Item 9ACity of Southlake, Texas
M E M O R A N D U M
October 7, 2003
To: Billy Campbell, City Manager
From: Pedram Farahnak, P.E., Director of Public Works
Subject: Resolution No. 03-068, authorizing the City Attorney to acquire land
located at 1356 Woodbrook Lane (Block 4, Lot 20 of the Cross
Timber Hills Addition), Southlake, Texas by the right of eminent
domain for the purpose of pre-existing sewer main for the Cross
Timber Hills Sanitary Sewer Improvements.
Action Requested:
Approve Resolution No. 03-068, authorizing the City Attorney to
acquire land located at 1356 Woodbrook Lane (Block 4, Lot 20 of
the Cross Timber Hills Addition), Southlake, Texas by the right of
eminent domain for the purpose of construction of the Cross
Timber Hills Sanitary Sewer Improvements.
Background
Information:
Funds for engineering and construction of Cross Timber Hills
Sanitary Sewer Improvements project was approved by the City
Council in the FY 98/99 and 99/00 Capital Improvements Program
and construction was completed in late 2001.
As a part of this sewer extension project, 0.028 acres of the above
referenced property was identified necessary for installation of
sewer main. An offer was made and the property owners, Mr. and
Mrs. Castillo, accepted to sell the required easement in exchange
for waiver of a $1,300 participation fee.
In August of 1999, the property owners notarized the easement
document and forwarded it to Tarrant County deed records. In
January 2002, we learned that the Castillos had forgotten to sign
the document. By this time, the property had sold to Mr. and Mrs.
Perry.
The City staff at the Public Works Department in conjunction with
the City Attorney and the City Manager’s office has made many
attempts to convince the Perrys to execute the easement
documents. The Perrys have agreed many times to execute the
document, but as of this date, they have failed to return it.
For your information, the Perrys have connected to the City sewer
since April 2002, but have not paid the $1,300 participation or the
short sewer tap fee of $1,225.00. The City staff and the City
attorney have been in direct contact with Mr. and Mrs. Perry since
the spring of 2002 for the acquisition of this easement. They have
promised to execute and return the document to the City many
times, but have failed to fulfill their promise repeatedly.
On August 28, 2003, a new appraisal was prepared to determine
the value of sewer easement on Perry’s property. The value was
determined to be $900. The City attorney forwarded the final offer
to Perrys on September 15, 2003. As of this date, Perry’s have
refused to acknowledge the final offer and returned the executed
document to the City.
Since we have made many attempts to secure the executed
document from Perry’s and since all of the staff’s attempts has
failed to bring this matter to conclusion to acquire the easement,
Council is requested to authorize acquisition by the right of
eminent domain.
Financial
Consideration:
Appraised value of $900, the attorney fees, the customary Tarrant
County special Commissioner’s fees, and closing costs.
Citizen Input/
Board Review:
Not applicable.
Legal Review:
The entire case has been reviewed by the City Attorney.
Alternatives:
Not applicable.
Supporting
Documents:
Resolution to acquire land by the right of eminent domain
Vicinity Map
Fact Sheet
Survey Documents
Appraisal Summary
Final Offer Letter
Staff
Recommendation:
The City Council approve Resolution No. 03-068, authorizing the
City staff and the City Attorney to acquire the above referenced
parcel by the right of eminent domain.
Staff Contact:
Pedram Farahnak, P.E., Director of Public Works, 481-2308
Valerie Bradley, Assistant to the Director of Public Works, 481-
2342
RESOLUTION NO. 03-068
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A
CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING AN EASEMENT FOR USE BY THE CITY FOR THE
CONSTRUCTION OF STREET IMPROVEMENTS OR FOR
OTHER PURPOSES PERMITTED BY LAW.
WHEREAS,
the City of Southlake has constructed sanitary sewer improvements
within the Cross Timber Hills Subdivision, (the “Project”) which will serve sanitary
sewer customers within the subdivision; and
WHEREAS,
in order to properly maintain the infrastructure installed with the
Project, it is necessary for the city to acquire an easement from property owners who own
land across which the Project is located; and
WHEREAS,
the city and the owners of said properties, Mr. Steve L. Perry and
Mrs. Aline G. Perry of Southlake, have been unable to reach an agreement on the
acquisition of this easement; 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 Attorney is hereby authorized to bring a condemnation lawsuit for the
purpose of acquiring an easement, being more particularly described on the exhibit
attached hereto.
SECTION 2.
The City Council finds that such acquisition in this condemnation action is
necessary in order to serve the public health, safety and welfare.
PASSED, APPROVED, and EFFECTIVE this ____ day of __________________,
2003.
____________________________________
Mayor, City of Southlake
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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Perry Property Fact Sheet
The City needs 1,237 square feet (0.028 acres) of easement from the property
located at 1356 Woodbrook Lane in order to maintain the sewer infrastructure
installed.
The City believed to have acquired this easement until notification from Tarrant
County that the easement document was not properly executed. In the mean time,
the property was sold from Mrs. Castillo to Mr. and Mrs. Perry.
For a span of approximately one year, several different members of City staff
attempted to acquire this easement from the Perry’s. Each attempt by staff was
met with complaints to each person’s supervisor, until Mr. Perry asked to speak
with the City Manager. The City Manager then turned the acquisition over to the
City Attorney.
The City Attorney’s office then spent about six months working with Mr. Perry to
acquire this easement; resulting in no agreement.
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EXHIBIT `B'
15'Permanent Utility Easement
35'Temporary Construction Easement
Being a 0.02.8 acre tract of land in the A.A. Freeman Survey, Abstract No, 522., City of
Southlake, Tarrant County, Texas and being a strip of land, over.. through, and across
Block 4, Lot 20 of the Cross Timber Hills Addition in Volume 388-165, ?.571
(P.R.T.C.T.)and being more particularly described as follows:
COMMENCING at a 'Oz" iron rod found for a corner, said point being the southeast
property corner for Block 4, Lot 57 and the southwest property corner for Block 4, Lot
58,both of the Cross Timber Hills Addition in Volume 388-174,P.57(P.R.T.C.T.), also
being in the north property line of said Lot 20 and being the POINT OF BEGINNING;
THENCE N 71° E,a distance of 155.35 feet along said property line to a point for a
south property line of said Lot 58;
THENCE N 76' 04' 17"E, a distance of 3.85 feet to a point for a corner, said point
being in the east property line of said Lot 20 and in the west property line
of Block 4,Lot 19 of the Cross Timber Hills Addition in Volume 388-165,
P.57;
THENCE S 22" 51' 35" W, a distance of 18.73 feet along said property line to a
point for a corner;
THENCE S 76' 04' 17" W, a distance of 161.44 feet to a point for a comer, said
point being in the north property line of said Lot 20 and in the south
property line of said Lot 57;
THENCE N 71' E, a distance of 14.11 feet to the POINT OF BEGINNING,
containing within these metes and bounds 0.028 acres or 1,237 square feet
of land,more or less.
G A00 I-444\444-1g 116.doc
GOODRICH, SCHECHTER & ASSOCIATES, LLC
REAL ESTATE APPRAISAL AND CONSULTATION
August 28, 2003
Ms.Valerie Bradley
City of Southlake, Texas
Public Works Administration
1400 Main Street, Suite 320
Southlake, Texas 76092
Dear Ms. Bradley:
In response to your request, we have prepared a "limited" appraisal report of the residential lot
located at 1356 Woodbrook Lane in Southlake, Tarrant County,Texas. The purpose of this report
is to estimate the market value of the permanent easement to be acquired by the City of Southlake,
as of the effective date of our inspection of August 26, 2003. This analysis is limited because
determining the contributory value of the main improvements and a valuation of the property as
improved were not a part of this assignment.
This report is intended to comply with the reporting requirements set forth under Standards Rule 2-
2(c) of Uniform Standards of Professional Appraisal Practice for a summary report. As such, it
presents summarized discussions of the data,reasoning,and analyses that were used in the appraisal
process to develop the appraisers' opinion of value. Additional supporting documentation
concerning the data, reasoning, and analyses is retained in the appraisers' file. The depth of
discussion contained in this report is specific to the needs of the client and for their intended use. The
Iappraisers are not responsible for unauthorized use of this report.
