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Home My WebLink AboutResolution 4556-12-2015 A Resolution NO. 4556-12-2015 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-158471 ordered and decreed that a public necessity existed for the acquisition of an easement interest in 0.072 acres of land for sewer and temporary easement interest in 0.8531 acres of land for construction from a tract of land located at 6101 West Pioneer Parkway 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 Village Creek Parallel Interceptor Improvements Project (the "Project"); - public necessity required the acquisition by condemnation 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 Gyna Bivens to wit: I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire a permanent sewer facility easement on 0.072 acres of land and a temporary construction easement on 0.8531 acres of land on property owned by Big Tex Warehouse, Ltd., located at 6101 West Pioneer Parkway, needed for the improvements to the Village Creek Parallel Interceptor. The permanent and temporary easements to be acquired are described by metes and bounds and depicted by survey exhibits attached to this M&C. The tract of land is located in Tract 1 R1A, Lake Arlington Industrial Park Addition, Tarrant County, Texas, also known as 6101 West Pioneer Parkway. The subject property lies in both the cities ORT WORT of Fort Worth and Arlington. The land rights will be used for the Village Creek Parallel Interceptor Improvements Project area. Seconded by Kelly Allen -Grayduly put and carried: RESOLUTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 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. , 0 A0& 00000001 ATTEST: o °Ka, 0000000 , Mary J. Kayse ' *cr4Ary ORT ORT EXHIBIT"A" VILLAGE CREEK PARALLEL INTERCEPTOR DOE#7047- CITY PROJECT NO.01961 PARCEL 2-V PERMANENT SANITARY SEWER FACILITY EASEMENT BEING a 0.072 acre tract of land located in the Sarah G. Jennings Survey , Abstract No. 843, City of Fort Worth, Tarrant County,Texas, said 0.072 acre tract of land also being a portion of the remainder of TRACT 1-R1,LAKE ARLINGTON INDUSTRIAL PARK,being an Addition to the City of Arlington and the City of Fort Worth,Tarrant County, Texas, according to the plat thereof recorded in Volume 388-21,Page 41,Plat Records, Tarrant County, Texas (P.R.T.C.T.), said 0.072 acre tract of land also being a portion of a called 5.767 acre tract of land conveyed to BIG TEX WAREHOUSE, LTD., by deed as recorded in Tarrant County Clerk's Instrument No. D210313144, Official Public Records,Tarrant County,Texas (O.P.R.T.C.T.), said 0.072 acre tract of land being a variable width Permanent Sanitary Sewer Facility Easement, and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the east line of an existing 10 feet wide Utility Easement, as shown on said Lake Arlington Industrial Park plat and the south line of an existing Utility Easement, conveyed to the City of Fort Worth, by deed as recorded in Volume 7246, Page 750, Deed Records, Tarrant County, Texas, said beginning point also being South 11'41'16" West, a distance of 16.89 feet from the northwest property corner of said Tract 1-R l; THENCE South 81°12'45" East, along the said south line of the said Utility Easement (Volume 7246, Page 750),a distance of 94.19 feet to the west line of an existing 5 feet wide Utility Easement,as shown on the said Lake Arlington Industrial Park plat; THENCE South 10°32'38"West,along the said west easement line,a distance of 30.71 feet; THENCE North 89 030'27" West, departing said easement line, and over and across said Tract 1-RI, a distance of 23.65 feet to the northeast line of an existing 20 feet wide Right-of-Way agreement to Quicksilver Recourses (1) and Cowtown Pipeline Partners(2), by deed as recorded in Tarrant County Clerk's Instrument No.'s D208106475(1)and D208106476(2),O.P.R.T.C.T.; THENCE North 77 004'52" West, along the said north line of the Right-of-Way agreement, a distance of 80.43 feet to the intersection of the said north line and the said east easement line of the existing 10 feet wide Utility Easement, from which a 1/2 inch iron rod with a cap stamped `BEASLEY RPLS 4050"found at the southwest property corner of said Tract I-R1 bears South 29°56'55"West,a distance of 275.49 feet; THENCE North 28°54'31"East,along the said east easement line,a distance of 30.15 feet to the POINT OF BEGINNING. The hereinabove described tract of land contains 0.072 acres(3,130 square feet)of land more or less. Page 1 of 6 NOTE: The basis of bearings for this survey is the Texas State Plane NAD83 North Central Zone (4202). I do hereby certify that the above legal description was prepared from public records and from an actual and accurate survey upon the ground and that the same is true and correct. QF Q c c 5TERf0 9 I,ZOO/ ERIC S. SPOONER 22 'p P ' q F �oa•p`� Eric S.Spooner, RPLS Registered Professional Land Surveyor Texas Registration Number 5922 TBPLS Firm No. 10054900 Page 2 of 6 _ t, Cil wa Cl) G) -n I - / z CD M CO co m to m z qs th rn co AZ Cj od rA on co ta w | EXHIBIT`B" VILLAGE CREEK PARALLEL INTERCEPTOR 2DOE#7047-CITY PROJECT NO.01961 PARCEL 2-TEMPORARY CONSTRUCTION EASEMENT NO. 1 BEING 0.8531 acre tract of land located in the JA Creary Survey, Abstract No. 269, City of Arlington, Tarrant County, Texas, said 0.8531acre tract of land also being a portion of the remainder of TRACT 1-R1, LAKE ARLINGTON INDUSTRIAL PARK, being an Addition to the City of Arlington and the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-21, Page 41, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said 0.8531 acre tract of land also being a portion of a called 5.767 acre tract of land conveyed to BIG TEX WAREHOUSE, LTD., by deed as recorded in Tarrant County Clerk's Instrument No. D210313144, Official Public Records,Tarrant County,Texas (O.P.R.T.C.T.), said 0.8531 acre tract of land being a variable width Temporary Construction Easement, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the southwest property line of the said 5.767 acre tract,same being the northeast right-of-way line of East Rosedale Street (being a variable width right-of-way), said beginning point being South 61°05'29"East, a distance of 5.00 feet from a 1/2 inch iron rod with a cap stamped "BEASLEY RPLS 4050"found at the southwest property corner of the said 5.767 acre tract; THENCE over and across the said 5.767 acre tract the following courses and distances: North 28°54'31"East,a distance of 275.44 feet; South 77°12'27"East,a distance of 104.77 feet; South 89°39'31"East,a distance of 173.31 feet; South 80'07'14"East,a distance of 222.36 feet; North 89013'32"East,a distance of 22.17 feet to the east property line of the said 5.767 acre tract; THENCE South 00°58'31" West, along the said property line, a distance of 53.46 feet to a point for corner from which a 1/2 inch iron rod with a cap stamped`BEASLEY RPLS 4050"found at the southeast property corner of the said 5.767 acre tract bears South 00°58'31"West,a distance of 340.32 feet; THENCE departing the said property line, over and across the said 5.767 acre tract the following courses and distances: North 84°21'38"West,a distance of 413.93 feet; North 77012'27"West,a distance of 101.09 feet; South 28°54'31" West, a distance of 232.06 feet to the said southwest property line of the, same being the said northeast right-of-way line of East Rosedale Street; THENCE North 61 005'29"West,along the said property line and along the said right-of-way line,a distance of 30.00 feet to the POINT OF BEGINNING. Page 4 of 6 The hereinabove described property contains 0.8531 acres (37,160 square feet), of which 0.3297 acres (14,363 square feet) is currently located within the boundaries of existing easements, leaving a net area of 0.5234 acres(22,797 square feet)of land, more or less. NOTE:The basis of bearings for this survey is the Texas State Plane NAD83 North Central Zone(4202). I do hereby certify that the above legal description was prepared from public records and from an actual and accurate survey upon the ground and that the same is true and correct. F 0E T �P ��15TFgfF4. ........... ERIC S. SPOONER P P q FF '4.(:y0� O R Eric S.Spooner,RPLS Registered Professional Land Surveyor Texas Registration Number 5922 TBPLS Firm No. 10054900 Page 5 of 6 INDUSTRIAL PARK VOL. 388 CO ir N CO Cc- mom C4 50 co co cn rrl 0, AZ co EX. t5'DRAINAGEESUT, _ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/15/2015 - Resolution No. 4556-12-2015 DATE: Tuesday, December 15, 2015 REFERENCE NO.: L-15847 LOG NAME: 21 PMDBIGTEXCCONDEMN SUBJECT: Adopt Resolution Authorizing Condemnation by Eminent Domain for a Permanent Sewer Facility Easement on 0.072 Acres of Land and a Temporary Construction Easement on 0.8531 Acres of Land Owned by Big Tex Warehouse, Ltd., Located at 6101 West Pioneer Parkway for the Village Creek Parallel Interceptor Improvements Project (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the landowner to acquire a permanent sewer facility easement on 0.072 acres of land and a temporary construction easement on 0.8531 