For the purposes of this resolution, the following definitions of terms

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1 COUNCIL CHAMBER February 23, 2011 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION ANDIOR 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 19,967 square feet of land located in Dallas County, and being the same property more particularly described in 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 : Tejas Investors, 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 : $20,965 CLOSING COSTS : Not to exceed $2,000 AUTHORIZED AMOUNT : $22,965 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 lnte REST n the PRCPE RTY for the PROJECT. SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the 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.

2 COUNCIL CHAMBER February 23, 2011 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. 0115, Department DWU, Unit PW4O, Activity MPSA, Program No , Object 4210, Encumbrance No. CT- DWU7O66O35CPS. 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 COUNCIL CHAMBER - - L February 23, 2011 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. PkIN JR., City Attorney BY

4 - I V AECOM DESCRIPTION CI1Y OF DALLAS DALLAS COUN1 TEXAS CI1Y OF DALLAS BLOCK 8306 GEORGE FLOYD SUR EY, ABSTRACT NO. 463 * 19,967 SQ. Ft PARCEL N I TBPLS FiRM RED. ND WAAAECOMEOM 3082 I I\ (fasuuflnggjneers Nc DALLAS PARKWAY 5177K TBPE FiRM RED. NO F 356 ( DALLAS, TEXAS USA GROUP. NO Southwest Water Transmission Pipeline Dallas Water Utilities Subdivision of the Chas. Floyd Homestead; the easterly line of the aforementioned Tract 1 of the plastic cap stamped TX REG NO set for corner in THENCE N E, feet to a 1/2 iron rod with REG NO set for corner; feet to a 1/2 iron rod with plastic cop stomped TX THENCE, with said curve to the right, an arc distance of N E, feet; the beginning ot a curve to the right, said curve having a tangent length of feet and a chord which bears central angle of , a radius of 1, feet, a plastic cap stamped TX REG NO set for corner at THENCE N E, feet to a 1/2 iron rod with stamped TX REG NO set for corner; Block 8306, feet to a 1/2 iron rod with plastic cap THENCE N E, departing said easterly line of Lot 1, Lot 1, Block 8306, feet; line of Telephone Road and with the easterly line of said THENCE N W, departing said northerly right of way Records of Dallas County, Texas; plot thereof recorded in Volume 74003, Page 2595 of the Deed the City of Dallas, Dallas County, Texas, according to the Lot 1, Block 8306 of Telephone Road Addition, an addition to width right of way) and also being the southeast corner of northerly right of way line of Telephone Road (variable of the aforementioned Fourth Tract, said corner being in the BEGINNING at a 1/2 iron rod found for the southwest corner follows: Texas, according to the plat thereof recorded in Volume 2, the Chas. Floyd Homestead, an addition to Dallas County, Tract includes a portion of Tract 1 of the Subdivision of Official Public Records of Dallas County. Texas, said Fourth Investors as recorded in Instrument No of the Fourth Tract in that certain Special Warranty Deed to Tejas being more particularly described by metes and bounds as portion of the remainder of that tract of land described as of the City of Dallas, Dallas County, Texas, and being a George Floyd Survey, Abstract No. 463, being in Block 8306 Page 42 of the Map Records of Dallas County, Texas, and BEING a 19,967 square foot tract of land situated in the RICHT-OF- WA Y ACQUISITiON FOR WA TER PAGE1 OFJ

