HomeMy WebLinkAboutResolution 4734-01-2017 A Resolution
NO. 4734-01-2017
A RESOLUTION DETERMINING THE NECESSITY FOR ACQUIRING REAL
PROPERTY AND AUTHORIZING ITS APPROPRIATION OR
CONDEMNATION FOR PUBLIC USE
WHEREAS, the Fort Worth City Council on January 24, 2017, in M&C L-15990, ordered and
decreed that a public necessity existed for the acquisition of 0.019 acres from a tract located at 2484
Golden Triangle Boulevard 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 Northside II 48-inch Water Transmission Main Project, a
public project(the "Project");
- public necessity required the acquisition by donation, purchase, condemnation or otherwise
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,negotiations for the purchase of said tract of land have been unsuccessful; and
WHEREAS, on this 24th day of January, 2017, at a regular meeting of the Fort Worth City
Council, upon Motion of Mayor Pro Tem Shingleton,to wit:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire a permanent water facility easement in 0.019 acres of land owned by
Properties 4BKE, LLC, located at 2484 Golden Triangle Boulevard, Lots 1, Block 1, Properties 413KE
Addition, needed for the Northside II 48-inch Water Transmission Main Project. The property to be
acquired is further depicted by the documents attached to this M&C.Seconded by Council Member
Moon,duly put and carried: RESOLUTION.
oRTWon ii
Resolution No. 4734-01-2017
Page 2 of 2
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 24th day of January, 2017.
ATT S (!D Bnald P. Gonzales, Assi to t City Secretary
ORTWO
NORTHSIDE 11 48 INCH WATER MAIN,PHASE I
PARCEL No. 35 PE
CITY PROJECT No. 02082
2484 GOLDEN TRIANGLE BLVD.
LOT 1,BLOCK 1, PROPERTIES 4BKE ADDITION
EXHIBIT "A"
Being a permanent water facility easement out of Lot 1, Block 1, of Properties 4BKE Addition,
an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in County Clerk's File
No. D213284460 of the Official Public Records of Tarrant County, Texas, said Lot 1 being
deeded to Properties 4BKE, LLC as recorded in County Clerk's File No. D213175127 of said
Official Public Records of Tarrant County, Texas, said permanent water facility easement being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "AW4186"found for the northwest corner
of said Lot 1, said 5/8 inch iron rod with cap stamped "AW4186" being in the east line of
Harmon Road(a variable width right-of-way);
THENCE South 76 degrees 13 minutes 56 seconds East, with the north line of said Lot 1 a
distance of 25.30 feet to a point for the beginning of a non-tangent curve to the left
having a radius of 1023.31 feet, a central angle of 03 degrees 44 minutes 26 seconds
and whose chord bears South 21 degrees 03 minutes 39 seconds West, a distance of
66.79 feet, from which a 5/8 inch iron rod with cap stamped"AW4186" found for the
northeast corner of said Lot 1 bears South 76 degrees 13 minutes 56 seconds East, a
distance of 555.19 feet;
THENCE with said non-tangent curve to the left an arc length of 66.81 feet to a point for corner
in the west line of said Lot 1, said point being in the east line of said Harmon Road;
THENCE North 00 degrees 28 minutes 47 seconds West, with the west line of said Lot 1 and
with the east line of said Harmon Road, a distance of 68.36 feet to the POINT OF
BEGINNING and containing 814 square feet or 0.019 acres of land,more or less.
Exhibit A Page 1 of 2
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) 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: May 21, 2015
CURTIS SMITH
Curtis Smith
Registered Professional Land Surveyor No. 5494 ��oFSasao�P�
Re o
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Firm No. 10106900
I
Exhibit A Page 2 of 2
21 PMD PROPERTIES 413KE, LLC CONDEMNATION MAP
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/24/2017 - Resolution No. 4734-01-2017
DATE: Tuesday, January 24, 2017 REFERENCE NO.: L-15990
LOG NAME: 21 PMD PROPERTIES 4BKE, LLC CONDEMN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain for a Permanent Water Facility Easement
in 0.019 Acres of Land Owned by Properties 413KE, LLC, Located at 2484 Golden Triangle Boulevard for
the Northside II 48-Inch Water Transmission Main Project (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare the necessity to acquire a permanent water facility easement on the property for the Northside
II 48-inch Water Transmission Main Project;
2. Declare that negotiations between the City and the landowner to acquire a permanent water facility
easement on 0.019 acres of land owned by Properties 4BKE, LLC, Located at 2484 Golden Triangle
Boulevard were unsuccessful due to the inability to agree upon a negotiated value;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the
easement for public use for the Northside II 48-inch Water Transmission Main Project;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the
described permanent water facility easement and to obtain clear title to the property;
5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and
6. Authorize the City Manager or his designee to accept and record appropriate instruments.
DISCUSSION:
The land rights in the subject property are needed for the Northside II 48-inch Water Transmission Main
Project. The permanent water facility easement is needed to connect the 48-inch water main off of Golden
Triangle Boulevard, west of I1-1-35, to an existing 42-inch water main that is located at the intersection of
Timberland Boulevard/Alta Vista. The proposed connection will allow for increased water supply to the
Caylor Ground Storage Tank.
Multiple attempts have been made to reach a negotiated value, but to date, none have been agreed
upon. Staff therefore recommends moving forward with the eminent domain process in order to obtain the
needed easement interest.
An independent appraisal established fair market value for the easement in the amount of$895.00. Upon
approval, a Special Commissioners' hearing will be brought to condemn and acquire the permanent water
facility easement on 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
Logname: 21PMD PROPERTIES 413KE, LLC CONDEMN Page 1 of 2
with acquiring the needed permanent water facility easement on the property as shown below.
Parcel Address Legal Description Type of Taking/Acres
No.35PE 2484 Golden Triangle Lots 1 Block 1 Properties Permanent Water Facility
Boulevard 4BKE Addition Easement 0.019
The land for this project will be purchased using the 2016 Water Capital Projects Fund.
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 permanent water facility easement
in 0.019 acres of land owned by Properties 4BKE, LLC, located at 2484 Golden Triangle Boulevard, Lots
1, Block 1, Properties 4BKE Addition, needed for the Northside II 48-inch Water Transmission Main
Project. The property to be acquired is further depicted by the documents attached to this M&C.
This property is located in COUNCIL DISTRICT 7, 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 funds are available in the current capital budget, as appropriated of
the 2016 Water Capital Projects Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Departmentccoun Project Program ctivity Budget Reference # moun
ID 1A ID Year Chartfield 2
FROM
Fund Departmentccoun Project JProgram ctivity Budget Reference # moun
ID 1A ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Leo Sumner (6349)
Logname: 21 PMD PROPERTIES 413KE, LLC CONDEMN Page 2 of 2