13 - WEST PARIS TRAIL CONDEMNATIONSItem No. 13
memorandum
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: WEST PARIS TRAIL CONDEMNATIONS
DATE: April 22, 2015
BACKGROUND: As previously discussed in executive session, we have two property owners
who have so far declined to sell a trail easement or right -of -way to the city for completion of the
trail planned to be built beginning at the old depot on Bonham. At one point, we thought we had
a less desirable alternative to run the trail along 11 th Street if we had to. However, because this is
a grant funded project, we have restrictions on how tight a space in which pedestrians can be
placed with motor vehicles. Therefore, we must acquire the parcels off of the roadway.
STATUS OF ISSUE: At this point we believe we have reached a tentative agreement with one
property owner, yet have made no progress whatsoever with the other. In order to proceed with
this project we must move quickly and aggressively, authorizing the city attorney to move
forward with condemnation. In this case we are asking for condemnation authority on both
properties. We do not expect to need it on both, but we do need the authority just in case our
current negotiations hit any sort of snag or delay.
BUDGET: Funds are included in the grant project budget.
RECOMMENDATION: Authorize city attorney to proceed with condemnation.
Draft
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
DECLARING THE NECESSITY FOR ACQUIRING BY EMINENT DOMAIN A
MULTI -USE TRAIL EASEMENT OVER LOT 6, BLOCK 47, LOTS 8 - 10
BLOCK 50, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS AND FEE
SIMPLE TITLE TO LOT 1, BLOCK 50 FOR A MULTI -USE RECREATIONAL
TRAIL IN WEST PARIS, TEXAS; AUTHORIZING THE CITY ATTORNEY,
OR HIS DESIGNEE, TO FILE PROCEEDINGS IN EMINENT DOMAIN TO
ACQUIRE THE EASEMANTS AND REAL PROPERTY; MAKING OTHER
FINDINGS AND PROVISIONS AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has previously approved a project to build a Multi -
Use recreational trail extending approximately 2.36 miles from The Depot at 1125
Bonham Paris, Texas north to the Red River Valley Fairgrounds and the Paris Girls and
Boys Club; and
WHEREAS, the Texas Department of Transportation has approved a
Transportation Enhancement Program grant which will provide some of the funding for
the Multi -Use Trail Project in west Paris; and
WHEREAS, there is a public purpose, need and necessity to acquire a multi -use
trail easement across some properties and fee simple title on other property for the
construction, use, operation and maintenance of a multi -use trail through parts of West
Paris, Lamar County, Texas; and
WHEREAS, in accordance with the above, the City Council of the City of Paris,
Texas, hereby finds that there is a public need and necessity to acquire such real
properties for such purposes set forth above. The public improvements will be for the
benefit and enjoyment of the citizens of the City of Paris, Texas and the public at large;
and
WHEREAS, the real property to be acquired is a twenty -five foot (25') wide
multi -use trail easement running generally south to north over and across the following
properties located in the City of Paris, Lamar County, Texas:
LOT & BLOCK
Lot 6 Block 47
PROPERTY ID NO.
108309
OWNER
Kenneth Humphreys
Lot 1, Block 50 14170 Ricky & Venus Castor
Lots 8, 9, & 10 Block 50 14177 Ricky & Venus Castor
14178 Ricky & Venus Castor
14179 Ricky & Venus Castor
WHEREAS, due to the small size and shape of the following lot the City may
need to acquire the entire fee simple interest in the property as follows:
Lot 1, Block 50 14170 Ricky & Venus Castor
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are
hereby in all things approved.
Section 2. The City Council hereby finds and determines that there is a public
purpose, need and necessity to acquire the multi -use trail easements and /or fee simple
title in the Properties referenced above for the public purpose of constructing, using,
operating and maintaining the Multi -Use Trail west Paris which shall inure to the benefit
of the public and the citizens of the City of Paris, Texas.
Section 3. The City Manager or his designee is hereby authorized on behalf of the
City to attempt to agree on damages and compensation to be paid to the owners of the
referenced properties. If the City Manager or his designee determines that an agreement
for damages and compensation cannot be reached then the City Attorney or his designee
is hereby authorized to file or cause to be filed condemnation proceedings against the
owners and interested parties of the referenced properties to acquire the referenced trail
easements and /or fee simple interest in the properties through eminent domain.
Section 4. That if it is later determined that there are any errors in the
descriptions contained herein or if later surveys contain more accurate revised
descriptions, or if it is later determined that the other persons not named herein own any
right, title or interest in or to the Properties, the City Attorney or his designee is
authorized to have such errors corrected or revisions made without the necessity of
obtaining City Council approval authorizing the condemnation of the corrected or revised
property or owners.
Section 5. This Resolution shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED this the 27th day of April, 2015.
Matt Frierson, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney