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HomeMy WebLinkAboutResolution 4587-02-2016 A Resolution NO. 4587-02-2016 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 February 2, 2016, in M&C L-15865, ordered and decreed that a public necessity existed for the acquisition of a fee simple interest in 0.301 acres of land for right-of-way and 0.285 acres for a temporary construction easement from a tract located at 2200 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 - 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 2nd day of February, 2016, at a regular meeting of the Fort Worth City Council, upon M otion 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 0.301 acres of land for right-of-way and 0.285 acres for a temporary construction easement from property owned by Southwest Metal Treating Corporation, L.L.C. a/k/a Southwest Metal Treating Corporation, needed for the 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. 407, Tract 4c, ORT WORT E. B. Dishman Survey, Tarrant County, Texas, also known as 2200 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 2°a day of February, 2016. ,d-o'o�on FOFir 144 A °000OO°° ATTEST: p °°° °°o0 a do 0 7 ° d °0 0o vd By' ` �� °°0000°°°°� 19 Mary J,/.Ps r, Cif Secretary ORT WORT PROJECT NAME: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE PARCEL No. 7 ROW CITY PROJECT No. 02239 2200 W.RISINGER ROAD,FORT WORTH,TEXAS E.B.DISHMAN SURVEY,ABSTRACT No. 407 EXHIBIT"A" Being a 0.301 acre tract of land situated in the E. B. Dishman Survey, Abstract No. 407, City of Fort Worth, Tarrant County, Texas, said 0.301 acre tract of land being a portion 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 the Deed Records of Tarrant County, Texas, said 0.301 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found for the northwest 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 5/8 inch iron rod being the southwest corner of Lot 1, Block I 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 5/8 inch iron rod also being in the east right-of-way line of Burlington Northern and Santa Fe Railroad (a 100.0' right-of-way); THENCE South 01 degrees 27 minutes 49 seconds West, with the west line of said 2.99 acre tract of land and with the east right-of-way line of said Burlington Northern and Santa Fe Railroad, a distance of 260.67 feet to a point for the southwest corner of said 2.99 acre tract of land, said point being the northwest corner of said 4.733 acre tract of land; THENCE South 01 degrees 25 minutes 00 seconds West, with the west line of said 4.733 acre tract of land and with the east right-of-way line of said Burlington Northern and Santa Fe Railroad, a distance of 346.40 feet to a R.O.W. marker set for the POINT OF BEGINNING, 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 north right-of-way line of West Risinger Road(an undedicated right-of-way); THENCE North 89 degrees 45 minutes 46 seconds East, with the proposed north right-of-way line of said West Risinger Road, a distance of 8.04 feet to a R.O.W.marker set for the beginning of a curve to the right having a radius of 1255.00 feet, a central angle of 16 degrees 18 minutes 31 seconds, and whose chord bears South 82 degrees 04 minutes 58 seconds East, a distance of 356.02 feet; THENCE with the proposed north right-of-way line of said West Risinger Road and with said curve to the right, an are length of 357.22 feet to a R.O.W.marker set for corner in the south line of said 4.733 acre tract of land, said