HomeMy WebLinkAboutResolution 4542-12-2015 A Resolution
NO. 4542-12-2015
A RESOLUTION DETERMINING THE NECESSITY FOR ACQUIRING REAL
PROPERTY AND AUTHORIZING ITS APPROPRIATION OR
CONDEMNATION FOR PUBLIC USE
WHEREAS, the For Worth City Council on December 1, 2015, in M&C L-15838, ordered and
decreed that a public necessity existed for the acquisition of 0.0136 acres from a tract located at 10113
Scharf Road more particularly described in the exhibits attached to the above-referenced M&C; those
exhibits are incorporated herein for all purposes (the "Property");
WHEREAS,the Fort Worth City Council has determined that:
- the Property is needed for the Chapel Creek Bridge Project, a public project (the "Project");
- public necessity required the acquisition by donation, purchase, condemnation or otherwise
of the Property, located within the alignment of the Project;
- the use of the Property will be a public use; and
- that the Real Property Division of the Property Management Department was authorized to
acquire by negotiation the Property needed for the Project.
WHEREAS, negotiations for the purchase of said tract of land have been unsuccessful; and
WHEREAS, on this 1 st day of December, 2015, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Zim Zimmerman, to wit:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent
domain to acquire 0.0136 acres of land for a fee simple interest from John J.C. O'Shea, III, Kathleen
McClanahan a/k/a Kathleen O'Shea, Brian O'Shea, Kelley Duncan and family trusts created by John
O'Shea, Jr., needed for the Chapel Creek Bridge Project. The Fee Simple interest is described by metes
and bounds and depicted by survey exhibit attached to this Mayor and Council Communication (M&C).
The tract of land is located in Block H, Lot 6, Westland Acres Addition, Tarrant County, Texas, also
known as 10113 Scharf Road. The land rights will be used for the Chapel Creek Bridge Project.
Seconded by Kelly Allen-Gray,duly put and carried: RESOLUTION.
ORT WORT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
The City of Fort Worth, Texas, is authorized to use the power of eminent domain to acquire the
Property for the public use and inclusion in the Project; and
The City Attorney be and is hereby authorized and directed to file or cause to be filed, to spend
all reasonable and necessary legal expenses, and to carry through to final judgment proceedings in
eminent domain for the acquisition of the property interest listed above and attached to the M&C.
Adopted this 1St day of December, 2015. �� aa q�
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Parcel 4
Interstate Highway No. 30
CSJ: 0902-48-722
ROW CSJ: 0902-48-899
October 7, 2014
Page 1 of 3
EXHIBIT"A"
PROPERTY DESCRIPTION
BEING a 0.0136 acre (594 square feet) tract of land situated in the J.P. Huffaker Survey, Abstract
No. 819, in the City of Fort Worth,Tarrant County,Texas, and being part of a tract of land conveyed
by Distribution Deed to Rita M. O'Shea as Trustee of the O'Shea Marital Trust, and recorded in
Instrument No. D207377814 of the Deed Records of Tarrant County, Texas (D.R.T.C.T), and being
further described as pail of Lot 6 in Block H of"Westland Acres Addition", an addition to the City
of Fort Worth, Texas as recorded in Volume 388-G, Page 58 of the Plat Records of Tarrant County,
Texas(P.R.T.C.T.), and being more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2" iron rod with illegible plastic cap, controlling monument(CM), at
the northeast corner of Lot 6 and the northwest corner of Lot 7, Block H in said Westland Acres
Addition, and located in the existing south right of way line of Scharf Road (50' R.O.W.), same
being the northeast corner of said Rita M. O'Shea tract, and the northwest corner of Tract III as
conveyed to Eagles Nest Missionary Baptist Church by deed recorded in Instrument No.
