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RE 2020-0211.2 Resolution supporting DART RESOLUTION NO. 2020-0211.2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS IN SUPPORT OF THE DALLAS AREA RAPID TRANSIT RESOLUTION NO. 190138 RELATED TO THE ADOPTION OF THE SILVER LINE LIGHT RAIL ALIGNMENT; PROVIDING FOR AUTHORIZATION TO EXERCISE EMINENT DOMAIN TO ACQUIRE RIGHT-OF-WAY WITHIN THE CORPORATE LIMITS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE AND PROVIDING WITH AN EFFECTIVE DATE. WHEREAS, Dallas Area Rapid Transit (DART) was created to provide a regional public transportation system, and the acquisition of real property and the planning, design, engineering, and construction of improvements thereon are functions fundamental to the provision of a public transportation system; and, WHEREAS, the City of Coppell, in coordination with DART and other stakeholders, identified a mutually advantageous alignment for the Silver Line to include the Cypress Waters station in the City of Dallas; and, WHEREAS, on August 14, 2018 the City of Coppell City Council approved an Interlocal Agreement with DART; and, WHEREAS, all property acquisition activities related to the Silver Line are conducted by DART; and WHEREAS, after careful review of impacted parcels, the DART Board desires to declare the acquisition of parcels a public necessity, to approve the offer of just compensation for these parcels, and to authorize the President/Executive Director or his designee to proceed with the negotiation and purchase of these parcels, and if necessary, the acquisition of these parcels through eminent domain; and WHEREAS, the property/properties are necessary and proper for construction of the Silver Line Regional Rail Corridor project and for any other use authorized by Chapter 452 of the Texas Transportation Code, and such use is hereby declared to be a public use for a public purpose; and WHEREAS, in order for DART to exercise its power of eminent domain, the Coppell City Council must authorize such within the Coppell city limits. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL THAT: SECTION 1. The City of Coppell supports DART Board of Directors, Resolution No. 190138,attached hereto as Exhibit 1,related to the adoption of the Silver Line alignment for light rail service. SECTION 2. The City of Coppell authorizes DART to exercise eminent domain within the corporate limits of the City of Coppell,Dallas County,Texas for the sole purpose of acquisition of right-of-way for the approved alignment of the Silver Line as set forth in Exhibit 1. SECTION 3. That any other prior resolution of the City Council in conflict with the provisions contained in this Resolution are hereby repealed and revoked. SECTION 4. Should any part of this resolution be held to be invalid for any reason, the remainder shall not be affected thereby, and such remaining portions are hereby declared to be severable. SECTION 5. This resolution shall take effect immediately from and after its passage as provided by law. JLY PASSED and approved by the City Council of the City of Coppell, Texas, on this the I I day of 6 , 2020. APP'O " 1 : 1 & L Jii►: I P' A K.ren Selbo Hunt, M. or ATTEST: Christel Pettinos, Ci Secretary 19 111 APPRO1 • T ORM: Robert E. Hager, Ay Attorney “EXHIBIT A” RESOLUTION of the 190138 : DALLAS AREA RAPID TRANSIT BOARD ,ce/:c\\ .' I ·'n « xecutive Committee) RESOLUTION Declare Public Necessity, Establish Just Compensation, and Authorize the Purchase, Exchange, Lease and/or Value of Real Property for Parcels CBl-013 and CBl-014 being a 4.67-acre 'Tract in the Vicinity of Southwestern D\\vd. and CoppeU Rd. in the City of CoppeU, Texas, and Parcels CB3-026 and CB3-027 being a 0.43-acre Tract in the Vicinity ofK Avenue and 12th Place in the City of Plano, Texas, for the Cotton Belt Silver Line Project and Authorize Eminent Domain Proceedings, if Necessary WHEREAS, Dallas Area Rapid Transit (DART) was created to provide a regional public transportation system, and the acquisition of real property and the planning, design, engineering, and construction of improvements thereon are functions fundamental to the provision of a public transportation system; and WHEREAS, the parcels described in Exhibit 1, Exhibit 2 and Exhibit 3 are required for the construction of the Silver Line Regional Rail Corridor project; and WHEREAS, after careful review of these parcels and the recommendation of the President/Executive Director, the Board desires to