R.O.W. marker being in said West Risinger Road; Exhibit A Page 1 of 2 THENCE South 89 degrees 05 minutes 34 seconds West, with the south line of said 4.733 acre tract of land and with said West Risinger Road, a distance of 362.07 feet to a PK nail found for the southwest corner of said 4.733 acre tract of land, said PK nail being in the east right-of-way line of said Burlington Northern and Santa Fe Railroad; THENCE North 01 degrees 25 minutes 00 seconds East, with the west line of said 4.733 acre tract of land and with the east right-of-way line of said Burlington Northern and Santa Fe Railroad, a distance of 54.76 feet to the POINT OF BEGINNING and containing 13,122 square feet or 0.301 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 OF — � Curtis Smith CURTIS SMITH Registered Professional Land Surveyor 9:°poF5494 No. 5494 �� SUR��� Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No, 7 ROW P.O.C. FND. 5/8"IRF 40.2 ACRES (BY DEED) THOMAS D. GIBBS VOLUME 14366, PAGE 199 D.R.T.C.T. LOT 1, BLOCK 1 a CIBBS INDUSTRIAL ADDITION CABINET A, SLIDE 6409 3 P.R.T.C.T. m n `l W O p�SNMA�a5��p7 {= JfY , PgS�RPC� 2.99 OUTHWEST META°) 3 TREATING CORPORATION, LLC Q I VOLUME 11455, PAGE 846 O jr o D.R.T.C.T. Z bz °a Z < CC ri J I = Z m Q _I M 4.733 ACRES (BY DEED) SOUTHWEST METAL o TREATING CORPORATION, LLC C.C.F. NO. D210264416 D.R.T.C.T. 0 v, PARCEL No, 7 ROW SUBJECT TRACT & I LOCATION OF ACQUISITION MATCH LINE PAGE 2 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 y O f Fort W O rt"h 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A RIGHT—OF---WAY ACQUISITION F„ T OUT OF A Q G\S7e�;•�� 4.733 ACRE S TRA TMOF LAND E. B. DISHMAN SURVEY, ABSTRACT No. 407 CURTIS SMIT CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN ----""•--- I- COUNTY CLERK'S FILE No. /)210264416 Cl, 5494 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239 ACQUISITION AREA: 13,122 SQUARE FEET OR 0.301 ACRES CURTIS SMITH JOB No, HALF1403,00 DRAWN BY: CTA CAD FILE: 07 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 19, 2015 EXHIBIT B PAGE 1 OF 3 1 SCALE: 1" = 60' IND. 5494 TEXAS FlRM No. 10106900 GORRONDONA & ASSOCIATES, INC. 7524 JACK NEWELL BOULEVARD S31 FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 EXHIBIT 11 B " MATCH LINE PAGE 1 PARCEL No. 7 ROW z ❑ CURVE TABLE W O CURVE RADIUS DELTA ANGLE CHORD BFhRING CHORD LENGTH ARC LENGTH C-1 7255.00' 16'78'31" S 82'04'58"E 356.02" 1 357.22' I = X I LINE TABLE 3 I LINE BEARING DISTANCE Q o L-1 N 89'45'46"E 8,04' o m L-2 N 01'25'00"E 54.76' z W I M Z LL F¢- o o MAN SUS I z Q ¢ of B SDRP No A8 I � C/) :D z 4.733 ACRES (BY DEED) W SOUTHWEST METAL C>7 Q TREATING CORPORATION, LLC Q L-1 C.C.F. NO. D210264416 0- P•O.B. SET R.O.W. D.R.T.C.T. SET R.O.W. MARKER W PROPOSED z I MARKER C-1 RIGHT-OF-WAY J HT F RI .......... kk WAY ... UISITION AREA ':4: : ?; ::'tR:': ::::::•:::•:... z I Q 13,122 S Q. FT. U 1 .............................................................................................. ; 0 0.30 i ACRES FND. . Q I- -� PK NAIL : :: ::.:. ::::::::::::•. oB w,�c o 13Y :: ::::::::.:: APPROXIMATE LOCATION S89'05'34"W 362.07' ON OF SURVEY LINE _ WEST RISINGER ROAD —� UNDEDICATED RIGHT-OF-WAY) _ JAAgS�RAC( EXISTING RIGHT-OF-WAY 6.26 ACRES BYE DEED) 60' ROAD EASEMENT 2201 RISINGER, L.L,C. DEDICATED TO THE USE (507 UNDIVIDED INTEREST) AND BENEFIT OF THE PUBLIC C.C.F. NO. D209049450 AS A ROAD EASEMENT D.R.T.C.T. PARCEL No I VOLUME 5168, PAGE 278 PAMELA L. ANDERSON, 7 ROW O.R.i.C.T. TRUSTEE OF THE ANDERSON MARITAL TRUST (50% UNDIVIDED INTEREST) VOLUME 9931, PAGE 1980 SUBJECT TRACT & AND LOCATION OF ACQUISITION C.C.F. NO. 0208403925 D.R.T.O,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. -- -- 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 RIGHT—OF—WAY ACQUISITION OUT OF a P •'��sTF�•F� 4.733 SITUATED TRACT OF LAND �.�tv Fo..y 1. E. B. DISHMAN SURVEY, ABSTRACT No. 407 C"RTIS",SMIT CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN "�" '— COUNTY CLERK'S FILE No. D210264416 :.pOF5494 DEED RECORDS OF TARRANT COUNTY, TEXAS 5 PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE CITY PROJ. No. 02239 SU ACQUISITION AREA: 13 122 SQUARE FEET OR 0.301 ACRES CURTIS SMITH JOB No. HALF1403.00 DRAWN BY: CTA CAD FILE: 07 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 19, 2015 EXHIBIT B PAGE 2 OF 3 SCALE; 1' = 60' N0. 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. 7 ROW CURVE TABLE CURVEI RADIUS IDELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH I PARCEL No C-1 1255.00' 16'18'31" S 82'04'58"E 356.02' 357.22' 7 ROW I 1 SUBJECT TRACT & LOCATION OF ACQUISITION o E• P�S�RAC� ( I I o LOT 1 4.733 ACRES (BY DEED) °} i i 13 N o i s0 AL 9 6409 SOUTHWEST TTREATINGCORPORAON, LLC 5 I jNET T G.T. C AB C.C.F. NO. D210264416 0N LLJ D.R.T.C.T. 40.2 ACRES (BY DEED) Q¢ RIGHT—OF—WAY 60' ROAD EASEMENT (a I I THOMAS D. GIBBS ACQUISITION AREA C_C.F. NO. 0200111309 DEDICATED TO THE USE I I LLi 13,122 SQ. Fr. AND BENEFIT OF THE PUBLIC I I D.R.T.C.T. OR 0.301 ACRES AS A ROAD EASEMENT Z VOLUME 5168, PAGE 278 ELECTRICAL 10.0'XEASEPAENT —I D.R.T.C.T. CABINET A, SLIDE 6409 I-I I P.R.T.C.i. M, G. _ -- ----- ———— ------ --- f I & C) PROPOSED I II S• P' S�R�E Q L'�� CO RIGHT—OF—WAY I I I RR. a, , APPROXIMATE LOCATION !J � OF SURVEY LINE ABS�RAC� S 89•05'34"W MARKEI°W WEST RISWGER ROAD 362.07 I _ _ LOT LINE _ (AN UNDEDICATED RIGHT—OF—WAY) I PERMANENT WATER _----_— --------- ---, I MAIN EASEMENT TO THE TRACT ONE _— I �� I CITY OF FORT WORTH 6.26 ACRES (BY DEED) EXISTING RIGHT—OF—WAY_I `� j C.C.F. N0. 0103105741 2201 RISINGER, L.L.C. I �\ I D.R.T.C.T. (50% UNDIVIDED INTEREST) f �, C.C.F. NO. D209049450 I 40.2 ACRES (BY DEED) PATRUSTEE F TH ANDERSON, W1L��X S 1R�3Y I i \\\\� C.C.F. NO. D. GIB1B309 ANDERSON MARITAL TRUST �p,COg PO 1 �� �� D.R.T.C.T. (50% UNDIVIDED INTEREST) VOLUME 9931, PAGE 1980 AND C.C.F. NO. D208403925 I I\ D.R.T.C.T. f 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 RIGHT—OF—WAY ACQUISITION F, OUT OF A P G�STe 4.733 ACRE TRACT OF LAND 'F 4'F'•. y SITUATED IN THE co E. B. DISHMAN SURVEY, ABSTRACT No. 407 CURTIS SMITH CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN 5494 COUNTY CLERK'S FILE No. D210264416 DEED RECORDS OF TARRANT COUNTY, TEXAS SS1 PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROD. No. 02239 s ACQUISITION AREA: 13,122 SQUARE FEET OR 0.301 ACRES CU RTIS SMITH JOB No. HALF1403.00 DRAWN BY: CTA CAD FILE: 07 ROW,DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 19, 2015 EXHIBIT B PAGE 3 OF 3 SCALE: 1" = 60' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA k ASSOCIATES, INC. • 7624 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. 