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Item 8BCITY OF SOUTH LAKE MEMORANDUM (April 7, 2009) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Resolution No. 09 -019, Authorize the city attorney to bring condemnation action for the purpose of obtaining a permanent public utility easement for the purpose of construction and maintenance of a right turn deceleration lane located at the Southlake Church, Lot 1R1, Brock Addition, located at 2417 West Southlake Blvd. Action Requested: Resolution No. 09 -019, Authorize the city attorney to bring condemnation action for the purpose of obtaining a permanent public utility easement for the purpose of construction and maintenance of a right turn deceleration lane located at the Southlake Church, Lot 1 R1, Brock Addition, located at 2417 West Southlake Blvd. Background Information: Transystems Corporation has prepared construction plans for the FM1709 Water and Sanitary Sewer Relocations for construction of the proposed deceleration lanes. In order to facilitate relocation of these utilities for construction of the proposed Brock Street deceleration lane, a Public Utility Easement needs to be acquired. The property from which the easement is required is owned by the Southlake Church at 2417 West Southlake Blvd. On August 29, 2008, City staff sent a letter to the church requesting dedication of the easement for the relocation of a sanitary sewer line which serves the church building. Staff met with Pastor Mike Dotson on September 24, 2008 to negotiate a settlement on the easement. The church requested an exchange of the easement for a median opening at the western driveway of the property. Staff discussed the possibility with the TxDOT Area Office. Due to safety issues, TxDOT would not allow a median opening at that location. On November 12, 2008, Pastor Mike Dotson requested an exchange of the easement for the City tying an existing church building on to the public sewer system. On December 11, 2008, Mr. Dotson sent staff a construction cost proposal from a plumber. Due to the cost of the conversion from septic to sewer, staff determined that the exchange would not be feasible. At that time, Mr. Dotson informed staff that Mr. Doug Allison would be our contact after the first of the year. On January 29, 2009, staff met with Pastor Doug Allison to discuss the easement dedication and the details of the deceleration lane project. Mr. Allison requested verification from TxDOT if a median opening at the church's western drive would be allowable. Email correspondence with the TxDOT Assistant Area Engineer re- confirmed that an opening at the western driveway of the church would not be allowable due to sight distance issues. Further coordination between City staff and TxDOT staff allowed for the possibility of an opening at Brock Drive, as initially requested by Mr. Dotson, which was not included in the original layout of the median project. In order to keep the projects and project issues separate, on January 30, 2009, staff made an offer by email to the church to purchase the easement based on appraisals on similar properties. February 4, 2009, staff met with Mr. Allison and other church staff to discuss the issues with the possible median opening at Brock Drive. At that meeting, Mr. Allison noted that the church elders were agreeable to the city's offer and he would bring the dedication instruments back by the end of the week. Staff expedited the processing of a check for the church for Friday of that week. Mr. Allison informed staff on Thursday of that week that the church elders did not wish to proceed with the dedication until an outcome was reached on the median location. Staff coordinated with TxDOT to schedule a meeting with the church to discuss the median opening on February 20, 2009. The TxDOT Assistant Area Engineer reiterated the safety concerns and the guidelines of the TxDOT design manual which would not allow for a median opening on the church property. The proposed opening at Brock Drive minimally met the design standards as outlined in the TxDOT design manual. TxDOT did not wish to take on the responsibility for an unsafe design for the convenience of a property owner. Mr. Allison said he would be in touch with staff to finalize the easement dedication. There was one follow -up conversation after the meeting to clarify a point, but staff has not received any further response. On March 16, 2009, a second offer letter was sent to the property owner from the City Attorney reiterating the previous purchase price and explaining the City's process for acquiring property. Neither City staff nor the City Attorney has received a response to the second offer letter. The City has now obtained an appraisal of the property and we are presenting the case to the City Council for consideration of further action. The City Attorney is prepared to make a final offer to the property owner and proceed with condemnation proceedings if the Council approves Resolution 09 -019. Financial Considerations: Funds are budgeted in the 1999 Traffic Management Bond Program for costs associated with the FM 1709 Deceleration Lane project. Strategic Link: The construction of the right turn deceleration lanes at West Southlake Blvd. and Brock Drive links to the city's strategy map relative to the focus areas of Mobility and Infrastructure. The specific corporate objectives that are met by the construction of this new transportation infrastructure include: Providing travel convenience within the City and region, investing to provide and maintain high quality public assets, and providing high quality customer service. Citizen Input/ Board Review: None Legal Review: The resolution was prepared by the City Attorney. Alternatives: The City Council may approve Resolution No. 09 -019 or deny it. Supporting Documents: Location Map Resolution No. 09 -019 Public Utility Easement exhibit Staff Recommendation: Approve Resolution No. 09 -019, Authorize the city attorney to bring condemnation action for the purpose of obtaining a permanent public utility easement for the purpose of construction and maintenance of a right turn deceleration lane located at the Southlake Church, Lot 1 R1, Brock Addition, located at 2417 West Southlake Blvd. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Cheryl Taylor, P.E., Civil Engineer RESOLUTION NO. 09 -019 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A PUBLIC UTILITY EASEMENT FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF A RIGHT TURN DECELERATION LANE OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing a right turn deceleration lane at the intersection of West Southlake Boulevard and Brock Drive (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 public utility easement from property owners who own land across which the Project will be located; and WHEREAS, the City and the owner of one of said properties, Southlake Church (the "Church Property"), have been unable to reach an agreement on the acquisition of the needed public utility easement; and WHEREAS, the City Council now deems it necessary to authorize the City Attorney to initiate condemnation proceedings in order to acquire the necessary easement. 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 0.020 acre public utility easement on the Property, 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 public utility easement 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 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 easements, 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 public utility easement is needed so that the City of Southlake can construct a right turn deceleration lane, which is a public purpose 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 , 2009. ATTEST: Lori Payne, City Secretary Mayor, City of Southlake Page 2 TSC Job No. P202060434 Page 1 of 3 May 22, 2008 Exhibit A Parcel 3 P.U.E. — Public Utility Easement For Public Use Being a Public Utility Basement out of'the .J.G, Allen Survey, Abstract No. 18, Tarrant County, Texas, and being a portion of a tract of land described as Lot 1R to Southlake Church of Christ, as recorded in Cabinet A, Slide 3899, Plat Records, Tarrant County, Texas (P,R.T.C.T.); said easement being more particularly described by metes and bounds as follows: BEGINNING at 5/8 inch iron rod with plastic cap stamped "TranSystems" set in the common East line of said Lot 1R and the Westerly right -of- -way line of Brock Drive, from which a 5/8 inch iron rod found for the easternmost Southeast corner of said Lot 1 R bears South 00 degrees 14 minutes 42 seconds East, a distance of 50528 feet; 1) Thence South 66 degrees 47 minutes 55 seconds West, along the South line of said easement, a distance of 90.48 feet to a 518 inch iron rod with plastic cap stamped "TranSystems" set; 2) Thence South75 degrees 26 minutes 38 seconds West, continuing along the South line of said easement, a distance of 10437 feet to a 5/8 inch iron rod with plastic cap stamped "TranSystems" set; 3) Thence North 00 degrees 14 minutes 14 seconds West, along the West line of said easement, a distance of 4.62 feet; 4) Thence North 75 degrees 28 minutes 37 seconds East, along the North line of said easement, a distance of 102.61 feet; 5) Thence North 66 degrees 49 minutes 54 seconds East, along the North line of said easement, a distance of 9230 feet to the common East line of said Lot 1R and said Easterly right -of -way line of Brock Drive; 6) Thence South 00 degrees 14 minutes 42 seconds East, along said common line, a distance of 4.79 feet to tine POINT OF BEGINNING and containing 0.020 acres (589 square feet) of land more or less, G: M 0434-5u,�cy ParccW doe TSC Job No P202060434 Page 2 of .3 May 22, 2008 Note: Survey sketch to accompany this legal description, Note: Bearings are based on NAD 83 Datum, Texas State Plane Coordinate System, North Central Zone That 1, David L.: Dawson, a Registered Professional Land Surveyor in the State of Texas, hereby states that this survey was made from an actual on the ground survey made in April, 2008 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Texas Board of Professional Land Surveying i' David L. Dawson Registered Professional Land Surveyor Texas Registration No, 4672 >,s;a — .G72 : -, Date: .1 7z - r - �.. -- G:TW0G SunxyPa=W doc Q tnc6Iron rod with plastic cap stamped / ']'rnnsystems Corporatlon �J , G / //� ® • Marker found "as ndied' � L ��� - '{ � ��� � � ^ C �f SIC J �� e v y � Xi 514N 6 ' ✓ CURVE CL2 DELTA- 26 14 lLT1 ' v 9 R• 1, 909.86 b 941.60 CB- N 65" DI' 19 E 932.09 r ' f VARIABLE WIDTH PERMANENT—` — STREET ROW EASEMENT 5 -- -- -- , O 14'40 E INSTR • D203039334: 7).R. T C T. '10 86' �~ E r " F [709 A9�Z • EK �STING N 95' 14'42E a 4.79' i,- RF A 5, P. N r _n �'AB PARCEL .3 19 UTILITY EASE PER PLAT I i s r - ra'Uriurr EASE 1 i ' N PER PLAT' TING 1 �+ EX PROJECT _ _ --, i 5d 91,0G. LINE. PER PLAT i 104- 19 UTILITY EASE PER PLAT I i 45' BLDG. LINE PER PLAT Scale i � Feet 0 25 50 75 111F NOTE, Legal description to accompany plot. SHEET TITLE 3 . `n 4 f . 7 S PROJECT AM* DaPnrtrnen! 104- P. U. E. PUBLIC U TILITY EASEMENT of rre nspartetlan Adif 7euae (D 208 N 0'14'!4" W FOR PUBLIC [_ISE Page 3 of 3 PROJNQ:P202060434 4 62' DATE: 5.22.2000 DESIGNED BY. CGG DRAWN BY: JAK CHECKED BY; OLD ar x` �u 50UTHLAI(E CHURCH OF CHRIST Q LOT IR, BROCK ADDITION t CAB. A. SLIDE 3899 P.R�T.C.T,. N O w 0.020 ACRES (866 SO. FT.I b 45' BLDG. LINE PER PLAT Scale i � Feet 0 25 50 75 111F NOTE, Legal description to accompany plot. SHEET TITLE m . `n 4 f . 7 SOUTHLAKE CHURCH OF CHRIST PROJECT AM* DaPnrtrnen! ',� 1:.:..� , - d / P. U. E. PUBLIC U TILITY EASEMENT of rre nspartetlan Adif 7euae (D 208 ..y._. �i-�7/ s o,° (:' v \ �,� a aLt3nDC�eryu° �� Iv, FOR PUBLIC [_ISE Page 3 of 3 PROJNQ:P202060434 SCALE:I NCH »50 FEET DATE: 5.22.2000 DESIGNED BY. CGG DRAWN BY: JAK CHECKED BY; OLD