HomeMy WebLinkAboutItem 16 - Creekwood Drive Drainage EasementMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
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HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER
SEPTEMBER 18, 2001
TAKING RESOLUTION — CREEKWOOD DRIVE DRAINAGE
EASEMENT
City Council consider adopting a taking resolution authorizing the City Staff to pursue
eminent domain proceedings relative to the drainage easement acquisition adjacent to
Creek 23 at the Creekwood Drive crossing, and take any necessary action.
FUNDING SOURCE:
Fundino Source
94 GO Bonds
OOA CO
96 GO Bonds
SDUS
Peripheral Fees
TOTAL
Account
178-78324-007
116-48930-536-1-000001
178-78355-009
116-48941-535-1
178-21407
Amount Award
$373,830.48
$4,203,129.00 $525.00
$32,169.52
$160,710.00
$1,892.77
$4,771,731.77
Percent
7.8%
88.1%
.6%
3.4%
.1%
100%
Budget
Amount
Award Percent
Engineering
$556,410.00
11.7%
Construction
$3,474,877.00
72.8%
Testing
$65,000.00
1.4%
ROW/Easment Acquisition
$10,000.00
$525.00 .2%
Contingency
$665,444.77
13.9%
TOTAL
$4,771,731.77
100%
BACKGROUND:
Staff has been involved in negotiations with the property owners, Eric and Joy Lewis, for
the past month to try to obtain the 127 square foot drainage easement in the northeast
corner of Lot 4, block 3, Creekwood Estates. To date, we have been unable to come to
an agreement with the owners.
Staff has instructed our appraiser to prepare an appraisal suitable for eminent domain
proceedings in the event we fail to reach any agreement with the property owners.
September 13, 2001 (2:57PM)
This easement acquisition has stymied the completion of the culvert crossing at
Creekwood Drive and needs to be resolved as soon as possible. We have submitted
the final offer to the owners, but should also be prepared to proceed with eminent
domain immediately upon the deadline stipulated in the final offer.
Staff recommends approval.
JSP/dsm
0:\agenda\090401\Creekwood Taking_Resolubon.agm.doc
September 12, 2001 (9:17AM)
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AUG. 22, 2001
EXHIBIT "B"
DRAINAGE EASEMENT
CREEKWOOD ESTATES
LOT 4, BLOCK 3
CITY OF GRAPEVINE,
0 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF
ACQUIRING AN EASEMENT FROM THE HEREINAFTER
DESCRIBED PROPERTY AND AUTHORIZING ITS
CONDEMNATION AND/OR APPROPRIATION TO BE USED
IN CONNECTION WITH THE CONSTRUCTION OF THE
CREEK 23 CHANNELIZATION PROJECT; AND PROVIDING
AN EFFECTIVE DATE
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That it is hereby determined that public necessity requires the
acquisition of a drainage easement from certain property for the construction of Creek 23
Channel Improvements and the City of Grapevine should acquire an easement under,
over and across the land necessary for said project.
Section 2. That the property described in the attached Exhibits "A and B" (the
Property), attached hereto and incorporated herein for all purposes, is hereby determined
to be necessary for the above mentioned project. That for the purpose of acquiring a
drainage easement from said Property, the Director of Public Works or such employee as
he may designate, is hereby authorized and directed to offer the sum of five hundred and
twenty-five dollars ($525.00) for the hereinafter described Property as payment for an
easement under, over and across said Property and all improvements thereon, which
amount represents the fair cash market value of said Property to be acquired.
Section 3. That the City of Grapevine determines it necessary to appropriate
said drainage easement from said Property for the purpose of construction of the Channel
Improvements to Creek 23, as authorized under the laws of the State of Texas and the
provisions of the Charter of the City of Grapevine.
Section 4. That the owner or party claiming an interest in said property is as
follows:
•C7LR12
Eric D. Lewis & Wife
Joy Lewis
Section 5. That in the event the property owner accepts the offer made as
authorized herein, the Director of Finance be and is hereby authorized to draw a warrant
in favor of the above named, in the amount of five hundred and twenty-five dollars
($525.00). This sum represents compensation for the easement across above and under
the property and all improvements.
Section 6. That the necessary instruments of conveyance be approved by the
City Attorney as to form and subsequently filed with the County Clerk and returned to the
City Secretary for permanent record.
Section 7. That the City is to have possession of the property on closing.
Section 8. Should the employee designated to make the official offer report to
the City Attorney that the hereinabove named property owner has refused to accept the
sum of money offered by the City of Grapevine as compensation for the taking of subject
land from said owner under the laws of eminent domain, which amount the City Council
deems to be fair cash market value and just compensation, in compliance with the laws of
the State of Texas, this will be evidence that the City of Grapevine cannot agree with the
property owner as to the compensation legally allowable by law. In such case, the City
Attorney is authorized and requested to file the necessary suit(s) and take the necessary
action for the prompt acquisition of said property in condemnation or in any manner
provided by law.
Section 9. That should it be subsequently determined that additional persons
other than the person named herein have an interest in said property, then and in that
event, the City Attorney is authorized and directed to join said parties as Defendants in
said condemnation suit(s).
Section 10. That this resolution shall take effect from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of September, 2001.
ATTEST:
011
0 APPROVED AS TO FORM: