HomeMy WebLinkAboutResolution 4580-01-2016 A Resolution
NO. 4580-01-2016
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 January 26, 2016, in M&C L-15859, ordered and
decreed that a public necessity existed for the acquisition of a fee simple interest in 0.295 acres of land
for right-of-way and 0.383 acres for a temporary construction easement from a tract located at 9632
Crowley Road, Fort Worth, Texas 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 Risinger Road from Crowley to McCart Avenue 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
- 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 26th day of January, 2016, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Kelly Allen-Gray 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 0.295 acres of land for right-of-way and 0.383 acres
for a temporary construction easement from property owned by Michael William Hawkins located at
9632 Crowley Road, needed for improvements to Risinger Road from Crowley Road to McCart
Avenue. The fee simple interest and temporary construction easement to be acquired are described by
metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication
(M&C). The tract of land is located in Abstract No. 1462, Tract 3C1, S.A. & M. G. RR. Co. Survey,
ORT WORT
Tarrant County, Texas, also known as 9632 Crowley Road. The land rights will be used for the
Risinger Road from Crowley Road to McCart Avenue Project, a public use.
Seconded by Ann Zadeh,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 26th day of January, 2016.
OR
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ORT WORT
PROJECT NAME: RISINGER ROAD FROM
CROWLEY ROAD TO MCCART AVENUE
PARCEL No.3 ROW
CITY PROJECT No. 02239
9632 CROWLEY ROAD,FORT WORTH,TEXAS
S.A. &M. G.RR. CO.SURVEY,ABSTRACT No. 1462
EXHIBIT"A"
Being a 0.295 acre tract of land situated in the S.A. &M. G. RR. Co. Survey,Abstract No. 1462,
City of Fort Worth, Tarrant County, Texas, said 0.295 acre tract of land being portion of a 5.00
tract of land (by deed) deeded to William King Hawkins as recorded in County Clerk File No.
D204302243 of the Official Public Records of Tarrant County, Texas, said 0.295 acre tract of
land being more particularly described by metes and bounds as follows:
COMMENCING at a 3/4 inch iron rod found for the southwest corner of Lot 1,Block 1, Clardy
Addition, an addition to the City of Fort Worth Tarrant County, as recorded in Volume 388-214,
Page 38 of the Plat Records of Tarrant County,Texas, said 3/4 inch iron rod being an the interior
ell corner in the east line of Lot 1,Block 1, Gibbs Industrial Addition, an addition to the City of
Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 6409 of said Plat Records of
Tarrant County,Texas;THENCE South 00 degrees 30 minutes 38 seconds East(radial bearing) a
distance of 300.91 feet to a 1/2 inch iron rod found for the northwest corner of said 5.00 acre
tract of land, said 1/2 inch iron rod also being an interior ell corner in the east line of said Lot 1,
Block I of Gibbs Industrial Addition; THENCE South 00 degrees 29 minutes 37 seconds East,
with the west line of said 5.00 acre tract of land and with the most southerly east line of said Lot
1,Block 1, Gibbs Industrial Addition,a distance of 193.41 feet to a point for the southeast corner
of said Lot 1,Block 1, Gibbs Industrial Addition, said point being in the most southerly east line
of a 40.2 acre tract of land deeded to Thomas D. Gibbs as recorded in Volume 14366, Page 199
of the Deed Records of Tarrant County, Texas; THENCE South 00 degrees 33 minutes 27
seconds East, with the west line of said 5.00 acre tract of land and with the most southerly east
line of said 40.2 acre tract of land, a distance of 164.78 feet to a ROW marker set for the POINT
OF BEGINNING of the herein described 0.295 acre tract of land, said ROW marker being in
the proposed north right-of-way line of West Risinger Road (an undedicated right-of-way), said
