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Item 4CCITY OF SOUTHLAK -E MEMORANDUM (September 6, 2011) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve the purchase of right of way and easement for Kimball Avenue Improvements from the property at 2199 East Dove Road in the amount of $240,000 Action Requested: Approve the purchase of right of way and easements for Kimball Avenue Improvements from the property at 2199 East Dove Road in the amount of $240,000 Background Information: The City is currently acquiring right of way necessary for the construction of the North Kimball Avenue improvement project. The property is located at 2199 East Dove Road on the southwest corner of the intersection of East Dove Road and North Kimball Avenue. The property appraisal valued the right of way and utility, drainage and wall easement for the property. The offer to the property owner was made for the right of way and easement based upon said appraisal. In addition to the right of way required for the widening of the roadway, the final design for Kimball Avenue included public sanitary sewer to serve this property which required an additional 10' wide utility, drainage and wall easement. The right of way and easement area are necessary to accommodate additional travel lanes, relocated city utilities, and pedestrian sidewalks that are included in the widening project. Proposed Settlement (based on appraisal) Parcel 23 — 2199 East Dove Road Right of way (7,604sf @ $8.50 /sf) $64,634.00 Util, drng, & wall esmnt. (1,351 sf @75% *$8.50 /sf) 8,613.00 Improvements* 40,252.00 Cost to cure ** 126,501.00 Total $240,000.00 *value of improvement, less depreciation ** Includes demolition of the 2 existing buildings on the property and the depreciation of the value of the remainder after the taking, removal of existing septic systems and connection to city sewer The property owner has agreed to the offer of $240,000.00, which is within the previously authorized City Council variance of the appraised value for the right of way and easement. The property owner further agrees to remove the existing structures from the right of way and easement within 120 days of closing with the title company. 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 this purchase. Supporting Documents: Location Map Right of way and easement documents Staff Recommendation: Approve the purchase of right of way and easements for Kimball Avenue Improvements from the property at 2199 East Dove Road in the amount of $240,000 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 2 �2 2199 East Dove Road I H x_' x N _ 7 U i N G7 CO Q W� (� 4 � x r Y to � o �I E- - HIGH -AND�T Z w J PATTE ... AY 2 KFF1 CV B�V.O N U dTIL w =W_TE_ CT• N w m RAIN 3RE E=0 R �' NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHLAKE THE STATE OF TEXAS COUNTY OFTARRANT KNOW ALL MEN BY THESE PRESENTS THAT, DONNIE W. WARD and wife, LEIGH ANN WARD, of the County of Tarrant, State of Texas, for and in consideration of ONE DOLLAR, and other good and valuable considerations paid by the City of Southlake, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, does hereby grant, bargain and convey to said City, its successors and assigns, a permanent right -of -way and the right to construct, reconstruct and perpetually maintain a public street and /or drainage facilities and utilities, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of constructing, reconstructing and maintaining said public street and /or drainage facilities and utilities, and for making connections therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas, being described as follows: EXHIBITS "A" and "B ", attached hereto and made a part hereof. TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant and forever