HomeMy WebLinkAboutResolution 4543-12-2015 A Resolution
NO. 4543-12-2015
A RESOLUTION DETERMINING THE NECESSITY FOR ACQUIRING REAL
PROPERTY AND AUTHORIZING ITS APPROPRIATION OR
CONDEMNATION FOR PUBLIC USE
WHEREAS, the Fort Worth City Council on December 1, 2015, in M&C L-15839, ordered and
decreed that a public necessity existed for the acquisition of 0.065 acres for a permanent drainage
easement and 0.109 acres for a temporary construction easement from a tract located at 4700 Keller
Haslet 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 Huntington Estates Improvement 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 Permanent Drainage Facility
Easement and Temporary Construction Easement Sections of the Property Management
Department were authorized to acquire by negotiation the Property needed for the Project.
WHEREAS,negotiations for the purchase of said Property have been unsuccessful; and
WHEREAS, on this 1 st day of December, 2015, at a regular meeting of the Fort Worth City
Council, upon M otion of Councilmember Dennis Shin-1 to wit:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent
domain to acquire 0.065 acres of land for a permanent drainage facility easement and 0.109 acres of land
for a temporary construction easement from owner Coy Beauchamp, needed for the improvements to
Keller Haslet Road. The permanent drainage facility easement and temporary construction easement to
be acquired are described by metes and bounds and depicted by survey exhibit attached to this Mayor
and Council Communication. The tract of land is located in Abstract 265, Tract 10G, Jose Chirino
Survey, Tarrant County, Texas, also known as 4700 Keller Haslet Road. The land rights will be used for
the Huntington Estates Improvement Project.
Seconded by Gyna Bivens, 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. ��
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By: �44
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Mary J,,t s Secretary
ORTIURT
EXHIBIT"A"
PERMANENT DRAINAGE FACILITY EASEMENT
BEING A 0.065 ACRE TRACT OF LAND SITUATED IN THE JOSE CHIRINO SURVEY,
ABSTRACT NO. 265, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND
BEING PART OF A 4.393 ACRE TRACT OF LAND CONVEYED TO COY BEAUCHAMP,
AS RECORDED IN COUNTY CLERK'S FILE NO.D206229036, OFFICIAL PUBLIC
RECORDS, TARRANT COUNTY, TEXAS, SAID 0.065 ACRE TRACT WITH BEARING OF
BASIS BEING GRID NORTH TEXAS STATE PLANE COORDINATES,NORTH CENTRAL
ZONE,NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS
BETWEEN JULIAN DAY 253,2004 AND JULIAN DAY 259, 2004, CALCULATED FROM
COLLIN CORS ARP (PID-DF8982)AND DALLAS CORS ARP (PID-DF8984)AND THE ON
THE GROUND CONTROL LINE IS THE MONUMENTED WEST LINE OF A CALLED
10.00 ACRE TRACT OF LAND CONVEYED TO ROBERT HOOD,AS RECORDED IN
VOLUME 4266,PAGE 73, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY,TEXAS,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8"IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR
THE SOUTHWEST CORNER OF SAID 4.393 ACRE TRACT AND THE COMMON
