HomeMy WebLinkAboutResolution 4555-12-2015 A Resolution
NO. 4555-12-2015
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 15, 2015, in M&C L-15846, ordered
and decreed that a public necessity existed for the acquisition of a fee simple interest in 0.313 acres of
land fiom a tract of land located at 12744 Timberland Drive 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 Timberland Boulevard and Park Vista Boulevard 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, the City of Fort Worth will acquire the needed property interests to obtain clear
title; and
WHEREAS, on this 15th day of December 2015, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Dennis Shin lg eton to wit:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent
domain to acquire a fee simple interest in 0.313 acres of land on property owned by Geralyn A. Fortin
and Jean A. Fortin, located at 12744 Timberland Drive, needed for the improvements to Timberland
Boulevard. The fee simple interest to be acquired are described by metes and bounds and depicted by
survey exhibit attached to this M&C. The tract of land is located in Tract I IA02, Abstract 265 Jose
Chirino Survey, Tarrant County, Texas, also known as 12744 Timberland Drive. The land rights will be
used for the Timberland Boulevard and Park Vista Boulevard Project.
ORT WORT
Seconded by G_yna Bivens duly put and carried: RESOLUTION.
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 15th day of December, 2015. At on r 4�
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Being a tract of land situated in the J. Chirino Survey,Abstract No. 265,City of Fort Worth,Tarrant
County,Texas,and being a portion of that certain tract of land described to Geralyn A. Fortin and Jean A.
Fortin by instrument recorded in Instrument Number D212009358, Deed Records,Tarrant County,
Texas, (DRTCT)and being more particularly described by metes and bounds as follows:
BEGINNING at a Y2 inch iron rod found in the southerly right-of-way line of Timberland Drive(a variable
width right-of-way)for the common northwest corner of said Fortin tract and the northeast corner of
Lot 1,Block 2,Timberland Addition,an addition to Tarrant County,Texas as recorded in Volume 388-
183, Page 74, Plat Records,Tarrant County,Texas;
THENCE South 89055'18" East,along the common northerly line of said Fortin tract and said southerly
r|8ht'of-vvay line,a distance ofZ77.61 feet toaY2 inch iron rod found for the common northeast corner
of said Fortin tract and the northwest corner of a certain tract of land described to Reginald Young et us
Julie Young by instrument recorded in Instrument Number D211217854, DRTCT;
THENCE South 00003'31"West,along the common easterly line of said Fortin tract and the westerly line
of said Young tract,a distance of 48.66 feet to a 5/8 inch iron rod with cap stamped "SHIELD
ENG|NEER/NG"setinthepropoxedoouthedyd8ht'of-vvayUneofT/mbedand8ou|evard;
THENCE South O9"52'57"West,along said proposed southerly dQht-of-vvay line,a distance ofZ77.57
feet to a 5/8 inch iron rod with cap stamped"SHIELD ENGINEERING"set on the common westerly line of
said Fortin tract and the easterly line of the aforementioned Lot 1-
THENCE North 00*00'15" East,along the common westerly line of said Fortin tract and easterly line of
said Lot 1, a distance of 49.61 feet to the POINT OF BEGINNING and containing 13,639 square feet or
O.313 acres of land,more orless.
OF
ROW W. MYAW
EXHIBIT B
PARCEL No,2
0
68n
e Z ad STEVEN L. TOLAN
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JACK A. PEDERSEN ETUX ELENA K. TOLAN
zxi ETUX KAREN A. PEDERSEN
:)
0 17,;�: COUNTY CLERK'S FILING NO.
VOL. 8370, PC. 613, D.R.T.C.T. D210267643, D.R.T.C.T.
O -j
&
IRON
FOUND
EXISTING
RIGHT-OF-WAY
tJ' c5
TIMBERLAND DRIVE
POINT OF (A VARIABLE WIDTH RIGHT-OF-WAY)
BEGINNING
IRON Rd"rUl"
D FOUND
IT 1)FOUND EXISTING
CM RIGHT-OF-WAY LINE OF DIRECTIORAL CONTROL cm
S 89'55'18" E 277.61'
Bc
- PROPOSED TIMBERLAND BOULEVARD (D
0
0 (q to RIGHT-OF-WAY ACQUISITION 0
b b
a 13,639 SQUARE FEET OR 0.313 ACRES 0 z I-:
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0 Z Z,-:
ROW WAKEN S 89'52'57" W 277,57' zzmzi -
)?G:0�
LOT 1, BLOCK 2 ROW MARKER >-
J:3
TIMBERLAND ADDITION =)
VOL. 388-183, PG. 74, z I-IFZ
P.R.T.C.T. uxo-
GERALYN A. FORTIN AND JEAN A. FORTIN
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0i COUNTY CLERK'S FILING NO.
04
w D212009358, D.R.T.C.T.
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N. H. THEODORE
VOL, 14069, PG. 381, 0 50 100
D.R.T.C.T,
3/8'IRON &8'IRON
ROD FOUND G FOUND
City of Fort Worth
1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102
NOTES:
1. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. EXHIBIT SHOWING A
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY ARE 5/8'IRON RIGHT-OF-WAY ACQUISITION OUT OF A CALLED
RODS WITH CAP STAMPED 'SHIELD ENGINEERING* SET UNLESS
OTHERWISE NOTED. 3.58 ACRE TRACT OF LAND
3. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SITUATED IN THE
SYSTEM, NORTH CENTRAL ZONE, NAD '83. ALL DISTANCES ARE
SURFACE DISTANCES. J. CHIRINO SURVEY, ABSTRACT No. 265
AS RECORDED IN . . ... . . . .
