ST9902-AG100916 (2)T H E C t T Y O F
AGENDA REQUEST FORM COPPELL
1 ��`� DATE: September 14, 2010
X 9 e 1 8
ITEM #: 20
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve Res. # 2010 - 0914.3 authorizing the city
attorney to file eminent domain proceedings to acquire
0.052 +/- acres of real property for the expansion of public
roadway and /or right -of -way along Sandy Lake Road at
property located at 250 West Sandy Lake Road, Coppell,
Dallas County, Texas
M - Tunnell
S - Brancheau « Libby Ball
2010.09.16
102956
Vote - 7 - - 05'00'
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to authorize the Mayor Pro Tern to negotiate an
employment contract with the City Manager to include the
following considerations: employment agreement shall be in
effect for a five -year term beginning October 1, 2010; certain
severance considerations; certain retirement considerations;
and a vehicle allowance of $670.00 per month; and
authorizing the Mayor Pro Tern to sign
M - Faught
S - Franklin «' Libby Ball
2010.09.16
103026
Vote - 7 -0 1& - 05'00'
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve Res. # 2010 - 0914.4 authorizing the city
attorney to file eminent domain proceedings to acquire
0.075 +/- acres of real property for the expansion of public
roadway and /or right -of -way along Sandy Lake Road at
property located at 100 Oak Trail, Coppell, Dallas County,
Texas
M - Tumnell
S - Franklin
Libby Ball
2010.09.16
Vote - 7 -0 103008
05'00'
Agenda Request Form - Revised 09/02 Document Name: °%necessaryactionexec
T H E C I T Y O F
MEMORANDUM
TO: Ken Griffin, P.E. Director of Engineering
FROM: Keith Marvin, P.E.
DATE: September 13, 2010
REF: Right of Way Acquisition
ST99 -02 W. Sandy Lake Road
For the portion of West Sandy Lake Road between South Coppell Road and Denton Tap the city
has been working on right of way acquisition since spring of 2009. In May 2009 we entered into
a contract with TNP, Inc. for assistance in this endeavor. The following summarizes the 10
parcels and their status:
Parcel 1— Alex & Martha Pier
Parcel 1 is a vacant lot located at 101 Cottonwood Drive and consists of 21,500 (.494 AC)
square feet. This parcel has been acquired at a value of $93,606.10, or $4.35/SF.
Parcel 2 — Roger & Debbie Anderson
Parcel 2 is located at 100 Cottonwood Drive and consists of 20,272 (.465 AC) square feet. This
parcel has been acquired at a value of $162,212.00, or $7.83/SF.
® Parcel 3 — Bill & Rebecca Mills
Parcel 3 is located at 250 West Sandy Lake and consists of 2,257 (.052 AC) square feet. At this
point, no agreement has been reached on this parcel. Contact was made with Bill Mills via letter
by our department on 6/11/2009, and by TNP on 6/16/2009 informing him of the project and the
right of way needs.
On 7/20/2009 an offer of $18,135.00, or $8.035/SF was sent to Mr. Mills for his consideration.
We subsequently reviewed this offer and realized that the DCAD appraisal of this land was at
$11.25 /SF and issued a corrected offer of $25,391.25. On 9/12/2009 we received a counter offer
from Mr. Mills in the amount of $157,161.61, or $69.63/SF.
On 4/16/2010 the city sent Mr. Mills a counter offer of $59,947.17, or $26.56/SF. This offer was
i intended to compensate him for the loss of 11 trees, and provide an amount to be used at his
mil( discretion for landscaping and screening to shield his residence from Sandy Lake road once it
n CJ moves 25 feet closer to his house. On 4/28/2010 Mr. Mills sent a counter offer in the amount of
$132,547.17 or $58.73/SF. Due to the separation we decided to move on to other parcels with
the understanding that we would need to conduct an appraisal and may need to go through the
eminent domain process on this parcel.
Parcel 4 — Christina Lawson
Parcel 4 is located at 101 Oak Trail and consists of 3,814 (.088 AC) square feet. This parcel has
been acquired at a value of $45,000.00, or $11.80 /SF.
