$5,462 ($3,762, plus closing costs not to exceed

Transcription

1 4: Q i Jtwié9,21O A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATION FOR A MUNICIPAL PURPOSE AND PUBLIC USE. DEFINITIONS: shall apply: CITY : For the purposes of this resolution, the following definitions of terms The City of Dallas PROPERTY : Approximately 1,841 square feet of unimproved property located in Dallas County and being the same property more particularly described on the Exhibit A, attached hereto and made a part hereof for all purposes. PROJECT : Southwest 120/96 inch Water Transmission Pipeline Project PROPERTY INTEREST : Fee Simple OWNER : Eleazar Cabrera and Angelica Cabrera, 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 : $3,762 CLOSING COSTS : Not to exceed $1,700 AUTHORIZED AMOUNT : $1,700) $5,462 ($3,762, plus closing costs not to exceed BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the PROJECT is a municipal and public purpose and a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT. SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST 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 AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY.

2 June 9, 2010 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, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS payable out of Water Utilities Capital Improvement Funds, Fund No. 2115, Department DWU, Unit PW4O, Activity MPSA, Program No , Object 4210, Encumbrance No. CT- DWU7O6O35CPK. The OFFER AMOUNT and the CLOSING COSTS 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 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. 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 suit(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 suit(s). SECTION 8. 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 AMOUNT, 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 Commissioners 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.

3 June 9, 2010 SECTION 9. 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. PERKINS, JR., City Attorney 2 f BY Assitant City Attorney APPROVED E

4 DESCRIPTION CITY OF LANCASTER, DALLAS COUNT) TEXAS PETER HALL SUREY, ABSTRACT NO ,841 SQ. F7 PARCEL JO RIGHT OF WAY ACQUISITiON FOR WATER DT.75I14l7S94741 AUGUST 28, 2009 I 7059 EX78.dwq 8O P..k 6l N D[ TBPE REG. NO. F 3082 TBPE FIRM REG NO. F 35& DAllAS, TEXAS 7524B-1157 TBPLS FIRM REG. NO. 10O19 QO %W. I.AECO4A.COM COULT4G1G!ERS bau.as PARKWAY, SUITE 1010 NATHAN 0. MAIER AECOJA USA GROUP, INC. Southwest Water Transmission Pipeline Dallas Water Utilities sessions and serve as controlling monuments. utilized as base stations during GPS data collection North Central Zone Stations DPKC. DTNA and DUNP were referenced to NAD83 Stote Plane Coordinate System, Texas Systems Texas Cooperative Network ( and are Bearings for this survey are based on the Wester ata NOTE: Registered Professional Land Surveyor 4 or 1,841 square feet of land, more or less. - feet to the POINT OF BEGINNING and containing acres THENCE N E. with said west line of Lot 2, Lot 2; REG NO set for corner in the west line of said feet to a 1/2 iron rod with plastic cap stamped TX THENCE S W, deporting said east line of Lot 2, TX REG NO set for corner; 2, teet to a 1/2 iron rod with plastic cap stamped line of Wintergreen Road and with the east line of said Lot THENCE S E, departing said southeast right of way rod found for the northeast corner of Lot 2; Wintergreen Road, 61,36 feet (plat 60 feet) to a 1/2 iron line of Lot 2 and said southeast right of way line of THENCE N E (plot S 6030 W), with the northwest width right of way); southeast right of way line of Wintergreen Rood (variable of the aforementioned Lot 2, said corner being in the BEGINNING at a 1/2 iron rod found for the northwest corner by metes and bounds as fol lows: Dallas County. Texas, and being more particularly described thereof recorded in Volume 44. Page 9 of the Map Records of of and being Lot 2 of W.O. Smith Subdivision, on addition Official Public Records of Dallas County, Texas, said tract Cabrera, as recorded in Instrument No of the to the City ot Lancaster, Texas, according to the plot With Vendor s Lien to Eleazar Cabrera and wife, Angelica tract of land as described in that certain Warranty Deed Lancaster, Dallas County, Texas and being a portion of a Peter Hall Survey, Abstract No. 634, being in the City of BEING a 1,841 square foot tract of land situated in the PAGE1OF2 EXHIBIT EXHIBIT A

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