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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 Z O H a O J H w W CL O w a LU �-o CD 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 0) .. �— J j LUTHER L. HILLMAN N W o N VOL. 14264, PG. 444 D.R.T.C.T. I 3 mal W O z z i 0 0 I Z z io i W { e� i P �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'