HomeMy WebLinkAboutResolution 2340A Resolution
NO ~~D
WHEREAS, at its June 5 1997 meeting, the D-FW International Airport Board ("Airport
Board") passed a resolution (i) determimng that additional land is needed for auport expansion, (ii)
requesting that the Cities ofDallas and Fort Worth ("Cities") Jointly acquire for the Airport Board
certain properties for airport expansion purposes, and (iii) agreeing to fund all costs associated with
these acquisitions; and
WHEREAS, the City Council of the City of Fort Worth adopted Resolution 2302 on June
17 1997 approving the acquisition, and
WHEREAS, a recent sale by the property owners has caused a change m the acreage and
Just compensation amount; and
WHEREAS, the Airport Board has approved the changes on August 7 1997 and
WHEREAS, as required by the Airport Use Agreement, a MaJority-In-Interest of D-FW
Airport's Signatory Airlines (including American and Delta) have approved the expenditure of such .~
Airport Board funds to acquire the properties,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH.
Section 1 That, pursuant to the request of the Airport Board and subJect to the conditions
of this resolution, the lands specified m the attached Exhibits A and B ("Properties"), are to be
acquired on the condition that the Airport Board has assumed responsibility for all consideration,
including but not limited to, title expenses, closing costs, court costs, court filing fees, appraisal
costs, expert appraisal witness costs, any necessary replacement housing costs m accordance with
the Umform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
applicable regulations, and all other costs, fees or expenses associated with the acquisitions of the
Properties, which costs, fees and expenses shall be paid from the proceeds of the D-FW Airport
.Joint Revenue Bonds or from any other available Airport Board fund.
Section 2. That, following approval as to form by the two Cities City Attorneys and the
correction of any errors in the descriptions of the Properties, the City Manager is authorized to
accept, subJect to the conditions contained in this resolution, either General Warranty Deeds or
Special Warranty Deeds conveying the Properties Jointly to the Cities.
Section 3 That the Properties descriptions, the Cities resolutions and the Airport Board
resolution be forwarded to a title insurance company for preparation of instruments necessary for
CITY OF FORT WORTH
closing, which will be forwarded to the two City Attorneys for approval as to form, and subsequent
to closing, filed in the Tarrant County Deed Records, and thereafter returned to the Cities for
permanent record.
Section 4 That the Cities are to have possession of all of the acquired Properties on
closing.
Section 5 That, following approval as to form by the City Attorneys of the two Cities and
subject to the terms of this resolution, the City Manager is authorized to execute such additional
instruments as necessary m connection with the acquisitions of the Properties.
Section 6. That pursuant to the request of the Airport Board and in accordance with the
conditions of this resolution, it is determined that public necessity requires expansion and
improvements to the D-FW International Airport and that the Cities should acquire m fee simple
the Properties, each of which is necessary for the expansion of D-FW International Auport.
Section 7 That for the purpose of acquiring the Properties, the Property Management
Director or such employee as he may designate, is authorized and directed to offer each amount
fisted on Exhibit A ("Amount") to the respective owner fisted on Exhibit A ("Owner").
Section 8. That m the event the Owner rejects the Amount offered, which Amount the City
Council deems to be fair cash market value and dust compensation, the City of Fort Worth has
determined to appropriate the Properties m the name of the Cities under the laws of eminent
domain and the provisions of the Charters of the Cities.
Section 9 That, should the employee designated to make the official offer report to the
Fort Worth City Attorney that the Owner has refused to accept the Amount, this will be evidence
that the Cities cannot agree with the Owner as to the damages legally allowable. In such event, the
Fort Worth City Attorney acting on behalf of both cities, is authorized and requested to file the
necessary suit(s) and take the necessary action(s) for the prompt acquisition of all Amount-rejected
Properties in condemnation or in any manner provided by law
Section 10. That should rt be subsequently determmned that additional persons other than
those named in Exhibit A have an interest in the Properties, then and m that event, the Fort Worth
City Attorney acting on behalf of both Cities, is authorized and directed to tom said parties as
defendants m said condemnation suit(s).
Section 11 That m the event the Special Commissioners m Condemnation appointed by
the Court return an award that is the same or less than the Amount, or in the event the Airport
Board approves by subsequent resolution an award greater than the Amount, the Airport Board
shall issue a check in the amount of the Commissionsers award made payable to the County Clerk
•
CITY OF FORT WORTH
or Distract Clerk of Tarrant County to be deposited mto the registry of the Court, to enable the
Cities to take possession of the appropriate Properties without further action of the City Council.
Section 12. That following each acquisition the D-FW Auport Plan be amended to include
that property and title to that specific property following its acquisition by the Cities, shall be
vested ui the Cities subject to the control and jurisdiction of the Auport Board pursuant to the terms
of the Contract and Agreement between the Cities, dated and effective April 15 1968, and
applicable provisions of the 1968 Regional Auport Concurrent Bond Ordmance.
Section 13. That the approvals and authorizations contained in this resolution are
conditioned upon approval by the Dallas City Council of the ~omt acquisition of the Properties.
Section 14. That City of Fort Worth Resolution No. 2302 is hereby repealed.
<~ Section 15. That this resolution shall take effect immediately from and after its passage m
accordance with the provisions of the Charter of the City of Fort Worth, and it is accordmgly so
resolved.
Approved this ~~ day of 1997 by the City Council of the City of
Fort Worth.
Approved as to form and legality
Assistant City Attor
ATTEST
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City Secretary
Date: !D - 02 - 9''7
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O/FW LAND AGQUI5ITIONS
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(Change in ownership)
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AC'T I ~_~ 8.053 ac.
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~TRACZ' II ~oEn m
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State I~ighvv_ay 12LI I4
Ruaway Protection zoru
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TRACT I - 8 053 ac.
TRACT II - 6.65~ac.
(As Amended) .~,,{yN-
TRACT III - 3 481 ac.
TRACT N - 24. 9 a
TOTAL 42.5 ~ac.
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• Metes and Bauads Description
8.053 Acres
William Dooley Survey Abstract No. 423
P D Hudgins Survey Abstract No. 755
City of Grapevine, Tarrant County, Texas
BEING a tract of land situated in the William Dooley Survey Abstract No. 422 and the P D
Hudgins Survey Abstract No. 755, Tarrant County Texas, and being a portion of that certain tract
of land conveyed to Trinity Industries, Inc. according to Special Warranty Deed dated August 9
1989 and recorded in Volume 9720, Page ISS7 Deed Records of Tarrant County Texas, and being
more particulazIy described as follows (bearings referenced to DFW GPS Monuments):
COIvIMENCING at a I/2-inch iron rod found with cap marked 'NDM2609" being the north corner
of visibility clip for the north right-of--way of Hanover Drive, a 75-footright-of--way according to
the Final Plat of Hanover Drive, recorded in Cabinet A, Slide 27S 1 Plat Records of Tarrant County
Texas, at the northerly corner clip on the west end of said Hanover Drive at the intersection with the
east right-of-way of Main Street (Spur 103), a 100-footright-of-way
THENCE along the north right-of--way line of Hanover Drive as follows:
CD
-- South 45°43'49" East, 28.28 feet to a 12-inch iron rod found with cap mazked "NDN12609"
~ being the southerly end of said visibility clip;
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~ ~ ~' -- North 89° 16'11" East, 279.99 feet a I2-inch iron rod found with cap marked "NDM2609"
_. t being to the beginning of a curve to the Ief~
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~ - Along said curve to the left having a central angle of 06° 13'06" a radius of 2965A0 feet, as
arc length of 321.80 feet and a chord bearing North 86° 0939" East, a distance of 321.64 feet
to a 5/8-inch "ICHA" capped iron rod set for the POINT OF BEGINNING;
THENCE North 09° 04'22" West, departing the northright-of-way Line of Hanover Drive, 310.39 feet
to a S/8-ir}ch "KHA" capped iron rod set for corner
I~~1CE North 89.2729" East, 1750.00 feet to a Sib-inch "KHA" capped iron rod set for corner
'IHE~iCE South 07°59'19" West, 232.58 feet to a Sib-inch "KHA" capped Iron rod set for corner in
the north right-of-way line of Hanover Drive, said point being on a nontangent curve whose center
bears South 15°42'46" West;,
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THEYCE along the north right-of--way line of Hanover Drive as follows:
971957
-- Along said curve to the 1eR having a ceana! angle of 26°25'21" a radius of 2035 00 feet, an
arc length of 938.46 feet and a chord be:iriag North 87°?9'S5" West, a distance of 930.17
feet t4 a I/2-inch iron rod with cap marked "NDM 2609" found being the end of said curve;
South 79° 17'25" West, 556.77 feet to a 12-inch iron rod with cap marked "NDM 2609"
found being the beginning of a curvy to the right;
-- Along said curve to the right having a central angle of 03°45'41" a radius of 2965.00 feet,
as arc length of 194.64 feet and a chord bearing South 81° 10'15" West, a distance of 194.61
feet to the POINT OF BEGIlVNIlYG and CONTAIlYIlVG 8.053 acres of land, more or less,
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TRACT II
(As Amended)
Metes and Bounds Description
6.655 Acres
William Bradford Survey Abstract No. 131 and
Cite of Grapevine, Tarrant County Texas
