Item 8ACITY OF
SOUTH LAKE
MEMORANDUM
(May 18, 2010)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Resolution No. 10-022, Authorize the city attorney to bring
condemnation action for the purpose of obtaining street right-
of-way for the construction and maintenance of North Kimball
Avenue located in the T. Mahan Survey, Abstract 1049 at 400
North Kimball Avenue.
Action
Requested: Approve Resolution No. 10-022, authorizing the city attorney
to bring condemnation action for the purpose of obtaining
street right-of-way for the construction and maintenance of
North Kimball Avenue located in the T. Mahan Survey,
Abstract 1049 at 400 North Kimball Avenue.
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 NCI
Group, Inc. at 400 N. Kimball Avenue.
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 notified the city on August 26,
2009 that the subject tract was under contract of sale to
Kimball Southlake, L.P. and authorized the city to negotiate
terms with the prospective buyer, although at the time of the
offer the tract was still owned by NCI Group and any
compensation offered would be due to NCI Group. City staff
subsequently made contact with Kimball Southlake, L.P. and
clarified and discussed the terms of the initial offer.
On January 18, 2010, both NCI Group and Kimball
Southlake, L.P. indicated that they were ready to proceed
with the right-of-way acquisition at the city's initial offer price.
At that time, the city attorney was asked to draft a contract of
sale between the city and both NCI Group and Kimball
Southlake, L.P. Since that time we have been unable to
consummate the Contract of Sale.
On May 4, 2010, the City Attorney's office notified the
attorney for NCI Group that we would be requesting the
Council authorize condemnation proceedings. On May 11,
2010, the attorney for NCI Group submitted revision
requests to the draft contract of sale to the city attorney.
Neither party has executed the contract of sale and 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 Staff and
City Attorney are prepared to continue negotiations with the
property owners, but are requesting approval of Resolution
10-022 to continue the process in a timely manner. The City
Attorney is prepared to make a final offer to NCI Group and
Kimball Southlake, L.P. 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 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. 10-022 or
deny it.
Supporting
Documents: Location Map
Resolution No. 10-022
Right-of-way exhibit
Staff
Recommendation: Approve Resolution No. 10-022 Authorizing the city attorney
to bring condemnation action for the purpose of obtaining
street right-of-way for the construction and maintenance of
North Kimball Avenue located in the T. Mahan Survey,
Abstract 1049 at 400 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
wa
RESOLUTION NO. 10-022
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, NCI Group, Inc., (the
"NCI 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 0.310 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 4
BEING 0.310 acre of land located in the T. Mahan Survey, Abstract No. 1049,
Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to NCI GROUP, INC.. by the deed recorded in County Clerks File No.
D208018532 of the Deed Records of Tarrant County, Texas, Said 0.310 acre of
land being more particularly described by metes and bounds as follows:
BEGINNING at a "PK" nail found at the Northeast corner of said NCI Group
tract, and lying in the centerline of North Kimball Avenue.
THENCE S 00' 49' 04" E 320.77 feet, along the East boundary line of
said NCI Group tract and along the centerline of said North Kimball
Avenue to a "PK"'nail found at the Southeast corner of said NCI Group
tract;
THENCE S 89' 10' 56" W 44.93 feet, along the new South boundary line
of said NCI Group tract, to a %" iron rod marked "Brittain & Crawford" set
in the new West right-of-way line of said North Kimball Avenue;
THENCE along the new West right-of-way line of said North Kimball Avenue
as follows;
1. Northeasterly 45.31 feet, along a curve to the right, having
a radius of 1,442.00 feet, a central angle of 01' 48' 00" E, and a
chord bearing N 01' 00' 17" E 45,30 feet to a %" iron rod marked
"Brittain &'Crawford" set at the beginning of a curve to the left;
2. Northwesterly 64.70 feet, along said curve to the left, having
a radius of 1,358.00 feet, a central angle of 02' 43' 48", and chord
bearing of N 00' 32' 23" "E 64.70 feet to a %" iron rod marked
"Brittain & Crawford" set;
3. N 00' 49' 31" W 206.10 feet, to a %z"-iron rod marked "Brittain
& Crawford" set in the North boundary line of said NCI Group tract;
THENCE N 82' 46' 28" E 42.25 feet, along the North boundary line of
said NCI Group tract, to the POINT OF BEGINNING, containing 0.310
acre(13,504 square feet) of land.
LOT 1, BLOCK ;1, MESCO ADDITION
CAB.'A', SLIDE 3232, P.R.T.C.T. I Z
N 82°46'28"E wl
42.25' POINT OF BEGINNING
�F I "PK" NAIL FOUND
"PK" NAIL FOUND- , i
— -- — — ' W
r
N z 1 Q
J
NCI GROUP, INC.
CC No. D208018532 I Q J4J�
D.R.T.C.T. o1� m
11
_ 1 o
Q; CD I� 0
z I
=
�t 1 o Z �-
dWl
CC EL Of
IUbi
PGA 1/2° IRON ROD S w v N
< 02"4348" 1 a aj r,7
P R= 1 ,358.00' j z w ��
L= 64.70' 1 ��
LC= N 00032'23"E Lu
64.70'
1/2 IRON ROD S w
a. ®= 01048'00 1 a o
R= 1,442.00'
L= 45.31 j I I
LC= N 01 00 17 E �25,00
4`5.30' "PK" NAIL FOUND
1/2" IRON ROD SEY
w
z
S 89`10'56'eW WI
44.93' CI AREA TABLE
JTE INVESTMENTS, LTD. 0.310 ACRE TOTAL
VOL. 15405, PC. 216, D.R.T.C.T. 13,504 SQ.FT.
SURVEYEDON THE GROUND 0.183 ACRE IN
NOVEMBER 12, 2008 PRESCRIPTIVE
OF RIGHT-OF-WAY
0.127 ACRE NET
® JAM ES L. BRITTAtN 5,520 SQ.FT.
1674
ES L. B.RITTAIN �ti�FfsS�o�y02 PROPERTY CORNER NOTE
REGISTEREDPROFESSIONAL LJ SURF
LAND SURVEYOR ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
STATE OF TEXAS NO.1674 WITH CAP MARKED "BRITTAIN & CRAWFORD"
CITY 0'F SOUTHLAKE
1400 MAIN STREET SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, PHASE I, S.H. 114 TO PATTERSON WAY
EXHIBIT "R"
BRITTAIN &CRAWFORD PERMANENT RIGHT—OF—WAY
LAND SURVEYING do
0.310 ACRE OF LAND
TOPOGRAPHIC MAPPING LOCATED THE
(en) szaFAX Nvr-(617R926 t9339xa-snx T. MAHAN SURVEY
P.O. BOX "174 ` 3900 SOUTH FREEWAY ABSTRACT .No...1 O49
FOTir WORTH.'TEXAS 76110
E"L admi3Obdfcin—cm f,rd—m SOUTHLAKE, TARRANT COUNTY,
\KIMBALL\_ROW-a\ TEXAS SCALE 1 °'= 60'