HomeMy WebLinkAboutResolution 2557A Resolution a
WHEREAS, the Fort Worth Transportation Authonty (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 in compliance with
the laws of the State of Texas, and with Federal laws and regulations administered by the Federal
Transit Admimstration, 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 defimtions 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.
'OWNER
'PROPERTY"
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RON Investments, Ltd.
Being a 3.561 acre portion of Blocks F1~ 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 Catellus Development
Corporation as recorded in 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 public necessity requires that the FWTA should
acquvre 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 detenniries 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 just
compensation for its taking, and to attempt an admuistrahve 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, in whole or in 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 temunation 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 timetable.
CITY OF FORT 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 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 hereinabove 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
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 in condemnation or m any manner provided by law
SECTION 11 That in the event it is subsequently determined that additional persons other than
those named herein have an interest in the PROPERTY then the General Counsel is authorized and
directed to join said parties as Defendants m said condemnation suit(s).
SECTION 12. That in the event the Special Commissioners in Condemnation appointed by the
Court return an awazd 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 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 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 July 15 1999 by
the Executive Committee of the FWTA relating to the acquisition of the PROPERTY
SECTION 14 That this resolution shall take effect immediately 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 FORT WORTH
CITY OF F®RT WORTH
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EXHIBIT "A"
Being a portion of Blocks F1 F2, F3 F4 L1 and L2 of Dagget'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 Ron Investments, LTD as recorded m Volume 13504 Page
67 of the Deed Records of Tarrant County Texas, and being more particulazly described by metes
and bound as follows
BEGINNING at a galvanized spike found for corner m the northerly Ime of said 9 0268 acre tract
of land, said galvanized spike being in the southerly line of a 2.894 acre tract of land deeded to the
Fort Worth Transportation Authority as recorded in Volume 13236, Page 15 of said Deed Records
of Tarrant County Texas, from which a %i inch iron rod found for the northwest corner of said
9 0268 acre tract of land and for the southwest corner of said 2.894 acre tract of land bears South 60
degrees OS minutes 31 seconds West, a distance of 70 00 feet;
THENCE North 08 degrees 20 rrunutes 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
9 0268 acre tract, said raikoad spike being in a westerly right-of--way line of the
Burlington Northern & Santa Fe Railroad,
THENCE North 60 degrees OS muiutes 31 seconds East, with the north line of said 9 0268 acre
tract of land, and with theright-of way lme of said Burlington Northern & Santa Fe,
a distance of 34 17 feet to a 518 inch iron rod set for the northest comer of said
9 0268 acre tract of land,
THENCE South 29 degrees 54 minutes 34 seconds East, with the east line of said 9 0268 acre
tract of land and with the westright-of way line of said Burlington Northern & Santa
Fe Railroad, a distance of 1797 48 feet to a 5/8 inch iron rod set for the southeast
corner of said 9 0268 acre tract of land, said 5/8 inch iron rod being in the north
right-of--way line of Interstate Hwy No. 30 (variable width right-of--way);
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THENCE South 82 degrees 04 minutes 16 seconds West, with the south ltne 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 518 inch iron rod set for corner m the south line of said
9 0268 acre tract of land,
THENCE North 53 degrees 56 minutes 33 seconds West, with the southwesterly hne of said
9 0268 acre tract of land, and with the northeasterly right-of way hne of said
Interstate Hwy No. 30 a distance of 175 99 feet to a 5/8 inch iron rod set for comer,
from which a Texas Department of Transportation Monument found for corner m the
south line of said 9 0268 acre tract of land bears North 53 degrees 56 minutes 33
seconds West, a distance of 61 78 feet, and North 45 degrees 43 minutes 43 seconds
West, a distance of 62.36 feet;
THENCE; North 10 degrees 42 minutes 47 seconds West, a distance of 72.43 feet to a 5i8 inch
iron rod set for corner
THENCE North 18 degrees 09 minutes 55 seconds West, a distance of 81.32 feet to a 5/8 inch
iron rod set for corner
THENCE North 25 degrees 10 minutes 52 seconds West, a distance of 88 65 feet to a 5/8 inch
iron rod set for corner
THENCE North 28 degrees 36 minutes 14 seconds West, a distance of 89 65 feet to a 5/8 inch
iron rod set for corner
THENCE North 29 degrees 54 minutes 34 seconds West, a distance of 1030.29 feet to a
masonry nail set for corner in the south nght-of way hne of sand Twelfth Street;
THENCE South 60 degrees OS minutes 31 seconds West, with the south nght-of way hne of
said Twelfth Street, a distance of 38.73 feet to an "X" cut in concrete set for corner
THENCE North 29 degrees 54 minutes 34 seconds West, a distance of 60 00 feet to a 518 inch
iron rod set for corner m the north nght-of way line of said Twelfth Street;
THENCE South 60 degrees OS minutes 31 seconds West, with the north right-of way line of
said Twelfth Street, a distance of 73 15 feet to the POINT OF BEGINNING, and
containing 155 131 square feet or 3.561 acres of land, more or less.
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