ROW marker being the beginning of a non-tangent curve to the left having a radius of 1145.00
feet, a central angle of 04 degrees 24 minutes 26 seconds and whose chord bears South 88
degrees 07 minutes 24 seconds East,a distance of 88.05 feet;
THENCE with the proposed north right-of-way line of said West Risinger Road and with said
non-tangent curve to the left, an are length of 88.08 feet to a ROW marker set for
corner;
Exhibit A Page 1 of 3
THENCE North 89 degrees 40 minutes 23 seconds East, with said proposed north right-of-way
Iine of West Risinger Road, a distance of 336.76 feet to a ROW marker set for the
intersection of the proposed north right-of-way line of said West Risinger Road, with
the existing northwesterly right-of-way line of Crowley Road (F.M. Hwy 731, a
variable width right-of-way), said ROW marker being in the southeast line of said
5.00 acre tract of land;
THENCE South 45 degrees 00 minutes 21 seconds West,with the southeasterly lime of said 5.00
acre tract of land and with said existing northwesterly right-of-way line of said
Crowley Road, a distance of 23.60 feet to a point for cozener, said point being the
beginning of a non-tangent curve to the left having a radius of 1372.59 feet, a central
angle of 00 degrees 46 minutes 20 seconds and whose chord bears South 44 degrees
37 minutes 11 seconds West, a distance of 18.50 feet;
THENCE with the southeasterly line of said 5.00 acre tract of land, with the existing
northwesterly right-of-way line of said Crowley Road and with said non-tangent curve
to the left, an are length of 18.50 feet to a point for the southeast comer of said 5.00
acre tract of land,said point being in said West Risinger Road;
THENCE South 89 degrees 13 minutes 55 seconds West, with the south line of said 5.00 acre
tract of land and with said West Risinger Road,a distance of 394.76 feet to a point for
the southwest comer of said 5.00 acre tract of land, said point being in said West
Risinger Road;
THENCE North 00 degrees 33 minutes 27 seconds West, with the west line of said 5.00 acre
tract of land,passing at a distance of 0.49 feet a point for the southeast corner of said
40.2 acre tract of land, passing at a distance of 32.56 feet, a 5/8 inch iron rod found
for reference, in all, a distance of 36.11 feet to the POINT OF BEGINNING and
containing 12,861 square feet or 0.295 acres of land,more or less.
Exhibit A Page 2 of 3
Notes:
(1) A plat of even survey date accompanies this legal description.
(2) ROW Markers along proposed right-of-way line are 5/8 inch iron rod set with
cap stamped"GORRONDONA"unless noted otherwise.
(3) All bearings and coordinates are referenced to the Texas Coordinate System,
NAD-83, The North Central Zone 4202. All distances and areas shown are
surface.
Date: March 9,2015
OF
Curtis Smith
Registered Professional Land Surveyor CURTIS SMITH
5494 ss
No. 5494 . p F0 Q`Sf
Texas Firm No. 10106900 �� """"......
SUR
Exhibit A Page 3 of 3
EXHIBIT "B "
'f PARCEL No. 3 ROW
(( LOT f,
BLOCK f
CLARDY ADDITION 5 ' UTILITY EASEMENT
( VOLUME 388-2f4, PAGE 38 388-214, PAGE 36
( P.R.T.C.T. P.R,T.C.T.
I— — — —— — ——— — — — — —— — —/VO160ME
—— — — — — ——— —
i
P.O.C.
FND 3/4"IR
i
1
1 LOT f
BLOCK f
o GIBBS INDUSTRIAL ADDITION
CABINET A, SLIDE 6409
W m P.R.T.C.T.
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.n 100 50 0 _ 100
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I SCALE IN FEET
1
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S. A. & M. G. RR. CO. SURVEY
ABSTRACT No. 1462
W) 5.00 ACRES (BY DEED)
WILLIAM KING HAWKINS
m( C.C.F. No. D204302243
NI O.P.R.T.C.T.
0
MATCH LINE
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2, ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8' IRON ROD SET
WITH BLUE CAP STAMPED 'GORRONDONA' UNLESS OTHERWISE NOTED.
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS
SHOWN ARE SURFACE.
OR'l'WORT City of Fort Worth
1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102
EXHIBIT SHOWING
RIGHT—OF—WAY ACQUISITION OF TF
O 5.00 ACRE TRACT OF LAND Qf�.
SITUATED IN THE _ lP
S. A. & M G. RR. CO. SURVEY, ABSTRACT NO. 1462 WµCURTIS SMITW"—
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS _ S
AS RECORDED IN µ(" �~ 5494~ ;
COUNTY CLERK'S FILE No. D204302243oF ` p
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
PROJECT: RISINGER RD FROM CROWLEY RD TO McCART AVE. I CITY PROJ. No. 02239 S
ACQUISITION AREA: 12,861 SQUARE FEET OR 0.295 ACRES CURTIS SMITH
JOB No. HALF1403.00 DRAWN BY: JLC CAD FILE: 03 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 9, 2015 EXHIBIT B PAGE 1 OF 2 SCALE: 1"=100' NO. 5494 TEXAS FIRM No. 10106900
GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
EXHIBIT "B "
MATCH LINE PARCEL No. 3 ROW
W
LOT i, BLOCK 1
CIBBS INDUSTRIAQM CURVE TABLE LINE TABLE
ADDITION a"� CURVE RADIUS DELTA BEARING CHORD ARC LINE BEARING DISTANCE
CABINET A, SL/DE °0 C-1 1145.00' 04'24'26" S 88'07'24'E 86.0 88.08' L-1 S 45'00'21 1Y 23,60'P.R.T.C.T. N C-2 1372.59' 00'46'20" S 4437'11"W 18.50' 18.50' L-2 N 00'33'27W 36.11'
WmFr o ° 5.00 ACRES (BY DEED) S. A. & M. G. RR. CO. SURVEY
Www�u omQ WILLIAM KING HAWKINS ABSTRACT No. 1462 00 W z='n¢ > C a n C.C.F. No. D204302243
2o,,.6ati mpoc� m
�) O.P.R.T.C.T. RIGHT-OF-WAY
cd
o W Eon'm o o W ACQUISITION AREA P
Z W a=W N 12,861 SQ. FT.
CIE`Wq� N~� M P•d•B• OR 0.295 ACRES
°o o t o oa o Mo SET ROW
> SEE > o MARKER PROPOSED GQ
DETAIL"A" RIGHT-OF-WAY
�_ C-1 MAARRKER N 89'40'23'E 336.76' MARKER
N
L-
1
1
J
_ C-2
— —�--- :' ^ S 89'13'55"W 394.76'
APPROXIMATE LOCATION
— — ——_ E WEST RISINGER ROAD OF SURVEY LINE
Ld
w M (AN UNDEDICATED RIGHT-OF-WAY) Q 1�
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TRACT 1 O fk: N
to 2.268 ACRES (BY DEED)
G' ALLEN S, BAUMGARDNER, SR. & \\ p~
Z JUDY A BAUMGARDNER / IV
J VOLUME 14124, PAGE 371 O
U Q D.R.T.C.T. 1 O� .Z``0 Z
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`O b a0 EXISTING
OF-WAY Q cc
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PARCEL No. 0 1 3 100 550 0 100 ::'P.O.B. C-1 a
3 ROW ao —
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SCALE IN FEET ' AT 32.56'
SUBJECT TRACT & Z _!:•::;•r.;i: ;;r';;%`• "ir<
LOCATION OF ACQUISITION
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
PASSING AT
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/8" IRON ROD SET 0.49', A POINT
WITH BLUE CAP STAMPED 'GORRONDONA' UNLESS OTHERWISE NOTED. FOR SE COR.
•••..40.2 ACRE TR•,;.•�"•.
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE ""
................
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS DETAIL"A"
SHOWN ARE SURFACE. NOT TO SCALE
ORTWORT City of Fort Worth
1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102
EXHIBIT SHOWING
RIGHT-OF-WAY ACQUISITION �E„OF T�
OUT OF A ,�P:'�\STfR•. f9
5.00 ACRE IITUTEDDIINiNOF LAND �� Fa;.
S. A. & M. G. RR. CO. SURVEY, ABSTRACT NO. 1462 - CURTIS SMITH
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS , ,
AS RECORDED IN <m 5494 Qz.
