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HomeMy WebLinkAboutResolution 4605-03-2016 A Resolution NO. 4605-03-2016 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 March 1, 2016, in M&C L-15878, ordered and decreed that a public necessity existed for the acquisition of 0.129 acres of land for a permanent drainage facility easement and a fee simple interest in 4.098 acres of land for right-of-way from a tract located in Abstract No. 1268, Tract 8A & 8A2, James Righly Survey, 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 Blue Mound Road from Willow Springs Road to U.S. Highway 81/287 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 1st day of March, 2016, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Dennis Shin leg ton, to wit: I move that the Fort Worth City Council adopt the resolution authorizing use of eminent domain to acquire a permanent drainage facility easement in 0.129 acres of land and a fee simple interest in 4.098 acres of land for right-of-way from Jarvis Porter, Mary S. Porter Rabe, Ann Porter Wilder, Priscilla Porter Speed, needed for the Blue Mound Road from Willow Springs Road to U.S. Highway 81/287 public Project. The property is near the intersection of Blue Mound Road W. and Willow Springs Road and is located in Abstract No. 1268, Tract 8A & 8A2, James Righly Survey, Fort Worth, Tarrant County, Texas. The property is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication(M&C). ORT WORT Seconded by Kelly Allen-Gray, 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. �,dovv�ng� Adopted this 1St day of March, 2016. r on ra �� o A��- ATTEST: V�o o 0 aO o 0 oT � 00000000 cy BY ��nnnA°a�� Mary J. Kvir Wretary ���FQR�TWWORTH EXHIBIT"A" TRACT 1 AND TRACT 2 PERMANENT DRAINAGE FACILITY EASEMENT Part of Jarvis H. Porter tract James Righly Survey, Abstract No. 1268 City of Fort Worth, Tarrant County, Texas TRACT 1: Being a permanent drainage facility easement situated in the James Righly Survey, Abstract No. 1268, City of Fort Worth, Tarrant County, Texas and being a portion of that tract of land described in Correction Warranty Deed to Jarvis H. Porter recorded in Instrument No. D198158398 of the Official Public Records of Tarrant County, Texas; said permanent drainage facility easement being more particularly described as follows (bearing system for this survey is based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202, (2011) based on observations made on February 3, 2015 with a combined scale factor of 1.00012): BEGINNING, at a brass disc stamped "TXDOT" found for the most easterly northeast corner of said Porter tract; said point being the beginning of a non-tangent curve to the right in the southwest right-of-way line of U.S. Highway No. 81 and No. 287 (a variable width right-of-way); from said point a brass disc stamped "TXDOT"found for the most easterly northeast corner of that tract of land described in Special Warranty Deed to DBE Realty Investments, LTD recorded in instrument No. D203065407 of said Official Public Records, bears North 50 degrees, 59 minutes, 10 seconds West, a distance of 297.81 feet; THENCE, in a southeasterly direction, with said curve, along the east line of said Porter tract and along the said southwest line of U.S. Highway No. 81 and No. 287 having a central angle of 02 degrees, 16 minutes, 12 seconds, a radius of 11,259.16 feet, a chord bearing and distance of South 48 degrees, 56 minutes, 43 seconds East, 446.05 feet, an arc distance of 446.08 feet to a point for corner at the end of said curve; THENCE, North 51 degrees, 10 minutes, 03 seconds West, departing said east line of the Porter tract and the said southwest line of U.S. Highway No. 81 and No. 287, a distance of 83.06 feet to a point for corner; THENCE, North 51 degrees, 31 minutes, 20 seconds West, a distance of 100.51 feet to a point for corner; THENCE, North 47 degrees, 05 minutes, 59 seconds West, a distance of 99.83 feet to a point for corner; THENCE, North 50 degrees, 07 minutes, 10 seconds West, a distance of 149.30 feet to a point for