declare the acquisition of these parcels a public necessity, to approve the offer of just compensation for these parcels, and to authorize the President/Executive Director or his designee to proceed with the negotiation and purchase of these parcels, and if necessary, the acquisition of these parcels through eminent domain; and WHEREAS, funding for this real estate acquisition is within current Budget and FY 2020 Twenty- Year Financial Plan allocations. NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit (DART) Board of Directors that: · Section 1: There is a public necessity for the acquisition of Parcel CB1-013 described in Exhibit 1. This property is necessary and proper for construction of the Silver Line Regional Rail Corridor project and for any other use authorized by Chapter 452 of the Texas Transportation Code, and such use is hereby declared to be a public use for a public purpose. The amount to be paid represents just compensation for this parcel required for the Silver Line Regional Rail Corridor project as determined by a Texas State Certified Appraiser and reviewed by Texas State Certified Appraiser. In the event the property owner accepts the payment of just compensation, the President/Executive Director or his designee is hereby authorized to execute all necessary legal instruments and to pay necessary relocation expenses, title policy expenses, closing costs, and other such costs as may be required by law to close the purchase of the property. Should the property owner decline the payment of just compensation, then the President/Executive Director or his designee is hereby authorized and directed to negotiate the purchase of such parcel in accordance with DART's Real Estate Policy. If the President/Executive Director or his designee is unable to negotiate the purchase of these parcels for just compensation, the General Counsel is hereby authorized and directed to initiate and prosecute the completion of 10/22/2019 12:39:19 PM Declare Public Necessity Silver Line Regional Rail Project 190138 eminent domi.in l)rooeedings fm the w;:,quisition <}f these pu:cels for the Silver Line Regional Rail Corridor project. DART shall not exercise its power of eminent domain for the acquisition of the parcel described in Exhibit 1 without approval of such acquisition by the City Council of the City of Coppell for Parcel CBl-013. DAR1"s exercise of the power of eminent domain in acquiring the herein described parcel will not unduly impair the then existing neighborhood character of property surrounding or adjacent to the property to be condemned, nor unduly interfere with interstate commerce, nor authorize DART to run its vehicles on railroad tracks which are used to transport property. There is a public necessity for the acquisition of Parcel CBl-014 described in Section 2: Exhibit 2. This property is necessary and proper for construction of the Silver Line Regional Rail Corridor project and for any other use authorized by Chapter 452 of the Texas Transportation Code, and such use is hereby declared to be a public use for - a public purpose. The amount to be paid represents just ,;:,<}m'\\)ensati<m for this parcel req\\lked for the Silver Line Regional Rail Corridor project as detennined by a Texas State Certified Appraiser and reviewed by Texas State Certified Appraiser. In the event the property owner accepts the payment of just compensation, the President/Executive Director or his designee is hereby authorized to execute all necessary 1ega1 instruments and to pay necessary relocation expenses, title policy expenses, closing costs, and other such costs as may be required by law to close the purchase of the property. Should the property owner decline the payment of just compensation, then the President/Executive Director or his designee is hereby authorized and directed to negotiate the purchase of such parcel in accordance with DART's Real Estate Policy. If the Presid nt/Executive Director or his designee is unable to negotiate the purchase of these parcels for just compensation, the General Counsel is hereby authorized and directed to initiate and prosecute the completion of eminent domain proceedings for the acquisition of these parcels for the Silver Line Regional Rail Corridor project. DART shall not exercise its power of eminent domain for the acquisition of the parcel described in Exhibit 2 without approval of such acquisition by the City Council of the City of Coppell for Parcel CBl-014. DART's exercise