HomeMy WebLinkAboutResolution 4581-01-2016 A Resolution
NO. 4581-01-2016
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-15860, ordered and
decreed that a public necessity existed for the acquisition of a fee simple interest in 0.824 acres of land
for right-of-way and 0.229 acres for a temporary construction easement from a tract located at 2150
West Risinger 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 Road 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 0.824 acres of land for right-of-way and 0.229 acres
for a temporary construction easement from property owned by Thomas D. Gibbs and Grace Gibbs
located at 2150 West Risinger 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, S.A. & M. G. RR. CO.
Survey and Lot 1, Block 1, Gibbs Industrial Addition, Tarrant County, Texas, also known as 2150
ORT WORT
West Risinger Road. The land rights will be used for the Risinger Road from Crowley Road to McCart
Avenue Project, a public use.
Seconded by Gyna 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 26th day of January, 2016.
ATTEST:
000000000000
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Mary J it cretary °°6°°°°°°, XY
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ORT�ORT
PROJECT NAME:RISINGER ROAD FROM
CROWLEY ROAD TO MCCART AVENUE
PARCEL No.5 ROW
CITY PROJECT No.02239
2150 W.RISINGER ROAD,FORT WORTH,TEXAS
S.A. &M. G. RR. CO.SURVEY,ABSTRACT No.1462
EXHIBIT"A"
Being a 0.824 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 0.824 acre tract of land being a portion of a 40.2
acre tract of land (by deed) deeded to Thomas D. Gibbs as recorded in County Clerk's File No.
D200111309 of the Deed Records of Tarrant County, Texas, said 0.824 acre tract of land being
more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found for the northeast corner of a 2.99 acre tract of land
(by deed) deeded to Southwest Metal Treating Corporation, LLC as recorded in Volume 11455,
Page 846 of said Deed Records of Tarrant County,Texas, said 1/2 inch iron rod being an interior
ell corner in the west line of Lot 1, Block 1 of Gibbs Industrial Addition, an addition to the City
of Fort Worth, Tarrant County, Texas, as recorded in Cabinet A, Slide 6409 of the Plat Records
of Tarrant County, Texas, said 1/2 inch iron rod also being an interior ell comer in the west line
of said 40.2 acre tract of land; THENCE South 00 degrees 50 minutes 51 seconds East, with the
west line of said 40.2 acre tract of land, with the west line of said Lot 1,and with the east line of
said 2.99 acre tract of land, passing at a distance of 259.96 feet, a point for the southeast comer
of said 2.99 acre tract of land, said point being the northeast comer of a 4.733 acre tract of land
(by deed) deeded to Southwest Metal Treating Corporation, LLC as recorded in County Clerk's
File No.D210264416 of said Deed Records of Tarrant County,Texas, in all,a distance of 659.93
feet to a point for the southeast comer of said 4.733 acre tract of land,said point in West Risinger
Road (an undedicated right-of-way); THENCE South 00 degrees 48 minutes 04 seconds East,
with the west line of said 40.2 acre tract of land, with the west line of said Lot 1, and with said
West Risinger Road,passing at a distance of 16.28 feet, a point for the most southerly southwest
corner of said Lot 1, in all, a distance of 60.33 feet to a R.O.W. marker set for the POINT OF
BEGINNING of the herein described 0.824 acre tract of land, said R.O.W. marker being the
intersection of the west line of said 40.2 acre tract of land with the proposed north right-of-way
line of said West Risinger Road;
THENCE South 68 degrees 18 minutes 47 seconds East, with the proposed north right-of-way
line of said West Risinger Road, a distance of 102.93 feet to a R.O.W. marker set for
the beginning of a curve to the left having a radius of 1145.00 feet, a central angle of
17 degrees 36 minutes 24 seconds, and whose chord bears South 77 degrees 06
minutes 58 seconds East,a distance of 350.47 feet;
Exhibit A Page 1 of 2
THENCE with the proposed north right-of-way line of said West Risinger Road and with said
curve to the left, an arc length of 351.85 feet to a R.O.W. marker set for corner in the
east line of said 40.2 acre tract of land,said R.O.W. marker being in the west line of a
5.00 acre tract of land (by deed) deeded to William King Hawkins as recorded in
County Clerk's File No.D204302243 of said Deed Records of Tarrant County,Texas,
from which a 1/2 inch iron rod found for the northwest corner of said 5.00 acre tract
of land bears North 00 degrees 33 minutes 27 seconds West, a distance of 164.78 feet
and North 00 degrees 29 minutes 37 seconds West, a distance of 193.41 feet, said 1/2
inch iron rod being an interior ell corner in the east line of said Lot 1, said 1/2 inch
iron rod also being an interior ell corner in the east line of said 40.2 acre tract of land;
THENCE South 00 degrees 33 minutes 27 seconds East,with the east line of said 40.2 acre tract
of land and with the west line of said 5.00 acre tract of land,passing at a distance of
3.56 feet, a 5/8 inch iron rod found for reference, in all, a distance of 35.62 feet to a
point for the most southerly southeast corner of said 40.2 acre tract of land, said point
being in said West Risinger Road;
THENCE South 89 degrees 23 minutes 56 seconds West, with the south line of said 40. 2 acre
tract of land and with said West Risinger Road,a distance of 435.47 feet to a point for
the most southerly southwest corner of said 40.2 acre tract of land;
THENCE North 00 degrees 48 minutes 04 seconds West, with the west line of said 40. 2 acre
tract of land and with said West Risinger Road,passing at a distance of 58.09 feet, a
PK nail found for reference, in all, a distance of 156.38 feet to the POINT OF
BEGINNING and containing 35,901 square feet or 0.824 acres of land,more or less.
Notes:
(1) A plat of even survey date accompanies this legal description.
(2) R.O.W. markers along the proposed right-of-way line are a 5/8" iron rod with
blue cap stamped"Gorrondona" set 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.
Date: March 19,2015
ot- T
T.
Curtis Smith CLJRTIS SMITH
Registered Professional Land Surveyor
No. 5494 ti� •........�. �,
SURD
Texas Firm No. 10106900
Exhibit A Page 2 of 2
EXHIBIT "B "
PARCEL No. 5 ROW
P.0.C.
FND. 1/2"IR
I I
10.0'x676'
�RQ�IA o 4Q7 --J I-CABINET SLIDE 09
I {
2.99 ACRESES (BY DEED) �' I
SOUTHWT METAL o I I
TREATING CORPORATION, LC N I I
VOLUME 11455, PAGE 846 I i
D.R.T.C.T.
I I
I I
1 I
LOT 1
FLOCK L ApBI9 N
D TP�Ip 640
(W I I GIBB5 IN� A'T C TE
I I CAB P.R-
I I
I0 I I
I I 40.2 ACRES (BY DEED)
THOMAS D. GIBBS
.733 ACRES BY DEED N I I C.C.F. NO. D2001 1 1 309
4 (
SOUTHWEST METAL ) D.R.T.C.T.
TREATING CORPORATION, LLC I i
C.C.F. NO. D210264416 I I
D.R.T.C.T. j 1 M G.
o i i S GO. SuRV�q62
Ho g
pS RpC 1 N°
1W I I
(~> I I
PARCEL No. I o O I i
5 ROW 0.o
CL
I i
SUBJECT TRACT & I I
LOCATION OF ACQUISITION
I i
MATCH LINE PAGE 1
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60' 30' 0 60'
2. R.O.W. MARKERS ALONG THE PROPOSED RIGHT—OF—WAY LINE ARE A 5/8" IRON ROD WITH
BLUE CAP STAMPED "GORRONDONA" SET UNLESS OTHERWISE NOTED.
3. D�RT HE COORDINATES E REFERENCED E T RE SU NORTH C ENTRAL ZONE 4202. ALLDISTAN E AND AREAS SHOWN ARE SCALE IN FEET
ORTWORT city of Fort Worth
1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102
EXHIBIT SHOWING A
RIGHT—OF—WAY ACQUISITION OF
RIGHT—OF—WAY 1
OUT OF A
40.2 ACRE TRACT OF LAND
SITUATED IN THE
S. A. & M. G. RR. CO. SURVEY, ABSTRACT No. 1462
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CURTIS SM(T
AS RECORDED IN -- =
COUNTY CLERK'S FILE No. D200111309 po_5494
DEED RECORDS OF TARRANT COUNTY, TEXAS +O' :
PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239
ACQUISITION AREA: 35 901 SQUARE FEET OR 0.824 ACRES CURTIS SMITH
JOB No. HALF1403.00 DRAWN BY: CTA CAD FILE: 05 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 19, 2015 1 EXHIBIT B PAGE 1 OF 3 1 SCALE: 1" = 60' N0. 5494 TEXAS FIRM No. 10106900
GORRONDONA &ASSOCIATES, INC. • 7524 JACK NEWEL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
EXHIBIT "B "
MATCH LINE PAGE 1 PARCEL No. 5 ROW
4.733 ACRES (BY DEED) rn I I 10.0'X676'
SOUTHWEST METAL m 1 I ELECTRICAL EASEMENT
60' ROAD EASEMENT TREATING CORPORATION, LLC I� •---i 1�—CABINET A, SLIDE 6409
DEDICATED TO THE USE C.C.F. NO. D210264416 I I P.R.T.C.T.
___[AND BENEFIT OF THE PUBLIC I I
AS A ROAD EASEMENT D.R.T.C.T. I I I LOT 1
VOLUME
----- AGE A278
M ANUD.R.T.C.T AL�Y-------- -- I NE A L
Dgo9BLO g ,
--------- I 4SN O
Sl P C "T.C•T.DIB D 5Il
APPROXIMATE LOCATION Lr C BZp R 0N
_ OF SURVEY LINE
W
i .2 EST RISINGER ROAD r I LOT LINE �THOMASSD. IBBS DEED).
(AN UNDEDICATED RIGHT-OF-WAY) 1 u C.C.F. NO. D2001 1 1 309
D.R.T.C.T.
` EXISTING J •�� G. M
RIGHT-OF-WAY �\ I & M•
•I S. SVRV g2 C�
Ld
suRV�� P.O.B. R1R• �cl N°- ��` Q
w�LCOX 17 q3 sEr R.o.w. I :::::.�::..4�"F A�53RA d--PROPOSED Ld
J P 8 8 RP03 N° IXIT NG MARKER I ...... ;}}-:4:::ii{i '��`9.3, RIGHT-OF-WAY z
A {s is ::::::::. ..•.:::...
RIGHT-OF-WAY i a0 r w;';�:::•}.•::::: ::?::::::•i::•. J
o f :::: 'i::•:::•::: ;:'::SET R.O.W.........
TRACT ONE o Y ::::::: .. MARKER:::::::::::::... _
6.26 ACRES BY DEED) I to > :':.;::::f.::i•:::•:....... ..........�..............;:::::•:::::.:.. o,
w:.^:.
zzol RISINGER, L.L.C. I { F> ::::::. •:::•t; RIGHT—OF—WAY •:....:......... U
50% UNDIVIDED INTEREST 1 <_ •{"°•"AC
(C.C.F. N0. DD INTEREST) I ':: :;;a QU(SITION AREA;•: ;::.:................... I
x 35,901 SQ. FT, :::• PERMANENT WATER
D.R.T.C.T.D209 I >E� ou ::::::.i::......
PAMELA L ANDERSON, I et 4 0:..'.:.;:,;i.;,:....;_OR 0.824 ACRES MAIN EASEMENT TO THE
TRUSTEE OF THE
�............
I a ;;::•:}•:: ;;;::.t.•:.::•:: ::::•;:•;:;.:•:•:.i;{ CITY OF FOR WORTH i..
ANDERSON MARITAL TRUST I a ;•;;•;{•;;:•;;.;;•;, ;•;;;;•;•; •,;;;;;; ;; C.C.F. NO. D103105741
(50x
UNDIVIDED INTEREST) I "c::::::::.......::: D.R.T.C.T. .
VOLUME 9931, PAGE 1980 I Oi PASSING AT 56.09',:::.:-::::::.�::.:::.::.::::.::.... :•:::•::• :::.:.::::::::::
AND I O A FND. PK NAIL ;.• :. .. :................................
. ...
WITH SHINER ......::: :::.:::::::1
C.C.F. NO. D208403925 u.............:e:::::•..::•:
D.R.T.C.T. t Zt. :.. :�� ;T _ ;•
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t k.
:.ti:
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.... .................... ..................
......................................................... .................
..........................................................
PARCEL No I ........ ::.:.:::.::::....................
5 ROW ......... ..... :..::. .. .
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LINETABLE ..................................................................
LINE I BEARING 7 DISTANCE I ' APPROXIMATE LOCATION
L-i s oo4s'o4^E 60.33' SUBJECT TRACT & I S 89'2356"W 435.47 OF SURVEY LINE
LOCATION OF ACQUISITION WEST RISINGER ROAD
CURVE TABLE AN UNDEDICATED RIGHT-OF-WAY) ---
CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH — — I
C-1 1145.00 17.36'24" S 77'06'58"E 350.47 351.85' STING
RIGHT-OF-WAY
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60' 30' Q 6Op
2. R.O.W. MARKERS ALONG THE PROPOSED RIGHT-OF-WAY LINE ARE A 5/8` IRON ROD WffH
BLUE CAP STAMPED 'GORRONDONA" SET 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. SCALE IN FEET
o wo�r City of ,Fort Worth
1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102
EXHIBIT SHOWING A
RIGHT—OF—WAY ACQUISITION �E, F,, T
OUT OF A
40.2 ACRE TRACT OF LAND F F''•.
SITUATED IN THE �; N
S. A. & M. G. RR. CO. SURVEY, ABSTRACT No. 1462
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CURTIS SMITH_
AS RECORDED IN 5.494
COUNTY CLERK'S FILE No. D200111309
DEED RECORDS OF TARRANT COUNTY, TEXAS �`fS5
PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239 S U
ACQUISITION AREA: 35 901 SQUARE FEET OR 0.824 ACRES CURTIS SMITH
JOB No. HALF1403.00 PRAWN BY: CTA CAD FILE: OS ROW,pWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 19, 2015 EXHIBIT B PAGE 2 OF 3 SCALE: 1" = 60' 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 "
PARCEL No. 5 ROW
LINE TABLE I I
LINE BEARING DISTANCE i i FND. 1/2"IR
L-2 S 00 33'27"E 35.62' I I
ri
CURVE TABLE o
CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH
C-1 1745.00 17'3624" S 77'06'58"E 350.47' 1 351.85' 3
'n
SOC IAL A 1)'TloN i i o PA5CROW o.
DUSTS LTD 1 1 °
G11313S N);TP C•T 40.2 THOMASSD(BGIBBS DEED) LOT LINE Z SUBJECT TRACT &
C.C.F. N0. D2001 1 1 309 LOCATION OF ACQUISITION
M G. D.R.T.C.T.
�R try
I i
w RR• G° N v�g62
CD
Q AB RA 20' EASEMENT TO I I
BARNETT GATHERING, LP-• 1 I I 5.00 ACRES (BY DEED)
C.C.F. No. D20B213381 I I WILLIAM KING HAWKINS
w O.P.R.T.C.T. I I m C.C.F. No. D204302243
I i
D.R.T.C.T.
z RIGHT—OF—WAY
—I ACQUISITION AREA 1 I N
= 1 35,901 SQ. FT. I I M
U OR 0.824 ACRES 60' ROAD EASEMENT •M°o
DEDICATED TO THE USE I
QPROPOSED AND BENEFIT OF THE PUBLIC z
RIGHT-OF-WAY AS A ROAD EASEMENT
VOLUME 5168, PAGE 278
D.R.T.C.T.
I I
C-1............ I I
. ............................
..................................
...................................................
.........................................................
:::.:::::.:..::.:::.:.:::::::::.::::.........:::::.:....... I SET R.O.W.
........................................................................
::::a. : ....... _ MARKER:: s_ W -
PERMANENT WATER MAIN EASEMENi: .....................
PASSING"
AT
TO THE CITY OF FORT WORTH i::j:::::::•:{::::.::i AT 3.56',A N PERMANENT WATER MAIN EASEMENT
....................
.....................
CC
.F. N0. 0103105741 ............................................
D`R_T.C.T. "°'t"°""°�•••••°'FND• 5/8"iR T i0 THE CITY OF FORT WORTH
-- - ------- - ^ ^' J APPROXIMATE LOCATION C.C.F. No. D203105747
::::•:t:•::•::•::'::::::'::�::::•::::•::•:• O.P.R.T.C.i.
:...................
...
Of SURVEY LINE _ 1
APPROXIMATE LOCATION u S 89.23�56"W 435.47• I W z
OF SURVEY LINE } v�( I QZ TRACT 1 RT�N
WEST RIS{NGER ROAD ,��pX S�Rg3 iX°> ALLEN S.ABAUMGARDNER,OSIR ,3 vE� --_
---(AN UNDEDICATED RIGHT-OF-WAY)------ W > AND JUDY A. BAUMGARDNER S RPCT
-�-EXISTING JPG STRPCT N° ��� VOLUME 14124, PAGE 371 PBS QZZ
RIGHT-OF-WAY A� a o D.R.T.C.T. N°,
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60' 30' 0. 60'
2. R.O.W. MARKERS ALONG THE PROPOSED RIGHT-OF-WAY LINE ARE A 5/8" IRON ROD WITH
BLUE CAP STAMPED GORRONDONA" SET 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. SCALE IN FEET
o�rWor
City of Fort Worth
1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102
EXHIBIT SHOWING A OF
RIGHT-OF-WAY ACQUISITION
OUT OF A
40.2 ACR�TUA TRACT i OF LAND
T
S. A. & M. G. RR. CO. SURVEY, ABSTRACT No. 1462 W�CURTIS SMIT
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS _
AS RECORDED IN w 5494-
COUNTY CLERKS FILE No. D200111309 9 pF
DEED RECORDS OF TARRANT COUNTY, TEXAS
PROJECT. RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE CITY PROJ. No. 02239 S U .
ACQUISITION AREA: 35,901 SQUARE FEET OR 0.824 ACRES CURTIS SMITH
JOB No. HALF1403.00 I DRAWN BY: CTA CAD FILE: 05 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 19, 2015 I EXHIBIT B PAGE 3 OF 3 SCALE: 1" - 60' 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.5 TCE
CITY PROJECT No. 02239
2150 W.RISINGER ROAD,FORT WORTH,TEXAS
S.A. &M.G. R.R. 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 a portion of a 40.2 acre tract of land(by deed) deeded to Thomas D. Gibbs as recorded in
County Clerk's File No. D200111309 of the Deed Records of Tarrant County, Texas, said
temporary construction easement also being a portion of Lot 1, Block 1 of Gibbs Industrial
Addition,an addition to the City of Fort Worth,Tarrant County, Texas,as recorded in Cabinet A,
Slide 6409 of the Plat Records of Tarrant County, Texas, said Lot 1 being deeded to Thomas D.
Gibbs as recorded in County Clerk's File No. D200111309 of said Deed Records of Tarrant
County,Texas, said temporary construction easement being more particularly described by metes
and bounds as follows:
COMMENCING at a 1/2 inch iron rod found for the northeast corner of a 2.99 acre tract of land
(by deed) deeded to Southwest Metal Treating Corporation, LLC as recorded in Volume 11455,
Page 846 of said Deed Records of Tarrant County,Texas, said 1/2 inch iron rod being an interior
ell corner in the west line of said Lot 1, said 1/2 inch iron rod also being an interior ell corner in
the west line of said 40.2 acre tract of land; THENCE South 00 degrees 50 minutes 51 seconds
East, with the west line of said 40.2 acre tract of land, with the west line of said Lot 1, and with
the east line of said 2.99 acre tract of land, passing at a distance of 259.96 feet, a point for the
southeast corner of said 2.99 acre tract of land and being the northeast corner of a 4.733 acre tract
of land (by deed) deeded to Southwest Metal Treating Corporation, LLC as recorded in County
Clerk's File No. D210264416 of said Deed Records of Tarrant County, Texas, in all, a distance
of 621.79 feet to the POINT OF BEGINNING of the herein described temporary construction
easement;
THENCE North 89 degrees 09 minutes 09 seconds East, a distance of 35.00 feet to a point for
corner;
THENCE South 00 degrees 50 minutes 51 seconds East, a distance of 96.77 feet to a point for
corner;
THENCE South 68 degrees 18 minutes 47 seconds East, a distance of 71.20 feet to a point for
the beginning of a curve to the left having a radius of 1130.00 feet, a central angle of
17 degrees 32 minutes 42 seconds, and whose chord bears South 77 degrees 05
minutes 07 seconds East,a distance of 344.67 feet;
Exhibit A Page 1 of 3
THENCE with said curve to the left, an are length of 346.02 feet to a point for corner in the east
line of said 40.2 acre tract of land, said point being in the west line of a 5.00 acre tract
of land(by deed)deeded to William King Hawkins as recorded in County Clerk's File
No. D204302243 of said Deed Records of Tarrant County, Texas, from which a 1/2
inch iron rod found for the northwest corner of said 5.00 acre tract of land bears North
00 degrees 33 minutes 27 seconds West, a distance of 149.73 feet and North 00
degrees 29 minutes 37 seconds West, a distance of 193.41 feet, said 1/2 inch iron rod
being an interior ell corner in the east line of said Lot 1, said 1/2 inch iron rod also
being an interior ell corner in the east line of said 40.2 acre tract of land;
THENCE South 00 degrees 33 minutes 27 seconds East,with the east line of said 40.2 acre tract
of land and with the.west line of said 5.00 acre tract of land, a distance of 15.05 feet
to a R.O.W. marker set for corner in the proposed north right-of-way line of West
Risinger Road, said R.O.W. marker being the beginning of a non-tangent curve to the
right having a radius of 1145.00 feet, a central angle of 17 degrees 36 minutes 24
seconds, and whose chord bears North 77 degrees 06 minutes 58 seconds West, a
distance of 350.47 feet, 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 with the proposed north right-of-way line of said West Risinger Road and with said
non-tangent curve to the right, an arc length of 351.85 feet to a R.O.W.marker set for
corner;
THENCE North 68 degrees 18 minutes 47 seconds West,with the proposed north right-of-way
line of said West Risinger Road, a distance of 102.93 feet to a R.O.W.marker set for
corner in the west line of said 40.2 acre tract of land, said R.O.W. marker being in
said West Risinger Road;
THENCE North 00 degrees 48 minutes 04 seconds West, with the west line of said 40. 2 acre
tract of land and with said West Risinger Road, passing at a distance of 44.02 feet, a
point for the most southerly southwest corner of said Lot 1,in all, a distance of 60.33
feet to a point for the southeast corner of said 4.733 acre tract of land;
THENCE North 00 degrees 50 minutes 51 seconds West, with the west line of said 40.2 acre
tract of land, with the west line of said Lot 1, and with the east line of said 4.733 acre
tract of land, a distance of 38.14 feet to the POINT OF BEGINNING and containing
9,958 square feet or 0.229 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) R.O.W. markers along the proposed right-of-way line are a 5/8" iron rod with
blue cap stamped"Gorrondona" set 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.
