Item 4GCITY OF
SOUTHLAKE
MEMORANDUM
(January 3, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Resolution No. 12 -002, 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 1360 North Kimball Avenue
Action
Requested: Resolution No. 12 -002, 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
1360 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 1360 North Kimball
Avenue is owned by Richard and Mary Ann Holliday.
City staff received an appraisal for the property at 1360 North
Kimball Avenue dated February 16, 2011 for $62,256. The
appraised value of $62,256 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 June 28, 2011.
The offer to the property owner was made for the right of way,
utility, drainage and wall easement, and a 20' 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, installation of a new sanitary
sewer line, and pedestrian sidewalks that are included in the
widening project. The construction contract includes reconstruction
of the existing driveway and relocation of the existing mailbox.
ADDraised Value of the Progert
Right of way (3,228 sf @ $7.00 /sf) $22,596.00
Utility, drng & wall esmnt. (1,309sf @75% * $7.00 /sf) 6,872.00
Temporary construction easement 2,029.00
Improvements 12,720.00
Damage to the remainder 18,039.00
Net Value $62,256.00
The value of the improvements on the land being taken is as
follows
Improvements*
Gravel Paving $ 500.00
Landscaping - Trees 11,800.00
Landscaping - Bushes 420.00
Total $12,720.00
*value of improvement, less depreciation
There are no costs to cure the damages (replacement costs) to the
property. The driveway and mailbox will be replaced or relocated,
as needed as part of the construction of Kimball Avenue and are
included in the construction contract.
Staff has met with the property owner on several occasions, but
has not been able to come to an agreement on the property
acquisition. We have provided alternate site solutions to remedy
the disruption to the property caused by the taking.
City staff requests the Council's approval of Resolution 12 -002 to
continue the process in a timely manner. Staff will continue to
meet with the property owners to come to an agreement on the
property acquisition. 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 12 -002.
Supporting
Documents: Location Map
Resolution 12 -002
Right of way and easement exhibits
Staff
Recommendation: Resolution No. 12 -002, 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
1360 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
•
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RESOLUTION NO. 12 -002
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 the property, Richard and Mary Ann Holliday, (the
"Holliday 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 0.149 acre right of way including an
existing 0.075 acre prescriptive right of way, a 0.030 acre permanent utility, drainage and wall
easement, and a 0.033 acre temporary construction easement on the Properties, as more
particularly described on the attached Exhibit "A" and depicted on the attached Exhibit "B ".
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 1 2012.
Mayor, City of Southlake
ATTEST:
Alicia Richardson, City Secretary
Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 16
BEING 0.149 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 Richard Holliday and wife, Mary Ann Holliday by the deed recorded
in Volume 14325, Page 524, of the Deed Records of Tarrant County, Texas.
Said 0.149 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a "PK" nail found at the Northeast corner of said Holliday Tract
and the Southeast corner of a tract of land conveyed to Gerald C. Graham and
wife, Barbara Graham by the deed recorded in Volume 10817, Page 2378 of the
Deed Records of Tarrant County, Texas, and said POINT OF BEGINNING also
lying in the centerline of North Kimball Avenue;
THENCE S 00° 36' 17" E 130.87 feet, along the East boundary line of
said Holliday Tract and the centerline of said North Kimball Avenue, to a
point at the Southeast corner of said Holliday Tract;
THENCE N 89° 45' 37" W 49.42 feet, along the South boundary line of
aforesaid Holliday Tract, and the North boundary line of a tract of land
conveyed to Jeff Massey by the deed recorded in Volume 16881, Page
198 of the Deed Records of Tarrant County, Texas, to a ' / 2 " iron rod
marked "Brittain & Crawford ", set in the new West boundary line of said
North Kimball Avenue;
THENCE N 00° 49' 31" W 130.88 feet, along the new West boundary line
of said North Kimball Avenue, to a %2" iron rod marked "Brittain &
Crawford ", set in the North boundary line of said Holliday Tract;
THENCE S 89° 45' 37" E 49.92 feet, along the North boundary line of
said Holliday Tract and the South boundary line of said Graham Tract, to
the POINT OF BEGINNING containing 0.149 acre (6,500 square feet) of
land.
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NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
BRmAm & CRAwFORD
EXHIBIT "B"
LAND SURVEYING &
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TOPOGRAPHIC MAPPING
LOCATED IN THE
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NO ( BETRD -93 7 429 -61I2
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P.O. BOX
FRANCIS THROOP SURVEY
GERALD C. GRAHAM AND WIFE,
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VOL.16881, PG.198
D.R.T.C.T.
