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;
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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-
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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"
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P.O.S. • Floint of Beginning
F a Property line
5 Survey line
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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
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252
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M.L.PETERSON
DAVID L. WHITE
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