Date: March 19,2015
OF TF
�r
Curtis Smith GURTIS SMITH
Registered Professional Land Surveyor y'gpo 5494
Ess
No. 5494 Q S U Rv
Texas Firm No. 10106900
Exhibit A Page 3 of 3
EXHIBIT "B "
PARCEL No. 5 TCE
P.O.C. I I
FNO. 1/2"IR I I
sHMAN sV4p7� --I I SLIDE EASEMENT
ABSDRPC-� �p, I I P.R.T.C.T.
2.99 ACRES (BY DEED) ° I
SOUTHWEST METAL m
TREATING CORPORATION, LLC ;y I
VOLUME 11455, PAGE 846
D.R.T.C.T.
LOT 1
i �
— I pL0 R AL ApsN
Ig aT90
GIpBABTNET A' T C.T.
- C P
I I
40.2 ACRES (BY DEED)
0 I I THOMAS D. GIBBS
4.733 ACRES (BY DEED) N C.C.F. NO. D200111309
SOUTHWEST METAL ( D.R.T.C.T.
TREATING CORPORATION, LLC I
C.C.F. NO. D210264416
D.R.T.C.T. I I M G.
o f I s A• sup"4 62
IACI 4
J
X N
PARCEL No.
5 TCE a° I I
SUBJECT TRACT & a
LOCATION OF EASEMENT I f I
I 1
MATCH LINE PAGE 1
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60' 30' 0 60'
2. R.O.W. MARKERS ALONG THE PROPOSED RIGHT—OF--WAY LINE ARE A 5/8" IRON ROD WITH
BLUE CAP STAMPED "GORRONDONA" SET 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. SCALE IN FEET
ORT WORT
City of Fort Worth
1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102
EXHIBIT SHOWING A
TEMPORARY CONSTRUCTION EASEMENT OF
OUT OF A
40.2 ACRE TRACT OF LAND
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 x5,494
COUNTY CLERK'S FILE No. D200111309 ,�oF
DEED RECORDS OF TARRANT COUNTY, TEXAS
PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239
EASEMENT AREA: 9,958 SQUARE FEET OR 0.229 ACRES CURTIS SMITH
JOB No. HALF1403,00 DRAWN BY: CTA I CAD FILE: 05 TCE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 19, 2015 EXHIBIT 8 PAGE 1 OF 3 1 SCALE: 1" - fi0' N0. 5494 TEXAS FIRM No. 10105900
GORRONDONA & ASSOCIATES, INC. 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
-- -----'----'-------- |
MATCH LINE PAGE 1 PARCEL No. 6 TCE
4.733 ACRES (BY DEED) 10.0'X676'
SOUTHWEST METAL
60' ROAD EASEMENT r% ELECTRICAL EASEMENT
TREATING CORPORATION, LLC --A I---CABINET A. SLIDE 6409
DEDICATED TO THE USE C.C.F. NO. D210264-416 b P.R.T.C.T.
AND BENEFIT OF THE PUBLIC D.R.T.C.T. 0
AS A ROAD EASEMENT cn LOT 1
VOLUME 5168, PAGE 278 su?"40 L-11
5\*Nk� 13 ftI.AL 6409
APPROXIMATE LOCATION
OF SURVEY LINE
40.2 ACRES (BY DEED)
c*4 LOT LINE
WEST RISINGER ROAD THOMAS D. GIBBS
G C.C.F. NO, D200111309
RIGHT-OF-WAY su?"4 S, No LLJ
TEMPORARY
CONSTRUCTION
KER EASEMENT AREA 0-
TRACT ONE EXISTING
6.26 ACRES (BY DEED) RIGHT-OF-WAY
2201 RISINGER, L.L.C. S
MARKER
C.C.F. NO. D209049450
PAMELA L ANDERSON, PROPOSE 0
TRUSTEE OF THE RIGHT-OF-WAYD c-
ANDERSON MARITAL TRUST P TER
wo N EASEMENT THE
VOL ME 9931, PAGE 1980
AND CITY OF FORT WORTH
C.C.F. NO. D208403925 < C.C.F. NO. D103105741
UNE TAB
L-1 N 89109'09'E 35.00' PARCEL No.
MAR
L-5 N 00'48'04"W 60.33' SUBJECT TRACT &
L-6 N 00'50'51",Y -1- LO APPROXIMATE LOCATION
CATION OF EASEMENTI OF SURVEY LINE
C-2 11145.00'1 1 06'5W`W 1 350.4-7- 1 351 APPARENT EXISTING
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. R.O.W. MARKERS ALONG THE PROPOSED RIGHr-OF-WAY LINE ARE A 5/8' IRON ROD WITH 60' 30' 0 60'
BLUE CAP STAMPED 'GORRONDOW SET 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. SCALE IN FE
FORTWORTH City of Fort Worth
1000 THROCKMORTON STREET - FORT WORTH, TEXAS 76102
EXHIBIT SHOWING A OF
TEMPORARY CONSTRUCTION EASEMENT
OUT OF A
40.2 ACRE TRACT OF LAND -v
SITUATED IN THE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS C-URT)S SMIT)i
AS RECORDED IN
COUNTY CLERK'S FILE No. D200111309 5494
DEED RECORDS OF TARRANT COUNTY, TEXAS
PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE CITY PROJ. No. 02239 s
EASEMENT AREA: 9,958 SQUARE FEET OR 0.229 ACRES CAD FILE: 05-TCF-DWG C
JOB No. HALF1403.00 DRAWN BY. CTA URTIS SMITH
2015 EXHIBIT 8 PAGE 2 OF 3 -REGISTERED PROFESSIONAL LAND SURVEYOR
I SCALE: 1" = 60' 1 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 "
PARCEL No. 5 TCE
I I
FND. 1/2"IR
1 —
CURVE TABLE LINE TABLE
CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH °M LINE SEARING DISTANCE
C-1 1130.00' 17'32'42" S 77'05'07"E 344.67' 346.02' L-4 S 00'33'27"E 15.05'
C-2 1145.00' 17'36'24" N 77'O6'S8"V/ 350.47' 351.85'
orN
S INBU A SL T v 9 I 1 °
OIBCCABINET1).P--q,C. 40.2 ACRES IBBS D) LOT LINE Z PARCEL No.
C.C.F. NO. D200111309 5 TCE
G. D.R.T.C.T.
N A, &. M R'40 I i SUBJECT TRACT &
LL1 S• CO. SO q62 LOCATION OF EASEMENT
f{Ft N°'
QA�SIRpC 20' EASEMENT TO
d BARNETT GATHERING, LP—
C.C.F. No. D2082 1 338 1 I I a
O.P.R.T.C.T.
z TEMPORARY 5.00 ACRES (BY DEED)
J CONSTRUCTION I c^v WILLIAM KING HAWKINS
EASEMENT AREA i� C.C.F. No. D204302243
= 9,958 SQ. FT. I (a D.R.T.C.T.
C) OR 0.229 ACRES 60' ROAD EASEMENT °
DEDICATED TO THE USE z
Q PROPOSED AND BENEFIT OF THE PUBLIC
.............. ........
RIGHT—OF—WAY AS A ROAD EASEMENT
C� VOLUME 5168, PAGE 278
..... ...............
................ ...........
....... .......................
D.R.T.C.T. L-4
...... .....::.......
:r......... SET R.O.W. MARKER
...' '.. { FROM WHICH A
C_2 .:ir iic:ii:'::{:?i'r'ti'•ir::::i.: FND. 5/B"(R BEARS
S 00'33'27"E 3.56'
PERMANENT WATER MAIN EASEMENT PROPOSED
TO THE CITY OF FORT WORTH RIGHT-OF-WAY PERMANENT WATER MAIN EASEMENT
C.C.F. NO, D103105741 TO THE CITY OF FORT WORTH
11R.T-C T. — — — _. —__
APPROXIMATE LOCATION C.C.F. No. D203165747
_ — OF SURVEY LINE O.P.R.T.C.T.
EXISTING } APPROXIMATE LOCATION w
RIGHT-OF-WAY I OF SURVEY LINE v� I F ? TRACT 1 ART1N
WEST RISINGER ROAD 11�pX S�R43 �XQw-AL EN ACRES
-— — — — — — CQ5 w �0. a°o: AND JUDY A. BAUMGARDNER -
�N S�RAG� ao4 VOLUME 14124, PAGE 371 ASS 10Z`L
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60' 30' 0 60'
2. R.O.W. MARKERS ALONG THE PROPOSED RIGHT-OF-WAY LINE ARE A 5/8" IRON ROD WITH
BLUE CAP STAMPED 'GORRONDONA" SET 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. SCALE IN FEET
O City O f F
BT'VVORT O
rt Worth
1000 THROCKMORTON STREET " FORT WORTH, TEXAS 76102
EXHIBIT SHOWING A
TEMPORARY CONSTRUCTION EASEMENT �E,�F• T.
OUT OFA Q G1S1e :�f
40.2 ACRE TRACT OF LAND :'F>
SITUATED IN THE
S. A. & M. G. RR. CO. SURVEY, ABSTRACT No. 1462 µ CURTIS SMITH
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
AS RECORDED IN
COUNTY CLERKS FILE No. D2001 1 1 309 5494.
