HomeMy WebLinkAboutContract 46051 Page 7 of 7 7 CONTRACT N0�
Electronically Recorded Tarrantcounty
Official Public Records 1012012014.4:16 PM D214229676
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Mary Louise Garc!VO.2(113-00Z44.9Jubmittec XEROXCOMMERCIAL
SOLUTIONS
CITY OF FORT WORTH § CONDEMNATION PROCEED.ING..S
V. §
MAM HEMASI,FATR M13R §
S.ADAR RASSAMPITOR; TEXAS §
ELECTRIC SERVICE COMPANY, § IN THE COUNTY COURT
MY OF FQPT WORTH;FORT §.
WORTH INDEPENDIGNT SCH(OI § AT.LAW NO.•3
DISTPJCT;TARRANT COUNTY, �
TEXAS', TARRANT COUNTY
:RE+GYOXAL WATER DD3TAYM—08
HOSPITAL DISTRICT; AND §
TARRANT COUNTY COLLPG)K
DISTRICT § TARRANT COUNTY,,I=AS
.ACIMEDi JVDGMNT
On the 3rd day of October, -2014, the City. of"Fort Wt tti ("Cityl% end Ma
jfd
Hernal d Fatemeh Sadar I3 ssampu�ox ("`�.�FIA4:wnas"),preswt t3>o our alviotion-
for-entry of=.Agreed Judgment, The Court Isnds ft-Motioli.tb.be-fair,.reasonable,and
egtdtabl%and xenders its order.
1. On April 25, 2-013; the City filed its Petition to cohde Z and acquire.ii fee simplo
JnWest in a.:056 acre tact.of artd-rof fight-bf.- y.and a.44 acre tract of land l'or a
tampcnary- coushwAion- easement f om tho 'Lar0ownmV properly at I224 South
:A.years Avenue;Fart Worth,.for the Cily.'s list Rosedale Sfreat Improvement proiew-
.Each pal l is shgym and•dopiated on the attached and.finoortrorated )rhihlts A
throngP D.
2. On April 25, 7013, the City filed a. Lts Pendens Notice, tristruwAt No,
n =13104369, it! tho.Tarrant.County. Deed Rocmds,.-regarding the coweextmation
rn described in the City's Petition.
L }
0 3. Tim Mathcus, Brett L Wyatt, and Tony Doughinot were substquenOyr appoirsted
o special-ebni>tiiisitianor5 -to preside over and hear-the.parties to. O proceeding tb
determine the fair-tnuket value ofthe land to b$-talcan.
AGREED Ji}'IZGi�V[ iVT rt P� .,t,r3tr�Sx {p� PAGR X
NO. 2013-002449-3
CITY OF FORT WORTH § CONDEMNATION PROCEEDINGS
V. §
MAJID HEMASI; FATE,MEH §
SADAR SASSAMPUOR; TEXAS §
ELECTRIC SERVICE COMPANY; § IN THE COUNTY COURT
CITY OF FORT WORTH; FORT §
WORTH INDEPENDENT SCHOOL § AT LAW NO. 3
DISTRICT; TARRANT COUNTY, §
TEXAS; TARRANT COUNTY §
REGIONAL WATER DISTRICT; JPS §
HOSPITAL DISTRICT; AND §
TARRANT COUNTY COLLEGE §
DISTRICT § TARRANT COUNTY, TEXAS
AGREED JUDGMENT
On the 3rd day of October, 2014, the City of Fort Worth ("City"), and Magid
i
I
Hemasi and Fatemeh Sadar Bassampuor ("Landowners"), present to the Court a Motion
for entry of an Agreed Judgment. The Court finds the Motion to be fair, reasonable, and
equitable, and renders its orders:
1, On April 25, 2013, the City filed its Petition to condenm and acquire a fee simple
interest in a .056 acre tract of land for right-of-way and a .041 acre tract of land for a
temporary construction easement from the Landowners' property at 1224 South
Ayers Avenue, Fort Worth, for the City's East Rosedale Street Improvement Project.
Each parcel is shown and depicted on the attached and incorporated Exhibits A
through D.
2. On April 25, 2013, the City filed a Lis Pendens Notice, Instrument No.
D213104369, in the Tarrant County Deed Records, regarding the condemnation
described in the City's Petition.
