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Item 4ICITY OF SOUTHLAKE MEMORANDUM (January 17, 2012) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Resolution No. 12 -005, Authorize the city attorney to bring condemnation action for the purpose of obtaining right of way for construction and maintenance of T. W. King Water Transmission Line located in the B. J. Foster Survey, Abstract 519 at 925 Randol Mill Avenue Action Requested: Resolution No. 12 -005, Authorize the city attorney to bring condemnation action for the purpose of obtaining right of way for construction and maintenance of T. W. King Water Transmission Line located in the B. J. Foster Survey, Abstract 519 at 925 Randol Mill Avenue. Background Information: Tarrant County is acquiring the right of way for the expansion of FM 1938 Phase 2 and for the installation of the city's 30" water transmission main. The County staff was unable to successfully negotiate the purchase of the right of way. Tarrant County will pursue the condemnation of the TxDOT right of way. The City is responsible for the condemnation of the city's right of way for the water transmission main and future trail system. Tarrant County has provided City staff with the appraisal for the property at 925 Randol Mill Avenue dated May 4, 2011 for $25,100. The appraised value of $25,100 is for the 16' strip (0.155 acre) of right of way for the water transmission main and the future trail system. Tarrant County began their acquisition process in February of 2011 by sending out an introductory letter to the property owners along the corridor notifying them of the intent to acquire right of way and providing information on their process, as well as giving them a copy of the Landowner's Bill of Rights. The official offer letter was sent to the property owner on July 15, 2011. The property owner rejected the offer in August, 2011. A final offer letter was sent in December, 2011. ADDraised Value of the Progert Right of way (6,734 sf @ $3.65/sf) $24,600.00 Improvements (concrete driveway)* 500.00 Net Value $25,100.00 *value of improvement, less depreciation There are no costs to cure the property. The driveway and mailbox will be replaced or relocated, as needed as part of the construction of FM1938 Phase 2 and will be included in the construction contract. Tarrant County's condemnation hearing for the TxDOT right of way was on January 9, 2011. City staff requests the Council's approval of Resolution 12 -005 to begin condemnation proceedings. The City Attorney will work with staff and is prepared to proceed with condemnation proceedings. Financial Considerations: Funding for the right of way purchase is available in the project budget for the 30" T.W. King Water Line. Strategic Link: The FM1938 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 right of way documents and Tarrant County's acquisition records have been reviewed by the City Attorney's office. Alternatives: The City Council may approve or deny Resolution 12 -005. Supporting Documents: Location Map Resolution 12 -005 Staff Recommendation: Resolution No. 12 -005, Authorize the city attorney to bring condemnation action for the purpose of obtaining right of way for construction and maintenance of T. W. King Water Transmission Line located in the B. J. Foster Survey, Abstract 519 at 925 Randol Mill 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 RESOLUTION NO. 12 -005 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 FOR CONSTRUCTION AND MAINTENANCE OF ROADWAY IMPROVEMENTS, PUBLIC WATER LINE OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing a 30" water transmission main along Randol Mill 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 from property owners who own land across which the Project will be located; and WHEREAS, the City and the owner of the property, Parvez and Seema Malik, (the "Malik Property "), have been unable to reach an agreement on the acquisition of the needed right of way; 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. 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 0.155 acre right of way, 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 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 infonnation 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, 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 is needed so that the City of Southlake can construct waterlines and 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 ATTEST: 2012. Mayor, City of Southlake Alicia Richardson, City Secretary Page 2 i t PALOMAR ESTATES f � l� c HOMEOWNER ASSOCATON B. V o F S URVEY BLOCK 1, LOT 5C f PALO CAB. A. E 1 339 ION A RS T RAC T NO. 519 r N 9 18.07' P. R. T. C. T. LJ ! 1 y cr,9r N 0 W S 89 09' 37' W 268.92 � g� � ,� $l I P.O.B. � PARCEL 235 "' DELTA• 6' 14' 44' (RT) k f I I PROD OSy� OW + I 14 + CB- N 3' 01' 33'E LC- 217.91 CURVE PRW37 CURVE PRW38 q DELTA­ Fly 55' (LT) DELTA - 2' 13' 59' lRT) R- 1,920.00 R - 1.936.00 L= 208.83 L- 75.45 (a PARVEZ MALIK AND SEEMA MALIK x LC- 208.73 VOL. 12526, PG. 410 Q I 'D.R.T,C.T. I Q I LOT t 1 q I MALIK ESTATES ADDITION CAB. A. .SLIDE 5711 - .. °- ` i I N CURVE PRW38 P.R.T.C.T. I EIJ 1 I 235 co 0 1 + z CURVE PRW37 PARVEZ MALIK,AND SEEMA MA I TAKING` 0.155 ACRES x RAMAINDER 2.35 ACRES w �I I 41 I - I I q g S 89 09'391'W 286.93' j-L r 00 d� T SHAMAILA S. MALIK I AND SHAHANA M. MAL1K ° INST.' D207076915 b N D. R. T. C. T. V_l a CALLED 1.000 ACRES I r� J N (�� b' N 895623'W 13.20' UFFORn CWRT z l N 89'56' TO ROAD EASEMENT VOL, aL, L. l0674. M. 104 I 9.80' D•R.T.C.r. Legal description to accompany NYs survey sketch. NOTE: Bosls of bearing Is I Texas State Plane Coordinate System. North Central Zone (4202). North American Datum 1983 (HAD 831.. with all distances and coordinates adjusted to surface by project surface factor of I. 00012825. LEGEND O - 5/8 Inch Iron rod with plastic cap stomped 'Transystems' set PK Nall set or X-Cut set • Marker found os noted' O. P. R. T. C. T. - Official Public Records, Tarrant County, Texas D. R. T. C. T. Deed Records. Tarrant County, Texas P. R. T. C, T. • Plot Records, Tarrant County. Texas P.O. C. - Point Of Commencing P.O.8. - Point Of Beginning R • Properly Line $ Survey Line - Fee Hoak • Centerline of wv �a�s C. S. J. ROW C. S, J. Scale - Feet 0 100 200 300 PARVEZ MAL AND SEEMA MALIK 0.155 ACRE DIST. COUNTY HIGHWAY NO. FTW TARRAVT F. M. 1938 CONT. I SECT. JOB 1978 I 01 I 052 NAM A FWST I> 4a IE]�J ++tr /'• PAGE STATE Page 3 of 3 TEXAS W. b) CURVE CL07 "' DELTA• 6' 14' 44' (RT) N' R- 2.000.00 b L- 218.01 CB- N 3' 01' 33'E LC- 217.91 CURVE PRW37 CURVE PRW38 q DELTA­ Fly 55' (LT) DELTA - 2' 13' 59' lRT) R- 1,920.00 R - 1.936.00 L= 208.83 L- 75.45 C8= S 3' Or 09' W CB- N 5'0t' 56" E LC- 208.73 LC- 75.45 C. S. J. ROW C. S, J. Scale - Feet 0 100 200 300 PARVEZ MAL AND SEEMA MALIK 0.155 ACRE DIST. COUNTY HIGHWAY NO. FTW TARRAVT F. M. 1938 CONT. I SECT. JOB 1978 I 01 I 052 NAM A FWST I> 4a IE]�J ++tr /'• PAGE STATE Page 3 of 3 TEXAS