COUNTY CLERK'S FILE No. D204302243
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
PROJECT: RISINGER RD FROM CROWLEY RD TO MCCART AVE. CITY PROJ. No. 02239 S U
ACQUISITION AREA: 12,861 SQUARE FEET OR 0.295 ACRES 'CUR IS SMITH
JOB No. HALF1403.00 DRAWN BY: JLC CAD FILE: 03 ROW,DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 9, 2015 EXHIBIT B PAGE 2 OF 2 SCALE: 1"-100' NO. 5494 TEXAS FIRM No. 10106900
GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
PROJECT NAME: RISINGER ROAD FROM
CROWLEY ROAD TO MCCART AVENUE
PARCEL No.3 TCE
CITY PROJECT No. 02239
9632 CROWLEY ROAD,FORT WORTH,TEXAS
S.A. &M.G.RR. CO.SURVEY,ABSTRACT No. 1462
EXHIBIT"A"
Being a temporary construction easement situated in the S.A. &M. G.RR. Co. Survey,Abstract
No. 1462, City of Fort Worth, Tarrant County, Texas, said temporary construction easement
being portion of a 5.00 tract of land (by deed) deeded to William King Hawkins as recorded in
County Clerk File No. D204302243 of the Official Public Records of Tarrant County, Texas,
said temporary construction easement being more particularly described by metes and bounds as
follows:
COMMENCING at a 3/4 inch iron rod found for the southwest corner of Lot 1,Block 1, Clardy
Addition,an addition to the City of Fort Worth Tarrant County, as recorded in Volume 388-214,
Page 38 of the Plat Records of Tarrant County, Texas, said 3/4 inch iron rod being an the interior
ell corner in the east line of Lot 1, Block 1, Gibbs Industrial Addition, an addition to the City of
Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 6409 of said Plat Records of
Tarrant County,Texas; THENCE South 00 degrees 30 minutes 38 seconds East(radial bearing)a
distance of 300.91 feet to a 1/2 inch iron rod found for the northwest corner of said 5.00 acre
tract of land, said 1/2 inch iron rod also being an interior ell corner in the east line of said Lot 1,
Block 1 of Gibbs Industrial Addition; THENCE South 00 degrees 29 minutes 37 seconds East,
with the west line of said 5.00 acre tract of land and with the most southerly east line of said Lot
1,Block 1, Gibbs Industrial Addition,a distance of 193.41 feet to a point for the southeast corner
of said Lot 1,Block 1, Gibbs Industrial Addition, said point being in the most southerly east line
of a 40.2 acre tract of land deeded to Thomas D. Gibbs as recorded in Volume 14366, Page 199
of the Deed Records of Tarrant County, Texas; THENCE South 00 degrees 33 minutes 27
seconds East, with the west line of said 5.00 acre tract of land and with the most southerly east
line of said 40.2 acre tract of land, a distance of 92,50 feet to the POINT OF BEGINNING. of
the herein described temporary construction easement;
THENCE North 89 degrees 40 minutes 23 seconds East, a distance of 80.59 feet to a point for
corner;
THENCE South 68 degrees 24 minutes 43 seconds East, a distance of 149.15 feet to a point for
corner;
THENCE North 89 degrees 40 minutes 23 seconds East, a distance of 175.20 feet to a point for
corner;
THENCE South 00 degrees 19 minutes 37 seconds East,a distance of 5.00 feet to a point for
corner;
Exhibit A Page 1 of 2
THENCE North 89 degrees 40 minutes 23 seconds East,a distance of 46.06 feet to a point for
corner in the existing northwesterly right-of-way line of Crowley Road(F.M.Hwy
731,a variable width right-of-way),said ROW marker being in the southeast Iine of
said 5.00 acre tract of land;
THENCE South 45 degrees 00 minutes 21 seconds West,with the southeasterly line of said 5.00
acre tract of land and with the existing northwesterly right-of-way line of said
Crowley Road, a distance of 21.34 feet to a ROW marker set for the intersection of
the existing northwesterly right-of-way line of Crowley Road with the proposed north
right-of-way line of West Risinger Road(an undedicated right-of-way);
THENCE South 89 degrees 40 minutes 23 seconds West, with the proposed north right-of-way
line of said West Risinger Road, a distance of 336.76 feet to a ROW marker set for
the beginning of a curve to the right having a radius of 1145.00 feet, a central angle of
04 degrees 24 minutes 26 seconds and whose chord bears North 88 degrees 07
minutes 24 seconds West, a distance of 88.05 feet;
THENCE with the proposed north right-of-way line of said West Risinger and with said curve to
the right, an are length of 88.08 feet to a ROW marker set for corner in the west line
of said 5.00 acre tract of land, said point being in the east line of said 40.2 acre tract
of land, from which a 5/8 inch iron rod found for reference bears South 00 degrees 33
minutes 27 seconds East,a distance of 3.56 feet;
THENCE North 00 degrees 33 minutes 27 seconds West, with the west line of said 5.00 acre
tract of land and with the east line of said 40.2 acre tract of land, a distance of 72.28
feet to the POINT OF BEGINNING and containing 16,687 square feet or 0.383
acres of land,more or less.