D206312549 (D.R.T.C.T), from which point a found 1/2" iron rod (CM) at the northeast corner of
said Lot 7 and located in the existing northwesterly right of way line of Interstate Highway 30 (a
variable width right of way), bears South 89'35'52"East,a distance of 68.00 feet;
THENCE, South 00°26'21"West, departing the existing south right of way line of said Scharf Road
and along the common east line of said Lot 6 and the west line of said Lot 7,same being the east line
of said Rita M. O'Shea tract and the west line of said Eagles Nest Missionary Baptist Church tract,a
distance of 60.93 feet to a set 5/8" iron rod with pink plastic cap marked "TXDOT SURVEY
MARKER RIGHT OF WAY" (hereafter referred to as set 5/8" iron rod) located at the intersection
with the proposed northwesterly right of way line of Interstate Highway 30 (a variable width right of
way), and the POINT OF BEGINNING, at Station 907+10.83, 183.09 feet Left, having N.A.D. 83 I
(2011)Texas State Plane,North Central Zone(4202)surface coordinate of Northing 6950960.17 and
Easting 2275398.06;
C
1) THENCE, South 00"26'21"West, departing the proposed northwesterly right of way line of
said Interstate Highway 30 and continuing along the last stated common line, a distance of
8.67 feet to a found 1/2" iron rod with cap marked "Peiser RPLS 3588" at the intersection
with the existing northwesterly right of way line of said Interstate Highway 30, and being the
southeast corner of said Rita M. O'Shea tract and the southwest corner of said Eagles Nest
Missionary Baptist Church tract;
2) THENCE, South 61°16'23" West, departing the last stated common line and along the
common southeasterly line of said Rita M. O'Shea tract, the existing northwesterly right of
way line of said Interstate Highway 30, and an existing Access Denial Line, a distance of
77.87 feet to the intersection with the common west line of Lot 6 and the east line of Lot 5 in
said Westland Acres Addition, same being the southwest corner of said Rita M. O'Shea tract
and the southeast corner of a tract of land conveyed to C.E. Stewart,Etal by deed recorded in
Volume 11271, Page 273 (D.R.T.C.T), from which point a found 1/2" iron rod bears South
74°10'33"East, a distance of 0.60 feet;
i
I
Parcel 4
Interstate Highway No. 30
CSJ: 0902-48-722
ROW CSJ: 0902-48-899
October 7,2014
Page 2 of 3
3) THENCE, North 00°26'21"East, departing the existing northwesterly right of way line of
said Interstate Highway 30 and said existing Access Denial Line,and along the common west
line of said Lot 6 and the east line of said Lot 5, same being the west line of said Rita M.
O'Shea tract and the east line of said C.E. Stewart tract, a distance of 9.61 feet to a set 5/8"
iron rod at the intersection with the proposed northwesterly right of way line of said Interstate
Highway 30, for the beginning of an Access Denial Line, and being the beginning of a non-
tangent curve to the left;
4) THENCE, in a northeasterly direction, departing the last stated common line and along the
proposed northwesterly right of way line of said Interstate Highway 30, said Access Denial
Line, and said curve to the left, through a central angle of 03°32'17", having a radius of
500.00 feet, an arc distance of 30.88 feet, and a chord which bears North 62°56'50" East,
30.87 feet to a set 5/8"iron rod** at the end of said curve;
5) THENCE, North 61°10'42"East, continuing along the proposed northwesterly right of way
line of said Interstate Highway 30 and said Access Denial Line, a distance of 46.56 feet to the
POINT OF BEGINNING and containing 0.0136 acre (594 square feet) of land, more or
less, and being the end of this Access Denial Line.
Access is prohibited across the "Access Denial Line" to the highway facility from the adjacent
property.
** The monument described and set in this call may be replaced with a TxDOT Type II Right of
Way Marker upon the completion of the highway construction project under the supervision of a
Registered Professional Land Surveyor,either employed or retained by TxDOT.
Basis of Bearings is the Texas State Plane Coordinate System,North American Datum 1983 (2011),
Position(Epoch 2010),North Central Zone(4202).
All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing
by the TxDOT combined scale factor of 1.00012.
A survey plat of even date accompanies this description.
I,Marvin King, a Registered Professional Land Surveyor in the State of Texas,do hereby certify that
the land description and plat represent an actual survey made on the ground under my supervision.