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BEING a tract of land containing 6.6>j acres in the City of Grapevine, part of the William Bradford
Survey Abstract No. 131 Tarrant County Texas, and being a portion of that certain tract of land
described in Deed to Truuty Industries, Inc. as recorded in Volume 9720, Page 1557, Deed Records
of Tarrant County Texas (DRTCT), and being more pazticulazly described by metes and bounds as
follows (bearings referenced to DFW GPS Monuments):
COMMENCING at a S/8-inch iron rod found for the southeast corner of Lot 1 Block 1, Grandy's
of Grapevine Addition, an Addition to the City of Grapevine according to the plat recorded in
Vohlme 388-214, Page 33, Plat Records of Tanant County, Texas, same being on the north right-of
way for State Highway 114 (variable ROW);
THENCE South 8S°30'10" East.with the north right-of--way for State Highway I I4, a distance of
268.07 feet to the POINT OF BEGINNING, being the southeast comer of a called 0.7S76-acre tract
of land described by Special Warranty Deed dated May 30,1997 from Trinity Industries, Inc. to 1 I4
Main, L.P., as recorded in Volume 12804 Page 9 DRTCT
THENCE North 00°38'18" West, a distance of 275.00 feet to the northeast corner of said 0.7576-
acre tract, on the south line of Capital Street (70' ROW);
TI~NCE South 8S°30'10" East with said right-of-way 1052.17 feet to a S/8-inch iron rod with
"KHA" cap found (found iron rod) for the westerly southwest corner for the intersection of Capital
Street and Trinity Parkway (100' ROW);
THENCE southerly with the west right-of-way for Trinity Pazkway as follows:
-South 40° 30'10" East, a distance of 28.28 feet to a found iron rod;
- South 04° 29'50" West, a distance of 233.90 feet to a found iron rod;
-South 49°29'50" West, a distance of 28.28 feet to a found iron and on the north right-of--way of
the aforesaid State Highway 114
THENCE North 8S°30'10" West, 1027.56 feet to the POINT OF BEGINNING and CONTAINING
6.655 acres.,.
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Metes and Bounds Description
3 481 Acres
William Bradford Survey Abstract No. 131 and
P D Hudgins Survey Abstract No. 755
City of Grapevine, Tarrant County, Texas
BEING a tract of land, containing 3 481 acres, situated in the William Bradford Survey Abstract
No. 131 and the P D. Hudgins Survey Abstract No. 75~, in the City of Grapevine, Tarrant County
Texas, and being a portion of that certain tract of land conveyed to Trinity Industries Inc., according
to deed recorded in Volume 9720, Page 1557, Deed Records of Tarrant County, Texas, and being
more particularly descn'bed by metes and bounds as follows (bearings referenced to DFW GPS~
Monuments):
BEGIlYNING at a 518-inch "I{HA capped iron rod set (5/8-inch iron rod set) in the north right-of
way of State Highway 114, avariablewidthright-af-way with the intersection of the eastright-of
way of Trinity Parkway a 100.00-foot right-of-way according to the Final Plat of Trinity Prwkway
recorded in Cabinet A, Slide 2742, Plat Records of Tarrant County Texas (P.RT C.T );
THENCE North 40° 30' 10" West, 28.28 feet with saideastright-of-way of Trinity Parkway, to a 5/8-
inch iron rod set;
TTIENCE North 04°29'50" East, 334.24 feet with the eastright-of--way of said Trinity Pazkway to
a 1/2-inch iron with cap marked "NDM 2609" found for the beginning of a curve to the right;
THENCE along a curve to the right and with the eastright-of-way of Trinity Parkway, an arc length
of 865 46 feet to a I/2-inch iron rod with cap marked "NDM 2609" found for corner said curve
having a central angle of I2° 52'03 ", a radius of 383 70 feet, a tangent length of 434.56 feet, a chord
bearing of North 10° 55'52" East, and a chord length of 863.64 feet;
THENCE North 60° 39'54" East, 2917 feet with said east right-of-way of Trinity Parkway to a 1/2
inch iron rod with cap marked "NDM 2609" found said point being in the south right-of--way line
of Hanover Drive, a 75.00 foot right-of-way according to the Final Plat of Hanover Drive as
recorded i~r Cabinet A, Slide Z74I P.RT.C.T ai the beginning of a nontangent curve whose center
bears South 14° 17'19" West;
THENCE along a nontaagent curve to the right and along the south right-of--way Line of said
Hanover Drive, an arc length of 64.60 feet to a 518-inch iron rod set for a comer, said curve having
a central angle of O 1 ° 53' 18" a radius of 1960.00 feet, a chord bearing of South 74° 56'02" East and
a chord length of 64.59 feet;
THENCE South 07°59'19" West, departing said south right-of way line, a distznce of 1219 IO fee
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~CHIBIT 6
Page 2 of 2
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• Metes and Bounds Descnption
24.3?9 Acres
William Bradford Survey Abstract No. 131 and
William Dooley Survey Abstract No. 422 and
P D Hudgins Survey Abstract 7SS
City of Grapevine, Tarrant County, T~cas
BEIlYG a tract of Iand, containing 24.329 acres, situated in the William Bradford Survey Abstract
No. 131 the William Dooley Survey Abstract No. 422, and the P D Hudgins Survey Abstract No.
