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Item 9ACitv of Snuthlake_ Texas MEMORANDUM December 2, 2003 To: Billy Campbell, City Manger From: Pedram Farahnak, P.E., Director of Public Works, 481 -2308 Subject: Resolution No. 03 -075, authorizing the City Attorney to acquire land located at 311 S. Kimball Ave. (George W. Main Survey, A -1098, Tr. 2A), 695 S. Kimball Ave. (Lot 8 of Meadow Oaks Subdivision), and 605 S. Kimball Ave. (Lot 7 of Meadow Oaks Subdivision), all located in Southlake, Texas by the right of eminent domain for the purpose of reconstruction of South Kimball Ave. Action Requested: Approve Resolution No. 03 -075, authorizing the City Attorney to acquire land located at 311 S. Kimball Ave. (George W. Main Survey, A -1098, Tr. 2A), 695 S. Kimball Ave. (Lot 8 of Meadow Oaks Subdivision), and 605 S. Kimball Ave. (Lot 7 of Meadow Oaks Subdivision), all located in Southlake, Texas by the right of eminent domain for the purpose of reconstruction of South Kimball Ave. Background Information: The City Council approved funds for the design and reconstruction of Kimball Ave. widening from FM 1709 to Heritage Business Park in FY 02/03. The design is approximately 90% complete and the project is scheduled to start in February 2004. The staff has been communicating with the property owners since May 2003 toward acquisition of small tracts of land for the right - of -way (ROW) widening. Staff has shared the appraised value with the owners, but to date no agreement has been reached. Therefore, in order to keep the project on the Council required timeline, it has been deemed necessary to authorize the City attorney to proceed with the acquisitions through the City's right of eminent domain. Financial Consideration: Funding for this project is available from the CIP project #03R02- 0001 (Kimball Ave. Reconstruction from FM 1709 to Heritage Business Park). Citizen Input/ Board Review: Not applicable. Legal Review: The entire case has been reviewed by the City Attorney. Alternatives: Not applicable. Supporting Documents: Vicinity Map Resolution to acquire land by the right of eminent domain Survey Documents Fact Sheets Appraisal Summaries Staff Recommendation: The City Council approve Resolution No. 03 -075, 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 PF /vb Kimball ROW Map NORTHWEST PKWY EAST L _ I \N E MP � FI E�D - UTHLAKE BLVD z v s_ pP P G� G� P m CLEBURNE EUBANKS Y INTERMEDIATE SCHOO o Q 0 a s GEORGE DAWSON MIDDLE SCHOOL KS RNEF gUSI� 2 r� r z z v w Q CISID ATHLETIC FACILITY N Parcel 6 - 311 S. Kimball Ave. Parcel 3 - 695 S. Kimball Ave. Parcel 2 - 605 S. Kimball Ave. P RESOLUTION NO. 03 -075 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 will be reconstructing Kimball Ave., (the "Project ") which will serve all residents within the City of Southlake; and WHEREAS, in order to properly maintain the infrastructure installed with the Project, it is necessary for the city to acquire right -of -way from property owners who own land across which the Project is located; and WHEREAS, the city and the owners of said properties, Howard E. Carr, Jr.; Mr. Todd and Mrs. Kim Fox; and Mr. Carey and Kelly Pearson 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 right -of -way, 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 PARCEL 6 2003- ROW - .W--TC MMUN )IT )W 0.048 acres) EAST 3.94' 5 '8 - IPS t 2.097 sq. ft. S PQ P hill I I I P g � + Q o J ;�. c � 1 �� QP ° , Q 0 C O J K. e�w`I el P 4 1 I I Ql 0 I I J ' J Q W I -• W � ] w Q � V) 0 z z I � W � �N O =O i �' I W~ u' 0= < a� SCALE 1" - 40' 0 20 140 8o CD 0 �n LO �e M o P ,e� O t P 1kp otA ,o �. 