Item 8ACITY OF
5OUTHLAKE
MEMORANDUM
(May 3, 2016)
To: Shana Yelverton, City Manager
From: Robert Cohen, Director of Public Works
Item 8A
Subject: Resolution No. 16-017, authorizing the city attorney to bring
condemnation action for the purpose of obtaining a right of
way to construct and maintain water lines, sidewalks, and
roadway appurtenances on land located in the Thomas M.
Hood Survey, Abstract No. 706 at 1000 North White Chapel
Boulevard
Action
Requested: Resolution No. 16-017, authorizing the city attorney to bring
condemnation action for the purpose of obtaining a right of way to
construct and maintain water lines, sidewalks, and roadway
appurtenances on land located in the Thomas M. Hood Survey,
Abstract No. 706 at 1000 North White Chapel Boulevard
Background
Information: The North White Chapel Boulevard Widening project consists of
widening the existing 2 -lane asphalt roadway to a 4 -lane concrete
roadway divided with medians. The City has been acquiring right
of way for this project since August 2012. This property is located
at 1000 North White Chapel Boulevard and is owned by Barbara
Ann Paty.
City staff received an appraisal for the property at 1000 North
White Chapel Boulevard dated March 25, 2013 for $54,000. The
appraised value of $54,000 included the right of way and cost to
repair irrigation.
An offer letter was sent to the property owner on June 21, 2013.
The offer to the property owner was made for the right of way
based upon the appraisal. The right of way is necessary to
accommodate additional travel lanes, relocated city utilities,
installation of a new sanitary sewer line, and pedestrian sidewalks
that are included in the widening project. The construction contract
includes reconstruction of the existing driveway.
ADDraised Value of the Proaert
Right of way zoned AG $30,676
(5,335 sf @ $5.75/sf)
Right of way zoned C-1 (4,296 sf @ $7.00/sf) 30,072
(4,296 sf @ $7.00/sf)
Repair irrigation 1,500
Net Value (rounded) $62,300
Staff has met with the property owner on several occasions.
Shortly after the initial offer was made the property owner suffered
a medical condition that rendered her incapacitated. The Power of
Attorney for the property owner requested condemnation.
A second initial offer was sent to the Power of Attorney on April 17,
2014 that contained additional language requested by the City
Attorney. Shortly after this time City staff received word from Ms.
Paty that the Power of Attorney was no longer representing her.
City staff had an updated appraisal of the property conducted and
an initial offer of $62,300 was sent to Ms. Paty on January 16,
2015. Several meetings were held with Ms. Paty to discuss the
terms of the offer. Ms. Paty feels she deserves compensation for
damages.
Ms. Paty has reviewed a copy of a neighbors offer based on a
similar appraisal. The neighbor received an additional $16,500 for
damages as the right of way purchase rendered the value of the
remainder of the lot after the acquisition less than the remainder
before the acquisition. The lot is non -conforming after the
acquisition. Ms. Paty has a much larger lot that is still a conforming
lot.
The City Attorney restated the initial offer of $62,300 in a letter
dated December 21, 2015. The letter has gone unanswered. The
City Attorney sent a final offer letter dated April 6, 2016.
City staff requests the Council's approval of Resolution 16-017 to
continue the process in a timely manner. The City Attorney will
work with staff and is prepared to proceed with condemnation
proceedings. City Council may consider offering additional
compensation for perceived "damages" in order to close this
acquistition.
Financial
Considerations: Funding for the right of way purchase is available in the previously
approved capital improvement program budget for the North White
Chapel Boulevard Improvements from Emerald Boulevard to 500 -ft
South of Highland Street..
Strategic Link: The construction of the North White Chapel Boulevard
Improvements project links to the city's strategy map relative to the
focus areas of Mobility, Infrastructure, and Performance
Management and Service Delivery. The specific corporate
objectives that are met by the construction of this project include:
C2 - Provide travel convenience within the City and the region and
F2 - Invest to provide and maintain high quality public assets.