3. Tim Matheus, Brett J. Wyatt, and Tony Dauphinot were subsequently appointed
special commissioners to preside over and hear the parties to the proceeding to
determine the fair market value of the land to be taken.
i
AGREED JUDGMENT I COPY OF PAGE 1
f�. ++� ( , I II ii;IIi,IL14id
�''-Qi'�l,•y i,6..n'i1)!_I„i!-(±hili;�^„('QUNTYGI.,r'.
4. The commissioners set the cause for hearing before them at 9:00 o'clock a,m, on
October 10, 2013, and the City and Defendants were duly cited to appear at the
hearing.
5. On October 10, 2013, at the time and place designated in the notice of hearing, the
special commissioners convened the hearing. The City of Fort Worth appeared by
and through its duly authorized attorney, Christopher B. Mosley, and Landowners
appeared by and through their attorneys,Mark Heidenheimer and Robert Cohen.
d. After the hearing, and on October 10, 2013, the special commissioners rendered
and filed the Award of Commissioners for$27,910.00.
7. On October 10,2013,the Judge signed the Award of Commissioners.
S, The City deposited an amount equal to the Award of the Commissioners in the
registry of the Court on October 13, 2013.
9. On October 15, 2013, the Judge signed an Order to deposit the Award of the
Commissioners in an interest-bearing account.
10, On October 25, 2013, the Landowners timely filed their Objections to the Award of
Commissioners,
11. The Court granted the City's Motion to non-suit the defendant taxing entities from
the suit on November 1,2013 and Texas Electric on November 15,2013.
12, On November 22, 2013, the Court ordered the Clerk to release to the Landowners
the Award of Commissioners and accrued interest from the registry of the Court.
13. Landowners are hereby notified that under the provisions of Texas Property Code
§ 21.023, as amended, the Landowners or the Landowners' successors or assigns
may, under certain circumstances, be entitled to repurchase the property or,
request certain information from the City relating to the use of the property and
any actual progress made toward that use. The repurchase price, if applicable, is
the price paid to the property owner by the City for the property in accord with the
terms of this Judgment.
14. All proceedings necessary to vest the Court with jurisdiction of the parties and of
the subject matter of this case have been instituted, maintained, and complied with
as required by law and, the Court has jurisdiction of the parties and of the subject
matter of this case.
` HUD N
1
IDGVEN ;` '7 �lrrY AGREE PAGE 2
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that judgment be
rendered for the City that conveys to the City a fee simple interest in, on, over, under,
across, and through a .056 acre tract of land for right-of-way and in, on, over, under, across,
and through a .041 acre tract of land for a temporary construction easement from the
Landowners' property at:1224 South Ayers Avenue, Fort 'North, depicted in the attached
Exhibits A through D. There is reserved to Landowners all oil, gas, and other minerals in,
on, and under the parcel described and depicted in Exhibits A through D, but Landowners
and their lessees shall not be permitted to drill or mine for minerals from the surface of
the parcel obtained for right-of-way. Landowners will be permitted to extract such
minerals from the parcel described and depicted in Exhibits A through D by directional
drilling and other means, so long as City's use of the parcel is not disturbed and the
lateral and subsurface support for City's facilities is not adversely affected.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the City shall
pay the Landowners an'additional $10,090.00 over the amount of the Commissioner's
Award as final settlement for the interests the City sought in this lawsuit.
IT IS FURTHER ORDERED that the Notice of Lis Pendens, Instrument No,
D213104369, filed in the Tarrant County Deed Records is hereby released and cancelled.
IT IS FURTHER ORDERED that all costs be assessed against the City of Fort
Worth.
IT IS FURTHER ORDERED that the Clerk of the Court record this judgment in the
minutes of the Court.
OF
4r1iIN
XAS',
17 GANG
AGREED JUDGMENT PAGE 3
IT IS FURTHER ORDERED that the writs and processes as may be necessary in the
enforcement and collection of this judgment issue.
IT IS FURTHER ORDERED that this judgment disposes of all parties and all claims
and is appealable.
SIGNED this day of ��o+� , 2014.
J1 o'
JUDGE PRESIDING
APPROVED AS TO FORM AND SUBSTANCE:
s!Mark Heidenheimer
Mark Heidenheimer
State Bar No. 09378800
MARK HmDENHEIMER,P.L.L.C.
2208 Wisteria Way
McKinney, Texas 750712887
L/Robert Cohen
Robert Cohen
State Bar No. 04508700
CowEN&ZWERNER,L.L.P.
