COUNCIL CHAMBER

1 6O643April 27, 2016

WHEREAS, the City of Dallas (City) owns land in southeast Dallas known as theKleberg Trail, which was acquired for park purposes and has been maintained asparkland; and

WHEREAS, a portion of the Kleberg Trail has been identified by the Texas Departmentof Transportation (TxDOT) as necessary for the construction of improvements to 1-20Frontage Roads, and must acquire approximately 71,109 square feet of land for suchimprovements, as shown on Exhibits A and B, and the Park and Recreation Board isagreeable to providing the property for this use; and

WHEREAS, TxDOT is agreeable to designing and constructing its improvements suchthat the City’s ability to make future improvements to the Kleberg Trail shall not beimpaired as shown on Exhibit C; and

WHEREAS, the Texas Parks and Wildlife Code, Chapter 26 (Section 26.001 through26.004), requires that before a municipality may approve any program or project thatrequires the use or taking of any public land designated and used as parkland, thegoverning body of such public municipality must determine that there is no feasible andprudent alternative to the use or taking of such land, and that the program or projectincludes all reasonable planning to minimize harm to the remainder of the park; and

WHEREAS, prior to making this determination, notice must be given and a publichearing be held relative to the proposed change of park use; and

WHEREAS, the City Council desires to give notice and hold such hearing inaccordance with the law with respect to the dedication of a portion of the Kleberg Trailto TxDOT.

Now, Therefore,

BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITYCOUNCIL OF THE CITY OF DALLAS:

SECTION 1. That the Park and Recreation Department is hereby authorized anddirected to advise in writing of such proposed use of the park property by delivering anotice for publishing to the official newspaper to be advertised once each week forthree consecutive weeks, the last publication to be not less than one week nor morethan two weeks before the date of the hearing, which shall be held in the City CouncilChambers on May 25, 2016.

SECTION 2. That the approval of the aforementioned project by the City Council, atthe close of said hearing, shall be construed as making the proper findings as to theuse, taking, and conveyance of parkland, consistent with the Texas Parks and WildlifeCode and the Texas Local Government Code.

COUNCIL CHAMBER

1 6064.3April27, 2016

SECTION 3. That the Chief Financial Officer is hereby authorized to deposit fundsreceived from the Texas Department of Transportation into Fund 0530, DepartmentPKR, Unit 919A, Revenue Code 8482.

SECTION 4. That this resolution shall take effect immediately from and after itspassage in accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved.

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160643Exhibit “A”

County: Dallas Page 1 of 5Parcel: 8 August 2014Highway: Interstate Highway 20ROW CSJ: 2374-03-082

LEGAL DESCRIPTION FOR PARCEL 8

BEING a 1.6324 acre tract of land situated in the Solomon Dixon Survey, AbstractNumber 407 in the City of Dallas, Dallas County, Texas, Official City of Dallas BlockNumbers 8765, 8766, 8790, 8794 and being a part of a called 5.253 acre tract of landdescribed as Kleberg Trail Corridor Parcel 5 in Donative Deed without Warranty to theCity of Dallas, as recorded in Instrument Number 201100327219 of the Official PublicRecords of Dallas County, Texas (O.P.R.D.C.T.), and being more particularly describedas follows:

COMMENCING at a point on the northeast line of said 5.253 acre tract for the southcorner of a called 1.6173 acre tract of land described in Warranty Deed to RJC Theaters,LLC, as recorded in Instrument Number 200503570214, O.P.R.D.C.T. and the southwestcorner of a called 5.7147 acre tract of land described in Special Warranty Deed withVendor’s Lien to RJC Theatres, LLC, as recorded in Volume 2005083, Page 05877,OP.R.D.C.T. having NAD83 (2011 Adjustment) Texas State Plane North Central Zone(4202) surface coordinates North 6,939,137.63 feet, East 2,543,295.28 feet, from which a1/2-inch found iron rod for witness bears North 68 degrees 34 minutes 42 seconds East adistance of 0.63 of a foot;

THENCE North 53 degrees 37 minutes 54 seconds West, with the northeast line of said5.253 acre tract and with the southwest line of said 1.6173 acre tract, a distance of 290.50feet to a 5/8-inch set iron rod with a TxDOT aluminum cap having NAD83 (2011Adjustment) Texas State Plane North Central Zone (4202) surface coordinates North6,939,309.89 feet, East 2,543,061.36 feet for the POINT OF BEGINNING, said pointbeing on the proposed southerly right-of-way line of Interstate Highway 20 (a variablewidth right-of-way) for the point of curvature of a non-tangent circular curve to the righthaving a radius of 1,000.00 feet and a chord that bears South 42 degrees 42 minutes 59seconds West a distance of 100.62 feet; **