04 p� ` �� o . , J xt 0 I J ALL ffARews eASED ON west LNe DIF TI£ o ""g 59 "W - TRACT 2A,aw SURVEY VOL. 8M P.1490 (D.R.T 3 g l "iPF 7.48' I, Eddie L. Cheatham of CHEATHAM AND ASSOCIATES, a Registered Professional Land Surveyor of the State of Texas, do hereby declare that the calculations, graphic depiction and legal descriptions of this survey were properly prepared under my fro an actualeurvey made on the ground. Registered Professional Land Surveyor No. 2348 CHEATHAM AND ASSOCIATES 1260 E. COPELMD ROAD #900 AMMGTON, TIRY�S 76011 MRTW (617) 266 -8896 (617) 648 -0696 'ARCEt_ 6 2003 -ROW -1 19 -TC I: RIGHT -OF -WAY DEDICATION Field Notes BEING a 0.048 acre (2,097 square feet) tract of land situated in the G.W. MAIN SURVEY, ABSTRACT No. 1098, City of Southlake, Tarrant County, Texas, and being a strip of land over, through, and across that certain Tract 2A of the G.W. MAIN SURVEY, ABSTRACT No. 1098 as recorded in Volume 8091, Page 1490 of the Deed Records of Tarrant County, Texas, and being more particularly described in metes and bounds as follows: BEGINNING at a 5/8" iron rod found, being the northwest corner of said Tract 2A, and being in the east right -of -way of South Kimball Avenue; THENCE EAST, a distance of 3.94 feet departing from said South Kimball Avenue, along the north property line of said Tract 2A to a 5/8" iron rod set for a corner; THENCE S. 00 °19'09" E., a distance of 367.17 feet to a point in the south line of said Tract 2A to a 5/8" iron rod set for a corner; THENCE N. 89 0 26'59" W., a distance of 7.48 feet along the south property line of said Tract 2A to a point for a corner; THENCE N. 00"13'58" E., a distance of 367.09 feet along the west property line of said Tract 2A and the east right -of -way of South Kimball Avenue to the POINT OF BEGINNING, containing 0.048 acre of land, more or less. G:W1- 2571257- LGL2.doc 2002- ROW - 095 -TC PARCEL3 EXHIBIT " .I AR = 12 D 9 S V. {D I RIGHT -OF -WAY DE 0.283 acre I I I N89 °59'57 "E I 18.39' (P I�O IP - - - - - -- - - -- t - -- / S I �I O 1 1 I 5U g0 0 E 3 - - - — W K5 . pP A 00W 0366,1290 a MEP 4 t p.R• I 1. j I� Ri I LL N C3 e l ly I T Ln LLJ W I O O c g5 So, y 5�r o 00 tx176p92 I S 0 R � 0 9 8 I I �� I Q N 6 MpINNp. i Or kn I _J 5g" rPS GBS�RpG T p j ZO I: m U, L = 122.46' I Iq 2 I o' p = 06 °21'09" I W II Y R = 1104.50' I w CD = S00'44'49 "E( Q I LC = 122.40' j W i N 5 8� fps I Q �– S06 °55'23 "E Q3 98.84' 2 Q I Se' S50° 26' 55 "E O 25.79' I N86 °51'37 "EI i s, r 31.00'— S86 51 ' 37' W S03° 08 ' 23 "E "_ - - - -- CROOKED LANE 90.31 3.00- \ 1 ( MEPpo r --- - - - - -- N 1 1: 1i ORU801ACT PP06 45 Y S I �� v 3 1 I I I JDL MRp03pN0 ,1 , •� G p g5 a 28 50 100 ALL BEARINGS BASED ON MEADOW OAKS SUBDIVISION ( IN FEET ) PLAT - VOL. 388 -129, PAGE 39 (P.R.T.C.T.) 1 inch - 50 ft. I, Eddie L. Cheatham of CHEATHAM AND ASSOCIATES, a Registered Professional Land Surveyor of the State of Texas, do hereby declare that the calculations, �� • 0 F T graphic depiction and legal descriptions of this survey were properly prepared gy p, a�sTr y under my rsonal super vision from on actualsurvey made on the ground. op EDDIE ..CHEATHAM ••v••••••••••••••••••• +••• Registered Professional Land Surveyor No. 2346 A 2346 9ti0 SUR�F'yu I CHEATHAM AND ASSOCIATES 1601 E. LAMAR BLVD #200 ARLINGTON, TEXAS 76011 METRO (617) 265 -8836 (617) 546 -0696 2002 —ROW- 095 —TC PARCEL 3 EXHIBIT 'B' RIGHT -OF -WAY DEDICATION Field Notes BEING a 0.283 acre (12,339 square feet) tract of land situated in the G. W. MAIN SURVEY, ABSTRACT No. 