Auqust 27, For the purposes of this resolution, the following definitions of terms. shall apply: CITY : The City of Dallas

Transcription

1 COUNCIL CHAMBER Auqust 27, 2014 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION ANDOR CONDEMNATION FOR PUBLIC USE. DEFINITIONS: shall apply: For the purposes of this resolution, the following definitions of terms CITY : The City of Dallas PROPERTY : Consisting of approximately 57,609 square feet in area, lying between the subsurface elevations of 43 feet and 223 feet (U.S. Survey Feet), inclusive, North American Vertical Datum of 1988, located in Dallas County, Texas, the boundary of which property being more particularly described in Exhibit A, attached hereto and made a part hereof for all purposes. PROJECT : Mill CreekPeaks BranchState Thomas Drainage Relief Tunnel Project USE : The below ground construction, installation, use, and maintenance of a deep tunnel for transmission of storm drainage. PROPERTY INTEREST : Flood Control Tunnel Easement OWNER : Stonewood Terrace Apartments, Ltd., provided, however, that the term OWNER as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. OFFER AMOUNT : $31, CLOSING COSTS AND TITLE EXPENSES : Not to exceed $3, AUTHORIZED AMOUNT : $34, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT.

2 COUNCIL CHAMBER Auciust 27, 2014 SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Department of Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY. SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT payable out of 2006 Bond Funds: Fund No. 1T23, Department TWM, Unit T525, Activity SDRS, Program No. PB06T525, Object 4210, Encumbrance No. CT-PBW06T525L5, CLOSING COSTS AND TITLE EXPENSES payable out of 2006 Bond Funds: Fund No. 1T23, Department TWM, Unit T525, Activity SDRS, Program No. PB06T525, Object 4230, Encumbrance No. CT-PBW06T525L6. The OFFER AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay the CLOSING COSTS AND TITLE EXPENSES. 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. SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST 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 proceeding(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. SECTION 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 proceedings or suit(s). SECTION 8. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY S market value. SECTION 9. That OWNER has been provided with a copy of the Landowner s Bill of Rights as required by Texas Property Code Section

3 Cty COUNCIL CHAMBER Auçust 27, 2014 SECTION 10. That in the event the City Attorney files a condemnation proceeding because the OWNER refused to accept the OFFER AMOUNT; and in the event the special commissioners appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the condemnation proceeding, or if the condemnation proceeding becomes a lawsuit, the lawsuit, for amount not to exceed the OFFER 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 OFFER AMOUNT 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; and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed $3, for CLOSING COSTS AND TITLE EXPENSES in favor of the title company closing the transaction described herein. The Award, CLOSING COSTS AND TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 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: WARREN M. S. ERNST, City Attorney APPROVED BY city COUNCIL AUG BY Assistait City Attorney Secreta

4 SUB-SURFACE DRAINAGE TUNNEL EASEMENT City of Dallas Drawing No. 423R-54 (Parcel 100) SQ. Ft. or Acres City of Dallas Block 6123 And City of Dallas Block of Lots 1, 2 & 3 of South Dallas Gardens Addition Thomas Lagow Survey, Abstract No.759 City of Dallas, Dallas County, Texas From Stonewood Terrace Apartments Ltd. Part EXHIBIT A Being a 57,609 square feet or acre tract of land situated in the Thomas Lagow Survey, Abstract No. 759, in the City of Dallas, Dallas County, Texas, being part of Block 6123 of the Silas Lagow Partion Land out of Thomas Lagow League by Volume 250, Page 234, and being part of Lots 1, 2 & 3, Block of the South Dallas Gardens Addition, recorded in Volume 1, Page 448, of the Map Records of Dallas County, Texas, and also being a part of a tract of land conveyed to Stonewood Terrace Apartments Ltd. (herein called, Sionewood Terrace tract) by Special Warranty Deed recorded by Volume , Page 5188 of the Official Public Records of Dallas County, Texas, and being more particularly described as follows: NOTE: 1. Subsurface easement corners are not monumented. 2. All Coordinates are State Plane on grid. All Distances are Surface Distances. Surface Adjustment Scale Factor: COMMENCING at a found angle Iron (Controlling Monument) being a southwest corner of said Stonewood Terrace tract, and being in the northwest line of a tract of land conveyed to City of Dallas by deed recorded in Volume 86121, Page 106 of the Deed Records of Dallas County, Texas, and being the northeasterly corner of a tract of land conveyed to Common Ground Community Economic Development Corporation, recorded in Volume 85101, Page 2973 of the Deed Records of Dallas County, Texas, being in the common Lot line of Lot 4 and said Lot Block 66122; THENCE North East, with the said Common line of said Lots 3 and 4, Block , with the said line of said City of Dallas tract, with the southeast line of said Stonewood Terrace Tract, a distance of feet to the POINT OF BEGINNING having coordinates of N= , E= , being in the east line of said Stonewood Terrace tract, being the west line of said CIty of Dallas tract, and the southeast line of said Lot 3, Block 66122; THENCE North West, departing the said common Lot line of Lots 3 and 4, Block said line of said City of Dallas tract and said southeast line of Stonewood Terrace tract and over and across said Stonewood Terrace Tract and said South Dallas Gardens Addition, a passing distance of feet being the common line of Lot 2 and said Lot 3 of said Block 66122, a passing distance of feet, being in the common line of Lot I and said Lot 2 of said Block , a passing distance of feet, being the northwest line of said Lot 1, Block 66122, and being the northwest subdivision line of said South Dallas Gardens Addition, and being the common Block line of said Block and said Block 6123, and said Silas Lagow Partition, having a total distance of feet, to a point in the northwest line of said Stonewood Terrace tract and the south Right-of-Way line of Dixon Avenue (50 Right-of-Way) dedicated by the South Dallas Gardens Addition, an Addition to the City of Dallas, Recorded in by Plat in Volume 5, Page 177 of the Map Record of Dallas County, Texas, having coordinates of N= , E= ; 3, 1 OF 3 FIELD \OTES PPROVI D 4

