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Item 8ACITY OF SOUTH LAKE MEMORANDUM July 28, 2009 To: Shana Yelverton, City Manager From: Chris Tribble, Director of Community Services Subject: Resolution No. 09 -048, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right -of- way easement for the purpose of constructing an 8 ft wide multi - purpose trail located Tract 1A01, out of the J.L. Chivers Survey, Abstract 348, located at 600 E. Dove Road Action Requested: City Council consideration of Resolution No. 09 -048, authorizing the city attorney to bring condemnation action for the purpose of obtaining a right -of -way easement for the purpose of constructing an 8 ft wide multi - purpose trail located on Tract 1A01, out of the J.L. Chivers Survey, Abstract 348, located at 600 E. Dove Road. Background Information: Cheatham and Associates has prepared construction plans for the multi - purpose trail located on Dove Rd. In order to construct the 8ft wide trail, additional right -of -way needs to be acquired from nine property owners. The property from which one right -of -way easement is required is owned by Jay and Gwen Koldus at 600 E. Dove Road. In March 2008, City staff met with the Dove Road residents to discuss the Dove Trail Project and the impact to their properties. On April 2, 2008, City staff held a meeting at Town Hall with the residents to explain the purpose of the trail and to answer any questions. A majority of the residents opposed the 8ft wide trail; however, were supportive of a 4ft wide sidewalk. No residents offered to dedicate right -of -way. One property was owned by the Federal Aviation Administration (FAA). City staff worked with the FAA and the National Park Service to have the entire half -acre property given to the City for park and trail purposes. 8A - 1 Shana Yelverton, City Manager City Council Meeting Date — August 4, 2009 Page 2 of 3 Offers to purchase right -of -way from the residents were made. The $4.00 per- square -foot offers were based on the appraised value per square foot for the DPS North property located nearby. This appraisal was performed on January 2, 2008. This offer was accepted by one resident, John Shelton. On October 21, 2008, City Council agreed to allow staff to negotiate 10% above the original offer. This offer was extended in- person to residents. No responses were received. On March 11, 2009, the City Attorney sent offer letters to each of the property owners. One resident, Jessica Strait, agreed to accept the offer if she is allowed to donate the difference in value and account accordingly for a tax deduction. A second resident, Martha Durham, agreed to accept an offer that was less than the original $4 offer plus the appraisal cost, $1,950. A third resident, Shripal Dave, verbally agreed to dedicate right -of -way in exchange for additional landscaping or $1,200. The trail alignment was modified to avoid one property owned by Blair and Cathy Dufour. Jerry Gilliland has refused the $4.40 offer. Jay Koldus has refused all offers made. On July 13, 2009, the City received appraisals for the three remaining properties. These appraisals assessed the land value to be $5.00 per square foot. Fred Guitierrez has verbally agreed to the appraised value. Financial Considerations: $428,577 has been approved for this project. Strategic Link: The construction the Dove Trail 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: Neighborhood Meeting April 2, 2008 City Council Executive Session November 18, 2008 Legal Review: The resolution was prepared by the City Attorney. 8A - Shana Yelverton, City Manager City Council Meeting Date — August 4, 2009 Page 3 of 3 Alternatives: Alternatives may include: • City Council approval of Resolution No. 09 -048 as presented • City Council approval of Resolution No. 09 -048 with input • City Council decision not to approve Resolution No. 09 -048 Supporting Documents: Location Map Resolution No. 09 -048 Survey exhibit Staff Recommendation: Approve Resolution No. 09 -048, authorizing the city attorney to bring condemnation action for the purpose of obtaining a right -of -way easement for the purpose of constructing an 8 ft wide multi - purpose trail located on Tract 