SOUTHEAST CORNER OF A 5.00 ACRE TRACT OF LAND CONVEYED TO ROBERT
HOOD, BY DEED RECORDED IN VOLUME 4266, PAGE 75, OFFICIAL PUBLIC
RECORDS, TARRANT COUNTY,TEXAS, SAID POINT BEING ON THE NORTH LINE OF
THE TIMBERLAND,PHASE 1B ADDITION,AN ADDITION TO THE CITY OF FORT
WORTH, AS RECORDED IN CABINET A, SLIDE 11168, PLAT RECORDS, TARRANT
COUNTY,TEXAS, FROM WHICH A 1/2" IRON ROD WITH PLASTIC CAP STAMPED
"TW BARROW 1994"FOUND FOR THE SOUTHWEST CORNER OF SAID 10.00 ACRE
TRACT BEARS NORTH 89 DEGREES 52 MINUTES 43 SECONDS WEST, A DISTANCE
OF 566.96 FEET,AND A 1/2" IRON ROD FOUND FOR THE NORTHWEST CORNER OF
SAID 4.393 ACRE TRACT,AND THE COMMON NORTHEAST CORNER OF SAID 5.00
ACRE TRACT BEARS NORTH 00 DEGREES 06 MINUTES 20 SECONDS EAST,A
DISTANCE OF 1151.96 FEET;
THENCE,NORTH 00 DEGREES 06 MINUTES 20 SECONDS EAST,ALONG THE WEST
LINE OF SAID 4.393 ACRE TRACT,AND THE COMMON EAST LINE OF SAID 5.00
ACRE TRACT, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
THENCE, SOUTH 89 DEGREES 52 MINUTES 43 SECONDS EAST, OVER AND ACROSS
SAID 4.393 ACRE TRACT,A DISTANCE OF 189.15 FEET TO A POINT FOR CORNER ON
THE EAST LINE OF SAID 4.393 ACRE TRACT,AND THE COMMON WEST LINE OF A
TRACT OF LAND CONVEYED TO LARRY HUFFAKER,BY DEED RECORDED IN
VOLUME 8426,PAGE 1593, OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,
TEXAS;
THENCE, SOUTH 00 DEGREES 06 MINUTES 20 SECONDS WEST,ALONG SAID
COMMON LINE,A DISTANCE OF 15.00 FEET TO A POINT FOR THE SOUTHEAST
CORNER OF SAID 4.393 ACRE TRACT, AND THE COMMON SOUTHWEST CORNER OF
SAID HUFFAKER TRACT, SAID POINT BEING ON THE NORTH LINE OF AFORESAID
TIMBERLAND, PHASE IB ADDITION;
IASLD\WFXM5400\WFXM5400\600 DISCIPLINE\613 Survey\613.7 Legal Descriptions\WFXM5400EX01.docx
Page I of 3
THENCE, NORTH 89 DEGREES 52 MINUTES 43 SECONDS WEST,ALONG THE SOUTH
LINE OF SAID 4.393 ACRE TRACT,AND THE COMMON NORTH LINE OF SAID
TIMBERLAND,PHASE 1B ADDITION,A DISTANCE OF 189.15 FEET TO THE POINT
OF BEGINNING, CONTAINING A CALCULATED AREA OF 2,837 SQUARE FEET, OR
0.065 ACRES OF LAND.
A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY DESCRIPTION,
Elliott P. Busby, L.S. Date: 09/24/14
Registered Professional Land Surveyor
Texas Registration No. 5561
Jacobs Engineering Group, Inc.
7950 Elmbrook Dr _
Dallas, Texas 75429 S�P��OF
214-638-0145
ELLIOTT PAT BUSBY
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Page 2 of 3
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SCALE: 1' = 60' rn
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4.393 ACRE LARRY HUFFAKER
ROBERT HOOD w COY BEAUCHAMP VOLUME 8426, PAGE 1593
CALLED 5.00 ACRES C.C.# D206229036 O.P.R.T.C.T.
VOL. 4266, PG. 75 O.P.R.T.C.T.
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DIRECTIONAL CONTROL LINE —I O.d65 ACRES J
--- ----
3 N89'524 s W----`-- -- a 52 f 43 895f --
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7.5 UTILITY EASEMENT UTILITY EASEMENT
10'x10' UTILITY EASEMENT
CABINET A, SLIDE 11168 CABINET A, SLIDE 11168 CABINET A, SLIDE 11168
X P.R.T.C.T. P.R.T.C.T. P.R.T.C.T.