7 TCE CITY PROJECT No. 02239 2200 W. RISINGER ROAD,FORT WORTH,TEXAS E.B.DISHMAN SURVEY,ABSTRACT No. 407 EXHIBIT "A" Being a temporary construction easement situated in the E. B. Dishman Survey, Abstract No. 407, City of Fort Worth, Tarrant County, Texas, said temporary construction easement being a portion 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 the Deed Records of Tarrant County, Texas, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found for the northwest 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 5/8 inch iron rod being the most westerly southwest corner 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 5/8 inch iron rod also being in the east right-of-way line of Burlington Northern and Santa Fe Railroad (a 100.0' right-of-way); THENCE South 01 degrees 27 minutes 49 seconds West, with the west line of said 2.99 acre tract of land and with the east right-of-way line of said Burlington Northern and Santa Fe Railroad, a distance of 260.67 feet to a point for the southwest corner of said 2.99 acre tract of land, said point being the northwest corner of said 4.733 acre tract of land; THENCE South 01 degrees 25 minutes 00 seconds West, with the west line of said 4.733 acre tract of land and with the east right-of-way line of said Burlington Northern and Santa Fe Railroad, a distance of 321.39 feet to the POINT OF BEGINNING of the herein described temporary construction easement; THENCE North 89 degrees 45 minutes 46 seconds East, a distance of 7.32 feet to a point for the beginning of a curve to the right having a radius of 1280.00 feet, a central angle of 03 degrees 59 minutes 48 seconds, and whose chord bears South 88 degrees 14 minutes 20 seconds East, a distance of 89.27 feet; THENCE with said curve to the right,an are length of 89.29 feet to a point for corner; THENCE South 03 degrees 59 minutes 00 seconds West, a distance of 10.00 feet to a point for the beginning of a non-tangent curve to the right having a radius of 1270.00 feet, a central angle of 07 degrees 06 minutes 05 seconds, and whose chord bears South 82 degrees 41 minutes 29 seconds East, a distance of 157.31 feet; THENCE with said non-tangent curve to the right, an are length of 157.41 feet to a point for corner; Exhibit A Page 1 of 3 THENCE North 00 degrees 54 minutes 26 seconds West, a distance of 32.67 feet to a point for corner; THENCE North 89 degrees 25 minutes 14 seconds East, a distance of 50.00 feet to a point for corner; THENCE South 00 degrees 54 minutes 26 seconds East, a distance of 50.39 feet to a point for corner; THENCE North 89 degrees 05 minutes 34 seconds East, a distance of 218.29 feet to a point for corner in the east line of said 4.733 acre tract of land, said point being in the west line of said Lot 1; THENCE South 00 degrees 50 minutes 51 seconds East, with the east line of said 4.733 acre tract of land and with the west line of said Lot 1, a distance of 25.00 feet to a point for the southeast corner of said 4.733 acre tract of land, said point being in West Risinger Road(an undedicated right-of-way); THENCE South 89 degrees 05 minutes 34 seconds West, with the south line of said 4.733 acre tract of land and with said West Risinger Road, a distance of 160.76 feet to a R.O.W. marker set for the intersection of the south line of said 4.733 acre tract of land with the proposed north right-of-way line of said West Risinger Road,said R.O.W.marker being the beginning of a non-tangent curve to the left having a radius of 1255.00 feet, a central angle of 16 degrees 18 minutes 31 seconds, and whose chord bears North 82 degrees 04 minutes 58 seconds West,a distance of 356.02 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 arc length of 357.22 feet to a R.O.W. marker set for corner; THENCE South 89 degrees 45 minutes 46 seconds West, a distance of 8.04 feet to a R.O.W. marker set for