acres of land on property owned by Big Tex Warehouse, Ltd., located at 6101 West Pioneer Parkway were unsuccessful; 2. Declare the necessity to acquire the permanent and temporary easement interests for the Village Creek Parallel Interceptor Improvements 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 Village Creek Parallel Interceptor Improvements Project; 4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described permanent and temporary easement interests from the property owner; 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 to construct the necessary improvements for the Village Creek Parallel Interceptor Improvements Project. The project is required to construct, restore, and replace sewer and water mains in the area and will improve the service capacity to accommodate increased population and development to the area. A portion of the site is located in the City of Arlington, Texas (Boundary Split). An independent appraisal established fair market value for the land in the amount of$18,900.00. Negotiations were unsuccessful due to an inability to reach a mutually agreed-upon value for the property interest being acquired. Upon approval, a Special Commissioners' hearing will be brought to condemn and acquire the permanent and temporary easement interests 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 permanent and temporary easement Logname: 21PMDBIGTEXCCONDEMN Page 1 of 2 interests on the property as shown below. Funds are available in the Sewer Capital Projects Fund. __. -[Legal Description[Nor cel ddress Type of Taking/Acres a 6101 West rAr act 1 R1A Lake Permanent Sewer Facility Easement 2 Pioneer lin gton Industrial Park 0.072/Temporary Construction Parkway I� dition Easement 0.8531 To approve this Mayor and Council Communication (M&C) 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 a permanent sewer facility easement on 0.072 acres of land and a temporary construction easement on 0.8531 acres of land on property owned by Big Tex Warehouse, Ltd., located at 6101 West Pioneer Parkway, needed for the improvements to the Village Creek Parallel Interceptor. The permanent and temporary easements to be acquired are described by metes and bounds and depicted by survey exhibits attached to this M&C. The tract of land is located in Tract 1 R1A, Lake Arlington Industrial Park Addition, Tarrant County, Texas, also known as 6101 West Pioneer Parkway. The subject property lies in both the cities of Fort Worth and Arlington. The land rights will be used for the Village Creek Parallel Interceptor Improvements Project. This property is located in COUNCIL DISTRICT 5. A portion of site located in the City of Arlington, Texas (Boundary Split), Mapsco 80P. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and Award of Commissioners, funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. The Sewer Capital Projects Fund includes appropriations of$378,008.35 for the Village Creek Parallel Interceptor Improvements Project of which an amount of$249,954.97 has been expended leaving the fund with a project balance of$128,053.38. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department Accoun Project ProgramActivity Budget Reference # Amount ID I ID Year I (Chartfield 2) 596071 0700430 15710010 1 C01961 I I C01441 $18,900.00 CERTIFICATIONS: Submitted for City Manager's Office by- Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Lexington Wright (6645) Logname: 21PMDBIGTEXCCONDEMN Page 2 of 2 Copyright 1 of . Worth. . . ��l/ II111��1 ►, 11 • 11 11 1 :11,,. vyi��. IR reproduction • • of applicable product is ■ � ��jy� ry�� - for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey °.i. i== = .■_ �1 ors IIIII11 ,— ■rai�'�,R117�P1 � 1riw 'R . n•� • IA MM ■./.��1�9.riii � � g �� G`r so MM 00�. �' ��1�1 a•vu�li�lrr7rllrr u...��•w� f'JII ��n� �►-��11��;�� RR■pA �j !r•rlr`��L1i�L'1 •ii��iii n ll��,�;�� RNE =MEN•��..� �� ■ ' �� ✓• Mpg `,.cuatv�i-�:•...1�• .W��""� L'/G�•�III n �Zg Ow r 9" PERMANENT SANITARY S EWE r FACILITY EASEMENT ACQUISI EMENT 3,130 SQ.FEET �I� Q.FEET (0.072 ACRES) �� '� �f✓� �u'�/ ✓� k�1 ire�u HF ��^^�rc� ��r� f�i'�"'' u � � � � .. ' ��J/��I��' �b`f;�'i�,��y,��'��1 '� �fF n% �� ,✓v''�°/Ji` � � y uu�r`��V� err ��I, �d� s 9;��f�� 1/M/ ��1 ��l�fN/°'�l�>a!a i�,'�/�h�l,'�'ir�F✓�,y�� / ✓%°,ql ' �///� � h7 ��i✓i +✓ r � 1 �Qaw � w arvY 'ttMU ��'� i� J w%v"�,�� ,�%✓✓/n�y�'�� W' �� ✓� rt `�'"��hurl"�`"o J,)1� �/� "� v � 1p�1 H / ///"�fl.��'�yYJlu�1 i�'✓ � uj rc,r � „�i' �, � r / u reVl, � r i I. fi pp i i i � �"' L r (��!w ��p i✓��ilri'i,Pi is w5