Parcel 5 — Roberto & Arcelia Beas
Parcel 5 is located at 100 Oak Trail and consists of 3,261 (.075 AC) square feet. At this point, no
agreement has been reached on this parcel. Contact was made with Roberto Beas via letter by
our department on 6/11/2009, and by TNP on 6/16/2009 informing him of the project and the
right of way needs.
On 8/5/2009 an offer of $26,202, or $8.035/SF was sent to Mr. Beas for his consideration. We
received no response to this offer.
On 4/16/2010 an offer of $26,251.05, or $8.05 /SF was sent to Mr. Beas for his consideration.
We received no response to this offer either.
Parcel 6 — Janice Phillips
Parcel 6 is located at 101 Shadydale and consists of 2,788 (.064AC) square feet. An offer has
been made, and verbally accepted in the amount of $30,700 or $11.01 /SF. The closing of this
parcel is pending based on the verbal agreement.
Parcel 7 — Robert D. Anderson
Parcel 7 is located at 100 Shadydale and consists of 1,924 (.044AC) square feet. This parcel has
been acquired at a value of $22,500.00, or $11.69 /SF.
Parcels 8 & 9 — General Telephone Co. ( Verizon)
Parcels 8 & 9 are located at 197 & 201 West Sandy Lake consist 402 and 2,459 square feet
respectively, for a total of 2,861 (.066AC) square feet. An offer has been made, and verbally
accepted by Verizon in the amount of $14,305 or $5.00 /SF. The closing of this parcel is pending
based on the verbal agreement. We are also in the process of acquiring a trail easement from this
owner as well. It 14000
Parcel 10 —Garry R. White
Parcel 10 is located somewhere in the vicinity of 200 West Sandy Lake. This parcel is a non -
buildable lot that is mostly contained within the current Sandy Lake Road right of way. The net
land area of the entire lot that lies outside the current right of way is 2,178 (.050AC) square feet.
The DCAD appraisal for this entire parcel is $1,500. The city has offered, and the owner has
accepted $2,000, or $0.92/SF for purchase of the entire lot. The closing of this parcel is pending
at the title company. 2 tk9' 10 r�
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CITY OF COPPELL, TEXAS
RESOLUTION NO.
A RESOLUTION PROVIDING FOR AND CONSENTING TO THE
EXERCISE OF EMINENT DOMAIN AS AUTHORIZED BY THE CITY
COUNCIL OF THE CITY OF COPPELL, TEXAS; PROVIDING FOR
THE ACQUISITION BY EMINENT DOMAIN OF A PORTION OF THE
PROPERTY DESCRIBED IN EXHIBIT A AND B AND COMMONLY
REFERRED TO AS 250 WEST SANDY LAKE ROAD WITHIN THE
MUNICIPAL BOUNDARIES OF THE CITY OF COPPELL, DALLAS
COUNTY, TEXAS; DECLARING A PUBLIC NECESSITY EXISTS AND
FINDING A PUBLIC USE AND PURPOSE FOR THE WELFARE AND
CONVENIENCE OF THE CITIZENS, REQUIRES THE TAKING AND
ACQUIRING OF PROPERTY FOR THE EXPANSION OF ROADWAY,
THAT CERTAIN TRACT WHICH WILL BE BURDENED WITH THE
ROADWAY EXPANSION IS SITUATED IN THE SHADYDALE ACRES
SUBDIVISION, BEING A PORTION OF LOT 1 -A, BLOCK A, LOCATED
ON THE NORTH LINE OF WEST SANDY LAKE ROAD,
APPROXIMATELY 225 FEET WEST OF OAK TRAIL, AND
CONTAINING A TOTAL OF 0.052 ( + / -) ACRES OF LAND; PROVIDING
FOR AN OFFER TO PURCHASE THE PERMANENT RIGHT OF WAY
FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED,
AUTHORIZING COUNSEL TO INSTITUTE NECESSARY
PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY
FOR STREET WIDENING AND RELATED PUBLIC PURPOSES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Coppell ( "City ") wishes to provide for the health and welfare of
its citizens; and
WHEREAS, the City is a home rule City with specific, enumerated powers to provide
for the health, safety and general welfare of its citizens; and
WHEREAS, it is hereby determined tljat a public necessity exists, and that a public use
and purpose for the welfare and convenience of the citizens requires the acquisition of permanent
right of way for street widening purposes, with such right of way vesting in the City burdening
the hereinafter described property, for the public purpose of constructing and maintaining right
of way for public streets and utility improvements; and
WHEREAS, the City is authorized pursuant to Chapter 251, TEX. LOCAL Gov'T CODE,
to exercise the right or power of eminent domain for public purposes to acquire property,
