Item 4FCITY OF
SOUTHLAK -E
MEMORANDUM
(June 7, 2011)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Resolution No. 11 -029, Authorize the city attorney to bring
condemnation action for the purpose of obtaining street right
of way and easements for construction and maintenance of
North Kimball Avenue located in the Francis Throop Survey,
Abstract 1511 at 1470 North Kimball Avenue.
Action
Requested: Resolution No. 11 -029, Authorize the city attorney to bring
condemnation action for the purpose of obtaining street right of way
and easements for construction and maintenance of North Kimball
Avenue located in the Francis Throop Survey, Abstract 1511 at
1470 North Kimball Avenue.
Background
Information: The City is currently acquiring right of way and necessary
easements for the construction of the North Kimball Avenue
improvement project. The property located at 1470 North Kimball
Avenue is owned by Ashwin J. and Bharti Babaria, (the "Babaria
Property "). Parcels 20 and 20A are included in the acquisition.
City staff received an appraisal for the property at 1470 North
Kimball Avenue dated February 16, 2011 for $75,048. The
appraised value of $75,048 included the right of way, a utility,
drainage and wall easement and a temporary construction
easement.
An offer letter was sent to the property owner on May 4, 2011. The
offer to the property owner was made for the right of way, utility,
drainage and wall easement, and a 10' wide temporary
construction easement based upon the appraisal. The right of way
and easement areas are necessary to accommodate additional
travel lanes, relocated city utilities, and pedestrian sidewalks that
are included in the widening project. The construction contract will
include reconstruction of the existing driveway and relocation of the
existing fence, gate and mailbox.
ADDraised Value of the Proaert
Right of way (8,621 sf @ $5.00 /sf) $43,105.00
Utility, drng & wall esmnt. (3,519sf @75% * $5.00 /sf) 13,196.00
Temp. const. esmnt. (3,519sf @$5.00 /sf * 10 % /yr.) 1,760.00
Improvements 16,987.00
Cost to cure 0.00
Net Value $75,048.00
The value of the improvements on the land being taken is as
follows
Improvements*
Wire Mesh Fencing
$ 510.00
Pipe Fencing
5,067.00
Red Tip Photinias
150.00
Iron Gate
226.00
Iron Posts
549.00
Concrete Driveway
1,317.00
Sprinkler System
518.00
Mailbox
1,400.00
Electrical Battery and Remote Access Unit
3,150.00
Tropical Plants
4,100.00
Total
$16,987.00
*value of improvement, less depreciation
There are no costs to cure the damages (replacement costs) to the
property. The fencing, gate and mailbox will be replaced or
relocated, as needed as part of the construction of Kimball Avenue
and are included in the construction contract.
On May 12, 2011, staff met with Mr. Babaria and his son -in -law to
discuss the offer. The property owner does not wish to accept the
offer, and has declined to provide an independent appraisal to
support a counter offer. Mr. Babaria has asked staff to allow the
City Council to provide guidance on the property acquisition.
City staff requests the Council's approval of Resolution 11 -029 to
continue the process in a timely manner. The City Attorney will
work with staff and is prepared to proceed with condemnation
proceedings if an agreement cannot be reached.
Financial
Considerations: Funding for the right of way and easement purchase is available in
the FY 2011 capital improvement program budget.
Strategic Link: The North Kimball Avenue Improvement project links to the city's
strategy map relative to the focus areas of Mobility, Infrastructure,
and Performance Management and Service Delivery. The specific
corporate objectives that are met by this construction project
include: Providing travel convenience within city and region;
Providing high quality customer service; and Investing to provide
and maintain high quality public assets.
Citizen Input/
Board Review: N/A
Legal Review: The standard right of way and easement documents have been
reviewed by the City Attorney's office.
Alternatives: The City Council may approve or deny Resolution 11 -029.
