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RE 2021-0928.1 DART Silver Line Rail AlignmentRESOLUTION NO. 2021-0928.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS IN SUPPORT OF THE DALLAS AREA RAPID TRANSIT RESOLUTION NOS. 210061 AND 210103 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, on May 25, 2021 and August 10, 2021, the DART Board of Directors approved Resolutions 210061 and 210103 declaring a public necessity, established just compensation, and authorizing the acquisition of property within the City of Coppell for the Silver Line Regional Rail Project through eminent domain proceedings, if necessary; 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 Nos. 210061 and 210103, attached hereto as Exhibit 1, related to the adoption of the Silver Line alignment for light rail service. RESOLUTION ofthe DALLAS AREA RAPID TRANSIT BOARD (Executive Committee) 210103 RESOLUTION Approval to Declare Public Necessity, Establish Just Compensation, and Authorize the Acquisition of Parcel CB1-014B Located in the City of Coppell, Texas, for the Silver Line Regional Rail 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 parcel described in Exhibit I is required for the construction of the Silver Line Regional Rail project; and WHEREAS, after careful review of this parcel and the recommendation of the President & Chief Executive Officer, the Board desires to declare the acquisition of this parcel a public necessity, to approve the offer of just compensation for this parcel, and to authorize the President & Chief Executive Officer or her designee to proceed with the negotiation and purchase of this parcel, and if necessary, the acquisition of this parcel through eminent domain; and WHEREAS, funding for this real estate acquisition is within current Budget and FY 2021 Twenty-Year Financial Plan allocations. NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors that there is a public necessity for the acquisition of Parcel CB 1-014 described in Exhibit 1. This property is necessary and proper for construction of the Silver Line Regional Rail 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 Project as determined by a Texas State Certified Real Estate Appraiser and reviewed by Texas State Certified Real Estate Appraiser. In the event the property owner accepts the payment of just compensation, the President & Chief Executive Officer or her 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 & Chief Executive Officer or her designee is hereby authorized and directed to negotiate the purchase of such parcel in accordance with DART's Real Estate Policy. If the President & Chief Executive Officer or her designee is unable to negotiate the purchase of this parcel 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 this parcel for the Silver Line Regional Rail 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 CB1-014B. 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. Declare Pub Nee in Coppell CBI-014B 8/10/2021 9:04:49 AM Enclosure 1 210103 Approval to Declare Public Necessity, Establish Just Compensation, and Authorize the Acquisition of Parcel CBl-014B Located in the City of Coppell, Texas, for the Silver Line Regional Rail Project, and Authorize Eminent Domain Proceedings, if Necessary APPROVED AS TO FORM: Gene Gamez General Counsel Declare Pub Nee in Coppell CBI-014B ATTEST President & Chief Executive Officer August 1 O. 2021 Date 2 8/10/2021 9:04:49 AM Enclosure 1 Field Notes Describing a 11,053 Square Foot (0.2537 Acres) Parcel CBl-014B 210103 Exhibit 1 BEING a 11,053 square feet or 0.2537 acre tract of land situated in the James A. Simmons Survey Abstract No. 1296, City of Coppell, Dallas County, Texas, said 11,053 square feet of land being a portion of the apparent abandoned