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