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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