Supporting
Documents: Location Map
Resolution 11 -029
Right of way and easement exhibits
Staff
Recommendation: Resolution No. 11 -029, Authorize the city attorney to bring
condemnation action for the purpose of obtaining street right of way
and easements for construction and maintenance of North Kimball
Avenue located in the Francis Throop Survey, Abstract 1511 at
1470 North Kimball Avenue.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl Taylor, P.E., Civil Engineer
Location Map
1 1470 North Kimball Avenue
RESOLUTION NO. 11 -029
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A
CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A
RIGHT OF WAY AND EASEMENTS FOR CONSTRUCTION AND
MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER
PUBLIC PURPOSES PERMITTED BY LAW
WHEREAS, the City of Southlake is in the process of constructing public roadway
improvements along North Kimball Avenue (the "Project ") which will serve existing and future
development in the City; and
WHEREAS, in order to complete construction of the Project, it is necessary for the City
to acquire a right of way and easements from property owners who own land across which the
Project will be located; and
WHEREAS, the City and the owner of two of said properties, Ashwin J. and Bharti A.
Babaria, (the "Babaria Properties "), have been unable to reach an agreement on the acquisition of
the needed right of way and easements; and
WHEREAS, the City Council now deems it necessary to authorize the City Attorney to
initiate condemnation proceedings in order to acquire the necessary right of way and easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
The City Council of the City of Southlake, Texas, hereby finds and determines that the
recitals made in the preamble of this Resolution are true and correct, and incorporates such
recitals herein.
SECTION 2.
The City Council of the City of Southlake, Texas hereby finds and determines that a
public necessity exists for the City of Southlake, Texas to acquire a 0.198 acre right of way,
0.081 acre permanent utility, drainage and wall easement, and a 0.081 acre temporary
construction easement on the Properties, as more particularly described on the attached Exhibits
"A" for Parcels 20 and 20A and depicted on the attached Exhibits `B" for Parcels 20 and 20A.
SECTION 3.
The City Attorney is hereby authorized to bring a condemnation lawsuit against the
owners, and any and all other parties having an interest in the property, for the purpose of
acquiring the above referenced right of way and easements through the exercise of the City's
power of eminent domain, provided that the following conditions are first met:
Page 1
(a) The City will obtain ownership information and a legal description for each parcel
to be acquired;
(b) If the property owners and /or other parties are located through the exercise of due
diligence, the City Manager, or her designated representative, will:
(1) Make a final offer to the owners and /or other parties for the purchase of
the above referenced right of way and easements;
(2) When the final offer to purchase is made, the City Manager or her
representative will disclose to the owners and /or other parties, all existing appraisal reports or
value studies produced or acquired by the City relating to the owners' or parties' property and
used by the City in determining the amount of the final offer;
(3) If the owners and /or other parties fail or refuse to accept the City's final
offer, the City Manager may direct the City Attorney to file eminent domain proceedings.
(c) When any of the owners and /or other parties cannot be located through the
exercise of due diligence, the City Attorney may skip the actions described in paragraph (b) and
may file eminent domain proceedings against such owners and /or other parties, and shall cite
such owners and /or other parties, who cannot be located, by publication in the manner authorized
by law.
(d) The City Council hereby authorizes the City Manager to make final offers to the
owners of such property in such amount as the City Manager determines to be just compensation
for conveyance to the City of Southlake of the above referenced right of way and easements,
based upon appraisals or market studies available to the City Manager.
SECTION 4.
That the City Council hereby finds and determines that the above described right of way
and easements are needed so that the City of Southlake can construct roadway improvements,
which is a public purpose and is necessary to serve the public health, safety and welfare.
SECTION 5.
That this Resolution shall take effect upon its adoption, and it is so Resolved.
ADOPTED this day of , 2011.
Mayor, City of Southlake
ATTEST:
Alicia Richardson, City Secretary
Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT -OF -WAY
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 20
BEING 0.185 acre of land located in the Francis Throop Survey, Abstract No.
1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Ashwin J. Babaria and wife, Bharti A. Babaria by the deed recorded
in Volume 15338, Page 368, of the Deed Records of Tarrant County, Texas.
