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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 z O F- w w a O w a LU CD 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! I i 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