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Item 8ACITY OF SOUTH LAKE MEMORANDUM (February 17, 2009) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Resolution No. 09-009, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right of way for construction and maintenance of roundabout intersection improvements at the intersection of East Dove Road and North Carroll Avenue from Lot 1, Block 1, Emerald Estates South located at 2379 North Carroll Avenue. Action Requested: Resolution No. 09-009, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right of way for construction and maintenance of roundabout intersection improvements at the intersection of East Dove Road and North Carroll Avenue from Lot 1, Block 1, Emerald Estates South located at 2379 North Carroll Avenue. Background Information: Teague Nall and Perkins, Inc. has prepared construction plans for the roundabout and storm drain construction at the intersection of North Carroll Avenue and East Dove Road. In order to facilitate construction of the proposed improvements, right of way will be required from 5 tracts of land located in the vicinity of the intersection. One of the tracts is owned by Dr. Greg L. Gist at 2379 North Carroll Avenue (the "Gist" property). On September 15, 2008, City staff sent the property owner an offer letter to purchase the right of way at a price based on the appraised value for the tract. On December 11, 2008, a second offer letter was sent after completion of the property appraisal. Dr. Gist subsequently made a counter- offer on January 12, 2009 for the proposed acquisition of his property. The counter-offer exceeds the appraisal to such an extent that staff is presenting the resolution for condemnation to the Council for action. The City Attorney is prepared to make a final offer to Dr. Gist and proceed with condemnation proceedings if he does not accept the offer. Financial Considerations: Funds are budgeted in the FY 2006 and FY 2007 General Fund CIP. Strategic Link: The construction of the roundabout intersection improvements at East Dove Road and North Carroll Avenue 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. 09-009 or deny it. Supporting Documents: Location Map Resolution No. 09-009 Right of way exhibit Staff Recommendation: Resolution No. 09-009, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right of way for construction and maintenance of roundabout intersection improvements at the intersection of East Dove Road and North Carroll Avenue from Lot 1, Block 1, Emerald Estates South located at 2379 North Carroll Avenue. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michael James, P.E., Civil Engineer _>.I L O M O © f RESOLUTION NO. 09-009 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 THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF ROUNDABOUT INTERSECTION IMPROVEMENTS OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing public roundabout intersection improvements at the intersection of North Carroll Avenue and East Dove Road (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 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, Greg L. Gist, (the "Gist Property"), 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 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 0.032 acre right of way 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 right of way 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 right of way is needed so that the City of Southlake can construct intersection improvements, 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 EXHIBIT "A" Being a 0 032 of an acre tract of land situated within Lot 1, Block 1, Emerald Estates South, an addition to the City of Southlake, Tarrant County, Texas, as shown by plat recorded in Volume 388-171, Page 99, Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows. BEGINNING at a 112 inch capped iron rod stamped "RPLS 4476" found for the southwest corner of Lot 1, Block 1, Lakes on Dove, as shown by plat recorded in Cabinet A, Slide 7972 and being also on the north right-of-way line of East Dove Street (a variable width right-of-way), from which a 112 inch iron rod found for the northwest corner of said Lakes on Dove, bears North 00°55'37" West, 404.16 feet, THENCE South 00°55'37" East, with said north right -Of -way line, a distance of 6 24 feet to a point for the southeast corner of said Lot 1 and beginning of a non -tangent curve to the right, raving a radius of 538 62 feet, and a chord that bears North 55°40'34" West, 61.67 feet; THENCE along said curve to the right, and continuing with said north right-of-way, an arc length of 61,70 feet to a point for corner, THENCE North 58°43'52" West, continuing with said north right-of-way line, a distance of 62.78 feet to a point for corner, same being the east right-of-way line of North Carroll Road (a variable width right-of-way), THENCE North 00°55'37" West, with said east right-of-way line, a distance of 46.17 feet to a 518 inch capped iron rod stamped "TNP" set for the beginning of a non - tangent curve to the left, having a radius of 44 25 feet, and a chord that bears South 15'12'55" East, 13 67 feet; THENCE over and across said Lot 1, along said curve to the left, an arc length of 13 73 feet to a 518 inch capped iron rod set stamped "TNP" for the beginning of a compound curve to the left, having a radius of 18.25 feet, and a chord that bears South 37°52'43" East, 8 69 feet, THENCE along said curve to the left, an arc length of 8.78 feet to a 518 inch capped iron rod stamped "TNP" set for the beginning of a reverse curve to the right, having a radius of 79 75 feet, and a chord that bears South 33°27'02" East, 49.83 feet; THENCE along said curve to the right, an arc length of 50 68 feet, to a 518 inch capped iron rod stamped "TNP" set for corner, Page 1 of 3 EXHIBIT "A" (continued) THENCE South 58°43'52" East, a distance of 24.58 feet to a 5/8 inch capped iron rod stamped "TNP" set for the beginning of a non -tangent curve to the left, having a radius of 533 34 feet, and a chord that bears South 55°28'59" East, 58 06 feet, THENCE along said curve to the left, an arc length of 58 08 feet to the POINT OF BEGINNING and containing 0.032 of an acre of land, more or less. / Date. February 27, 2008 Ri yiRgistration entry, RPLS xaNo. 551 t. Bearings are based on the Texas o State Pane Coordinate System, �P:�Gts7ERF'•� fin North Central Zone (NAD83) •" ....KICKY LRGEN.TRT .,..................z... 2. Integral parts of this survey a�5519 a. Legal Description y b.. Sketch Page 2 of 3 NOTES: 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). 2, Integral parts of this survey. a.. Legal Description b.. Sketch EXHIBIT "B 1� LOT 1, BLOCK 1 EMERALD ESTATES SOUTH VOL. 388-171, PG 99 P R.T.C.T. ! o 0.032 ACRE RIGHT—OF—WAY ; ! EASEMENT - z oFC- ! LOT 1, BLOCK 1 i LAKES ON DOVE CAB, A, SLIDE 7972 pP R.T C.T. w i c� S 11 r'�Rige�p�Lti' �Cls w,oTyS�� .3., All corners are marked with a 5/8" copped iron rod stamped "TNP" set unless otherwise noted. POINT OF BEGINNING i� G'� a4,� S00'55'3711E C . 24' _ CURVE TABLE CURVE DELTA LENGTH RADIUS CHORD BEARING CHORD LENGTH C1 17'46'27" 13.73' 44.25' S15'12'55"E 13.67' C2 27'33'08" 8.78' 18.25' S37'52'43"E 8.69, C3 36'24'30" 50.68' 79.75' S33'27'02"E 49.83' C4 6'14'23" 58.08' 533,34' S55"28'59"E 58.06' C5 6'33'48" 1 61.70' 1 538.62' N55'40'34"W 61.67' VRI Y L. ENTRY, R P.L. S XAS REGISTRATION NO. 5 19 Date: FEBRUARY 27, 2008 rA FP� O S9n RICKY L GFNTRY .. y�....rw................�... I :•Q 5519 a r" S6F,-j � 0.032 ACRE RIGHT-OF-WAY EASEMENT Situated in Lot 1, Block 1 Emerald Estates South City of Southlake Tarrant County, Texas JOB NO. LEN 06289 - TEA GLEE NA L L AND PERKINS Civil Engineering I Surveying Landscape Architecture I Manning /NC.. www, tnp—online. com 1, I'..{F;.;,•, ;t:Li'.?('Any= „1-,:.. -.:."r,l_I SHEET 3 OF 3