corner; THENCE, North 63 degrees, 02 minutes, 52 seconds West, a distance of 36.92 feet to a point for corner; THENCE, South 85 degrees, 40 minutes, 36 seconds East, a distance of 27.72 feet to the POINT OF BEGINNING; CONTAINING: 3,105 square feet or 0.071 acres of land, more or less. PAGE 1 OF 2 EXHIBIT "A" TRACT 1 AND TRACT 2 PERMANENT DRAINAGE FACILITY EASEMENT Part of Jarvis H. Porter tract James Righly Survey, Abstract No. 1268 City of Fort Worth, Tarrant County, Texas TRACT 2: Being a permanent drainage facility easement situated in the James Righly Survey, Abstract No. 1268, City of Fort Worth,Tarrant County, Texas and being a portion of that tract of land described in Correction Warranty Deed to Jarvis H. Porter recorded in Instrument No. D198158398 of the Official Public Records of Tarrant County, Texas; said permanent drainage facility easement being more particularly described as follows(bearing system for this survey is based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202 (2011), based on observations made on February 3, 2015 with a combined scale factor of 1.00012): COMMENCING, at a brass disc stamped "TXDOT" found for the most easterly northeast corner of said Porter tract; said point being in the southwest right-of-way line of U.S. Highway No. 81 and No. 287 (a variable width right-of-way); from said point a brass disc stamped "TXDOT" found for the most easterly northeast corner of that tract of land described in Special Warranty Deed to DBE Realty Investments, LTD recorded in instrument No. D203065407 of said Official Public Records, bears North 50 degrees, 59 minutes, 10 seconds West, a distance of 297.81 feet; THENCE, North 85 degrees, 40 minutes, 36 seconds West, departing said southwest line of U.S. Highway No. 81 and No. 287, a distance of 105.52 feet to the POINT OF BEGINNING; THENCE, South 04 degrees, 19 minutes, 24 seconds West, a distance of 15.00 feet to a point for corner; THENCE, North 85 degrees, 40 minutes, 36 seconds West, a distance of 169.11 feet to a point for corner; THENCE, North 04 degrees, 19 minutes, 24 seconds East, a distance of 15.00 feet to a point for corner; THENCE, South 85 degrees, 40 minutes, 36 seconds East, a distance of 169.11 feet to the POINT OF BEGINNING; CONTAINING: 2,537 square feet or 0.058 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. OF fF aul Daniel PAUL DANIEL.. Date Registered Professional Land Surveyor No. 6534 ..........6534....... Pacheco Koch Consulting Engineers, Inc. '.-P o?fro 6100 Western Place, #1001, Fort Worth TX 76107 �''.S U O � (817) 412-7155 TX Reg. Surveying Firm LS-10008001 3661-15.010EX4.doc 3661-15.010.dwg cae PAGE 2OF2 EXHO B OT W °p 0 30 60 120 GRAPHIC SCALE IN FEET G� ��s y LEGEND PROPERTY LINE O EASEMENT LINE POINT FOR CORNER rLg O (UNLESS OTHERWISE NOTED) BRASS DISC STAMPED /yam O y IRS - 1/2-INCH IRON ROD W/ "TXDOT" FOUND (C.M.) O "PACHECO KOCH" CAP SET P/ T ��� • d1p (C.M •) - CONTROLLING MONUMENT M POB - POINT OF BEGINNING � SOS . POC - POINT OF COMMENCING �- DBE REALTY 9�0, INVESTMENTS, LTD. ' 1/2-INCH IRON (INST. NO. D203065407) �9) ROD FOUND BLUE MOUND ROAD POB _ (COUNTY ROAD NO. 4047) (TRACT 1) BRASS STAMPED P.O.B. ."TXDOT"DISC (C.M.) POC _— — —— (TRACT 2) (TRACT 2) PROPOSED RIGHT-OF-WAY _ 3 (BY SEPARATE DOCUMENT) S 8C�40�36" E 169 11' S $540'36" E �2*16'12" CD J _ 2_7.72' R=11,259.16' a N 85'40,43 w L=446.08' 1 "•8a' T=223.07' N 04'19'24" E N 85''40'36" W 169.11• S 04'19'24" W CB=S 48'56'43" E 15.00' 15.00 = 6. 5' N 116 N to TRACT 2 N 63'02 52 W W DRAINAGE EASEMENT 36.92 ,y �Q 0.058 ACRES `20b a W (2,537 SF) TRACT 1 �A9 ''� 1W DRAINAGE EASEMENT •3©� �, TRACT 2 0.071 ACRES W JARVIS H. PORTER (3,105 SF) (INST. NO. D198158398) _ H .n i I Q �• m NOTES; M 1. A metes and bounds description of even aThe undersigned, Registered Professional Land survey date herewith accompanies this plat / Surveyor, hereby certifies that this plat of •OF••T of survey. survey accurately sets out the metes and P�•' �ST�'�-� bounds of the easement tract described. Cb +� ,, AF'•9 2. Bearing system for this survey is based on t the Texas State Plane Coordinate System — ""'"•''•"...... NAD 83, North Central Zone 4202, based on PAUL DANIEL observations e February a•d••6534••�=�• acombined s alecf torof 1 01015 with 2? 