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HomeMy WebLinkAboutResolution 4819-08-2017 A Resolution NO. 4819-08-2017 APPROVING RESOLUTIONS ADOPTED BY THE FORT WORTH TRANSPORTATION AUTHORITY'S EXECUTIVE COMMITTEE, AND EACH PROPOSED ACQUISITION DESCRIBED THEREIN, TO ACQUIRE BY EMINENT DOMAIN, IF NECESSARY, CERTAIN PARCELS OF LAND LOCATED WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF FORT WORTH, CONSISTING OF A TOTAL OF APPROXIMATELY 2.794 ACRES, FOR THE CONSTRUCTION, EXTENSION, IMPROVEMENT, OR DEVELOPMENT OF TEX RAIL WHEREAS, the Fort Worth Transportation Authority ("The T") is governed by a Board of Directors, which serves as The T's governing body and constitutes its Executive Committee under Chapter 452 of the Texas Transportation Code; WHEREAS, on January 23, 2017, the Executive Committee of The T adopted a Resolution, a full and complete copy of which is attached hereto as Exhibit "A," ("Resolution") declaring that acquisition of certain identified parcels of land located within the territorial limits of the City of Fort Worth, consisting of a total of approximately 1.925 acres, is a public necessity and necessary and proper for the construction, extension, improvement, or development of TEX Rail, a public transportation system, with such parcels identified and described in the exhibit to the Resolution. The Resolution authorized the President/CEO of The T or his authorized representative to undertake certain activities to acquire the identified parcels by negotiated sale or by eminent domain, if necessary; WHEREAS, on April 24, 2017, the Executive Committee of The T adopted a Resolution, a full and complete copy of which is attached hereto as Exhibit "B," ("Resolution") declaring that acquisition of certain identified parcels of land located within the territorial limits of the City of Fort Worth, consisting of a total of approximately 0.869 acres, is a public necessity and necessary and proper for the construction, extension, improvement, or development of TEX Flail, a public transportation system, with such parcels identified and described in the exhibit to the Resolution. The Resolution authorized the President/CEO of The T or his authorized representative to undertake certain activities to acquire the identified parcels by negotiated sale or by eminent domain, if necessary; WHEREAS, Texas Transportation Code Sections 452.058 and 452.059 require The T obtain the City Council's approval before The T can acquire by eminent domain any interest in real property located in the City of Fort Worth; ORT WORT Resolution No. 4819-08-2017 WHEREAS, The T has requested that the City Council approve the Resolutions to acquire by eminent domain, if necessary, the parcels identified in the exhibits attached to the Resolutions; and WHEREAS, the City Council does not object to The T's acquisition by eminent domain, if necessary, of the identified parcels for the TEX Rail project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: The City Council of the City of Fort Worth approves the attached Resolutions adopted by the Executive Committee of The T to acquire by eminent domain, if necessary, each parcel described in the exhibits to the attached Resolutions, and the City Council approves each proposed acquisition described therein. Adopted this 1St day of August, 2017. ATTEST: WD V•: Mary J. Kayse , ity Secretary *` . TE7�5 ORT WORT Exhibit A A Resolution RESOLUTION OF THE BOARD OF DIRECTORS i OF THE FORT WORTH TRANSPORTATION AUTHORITY REGARDING PUBLIC NECESSITY,ACQUISITION AND CONDEMNATION OF PROPERTY FOR TEX RAIL PROJECT (82017-04) WHEREAS, the Fort Worth Transportation Authority ('FWTA') is a regional transportation authority which,under Chapter 452 of the Texas Transportation Code(the"Code),may acquire,construct, develop,plan,own,operate,and maintain a public transportation system;and WHEREAS,TEX Rail, a 27 mile commuter-rail project FWTA will operate between Fort Worth, Texas, and Dallas Tort Worth International Airport,is a public transportation system; and i WHEREAS, FWTA's acquisition of the real property described on Exhibit "A" attached to and j made a part of this resolution (collectively, the "TEX Rail Parcels") is necessary and proper for the construction,extension,improvement,or development of TEX Rail; and WHEREAS, federal and local funds are included in FWTA's FY2016 and FY2017 capital budget to pay for the acquisition of the TEX Rail Parcels; and 1 WHEREAS,under Chapter 452 of the Code,FWTA has the power to acquire by eminent domain any interest in real property for the construction, extension, improvement, or development of a public transportation system,such as TEX Rail; and WHEREAS,FWTA's Attorney has reviewed this resolution and has found that it is in compliance with all federal and state requirements; and WHEREAS,FWTA's Board of Directors is FWTA's governing body and constitutes its Executive Committee under Chapter 452 of the Code; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Fort Worth Transportation Authority that: Acquisition of the parcels of real property comprising the TEX Rail Parcels described on Exhibit "A' is a public necessity, in the public interest, and necessary and proper for the construction, extension, improvement,or development of TEX Rail, a public transportation system; The President/CEO of FWTA or his authorized representative shall request that the City Council for the City of Fort Worth approve this resolution and FWTA's proposed acquisition of the TEX Rail Parcels; Extensive negotiation has already occurred with the property owner and further negotiation to obtain the property interests needed appears to be futile; i Upon approval by the City Council of the City of Fort Worth of the matters discussed in the preceding A Resolution Procure, if needed, from a qualified real estate appraiser an appraisal of each of the TEX Rail Parcels to be acquired, Acquire all rights in the TEX Rail Parcels necessary and proper for the construction, extension, improvement,or development of TEX Rail; If necessary, commence the filing of condemnation proceedings for the acquisition of fee simple title (including use of air and subsurface space)to all or any portion of any TEX Rail Parcel listed on Exhibit"A"; Deposit a sum of money awarded by the Court-appointed Special Commissioners with the registry of the appropriate court as directed by Chapter 21 of the Texas Property Code; and Execute all documents and perform all other acts necessary for the acquisition of the TEX Rail Parcels. If it is necessary to acquire a TEX Rail Parcel by condemnation, the Board finds that FWTA's condemnation of any TEX Rail Parcel will not(a)unduly impair the existing neighborhood character of property surrounding,or adjacent to,any property to be condemned,(b)unduly interfere with interstate commerce,or(c) authorize FWTA to run a vehicle of FWTA on a railroad track that is used to transport property. All prior actions and efforts to acquire the necessary property rights to all or any portion of the property listed on Exhibit"A",which have thus far been unsuccessful,are hereby ratified. Notwithstanding anything to the contrary in this resolution, FWTA shall not acquire by condemnation an interest in real property for use as a station or terminal complex if such real property is located more than 1,500 feet from the center point of the station or terminal complex,as designated by the Board of Directors,but the limitation in this paragraph shall not impair any authority granted by this resolution with respect to any other property. ADOPTED by the Fort Worth Transportation Authority Board of Directors on this,the 23"d day of January,A.D.2017, 1 tt ey Jon Michael Franks hair Secretary i THE STATE OF TEXAS § COUNTY OF TARRANT § FORT WORTH TRANSPORTATION AUTHORITY § I, the undersigned, Secretary of the Board of Directors for the Fort Worth Transportation Authority(the"Authority"),hereby certify that the above and foregoing is a true,full and correct J copy of the duly presented and adopted by the Board of Directors,at a regular session held on the 23"d day of January,A.D.2017,as same appears of record in the official Authority files. WITNESS my hand and seal of said Authority this 23'day of January,A.D. 2017. � on chael Fran Secretary,Board of Directors Fort Worth Transportation Authority AUTHORITY SEAL EXHIBIT A TO AGENDA ITEM BA2017-40 All of the following-described TEX Rail Parcels are located in the City of Fort Worth, Tarrant County,Texas. References to property additions or subdivisions are additions or subdivisions of the City of Fort Worth,Texas. A fee acquisition of Parcel X0696, owned by Mercantile Partners, L.P., containing approximately 1.925 acres and located in Lot 1,Block 9, Mercantile Center Addition, and also being a part of a 346.549 acre tract conveyed to Mercantile Partners,L.P.by Instrument No.D205377148 recorded in the Deed Records of Tarrant County,Texas. Exhibit B A Resolution RESOLUTION OF THE BOARD OF DIRECTORS OF THE FORT WORTH TRANSPORTATION AUTHORITY REGARDING PUBLIC NECESSITY,ACQUISITION AND CONDEMNATION OF PROPERTY FOR TEXRAIL PROJECT (R2017-09) WHEREAS, the Fort Worth Transportation Authority ("FWTA") is a regional transportation authority which, under Chapter 452 of the Texas Transportation Code(the"Code"),may acquire,construct, i; develop,plan, own, operate, and maintain a public transportation system; and WHEREAS, TEXRail, a 27-mile commuter-rail project FWTA will operate between Fort Worth, I Texas, and Dallas/Fort Worth International Airport, is a public transportation system; and i WHEREAS, FWTA's acquisition of the real property described on Exhibit "A" attached to and i made a