defend the said conveyed property and rights granted herein unto Grantee, its successors and assigns every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS MY HAND, this the day of , 2011. DONNIE W. WARD STATE OF TEXAS COUNTY OFTARRANT LEIGH ANN WARD BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared DONNIE W. WARD and wife, LEIGH ANN WARD, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2011. Notary Public in and for The State of Texas Commission Expires: PARCEL NO. 23 9A:78Fil011:101112N NJ 0 11119101ZUTITY0 G: DOCK MBALL - LEGAL \PROW 23 Cover EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 23 BEING 0.175 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tract of land conveyed to Donnie W. Ward and wife, Leigh Ann Ward by the deed recorded in Volume 8735, Page 1350, of the Deed Records of Tarrant County, Texas. Said 0.175 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the Southeast corner of said Ward Tract and the Northeast corner of a tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141692 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° 53' 15" W 27.97 feet, along the South boundary line of aforesaid Ward Tract and the North boundary line of said Wagner Tract, to a Y2" iron rod marked "Brittain & Crawford ", set in the new West right -of- way line of said North Kimball Avenue; THENCE along the new West right -of -way line of said North Kimball Avenue, as follows: 1. N 00° 49' 31" W 126.45 feet, to a %2 iron rod marked "Brittain & Crawford ", set; 2. N 30° 29' 57" W 52.13 feet, to a '/" iron rod marked 'Brittain & Crawford ", set in the new Southwest right -of -way line of Dove Road; THENCE along the new Southwest right -of -way line of Dove Road, as follows: 1. N 62° 51' 56" W 41.42 feet, to a '� /2 iron rod marked "Brittain & Crawford ", set; 2. N 64° 25'38" W 130.79 feet, to a Y2" iron rod marked "Brittain & Crawford ", set in the West boundary line of said Ward Tract and the East boundary line of a tract of land conveyed to Pamela D. Long in the deed recorded in Volume 8713, Page 620 of the Deed Records of Tarrant County, Texas; THENCE N 00° 19' 37" E 11.80 feet, along the West boundary line of said Ward Tract and the East boundary line of said Long Tract, to a point lying in the existing Southwest right -of -way line of said Dove Road; THENCE S 65° 06'27" E 230.76 feet, along the Northeast boundary line of said Ward Tract, and the existing Southwest right -of -way line of said Dove Road to a point at the Northeast corner of said Ward Tract; THENCE S 00° 36' 17" E 161.43 feet, along the East boundary line of said Ward Tract and the existing West right -of -way line of said North Kimball Avenue, to the POINT OF BEGINNING containing 0.175 acre (7,604 square feet) of land. G:doc \kimball- leg@ Is \prow23 �J O fy 0 5 I O � � I N 00 0 19'37 "E Ar �Ne VF \ I 11.80, 3 sS 0 O R0g 1/2" IRS PERMANENT S 3 ?3 0.175 ACRE d N ID a r r` 0 C5 Z 0 0 1/2" IRS I N 62 0 51'56 "W 41.42 1 / 2 " N 30 °29'57 "W 52.13' 1/2" IRS DONNIE W. WARD AND WIFE LEIGH ANN WARD VOL. 8735, PG. 1350 D.R.T.C.T. ud 1� O' ud Goa a I PERMANENT RIGHT -OF -WAY IT OF -WAY .6 SQ.FT. / W a Ld .-. 1 LJ °¢ M - it rn 1 o ;D D M U) Z Q p __ __ 1 /2" IRS[ N 89 5"W 27.97' PAUL WAGNER, CC No. 205141692, D.R.T.C.T. SURVEYED ON THE GROUND MAY 26, 2010 Y F- \ 0 Z \ I T OF OEGINNING 3" IRON TD FOUND I I N w G �g3ClA JAMES L. BRITTAIN REGISTERED PROFESSIONAL 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" lb qlj CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" BRrrrau� a�CRAwFoRD PERMANENT RIGHT —OF —WAY LAND SURVEYING & 0.175 ACRE OF LAND TOPOGRAPHIC MAPPING LOCATED IN THE " "' 926 ("E'"° (81T ° Y FRANCIS THROOP SURVEY FAX Na (817) W 606 47 FREEWAY a " 11374 TE� M 0 ABSTRACT No. 1511 EllAI`aftinMRml -fordo