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Item 4BCITY OF SOUTHLAK -E MEMORANDUM (September 20, 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 easements for Kimball Avenue Improvements from the properties at 1480- 1620 North Kimball Avenue in the amount of $129,444 Action Requested: Approve the purchase of right of way and easements for Kimball Avenue Improvements from the properties at 1480 -1620 North Kimball Avenue in the amount of $129,444 Background Information: The City is currently acquiring right of way necessary for the construction of the North Kimball Avenue improvement project. The properties are located at 1480 -1620 North Kimball Avenue, south of Dove Road. The property appraisal valued the right of way and utility, drainage and wall easement and the temporary construction easement for the properties. The offer to the property owner was made for the right of way and easements 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 areas 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 21 — 1480 -1620 North Kimball Avenue Right of way* $63,405 Utility, drainage, & wall easement* 16,939 Temp. const. esmnt.* 344 Improvements ** 13,964 Cost to cure * ** 34,792 Total $129,444 *The commercial land is valued at $8.50 /sf and the residential land is valued at $5.50 /sf * *value of improvement, less depreciation * ** Includes 12 months of lost rent, moving expenses, depreciation of the value of the remainder after the taking, and removal of the existing septic system The property owner has agreed to the offer of $129,444.00 which is within the previously authorized City Council variance of the appraised value for the right of way and easements. 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 properties at 1480 -1620 North Kimball Avenue in the amount of $129,444 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 1480 -1620 North Kimball Avenue W N i 7 U 1 N G7 CO C Q W� (� 4 � x E � O �I Z E- HIGFiL -AND�T L w J PAT AY 2 K, K 8WE) N U d STI'L _W_TE_ CT• w � w RAINT.REE =OR m EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 21 BEING 0.218 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No. 205141692, of the Deed Records of Tarrant County, Texas. Said 0.218 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a %2 iron rod found at the Southeast corner of the 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 the Northeast corner of Lot 23, F. Throop No. 1511 Addition, an addition to the City of Southlake by the plat recorded in Cabinet A, Slide 11643 of the Plat 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 89° 56'23" W 28.24 feet, along the South boundary line of said Wagner Tract and the North boundary line of Lot 23, 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 338.08 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 Wagner Tract and the South boundary line of a 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; THENCE S 89° 53' 15" E 27.97 feet, along the North boundary line of said Wagner Tract and the South boundary line of said Ward Tract, to a 5/8" iron rod found in the existing West right -of -way line of North Kimball Avenue; THENCE S 00° 52' 15" E 338.00 feet, along the East boundary line of said Wagner Tracts and the West right -of -way line of North Kimball Avenue, to the POINT OF BEGINNING containing 0.218 acre (9,499 square feet) of land. G:doc \kimbal I -lega Is \prow21 I DONNIE W. WARD AND WFIE, I I �- IRSj LEIGH ANN WARD LOCATED IN THE ADDITION, CAB. A, SLIDE 11643 S 89 0 56'23 "W FRANCIS THROOP SURVEY VOL. 8735, PG. 1350, D.R.T.C.T. 