Item 4DCITY OF
SOUTH LAKE
MEMORANDUM
(April 6, 2010)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Resolution No. 10-017 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 Lot 5, Block 1, Mesco
Addition, located at 2150 East SH114.
Action
Requested: Approve Resolution No. 10-017 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 Lot 5, Block
1, Mesco Addition, located at 2150 East SH114.
Background
Information: Kimley Horn & Associates, Inc. has prepared construction
plans for Phase 1 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
Texas Petro Corp. III at 2150 East S.H. 114.
On August 5, 2009, city staff held a meeting regarding
acquisition and gave the property owner an offer letter to
purchase the right-of-way at a price based on the appraised
value for the tract. The owner rejected the offer on August
12, 2009 and requested time to conduct an independent
appraisal of the requested parcel.
On December 23, 2009, a letter from the City Attorney was
sent to the owners of the property requesting a copy of the
independent appraisal. Following receipt of the attorney's
letter, the owner's representatives met with city staff on
January 21, 2010, at which time city staff requested a
counter offer based on an independent appraisal once again.
To date, city staff has not received an independent appraisal
from the owners or any counteroffer to the city's original
purchase offer. Therefore, staff is presenting the resolution
for condemnation to the Council for action. The City
Attorney is prepared to make a final offer to Texas Petro III
and proceed with condemnation proceedings if the offer is
rejected.
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. 10-017 or
deny it.
Supporting
Documents: Location Map
Resolution No. 10-017
Right-of-way exhibit
Staff
Recommendation: Approve Resolution No. 10-017 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 Lot 5, Block
1, Mesco Addition, located at 2150 East SH114.
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. 10-017
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, Texas Petro Corp. III, (the
"Texas Petro Corp"), 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 0.016 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
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
NORTH KIMBALL AVENUE, PHASE I
PARCEL1
BEING.0..016 acre of land located in :Lot 5, Block 1, MESCO ADDITION, to the
City of Southlake, Tarrant County, Texas, according' to the plat recorded in
Cabinet A, Slide 3619, of the Plat Records of Tarrant'County, Texas, Said 0.016
acre of land being more particularly described by metes and bounds as follows:
BEGINNING at an "X" found cut in concrete at the Northeast corner of said Lot 5
and being the Southeast corner of Lot 4, Block 1, of said Mesco Addition,
and said "X is lying in the existing West right-of-way line of North Kimball
Avenue.
THENCE along the existing West right-of-way line of said North Kimball
Avenue and the East boundary line of said Lot 5, as follows;
1. S 00° 00' 34" E 46.17 feet, to a '/" iron rod found;
2. S 06 50'06" W 85.56 feet, to a Y" iron rod marked"Brittain &
Crawford" set in the new West right-of-way line of North Kimball
Avenue;
THENCE along the new West right-of-way line of said North Kimball Avenue
as follows;
1. N 00' 18' 29" E 66.03 feet, to a Y2" iron rod marked "Brittain &
Crawford" set;
2. N 19' 43' 35" E 10.36 feet, to a %" iron rod marked "Brittain &
Crawford" set;
3. N 00 47'04" W 55.34 feet, to a'/2"'iron rod marked "Brittain &
Crawford" set in the North boundaryline of said Lot 5 and being the
South boundary line of said Lot 4
THENCE N 89' 59' 26" E 7,08 feet, along the North boundary line of said
Lot 5, and the South boundary line of said Lot 4, to the POINT OF
BEGINNING, containing 0.016 acre (678 square feet) of land.
G.d ocUckmball-IegalsVoW 1!
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I i
LOR 4, BLOCK 1 _ —
MESCO ADDITION
CAB. 'A'SUDE 3620
P.R.T.C,T.
i
i
N 89"59'26"E POINT OF BINING
7.08'"X" FOUND CUT IN (CONCRETE
1 /2" IRON ROD SET-
-
PERMANENT RIGHT—OF-WAY LINE ®®® ' "
N 00047'04" 46.17'
55.34' - EXISTING RIGHT —OF— LINE
1/2'° IRON ROD SET
N 1904 '35"E �-1/2" IRON ROD FOUNDI
10.36'
1 /2" IRON ROD SET —
PERMANENT RIGHT—OF—WAY S 016050'06"W
0.016 ACRE / .676 SQ.FT. I
N 00618'29"E
66.03' La
1/2" IRON ROD SETS z
W
1/2";IRON ROD FOUND--- I
LOT 5, BLOCK 1
MESCO ADDITION I
CAB.'', "SLIDE 3619 I
'P..T.C.T. 32
TEXAS PETRO CORP 'III
CE
SURVFYED ON THE G GROUND _
NOVEMBER 12, 2008
STATE HIGHWAY No. 114
p 9�
Al. ' ; AMES .I BRITTA 1N (NORTHWEST.
JAMES L. BRiTPAIN PROPERTY CORNER NOTE
REGISTERED K)NAl
LAND SURVEYOR ALL PROPERTY CORNERS SET ARE 1/2"IRON RODS
SPATE OF TEXAS NO. 1674 WITH CAP MARKED "BRITTAIN & CRAWFORD"
.CITY OF SOUTHLAKE
R�wj-1 1400 MAIN �STREET, SOUTHLAKE9 TEXAS, 76092
NORTH