RE 2010-0914.4CITY OF COPPELL, TEXAS
RESOLUTION NO. 2010 - 0914.4
A RESOLUTION PROVIDING FOR AND CONSENTING TO THE
EXERCISE OF EMINENT DOMAIN AS AUTHORIZED BY THE CITY
COUNCIL OF THE CITY OF COPPELL, TEXAS; PROVIDING FOR
THE ACQUISITION BY EMINENT DOMAIN OF A PORTION OF THE
PROPERTY DESCRIBED IN EXHIBIT A AND B AND COMMONLY
REFERRED TO AS 100 OAK TRAIL WITHIN THE MUNICIPAL
BOUNDARIES OF THE CITY OF COPPELL, DALLAS COUNTY,
TEXAS; DECLARING A PUBLIC NECESSITY EXISTS AND FINDING A
PUBLIC USE AND PURPOSE FOR THE WELFARE AND
CONVENIENCE OF THE CITIZENS, REQUIRES THE TAKING AND
ACQUIRING OF PROPERTY FOR THE EXPANSION OF ROADWAY,
THAT CERTAIN TRACT WHICH WILL BE BURDENED WITH THE
ROADWAY EXPANSION IS SITUATED IN THE SHADYDALE ACRES
SUBDIVISION, BEING A PORTION OF LOT 1 -C, BLOCK C, LOCATED
ON THE NORTH LINE OF WEST SANDY LAKE ROAD, AND THE
EAST LINE OF OAK TRAIL, AND CONTAINING A TOTAL OF 0.075
( + / -) ACRES OF LAND; PROVIDING FOR AN OFFER TO PURCHASE
THE PERMANENT RIGHT OF WAY FOR JUST COMPENSATION AND
IF SUCH OFFER IS REFUSED, AUTHORIZING COUNSEL TO
INSTITUTE NECESSARY PROCEEDINGS IN CONDEMNATION TO
ACQUIRE THE PROPERTY FOR STREET WIDENING AND RELATED
PUBLIC PURPOSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Coppell ( "City ") wishes to provide for the health and welfare of
its citizens; and
WHEREAS, the City is a home rule City with specific, enumerated powers to provide
for the health, safety and general welfare of its citizens; and
WHEREAS, it is hereby determined that a public necessity exists, and that a public use
and purpose for the welfare and convenience of the citizens requires the acquisition of permanent
right of way for street widening purposes, with such right of way vesting in the City burdening
the hereinafter described property, for the public purpose of constructing and maintaining right
of way for public streets and utility improvements; and
WHEREAS, the City is authorized pursuant to Chapter 251, TEX. LOCAL Gov'T CODE,
to exercise the right or power of eminent domain for public purposes to acquire property,
whether located inside or outside the municipality, where necessary for the purpose of providing
a thoroughfare system, a waterworks system, water storage, drainage, treatment, distribution,
transmission, or sewage system, including sewage collection, drainage, treatment, disposal, and
emptying facilities or any other public purpose recognized under state law; and
WHEREAS, the City is authorized to exercise the power of eminent domain to acquire
said tract of land more fully described herein and depicted in Exhibit A and B, which is attached
hereto and incorporated herein; and
WHEREAS, the City is acquiring such land in accordance with state law; and
WHEREAS, the parcel of land so described herein will be appraised in accordance with
the provisions of Chapter 21, TEX. PROPERTY CODE to establish just compensation as provided
therein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
Section 1. That City Manager or designee is hereby authorized and directed to
implement the applicable provisions of this Resolution.
Section 2. That a public necessity exists and public use and purpose for the public
welfare and convenience require the acquisition of a portion of the property located at 100 Oak
Trail for the expansion of roadway and utility right -of -way for West Sandy Lake Road, being a
public thoroughfare, with title vesting in the City of Coppell, Texas, in that certain tract or parcel
of land containing approximately 0.075 ( + / -) acres of land in the name of the City of Coppell in,
over and across the property owned by Roberto and Arcelia Beas depicted in Exhibit A and B,
attached hereto and made a part hereof for all purposes.
Section 3. That the public is required to obtain the subject tract for the expressed public
purpose of expanding and extending public right -of -way for the widening of Sandy Lake Road;
as depicted on the current City of Coppell thoroughfare plan.
Section 4. That the city council of the City of Coppell hereby finds that there is a public
necessity and public use and purpose required to acquire the permanent right of way and the size,
scope, width and dimensions set forth herein and for the purposes stated in this Resolution.
Section 5. That an offer of a just and adequate compensation based on fair market value
shall be made for the said 0.075 ( + / -) acre tract of land, more or less, including damages to the
remainder, if any. Said offer having been based on an independent appraisal. The City Manager,
or designee, is hereby authorized and directed to make an offer for the acquisition of the
permanent right of way to the owner of the property.
Section 6. That in the event the offer described herein is refused or not accepted by the
owner of the property, the City Attorney is hereby authorized and directed on behalf of the City
to file the necessary eminent domain proceedings or suit and to take whatever action may be
necessary against the owner and any other parties having interest in the property to acquire the
property for such public purpose as set forth herein with such title vesting in the City of Coppell.
Page 2
NJDHS 992010
Section 7. That if it should be subsequently determined that additional parties other than
those named herein have an interest in said property then the City Attorney or designee is
authorized and directed to join said parties as defendants in said condemnation. If it is later
determined that there are any errors in the descriptions contained herein or if later surveys
contain more accurate revised descriptions, the City Attorney, or designee, is authorized to have
such errors corrected or revisions made without the necessity obtaining City Council approval
authorizing condemnation of the corrected or revised property.
Section 8. That if for any reason any section, paragraph, subdivision, clause, phrase or
provision of this Resolution shall be held invalid, it shall not affect any valid provisions of this or
any other Resolution of the City of Coppell to which these rules and regulations relate.
Section 9. That the City Council hereby finds and declares all precatory language herein
to be true and correct and approves and adopts the same herein as part of this Resolution.
Section 10. That this Resolution shall take effect on and after its adoption by the City
Council of the City of Coppell.
PASSED AND APPROVED this Lay of 10.
APPROVED:
By:
Bob Mahalik, Mayor Pro Tern
ATTEST:
B
Li by Ball y Secretary
APPROVED A1gTID FORM:
Robert E. HagefX/ty Attorney
Page 3
NJDHS 992010
EXHIBIT "A"
Being a 0.075 of an acre portion of Lot 1 -C, Block C, Shadydale Acres Addition, an
addition to the City of Coppell, Dallas County, Texas, as shown by plat recorded in
Volume 928, Page 2251, Plat Records, Dallas County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 iron rod found for a point of tangency on the south line of said Lot
1 -C, same being on the north right -of -way line of Sandy Lake Drive (a variable width
right -of -way)
THENCE South 89 °55'18" West, with the south line of said Lot 1 -C, a distance of 24.88
feet to the beginning of a curve to the right, having a radius of 25.00 feet, and a chord
that bears North 47 °30'58" West, 33.82 feet;
THENCE along said curve to the right, an arc length of 37.14 feet to a 5/8 inch capped
iron rod stamped "TNP' set on the east right -of -way line of Oak Trail (a 60 feet wide
right -of -way);
THENCE EAST, over and across said Lot 1 -C, a distance of 91.36 feet to a 5/8 inch
capped iron rod stamped "TNP" set for the beginning of a curve to the right, having a
radius of 1,045.00 feet, and a chord that bears South 88 °26'59" East, 56.54 feet;
THENCE along said curve to the right, continuing over and across same, an arc length
of 56.55 feet to a 5/8 inch capped iron stamped "TNP" set on the east line of said Lot
1C and west line of Lot 1 -D, Block C, of said Shadydale Acres Addition from which a
5/8 inch iron rod found for the northeast comer of said Lot 1 -D bears North 49 °13'30"
East, 194.55 feet;
THENCE South 00 °04'42" East, with the east line of said Lot 1 -C, a distance of 22.81
feet to a point for comer on a curve to the left, having a radius of 2,895.00 feet, and a
chord that bears North 89 °06'27" West, 98.11 feet same being on the north line of said
Sandy Lake Road;
THENCE along said curve to the left, with said north right -of -way line, an arc length of
98.11 feet to the POINT OF BEGINNING and containing 0.075 of an acre of land,
more or less.
y Gentry, R.P. .
Texas Registration No. 5519
Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83)
Integral parts of this survey:
a. Legal Description
b. Sketch
Revised: November 13, 2008
Date: November 4, 2008
Sheet 1 of 2
KKHIBf L
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LOT 1 -A LOT 1 -B
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VOL. 9 PG. 2251
ARCEUA SEAS AND P..D.C.T.
y ROBERTO A. BEAS
< 100 OAK TRAIL
V N O
< � � ti OR 3,261 SQ. FP. ( ,
Ix
Ix RIGHT —OF —WAY ►' r
' �„d o o EASEMENT LOT , -D �-
GH J LOT 1 -C
0 cots EAST ? 6' n' C2 // S00'04'42 "E
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22.81
C3
S89'55' 18 "W POINT OF SANDY LAKE ROAD
BEGINNING (VARIABLE WIDTH RIGHT -OF -WAY)
24.88'
LOT 5 LOT 14 Y LOT 21 =
A 1 0 t;
W
BLO K B ox GEORGIAN PLACE 0 5 J
GEORGIAN PLACE Ch a VOL. 99119, PG. 1 n 8 'o
VOL. 99119, PG. 1 Ci . P.R.D.C.T. a o=
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NOTES: 1
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z
1. Bearings are based on the Teas W
State Plane Coordinate System,
North Central Zone (NAD83).
2. Inte parts of this wrwy.
a. Legal Description
b. Sketch 0 30 60 120
3. Owners name & address shown ore 0 .075 ACRE
based on Doke Central Appraisal
District Information o SCALE: 1 " = so' RIGHT- OF-WAY
FA3EMM
RY �r`0ST�eef� Situated in
y • * ° '
RI Y GENT, R. L.S. Lot 1 —C, Block C,
TE XAS REGISTRATION NO. 5519 swn aomn Shodydale Acres Addition,
5519 City of Coppell
NOVEMBER 4, 2008 ael %a+�oe Dallas County, Texas
DATE: sU V
REVISED NOVEMBER 13, 2008 JOB NO. CPL 00243
Civil Engineering I Surveying Landscape Architecture Planning
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1= Aftoon Strsset Fa Worth 7X 7011012
L: \PROJE CPLO0243 wd TS \Row -Mal (80 336 -6779 SHEET 2 OF 2
CUR
TABLE
CURVE
LENGTH
RADIUS
LTA
CHORD BEARING
CHORD
C1
.1
T
N4T 'W
C2
1
' 1'
C3
.11'
1
N 'O6' 7'W
9 .11'