5 GEORGE FLOYD SUR1fr Y, ABSTRACT NO. 463 D ) 4 CITY OF DALLAS BLOCK 8306 CITY OF DALLAS DALLAS COUNTY TEXAS 19,967 SQ. FT PARCEL T Nsthp/ 8180 Pm4 L.n/ SoIt 600 D.O.s. T.s.s (214) SEPTEMBER15, 2OOT 7059EX88.dwq DM NATHAN TBPE RED NO F3082 LJSPLS con&jlttng GNEETE!N ARM PEG. 00 BPE ARM RED NO F 356 D MMER AECOM USA GROUP NC DAJ LAS TEXAS DALLAS PARKWAY U E 0 Southwest Water Transmission Pipeline Dallas Water Utilities sessions and serve as controlling monuments. utilized as base stations during GPS data collection North Central Zone Stat ions DPKC, DTNA and DUNP were referenced to NAD83 State Plane Coordinate System, Texas Systems Texas Cooperative Network ( and are Bearings for this survey are based on the Westerritata NOTE: gistered Professional Land Surveyor Melton, R.P.L.S. No I NC. square feet of land, more or less POINT OF BEGINNING and containing acres or 19,967 with said northerly rightof way line of Telephone Road and with said southerly line of Tract 1, feet to the THENCE S W (deed and plot N 60 E), continuing found for corner in the southerly line of said Tract 1; of way line of Telephone Road, feet to a 1/2 iron rod THENCE S W, continuing with said northerly right distance of feet to a 1/2 iron rod found for Telephone Road and with said curve to the left, THENCE, continuing with said northerly right of way line of corner; an arc bears S W, feet; feet, a tangent length of feet and a chord which having a central angle of , a radius of 1, corner at the beginning of a curve to the left, said curve of Telephone Road, feet to a 1/2 iron rod found for THENCE S W, with said northerly right of way line Rood; the aforementioned northerly right of way plastic cap stamped TX REG NO line of said Tract 1, feet to a 1 set for line of Telephone /2 iron rod with THENCE S E (plot N W), with the corner in easterly RICKTOF WA Y ACQUISIliON FOR WA TER PAGE2OFJ Afl1LH A EXHIBI F A L

6 ZS1 CITY OF DALLAS BLOCK 8306 CITY OF DALLAS, DALLAS COUNTY TEXAS 4 XHIBITA iq55 EXHIBIT VA V GEORGE FLOYD SUREY, ABSTRACT NO ,967 SQ. FT PARCEL RIGHTOF WA Y A CQUISIT1ON FOR WA TER PAGEJOF3 D.ll,.. T (214) l SCALE: 1 =2OO P.,k L,.. (Soil.6 EEC, NO TIPE FiRM GEM F338 TBPLS REG NO 1GO1B80O CONSULTING NG)NEIINS. (NC NATHAN D MAIER Dc 19,967 SQ. Ft PARCEL ACQUISI77ON FOR WA RIGHT OF WA VOL. 2. PG. 42 SUBDIWSION OF THE A POR77ON OF TRACT 1 THIRD TRACT ap.r.d.c. 7: NO CALLED 1.2 ACRES INVESTORS CHAS FLOD HOMESTEAD M.R.D.C. 7: VOL. 2. PG INCLUDES A PORTiON OF TRACT SUBDIViSiON OF THE CHAS FLO)D HOMESTEAD M.R.D.C. 7: REMAINDER OF CALLED 29.3 ACRES FOURTH TRACT O.P.R.D.C.T INS7: N TEJAS INVESTORS SEPTEMBER 15, 2009 I 7059 EX88. YAWIAECOMCOM TBPE REG NO. F-3082 DALLAS TEXAS GA LAS PASKW Y SUTE AECOM AECOM USA GROUP INC Southwest Water Transmission Pipe!ine Dallas Water Utilities IRS IPF INST N IRF C.L. ESMT R.a W SQ. Ft SQUARE FEET CAP STAMPED 7X REG NO W/CAP VOL., a M.R.D.C. 7: O.PRD.C. 7: D.R.aC. 7 DEED RECORDS OF DALLAS IRON ROD SET lth PLAS17C DALLAS COUNfl TEXAS MAP RECORDS OF DALLAS INSTRUMENT NUMBER IRON PIPE FOUND CENTERLINE IRON ROD FOUND VOLUME PAGE COUNT TEXAS COUNT) TEXAS EASEMENT OFFiCIAL PUBLIC RECORDS OF RIGHT OF WAY LEGEND REMAINDER OF CALLED 5.51 ACRES VOL PG GLORIA CURRIE..VUAN CURRIE AND D.R.D.C. 7: