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Item 8BCITY OF SOUTH LAKE MEMORANDUM (May 18, 2010) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Resolution No. 10-023, Authorize the city attorney to bring condemnation action for the purpose of obtaining street right- of-way for construction and maintenance of North Kimball Avenue located in the S. Freemen Survey, Abstract 525 at 479 North Kimball Avenue. Action Requested: Approve Resolution No. 10-023, authorizing the city attorney to bring condemnation action for the purpose of obtaining street right-of-way for construction and maintenance of North Kimball Avenue located in the S. Freemen Survey, Abstract 525 at 479 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 Stephen Hagar at 479 North Kimball Avenue (the "Hagar" 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. Hagar responded on August 14, 2009 requesting time to obtain an independent appraisal of the right-of-way tract. On December 23, 2009 a letter from the City Attorney was sent to Mr. Hagar requesting the independent appraisal. Following receipt of the attorney's letter, Mr. Hagar submitted an appraiser's "review" of the City's appraisal and a counter offer on January 21. The counter offer was much higher than the City's initial offer and was not substantiated by an independent appraisal of the property. In accordance with Mr. Hagar's request, the city revised the initial offer to account for trees in the right-of-way parcel and to accommodate the existing fence on the property. This revised offer was submitted to Mr. Hagar on March 25, 2010. Mr. Hagar's counter offer was still much higher than the city's revised offer and we were unable to consummate the Contract of Sale. On May 4, 2010, the City Attorney's office notified the attorney for Mr. Hagar that we would be requesting the Council authorize condemnation proceedings. On May 5, 2010, the attorney for Mr. Hagar notified the city attorney that they would submit another counter offer. To date, city staff has not received the latest counter offer or an independent appraisal from Mr. Hagar to justify the counter offer. The City Staff and City Attorney are prepared to continue negotiations with the property owner, 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 Mr. Hagar 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. 10-023 or deny it. Supporting Documents: Location Map Resolution No. 10-023 Right-of-way exhibit Staff Recommendation: Approve Resolution No. 10-023, authorizing the city attorney to bring condemnation action for the purpose of obtaining street right-of-way for construction and maintenance of North Kimball Avenue located in the S. Freemen Survey, Abstract 525 at 479 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 Q C� O J H w W CL O w a LW v �c 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 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, Stephen T. Hagar, (the "Hagar 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 0.386 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 "p" LEGAL bESGRIPTION PERMANENT RIGHT-OF-WAY' NORTH KIMBALL AVENUE; PHASE I PARGEL 28 BEING 0.386 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 Stephen T,= Hagar, by the deed recorded in Volume 5685, Page 82 of the deed records of Tarrant County, Texas; Said 0.386 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a "PK" nail found at the Southwest corner of said Hagar tract, and lying in the centerline of North Kimball Avenue. THENCE N 000 49' 04" W 379.17 feet, along the West boundary line of said Hagar tract and along the centerline of said North Kimball Avenue to a PK" nail found at the Northwest corner of said Hagar tract; THENCE N 880 28' 54" E 47,04 feet, along the North boundary line of said Hagar tract, to a %" 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 000 49' 31"E 0.57 feet, to a'/z" iron rod marked "Brittain & Crawford" set at the beginning of a curve to the right; 2. Southwesterly 68.94 feet, along said curve to the right, having a radius of 1,447.00 feet, a central angle of 02° 43' 48" E; and a chord bearing S 00' 32' 23" W 68.94 feet to a'/z" iron rod marked "Brittain & Crawford" set at the beginning of a curve to the left; 3. Southwesterly 63.50 feet along said curve to the left, having a radius of 1,353.00 feet, a central angle of 02' 41' 21" ,and a chord bearing S 009 33' 37" W 63.50 feet to a %" iron rod marked "Brittain & Crawford" set; 4. S 00" 47' 04" E 246.03 feet, to a 1/2iron rod marked "Brittain & Crawford" set in the South boundary line of said Hagar tract; THENCE S 88' 11' 32" W 43.74 feet, along the South boundary line of said Hagar tract, to the POINT OF BEGINNING, containing 0.386 acre (16,830"square feet) of land. g do6khball-Iegals%prow28C CURIVE DATA --11 e= 02643'4811, Rm1,447.001, L-68.941, LC=S °32'23'V 68.9 I CV -�, A- 02941`21", R=1,353.00W, LzB3.51r, LC-S W0331371V 63.5 I i EMORY 0. IVESTER AND WIFE. MARLENE J. IVESTER w VOL. 9974, PG, 1166, D.R.T.C.T, z i I a N 58028'54"E i u 47,04' 1/2" IRON ROD SET -. 1/2" IRON ROD SET "PK" NAIL FOUND — — 24.32 S 00049'31 „E v i Q I 0.7' Im ( 1/2" IRON ROD SET c*4 IM o I r �a�--•-1/2" IRON ROD SET G� PRESCRIPTIVE RIGHT—DF-WAY LINE (- PERMANENT RIGHT-OF-WAY LINE STPHEN T. HAGAR io Z I ® VOL. 588, PG. 82 L .R.T.C.T. ® I ON 0101 DI _ a ( En 01 i i 1/2" IRON ROD SET POINT OF BEGINNING "Pk" NAIL FOUND ti 88011'32" 43.74' zi Lij Z) y VARGHESE CHAMATHIL AND WIFE, SARA'CHAMATHIL W CC No. 205265663, D.R.T.C,T. V) I ti AREA TABLE i 0.356 ACRE TOTAL SURVEYED ON THE AND NOVEMBER 12. 2000 i ° 16,630 5®.FT® 0.212 IN PRESCRIPTIVE ��.:.........:.. aF p f RIGHT-OF-WAY 0.174 ACRE NET JAMES TJ� L. BffliiAitd 7,594 S .FT. AMES L, BRriTAIN �941 PROPERTY CORNER NOTE REGtSTERE13 PROFESSIIONAL�URN4 L ND SUETVMR , ALL PROPERLY CORNERS SET ARE 1/2" IRON RODS STATE OF TEXAS NO. 1674 WITH CAP MARKED "BRITTAIN & CRAWFORD" g TY OF SOUTHLAKE 1400 MAIN STREET, SOLITHLAKE, NJ1 NORTH ICI BALL AVENUE, PHASE 1, S.H. 114 TO PATTERSON WAY EXHIBIT " " : PERMANENT RIGHT—OF—WA .LAND SURVEIING - 0.386 :ACRE OF LAND TVPOGWH1c MAPPING LOCATED THE {E,7J 6[E-de,t - WTW (®I7),"-gil= FAX N. (017) B2B-®347 ..... S. FREEMAN SURVEY P-0. SOY 11374 +sm, SOUTH TREEWY ABSTRACT No. 52 .FORT WORTH,. TEXAS 76110 SOUTHLAKE, TARRANT COUNTY, TEXAS SCALE I"= 100'