SOUTHLAKE, TARRANT COUNTY, \KIMBALL\J20W23\ TEXAS SCALE 1 60' NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHLAKE PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT THE STATE OF TEXAS K O1 N J j I WA [ i] a I/_ 1:7:7 KNOW ALL MEN BY THESE PRESENTS THAT, DONNIE W. WARD and wife, LEIGH ANN WARD, of the County of Tarrant, State of Texas, for and in consideration of ONE DOLLAR, and other good and valuable considerations paid by the City of Southlake, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, do hereby grant, bargain and convey to said City, its successors and assigns, the right to construct, reconstruct and perpetually maintain permanent Utility, Drainage and Wall facilities, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of constructing, reconstructing and maintaining permanent Utility, Drainage and Wall facilities, and for making connections therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas, being described as follows: EXHIBITS "A" and "B ", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the City of Southlake, its successors and assigns. WITNESS OUR HANDS, this the day of , 2011 DONNIE W. WARD LEIGH ANN WARD STATE OF TEXAS CK61NaIWKi]aI _10 12_1aII BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared DONNIE W. WARD and wife, LEIGH ANN WARD, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2011 Notary Public in and for The State of Texas Commission Expires: 9TIWQ:1001[911111110%] G:20101EGALS \KH- KIMBALL \es -23 cover EXHIBIT "A" LEGAL DESCRIPTION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 23 BEING 0.031 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tract of land conveyed to Donnie W. Ward and wife, Leigh Ann Ward by the deed recorded in Volume 8735, Page 1350, of the Deed Records of Tarrant County, Texas. Said 0.031 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a '/V iron rod marked °Srittain & Crawford ", set in the South boundary line of said Ward Tract, lying N 89° 53' 15" W 27.97 feet, from a 518" iron rod found marking the Southeast corner of said Ward Tract, and said POINT OF BEGINNING also lying in the new West right -of -way line of North Kimball Avenue; THENCE N 89° 53' 15" W 10.00 feet, along the South boundary line of aforesaid Ward Tract, to a point in the new West right -of -way line of said North Kimball Avenue; THENCE N 00° 49'31 W 143.83 feet, to a point in the new West right -of- way line of said North Kimball Avenue; THENCE along the new West right -of -way line of said North Kimball Avenue, as follows: 1. S 30'29'57" E 20.20 feet, to a '!2 iron rod marked "Brittain & Crawford ", set; 2. S 00° 49'31"E 126.45 feet, to the POINT OF 1EGINNING containing 0.031 acre (1,351 square feet) of land. Gdoc kimbalklegals4E5 -23 oe cam° � I IW Z U 0 C N [3 6 IL UD r7 n J n z Z 0 Ld o a°" 3 W J "1D P ok � J q0 H 0 DON NIE W. W,4RD ^- ''` AND WIFE LEIGH ANN WARD VOL. 8735, PG. 1350 D.R.T.C.T. 10' PERMANENT UTILITY, DRAINAGE AND WALL EASEM€ 0.031 ACRE /1,351 SOFT. N 00 °49'31 "W 143.83' N 89 5"W 10.00 /2" w i 30 °29'57 "E 20.20' cl dNl z o I 0- IA I & a I q' 4 4 a S CALE 1l.- 60 POINT OF BEGINNING 1/2" IRON ROD SET PAUL WAGNER, CC No. 205141692, D.R.T.C.T. IRON R D FOUND HEAST RNER OF WARD T CT '53 ?7.97' � PROPERTY CORNER NOTE ALL PROPERTY CORNERS SET ARE 112" IRON RODS (1 /2 "IRS) WITH CAP MARKED "BRIITAEN & CRAWf oRD" CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" B>Etrrre>I+t &CRAWFO n 10' PERMANENT UTILITY, LMD SuRVV rNG a TOPOGRAP'HhC MPPPhNC �srrr ale -01H - rcrn0 relrr ur�rre FAX N.. (817) 92 V.O. B@- I I]r0. + ]G 00 9 .- WT11 ,9fE�+1T T te ,, K ,,, W-L \ -B DRAINAGE AND WALL EASEMENT 0. 031 ACRE OF LAND LOCATED IN THE FRANCIS THROOP SURVEY ABSTRACT No. 1511 SOUTHLAKE, TARRANT COUNTY TEXAS y JAB L BRMAIN 1674 ,%' ' f: JULY B, 2010