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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 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.