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Item 4HCITY 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 -003, 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 1380 North Kimball Avenue Action Requested: Resolution No. 12 -003, 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 1380 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 1380 North Kimball Avenue is owned by Gerald and Barbara Graham. City staff received an appraisal for the property at 1380 North Kimball Avenue dated February 23, 2011 for $67,792. The appraised value of $67,792 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 July 14, 2011. The offer to the property owner was made for the right of way, a variable width utility, drainage and wall easement, and a variable width (10' -15') 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 fence, and relocation of the existing mailbox. ADDraised Value of the Progert Right of way (5,292 sf @ $5.50 /sf) $29,106.00 Utility, drng & wall esmnt. (1,856sf @75% * $5.50 /sf) 7,656.00 Temp. const. esmnt. (1,846sf @$5.50 /sf * 10 % /yr.) 1,015.00 Improvements 30,015.00 Cost to cure 0.00 Net Value $67,792.00 The value of the improvements on the land being taken is as follows Improvements* Gravel Paving $ 149.00 Wood Fencing 1,840.00 Landscaping - Trees 11,800.00 Sidewalk 1,063.00 Barbed Wire Fencing 252.00 Ground Cover 5,111.00 Pine Trees 9,600.00 Silver Maple Tree 100.00 Crape Myrtles 100.00 Total $30,015.00 *value of improvement, less depreciation There are no costs to cure the damages (i.e., replacement costs) to the property. The fencing, 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 Graham's on several occasions, but has not been able to come to an agreement on the property acquisition. Staff has 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 -003 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 -003. Supporting Documents: Location Map Resolution 12 -003 Right of way and easement exhibits Staff Recommendation: Resolution No. 12 -003, 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 1380 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 • a V J RESOLUTION NO. 12 -003 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, Gerald and Barbara Graham, (the "Graham 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 0.241 acre right of way including an existing 0.120 acre prescriptive right of way, a 0.043 acre permanent utility, drainage and wall easement, and a 0.042 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 PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 17 BEING 0.241 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 Gerald C. Graham and wife, Barbara Graham by the deed recorded in Volume 10817, Page 2378, of the Deed Records of Tarrant County, Texas. Said 0.241 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a "PK" nail found at the Southeast corner of said Graham Tract and the Northeast corner 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, and said POINT OF BEGINNING also lying in the centerline of North Kimball Avenue; THENCE N 89° 45'37" W 49.92 feet, along the South boundary line of aforesaid Graham Tract and the North boundary line of said Holliday 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 209.01 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 Graham Tract and the South boundary line of a tract of land conveyed to Burton H. Patterson and, Virginia L. Patterson by the deed recorded in County Clerk's File No. 204243712 of the Deed Records of Tarrant County, Texas; THENCE S 89° 45' 37" E 50.73 feet, along the North boundary line of said Graham Tract and the South boundary line of said Patterson Tract, to a point at the Northeast corner of said Graham Tract, lying in the centerline of line of said North Kimball Avenue; THENCE S 00° 36' 17" E 209.00 feet, along the East boundary line of said Graham Tract and the centerline of said North Kimball Avenue, to the POINT OF BEGINNING containing 0.241 acre (10,517 square feet) of land. G:doclkimball -leg a Islprowl7 i BURTON H. PATTERSON AND, L VIRGINA L. PATTERSON I — — — CC No. 204243712, D.R.T.C.T. z_ J > PANHANDLE DRIVE ° °e S 89 0 45'37 "E G \ ��` 50.73' 25 0' 1/2" IRS W w v - Z z z� < W O r� I r ao Q I GERALD C. GRAHAM AND WIFE, ` 3 a BARBARA GRAHAM 3 0 1 & Q VOL. 10817, PG. 2378 - It - D.R.T.C.T. 0 0 Of M � � w z \ Z 0. 