June 14, 2017 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS PURCHASE FOR PUBLIC USE.

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1 COUNCIL CHAMBER June 14, 2017 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS PURCHASE FOR PUBLIC USE. DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply: CITY : The City of Dallas PROPERTY : Approximately 56,579 square feet of land located in Dallas County, Texas, and being the same property more particularly described in Exhibit A, attached hereto and made a part hereof for all purposes, and any and all improvements, rights and appurtenances appertaining thereto. PROJECT : Southwest inch Water Transmission Pipeline Project USE : The construction, installation, use, and maintenance of a pipeline or lines for the transmission of treated water together with such appurtenant facilities as may be necessary, provided, however, to the extent fee title to the PROPERTY is acquired, such title and the PROPERTY shall not be limited to or otherwise deemed restricted to the USE herein provided. PROPERTY INTEREST : Fee Simple Title subject to the exceptions, reservations, covenants, conditions andor interests, if any, provided in the instrument more particularly described in Exhibit B attached hereto and made a part hereof for all purposes. OWNER : Walter T. Hardi, 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. PURCHASE AMOUNT : $137, CLOSING COSTS AND TITLE EXPENSES : Not to exceed $3,000 AUTHORIZED AMOUNT : Not to exceed $140, 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 CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT.

2 COUNCIL CHAMBER June 14, 2017 SECTION 3. That the City Manager, andor the City Manager s designees, is hereby authorized and directed to consummate and accept the purchase, grant, and conveyance to CITY of the PROPERTY INTEREST in and to the PROPERTY pursuant to the conveyancing instrument substantially in the form described in Exhibit B, attached hereto and made a part hereof for all purposes, and approved as to form by the City Attorney and to execute, deliver and receive such other usual and customary documents necessary, appropriate and convenient to consummating this transaction. SECTION 4. 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 5. That OWNER has been provided with a copy of the Landowner s Bill of Rights as contemplated by applicable state statute. SECTION 6. That in the event this acquisition closes, the Chief Financial Officer is hereby 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 PURCHASE AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Water Capital Construction Fund, Fund 0102, Department DWU, Unit CW4O, Activity MPSA, Program , Object 4210, Encumbrance CT-DWU7O6623ENAY. The PURCHASE AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 7. That CITY is to have possession andor use, as applicable, of the PROPERTY at closing; and CITY will pay any title expenses and closing costs. All costs and expenses described in this section shall be paid from the previously described funds. SECTION 8. 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: LARRY E. CASTO, City Attorne BY APPROVED BY CITY COUNCIL JUN Ass ant ty Attorney 2 City Secretary

3 PARCEL E-22 FIELD NOTES DESCRIBING PART OF THE HARDI TRACT IN THE JOHN P. ANDERSON SURVEY, ABST. NO. 1, IN THE CITY OF MESQUITE, DALLAS COUNTY, TEXAS TO BE ACQUIRED FOR A 120 INCH WATER LINE Exhibft A BEING a acre tract of land situated in the John P Anderson Survey, Abstract Number 1, in the City of Mesquite, Dallas County, Texas, and being part of that tract of land described in Warranty Deed to Walter T. Hardi and wife, Doris Jim Hardi, as recorded in Volume 72054, Page 212, of the Deed Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a found 12 inch iron rod with a yellow cap stamped NDM for the east end of a corner clip at the intersection of the northwest right-of-way line of Lawson Road (a variable width right-of-way) and the northeast right-of-way line of Cartwright Road (a 120 foot wide right-of-way); THENCE North 44 degrees 14 minutes 28 seconds East, with said northwest right-ofway line of Lawson Road and the southeast line of that tract of land described in Special Warranty Deed to White Property Company # 2, LTD, as recorded in Instrument No of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), a distance of feet to a found 12 inch iron rod with a yellow cap stamped NDM for the east corner of said White Property Company tract and the POINT OF BEGINNING of the herein described tract, said point being on the southwest line of said Hardi Tract; THENCE North 45 degrees 40 minutes 58 seconds West, departing said northwest right-of-way line and with the common line between said White Property Company tract and said Hardi tract, a distance of feet to a set 12 inch iron rod with a yellow cap stamped GLD ; THENCE North 44 degrees 14 minutes 28 seconds East, departing said common line, a distance of feet to a set 12 inch iron rod with a yellow cap stamped GLD on the northeast line of said Hardi tract and the southwest line of that tract of land described in Warranty Deed to Frank Vasquez, as recorded in Volume , Page 1902, O.P.R.D.C.T.; Page 1 of 3 i:\iobs\ DWU\GROUP F\PARCELS\E 22\LD-E22.DOCX

