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HomeMy WebLinkAboutResolution 4623-05-2016 A Resolution NO. 4623-05-2016 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 May 3, 2016, in M&C L-15898, ordered and decreed that a public necessity existed for the acquisition of a fee simple interest in 0.287 acres of land located at 4400 Horne Street more particularly described as Lots 37-40 Block 117 Chamberlin Arlington Heights Second Filing for all purposes (the "Property"); WHEREAS, the Fort Worth City Council has determined that: - the Property is needed for the Chamberlin Park Expansion 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 3rd day of May 2016, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember_Zim Zimmerman—, 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 0.287 acres of land on property owned by The Estate of Matthew Houston at 4400 Horne Street, Lots 37-40 Block 117 Chamberlin Arlington Heights Second Filing, needed for the Chamberlin Park Expansion Project. The property to be acquired is further depicted by the documents attached to this M&C. Seconded by Dennis Shingleton_,duly put and carried: RESOLUTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: ORT WORT 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. ICY Al Adopted this 3rd day of May, 2016. ° g ATTEST: 6 i By: Mary J. I 'ty`e retary ORT WORT ��rr wA BOUNDARY SURVEY OF LOTS 37-40 , BLOCK 117 , CHAMBERLIN ARLINGTON HEIGHTS , SECOND FILING PROPERTY DESCRIPTION BEING situated in the Hays Covington Survey, Abstract No. 256, in the City of Fort Worth, Tarrant County, Texas, and being that tract of land referred to as Tract I , same being described as Lot 37, 38, 39 and 40 in Block 117, Chamberlin Arlington Heights, 2nd Filing, an addition to the City of Fort Worth according to the plat thereof recorded in Cabinet 63, Page 40 of the Plat Records of Tarrant County, Texas, and conveyed to Matthew Houston according to the Special Warranty Deed recorded in Volume 10202, Page 2020 of the Deed Records of Tarrant County, Texas. I , the undersigned, do hereby certify that I have made a careful and accurate survey of the above described property, and that the plat shown hereon is a true, correct and accurate representation of the property as determined by survey. There are no visible easements, encroachments, conflicts, or protrusions, except as shown. This survey substantially conforms to the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1A, Condition 11 Survey. FOR NATHAN D. MAIER CONSULTING ENGINEERS, INC. TBPLS Registration No. 100189-00 � ' y W ARY W. TTHEWS Gary W. M tthews ...:.....................%... Registered Professional Land Surveyor ,4 5534 -* Texas No. 5534 Z. 17`201 G `9 0PFSS►0#.-01, SUM GENERAL NOTES 1 . BASIS OF BEARINGS for this survey is referenced to the Texas Coordinate System, NAD83, Texas North Central Zone 4202 utilizing Western Data Systems Texas Cooperative Network (www.txrtk.com) RTK broadcast from Station DMLJ_g10. 2. By graphical plotting, the parcel described hereon lies within Zone "X" (unshaded) as delineated on the Tarrant County, Texas and Incorporated Areas Flood Insurance Rate Map Number 48439CO285K, revised September 25, 2009, as published by the Federal Emergency Management Agency. Zone "X" (unshaded) is defined as "Areas determined to be outside the 0.2% annual chance floodplain." The surveyor utilized the above referenced flood plain information for this determination. 3. This survey was prepared without benefit of a title commitment . This description is accompanied by a plat of survey of even date. NATHAN D. MAIER CONSULTING ENGINEERS, INC. Page 1 of 3 TBPE FIRM REG. NO. F-356 TBPLS FIRM REG. NO. 100189-00 March 3, 2016 Two Park Lane Place / 8080 Park Lane / Suite 600 Dallas, Texas 75231 / Ph. (214) 739-4741 15—15073—BN05.dwg 05.dwg , •M 1T"A" BOUNDARY SURVEY OF LOTS 37-40, BLOCK 117 CHAMBERLIN ARLINGTON HEIGHTS, SECOND FILING N ,ION LEGEND VOYS S R,�NO. 256 5.0C 60 0 30 60 120 FIRE HYDRANT FH AQ ® WA7ER METER WM r`V 0 W47ER VALVE WV QW WA7ER MANHOLE WMH BLOCK 117 1»_60' �t SPRINKLER HEAD SH ® SPRINKLER CONTROL BOX /CV CHAMBERLIN ARLINGTON HEIGHTS, ® HOSE BIB HB SECOND FILING QD STORM DRAIN MANHOLE STMMH Cl B. 63, PG.I 40, P.R. T.C.T. QS SANITARY SEWER MANHOLE SSMH WOOD b SANITARY SEWER CLEANOUT SSCO UNIDEN77FIED VAULT FRAME o POWER POLE PP IN CONC. PAD HOUSE POWER POLE ANCHOR GUY a 16' WIDE ALLEY, UNPAVED(VOL. 63, PG. 40, P.R.T.C.T.) LINK FENCE OO LIGHT POLE LP >� GROUND LIGHT GL m BLOCK 117 S 895822 E 99.59' PLAT 100' 'MASONRY QE ELECTRIC MANHOLE EMH ?� ( ) -E- UNDERGROUND ELECTRIC MARKER UEM o IRON WROUGHT WDOD WALL r IRON FENCE BUILDING FRAME fii. � ® ELECTRIC RISER UER c r CITY OF o HOUSE co -fF- OVERHEAD ELECTRIC OE Q FORT WORTH O ® BLOCK 117 ELECTRIC TRANSFORMER PAD XFWR LOTS 35 dr 36 W Ile' 6' WROUGHT ® 7RAElC LIGHT POLE 7LP D BLOCK 117, INST. NO. IRON FENCE ° D214114431 "� ON 8' WIDE g)o LOTS 21-34 !� C ONC. WALL ® TRAFFIC SIGNAL CON7ROL BOX TSCB z D.R.T C.T. �+ WOOD ,m m t A� GARAGE o A 1 ' 1 ELECTRIC SERVICE ESRV o p ELEC7RlC METER EM A,^ H MA TTHEW S70N CABLE TELEVISION RISER CTVR V, BLOCK 117, HOUSE-T- UNDERGROUND CATV MARKER UCTVM ry LVOl7L� 1 20Z �© PHONE MANHOLE PHMH 1/2'IRF(CM) D.R.202 N 895822 W 99.59' r. CURB -P- BURIED PHONE LINE UPM PLAT 100' INLET N 8958'22 W 400.21' ® PHONE RISER PHR a ® GAS METER GM 2 ACCESS MIDSTREAM IRON FENCE T /Q GAS VALVE GV A y GAS PIPELINE SIGNS DIRT TRAIL DEFINED -G- UNDERGROUND GAS MARKER UGM m a BY VEHICULAR 7RAFFIC © GAS MANHOLE GMH o a N -X FENCE LINE INC n p v H E LM I C K AVE. ASPHALT PAVEMENT ASPH a 2 S 895822E � (80' WIDE R.O UNPAVED TRAFFIC SIGN SGN m 174.80' .W., ) 112 IRE o O BOLLARD POST BP (VOL. 63, PC. 40, P.R.T.C.T.) L� MAIL BOX MB 112"IRF(CM) C 60.0' DIRT AND GRAVEL TRAIL OR ROAD ti -CCL N,: ABBREWA 710N LEGEND o o��rn ACCESS MIDSTREAM O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF BL OCK 126 p„Q GAS PIPELINE SIGN D.R.T.C.T. DEED RECORDS OF TARRANT �, OLD FORT WORTH REDEVELOPMENT, L o�MoN 41'B-B BLOCK 126, LOTS 3- 7 p N N COUNTY, TEXAS 7RACT!V 4� ' O CURBED P.R.D.C.T. PLAT RECORDS, S OF TARRANT INST. NO. D207418490, D.R.T.C.T 2 N a p CONCRETE e ry'2 PAVEMENT INST. NO. lNS1RUMENT NUMBER Z h VOL., PG. VOLUME, PAGE CAB., SL. CAB/NET, SLIDE SO. FT. SQUARE FEET R.O.W. RIGHT-OF WAY V ESMI.. EASEMENT IRF IRON ROD FOUND BILLBOARD IRS IRON ROD SET (CM) CON7ROLUNG MONUMENT iv 16' WIDE ALLEY, UNPAVED 0 FOUND (VOL. 63, PG. 40, P.R.T.C.T.) • SET THIS PLAT OF SURVEY IS ACCOMPANIED BY A DESCR1P710N OF EVEN DA 7E NATHAN D. MAIER CONSULTING ENGINEERS, INC. Page 2 of 3 TBPE FIRM REG. N0. F-356 TBPLS FIRM REG. N0. 100189-00 Two Park Lane Place / 8080 Park Lane / Suite 600 March 3, 2016 Dallas, Texas 75231 / Ph. (214) 739-4741 15-12-073 15073—BN05.dwg EXHIBIT"A" Z EL CAMP❑ Q EL AMP z PER HING w a = = BIR HMA MALV Y EA T W F -nL❑CK mac^ LOCK LEI KE 9� LM ELL _w o r' c ie� Lake URZ❑ Corte f CUR ❑N i CURZ❑N Goodrtn DRURY ar DOW ELLE -i a R❑SEM❑N 19 G 1_DD0 > GE DES DIAZ z DIAZ �1N9 P� 010 H JONNE N GROO M y yd��F` w ETC ER Y L Park a dc� 9 IDG CA w— � � L y � = K LPAT ICK KAREN w w W x w Rldglea z G❑ DMA z `" ° 1K� Golf � >- LI BY ¢ �_ w > ��JaE Cour a ww BLA KMO E a z �pp95�pp� Par HUM ERT GROS(y9 m ARN4 WORTH FAO 9 EN AY HELNIC K ORS ZG� Como ARVER �P�y CFy� ti� Cert FE NAN ER P RR << p ❑M❑ -4 M N ATTEN v � CH RID BRA SUMAC ,Z SHI ❑H 3 VALLE IDGLEA VIEW CR S •��5� R19G L OCA TION MA P NOT TO SCALE NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 3 OF 3 TBPE FIRM REG. NO. F-356 TBPLS FIRM REG. NO. 100189-00 016 ,3 March Mar 2 Two Park Lane Place / 8080 Park Lane / Suite 600 ch 3, 2073 Dallas, Texas 75231 / Ph. (214) 739-4741 150735-12-073 i MAYOR AND COUNCIL COMMUNICATION MAP CHAMBERLAIN PARK PROJECT 4400 HORNE STREET COUNCIL DISTRICT 3 BLACKMORE Awr - w z 4400 HORNE STREET LOTS 37-40 BLK 117 CHAMBERLIN ARLINGTON HTS. 2ND FILING - -FARNSWORTH m• ` .�.I _ HELMIC - . - HELMICK 1 41 r i - I, 26 37 - 199 121 c_ G�aFin �on ell U°C� 183 } N - 180 W E i 287 S' 183 FORT WORTH. Copyright 2015 City of Fort Worth. Unauthorized reproduction is a violation of 0 120 240 applicable laws.This product is for informational purposes and may not have been Feet prepared for or be suitable for legal, engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.The City of Fort Worth assumes no responsibility for kd the accuracv of said data- City � of Fort Worth, Texas N��N =� Council Communication N�N� ��� ���0=���� q� ��'N ��NN=�° COUNCIL DATE: Tueedey, May 03, 2016 REFERENCE NO': L-15898 LOG NAK8E: 21PMO44OOHORNEC[>NOEK8N SUBJECT: Adopt Resolution Authorizing Condemnation by Eminent Domain for a Fee Simple Interest in 0.287 Acres of Land Owned by the Estate of Matthew Houeton. Located at 4400 Horne Street for the Chamberlin Park Expansion Project (COUNC/LO|@TR|CT3) RECOMMENDATION: /tio recommended that the City Council: 1. Declare that negotiations between the City and the landowner to acquire a fee simple interest in a 0.287 acres of land on property owned by the Estate of Matthew Houston, located at 4400 Horne Street were unsuccessful due to the inability to |000ta living heirs of the estate; 2. Declare the necessity to acquire fee simple interest in the property for the Chamberlin Pork Expansion 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 Chamberlin Park Expansion Project; 4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described fee simple interest and to obtain clear title to the property; 5. Authorize a payment pursuant toon award of commissioners ora negotiated settlement; and O. Authorize the City Manager or his designee to accept and record appropriate instruments. DISCUSSION: The land rights in the subject property are needed for the Chamberlin Park Expansion Project. Chamberlin Park io currently O.841 acres and contains o multi-use baUfie|d. fenoing and security lights. In order to accommodate the construction of the new connnnunithy center at this aita, the expansion of Chamberlin Park is required. This facility will provide onooa for youth and adult proQnomminQ, fitness and multi-purpose rooms. Tide to the subject property, located at 4400 Horne Gtneet, is vested in the Estate of Matthew Houston and consists of three residential lots which are improved with vacant structures. Multiple attempts have been made to locate living heim, but to date, none have been identified. Staff therefore recommends moving forward with the eminent domain process in order to allow the court to appoint an Ad Litem to represent the landowner interest. An independent appraisal established fair market value for the property in the amount of$40,000.00. Upon approval, o Special Commissioners' hearing will be brought to condemn and acquire the fee simple I.oguanzc: 21P&4D44O0I{O0NBCONl]lBMN Page l of 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 needed fee simple interest on the property as shown below. Parcel Address Legal Description Type of Taking/Acres No. _ _1-- 8 400 Horne Lots 37-40 Block 117 Chamberlin Arlington Fee Simple Acquisition Street (Heights Second Filing 0.287 When the construction of the community center is awarded, additional funding will be requested for maintenance operations of the added facilities and the resultant increase in use. The cost to maintain this parkland in reserve status is estimated to be in the amount of$115.68 annually. The FID for the Operating impact for Fiscal Year 2017 will be 10100-5430406-0807021. 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 0.287 acres of land on property owned by the Estate of Matthew Houston at 4400 Horne Street, Lots 37-40 Block 117 Chamberlin Arlington Heights Second Filing, needed for the Chamberlin Park Expansion Project. The property to be acquired is further depicted by the documents attached to this M&C. This property is located in COUNCIL DISTRICT 3, Mapsco 362 C5 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, funds will be available in the current capital budget, as appropriated, of the Park Dedication Fees Fund. FUND IDENTIFIERS (FIDs): TO Fund Department Accoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department Accoun Project ProgramActivity Budget Reference # JAmount ID I I ID Year Chartfield 2 L301101 0800450 1 571010 CO2689 004100 $40,000.00 CERTIFICATIONS: Submitted for City Manager's Office bT. Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Lexington Wright (6645) Logname: 21PMD4400HORNECONDEMN Page 2 of 2