Item 4FCITY OF
SO THLAKE
MEMORANDUM
(August 7, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Resolution No. 12 -040, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a permanent
sanitary sewer easement for construction and maintenance of
a 12 -inch sanitary sewer located in the Larkin H. Chivers
Survey, Abstract 300 at 555 E. State Highway 114
Action
Requested: Resolution No. 12 -040, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a permanent
sanitary sewer easement for construction and maintenance of a 12-
inch sanitary sewer located in the Larkin H. Chivers Survey,
Abstract 300 at 555 E. State Highway 114.
Background
Information: The City is currently acquiring permanent sanitary sewer
easements and temporary construction easements for the
construction of a 12 -inch sanitary sewer line along the frontage of
E. State Highway 114. The property located at 555 E. State
Highway 114 is owned by William Michael Cook. The business is
Mike's Garden Center which sells landscaping products.
City staff received an appraisal for the property at 555 E. State
Highway 114 dated March 5, 2012 for $77,918. The appraised
value of $77,918 included the permanent sanitary sewer easement
and a temporary construction easement.
An offer letter was sent to the property owner on April 13, 2012.
The offer to the property owner was made based upon the
appraisal for a permanent sanitary sewer easement and a 50 -foot
wide temporary construction easement. The permanent sanitary
sewer easement is necessary to connect the Forest Park Medical
Center Addition to the municipal sanitary sewer system. The
appraisal also includes compensation to the property owner for the
encumbrance placed upon the parking lot during the time of
construction.
The appraised value of the permanent sanitary sewer easement
and the temporary construction easement is $77,918.00.
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 -040 to
continue the process in a timely manner. Staff will continue to meet
with the property owner 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 permanent sanitary sewer easement purchase is
available in the Capital Improvements Program Utility Fund.
Strategic Link: The Permanent Sanitary Sewer project links to the city's strategy
map relative to the focus areas of Infrastructure. The specific
corporate objective that is met by the construction of the project
include: Providing financial stewardship by investing to provide &
maintain high quality public assets.
Citizen Input/
Board Review: N/A
Legal Review: The standard easement documents have been reviewed by the City
Attorney's office.
Alternatives: The City Council may approve or deny Resolution 12 -040.
Supporting
Documents: Location Map
Resolution 12 -040
Permanent Sanitary Sewer Easement and Exhibits
Staff
Recommendation: Resolution No. 12 -040, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a permanent
sanitary sewer easement for construction and maintenance of a 12-
inch sanitary sewer line located in the Larkin H. Chivers Survey,
Abstract 300 at 555 E. State Highway 114
Staff
Contact:
Robert H. Price, P.E.,
Gordon J. Mayer, Jr.,
Alejandra Ayala, P.E.,
Public Works Director
P.E., City Engineer
Civil Engineer
RESOLUTION NO. 12 -040
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION
ACTION FOR THE PURPOSE OF OBTAINING A PERMANENT
SANITARY SEWER EASEMENT FOR CONSTRUCTION AND
MAINTENANCE OF A 12 -INCH SANITARY SEWER LINE OR FOR
OTHER PUBLIC PURPOSES PERMITTED BY LAW
WHEREAS, the City of Southlake is in the process of constructing a public sanitary sewer
line along the eastbound frontage road of State Highway 114 (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 permanent sanitary sewer easement from property owner who owns land across which
the Project will be located; and
WHEREAS, the City and the owner of the property, William Michael Cook, (the "Cook
Property"), have been unable to reach an agreement on the acquisition of the needed permanent
sanitary sewer easement; and
WHEREAS, the City Council now deems it necessary to authorize the City Attorney to
initiate condemnation proceedings in order to acquire the necessary permanent sanitary sewer
easement.
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 0.150 acre permanent sanitary sewer
easement and a 0.520 acre temporary construction easement on the Cook Property, 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 owner,
and any and all other parties having an interest in the property, for the purpose of acquiring the
above referenced permanent sanitary sewer easement 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 permanent sanitary sewer easement;
(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 permanent sanitary sewer
easement, 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 permanent
sanitary sewer easement is needed so that the City of Southlake can construct a sanitary sewer line,
which is of 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 5 2012.
