HomeMy WebLinkAboutResolution 2385
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WHEREAS, the Fort Worth Transportation Authority (hereinafter the FWTA) is engaged
m the construction, extension, improvement, and development of rts Public Transportation System,
including specifically the Railtran Commuter Rail Project; and
WHEREAS, the acquisition of real property is necessary to the advancement of this
Railtran Commuter Rail Prod ect; and
WHEREAS, each of the hereinafter described tracts or PARCELS of real estate have been
duly appraised and evaluated, and the current fair cash market value of each determined m
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, and
WHEREAS, on February 19 1998, the Executive Committee of the FWTA passed a
resolution (i) determimng that the acquisition of real properties is necessary to the Railtran
Commuter Rail Project; (ii) authorizing rts General Manager or rts designee to negotiate with the
property owners to reach a settlement for the acquisition of the property (iii) authorizing
condemnation proceedings if negotiations with the property owners are unsuccessful.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH
SECTION 1 That for purposes of this Resolution, the following defimtions of terms shall
apply
'PROPERTY" Collectively the three PARCELS (numbered 18, 19 and 24)
described below and on Exhibit A attached to this Resolution.
'PROPERTY INTEREST"
Fee Simple ownership under over and across the whole of each
PARCEL.
'PROJECT'" Railtran Commuter Rail Prod ect.
CITY OF FORT WORTH
SECTION 2. That it is hereby deteriruned that public necessity requires that the FWTA should
acquire the PROPERTY INTEREST under over and across each PARCEL of 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 determines that each PARCEL of 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
each PARCEL is deemed to be the fair cash market value of such PARCEL, 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 each such PARCEL, 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 each
PARCEL as payment for such PARCEL of the PROPERTY to be acquired and full damages
allowable by law as to such PARCEL, each of which amounts equal the fair cash market value of
the PARCEL to which they apply and dust compensation for its taking, and to attempt an
admimstrative settlement with each OWNER within the limits of the General Manager's
procurement authority
SECTION 6. That, as to each PARCEL 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 PARCEL, 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 each PARCEL of the PROPERTY on
closing; and the FWTA will pay any title expenses and closing costs.
SECTION 8 That as to each such PARCEL which is subject, m whole or in part, to any lease(s)
at the lime the PARCEL'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
PARCEL, involving essentially the same lease payments amount as the existing lease with current
OWNER, but which shall be subject to temm~ahon 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 PARCEL, and the PROJECT timetable.
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CITY OF FORT WORTH
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SECTION 9 That the FWTA has determmned to appropriate the PROPERTY INTEREST under
over and across each PARCEL of 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 any PARCEL is not acquired by virtue of an offer made by the
General Manager or 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 any PARCEL report
to the General Counsel for the FWTA that the PARCEL'S OWNER has refused to accept the
OFFER AMOUNT as compensation for the hereinabove described taking of such PARCEL from
OWNER under the law of eminent domain, which amount the Executive Comrmttee of the FWTA
has found and deems to be the fair cash market value and dust compensation for such PARCEL 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 PARCEL 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 each such PARCEL of the PROPERTY m 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 m any PARCEL of the PROPERTY then the General Counsel
is authorized and directed to Iom said parties as Defendants in said condemnation suit(s).
SECTION 12. That as to each PARCEL, in 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 two
times the amount of the Commissioners' award (plus any amount required 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 PARCEL, 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
and court costs as may be assessed by the Special Commmssioners or the court.
SECTION 13 That the City Council hereby approves the Resolution passed on February 19 1998
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 rt is accordingly so
resolved.
