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Item 8A Public Comment FormITEM 8A CITY OF © SOUTI-HLAKE MEMORANDUM December 1, 2020 TO: Southlake City Council FROM: Kenneth Baker, Sr. Director of Planning and Development Services SUBJECT: Consider the use of eminent domain to condemn property and consider Resolution No. 20-054 authorizing the filing of eminent domain proceedings for the purpose of acquiring fee simple title in and to an approximate 1,414 square foot right-of-way from the FM 1938 corridor for the construction of roadway improvements to provide public access to Davis Boulevard (FM 1938) and for other public purposes permitted by law. Requested Action: Consider approval of Resolution No. 20-054 (Attachment A) Background: The City of Southlake desires to acquire fee simple title to the Property described in Attachment A (Exhibits "A" and "B") of the attached resolution and currently owned by the Town of Westlake in order to construct roadway improvements to provide public access from a future residential development in Southlake to Davis Boulevard (FM 1938). The City of Southlake has approved a 13 lot subdivision along the eastern portion of Davis Boulevard and believes that public access to Davis Boulevard (FM 1938) from this subdivision is a public necessity that benefits the public health, safety and welfare of Southlake citizens (See Attachments B and C). The City of Southlake is seeking to acquire approximately 1,414 square feet of right of way from the FM 1938 corridor in the Town of Westlake to allow for public access to the subdivision. Approval of Resolution 20-054 will authorize the City Attorney to bring eminent domain proceedings against the Town of Westlake and any other parties having an interest in the referenced property. The City made an initial offer to the Town of Westlake to purchase the property on or about October 13, 2020 and made a final offer to purchase the property on or about November 16, 2020. To date, of this memo, the City and the Town of Westlake have been unable to reach an agreement. City Council ITEM 8A December 1, 2020 Page 2 Financial Considerations: Special Commissioner's "Award" to compensate for the property. Strategic Link: Focus Area: Safety and Security Citizen Input/ Board Review: N/A Legal Review: The City Attorney has reviewed the resolution. Supporting Documents: Attachment A: Resolution No. 20-054 Attachment B: Thirteen (13) lot sudivison development plan Attachment C: Aerial Photo Staff Recommendation: City Council approval of Resolution No. 20-054. City Council ITEM 8A December 1, 2020 Page 3 ATTACHMENT A RESOLUTION NO. 20-054 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE PURPOSE OF ACQUIRING FEE SIMPLE TITLE IN AND TO AN APPROXIMATE 1,414 SQUARE FOOT RIGHT-OF-WAY FROM THE FM1938 CORRIDOR FOR THE PURPOSE OF CONSTRUCTING ROADWAY IMPROVEMENTS TO PROVIDE PUBLIC ACCESS TO DAVIS BOULEVARD (FM 1938) AND FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake, Texas ("the City") desires to acquire fee simple title to the Property described below in order to construct certain municipal improvements, specifically roadway improvements, in order to provide public access to Davis Boulevard (FM 1938); and/or other public purposes permitted by law, in order to serve existing and future developments in the City and the citizens of the City (the "Project"); and WHEREAS, the Property necessary for the Project is owned by the Town of Westlake, Texas (the "Owner"); and WHEREAS, the City made an initial offer to the Owner to purchase the Property on or about October 13, 2020; and WHEREAS, the City has provided to the Owner a copy of the Land Owner's Bill of Rights, as required by law; and WHEREAS, the City made a final offer to the Owner to purchase the Property on or about November 16, 2020; and WHEREAS, the City and the Owner have been unable to reach an agreement on the