1) THENCE Southwesterly, departing the northeast line of said 5.253 acre tract andthe southwest line of said 1.6173 acre tract, over and across said 5.253 acre tract,and with the proposed southerly right-of-way line of said Interstate Highway 20and with said curve, through a central angle of 05 degrees 46 minutes 02 seconds,an arc distance of 100.66 feet to a 1/2-inch set iron rod with a yellow plastic capstamped “HALFF” on the southwest line of said 5.253 acre tract and the northeastline of a called 5.45 acre tract of land described in Warranty Deed to MatthewMillard, as described in instrument Number 200503553505, O.P.R.D.C.T. for theend of said curve;

LDS.docx

160643Exhibit “A”

County: Dallas Page 2 of 5Parcel: August2014Highway: Interstate Highway 20ROW CSJ: 2374-03-082

2) THENCE North 53 degrees 37 minutes 54 seconds West, with the southwest lineof said 5.253 acre tract and with the northeast line of said 5.45 acre tract, passingthe north corner of said 5.45 acre tract on the existing south right-of-way line ofsaid Interstate Highway 20 (a variable width right-of-way) at a distance of 86.56feet, continuing with the southwest line of said 5.253 acre tract and over andacross said Interstate Highway 20, in all, a total distance of 715.77 feet to a 5/8-inch set iron rod with a TxDOT aluminum cap at the intersection of the proposednortherly right-of-way line of said Interstate Highway 20 with the existing northright-of-way line of said Interstate Highway 20 for corner; **

3) THENGE-North-4S degrees-52--minutes-44-seeonds-East, departing-the-southwestline of said 5.253 acre tract, over and across said 5.253 acre tract, and with theproposed northerly right-of-way line of said Interstate Highway 20, a distance of102.43 feet to a 5/8-inch set iron rod with a TxDOT aluminum cap on thenortheast line of said 5.25 3 acre tract and the southwest line of a called 1.6208acre tract of land described in Special Warranty Deed with Vendor’s Lien toMartin Brena, Jr. and Alvaro Brena, as recorded in Instrument No. 20080312211,O.P.R.D.C.T., and Affidavit, as recorded in Instrument No. 200900190950,O.P.R.D.C.T. for corner; **

4) THENCE South 53 degrees 37 minutes 54 seconds East, departing the proposednortherly right-of-way line of said Interstate Highway 20, with the northeast lineof said 5.253 acre tract and with the southwest line of said 1.6208 acre tract,passing the south corner of said 1.6208 acre tract on the existing north right-of-way line of said Interstate Highway 20 at a distance of 37.82 feet, continuing withthe northeast line of said 5.253 acre tract and over and across said InterstateHighway 20, passing the west corner of a called 1,353 square foot tract of landdescribed in Warranty Deed to Thomas B. Hendricks and Linda E. Hendricks, asrecorded in Instrument Number 201100089453, O.P.R.D.C.T. on the existingsouth right-of-way line of said Interstate Highway 20 at cumulative distance of657.72, continuing with the northeast line of said 5.253 acre tract and with thesouthwest line of said 1,353 square foot tract, passing the south corner of said1,353 square foot tract and the southwest corner of said 1.6173 acre tract at acumulative distance of 702.86 feet, continuing with the northeast line of said5.253 acre tract and with the southwest line of said 1.6173 acre tract, in all, a totaldistance of 704.71 feet the POINT OF BEGINNING AND CONTAINING71,109 square feet or 1.6324 acres of land, more or less.

LD 8docx

160643Exhibit “A”

County: Dallas Page 3 of 5Parcel: .S. August 2014Highway: Interstate Highway 20ROW CSJ: 2374-03-082

** The monument described and set may be replaced with a TxDOT Type II right-of-waymarker upon the completion of the construction project, under the supervision of a RPLS,either employed or retained by the State.

The Basis of Bearing is the North American Datum of 1983, Texas State PlaneCoordinate System, North Central Zone 4202. All distances are surface distances.Surface Adjustment Scale Factor: 1.0001365060.

I, Heath W. Brown, a Registered Professional Land Surveyor, hereby certify that thelegal description hereon and the accompanying plat of even date represent an actualsweyinade oitthenncLundermysupervision.