right-of-way of Old Coppell Road, being a public right-of-way of unknown width as shown on Dallas County Plat Books, Abstract No. 1296, Sheet I. Said right-of-way is no longer in public use and record of official abandonment not found, said 11,053 square feet of land being more particularly described by metes and bounds as follows; COMMENCING at a 5/8 inch iron rod with a cap stamped "JDJR 4184" found (controlling monument) at the most westerly southwest property corner of a called 3.729 acre tract conveyed to Amado Soto and Flora Soto, by deed thereof filed for record Volume 81147, Page 2027, D.R.D.C.T., same being the southeast property corner of a called 1.298 acre tract conveyed to Hummingbird Flight, LLC, by deed thereof filed for record in Instrument Number 201600007206, Official Public Records, Dallas County, Texas (O.P.R.D.C.T.), said commencing point being on the north right-of-way line of Southwestern Boulevard (being a variable width public right-of-way) from which a 3/8 inch iron rod in concrete found (controlling monument) at the most westerly northwest property corner of the said 3.729 acre tract, same being the northeast property corner of the said 1.298 acre tract, and further being on the southerly right-of-way line of a tract of land conveyed to Dallas Area Rapid Transit, by deed thereof filed for record in Volume 91008, Page 1341, D.R.D.C.T., bears North 00 °41 '45" West, 232.94 feet, said commencing point also being at the beginning of a non-tangent curve to the right having a radius of 488.40 feet; THENCE along the southwest property line of the said 3.729 acre tract, along the said north right-of-way line, with said curve to the right, through a central angle of 2°05'03", an arc length of 17.77 feet, and across a chord which bears South 73 °16'25" East, a chord length of 17.77 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set at the POINT OF BEGINNING of the herein described tract of land, said beginning point being at the most southerly southwest property corner of the said 3.729 acre tract; THENCE North 87°21 '24" East, departing the said north right-of-way line and along the south property line of the said 3.729 acre tract, 530.82 feet to a I inch iron pipe in concrete found at the southeast property comer of the said 3. 729 acre tract, said iron pipe found also being on the west property line of a called 1.321 acre tract conveyed to Daniel C. Soto, by deed thereof filed for record in Volume 200043, Page 7002, O.P.R.T.C.T.; THENCE South 00°36'54" East, along the said west property line of the 1.321 acre tract, 32.50 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set at the most northerly northeast property corner of a 0.954 acre tract of land that Amado Soto conveyed to the Amado Soto's Enterprises, Inc., by Warranty Deed, as recorded in Volume 94221, Page 2030, filed November 15, 1994, Deed Records, Dallas County, Texas (D.R.D.C.T.); THENCE North 89°50'54" West, departing the said west property line and along the north property line of the said 0.954 acre tract, 416.27 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set at the northwest property comer of the said 0.954 acre tract; THENCE South 01 °23'50" West, along the west property line of the said 0.954 acre tract, 18.44 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set at the southwest property comer of the said 0.954 acre tract, said capped iron rod set also being on the said north right-of-way line of Southwestern Boulevard; THENCE North 77°27'05" West, along the said right-of-way line, I 16.67 feet to the POINT OF BEGINNING, containing 11,053 square feet or 0.2537 acres of land. Declare �eei�9Jppell CBI-014B 8/�lf�j9AM Enclosure 1 Field otes Describing a 11,053 Square Foot (0.2537 Acres) Parcel CBl-014B 210103 Exhibit 1 OTE: All bearings and coordinates are based on the Texas State Plane Coordinate System NAD-83(2011 ), N011h Central Zone (4202). The horizontal datum derived from the 2019 NAD-83 Published (CORS) Stations ZFW I and TXCO. All distances shown are surface values and may be converted to grid by dividing by the conversion factor for Dallas County of 1.000136506. 