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HomeMy WebLinkAboutResolution 2515A Resolution WHEREAS the Fort Worth Transportation Authority (hereinafter the FWTA) is engaged m the construction, extension, improvement, and development of its Public Transportation System, including specifically the Railtran Commuter Rail Project; and WHEREAS the acquisition of fee simple interest m the parcel of real property described below is necessary to the advancement of this Railtran Commuter Rail Project; and WHEREAS the hereinafter described tract of real estate or PROPERTY has been duly appraised and evaluated, and the current fair cash market value determined m compliance with the laws of the State of Texas, and with Federal laws and regulations administered by the Federal Transit Administration, and WHEREAS it is now appropriate and timely to acquire such real estate for public use m the construction, extension, improvement and development of the Public Transportation System of the FWTA. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH SECTION i That for the purposes of this Resolution, the following definitions of terms shall apply OFFER AMOUNT" Amount that has been determined as a result of professional appraiser certified by State of Texas and reviewed by another certified appraiser and approved by the FWTA, to wit, $1,200 000 00 OWNER Roger Williams 'PROPERTY" PARCEL 4 described as All of that certain tract or parcel of land being a part of Block 71 of the Original Town of Fort Worth, and being the same land as described m deed to Roger Williams as recorded in Volume 6827 Page 263 Volume 1345 Page 77 Deed Records, Tarrant County Texas, and being the same tract as recorded m Volume 1352, Page 255 Deed Records, Tarrant County Texas, and as more fully described on Exhibit A attached to this Resolution. CITY OF FORT WORTH 'PROPERTY INTEREST" Fee Simple ownership under over and across the whole of such PARCEL or such interest as necessary to comply with federal and state law and regulations. 'PROJECT" Railtran Commuter Rail Project SECTION 2 That rt is hereby determined that public necessity requires that the FWTA should acquire the PROPERTY INTEREST under over and across the PROPERTY necessary for the PROJECT which PROJECT is necessary and proper for the construction, extension, improvement and development of the Public Transportation System of the FWTA. SECTION 3 That the City Council here deterrrunes that the PROPERTY described above and on Exhibit A is necessary for the PROJECT SECTION 4 That the City Council hereby determines and finds that the OFFER AMOUNT as to the PROPERTY is deemed to be the fair cash market value of such PROPERTY and equal to dust compensation for the taking of the PROPERTY INTEREST SECTION 5 That for the purposes of acquiring the PROPERTY INTEREST under over and across such PROPERTY the General Manager of the FWTA or such employee or agent as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as to the PROPERTY as payment for such PROPERTY to be acquired and full damages allowable by law as to such PROPERTY such amount being equal to the fair cash market value of the PROPERTY and dust compensation for its taking, and to attempt an admuustrative settlement with the OWNER within the hrmts of the General Manager's procurement authority SECTION 6. That, as to the PROPERTY described above, m the event the OWNER accepts the amount offered as authorized herein, the General Manager be and is hereby authorized to pay such OWNER of such PROPERTY or the current OWNER of record, such accepted offer amount upon tender or delivery of an appropriate General Warranty Deed approved by the General Counsel of the FWTA conveying the PROPERTY INTEREST to the FWTA. SECTION 7 That the FWTA is to have possession of the PROPERTY on closing; and the FWTA will pay any title expenses and closing costs. SECTION 8. That as to such PROPERTY which may be subject, m whole or m part, to any lease(s) at the tune the PROPERTY'S purchase is agreed upon between the current OWNER and the FWTA, the General Manager or such employee or agent as he may designate is hereby authorized and directed to negotiate with the Lessee and agree to and execute a lease between Lessee and the FWTA as Lessor and OWNER, to be effective as of the closing date of the FWTA's purchase of the PROPERTY involving essentially the same lease payments amount as the existing lease with current OWNER, but which shall be subject to termination by the FWTA upon 30 days written notice, or such other terms as the General Manager deems appropriate, considering the use the FWTA intends for the PROPERTY and the PROJECT tunetable. CITY OF FART WORTH SECTION 9 That the FWTA has determined to appropriate the PROPERTY INTEREST antler, over and across the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of Chapter 452, Transportation Code of the State of Texas, if the PROPERTY INTEREST as to the PROPERTY is not acquired by virtue of an offer made by the General Manager as authorized above, and the City Council of the City of Fort Worth, Texas hereby approves such appropriation. SECTION 10 Should the employee designated to make the official offer as to the PROPERTY report to the General Counsel for the FWTA that the OWNER has refused to accept the OFFER AMOUNT as compensation for the heremabove described taking of such PROPERTY from OWNER under the law of eminent domain, which amount the Executive Committee of the FWTA has found and deems to be the fair cash market value and dust compensation for such PROPERTY m compliance with the laws of the State of Texas, this will be evidence that the FWTA has made every reasonable effort to acquire such PROPERTY by negotiation, and that the FWTA and the OWNER cannot agree as to the damages legally allowable by law In such case, the General Counsel is authorized and requested to file the necessary suit(s) and take the necessary actions for the prompt acquisition of the PROPERTY m condemnation or m any manner provided by law SECTION 11 That m the event it is subsequently determined that additional persons other than those named herein have an interest m the PROPERTY then the General Counsel is authorized and directed to join said parties as Defendants in said condemnation suit(s) SECTION 12. That m the event the Special Commissioners m Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT the General Manager is hereby authorized to cause to be issued a check or checks not to exceed the amount of the Commissioners' award (plus any amount required to be deposited as security for court costs) and to obtain a condemnation bondman amount equal to the Commissioners award, or to cause to be issued a check or checks not to exceed two tunes the amount of the Commissioners award (plus any amount required to be deposited as security for court costs) and such checks to be made payable tp the County Clerk of Tarrant County and to be deposited into the registry of the Court, and to take such other actions as may be necessary to enable the FWTA to take possession of the PROPERTY without further action of the City Council, and the General Manager is hereby further authorized to pay the amounts of the fees of the Special Commissioners or the court, bond prermums and other costs associated with pursuing the condemnation proceeding and obtaining possession of the PRPERTY SECTION 13 That the City Council hereby approves the Resolution passed on January 21 1999 by the Executive Committee of the FWTA relating to the acgmsztion of the PROPERTY SECTION 14 That this resolution shall take effect mzmediately from and after its passage in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so resolved. CITY OF FART WORTH CITY OF FVRT WORTH ::z-- -- ' ~ r C7 EXHIBIT A PARCEL 4 All of that certain tract or parcel of land being a part of Block 71 of the ORIGINAL TOWNSITE OF FORT WORTH, and being the same land as described in deed to Roger «illiams as recorded in Volume 6827 Page 263 Volume 134 Page 77 Deed Records, Tarrant Count< Texas, and being the same Tract as recorded in Volume 1352. Page 255 Deed Records. Tarrant Count<~ Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the Northeast corner of Block 71 Original Townsite. City of Fort Worth Addition, THENCE South 30 degrees East ~ 0 feet to a point for corner THENCE South 09 degrees ~8 minutes 26 seconds East 113 89 feet to a point for corner THENCE South 60 degrees West 161.0 feet to a point for corner THENCE North 30 degrees West 60 0 feet to a point for corner THENCE North 60 degrees East 100 00 feet to a point for corner TI~NCE North 30 degrees West 100.00 feet to a point for corner TI~NCE North 60 degrees East 100 00 feet to the point of beg~nnmg •