Citizen Input/
Board Review: N/A
Legal Review: The standard right of way and easement documents have been
reviewed by the City Attorney's office.
Alternatives: The City Council may approve or deny Resolution 16-017. City
Council may increase the offer.
Supporting
Documents: Location Map
Resolution 16-017
Right of way exhibits
Staff
Recommendation: Approve Resolution No. 16-017, authorizing the city attorney to
bring condemnation action for the purpose of obtaining a right of
way to construct and maintain water lines, sidewalks, and roadway
appurtenances on land located in the Thomas M. Hood Survey,
Abstract No. 706 at 1000 North White Chapel Boulevard
Staff
Contact: Robert Cohen, Public Works Director
Steven D. Anderson, P.E., CFM, Deputy City Engineer
RESOLUTION NO. 16-017
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION
ACTION FOR THE PURPOSE OF OBTAINING A RIGHT OF WAY FOR
CONSTRUCTION AND MAINTENANCE OF ROADWAY
IMPROVEMENTS OR FOR OTHER PUBLIC USES PERMITTED BY LAW
WHEREAS, the City of Southlake is in the process of constructing public roadway
improvements along North White Chapel Boulevard (the "Project") which will serve existing and
future development in the City; and
WHEREAS, in order to complete construction of the Project, it is necessary for the City to
acquire a right of way and easements from property owners who own land across which the Project
will be located; and
WHEREAS, the City and the owner of the property, Barbara Ann Paty, (the "Paty
Properties"), have been unable to reach an agreement on the acquisition of the needed right of way;
and
WHEREAS, the City Council now deems it necessary to authorize the City Attorney to
initiate condemnation proceedings in order to acquire the necessary right of way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The City Council of the City of Southlake, Texas, hereby finds and determines that the
recitals made in the preamble of this Resolution are true and correct, and incorporates such recitals
herein.
SECTION 2.
The City Council of the City of Southlake, Texas hereby finds and determines that a public
necessity exists for the City of Southlake, Texas to acquire a 0.2081 acre right of way on the
Properties, as more particularly described on the attached Exhibit "A" and depicted on the attached
Exhibit "B".
SECTION 3.
The City Attorney is hereby authorized to bring a condemnation lawsuit against the
owners, and any and all other parties having an interest in the property, for the purpose of
acquiring the above referenced right of way and easements through the exercise of the City's
power of eminent domain, provided that the following conditions are first met:
Page 1
(a) The City will obtain ownership information and a legal description for each parcel
to be acquired;
(b) If the property owners and/or other parties are located through the exercise of due
diligence, the City Manager, or her designated representative, will:
(1) Make a final offer to the owners and/or other parties for the purchase of the
above referenced right of way and easements;
(2) When the final offer to purchase is made, the City Manager or her
representative will disclose to the owners and/or other parties, all existing appraisal reports or
value studies produced or acquired by the City relating to the owners' or parties' property and used
by the City in determining the amount of the final offer;
(3) If the owners and/or other parties fail or refuse to accept the City's final
offer, the City Manager may direct the City Attorney to file eminent domain proceedings.
(c) When any of the owners and/or other parties cannot be located through the exercise
of due diligence, the City Attorney may skip the actions described in paragraph (b) and may file
eminent domain proceedings against such owners and/or other parties, and shall cite such owners
and/or other parties, who cannot be located, by publication in the manner authorized by law.
(d) The City Council hereby authorizes the City Manager to make final offers to the
owners of such property in such amount as the City Manager determines to be just compensation
for conveyance to the City of Southlake of the above referenced right of way, based upon
appraisals or market studies available to the City Manager.
SECTION 4.
That the City Council hereby finds and determines that the above described right of way is
needed so that the City of Southlake can construct roadway improvements, which is a public use
and is necessary to serve the public health, safety and welfare.
SECTION 5.