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Heath W. BrownRegistered Professional Land SurveyorTexas No. 6189Half Associates, Inc.,1201 North Bowser Rd.Richardson, Texas 75081TBPLS Firm No. 10029600

LD 8.docx

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LEGENDEBISTING RIGHT OF WAY LINEPROPOSED RIGHT OF WAY LINE

PROPOSED BASELINE — — -i—— — —

PROPERTY LINE

COUNTY LINEACCESS DENIAL LINE IIIACCESS IS PROHIBITED ACROSS THE ACCESS DENIAL LINESURVEY LINE — —- —

FENCE LINE —X—-—--—X—

CITY LIMITS

EASEMENTS

RAILROAD

5TRUCTUREFIR FOUND IRON RODFIR FOUND IRON PIPEIC.M.) CONTROL MONUMENTHEIR. NO. INSTRUMENT NUMBERMON. • MONUMENT

o 1/2-111tH SET IRON ROD WITH YELLOW PLASTIC CAPSTAMPED )4ALFF IUNLE5S NOTEDI

S/B-INCH IRON ROD WITH T000T ALLIMINUM CAP

• FOUND MONUMENT lAS NOTEW

• THE MONUMENT DESCRIBED AND SET MAY BE REPLACED WITHH TODD? TYPE II RIGHT OF NAY MARKER UPON THE COMPLETIONOF THE CONSTRUCTION PROJECT UNGER THE SUPERVISION OF ARPLS, EITHER EMPLOYED OR RETAINED BY THE STATE.

The Basis of Bearing Is the NorthAmerican Datum of 1983. Texas StatePlane Coordinate System, North CentralZone 4202. Aildlstances ore surfocodlfonces. Surface Adjustment ScoleFactor: 1.0001365060.

EXHIBIT “A”PARCEL 8

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GRAPHIC SCALE

(CALLED 1.806 ACRES)PARCEL 24

STATE OF TEXASVOL. 6719S, PG. 2144

D.R.D.C.T.

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BLOCK 8790UNFLA TTED

(CALLED 1.6)73 ACRES)RJC THEATERS, LLC

NSTR. NO. 2005035702)40.P.R.D.C.T.

(CALLED 1.353 SQUARE FEET)THOMAS E. HENDRICKS AND

LINDA E. HENDRICKSINSTR. NO. 201100089453

0.P.R.D.C.T.

/POINT OF BEGiNNINGN6,939,3O9.89E21543.061.36STA. 22000. 00

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(,ALLED 4.913 ACRES)PARCEL 45

STATE OF TEXASCAUSE NO. CC-67--1O66-b “•*

THE COUNTY COURT OF DALLAS-);COUNTY AT LAW NO.2, j’ 5TA21913DALLAS COUNTY, TEXAS 7 375.47’ RT

VOL. 67066, PG. 0910 .,,(D.R.D.C.T.

(CALLED 5.45 ACRES)MATTHEW MILLARD

INSTR. NO. 2005035535050.P.R.D.C.T.

BLOCK 8790UNPLA TTED

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CAP BEARS N89°29’55’W 1.56’

A PLAT OF A SURVEY OFA 71,109 SQ. FT. TRACT OF LANDIN THE SOLOMON DIXON SURVEY

ABSTRACT NUMBER 407DALLAS COUNTY, TEXAS

AUGUST 2014DATE

PARCEL 8 ROW CSJ: 2374-03O82

EXHtBIT 11A1PARCEL 8

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BLOCK 876€UNPLATTED

.(CALL.Efl1,28 ACRES)MARTIN BRENA, JR.

(REMAINDER OFAND ALVARO BRENA

CALLEDTH KALLAUS73 ACRES)

INSTR. NO. 20080312211

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CALLE 1.941 ACRES)R.O,W. LINE /PARCE 26

STATE OF TEXASVOL. 377, PG. i231

(CALLED, 4.913 ACRES)PARCEL 45

STATE OF TEXASCAUSE NO; CC-67-1066-b

THE COUNTY COURT OF DALLASCOUNTY AT LAW NO. 2,DALLAS COUNTY, TEXAS

VOL. 67066, PG. 0910D.R.D.C.T.

AUGUST 2014DATE

GRAPHfC SCALE

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0’ 50’ 100’ 200’

(CALLED 2.674 ACRES)TRACT NO. 1

CAMERON DEE SEWELL.TRUSTEE OF THE WILLIAM

A,,SWELL REVOCABLE TRUSTVOL. 87O53 PG-161

0R.O.C.T.

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The Basis of Bearing is the North AmericanDatum of 1983, Texas State Plane CoordInateSystem. North CentralZorie 4202. All distancesare surfoce distances. Surface AdjustmentScale Factor: 1.0001365060.

HEREBY CERTIFY THAT THIS ftaTIS BASED ON AN ON THE CROUND SURVEYMADE UNDER MY SUPERVISION AND.TO THE BEST OF MT ENOWI EDGE.IS TRUE AND CORRECT.

HEATH B. BROWN. R.P.L.S TEXAS No. ElBA

A PLAT OF A SURVEY OFA 71,109 SQ. FT. TRACT OF LANDIN THE SOLOMON DIXON SURVEY

ABSTRACT NUMBER 407DALLAS COUNTY, TEXAS

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