28.24' ABSTRACT No. 1511 SOUTHLAKE, TARRANT COUNTY, TEXAS I ` ` I i S 89 5"E SURVEYED ON THE GROUND MAY 26, 2010 OF 1F 27.97' � BAR BED WI RE FENCE ` rte 1/2" IRS PAUL WAGNER CC No. 205141692 D.R.T.C.T. I PERMANENT RIGHT —OF —WAY I 0.218 ACRE /9499 SQ.FT. 00 C> Z W J Z 3 0 0 0 W ,^ WCD d z z I Z�~ p �" a P QUU i 3 N p w a w Z ` I CL I I V V I I I I �- IRSj -�- LOT 23, F. THROOP NO. 1511 LOCATED IN THE ADDITION, CAB. A, SLIDE 11643 S 89 0 56'23 "W FRANCIS THROOP SURVEY P. R.T. C.T. 28.24' ABSTRACT No. 1511 SOUTHLAKE, TARRANT COUNTY, TEXAS I ` ` I i SURVEYED ON THE GROUND MAY 26, 2010 OF 1F uPe G, R ``O 7f JAMES L BRITTAIN I IROM f�OD FOUND I W D Z W Q J I J m 0 I Y I m Z I I INT OF BEGINNING 1/2" IRON ROD FOUND I I I W z rnl REGISTERED PROFESSIONAL " SURD" 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" Bxrrrenv a�CRAwFoxD PERMANENT RIGHT —OF —WAY LAND SURVEYING do 0.218 ACRE OF LAND TOPOGRAPHIC MAPPING LOCATED IN THE ` ° "' M�l I W- ` 93 4 4L9 ° 2 FAX Na (81� 928 -9347 FRANCIS THROOP SURVEY P.0. 9M 1474 °99. SW FREErAY r T WRTH. TEAR 17°110 � "`'� \KIMMLL\— ROW21\ 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 21 BEING 0.078 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No. 205141692, of the Deed Records of Tarrant County, Texas. Said 0.078 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a ' / 2 " iron rod marked "Brittain & Crawford ", set 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 lying S 89° 56' 23" W 28.24 feet, from a ' / 2 " iron rod found marking the Southeast corner of the 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 new West right -of -way line of North Kimball Avenue; THENCE S. 89° 56' 23" W 10.00 feet, along the South boundary line of said Wagner Tract, to a point; THENCE N 00° 49'31" W 338.11 feet, to a point in the North boundary line of said Wagner Tract; THENCE S 89° 53' 15" E 10.00 feet, along the North boundary line of said Wagner 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 338.08 feet, along the new West right -of -way line of North Kimball Avenue, to the POINT OF BEGINNING containing 0.078 acre (3,381 square feet) of land. Gdoc*imb all-IegalslES -21 DONNIE W. WARD AND WIFE, LEIGH ANN WARD VOL. 8735, PG. 1350, D.R.T.C.T. S 89 J4 . 1 0.00' R 5 BARBED WIRE FENCE PAUL WAGNER CC No. 205141692 D.R.T.C.T. 10' PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT I 0,078 ACRE /3,381 SO.FT. I I �� rn 1 G Z H 0 a U-) �? 30r I I J CV OY I 1/2'� IRS I I �- ;D I r O D6 00 Li Illt 0 010 i IRON RIOD FOUND NEW WEST -WAY U 4 W Z` W 0 Q 0 a Ir J J 2 Y I � d Z ` I <Z I I I I 1 1 U F I I I I I lV TEMPCRf NsrRUCrroN I 9 °56'23' — — EASEMENT, .014 ACRE { 8.24` 625 .Fr. I10 LOT 23, F. THROOP ND. 1511 1 2" IRON ROD FOUND ADDITION, CAB. A. SLIDE 11643 S 89-56-23"W S UTHEAS CORNER OF P,R.T.C.T. 1 0.00' I C No. 25 T 696 / — 0lNT OF BEGINNING 1 /2" IRON Roo sET z J 7D 7 V1 PROPERTY CORNER NOTE SCALE 1 „ = 60, ALL PROPERTY CORNERS SET ARE 112'' IRON RODS (112 'IRS) WITH CAP MARKED "BR €TTAIN & CRAWFORD” lb qlj CITY OF SOUTHLAKE 1 400 MAIN STREET SOUTHLAKE TEXAS 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" BRrrr�,nRr a�CRAWFDRD 10' PERMANENT UTILITY, LMO SURVE)lNG & TOPOGRAPHIC LIMPING DRAINAGE AND WALL EASEMENT �. 9 f. tiT. �gpSTE�..a' y � r T� tuvt pts -Qrr - "cneo earn ua -errx 0.078 ACRE OF LAND _ — � L @RITTAIN FAX W9. (817) 92& -9347 P. d. 001 9 113?4 39d! GWr F9E— FOIRT VM714, 7EXM 79110 LOCATED IN THE ; _ 17 4 _ Fi _ 6 ?M .,s, R FRANCIS THROOP SURVEY ; ° \KIMaul\_ES -21\ ABSTRACT No. 1511 I SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6. 2010