road State Highway o 78: faett a $..ich KilA apped!f;fl ad set nra c.orior n the cuth line of said Loi. 16, ame bend or. afoiesau said a r tra a d aloij the o if s I r f said 5 v e U Electn Easemen, ista e f 53.5 THECE South OO West. departing the northeast line of said acre tract and the southwest line of line of a 1 5 wide F Ii. F-lertric Easement as dedicated in said White Rock Marketplace, acre tract, a distance of feet to a 58-inch KHA capped iron rod set for a corner on the northwest THECE South 4a East, along the northeast line of said acre tract and the southwest line of said O RD C T, Comerca Bank Texas as evidenced in a Special Warranty Deed recorded in Volume 93063, Page aforesaid acre tract, same being the southwest line of a called acre tract of land conveyed o to 73k, a distance of feet to a 58-inch KHA capped iron rod set for a corner on the northeast line of southeast line of said Lot 16 and the northwest ight of-way line of aforesaid Garland Road (State Highway o THECE orth OO East, departing the southwest line of said Lot 16, Block and the northeast right-of-way line of said Loct wood Avenue ar d along a line th& is 27.5 feet nort of and parallel with the corner; THECE orth OO West, along the southwest line of said Lot 16 Block and the northeast right-of-way line of said Lochwood Avenue, a distance of feet to a 58-inch KHA capped iron rod set for a Lochwood Avenue (a called 60 wide right-of-way>; southwest corner of said Lot 16, Block , same being at the intersection of the northwest right-of-way line BEGIIG at an aluminum TXDoT right-of-way monument found for the westerly corner of a visibility clip at the of Garland Road (State Highway o 78), a called 100 wide right-of-way with the northeast right-of-way line of Lien, recorded in Document o of the Official Public Records of Dallas County, Texas 10 c f r C r yea ta he.as L tcrp ses, Inc as c idenced ii a vvarranty [ eed with e do Marketplace. an Addition to the City of Dallas, Texas. accoraing to the Map or Plat thereof recorded in Volume 91170, Page 1006 of the Deed Records of Dallas County, Texas (D.R.D Ci ) and being situated in a called (O.P.R D.C.T.), and being more particularly described by metes and bounds as follows: Dallas, Dallas County, Texas and being a tract of land situated in Lot 16 Block of White Rock BEIG a 3,117 square feet rack of land situated in the McKinney & Williams Survey, Abstract o. 1002, City of EXtBITA 13148

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