Item 4ECity of Southlake, Texas
M E M O R A N D U M
April 9, 2007
TO: Shana K. Yelverton, City Manager
FROM: Steve Polasek, Director of Community Services
Resolution No. 07-019, authorizing the City Attorney to bring condemnation
SUBJECT:
action for the purpose of obtaining land for park purposes being
approximately 11.2 acres, part of the R.D. Price Survey Abstract 1003-D,
Tract 6, and approximately 6.546 acres, Tract 4, H.O. Throop Survey,
Abstract No. 1273D and Tract 7 and 8, R.D. Price Survey Abstract No.
1003D.
_______________________________________________________________________
Action Requested:
City Council consideration of Resolution No. 07-019, authorizing the
City Attorney to bring condemnation action for the purpose of obtaining
land for park purposes being approximately 11.2 acres, part of the R.D.
Price Survey Abstract 1003-D, Tract 6, and approximately 6.546 acres,
Tract 4, H.O. Throop Survey, Abstract No. 1273D and Tract 7 and 8,
R.D. Price Survey Abstract No. 1003D.
Background
Information:
During the last several months, the City has attempted to negotiate, both
through a third party and directly, the purchase of property adjacent to
Bob Jones Park and the United States Army Corps of Engineers
(USACOE) land. The acquisition of these parcels, consisting of
approximately 11.2 acres and owned by Ms. Marylyn Miles and
approximately 6.546 acres and owned by Mr. Carl Fretwell, would allow
for utilization for park purposes.
On March 2, 2007, the City sent to both property owner’s best and final
offer letters to purchase their properties at prices above their appraised
values. The property owners had until March 16, 2007 to respond to the
offers but in both cases failed to do so. As such, the next step, should
Council desire, is to authorize the City Attorney to bring condemnation
action for the purpose of obtaining these properties.
Financial
Considerations:
Funding in the amount of $2,500,000 is approved in the SPDC CIP
budget for the acquisition of park property.
Financial Impact:
To be determined.
Citizen Input/
Board Review:
Not applicable.
Legal Review:
City attorney has reviewed the proposed Resolution No. 07-019.
Shana Yelverton, City Manager
April 9, 2007
Page 2
Alternatives:
City Council review and consideration.
Supporting
Documents:
Supporting documents include:
Resolution No. 07-019
Aerials of said properties
Staff
Recommendation:
City Council consideration of Resolution No. 07-019, authorizing the City
Attorney to bring condemnation action for the purpose of obtaining land for
park purposes being approximately 11.2 acres, part of the R.D. Price Survey
Abstract 1003-D, Tract 6, and approximately 6.546 acres, Tract 4, H.O.
Throop Survey, Abstract No. 1273D and Tracts 7 and 8, R.D. Price Survey
Abstract No. 1003D
Shana Yelverton, City Manager
April 9, 2007
Page 3
RESOLUTION NO. 07-019
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE
CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE
OF OBTAINING FEE SIMPLE ABSOLUTE TTITLE IN AND TO CERTAIN LAND,
SPECIFICALLY, 11.2 ACRES, TRACT 6, R.D. PRICE SURVEY, AND 6.546 ACRES,
TRACT 4, H.O. THROOP SURVEY, TRACTS 7 AND 8, R.D. PRICE SURVEY FOR
PARK PURPOSES OR FOR OTHER PURPOSES AS PERMITTED BY LAW.
WHEREAS
, the City of Southlake currently owns and leases property which is being utilized for
park purposes, said premises being known as Bob Jones Park; and
WHEREAS
, the City of Southlake has determined that it would be in the best interest of the public
to acquire certain tracts of land adjacent to Bob Jones Park and the United States Army Corps of Engineers
property for future expansion of the park or, in the alternative, for utilization for other public purposes; and
WHEREAS
, the City and owners of said properties, Marylyn Elizabeth Miles and Carl Q. Fretwell,
have been unable to reach an agreement on the acquisition of said properties; and
WHEREAS
, the City Council now deems it necessary to authorize the city attorney to initiate
condemnation proceedings in order to acquire fee simple title to such property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
The City Attorney is hereby authorized to bring condemnation lawsuits for the purpose of acquiring
fee simple title in and to 11.2 acres, Tract 6 of the R.D. Price Survey and 6.546 acres, Tract 4, of the H.O.
Throop Survey, Tracts 7 and 8 of the R.D. Price Survey, said property, being more particularly described as:
1. Approximately 11.2 acres, part of the R.D. Price Survey Abstract 1003-D, Tract 6, City of
Southlake
2. Approximately 6.546 acres, Tract 4, H.O. Throop Survey, Abstract No. 1273D and Tracts 7
and 8, R.D. Price Survey Abstract No. 1003D, City of Southlake
SECTION 2
The City Council finds that such acquisition in this condemnation action is necessary in order to
serve the public interests including health, safety, and welfare.
PASSED, APPROVED, and EFFECTIVE this ______ day of April, 2007.
Shana Yelverton, City Manager
April 9, 2007
Page 4
____________________________________
Mayor, City of Southlake
ATTEST:
____________________________________
City Secretary
APPROVED AS TO FORM AND LEGALITY:
______________________________________
Tim G. Sralla, City Attorney
Tucker
Fretwell
Miles Property
USACOE
Shana Yelverton, City Manager
April 9, 2007
Page 6
Fretwell Property
Tucker
Farhat
USACOE