Item 4ECITY OF
SOUTHLAKE
MEMORANDUM
(August 7, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Resolution No. 12 -039, 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 -039, 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 construction of the city's 30" water
transmission main. The County staff was unable to successfully
negotiate with the property owner for the purchase of right of way.
Tarrant County has completed condemnation proceedings for the
TxDOT right of way required for the project. The City is responsible
for the condemnation of the city's right of way for the water
transmission main and future trail system.
Council approved Resolution No. 12 -005 on January 17, 2012
authorizing 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 for this same property
located at 925 Randol Mill Avenue. At that time, Tarrant County
had 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.
Since the adoption of the resolution, and prior to a condemnation
hearing, it was determined that Gifford Court, a private access
easement, had been abandoned previously and deeded back to
the previous property owner to the north. The pavement for the
existing private drive, currently signed as Dream Maker Lane, is
actually located on private property within the property to the south.
Tarrant County has provided city staff with the revised appraisal for
the property at 925 Randol Mill Avenue dated May 8, 2012 for
$30,500. The appraised value of $30,500 is for the 16' strip along
the entire length of the property (0.196 acre) for 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 providing them a
copy of the Landowner's Bill of Rights. The original 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.
With the revised appraisal, Tarrant County began the acquisition
process again by sending out a new, initial offer letter to the
property owner on June 14, 2012. The final offer letter was sent on
July 18, 2012. To date, the property owner has not conveyed
acceptance of the offer.
Appraised Value of the Property
Right of way (8,543 sf @ $3.55/sf) $30,350.00
Improvements (concrete driveway)* 150.00
Net Value $30,500.00
*value of improvement, less depreciation
There are no damages to the remainder or costs to cure the
property. The driveway and mailbox will be replaced or relocated,
as needed as part of the construction of FM 1938 Phase 2 and will
be included in the construction contract.
Tarrant County's condemnation hearing for the initial TxDOT right
of way was conducted on January 9, 2011. The remainder parcel
to be acquired will be ready to send to the District Attorney for
condemnation proceedings on August 6, 2012, based on the date
of the final offer letter. The City Attorney will schedule a
condemnation hearing for city's right of way at the completion of
Tarrant County's condemnation process.
City staff requests the Council's approval of Resolution 12 -039 to
begin condemnation proceedings on the revised parcel. 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 -039.
Supporting
Documents: Location Map
Resolution 12 -039
Staff
Recommendation: Resolution No. 12 -039, 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
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RESOLUTION NO. 12 -039
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 0.196 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
Parcel 235
F.M. 1938
C SJ: 1978 -01 -052
April 23, 2011
Exhibit A, Page 1 of 4
Being a 0.196 acre (8,543 square foot) tract of land situated in the B.J. Foster Survey, Abstract
Number 519, Tarrant County, Texas, and being a portion of that certain tract of land to Parvez
and Scema Malik, being a portion of Lot 1, Malik Estates Addition, as recorded in Cabinet A,
Slide 5711, Plat Records, Tarrant County, Texas (P.R.T.C.T.), being a portion out of the
remainder of that certain tract of land, as recorded in Volume 12526, Page 410, Deed Records,
Tarrant County, Texas (D.R.T.C.T.), part of an Easement for Ingress, Egress and Utilities
recorded in Volume 8947, Page 1351, D.R.T.C.T. and Terms conditions, stipulations of, and
Easements granted by agreement between adjoining landowners for use of Private Road, recorded
in Volurne 10634, Page 104. D.R.T.C.T., as affected by Instrument(s) recorded in Volume 12531,