4 PARCEL E-22 FIELD NOTES DESCRIBING PART OF THE HARDI TRACT IN THE JOHN P. ANDERSON SURVEY, ABST. NO. 1, IN THE CITY OF MESQUITE, DALLAS COUNTY, TEXAS TO BE ACQUIRED FOR A 120 INCH WATER LINE THENCE South 61 degrees 18 minutes 17 seconds East, with the common line between said Hardi tract and said Vasquez tract, a distance of feet to a set 12 inch iron rod with a yellow cap stamped UGLDI on said northwest right-of-way line of Lawson Road and from which a found 12 inch iron rod with yellow cap stamped NDM bears South 61 degrees 1 8 minutes 17 seconds East a distance of feet; THENCE South 44 degrees 14 minutes 28 seconds West, departing said common line and with said northwest right-of-way line, a distance of feet to the POINT OF BEGINNING and CONTAINING 56,579 square feet or acres of land, more or less. BASIS OF BEARiNGS: North American Datum of 1983, Texas State Plane Coordinate System, North Central Zone All distances are surface distances. Surface adjustment scale factor: Basis of Bearings rotated counterclockwise 00 degrees 45 minutes 32 seconds from deed as described in Warranty Deed to Walter T. Hardi and wife, Doris Jim Hardi, as recorded in Volume 72054, Page 212, of the Deed Records of Dallas County, Texas, with a bearing of South 45 degrees 00 minutes 00 seconds West along the southwest line of said Hardi tract. 0 Page 2 of 3 I:\JOBS\ DWU\GROUP F\PARCELS\E 22\LD-E22.DOCX

5 N FRANK VASOUEZ VOL , PG C) I- JoIN P ANDERSoN ABSTRACT No 7 \ SCLE 1100 WHITE PROPERTY COMPANY 2. LTD. DOC LEGEND: )RF (RON ROD FOUND IRS IRON ROD SET WI IRF C (CM) NOTES: YELLOW GLD CAP IRON ROD FOUND WCAP CONTROL MONUMENT 1.) BEARINGS SYSTEM: NORTH AMERICAN DATUM OF 1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, SURFACE ADJUSTMENT SCALE FACTOR PARCEL E-22 FIELD NOTES DESCRIBING A PORTION OF WALTER T. HARDI AND WIFE, DORIS JIM HARDI TRACT IN THE JOHN P ANDERSON SURVEY, ABST. NO. 1 CITY OF MESQUITE, DALLAS COUNTY, TEXAS TO BE ACQUIRED FOR A 120-INCH WATER LINE C garcia taflil ata, lile. C T C.mpbII Rd., S1 10 I DIIs, TX DATE: P004: 5330 PAGE 3 OF 3

6 EXHIBIT B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER S LICENSE NUMBER. WARRANTY DEED THESTATEOFTEXAS COUNTY OF DALLAS KNOW ALL PERSONS BY THESE PRESENTS: That Walter T. Hardi, a widower (hereinafter called Grantor whether one or more natural persons or legal entities) of the County of DALLAS, State of Texas, for and in consideration of the sum of ONE HUNDRED THIRTY SEVEN THOUSAND AND DOLLARS ($137,000.75) to the undersigned in hand paid by the City of Dallas, 1500 Manila Street, Dallas, Texas, 75201, a Texas municipal corporation (hereinafter called City ), the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto City, its successors and assigns, all of the property described in Exhibit A, attached hereto and made a part hereof by reference for all purposes. SPECIAL PROVISIONS: This conveyance is made and accepted subject to the reservations provided in Exhibit B which is attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto City, its successors and assigns forever, and Grantor binds Grantor and Grantor s heirs, executors, administrators or successors, to Warrant and Forever Defend all and singular the said premises unto City, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. EXECUTED this day of WalterT. Hardi Revised Warranty Deed Page 1 of 2

7 Ei4i34 * * * * * * * * * * * * * * * * * STATE OF TEXAS COUNTYOF DALLAS This instrument was acknowledged before me on bywaltert. Hardi. Notary Public, State of TEXAS * * * * * * * * * * * * * * * * * * * * Warranty Deed Log No After recording return to: City of Dallas Department of Sustainable Development and Construction Real Estate Division 320 East Jefferson Boulevard, Room 203 Dallas, Texas attn: Christian Roman Revised Warranty Deed Page 2 of 2