the intersection of the proposed north right-of-way line of said West Risinger Road with the east right-of-way line of said Burlington Northern and Santa Fe Railroad and the west line of said 4.733 acre tract of land, from which a PK nail found for the southwest corner of said 4.733 acre tract of land bears South 01 degrees 25 minutes 00 seconds West, a distance of 54.76 feet; THENCE North 01 degrees 25 minutes 00 seconds East, with the west line of said 4.733 acre tract of land and with the east right-of-way line of said Burlington Northern and Santa Fe Railroad, a distance of 25.01 feet to the POINT OF BEGINNING and containing 12,427 squaxe feet or 0.285 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 °� TF Curtis Smith CURTIS SMITH Registered Professional Land Surveyor :°.poF54s4 Y No. 5494 ti�:,E t I SUR`� Texas Firm No. 10106900 Exhibit A Page 3 of 3 EXHIBIT "B " PARCEL No. 7 TCE P.O.C' 40.2 ACRES (BY DEED) FND. 5/8"IRF THOMAS D. GIBBS VOLUME 14366, PAGE 199 D.R.T.C.T. LOT 1, BLOCK 1 to GIBBS INDUSTRIAL ADDITION cli CABINET A, SLIDE 6409 P.R.T.C.T. �r Z ry so RE 4 w O tSNM AN 40-7 pRPC� N o 2.99 SOUTHWEST DEED) METAL Q VOLUME 455,PAGE 846C O 1 I O (r o D.R.T.C.T.. zW0 z LL 0 z o 0 I _Z J = z° m ¢ M I M 4.733 ACRES (BY DEED) SOUTHWEST METAL o TREATING CORPORATION, LLC C.C.F. NO. D210264416 N D.R.T.C.T. 0 PARCEL No N' 7 TCE ( SUBJECT TRACT & LOCATION OF EASEMENT MATCH LINE PAGE 2 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 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 HROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A TEMPORARY CONSTRUCTION EASEMENT �E, F, OUT OF A Q :'G`STf 4.733 ACRE TRACT OF LAND A, �k RFo;y SITUATED IN THE �i _ _ kn E. B, DISHMAN SURVEY, ABSTRACT No. 407 » CURTIS SMITH— CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN COUNTY CLERK'S FILE No. D210264416 0 5494 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE CITY PROJ. No. 02239 S U EASEMENT AREA: 12 427 SQUARE FEET OR 0.285 ACRES CURTIS SMITH JOB No. HALF1403.00 DRAWN BY: CTA CAD FILE. 07 TCE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 19, 2015 EXHIBIT B PAGE 1 OF 3 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 " MATCH LINE PAGE 1 PARCEL No. 7 ME CURVE TABLE W cr O CURVE RADIUS DELTA ANGLE CHORD SEARING CHORD LENGTH ARC LENGTH C-1 1280.00' 03'59'48" S 88'14'20"E 89.27' 89.29' =, I C--1 1270.00' 07'06'05" S 82'41'29"E 157.31' 157.41' C-3 1255.00' 16'18'31" 1 N 82'04'58"W 1 356.02' 1 357.22' ir I LINE A13LE O cr 4 "'I LINE BEARING DISTANCE z LL = n SNMAN AO-7 Y L-2 S 03'59'00"W 1000' P'STRNO N0, L-4 N 89'25'1 E 50.00' f--' o N B 4.733 ACRES (BY DEED) L-7 S 89'45'465y 8.04' 0 Z SOUTHWEST METAL L-8 S 01'25'00"W 54.76' Z Q I TREATING CORPORATION, LLC L—s N 01'25'00'E 25.01' —I C.C.F. NO. D210264416 TEMPORARY I7 I D.R.T.C.T. CONSTRUCTION = Z L-1 EASEMENT AREA Lil m Q C-1 L-2 12,427 SQ. FT. L_4 CD P.0.B. m ......... .. OR 0.285 ACRES ::;:;: n :::.::::..:: : ::::::::::::::::::::::::::::::::: ::•::::.......... C—.2 I :: :.:..: w ....................... J:::::::;:::•: Z ......::•::•::.::.°::•:::.:•:•:ti�i:•:::ii::i:ii:•:ii:i: i:•iii:iii::r•:�:•:. ......... SET R.O.W. SET R.O.W. (',^J'::::::::. :::::•:::.:ii::......::...... ........... MARKER :...::.:::................. .......... MARKER ROPOS D ` .............;;:;:::::::::: --- RIGHT—OF—WAY --------- y. WW :::::• 2 J FND. Q PK NAIL APPROXIMATE LOCATION WEST RISINGER ROAD OF SURVEY LINE COB w'�C NOS 17�3 -- (AN UNDEDICATIED RIGHT vOF-WAY) -- --_--- JA pC� _---------------- TRACT ONE PBS�R RIGIHTINOF—WAY 6.26 ACRES (BY DEED) 2201 RISINGER, L.L.C. 60' ROAO EASEMENT (50% UNDIVIDED INTEREST) DEDICATED TO THE USE C.C.F. NO. D209049450 I AND BENEFIT OF THE PUBLIC D.R.T.C.T. AS A ROAD EASEMENT PAMELA L. ANDERSON, PARCEL No ( VOLUME 5168, PACE 278 TRUSTEE OF THE 7 TCE D.R.T.C.T. ANDERSON MARITAL TRUST (50% UNDIVIDED INTEREST) VOLUME 9931, PAGE 1980 SUBJECT TRACT & AND LOCATION OF EASEMENT C.C.F. N0. 