1030Th. December 8, 2010 A RESOLUTION AUTHORIZING THE DEPOSIT OF A SPECIAL COMMISSIONERS AWARD AND SETTLEMENT OF THE CONDEMNATION SUIT FOR THE AWARD.

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1 COUNCIL CHAMBER 1030Th December 8, 2010 A RESOLUTION AUTHORIZING THE DEPOSIT OF A SPECIAL COMMISSIONERS AWARD AND SETTLEMENT OF THE CONDEMNATION SUIT FOR THE AWARD. IN THIS RESOLUTION THE FOLLOWING DEFINITIONS SHALL APPLY: CONDEMNATION SUIT: Cause No. cc a, in County Court at Law No. 1, and styled City of Dallas v. Bank of America, N.A. as Trustee, et al, filed pursuant to City Council Resolution No PROPERTY: Approximately acres of land situated in City Block in the City of Dallas, Dallas County, Texas, as described in said condemnation suit. PROJECT: Elm Fork Athletic Complex project OFFICIAL OFFER: $2,150, AWARD: $2,400, DESIGNATED FUNDS: $608,791 payable out of Trinity River Corridor Project Funding: 1998 Bond Funds, Fund No. 6P14, Department PBW, Unit N964, Activity TRPP, Program No. PB98N964, Object 4210, Encumbrance No. PBW98N964H1; and $1, payable out of 2006 Bond Funds: Fund No. 8T00, Department PKR, Unit T074, Activity PKLA, Program No. PKO3KOO5, Object 4210, Encumbrance No. PKR ; and $250,000 payable out of 2003 Bond Funds: $6, Fund 4R00, $ Fund 5R00 and $84, Fund 6R00 each from Department PKR, Unit K005, Activity RGPK, Program PK03K005, Object 4210, Encumbrance No. PKRO9O1 9103; and $500,000 payable out of Texas Parks and Wildlife Grant Funds: Fund No. S130, Department PKR, Unit P504, Activity PKLA, Program No. PK03K005, Object 4210, Encumbrance No. PKR WHEREAS, the official offer having been made and refused, the City Attorney instituted a condemnation suit for the acquisition of the Property for the Project; and WHEREAS, the Special Commissioners in Condemnation appointed by the Court in the Condemnation Suit made an award which the City Council wishes to deposit with the County Clerk of Dallas County, Texas, so that the City may take possession of the Property; and

2 COUNCIL CHAMBERS!03078 December WHEREAS, the City Council desires to authorize the City Attorney to settle the Condemnation Suit for an amount not to exceed the special commissioners Award; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Controller is hereby authorized and directed to issue a check, paid out of and charged to the Designated Funds, in the amount of the Award payable to the County Clerk of Dallas County, Texas, to be deposited by the City Attorney with said County Clerk. SECTION 2. That the City Attorney is authorized to settle said Condemnation Suit for an amount not to exceed the special commissioners Award. SECTION 3. 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 By: :. Assistant City Attorney

3 1 and being located in City Block, official City number, and being pait of that tract of BETNG a acre tract of land situated in the W.M. Babbett, Survey Abstract No. 155, EXHIBITA 130Th L.l bj >- 03/09/04 LD2852doc Page 1 of ,195 square feet or acres of land, more or less.. a distance of feet to the POINT OF BEGINNING AND CONTAINING THENCE North 00 degrees 07 minutes 10 seconds East, along said east right-of-way line cap for corner, being on the east right-of-way line of said Spangler Road; Clark Caruth tract, a distance of 1, feet to a 1)2 inch found iron rod with HAl THENCE South 89 degrees 51 minutes 58 seconds West, along the south line of Earle being the southeast corner of said Earle Clark Caruth tract; Clark Caruth tract a distance of feet to a 1/2 inch found iron rod for corner and THENCE South 00 degrees 51 minutes 15 seconds East, along the east line of said Earle THENCE North 89 degrees 36 minutes 58 seconds East, along said common line of Earle Clark Caruth tract and 1755 NW. Corporation tract, a distance 1, feet to a 1/2 inch found iron rod with HAl cap for corner and being the northeast corner of said Earle Clark Caruth tract; stamped HALFF ASSOC, INC. (herein after refened to as HAl cap ) for the POINT Page 5980, D.RD.C.T.; OF BEGINNING and being on the common line between said Earle Clark Caruth tract line, a distance of 1, feet, to a 1/2 inch found iron rod with yellow plastic cap and a tract of land described to 1755 NW. Corporation, as recorded in Volume , l HENCE; South 00 degrees 07 r rites 0 Wt, aioiig said is figslway (a 100 foot wide right-of-way); COMMENCING at a point at the intersection of the east right-of-way line of Spangler Road (a 60 foot wide right-of-way) with the south right-of-way line of Walnut Hill Lane Records of Dallas County, Texas (DR.D.C.T.), and being more particularly described as follows: land described to Earle Clark Caruth, as recorded in Volume 3753, Page 194, of the Deed FIELD NOTES DESCRIBING A TRACT OF LAND IN TO BE ACQUIRED BY TIlE CITY OF DALLAS PARK AND RECREATION DEPARTMENT