Page 1164, in Volume 14338, Page 184, and under Clerks File No. D206394840, D.R.T.C.T. and
being more particularly described by metes and bounds as follows;
BEGINNING at a set 518 inch iron rod with Transystems cap on the Proposed Easterly Southlake
Right -of -Way line, a 16 foot wide Right -of -Way, said point also being on the North line of said
Malik Estates Addition, also being the South line of a Lot 5C, Block 1, Palomar Addition, as
recorded in Cabinet A, Slide 12339, P.R.T.C.T., being South 89 °09'37"West, a distance of
268.93 feet from a found 112 inch capped iron rod for the Northeast corner of said Lot 1, Malik
Estates Addition and the South line of said Palomar Addition;
(1) THENCE South 6'08'56"West, with the Proposed Easterly Southlake Right -of -Way line, a
distance of 158.21 feet to a set 5/8 inch iron rod with Transystems cap on the Easterly line of a 23
foot Right -of -Way Reservation as shown by said Malik Estates Addition Plat, point also being the
beginning of a curve to the left, whose center point bears South 83'51'54 "East, a distance of
1,920.00 feet;
(2) THENCE with said curve and with the Proposed Easterly Southlake Right -of -Way line, in a
Southerly direction, continuing through a central angle of 6 °13'55", an are distance of 208.83 feet
to a set 5f8 inch iron rod with Transystems cap (at 193.21 feet passing the South line of said Lot
1, Malik Estates Addition and the North line of the said Remainder of Malik tract);
(3) THENCE South 0 °05'49 "East, with the Proposed Easterly Southlake Right- of-Way line, at a
distance of 130.58 feet passing the North line of said Easements, continuing a total distance of
190.58 feet to a set 518 inch iron rod with Transystems cap on the South line of said Remainder of
Malik tract, the South line of said Easements, also being along the North line of a tract of land to
Valerie Joyce Clark, as recorded in Volume 7794, Page 102, D.R.T.C.T.;
(4) THENCE North 89 °56'23 "West, with the South line of said Remainder of Malik tract, the South
line of said Easements and the North line of said Clark tract, a distance of 16.00 feet to a set 518
inch iron rod with Transystems cap on the Proposed Easterly Right -of -Way line of F.M. 1938;
(5) THENCE North 0 °05'49 "West, with the Proposed Easterly Right -of -Way line of F.M. 1938, at a
distance of 60.00 feet passing the North line of said Easements, continuing a total distance of
205.96 feet to a set 5I8 inch iron rod with Transystems cap along the North line of said
Remainder of Malik tract and the Existing Easterly Right -of -Way line of F.M. 1938;
Parcel 235
F.M. 1938
CSJ: 1978 -01 -052
April 23, 2011
Exhibit A, Page 2 of 4
(6) THENCE North 89 °09'39 "East, along the North line of said Remainder of Malik tract and the
Existing Easterly Right -of -Way line of F.M. 1938, a distance of 5.41 feet to the Southwest corder
of said 23 foot Right -of -Way Reservation., point also being an ell comer of the Existing Easterly
Right-of-Way line of F.M. 1938;
(7) THENCE North 0 °24'40 "West, along the Existing Easterly Right -of -Way line of F.M. 1938, a
distance of 1I9.99 feet to a set 518 inch iron rod with Transystems cap, point also being the
beginning of a curve to the right, whose center point bears South 86 °05'03 "East, a distance of
1,936.00 feet;
(8) THENCE with said curve and with the Existing Easterly Right -of -Way of F.M. 1938, in an
Northerly direction, through a central angle of 2° 1359 ", an arc distance of 75.45 feet to a set 518
inch iron rod with Transystems cap;
(9) THENCE North 6 ° 08'56 "East, with the Existing Easterly Right of Way of F.M. 1938, a distance
of 138.68 feet to a set 518 inch iron rod with Transystems cap;
(10) THENCE North 0 ° 24'40 "West, with the Existing Easterly Right of Way of F.M. 1938, a distance
of 16.98 feet to a set 518 inch iron rod with Transystems cap point on the Northeast corner of said
23 foot Right -of -Way Reservation, the Northwest conger of said Lot 1, Malik Estates Addition,
and along the South line of said Lot 5C, Block 1, Palomar Addition;
(11) THENCE North 89 0 09'37 "East,with the North line of said Lot 1, Malik Estates Addition and the
South line of said Lot 5C, Block 1, Palomar Addition, a distance of 18.07 feet to the POINT OF
BEGINNING, containing 0.196 acre (8,543 square feet) of land, more or less.
NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North
American Datum 1983 (NAD 83)., with all distances and coordinates adjusted to surface by
project surface factor of 1.00012825.
NOTE: Plat to accompany this legal description.
Parcel 235
F.M. 1938
CSJ: 1978 -01 -052
April 24, 2011
Exhibit A, Page 3 of 4
That I, Timothy A. Frost, a Registered Professional Land Surveyor in Texas, hereby states that this survey
was made from an actual on the ground survey made in July, 2010 under nay supervision, that all
monuments exist as shown hereon and this survey substantially conforms with the current professional
and technical standards as set forth by the Texas Board of Professional Land Swing.
Timothy A. FKst
Registered Professional Land Surveyor
Texas Registration Number 5316
OF
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OV r7;
Commitment for Title issued by Alliant National Title Ins Company, with an effective date of March 21, 2012,
issued date of April 5, 2012 GF #12 -00634 affecting subject property.
SCHEDULE B -
C. Interest in all oil, gas, and other minerals as reserved in deed recorded in Vol. 717, Pg. 613, D.R.T.C.T.
(Surveyor has no opinion)
D. Easement for ingress, egress and utilities recorded in Vol. 8947, PG. 1351, D.R.T.C.T. (Affects)
E. Terms, conditions, stipulations of, and easements granted by Agreement Between Adjoining Landowners For
Use of Private Road, recorded in Vol. 10634, Pg. 104, D.R.T.C.T. as affected by instrument (s) recorded in Vol.
1253 1, Pg. 1164, in Vol. 14338, Pg. 184, and under Clerks File No. D206394840, D.R.T.C.T. (Affects)
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ii EASEMENTS FOR INGRESS. EGRESS & aTNJTIES (SEE h OTE a
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D.R. r.r. T.
Legal description to OXOmpony this survey sketch. c„
Scale Feet
NOTE: Basis of Dearing 15 the Texas State Plane Coordinate System, North Central Zone (4202),
North AmerICGn Datum 1983 (NAD 83)., with altdlstanees and ceardlnores adjusted 10 surface 0 100 200 300
ty project surface factor of 1,00012825.
LEGEND
Q • 5/8 Inch Iron rod with plastic Gap stamped "TranSySrem' Set
PK Nail set or X-Cut set
• Marker found "os noted'
O. P. R. T. C. T. • Offlctal Public Records, Torront County, Texas
D.R. T. C. T. • Deed Records, Tarrant County, Texas
P. R. T. C. T. •Plat Records. Tarrant County, Texas
P-OX. ° Paint Of Commencing
P.O.B. Point Of Beginning
R • Property Line
Survey Line
• Fee Hook
CL • Centerline
traasae>a
rig— J
T Z. FIT
PAGE STATE
Page 4 of 4 T E X A S
C. S, J.
ROW C. S. J.
IF,& R C E L 23
P,4RVEZ MALIK
AND SEEMA MALIK
Oo 196 ACRE
GIST. COUNTY I HIGHWAY NO.
1-Tw I TARRANT F. M. 1938
CONT, I SECT. JOB
1978 1 31 052
PALOMAR ESTATES HOMEOWNER ASSOCIATON
BLOCA 1, LOT 5C, PALOMAP
ESTATES ADDITION
18.07
CAB. A, SLIDE 12339,
P, R. T. C. T,
P.Q.B.
1
PARCEL 235
I
i
B. J. FOSTER
PROPOSED ROW
SOUTHLAKE
I
SU RVE Y
s
3
PAPVEZ MALIK D SEEMA MALIK
j
ABSTRACT NO. 5/ 9
MALIK ESTATES ADDITION
CAB. A. SLIDE 57/1
1
P. R, T. C_ T.
°
AND
1
REMAINDER
'
VOL, 12526, PG. 410,
CURVE D.R. T. C.
