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
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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.
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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
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EMORY 0. IVESTER AND WIFE.
MARLENE J. IVESTER
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VOL. 9974, PG, 1166, D.R.T.C.T,
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47,04'
1/2" IRON ROD SET
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PRESCRIPTIVE RIGHT—DF-WAY LINE
(- PERMANENT RIGHT-OF-WAY LINE
STPHEN T. HAGAR
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VARGHESE CHAMATHIL AND WIFE,
SARA'CHAMATHIL
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CC No. 205265663, D.R.T.C,T.
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AREA TABLE
i 0.356 ACRE TOTAL
SURVEYED ON THE AND
NOVEMBER 12. 2000
i ° 16,630 5®.FT®
0.212 IN PRESCRIPTIVE
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aF p
f RIGHT-OF-WAY
0.174 ACRE NET
JAMES
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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"
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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'