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HomeMy WebLinkAboutResolution 2538A Resolution a~53~ WHEREAS, the Fort Worth Transportation Authority (hereinafter the FWTA) is engaged in 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 in 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 in 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 1 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, $ 397 000 OWNER RON Investments, Ltd. 'PROPERTY" Being a 3 769 acre portion of Blocks Fl F2, F3 F4 L1 and L2 of Daggett's Addition, an unrecorded plat, and portions of Blocks 142 and 143 of Clark's Addition (Adamson s addition), an unrecorded plat, and closed portions of Luella Avenue, Grove Street, Twelfth Street, Thirteenth Street, Fourteenth Street, Fifteenth Street, Sixteenth Street, Seventeenth Street, and Eighteenth Street, and being out of a 9 0268 acre tract of land deeded to the Catel~us Development Corporation as recorded m Volume 10122, Page 637 of the Deed Records Tarrant County Texas, and as more fully described on Exhibit A attached to this Resolution and incorporated for all purposes. CITY OF FORT WORTH 'PROPERTY INTEREST" Fee Simple ownership under over and across the PROPERTY or such interest as necessary to comply with federal and state law and regulations. 'PROJECT" Railtran Commuter Rail Project SECTION 2 That it is hereby determined that pubhc 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 hereby determines 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 admimstrahve settlement with the OWNER within the limits of the General Manager's procurement authority SECTION 6 That, as to the PROPERTY described above, in 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 under, over and across the PROPERTY for the PROJECT under the laws of emment 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 hereinabove described taking of such PROPERTY from OWNER under the law of emment 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 in 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 herem have an mterest m the PROPERTY then the General Counsel is authorized and directed to tom said parties as Defendants m said condemnation suit(s). SECTION 12 That m the event the Special Commissioners in 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 bond in an 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 to the County Clerk of Tarrant County and to be deposited mto the registry of the Court, and to take such other actions as maybe 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 premiums 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 February 18, 1999 by the Executive Committee of the FWTA relating to the acquisition of the PROPERTY SECTION 14 That this resolution shall take effect unmediately from and after its passage in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordmgly so resolved. CITY OF FART WORTH V~ i-Y ter- r-uK 1' wVK'1'H EXHIBIT A Being a portion of Blocks F 1 F2, F3 fi4 LI and L2 of Daggett's Addition, an unrecorded plat, and portions of Blocks 142 and 143 of Clark's Addition (Adamson s Addition), an unrecorded plat, and closed portions of Luella ,avenue. Grove Street, Twelfth Street, Thirteenth Street, Fourteenth Street. Fifteenth Street, Sixteenth Street Seventh Street, and Eighteenth Strect, and being out of a 9 0268 acre tract of land deeded to the Catellus Development Corporation as recorded in Volume 1 OI22, Page 637 of the Deed Records of Tarrant County Texas, and being more particularly described by metes and bounds as follows. BEGINNING at a ~/z" iron rod found for the northwest corner of said 9 0268 acres tract of land, said %Z iron rod being the southwest corner of a 2.$94 acre tract of land deeded to V.I.C.K., Inc., and Sallie Bradford Nowlin as recorded in Volume 10699 Page 695 and Volume 11522, Page 309 of the D.R.T.C.T said %" iron rod also being the intersection of the east right-of--way line of Jones Street (60 0 right-of--way) and the north right-of--way line on Twelfth Street (60.0` right-of--way), from which a "Y" in concrete found for reference bears South 58 degrees 39 minutes 08 seconds West, a distance of 4.87 feet; TI-I1~NNCE North 60 degrees OS minutes 31 seconds East, with the north line of said 9 0268 acre tract of land, and with the south lme of said 2.894 acre tract of land, and with the north nght-of--way line said Twelfth Street, a distance of 70.00 feet to a galvanized spike found for corner ti THE-NCE North 0$ degrees 20 minutes 31 seconds East, with the northwesterly line of said 9.0268 acre tract of land, and with the southeasterly line of said 2.894 acre tract of land, a distance of 251 70 Feet to railroad spike set for corner in the north line of said line of the A T & S F Railroad, • THITiCE North 60 degrees OS minutes 3I seconds East, with the north line of said 9.0268 acre tract of land, and with the right-of--way line of said A T & S F Railroad, a distance of 3417 feet to a 5/8" iron rod set for the northeast comer of said 9 0268 acre tract of land, THb1~TCE South 29 degrees 54 minutes 29 seconds East, with the east line of said 9 0268 acre tract of land, and with the west right-of--way line of said A T & S F Railroad, a distance of 1797.50 feet to a 5/8" iron rod set for the southeast corner of said 9 0268 acre tract of land, said 5/8" iron rod being in the north right-off way line of Interstate Hwy No. 30 (variable width right-of--way); THENCE South 82 degrees 04 minutes 16 seconds West, with the south lme of said 9 0268 acre tract of land, and with the north nght-of--way line of said Interstate Hwy No., 30 a distance of 60.57 feet to a 5/8 iron rod set corner in the south fine of said 9,0268 acre tract of land, TI~NC2/ North 53 degrees 56 minutes 29 seconds West, with the southwesterly line of said 9.0268 acre tract of land, and with the northeasterly nght-of--way line of said Interstate Hwy No 30, a distance of 174 I6 feet to a 5/S" iron rod set for corner from which a Texas Department of Transportation Monument found for corner in the south line of said 9 0268 acre tract of land bears North 53 degrees 56 minutes 27 seconds West, a distance of 63.61 feet, and North 45 degrees 43 minutes 37 seconds ~~ West, a distance of 62.36 feet; ~- --~ EXHIBIT A %'"~,;r THI;ZV'CE North 11 degrees 44 minutes 57 seconds West, a distance of 91.27 feet to a 5/8" iron rod ~+ set for corner- THENCE North 20 degrees 1 I minutes 38 seconds West, a distance or 91.37 feet to a 5/8 iron rod set for corner' 'T'HENCE North 28 degrees O1 mmutes 31 seconds West, a distance of 118,31 feet to a ~/8" iron rod set for corner TI~NCE North 29 degrees 48 minutes 39 seconds West, a distance of 1063 16 feet to a masonry set nail set for cornet ~n the south right~f--way line of said Twelfth Street; TI~NCE South 60 degrees OS minutes 3 I seconds West, wit}t the south nght-of way Ime of said . Twelfth Street: THENCE South 13 degrees 38 minutes 18 seconds West, a distance of 27.59 feet to an 'X" in concrete set for corner in the west line of said 9.0268 acre tract of land said 'X" in concrete being in the east right-ofway line of said street; THENCE North 29 degrees 54 minutes 29 seconds West, with the west line of said 9 0268 acre tract of land, and with the line of said 9 0268 acre tract of land, and with the east right-of-way line of • said Tones Street. a distance of 80 00 feet to the POINT OF BEGINNING, and containing 164 160 square ;' feet or 3 769 acres of land, more of less, C~ J 2