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Item 8BCity of Southlake, Texas MEMORANDUM June 17, 2008 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Resolution No. 08 -025, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right of way for the purpose of construction and maintenance of water lines, trails, and roadway appurtenances on land located in the John Childress Heirs Survey, Abstract No. 253, Tarrant County, Texas and being further described in a deed dated March 20, 1978, recorded in Volume 6455, Page 788, Deed Records of Tarrant County, Texas located at 1395 Randol Mill Avenue. Action Requested: Resolution No. 08 -025, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right of way for the purpose of construction and maintenance of water lines, trails, and roadway appurtenances on land located in the John Childress Heirs Survey, Abstract No. 253, Tarrant County, Texas and being further described in a deed dated March 20, 1978, recorded in Volume 6455, Page 788, Deed Records of Tarrant County, Texas located at 1395 Randol Mill Avenue. Background Information: Graham Associates, Inc., has submitted 90% plans for Phase I of the FM 1938 project to TxDOT and is currently revising the plans in response to TxDOT's review comments. Phase I is from SH 114 in Westlake to the Randol Mill bend in Southlake. Phase II is from Randol Mill bend to the FM 1709 intersection. Phase I includes the transition section from four lanes to two lanes, south of the Randol Mill bend. The Environmental Assessment has been forwarded to FHWA for review and it is expected that FHWA will issue authorization to proceed with the public hearing soon. After the public hearing, we anticipate environmental clearance in the fall of this year. This will allow TxDOT to set a bid letting date for the spring of 2009. The project is a joint effort of Southlake, Westlake, Keller, Tarrant County, NCTCOG, and TxDOT. Tarrant County is charged with acquisition of right of way for the roadway portion of the project. Southlake is also acquiring right of way adjacent to the FM 1938 right of way for water lines, trails, and roadway appurtenances. Tarrant County has also agreed to provide acquisition services and negotiations with the property owners for the Southlake right of way. However, any condemnation proceedings required for acquisition of property is the responsibility of the City. All costs associated with our right of way, including appraisals and legal fees, are borne by the City. On May 19, 2008, Tarrant County sent the property owner an offer letter to purchase the right of way at a price based on the appraised value. The property owner subsequently made a counter -offer on May 26, 2008. The counter -offer exceeds the appraisal to such an extent that staff is presenting the resolution for condemnation to the Council for action. Financial Considerations: Funds are budgeted in the FY 2003 and FY 2008 General 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 -025 or deny it. Supporting Documents: Location Map Resolution No. 08 -025 Staff Recommendation: Resolution No. 08 -025, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right of way for the purpose of construction and maintenance of water lines, trails, and roadway appurtenances on land located in the John Childress Heirs Survey, Abstract No. 253, Tarrant County, Texas and being further described in a deed dated March 20, 1978, recorded in Volume 6455, Page 788, Deed Records of Tarrant County, Texas located at 1395 Randol Mill Avenue. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Cheryl Taylor, P.E., Civil Engineer RESOLUTION NO. 08 -025 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 WATER LINES, TRAILS AND ROADWAY APPURTENANCES OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing public improvements along Randol Mill Avenue include water lines, trails and roadway appurtenances (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 owners of one of said properties, David L. White and Dianna White, (the "White 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 4,880 sq. ft. right of way on the Property, as more particularly described and depicted on the attached Exhibit "A ". 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 water lines, trails and roadway appurtenances, 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 ) 2008. ATTEST: Lori Payne, City Secretary Mayor, City of Southlake Page 2 EXHIBIT "A" Parcel 252 F.M. 1938 02 -13 -08 Exhibit "A" Page 1 of 3 BEING 4,880 square feet of land, situated in the 1. Childress Survey, Abstract No. 253, Tarrant County, 'Texas and being a portion of a tract of land, tract 1C, as conveyed by I.N.M. Warren to David L. White & wife Dianna G. White by deed dated 3/20/1978 and recorded in Volume 6455, Page 788, Deed Records, Tarrant County, Texas, which 4,880 square feet of land, more or less, are particularly described as follows: BEGINNING at a 518 inch smooth iron rod set with aluminum cap stamped "TxDOT ", said point beong at right angles to Station 89-+-60.26, 64.00 feet right, said point being North 06 °06'41" East, 1097 -59 feet from a found 112 inch iron rod at the northwest comer of F.M. 1938 and Brookforest Drive, said point also being North 89 °39'56" East, 44.98 