3925 D.R.T.C.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. - 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 URT WORT City y O f Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A TEMPORARY CONSTRUCTION EASEMENT F., r� OUT OF A 4.733 ACRE TRACT OF LAND SITUATED IN THE E. B. DISHMAN SURVEY, ABSTRACT No. 407 CURTIS^SNIT CITY OF FORT WORTH, TARRANT COUNTY, TEXAS _ AS RECORDED IN "f �N 5494µ NIA COUNTY CLERK'S FILE No. D210264416 DEED RECORDS OF TARRANT COUNTY, TEXAS �F g ..'A� PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239 S EASEMENT AREA: 12,427 SQUARE FEET OR 0.285 ACRES CURTIS SMITH JOB No. HALF1403.00 I DRAWN BY: CTA CAD FILE: 07 TCE.DWG 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 B17-496-1424 FAX 817-496-1766 EXHIBIT "B " CURVE TABLE PARCEL No. 7 TCE i I i C RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH I PARCEL No1255.00' 16'18'31" N 82'04'S8'W 356.02 357.22• 1 7 TCE LINE TABLE LINE BEARING DISTANCE I I SUBJECT TRACT & L-5 S 00'54'26"E 50.39' SuR�E� j i LOCATION OF EASEMENT L-6 S 00'50'51"E 1 25.00 C pISN�ANo. A0� ApS1RAC o I LOT 1 1 I 4.733 ACRES (BY DEED) °� �yOC IAL 0N SOUTHWEST METAL X CAaINp j �LYD� 6409 N TREATING CORPORATION, LLC 2im i 1 GSB)3 5 ET A' C.T. C.C.F. NO. D210264416 °n:o I 1 W D.R.T.C.T. a I I Q L-4 TEMPORARY 1', 40.2 ACRES (BY DEED) d. ;:• 60 ROAD EASEMENT I I THOMAS D. GIBBS CONSTRUCTION DEDICATED TO THE USE I I C.C.F. NO. D200111309 EASEMENT AREA AND BENEFIT OF THE PUBLIC I I D.R.T.C.T. LLI 12,427 SQ. FT. AS A ROAD EASEMENT z •"" i f 10.0'X676' : I OR 0.285 ACRES VOLUME S I68, PAGE 278 ^�•'•°�^•• J 1 I ELECTRICAL EASEMENT CABINET A, SLIDE 6409 G. _ W ---- -------N 89'05'34"E 218.29''----------. - P.R.T.C.T. A & U S• S 62 :;:. I 0• 1 1 1 G o. L V R• N ••••�LOCATION: R ::�'•A.F'FROXIMATE '( Q C``;•.-:r.•r::i•:.:.:.:1i:;:•:::�i::•ii:•::•i::•:i ;:•?:.:•:•:ii:?:ii:•:•i:iir:•:•i::•:�:°::•::{::: 0 SURVEY LINE J I RAC _ — SET R.O.W. S 89'05'34"W 160.76' i Aa MARKER WEST RISINGER ROAD Lor LINE (AN UNDEDICAT)ED RIGHT—OF—WAY) I PERMANENT WATER —— -- I MAIN EASEMENT TO THE I �� ' CITY OF FORT WORTH TRACT ONE EXISTING t ' C.C.F. NO. D103105741 6.26 ACRES (BY DEED) RIGHT—OF—WAY I D.R.T.C.T. 2201 RISINGER, L.L.C. (50% UNDIVIDED INTEREST) I �i (5 40 g RAC 57Y ! ACRES PA ELA L, AN N X THOMAS D. 8B TRUSTEE THE I \ C.C.F. 309 ANDERSON rrP S LE No. D.R.T.C.T. 07 UNDIVDEDNT E T) VOLUME 9931, PAGE 1980 AND C.C.F. NO. D208403925 D.R.T.C.T. 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 BLUE CAP TAMPED '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 W 4 rth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A OF TEMPORARY CONSTRUCTION EASEMENT �E„ •„T�. 4.733 ACRE TOF ACT OF LAND �Q 'F�1S7eRF'y SITUATED IN THE E. B. DISHMAN SURVEY, ABSTRACT No. 407 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CURTIS SMIT AS RECORDED IN .. .........,..........." ....