7SS Tarrant County Texas, and being a portion of that certain tract of land conveyed to Trinity
Industries, Inc. according to a Special warranty Deed dated August 9 1989 and recorded in Volume
9720, Page 1 SS7, Deed Records of Tarrant County Texas, and being more particuIaziy described
by metes and bounds as follows (bearingsherein are referenced to DFW GPS Monuments).
BEGINNING at a 1/2-inch iron rod with cap marked "NDM 2609" found for the southwest comer
~" of Lot 1 Block C of Trinity Industries Addition, an Addition to the City of Grapevine, according
m to the Map or Plat thereof recorded in Cabinet A, Slide 3129 of the Plat Records of Tarrant County,
Texas (P.RT C.T ), same being on the north right-of-way line of Capitol Street (a 70-foot wide
~' right-of-way) as recorded in Cabmet A, Slide 2738 P.RT C.T
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„~ THENCE North O1 ° 12'30" East, along the east line of said Lot 1 a distance of 282.65 feet to a 1/2-
W ~ ~ inch imn rod with cap marked "NDbi 2609" found for corner, said iron rod being at the northeast
W corner of said Trinity Lndtistries Addition, Lot 1 Block C,
n' TI~NCE North 88°47 ~0" west, along the north line of said Trinity Industries Addition, a distance
of 84.90 feet to a point for corner
THENCE North 09° 04'22 west, departing said north line, a distance of 38S 72 feet to a S/8-inch
"KHA capped iron rod set (S/8-inch iron rod sec) on the curving southright-of-way tine of Hanover
Drive (a 7S-foot wide right-of-way) as recorded in Cabinet A at Slides 2740 and 2741 P.RT C.T.,
said curve being a nontangent curve to the left whose center bears North 07° 00'03" West;
THENCE in an easterly direction along the south right-of-way line of Hanover Drive as follows:
-- Along the arc of said nontangent curve to the left, an azc length of 196.78 feet to a 1/2-such
iron rod with cap marked "NDb12609" found for corner said curve having a central angle
of 03°42'32", a radius of 3040.00 feet, a chorl bearing ofNorth 8I°08'41" East, and a chord
length of 196.75 feet;
-- North 79° 17'2S" East, SS6.77 feet to a 1/2-snch iron rod with cap marked "NDiVI 2609"
found for the beginning of a curve to the right;
•
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:R~CT I?