211 N. Record Street, Suite 450
Dallas, Texas 75202-3 370
ATTORNEYS FOR LANDOWNERS
CI r' topher B, Mosley
Senior Assistant City Attorney
State Bar No. 00789505
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Texas 76102
ATTORNE'Y'S FOR PETITIONER
AGREED JUDGMENT "' ;; r, :, TY C r PAGE 4
EAST ROSEDALE STREET FMPROVEMENTS
PARCEL No.S
CITY PROJECT No. 00142
1224 SOUTH AYERS AVENUE
LOT 4, BLOCK R-F,HALLBROOK ADDITION
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
EXHIBIT"A"
Being a'0.056 acre tract of land out of Lot 4, Block R-F of Hallbrook Addition, and addition to
the City of Fort Worth, Tarrant County, Texas as recorded in Volurne 388-114, Page 523 of the
Plat Records of Tarrant County, Texas, said Lot 4 being deeded to Majid Hernasi and Fateineh
Sadar Bassampour as recorded in Volume 13089, Page 342 of the Deed Records of Tarrant
County,Texas, said 0.056 acre tract of land being more particularly described as follows!
BEGINNING at a 3/4 inch iron rod found for the southeast corner of said Lot 4, said 3/4 inch
iron rod being the intersection of the existing nottherly right-of-way line of Avenue E(a 60.0'
right-of-way)with the existing west right-of-way line of Ayers Avenue,(a variable width right-of-
way);
THENCE North 82 degrees 23 minutes 00 seconds West, with the existing northerly right-of-
way line of said Avenue E and with the southerly line of said Lot 4, a distance of
150.00 feet to a "X" in concrete found for the southwest comer of said Lot 4, said
"X" in concrete being the most southerly southeast corner of Lot 1, Block R-F of
Hallbrook Addition, P Filing as recorded in Volume 388-48, Page 884 of said Plat
Records of Tarrant County,Texas;
THENCE North 01 degrees 38 minutes 30 seconds Fast, with the west line of said Lot 4 and
with the east line of said Lot 1, a distance of 4.72 feet to a survey nail with washer
stamped "GORRONDONA"set in asphalt for corner in the proposed northerly right-
of-way line of said Avenue E;
THENCE South 82 degrees 46 minutes 41 seconds East, with the proposed northerly right-of-
way line of said Avenue E, a distance of 7.76 feet to an "X" set in concrete for the
beginning of a curve to the left having a radius of 486.50 feet, a central angle of 09
degrees 44 minutes 50 seconds, and whose chord bears South-87 degrees 39 minutes
06 seconds East,a distance of 82.66 feet;
THENCE with said curve to the left and with the proposed northerly right-of-way line of said
Avenue E, an arc length of 82.76 feet to an "X"set in concrete for the beginning of a
compound curve to the left having a radius of 51.50 feet, a central angle of 38 degrees
18 minutes 48 seconds, and whose chord bears North 68 degrees 19 minutes 05
seconds East, a distance of 33.80 feet;
Exhibit A Fage 1 of 2
il''`,COUIITY C%R!,
THENCE with said compound curve to the left and with the proposed northerly right-of-way
line of said Avenue E, an arc length of 34.44 feet to an"X"set in concrete for corner;
'THENCE North 49 degrees 09 minutes 41 seconds East, with the proposed northerly right of
way line of said Avenue E, a distance of 18.38 feet to an "R ' set in concrete for the
beginning of a curve to the left having a radius of 59.50 feat, a central angle of 23
degrees 36 minutes 08 seconds, and whose chord bears North 37 degrees 21 minutes
37 seconds East, a distance of 24.34 feet;
THENCE with said curve to the left and with the proposed northerly right-of-way line of said
Avenue E, an are length of 24.51 feet to a R.O.W, marker set in the east line of said
Lot 4, said R.O.W. marker being the intersection of the proposed northerly right-of-
way line of said Avenue E with the existing west right-of-way line of said Ayers
Avenue,
THENCE South 01 degrees 38 minutes 30 seconds West, with the east line of said Lot 4 and
with the existing west right-of-way line of said Ayers Avenue, a distance of 64.11
feet to THE POINT OF BEGINNING, and containing 2,455 square feet or 0,056
acres of land,more or tens,
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) R.O.W. markers along proposed right-of-way line are 5/8 inch iron rod set with
blue cap stamped "GORRONDONA"unless otherwise noted.