-,.. ,. ... COUNTY CLERK'S FILE No. D210264416 .,p 5494 DEED RECORDS OF TARRANT COUNTY, TEXAS �C $ PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239 S EASEMENT AREA: 12,427 SQUARE FEET OR 0.285 ACRES CURTIS SMITH JOB No. HALF1403.00 DRAWN BY: CTA CAD FILE: 07 TCE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 19, 2015 EXHIBIT B PAGE 3 OF 3 SCALE: 1" = 60' IND. 5494 TEXAS FIRM No. 10106900 GORRONDONA do ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817-496-1768 MAYOR AND COUNCIL COMMUNICATION MAP 2200 W. Risinger Road, Fort Worth, TX 76134 Max �y Misty'Valley�� y eekLn Roddy D► ,tg�ti�' � Lincolns��t -'`� G �-.TGunningham St t2 Risinger G:.� Risinger Rd Cro ey �'leburne I E---- ---= , t TEMPORARY CONSTRUCTION EASEMENT AREA 12,427 SQ.FT.(0.285 ACRES) Risiln er Rd — i tic 'i c .Risin er'Rd - f s, RIGHT OF WAY ACQUISITION AREA a r 13,122 SQ.FT.(0.301 ACRES) 0 2,000 4,000 N ►- � W E SCALE IN FEET S Legend CITY PROJECT#02239 RISINGER ROAD PARCEL 7 ROW+7 TICE 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.Halff Associates assumes no responsibility for the accuracy of said data. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/212016 - Resolution No. 4587-02-2016 DATE: Tuesday, February 02, 2016 REFERENCE NO.: L-15865 LOG NAME: 21 PMD 2239-07-CONDEMN SUBJECT: Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire a Fee Simple Interest in 0.301 Acres of Land for Right-of-Way and 0.285 Acres for a Temporary Construction Easement from Property Owned by Southwest Metal Treating Corporation, L.L.C. a/k/a Southwest Metal Treating Corporation Located at 2200 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 landowner to acquire a fee simple interest on 0.301 acres for right-of-way and 0.285 acres for a temporary construction easement from property owned by Southwest Metal Treating Corporation, L.L.C. a/k/a Southwest Metal Treating Corporation located at 2200 West Risinger Road, Fort Worth, Texas, 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 temporary construction easement interest 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 a 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 for the land for both easements in the amount of $235,015.00. 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 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 Logname: 21PMD 2239-07-CONDEMN Pagel of 3 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 on the property as shown below. Funds are available in the 2014 Bond Program Fund. Parcel No. Address/Legal Description (_Type of Property/Acres_ 7 20West Risinger Road IFee Simple Interest/ 0.301 F Abstract No. 407, Tract 4c, E. Acres B. Dishman Survey _ 7 — TCE 2 200 West Risinger Road, Temporary-Construction Abstract No. 407, Tract 4c, E. Easement/ 0.285 Acres B. Dishman 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 0.301 acres of land for right-of-way and 0.285 acres for a temporary construction easement from property owned by Southwest Metal Treating Corporation, L.L.C. a/k/a Southwest Meatal Treating Corporation, needed for the 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. 407, Tract 4c, E. B. Dishman Survey, Tarrant County, Texas, also known as 2200 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 Director of Finance 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 Program [$10,340,000.00$1,850,128.00 I $8,489,872.00 Logname: 21PMD 2239-07-CONDEMN Page 2 of 3 TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID 1A 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 $233,467.00 34014 0200431 5740010 CO2239 CO2380 2016 14010199 $1,548.00 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 2239-07-CONDEMN Page 3 of 3