That this Resolution shall take effect upon its adoption, and it is so Resolved.
ADOPTED this day of , 2016.
ATTEST:
Lori Payne, City Secretary
Laura Hill, Mayor, City of Southlake
Page 2
EXHIBIT "A"
County: Tarrant Page 1 of 3
Street: North White Chapel Boulevard Date: May 10, 2013
HZ Job No. 01-3991-01
Description for Parcel 17
BEING, 9,063 square feet of land, more or less, in the Thomas M. Hood Survey, Abstract
No. 706, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed by deed to Barbara Ann Hartz (currently Barbara Ann Paty), as recorded in
Volume 7632, Page 2174 of the Deed Records of Tarrant County, Texas (D.R.T.C.T), said
9,063 square feet of land being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found at the northeast corner of Lot 1, Block 2 of the
Carroll ISD No. 2 Addition, an addition to the City of Southlake as recorded in Cabinet A,
Slide 4516 of the Plat Records, Tarrant County, Texas (P.R.T.C.T.);
THENCE, along an extension of the northerly line of said Lot 1, North 89 degrees 13
minutes 49 seconds East a distance of 1.64 feet to a point for comer;
THENCE North 00 degrees 07 minutes 20 seconds West a distance of 47.10 feet to a point
at the beginning of a curve to the left having a delta angle of 01 degrees 08 minutes 15
seconds, a radius of 4,952.00 feet, being subtended by a chord which bears North 00 degrees
41 minutes 28 seconds West, a distance of 98.32 feet;
THENCE along said curve to the left an arc length of 98.32 feet to a 5/8 inch iron rod set
with plastic cap stamped "Huitt-Zollars" at the end of said curve and being on the new
westerly right-of-way line of North White Chapel Boulevard and being the POINT OF
BEGINNING having NAD 83 (HARN 1993) Texas State Plane, North Central Zone (4202)
surface coordinates of North 7033763.82, and East 2382576.72;
1) THENCE continuing along the new westerly right-of-way line of North White Chapel
Boulevard, North 01 degrees 55 minutes 21 seconds West a distance of 293.02 feet to 1/2
inch iron rod found with plastic cap stamped "TX REG NO 100189-00" at the southwest
corner of a 0.621 acre tract of land as described in instrument to the City of Southlake, as
recorded in D213086274, Official Public Records, Tarrant County, Texas;
2) THENCE along the southerly line of said City of Southlake tract, North 85 degrees 56
minutes 26 seconds East a distance of 33.42 feet to a 1/2 inch iron rod found on the
existing westerly right-of-way line of North White Chapel Boulevard;
3) THENCE along the existing westerly right-of-way line of North White Chapel
Boulevard, South 00 degrees 56 minutes 11 seconds East a distance of 294.46 feet to a
point for comer at the southeasterly corner of said Hartz tract;
EXHIBIT "A"
County: Tarrant Page 2 of 3
Street: North White Chapel Boulevard Date: May 10, 2013
HZ Job No. 01-3991-01
Description for Parcel 17
4) THENCE along the southerly line of said Hartz tract, South 88 degrees 22 minutes 16
seconds West a distance of 28.33 feet to the POINT OF BEGINNING and containing
9,063 square feet of land, more or less.
BASIS OF BEARING: Survey control for White Chapel Boulevard is based on City of
Southlake control monuments #22, #26 & #30. Project coordinate values are State Plane
NAD 1983(HARN 1993), North Central Texas Zone 4202, adjusted to surface using a factor
of 1.000155478. To convert project coordinates back to grid (true state plane) multiply by
0.999844546.
For: Huitt-Zollars, Inc.
a �v(t3
Eric J. Yahou y
Registered Professional Land Surveyor
Texas Registration No. 4862
Huitt-Zollars, Inc.
1717 McKinney Avenue
Suite 1400
Dallas, Texas 75202-1236
Ph. (214) 871-3311
Date: May 10, 2013
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