Said 0.185 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a ' /z" iron rod found at the Southeast corner of said Babaria Tract
and the Northeast corner of a tract of land conveyed to Brenda Kay Horrel by the
deed recorded in Volume 13999, Page 232 of the Deed Records of Tarrant
County, Texas, and said POINT OF BEGINNING also lying in the existing West
right -of -way line of North Kimball Avenue;
THENCE N 89° 33' 53" W 26.91 feet, along the South boundary line of
aforesaid Babaria Tract and the North boundary line of said Horral Tract,
to a %z" iron rod marked "Brittain & Crawford ", set in the new West right -of-
way line of said North Kimball Avenue;
THENCE N 00° 49' 31" W 290.62 feet, along the new West right -of -way
line of said North Kimball Avenue, to a '/2" iron rod marked "Brittain &
Crawford ", set in the North boundary line of said Babaria Tract and the
South boundary line of Lot 23, F. Throop No. 1511 Addition, to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in
Cabinet A, Slide 11643 of the Plat Records of Tarrant County, Texas;
THENCE S 89° 37'23" E 28.48 feet, along the North boundary line of
said Babaria Tract and the South boundary line of said Lot 23, to a' /2" iron
rod found at the Northeast corner of said Babaria Tract and lying in the
existing West right -of -way line of North Kimball Avenue;
THENCE S 00° 30'53" E 290.62 feet, along the East boundary line of
said Babaria Tract and the existing West right -of -way line of North Kimball
Avenue, to the POINT OF BEGINNING containing 0.185 acre (8,047
square feet) of land.
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PAUL WAGNER
CC No. 2051 41 69 6
D.R.T.C.T.
LOT 23, F. THROOP NO. 1511 ADDITION
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PERMANENT RIGHT -OF -WAY
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SURVEYED ON THE GROUND
MAY 26, 2010
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REGtSTERED PROFESSK)MAL PROPERTY CORNER NOTE
LAND SURVEYOR
STATE OF TEXAS NO. 1674 ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
psi CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
BRrrra>N &CRAwFoRD
PERMANENT RIGHT —OF —WAY
LAND SURVEYING ac
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TOPOGRAPHIC MAPPING
0.185 ACRE OF LAND
(617) 928-0211 - 1ETRO (8173 4t9 -0n2
FAX 11, (617) 926 -9347
P.O. BOX 11374 . 3906 SOUTH FREEVAT
LOCATED IN THE
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ABSTRACT NO. 1511
SOUTHLAKE, TARRANT COUNTY, TEXAS
SCALE 1"= 60'
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 20
BEING 0.067 acre of land located in the Francis Throop Survey, Abstract No.
1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Ashwin J. Babaria and wife, Bharti A. Babaria by the deed recorded
in Volume 15338, Page 368, of the Deed Records of Tarrant County, Texas.
Said 0.067 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a ' /z" iron rod marked "Brittain & Crawford ", set in the South
boundary line of said Babaria Tract, lying N 89° 33'53" W 26.91 feet from a ' /z"
iron rod found marking the Southeast corner of said Babaria Tract, Texas, and
said POINT OF BEGINNING also lying in the new West right -of -way line of North
Kimball Avenue;
THENCE N 89° 33'53" W 10.00 feet, along the South boundary line of
aforesaid Babaria Tract, to a point;
THENCE N 00° 49' 31° W 290.61 feet, to a point in the North boundary
line of said Babaria Tract;
THENCE S 89° 37'23" E 10.00 feet, along the North boundary line of
said Babaria Tract, to a ' /z" iron rod marked "Brittain & Crawford ", set in
the new West right -of -way line of North Kimball Avenue;
THENCE S 00° 49' 31" E 290.62 feet, along the new West right -of -way
line of North Kimball Avenue, to the POINT OF BEGINNING containing
0.067 acre (2,906 square feet) of land.
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NJ CITY OF
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1400 MAIN STREET,
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NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
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ABSTRACT No. 1511
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EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT -OF -WAY
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 20 A
BEING 0.013 acre of land located in Lot 23, F. Throop No. 1511 Addition, to the
City of Southlake, Tarrant County, Texas, by the plat recorded in Cabinet A, Slide
11643 of the Plat Records of Tarrant County, Texas. Said 0.013 acre of land
being more particularly described by metes and bounds as follows:
BEGINNING at a '' /2" iron rod found at the Northeast corner of said Lot 23, and
lying in the South boundary line of a tract of land conveyed to Paul Wagner, by
the deed recorded in County Clerk's File No. 205141696, of the Deed Records of
Tarrant County, Texas, and said POINT OF BEGINNING also lying in the
existing West right -of -way line of North Kimball Avenue;
THENCE S 01' 02'37" E 61.46 feet, along the East boundary line of said
Lot 23, and the existing West right -of -way line of said North Kimball
Avenue, to a ' / 2 " iron rod found at the Southeast corner of said Lot 23, and
lying in the North boundary line of a tract of land conveyed to Ashwin J.
Babaria and wife, Bharti A. Babaria by the deed recorded in Volume
15338, Page 364 of the Deed Records of Tarrant County, Texas;
THENCE N 89° 37' 23" W 9.47 feet, along the South boundary line of said
Lot 23, and the North boundary line of said Babaria Tract, to a ' / 2 " iron rod
marked "Brittain & Crawford ", set in the new West right -of -way line of said
North Kimball Avenue;
THENCE N 00° 49' 31" W 61.39 feet, along the new West right -of -way
line of said North Kimball Avenue, to a ' /2 ' iron rod marked "Brittain &
Crawford ", set in the North boundary line of said Lot 23 and the South
boundary line of said Wagner Tract;
THENCE N 89° 56'23" E 9.24 feet, along the North boundary line of said
Lot 23 and the South boundary line of said Wagner Tract, to the POINT
OF BEGINNING containing 0.013 acre (574 square feet) of land.
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VOL. 15338, PG. 364, D.R.T.C.T.
SURVEYED ON THE GROUND
MAY 26, 2010
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REGISTERED PROFESSIONAL PROPERTY PROPERTY CORNER NOTE
LAND SURVEYOR
STATE OF TEXAS NO. 1674 ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
pb qj CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
BRITTAIN dc PERMANENT RIGHT —OF —WAY
LAND SURVEYING & o
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TOPOGRAPHIC MAPPING
(617) 906 11 — 9E (617) 429-5112 0.013 ACRE OF LAND
FAX No. (917) 926 -9347 LOCATED IN
P.O. BOX 11374 r 390! SOUTH FRE Y
FORT r69 TH, TEXAS 76110 LOT 23, F. THROOP NO. 1511 ADDITION
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SOUTHLAKE, TARRANT COUNTY, TEXAS
\IOMBALL\-ROW20A\ I I SCALE 1 11 = 20'
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 24 A
BEING 0.014 acre of land located in Lot 23, F. Throop No. 1511 Addition, to the
City of Southlake, Tarrant County, Texas, by the plat recorded in Cabinet A, Slide
11643 of the Plat Records of Tarrant County, Texas. Said 0.014 acre of land
being more particularly described by metes and bounds as follows:
BEGINNING at a ' /z" iron rod marked °Brittain & Crawford ", set in the North
boundary line of said Lot 23, lying S 89° 56' 23" W 9.24 feet, from a ' /z" iron rod
found marking the Northeast corner of said Lot 23, and said POINT OF
BEGINNING also lying in the new West right -of -way line of North Kimball
Avenue;
THENCE S 00' 49'31" E 61.39 feet, along the new West right -of -way
line of said North Kimball Avenue, to a ' /z" iron rod marked °Brittain &
Crawford ", set in the South boundary line of said Lot 23;
THENCE N 89° 37' 23" W 10.00 feet, along the South boundary line of
said Lot 23, to a point;
THENCE N 00° 49' 31" W 61.31 feet, to a point in the North boundary line
of said Lot 23;
THENCE N 89° 56'23" E 10.00 feet, along the North boundary line of
said Lot 23, to the POINT OF BEGINNING containing 0.014 acre (613
square feet) of land.
G: uc%kimbaII- legals1Es -20A
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
BRmAm &CRAwFoRD 10' PERMANENT UTILITY,
LAND SURVEYING ° e DRAINAGE AND WALL EASEMENT E ",
TOPOGRAPHIC MAPPING
<BITr vm-me I - REM to T) 4[9-8I Is 0.014 ACRE OF LAND JAMES L BRITTAIN
FAX Na. (817) 928 -9347
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PROPERTY CORNER NOTE
SCALE 1 "= ZO'
ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
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Db qj CITY OF
SOUTHLAK
400 MAIN STREET,
SOUTHLAKE, TEXAS. 7fi092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
BRmAm &CRAwFoRD 10' PERMANENT UTILITY,
LAND SURVEYING ° e DRAINAGE AND WALL EASEMENT E ",
TOPOGRAPHIC MAPPING
<BITr vm-me I - REM to T) 4[9-8I Is 0.014 ACRE OF LAND JAMES L BRITTAIN
FAX Na. (817) 928 -9347
P.U. BOX rf374 . 3904 SOUTH FREEWAY r p 1674
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