4. CM = CONTROL MONUMENT. COUNTY CLERKS FILING No.D212009358
DEED RECORDS,TARRANT COUNTY,TEXAS <1 f
PROJECT: TIMBERLAND BOULEVARD CITY PROJECT No: 02288
ACQUISITION AREA: 13,639 SQUARE FEET OR 0,313 ACRES OF LAND, MORE OR LESS DATE: 02/09/2015 ROBERT W. BRYAN
REGISTERED PROFESSIONAL LAND
DRAWING: 1304301-PARCEL-2.dwg IDRAWN BY: JCW i CHECKED BY: RWB SURVEYOR No. 5508
SHIELD ENGINEERING GROUP, PLLC • Po BOX 470636 FORT WORTH, TEXAS 76147 • (817) 810-0696 •TBPE F-11039 ® TBPLS 10193890• @ 2015
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/15/2015 -;Resolution No. 4555-12-2015
DATE: Tuesday, December 15, 2015 REFERENCE NO.: L-15846
LOG NAME: 21 PMD2288FORTINCONDEMN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain for a Fee Simple Interest on 0.313 Acres
of Land Owned by Geralyn A. Fortin and Jean A. Fortin Located at 12744 Timberland Drive for the
Timberland Boulevard and Park Vista Boulevard Project (2014 BOND PROGRAM) (COUNCIL DISTRICT
7)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the landowner to acquire a fee simple interest on 0.313
acres of land on property owned by Geralyn A. Fortin and Jean A. Fortin located at 12744 Timberland
Drive were unsuccessful due to the owners' failure to respond to the City's final offer;
2. Declare the necessity to acquire the fee simple interests for the Timberland Boulevard and Park Vista
Boulevard 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 Timberland Boulevard and Park Vista Boulevard Project;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the
described fee simple interest from 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 subject property is needed to construct road widening improvements to Timberland Boulevard which
will be expanded from a two-lane undivided roadway to a four-lane divided arterial. Phase 1 of this project
will expand Timberland Boulevard from Park Vista Boulevard from West Caylor Road to Timberland
Boulevard and Timberland Boulevard from North Caylor Road to Park Vista Boulevard. Road
improvements will accommodate increased vehicular traffic due to population growth and ongoing
development in the area. This project is implemented in accordance with the City's Master Thoroughfare
Plan.
An independent appraisal established fair market value for the land in an amount of$37,500.00.
Negotiations were unsuccessful due to the owners' failure to respond to the City's final offer. Upon
approval, a Special Commissioners' hearing will be brought to condemn and acquire the fee simple
interests in the property. The mineral estate will not be acquired. The judgment will contain a surface
Logname: 21PMD2288FORTINCONDEMN Page 1 of 2
waiver for the exploration of the mineral estate. Upon City Council approval, Staff will proceed with
acquiring the needed fee simple interests on the property ea shown below. Funds are available inthe
3O14 Bond Program.
n ype of Taking/Acres
No. FT
Parcel
Address Legal Descriptio
�274��Tirri—berland ract 11A-02,—Abs-t—ract265 Jose Fe-e Simple Interest
IlDrive 'Chirino Survey P.313
To approve this Mayor and Council Communication /K8&C\ the Council Member making @ motion bJ
authorize condemnation by eminent domain should say:
| move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent
domain to acquire a fee simple interest in 0.313 acres of land on property owned by Geralyn A. Fortin and
Jean A. Fortin. located at 12744 Timberland Dr/ve, needed for the improvements to Timberland
Boulevard. The fee simple interest to be acquired are described by metes and bounds and depicted by
survey exhibit attached to this K8@C. The tract of land in located in Tract 11A02. Abstract 265 Jose Chirino
Survey, Tarrant County, Texas, also known oe12744 Timberland Drive. The land rights will be used for
the Timberland Boulevard and Park Vista Boulevard Project.
This property is located in COUNCIL [}|STFl|CT 7. Mapeco 32C.
CERTIFICATION:FISCAL INFORMATION I
The Financial Management Services Director certifies that funds are included in the Fiscal Year 2D15
Adopted Budget of the 2014 Bond Program pursuant to Ordinance No. 21457-08-2014 and funds are
uva||ob|o in the General Fund to pay expenses which will be incurred on this contract until reimbursement
can occur from the issuance of public 000uriUao.
Projected
FY15/16 Budget Total Approved EnGUmbrances/
DeSGription Appropriation Project Budget Expenditures [Remaining Balance
imberland
Boulevard and Park
ista Boulevard $11,763,214.00 $14,501,009.00 $1,967,131.00 $9,796,083.00
FUND IDENTIFIERS TO
Fund Department ccounj Project JProgram ctivity Budget Reference # moul
ID ID Year (Chartfield 2)
FROM
Fund Department Accoun Project ProgramActivity Budget Reference # Am�
ID I ID Year (Chartfield 2) 1
'
CERTIFICATIONS:Submitted for City Manager's Office by:
Jay Chapa (5804)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Lexington Wright (8645)
T.oguamc: 21PMl}2288P0RFINC0ND]BMN Page 2 of
MAYOR AND COUNCIL COMMUNICATION MA
M&C Log Name: 21 PMD2288FORTINCONDMN
Copyright 2012 City of Fort Worth. Unauthorized 0 5501,100 2,200 3,300 4,400
reproduction is a violation of applicable laws. This product is ET ROANOKE RP Feet
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PARCEL 2-ROW