I Based on the analysis and data summarized in this report, it is our opinion that the following value
was applicable to the acquisitions as of the effective date of appraisal:
IPermanent Utility Easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . • • • • $900
This report is subject to the Assumptions and Limiting Conditions contained herein. Thank you for
the opportunity to be of service to you. Please feel free to call if you have any questions.
Sincerely,
IGOODRICH, SCHECHTER&ASSOCIATES, LLC
By: M.R. G drich, MAI
�-
By: Jacqueline Gundlach Green
' 5150 Trail Lake Drive,Suite A Fort Worth,Texas 76133 (817)294-9415 Fax(817)294-9417
GOOD WESTERN PLACE T
TELEPHONE:(817)332-2580
SUITE 200 r 160 II8 1a nt TOLL FREE:(800)318-3400
1-30 AT BRVANT-IRVIN ROAD L. FACSIMILE:(817)332-4740
FORT WORTH,TE%As76107-4654 DENTON:(940,383.2674
EMAIL:TOASE@TOASE.COM Attorneys � Counselors DENTON METRO:(912)434.3834
WEBSITE:WWW.TOASE.COM
ROBERT M.ALLIBON
September 15,2003
[Certified Mail,Return Receipt Requested
#7002 2030 0003 3848 34161
and Regular First Class Mail
Mr.and Mrs.Steve L.Perry
1356 Woodbrook Lane
Southlake,Texas 76092
Re: FINAL OFFER
City of Southlake,Texas
Permanent Utility Easement(1,237 square feet or 0.028'acres)
Dear Mr.and Mrs.Perry:
This firm serves as City Attorney for the City of Southlake,Texas(the"City"). As you
know,the City previously asked Mrs.Castillo(the prior owner of your property)for an easement
across the property to install a sanitary sewer line to serve existing and future development in the
City. In exchange for the easement, the City agreed to waive the participation fee ($1,300)
which is one of the fees normally charged to persons who hook up to the City's sewer system. A
City employee took Mrs.Castillo the easement and a notary public acknowledged her signature.
However, she did not sign the easement. The City did not discover this until after you had
acquired the property,and when they did the City asked you to sign the easement. Based upon
good faith and relying on your representations and statements that you would sign the sewer
easement, the City connected you to the sewer system without collecting the $2,525 in
participation and tap fees. Later, you have refused to sign the easement unless you receive
payment in$1,150 for damages. At your request,the City caused a contractor to haul five loads
of dirt to your property. You have not filed a claim for damages related to the dirt,and have told
representatives of our office that there are no damages now,but that trees may die in the future.
The City has offered to pay you$1,150 if you will sign a release. To date,you have refused to
sign a release or dedicate the easement. Because the City's negotiations with you to acquire this
easement on your property have not been successful to date, a final offer is being submitted to
you.
Enclosed please find a copy of the appraisal report on the above property. The appraised
value of the easement to be acquired is$900. The City has authorized me to make a final offer
of$900 for acquisition of the permanent utility easement,subject to clear title being secured for
the property.
-D V CETV
SEP 17 2003
DEPT.OF PUBLIC W OIZK:
September 15,2003
Page 2
If you desire to accept this offer,please contact me or my legal assistant,Harriet Siek,at
the telephone number listed above as soon as possible. Acceptance of this offer must be by all
owners of the property for the total sum offered. If this offer is not acceptable by 5:00 p.m.,
Friday, September 26, 2003, it must be considered as having been rejected. The City would
much prefer to acquire the property by agreement with you;however,if the offer is not accepted,
the City will authorize me to initiate a condemnation suit in a court of law to acquire title to the
property through the City's power of eminent domain.
If you have any questions,please do not hesitate to call me.
Ve yours,
Robert M.Al ibon
RMA:mar
Enclosure
cc: Billy Campbell,City Manager,City of Southlake(w/o enclosure)
Shana Yelverton,Assistant City Manager,City of Southlake(w/o enclosure)
Valerie Bradley,Public Works Department,City of Southlake(w/o enclosure)
Allen Taylor,of the firm(w/o enclosure)
W:1Southlake\Perry\Letters\FinalOffer.RMA.Final,doe