1A01, out of the J.L. Chivers Survey, Abstract 348, located at 600 E. Dove Road. Staff Contact: Chris Tribble, Community Services Director Peter Kao, Construction Manager 8 A -3 C Q G Z C w G U Q H H Q O 2 w 2 Li J LLJ J i • 1 Y' • • 1 " IV I .x O O? �p Q � J L LU rr� RESOLUTION NO. 09 -048 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 EASEMENT FOR THE PURPOSE OF CONSTRUCTION OF A MULTI- PURPOSE TRAIL OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing an eight -feet wide multi - purpose trail along East Dove Road in order to provide safe public pedestrian and bike access to different parts of the City in order to 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 easement from property owners who own land upon which the project will be located; and WHEREAS, the City and the owner of one of said properties, John and Gwen Koldus (the "Property "), have been unable to reach an agreement on the acquisition of the needed public utility easement; WHEREAS, the City has previously provided the owner with the Texas Landowner's Bill of Rights, obtained and appraisal from a qualified appraiser, negotiated in good faith, made a good faith offer, and completed all other prerequisites to the initiation of eminent domain proceedings: 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 0.0790 acre easement on the Property, located at 600 E. Dove Road, as more particularly described on the attached Exhibit "A" and depicted on the attached Exhibit "B" and further finds that the City has previously provided the owner with the Texas Landowner's Bill of Rights, obtained an appraisal from a qualified appraiser, negotiated in good faith, made a good faith offer, and that all other prerequisites to the initiation of eminent domain proceedings have been met. 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: (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 easement is needed so that the City of Southlake can construct a multi - purpose trail, 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. Mayor, City of Southlake ATTEST: Lori Payne, City Secretary r -rte i Cyti�a� � t V, z x w � m n n� m m v am a F m � i it �- Qs W Q I 0 a O N _ v rr i j ! j O I n l C!7 I i I zoo o � m F I EXHIBIT "A" o�•� z�'.; H ! r {t CD N N r { J� 3 � c co 1 � � �K -" O LE- t ° ° 1 W { t 1 I m J t 1 f =ate y U y i 1 m n n� m m v am a F m � i it �- Qs W Q I 0 a O N _ v rr i j ! j O I n l C!7 I i I zoo o � m F I EXHIBIT "A" .EX IBIT `B" 3,443 SQUARE FOOT RIGHT-OF-WAY DEDICATION BEING a portion of a 2.000 acre tract of laud out of the T. W. Chivers Survey, Abstract Number 350, conveyed by deed to John Koldus, N, etux Gwen, in Volume 11962, Page 662, Deed Records, Tarrant County, Texas, (DRTCT), and being more particularly described by metes and bounds as follows. COMMENCING at a found lf2" iron rod, capped "LANDES ", in the west line of said Koldus tract, said point being the most easterly northeast corner of a tract of land conveyed by deed to J M Shelton in Volume 4400, Page 846, DRTCT; THENCE South 03 degrees 58 minutes 55 seconds West, along said west Iine, a distance of 180.29 feet to a set 518" iron rod for the POINT OF BEGINNING; THENCE South 89 degrees 42 minutes 01 seconds East, along the new nora right -of- way of Bast Dove Road, a distance of 119.47 feet to a set 518" iron rod for dedication comer; THENCE North 89 degrees 41 minutes 25 seconds East, continuing along said north line, a distance of 98.62 feet to a set 518" iron rod for dedication corner in the west line of Lot 1, James L. Chivers #348 Addition, recorded in Cabinet A, Slide 5434, Plat Records, Tan County, Texas THENCE South 00 degrees 03 minutes 17 seconds East, along the west line of said Lot 1,-a distance. of 15,284eet to -a point for dedication cornerim'the existing north liae'o East Dove Road; THENCE South 89 degrees 37 minutes 42 seconds West, along said north line, the same being the south line of said X oldus tract, a distance of 219.26 feet to a point for dedication comer; THENCE North 03 degrees 58 minutes 55 sewnds East a distance of 15.83 feet to the POINT OF BEGMING and containing 0.079 acres or 3,443 square feet: of land more or less. P:lSOUTHCAIC E5€ 77B5SURYEY�smt- ft0VM5- Koldies.doo