(3) Bearings are referenced to the Texas Coordinate System, NAD-83, The North
Central Zone 4202, all distances and areas shown are surface.
Date: May 1, 2012
OF T
�4.
CURTIS SMITH
Curtis Smith r 5494 4
Registered Professional Land Surveyor
o`'�O
No. 5494 S
Exhibit A Page 2 of 2
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EXHIBIT ABU
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PARCEL No. 5 - a '35 30 .72
87`48 41 7,7
\ Ir
L-4i7 4 1 Ew
BLOCK R--F
HALLBROOK
ADDITION
VOLUME 388--114,
PACE 523
P.R.T.C.T.
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W a
('44 \ � 1r
107 4
a 35A,
M/WID HEkdASf AND ,'►
FATEMEH SADAR BASSAMPOUR ' �,, Q Iz
q VOLUME 1,3089, PACE 342 a SET R.O.W. I
j D.R,T.C,T, �J�\ 1 cn a
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1 SET SURW NAIL . SET YCLIT J
LU -U3
I WM WASHER
STAJ♦IPED PROPOSED �'� ''1 J� Q
I 'CORRON001{A' NIWthOF-IYAY Sa •x'CLTT
L-1 L—sEr 'x•cur
C— SET 'x'cvr RIGHT—OF—WAY
ACGUISM4 AREA
:T� 2.455' SO. FT. OR
CO R w'E70511 tii a.o�a AcRes
No -
COMCRETE 8x23 � ;;';,`.`�-.';`•;.;,
�'1 v � 20.00 0 o��..K y,-1. P.O..B• '
��� PUBLIC OPLl1 RIO 3 41R
SPACE EASEMENT
(80.D' R1�HT-OF'-WAY) VOLUME 7P.R.T C T,PACE 52a
1 v�1LF. & DESCAIPT}ON OF EVEN
bATE ACCOMPANIES THIS PLAT CLIFM T
1, ROW MARKERS ALONG PROPOSED CU CHD OEAA1 5150'RKT4R-OF-WAY UNf ARtr A S C- OD'44 90 87390a 828 aT 76
IRON ROD WA LIN AREA O-2 1a 48 bd 14 OS 34.44
STAMM Ql4R0100W UNLW C- 54.90 2J 0 A 37-21-37-k 24,3+1 24.51
°'"mmse Nmw 40 20 0 40
NQ'TE
AU• 8EAP1NQ9 AND COOOOMTES ARE REPEIIFJ= TO THC MM COOROMT6 AY5T . KAD--"
THE NORTH COORAL ZONE 42M ALL DISTANCES AND ARM SHOWN.ARE SURFACIr SCALE IN FEET
Eop V,o city c Fort Wor th
1000 THROCKWUNTON STREET • FORT WORM, TEXAS 75102
EX14It#IT T AS OWM OF
RIGHT-OF-WAY ACQUIS TTON S
LOT 4,.BLOCK R--F P
OF
HALLBROOK ADOMON Gt tl5 SM1
AN ADDITION TO THE CRY OF FORT WORTH, TARRAM COUNTY, TDLAS
AS RECORDED IN r' QG 5494
VOLUME 388-114, PAGE 523
PLAT RECORDS OF TARRANT COUNTY, TEXAS
PRQgECT, CAST ROSEDALE STREET IMPROWMENTS I Ca P OJ. N . Q0142 v
AC U SITI AREA 5 U RE FEU 9R 0.056 ACRES CURTIS SMITH
.108 Nq, FTII 12 DRAWN " SMp CAD f1LE FTL 1 01,Q0 SROW.OWO REGISTERED PROMMWKAL LAND 5URVEYOR
L1ATQ1 WAY I 2012 SCNF 1" 40 494
GORRONO" & ASSOCIATES, INC. • 1324 JA" NEWELL BOULEVARD SOUTH FORT WORTH, TX 71110 817-446-1424 FAX 817-490-1768
.;Ully 017
OLEO Its
vH 11,TRV.s:
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No.5 TE
CITY PROJECT No. 00142
1224 SOUTH AYERS AVENUE
LOT 4, BLOCK R-F, HALLBROOK ADDITION
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
EXHIBIT "C"
Being a temporary construction easement out of Lot 4, Block R-F of Hallbrook Addition, and
addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-114, Page
523 of the Plot Records of Tarrant County, Texas, said Lot 4 being deeded to Majid Hemasi and
Fatemeh Sadar Bassampour as recorded itt Volume 13089, Page 342 of the Deed Records of '
Tarrant County, Texas, said temporary construction easement being more particularly described
M Follows:
COMMENCING at a 314 inch iron rod found for the southeast corner of said Lot 4, said 314
inch iron rod being the intersection of the existing northerly right-of-way line of Avenue E (a
60.0' right-of-way) with the existing west right-of-way line of Ayers Avenue (a variable width
right-of-way); THENCE North 01 degrees 38 minutes 30 seconds East, with the east line of said
Lot 4 and with the existing west right-of-way line of said Ayers Avenue, a distance of 64,11 feet
to a R.O.W. marker set for the POINT OF BEGINNING of the herein described temporary
construction easement, said R.O.W. marker being the intersection of the existing west right-of-
