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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