part of this resolution (collectively, the "TEXRail Parcels") is necessary and proper for the construction, extension, improvement,or development of TEXRail; and j WHEREAS,federal and local funds are included in FWTA's FY2016 and FY2017 capital budget to pay for the acquisition of the TEXRail Parcels; and WHEREAS, under Chapter 452 of the Code, FWTA has the power to acquire by eminent domain any interest in real property for the construction, extension, improvement, or development of a public transportation system, such as TEXRail; and WHEREAS, FWTA's Attorney has reviewed this resolution and has found that it is in compliance with all federal and state requirements; and WHEREAS, FWTA's Board of Directors is FWTA's governing body and constitutes its Executive Committee under Chapter 452 of the Code; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Fort Worth Transportation Authority that: Acquisition of the parcels of real property comprising the TEXRail Parcels described on Exhibit"A" is a public necessity, in the public interest, and necessary and proper for the construction, extension, improvement,or development of TEXRail, a public transportation system; The President/CEO of FWTA or his authorized representative shall request that the City Council for the City of Fort Worth approve this resolution and FWTA's proposed acquisition of the TEXRail Parcels; Upon approval by the City Council of the City of Fort Worth of the matters discussed in the preceding paragraph,the President/CEO or his authorized representative is hereby authorized and directed to: f i A Resolution The President/CEO of FWTA or his authorized representative shall request that the City Council for the City of Fort Worth approve this resolution and FWTA's proposed acquisition of the TEXRail Parcels; Upon approval by the City Council of the City of Fort Worth of the matters discussed in the preceding paragraph, the President/CEO or his authorized representative is hereby authorized and directed to: i Procure, if needed, from a qualified real estate appraiser an appraisal of each of the TEXRail Parcels to be acquired; Make an offer to the owner or owners of each of the TEXRail Parcels to procure all rights necessary and proper for the construction, extension, improvement, or development of TEXRail and otherwise negotiate i for the acquisition of those rights; Acquire all rights in the TEXRail Parcels necessary and proper for the construction, extension, improvement,or development of TEXRail; i If necessary, commence the filing of condemnation proceedings for the acquisition of fee simple title (including use of air and subsurface space) to all or any portion of any TEX Rail Parcel listed on Exhibit «A,,. Deposit a sum of money awarded by the Court-appointed Special Commissioners with the registry of 1 the appropriate court as directed by Chapter 21 of the Texas Property Code; and Execute all documents and perform all other acts necessary for the acquisition of the TEXRail Parcels. , I If it is necessary to acquire a TEXRail Parcel by condemnation, the Board finds that FWTA's condemnation of any TEXRail Parcel will not(a)unduly impair the existing neighborhood character of property surrounding,or adjacent to,any property to be condemned,(b)unduly interfere with interstate commerce,or(c) I authorize FWTA to run a vehicle of FWTA on a railroad track that is used to transport property. i Notwithstanding anything to the contrary in this resolution, FWTA shall not acquire by condemnation an interest in real property for use as a station or terminal complex if such real property is located more than 1,500 feet from the center point of the station or terminal complex,as designated by the Board of Directors,but the limitation in this paragraph shall not impair any authority granted by this resolution with respect to any other property. ADOPTED by the Fort Worth Transportation Authority Board of Directors on this,the 24th day of April,A.D.2017. rthe ScottV affey Jon Michael F nks Chair Secretary i THE STATE OF TEXAS § COUNTY OF TARRANT § FORT WORTH TRANSPORTATION AUTHORITY § I, the undersigned, Secretary of the Board of Directors for the Fort Worth Transportation j i Authority(the"Authority"),hereby certify that the above and foregoing is a true,full and correct copy of the duly presented and adopted by the Board of Directors, at a regular session held on the 24th day of April,A.D.2017,as same appears of record in the official Authority files. I i WITNESS my hand and seal of said Authority this 24th of April,A.D. 2017. j i ,444 Michael Franks i ecretary,Board of Directors Fort Worth Transportation Authority I AUTHORITY SEAL I i it I i i r i i i a t f{F 7 3 3 i t i EXHIBIT A TO AGENDA ITEM BA2017-66 Declaration of Public Necessity and Condemnation of Real Property for TEXRail and Resolution(X0444,X0463,X0555, X0696Q All of the following-described TEXRall Parcels are located in the City of Fort Worth, Tarrant County, Texas. References to property additions or subdivisions are additions or subdivisions of the City of Fort Worth, Texas. Parcel X0444, a fee taking of property known as 600 and 601 East 7th Street, owned by the Ben E. Keith Company, containing approximately 12,000 square feet and located in Lot 1, Block 1, Rebecca Griggs Survey,Abstract No. 116, and being a portion of the same property conveyed in Volume 7771, Page 1257 recorded in the Deed Records of Tarrant County, Texas. Parcel X0463,a fee taking of a reversionary interest of property adjacent to 305 Live Oak Street, owned by Purina Mills, Inc., now known as Purina Mills, LLC, a Delaware limited liability company, containing approximately 16,875 square feet adjacent to Lots 5 and 6 Block 2, of the Cunningham and Woodalls Addition to the city of Fort Worth, said property being a portion of the same property conveyed in Volume 8898, Page 1779 and further being the reversionary interest to Live Oak Street, once abandoned by the city of Fort Worth, Texas. The acquisition includes any access rights to Live Oak Street from Lots 5 and 6, Block 2, of the Cunningham and Woodalls Addition to the city of Fort Worth. Parcel X0555 known as 3801 North Sylvania Avenue, owned by Foxworth-Galbraith Lumber Company,a Delaware corporation,containing approximately 251 square feet and located in Lot 4R, Block 2, Long Industrial Addition, and being a portion of the same property conveyed in Volume 15602, Page 318, recorded in the Real Property Records of Tarrant County, Texas. Included in this acquisition is any access this property had to an adjoining rail spur. Parcel X0696C, a storm drain easement over property known as 4201 North Beach Street, owned by 4201 N Beach Street, LLC, containing approximately 505 square feet and located in Lot 1, Block 9, Mercantile Center Addition, and also being a part of a 15.422 acre tract conveyed to 4201 N Beach Street, LLC by Instrument No. D216298268 recorded in the Deed Records of Tarrant County, Texas. Parcel X0696C, a temporary construction easement over property known as 4201 North Beach Street, owned by 4201 N Beach Street, LLC, containing approximately 2,218 square feet and located in Lot 1, Block 9, Mercantile Center Addition, and also being a part of a 15.422 acre tract conveyed to 4201 N Beach Street, LLC by Instrument No. D216298268 recorded in the Deed Records of Tarrant County, Texas. CITY OF FORT WORTH RESOLUTION TO APPROVE RESOLUTIONS ADOPTED BY THE FORT WORTH TRANSPORTATION AUTHORITY'S EXECUTIVE COMMITTEE TO ACQUIRE LAND LOCATED WITHIN THE CITY OF FORT WORTH FOR THE TEXRAIL PROJECT Nt Lx + L 12 4 - Car►y Moon - arl Floras '1r 361KLd LLj t - • � J - x ,E 35TH .. � t t Feet FORT LDR T�f 1 p R l 7' laws.T rls product is for informational purposes wvJ may not have been prepared for or 0 212.5 425 850 V be suitable for legal,engineering,or surveying purposes.It does not represent an on-the- ground survey and represents only the appropmate relative location of property boundaries.The City of Fort Worth assumes no responsibility for the accuracy of said data. CITY OF FORT WORTH RESOLUTION TO APPROVE RESOLUTIONS ADOPTED BY THE FORT WORTH TRANSPORTATION AUTHORITY'S EXECUTIVE COMMITTEE TO ACQUIRE LAND LOCATED WITHIN THE CITY OF FORT WORTH FOR THE TEXRAIL PROJECT y LUI s 2r r► Marl n I , fly e•'�Y ��r ..* ,E �y F Feet FORT1' yy}j [dam laws. 'h product s fa informational purposes ^n"may not have been prepared for or 0 212.5 425 850 1 O R l *l�l �l be suitable for legal,engineering,or surveying purposes.It does not represent an on-the- ground survey and represents only the appro>dmate relative location of property boundaries.The City of Fort North assumes no responsibility for the accuracy of said data. CITY OF FORT WORTH RESOLUTION TO APPROVE RESOLUTIONS ADOPTED BY THE FORT WORTH TRANSPORTATION AUTHORITY'S EXECUTIVE COMMITTEE TO ACQUIRE LAND LOCATED WITHIN THE CITY OF FORT WORTH FOR THE TEXRAIL PROJECT f = r Y � r a - Kell Ale dray f + x ♦ r. 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CITY OF FORT WORTH RESOLUTION TO APPROVE RESOLUTIONS ADOPTED BY THE FORT WORTH TRANSPORTATION AUTHORITY'S EXECUTIVE COMMITTEE TO ACQUIRE LAND LOCATED WITHIN THE CITY OF FORT WORTH FOR THE TEXRAIL PROJECT M F 'yyy 71 Lo !Y M Q'1�F2 2'80 1H 55W B 'F aSPLi $� IB - - - Irll�rAllr1 ;r lnri d } CR N � rt Feet f 1 LAR" l�Y[j j[] laws.This roduct is for informational purposes 0 125 250 500 �J 1�,1 �lll1+ L 1 p p poses arta may not have been prepared for or a! be suitable for legal,engineering,or surveying purposes.It does not represent an on-the- ground survey and represents only the approbmate relative location of property boundaries.The City of Fort Worth assumes no responsibility for the accuracy of said data.