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AREA TABLE
SURVEYED ON THE GROUND
0.149 ACRE TOTAL
MAY 26, 2010 OF
6,500 SQ.FT.
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0.075 ACRE IN PRESCRIPTIVE R.O.W.
C �� JAMES L BRITTAIN
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0.074 ACRE NET
3,228 SQ.FT.
JAMES L BRffTAIN 9 y °�'sst�a.�
REGISTERED PROFESSIO
LAND SURVEYOR
PROPERTY CORNER NOTE
STATE OF TEXAS NO. 1674
ALL
PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2
"IRS) WITH
CAP MARKED "BRITTAIN & CRAWFORD"
CITY OF
SOUTHLAKE
1400 MAIN STREET,
SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
BRmAm & CRAwFORD
EXHIBIT "B"
LAND SURVEYING &
0.149 ACRE OF LAND
TOPOGRAPHIC MAPPING
LOCATED IN THE
`BI, 82 6-0 2 11
NO ( BETRD -93 7 429 -61I2
F0.% (- 47
P.O. BOX
FRANCIS THROOP SURVEY
3 0a SM
11374 . 3BOB B❑I1TR FREEWAY
FORT WORni, TEXAS 76II0
ABSTRACT No. 1511
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SOUTHLAKE, TARRANT COUNTY,
\KIMBALL \-ROW16\
TEXAS
SCALE 1 11 = 50'
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 16
BEING 0.030 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 Richard Holliday and wife, Mary Ann Holliday by the deed recorded
in Volume 14325, Page 524, of the Deed Records of Tarrant County, Texas.
Said 0.030 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a 1 /2 " iron rod marked "Brittain & Crawford ". set in the North
boundary line of said Holliday Tract, lying N 89° 45' 37" W 49.92 feet, from a
'PK` nail found marking the Northeast corner of said Halliday Tract, 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 130.88 feet, along the new West right -of -way
line of said North Kimball Avenue, to a Yz" iron rod marked "Brittain &
Crawford set in the South boundary line of said Holliday Tract;
THENCE N 89° 45' 37" W 10.00 feet, along the South boundary line of
aforesaid Holliday Tract, to a point;
THENCE N 00° 49' 31" W 130.88 feet to a point in the North boundary
line of said Holliday Tract;
THENCE S 89° 45' 37" E 10.00 feet, along the North boundary line of
said Halliday Tract to the POINT OF BEGINNING containing 0.030 acre
(1,309 square feet) of land.
GA oc*imball- IegalslES -16
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GERALD C. GRAHAM AND WIF €,
Q g� BARBARA GRAHAM
4 VOL.10817, PG.2378
D.R.T.C.T.
POINT OF BEGINNING
112" IRON ROD SET
S 89 0 45'37 "E 10.00'-
10' PERMANENT UTILITY,
DRAINAGE AND WALL EASEMENT —,
0.030 ACRE / 1,309 SQ.FT
N 00 0 49'31 "W 130.88
TEMPORARY CONSTRUCTION EASEMENT
0.033 ACRE / 1,424 SQ.FT.
1
RICHARD HOLLIDAY AND WIFE,
(MARY ANN HOLLIDAY }
VOL.14325, PG-524
D.R.T.C.T.
20.0 c
N 89 °45'37 "W
10.00'
mo o•
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P�
JEFF MASSEY
VOL.1 6881, PG.198
D.R_T_C.T.
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49.92'
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PROPERTY CORNER NOTE
SCALE 1 "= 50' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
CITY OF SOUTHLAKE
1 1400 MAIN STREET SOUTHLAKE TEXAS 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
�RrrrAM &CRAWFORD 10' PERMANENT UTILITY,
LAND SURVEYING & DRAINAGE AND WALL EASEMENT OF
TOPOGRAPHIC MAPPING
csitl ate -MII - aemo (8 1?) 42"112 0.030 ACRE OF LAND JA L5 � BRIT AIN
F" No.(a, Y M9OJTH FPEE LOCATED IN THE ... .. ,. 167, BON I N., • 3 —034 aY1Y r'�
P.O. a '!
FOR FRANCIS THROOP SURVEY tiasu R14
ABSTRACT No. 1511
\KIM \ES -IG\ SOUTHLAKE, TARRANT COUNTY, TEXAS JULY B, 2010