5 SUB-SURFACE DRAINAGE TUNNEL EASEMENT EXHIBIT A City of Dallas Drawing No. 423R-54 (Parcel 100) 57,609 SQ. Ft. or Acres City of Dallas Block 6123 And City of Dallas Block Part of Lots 1, 2 & 3 of South Dallas Gardens Addition Thomas Lagow Survey, Abstract No.759 City of Dallas, Dallas County, Texas From Stonewood Terrace Apartments Ltd. THENCE North East, with the south Right-of-Way line of said Dixon Avenue and the said northwest line of Stonewood Terrace tract, a distance of feet, to a point in the northwest line of said Stonewood Terrace tract and the southeast Right-of-Way line of said Dixon Avenue, having coordinates of N= , E= ; THENCE South East, Departing the south Right-of-Way line of said Dixon Avenue and the northwest line of Stonewood Terrace tract and over and across said Stonewood Terrace tract and said South Dallas Gardens Addtion, a passing distance of feet, being in the northwest line of said Lot 1, Block , being in the northwest subdivision line of said South Dallas Gardens Addition, and being the common Block line of said Block and said Block 6123 and said Silas Lagow Partition, a passing distance of feet, being in the common line of said Lots I and 2, Block 66122, a passing distance of feet, being in the common line of said Lots 2 and 3, Block 66122, having a total distance of feet, to a point in the east line of said Stonewood Terrace tract and the west line of said City of Dallas tract, and being in the common line of Lot 3 and Lot 4, Block 66122, having coordinates of N= , E= ; THENCE South West, with the said common line of Lots 3 and 4, Block and with southeast line of said Stonewood Terrace tract, a distance of feet, to the POINT OF BEGINNING, and containing 57,609 square feet or acres of land. BASIS OF BEARING: State Plane Coordinate System, Texas North Central Zone (4202), North American Datum of All Coordinates are State Plane on grid. All Distances are Surface Distances. Surface Adjustment Scale Factor: C) : 6eJ4 : r,, RELI) NO ) ArRO D 2 OF 3

6 CI1Y OF DALLAS EXHIBIT A DALLAS AREA RAPID TRANSIT VOLUME PAGE D.R.D.C.T 1O EASEMENrFOR STREET PURPOSES VOLUME 109 PACE 1184 THOMAS LAGOW SURVEY N D.R.D.C.1: ABSTRACT 759 %c 4!4 JO E go.oo \ N= E= STONEWOOD TERRACE APARTMENTS LiD. 7 VOLUME PAGE 5188 QP.R.D.C.T SCALE IN FEET T = 100 \. N= \.. -. E= LOT 24 CJ1Y BLOCK 6123 PAR7711ON OF SILAS LA COW LAND VOL. 250, PG. 234 STONEWOOD TERRACE APARTMENTS LiD. VOLUME PAGE 5188 O.RR.D.C. T I, SOUTH DALLAS GARDENS ADDI lion VOL. 1, PC. 448 M.R.D.C. T 66122, LOT2 LOT 7 \ \ \ \ \; %%%% \ \ \ \,:- ç\ LOT 4 IJHE flpeiegend RIGHT OF WAY BOUNDARY PROPERTY LINE EASEMENT BOUNDARY BLOCK LINE COMMON OWVER LOTLINE SUBDfrTSION LINE P.0.6. RaG. CM IPFO VOL. XX, PG. XX 12 IRS INTj M.R.D.C.T O.P.R.D.C. T LEGEND POINT OF BEGINMNG POINT OF COMMENCING CONTROLLING MONUMENT IRON PIPE FOUND (size AS NOTED) VOLUME Xk PAGE XX IRON ROD SET 1411H YELLOW CAP STAMPED SGI RPLS 3664 INSTRUMENT NUMBER DEED RECORDS OP DALLAS COUN1Y TEXAS MAP RECORDS OF DALLAS COUNT) TEXAS OFFiCIAL PUBLIC RECORDS OF DALLAS COUNT1 TEXAS METAL ANGLE IRON EIERAL NOTES 1. BASS LF 8&4R1M STATE PWIE CO.OWA1E SS1E)d. TEX4S NCWTH CN1RAL ZCWE (4202), am WERiCAR DA1VAI 198 ALL CO1WOhVA1ES ARE STAlE PLANE LW QuO VALUES ALL DISTANCES ARE llr4li 015TANc2S 5URfl AOJJSRIENT SC4LE FACTQu: 7.000!J6506a 2 S(JBSURf4C 4MLNT CLAIMERS ARE NOT ACWUMENTED.!( SALCEDO 6â4 PART LA arr LOT 5 Sheet 3 of 3 SEMENT DALlAS LWAIIWG Na 42.W-54 (Pl, 5Z609Sq. Pt or LJ225A,xes air DALLAS &0( 6123 AND (21Y t DALLAS &LZ LOT!, 2 AND S 01 SOUTH DALLAS GAFB)ENS AOOI1TDIV monies Logow ir Abstract No. 759 at of Dcalos. D Countj Texos Frcrn Stonewood Terrace Apetne,ts LiD. Civil Engineers. Surveyors TBPLS FiRM No JBPE FiRM No PHONE: (214) s i