1098, City of Southlake, Tarrant County, Texas, and being a strip of land over, through, and across that certain Lot 8 of the MEADOW OAKS SUBDIVISION, an addition to the City of Southlake, Tarrant County, Texas as recorded in Volume 388 -129, Page 39 of the Plat Records of Tarrant County, Texas, and being more particularly described in metes and bounds as follows: BEGINNING at a 5/8" iron pin found, being the northwest comer of said Lot 8, being the southwest comer of that certain Lot 7 of said MEADOW OAKS SUBDIVISION, being in the east right -of -way of South Kimball Avenue (plat calls S. Kimball Road); THENCE N. 89 °59'57" E., a distance of 18.39 feet departing from the east right -of- way of said Kimball Avenue, along the north boundary line of said Lot 8, and along the south boundary line of said Lot 7 to a 5/8" iron rod set for corner; THENCE S. 00'34'14" E., a distance of 265.00 feet departing from said Lot 7, and departing from the north boundary line of said Lot 8 to a 5/8" iron rod set at the beginning of a curve to the left having a radius of 1104.50 feet, a Delta Angle of 06 °21'09 ", and a Long Chord which bears S. 00 °44'49" E., for a distance of 122.40 feet; THENCE Southeast, along said curve, a distance of 122.46 feet to a 5/8" iron rod set for comer; THENCE S. 06 °55'23" E., a distance of 98.84 feet to a 5/8" iron rod set for corner; THENCE S. 50 °26'55" E., a distance of 25.79 feet to a 5/8" iron rod set for comer; THENCE N. 86 °51'37" E., a distance of 31.00 feet to a 5/8" iron rod set for corner; THENCE S. 03 E., a distance of 3.00 feet to a 5/8" iron rod set, being in the south boundary line of said Lot 8, being in the north right -of -way of Crooked Lane, for comer; THENCE S. 86 °51'37" W., a distance of 90.31 feet to a point, being the point of intersection of the north right -of -way of said Crooked Lane and of the east right -of -way of said Kimball Avenue, being the southwest comer of said Lot 8, for comer; THENCE N. 00 °12'00" W., a distance of 507.91 feet departing from the north right - of -way of said Crooked Lane, along the west boundary line of said Lot 8, and along the east right -of -way of said Kimball Avenue to the POINT OF BEGINNING, containing 0.283 acre of land, more or less. G: W01- 230\1cpks\230 -LG Ll 4. doc v H 00) 0 I n O LL o= L I N Q c) n N PROPERTY DESCRIBED AREA = 3.036 sq. ft. 0.070 acre EXHIBIT " RIGHT -OF -WAY DEDICATION TRACT 3D. ABST. 529 ROBBY KAREN RAY KOONCE 620 S. KIMBALL AVE. SOUTHLAKE, TEXAS 76092 VOL. 11195. PG. 1936 DRTCT 3.32 ACRES Soft VEY P FRCTMNO 5Z9 � I I LU I ' ali J oa :r Q m CO I � 3 O I (n I I oe TRACT 4A1. ABST. 529 JAMB ENTERPRISES 710 S. KIMBALL AVE. SOUTHLAKE. TEXAS 76092 VOL. 11632. PG. 76 DRTCT j 1.17 ACRES ALL BEAR)NGS BASED ON MEADOW OAKS SUBDIVISION PLAT - VOL. 388-129, PAGE 39 (P.R.T.C.T.) I�. f•i„��STERfO 9 iR N ..:......................:... EDDIE L. CHEATHAM .. . \ 'A D 2346 ,•• '� F ES S��•' \ \� URN y 1 I I ii T 6 S89 °28'42 "E 1.- p 7.44' SO4 °35'03 "E 98.04' IPS K 10 t J% pye� L = 94.88' a t to Y, 1'P1. 116ay2 A = 04 °32' 10" bO5 Sarnld`e L = 94 ?86 1 sT 1301 J t s lot MKS SU P AGE 39 0 A 12 ) N1EPppV L l 5— T C T. "" /�S00 °02'53 "E _ _ 16.46 IPS 9 I S OT �-118918.39' N1 SURD 098 � MP1 14 0. G- 9P' 0 I P SURVEYOR'S CERTIFICATION I, Eddie L. Cheatham of CHEATHAM AND ASSOCIATES, a Registered Professional Land Surveyor of the State of Texas, do hereby declare that the calculations, graphic depiction and legal descriptions of this survey were properly prepared under my personal supervision f r om on actual survey made on the ground. Registered Professional Land Surveyor No. 2346 / / / / / / I I I a I 50 100 200 ( IN FEET ) 1 inch - 100 ft. CHEATHAM AND ASSOCIATES 1601 E. LAMAR BLVD SUITE 200 ARLINGTON, TEXAS 76011 (817) 548 -0696 Metro (817)265 -8836 2002 -ROAN -094 -1 G PARCPL 2 EXHIBIT 'B' RIGHT -OF -WAY DEDICATION Field Notes BEING a 0.070 acre (3,036 square feet) tract of land situated in the G. W. MAIN SURVEY, ABSTRACT No. 1098, City of Southlake, Tarrant County, Texas, and being a strip of land over, through, and across that certain Lot 7 of the MEADOW OAKS SUBDIVISION, an addition to the City of Southlake, Tarrant County, Texas as recorded in Volume 388 -129, Page 39 of the Plat Records of Tarrant County, Texas, and being more particularly described in metes and bounds as follows: BEGINNING at a 518" iron pin found, being the southwest comer of said Lot 7, being the northwest comer of that certain Lot 8 of said MEADOW OAKS SUBDIVISION, being in the east right -of -way of South Kimball Avenue (plat calls S. Kimball Road); THENCE N. 00 °12'00" W., a distance of 208.86 feet departing from said Lot 8, along the west boundary line of said Lot 7, and along the east right -of -way of said Kimball Avenue to a 518" iron pin found, being the northwest comer of said Lot 7, being the southwest comer of that certain Lot 6 of said MEADOW OAKS SUBDIVISION, for comer; THENCE S. 89 °28'42" E., a distance of 7.44 feet departing from the east right-of- way of said Kimball Avenue, along the north boundary line of said Lot 7, and along the south boundary line of said Lot 6 to a 518" iron rod set for corner; THENCE S. 04 °35'03" E., a distance of 98.04 feet to a 5/8" iron rod set at the beginning of a curve to the right having a radius of 1198.50 feet, a Delta Angle of 04 °32' 10 ", and a Long Chord which bears S. 02 °18'58" E., for a distance of 94.86 feet; THENCE Southeast, along said curve, a distance of 94.88 feet to a 518" iron rod set for comer; THENCE S. 00 0 02'53" E., a distance of 16.46 feet to a 5 /8" iron rod set, being in the south boundary line of said Lot 7, being in the north boundary line of said Lot 8, for comer; THENCE N. 89 °28'42" W., a distance of 18.39 feet along the south boundary line of said Lot 7, and along the north boundary line of said Lot 8 to the POINT OF BEGINNING, containing 0.070 acre of land, more or less. G:1001- 230UeP1sU30- LGL15.doc Parcel 6 311 S. Kimball Ave. Fact Sheet • 4 th tract south of FM 1709 on the east side of Kimball (3 11 S. Kimball Ave.) • The City needs 2,097 ft 2 (0.048 acres) of land; appraised at $4.35/ft • The property owner wants $11.00/ ft 2 plus he wants to be paid for land to the center of the road, which is 7,495 ft2 of existing prescriptive ROW. • Appraised value of taking is $9,122 or $4.3 5/ft Owner is asking for $105,512 Parcel 3 695 S. Kimball Ave. Fact Sheet • 1 st tract north of Crooked Lane on the east side of Kimball Ave. (695 S. Kimball Ave.) • The City needs 12,339 ft (0.283 acres) of land; appraised at $2.55 ft2. • The property owner wants $3.25/ft ($8,637.00 more than the City's offer) and waiver of the sewer participation fee ($1,300.00) and waiver of the sewer tap fee ($1,600.00) _ $11,537.00 • Appraised for $31,500 or $2.55 ft2 Owner wants $43,037 or $3.48 ft2 Parcel 2 Fact Sheet • 2" d tract north of Crooked Lane on the east side of Kimball Ave. (605 S. Kimball Ave.) • The City needs 3,036 ft (0.070 acres) of land; appraised at $2.55 ft2. • The property owner wants $3.25/ft ($2,125.00 more than the City's offer) and waiver of the sewer participation fee ($1,300.00) and waiver