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
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2199 East Dove Road
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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.
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DONNIE W. WARD
AND WIFE
LEIGH ANN WARD
VOL. 8735, PG. 1350
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PAUL WAGNER, CC No. 205141692, D.R.T.C.T.
SURVEYED ON THE GROUND
MAY 26, 2010
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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.
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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
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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
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DRAINAGE AND WALL EASEMENT
0. 031 ACRE OF LAND
LOCATED IN THE
FRANCIS THROOP SURVEY
ABSTRACT No. 1511
SOUTHLAKE, TARRANT COUNTY TEXAS
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JAB L BRMAIN
1674
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JULY B, 2010