PRW38
CURVE CL07
CURVE
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DELTA= 6 44" (PT)
PRW 37
N
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R= 2, 000.00
� 35
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L= 218.01
m
CB= N 3 33" E
LC• 217,91
PARVEZ MALIK AND SEEMA MALIK
=
~
TAKING 0.196 ACRES
CURVE PRW37 CURVE PRW38
T
RAMAINDER 2.76 ACRES
I
DELTA= 6' 13' 55" (LT) DELTA = 2' 13' 59" IRT 1
1
R• I, 920, 00 R= 1, 936.00
1
L. 208.63 L• 75.45
SGUTH LINE Lor r 5 89 39' W 266.93' Wr ----------
--- P = ' - - - �
CB 5 3' 01' 04 W CB_ N 5' O!' 56" E
REMAINDER rRACT 1
i
LC- 20$.73 LC= 75.45
VGL, 12526. PG. 410, D. R. r. C. T..
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SHAMAILA S. MALIK
L +RF
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AND SHAHANA M. MALIR
NOTE a:
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INST.> D207076915
¢�
D, R, T, C, T.
A EASEMENT FOR INGRESS, EGRESS AND UTILITIES RECORDED
CALLED 1.000 ACRES
IN VOL. 8947. PG. x351. D.R.T.C.T.
I.
B. TERMS. CONDITIONS. STIPULATIONS OF, AND EASEMENTS
GRANTED BY AGREEMENT BETWEEN ADJOINING LANOWNERS
FOR USE OF PRIVATE ROAD. RECORDED IN VOL. 10634,
PG. 104, D.R. T.C.T., AS AFFECTED BY INSTRUMENT(S)
Go �
--- ____ -- S_59 286_90Y - -- 2 •�.i
------ y,
RECORDED IN VOL. 12531. PG. x164, IN VOL. 0338, PG, 184.
AND
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AND UNDER CLERKS FILE . D206394840, D.R.T.C.T,
PARVEZ MALIK AND SEEMA MALIK
10
REMAINDER
OL 12526 PG 4l0 D R T C T
o iw
ii EASEMENTS FOR INGRESS. EGRESS & aTNJTIES (SEE h OTE a
l r z +af N 89' - 23 "W ---- ' ni
I
ro =P�,'r :pL'N rt, rf x.L. Jf [ +-r OF SOVTIL. !. MEW "CL CLr�r+K
1
ih5f G2CE±A'1r6F C' -rr_r C r iMS .• f.ZDHaxJBB', D. P. 7., T V 4.7rs4, PO.02
D.R. r.r. T.
Legal description to OXOmpony this survey sketch. c„
Scale Feet
NOTE: Basis of Dearing 15 the Texas State Plane Coordinate System, North Central Zone (4202),
North AmerICGn Datum 1983 (NAD 83)., with altdlstanees and ceardlnores adjusted 10 surface 0 100 200 300
ty project surface factor of 1,00012825.
LEGEND
Q • 5/8 Inch Iron rod with plastic Gap stamped "TranSySrem' Set
PK Nail set or X-Cut set
• Marker found "os noted'
O. P. R. T. C. T. • Offlctal Public Records, Torront County, Texas
D.R. T. C. T. • Deed Records, Tarrant County, Texas
P. R. T. C. T. •Plat Records. Tarrant County, Texas
P-OX. ° Paint Of Commencing
P.O.B. Point Of Beginning
R • Property Line
Survey Line
• Fee Hook
CL • Centerline
traasae>a
rig— J
T Z. FIT
PAGE STATE
Page 4 of 4 T E X A S
C. S, J.
ROW C. S. J.
IF,& R C E L 23
P,4RVEZ MALIK
AND SEEMA MALIK
Oo 196 ACRE
GIST. COUNTY I HIGHWAY NO.
1-Tw I TARRANT F. M. 1938
CONT, I SECT. JOB
1978 1 31 052