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
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Kimball ROW Map
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Parcel 3 - 695 S. Kimball Ave.
Parcel 2 - 605 S. Kimball Ave.
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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
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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
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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 "
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RIGHT -OF -WAY DE 0.283 acre
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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.
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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
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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
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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.)
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EDDIE L. CHEATHAM
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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
/
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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