whether located inside or outside the municipality, where necessary for the purpose of providing
a thoroughfare system, a waterworks system, water storage, drainage, treatment, distribution,
transmission, or sewage system, including sewage collection, drainage, treatment, disposal, and
emptying facilities or any other public purpose recognized under state law; and
WHEREAS, the City is authorized to exercise the power of eminent domain to acquire
said tract of land more fully described herein and depicted in Exhibit A and B, which is attached
hereto and incorporated herein; and
WHEREAS, the City is acquiring such land in accordance with state law; and
WHEREAS, the parcel of land so described herein will be appraised in accordance with
the provisions of Chapter 21, TEX. PROPERTY CODE to establish just compensation as provided
therein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
Section 1. That City Manager or designee is hereby authorized and directed to
implement the applicable provisions of this Resolution.
Section 2. That a public necessity exists and public use and purpose for the public
welfare and convenience require the acquisition of a portion of the property located at 250 West
Sandy Lake Road for the expansion of roadway and utility right -of -way for West Sandy Lake
Road, being a public thoroughfare, with title vesting in the City of Coppell, Texas, in that certain
tract or parcel of land containing approximately 0.052 ( + / -) acres of land in the name of the City
of Coppell in, over and across the property owned by Bill E. and Rebecca S. Mills depicted in
Exhibit A and B, attached hereto and made a part hereof for all purposes.
Section 3. That the public is required to obtain the subject tract for the expressed public
purpose of expanding and extending public right -of -way for the widening of Sandy Lake Road;
as depicted on the current City of Coppell thoroughfare plan.
Section 4. That the city council of the City of Coppell hereby finds that there is a public
necessity and public use and purpose required to acquire the permanent right of way and the size,
scope, width and dimensions set forth herein and for the purposes stated in this Resolution.
Section 5. That an offer of a just and adequate compensation based on fair market value
shall be made for the said 0.052 ( + / -) acre tract of land, more or less, including damages to the
remainder, if any. Said offer having been based on an independent appraisal. The City Manager,
or designee, is hereby authorized and directed to make an offer for the acquisition of the
permanent right of way to the owner of the property.
Section 6. That in the event the offer described herein is refused or not accepted by the
owner of the property, the City Attorney is hereby authorized and directed on behalf of the City
to file the necessary eminent domain proceedings or suit and to take whatever action may be
necessary against the owner and any other parties having interest in the property to acquire the
property for such public purpose as set forth herein with such title vesting in the City of Coppell.
Page 2
NJDHS 992010
Section 7. That if it should be subsequently determined that additional parties other than
those named herein have an interest in said property then the City Attorney or designee is
authorized and directed to join said parties as defendants in said condemnation. If it is later
determined that there are any errors in the descriptions contained herein or if later surveys
contain more accurate revised descriptions, the City Attorney, or designee, is authorized to have
such errors corrected or revisions made without the necessity obtaining City Council approval
authorizing condemnation of the corrected or revised property.
Section 8. That if for any reason any section, paragraph, subdivision, clause, phrase or
provision of this Resolution shall be held invalid, it shall not affect any valid provisions of this or
any other Resolution of the City of Coppell to which these rules and regulations relate.
Section 9. That the City Council hereby finds and declares all precatory language herein
to be true and correct and approves and adopts the same herein as part of this Resolution.