4 - A EXH1II 1k SCALE l 4O en,. lo0,t, IN FEET / Qt I I 0 I n I < LD o I A/6505 HELSON INVY * CO. ADDN. rol , PG. 3 I LEGEND (C.MJ Va SRF W/RED WMDAP o / LIt o y7 SER W/ CAP o 2 ALUM. MON. a /. SRF OSFW o FM). LU. a F,:z S.R. W/RED jib/cap.0 00 ail/, II 1755 NW. CORPORATION Vol , Pg. 5980, 2 FIR W/CAP POINT OF BEGIN)TNG JG.T. MANAGEMENT N E INC.. Vol , Pg R.D.C.T. 1 EARLE CLARK Vol. 3753, Pg. 194, D.R.O.C.T. 1,242,195 SQ. FT OR ACRES BURLINGTON NORTHERN RAILROAD 50 RAILROAD EASEMENT FIR Vol Pg. 435, D.R.D..T. CONTRO1MC MOMJM NT / STEEL REBAR FOUND *1T14 RED PLASTIC CAP STAMPED WELMAM4 & ASSOCIArES NC. CAP V RON ROD Vz SET 4ON ROD WITI4 YELOW LAS IC CAP STAI.% EO HALFF ASSOC. NC. 2 ALUMINUM MONUMENT SEEL REBAR FOUND STEEL RE5AR DUNO MONIJUENT rol ALJA.At&*4 V2 SRF W/RED WAICAP SCALE (C.M.) Bears N W-4, TO (C.M.) AT RAILROAD AND. C.L. OF WALNUT_HILL LANE \ 1/ 1 _c, V rocj? / LANE. o4/ ADRCC, LTD. W. M. BABBETI SURVEY C ABSTRACI NO.155 CARUTH S W f /7 STEEL RE8AR WqT)4 RED PLASTiC CAP SAMPEO DUDLEY FAMILY PARTNERSHIP Vol , Pg , JJ, BARMAN Y2 FIR W/CAP 100 DRAINAGE EASEME Vol , Pg ElF FEE Vz r 3. L. HUNT SURVEY ABSTRACT NO. 588 PROMOCIONES RIO NILO USA. INC. Vol , Pg FIR 100 STREET AND UTILITY EASEMENT 8L0C CITY OF DALLAS Vol. 823, Pg. 951, PARTNERSHIP Vol Pg R.D.C.T. EXHIBIT OF A ACRE TRACT IN SITUATED N THE W. M. BABBETT SURVEY, ABSTRACT NO. 155 DALLAS ZEPEDA AND 8RUNZ BY COUNTY, TEXAS 9A5S 3F SEARING S TEXAS SA E AE NOR F%tRA?CNF 1202, NORT4 U R1CAN HALFF ASSOCIA I ES, NC. 2/2 RS 4A0 Ac CErr UlNcD 0P Pv* ON N iix AN CAY ES! JO GRA) r) AGIG NOR #EST P OR. SL,RFACE )b dersio, FC)R CULl jbsqg ALLAS, EXAS Tá?25 3CALE: 4,0 0 4) ian N C0 AJC 1? 89S MARCH,?)O \A,C S\2B36-CGN,, DGN X6 i-ib.c-s3on REF n 2,1dir, ar rs?/, -

5 I PARK AND RECREATION N.T.S. t FOR PARK PURPOSES TO BE ACQUIRED LOCATION MAP ThN\ *r-c ACRES CITY OF DALLAS