CC MEETING: June 20, 2023
DATE: May 23, 2023
TO: Erin Rinehart, City Manager
FROM: Jonathan Wheat, P.E., Director of Engineering
Marc Guy, Assistant City Manager
Title
Consider A Resolution Declaring A Public Need And Necessity For Certain Property Rights Necessary For The Construction Of The Dudley Branch Hike And Bike Trail; Authorizing The City Manager To Take All Necessary Action For The Acquisition Of Said Property Rights For Two Trail Easements And A Temporary Construction Easement And The Construction Of A Hike And Bike Trail Within Said Easements Located Within The William B. Rowe Survey, Abstract No. 1124, Denton County, Texas, And More Specifically Described As Lot 2, Block A Of The Indian Creek Addition, Phase 2, Located Generally At The Northeast Corner Of Frankford Road And Trade Center Drive; Authorizing The City Attorney To Use Eminent Domain And Take All Steps Necessary To Acquire The Needed Property Rights In Compliance With All Applicable Laws.
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BACKGROUND:
In March of 2013, a 9 foot wide trail easement was obtained through the referenced property. The existing trail easement provides for the Dudley Branch Trail to connect from Frankford Road to the Dudley Branch Creek. The crossing of the creek requires a pedestrian bridge. The acquisition of property rights consists of two 16.50 square foot trail easements to provide for erosion control at the bridge abutments. Additionally, a 15,879 square foot temporary construction easement needs to be acquired to allow construction vehicles to enter the site for material deliveries and concrete pours from Frankford Road. This acquisition is necessary for the construction of the Dudley Branch Hike and Bike Trail.
Angel Valuation Services was hired by the City and has determined the appraised value for the additional trail easement rights to be $6.58 per square foot, for a total cost of $220.00. The appraised value for the temporary construction easement rights was determined to be $0.675 per square foot, for a total cost of $10,718.00. The combined cost of all required easements is $10,938.00.
The property owner of record, Mr. William Janacek, has refused to accept the certified offer packet.
FINANCIAL IMPLICATIONS:
Based on the appraised property values, the total cost of the two trail easements and the temporary construction easement is $10,938.00. Funding is available from Parks Consolidated General Obligation Bond Funds.
IMPACT ON COMMUNITY SUSTAINABILITY:
This project will support the City Council’s strategic objectives and vision of building a community that families and businesses want to call home by:
• Providing a hike and bike trail along Dudley Branch Creek, connecting to Frankford Road and the Frankford DART passenger rail station.
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends City Council approval of a resolution authorizing the City Manager to take all necessary action for the acquisition of property on a portion of the property described as Lot 2, Block A of the Indian Creek Addition, Phase 2 for trail and temporary construction easements, including the use of eminent domain if negotiations with the property owner are unsuccessful.