CITY OF FORT WORTH
'PARCEL NUMBER 18" Being all of Lot 1 R, Block 121 Lot 3-R and 4-R, Block 120 of
the Original Town of Fort Worth, an addition to the City of Fort
Worth, Tarrant County Texas as recorded in Volume 388-166,
Page 1 of the Plat Records of Tarrant County Texas Bemg
deeded to Carmyn Collier Sparks in Volume 7209 Page 2259
Volume 7398, Page 1946, and Volume 7219 Page 2101 of the
Deed Records of Tarrant County Texas, and an 0 021 acre tract
of land out of Block 120 of the Original Town of Fort Worth (an
unrecorded plat), being deeded to Carmyn Collier Sparks as
recorded in Volume 8819 Page 1790 of the Deed Records of
Tarrant County Texas, as more fully described on Exhibit A
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'OFFER AMOUNT"
"OWNER
$505 000 00
Carmyn Collier Sparks
'PARCEL NUMBER 19" Bemg a 0 734. acre tract of land situated m the R. J Johnson
Survey Abstract No. 116, and the M. Baugh Survey Abstract
No 106, City of Fort Worth, Tarrant County Texas, said 0 734
acre tract of land being deeded to the Wilsey Bennett Company as
recorded in Volume 6486, Page 264 of the Deed records of
Tarrant County Texas, as more fully described in Exhibit A
'OFFER AMOUNT"
'OWNER
$360,000 00
Wilsey Bennett Company
'PARCEL NUMBER 24 Bemg a portion of Lots 1 2 and 3 Block 1 of the Frank Kent
Subdivision, as addition to the City of Fort Worth, Tarrant
County Texas as recorded in volume 388-95 Page 51 of the Plat
Records of Tarrant County Texas (P.R.T C.T ), said Lots 1 2
and 3 Block 1 being deeded to Harmony Realty Corporation as
recorded in Volume 9569 Page 2158 of the Deed Records of
Tarrant County Texas, as more fully described on Exhibit A"
'OFFER AMOUNT"
"OWNER
$200,000 00
Harmony Realty Corporation
CITY OF FORT WORTH
APPROVED this day of ~ ~~ , 1998, by the City Council of the
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City of Fort Worth.
APPROVED AS TO FORM AND LEGALITY
Assistant City ttorney
ATTEST
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City Secretary 3 _ /
Date:
CITY OF FORT WORTH
03111 98 17 55 $817 332 1800 CHAPPELL MCGARTL 1003
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P i1.12CEL 1$
LF,GAL DESCRIPTIONS O~h :PROPERTY
Being all of Lot 1 R, Block 121 T,ot 3-lk and 4-R, Block 120 of the Original Town of Fort Worth,
an addition to the t,ity of Fort Worth, Tarrant County Texas ti3 recorded in'V'olume 388-1G6, page
1 of the Plat Records of Tarrant County, Texas, being deeded to Cannyn Collier Sparks in Volume
7209 page 2259 Volume 7398, Page 1946, and Volume 7219 Page 2101 of the Deed Records
of 'X'arrant CoLUZty Texas, and an 0 021 sore tract of land out of Dloclc 120 of, the Onginal Town
of Fort Worth (an unrecorded plat), beizil; deeded to Carmyn CalJier Sp~~rlcs as recorded in
Volume RR19 Page 1790 of the Deed Records of 'Tarrant County Texas, and being more
particularly described by metes and bounds as ft)l.lows:
13EG1NNING at an "~'' in concrete found for the most westerly northwest corner of said Lot 1 R,
said 'X" in concrete being the intersection of the spYtth right-of way line of Fast Ninth Street (a
• 60 0' 1Z1ght-of Way) and the east right-of way line of Jones Street (a 60 0' Right-of Way), from
~a~hieh a. "Y" in concrete found for reference beats North 21 degrees 35 minutes 14 seconds East,
a d~stazice of 1 04 feet;
Ti-ILNCE North 60 degrees OS minutes 31 seconds East, with the north J.inc o1'Sxici Lot 1 R
and the south rightWof way liitie of said East Ninth Street, a distance of 260 00 feet to a masonry
nail set for the intersection o£ the south right-of way line of said East Ninth Street acid the ca~;t
right-of way line of Grvve Street (a 60 0' TZight~of Way),
'THENCE North 29 degrees 54 minutes 29 secvzids West, with the east right-of way line of
said Grove Strcct, a distance of 119.00 feet to a 5/S iron rod set for corner said S/8" iron rod being
in the west line of said Lot 3 R, said 5/8" iron rod also being tkie begiiu~ii~g of a curve to the right
with a radius of 4U UO feet, a central angle of 115 degrees SS minutes 00 seconds, a tangent oJ;
G3 91 feet, and whose chord bears North 28 degrees 03 minutes O1 seconds East, a distance of 67 8 ]
J;eet;
THENCE with said cuiVe to the right an arc length of RO 93 feet to a 1/2" iron rod found in
the north line of said Lot 4-R, said ] /Z" iron rod being in the south nght-of way lino of said
East Ninth Street;
THENCE North 86 degrees UO minutes 31 seconds East, with the north line of said Lot 4-R
and the south right-of way line of said East Ninth Strcot, a cliskarice of 40 00 feet to a. 1/2 iron
rod found. for corner in the north line of said Lot 4-R,
•
03/11%98 17 56 '8`817 332 1800 CHAPPELL MCGARTL
• THENCE South 76 degrees 27 IIYirxtdes 29 seconds Fast, with the north line o•F said Lot 4-R
~~nd with the south right-ot way line of said T ast Ninth Street, a distance of 15 95 feet tc~ a 1/2" non
rod found for the northeast corner of said I,ot 4-R, said I/2" iron tad beuxg in'the west nght-nf. «~y
1;.ne of the A T& S F Raalruacl,
THF.NCI; South 20 degrees 14 minutes 29 secuz~cls East, with the west right-of--way line of
said A T & S F Railroad, passing a 1/2 non rod found for the southwest corner of stud Lot 4-R
at a distance of 97 92 .feet, ui all, a distance of 227.28 feet to a. 5/8" iron rnd set tar the southeast
corner of said Lot ] R, sasd 5/8" iron rod also beuig the northeast corner ol'a tract of land deeded
to the Wilsey Bennett Company as recorded m Volume G486 Page 264 of the >7 R.T C T
THENCE South 59 tle~*roes 55 minutes 11 seconds West, with the south line of said Lot 1 R
anal the north line of sand tract of lard deeded to the Wilsey Sennett Compa~~y passinb a 5/8
iron rod found at a distance of 5 00 feet, iu all, a distance of 326 R9 feet to a copper plug found
fay' the southwest corner of satd Lot,l-R and the northwest cornet of said tract of land deeded to
the Wilsey Bennett Cornpan~+ from wlueh a 'Y" in concrete found fitir reference bears Nnrth
27 degi•ces 43 minutes 51 seconds 'Fast, a distance of 1 42 feet, said copper plug bung in the cast
nghl-of way line of said Jones Street;
THENCE North 29 degrees 54 mrnules 28 seconds West, with the west line of said Lot 1 R
~tnd the east right-of way line of said Jones Street, a d~.stance of 98.49 feet to tb,e POINT OF
131;U1NNING and containing 47 053 Square feet or 1 OSO ac~~c5 otlanci, more or less.
• l'AT2CLL 19
Being a. 0 734 acre tract of land sih~ated in the R.J Johnson Survey Abstract No 116, and the
M.13c-ugh Survey Abstract No ] 06, Cily of Fort Worth, Tarrant County Texas, sa~cl U 734 lcre
tract of land berng deeded to the Wilsey Bennett Company as recorded in Volume 6480 Pate
264 of the lleed Records of Tarrant Colmty, Te~:as (U.R.1 (,.T ), said 0 734 acre tract of land being
more particularly described by metes and bounds as follows
I3F.('T1NNINU nit n copper plug found for the northwest comer of sa-d 0 734 acre tract of, land, said
capper plug also berng the southwest corlrec of Lot 1-R, Block 12 l of th.e Original Town of Fort
Worth, an addition to the City of, l~orl Worth, Tarrant County Texas as rECOrded ii Volume 38&-
1 b6, Page 1 of the Plat Records of Tarrant County Texas (1'.R.T C.T ), and being ~zn the east right
of tivay brie of Janes Street (a GO 0' Right-Of Way), from which an 'X" in concrete found for the
~~orthwest corner of said T.nt. I-R bears North 29 degrees 54 minutes 28 seconds West, a distance
of 98 49 feet, and also from which a "Y" ui concrete found for reference bears North 27 degreefi
43 nunutcs 5 ] seconds East, a distarxcc aI 142 feet;
THENCE North 59 degrees 55 minutes -1 seconds East, with the ~rorkh litre of said 0 '134 acre
trt~ct of land and with the south line of said Lot 1 R passing a S/8" iron rod found at a distance of
321 89 feet, in a.l I,, a distance of 326.89 feet to a 5/8" iron rod set for the northeast conger of said
004
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0/11 98 17 56 $817 3~2 1800 CHAPPELL MCGARTL
• 0 734 acre tract of land, said 5/8" irnrx rod beurtg the southeast comer of said Lot 1-R, said 5/8" iron
rod also being a.n the west izght-of way line of the .A T & S .F Railroad,
THENCE South 20 degrees 14 minutes 29 seconds East, vvath the cast line of said 0 734 acre
tract of land, and the west right-of way line of said A T & S F Railroad, a distance 01102.44 feet
to a railroad spike set l'or the southeast corner o1 said 0 734 acre tract of land, from which a tack
in lead plug found for reference bears North 60 degrees 17 minutes 33 seconds East, a distance of
0 96 feet, said railroad spike also beug the riorthe~tyt corner of a 2.908 acre tract of land deeded
to V.I_C_K Inc. a Texas Corporation, and Sallie Bradford Nowlin, a/lc/a Sallie tradford
Tamde its recorded in Volume 10699 Page 695 and volume 1.1522, Page 309 of the D.R.'1' L T
THENCE South b0 degrees 05 mtnutcs 31 seconds West, with the south lme of said 0 734 acre
tract of land, and the north lino of said 2.90$ acre tract of land, passing a 3/4" iron rod found a.t.
a distance of 30 77 feet, in a11, a distance of 309 68 feet to a tack in lead plug fo~uid for the
southwest comer of sftid 0 734 sere tract of land, said tack m read plug bang the northwest ca~~teA•
of said 2.908 acre tract of laaid, said tack in lead plug also being in the east right,of way line of said
Jones Street, from which a 'Y" in concretE found for reference bears South 59 degrees 47 nunutes
SD seconds West; a distance of 4.99 feet;
THENCE North 29 degrees 54 minutes 28 secondsWest, with the west lme of said 0 734 acre
tract of land, and the cast right-of way line of said Jones Street, passing a "'Y" izt concrete found
at a drsiance of 96 47 feet, in all, a distance of l 00 00 feet to the POINT OF 13LU1NNING
• and containing 31,980 square feet or 0 734 acres of land, mote or less.
PARCEL 24
Berng a portion of Lots 1, 2 and 3 Block l of the Frank Kent Subdiv~ston, an addition to the City
of Foi.•t Worth, !'arrant County Texas as recorded in Vo[urne 388-95 Page 51 of the Ylat Records
of Tarrant County Texas (Y.R.T C_T ), sand Lots 1 2 and 3 131ock 1 being deeded to :kl~.rmony
Realty Corporation as recorded in Voltu~Ze 9569, Page 2158 of the Deed Records of Tarrant County
Texas (D.R.T C 1 ), and being ra~ore particularly described by metes and bourxds as follows
COM1Vf1,NCTPlG ax a point for th.e southwest comer of said Lot 1 Block 1 said point being in the
north line of a tract of land deeded to Texas and Pacific Railroad Compaay a5 recorded in Volwt1e
B Page 86 of the D.R.T C T from which a galvani2ed nail found for reference bears North 20
degrees 28 minutes 24 seconds West, a distance of U 52 feet; THENCF, South 87 degrees 34 minutes
55 seconds East, vvtth the south line of said Lot 1 and vvath the north line of said Texas acid Pacific
Railroad Company tract of land, a distance of 203 321eet; 1'1dENCE South 87 degrees 42 minutes
~5 seconds East, v~nfh the south line of said Lot 1 and with the north line of said Texas and Pacific
Railra~td Company tract of land, a distance of 89.23 feet to a .5/8 iron rod set for the PO1NT OP'
13ECrINNING;
THENCi: North 74 degrees 20 minutes 00 seconds East, a distance of 83 45 feet to an `X" in
concrete set for corner-
~ 005
3-
Oai11i98 17 57 $817 3a2 1800 CIiAPPELL MCGARTL
THENCE North 72 degrees 34 minutes 19 seconds East, a distance of 115 25 feet to an 'X" ut
concrete set for corner, said 518" iron rod being the beguniu~tg of a curve to the left with a radius of
587.27 feet, a central angle of 18 degrees 02 minutes 43 seconds, a tangent of 93.25 .feet, and „hose
chord bears North b0 degrees 11 .minutes 17 seconds East, a distance of 154.20 feet;
fHENCF. with said curve to the loft an arc length of 184 9ti feet to a 5/8" Iron rod set for corner
~n the existing south right-of way line of East Lancaster Avenue (a variable width right-of way)
T.T.-IENCE Soutlz SO degrei:s 54 minutes 56 seconds East, with the south right-of way line of said
East T.artcaster Avenue, a distance of 97.31 feet to a S/S iron rod set for corner in the west right-of
way line of Interstate Highway No. 30 (a variable width right-of way), said 5/8" iron rod being the
begiiming of anon-tangent curve to the r..tght with a radius of 1851 86 feet, a central angle or 08
degrees 59 minutes 38 seconds, a tangent of 145,65 feet, and whose chord bears South 58 degrees
26 irunutcs 54 seconds West, a distance of 290 40 feet;
THENCE with said non-tangent curve to the right and with the wellright-of way ltne of sa.i.d
Interstate High~v;,.y No 30, an arc length of 290 69 feet to a 5/8" iron rod set ,for confer in the south
tine of said Lot 1, said 5/$ iron rod being in the north line of said Texas and Pacific Railroad
Company tract of land, from which a masoiuy nail found for reference bears North $U degrees 18
minutes 43 seconds last, a distance of 2.65 feet;
THENCE North 82 delrees SO minutes 55 seconds West, with the south 1 i,ne of sod Lot 1 and
• tenth the north hoe of said Texas aid Pacific Railroad Company txa.et of land, a distance of 47 96 feet
to a 5/8" rron rod set for confer from which n galvanized spike found for reference bears South 79
degrees O1 minutes 49 seconds East, a distance of 0 48 feet;
TIILNC,E North 83 degrees 07 minutes 55 seconds West, with the south line of satd T,ot 1 and
with the noi~l~ line of sai~1 Texas and Pacific Railroad Company tract of land, a distance of 50 00 feet
to a galvanized spike found for corner
T.1~ENCE North 84 degrees 59 minutes 55 seconds West, with the south line of said Lot 1 uzd
with the ziorth line of said Texas and Pacific Railroad Company tract of land, a distance of 50 00 ,feel
to a. galva.mzed spike found for eonier•
THENCE Noitlz 87 degrees 20 inuiutes 55 seconds West, with the south line of said Lot 1 anal
with the north line of said Texas and i'acific Railroad Company tract of land, a distance of 50 00 feet
to galvanized spike foLmd for corner
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~l ooa
03/11!98 17 58 $817 332 1800 CHAPPELL MCGARTL
. THENCE North 87 de~-ees 42 minutes 55 seconds West, wrlh the south line of said Lot 1 a.nil
~vlth the noi~h lice of s:~d Texas quid Pac~fzu Railroad Company LrdCl vfland, a distaa.ce oi•' 1 77 feet
to the POINT OF BECr~NG, and containing 22,814 square feet or 0 574 acres of land, ><nore ai•
less-
ENll OF LEGAL DESC;Itll''TIpN
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