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LINE BEARING DISTANCE OF
V' PLASTIC CAP STAMPED "JACOBS" L1 N00'06'20"E 15.00' `Q;°icO�STE7, O 4
SET L2 SOO'06 20 W 15.00
CIRF CAPPED IRON ROD FOUND
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C)/ BEARING BASIS BEING GRID NORTH TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 S6 Rv
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JULIAN DAY 259, 2004, CALCULATED FROM COLLIN CORS ARP (PID-DF8982) AND DALLAS CORS ARP
:2 (PID-DF8984) AND THE ON THE GROUND CONTROL LINE IS THE MONUMENTED WEST LINE OF A CALLED
x 10.00 ACRE TRACT OF LAND CONVEYED TO ROBERT HOOD, AS RECORDED IN VOLUME 4266, PAGE 73,
OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS. , 1
CD DATE: 09/24/74 X n u I
O JACOBS
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SHEET SCALE: 1" = 6o PERMANENT DRAINAGE
W DRAWN BY: B.M.Y. FACILITY EASEMENT 1899 BRYAN STREET, SUITE 1200
Z Z DALLAS, TEXAS 75201-3136
/ 3 OF 3 OUT OF THE PHONE 214-638-0145 FAX 214-638-0447
CHECKED BY: E.P.B. CHIRINO SURVEY
WORTH, ARRNTTCOUNTY,STEXASHE
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EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
BEING A 0.109 ACRE TRACT OF LAND SITUATED IN THE JOSE CHIRINO SURVEY,
ABSTRACT NO. 265, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,AND
BEING PART OF A 4.393 ACRE TRACT OF LAND CONVEYED TO COY BEAUCHAMP,
AS RECORDED IN COUNTY CLERK'S FILE NO. D206229036, OFFICIAL PUBLIC
RECORDS,TARRANT COUNTY, TEXAS, SAID 0.109 ACRE TRACT WITH BEARING OF
BASIS BEING GRID NORTH TEXAS STATE PLANE COORDINATES,NORTH CENTRAL
ZONE,NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS
BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259,2004, CALCULATED FROM
COLLIN CORS ARP (PID-DF8982)AND DALLAS CORS ARP (PID-DF8984)AND THE ON
THE GROUND CONTROL LINE IS THE MONUMENTED WEST LINE OF A CALLED
10.00 ACRE TRACT OF LAND CONVEYED TO ROBERT HOOD,AS RECORDED IN
VOLUME 4266, PAGE 73, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY,TEXAS,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
i
COMMENCING AT A 5/8"IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET
FOR THE SOUTHWEST CORNER OF SAID 4.393 ACRE TRACT AND THE COMMON j
SOUTHEAST CORNER OF A 5.00 ACRE TRACT OF LAND CONVEYED TO ROBERT
HOOD,BY DEED RECORDED IN VOLUME 4266,PAGE 75, OFFICIAL PUBLIC
RECORDS, TARRANT COUNTY, TEXAS, SAID POINT BEING ON THE NORTH LINE OF
THE TIMBERLAND,PHASE 1B ADDITION,AN ADDITION TO THE CITY OF FORT
WORTH, AS RECORDED IN CABINET A, SLIDE 11168, PLAT RECORDS, TARRANT
COUNTY,TEXAS,FROM WHICH A 1/2"IRON ROD WITH PLASTIC CAP STAMPED
"TW BARROW 1994"FOUND FOR THE SOUTHWEST CORNER OF SAID 10.00 ACRE
TRACT BEARS NORTH 89 DEGREES 52 MINUTES 43 SECONDS WEST,A DISTANCE
OF 566.96 FEET,AND A 1/2" IRON ROD FOUND FOR THE NORTHWEST CORNER OF
SAID 4.393 ACRE TRACT,AND THE COMMON NORTHEAST CORNER OF SAID 5.00
ACRE TRACT BEARS NORTH 00 DEGREES 06 MINUTES 20 SECONDS EAST, A
DISTANCE OF 1151.96 FEET;
i
THENCE, NORTH 00 DEGREES 06 MINUTES 20 SECONDS EAST,ALONG THE WEST
LINE OF SAID 4.393 ACRE TRACT,AND THE COMMON EAST LINE OF SAID 5.00
ACRE TRACT,A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING;
I
THENCE,NORTH 00 DEGREES 06 MINUTES 20 SECONDS EAST, CONTINUING
ALONG SAID COMMON LINE,A DISTANCE OF 25.00 FEET TO A POINT FOR
CORNER;
THENCE, SOUTH 89 DEGREES 52 MINUTES 43 SECONDS EAST, OVER AND ACROSS
SAID 4.393 ACRE TRACT, A DISTANCE OF 189.15 FEET TO A POINT FOR CORNER ON
THE EAST LINE OF SAID 4.393 ACRE TRACT,AND THE COMMON WEST LINE OF A
TRACT OF LAND CONVEYED TO LARRY HUFFAKER, BY DEED RECORDED IN
VOLUME 8426, PAGE 1593, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY,
TEXAS;
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lASLD\WFXM5400\WFXM5400\600 DISCIPLINE\613 Survey\613.7 Legal Desciiptions\WFXM5400EX01T.docx
Pagel of 3
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THENCE, SOUTH 00 DEGREES 06 MINUTES 20 SECONDS WEST, ALONG SAID
COMMON LINE, A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER;
THENCE,NORTH 89 DEGREES 52 MINUTES 43 SECONDS WEST, OVER AND ACROSS
SAID 4.393 ACRE TRACT, A DISTANCE OF 189.15 FEET TO THE POINT OF
BEGINNING, CONTAINING A CALCULATED AREA OF 4,729 SQUARE FEET, OR 0.109
ACRES OF LAND.
