Item 8ACity of Southlake, Texas
MEMORANDUM
June 3, 2008
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Resolution No. 08 -024, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a permanent
utility easement and two temporary construction easements
for the purpose of construction and maintenance of sewer
lines on Lot 20, Block A, Quail Creek Estates Addition, an
addition to the City of Southlake, Tarrant County, Texas
located at 905 Quail Creek Court.
Action
Requested: Resolution No. 08 -024, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a permanent
utility easement and two temporary construction easements for the
purpose of construction and maintenance of sewer lines on Lot 20,
Block A, Quail Creek Estates Addition, an addition to the City of
Southlake, Tarrant County, Texas located at 905 Quail Creek
Court.
Background
Information: The City of Southlake currently has a contract with Hall Albert
Construction, LP for the Neighborhood Sewer Program in
Woodland Heights and in Quail Creek Estates. The contractor is
nearing completion in Woodland Heights and will be ready to move
into Quail Creek Estates in the near future. The sewer line is being
constructed by directional drilling with the exception of the
manholes and service laterals are being installed by open cut
construction.
The easements in the proposed resolution are necessary for
construction of the sanitary sewer lines to serve the residents of
Quail Creek Estates. The main sanitary sewer line connecting
Quail creek to the Southlake system will run in an existing 10' utility
easement across the west side of the Spruiell property. This
requires a 20' temporary construction easement adjacent to the
existing easement. Temporary construction easements are for the
term of the construction project and expire when the project is
complete.
A second sanitary sewer line will run along the southeast side of
the Spruiell property to serve the properties on Quail Creek Court.
We are requesting a 15' permanent sanitary sewer easement and a
10' temporary construction easement at this location.
City staff has attempted to contact the Spruiells on several
occasions by telephone, regular mail and by certified mail. They
have not responded to any of our attempts. Our most recent
attempt was by certified mail on November 1, 2007. Mr. Spruiell
did sign for the letter, but did not respond to our request for a return
call. After consulting with the City Attorney, we requested an
appraisal of the easement value from Haines Appraisal Company.
The City Attorney is now prepared to make a final offer to the
Spruiells and proceed with condemnation proceedings if they do
not accept the offer.
Financial
Considerations: Funds are budgeted in the FY 2007 Utility Fund CIP.
Citizen Input/
Board Review: None
Legal
Review: The resolution was prepared by the City Attorney.
Alternatives: The City Council may approve Resolution No. 08 -024 or deny it.
Supporting
Documents: Location Map
Resolution No. 08 -024
Staff
Recommendation: Resolution No. 08 -024, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a permanent
utility easement and two temporary construction easements for the
purpose of construction and maintenance of sewer lines on Lot 20,
Block A, Quail Creek Estates Addition, an addition to the City of
Southlake, Tarrant County, Texas located at 905 Quail Creek
Court.
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. 08 -024
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A
CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING
PERMANENT UTILITY EASEMENT AND TWO TEMPORARY
CONSTRUCTION EASEMENTS FOR THE PURPOSE OF
CONSTRUCTION AN MAINTENANCE OF SEWER LINES OR FOR
OTHER PUBLIC PURPOSES PERMITTED BY LAW
WHEREAS, the City of Southlake is in the process of constructing public improvements
to Quail Creek Court to include sewer lines (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 permanent utility easement and two temporary construction easements from property
owners who own land across which the Project will be located; and
WHEREAS, the City and the owners of one of said properties, Johnie P. Spruiell and
Cynthia A. Spruiell, (the " Spruiell Property "), have been unable to reach an agreement on the
acquisition of the needed easements and 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 fifteen foot wide permanent
utility easement, a ten foot wide temporary construction easement, and a twenty foot wide
temporary construction easement on the Property, as more particularly described and depicted on
the attached Exhibit "A ".
Page 1
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 easements through the exercise of the City's power of eminent
domain, provided that the following conditions are first met:
(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 easements
are needed so that the City of Southlake can construct the sanitary sewer improvements, which is
a public purpose and is necessary to serve the public health, safety and welfare.
Page 2
SECTION 5.
That this Resolution shall take effect upon its adoption, and it is so Resolved.
ADOPTED this day of ) 2008.
Mayor, City of Southlake
ATTEST:
Lori Payne, City Secretary
Page 3
EXHIBIT 'A'
15' WIDE SANITARY SEWER EASEMENT
(8,562 Sq.Ft.)
. AND
10' WIDE & 20' WIDE TEMPORARY CONSTRUCTION EASEMENTS
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� LOOOWAY, DRAINAGE
FLOWAGE ESMT, f
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� LOT 19 R =60.00
&OCK A L= 15.08 '
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Q 20' TEMPORARY CONSTRUCTION EASEMENT �CRfF
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11V SANITARY SEWER EASEMENT
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BLOCK A
LJ JOHNIE P. ETUX CYNTHIA A. SPRUIEL
❑ �a�� m VOL, 10306, PG. 52T
U� ORTCT h
o 10' TEMPORARY CONSTRUCTI. f EASEMENT
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i 15.73'
LOT 5, KOCK D
3213 PG. 37 PRTCT
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EXfSTNJG 5' UTILITY ESMT/
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VOL 383 -273 PG 37 PATCT
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SURVEYOR'S CERTIFICATION
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I, Philip El. Wafters, a Registered Professional land Surveyor
of the State of Texas, certify that the calculations, graphic
PHUP B. WOLTERS
depiction and loge descriptlans of this survey were
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properly prepared under my personal supervision from an
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actual on the ground survey.
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Registered Prolasional Lend Surveyor No. 5844
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