way line of said Ayers Avenue with the proposed northerly right-of-way line of said Avenue E,
said R.O.W. marker also being the beginning of a non-tangent curve to the right having a radius
of 59.50 feet, a central angle of 23 degrees 36 minutes 08 seconds, and whose-chord bears South
37 degrees 21 ininutes.37 seconds West, a distance of 24.34 feet;
THENCE with said non-tangent curve to the right and with the proposed northerly right-of-way
line of said Avenue E, an are length of 24.51 feet to an"X"set in concrete for corner;
THENCE South 49 degrees 09 minutes 41 seconds West, with the proposed northerly right-of-
way of said Avenue E, a distance of 18.38 feet to an "X' set in concrete for the
beginning of a curve to the right having a radius of 51.50 feet, a central angle of 38
degrees t 8 minutes 48 seconds, and whose chord bears South 68 degrees 19 minutes
05 seconds West, a distance.of 33.80 feet;
THENCE with said curve to the right and with the proposed northerly right-of-way line of said
Avenue E, an arc length of 34.44 feet to an "X" set in concrete for the beginning of a
compound curve to the right having a radius of 486.50 feet, a central angle of 09
degrees 44 minutes 50 seconds, and whose chord bears North 87 degrees 39 minutes
06 seconds West,a distance of 82.66 feet;
THENCE with said compound curve to the right and with the proposed northerly right-of-way
line of said Avenue F., an arc length of 82.76 feet to an"X"set in concrete for corner;
Exhibit C Page I of 3
r ,I: !LCD iti
THENCE North 82 degrees 46 minutes 41 seconds West, with the proposed northerly right-of-
way line of said Avenue E, a distance of 7.76 feet to a survey nail with washer
stamped "GORRONDONA"set for corner in the west line of said Lot 4, said survey
nail with washer stamped "GOR.RONDONA" being in the east line of Lot 1 of said
Block R-F, from which an "X"in concrete found for the southwest comer of said Lot
4 bears South 01 degrees 38 minutes 30 seconds West, a distance of 4.72 feet, said
"X"in concrete being the most southerly southeast comer of said Lot 1;
THENCE North 01 degrees 38 minutes 30 seconds East, with the west line of said Lot 4 and
with the east line of said Lot I, a distance of 10.13 feet to a point for the beginning of
a non-tangent curve to the left having a radius of 476.50 feet, a central angle of 10
degrees 47 minutes 56 seconds, and whose chord bears South 87 degrees 07 minutes
33 seconds East, a distance of 89.68 feet;
THENCE with said non-tangent curve to the left, an arc length of 89.81 feet to a point for the
beginning of a compound curve to the left having a radius of 41.50 feet, a central
angle of 38 degrees 18 minutes 48 seconds, and whose chord bears North 68 degrees
19 minutes 05 seconds East, a distance of 27.24 feet;
THENCE with said compound curve to the left,an arc length of 27.75 feet to a point for comer;
THENCE North 49 degrees 09 minutes 41 seconds East, a distance of 18.38 feet to a point for
the beginning of a curve to the left having a radius of 49.50 feet, a central angle of 33
degrees 13 minutes 01 seconds, and whose chord bears North 32 degrees 33 minutes
10 seconds East, a distance of 28.30 feet;
THENCE with said curve to the left, an arc length of 28.70 feet to a point for corner;
THENCE North 15 degrees 56 minutes 40 seconds East, a distance of 26,01 feet to a point for
corner in the east line of said tot 4, said point being in the existing west right-of-way
line of said Ayers Avenue;
THENCE South 01 degrees 38 minutes 30 seconds West, with the east line of said Lot 4 and
with the existing west right-of-way line of said Ayers Avenue, a distance of 37.10
feet to the POINT OF BEGINNING, and containing 1,781 square feet or 0.041
acres of land, more or less.