acquisition of the Property, a 1,414 square foot tract of right-of-way located in the William H. Martin Survey, Abstract No. 1068, Town of Westlake, Tarrant County, Texas, being a portion of Davis Boulevard (FM 1938) and being more particularly described in Exhibit A and Exhibit B (the "Property"); and WHEREAS, the City Council finds and determines that the acquisition of the Property for the Project constitutes a public use for a public purpose; and WHEREAS, the City Council now deems it necessary to authorize the City Attorney to initiate eminent domain proceedings in order to acquire fee simple title to the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: City Council December 1, 2020 Page 4 SECTION 1. ITEM 8A The City Council of the City of Southlake, Texas, hereby finds and determines that the recitals made in the preamble to 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 Project and that acquisition of approximately 1,414 square feet of right-of-way from the FM -1938 Corridor in Westlake, Tarrant County, Texas, as described and depicted on the attached Exhibits "A" and "B," which exhibits are incorporated herein for all purposes, in fee simple to provide public access to Davis Boulevard (FM 1938) and/or other public purposes permitted by law is necessary for the Project. SECTION 3. The City Attorney is hereby authorized to bring eminent domain proceedings against the Owner, and any and all other parties having an interest in the above referenced Property, for the purpose of acquiring such Property through the exercise of the City's power of eminent domain should the Owner and/or other parties fail or refuse to accept the City's final offer within the time period established by law. SECTION 4. The City Manager and City Attorney are authorized to comply with the statutes of the State of Texas with reference to the necessary legal prerequisites existing or relating to the exercise of eminent domain to acquire said Property for the purpose of providing public access to Davis Boulevard (FM 1938) and/or other public purposes permitted by law. SECTION 5. The City Council hereby finds and determines that the Property is needed so that the City can construct and maintain the Project, which is a public purpose and is necessary to serve the public health, safety and welfare. SECTION 6. The City Council finds that such acquisition in this eminent domain proceeding is necessary in order to serve the public health, safety and welfare. PASSED, APPROVED and EFFECTIVE this day of December, 2020. City Council ITEM 8A December 1, 2020 Page 5 LAURA HILL, Mayor ATTEST: AMY SHELLEY, City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney City Council December 1, 2020 Page 6 EXHIBIT "A" - 1,4.14 SQUARE FEET - RIGHT -OFA AY SIYUATED IN TM WILLIAM H_ hi kRTI d SURV13 , ABSTRACT NO. 1063 TO WN OF'L4 ESTLAKE, TARRAFTT COUNTY , TEXAS BELNG a tract of Land situated in the V illiam H. hfartin Survey, A.batract No. 106S, Town of W stlake, Tarraut County, Texas, being a portion of Davis Boulevard (F -N -L 1935) (variable mtiilth public right -of -may , and being more particularly described by metes and bounds as follolra 03earings and distances are based an the State Flame Coordinate System, Texas Nortb Central Zone (4202) N"arth American Daturn of 1953 (NAD 53){ES Fcct) ;with a e-qubined scale factor of 1001zj: COMMENCING at a 1; 2-iwch mbar with a yellow cap found for the Northntest comer of a tract of laud conveyed to SRI Southlake Villas LLC, by deed recorded in Document No. D216074531 of the Deed Records of Tarrant County, Texas, and Lying on the East right-of-na} Line of said Danis Boulevard, THENCE South 00 Degrees 32 Manutes 53 Seconds East, with the East right -of .tiny line of said Dak-is Bouleaard, also bei the toir'est line of said SRI Southlake villas LLC tract, a distance of 366.15 feet w a point for corner, and the FCIINI OF BEGPi'.NZYG, THENCE South 00 Degrees 32 N inutes 53 Seconds East, continuing with the I&Vest line of said SRI Southlake Villas LLC tract, a distalrce of 32.00 feet to a poiut for comer; THENCE South 45 Degrees 56 minutes 54 Seconds 'West, departing the lTlest line of said SR1 Southlake Villas LLC tract o;. --r, across, and throu;jrthe interior of said Davis Boulevard, a distance of 34.97 feet to a poatrt far corner THENCE 1,Torth 00 Degrees 23 Minutes 05 Seconds Viest, continuing through the interior of acid Davis Bouls-ard, a distance of 50.00 feet to a point for corner; THENCE South 46 Degrees 5? P.finute3 45 Seconds East, continuing through the interior of said Davis Boulesard, a distance of 34.70 feet to the FOiNT OF BEGET N-ING and containing a total of 1.414 square feet, ax0.03? arses of land, more or less. �. OF �£ tib• tiS7 y. +7 ................... iirt_ �eer�les 6443.;.. WINDROSE LAND SURVEYING I PLATTING 22>> ELM SrIMET. SIRE 20Q I LEWISVILIE. T% 75057 1 214217.2544 FIRM REGWEA11001 NO_ U144a11 I YANNMESERVICES.CCM1A ITEM 8A City Council December 1, 2020 Page 7 N 04 MR EXHIBIT "B" 1,414 SQ FT. - RIGHT-4RWAY SITUATED IN THE WILLIAM H. MART N SURVEY, A$ STRACT NO. 1068, TC7'rY'N of VVESII-A r.L, TARRANTCOUNTY, TEXAS 1/'2 INCH RERAN 'h1TH A YELLOW CAIS FouND (C,m) S46'157451, i-0Ii l.2fd:l".IS I 17l1? !l -� i . t I F_> 17P ("J '.41 L �I APPArdxwAY LU 004 -� C1T'Y wr r.W2 T' I'C)IN1"tri' CONCRZIE MON. lt'. WINN Nil If -iii} - OIG+�IhNIM1� "F W I N D R O E IT a 032 Y TxDOT ft CONCRZIE MON. lt'. WINN Nil If -iii} mctlrT�mwG1i "F W I N D R O E IT a 032 ,17i ;Sq, FC, LEGEND; IRF , IRON ROD F01 -IND CW - GONTIH-'A h1nNUMENT Fid T C: 1' - PIA P HFt;nF:p:i TART ANT C_ fl! INTY TEXAS UH i` is f . f7E=Fh HFta RO.li TARLRANT COMITY TEXAS, .moi?l :iiit "IH!_..ti 14 t:lI r.. t.; 1, Ix Til L:' i'i! 4,97' T: TxDOT CONCRZIE MON. lt'. WINN Nil If -iii} FOUND (�ft.r W I N D R O E LAND SURVEYING I PLATTING NOTE�_�^''� 2M ELM SHEET. SUITE 263 1 LEWISYIRE. TX 71057 1 214.217.2544 , HRIH EEC42SM"CK' NO. 10194311 i WINMOSEWLYICES.CCM Sy51em, Ti*m Nonh Centt'31 Zxme (421M) 7'TarthAmeriCin Dal m of 3983 (.�';AD 83)JTJa Fact) rAffii a oe ikwd fare 5cbx6f1.00011 20I, ti.t,'. 'X' FOUND KARS 1/2 INCH REBAR 'L&5 S 9911'33' E 0,67' F01JND 3946" (CA-) MARK N PEEPLES \ 1R 1-11i'1m9` d'.41dli:4.�'l'i;i.in.-S'I'1• �' "' 64' It 4%- ¢�, Sw4'14 o: AWLS 6443 ITEM 8A TxDOT CONCRZIE MON. lt'. WINN Nil If -iii} FOUND (�ft.r W I N D R O E LAND SURVEYING I PLATTING NOTE�_�^''� 2M ELM SHEET. SUITE 263 1 LEWISYIRE. TX 71057 1 214.217.2544 , HRIH EEC42SM"CK' NO. 10194311 i WINMOSEWLYICES.CCM Sy51em, Ti*m Nonh Centt'31 Zxme (421M) 7'TarthAmeriCin Dal m of 3983 (.�';AD 83)JTJa Fact) rAffii a oe ikwd fare 5cbx6f1.00011 20I, ITEM 8A City Council December 1, 2020 Page 8 Attachment B Public Access to Davis Blvd (FM 1938) ANTICIPATED SCHEDULE OF DEVELOPMENT START OF CONSTRUCTIOIN MARCH 2019 END OF CONSTRUCTION SEPTEMBER 2019 PROPERTY DATA EXISTING ZONING AG EXISTING LAND USE DESIGNATION LOW DENSITY RESIDENTIAL PROPOSED ZONING R.PUD NUMBER OF LOTS PROPOSED 13 LOTS AVERAGE LOT SIZE 54.206 SF 11.25 ACI GROSSACREAGE 18.35 AC 1709.507 SF AREA EASEMENTSIROW 2.15 AC 193,785 SF NET ACREAGE (MINUS ESMT/ROW) 16.2 AC 1705.7 1 SF GROSS DENSITY 0.708 UNIT51ACRE NET DENSITY 0.802 UNITSIACRE OR � I'I � V ` 7 1.7' - -1 Full Median Opening Attachment C SITE DATA TABLE ANTICIPATED SCHEDULE OF DEVELOPMENT START OF CONSTRUCTIOIN MARCH 2019 END OF CONSTRUCTION SEPTEMBER 2019 PROPERTY DATA EXISTING ZONING AG EXISTING LAND USE DESIGNATION LOW DENSITY RESIDENTIAL PROPOSED ZONING R.PUD NUMBER OF LOTS PROPOSED 13 LOTS AVERAGE LOT SIZE 54.206 SF 11.25 ACI GROSSACREAGE 18.35 AC 1709.507 SF AREA EASEMENTSIROW 2.15 AC 193,785 SF NET ACREAGE (MINUS ESMT/ROW) 16.2 AC 1705.7 1 SF GROSS DENSITY 0.708 UNIT51ACRE NET DENSITY 0.802 UNITSIACRE Maranatha Way — Emergency Access if public access to Davis is achieved ITEM 8A