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HomeMy WebLinkAboutResolution 4727-12-2016 A Resolution NO. 4727-12-2016 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 December 13, 2016, in M&C L-15982, 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, 0.241 acres for a temporary construction easement, and 0.041 acres for a permanent slope 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 13th day of December, 2016, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Kelm 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, 0.241 acres for a temporary construction easement, and 0.041 acres for a permanent slope easement from property owned by Southwest Metal Treating Corporation, L.L.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 are needed and will be used to construct improvements for the Risinger Road from Crowley Road to McCart Avenue Project, a public use. The interests to be acquired are described by oRT WO T metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication (M&C). Seconded by Jungus Jordan,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 13th day of December. 2016. o°°°aph .o"dO' FORT as a v a O� O-ATTEST: PA, °, 'i$ o $a°v A % 0 gsr, (ZVY Y�AoO N14 By. Y a4* DOO �0� o.Secretary �1 FORT Wo 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 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 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 arc 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 CURTIS SMITH Curtis Smith Registered Professional Land Surveyor �° .... 9 °ESS�,..• �Q No. 5494 SUR`��`' Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT "B $1 PARCEL No. 7 ROY P.0.C. FND. 5/8'IRF 40.2 ACRES (BY DEED) THOMAS D. GIBBS VOLUME 14366, PAGE 199 D.R.T.C.T. r` of LOT f, BLOCK f N CIBBS INDUSTRIAL ADDITION CABINET A, SLIDE 6409 o� P.R.T.C.T. Z Q 0 BEY I = � N tL, 8 ORA MANO. 4p72.99 ACRES (BY DEED) F-- --I ` AeS� SOUTHWEST METAL I TREATING CORPORATION, LLC O LJ. VOLUME 11455, PAGE 846 LL D.R.T.C.T. Z W 9 Z LL R� F— o V Z g I zQ � J CO) D ¢ g� 4.733 ACRES (BY DEED) SOUTHWEST METAL o TREATING CORPORATION, LLC C.C.F. NO. D210264416 F4 D.R.T.C.T. 6 hl PARCEL No. 7 ROW ILI I SUBJECT TRACT & 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 -GORRONDOW SET UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET o�rW��T City of Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A RIGHT—OF—WAY ACQUISITION OF OUT OF A (- 4.733 ACRE TRAIN TRACT OF LAND '��G Rc�a.:,7u) E. B. DISHMAN SURVEY, ABSTRACT No. 407 SMIT TIS _CUR CITY OF FORT WORTH, TARRANT COUNTY, TEXAS , IS _., AS RECORDED IN COUNTY CLERK'S FILE No. D210�64416 �T pQ�5494 ; DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE CITY PROD. 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 SCALE: 1" =,60' N0. 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 EXHIBIT "B " MATCH LINE PAGE 1 PARCEL No. 7 ROW � Q CURVE RADIUS DELTA ANGLE CURVE TBEARING CHORD LENGTH ARC LENGTH C-1 1255.00 16'18 31 S 82'04 58 E 356.02 357.22 (r I I-- _J r �9=--ING I i ; I ANCE.04 Z .76' Z LL rc O Q o o Sj 1 6• S U Z N DI C�ANo. 4113 1 Z Q s N j 6. Ag'TRA I ? Z I r� 4.733 ACRES (BY DEED) w 00 Q SOUTHWEST METAL U TREATING CORPORATION, LLC Q L-1 C.C.F. NO. D210264416 LL P•0•B• SET R.O.W. D.R.T.C.T. SET R.O.W. MARKER PROPOSED Ld 1 MARKER C-1 RIGHT-OF-WAY Z J .......................................................... .......................................................................... I a `.? ...................� �_��_:..: RIGHT-OF-WAY ___ _ M.: . .w:..: ..............,...-:::•ACQUISITION AREA } : W :: :'.:�:::::::::. . _ J•; 13 U 122 S Q. FT. F .OR 30 0. 1 ACRES F- N0. _ a P K N AIL APPROXIMATE OF SURVEY LINEION S 89'05'34V 3 EST RISINGER ROAD pCo� pC�N. 7 45 FEX;;G_ �'UND'EDI----RIGHT-OF-WAY)-- -_ TRACT ONE ABS�R RIGHT-OF-WAY 6.28 ACRES (BY DEED) --------- 6D' ROAD EASEMENT 2201 RISINGER, L.L.C. DEDICATED TO THE USE (50% UNDIVIDED INTEREST) AND BENEFIT OF THE PUBLIC C.C.F. NO. D209049450 AS A ROAD EASEMENT O.R.T.C.T. PAJRMCEL No. I VOLUME 5168, PACE 278 PAMELA TRUSTEE ANDERSON, 7 ROW D.R.T.C.T. ANDERSON MARITAL TRUST (5OX UNOMDED INTEREST) VOLUME 9931, PAGE 1988 SUBJECT TRACT & AND LOCATION OF ACQUISITION C.C.F. NO. 0208403925 O.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 8/8' 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 NDRTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET City of Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A RIGHT-OF-WAY ACQUISITION L�c F4.733 ACRE TRACT OF LAND G1i11 SITUATED IN THE E. B. DISHMAN SURVEY, ABSTRACT No. 407 CfIY OF FORT WORTH, TARRANT COUNTY, TEXAS RTIS SMIT AS RECORDED IN COUNTY CLERK'S FILE No. D210264416 0 5494 DEED RECORDS OF TARRANT COUNTY, TEXTS F ... PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE CITY PROJ. No. 0223S ACQUISITION AREA: 13 122 SQUARE FEET OR 0.301 ACRES H JOB No. HALF1403.00 DRAWN BY: CTA CAD FILE: 07 ROW.DWG FESSIONAL LAND SURVEYOR DATE: MARCH 19, 2015 EXHIBIT B PAGE 2 OF 3 SCALE: 1' = 60' TEXASS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 FAX 817-496-1768 EXHIBIT "B " PARCEL No. 7 ROW CURVE TABLE lI$CURVEI RADIUS IDELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH I I PARCEL No--\L:l C-1 1255.00' 16'18 31 S 82 04'58"E 356.02' 357.22' 7 ROW I I SUBJECT TRACT & N SURD I LOCATION OF ACQUISITION I 1 g. vjsNko No' 401 E. or- I I I J''BSl o LOT 1 o� i i o(% 1 DDITION 4.733 ACRES (BY DEED) 1 I 13 TRIAL A 6409 N TREATINSOUTHWEST ORPORATION, LLC � i i GIBCAHINB P R'.T CITB C.C.F. NO. D210264416 O o I I D.R.T.C.T. I$IL 40.2 ACRES (BY DEED) a RIGHT-OF-WAY 60' ROAD EASEMENT I I THOMAS D D. GIBBS 09 ACQUISITION AREA DEDICATED TO THE USE I I C.C.F. D.R.T.200 LL.I 13,122 SQ. FT. AND BENEFIT OF THE PUBLIC I 1 Z OR 0.301 ACRES AS A ROAD EASEMENT I I VOLUME 5168, PAGE 278 EASEMENT I I 1 1 10.0'x ELECTRICAL EASEMENT J D.R.T.C.T. �a CABINET A, SLIDE 6409 -- ----------------------------- - -------- ----111 P.R.T.C.T. M G. PROPOSED I I I S. N. & SUFtVE 2 L'-1 RIGHT-OF-WAY 0 I APPROXIMATE LOCATION t-Li VOL- C' S NO• q6 OF SURVEY LINE I Nes" pC S 89•05'34"W MARKER'W WEST RISINGER ROAD I _ _ LOT LINE 362.07 (AN UNDEDICATED RIGHT-OF-WAY) -- PERMANENT WATER MAIN EASEMENT TO THE TRACT ONE I I CITY OF FORT WORTH 8.26 ACRES (BY DEED) EXISTING RIGHT-OF-WAY I `i I C.C.F. N0. C.T. 5741 2201 RISINGER, L.L.C. D.R.T.C.T. (50X UNDIVIDED INTEREST) I � C.C.F. NO. D.R.T.00T049450 S�R40 1 I ��` 40.2 ACRES (BY DEED)GIBBS PAMELA L ANDERSON,ANDESON TRUSTEE OF TRUST ,p(,0 AC�Ox 1,a� I k j �� THOMAS D. 0111 C.C.F. N0. D200111309 B I �` 1 `� D.R.T.C.T. (50% UNDIVIDED INTEREST) p,w VOLUME 99DPAGE 1980 \\ IN C.C.F. NO. D208403925 D.R.T.C.T. NOTES: 60' 30' 0 60' 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PUT. 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 oar WORT City of Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A RIGHT—OF—WAY ACQUISITION (E„ F,, OUT OF A Q-; r�S7E� , f 4.733 ACRE TRACT OF LAND 9 p: U1 SITUATED IN THE _ _ 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 LMARCH GER ROAD FROM CROWLEY ROAD TO MCCART AVENUE CITY PROJ. No. 02239 S REA: 13 122 SQUARE FEET OR 0.301 ACRES CURTIS SMITH 03.00 DRAWN BY: CTA CAD FILE: 07 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR , 2015 EXHIBIT B PAGE 3 OF 3 SCALE. 1” 60' NO. 5494 TEXAS FIRM No. 10106900 A do ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUT H 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 arc 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 arc length of 157.41 feet to a point for comer; 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 comer; THENCE North 89 degrees 25 minutes 14 seconds East, a distance of 50.00 feet to a point for comer; 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 square 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 Curtis Smith CURTIS SMITH Registered Professional Land Surveyor No. 5494 Texas Firm No. 10106900 Exhibit A Page 3 of 3 EXHIBIT "B " PARCEL No, 7 TCE P.0.C. FND. 5/8"IRF 40.2 ACRES (BY DEED) THOMAS D. GIBBS VOLUME 14366, PAGE 199 I D.R.T.C.T. LOT f, BLOCK f 91 GIBBS INDUSTRIAL .ADDITION N CABINET A, SLIDE 6409 rn P.R.T•C.T. Z o AN 5 BEY 2 � H �, g O�SCl No'�4 12.99 ACRES (`BY DEED) I-•- J ` pg5jR TREATING CORPORATION, LLA Q 3j VOLUME 11455, PAGE 846 C D.R.T.C.T.. Z W f O Q .IE V Z g I _Z Q S I .J cl) r in Q �I 4.733 ACRES (BY DEED) SOUTHWEST METAL $ TREATING CORPORATION, LLC C.C.F. N0, D210264416 N D.R.T.C.T. 0 ut PARCEL No. 7 TCE l SUBJECT TRACT & LOCATION OF EASEMENT 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 ors ' City of Fort (North 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A TEMPORARY CONSTRUCTION EASEMENT �E �...,, OUT OF A Q":'r„.. 4.733 ACRE TRACT OF LAND SITUATED IN THE E. B. DISHMAN SURVEY, ABSTRACT No. 407 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS �CURTIS SMITH�� AS RECORDED IN 5494 COUNTY CLERKS FILE No. D210264416 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT. RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239 SU 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 EXHIBFT 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 TCE TABLE cc Q CURVE RADIUS DELTA ANGLE CHO D BEARING CHORD LENGTH ARC LENGTH C-1 1280.00 03'59 48" S 88'14'20"E E 89.27 89.29' I = I C-1 1270.00' 07'OfiOS S 82'41.29"E 1 157.31' 157.41' C-3 1255.0016'18'31" I N 82'04.58"W 1 356.02' 357.22' 0) LINE Z o N IL BEARING DISTANCE 89 Z LL W " SHMAN S�g07 'Do_W To.o' 00-54'26W 2.6r O c E• BBSpRAGT NC, 14E 50.00' A '46"W 8.04' 0 Z G N 4.733 ACRES (BY DEED) '00"1 54.76' Z u g �I SOUTHWEST METAL '00"E 25.0,' J N TREATING CORPORATION, LLC cl: 0 I C.C.F. NO. D210264416 TEMPORARY V) = Z L-1 D.R.T.C.T. CONSTRUCTION m Q C-1 L-2 EASEMENT S . FT. L-4 0 OR 0.285 ACRES ...... Q P.0.B. °' M CL J C-2 1 Lv SET R.O.W. :::5:::::::0::: :.: Z ET R. .W. :. :::......:::.-.'."::::'."...:::::.:•: ::::::....... ......... MARKER — MARKER PROPOSED L+-3 .......::.:�•:.:::•:::i:°:i{ii{isititii•ri{�:e::r:•:°:fs•:•a{{;• —I RIGHT—OF—WAY I � --L-7----------- ------------------------ _ J P l FND. Q PK NAIL — — — _ APPROXIMATE LOCATION WEST RISINGER ROAD ['jRIG OF SURVEY LINE--- (AN UNDEDICATIED RIGHT—OF—WAY) GOB �No, 1A3 A g'lRAG XI5T- ------- TRACT ONE--------- ----------- AB HT-OF-WAY 2201ARISINGER, DEED) 60' ROAD EASEMENT (50% UNDIVIDED INTEREST) DEDICATED TO THE USE C.C.F. NO. D209049450 AND BENEFIT OF THE PUBLIC D.R.T.C.T. AS A ROAD EASEMENT PAMELA L. ANDERSON, PARCEL No I VOLUME 5168, PACE 278 TRUSTEE OF THE 7 TCE D.R.T.C.T. ANDERSON MARITAL TRUST (507. UNDIVIDED INTEREST) VOLUME 9931, PAGE 1980 SUBJECT TRACT & AND LOCATION OF EASEMENT C.C.F. N0. D208403925 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. 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 q w City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 76102 EXHIBIT SHOWING A TEMPORARY CONSTRUCTION EASEMENT F, OUT OF A Q •' 4.733 ACRE TRACT OF LAND A, G S'F�,:y� SITUATED IN THE E. B. DISHMAN SURVEY, ABSTRACT No. 407 _CURTIS SMIT _ CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TI AS RECORDED IN �M p 5494 ° COUNTY CLERK'S FILE No. D210264416 DEED RECORDS OF TARRANT COUNTY, TEXAS �F S -�� PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE 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 2 OF 3 1 SCALE: 1" 60' NO. 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 EXHIBIT "B " CURVE TABLE PARCEL No. 7 TCE i I I CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH I I PARCEL No. C-3 1255.00' 1618,3' 1" N 82'04'58"W 356.02' 1 357.22'_j 7 TCE I I LINE TABLE I I LINE BEARING DISTANCE I I SUBJECT TRACT & L-4 N 89'25'14"E 50.00' L-5 S 00054'26"E 50.39 AN SURYE I LOCATION OF EASEMENT L-B S 00'50'51"E 25.00' B p,SNM 140, 407 I I cl ABS�P'N a LOT 1 I I 1 TION 4.733 ACRES (BY DEED) ° BL'T X6409 SOUTHWEST METAL Xb i i C H vI is T LIE 6 N TREATING CORPORATION, LLC R i i GIB 3 E A' (;.T. C.C.F. NO. D210264416 °mac I I D.R.T.C.T. <[ L-4 TEMPORARY I I 40.2 ACRES (BY DEED) THOMAS D. GIBBS CL CONSTRUCTION fi0' ROAD EASEMENT I I C.C.F. NO. D200111309 DEDICATED TO THE USE I I LLJ EASEMENT AREA AND BENEFIT OF THE PUBLIC I I D,R.T.C.T. 12,427 SQ• FT. AS A ROAD EASEMENT 1 i Z I I 10.0'X676' ..:::::::. I OR 0.285 ACRES VOLUME 5168, PAGE 278 J I I ELECTRICAL EASEMENT D.R.T.C.T. ­4 INET A. SLIDE 6409 G -- . I P.R,T.C.T. �1• V� -------N 89-05-34-E 218.29•----- -_-__ _ - A• & UR � U S• S 62 :::: I 1 I Co. 1 4 tiii{iiT:•r:•::ti•Cii:(':10 � R• N o• ���••�0�IMA E LOCAT N ::'::�:'.APPR X R 3 _ OF SURVEY,LINE I 85�RA ..:.:.SET R.O.W.-'S 89'05'34W 160.76' I A MARKER WEST RISINGER ROAD I LOT LINE (AN UNDEDICATIED RIGHT-OF-WAY) I PERMANENT WATER ______ — -- I MAIN EASEMENT TO THE TRACT ONE EXISTING I �� I CC.C.F. NO. D103105741 TY OF FORT WORTH I ♦ 8.26 ACRES (BY DEED) RIGHT-OF-WAY �� I D,R.T.C.T. 2201 RISINGER, L.L.C. I �J (5OX UNDIVIDED INTEREST) I C.C.F. NO. D R.T.0 T 049450 RAE`( I I 40.2 ACRES (BY DEED) PAMELA L. ANDERSON, GOX SU 43 I I �� THOMAS D. GIBBS TRUSTEE �pC08 AG NO• 1� I n�� ��\ C.C.F. D.R.T.C.T. 309 (5OX UNDIVIDED INTEREST) gS�R I 1 VOLUME 9931, PAGE 1980 AND I I C.C.F. N0. D208403925 I I \ \ 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. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET o�rwoRT City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A TEMPORARY CONSTRUCTION EASEMENT 4.733 ACRE TRACT OF LAND �Pe``G`STeRFd SITUATED IN THE E. B. DISHMAN SURVEY, ABSTRACT No. 407 - CURTIS SMITE„ CITY OF FORT WORTH, TARRANT COUNTY, TEXAS _ AS RECORDED IN COUNTY CLERK'S FILE No. D210264416 poF5494 DEED RECORDS OF TARRANT COUNTY, TEXAS •. S PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE 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 1 SCALE: 1" = 60' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 PROJECT NAME: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE PARCEL No. 7 PSE CITY PROJECT No. 02239 2200 W. RISINGER ROAD,FORT WORTH,TEXAS E.B.DISHMAN SURVEY,ABSTRACT No.407 EXHIBIT"A" Being a permanent slope easement situated in the E. B. Dishman Survey, Abstract No. 407, City of Fort Worth, Tarrant County, Texas, said permanent slope 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 permanent slope 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 333.90 feet to the POINT OF BEGINNING of the herein described permanent slope easement; THENCE North 89 degrees 45 minutes 46 seconds East,a distance of 7.68 feet to a point for the beginning of a curve to the right having a radius of 1267.50 feet, a central angle of 03 degrees 45 minutes 17 seconds, and whose chord bears South 88 degrees 21 minutes 35 seconds East, a distance of 83.05 feet; THENCE with said curve to the right,an arc length of 83.06 feet to a point for corner; THENCE South 78 degrees 04 minutes 49 seconds East, a distance of 132.58 feet to a point for corner in the proposed north right-of-way line of West Risinger Road(an undedicated right-of-way), said point being the beginning of a non-tangent curve to the left having a radius of 1255.00 feet, a central angle of 09 degrees 45 minutes 13 seconds, and whose chord bears North 85 degrees 21 minutes 37 seconds West, a distance of 213.38 feet; Exhibit A Page 1 of 2 tl 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 213.64 feet to a R.O.W. marker set for corner; THENCE South 89 degrees 45 minutes 46 seconds West, 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 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 12.51 feet to the POINT OF BEGINNING and containing 1,801 square feet or 0.041 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: April 20,2016 OF T Q Curtis Smith CURTIS SMITH 5494 Registered Professional Land Surveyor No. 5494 S U RJ Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No. 7 PSE P.0.C. _ FND. 5 8"IRF 40T}p�S 0`ORBS ) VOLUME 14388, PAGE 199 I DJLT.C.T. LOT 1, BLOCK If 0I GIBBS INDUSTRLlL ADDITION CABINET A, SLIDE 6409 P.R.T.C.T. n uuj O ,SNMaN - 40 EY I F=. x E• S. RAO'( N° 7- (y DEED) AB MErAL g3 TREATNrG CORPORATION. LLC VOLUME 11455, PAGE 848 O LL O O.R.T.C.T. Z W 0z - Z < S I I mz Q S� 4.733 ACRES (BY DEED) SOUTHWEST METAL TREATING CORPORATION, LLC 8 C.C.F. NO. D210264416 N D.R.T.C.T. 0 NI PARCEL No. 7 PSE I SUBJECT TRACT & LOCATION OF EASEMENT MATCH LINE PAGE 2 NOTES: 1. A LEGAL DESCRFION OF EVEN DATE ACCOMPANIES THIS PLAT. 60' 30' 0 60' 2. R.O.W. MARKERS ALONG THE PROPOSED RKaHi—OF—WAY LINE ARE A 8 18' IRON ROD WITH BLUE CAP STAMPED "GORRONDONA' SE7 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 FoRTWORTH City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 78102 EXHIBIT SHOWING A PERMANENT SLOPE EASEMENT �E OF rF 4.733 ACRE T°R OF LAND ��:�.G;STf;QF {p � SITUATED IN THE E B. DISHMAN SURVEY, ABSTRACT No. 407 Cl CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CURTIS SMITH AS RECORDED IN ° 5494 1 COUNTY CLERK'S FILE No. D210264416 y Q �? DEED RECORDS OF TARRANT COUNTY. TEXAS % PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE CITY PROD. No. 02239 S U EASEMENT AREA: 1 801 SQUARE FEET OR 0.041 ACRES CURTIS SMITH JOB No. HALF1403.00 I DRAWN BY: JLC CAD FlLE: 07—PSE DING REGISTERED PROFESSIONAL LAND SURVEYOR DATE APRIL 20 2016 1 EXHIBIT B PAGE I OF 2 1 SCALE 1' - 60' NO. 5494 TEXAS FIRM No. 10105900 GORRONDONA do ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-498-1768 i EXHIBIT "B " MATCH LINE PAGE 1 PARCEL No. 7 PSE Z CURVEI RAMS QELTA ANGLEC1 BF�IRMIG D ARC LENGTH I C-1 1267.50 03'4517 S 88'21 35 E 63.05 83.08 I C-2 1255.00 09.4513 N 8521 37 213.38 213.64 I F- J I Z LLJ q o E. B. DISHMAN SURVEY ABSTRACT No. 407 Z LL SOUTHWEST ACRES (BY DEED) SOUTHWEST METAL uNE TABLE Q o g TREATING CORPORATION, LLC LINE I BEARING I DISTANCE 1 2 i-" o n C.C.F. N0, D210264416 L-I N 89'45'46 E 7.68 I 0 Z NI D.R.T.C.T. L-2 S 8945'46 8.o4 Z Q s o L-3 N 01"25'00-E 1 12.51 c yf PERMANENT SLOPE Z L-1 EASEMENT AREA m Q OR 0 .041 ACRES C-1 P.O.B. M.�..,... L-3 ::;.::.:'.::: � �49,E RIGT PROPOSED Y tt::::::. ... SET a.o.w. ::� I SET R.O.W. MARKER C MARKER S 01'25'00" W _ - _..._.___. ----- - 54.76' L-2 FND. £ PK NAIL _, _ _. APPROXIMATE L.00ATKiN WEST RISINGER ROAD Og W„C NO511a3 OF SURVEY LINE (AN UNDEDICATIED RIGHT-OF-WAY) _-__-__- ABS'(RAC _ FRIGHT t0A F-WAY 5.26 ACRES (BY DEED) 2201 RISINGER, LLC. 60' U E ASEMENT (5OX UNDMDED INTEREST) DEDICATED TO THE USE C.C.F. N0, D209049450 AIN) BENEFIT OF THE PUBW D.R.T.C.T. AS A ROAD EASEMENT PAMELA L. ANDERSON., PARCEL No. I VOLUME 5168, PAGE 27P, TRUSTEE OF THE 7 PSE D.R.i.C.T, ANDERSON MARITAL TRUST ( p VOLUME 9931,SUBJECT TRACT dt C.C.F. NO D208403925 LOCATION OF EASEMENT 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 HANG THE PROPOSED RIGHT-OF-WAY LINE ARE A 5/5" IRON ROD WRH BLUE GAP STAMPED 'GORRONDONA" SEr 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 75102 EXHIBIT SHOWING A PERMANENT SLOPE EASEMENT 4.733 ACREUTRACT OF LAND GA�f'Pc�pyN SITUATED IN THE E B. DISHMAN SURVEY, ABSTRACT No. 407 CU TiS SM CITY OF FORT WORTH, TARRANT COUNTY, TEXAS „ AS RECORDED IN �" COUNTY CLERK'S FILE No. D210264416 <`..poF5494 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE 1 CITY PROJ. No. 02239 EASEMENT AREA: 1,801 SQUARE FEET OR 0.041 ACRES CURTIS SMITH JOB No. HALF1403.00 I DRAWN BY: JLC CAD FlLE: 07-PSE,DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: APRIL 20, 2018 EXHIBIT B PAGE 2 OF 2 SCALE: 1" - 60' N0. 5494 TEXAS FIRM No. 10105900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 MAYOR AND COUNCIL COMMUNICATION MAP 21 PMD 2239-07-CONDEMN-R 2200 W. Risinger Road, Fort Worth , TX 76134 jF 1. I h M 1 Temporary Construction Easement - 0.241 Acres - i� -.. . Permanent Slope Easement - 0.041 Acres Ilk oil A 1 " !a' Tr wj Fee Simple ROW - 0.301 Acres f { �' �`y Acguistion Permanent Slope Easement �` Copyright 2016 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is Temporary Construction Easement for informational purposes and may not have been 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 the accuracy of Fee Simple ROW said data. rld t N` City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/13/2016 - Resolution No. 4727-12-2016 DATE: Tuesday, December 13, 2016 REFERENCE NO.: L-15982 LOG NAME: 21 PMD 2239-07-CONDEMN-R SUBJECT: Amend Mayor and Council Communication L-15865 to Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire a Fee Simple Interest in 0.301 Acres of Land for Right-of-Way, 0.241 Acres for a Temporary Construction Easement, and 0.041 Acres for a Permanent Slope Easement from Property Owned by Southwest Metal Treating Corporation, L.L.C. 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. Amend Mayor and Council Communication L-15865 to adopt the resolution authorizing condemnation by eminent domain to acquire a fee simple interest in 0.301 acres of land for right-of-way, 0.241 acres for a temporary construction easement, and 0.041 acres for a permanent slope 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; 2. Declare the necessity to acquire the fee simple interest, temporary construction easement, and permanent slope easement for the Risinger Road from Crowley Road to McCart Avenue Project; 3. Declare the negotiations between the City and the landowner to acquire a fee simple interest in 0.301 acres of land for right-of-way, 0.241 acres for a temporary construction easement, and 0.041 acres for a permanent slope easement from the property owned by Southwest Metal Treating Corporation, L.L.C. located at 2200 West Risinger Road, Fort Worth, Texas, were unsuccessful due to the owner's failure to respond to the City's final offer; 4. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use in the Risinger Road from Crowley Road to McCart Avenue Project; 5. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described fee simple interest, temporary construction easement, and permanent slope easement from the property owner; 6. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and 7. Authorize the City Manager or his designee to accept and record appropriate instruments. DISCUSSION: On February 2, 2016 (M&C L-15865), the City Council authorized condemnation by eminent domain to acquire a fee simple interest on 0.301 acres for right-of-way and 0.285 acres for a temporary construction Logname: 21PMD 2239-07-CONDEMN-R Page 1 of 3 easement for the Risinger Road from Crowley Road to McCart Avenue Project. Based on an independent appraisal related to that acquisition, the City offered $235,015.00 to acquire the property, which was not accepted by the property owner. However, since M&C L-15865 was approved, Engineering design changes resulted in a decrease in acreage needed for the temporary construction easement and created a requirement for a permanent slope easement. Therefore, staff is recommending that M&C L-15865 