feet from a point for corner in the east right-of-way line of F.M. 1938 (a existing 50 foot R.O.W.), said point being the southwest corner of said White tract 1C, said point being the point of curvature of a non - tangent curve to the IeIt, having a delta of 00 °33'17 ", a radius of 1,914.00 feet, a tangent length of 9.27 feet and a chord bearing and distance of North 10 °12'01" West, 18.53 feet; I. THENCE northwesterly, along the arc of said non - tangent curve to the left, a distance of 18.53 feet to a Type 11 Monument, said point being at right angles to Station 89 +78.17, 64.00 feet right; 2. '[HENCE North 10 °28'40" West, a distance of 242.65 feet to a 518 inch smooth iron rod set with aluminum cap stamped "TxDOT ", said point being at right angles to Station 92.20.81, 64.00 feet right; 3. TIENCE North 00 West, along the common line of the west line of said White tract IC and the east right -of -way line of said E.M. 1938, a distance of 68.24 feet to a point for corner, said point being the northwest corner of said White tract 1C; 4. THENCE South 89 0 57'04" East, leaving said common line and along the north line of said White tract 1C, a distance of 4.30 feet to a set 112 inch iron rod with GAI cap, said point being at right angles to Station 92.4-87.45, 80.00 feet right, said point being the point of curvature of a non - tangent curve to the left, having a delta of 00 °09'11 ", a radius of 1,720.00 Feet, a tangent length of 230 feet and a chord bearing and distance of South 10 °24'04" East, 4.59 feet; 5. THENCE southeasterly, leaving said north line and along the arc of said non- tangent curve to the left, a distance of 4,59 feet to a set 112 inch iron rod with GAI cap, said point being at right angles to Station 92 +82.65, 80.00 feet right; .I:kWcst IakelSurficclFM ] 93S1L[GAI..S1Copy 0 [ COS- 0114[e legal Dcscripl'sons_02- i l - 03.dac 211312008 MIUMIRTUM Parcel 252 F.M. 1938 02 -13 -08 Exhibit "A' Page 2 of 3 6. THENCE South 10 0 28'40" East, a distance of 304.18 feet to a set 112 inch iron rod with GAI cap, said point being at right angles to Station 89-78.17, 80.00 feet right, said point being the point of curvature of a non - tangent curve to the right, having a delta of 00 °38'06 ", a radius of 1,930 -00 feet, a tangent length of 10.69 feet and a chord bearing and distance of South 10 °03'37" East, 21.39 feet; 7. THENCE southeasterly, along the arc of said non- tangent curve to the right, a distance of 21.39 feet to a set 112 inch iron rod with GAI cap, said point being at right angles to Station 89-4- 57.67, 80.00 feet right, said point being in the south line of said White tract 1 C; 8, TIff;NCE South 89 °39'56" West, along said south line of White tract 1C, a distance of 1 6.22 feet to the POINT OF BEGINNING. NOTE: Survey sketch to accompany this legal description- JM Ve shkt! ASwNcc tfMI9331LL-GA.L.StCapyOfCOSOMI' lake Legal dcsrriptia"s_02- 11.08.60r. 7113/200,9 CONTROL IS BASCO ON HAD '83 OATUH W)JUSTEO 19931 F- URFACE ADJUSTHEN'I' FACTOR I.ODOJ2 C, g[ w CD to s w 4 j p Nm �e TRON PIpe a I,M n i i °57'04" E 4.30' :1 n ., i LtJ � t(D i (1, � xi J m ! `! i LLI o > N _J °/� H 1 I "A" TRACT IE0 MS W, BFI /Y 8 WIFE KAREN M, WITS •- 'T2 +67 .45 M. 6413, PG. 503 80.00' RT IRON PIPE FENCE D.R.T X C_2 5 89 E -- - 92 --11 -1 5 80.00• RT. -• -- N 00'32'30" W EXIST,'' R 0,W, 1 I 68,24 owATER M GEMAIhi FOR U1 IES U5E)� - L92+ 0.6 64.00 RT. WELL ; a Era, jMMMr PLANTER UNMUM ROME r. R-MIEM O 0 N PLANTER ; ��' 0g ��• '� t7 i FLAG je, _ TARRANT POLE CONT, SECT, ' C -1 OF FRAA+SMORTATIDN 252 TRACT 1C e 00`33' 17" 1} OA V1D C. W11TE & WIFE R= 1914.00' /r - flag. DMAM G. W1 TE T =9.27 ' ca VOL, 6455, Pb. 788 L =1 B . 53 ' 5' D. R . T. C. T_ CB = N 10'12'01" W ° x X LC= 16.53' 0 o — � o-2 X x ° v R-172D.00' r � T-2.30' L =4,59' CS =5 10 6 24'04" E w U lu a I i Z 1-- X �Y M w LL f z v 0 25 50 100 SCALE V ' =50 :a R Lu n1 a j LC =4.59' we N s_ i Ch- F• x Oti �� 4' CHAIN ti C-3 LINK FENCE �C 1r=00 _L M-78. 1 7 R= 1930.00 i 60.00' RT, T= 10.69' C -3 S B9'39'S w L= 21,39' u 16.22' CB-5 10'09'37" E o N 1.8978. 17 r - a 64.04' RT. L89 57.67 I LC=21. o C- 1 60.0 flT, I I �4 N H9'j9'56" E 327.75' ]��]' CT .189 +60. ?.6 4' CNAIN LINS< P C[ �w 64.00' RT. WI Y. BEAM VOL. 4360, PG. 782 - PDXNT OF BEGINNING- _ 0, R. T. C. T. _..__ - -- - - - - - -- - - -N 06'06'41" E. 1097.59' FR NOTE: �•' A FNO 1/2" I.R. AT THE LEGAL DESCRIPTION TO PAGE 3 OF 3 N.W. COR. F.M. 1938 G 940014FOREST OR. ACCOHP 0 1/2" iran ra. Be, w /O,,A.I. cap n r- P F • Barker found 'as noted" • 5/8" smaotn iron rod set w /aluminum cap stamped 'Tx00T" ♦ 0 60d nail set ® e Type II monument to be Set at the end of ctn5tructicn, P.O.S. • Floint of Beginning F a Property line 5 Survey line z • Fee hDok IL • Prnposecl centerline O1R.T,L'.T,o Dped Retorts,. Tarrant' County, Texas P.R.T.C.T.o plat Revords, Tarrant GOunty. Te."S C 7 • Flerord information --R— • Contras of ACCe BS 252 .................... •..._.... M.L.PETERSON DAVID L. WHITE 05999 ���o¢ 4,880 SD FT Era, jMMMr UNMUM ROME r. R-MIEM 0 600 SIx (LAGS GANG, SUITE 504 A T x.s 760 ai .0- rTA TE QI5T. COUNTY TEXAS XAS FTW _ TARRANT DERM TMENT CONT, SECT, JOB _ HIGH NO OF FRAA+SMORTATIDN F.M. 193 B 1 '�J=C i,v • IGr P. f'r /r - flag. / D ir c o•N / r; 1 . 7i>•n • : {'� iL 1 75 4- � f)