Item 4ECITY OF
SOUTH LAKE
MEMORANDUM
(June 16, 2015)
TO: Shana Yelverton, City Manager
FROM: Robert H. Price, P.E., Director of Public Works
SUBJECT: Resolution No. 15-035, authorizing the city attorney to bring
condemnation action for the purpose of obtaining a right of way
to construct and maintain sidewalks, and roadway appurtenances
on land located in the Thomas M. Hood Survey, Abstract No. 706
at 950 North White Chapel Boulevard
Action
Requested: Resolution No. 15-035, authorizing the city attorney to bring
condemnation action for the purpose of obtaining a right of way to
construct and maintain sidewalks, and roadway appurtenances on land
located in the Thomas M. Hood Survey, Abstract No. 706 at 950 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 divided
concrete roadway with landscaped medians. This property is located
at 950 North White Chapel Boulevard and is owned by Nina Louise
Dunn.
City staff received an appraisal for the property at 950 North White
Chapel Boulevard dated March 25, 2013 for $20,060. The appraised
value of $20,060 is the land valuation for the right of way required from
the property.
An initial offer letter was sent to the property owner on June 24, 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 include in the
widening project. The construction contract includes reconstruction of
the existing driveway.
The property owner accepted the City's offer of $20,100 plus an
additional $3,000 for trees that are intended to be saved but may be
affected by construction. With this project, the City is offering $1,000
per tree that is adjacent to the construction work area that is intended
to be protected but may not survive construction. This compensation
is intended to avoid a burden of proof situation between the City and
Property Owner post -construction should the tree become distressed,
i.e. disease, drought, or construction activities.
Accepted Offer — based on appraisal
Right of way zoned AG (4,012 sf @ $5.00/sf) $20,060
Trees (3 trees @ $1,000/tree) $3,000
Offer (rounded) $23,100
The property owner accepted the offer July 5, 2013. The contract of
sale was sent to the title company for closing. The title company has
not been able to make contact with the property owner for signatures.
City staff has made numerous attempts to contact the property owner.
City staff requests the Council's approval of Resolution 15-035 to take
possession of the property to continue the process in a timely manner.
Staff will continue to attempt to make contact with the property owner
and resolve this acquisition sans condemnation. 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 and Infrastructure. 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 15-035.
Supporting
Documents: Location Map
Resolution 15-035
Right of way exhibits
Acceptance Letter
Staff
Recommendation: Approve Resolution No. 15-035, authorizing the city attorney to bring
condemnation action for the purpose of obtaining a right of way to
construct and maintain sidewalks, and roadway appurtenances on land
located in the Thomas M. Hood Survey.
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
. r
RESOLUTION NO. 15-035
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, Nina Louise Dunn, (the "Dunn
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 0.0921 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:
Lori Payne, City Secretary
2015.
Mayor, City of Southlake
Page 2
EXHIBIT "A"
County: Tarrant Page 1 of 3
Street: North White Chapel Boulevard Date: August 21, 2012
HZ Job No. 01-3 991-01
Description for Parcel 16
BEING, 4,012 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 Nina Louise Dunn, as recorded in Volume 7347, Page 575 and Volume
7347, Page 572 of the Deed Records of Tarrant County, Texas (D.R.T.C.T), said 4,012
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 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 a corner 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
7033618.41, and East 2382578.01;
1) THENCE along the new westerly right-of-way Iine of North White Chapel Boulevard,
North 00 degrees 07 minutes 20 seconds West a distance of 47.10 feet to a 5/8 inch iron
rod set with plastic cap stamped "Huitt-Zollars" 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;
2) THENCE along the new westerly right-of-way line of North White Chapel Boulevard
and said curve to the left an are 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 northerly line of the
aforementioned Dunn tract (Vol. 7347, Pg. 572);
3) THENCE departing the new westerly right-of-way line of North White Chapel
Boulevard, North 88 degrees 22 minutes 16 seconds East a distance of 28.33 feet along
the northerly line of said Dunn tract, to a point for corner on the existing westerly right-of-
way line of North White Chapel Boulevard;
4) THENCE along the existing westerly right-of-way line of North White Chapel
Boulevard, South 00 degrees 06 minutes 30 seconds East a distance of 145.86 feet to a
point for corner on the southerly line of said Dunn tract;
5) THENCE along the northerly line of said Dunn tract, South 89 degrees 13 minutes 49
seconds West a distance of 27.31 feet to the POINT OF BEGININNG and containing
4,012 square feet of land, more or less.