A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY DESCRIPTION.
Elliott P. Busby, R.FiL. Date: 12/16/14
Registered Professional Land Surveyor
Texas Registration No. 5561
Jacobs Engineering Group, Inc. i
7950 Elmbrook Dr
Dallas, Texas 75429 OF
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214-638-0145
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ELLIOTT PAT BUSBY
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Page 2 of 3
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1/2"IRF
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SCALE: 1' = 60' rn
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4.393 ACRE LARRY HUFFAKER
ROBERT HOOD w COY BEAUCHAMP VOLUME 8426, PAGE 1593
CALLED 5.00 ACRES o C.C.# D206229036 O.P.R.T.C.T.
VOL, 4266, PG. 75 O.P.R.T.C.T.
O.P.R.T.C.T. o
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POINT OF
1/2"GIBE BEGINNING 25'
"TW BARROW 1994" c•1 4,729 S.F. 15' M j
(CM) POINT OF J 0.109 ACRES J
COMMENCING J N89°52 43 W 189.15
DIRECTIONAL CONTROL LINE
-- -----N89'52'43"W----t- CLR�-- - '-----------------
566.96' ----------- -- ----- -
10'x10' UTILITY EASEMENT 7.5 UTILITY EASEMENT 101x10' UTILITY EASEMENT
CABINET A, SLIDE 11168 CABINET A, SLIDE 11168 CABINET A, SLIDE 11168
P.R.T.C.T. P.R.T.C.T. P.R.T.C.T.
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32 33 34 i/
35 36 37 38
TIMBERLAND i
PHASE 1B i
CABINET A, SLIDE 11168 /
P.R.T.C.T.
— ---_ PANGOLIN_DRIVE
(A 50 IR HG T—OF—WA j
CIt
LEGEND 5/8" IRON ROD WITH YELLOW LINE BEARING DISTANCE .....F., T
PLASTIC CAP STAMPED "JACOB S" L1 N00°06'20"E 15.00' �Sn
SET L2 N00'06'20"E 25.00'
CIRF CAPPED IRON ROD FOUND L3 S00'06'20"W 25.00' °
IRE IRON ROD FOUND °ELLIOTT°PAT°BUSBY°
P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY,
TEXAS ° e..........................
5561
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, P°
TARRANT COUNTY, TEXAS °°'OPCs 5%.. O�
(CM) CONTROLLING MONUMENT 9N0° S U?,\j
BEARING BASIS BEING GRID NORTH TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83
(CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND
JULIAN DAY 259, 2004, CALCULATED FROM COLLIN CORS ARP (PID-DF8982) AND DALLAS CORS ARP
(PID-DF8984) AND THE ON THE GROUND CONTROL LINE IS THE MONUMENTED WEST LINE OF A CALLED
10.00 ACRE TRACT OF LAND CONVEYED TO ROBERT HOOD, AS RECORDED IN VOLUME 4266, PAGE 73,
OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS.