6/7/21 Surveyor ame: Eric S. Spooner Registered Professional Land Surveyor, Texas No. 5922 Spooner and Associates, Inc. Texas Board of Professional Land Surveying No. I 0054900 Declare f@:1l¥lie9irll9>ppell CBl-01 4 8 2 Enclosure 1 CURVE# RADIUS C1 488.40' CURVE TABLE DELTA 2·os·o3• ARC LENGTH 17.77' CHORD BEARING S73 °16'25"E CHORD LENGTH 17.77' LINE# L1 L2 L3 L4 LS LINE TABLE Exhibit 1 ..., BEARING LENGTH 0 N87°21'24"E 530.82' ..., S00°36'54"E 32.50' .; N89°so•5 4•w 416.27' ., s::. V, s01 •23•so"w 18.44' N77°27'05"W 116.67' CALLED: 3.729 ACRES AMADO SOTO & FLORA SOTO VOLUME 81147, PAGE 2027, O.P.R.D.C.T. N 5/8" CIRF "JDJR 4184" ---"lcM)---- POINT OF BEGINNING 0 50 Feet 100 LEGEND c:•••-• RIGHT OF WAY TO BE ACQUIRED ··-·· O.P.R.D.C.T. OFFICIAL PUBLIC RECORDS. DALLAS COUNTY. TEXAS D.R.D.C.T. (CM) � • 0 DEED RECORDS. DALLAS COUNTY. TEXAS CONTROLLING MONUMENT 5/8 INCH IRON ROD WITH A CAP STAMPED "SPOONER 5922" SET FOUND IRO ROD @ WATER METER @ OVERHEAD UTILITY � ELECTRIC METER GAS METER CLEAN OUT NOTES: I I \ 1. All bearing and coordinates as based on the Texas State Plane Coordinate System NAO 83 (2011) North Central Zone (4202). The horizortol datum derived from the 2019 NAO 8'.3 Published 1CORS) Stations ZFWl and TXCO. 2. /\II distances shown ore surface values and m oy_ be converted to g_rid by dividing by the conversion ,actor for Uollos County of 1.000136506 3. fhis survey was performed withou the benefit of o title com rn itm en t. 4. Easements were not researched by the surveyor. 19-20 TEAM DRIVE\19\19054 DART Cotton Belt Roilwoy\ 054 DART ROW JACOBS ORIGINAL CONTRACT\EASEMENTS-ROW TAKES � w I- (/') >- _J � � z 0 <.:>wa::: I- w CD 0 I-0 (.) ·o� II ':l <V II> t-0 II.I .., 0 a: C. t-a: c( Q CD -st- 0 I m u _J w a::: � n. c ., E"'0 {"' "' 0 "' .0 0 u0 ,,....,. wa:: u r--o l')W LO ct:: 0 "'! s <( ooo-ua::: I- <X: ....J Ow ....J Omw I.,,.. a. w O � a:: I- u <( ....J =>woOu -.JV)a::: 0 I') <(LO a.0 <X: � V> C .0 00 0 N 0 u I a. 0 -, V, -, N w I e .., '1") IY 0 .: :,: � u :,: ;, "' u 0 C 0, -0 ai"' 0 in u I .,. '1") 0 � 0 '-' a 0 0 ... ,.__ UN ... ,,, e:8 ZN 81 u ! "' ({j f.: ,.!. ; 1 ; a j " "' .. � r-"' !h:�g � ·U1 "':9ij• • IZ� �l ,� ��lp1 1en �>i�1 €ii· l:l� 4B.dgn 26-MAY-2021 1 1:14 I-0 w Enclosure 1 ± Text _ Silver Line Corridor Parcel Locations Legend DALLAS AREA RAPID TRANSIT Station Locations §¨¦635 §¨¦35E T e x R a i l 75 DFWTerminal BStation DFW NorthStation Cypress WatersStation Downtown CarrolltonStation CB-1 CB-2 CB-3 City Line/BushStation UT DallasStation Knoll TrailStation Shiloh RoadStation 12th.StreetStationPLANO DALLASNORTH FARMERSBRANCH CARROLLTON COPPELL DALLAS WEST GRAPEVINE LEWISVILLE FLOWER MOUND PrestonRdShilohRdAddisonStation ADDISONMarshLn LunaRoadRoyalLaneFreeportPkwyMockingbirdLnSBeltlineRoadPlanoRdCoitRoadJupiterRdHillcrestRd114 161 121 190 DNT NorthLake AlmaRd§¨¦635 RICHARDSON GARLAND BlueLineLRTRedLineLRT77GreenLineLRT IRVING OrangeLineLRT 75 DFWTerminal AStation _D-08 _D-14JoseyLn SILVER LINE REGIONAL RAIL CORRIDOR _14B _HC1 _D-06 Enclosure 2 0 640 1,280 1,920 2,560320 MetersLegendDALLAS AREA RAPID TRANSITSilver Line Corridor Area To Be Acquired - CB1-14B ËDeclare Public Necessity, Establish Just Compensation, and Authorize the Acquisition of Parcels CB1-14B in the City of Coppell, Texas for the Silver Line Regional Rail Project and Authorize Eminent Domain Proceedings, if necessary.Property Boundaries SouthwesternBlvd. Enclosure 2