Notes:
(1) A plat of even survey date accompanies this legal description.
(2) ROW Markers along proposed right-of-way line are 5/8 inch iron rod set with
cap stamped"GORRONDONA"unless noted otherwise.
(3) All bearings and coordinates are referenced to the Texas Coordinate System,
NAD-83, The North Central Zone 4202. All distances and areas shown are
surface.
Date: March 9,2015 OF
Curtis Smith
CURTIS SMITH
Registered Professional Land Surveyor ;G
f
No. 5494 °"-Ss
Texas Firm No. 10106900 5 U R
Exhibit A Page 2 of 2
EXHIBIT "B "
" PARCEL No. 3 TCE
LOT 1,
BLOCK 1
CLARDY ADDITION 5.0' UTILITY EASEMENT
VOLUME 388-214, PACE 38 VOLUME 388-214, PAGE 38
' P.R.T.C.T. P.R.T.C.T.
L_— — — _ ---------
,
I P.0.C.
FND 3/4"IR
i
I
I
LOT 1
BLOCK 1
o
GIBES INDUSTRIAL ADDITION
,°� CABINET A, SLIDE 6409
W m P.R.T.C.T.
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100 50 0 100
I
SCALE IN FEET
I
,
I
FND R —
:� S. A. & M. G. RR. CO. SURVEY
m ABSTRACT No. 1462
5.00 ACRES (BY DEED)
WILLIAM KING HAWKINS
C.C.F. No. D204302243
N� O.P.R.T.C.T.
0
In
AMTCS LINE
NOTES: PARCEL No.
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 3 TCE
2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8" IRON ROD SET
WITH BLUE CAP STAMPED "GORRONDOW UNLESS OTHERWISE NOTED,
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SUBJECT TRACT &
SHOWN ARE SURFACE,
LOCATION OF EASEMENT
FonWo"H City of Fort Worth
1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102
EXHIBIT SHOWING
A OF
TEMPORARY CONSTRUCTION EASEMENT
OUT OF A �Q.• G\STFR .
5.00 ACRE TRACT OF LAND :Q a 9'
SITUATED IN THE _
S. A. & M. G. RR. CO. SURVEY, ABSTRACT NO. 1462 CURTIS SM.IT_H
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
AS RECORDED IN �r5494
COUNTY CLERK'S FILE No. D204302243
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
PROJECT: RISINGER RD FROM CROWLEY RD TO McCART AVE. CITY PROJ. No. 02239 S U
ACQUISITION AREA: 16 687 SQUARE FEET OR 0.383 ACRES CU IS SMITH
JOB No. HALF1403.00 IDRAWN BY: JLC CAD FILE: 03 TCE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 9. 2015 1 EXHIBIT B PAGE 1 OF 1 SCALE f--100' IND. 5494 TEXAS FIRM No. 10106900
GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
EXHIBIT "B "
MATCH LINE PARCEL No. 3 TCE
!a LINE TABLE
LOT 1, BLOCK l LINE BEARING DISTANCE
GIBBS INDUSTRIAL m It CURVE TABLE L-1 S 0019'37"E
ADDITION `� CURVE RADIUS DELTA BEARING CHORD ARC L-2 N 89'40'23"E 46.06'
CABINET A. SLIDE 6409 °o C-1 1145.00' 04'24'26" N E-124'W 88.05' 86.08' L-3 S 45'00'21'Y/ 21.34'
P.R.T.C.T. N
— — L-4 N 00'33'27w 1 72.28'
W 5.00 ACRES (BY DEED) S. A. & M. G. RR. CO. SURVEY
WILLIAM KING HAWKINS ABSTRACT No. 1462
C.C.F. No. D204302243
40.2 ACRES (BY DEED) o m O.P.R.T.C.T. TEMPORARY
THOMAS D. GIBBS V) N 89'40'23"E CONSTRUCTION
VOLUME D.R T,C.T.AGE 199 $G 59' 3 EASEMENT AREA
6 6 68 S o
P.O.B. •;:.:;�.,443� OR 0.383 ACRES r. ���
ii�:di:•;�. 4
5
a •::�. 3" 175.20
S ET ROW
N 89'40 2 E
............................................................................................