DEED RECORDS OF TARRANT COUNTY, TEXAS '
PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No.�O021239 EASEMENT AREA: 9 958 SQUARE FEET OR 0.229 ACRES CURTIS SMITH
JOB No. HALF1403.00 DRAWN BY: CTA CAD FIE: 05 TCE.DREGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 19, 2015 EXHIBD' 8 PAGE 3 OF 3 1 SCALE: 1" = 60' 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
MAYOR AND COUNCIL COMMUNICATION MAP
2150 W. Risinger Road, Fort Worth, TX 76134
IMS 61
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i✓ �, u^ ,Cpl I,: �,„t,
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r �
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j TEMPORARY CONSTRUCTION EASEMENT
9,958 SO.FT.(0.229 ACRES) i
G e I
Rrsneger�Rd �1 a�tl�q " � � ��pV➢
f /
�i
we Rtsu
akm "m 7 0,��m��n,�Tyiyif„ `
RIGHT OF WAY ACQUISITION AREA N
35,901
Q.FT.(0.824 ACRES) 0 2,000 4,000
W E
SCALE IN FEET S
Legend CITY PROJECT#02239 RISINGER ROAD PARCEL 5 ROW+5 TCE
WWWW Property Boundary
Pro p osed ROW Source/Year of Aerial Photograph:NCTCOG/2015
This map is for informational purposes and may not have been prepared for or be suitable for legal,engineering,
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.Half Associates assumes no responsibility for the accuracy of said data.
City �
of Fort Worth, Texas
Mayor an = Council Communication
on
COUNCIL ACTION: Approved on 112612016 - Resolution No. 4581-01-2016
DATE: Tuesday, January 2O. 2010 REFERENCE NO.: L-15860
LOG NAME: 21PM[) 223S-U5-C[)NDE&YN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire a Fee Simple Interest in 0.824
Acres of Land for Right-of-Way and 0.229 Acres fore Temporary Construction Easement from Property
Owned by Thomas D. Gibbs and Grace Gibbs Located at 2150 West Risinger Road for the Risinger Road
from Crowley Road toK8uCart Avenue Project C2014B[>NOPFl[>GRAK8\ (C[)UNC|LO|GTR|CT8)
RECOMMENDATION:
|tia recommended that the City Council:
1. Declare the negotiations between the City and landowner to acquire a fee simple interest in 0.824
acres for right-of-way and 0.229 acres for a temporary construction easement for the Risinger Road from
Crowley Road to K8uCartAxanue Project, from property owned by Thomas D. Gibbs and Grace Gibbs and
located at215OWest Flio)ngarRood. Fort Worth, Texao, were unsuccessful due tothe ovvnere' fai/ureto
respond to the City's final offer;
2. Declare the necessity to acquire the fee simple interest and the temporary construction easement for
the FlioinQnr Road from Crowley Road toK8oCort Avenue Project;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the
property for public use in 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 for road
improvements;
5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and
0. 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
Rieingur Road from Crowley Road toK8oCartAvenue. The improvements will promote safety and efficient
traffic flow on Riainger Flood.
An independent appraisal established fair market value of the /and for both interests in the amount of
$574,715.00. Negotiations were unsuccessful due to the owners' failure to respond to the City's final
offer. Upon approval, a Special Commissioners' hearing will be held to acquire the fee simple interest and
temporary construction easement interest on the property. Although City Council action io required to
move forward with eminent domain action in order to meet the capital project de/iveryeohadu|e. 8toffond
Halff&Associates will continue attempts to negotiate in good faith with the landowner until such time as a
I.ogumoe: 21l,M[) 2234-05-C(]N0EMN Page l of
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 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. ddress/Legal Description IType of_Property/Acres
5 2150 West Risinger Road, Fee Simple Interest/0.824
_ Fbs�No. 1462, S.A. & M. cres
G. RR. CO. Survey r
5 — TCE 2150 West Risinger Road, emporary Construction
Lot 1, Block 1, Gibbs Easement/0.229 Acres
Industrial Addition
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 0.824 acres of land for right-of-way and 0.229 acres for a
temporary construction easement from property owned by Thomas D. Gibbs and Grace Gibbs located at
2150 West Risinger 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, S.A. & M. G. RR. CO. Survey and Lot 1, Block 1,
Gibbs Industrial Addition, Tarrant County, Texas, also known as 2150 West Risinger 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-U.
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 $10,340,00.00 $2,186,098.16 $8,153,901.84
Program
Logname: 21PMD 2239-05-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 Account Project Program Activity Budget Reference # Amount
ID ID Year Chartfield 2
34014 0200431 5710010 CO2239 CO2340 2016 14010199 $571,529.00
34014 0200431 5740010 CO2239 CO2380 2016 14010199 $3,186.00
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 2239-05-CONDEMN Page 3 of 3