8 PARCEL E-22 FIELD NOTES DESCRIBING PART OF THE HARDI TRACT IN THE JOHN P. ANDERSON SURVEY, ABST. NO. 1, IN THE CITY OF MESQUITE, DALLAS COUNTY, TEXAS TO BE ACQUIRED FOR A 120 INCH WATER LINE 1 Exhjbft A BEING a acre tract of land situated in the John P Anderson Survey, Abstract Number 1, in the City of Mesquite, Dallas County, and being part of that tract of land in Warranty Deed to Walter T. Hardi and wife, Doris Jim Hardi, recorded in Volume 72054, 212, of the Deed Records of Dallas County, Texas, and being more particularly follows: described Page described as Texas, COMMENCING at a found 12 inch iron rod with a yellow cap NDM for the end of a corner clip at the intersection of the northwest right-of-way line of Lawson Road (a variable width right-of-way) and the right-of-way line of Cartwright Road (a 120 foot wide right-of-way); east northeast stamped THENCE North minutes 28 East, with said northwest right-ofway line of Lawson Road and the line of that tract of land in Special Warranty Deed to White Property Company # 2, LTD, recorded in Instrument No of the Official Public of Dallas County, Texas (O.P.R.D.C.T.), a distance of feet to a found 12 inch iron rod with a yellow cap NDM for the corner of said White Property Company tract and the POINT OF BEGINNING of the herein tract, said point being on the line of said Hardi Tract; east described degrees southeast Records seconds as southwest described stamped THENCE North minutes 58 West, departing said northwest right-of-way line and with the common line between said White Property Company tract and said Hardi tract, a of feet to a 12 inch iron rod with a yellow cap GLD ; stamped degrees distance seconds THENCE North minutes 28 East, departing said common line, a distance of feet to a 12 inch iron rod with a yellow cap GLD on the line of said Hardi tract and the line of that tract of land described in Warranty Deed to Frank recorded in Volume , northeast 1902,OPRDCT, degrees set seconds set southwest Vasquez, as stamped as Page Page 1 of 3 :\JOBS\ DWU\G ROUP F\PARCELS\E 22\LD-E22.DOCX

9 PARCEL E-22 FIELD NOTES DESCRIBING PART OF THE HARDI TRACT IN THE JOHN P. ANDERSON SURVEY, ABST. NO. 1, IN THE CITY OF MESQUITE, DALLAS COUNTY, TEXAS TO BE ACQUIRED FOR A 120 INCH WATER LINE THENCE South 61 degrees 18 minutes 17 seconds East, with the common line between said Hardi tract and said Vasquez tract, a distance of feet to a set 12 inch iron rod with a yellow cap stamped GLD on said northwest right-of-way line of Lawson Road and from which a found 12 inch iron rod with yellow cap stamped NDM bears South 61 degrees 18 minutes 17 seconds East a distance of feet; THENCE South 44 degrees 14 minutes 28 seconds West, departing said common line and with said northwest right-of-way line, a distance of feet to the POINT OF BEGINNING and CONTAINING 56,579 square feet or acres of land, more or less. BASIS OF BEARINGS: North American Datum of 1983, Texas State Plane Coordinate System, North Central Zone All distances are surface distances. Surface adjustment scale factor: Basis of Bearings rotated counterclockwise 00 degrees 45 minutes 32 seconds from deed as described in Warranty Deed to Walter T. Hardi and wife, Doris Jim Hardi, as recorded in Volume 72054, Page 212, of the Deed Records of Dallas County, Texas, with a bearing of South 45 degrees 00 minutes 00 seconds West along the southwest line of said Hardi tract. Page 2 of 3 l:\jobs\ DWU\GROUP F\PARCELS\E 22\LD-E22,DOCX

10 \\ 17O941 FRANK VOL. VASOUEZ PG N _ JOHNPA _ SCLE 1100 çs) ço V -.. \ _? u.7, O. 4 1 ) 4$ Jo _ ( Z Z - s-i WHITE COMPANY PROPERTY 2, LTD. DOC A 45 8S)(o% cfl O f r7s-1 3 \\? 7 77 O- c-q- k C7 :- e_. 0 L Ai BSrpAc SlJpVLsy \,\F ivo p398 (5) 6% t - \ \ 44 Y3 12 LEGEND: IRFC (CM) NDM )RF (RON ROD FOUND IRS (RON ROD SET WI YELLOW OLD CAP IRFC IRON ROD FOUND WCAP (CMI CONTROL MONUMENT NOTES: 1.(BEARINGS SYSTEM:NORTH AMERICAN DATUM OF TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE SURFACE ADJUSTMENT SCALE FACTOR 4202, , v 6O931i RENE M. SAUNAS 445.4i PARCEL E-22 FIELD NOTES DESCRIBING A PORTION OF WALTER T. HARDI AND WIFE, DORIS JIM HARDI TRACT IN THE JOHN P ANDERSON SURVEY, ABST. NO. I CITY OF MESQUITE, DALLAS COUNTY, TEXAS TO BE ACQUIRED FOR A 120-INCH WATER LINE Oarcia aiid ilata, 8 T F G. 62IOCampbafl Rd. Sis-. IS Dallas, TX DATE: P904: 5330 PACE 3 OF 3 H

11 EXHIBIT B EASEMENT - ACCESS [Specific Locationi Grantor, for Grantor and Grantor s heirs, successors and assigns ( the holder of the easement ) does hereby reserve an easement over, on and across the property described in Attachment 1, attached hereto and made a part hereof by reference for all purposes, (the Easement Area ) to provide free and uninterrupted pedestrian, vehicular and utility access to and from Grantor s adjoining or abutting property, being more fully described in Attachment 2, attached hereto and made a part hereof by reference for all purposes, (the Dominant Estate Property ) and portions thereof, in a manner as not to endanger or interfere with the safe, efficient andor convenient use of and activity on the property described in Exhibit A by City. The easement is appurtenant to and runs with the Dominant Estate Property and all portions of it, whether or not the easement is referenced in any conveyance of the Dominant Estate Property or any portion of it. The easement binds and inures to the benefit of Grantor and City and their respective heirs, successors, and assigns. The easement is perpetual. This easement is nonexclusive, and City reserves for City and City s successors and assigns the right to convey the same or similar easement or other rights or easements to others. Notwithstanding any provision of this easement reservation to the contrary, City and City s successors and assigns shall in all respects and at all times have the superior and paramount right of use, access and control of the Easement Property, without any liability for damages, destruction or injury to any improvements located in the easement, from time to time. Professionally engineered plans and specifications bearing the seal of a professional engineer currently registered in the State of Texas showing any and all improvements desired by the holder of the easement, including without limitation, fill or removal of soil within the easement, paving, support, protection of City s uses, utility lines, structures and facilities, must be submitted to and approved in writing by the City of Dallas Water Department ( DWU ) in advance of any construction by the holder of the easement. No vehicle, equipment or machinery exceeding a total weight of 15,000 lbs may come on the easement or any use be allowed to exist that would exceed said weight limit at any time during normal use unless confined to the designated access points on improvements the plans and specifications for which are structurally designed and constructed with supporting appurtenances that meet or exceed H20 highway design capacity and that protect the City s facilities from all imposed loading. The parties acknowledge and agree that the paramount consideration in the evaluation of any proposed improvements is to fully and completely accommodate City s uses (current, anticipated, andor potential) of the property described in Exhibit A and any facilities it may install. Consequently, City s determinations in this regard are conclusive and final. All such improvements and maintenance of the Easement Property will be at the sole expense of the holder of the easement and must be constructed in a good and workmanlike manner in

12 conformity with the approved plans and specifications. The holder of the easement will maintain the Easement Property in a neat, clean and safe condition at all times. The holder of the easement agrees to indemnify, defend and hold City and City s successors in interest harmless from any loss, attorney s fees, court and other costs, expenses or claims attributable to any breach or default of any provision of this easement by the holder andor any negligent act or omission by the holder with regard to this easement. In the event the holder of the easement shall place any unpermitted structure, improvement, use or material within the Easement Property and fails to remove same immediately upon receipt of notice from City, City shall have the right, but not the obligation, to remove such structure, improvement, use andor material, and the holder of the easement shall reimburse City for any and all costs connected with such action immediately upon demand. 2

