Loading...
HomeMy WebLinkAboutResolution 4849-09-2017 A Resolution NO. 4849-09-2017 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 September 19,2017, in M&C L-16081, ordered and decreed that a public necessity existed for the acquisition of a fee simple interest in 0.789 acres of land for right-of-way, and 0.937 acres for a temporary construction easement from a tract located at 200 E. Bonds Ranch 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 Bonds Ranch Road Corridor Improvement Project from US 287/81 to FM 156/Blue Mound Road (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 is 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 19th day of September, 2017, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember 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 fee simple interest for right-of-way in 0.789 acres of land and a temporary construction easement in 0.937 acres of land from property owned by HEB Grocery Company, LP. The property is needed for the Bonds Ranch Road Corridor Improvement Project from US 287/81 to FM 156/Blue Mound Road and is located in Abstract No. 1348, W. Redfield Survey, City of Fort Worth, Tarrant County, Texas, also known as 200 E. Bonds Ranch Road. The property is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication. ORT WO Seconded by Councilmember Flores,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 191h day of September, 2017. ATTEST: „sof FORTS � U ;O By: Mary.J ase , Cit S y X:' S ORT WORT -- - - MAYOR AND COUNCIL COMMUNICATION MAP 21 PMD 100273-01 -CONDEMN 200 E. BONDS RANCH ROAD �c r J i � e M + FEE SIMPLE/ROW 0.789 ACRES NI:IS RANCH ��`'- 7 .den � ply TCE/0.937 ACRES t a I �J �3 I Cn- Earrarrn rnr: FORT WORTH. Copyright 2017 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is Acquisition 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. El FTCE] BONDS RANCH ROAD CORRIDOR IMPROVEMENTS PARCEL No. 1 CITY PROJECT No. 100273 200 E.BONDS RANCH RD W. REDFIELD SURVEY,ABSTRACT No. 1348 EXHIBIT"A" Being a 0.789 acre tract of land situated in the W. Redfield Survey, Abstract No. 1348, City of Fort Worth,Tarrant County,Texas,said 0.789 acre tract of land being a portion of an 18.278 acre tract of land(by deed) deeded to HEB Grocery Company, LP as recorded in County Clerk's File No.D215273645 of the Deed Records of Tarrant County,Texas,said 0.789 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped"A.N.A."found for the northeast corner of said 18.278 acre of land, said 5/8 inch iron rod with cap stamped "A.N.A." being the northwest corner of a 5.100 acre tract of land(by deed)deeded to Kevin Jones,James G.Duvall and Michele Duvall as recorded in County Clerk's File No. D204307457 of said Deed Records of Tarrant County,Texas, said 5/8 inch iron rod with cap stamped"A.N.A."also being in the existing south right-of-way line of E. Bonds Ranch Road(a variable width right-of-way); THENCE South 00 degrees 06 minutes 00 seconds East, with the east line of said 18.278 acre tract of land and with the west fine of said 5.100 acre tract of land, a distance of 13.09 feet to a right-of-way marker set for corner in the proposed south right-of-way line of said E.Bonds Ranch Road; THENCE South 89 degrees 45 minutes 00 seconds West, with the proposed south right-of-way line of said E. Bonds Ranch Road, a distance of 269.46 feet to a right-of-way marker set for corner; THENCE South 81 degrees 26 minutes 32 seconds West, with the proposed south right-of-way line of said E. Bonds Ranch Road, a distance of 114.45 feet to a right-of-way marker set for corner; THENCE South 74 degrees 37 minutes 25 seconds West, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 11.39 feet to a right-of-way,marker set for cornet; THENCE South 63 degrees 42 minutes 55 seconds West,with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 88.55 feet to a right-of-way marker set for corner; THENCE South 89 degrees 45 minutes 00 seconds West, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 68.82 feet to a right-of-way marker set for corner; Exhibit A Page 1 of 3 THENCE North 53 degrees 15 minutes 48 seconds West, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 97.03 feet to a right-of-way marker set for corner; THENCE South 89 degrees 45 minutes 00 seconds West, with the proposed south right-of-way line of said E. Bonds Ranch Road, a distance of 393.93 feet to a right-of-way marker set for corner; THENCE South 80 degrees 29 minutes 03 seconds West, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 97.92 feet to a right-of-way marker set for corner; THENCE South 56 degrees 29 minutes 14 seconds West, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 23.47 feet to a right-of-way marker set for corner; THENCE South 30 degrees 43 minutes 11 seconds West, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 23.93 feet to a right-of-way marker set for corner; THENCE South 04 degrees 20 minutes 59 seconds West, with the proposed south right-of-way line of said E. Bonds Ranch Road,a distance of 62.25 feet to a right-of-way marker set for the intersection of the proposed south right-of-way line of said E. Bonds Ranch Road with the existing northeast right-of-way line of U.S. Highway 287 (a variable width right-of-way),said right-of-way marker also being in the southwest line of said 18.278 acre tract of land; THENCE North 42 degrees 22 minutes 40 seconds West,with the southwest line of said 18.278 acre tract of land and with the existing northeast right-of-way line of said U.S.Highway 287, a distance of 139.45 feet to a Type II monument found for the most westerly northwest corner of said 18.278 acre tract of land; THENCE North 23 degrees 21 minutes 42 seconds East, with the west line of said 18.278 acre tract of land and with-the existing northeast right-of-way line of said U.S. Highway 287, a distance of 22.93 feet to a point for the most easterly northwest corner of said 18.278 acre tract of land, said point being the intersection of the existing south right- of-way line of said E.Bonds Ranch Road with the existing northeast right-of-way line of said U.S. Highway 287, from which a 5/8 inch iron rod with cap (illegible) found for reference bears South 30 degrees 11 minutes 38 seconds West, a distance of 0.22 feet; THENCE North 89 degrees 45 minutes 20 seconds East, with the north line of said 18.278 acre tract of land and with the existing south right-of-way line of said E.Bonds Ranch Road, a distance of 1231.49 feet to the POINT OF BEGINNING and containing 34,380 square feet or 0.789 acres of land,more or less. Exhibit A Page 2 of 3 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) ROW markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped"GORRONDONA"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: December 14,2016 Curtis Smith Registered Professional Land Surveyor ,OF, No. 5494 A, �G%�f if +9� Texas Firm No. 10106900 CURTIS SMITH 9/IL �°fSS�0��O IO •.,.,MM.. G SURD V Exhibit A Page 3 of 3 EXHIBIT "B " PARCEL No. 1 ACQUISITION LOCATION H. ROBERTSON SURVEYLINE I 8biffilE,.Nl5RINlGBL IDISTANCEj t I ABSTRACT No. 1259 L-1 IS 00'060o E 13.09 L-2 IS 81'26 33 114.45 j SUBJECT TRACT & LOCATION OF ACQUISITION TRACT 1 45.623 ACRES (BY DEED) LRM_ T11 PARt16:FtS, L P. C.C.F. No. No. D213068C>52 DRT.C.T. W P.0. Z FND 5/8-IR W/CAP E. BONDS RANCH ROAD EXISTING STAMPED 'A.N.A' RIGHT—OF—WAY (A VARIABLE WIDTH RIGHT-OF-WAY) --� N 89'45'20"E 1231.49' — — ....�..."...... ,.,...,."....,.,..... — — ........................ ........ U ::;.�--;Z SM�ARIRCER 59'4500 269.46 SIKER L-1 PROPOSED �" RIGHT—OF—WAY RIGHT-OF-WAY �` ACQUISmoN AREA 34.380 SQ. FT. OR 5.100 ACRES BY DEED 0.807 ACRES (8Y DEED) 0.789 ACRES XON '10 ( DEBORAH o meows AND MKNEIE AM. VOLUAIE 15530. PAGE 156 C.C.F. No' o li CD204X7457 I DJLT.C.T. I 18.278 ACRES (BY DEED) HEB GROCERY COMPANY, LP C.C.F. No. No. D215273645 O.R.T.C.T. W. REDFIELD SURVEY ABSTRACT No. 1348 I NOTES: 1. A LEGAL. DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED 'GORRONDONA' UNLESS OTHERWISE NOTED. 100 50 0 100 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 FaRTWORTH City of Fort rt Worth t i 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 76102 I B ON.D S RANCIH ROAD � OF rF CORRIDOR IMPROVEMENTS ,`P: � s rF;�•.,:-� PARCEL NO. 1 CITY PROJ. NO. 100273 �:` F��,9tn RIGHT-OF-WAY ACQUISITION -� - CU TIS SMIT OWNER: HEB GROCERY COMPANY LP """"`" " """""""'"•"""' SURVEY: W. REDFIELD SURVEY ABSTRACT NO. 1348 <' ,po�5494 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS RIGHT-OF-WAY ACQUISITION AREA: 34,380 SQUARE FEET OR 0.789 ACRES S , WHOLE PROPERTY ACREAGE_: 796,187 SQUARE FEET OR 18.278 ACRES BY DEED CURTIS SMITH JOB No. KHA_1608.00 IDRAWN BY: JPH CAD FILE: 01—ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: DECEMBER 14, 2018 1 EXHIBIT B PAGE 1 OF 3 SCALE: 1" — 100' NO. 5494 TEXAS FIRM No. 10106900 GORRONDQNA & ASSOCIATES. INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH. TX. 76118 • 817-498-1424 FAX 817-496-1768 I EXHIBIT "B " PARCEL No. 1 ACQUISITION LOCATION w 3 TRACT 1 G > ti 45,823 ACRES (BY DEED) L-2 S 81'26 32 W 114.45 o LRM-PTM PARTNERS, L.P, Q C.C,F. No. No. D213065552 L-3 S 74'37 25 11.39 D.R.T.C.T. L-4 S 63-42'55"W--8-­B—.5-5--T- SUBJECT 8.55SUBJECT TRACT do W L-5 I S 89'45 0O 68.82 LOCATION OF ACQUISITION �_ � L-6 IN 53'15 48 W 97.03 I = 3 I H. ROBERTSON SURVEY TRACT 17586 A (BY DEED) J ABSTRACT No. 1259 LRY-PTY PARTNERS. LP. C.C.F. No. No. D21308W52 M D R T.C.T. w E. BONDS RANCH ROAD w z (A VARIABLE WIDTH RIGHT-OF-WAY) z EXISTING RICHT-OF-WAY . • N 8945 20 E 1231.49 J TT ....... ........................................................ . ................ ......................... ......................................................................................... ..1.. U 1 S 89.45 00 I 1393.93 sET R.o.W.i MARKER U ..................................................................... I it 1 I �`': :.: PROPOSED Q RIGHT-OF-WAY C SET PARKER R.O.W.:::: SET R O.W. C 10'ELECTRIC EASEMENT L-S 3 M 3 VOLUME 3574, PAGE 202 I I 10-ELECTMC EASEMENT MARKER 69i I o 6 ROPOSD.R.T.C.T. VOLUME 3589. PAGE 517 RIGHT OF WAY x J Y 1 ; D.R.T.C.T. � 10'ELECTRIC EASEMENT RIGHT-OF-WAY VOLUME 6443, PAGE 247 ACQUISITION AREA \\ D.R.T.C.T. 34,380 SQ. FT. OR I I � 0.789 ACRES L.1 �� 18.278 ACRES (BY DEED) W. REDFIELD SURVEY HEB GROCERY COMPANY, LP ABSTRACT No. 1348 C.C.F. No. No. D215273645 D.R.T.C.T. NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/8" IRON ROD SET 00 50 0 00 WITH BLUE CAP STAMPED "GORRONDONA" 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 AM SURFACE. SCALE IN FEET FoRTWORTH City- of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 79102 B OND S RANCH ROAD OF r CORRIDOR IMPROVEMENTS � STeR F+� PARCEL NO. 1 T CifPROJ, N0. 100273 �! ..., RIGHT-OF-WAY ACQUISITION C RTIS SMIT OWNER: HEB GROCERY COMPANY LP """" SURVEY: W. REDFIELD SURVEY, ABSTRACT NO. 1348 :.po 5464 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS RIGHT-OF-WAY ACQUISITION AREA: 34,380 SQUARE FEET OR 0.789 ACRES S WHOLE PROPERTY ACREAGE: 796,187 SQUARE FEET OR 18.278 ACRES BY DEED CURTIS SMITH JOB No. KHA._1808.00 1 DRAWN BY: JPH CAD FILE: 01-ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: DECEMBER 14, 2018 1 EXHIBIT B PAGE 2 OF 3 1 SCALE: 1" - 100' NO. 5494 M No. 10 00900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH. TX. 76118 817-496-1424 FAX 817-496-1788 EXHIBIT "B " PARCEL No. f ACQUISITION LOCATION TABL H. ROBERTSON SURVEY I LINEBEARING DISTANCE ABSTRACT No. 1259 L-7 S 80.2903 W 97.92 L-8 S 56'29 14 W 23.47 L-9 S 30'43 11 23.93 SUBJECT TRACT & TRACT 2 L-10 S 04'20 59 62.25 17.586 ACRES (BY DEED) L-11 N 42'22 40 139.45 LOCATION OF ACQUISITION LRM—PTM PARTNERS, I-P. IL-12IN 23'21 42 E 22.93 C.C.F. No. No. 0213063552 DJLT.C.T. APPROXIMATE ti SURVEY LINE _ _ _ _ m I- E. BONDS RANCH ROAD w FRO 5/8-IR W/CAP (A VARIABLE WIDTH RIGHT-OF-WAY) Z V (ILIEG�LE) BEARS EXISTING y h l S 31r 11'381Y 0.22' RIGHT—OF—WAY J L N 89'45'20"E 1231.49' ................... Y x FN0 TYPE q ::::::.L. B :::::::i:'::r::: �'' `YJC. gI MONUMENT L-9 ....iii:.: �•J RIGHT—OF—WAY SETR 3 w Q ACQUISITION AREA �� :....::::::::: SET R.O.W.8 ' K3 I 34.380 SQ. FT. OR C) ' w yT� 0.789 ACRES ��: ���: O,� �? EXISTING :: J RIGHT—OF—WAY SET R.O.W. It '9J MARKER I 18.278 ACRES (13Y DEED) HEB GROCERY COMPANY, LP w I C.C.F. No. No. D215273645 a I D.R.T.C.T. \ W. REDFIELD SURVEY ABSTRACT No. 1348 NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8' IRON ROD SET 100 50 1 OO WITH BLUE CAP STAMPED "GORRONDONA" 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, TEAS 76102 B OND S RANCIH ROAD OF T CORRIDOR IMPROVEMENTSF�- PARCEL NO. 1 T CITY PROJ. NO. 100273 Q` __o'oy� RIGHT-OF-WAY ACQUISITION . 4TIS SMITH�� OWNER: HEB GROCERY COMPANY LP "'" " " SURVEY: W. REDFIELD SURVEY ABSTRACT NO. 1348 .% 5454 :Q LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS RIGHT-OF-WAY ACQUISITION AREA: 34,380 SQUARE FEET OR 0.789 ACRES S WHOLE PROPERTY ACREAGE: 796,187 SQUARE FEET OR 18.278 ACRES BY DEED CURTIS SMITH JOB No. KHA_1808.00DRAWN BY: JPH CAD FILE: 01—ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: DECEMBER 14, 2018 EXHIBIT B PAGE 3 OF 3 1 SCALE: 1" - 100' N0. 5494 TEXAS FIRM No. 10108900 GORRONDONA do ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 78118 817-498-1424 FAX 817-498-1768 t BONDS RANCH ROAD CORRIDOR IMPROVEMENTS PARCEL No. 1 TE CITY PROJECT No. 100273 200 E. BONDS RANCH ROAD W. REDFIELD SURVEY, ABSTRACT No. 1348 CITY OF FORT WORTH TEMPORARY CONSTRUCTION EASEMENT I� 1 DATE: DECEMBER 26, 2016 GRANTOR: HEB GROCERY COMPANY, LP GRANTOR'S MAILING ADDRESS (including County): 646 S. FLORES ST. SAN ANTONIO, BEXAR COUNTY, TX 78204 GRANTEE: CITY OF FORT WORTH GRANTEES MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. 1 PROPERTY: Being a temporary construction easement situated In the W. Redfield Survey, Abstract No. 1348, City of Fort Worth, Tarrant County, Texas, said temporary construction easement being a portion of an 18.278 acre tract of land (by deed) deeded to HEB Grocery Company, LP as recorded In County Clerk's File No. D216273646 of the j Deed Records of Tarrant County, Texas, said temporary construction easement being more particularly described in Exhlbits "A"and "B". Grantor, for the consideration paid to Grantor, hereby grant, bargain and convey unto Grantee, its successors and assigns, the use and passage in, over, and across, below and along the Easement Property situated in Tarrant County, Texas, in accordance with the legal description hereto attached as Exhibit "A", and ingress and egress over Grantor's property to the easement i as shown on Exhibit"B". It is further agreed and understood that Grantee will be permitted the use of said Easement Property for the purpose of ROAD IMPROVEMENTS. Upon completion of improvements and its acceptance by Grantee, all rights granted within the described Temporary Construction Easement shall cease. Temporary Construction Easement 06/15/2016 ORT WORT . I , I i J� . I TO HAVE AND TO HOLD the above described Easement Pro party, together with, all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, and i Grantee's successors and assigns until the completion of construction and acceptance by Grantee. Grantor hereby bind themselves, their heirs, successors, and assigns, to warrant and j defend, all and singular, said easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. I i z s i i I t 1 i 1 I I 1 f i t i Tarpaary C=W Wtim Eaum.�t 06/13!2016 GRANTOR: HEB Grocery Company, LP a Texas limited partnership (Name of person authorized to sign), Title GRANTEE: City of Fort Worth By(Signature): (Print Name)_ _ ,Title APPROVED AS TO FORM AND LEGALITY (Signature) (Print Name) ,Title i i ACKNOWLEDGEMENT j STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. i GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of I 20— I Notary Public in and for the State of Texas Temporary Construction Easement 06/15/2016 ! I ACKNOWLEDGEMENT j i STATE OF TEXAS § COUNTY OF TARRANT § i BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. ! GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20_ Notary Pubfic in and for the State of Texas i i i I I +1 1 1 i i i i I Twpomy cWWW im)�NOIOd 06!15/2016 k BONDS RANCH ROAD CORRIDOR IMPROVEMENTS PARCEL No. 1 TE CITY PROJECT No. 100273 200 E.BONDS RANCH RD W. REDFIELD SURVEY,ABSTRACT No. 1348 EXHIBIT"A" Being a temporary construction easement situated in the W. Redfield Survey, Abstract No. 1348, City of Fort Worth,Tarrant County, Texas,said temporary construction easement being a portion of an 18.278 acre tract of land (by deed) deeded to HEB Grocery Company, LP as recorded in County Clerk's File No. D215273645 of the Deed Records of Tarrant County, Texas, said temporary construction easement being more particularly described by metes and bounds as follows: BEGINNING at a right-of-way marker set for corner in the proposed south right-of-way line of E. Bonds Ranch Road(a variable width right-of-way), said right-of-way marker being in the east line of said 18.278 acre tract of land, said right-of-way marker also being in the west line of a 5.100 acre tract of land(by deed) deeded to Kevin Jones,James G. Duvall and Michele Duvall as recorded in County Clerk's File No.D204307457 of said Deed Records of Tarrant County,Texas, from which a 5/8 inch iron rod with cap stamped"A.N.A."found for the northeast corner of said 18.278 acre of land bears North 00 degrees 06 minutes 00 seconds West, a distance of 13.09 feet, said 5/8 inch iron rod with cap stamped "A.N.A." being the northwest corner of said 5.100 acre tract of land, said 5/8 inch iron rod with cap stamped "A.N.A." also being in the existing south right-of-way line of said E. Bonds Ranch Road; THENCE South 00 degrees 06 minutes 00 seconds East, with the east line of said 18.278 acre tract of land and with the west line of said 5.100 acre tract of land, a distance of 20.00 feet to a point for corner; THENCE South 89 degrees 45 minutes 00 seconds West, a distance of 269.40 feet to a point for corner; THENCE South 76 degrees 07 minutes 44 seconds West, a distance of 110.25 feet to a point for corner; THENCE South 74 degrees 37 minutes 25 seconds West, a distance of 6.73 feet to a point for corner; THENCE South 63 degrees 42 minutes 55 seconds West, a distance of 92.62 feet to a point for coiner; THENCE South 89 degrees 45 minutes 00 seconds West, a distance of 85.79 feet to a point for corner; THENCE North 53 degrees 15 minutes 48 seconds West, a distance of 113.65 feet to a point for corner; Exhibit A Page 1 of 3 THENCE South 89 degrees 45 minutes 00 seconds West,a distance of 369.00 feet to a point for corner; THENCE South 15 degrees 59 minutes 04 seconds West, a distance of 166.07 feet to a point for corner; THENCE South 47 degrees 36 minutes 56 seconds West, a distance of 20.07 feet to a point for corner in the southwest line of said 18.278 acre tract of land, said point also being in the existing northeast right-of-way line of U.S. Highway 287 (a variable width right- of-way); THENCE North 42 degrees 22 minutes 40 seconds West,with the southwest line of said 18.278 acre tract of land and with the existing northeast right-of-way line of said U.S.Highway 287, a distance of 110.15 feet to a right-of-way marker set for the intersection of the proposed south right-of-way line of said E. Bonds Ranch Road with the existing northeast right-of-way line of said U.S.Highway 287,from which a Type II monument found for the most westerly northwest corner of said 18.278 acre tract of land bears North 42 degrees 22 minutes 40 seconds West,a distance of 139.45 feet; THENCE North 04 degrees 20 minutes 59 seconds East, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 62.25 feet to a right-of-way marker set for corner; THENCE North 30 degrees 43 minutes 11 seconds East, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 23.93 feet to a right-of-way marker set for corner; THENCE North 56 degrees 29 minutes 14 seconds East, with the proposed south right-of-way line of said E. Bonds Ranch Road,a distance of 23.47 feet to a right-of-way marker set for corner; THENCE North 80 degrees 29 minutes 03 seconds East, with the proposed south right-of-way line of said E. Bonds Ranch Road,a distance of 97.92 feet to a right-of-way marker set for corner; THENCE North 89 degrees 45 minutes 00 seconds East, with the proposed south right-of-way line of said E. Bonds Ranch Road, a distance of 393.93 feet to a right-of-way marker set for corner; THENCE South 53 degrees 15 minutes 48 seconds East, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 97.03 feet to a right-of-way marker set for corner; THENCE North 89 degrees 45 minutes 00 seconds East, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 68.82 feet to a right-of-way marker set for corner; Exhibit A Page 2 of 3 t THENCE North 63 degrees 42 minutes 55 seconds East, with the proposed south right-of-way line of said E. Bonds Ranch Road,a distance of 88.55 feet to a right-of-way marker set for corner; THENCE North 74 degrees 37 minutes 25 seconds East, with the proposed south right-of-way line of said E.Bonds Ranch Road,a distance of 11.39 feet to a right-of-way marker set for comer; THENCE North 81 degrees 26 minutes 33 seconds East, with the proposed south right-of-way line of said E. Bonds Ranch Road, a distance of 114.45 feet to a right-of-way marker set for corner; THENCE North 89 degrees 45 minutes 00 seconds East, with the proposed south right-of-way line of said E. Bonds Ranch Road, a distance of 269.46 feet to the POINT OF BEGINNING and containing 40,818 square feet or 0.937 acres of land,more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) ROW markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped"GORRONDONA"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: December 26,2016 Curtis Smith Registered Professional Land Surveyor .OF TF No. 5494 ��+ FRf9 Texas Firm No. 10106900 ° CURTIS SANITY f k 5494 9if�O% s SUR Exhibit A Page 3 of 3 i EXHIBIT ))B )2 PARCEL No. > TE ACQUISITION LOCATION H. ROBERTSON SURVEY LINE LINE-TABL ISTAN ABSTRACT No. 1259 L-1 N 00.06 00 13.09 L-2 S 00-06'00"E -TO-.O--07- L-3 0.00L-3 S 76-07'44"W-1-10-.-25 SUBJECT TRACT & L-19 N 81'26 33 E 114.45 LOCATION OF ACQUISITION TRACT 1 45.623 ACRES BY DEED) LRM-PTM PARTNERS, L.P. C.C.F. No. No. 0213065552 D.R.T.C.T_ W PROPOSED E. BONDS RANCH ROAD Z RIGHT-�ONFG WAY �0 5/8'1R W/CAP _ RIGHT-Of-WAY STAMPED 'A.N.A" sEr R.o.w. A (A VARIABLE WIDTH RIGHT-OF-WAY) MARKER '-N 89'45'00"E -'269.46' — — — — 2 1 — L-1 } �- 9 P.0. SETR.O.W. U ................................: R :•:��::.:•.•.:• ::l:i:�'..�:•: ��::...'. i•Ulti'i.Y. �— S 89'45'00W 289.40' MARKER Q ( L-2 TEMPORARY CONSTRUCTION I 6.100 ACRES DM 0.807 ACRES (BY DEED) EASEMENT AREA KM ' JA Ma.' • 0• OW'L•I DEBORAH D BELLOWS I 40,818 SQ, FT. OR C CANDH 7 VOL 15530, PAGE 156 0.937 ACRES DJLT.C.T. i D.R T.O T. I 18.278 ACRES (BY DEED) HEB GROCERY COMPANY, LP C.C.F. No. No. D215273645 D.R.T.C.T. W. REDFIELD SURVEY I ABSTRACT No. 1348 I NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/8" IRON ROD SET 00 50 O 00 WITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED, 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TOMS COORDINATE SYSTEM. NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ME S4 WAM SCALE IN FEET FoRTWORTH City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 76102 B OND S RANCH ROAD OF CORRIDOR IMPROVEMENTS PARCEL NO. 1 TE TcrF PROD. NO. 100273 TEMPORARY CONSTRUCTION EASEMENT C TISµSMITH OWNER: HE8 GROCERY COMPANY LP SLER REDFIELD SURVEY ABSTRACT N0. 1348 5494 4 LITY OF FORT WORTH, TARRANT COUNTY, TEXAS �• TCONSTRUCTION EASEMENT AREA: 40,818 SQUARE FEET OR 0.937 ACRES S WPERTY ACREAGE: 796,187 SQUARE FEET OR 18.278 ACRES BY DEED CURTIS SMITH JO1608.00 DRAWN BY: JPH CAD FlLE: 01TEMP.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DAR 26, 2016 EXHIBIT B PAGE 1 OF 3 SCALE 1" 100' N0. 5494 TEXASFIRM No. 10108900NA k ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH. TX. 76118 " 517--496-1424 FAX 817-496-1768 1 EXHIBIT "B " PARCEL No, t TE ACQUISITION LOCATION wIST 3 TRACT 1 9t > 45'U3 APED) L-3 S 76'07 44 110.25 C cc.F Ngo. No. 02130!15562 L-4 S 74-37-25-W 6,73 Q c_3 DJLT.c'T' L-5 S 63'42 55 92.62 SUBJECT TRACT & I W � I L-7 N 53'15'48"W 18 3.65 LOCATION OF ACQUISITION c H. ROBERTSON L-15 S 53'15'48"E 97.03 I = I SURVEY L-16 89'45 00 E 68.82 CT 2 STRACT L-17 N 63'42'55-E 88.55 17.586 ACRES (BY DEED) _! L-18 N 74'37 25 E 11.39 LRM-P1M PARTNERS' LP. J NO. 1 259 1-19 N 91-26-33-El 114.45 C.C.F. No. No. 0213065552 DRT.C.T. �i E. BONDS RANCH ROAD ' W PROPOSED W Z RIGHT-OF-WAY (A VARIABLE WIDTH RIGHT—OF—WAY) z EXISTING SET R.O.W. RIGHT-OF-WAY SET SET ►,IARKER -N 89'45'00"E:j 1393.93 I- ........................................................ 19 U 7VOLUME . .,, ... �� MARK��S 89'45'00"W 369.00' :•;10'ELECTRIC EASEMENT •: :::`:::::.:: :: ::: .... ray l L-4 10'ELECTRIC EASEMENT 1 1 VOLUME 368,1. PACE 517 :: :: ►3574, PAGE 202 1 1 D.R.T.C.T. L-8 D.R.T.C.T. I 1 -..11 IIWELECTRIC EASEMENT TEMPORARY VOLUME 6443, PAGE 247 D.R.T.C.T. CONSTRUCTION EASEMENT AREA 40,818 SQ. FT. OR j �� 0.937 ACRES \� � 18.278 ACRES (BY DEED)) W. REDFIELD SURVEY HEB GROCERY COMPANY, LP ABSTRACT No. 1348 C.C.F. No. No. D215273645 D.R.T.C.T. NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PUT. 2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/8' IRON ROD SET 1 00 50 0 1 00 WITH BLUE CAP STAMPED 'GORRONDONA' UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83. THE NORTH CENTRAL ZONE 4202, ALL DISTANCES MID AREAS OWN AM DACE SCALE IN FEET FoRTWORTH City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 76102 BONDS RANul"'hy-T ROAD OF CORRIDOR IMPROVEMENTS ,�P. °�i S TF;�.. PARCEL NO. 1 TE CITY PROJ. NO. 100273 (0:' * ��': TEMPORARY CONSTRUCTION EASEMENT »»»ter»•»»». w.. »».»»»» OWNER: HEB GROCERY COMPANY rrrw• LP CURTIS SMITH r,...r.O . ,ww••.rwww..rrywr SURVEY: W. REDFIELD SURVEY ABSTRACT NO. 1348 5494 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TEMPORARY CONSTRUCTION EASEMENT AREA: 40,818 SQUARE FEET OR 0.937 ACRES S U WHOLE PROPERTY ACREAGE: 796,187 SQUARE FEET OR 18.278 ACRES BY DEED CURTIS SMITH JOB No. KHA_1608.00 1 DRAWN BY: JPH I CAD FILE: 01 TEMP.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: DECEMBER 28, 2018 1 EXHIBIT B PAGE 2 OF 3 1 SCALE: 1' - 100' NO. 5494 TEXAS FIRM No. 10108900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817-498-1788 EXHIBIT "B " PARCEL No, f TR ACQUISITION LOCATION LINE TAB H. ROBERTSON SURVEY LINE BEARING ABSTRACT No. 1259 L-8 S 15'59'04"W 166.07 L-9 S 47'36 56 W 20.07 L-10 N 42'22 40 110.15 SUBJECT TRACT do TRACT 2 L-11 N 04'20 59 E 62.25 17.500 ACRES (8Y DEED) IL-12N 30'43 11 E 23.93 LOCATION OF ACQUISITION tnM-PTu PARTNERS, L.P. IL-13IN 56'29 14 E 1 23.47 C.C.F. No. No. 02130SM62 D.R.T.C.T. L-14 N 80'29'03-E 1 97.92 APPROXIMATE — SURVEY LINE GI� E. BONDS RANCH ROAD w r (A VARIABLE WIDTH RIGHT-OF-WAY) Z PROPOSED RIGHT—OF—WAY SET R.O.W. ��;p• ' y EXISi1NG RIOHt—OF—WAY — R — J FNMONUMENf Le14 V a �.- ��G� �� I 18.278 ACRES (BY DEED) �`1L� `.;L-13.`':' HEB GROCERY COMPANY. LP '� 0 n ....:.:.::`:_....................... c k L• 12 .................... .�M 01 (� I C.C.F. No. No. D215273645 I :.:::: ::.:.::::::::.::.:::::: aI S G D.R.T.C.T. "'� :.:.I SET R.O.W. I TEMPORARY MARKER CONSTRUCTION 0...............' 11 $S EASEMENT AREA : : : •'.:.� I 40,818 SQ. FT. OR EXIsnNc . ,:.: b)0.937 ACRES RIGHT—OF-WAY cc co h in W. REDFIELD SURVEY �L-s Nn ABSTRACT No. 1348 NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED 'GORRONDOW UNLESS OTHERWISE NOTED. 100 50 0 100 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TDM 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 78102 w BONDS RANCH I�OAD ,�E of r� CORRIDOR IMPROVEMENTS PARCEL NO. 1 TE CITY PROJ. NO. 100273 TEMPORARY CONSTRUCTION EASEMENT »-'»»»-»»» OWNER: HEB GROCERY COMPANY LP C TIS SMIT »-» SURVEY: W. REDFIELD SURVEY, ABSTRACT NO. 1348 : pa 5494 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TEMPORARY CONSTRUCTION EASEMENT AREA: 40,818 SQUARE FEET OR 0.937 ACRES WHOLE PROPERTY ACREAGE: 796,187 SQUARE FEET OR 18.278 ACRES BY DEED) CURTIS SMITH JOB No. KHA-1808.00 DRAWN BY: JPH CAD FILE: 01 TEAIP.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: DECEMBER 28 2018 EXHIBIT 3 OF 3 - 100' N . 549 RM No. 0108900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-498-1424 FAX 817-498-1708 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approyed on9./1912017 :-.Resolution No. 4849-49,-201t DATE: Tuesday, September 19, 2017 REFERENCE NO.: L-16081 LOG NAME: 21PMD 100273-01-CONDEMN SUBJECT: Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire a Fee Simple Interest for Right-of-Way in 0.789 Acres of Land and a Temporary Construction Easement in 0.937 Acres from Property Owned by HEB Grocery Company, LP, Located at 200 E. Bonds Ranch Road, for the Bonds Ranch Road Corridor Improvement Project from US 287/81 to FM 156/Blue Mound Road (Tax Note 2017 Fund) (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the landowner to acquire a fee simple interest for right- of-way in 0.789 acres of land and a temporary construction easement in 0.937 acres of land from property owned by HEB Grocery Company, LP, located in Abstract No.1348, W. Redfish Survey, City of Fort Worth, Tarrant County, Texas, also known as 200 E. Bonds Ranch Road, were unsuccessful due to the inability to reach a mutually agreed upon value for the property interest being acquired by the City; 2. Declare the necessity to acquire the fee simple interest and temporary construction easement for the Bonds Ranch Road Corridor Improvement Project; 3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for the public use for the Bonds Ranch Road Corridor Improvement Project from US 287/81 to FM 156/Blue Mound Road; 4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described fee simple interest and temporary construction easement from the property owner; 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 Bonds Ranch Road Corridor Improvement Project from US 287/81 to FM 156/Blue Mound Road. This project will improve safety and traffic operations along this corridor. An independent appraisal established fair market value of the fee simple interest for the right-of-way and temporary construction easement in the amount of$270,000.00. Negotiations were unsuccessful due to the inability to reach a mutually agreed value for the property interest being acquired by the City. Upon City Council approval, a condemnation suit will be filed to acquire the fee simple interest and temporary construction easement in the property. Upon City Council approval, staff will proceed with acquiring the property as shown below. Funds are available in the Tax Logname: 21PMD 100273-01-CONDEMN Page 1 of 3 Note 2017 Fund. Parcel Address/Legal _ No. [Interest Owner Description [Type of Property/Acreage 200 E. Bonds Ranch HEB Grocery Road 01-ROW Company, LP Fee Simple ROW/0.789 acres Abstract 1348, W. _ Redfield Survey �— 200 E. Bonds Ranch HEB Grocery Road Temporary Construction a01-TCE Company, LP Abstract 1348, W. Easement/0.937 acres Redfield Survey 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 for right-of-way in 0.789 acres of land and a temporary construction easement in 0.937 acres of land from property owned by HEB Grocery Company, LP. The property is needed for the Bonds Ranch Road Corridor Improvement Project from US 287/81 to FM 156/Blue Mound Road and is located in Abstract No. 1348, W. Redfield Survey, City of Fort Worth, Tarrant County, Texas, also known as 200 E. Bonds Ranch Road. The property is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication. This property is located in COUNCIL DISTRICT 7. 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 and award of commissioners, funds will be available, as appropriated of the Tax Note 2017 Fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Logname: 21PMD 100273-01-CONDEMN Page 2 of 3 Originating Department Head: Steve Cooke (5134) Additional Information Contact: Ricky Salazar (5166) Logname: 21 PMD 100273-01-CONDEMN Page 3 of 3