90fFS$'�? � PERMANENT DRAINAG aul Daniel Date �''�llit`Iti o Registered Professional n Land Surveyor No. 6534 FACILITY EASEMENT N ° Pacheco Koch 6100 WESTERN PLACE, SUITE 1001 PART OF JARVIS H. PORTER TRACT FORT WORTH, TX 76107 817.412.7155 TX REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS DALLAS . FORT WORTH . HOUSTON TX REG. SURVEYING FIRM LS-10008001 JAMES RIGHLY SURVEY, ABSTRACT NO. 1268 Z DRAWN BY CHECKED BY SCALE DATE JOB NIZER TARRANT COUNTY, TEXAS o DCP PMD 1"=60' JULY 2015 3661-15.010 PAGE 1 OF 2 a DWG FILE: 3661-15.010—EX4.DWG W ' 0 30 60 120 C7 a ' GRAPHIC SCALE IN FEET W w LEGEND N v _ PROPERTY LINE LLI EASEMENT LINE z I " O POINT FOR CORNER J A- A=2161 112 (UNLESS OTHERWISE NOTED) R=11,259.16 IRS - 1/2-INCH IRON ROD W/ "PACHECO KOCH" CAP SET a ��• L=446.08 (C.M.) - CONTROLLING MONUMENT .0 + T=223'07' POS - POINT OF BEGINNING CB=S 48'56'43" E POC - POINT OF COMMENCING CD=446.05' N Sr. V r DRAINAGE EASEMENT' o~!y �► TRACT 1 0.071 ACRES 4 (3,105 SF) T r 'A,. i► wfb 1) TRACT #2 0 JARVIS H. PORTER (INST. NO. D198158398) u o \ Q \ 1A ' 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the Texas State Plane Coordinate System — NAD 83, North Central Zone 4202, based on observations made on February 3, 2015 with a combined scale factor of 1.00012. c�! I ERMANENT DRAINAG FACILITY EASEMENT Pacheco Koch 6100 WESTERN PLACE, SUITE 1001 PART OF JARVIS H. PORTER TRACT FORT WORTH, TX 76107 817.412.7155 Tx REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS DALLAS . FORT WORTH . HOUSTON TX REG. SURVEYING FlRM LS-10008001 JAMES RIGHLY SURVEY, ABSTRACT NO. 1268 DRAwH BY CHECKED BY SCALE DATE JOB NL/A�9ER TARRANT COUNTY, TEXAS o DCP PMD 1"=60' JULY 2015 3661-15.010 PAGE 2 OF 2 a DWG FILE: 3661-15.010—EX4.DWG EXHIBIT"A" TRACT 1 AND TRACT 2 RIGHT-OF-WAY Part of Jarvis H. Porter tract James Righly Survey, Abstract No. 1268 City of Fort Worth, Tarrant County, Texas TRACT 1: Being a right-of-way dedication situated in the James Righly Survey, Abstract No. 1268, City of Fort Worth,Tarrant County, Texas and being a portion of that tract of land described in Correction Warranty Deed to Jarvis H. Porter recorded in Instrument No. D198158398 of the Official Public Records of Tarrant County, Texas; said right-of-way dedication being more particularly described as follows (bearing system for this survey is based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202 (2011), based on observations made on February 3, 2015 with a combined scale factor of 1.00012): BEGINNING, at a PK-Nail found at the northwest corner of said Porter tract and the southwest corner of that tract of land described in Special Warranty Deed to DBE Realty Investments, LTD recorded in Instrument No. D203065407 of said Official Public Records; said point being the intersection of the centerline of Blue Mound Road (an apparent 45-foot wide prescriptive right-of- way) and the centerline of Willow Springs Road (a 50-foot wide right-of-way recorded in Book 5, Page 262 of the Commissioners Court Minutes of Tarrant County, Texas); THENCE, South 89 degrees, 56 minutes, 55 seconds East, along the north line of said Porter tract, south line of said DBE Realty Investments, LTD.tract and the said centerline of Blue Mound Road, at a distance of 1,269.09 feet passing a Rail Road Spike found, continuing in all a total distance of 1,496.70 feet to a point for the northeast corner of said Jarvis H. Porter tract; THENCE, South 00 degrees, 24 minutes, 52 seconds East, departing said centerline of Blue Mound Road and continuing along the said north line of the Porter tract, a distance of 25.00 feet to a point for corner in the apparent south line of said Blue Mound Road; THENCE, South 76 degrees, 50 minutes, 52 seconds East, continuing along said north line of the Porter tract and along the southwest right-of-way line of U.S. Highway No. 81 and No. 287 (a variable width right-of-way), a distance of 213.27 feet to a brass disc stamped"TXDOT"found for the most easterly northeast corner of said Jarvis H. Porter tract; THENCE, North 85 degrees, 40 minutes, 36 seconds West, departing said north line of the Porter tract and said southwest line of U.S. Highway No. 81 and No. 287, a distance of 286.51 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner; THENCE, North 89 degrees, 44 minutes, 17 seconds West, a distance of 543.07 feet to a 1/2- inch iron rod with "PACHECO KOCH" cap set for corner; THENCE, North 89 degrees, 56 minutes, 55 seconds West, a distance of 260.85 feet to a 1/2- inch iron rod with "PACHECO KOCH" cap set for corner; THENCE, South 82 degrees, 21 minutes, 31 seconds West, a distance of 203.49 feet to a 1/2- inch iron rod with "PACHECO KOCH" cap set for corner; THENCE, South 77 degrees, 43 minutes, 19 seconds West, a distance of 235.72 feet to a 1/2- inch iron rod with "PACHECO KOCH" cap set for the beginning of a curve to the left; PAGE 1 OF 3 EXHIBIT "A" TRACT 1 AND TRACT 2 RIGHT-OF-WAY Part of Jarvis H. Porter tract James Righly Survey, Abstract No. 1268 City of Fort Worth, Tarrant County, Texas THENCE, in a southwesterly direction, with said curve, having a central angle of 77 degrees, 43 minutes, 19 seconds, a radius of 100.00 feet, a chord bearing and distance of South 38 degrees, 51 minutes, 40 seconds West, 125.49 feet, an arc distance of 135.65 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the end of said curve; THENCE, due South, a distance of 274.53 feet to a 1/2-inch iron rod with"PACHECO KOCH"cap set in the north line of that tract of land described in General Warranty Deed to Northwest Independent School District recorded in Instrument No. D208092668 of said Official Public Records; THENCE, North 89 degrees, 56 minutes, 36 seconds West, a distance of 99.73 feet to a point for the northwest corner of said Northwest Independent School District tract; said point being in said centerline of Blue Mound Road; THENCE, North 00 degrees, 30 minutes, 44 seconds West, along the west line of said Porter tract and said centerline of Blue Mound Road, a distance of 499.90 feet to the POINT OF BEGINNING; CONTAINING: 3.393 acres or 147,812 square feet of land, more or less. TRACT 2: Being a right-of-way dedication situated in the James Righly Survey, Abstract No. 1268, City of Fort Worth,Tarrant County, Texas and being a portion of that tract of land described in Correction Warranty Deed to Jarvis H. Porter recorded in Instrument No. D198158398 of the Official Public Records of Tarrant County, Texas; said right-of-way dedication being more particularly described as follows (bearing system for this survey is based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202 (2011), based on observations made on February 3, 2015 with a combined scale factor of 1.00012): COMMENCING, at a PK-Nail found at the northwest corner of said Porter tract and the southwest corner of that tract of land described in Special Warranty Deed to DBE Realty Investments, LTD recorded in Instrument No. D203065407 of said Official Public Records; said point being the intersection of the centerline of Blue Mound Road (an apparent 45-foot wide prescriptive right-of- way) and the centerline of Willow Springs Road (a 50-foot wide right-of-way recorded in Book 5, Page 262 of the Commissioners Court Minutes of Tarrant County, Texas); THENCE, South 00 degrees, 30 minutes,44 seconds East, along the west line of said Porter tract and said centerline of Blue Mound Road, a distance of 1,298.90 feet to the POINT OF BEGINNING; said point being the southwest corner of that tract of land described in General Warranty Deed to Northwest Independent School District recorded in Instrument No. D208092668 of the said Official Public Records; THENCE, North 89 degrees, 50 minutes, 44 seconds East, departing the said centerline of Blue Mound Road and along a south line of said Northwest Independent School District tract, a distance of 80.00 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner; PAGE 2OF3 EXHIBIT "A" TRACT 1 AND TRACT 2 RIGHT-OF-WAY Part of Jarvis H. Porter tract James Righly Survey, Abstract No. 1268 City of Fort Worth, Tarrant County, Texas THENCE, South 00 degrees, 30 minutes, 44 seconds East, departing the said south line of Northwest Independent School District, a distance of 384.01 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner in a north line of said Northwest Independent School District tract; from said point a 1/2-inch iron rod with "BEASLEY" cap found for an interior corner of said Northwest Independent School District tract bears North 89 degrees, 50 minutes, 44 seconds East, a distance of 428.30 feet; THENCE, South 89 degrees, 50 minutes, 44 seconds West, along the said north line of the Northwest Independent School District tract, a distance of 80.00 feet to a point for corner in the west line of said Jarvis H. Porter tract and the centerline of said Willow Springs Road; THENCE, North 00 degrees, 30 minutes, 44 seconds West, along the said west line of Jarvis H. Porter tract and the said centerline of Willow Springs Road, a distance of 384.01 feet to the POI NT OF BEGINNING; CONTAINING: 0.705 acres or 30,721 square feet of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the right-of-way dedication described. � ..0F..?6�. ....................:... i-'Paul Daniel Date ....................UL DANIEL Registered Professional Land Surveyor No. 6534 6534 4c At- 0 FE s s I R..,A Pacheco Koch Consulting Engineers, Inc. 6100 Western Place, #1001, Fort Worth TX 76107 (817) 412-7155 TX Reg. Surveying Firm LS-10008001 3661-15.010EX2.doc 3661-15.010EX2.dwg cae PAGE 3OF3 P•O.B.(TRACT y)EXwO 0 0 IJ � o w DBE REALTY INVESTMENTS, LTD. P 0. lr/+ TRACT 2 (INST. NO. D203065407) ^ PK-NAILI tNO PPARENT 45-FOOT S 8956'55' E—— — — — — — — ———'W FOUND RESCRIPTIVE RIGHT-OF-WAY 1,496.70 BLUE MOUND ROAD (C.M.) RECORD OF DEDICATION FOUND) Q 1 9 9' 0- • W W N v � W JN Z Ljj o- co z o I E Y S� R U (1 T D 07 7 3' Q o rhQ Of y� Q J w " f � I � 235,72 o ? 43'�g Q - �I 104 IRS S 77. TRACT 1 b5 RIGHT-OF-WAY II o4 3.393 ACRES Z A-=77'43'19" (147,812 SF) R=100.00' z L=135.65' T=80.58' �I 'K CB=S 38'51'40" W II IRS CD=125.49' o I APPROXIMATE LOCATION 50-FOOT 0 30 60 120 RIGHT-OF-WAY EASEMENT (� (BC.M:rcT.)62) G_ RAPHIC SCALE IN FEET to tn Z = LEGEND PART OF TRACT #2 PROPERTY LINE M ( 4 Z) 1+D JARVIS H. PORTER EASEMENT LINE U I 'w O ►n POINT FOR CORNER IYi N (INST. NO. D198158398) O UNLESS OTHERWISE NOTED) I W IRS 1/2-INCH IRON ROD W/ N "PACHECO KOCH" CAP SET O (C.M.) - CONTROLLING MONUMENT 3 J p � P.O.B. - POINT OF BEGINNING o 20' CITY OF FORT WORTH o I WATER MAIN EASEMENT D• ■v(�■ - POINT OF COMMENCING '° (INST. N0. D203267586) ■ h COUNTY COMMISSIONERS II (C,C,M.T.C.T.) - MINUTES. TARRANT COUNTY, a .1 ALIII.Ii�� to MATCHLINE (SEE PAGE 5)`1 rExns to M NOTES, X The undersigned, Registered Professional Land i Surveyor, hereby certifies that this plat of OF 1. A metes and bounds description of even survey accuratel sets out the metes and •�fc••• TF.� surve date herewith accompanies this plat Y Y P • I s_TE''••,, Y P P bounds of the dedication tract described. Co 9F�� of survey. PAUL DANIEL2. Bearing system for this survey is based on .......6534 • ....... the Texas State Plane Coordinate System — NAD 83, North Central Zone 4202, based on N 2 iil------ 9,y� ,s,r_�'�� ob made on February 1 12 , ?015 with Pa baniel Date SUR combined scale fa o Registered Professional N Land Surveyor No. 6534 RIGHT-OF-WAY 0 Pacheco Koch 6100 WESTERN PLACE, SUITE 1001 PART OF JARVIS H. PORTER TRACT FORT WORTH, TX 76107 817.412.7155 - TX REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS DALLAS . FORT WORTH . HOUSTON TX REG, SURVEYING FIRM LS-10008001 JAMES RIGHLY SURVEY, ABSTRACT N0. 1268 z DRAWN BY 11 CHECKED BY SCALE DATE ✓OB NUMBER TARRANT COUNTY, TEXAS o CAE PD 1"=60' JUNE 2015 3661-15.010 PAGE 1 OF 6 DWG FILE:a —1 1©— 2. G 0 30 60 120 GRAPHIC SCALE IN FEET DBE REALTY INVESTMENTS, LTD. LEGEND (INST. NO. D203065407) — — — PROPERTY LINE EASEMENT LINE O POINT FOR CORNER (UNLESS OTHERWISE NOTED) IRS 1/2-INCH IRON ROD W/ "PACHECO KOCH" CAP SET (C.M.) - CONTROLLING MONUMENT P.O.S. - POINT OF BEGINNING APPARENT 45-FOOT TRACT 1 PRESCRIPTIVE RIGHT-OF-WAY RIGHT-OF-WAY P.O.C. - POINT OF COMMENCING (NO RECORD OF COUNTY COMMISSIONERS DEDICATION FOUND) 3,393 ACRES (C.C.M.T.C.T.) - MINUTES, TARRANT COUNTY, (147,812 SF) TEXAS M � — � � S 89'56'55" E 1,496.70' �t,.1 a BLUE MOUND ROAD a a w oZ w N Z v 9 IRS N 89'56'55" W 260.85' _ E; 1-- 203.49 ENERGY TRANSFER FUEL, LP �0 .i Q SrL•21 31 w (INST. NO. D207097493) F- T IRS U, M t N O N O 0 U r w G1 0 ui T PART OF TRACT #2 JARVIS H. PORTER 'Q (INST. NO. D198158398) NOTES; c� i 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2, Bearing system for this survey is based on the Texas State Plane Coordinate System — NAD 83, North Central Zone 4202, based on observations made on February 3, 2015 with a combined scale factor of 1.00012. O RIGHT-OF-WAY ° Pacheco Koch 6100 WESTERN PLACE, SUITE 1001 PART OF JARVIS H. PORTER TRACT FORT WORTH, TX 76107 817.412.7155 �z. r'�? TX REG, ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS DALLAS . FORT WORTH HOUSTON TX REG. SURVEYING FIRM LS-10008001 JAMES RIGHLY SURVEY, ABSTRACT NO. 1268 z ORAN7v BY CHECKED BY SCALE DATE JOB NUAWER TARRANT COUNTY, TEXAS o CAE PD 1"=60' JUNE 2015 3661-15.010 PAGE 2 OF 6 a W p 11 1 I I\I I I Gs 0 30 60 120 GRAPHIC SCALE IN FEET y0 LEGEND I I `k'r, ?40j PROPERTY LINE ---� EASEMENT LINE I I DBE REALTY INVESTMENTS, LTD. 9J O POINT FOR CORNER ( ( (INST. NO. D203065407) (UNLESS OTHERWISE NOTED) IRS - 1/2-INCH IRON ROD W/ "PACHECO KOCH" CAP SET (C.M.) CONTROLLING MONUMENT P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCING 2 COUNTY COMMISSIONERS n BR I ASS DISC 0 (C.C.M.T.C.T.) - MINUTES, TARRANT COUNTY, I �� STAMPED TEXAS I a o I 'TXDOT' FOUND ` < (C.M.) o �z iW W Z w" I RAIL ROAD 1/2-INCH IRON SPIKE FOUND ROD FOUND (C.M) ■ ___ �8L MG�t!lfllD � � S 89'56'55" E 1,496.70' Uj Lj X d 2 6 0 CL Ld v Z Z S APPARENT 45-FOOT N 89'44'17" W 543.07' APPARENT 45-FOOT IRS o = PRESCRIPTIVE RIGHT-OF-WAY V M PRESCRIPTIVE ENERGY TRANSFER FUEL, LP () (NO RECORD OF RIGHT OF-WAY (INST. NO. D207097493) DEDICATION FOUND) Q Q NO RECORD OF E+ TRACT 1 RIGHT-OF-WAY 3.393 ACRES 0 (147,812 SF) I m NOTES:. a PART OF TRACT #2 JARVIS H. PORTER 1. A metes and bounds description of even (INST. NO. D198158398) survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the Texas State Plane Coordinate System — NAD 83, North Central Zone 4202, based on w observations made on February 3, 2015 with a combined scale factor of 1.00012. 0 RIGHT-OF-WAY Pacheco Koch 6100 WESTERN PLACE, SUITE 1121 PART OF JARVIS H. PORTER TRACT FORT WORTH, TX 76107 817.412.7155 I Tx REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS DALLAS . FORT WORTH �. HOUSTON Tx REG. SURVEYING FIRM LS-10008001 JAMES RIGHLY SURVEY, ABSTRACT NO. 1268 z DRAWN BY CHECKED BY SCALE DATE JOB NUM19ER TARRANT COUNTY, TEXAS o CAE PD 1"=60' JUNE 2015 3661-15.010 PAGE 3 OF 6 DWG ME: 36611701 G EX2. WG ® p ® (t 0 30 60 120 GRAPHIC SCALE IN FEET LEGEND _ — — — PROPERTY LINE EASEMENT LINE POINT FOR CORNER (UNLESS OTHERWISE NOTED) IRS - 1/2-INCH IRON ROD W/ "PACHECO KOCH" CAP SET (C.M.) CONTROLLING MONUMENT P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCING COUNTY COMMISSIONERS (C.C.M.T.C.T.) - MINUTES, TARRANT COUNTY, TEXAS M S 00'2452" E 25.00' BLUE MOUND ROAD �y ICOUNTY ROAD NO. 40471 Z S ;76'50'52" _ 21327' o ¢¢c N 85'40'36" W 286.51' ' + N i BRASS DISC STAMPED- "TXDOT" FOUND (C.M.) t�� ,�, • O PART OF TRACT #2 TRACT 1 oa•"� \ �J ° JARVIS H. PORTER RIGHT—OF—WAY (INST. NO. D198158398) 3.393 ACRES a (147,812 SF) \ w M tlt� M C1 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on a the Texas State Plane Coordinate System — N NAD 83, North Central Zone 4202, based on I observations made on February 3, 2015 with a combined scale factor of 1.00012. 0 RIGHT-OF-WAY Pacheco Koch 6100 WESTERN PLACE, su 1001 PART OF JARVIS H. PORTER TRACT FORT WORTH, TX 76107 81 817.412.7155 Tx REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS DALLAS . FORT WORTH . HOUSTON TX REG. SURVEYING FIRM LS-10008001 JAMES RIGHLY SURVEY, ABSTRACT NO. 1268 5_1 DRAWN BY CHECKED BY SCALE DATE JOB NUIBEB TARRANT COUNTY, TEXAS o CAE PD 1"=60' JUNE 15T 3661-15.010 PAGE 4 OF 6 a DWG FILE: 3661-15,010--EX2.DWG WpW MATCHLINE (SEE PAGE 1) I0 71z U � 0 30 60 120 LO of ih GRAPHIC SCALE IN FEET v1 co ?� CV 20' CITY OF FORT WORTH � WATER MAIN EASEMENT PART OF TRACT #2 z o R (INST. NO. D203267586) JARVIS H. PORTER H (INST. NO. D198158398) 0 O o O 0 O O z Q O � APPROXIMATE LOCATION 50-FOOT zC/) z RIGHT—OF—WAY EASEMENT p z (BK. 5, PG. 262) V) (C.C.M.T.C.T.) RS 1,228.40' N 89'56'36" W (� 10 1 I 99.73' TRACT 1 �. RIGHT-OF-WAY Q� I 3.393 ACRES ■ I I (147,812 SF) (o pzp � I LL O I LEGEND PROPERTY LINE NORTHWEST INDEPENDENT EASEMENT LINE N ��� SCHOOL DISTRICT POINT FOR CORNER N p Z I (INST. N0. D208092668) (UNLESS OTHERWISE NOTED) IRS - 1/2-INCH IRON ROD W/ M -4 , I "PACHECO KOCH" CAP SET + /O� ( I (C.M.) - CONTROLLING MONUMENT I! `V I P.O.B. - POINT OF BEGINNING r P. ■C. - POINT OF COMMENCING O � I I COUNTY COMMISSIONERS a O (C.C.M.T.C.T.) - MINUTES, TARRANT COUNTY, TEXAS .n (A � INOTES: 3 i I 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. MATCHLINE (SEE PAGE 6) � 2. Bearing system for this survey is based on n the Texas State Plane Coordinate System — NAD 83, North Central Zone 4202, based on N observations made on February 3, 2015 with a combined scale factor of 1.00012. ca RIGHT-OF-WAY Pacheco Koch 6100 WESTERN PLACE, SUITE 1001 PART OF JARVIS H. PORTER TRACT FORT WORTH, TX 76107 817.412.7155 LOCATED IN THE CITY OF FORT WORTH, TEXAS TX REG. ENGINEERING FIRM F-469 DALLAS FORT WORTH . HOUSTON TX REG. SURVEYING FIRM LS-10008001 JAMES RIGHLY SURVEY, ABSTRACT NO. 1 268 z DRAWN BY I CHECKED BY SCALE DATE JOB NUMUER TARRANT COUNTY, TEXAS o CAE PD 1"=60' JUNE 2015 3661-15.010 PAGE 5 OF 6 a MATCHLINE (SEE PAGE 5) ® p w I i 0.B. ORTHWEST INDEPENDENT d O N FF`h Q (TRACT 2) SCHOOL DISTRICT (M of I I (INST. NO. D208092668) + rn I tQ° r` N 89'50'44" E V) 80.00' IRS 350.18 20' CITY OF FORT WORTH 0 30 60 120 WATER MAIN EASEMENT (INST. NO. D203267586) GRAPHIC SCALE IN FEET LEGEND �^ Q -- — — PROPERTY LINE EASEMENT LINE 00 APPROXIMATE LOCATION 50-FOOT POINT FOR CORNER Ir) RIGHT-OF-WAY EASEMENT 0 (UNLESS OTHERWISE NOTED) (BK. 5, PG. 262) IRS - 1/2-INCH IRON ROD W/ 3 (C.C.M.T.C.T.) "PACHECO KOCH" CAP SET (C.M.) - CONTROLLING MONUMENT -4. P■O. - POINT OF BEGINNING dM 1q_ P.O.C. - POINT OF COMMENCING N M) COUNTY COMMISSIONERS 3 vi TARRANT COUNTY,Q . . . . . . °• G! TEXAS W z o z W PART OF TRACT #2 o d JARVIS H. PORTER a o d' (INST. NO. D198158398) i p o 0 z z O z � N O Z N 0 < � Q i U � TRACT 2 Z RIGHT-OF-WAY 0.705 ACRES (30,721 SF) o y a3 o NOTES: J 1/2-INCH IRON ROD W/ 1. A metes and bounds description of even 'BEASLEY" CAP FOUND survey date herewith accompanies this plat (c.M.) of survey. IRS N 89'50'44" E 428.30' 2. Bearing system for this survey is based on S 89 50 44 W the Texas State Plane Coordinate System CL CL 80.00+ NORTHWEST INDEPENDENT — NAD 83, North Central Zone 4202, SCHOOL DISTRICT based on observations made on February N ( N I (INST. N0. D208092668) 3, 2015 with a combined scale factor of N 1 � 1.00012. 0 ' RIGHT-OF-WAY Pacheco Koch 6100 WESTERN PLACE, SUITE toot PART OF JARVIS H. PORTER TRACT FORT WORTH, TX 76107 817.412.7155 LOCATED IN THE CITY OF FORT WORTH, TEXAS TX REG. ENGINEERING FIRM F-469 DALLAS FORTWORTH �. HOUSTON TX REG. SURVEYING FIRM LS-10008001 JAMES RIGHLY SURVEY, ABSTRACT NO. 1268 DRAWN BY CHECKED BY SCALE DATE JOB NUAWER TARRANT COUNTY, TEXAS o CAE PD 1"=60' JUNE 2015 3661-15.010 PAGE 6 OF 6 a DWG FILE. -11111FAILMMI A . Site Area: Blue Mound Road from Willow Springs to US Highway 81/287 Parcel 2: ROW Fee Simple/Tract 1 3.393 acres Parcel 2: ROW Fee Simple Tract 2-0.705 acres o i EWA MF o: �,,�d ►' jlL.��T� ' ........ ... ME oil ,.— . ,. 