0 \ z \ D \ o I /2" IRS ° �3 POINT OF BEGINNING 0 N 89 045'37 "W "PK" NAIL FOUND 49.92' — — P05 I RICHARD HOLLIDAY AND WIFE, z MARY ANN HOLLIDAY J VOL. 14325, PG. 524 Ld D.R.T.C.T. of in TUMBLEWEED TRAIL SURVEYED ON THE GROUND MAY 26, 2010 AREA TABLE 0.241 ACRE TOTAL 10,517 SQ.FT. 0.120 ACRE IN PRESCRIPTIVE R.O.W. JAMES L BRITTAIN 0.121 ACRE NET / 5292 SQ.FT. 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" rb ql CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" BRrr mN & CRAwFoRn PERMANENT RIGHT —OF —WAY LAND SURVEYING & 0,241 ACRE OF LAND TOPOGRAPHIC MAPPING LOCATED IN THE FAX ( ten) 926 11 - WTHO 4t8 -slit FRANCIS THROOP SURVEY FA 137 - 3 9234 P. 9 11 W � 3TE 9a,,, F� EW F ABSTRACT No. 1511 wr ronrH, 1Exns 7siio ELML. SOUTHLAKE, TARRANT COUNTY, \Kivanu\ RGW17\ TEXAS SCALE 1 "= 60' EXHIBIT "A" LEGAL DESCRIPTION PERMANENT' UTILITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 17 BEING 0 043 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 Gerald C. Graham and wife. Barbara Graham by the deed recorded in Volume 10817, Page 2378, of the Deed Records of Tarrant County, Texas. Said 0.043 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a ' / a" iron rod marked "Brittain & Crawford", set in the South boundary line of said Graham Tract, lying N 89° 45' 37" W 49.92 feet, from a 'PK" nail found marking the Southeast corner of said Graham. Tract, and said POINT OF BEGINNING also lying in the new West right -of -way line of North Kimball Avenue; THENCE N 89° 45' 37" W 10.00 feet, along the South boundary line of aforesaid Graham Tract. to a point; THENCE N 00° 49' 31" W THENCE N 89° 10'30" E THENCE N 00° 49' 31" W THENCE S 89' 10' 30" W THENCE N 00° 49' 31 "W of said Graham Tract, 82.70 feet, to a point: 4.00 feet, to a point: 58.43 feet, to a point; 4.00 feet, to a point, 67.88 feet, to a point in the North boundary line THENCE S 89' 45' 37" E 10.00 feet, along the North boundary line of said Graham Tract, to a '/2" iron rod marked "Brittain & Crawford ". set, THENCE S 00° 49' 31" E 209.01 feet, along the new West right -of -way line of said North Kimball Avenue, to the POINT OF BEGINNING containing 0.043 acre (1,856 square feet) of land. G.doclkimba lkleg alsSES -17 BURTON H. PATTERSON AND, V L SON CC No 204 20424371122, , D. D,R.T.C.T. I � PANHANDLE DRIVE © d I — 4�' S 89 045'37 "E I IRS 1/2 1 0.00' '" — — — — — — 1 15 10' ( PERMANENT UTILITY, TEMPORARY CONS ASEMElJr C.1323 / 1,0 za ACRE / t,oz so.�.� -�, DRAINAGE AND WALL EASEMENT 0.043 ACRE / 1,856 SQ.FT. N 00 0 49'31 "w �I o I :3 67.88' Z is Q W I 04 S 89 °10'30 "W 4.00 Q - — w QI N 00 °49'31"W 58.43'----w ►'�I Q I rn N 89 0 10'30 "E 4.00' © N 00 0 49'31 "W 82.70' ; V) ce GERALD C. GRAHAM AND WIFE, N 0 BARBARA GRAHAM mI Z I ` VOL. 10817, PG. 2378 D.R.T.C.T. i PROPOSED NEW TEMPORARY CONSTRUCT" EASEMENT I RIGHT —OF WAY 0.019 ACRE / 826 SQ.FT. 1 101 . LINE I ~ N 89 °45`3 " "PK" NAIL FOUND g` N 89 °45'37' "W 49.92 ou GRAHAM TRACT OF � 10.00' POINT OF BEGINNING 1/2" IRON ROD SET Ld RICHARD HOLLIDAY AND WIFE, MARY ANN HOLLIDAY J VOL. 14325, PC. 524 ' $ O.R.T.C.1'. I � L a — I� TUMBLEWEED TRAIL PROPERTY CORNER NOTE SCALE 1 SO' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1 /2 "iRS) WITH CAP MARKED "BRIT do CRAWFORD" IS] CITY OF SOUTHLAKF 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" BRA' 'nlsr &CRAWFORD 10' PERMANENT UTILITY, LAND sURVEYINC k TOPOGRAPHIC MAPPING t af7f sfb l - MET" I6177 4r"I I2 f �. (017) 92 v. o. e f N., . 3BBS - 934 !R€EMr "�T ATM. TEw �Blto \KIM \..ES -17'\ DRAINAGE AND WALL EASEMENT 0.043 ACRE OF LAND LOCATED IN THE FRANCIS THROOP SURVEY ABSTRACT No. 1511 SOUTHLAKE, TARRANT COUNTY, TEXAS OF T ��;iwES �i� e RfTTAIN 167 'j 4 ; e, , 4 ,• u o sus JULY 14, 2010