13 PARCEL E-22 ACCESS EASEMENT FIELD NOTES DESCRIBING A PORTION OF WALTER T HARD! AND WiFE, DORIS JIM HARD! TRACT IN THE JOHN P. ANDERSON SURVEY, ABST. NO. 1, IN THE CITY OF MESQUITE, DALLAS COUNTY, TEXAS ATTACHMENT I BEING a 6,612 square foot tract of land situated in the John P Anderson Survey, Abstract Number 1, in the City of Mesquite, Dallas County, Texas, and being part of that tract of land described in Warranty Deed to Walter T. Hardi and wife, Doris Jim Hardi. as recorded in Volume 72054, Page 212, of the Deed Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a found 12 inch iron rod with a yellow cap stamped NDM for the east end of a corner clip at the intersection of the northwest right-of-way line of Lawson Road (a variable width right-of-way) and the northeast right-of-way line of Cartwright Road (a 120 foot wide right-of-way); THENCE North 44 degrees 14 minutes 28 seconds East, with said northwest right-ofway line of Lawson Road and the southeast line of that tract of land described in Warranty Deed to the City of Dallas, as recorded in Instrument No of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), a distance of feet to a found 12 inch iron rod with a yellow cap stamped NDM for the east corner of said City of Dallas tract, said point being on the southwest line of said Hardi tract; THENCE North 44 degrees 14 minutes 28 seconds East, departing the southwest line of said Hardi tract, and continuing with said northwest right-of-way line of Lawson Road, a distance of feet to 12-inch iron rod set with cap stamped GLD for corner and the POINT OF BEGINNING of the herein described tract, THENCE North 45 degrees 40 minutes 58 seconds West, departing said northwest right-of-way line, a distance of feet to a 12-inch iron rod set with cap stamped GLD for corner; THENCE North 44 degrees 14 minutes 28 seconds East, a distance of 6000 feet to a 12-inch iron rod set with cap stamped GLD for corner: :\proects\53oo.533o 120 dwu\group f\parces\e 22\S330 d group f Page 1 of 3 22 dnvewa esmtdocx rev

14 PARCEL E-22 ACCESS EASEMENT FIELD NOTES DESCRIBING A PORTION OF WALTER T HARDI AND WIFE, DORIS JIM HARDI TRACT IN THE JOHN P. ANDERSON SURVEY, ABST. NO. 1, IN THE CITY OF MESQUITE, DALLAS COUNTY, TEXAS THENCE South 45 degrees 40 minutes 58 seconds East, a distance of feet to a 12-inch iron rod set with cap stamped GLD for corner, said iron rod being on the aforementioned northwest right-of-way line of Lawson Road; THENCE South 44 degrees 14 minutes 28 seconds West, with said northwest right-ofway line, a distance of feet to the POINT OF BEGINNING and CONTAINING 6,612 square feet or acres of and, more or less. BASIS OF BEARINGS: North American Datum of 1983, Texas State Plane Coordinate System, North Central Zone All distances are surface distances. Surface adjustment scale factor: Basis of Bearings rotated counterclockwise 00 degrees 45 minutes 32 seconds from deed as described in Warranty Deed to Walter T. Hardi and wife, Doris Jim Hardi, as recorded in Volume 72054, Page 212, of the Deed Records of Dallas County, Texas, with a bearing of South 45 degrees 00 minutes 00 seconds West along the southwest line of said Hardi tract. Page 2 of 3 :\projcts\5c0\s33o 120 dwu\grup f prc&s\ 22\5330-dgroup I 22 diivewy em tdocx rev, ; 1)252017

15 - - un J2i;V 74cr i UNE TABLE Li N E lg.oo L2 N W L3 N E L4 S E L5 S W _1_ ACCESS EASEMENT ARE A 6612 SO.FT, (01518 AC.) L EL.F E;: EL. 1R21 FIDD 2D CM) rjtr; 1 i4t 1.1 BE(Ri 2 I 3.J S 5EM 2)RTH 4EP12(. 5 E- 1-5 sz -,2Ø_ CJ JE S2I 1.ØØØ 3S5CS) L E PARCEL E.22 ACCESS EASEMENT BEING A PORTION OF WALTER T. HARD1 AND WIFE, DORIS JIM HARDI TRACT IN THE JOHN P ANDERSON SURVEY, ABST. NO. CITY OF MESQUITE, DALLAS COUNTY, TEXAS jcte, I 25 1 I is 6 IS IS 2

16 Na - 4O-9J14 ATTACHMENT A I,,._. 7_-_- J: LINE TABLE N44 I428 E l9oo L2 N W 11O.2O L3 N E 6O.OO L4 S E L5 S W 60O0 ACCESS EASEMENT AREA 6,612 SO.FT. (0J518 ACi :) NJ L EbriLi: IR ;. o; IR IP kdd CM) rn?tr. M,T I.) BE E FEM T-i EFjç 3TUM RB3. IES STE PL;E r r URC CD!UTMC SL[ I EC i,,., 2 12 ts PARCEL E-22 ACCESS EASEMENT BEING A PORTION OF WALTER T. HARDI AND WIFE, DORIS JIM HARDI TRACT IN THE JOHN P ANDERSON SURVEY, ABST. NO. 4 (Z CITY OF MESQUITE, DALLAS COUNTY, TEXAS 1 4