be amended to decrease the acreage of the Temporary Construction Easement and include the interest needed for the Permanent Slope Easement. The land rights in the subject property are required in order to construct the improvements in accordance to new design standards, and to widen and expand Risinger Road from Crowley Road to McCart Avenue. The improvements will promote safety and efficient traffic flow on Risinger Road. City staff made revised initial and final offers according to the new appraised value of $278,197.00. Negotiations were unsuccessful due to the owner's failure to respond to the City's final offer. Upon approval, a Special Commissioners' hearing will be brought to acquire the fee simple interest, temporary construction easement, and permanent slope easement on the property. Although City Council action is required to move forward with condemnation, in order to meet the capital project delivery schedule, staff will continue attempts to negotiate in good faith with the landowner until such time as the hearing is scheduled. The mineral estate will not be acquired. The judgment will contain a surface waiver for the exploration of the mineral estate. Upon City Council approval, staff will proceed with acquiring the needed fee simple interest, permanent and temporary construction easements on the property as shown below. Funds are available in the 2014 Bond Program Fund. Parcel Address/Legal Description Type of j No. Property/Acres 2200 West Risinger Road, 7 Abstract No. 407, Tract 4c, E. Fee Simple Interest/ 0.301 Acres B. Dishman Survey I 2200 West Risinger Road, 7-TCE Abstract No 407, Tract 4c, E. Temporary-Construction 1 . Dishman Survey Easement/ 0.241 Acres B � X2200 West Risinger Road, 7-PSE Abstract No. 407, Tract 4c, E. Permanent Slope B. Dishman Survey Easement/ 0.041 Acres Because the property interests sought by the City through eminent domain have changed from those originally authorized under M&C L-15865, to approve this Mayor and Council Communication, 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, 0.241 acres for a temporary construction easement, and 0.041 acres for a permanent slope easement from property owned by Southwest Metal Treating Corporation, L.L.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 are needed and will be used to construct improvements for the Risinger Road from Crowley Road to McCart Avenue Project, a public use. The interests to be acquired are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication (M&C). This project will be funded through the 2014 Bond Program. Available resources within the General Fund Logname: 21PMD 2239-07-CONDEMN-R Page 2 of 3 will be used to provide interim financing for these expenditures 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 canvasing the bond election and subsequent ordinances approving debt issuance. This property is located in COUNCIL DISTRICT 8, Mapsco 431. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the 2014 Bond Program. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 34014 200431 5710010 CO2239 CO2340 2016 14010199 $278,197.00 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Ricky Salazar (5166) Logname: 21 PMD 2239-07-CONDEMN-R Page 3 of 3