Section 10. That this Resolution shall take effect on and after its adoption by the City
Council of the City of Coppell.
PASSED AND APPROVED this `-day of 0.
APPROVED:
By:
Bob Mahalik, Mayor Pro Tem
ATTEST:
%M. - - M
I.Fr Secretary
' : 9YA- 11
IM
Robert E. Hager,/GIty Attorney
Page 3
NJDHS 992010
EXHIBIT "A"
Being a 0.052 of an acre tract of land situated within Lot 1 -A, Block A, Shadydale
Acres, an addition to the City of Coppell, Dallas County, Texas, as shown by plat
recorded in Volume 83102, Page 2642, Plat Records, Dallas County, Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found for the southwest corner of said Lot 1 -A,
same being the southeast corner of a tract of land described to Laura L. Barnett by
deed recorded in Volume 97252, Page 2126, Deed Records, Dallas County, Texas,
and being also on the north right -of -way line of Sandy Lake Road ( a variable width
right -of -way);
THENCE North 00 °05'08" West, with the west line of said Lot 1-A, a distance of 22.81
feet to a 5/8 inch capped iron rod stamped "TNP" set for corner;
THENCE East, over and across said Lot 1 -A, a distance of 101.57 feet to a 5/8 inch
capped iron rod stamped "TNP" set for corner on the east line of same;
THENCE South 00 °41'34" East, with said east line, a distance of 21.58 feet to the
southeast corner of said Lot 1 -A, same being on said north right -of -way line from which
a 1/2 inch iron rod found bears North 89 °18'26" East. 167.68 feet:
THENCE South 89 °18'26" West, with said north right -of -way line, a distance of 101.80
feet to the POINT OF BEGINNING and containing 0.052 of an acre of land, more or
less.
J exRk y . Gentry, R.P.L. as Registration No. 5519
Bearings are based on the Texas
State Plane Coordinate system,
North Central Zone (NAD83)
Integral parts of this survey:
a. Legal Description
b. Sketch
Revised: November 13, 2008
Date: November 4, 2008
Sheet 1 of 2
EXHIBIT "B"
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LAURA L. BARNETT z
VOL. 97252, PG. 2126 ; 2 N
D.R.D.C.T. o0 LOT 1 -A
55
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0 0 trap'
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N00'05'08 "W ? ) EAST 101.57'
22.81'
589' 18'26 "W
POINT OF 101.80'
BEGINNING
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NOTES:
1. Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83).
2. Integral ports of this survey.
a. Legal Description
b. Sketch
3. Owners name do address shown are
based on Dallas Control Appraisal
District information only.
/.
19VKY . GENTRY, R.P. S.
TLfXAS REGISTRATION NO. 5519
NOVEMBE 4, 2008
LOT
LOT 1 -C
BLOCK A
SHADYDALE ACRES
VOL. 83102, PG. 2642
P.R.D.C.T.
R 2,257 SQ. FT. LOT 1 -8
RIGHT —OF —WAY
EASEMENT
c � a s
S�sr+a S00'41'34 "E
21.58' __
N89'18'26 "E 167.68' 1,
SANDY LAKE ROAD
(VARIABLE RIGHT -OF -WAY)
2 LOT 3
8 OCK B
GEOR IAN PLACE
VOL. 9 119, PG. 1
P.R.D.C.T.
0 30 60 120
SCALE: 1 " = 60'
e "6�\S TE �.
...................
mar L. G" TRY
...................
a 5519 2.
DATE: II SU
REVISED NOVEMBER 13 2 0
LOT 4 /
/ LOT 5
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0.052 ACRE
RIGHT -OF -WAY
EASEMENT
Situated in
Lot 1 —A, Block A,
Shodydale Acres,
City of Coppell
Dallas County, Texas
0 8 JOB NO. CPL 00243
/ iiv! Civil Eng ineering TEAGUE NA AND PERKINS Planning
1100 Macon Street, Fort Worth, TX 76102
L'\ PROJECTS \CPLOO243 \Cad \survey \EASEMENTS \ROW -IA. d.g (817) 336 -5773 SHEET 2 OF 2