EXHIBIT "A"
County: Tarrant
Street: North White Chapel Boulevard
HZ Job No. 01-3 991-01
Description for Parcel 16
Page 2 of 3
Date: August 21, 2012
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.
Eric J. oudy
Registered Professional Land Surveyor
Texas Registration No. 4862
Huitt-Zollars, Inc.
1717 McKinney Avenue
Suite 1400
Dallas, Texas 75202-123 6
Ph. (214) 871-3311
Date: August 21, 2012
j res
04�Beoa9a pm�r•n, av®a�u®m
ERIC JOHN YAHOUDY
'Oaa'6aaaaY•a.-caN ada ea0
. 4862 sp
THOMAS Imo HOOD
ABSTRACT STRAC T No.
CARROLL ISD NO. 2 ADDITION
CAB. A, SLIDE 4516
RR.T.C,T,
LOT 1, BLOCK 2
THE BOARD OF TRUSTEES OF THE CARROLL
INDEPENDENT SCHOOL DISTRICT
VOLA2395, PG.108710' UTILITY ESMT.
D.R.T.C.T.
(1501 W. SOUTHLAKE BLVD.)
P.O.C. 16
1 /2" IRF
EXHIBIT "A"
Page 3 of 3
WEY
NINA LOUISE DUNN
VOL.7347, PG. 575
D.R.T.C.T.
(950 N. WHITE CHAPEL BLVD.)
P.O.B. 1E
N: 7033618.41
E: 2382578.01
GRAPHIC SCALE
0' 25, 50,
SURVEY CONTROL FOR WHITE CHAPEL BLVD. IS BASED ON CITY OF
SOUTHLAKE CONTROL MONUMENTS #22. #26 & #30. PROJECT
COORDINATE VALUES ARE STATE PLANE NAD 1963(HARN 1993),
NORTH CENTRAL TEXAS ZONE 4202, ADJUSTED TO SURFACE USING A
FACTOR OF 1.000155473, TO CONVERT PROJECT COORUINATES BACK
TO GRID (TRUE STATE PLANE) MULTIPLY BY 0.999844546.
NOTES THIS MAP IS AN INTERNAL CITY OF SOUTHLAKE DOCUMENT,
ITS CONTENTS SHALL NOT BE USED FOR ANY OTHER PURPOSE.
BARBARA ANN HARTZ
VOL.7632, PG.2174
y � D.R.T.C.T.
o w a (CURRENTLY BARBARA ANN PATY)
w a _ (1000 N. WHITE CHAPEL BLVD.)
VI d [�
0 It m
zp z
z a L�01-08'15"
R=4,952.00'
L=98.32'
CB=N 00'41'28"W
CH=98.32'
N 89"13'49"E 00.07'20"W
47.10 N 88.22'1 VE
Row DEDICATION S 89'13'49"W 16 28.33'
CAB. A, SLIDE 4516
D.R.T.C.T. "° 27.31'
S. 00 06 30 E 14 86
N. WHITE CHAPEL BOULEVARD'
E E E
x x
- 10' UTILITY ESMT.
40' BUILDING LINE
LOT 8, BLOCK. 1
GARY Y. WANG
VOL.16921, PG.25
D.R.T.C.T.
(925 DOVE CREEK TR.)
LOT 9, BLOCK 1 CHAPEL DOWNS
DEBORAH R. SAWYER &
BRENT E. SAWYER CAB. A, SLIDE 386
INST, No. D206351367 P. R. T. C. T.
D.R.T.C.T.
(924 DOVE CREEK TR.)
LEGfflQ
EXISTING ROADWAY RIGHT
OF WAY BOUNDARY LINE
RIGHT OF WAY LINE
PROPERTY LINE
SURVEY UNE -- -----�
EXISTING EASEMENT UNE------_-____------
P.D.C. - POINT OF COMMENCING
P.O.B. - POINT OF BEGINNING
D.R.T.C.T. - DEED RECORDS TARRANT COUNTY TEXAS
P.R.T.C.T. - PLAT RECORDS TARRANT COUNTY TEXAS
IRF - IRON ROD FOUND
O- 5/5' IRON ROD SET WITH YELLOW PLASTIC CAP STAMPED
'HUITT-ZOLLARS', UNLESS OTHERWISE NOTED
E E o —
�aw
oa
$0' UTILITY ESMT.