ATTEST:
Alicia Richardson, City Secretary
Mayor, City of Southlake
Page 2
FIELD NOTE DESCRIPTION
BEING a 0.150 acre tract of land located in the Larkin H. Chivers Survey, Abstract No. 300, Tarrant County,
Texas, and being situated in LOT 1, BLOCK 1 of BRIGHTBILL ADDITION according to the plat recorded in
Volume 388 -162, Page 73 of the Plat Records of Tarrant County, Texas (PRTCT), and being more particularly
described as follows:
BEGINNING at a point for corner located in the west line of said Lot 1 and being located South 00'50'11
West a distance of 22.93 from a 1 /2 inch iron rod found for it's northwest corner and also being the
southwesterly right -of -way line of State Highway No. 114 (a variable width right -of -way);
THENCE departing said west line of said Lot 1, SOUTH 70 °19'30" EAST a distance of 3.31 feet to the
beginning of a curve to the right having a radius of 7,510.29 feet and a chord bearing of South 57 °37'03"
East;
THENCE along said curve to the right through a central angle of 02 °27'38" for an arc length of 322.52 feet to
a point for corner;
THENCE SOUTH 57 °49'01" EAST a distance of 109.69 feet to a point for corner located in the east line of said
Lot 1
THENCE with said east line, SOUTH 00 °45'45" WEST a distance of 17.58 feet to a point for corner;
THENCE departing said east line, NORTH 57 °49'01" WEST a distance of 119.04 feet to the beginning of a
curve to the left having a radius 7,495.29 and a chord bearing of North 57 °35'50" West;
THENCE along said curve to the left through a central angle of 02 °25'21" for an arc length of 316.92 feet to a
point for corner located in the west line of said Lot 1;
THENCE along said west line, NORTH 00'5011 " EAST a distance of 16.62 feet to the POINT OF
BEGINNING;
CONTAINING 0.150 acre or 6,537 square feet of land more or less.
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301 N. Alamo Road
Rockwall, Texas 75087
15' SANI TARP BEDFORD GROUP, INC.
SEWER REGISTERED PROFESSIONAL LAND SURVEYORS
EASEMENT N. 4LAMO ROAD * ROCKWALL, TEXAS 75037
(972) 722 -0225, FAX (972) 722 -0361
SCALE: I" = 100' DATE: 06 -19 -2012
SHEET
TECHNICIAN: L. SPRADLING
DRAWN BY: L. SPRADLING
OF 2
FILE: OFFSITE SEWER ESMT.
PROJECT No. 344 -042
15' SANI TARP BEDFORD GROUP, INC.
SEWER REGISTERED PROFESSIONAL LAND SURVEYORS
EASEMENT N. 4LAMO ROAD * ROCKWALL, TEXAS 75037
(972) 722 -0225, FAX (972) 722 -0361
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j 7' RIGHT -DF -WAY DEDICATION
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(PRTCT JAMES MILNER AND SPOUSE,
° MARY J. MILNER
° INSTRUMENT NO. 0202374749
(DRTCT)
SCALE: l" = 100' DATE: 06 -19 -2012
SHEET
2 TECHNICIAN: L. SPRADLING
DRAWN BY: L. SPRADLING
OF 2 FILE: OFFSITE SEWER ESMT.
PROJECT No. 344 -042
KENNETH SMITH
VOLUME 9840, PAGE /820
(DRTCT)
I5' SAKI TARP BEDFORD GROUP, INC.
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RED PROFSIONAL LAND SURVEYORS
EASEMENT 30/ N. ALAMD ROAD * ROCKWALL, TEXAS 75087
(972) 722 -0225 , FAX (972) 722 -0361
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s 00 °50'00" IN - IB.e' (o vorioble width right -of -way)
— _ - --
----- - - - - --
----- ---- - - - - --
j 7' RIGHT -DF -WAY DEDICATION
y CABINET A, SLIDE 4810
(PRTCT JAMES MILNER AND SPOUSE,
° MARY J. MILNER
° INSTRUMENT NO. 0202374749
(DRTCT)
SCALE: l" = 100' DATE: 06 -19 -2012
SHEET
2 TECHNICIAN: L. SPRADLING
DRAWN BY: L. SPRADLING
OF 2 FILE: OFFSITE SEWER ESMT.
PROJECT No. 344 -042
KENNETH SMITH
VOLUME 9840, PAGE /820
(DRTCT)
I5' SAKI TARP BEDFORD GROUP, INC.
. 7 � SEWER
K (s � v
ISTE ES
RED PROFSIONAL LAND SURVEYORS
EASEMENT 30/ N. ALAMD ROAD * ROCKWALL, TEXAS 75087
(972) 722 -0225 , FAX (972) 722 -0361
KENNETH SMITH
VOLUME 9840, PAGE /820
(DRTCT)
I5' SAKI TARP BEDFORD GROUP, INC.
. 7 � SEWER
K (s � v
ISTE ES
RED PROFSIONAL LAND SURVEYORS
EASEMENT 30/ N. ALAMD ROAD * ROCKWALL, TEXAS 75087
(972) 722 -0225 , FAX (972) 722 -0361