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HomeMy WebLinkAboutResolution 4903-02-2018 A Resolution NO. 4903-02-2018 APPROVING A RESOLUTION ADOPTED BY THE FORT WORTH TRANSPORTATION AUTHORITY'S EXECUTIVE COMMITTEE, AND EACH PROPOSED ACQUISITION DESCRIBED THEREIN, TO ACQUIRE BY EMINENT DOMAIN, IF NECESSARY, CERTAIN PARCELS OF LAND LOCATED WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF FORT WORTH, CONSISTING OF EASEMENT INTERESTS IN A TOTAL OF APPROXIMATELY 0.283 ACRES OF LAND FOR THE CONSTRUCTION, EXTENSION, IMPROVEMENT, OR DEVELOPMENT OF TEX R A I L WHEREAS, the Fort Worth Transportation Authority (the "FWTA") is governed by a Board of Directors, which serves as the FWTA's governing bod y and constitutes its Executive Committee under Chapter 452 of the Texas Transportation C o d e ; WHEREAS, on October 30, 2017, the Executive Committee of the FWTA adopted a Resolution, a full and complete copy of which is attached hereto as Exhibit "A," ("Resolution") declaring that acquisition of certain identified parcels of land located within the territorial limits of the City of Fort Worth, consisting of easement interests in a total of approximately y 0.283 acres, is a public necessity and necessary and proper for the construction, extension, improvement, or development of TEX Rail, a public transportation system, with such parcels identified and described in the exhibit to the Resolution. The Resolution authorized the President/CEO of the FWTA or h i s authorized representative to undertake certain activities to acquire the identified parcels by negotiated sale or by eminent domain, if necessary; WHEREAS, Texas Transportation Code Sections 452.058 and 452.05 9 require the FWTA obtain the City Council 's approval before the FWTA can acquire by eminent domain any interest in real property located in the City of Fort Worth; WHEREAS, the FWTA has requested that the City Council approve the Resolution to acquire by eminent domain, if necessary, the parcels identified in the exhibit attached to the Resolution; and WHEREAS, the City Council does not object to the FWTA's acquisition b y eminent domain, if necessary, of the identified parcels for the TEX Rail project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: The City Council of the City of Fort Worth approves the attached Resolution adopted by the Executive Committee of the FWTA to acquire by eminent domain, if RTWO necessary, easement interests in a total of approximately 0.283 acres described in t h e exhibits to the attached Resolution, and the City Council approves each proposed acquisition described therein. Adopted this 6th day of February,2018. ATTEST: V —b Mary J. Kayser,VVY S r ry �xAs: rWb A Resolution Exhibit A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FORT WORTH TRANSPORTATION AUTHORITY REGARDING PUBLIC NECESSITY,ACQUISITION AND CONDEMNATION OF PROPERTY FOR TEXRAIL PROJECT (R2018-01) WHEREAS, the Fort Worth Transportation Authority ("FWTA") is a regional transportation authority which,under Chapter 452 of the Texas Transportation Code(the"Code"),may acquire,construct, develop,plan, own,operate, and maintain a public transportation system; and WHEREAS, TEXRail, a 27-mile commuter-rail project FWTA will operate between Fort Worth, Texas, and Dallas/Fort Worth International Airport, is a public transportation system; and WHEREAS, FWTA's acquisition of the real property described on Exhibit "A" attached to and made a part of this resolution (collectively, the "TEX Rail Parcels") is necessary and proper for the construction,extension,improvement,or development of TEX Rail; and WHEREAS, federal and local funds are included in FWTA's FY2016 and FY2017 capital budget to pay for the acquisition of the TEXRail Parcels; and WHEREAS, under Chapter 452 of the Code, FWTA has the power to acquire by eminent domain any interest in real property for the construction, extension, improvement, or development of a public transportation system, such as TEXRail;and WHEREAS, FWTA's Attorney has reviewed this resolution and has found that it is in compliance with all federal and state requirements; and WHEREAS, FWTA's Board of Directors is FWTA's governing body and constitutes its Executive Committee under Chapter 452 of the Code; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Fort Worth Transportation Authority that: Acquisition of the parcels of real property comprising the TEXRail Parcels described on Exhibit"A" is a public necessity, in the public interest, and necessary and proper for the construction, extension, improvement, or development of TEXRail, a public transportation system; The President/Chief Executive Officer of FWTA shall request that the City Council for the City of Fort Worth approve this resolution and FWTA's proposed acquisition of the TEXRail Parcels; Upon approval by the City Council of the City of Fort Worth of the matters discussed in the preceding paragraph, the President/Chief Executive Officer is hereby authorized and directed to: LA Resolution Procure, if needed, from a qualified real estate appraiser an appraisal of each of the TEXRail Parcels to be acquired; Make an offer to the owner or owners of each of the TEXRail Parcels to procure all rights necessary and proper for the construction, extension, improvement, or development of TEXRail and otherwise negotiate for the acquisition of those rights; Acquire all rights in the TEXRail Parcels necessary and proper for the construction, extension, improvement,or development of TEXRail; If necessary, commence the filing of condemnation proceedings for the acquisition of easement title to all or any portion of any TEXRail Parcel listed on Exhibit"A"; Deposit a sum of money awarded by the Court-appointed Special Commissioners with the registry of the appropriate court as directed by Chapter 21 of the Texas Property Code; and Execute all documents and perform all other acts necessary for the acquisition of the TEXRail Parcels. If it is necessary to acquire a TEXRail Parcel by condemnation, the Board finds that FWTA's condemnation of any TEXRail Parcel will not(a)unduly impair the existing neighborhood character of property surrounding,or adjacent to,any property to be condemned,(b)unduly interfere with interstate commerce,or(c) authorize FWTA to run a vehicle of FWTA on a railroad track that is used to transport property. Notwithstanding anything to the contrary in this resolution, FWTA shall not acquire by condemnation an interest in real property for use as a station or terminal complex if such real property is located more than 1,500 feet from the center point of the station or terminal complex,as designated by the Board of Directors,but the limitation in this paragraph shall not impair any authority granted by this resolution with respect to any other property. ADOPTED by the Fort Worth Transportation Authority Board of Directors on this,the 301h day of October, A.D. 2017. l Signa Signature Chair Secretary .!koff filo hA !Tem kl�s Printed Name Printed Name THE STATE OF TEXAS § COUNTY OF TARRANT § FORT WORTH TRANSPORTATION AUTHORITY § 1, the undersigned, Secretary of the Board of Directors for the Fort Worth Transportation Authority (the "Authority"), hereby certify that the above and foregoing is a true, full and correct copy of the duly presented and adopted by the Board of Directors, at a regular session held on the 30`h day of October, A.D. 2017, as same appears of record in the official Authority files. WITNESS my hand and seal of said Authority this 30`h day of October, A.D. 2017. Signature Secretary, Secretary,Board of Directors Fort Worth Transportation Authority NNISOkA g S Printed Name AUTHORITY SEAL EXHIBIT A TO AGENDA ITEM BA2018-05 All of the following-described TEXRail Parcels are located in the City of Fort Worth, Tarrant County, Texas. References to property additions or subdivisions are additions or subdivisions of the City of Fort Worth, Texas. Parcel X0444, a permanent access easement, containing approximately 11,650 square feet, known as 600 and 601 East 7`h Street,owned by the Ben E. Keith Company, and located in the Rebecca Griggs Survey, Abstract No. 116, and in Lot 1, Block 1, Greater Fort Worth Warehouse Company Site, and being a portion of the same property conveyed as Tract 1 and Tract 2 in Volume 7771, Page 1257 recorded in the Deed Records of Tarrant County, Texas. Parcel X0610, a storm drain easement, over property known as 3402 Runnels Street, owned by Esperanza Cordova, containing approximately 670 square feet and located in Lot 2, Block 5, Diamond Hill Highlands. CITY OF FORT WORTH RESOLUTION TO APPROVE RESOLUTIONS ADOPTED BY THE FORT WORTH TRANSPORTATION AUTHORITY'S EXECUTIVE COMMITTEE TO ACQUIRE LAND LOCATED WITHIN THE CITY OF FORT WORTH FOR THE TEXRAIL PROJECT ' x SPUR 80 � [4 l r F Premu F PS d y � : ..* - elf Allen ra `- Aran adeh d I A�ccess Esmt 4 7W E w kk e �f _ � F - .. ..- - - Feet +1�+{ }( p R it•�+L y laws. ns product a for informational purposes a�;.,;not'have been prepared for or 0 125 250 500 FoR *■L1 be suitable for legal,engineering,or surveying purposes.it does not represent an on- the-ground survey and represents only the approximate relative location of property boundaries.The City of Fort Worth assumes no responsibility for the accuracy of said data. CITY OF FORT WORTH RESOLUTION TO APPROVE RESOLUTIONS ADOPTED BY THE FORT WORTH TRANSPORTATION AUTHORITY'S EXECUTIVE COMMITTEE TO ACQUIRE LAND LOCATED WITHIN THE CITY OF FORT WORTH FOR THE TEXRAIL PROJECT W LUUJ - � •+rr rte, � � � __ 4 i I � r ° c' -10 FMVI CS PARCEL 0610 DIA -0N ID, 11 DI MOND LEM�N+C [y �]''7''[�, F2-t R . : laws.-h-5 product is for informational purposes an:may not have been prepared for or 0 125 250 500 T }1\1.1 1 be suitable for legal,engineering,or surveying purposes.It does not represent an on- the-ground survey and represents only the approximate relative location of property boundaries.The City of Fort Worth assumes no responsibility for the accuracy of said data.