of the power of eminent domain in acquiring the herein described parcel will not unduly impair the then existing neighborhood character of property surrounding or adjacent to the property to be condemned, nor unduly interfere with interstate commerce, nor authorize DART to run its vehicles on railroad tracks which are used to transport property. There is a public necessity for the acquisition of Parcel CB3-026 described in Section 3: Exhibit 3. This property is necessary and proper for construction of the Silver Line Regional Rail Corridor project and for any other use authorized by Chapter 452 of the Texas Transportation Code, and such use is hereby declared to be a public use for a public purpose. The amount to be paid represents just compensation for this parcel required for the Silver Line Regional Rail Corridor project as determined by a Texas State Certified Appraiser and reviewed by Texas State Certified Appraiser. In the event the property owner accepts the payment of just compensation, the President/Executive Director or his designee is hereby authorized to execute all necessary legal instruments and to pay necessary relocation expenses, title policy expenses, closing costs, and other such costs as may be required by law to close the purchase of the property. Should the property owner decline the payment of just compensation, then the President/Executive Director or his designee is hereby authorized and directed to negotiate the ourchase of such oarcel in accordance with DART's Real Estate 10/22/2019 12:39:19 PM 2 Declare Public Necessity Silver Line Regional Rail Project 190138 Policy. If the President/Executive Director or his designee is unable to negotiate the purchase of these parcels for just compensation, the General Counsel is hereby authorized and directed to initiate and prosecute the completion of eminent domain proceedings for the acquisition of these parcels for the Silver Line Regional Rail Corridor project. DART shall not exercise its power of eminent domain for the acquisition of the parcel described in Exhibit 3 without approval of such acquisition by the City Council of the City of Plano for Parcel CB3-026. DART's exercise of the power of eminent domain in acquiring the herein described parcel will not unduly impair the then existing neighborhood character of property surrounding or adjacent to the property to be condemned, nor unduly interfere with interstate commerce, nor authorize DART to run its vehicles on railroad tracks which are used to transport property. Section 4: There is a public necessity for the acquisition of Parcel CB3-027 described in Exhibit 3. This property is necessary and proper for construction of the Silver Line Regional Rail Corridor project and for any other use authorized by Chapter 452 of the Texas Transportation Code, and such use is hereby declared to be a public use for a public purpose. The amount to be paid represents just compensation for this Qarcel req_uired for the Silver Line Regional Rail Corridor project as determined by a Texas State Certified Appraiser and reviewed by Texas State Certified Appraiser. In the event the property owner accepts the -payment of ju oompen\\!.ation, the President/Executive Di.rector or his designee is hereby authorized to execute all necessary legal instruments and to pay necessary relocation expenses, title policy expenses, closing costs, and other S\\\\d'\\ oots as may be ieq\\\\iied by \\aw to dose the ))\\\\i hase of the ))i rt)r. Should the property owner decline the payment of just compensation, then the President/Executive Director or his designee is hereby authorized and directed to negotiate the purchase of such parcel in accordance with DART's Real Estate Policy. If the President/Executive Director or his designee is unable to negotiate the purchase of these parcels for just compensation, the General Counsel is hereby authorized and directed to initiate and prosecute the completion of eminent domain proceedings for the acquisition of these parcels for the Silver Line Regional Rail Corridor project. DART shall not exercise its power of eminent domain for the acquisition of the parcel described in Exhibit 3 without approval of such acquisition by the City Council of the City of Plano for Parcel CB3-027. DART's exercise of the power of eminent domain in acquiring the herein described parcel will not unduly impair the then existing neighborhood character of property surrounding or adjacent to the property to be condemned, nor unduly interfere with interstate commerce, nor authorize DART to run its vehicles on railroad tracks which are used to transport property. 