Exhibit C Page 2 of 3
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) R.O.W. markers along proposed right-of-way line are 518 inch iron rod set with
blue cap stamped"GORRONDONA"unless otherwise noted.
(3) Bearings are referenced to the Texas Coordinate System, NAD-83, The North
Central Zone 4202,all distances and areas shown are surface.
Date: May 9,2012
� OF T
CUR71S SMITH
Curtis Smith �t pofi5444 parr Q
Registered Professional Land Surveyor + '1'p'• sstO"�,�
No. 5494 S UtZ�
Exhibit C Page 3 of 3
D:
,
UN T EXHIBIT r 11
U 6 DiSTAHt
L- + 48 09 41 7. PARCBI No. 5 T8
l- Y41141 7.7 � �`
N 0 '
4 4 IA,Me
L— I$ 44 C 24.01, %
-a 0138 3 .IO •. `�� "'`~�- ,. BLOCK R--F
`�' HALLBROOK
`c ADDITION_RwT 10° ``� VOLUME 388•-- 14,
UI �,
PACE szs
I �
P.R.T.C.T.
FATE1AOi
"ID SALIAR 0 `•A` �s``�� 9'E: WK-OF-WAY �.
a VOLUME 13089, PACE 34428 ���4rt �
u4 D.R.T.C.T,
Lu
TEMPORARY ti J �� �, +.:-; P.U,B,
r� sET R.D.W.
CONSTRUCTION �.'' ATARKER 8
L_3 EASEMENT AREA
SET SUA%SY NAIL 1.781 S0. FT, OR
WITH WASHER 0.041 ACRES
STAMPEDE #
`CORRONMIA' �b ��
S 01 !�;rr! C-4 �r ;'': SET XI .fir W
'3a'7o1M 4.77' +•'!x:'": �. Cllr J
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FND 'k' IN CONCRETE SET `TI'C11T T C� R1CW-OOF-NAY ice/ o v
L-2 SUSTM _
$w4ff-,OF WAY P.n.C.
AVENUE 6 CE EASEMENT E
(623 FND J 4"IR
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TAM
NOTI DELTA AkRU CHO 8 M CHORD LLNM ARC
1. A LWAL DOCA09M OF EM C-1 59, 23'3808 S 37121'37-W 2 24-41,
DATE AOCgAiPlJdl£S 1TtlS PLAt G- s .1 a 441 S 88 10 33.80 3i,
G 09'41 N 06 82.6A 82.70
2• POW VMRM ALUM PROMED 7 0.4788 S 8T07 891 89.e1
MOW-011`—My LINE AREA 5 t!' O— 41. 1 4e 19 OS 7.24 27.75
1RON ROD SET W N SLUE 33 1 ar N 3rs3 18 9 ,30 28.741
STAMPED 'Oommoom, Um-m
OT1ERWMC NOTM 40 20 0 40
Nom
ALL 6t;WWM AND COOROIIMM ARE AUERENCED TO THE MAS COORDINATE MT", IUD-S],
THE HOMM CENTRAL ZONE 42O4 ALL DISrANCU AND AREAS sl4(fM ARC SURFACL SCALE IN FEET
City of Fort Worth
1 OW r11ROCKMORTON STREET FWr WOMN. TEXAS 7e 182
DD99rr SHDWM or
TEMPORARY CONSTRUCTION WEMENT ' ti`1• ' T�`
0" or P.. a1srep•:f
LOT 4, BLOCK R—F ��y
.OF
HALLBROOK ADDITION CiJ TI-5 SMI H
AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RC=RDED IN r
VOLUME 388-114, PAGE 573
PLAT RECORDS OF TARRMT COUNTY, TDCAS
PROJECT: EAST R 51TtEET fMPROV MENTS t PROD No. 00142 S
AREA: 1 78 UAR F OR 0,041 ACRES CUR IS SMITH
R NO. Fla 1201.00 ORAWN 9Y SUP GD FTL FNI 12 I00 '5MI3Wa RECWTMED PROPEMW1L LANG SURVEYOR TS MAY 9 2012 EXF9 5f u e• 1' 40' ND §494
GORAONDONA.Er ASSOCIATES, INC. . 7524 JACK NEWELL 80ULEYARD SCUTH FART WORTH, TX, 741116 • 817-4911--1414 FAX 4117-496-116E
6 iR !A,(' (JINTY(;,'_Er^1I(
M&C Review Page I of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA fbirr%RTH
COUNCIL ACTION: Approved on 4/9/2013
DATE: 4/912013 REFERENCE L-15534 LOG NAME: 20ROWE6316HEMASI
NO.: BASSAMPOUR
CODE: L TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Condemnation by Eminent Domain of a Fee Simple Interest in 0.056 Acres of
Land for Right-of-Way and 0.041 Acres of Land for a Temporary Construction Easement
Located at 1224 South Ayers Avenue, Owned by Majid Hemasi and Fatemeh S.
