RE 2010-0914.3CITY OF COPPELL, TEXAS
RESOLUTION NO. 2010- 0914.3
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 250 WEST SANDY LAKE ROAD 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 -A, BLOCK A, LOCATED
ON THE NORTH LINE OF WEST SANDY LAKE ROAD,
APPROXIMATELY 225 FEET WEST OF OAK TRAIL, AND
CONTAINING A TOTAL OF 0.052 ( + / -) 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 250 West
Sandy Lake Road 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 0.052 ( + / -) acres of land in the name of the City
of Coppell in, over and across the property owned by Bill E. and Rebecca S. Mills 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 0.052 ( + / -) 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 � day of 1 0.
APPROVED:
By:
Bob Mahalik, Mayor Pro Tern
ATTEST:
B
by Ba ity Secretary
APPROVED ARTO F
Robert E. Hager, W Attorney
Page 3
NJDHS 992010
EXHIBIT "A"
Being a 0.052 of an acre tract of land situated within Lot 1 -A, Block A, Shadydale
Acres, an addition to the City of Coppell, Dallas County, Texas, as shown by plat
recorded in Volume 83102, Page 2642, Plat Records, Dallas County, Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING at a 518 inch iron rod found for the southwest corner of said Lot 1 -A,
same being the southeast corner of a tract of land described to Laura L. Barnett by
deed recorded in Volume 97252, Page 2126, Deed Records, Dallas County, Texas,
and being also on the north right -of -way line of Sandy Lake Road ( a variable width
right -of -way);
THENCE North 00 ° 05'08" West, with the west line of said Lot 1 -A, a distance of 22.81
feet to a 5/8 inch capped iron rod stamped "TNP" set for corner;
THENCE East, over and across said Lot 1-A, a distance of 101.57 feet to a 5/8 inch
capped iron rod stamped "TNP" set for corner on the east line of same;
THENCE South 00 °41'34" East, with said east line, a distance of 21.58 feet to the
southeast corner of said Lot 1 -A, same being on said north right -of -way line from which
a 1/2 inch iron rod found bears North 89 °18'26" East, 167.68 feet;
THENCE South 89 °18'26" West, with said north right -of -way line, a distance of 101.80
feet to the POINT OF BEGINNING and containing 0.052 of an acre of land, more or
less.
4e2s .Gentry, R.P.L. .
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 I of 2
EXHIBIT "B"
N
W N
N4 CL
CD
✓ . Ix i
�
o: m
g0
%P
0
cc BILL E. MILLS JR
i 250 W. SANDY LAKE RD.
�0
TRACT 1 N o
LAURA L. BARNETT =
VOL. 97252, PG. 2126 ; 4 N
D.R.D.C.T. m W LOT 1 -A
0
'n
0
C CC 5/8 CIRS
O 0 TNP
N00'05'08 "W Z EAST 101.57'
22.81
S89 "W
POINT OF 101.80'
BEGINNING
a
a
x
CS
z
x
W
a
..e
NOTES:
1. Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83).
2. Integral ports of this survey.
a. Legal Description
b. Sketch
3. Owners name do address shown are
based on Dallas Control Appraisal
District information only.
14 `-
I Y V GENTRY, R.P. S.
TErXAS REGISTRATION NO. 5519
NOVEMBER 4, 2008
DATE:
REVISED NOVEMBER 13, 2008
LOT
LOT 1 -C
BLOCK A
SHADYDALE ACRES
o
VOL. 83102, PG. 2642
P.R.D.C.T.
0.052 ACRE
o 0
R 2,257 SQ. FT. LOT 1 -8
o
RIGHT —OF —WAY
EASEMENT
Ca z
y�•�'Y S00'41'34 "E
— 21. 58'_ _
N89'18'26 "E 167.68'
,
SANDY LAKE ROAD
(VARIABLE RIGHT -OF -WAY)
2 LOT 3
B OCK B
GEOR IAN PLACE
VOL. 119, PG. 1
P. .D.C.T.
0 30 60 120
SCALE: 1" = 60'
RN]fY L GENTRY
................
ss19 _
11
LOT 4 /
/ LOT 5
0.052 ACRE
RIGHT- OF -IPAY
EASEMENT
Situated in
Lot 1 —A, Block A,
Shadydale Acres,
City of Coppell
Dallas County, Texas
NO. CPL 00243
MMUE NAU AND PERKINS
Civil Engineering I Surveying I Landscape Architecture I Planning
/ i�v! 1100 Mocon Street, Fort Worth, TX 76702
L' \PROJECTS \CPLOO243 \cod \survey \EASEMENTS \ROW -1Awg (8 1 7) 3,36-5 77-3 SHEET 2 OF 2
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