- Along said curve to the right, an arc length of 708.98 feet to a 1/?•inch iron rod with cap
marked "NDM 2609" found is the west rights-~of-way of Trinity Parkway a 100.00 foot right
of-way according to the Final Plaz of Trinity Parkway as recorded in Cabunet A, Slide 2742,
Plat Records of Tarrant County Te:cas, for corner, said curve having a central angle of
20.43'31" a radius of 1960.00 feet, a tangent length of 358.40, a chord bearing of North
39.39'10" East, and a chord length of 705.12 feet;
- South 31.09'31"East leaving said south right-of-way line of Hanover Drive, 26.49 feet with
said west right-of-way of Trinity Parkway to a 1/2-inch iron rod with cap marked "NDM
2609" found for corner, being on a nontangent curve whose center bears South 72.46'11"
East;
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L!J- a THENCE along said nontangent carve bearing to the left with said west right-of-way of Trinity
parkway an arc length of 868.97 feet to a 1/Z-inch iron rod with cap marked "NDM 2609" found
!,(,~ ~ h for corner in the northright-af-way of Capitol Street, a 70.00 feet right~f-way according to the Final
~ Plat of Capitol Street as recorded m Cabinet A, Slide 2738, Plat Records of Tarrant County Te:cas,
L1,~ said curve having a central angle of 12.35 ~4" a radius of 3953 70 feet, a tangent length of 436.25
~ feet, a chord bearing of South 10.56'02" West, and a chord length of 867.23 feet;
v
THE~iCE South 49°30'51" West, 28.31 feet with said north right-of-way of Capitol Street to a 1/2
inch iron rod with cap marked "NDM 2609" found for corner
TI~NCE North 85°30'10" West, 1138.03 feet with said north right-of way of Capitol Street to the
POINT OF BEGINNING and CONTAIIVI,iG 24.329 acres of land, more or less,
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EXHIBIT B-1 ~~ ~`l
(As Amended)
ity of Fort Worth exas
Mayor and Council Commun~cat~on
10/02/97 ~ **L-12085 ~ 30REPEAL ~ 1 of 2
sosJSCT REPEAL RESOLUTION NO 2302 AND ADOPT RESOLUTION AUTHORIZING THE
ACQUISITION OF FOUR TRACTS OF LAND BY EMINENT DOMAIN IF NECESSARY
FROM TRINITY INDUSTRIES INCORPORATED LOCATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY TEXAS FOR THE D/FW AIRPORT EXPANSION
PROJECT
RECOMMENDATION
It is recommended that the City Council
1 Repeal Resolution No 2302 and M&C L 11988 originally adopted on June 17
1997 and
2 Adopt the attached revised resolution and
3 Authorize the acquisition in the name of the Cities of Fort Worth and Dallas of four
tracts of land containing a total of approximately 42 518 acres located along the
north side of State Highway 114/121 near Municipal Way and Trinity Parkway in
Grapevine, Texas, and
4 Authorize the exercise of eminent domain if the Cities and the property owner are
unable to agree in order to obtain aright-of way for the future west side runway
expansion project at the D/FW International Airport, and
5 Establish that the offers made to the property owner in the amount of
$20 565 979 00 is just compensation for the following four (4) separate tracts as
follows
Tract I 8 053 acres S 5 339 000 00
Tract II 6 655 acres 5 4 347 979 00
Tract III 3 481 acres $ 2,704 000 00
Tract IV 24.329 acres S 8,175,000.00
42 518 acres S20 565 979 00
DISCUSSION
This acquisition is in connection with the proposed future west side runway expansion
project The subject properties are within the (to be required) runway protection zone
which is located in the City of Grapevine Texas, and is now zoned for commercial
development The owner has proceeded to prepare the property for development by
installing utilities and public roadways Acquisition at this time in advance of Federal
Aviation Administration (FAA) approval of the west side runway expansion is necessary
to protect the needed right-of way before it is improved with new de
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>~ Printed an Bagdad Paper I ~r" ~, ,1;~'`~ • ~~• G UJII V U ~y~o
City of Fort Worth, Texas
Mayor and Council Communication
DATS
10/02/97 RSFSRSNCS NUIrIDSR
**L-12085 LOG NAMS
30REPEAL PAGS
2 of 2
svBJSCT REPEAL RESOLUTION NO 2302 AND ADOPT RESOLUTION AUTHORIZING THE
ACQUISITION OF FOUR TRACTS OF LAND BY EMINENT DOMAIN IF NECESSARY
FROM TRINITY INDUSTRIES INCORPORATED LOCATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY TEXAS FOR THE D/FW AIRPORT EXPANSION
PROJECT
These properties have been appraised according to FAA guidelines including two
independent appraisals and a concluding review appraisal The Airport Board approved this
acquisition by eminent domain if necessary at its meeting on June 5 1997
On June 17 1997 the Fort Worth City Council adopted Resolution No 2302 and
approved M&C L 11988
This action authorized the acquisition of four tracts of land containing approximately
43 035 acres along the north side of State Highway 114/121 near Municipal Way and
Trinity Parkway in Grapevine Texas
A recent sale of a portion of the property by the owners causes a change in the original
acreage and just compensation amount The Dallas City Council approved the changes
on September 24 1997 The D/FW Airport Board approved the changes on August 7
1997
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that these acquisitions will have no material effect
on City funds
MG m
tt or y gar s
OPtke by: (to) A ~
~~
Mike Groomer 6140 CITY COUNCi~.
ling Department ea
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A. Douglas Rademaker 6157 (om)
or o orma on
Coact: ~~
A. Douglas Rademaker 6157
PrirMed on Bagdad Paper
Adopted Resolution No. ~ d