Loz
Malvin King,RAO Date �
Texas Registration No. 5581 0 T
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Lina T.Ramey&Associates,Inc.
1349 Empire Central, Suite 900 " MaRVIN •K1NC''• •
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WESqAND ACRES ADD. - EAGLES NEST HISSIONARY
BAPTIST CHURCH
VOL 388-G, PG. 58 SCHARF ROAD TRACT M
OF WAY LINE Cu 66.00'
cy
0.061 AC THE O'SHEA
INST. *D206384865 UARITAL TRUST LOT 7
STA 907-10.83
--EXISTING RIGHT 183.09'LT
OF WAY LINE END ACCESS Goo
BLOCK H DENIAL VNE
LOT I
LOT 5
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1E1 flPLS J5861
CB-N6Z56WE CAP
LOT 2 PR6POSEO RIGHT OF WAY
BEGIN ACCESS
VENIAL LINE ACCESS DENIAL LINE 6 k:
VOL. 11271. PG. 273 NW262PE
0.0136 ACRES STATE OF TEXAS
FMI)Yz'lfi VOL. J625, PG. 344
BEARS SrfI0'JJ*E
I STATE OF
4.- TEX�\
4j EXISTING RIGHT OF WAY
& ACCESS DENIAL LINE STATE OF TEXAS VOL. 3587. PG. 535
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STATE-OF TEXAS
STATE OF TEXAS
VOL. 3597, PG. 166
STATE OF TEXAS
SURVEY
ABSTRACT NO. 019
NOTE,Legal dast:riaffon to accoapoal thts survay sketo GRAPHIC SCALE
NOTEl Basis of Bearings Is Ito Texas State Plate Coord1note System,North MWICan Datum MY2011).position
(8oXh 20101,North C&Vrol Z&V(4202).All C00rdlMles SWn are Surface unlojs aftwiss noted afd may to
0 -Sel I Inch Iron rod with pink plost/c cop morked <. OF
Tx r
0 Set It Inch Iron rod with plastic cop iwrked
CM Controlling mnumea RI TA M. O'SHEA
P.O.B. Point Of Beginning 5581
P.O.C. -pant Of ciammencing
Property Line 7 0.0136 AC.
D.R.T.C.T. Deed Records, Tarrant county. Texas STATE DIST. COUNTY
"Tie monument described end set In thIs call.may be replaced with a CONT. SECT. JOB HIGHWAY NO.
TxDOT type/I right or way rmrker upon lie complatten or lie righwoy —
construction project under Ito supervision of a registered professional ram
lond surveyor. either employed or retained by TxDOr. Dopwk-W 0902 48 899 1.H. 30
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MAYOR AND COUNCIL COMMUNICATION MAP
PM
D-6900-04-CONDEMN
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0 6001,200 2,400 Copyright 2012 City of Fort Worth. Unauthorized reproduction is a
Feet violation of applicable laws. This product is for informational purposes
and may not have been prepared for or be suitable for legal, engineering,
DOE#6900, Project#00901 or surveying purposes. It does not represent an on-the-ground survey
Parcel;4 and represents only the approximate relative location of property
boundaries. The City of Fort Worth assumes no responsibility for the
accuracy of said data.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 121112015 -Resolution No. 4542-12-2015
DATE: Tuesday, December 01, 2015 REFERENCE NO.: L-15838
LOG NAME: 21 PMD-6900-04-CONDEMN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain for a Fee Simple Interest on 0.0136
Acres of Land Owned by John J.C. O'Shea, III, Kathleen McClanahan a/k/a Kathleen O'Shea, Brian
O'Shea, Kelley Duncan and Family Trusts Created by John O'Shea, Jr. Located at 10113 Scharf Road for
the Chapel Creek Bridge Project, CPN No. 0901 (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the landowners to acquire a fee simple interest on
0.0136 acres of land for the Chapel Creek Bridge Project on property owned by John J.C. O'Shea, III,
Kathleen McClanahan a/k/a Kathleen O'Shea, Brian O'Shea, Kelley Duncan and family trusts created by
John O'Shea, Jr., located at 10113 Scharf Road, Fort Worth, Texas, were unsuccessful due to the owners'
inability to agree on their individual ownership interests as outlined in the title commitment (inability to
obtain clear title);
2. Declare the necessity to acquire a fee simple interest for the Chapel Creek Bridge Project;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the
property for the public use for the Chapel Creek Bridge Project;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the
described fee simple interest for the property;
