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Item 4CItem 4C CITY OF SOUTH LAKE MEMORANDUM (June 3, 2014) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Resolution No. 14-026, authorizing the city attorney to bring condemnation action for the purpose of obtaining a right of way to construct and maintain water lines, sidewalks, and roadway appurtenances on land located in the Thomas M. Hood Survey, Abstract No. 706 at 1000 North White Chapel Boulevard Action Requested: Resolution No. 14-026, authorizing the city attorney to bring condemnation action for the purpose of obtaining a right of way to construct and maintain water lines, sidewalks, and roadway appurtenances on land located in the Thomas M. Hood Survey, Abstract No. 706 at 1000 North White Chapel Boulevard Background Information: The North White Chapel Boulevard Widening project consists of widening the existing 2-lane asphalt roadway to a 4-lane concrete roadway divided with medians. The City has been acquiring right of way for this project since August 2012. This property is located at 1000 North White Chapel Boulevard and is owned by Barbara Ann Paty. City staff received an appraisal for the property at 1000 North White Chapel Boulevard dated March 25, 2013 for $54,000. The appraised value of $54,000 included the right of way and cost to repair irrigation. An offer letter was sent to the property owner on June 21, 2013. The offer to the property owner was made for the right of way based upon the appraisal. The right of way is 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. ADDraised Value of the Progert Right of way zoned AG $26,675 (5,335 sf @ $5.00/sf) Right of way zoned C-1 (4,296 sf @ $6.00/sf) 25,776 (4,296 sf @ $6.00/sf) Repair irrigation 1,500 Net Value (rounded) $54,000 Staff has met with the property owner on several occasions. Shortly after the initial offer was made the property owner suffered a medical condition that rendered her incapacitated. The Power of Attorney for the property owner has requested condemnation. This should be a friendly condemnation. A second initial offer was sent to the Power of Attorney on April 17, 2014 that contained additional language requested by the City Attorney. A final offer will be made after 30 days of the receipt of this offer. Condemnation proceedings may begin 14 days after the receipt of the final offer. City staff requests the Council's approval of Resolution 14-026 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. Financial Considerations: Funding for the right of way purchase is available in the previously approved capital improvement program budget for the North White Chapel Boulevard Improvements from Emerald Boulevard to 500-ft South of Highland Street.. Strategic Link: The construction of the North White Chapel Boulevard Improvements 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 the construction of this project include: C2 - Provide travel convenience within the City and the region and F2 - Invest 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 14-026. Supporting Documents: Location Map Resolution 14-026 Right of way exhibits Staff Recommendation: Approve Resolution No. 14-026, authorizing the city attorney to bring condemnation action for the purpose of obtaining a right of way to construct and maintain water lines, sidewalks, and roadway appurtenances on land located in the Thomas M. Hood Survey, Abstract No. 706 at 1000 North White Chapel Boulevard Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., CFM, Deputy Director Public Works Steven D. Anderson, P.E., CFM, Civil Engineer RESOLUTION NO. 14-026 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 OR FOR OTHER PUBLIC USES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing public roadway improvements along North White Chapel Boulevard (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, Barbara Ann Paty, (the "Paty Properties"), 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 0.2081 acre right of way 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, 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 roadway improvements, which is a public use 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: Alicia Richardson, City Secretary 2014. Mayor, City of Southlake Page 2 EXHIBIT "A" County; Tarrant Page 1 of 3 Street: North White Chapel Boulevard Date: May 10, 2013 HZ Job No. 01-3991-01 Description for Parcel 17 BEING, 9,063 square feet of land, more or less, in the Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed by deed to Barbara Ann Hartz (currently Barbara Ann Paty), as recorded in Volume 7632, Page 2174 of the Deed Records of Tarrant County, Texas (D,R.T.C.T), said 9,063 square feet of land being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the northeast corner of Lot 1, Block 2 of the Carroll ISD No. 2 Addition, an addition to the City of Southlake as recorded in Cabinet A, Slide 4516 of the Plat Records, Tarrant County, Texas (P.R.T.C.T.); THENCE, along an extension of the northerly line of said Lot 1, North 89 degrees 13 minutes 49 seconds East a distance of 1.64 feet to a point for corner; THENCE North 00 degrees 07 minutes 20 seconds West a distance of 47.10 feet to a point at the beginning of a curve to the left having a delta angle of 01 degrees 08 minutes 15 seconds, a radius of 4,952.00 feet, being subtended by a chord which bears North 00 degrees 41 minutes 28 seconds West, a distance of 98.32 feet; THENCE along said curve to the left an arc length of 98.32 feet to a 5/8 inch iron rod set with plastic cap stamped "Huitt-Zollars" at the end of said curve and being on the new westerly right-of-way line of North White Chapel Boulevard and being the POINT OF BEGINNING having NAD 83 (HARN 1993) Texas State Plane, North Central Zone (4202) surface coordinates of North 7033763.82, and East 2382576,72; 1) THENCE continuing along the new westerly right-of-way line of North White Chapel Boulevard, North 01 degrees 55 minutes 21 seconds West a distance of 293.02 feet to 1/2 inch iron rod found with plastic cap stamped "TX REG NO 100189-00" at the southwest corner of a 0.621 acre tract of land as described in instrument to the City of Southlake, as recorded in D213086274, Official Public Records, Tarrant County, Texas; 2) THENCE along the southerly line of said City of Southlake tract, North 85 degrees 56 minutes 26 seconds East a distance of 33.42 feet to a 1/2 inch iron rod found on the existing westerly right-of-way line of North White Chapel Boulevard; 3) THENCE along the existing westerly right-of-way line of North White Chapel Boulevard, South 00 degrees 56 minutes I 1 seconds East a distance of 294.46 feet to a point for corner at the southeasterly corner of said Hartz tract; EXHIBIT "A" County: Tarrant Page 2 of 3 Street: North White Chapel Boulevard Date: May 10, 2013 HZ Job No. 01-3991-01 Description for Parcel 17 4) THENCE along the southerly line of said Hartz tract, South 88 degrees 22 minutes 16 seconds West a distance of 28.33 feet to the POINT OF BEGINNING and containing 9,063 square feet of land, more or less. BASIS OF BEARING: Survey control for White Chapel Boulevard is based on City of Southlake control monuments #22, #26 & #30. Project coordinate values are State Plane NAD 1983(HARN 1993), North Central Texas Zone 4202, adjusted to surface using a factor of 1.000155478. To convert project coordinates back to grid (true state plane) multiply by 0.999844546. For: Huitt-Zollars, Inc. �- ),\-I ro(fi3 Eric J. Yahou y Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars, Inc. 1717 McKinney Avenue Suite 1400 Dallas, Texas 75202-1236 Ph. 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