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HomeMy WebLinkAboutResolution 4582-01-2016 A Resolution NO. 4582-01-2016 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-15861, ordered and decreed that a public necessity existed for the acquisition of a fee simple interest in 0.806 acres of land for right of way and temporary construction easement in 0.446 acres of land for construction from a tract located at 2201 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 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 - 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 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 the use of the power of eminent domain to acquire a fee simple interest on 0.806 acres of land and a temporary construction easement on 0.446 acres of land owned by 2201 Risinger, L.L.C. and Pamela L. Anderson, Trustee of the Anderson Marital Trust located at 2201 West Risinger Road, needed for the improvements to Risinger Road from Crowley Road to McCart Avenue Project. The fee fimple Interest and Temporary Construction Easement 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 Abstract No. 1773, Tract 2c, Jacob Wilcox ORT WORT Survey, Tarrant County, Texas, also known as 2201 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 Zim Zimmerman, 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. -<o ATTEST: 016 1 � 0 8 ¢ $ 0 lj ,cr .� odaC a 0 Ay �� ao .cy By Mary ser, " y Secretary %�RWO PROJECT NAME: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE PARCEL No. 6 TCE CITY PROJECT No. 02239 2201 W.RISINGER ROAD,FORT WORTH,TEXAS JACOB WILCOX SURVEY,ABSTRACT No. 1743 EXHIBIT"A" Being a temporary construction easement situated in the Jacob Wilcox Survey, Abstract No. 1743, City of Fort Worth, Tarrant County, Texas, said temporary construction easement being a portion of a 6.26 acre tract of land (by deed) described as Tract One deeded to 2201 Risinger, L.L.C. (50%undivided interest) as recorded in County Clerk's File No.D209049450 of the Deed Records of Tarrant County, Texas, and being deeded to Pamela L. Anderson, Trustee of the Anderson Marital Trust(50%undivided interest) as recorded in Volume 9931,Page 1980 of said Deed Records of Tarrant County, Texas, and being further described in County Clerk's File No. D208403925 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 MAG nail found for the northwest corner of said 6.26 acre tract of land, said MAG nail being the intersection of the east right-of-way line of Burlington Northern and Santa Fe Railroad (a 100.0' right-of-way) with the existing south right-of-way line of West Risinger Road (an undedicated right-of-way);THENCE South 01 degrees 25 minutes 45 seconds West, with the west line of said 6.26 acre tract of land and with the east right-of-way line of said Burlington Northern and Santa Fe Railroad, a distance of 35.33 feet to a R.O.W. marker set for the POINT OF BEGINNING of the herein described temporary construction easement, said R.O.W. marker being the intersection of the east right-of-way line of said Burlington Northern and Santa Fe Railroad with the proposed south right-of-way line of said West Risinger Road; THENCE North 89 degrees 45 minutes 46 seconds East, with the proposed south right-of-way line of said West Risinger Road, a distance of 11.15 feet to a R.O.W. marker set for the beginning of a curve to the right having a radius of 1145.00 feet, a central angle of 21 degrees 55 minutes 27 seconds, and whose chord bears South 79 degrees 16 minutes 30 seconds East, a distance of 435.46 feet; THENCE with the proposed south right-of-way line of said West Risinger Road and with said curve to the right, an are length of 438.13 feet to a R.O.W.marker set for corner; THENCE South 68 degrees 18 minutes 47 seconds East, a distance of 68.49 feet to a R.O.W. marker set for corner in the east line of said 6.26 acre tract of land, said R.O.W. marker being the intersection the proposed south right-of-way line of said West Risinger Road with the existing south right-of-way line of said West Risinger Road, from which a MAG nail found for the most easterly northeast corner of said 6.26 acre tract of land bears North 00 degrees 49 minutes 07 seconds West,a distance of 117.30 feet; Exhibit A Page 1 of 3 THENCE South 00 degrees 49 minutes 07 seconds East, with the east line of said 6.26 acre tract of land and with the existing south right-of-way Iine of said West Risinger Road, a distance of 46.90 feet to a point for the northwest corner of a 3.256 acre tract of land (by deed) deeded to Pedro Herrera and Norma Herrera,husband and wife as recorded in County Clerk's File No. D209236836 of said Deed Records of Tarrant County, Texas; THENCE South 89 degrees 10 minutes 53 seconds West, a distance of 138.50 feet to a point for corner; THENCE North 00 degrees 49 minutes 07 seconds West, a distance of 69.56 feet to a point for the beginning of a non-tangent curve to the left having a radius of 1115.00 feet, a central angle of 07 degrees 04 minutes 37 seconds, and whose chord bears North 75 degrees 21 minutes 17 seconds West,a distance of 137.63 feet; THENCE with said non-tangent curve to the left, an arc length of 137.72 feet to a point for corner; THENCE North 10 degrees 50 minutes 59 seconds East, a distance of 15.00 feet to a point for the beginning of a non-tangent curve to the left having a radius of 1130.00 feet, a central angle of 06 degrees 58 minutes 31 seconds, and whose chord bears North 82 degrees 23 minutes 03 seconds West, a distance of 137.48 feet; THENCE with said non-tangent curve to the left, an arc length of 137.57 feet to a point for corner; THENCE South 04 degrees 22 minutes 54 seconds West, a distance of 15.00 feet to a point for the beginning of a non-tangent curve to the left having a radius of 1115.00 feet, a central angle of 04 degrees 58 minutes 46 seconds, and whose chord bears North 88 degrees 21 minutes 54 seconds West,a distance of 96.87 feet; THENCE with said non-tangent curve to the left, an arc length of 96.90 feet to a point for corner in the west line of said 6.26 acre tract of land,said point being in the east right-of-way line of said Burlington Northern and Santa Fe Railroad; THENCE North 01 degrees 25 minutes 45 seconds East, with the west line of said 6.26 acre tract of land and with the east right-of-way line of said Burlington Northern and Santa Fe Railroad, a distance of 30.08 feet to the POINT OF BEGINNING and containing 19,434 square feet or 0.446 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 t - ©F rF �P�FU�S��RFco1fyN Curtis Smith C-URTIS' SMITH r ta' 5494 rt_� Registered Professional Land Surveyor �Pr o No. 5494 2�;•:es. . ���-� sUR. Texas Firm No. 10106900 Exhibit A Page 3 of 3 EXHIBIT 11 B " PARCEL No. 6 TCE CURVE TABLE lj'pvv-Y CURVE 145,00 DELTA 55'27I"E CHORD 79'16'30'EG CHORD 4 5.46 LENGTH 438.13'TH p15"ONIA A'0 4.733 ACRES (BY DEED) C-3 1130.00' 0658'31" N 82'23'03"W 137.48' 137.57' 8•Sj�AC� SOUTHWEST METAL AB TREATING CORPORATION. LLC C-4 1115.00' 04'58'46" N 88'21'54"W 96.87' 96.90' C.C.F. N0. D2102102644644 16 D.R.T.C.T. LINE TABLE - LINE BEARING DISTANCE I L-1 S 01'25.45'W 35.33' --------------------- L-2 N 89'45'46"E 11.15' L-6 N 10'50'59"E 15.00' EXISTING L-7 S O4.22'54"W 15.00' RIGHT-OF-WAY WEST RISINGER ROAD L-8 N 01'25'45"E 30.08 APPROXIMATE LOCATION (AN UNDEDICATED RIGHT-OF-WAY) P.O•C. OF SURVEY LINE FND. — — — — — — N SVRV�� MAG NAIL -------------------------------------------- COx �3 60' ROAD EASEMENT ' n L-2 DEDICATED TO THE USE LLl CQ� v'�1� NO• 1� �•O•L7• SET R.O.W. AND BENEFIT OF THE PUBLIC 0 SET R.O.W. MARKER AS A ROAD EASEMENT Q p8s�RA ' VOLUME 5168, PAGE 278 � G MARKER ::..:::..:::::::.:::::.:........................ C-1 D,R.T.C.T. :::.::::::::::::.::::::..........:::.:.::.::::.::::.:::::_:.::::.:.::::........ PROPOSED .. ..................................................... LLJ J ........................ ..._.........`.' ............................ ........ .....I......... .......................................... Q ........ ...............RIGHT-OF-WAY•::. ' W O C-4 = CL" TEMPORARY '' ' : 0 ( Q EASEMENTCAREA Q O 19,434 SQ. FT. TRACT ONE C-2 ( Z W o OR 0,446 ACRES 6.26 ACRES (BY DEED) = 2201 RISINGER, L.L.C. OV' a (50% UNDIVIDED INTEREST) ZC.C.F. NO. D209049450 2C, D.R.T.C.T. Z < v PAMELA L. ANDERSON, ( TRUSTEE OF THE it ANDERSON MARITAL TRUST Zi (50% UNDIVIDED INTEREST) PA6CTCE 00 < VOLUME 9931, PAGE 1980 AND C.C.F. NO. D208403925 SUBJECT TRACT & D.R.T.C.T. LOCATION OF EASEMENT NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60' 30' O 60' 2. R.O.W. MARKERS ALONG THE PROPOSED RIGHT-OF-WAY LINE ARE A 5/8" IRON ROD WITH �•�......._._�l 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 OUT OF A Q F T 6.26 ACRE TRACT OF LAND P� SST SITUATED IN THE `, << F� '• JACOB WILCOX SURVEY, ABSTRACT No. 1743 ;'4 O CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN CURTIS SMITH . VOLUME 9931, PAGE 1980 COUNTY CLERK'S FILE No. D208403925 x p. 5494.�Q COUNTY CLERK'S FILE No. D209049450 g ,? DEED RECORDS OF TARRANT COUNTY, TEXAS u PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239 EASEMENT AREA: 19,434 SQUARE FEET OR 0.446 ACRES CURTIS SMITH JOB No. HALF1403.00 DRAWN BY: CTA CAD FILE: O6 TCE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 19, 2015 EXHIBIT B PAGE 1 OF 2 SCALE: 1" = 60' 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 EXHIBIT "B " PARCEL No. 6 TCE 60' ROAD EASEMENT 4.733 ACRES (BY DEED) DEDICATED TO THE USE SOUTHWEST METAL AND BENEFIT OF THE PUBLIC z TREATING CORPORATION, LLC AS A ROAD EASEMENT PARCEL No. C.C.F. NO. D2 1 02 6 441 6 VOLUME 5168, PAGE 278 az 6 TCE D.R.T.C.T. D.R.T.C.T. SURV � a Zm --------------------- --------- C� -- - E B' DRP MPN No 401 LOCATION SUBJECT LO OF EASEMENT PBS APPROXIMATE LOCATION x OF SURVEY LINE 0.o RIGHT-OF-WAY a I 40.2 ACRES (BY DEED) LOT LINE WEST RISINGER ROAD •-I-• THOMAS D. GIBBS - (AN UNDEDICATED RIGHT-OF-WAY)_ _ C.C.F. NO. D200111309 -------------- ---- ---------------- ---i I D.R.T.C.T. I �- LINE TABLE I \\�� I PERMANENT WATER I MAIN EASEMENT TO THE LINE BEARING DISTANCE I ♦I CITY OF FORT WORTH Ld L-3 S 68'18'47"E 68.49' 7 C.C.F. NO. D103105741 00'49'07"E 46.90' SU(Zv�Y MyG � i��` D.R.T.C.T, L-5 N 00'49'07"W 69.56' w`\-Coy. JAcoe PCB �A°- zI G• I PROPOSED I° P & RVE� = RIGHT—OF—WAY I S. Q. S� 462 ....................................................... ..................................................... ..................................................... I— C`2:. MARKER.W. o RR RACE No. ., Q RA T CT ONE _ z I PBS 1 60' ROAD EASEMENT 6.26 ACRES (BY DEED) (gMppy C� I DEDICATED TO THE USE 3 I I AND BENEFIT OF THE PUBLIC 2201 RISINGER, L.L.C. 'k CONSTRUCT10N ::ac:::{::::::a::... I s� R.O.W. I AS A ROAD EASEMENT 50% UNDIVIDED INTEREST MARKER I VOLUME 5168, PAGE 278 (C.C.F. N0. D209049450) :`::EASEMENT AREA :: :: :::......:....:. :... 19,434 SQ. F. :.::........................... I D.R.T.C.T. ..................... D.R.T.C.T. �n••° :: I OR 0.446 ACRES':'':` :`'`::;:.:::::::: PAMELA L. ANDERSON, ;;{.:; .\ TRUSTEE OF THE :: :•:�:; I EXISTING ANDERSON MARITAL TRUST ::::::i:: RIGHT-OF-WAY ................................................................ (50% UNDIVIDED INTEREST APPROXIMATE LOCATION ;:E:: 0 SURVEY LINE VOLUME 9931 PAGE Y AGE 1980 - _ _. C.C.F. AND S 89*10'53"W 138.50' /EST R(SINGER ROAD D.R.T.C.T. I (AN UNDEDICATED RIGHT—OF—WAY) CURVE TABLE ` ---- ---- ------------------- CURVE RADIUS I DELTA ANGLE 1 CHORD BEARING CHORD LENGTH ARC LENGTH 3.256 ACRES (BY DEED C-1 1145.00' 21'55'27" S 79'16'30"E 435.46' 438.73' PEDRO HERRERA AND NO MA HERRERA, HUSBAND AND WIFE C-2 1115.00' 07'04'37" 1 N 75.21.17-V 1 137.63' 1 137.72' C.C,F. No. D209236836 D.R.T.C.T. NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. BO' 3O' 6O' 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 ORTWORT City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A TEMPORARY CONSTRUCTION EASEMENT OF OUT OF A 6.26 ACRE TRACT OF LAND Q� jS7F SITUATED IN THE JACOB WILCOX SURVEY, ABSTRACT No. 1743 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS -�~ - W•- �- AS RECORDED IN Q. IRIS 'SMITH VOLUME 9931, PAGE 1980 �T• 5;A, 1. COUNTY CLERK'S FILE No. D208403925 P. . COUNTY CLERK'S FILE No. D209049450 DEED RECORDS OF TARRANT COUNTY, TEXAS - PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239 S u EASEMENT AREA: 19,434 SQUARE FEET OR 0.446 ACRES CURTIS SMITH JOB No. HALF1403,00 DRAWN BY: CTA CAD FILE: 06 TCE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 19, 2015 EXHIBIT B PAGE 2 OF 2 SCALE: 1" = 60' N0, 5494 TEXAS FIRM No, 10106900 GORRONDONA k 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. 6 ROW CITY PROJECT No.02239 2201 W.RISINGER ROAD,FORT WORTH,TEXAS JACOB WILCOX SURVEY,ABSTRACT No. 1743 EXHIBIT"A" Being a 0.806 acre tract of land situated in the Jacob Wilcox Survey, Abstract No. 1743, City of Fort Worth, Tarrant County, Texas, said 0.806 acre tract of land being a portion of a 6.26 acre tract.of land (by deed) described as Tract One deeded to 2201 Risinger, L.L.C. (50% undivided interest) as recorded in County Clerk's File No. D209049450 of the Deed Records of Tarrant County, Texas, and being deeded to Pamela L. Anderson, Trustee of the Anderson Marital Trust (50% undivided interest) as recorded in Volume 9931, Page 1980 of said Deed Records of Tarrant County, Texas and being further described in County Clerk's File No. D208403925 of said Deed Records of Tarrant County,Texas,said 0.806 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a MAG nail found for the northwest corner of said 6.26 acre tract of land, said MAG nail being the intersection of the east right-of-way line of Burlington Northern and Santa Fe Railroad (a 100.0' right-of-way) with the existing south right-of-way line of West Risinger Road(an undedicated right-of-way); THENCE North 89 degrees 39 minutes 42 seconds East, with the north line of said 6.26 acre tract of land and with the existing south right-of--way line of said West Risinger Road, a distance of 468.80 feet to a point for the most northerly northeast corner of said 6.26 acre tract of land, from which a MAG nail found for reference bears North 49 degrees 58 minutes 55 seconds West,a distance of 0.90 feet; THENCE South 49 degrees 06 minutes 18 seconds East, with the north line of said 6.26 acre tract of land and with the existing south right-of-way line of said West Risinger Road, a distance of 41.40 feet to a MAG nail found for the most easterly northeast corner of said 6.26 acre tract of land; THENCE South 00 degrees 49 minutes 07 seconds East,with the east line of said 6.26 acre tract of land and with the existing south right-of-way line of said West Risinger Road, a distance of 117.30 feet to a R.O.W. marker set for the intersection of the existing south right-of-way line of said West Risinger Road with the proposed south right-of- way line of West Risinger Road; THE North 68 degrees 18 minutes 47 seconds West, with the proposed south right-of-way line of said West Risinger Road, a distance of 68.49 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 21 degrees 55 minutes 27 seconds, and whose chord bears North 79 degrees 16 minutes 30 seconds West,a distance of 435.46 feet Exhibit A Page 1 of 2 THENCE with the proposed south right-of-way line of said West Risinger Road and with said curve to the left, an arc length of 438.13 feet to a R.O.W.marker set for corner; THENCE South 89 degrees 45 minutes 46 seconds West, with the proposed south right-of-way line of said West Risinger Road, a distance of 11.15 feet to a R.O.W. marker set for corner in the west line of said 6.26 acre tract of land, said R.O.W. marker being the intersection of the proposed south right-of-way line of said West Risinger Road with the east right-of-way line of said Burlington Northern and Santa Fe Railroad; THENCE North 01 degrees 25 minutes 45 seconds East, with the west line of said 6.26 acre tract of land and with the east right-of-way line of said Burlington Northern and Santa Fe Railroad, a distance of 35.33 feet to the POINT OF BEGINNING and containing 35,109 square feet or 0.806 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 or, TF. Curtis Smith 'CURTIS'.SMITH 5494 Registered Professional Land Surveyor .1 °Ffss�°`' � No. 5494 Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No. 6 R 0 W LINE TABLE LINE BEARING I DISTANCE L-3 S 89'45'46"W 11.15' L-4 N 01'25'45'E 1 35.33' 4.733 ACRES (BY DEED) 60' ROAD EASEMENT SOUTHWEST METAL DEDICATED TO THE USE TREATING CORPORATION, LLC AND BENEFIT OF THE PUBLIC C.C.F. NO. D210264416 AS A ROAD EASEMENT psNMPN o V �Y D.R.T.C.T. VOLUME D.R.T.C.T. NAGE 27B 4o - ----------------------------------- - E NIB ?,PCT EXISTING RIGHT-OF-WAY WEST_RISINGER ROAD_ APPROXIMATE LOCATION (UN UNDEDICATED RIGHT-OF-WAY) P.0•B• OF SURVEY LINE FND. N 89'39'42"E 468.80' MAG NAIL a - ---- --- ---- ' '' RIGHT 0 W F.: . l AY W J AR 0 �:AC UIS IT10N 3 5 109 S Q ........................................ ...................11.......................................................................... .......................................... SET R.O.W. sET R.o.w. :::::::::.:OR 0.806 ACRES : Q ......................................................... MARKER ......:•:::::•::::::•::::::::•:.::::::::::.:.- 1 .................................. MARKER ........:.. L-3 RIGHT-OF-WAY �°' Z w0 [r a 5 VET J EC Q w,-COY, 1145 U Z o , JACOB RPCT N°' Q ui TRACT ONE Z u- P� 6.26 ACRES (BY DEED) O Q 2201 RISINGER, L.L.C. F— 1— o (50% UNDIVIDED INTEREST) O Z ° C.C.F. NO. D209049450 Z Q g D.R.T.C.T. J PAMELA L. ANDERSON, X Q 1 TRUSTEE OF THE D 4 I ANDERSON MARITAL TRUST PARCEL No. (50% UNDIVIDED INTEREST) 6 ROW VOLUME 9931, PAGE 1980 AND C.C.F. NO. D208403925 SUBJECT TRACT & D.R.T.C.T. LOCATION OF ACQUISITION 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 'GORRONDDNA" SET UNLESS OTHERWISE NOTED, 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, HAD-83, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET ORTWORT City of Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A RIGHT—OF—WAY ACQUISITION OF OUT OF A 6.26 ACRE TRACT OF LAND Q G,STe JACOB WILCOX SITUATED UY,I ABSTRACT No. 1743 Rya 9 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS -� — AS RECORDED IN CURTIS ,SMIT VOLUME 9931, PAGE 1980 COUNTY CLERK'S FILE No. D208403925 5494 COUNTY CLERK'S FILE No. D209049450 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROD. No. 02239 ACQUISITION AREA: 35 109 SQUARE FEET OR 0.806 ACRES CURTIS SMITH JOB No. HALF1403.00 DRAWN BY: CTA CAD Fl LE: 06 ROW.OWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 19, 2015 EXHIBIT B PAGE 1 OF 2 1 SCALE: 1" = 60' NO. 5494 TEXAS FlRM 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. 6 ROW 60' ROAD EASEMENT 4.733 ACRES (BY DEED) DEDICATED 10 THE USE SOUTHWEST METAL AND BENEFIT OF THE PUBLIC PARCEL No. TREATING CORPORATION, LLC AS A ROAD EASEMENT C.C.F. NO. D210264416 VOLUME 5168, PAGE 278 6 ROW D.R.T.C.T. D.R.T.C.T. -- D,SHMp 00.V�0 E�- ---- ' SUBJECT TRACT & � LOCATION OF ACQUISITION WEST RISINGER ROAD P APPROXIMATE LOCATION OF SURVEY LINE I — I (UN UNDEDICATED RIGHT-OF-WAY) — EXISTING I RIGHT-OF-WAY 40.2 ACRES (BY DEED) LOT LINE x THOMAS 0. GIBBS - — _ N 89'39 42 E 468.80' _ i C.C.F. NO. D200111309 r,, - I D.R.T.C.T. -- ::.FND. I \ I PERMANENT WATER N 49'58'55'14 0.90'ti{::::{iii::i:•:....:. \ I MAIN EASEMENT TO THE RIGHT-OF-WAY WA CITY OF FORT WORTH I I T AC UIS 0 Q ITI N AREA:�'i�?:�:.;�'t•'::::::�:::�i?:;':�:�'��:?��: :�:::::::�`;� `:`:::i�:��:� °':,`.:::::�::::::=: :;:`��':'. L1I FND....;;;{.;; I\\�C.C.f. D.R.T.C.T. 35,109 SQ. FT. is MAG NAIL:{•::.1.:- \ Q OR 0.806 ACRES I O I I G• d \ .. ..................................................... ....................................................................................................................... . ••R I P• V R . ......................................................................... ... W ................................................................................., COX 1�q.3 . �:•:•x:�. I 5• 0 SV .�q,�2 ..................................................... ............. :'' \\I RR ACS N�. J C`1::: pBs.::::::::::':PROPOSED::::::::::.::':::t•::�� I\\ NOS,R `♦ = TRACT ONE __ �::•:RIGHT-oF-Wnv:�:`.�:2�:�:�:;t�a w I `\ `\\ �- 6.26 ACRES (BY DEED) ".... o I 60 EASEMENT' \\ O z I ' ROAD EASEMENT\\ Q 2201 RISINGER, L.L.C. SET R.O.W. ;;;;•};; I�� I DEDICATED TO THE USE (50% UNDIVIDED INTEREST) MARKER AND BENEFIT OF THE PUBLIC\\ C.C.F. N0. D209049450 4 i} I° ' I AS A ROAD EASEMENT \ VOLUME 5168, PAGE 278 D.R.T.C.T. SURV S MARK R � i D.R.T.C.T. \. PAMELA L ANDERSON, TRUSTEE OF THE N(1�CCX �7q3 i 5z ------------'�---- ANDERSON MARITAL TRUST �p,CO'a RACE N°' I W° EXISTING HOF-WAY \\\ (50% UNDIVIDED INTEREST) N I a APPROXIMATE LOCATION\\ VOLUME 9931, PAGE 1980 I OF SURVEY LINE AND LINE TABLE I — — LINE BEARING DISTANCE C.C.F. NO. D208403925 I L-1 I S 49.06'16"E 1 41.40' ; I WEST RISINGER ROAD D.R.T.C.T. L-2 N 68'18'47"W 68.49' I (UN UNDEDICATED RIGHT-OF-WAY) -- CURVE TABLE 3.256 ACRES (BY DEED)) CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH PEORO HERRERA AND NORMA C-1 1145.00' 21'55'27" N 79'16'30"W 435.46' 438.13' HERRERA, HUSBAND AND WIFE C.C.F. No. D209236836 D.R.T.C.T. 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. �JIIII■ - ---� 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 orwoRT City of Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A RIGHT-OF-WAY ACQUISITION OF OUT OF A 6.26 ACRE TRACT OF LAND SITUATED IN THE � FG�sTER� y: JACOB WILCOX SURVEY, ABSTRACT No, 1743 Ui CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ~~~ AS RECORDED IN CURTIS, SMITH COUNTY VOLUME RK'S9FILEPNo.ED208403925 <'.pOF54.94 ,r' COUNTY CLERK'S FILE No. D209049450 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239 ACQUISITION AREA- 35 109 SQUARE FEET OR 0.806 ACRES CURTIS SMITH JOB No. HALF1403,00 DRAWN 8Y: CTA CAD FILE: 06 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 19, 2015 EXHIBIT B PAGE 2 OF 2 1 SCALE: 1" = 60' 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 2201 W. Risinger Road, Fort Worth, TX 76134 < "~r �a " a fui"s f j,�V iCluutl " , r �� 0 rttan i .. r "� � •�. � � '�i��ifw�lfllb�;'� �m'�A LY R� I �� S. � 4 r .g �fZ(ifl&�rlird� l e i rf a I I � Crowley CZeburnerR�i � , , t d fill , / �� RIGHT OF WAY ACQUISITION AREA �a l rio SQ. FT.(0.806 Risrr: er Rrl l r! TEMPORARY CONSTRUCTION EASEMENT AREA ' 19,434 SQ.FT.(0.446 ACRES) ll 0 2,000 4,000 N j; jill! %� �' �'% W�E /i r '!i ii�/! �%/f �/lr�c���,'!�% �Il SCALE IN FEET S Legend CITY PROJECT#02239 RISINGER ROAD PARCEL 6 ROW+6 TCE = Property Boundary - -- Proposed 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.HalffAssociates assumes no responsibility for the accuracy of said data. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 112612016 -;Resolution No. 4582-01-2016 DATE: Tuesday, January 26, 2016 REFERENCE NO.: L-15861 LOG NAME: 21 PMD 2239-06-CONDEMN SUBJECT: Adopt Resolution Authorizing Condemnation by Eminent Domain for a Fee Simple Interest on 0.806 Acres of Land and a Temporary Construction Easement on 0.446 Acres of Land Owned by 2201 Risinger, L.L.C. and Pamela L. Anderson, Trustee of the Anderson Marital Trust, Located at 2201 West Risinger 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 landowners to acquire a fee simple interest on 0.806 acre and a temporary construction easement on 0.446 acre of land on property owned by 2201 Risinger, L.L.C. and Pamela L. Anderson, Trustee of the Anderson Marital Trust, located at 2201 West Risinger Road were unsuccessful due to the owners'failure to respond to the City's final offer; 2. Declare the necessity to acquire the fee simple interest and a 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 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 for 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 land rights in the subject property must be acquired for construction 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 for the land for both easements in the amount of $349,131.00. 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 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 and Halff&Associates 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 Logname: 21PMD 2239-06-CONDEMN Page 1 of 3 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. _ A[ ddress/Legal Description Type of Property/Acres 6 2201 West Risinger Road, —IFee Simple Interest/0.806 Abstract No. 1743, Tract 2C, ,Acres _ Jacob Wilcox Survey _I 6 —TCE 2201 West Risinger Road, Temporary Construction Abstract No. 1743, Tract 2C, Easement/0.446 Acres Jacob Wilcox 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 the use of the power of eminent domain to acquire a fee simple interest on 0.806 acres of land and a temporary construction easement on 0.446 acres of land owned by 2201 Risinger, L.L.C. and Pamela L. Anderson, Trustee of the Anderson Marital Trust, located at 2201 West Risinger Road, needed for the improvements to Risinger Road from Crowley Road to McCart Avenue Project. The fee fimple Interest and temporary construction easement 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 Abstract No. 1773, Tract 2C, Jacob Wilcox Survey, Tarrant County, Texas, also known as 2201 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. 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 I Pending Remaining Encumbrances/Expenditures Balance Risinger Road/ 2014 Bond [$10,340,000.00 $1,960,514.16 $8,379,485.84 Program Logname: 21PMD 2239-06-CONDEMN Page 2 of 3 FUND IDENTIFIERS (FIDsJ: TO Fund Department Accoun Project Program ctivity Budget Reference # --?�M- oun 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 $342,329.0 34014 0200431 5740010 CO2239 CO2380 2016 14010199 $6,802.0 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 2239-06-CONDEMN Page 3 of 3