10/22/2019 12:39:19 PM 3 Declare Public Necessity Silver Line Regional Rail Project 190138 Declare Public Necessity, Establish Just Compensation, and Authorize the Purchase, Exchange, Lease and/or Value of Real Property for Parcels CBt-013 and CBl-014 being a 4.67-acre Tract in the Vicinity of Southwestern Blvd. and Coppell Rd. in tbe City of CoppeU, 'l'exas, and Par-eels CBJ-026 and CBJ-027 being a 0.43-acre Tract in the Vicinity of K Avenue and 12th Place in the City of Plano, Texas, for the Cotton Belt Silver Line Project and Authorize Eminent Domain Proceedings, if Necessary Chau / (,,/ ATTEST APPROVED AS TO FORM: Gene Gamez Genera\\ Counsel October 22 2019 Date 10/22/2019 12:39:19 PM 4 Declare Public Necessity Silver Line Regional Rail Project 190138 i:XHIBH "i Parcel CBl-013 EXHIBIT A Legal Description: BEING a survey of 3.729 acres of land net in the James A. Simons Survey, Abstract No. 1296, Dallas County, Texas, and being a part of H.R.C. Plumlee tract as described In Deed recorded in Volume 693, Page 264; of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a point in the South line of the St. Louis and Southwestern Railroad that is 782.8 feet North 87 degrees 24 minutes East from 'c'ne center'line of 'c'ne Coppell Road, saicl 'oeg·mning point being 'c'ne Northeast corner of the H. R. Plumlee 1.0 acre tract as described in Deed dated July 17, 1950, and recorded NO'\\le:m'oe:r 3, 1%C, in t'rie De:e:o 'i\\e:c.oro!"> oi Da\\\\a!, County, ie:xas, 'oe:ginn\\ng point being 150 foet Sout'ri of center of Railroad; THENCE North 87 degrees 24 minutes East, along said South line of the St. Louis and Southwestern Railroad, 302.2 feet; THENCE North 02 degrees 36 minutes West, 100.00 feet to a point that is 50.0 feet South of the centerline of said Railroad; iHf.NCf. North 8.7 d'i!.gf'i!.'i!.S.14 minut'i!.S. f.as.t, a\\<lng South !iM. o( s.aid Raikoad, 15.7.IJ ('i!.e.t to a rnikoad rai! in place; THENCE South 01 degrees 10 minutes West, along the East line of the H.R.G. Plumlee tract, and passing a railroad rail in place at 100.00 feet, and continuing South 01 degree 10 minutes West, in all on this line 356.2 feet to an iron pipe in concrete at a fence corner post; THENCE South 89 degrees 09 minutes West, along the South line of the said H.R.G. Plumlee tract (same being the center of an abandoned road), 528.0 feet to a point in the Northeast line of Coppell Road; THENCE in a Northwesterly direction along said Northeast line of the Coppell Road, same being in a curve to the left that has a radius of 488.4 feet, a distance of 20.9 feet; THENCE North 02 degrees 15 minutes West, along the East line of the H. R. Plumlee 1.0 acre tract, 231.8 feet to the Point of Beginning and Containing 3.729 acres of land net. 10/22/2019 12:39:19 PM Declare Public Necessity Silver Line Regional Rail Project 190138 'i::XH\\B\\12 Parcel CBl-014 EXHIBIT A Legal Description: Real property situated in the James A. Simmons Survey, Abstract No. 1296, County of Dallas, State of Texas, being a portion of the 275.216 acre parcel of land conveyed to The Southwestern Town Lot Corporation, by deed dated January 19, 1979, recorded in the deed records of said County, and more part'tcu)ar)y descr'1bed as follows: Commencing at the intersection of the center lines of Coppell Road (80 feet wide) and Southwestern Drive (60 feet wide); thence North 89°46'20" East 935.96 feet to the TRUE POINT OF BEGINNING of the parcel of land to be described; thence North 89°46'20" East 416.29 feet; thence South 0°55'40" East 18.38 feet; thence South 33°24'40" East 170.74 feet; thence North 79°30'40" West 179.76 feet; thence North 72°04'40" West 351.25 feet; thence North 01°08'20" East a distance of 18.44 feet to the true point of beginning, containing an area of 0.954 of an acre, more or less. 10/22/2019 12:39:19 PM Declare Public Necessity Silver Line Regional Rail Project ·.·.•(Pf L\[..'\\S A EA AAPl9 TRANSIT _., ,,.... 1,28G 1,920 2,560 • . Declare Public Necilssity; Establish Just Compensation, and Authorize - the Acquisition of Parcels CB1.-01.3 and CB1. 014 in the City of Coppell Texas, and Parcels CB3026 and CB3-027 in the City of Pfano, Texas for the Cotton 7 Outline of Whole ropert/ ... Belt.Silver Line Project .and Authorize DART Property Line/Separating. Eminent Domai.n Proceedings, if necessary. OJI" CB1-013 from CB1-014