The URL can be used to link to this page

Home My WebLink AboutResolution 3902-07-2010A Resolution ND 3902-07-2010 APPROVING THE FORT WORTH TRANSPORTATION AUTHORITY'S ACQUISITION THROUGH EMINENT DOMAIN, IF NECESSARY, OF APPROXIMATELY 0 051 ACRE OF LAND COMPRISING A PORTION OF THE T&P WAREHOUSE PROPERTY ON LANCASTER AVENUE FOR THE PROPOSED SOUTHWEST TO NORTHEAST RAIL CORRIDOR WHEREAS, on May 19 2010 the Board of Directors of the Fort Worth Transportation Authority (the `T") adopted the attched Resolution declaring that certain 0 051 acre of land comprising a portion of the T&P Warehouse Property on Lancaster Avenue which is more particularly described in Exhibit A and depicted in Exhibit B thereof (the `Parcel') as necessary for a transit project, specifically the proposed Southwest to Northeast Rail Corridor and authorizing the initiation of condemnation proceedings in order to acquire the Parcel and WHEREAS, in order for a transportation authority to acquire property within the corporate limits of a municipality by means of eminent domain Section 452 058(c)(3) of the Texas Transportation Code requires the authority to obtain the approval of the governing body of the municipality in which the property is located and WHEREAS the T has requested that the City Council approve its acquisition of the Parcel through eminent domain, if necessary and WHEREAS the City Council does not object to the T s acquisition of the Parcel for the proposed Southwest to Northeast Rail Corridor NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS Approves the T s acquisition through eminent domain if necessary of the Parcel as more particularly described in Exhibit A of the T s Resolution, which is attached hereto for the proposed Southwest to Northeast Rail Corridor Adopted this _ loth _day of _,~u~y _~_ 2010 ~~ T Resolution No. 3902-07 2010 ATTEST Martyr Heniirix City Secret-ary ~~~. o ~ ~ ~; +o. ~ ~, ~~ ~~ .~ ~ ,~~ ~~ ;~ ,~ ~ { ~,y `. mow. ~ ~e lR ~ ~ •~~ ty f~' ~~ L~~~ ~~r L. JUL 2 0 2010 C~.O~ ~ rNb Resolution No. 3902-07-2010 resolution RESOLUTION OF THE BOARD OF DIRECTORS REGARDING CONDEMNA'I'[UN AND ACQI-ISI'T'[ON OF PROPERTY FOR SOUTHWEST TO NORTHEAST CORRIDOR PARCEL PORTION OF T&P WAREHOUSE ..PROPERTY WHEREAS, a commercial parcel. consisting of approximately 2,2 ] 8 syuare feet of land described as Exhibit A has been identified. as a necessary component for the proposed Southwest to Northeast Cbrndor• and WHERF,AS, the owner of the property Cleopatra lnvestntents, lad., was presented an offer to purchase the land and all improvements on January ??, 2U 10• and WHEREAS,, The T°s purchase otf'er wa.5 based on an appraisal completed by GernGed General Real Estate Appraiser Uavtd R. Harry of Integra Realty Resources., and reviewed by real estate consultant, Hetman Wardlaw who Justified the offer based an the following. • The acyu~sit~on area is m~ncrr as ~t relates to the whole tract. • The appraisal is based on the sales comparison approach of the property The property ~s vacant, as are the comparables: • This parcel is a critical component for the Southwest to Northeast Rail. C'orr~dor This property will be used to transition to existing tracks. 'I'o delay acyuisrtion of this land could result in even higher cost, as the owner has plans to develop the property • This property is being purchased foliowmg the federal gwdehnes, which requires that anv eligible displacees be provided relocation services. "There is currentl~~ na personal property located on the property and WHEREAS. The T has the power of emmem domain. granted by T'ransportaUi7n Code. § 452A58 and 452 059• and WHEREAS real estate consultants have attempted to goad Ia~th to negotiate this transaction to order to purchase the property in heu oi' condemnation, reducing. the time and expense that would be required for an eminent domain proceeding, however negotiations have reached an impastie• and WHEREAS, an offer based. an the appraisal uf~ tair market value was made for the property located described. in E:xh~b~t A 1•ort Worth, `l'cxas, plus closing costs and rcloca~,7 assistance and, de:Sprte numerous meetings and conversatwns with the ~ Resolution No. 3902-07 2010 A Resolution landowner and the landowner's representatives, an agreement regarding the purchase price could not be reached, and WHEREAS, Chapter 452 of the 't'ransportation Code provides that The "T may acquire property for the efficient operation and maintenance of a public transportation system, and WHEREAS, "the 7'`s General Counsel has reviewed this action item and has found that it is in compliance with alt Federal and State requirements; and WHEREAS, funding for this purchase is included in the fiscal year 2010 capital budget and will be funded locally NOW THEREFORE, BE [T RESOLVED by the Board of Directors of the Fort Worth "Transportation that: 1 This parcel is declared as a public necessity fvr a transit project; 2. The President/Executive Director yr his authorized representative is hereb~- authorized to a. Begin condemnation proceedings for the acquisition of the 2,218 squam foot parcel necessary the Southwest tv Northeast Corndor in accordance wrth the terms described above; b. Deposit a sum of money awarded by the Commissioners Court with the registry of the appropriate court as dust compensation for the property- and c. Sign all documents and perform all other acts necessary fvr the acquisition of these parcels. ADOPTED by the Fort Worth "Transportation Authority Bvard of D~rectvrs on this, the 19`x' of May 2010 Robert .A. Parmelee Chair G• - Hav ner Secretar}~ Resolution No. 3902-07-2010 BOUNllARY5URVEY 0.051 ACRE TRACT OF LAND S.G. JENNFNGS SURL'E1' ABSTRACT No. 844 CITY OF FORT WORTH, TARRANT COUNTY TEXAS F:XNIBIT A DESCKIP'T10N OF PROPERTY E3eing a O.OS I acre tract of land srtuated in the S G. Jennings Survey Abstract ?30 844 City of Fort Worth, 'Tarrant County Texas, said O.OS l acre traG of land being out of a 146 acre tract of land (by deed} deeded to Cleopatra Investments, Ltd. as recorded in County Clerk s File No. T)20832t]EiS3 of the Deed Records of Tarrant County, Texas, said 0.05 ] acre tract of land being more particularly described by metes and baunds as follows• BEGINNING at a 1!2 inch iron tad with cap stamped Area Surveying found far the southeast comer of said 1 46 acre tract of tend, said f /2 inch iron rod with cap stamped Area Surveying" also being in the west line of a tract of land deeded to Port Worth 7`ransportatian Authority as recorded m Volume 13271 Page 29 of said Deed Records of Tarrant County 'T'exas, from which a S!$ inch iron red with aluminum cap stamped `TRE ROW" found for the southwest corner of said Fort Worth Transportation Authority tract of land bears South 02 degrees l2 minutes 08 seconds West; THENCE North $7 degrees 40 minutes 22 seconds West, with the with the south line of said 146 acre tract of land, a distance of 479 49 feet to a 5/8 inch tron rod with cap stamped `GORRONDONA sot far corner, fmm which a I!2 rnch iron rcxl with cap stamped Area Surveying" found for a comer in the south tine of said 1 46 acre tract of land bears North 87 degrees 40 minutes 22 seconds West, a distance of 106 13 feet, said Sf$ inch iron rvd with cap stamped `GORRONDUNA also being the beginning of anon-tangent curve to the right, havtttl; a radius of 2$82.33 fees, a ccniral angle of O2 degrees l7 minutes 03 seconds and whose. chord bears South $$ degrees 33 minutes 29 seconds East, a distance of 64.6(} feet, THENCE with said non-tangent curve to the right an arc Length of 64.60 feat to a S'8 inch rron red with cap stamped `GURRUNDC)Iv1A set for carner- 7'IiENCE South $7 degrees 54 minutes 57 secands Fast, a distance of 24?.23 feet to a S!8 inch iron rod wrth crap stamped `C.'~C)RRUN[JUNA set far corner "T'HENC'E North $6 de~ees 21 minutes 37 seu>nds first, a distance of i67 $6 feet to a Sfi'; inch iron rod wrth cap stamped 'GURRON[X)NA set for carnet in the east line of sa)d 146 acre tract ot` land and bung in the west tine of said Fort Worth "T'rarLSpartahon Authonty tract of land, from which a 5/8 usch Iran rod with alumrnum cap stamped 'IRF.. ROW" faund far the northwest corner of said Fart Worth Transportation Authonty tract of land bears North Ol degr'ees 24 minutes O7 secvads Fast, a distarx;e of 1 t.&3 feet, Page 1 of 2 ~cikkf.NilXNVA & AStitH'!A)95. (KC 07t7? nkF~rrW<1c)D 5t'A)R RP SUnL• Stt FUtt't WE)4t't'}t. T):XAti ibi l: Ai 1-79triS28 FAX Bt -J'M•17hA Resolution No. 3902-07-2010 said Sl$ inch iron rod with aluminum cap stamped `TRE ROW" also being the southwest cornet of a tract of land deeded to the United States Postal Service as recorded in Volume 10344, Page 2346 of said Deed Records of Tarrant County Texas; TAENCE South O1 degrees 24 minutes 07 seconds West, with the east line of said 146 acre tract of land and wrth the west line of sand Fan Worth. Transportation Authority trace of land, a distance of 19.50 feet to the POINT OF BEGINNING and +containing 2,218 square feet or 0.051 acres of land, more or less. NOTES. 1) A title commitment was not available at the time this survey was preparcci. 2) All areas and distances shown hereon are surface. 3) Bearings based on FWTA southwest to northeast commuter rail prnject control and betng NA.D83, Texas North Central Zone (4202) Company Name: Gorrondona & Associates, lnc. .1 By. Sun~eyor's Name: Curtis Smith Registered Professional Land Surveyor Texas No. 5494 Uate: June I S 2009 Page 2 oC 2 (i!)RR()NIX)tiA 6: ASStXlAlF_S, !ML' 6707 BRF'k'rW(xiD ST:AlR RI3 SEJITF W FUt21 WQR7H. IExAS ?6tl2 &17-49c t424 FAr 6t7-4WD-1768 Resolution No 3902-07-2010 EXHIBIT "B" LANCASTER AVENUE.. :-. (A VARIABLE WIDTH RIGHT--OF-WAY) ~' ~, .~._ ___ __.. _ ~Z DETAIL A C~ 17 IL~A~ ~ m ~ I 7.DOf~ st~EC/BOORRDNDONA ry1(AS & NY,SFApD pA~ 67 ~ o ~ I r COIt~pASgg-~ C•r " _ ~ 7,70LU~E p.g•T ~, ~''-~'--~-~--•- o ~ i Lor x cor s Rv E~ ~ Z m CLEOPATRA It4VESTMENTS, LTD `~,NGS ~ gq4 a VOLUME 74008. PAGE sal ,EN No ~ ~ D.R.T.C.T rj AaS.~Rp.C~t v m I~_ _.. 1 •'~ ~~ ~~ FN0 5/8"ALUMCAP uNtTEO srATEs CLEOPATRA MVESTMENT5. LTD. STAMPED 'TRE ROW' POSTAL SERVICE ~.`.Ci.~ NO. D2Q8320853 L_6 VOLUME 70344, PAGE 2346 sE; s/6°la WjcAP STAMPED "C~RONDONA'~ D.R.T.C.T SET 5/e'TR W/CAP SET 5/81R W/CAP D.R.T.C.T SEE. DtTi1IL A STAMPED 'GORRONDONA` STAMPED "GORRONDONA" L_y C-~ .. L~4}~ I`~5 ._ .. h .. FORT W~tTH r I TRAk$PORTATIOk AUTHORITY SET S/8'~ W/CAP (-'~2 ~ -•~ VOLUME 73471 PACE 29 STd,NPED •~~~~ REMNNDER OF p D•B• O.R.T.C.T FND t/2"CiR tE%/lS AND PACIFIC RAILWAY FND t/2"GR STAMPED AREA SURVEYING' VOLUME A, PAGE 316 STAb1PED 'AREA SURVEYING" fN0 5/8"ALUMCAP ~-°---._.._,__ ~ D.R.T.C.Y 0•~1 M,R6 OR L„ i STAMPED `tRE ROW ~`-"- - ~MMG R~ Dry 2,2 t 8 SQUARE FEET uNE TALE '~ °~ ~? 11VT~~STATE H- W Y ' ,~ " _ .--~ (A 1!ARIAgLE W101H `30 -~~ - ~.;3.+ _ RIGNT--OF~WAY) i`_' _ .t t L i S O t. 4 -T Y" _ i CURVE TABLE CURVE RADIUS .. A- ARC ~t ot•t O3 B6' ,60 100 50 0 100 NoTE:73E/tl4 eAS~o ON FrvrA sarr~I+;77rEST Tn PIORtfI£J15t cc~7wuTER ~~~ ~~ RAdi. PRO.fECY CONTROL AND t~fi NAD-63: TEJ(AS NORTH CENfkAt. ~...,,._ zoNE (4~z). SCALE... IN FEET ` C~ C"IA" ~ / ~~ ~~ ~~ ~ . ' EXHlBtT SHOWING A ~ ' 0 051 ACRE TRACT OE LAND ottF oF' Tl~ .~# S G JENNINGS SURVEY ABSTRACT No 844 DEEDED TO -_._ _ .._ CLEOPATRA INVESTMENTS, LTO _ __- AS QED IN C.C.F No: 0208320653 7 ~r~ ~ ~ ~ DEED RECORDS OF TARRANT COUNTY TEXAS - ,~ ,r ,:r^~ °~ ACT AREA: 2 218 SQUARE FEET OR OA51 ACRES '`~~ ~ r t No. 0905-3645 BY: JH CADD FILE. 3645 Ezhibit.OWC E: JULY i 5. ' ~'<. PAGE 1 O£ t SCALE I".e i00' CORRONDONA Ac ASSOCfATES. INC. 6707 BRENTtNO00 STAfR ROAD, SUTTE 5tl FORT WORTH. T1(. 76172 ........E ' -496-1424 ~ ~~~~~ -:M,r _ __._ ~ _ __ FAX 1377-496-.768