5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and
6. Authorize the City Manager or his designee to accept and record appropriate instruments.
DISCUSSION:
The land rights in the subject property are needed for construction and expansion of Chapel Creek
Bridge. The improvements to the bridge will help decrease the traffic back up on Chapel Creek
Boulevard. An independent appraisal established fair market value for the land and improvements as
$891.00.
Negotiations were unsuccessful due to the owners' inability to agree on their individual ownership interests
as outlined in the title commitment (inability to obtain clear title). Upon approval, a Special
Commissioners' hearing will be brought to condemn and acquire the fee simple interest on the
property. The mineral estate will not be acquired. The judgment will contain a surface waiver for the
exploration of the mineral estate. Upon City Council approval, Staff will proceed with acquiring the needed
Logname: 21PMD-6900-04-CONDEMN Page 1 of 3
easements for the property ae shown below. Funds are available using funds transferred to the Grant
Capital Projects FundhomTronoportationGrantW1otnhFundointhe2000BondProgrom.
Parcel Legal Type o
No. [-Description Taking/Acres
John J. C. O'Shea, 111, Individually and as
Trustee of the John O'Shea, III k I
Descendant's Trust created by
Testament in the Will of John O'Shea, Jr.,
Kathleen McClanahan a/k/a Kathleen
O'Shea, Individually and as Trustee of
the Kathleen O'Shea Descendant's Trust Block H, Lot
10113 Fee Simple
04 created by Testament in the Will of John Scharf 6, Westland Interest/
O'Shea, Jr., Brian O'Shea, Individually Acres
and as Trustee of the Brian O'Shea Road Addition 0.0136
Descendant's Trust created by
Testament in the Will of John O'Shea, Jr.,
and Kelley Duncan, Individually and as
Trustee of the Kelly Duncan
Descendant's Trust created by
Testament in the Will of John O'Shea, Jr.
To approve this Mayor and Council Communication, the Council Member making a motion to authorize
condemnation by eminent domain should say:
| move that the Fort Worth City Council adopt the resolution authorizing use of the power ofeminent
domain to acquire 0.0138 oonao nf land for efee oinnp|o interest from John J.C. C>'8hao. |||. Kathleen
McClanahan u/k/a Kathleen [)'Ghoa. Brian O'Shea, >{e||ay Duncan and family trusts created by John
[)'Ghea. Jr.' needed for the Chapel Cnaah Bridge Project. The Fee Simple interest is described by metes
and bounds and depicted by survey exhibit attached to this Mayor and Council Communication (M&C).
The tract of land in located in Block H. Lot 6, Westland Aonao Addition, Tarrant County. Texeo, also known
ao1O113 Scharf Road. The land rights will be used for the Chapel Creek Bridge Project.
This property is located in COUNCIL DISTRICT 3, Mapaoo 62A.
CERTIFICATION:FISCAL INFORMATION /
The Financial Management Services Director certifies that funds are available in the current capital
budQet, oe appropriated of the Grants Capital Projects Fund.
Description Appropriation Pending Remaining
Encumbrances Balance
Bridge Grant Project
Chapel Creek
1~oguuo`o: 2{PMD-6q00-04'CON[)BMN Page 2o[3
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccounj Project JProgram l ctivity Budget Reference # mounl
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
[-31001 0200431 5710010 C00901 CO2141 $265,835.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Jesus J. Chapa (5804)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Leo Sumner (6349)
Logname: 21PMD-6900-04-CONDEMN Page 3 of 3