MAR KE
R
L-3
FND 5/8"IR BRS, PROPOSED S 89'40'23"W 336.76' SET ROW
S 00'33'27"E-3.56' RIGHT-OF-WAY
—�7 --�� W — —�—� � APPRO IX�MATE LOCATION J�
___ MA Row WEST RISINGER ROAD OF SURVEY LINE
_ MARKER
(AN UNDEDICATED RIGHT-OF-WAY) Q r La
TRACT 1 '0 ZN W
2.266 ACRES (BY DEED) 90 o ::) O
o z ALLEN S. BAUMGARDNER, SR. & ^ h� (n
o W JUDY A BAUMGARDNER
w ��
w c� VOLUME 14124, PAGE 371 2 Z
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PARCEL No.
NOTES: 3 TCE
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/8" IRON ROD SET
WITH BLUE CAP STAMPED 'GORRONDONA" UNLESS OTHERWISE NOTED.
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SUBJECT TRACT &
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS LOCATION OF EASEMENT
SHOWN'ARE SURFACE.
ORTWORT City Of Fort Worth
1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102
EXHIBIT SHOWING
TEMPORARY CONSTRUCTION EASEMENT �E,. F.,,T�
OUT 5.00 ACRE TRACT OF LAND �QQ��.� Fpo -7
SITUATED IN THE _
S. A. & M. G. RR. CO. SURVEY, ABSTRACT NO. 1462 CURTIS SMITH
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
AS RECORDED IN
COUNTY CLERK'S FILE No. D204302243 .,OA- 94
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
PROJECT: RISINGER RD FROM CROWLEY RD TO McCART AVE. I CITY PROD. No. 02239
ACQUISITION AREA: 16,687 SQUARE FEET OR 0.383 ACRES CURTIS SMITH
JOB No. HALF1403.00 DRAWN BY: JLC I CAD FILE: 03 TCE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 9, 2015 EXHIBIT B PAGE 1 OF 7 Ise ALE: 1"=100' N0. 5494 TEXAS FIRM No. 10106900
GORRONDONA &ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
MAYOR AND COUNCIL COMMUNICATION
Crowley Road, Fort Worth, TX 76134
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- TEMPORARY CONSTRUCTION EASEMENT
16,687 SQ.FT.(0.383 ACRES)
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Legend CITY PROJECT#02239 RISINGER ROAD PARCEL 3 ROW+3 TCE
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Proposed ROW Source/Year of Aerial Photograph:NCTCOG/2015
This ma Is for informational purposes and may not have been prepared for or be suitable for legal,engineering,
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Proposed Temporary Construction Easement or surveying purposes.It does not represent an on-ground survey and represents only the approximate
relative location of property boundaries.Halff Associates assumes no responsibility for the accuracy of said data.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/2612016 -Resolution'' No. 4580-01-2016
DATE: Tuesday, January 26, 2016 REFERENCE NO.: L-15859
LOG NAME: 21 PMD 2239-03-CONDEMN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire a Fee Simple Interest in 0.295
Acres of Land for Right-of-Way and 0.383 Acres for a Temporary Construction Easement from Property
Owned by Michael William Hawkins Located at 9632 Crowley Road for the Risinger Road from Crowley
Road to McCart Avenue Project (2014 BOND PROGRAM) (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare the negotiations between the City and landowner to acquire a fee simple interest in 0.295
acres for right-of-way and 0.383 acres for a temporary construction easement from property owned by
Michael William Hawkins located at 9632 Crowley Road were unsuccessful due to the owner's failure to
respond to the City's final offer;
2. Declare the necessity to acquire the fee simple interest and temporary construction easement for the
Risinger Road from Crowley Road to McCart Avenue 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 Risinger Road from Crowley Road to McCart Avenue Project;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the
described fee simple interest and temporary construction easement 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 must be acquired for the construction, widening and expansion of
Risinger Road from Crowley Road to McCart Avenue. The improvements will promote safety and efficient
traffic flow on Risinger Road.
