ST8601-AG 900410Rev. 4-24-89
CAPTION:
'~ · (_ons ider a resolution, of the City,~ouncil of the
~ .... ~ ...... n~ the. necessity of acqlli~i~ a street
~ ac ~on easements for MacArthu~ B~ulevard on
~ ~, tse Ci{y of C~ppell, Dalla
~.D~rector's S~E~at~re) ~ ~
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Alan D. Ratliff, City Manager
April 4, 1990
Right-of-Way - MacArthur Boulevard
In the process of securing a right-of-way for extension of
MacArthur Boulevard north through vista Ridge, we mailed a letter
to the property owners asking them to donate the right-of-way.
Mr. Steve Kimbrel and his wife met with me and stated they knew
all about this project and the fact that Lomas & Nettleton was
going to be the one to purchase the right-of-way and build the
road. They indicated that because of previous dealings with the
City and hard feelings resulting from those dealings, they had no
intention of donating the right-of-way. Mr. Kimbrel further stated
that he thought we might as well go ahead and condemn the property
and he would trust to the Condemnation Board to set a reasonable
price.
Out of fairness to Lomas & Nettleton who is paying the bill, I have
attempted to communicate regularly with Tom Tanner, project manager
of Vista Ridge, and ask them to tell me what they were willing to
pay for the land. They initiated their offer at 50 cents per
square foot for the property. Mr. Kimbrel stated that he expected
$5 per square foot. The land is presently zoned agricultural.
Since there was such a broad difference in asking and giving price,
I suggested that before we initiate condemnation, Mr. Kimbrel meet
Right-of-Way - MacArthur Boulevard
April 4, 1990
Page 2
with Mr. Tanner on a one-on-one basis to see if Lomas & Nettleton
would be interested in purchasing both tracts A and B in their
entirety. He agreed to this, so I called Mr. Tanner and had him
meet with Mr. Kimbrel. Mr. Tanner has informed me they were unable
to reach an agreement and has asked that we proceed with
condemnation. Mr.
reimburse the City
condemnation.
Tanner has agreed, "verbally," that he would
for all its legal costs associated with this
Larry Jackson has assigned this project to John Griffin, one of his
firm's attorneys. Mr. Griffin is a trial attorney and appears to
be competent to perform this service for us. Mr. Griffin has
prepared the attached resolution as well as a memorandum outlining
the exact steps which will be taken to acquire the right-of-way
through condemnation. We recommend that you adopt this resolution
which authorizes us to begin the condemnation proceedings.
Mr. Daniel Furlan of San Diego, California, who owns the second
tract, has verbally told us he will dedicate the right-of-way, and
he wishes to zone and plat his total property for residential use.
Gary Sieb and I are working with him to accomplish both of these
goals. We hope to get the deeds for his right-of-way within the
next few weeks.
ADR/slt
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, DETERMINING THE NECESSITY OF ACQUIRING A STREET RIGHT-
OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS FOR
MACARTHUR BLVD. IN LAND LOCATED WITHIN THE CITY OF COPPELL,
DALLAS COUNTY, TEXAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
That the City Council of the City of Coppell, Texas, hereby determines that a
public necessity exists that a street right-of-way and temporary construction easements
be acquired for the extension of Mac Arthur B}vd. within the City of Coppell, Dallas
County, Texas. That the right-of-way and temporary construction easements is depicted
on the plat attached hereto as Exhibit "A".
SECTION 2.
That for the purpose of acquiring said street right-of-way and temporary
construction easements it is hereby resolved that the City Manager is hereby authorized
and empowered to retain an appraiser to value said right-of-way and construction
easements and to enter negotiations with the various owners of the tracts traversed
by said right-of-way depicted on Exhibit "A" to purchase right-of-way and construction
easements.
SECTION 3.
In the event that negotiations are unsuccessful, the City Manager and the City
Attorney are authorized to comply with the statutes of the State of Texas with reference
to the necessary legal prerequisites existing in or relating to the exercise of eminent
domain to acquire said right-of-way and construction easements.
the
DULY RESOLVED by the City Council of the City of Coppell, Texas, on
day of , 1990.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
~ ~C':"?-~t~: ~:~i'~"/~-'" CITY ~O~NEY
RIGHT-OF-WAY DESCRIPTION
!.
TRACT A
ol
c-
B
TRACT B
26,172 S.F.
EASEMENT
EXHIBIT. A.
TRACT C
6,525
NOTE:
I) ALL STATIONS SHOWN ARE CENTERLINE
MACARTHUR ELVD PAVING STATIONS.
2} DRAINAGE EASEMENTS ARE SKEWED AT
60° TO THE ROW.
/
/
VISTA RIDGE
TRACT D
65,845 S.F.
EASEMENT
//
215.03 (84' RT)
216+55 (76' RT)
PROPOSED MACARTIIt
RIGIIT-OF-WAY AN D
FEBRUARY