Bassampour, for the East Rosedale Street Improvement Project(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the landowner to acquire a fee simple interest in
0.056 acres of land for right-of-way and 0.041 acres of land for construction, owned by Majid Hemasi
and Fatemeh S. Bassampour, and known as 1224 South Ayers Avenue, Lot 4, Block R-F, Hallbrook
Addition, City of Fort Worth, Tarrant County,Texas,according to the deed recorded in Volume
13089, Page 342, Deed Records, Tarrant County, Texas, were unsuccessful because of the inability
to reach an Agreement to purchase;
2. Declare the necessity to acquire the fee simple and temporary easement interests in the subject
property for the reconstruction of East Rosedale Street from U.S. 287 to west of Miller Avenue;
3. Authorize the City Attorney to institute condemnation by eminent domain proceedings for a fee
simple interest in 0.056 acres of land to be used for right-of-way and 0.041 acres of land for
temporary construction;
4. Authorize the payment pursuant to an award of commissioners and/or upon negotiated settlement
in lieu of condemnation by eminent domain; and
5. Authorize the acceptance and recording of appropriate instruments.
DISCUSSION:
The 2000 Critical Capital Program ogram and the 2004 Capital Improvement Program included funds for the
reconstruction of East Rosedale from U.S. 287 to West of Miller Avenue. The right-of-way and
temporary easement are necessary to construct a traffic roundabout in the East Rosedale, Ayers
Avenue and Avenue E intersection as part of the East Rosedale Street Improvements project.
A $16,150.00 offer and final offer based on an independent appraisal were made to the property
owner for the fee simple and easement interests. The owner failed to respond to either offer. $taff
therefore recommends moving forward with condemnation by eminent domain to acquire the needed
interests. Upon approval by City Council, Staff will proceed with acquiring the fee simple and
easement interests of the property.
Pr_ ooect
Parcel Address Legal Description Type of Property
No.
http://apps.cfwnet.org/council_packet/mc—review.asp?ID--I 8124&councildate--4/9/2013 4/11/2013
M&C Review Page 2 of 2
5 1224 South Ayers Lot 4, Block R-F 0.056 Acres for Right-of-Way
Avenue
Hallbrook Addition, Fort 0.041 Acres for Temporary
Worth Construction
To approve this Mayor and Council Communication, the Council Member making a motion to
authorize condemnation by eminent domain should say:
I move that the Fort Worth City Council authorize the use of the power of eminent domain to acquire
a fee simple interest in 0.056 acres of land for right-of-way and an easement interest in 0.041 acres
of land for temporary construction from Majid Hemasi and Fatemeh S. Bassampour, needed for the
East Rosedale Street Improvements Project, from the tract of land known as Lot 4, Block R-F,
Hallbrook Addition, Fort Worth,Tarrant County, Texas, also known as 1224 South Ayers
Avenue. The land rights will be used to construct a traffic round-about at the East Rosedale, Ayers
Avenue and Avenue E intersection. The necessary right-of-way is described by metes and bounds
and depicted by survey plats attached to this Mayor and Council Communication.
This property is located in COUNCIL DISTRICT 8, Mapsco 78L.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, Award of Commissioners, or negotiated settlement in lieu of condemnation, funds
are available in the current capital budget, as appropriated, of the Street Improvements 2008 Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C204 541100 205230014241 $0.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Deanna Cody(8379)
ATTACHMENTS
BASSAMPOUR MSC MAP.pdf
BASSAMPOUR ROW AND TCE EXHIBIT.pdf
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=I 8124&councildate=4/9/2013 4/11/2013
MAYOR AND COUNCIL COMMUNICATION MAP
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