An independent appraisal established fair market value of the land for both interests in the amount of
$67,804.00. Negotiations were unsuccessful due to the owner's failure to respond to the City's final
offer. Upon approval, a Special Commissioners' hearing will be brought to acquire the fee simple interest
and temporary construction easement on the property. Although City Council action is required to move
forward with eminent domain action in order to meet capital project delivery schedule, Staff will continue
attempts to negotiate in good faith with the landowner until such time as a commissioner's hearing is
scheduled. 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 2239-03-CONDEMN Page 1 of 3
fee simple interest and temporary construction easement interest on the property as shown below. Funds
are available in the 2014 Bond Program Fund.
( — Parcel No. —Address/Legal Description_T( ype of Property/Acres
3 9632 Crowley Road, Abstract Fee Simple Interest/0.295
No. 1462, Tract 3C1, S.A. & cres
_ _M. G. RR. Co. Survey _
3 — TCE 9632 Crowley Road, Abstract Temporary Construction
No. 1462, Tract 3C1, S.A. & Easement/0.383 Acres
M. G. RR. Co. Survey
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 fee simple interest in 0.295 acres of land for right-of-way and 0.383 acres for a
temporary construction easement from property owned by Michael William Hawkins located at 9632
Crowley Road, needed for improvements to Risinger Road from Crowley Road to McCart Avenue. The
fee simple interest and temporary construction easement to be acquired are described by metes and
bounds and depicted by survey exhibits attached to this Mayor and Council Communication (M&C). The
tract of land is located in Abstract No. 1462, Tract 3C1, S.A. & M. G. RR. Co. Survey, Tarrant County,
Texas, also known as 9632 Crowley Road. The land rights will be used for the Risinger Road from
Crowley Road to McCart Avenue Project, a public use.
This project is included in the 2014 Capital Improvement Program. Available resources within the General
Fund will be used to provide interim financing for these expenses until debt is issued. Once debt
associated with this project is sold, bond proceeds will reimburse the General Fund, in accordance with
the statement expressing official Intent to Reimburse that was adopted as part of the ordinance
canvassing the bond election - Ordinance No. 21241-05-2014.
This property is located in COUNCIL DISTRICT 8, Mapsco 104T.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and Award of Commissioners, funds are included in the Fiscal Year 2015 Adopted Budget of the 2014
Bond Program, pursuant to Ordinance No. 21457-09-2014 and funds are available in the General Fund to
pay expenses which will be incurred on this expense until reimbursement can occur from the issuance of
public securities.
Description Appropriation Pending Remaining
Encumbrances/Expenditures Balance
Risinger Road/
2014 Bond $10,340,000.00 $1,679,188.00 $8,660,812.00
Program
Logname: 21PMD 2239-03-CONDEMN Page 2 of 3
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department Accouni Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
340141 0200431 5710010 CO2239 CO2340 2016 14010199 $55,122.00
340141 0200431 5740010 CO2239 CO2380 2016 14010199 $12,682.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5118)
Ricky Salazar (5166)
Additional Information Contact: Laura B. Morales (2311)
Logname: 21PMD 2239-03-CONDEMN Page 3 of 3