Item 4CCITY OF
SOUTH LAKE
MEMORANDUM
(April 6, 2010)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Resolution No. 10-016, Authorize the city attorney to bring
condemnation action for the purpose of obtaining street right-
of-way for the purpose of construction and maintenance of
North Kimball Avenue located in the S. Freemen Survey,
Abstract 525, located at 603 North Kimball Avenue.
Action
Requested: Approve Resolution No. 10-016, authorizing the city attorney
to bring condemnation action for the purpose of obtaining
street right-of-way for the purpose of construction and
maintenance of North Kimball Avenue located in the S.
Freemen Survey, Abstract 525, located at 603 North Kimball
Avenue.
Background
Information: Kimley Horn & Associates, Inc. has prepared construction
plans for Phase 1 (SH 114 to 200' North of Kirkwood Drive)
of the North Kimball Avenue widening project. In order to
facilitate construction of the proposed improvements, right-
of-way will be required from 8 tracts of land located along
North Kimball Avenue between S.H. 114 and Kirkwood
Boulevard. One of the tracts is owned by Luther L. Hillman
at 603 North Kimball Avenue (the "Hillman" property).
On August 5, 2009, city staff held a meeting regarding right-
of-way acquisition and provided the property owner an offer
letter to purchase the right-of-way at a price based on the
appraised value for the tract. Mr. Hillman responded on
September 11, 2009 with a counteroffer that was
substantially higher than the appraised market value
obtained by the city. Mr. Hillman is a local realtor and
offered comparables to justify the counter offer. Being the
property owner, Mr. Hillman's valuation would not be
considered an "independent appraisal" of the market value of
the proposed acquisition. In addition, in the opinion of the
certified appraiser hired by the city, the comparables that
were submitted were not appropriate justifications for the
right-of-way parcel required. Therefore, city staff requested
an independent appraisal from Mr. Hillman to justify the
counter offer.
On December 23, 2009 a letter from the City Attorney was
sent to Mr. Hillman requesting the independent appraisal.
Following receipt of the attorney's letter, Mr. Hillman met
with city staff on February 2, 2010, at which time city staff
requested the independent appraisal once again.
To date, city staff has not received an independent appraisal
from Mr. Hillman to justify the counter offer. The counter-
offer exceeds the appraised value 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 Mr. Hillman and proceed with condemnation
proceedings if he does not accept the offer.
Financial
Considerations: Funds are budgeted in the FY 2008 and FY 2009 General
Fund CIP.
Strategic Link: The construction of Phase 1 of the North Kimball Avenue
widening project 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. 10-016 or
deny it.
Supporting
Documents: Location Map
Resolution No. 10-016
Right-of-way exhibit
Staff
Recommendation: Approve Resolution No. 10-016, authorizing the city attorney
to bring condemnation action for the purpose of obtaining
street right-of-way for the purpose of construction and
maintenance of North Kimball Avenue located in the S.
Freemen Survey, Abstract 525, located at 603 North Kimball
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
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RESOLUTION NO. 10-016
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 ROADWAY IMPROVEMENTS OR FOR OTHER
PUBLIC PURPOSES PERMITTED BY LAW
WHEREAS, the City of Southlake is in the process of constructing public roadway
improvements along North Kimball Avenue (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, Luther L. Hillman, (the
"Hillman 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 0.307 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 roadway 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 )2010.
ATTEST:
Lori Payne, City Secretary
Mayor, City of Southlake
Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
NORTH KIMBALL AVENUE, PHASE I
PARCEL 33
BEING 0.307 acre of land located in the S. Freeman Survey; Abstract No. 525,
Southlake, Tarrant County Texas, and being a portion of a tract of land
conveyed to Luther L. Hillman, by the deed recorded in Volume 14264, Page
444, of the Deed Records of Tarrant County, Texas, Said 0.307 acre of land
being more particularly described by metes and bounds as follows:
BEGINNING at a `PK' nail found at the Northwest corner of said Hillman tract,
and 'lying in the centerline of North Kimball Avenue; and lying in the
projection of the South right-of-way line of Still Water Court;
THENCE N 88' 10' 62" E 66.84 feet, along the North boundary line of
said Hillman tract and along the projection of the South right-of-way line of
said Still Water Court to a '/z" iron rod marked "Brittain & Crawford" set in
the new east right-of-way line of said North Kimball Avenue;
THENCE along the new East right-of-way line of said North Kimball Avenue as
Follows:
1. S 43° 41' 16". W 28.52 feet, to a'/2" iron rod marked "Brittain &
Crawford" set;
2 S 000 49' 31" E 261.98 feet, to a'/z" iron rod marked "Brittain
& Crawford" set in the South boundary line of said Hillman tract;
THENCE S 88° 03' 22" W 46.88 feet, along the South boundary line aid
Hillman tract to a point at the Southwest corner of said Hillman tract, said
point lying in the center of North Kimball Avenue;
THENCE N 00' 49' 04" W 282,07 feet, along the West boundary line of
said Hillman tract, and the centerline of North Kimball Avenue, to the
POINT OF BEGINNING, containing 0.307 acre (13,413 square feet) of
land.
g:d0CWMb311-1e9a Es\Prow33\
IN 88010'52'E
66.84' STILL WATER COURT
POINT OF BEGINNI G
"PK NAIL FOUND --.
1/2" IRON ROD SET
I o j `S43°41' 1 6"VJ
i 28.52'
l
a i 1/2" '.IRON ROD SET
m
Z Zi co
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�— J j LUTHER L. HILLMAN
N W o N VOL. 14264, PG. 444
D.R.T.C.T.
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�1 /2" IRON ROD SET
AREA TABLE
0.307 ACRE TOTAL
13,413 SQ.FT. J S 88`03'22"W
0.167 ACRE IN PRESCRIPTIVE z < 46F$8'
RIGHT-OF—WAY m W j
rl �_'_
0.140 ACRE NET I w LOT 1
6,129 SQ FT. a Y
1? BLOCK 2, ESTANCIA AT SO THLAKE
-> CAB.___, SLIDE_ T.C.T.
SURVEYEDON THE GROUND Z I LOT 2
NOVEMSER 12. 2008
LOT 3
JAMES L BRITTAIN
'Oo 1 674��•
EGESTERED PROFESSIONAL r9y0 SUR�a� PROPERTY' CORNER NOTE
RI
LAND SURVEYOR ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
STATE OF TEXAS NO.1674 WITH CAP MARKED "BRITTAIN & 'CRAWFORD"
CITY OF SOUTHLAKE
NJ 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, PHASE I, S.H. 114 TO PATTERSON WAY
EXHIBIT "B"
BRrrrmN & CRAwF'oRD PERMANENT RIGHT—OF—WAY
LANs SURVEYING 0.307 ACRE OF LAND
TOPOGRAPHIC MAPPING LOCATED "THE
(sn) 92aFAX N —St7) 926-93 429-5192 S. FREEMAN SURVEY
FAX Ha. ( 39 ®2®—Tsai
P.O. gpz 1
r374 • aeos AS 76 raecwnr ABSTRACT No. 525
FORT woAna, ions 7stro
DAL adrWn0b,MoIn-cm%f rd. m 'ISOUTHLAKE, TARRANT COUNTY,
'xKIMEALL\_ROw3.3\ TEXAS SCALE 1'= 60'