1 � 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/1/2016 - Resolution No. 4605-03-2016 DATE: Tuesday, March 01, 2016 REFERENCE NO.: L-15878 LOG NAME: 21 PMD- 2161-01&02-CONDEMN SUBJECT: Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire a Permanent Drainage Facility Easement in 0.129 Acres of Land and a Fee Simple Interest in 4.098 Acres of Land for Right-of-Way from Property Owned by Jarvis Porter, Mary S. Porter Rabe, Ann Porter Wilder and Priscilla Porter Speed Located in Abstract No. 1268, Tract 8A and 8A2, James Righly Survey, Tarrant County, Fort Worth, Texas, for the Blue Mound Road from Willow Springs Road to US Highway 81/287 Project (2014 BOND PROGRAM) (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the landowners to acquire a permanent drainage facility easement in 0.129 acres of land and a fee simple interest in 4.098 acres of land for right-of-way from property owned by Jarvis Porter, Mary S. Porter Rabe, Ann Porter Wilder and Priscilla Porter Speed located in Abstract No. 1268, Tract 8A and 8A2, James Righly Survey, Tarrant County, Fort Worth, Texas, were unsuccessful due to the inability to reach a mutually agreed upon value for the property interest being acquired by the City; 2. Declare the necessity to acquire the permanent drainage facility easement interest and a fee simple interest for the Blue Mound Road from Willow Springs Road to US Highway 81/287 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 Blue Mound Road from Willow Springs Road to US Highway 81/287 Project; 4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described permanent drainage facility easement interest and fee simple interest from the property owners; 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 intersection and storm drainage improvements for the Blue Mound Road from Willow Springs Road to US Highway 81/287 Project. The improvements will promote safety and efficient traffic flow on Blue Mound Road. An independent appraisal established fair market value for the permanent drainage facility easement and fee simple interest in the amount of $210,850.00. Negotiations were unsuccessful due to the inability to reach a mutually agreed upon value for the property interest being acquired by the City. Upon approval, a Special Commissioners' hearing will be brought to acquire the permanent drainage facility easement and fee simple interest in the property. The mineral estate will not be acquired. The judgment will contain a surface waiver for the exploration of the mineral estate. Upon City Council approval, Staff will proceed with acquiring the property as shown below. Funds are available in the 2014 Bond Program Fund. F arcel No. Interest Owners_ ddress/Legal Description _ Type of Property/Acres 1 - PDFE Jarvis Porter, Mary S. Porter Abstract No. 1268,Tract 8A,James [Easement/0.ermanent Drainage Facility Rabe,Ann Porter Wilder, Priscilla Righly Survey 129 Acres Porter Speed 2 Jarvis Porter, Mary S. Porter bstract No. 1268,Tract 8A&8A2, Fee Simple Interest/4.098 Rabe,Ann Porter Wilder, Priscilla ames Righly Survey cres Porter Speed 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 eminent domain to acquire a permanent drainage facility easement in 0.129 acres of land and a fee simple interest in 4.098 acres of land for right-of-way from Jarvis Porter, Mary S. Porter Rabe, Ann Porter Wilder and Priscilla Porter Speed, needed for the Blue Mound Road from Willow Springs Road to US Highway 81/287 Public Project. The property is near the intersection of Blue Mound Road W. and Willow Springs Road and is located in Abstract No. 1268, Tract 8A & 8A2, James Righly Survey, Fort Worth, Tarrant County, Texas. The property is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication. 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 7, MAPSCO 231 E3. 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 Blue Mound Road/Bond $5,050,000.00 [$665,587.00 $4,384,413.00 Program 2014 FUND IDENTIFIERS (FIDsI: T _ -.--____ __ -I- - I 1 11 --- !'1111 T- -T .-. .. n.. TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department Accoun Project Program ctivity Budget Reference # Amount ID I ID Year Chartfield 2 340141 022431 5710010 1 CO2161 CO2341 2016 $210,850.00 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Ricky Salazar (5166)