of the sewer tap fee ($1,600.00) _ $6,025.00 • Appraised for $7,742 or $2.55ft Owner wants $13,767 or $4.53 ft2 GOODRICH, SCHECHTER & ASSOCIATES, LLC REAL ESTATE APPRAISAL AND CONSULTATION September 17, 2003 Ms. Valerie Bradley City of Southlake, Texas Public Works Administration 1400 Main Street, Suite 320 Southlake, Texas 76092 Dear Ms. Bradley: i In response to your request, we have prepared a "limited" appraisal report of the tract located at 311 S. Kimball Avenue in Southlake, Tarrant County, Texas. The purpose of this report is to estimate ' the market value of the right -of -way proposed to be acquired by the City of Southlake, as of the effective date of our inspection of September 4, 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 ' appraisers are not responsible for unauthorized use of this report. Based on the analysis and data summarized in this report, it is our opinion that the following value ' was applicable to the acquisition as of the effective date of appraisal: Fee Simple Acquisition ............ ............................... $9,125 ! 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, GOODRICH, SCHECHTER & ASSOCIATES, LLC t By: M.R oodrich, MAI By: Jacqueline Gundlach Green ' 5150 Trail Lake Drive, Suite A Fort Worth, Texas 76133 (817) 294 -9415 Fax (817) 294 -9417 GOODRICH, SCHECHTER & ASSOCIATES, LLC REAL ESTATE APPRAISAL AND CONSULTATION September 15, 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, I have prepared a "limited" appraisal report of the tract of land located at 695 S. Kimball Avenue in Southlake, Tarrant County, Texas. The purpose of this report is to estimate the market value of the part to be acquired by the City of Southlake, as of the effective date of our inspection of September 13, 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- L. 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' opinions 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 appraisers are not responsible for unauthorized use of this report. Based on the analysis and data summarized in this report, it is our opinion that the following value was applicable to the acquisition as of the effective date of appraisal: Fee Simple Acquisition ........... ............................... $34,700 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, GOODRICH, SCHECHTER & ASSOCIATES, LLC By: M. . Goodrich, MAI By: Jacqueline Gundlach Green 5150 Trail Lake Drive, Suite A Fort Worth, Texas 76133 (817) 294 -9415 Fax (817) 294 -9417 GOODRICH, SCHECHTER & ASSOCIATES, LLC REAL ESTATE APPRAISAL AND CONSULTATION September 15, 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 tract of land located at 605 S. Kimball Avenue in Southlake, Tarrant County, Texas. The purpose of this report is to estimate the market value of the part to be acquired by the City of Southlake, as of the effective date of our inspection of September 13, 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' opinions 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 appraisers are not responsible for unauthorized use of this report. Based on the analysis and data summarized in this report, it is our opinion that the following value was applicable to the acquisition as of the effective date of appraisal: Fee Simple Acquisition ............ ............................... $9,750 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, GOODRICH, SCHECHTER & ASSOCIATES, LLC By: M.R. oodrich, MAI By: Jacqueline Gundlach Green M . 5150 Trail Lake Drive, Suite A Fort Worth, Texas 76133 (8171 294 -9415 Fax (8171 294 -9417