-�7
IN
jj � j� jl � n j� �j jl jj
7.5' UTILITY ESMT. MUM H A L Ij S
ILlntll Il/� \Vl
�n f� r
�J
7.5' UTILITY ESMT. L1F�'L51/�RVY��1 o W
a� RAC7 No
o 7
/ 10' UTILITY ESMT.
7 5' UTILITY
LOT 7, BLOCK 1
STANLEY C. KOTHMANN
/
& MARGARET E, KOTHMANN
/
VOL.11958, PGA 722
D.R.T.C.T.
(923 DOVE CREEK TR.)
A PLAT OF A SURVEY OF PARCEL 16
FOR N. WHITE CHAPEL BOULEVARD
A 4,012 SQ. FT. TRACT OF LAND
IN THE THOMAS M. HOOD SURVEY
ABSTRACT NO. 706
CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
AUGUST 21, 2012
HZ: 01-3991-01
Public Works Administration
June 24, 2013
Certified Mail, Return Receipt Requested # 7012 1640 0000 6722 4329
Nina Louise Dunn
950 N. White Chapel
Southlake, TX 76092
Subject: 950 N. White Chapel Blvd, Southlake, Texas 76092 — Parcel 16
Permanent Right Of Way
Dear Ms. Dunn:
In accordance with the Texas Landowner's Bill of Rights, prescribed by the Texas Legislature in
Texas Government Code Section 402.031 and Chapter 21 of the Texas Property Code, the City
of Southlake commissioned Goodrich, Schechter & Associates of Fort Worth, Texas to appraise
the market value of a 4,012 square feet (0.0921 acre) tract of land that the City proposes to
acquire as a permanent Right Of Way. A copy of the appraisal is enclosed.
The City of Southlake is proposing to widen North White Chapel Boulevard from Emerald
Boulevard to Highland Street to improve traffic flow as part of the City's Capital Improvement
Program. In order to accomplish this, it is necessary to construct a portion of the proposed
improvements adjacent to your property at 950 N. White Chapel Boulevard. The City of
Southlake is requesting a permanent Right Of Way at this location to allow for the construction
of roadway improvements and City access for future construction or maintenance and repair.
The City of Southlake is prepared to offer twenty thousand one hundred dollars ($20,100) as
compensation for the proposed Right Of Way acquisitions, which is fair market value of the
parcel as determined by said appraisal.
I have enclosed the right of way documents for your review, along with a copy of the Texas
Landowner's Bill of Rights, prescribed by the Texas Legislature in Texas Government Code
Section 402.031 and Chapter 21 of the Texas Property Code. If you are agreeable to the request,
please sign the offer letter and return it to the City of Southlake in the attached envelope and I
will initiate the closing process. We do request that counter offers be accompanied by a
supporting certified appraisal.
Time is of the essence for this vital transportation improvement project, therefore we are asking
for a response to our offer within 14 days. Time will be allotted in the Right -of -Way acquisition
process for you to obtain an appraisal to support a counter offer, however, please provide the
City an executed agreement with a certified appraiser for our files.
N. White Chapel Widening from Emerald Blvd. to Highland St. Page 2 of 2
The City of Southlake commissioned Mr. Jerry Hodge at Hodge & Associates to help facilitate
the right of way acquisition process. We hope you will give this offer serious consideration. If
you have any questions, or wish to discuss this matter or the City's offer in more detail, please do
not hesitate to contact Mr. Jerry Hodge of Hodge & Associates at (817) 991-3161 or
jerryh64@verizon.net.
Sincerely,
Steven D. Anderson, P.E., CFM
Civil Engineer
cc: File
Cheryl Taylor, P.E., CFM, City Engineer
Attachments: Landowner Bill of Rights
ROW Documents
Copy of Appraisal performed by Goodrich & Schechter & Associates, LLC
EXECUTED this S day of 2013
SELLER:
Nina Louise Dunn
By:
950 North White Chapel Boulevard
Southlake, Texas 76092