Item 8CCITY OF
SOUTH LAKE
MEMORANDUM
July 28, 2009
To: Shana Yelverton, City Manager
From: Chris Tribble, Director of Community Services
Subject: Resolution No. 09 -050, 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 on Tract 2B, out of the J.L. Chivers
Survey, Abstract 348, located at 670 E. Dove Road
Action
Requested: City Council consideration of Resolution No. 09 -050,
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 213, out of the J.L. Chivers Survey, Abstract
348, located at 670 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
Alfredo and Angela Gutierrez at 670 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.
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,
Shana Yelverton, City Manager
City Council Meeting Date — August 4, 2009
Page 2 of 3
2008. This offer was accepted by one resident, John
Shelton.
On November 18, 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 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 Gutierrez 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.
Alternatives: Alternatives may include:
■ City Council approval of Resolution No. 09 -050 as
presented
Shana Yelverton, City Manager
City Council Meeting Date — August 4, 2009
Page 3 of 3
City Council approval of Resolution No. 09 -050 with
input
City Council decision not to approve Resolution No.
09 -050
Supporting
Documents: Location Map
Resolution No. 09 -050
Survey exhibit
Staff
Recommendation: Approve Resolution No. 09 -050, 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 2B, out of the J.L.
Chivers Survey, Abstract 348, located at 670 E. Dove Road.
Staff Contact: Chris Tribble, Community Services Director
Peter Kao, Construction Manager
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RESOLUTION NO. 09 -050
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, Alfredo and Angela
Gutierrez (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 0.0520 acre
easement on the Property, located at 670 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
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EXHIBIT "A"
EXHIBIT "S"
2,266 SQUARX FOO
RIGHT -OR -WAY DEDICATION
BEING a portion of a 2.822 acre tract of land out of the J. L. Chivers Suxvey, Abstract
Number 348, conveyed by deed to Alfredo Leal Gutierrez and Angela 04 Guticmez in
Volume 11739, Page 535, Deed Records, Tarrant County, Texas, (DRTCT), and being
more particularly described by metes and bounds as follows:
COM TNCING at a 518" iron rod found at the southwest corner of Lot 3, Block AR,
Huntwiek Estates Addition, recorded by plat in Volume 389 -182, Page 75, flat Records,
Tarrant County, Texas;
THENCE South 89 degrees 41 minutes 25 seconds West a distance of 289.97 feet to a
set 519" iron rod in the east Hine of said CFutierr= tract for the POINT OF BEGIN - XWQ,
THENCE South 00 degrees 00 minutes 34 secorids Ewt, along the east line of said
Gutierrez tract a distance of 15.65 feet to a point in the existing north right-of-way of
East Dove Road for dedication. corner,
THENCE South 89 degrees 59 minutes 26 seconds West, along tho south line of said
Gutierrez tract, a distance of 148.55 feet to a point for dedication comer at the southeast
corner of Lot 1, James L, Chivers 4348 Addition, recorded in Cabinet A, Slide 5434, Plat
Records, Tarrant County, Texas;
THENCE North 00 degrees 00 minutes 34 seconds West, along the east line of said Lot
1, a distance of 1 87 feet to, a sit SJ8" iron rod fox dedication corner;
THENCE North 89 degrees 41 minutes 25 seconds East a distance of 148.56 feet to the
POINT OF BEGMIING and containing 0,052 acres or 2,266 square feet of land more
or Iess.
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