DATE: 12/16/74
EXHIBIT
SHEET SCALE: 1° = 60• TEMPORARY JACON@P%-p
CONSTRUCTION EASEMENT 1999 BRYAN STREET, SUITE 1200
z DRAWN BY: B.M.Y.
DALLAS, TEXAS 75201-3136 j
3 OF 3 OUT OF THE PHONE 214-638-0145 FAX 214-638-0447
CHECKED BY: E.P.B. JOSE CHIRINO SURVEY ABSTRACT NO. 265 IN THE
CITY OF FT. WORTH, TARRANT COUNTY, TEXAS
MAYOR AND COUNCIL COMMUNICATION MAP
HUNTINGTON ESTATES
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BEAUCHAMP EASEMENT
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Copyright 2015 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws.
This product is for informational purposes and may not have been prepared for or be DOE NO: 7324
suitable for legal,engineering,or surveying purposes.It does not represent CITY PROJECT NO: 02392
an on-the-ground survey and represents only the approximate relative location HUNTINGTON ESTATES
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 12/1/2015 - Ordinance No. 21983-12-2015 & Resolution
No. 4543-12-2015
DATE: Tuesday, December 01, 2015 REFERENCE NO.: L-15839
LOG NAME: 21 ROWE-7324-01-CONDEMN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain for a Temporary Construction Easement
on 0.109 Acres of Land and a Permanent Drainage Facility Easement on 0.065 Acres of Land Owned by
Coy Beauchamp Located at 4700 Keller Haslet Road for the Huntington Estates Improvement Project,
CPN No. 2392 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the landowner to acquire a temporary construction
easement on 0.109 acres of land and a permanent drainage facility easement on 0.065 acres of land for
water, sewer, paving, drainage and street light improvements on property owned by Coy Beauchamp
located at 4700 Keller Haslet Road, Fort Worth, Texas, were unsuccessful due to the non-responsive
communication with owner and owner's representative;
2. Declare the necessity to acquire the temporary construction easement and permanent drainage facility
easement for the Huntington Estates Improvement 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 Huntington Estates Improvement Project;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the
described temporary construction easement and permanent drainage facility easement for the property;
5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement;
6. Authorize the City Manager or his designee to accept and record appropriate instruments; and
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
TPW CFA Fund for revenue received through developer contributions in the amount of$25,224.00.
DISCUSSION:
The land rights in the subject property are needed in order to construct the necessary improvements for
CPN No. 2392 Huntington Estates Improvement Project which include adding drainage modifications.
An independent appraisal established fair market value for the land and improvements as
$23,224.00. Negotiations were unsuccessful due to non-responsive communication with the property
owner and the property owner's representative. Upon approval, a Special Commissioners' hearing will be
Logname: 21ROWE-7324-01-CONDEMN Page 1 of 2
brought to condemn and acquire the temporary construction easement and permanent drainage facility
easement for 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 easements for the property as shown below. Funds are available in the TPW CFA
Fund.
Parcel Address Legal Description Type of Taking/Acres
No.
01 4700 Keller Abstract 265, Tract 10G, Jose Permanent Drainage Facility
Haslet Road Chirino Survey Easement/ 0.065
Temporary Construction
Easement/ 0.109
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 adopt the resolution authorizing use of the power of eminent
domain to acquire 0.065 acres of land for a permanent drainage facility easement and 0.109 acres of land
for a temporary construction easement from owner Coy Beauchamp, needed for the improvements to
Keller Haslet Road. The permanent drainage facility easement and temporary construction easement to
be acquired are 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 Abstract 265, Tract 10G, Jose Chirino
Survey, Tarrant County, Texas, also known as 4700 Keller Haslet Road. The land rights will be used for
the Huntington Estates Improvement Project.
This property is located in COUNCIL DISTRICT 2, Mapsco 9W.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
adoption of the appropriation ordinance, and Award of Commissioners, funds will be available in the
current capital budget, as appropriated, of the TPW CFA Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # �mountl
ID ID Year Chartfield 2
FROM
Fund Department Accoun Project Programl ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jesus J. Chapa (5804)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Cloyde Jordan (2388)
Logname: 21ROWE-7324-01-CONDEMN Page 2 of 2