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HomeMy WebLinkAboutResolution 2228A Resolution APPROVING CONDEMNATION PROCEEDINGS BY THE FW SPORTS AUTHORITY INC STATE OF TEXAS § RESOLUTION NO COUNTIES OF TARRANT AND § DENTON § WHEREAS the City of Fort Worth (the City ) created the FW Sports Authority Inc (the Sports Authority ) pursuant to Article 5190 6 Section 4B Tex Rev Civ Stat and it is now a duly incorporated non-profit corporation of Texas and WHEREAS the Sports Authority may exercise the power of eminent domain with approval by the governing body of the City as provided by Section 4B(j)of said statute and WHEREAS the City recognized the need for and authorized the taking by eminent domain of property by the Sports Authority in a Memorandum of Understanding dated May 9 1995 approved by the City Council on same date by the Council s adoption of Mayor 'and Council Communication No G-11083 and WHEREAS the Ca.ty the Sports Authority and Texas Motor Speedway Inc reduced to writing their prior understandings commitments and actions in the Master Agreement Regarding Superspeedway Complex Development (the Master Agreement )on July 31 1996 and WHEREAS the City and the Sports Authority have previously .__.. determined that the acquisition of fee simple title to the property listed in Exhibit A is necessary to the operation of the Texas International Raceway ( the Project ) and WHEREAS the Sports Authority has acquired by voluntary agreement some of the needed properties but has been unsuccessful in its attempts to acquire others Thus there exists a present necessity to institute condemnation proceedings NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS 1 That the City Council of the City of Fort Worth Texas has approved the taking by eminent domain of fee simple title to the property described in Exhibit A to this resolution by the Sports Authority for the Project CITY OF FORT WORTH 2 That the Sports Authority is authorized to proceed immediately with eminent domain proceedings Adopted and approved thi~~ day of 1996 ~' r ATTEST -^*~ '`~ '~ ..~ ~, _ ~ ~,~ City Secretary ,;. ~- Cit ~` y ; of Fort Wort~~ Texas ",,.^^r ,,~, ~Z~ Mayor City of Fort Worth Texas APPROVED CITY CC~NC~L ~~~ ~~ 1996 s~cyeaa~a~r~an,~ CITY OF FORT WORTH Exhibit A Page 1 of 8 • All the lots, and any other property Interests, located within the Country Lane Subdlvislon, an addition uI Denton County Texas, according to the plat recorded in Cabinet D pp. 342, et seq Plat Records of Denton County Texas. Most the needed property interests in the Country Lane Subdrvlslon have been voluntarily acqulred. At this time, the lots which have not been acquired are as follows: Lots 5 6, 12, 13 22, 24 25 28, 100A (i.e., the east 1/2 of Lot 100), 101 112, 114 11.6, 118, 119 127 128, 130, 133 134 137 140, 147 150, 155 156, 157 i69 174 204 and 205 • F•\WB0771 \SPEED\EXHIBIT.A • Exhibit A Page Z of 8 • PROPERTY DESCRIPTION Being a 78 376 acre tract of land situated in the A G Peterson Survey Abstract No 1664 City of Fort Worth Denton County Texas and being more particularly described by metes and bounds as follows BEGINNING at a 7/8 inch iron rod Pound for the northeast corner of said A G Paterson Survey and being the southeast corner of the N Peterson Survey Abstract No 1665 THENCE South 00 degrees 00 minutes 44 seconds West with the east line of said A G Peterson Survey and departing the south line of said N Peterson Survey a distance of 1 388 16 feet to a 5/8 inch iron rod With cap stamped 'HUitt-Zollars found in the north right-of-way line of State Highway No 114 (1.00 O right-of-way) THENCE North 89 degrees 12 minutes 43 seconds West with the north right-of-way line of said State Highway No 114 and departing the east line of said A G Peterson Survey a distance of 2 458 78 feet to a 5/8 inch iron rod set for corner in the west line of said A G Peterson Survey THENCE North 00 degrees 00 minutes 44 seconds East with th® west line of said A G Peterson survey and departing the north right-of-way line of said State Highway No 114 a distance of 1 389 11 feet to a 7/8 inch iron rod Pound for the northwest corner of said A G Peterson Survey and the southwest corner of the N Peterson Survey Abstract No 1665 THENCE South 89 degrees 11 minutes 25 seconds East with the north line of the said A G Peterson Survey and the south line of the said N Peterson survey a distance of 2 , 458 80 feet to the POINT OIL BEGINNING containing within these metes and bounds 78 376 acres or 3 414 069 square feet of land more or less • Date ~d/~ ~~r5 - ~ , ~j- ; Brad J Regist~ /. Professional Land Surveyor No 4684 NA J ~_ s~r~ ~i 1GS 1 S U'R, Exhibit A Page 3 of 8 PROPERTY DESCRIPTION Being a 53 919 acre tract of land situated in the J smith Survey Abstract No 1149 Denton County Texas and being a portion of a 106 00 acre tract of land deeded to A G Peterson and wife Lula Peterson as recorded in Volume 177 Page 151 Deed Records Denton County Texas said 53 919 acre tract of land being more particularly described by meters and bounds as follows BE(iINNINCi at a 7/8 inch iron rod found for the northeast corner of said 106 00 acre tract of land said 7/8 inch iron rod being the most westerly northwest corner of a 950 0o acre tract of land deeded to Charlotte Motor Speedway as recorded in Document No 95R0o66168 Deed Records Denton County Texas from which the northeast corner of said J Smith Survey bears by deed call recorded in Volume 177 Page 151 Deed Records Denton County Texas East a distance of 1692 58 feet THENCE South 00 degrees 07 minutes 07 seconds West with the east line of said 106 0o acre tract of land and the west line of said 950 00 acre tract of land a distance of 1297 61 feet to a 5/8 inch iron rod set for corner said 5/8 inch iron rod being the most northerly northeast corner of a 200 acre tract of land deeded to Linda Thompson Beavers as recorded in Volume 3231 Page 653 Deed Records Denton County Texas THENCB North 89 degrees 58 minutes 48 seconds West with the north line of said 200 acre tract of land a distance of 1813 58 feet to a 5/8 inch iron rod set in the west line of said 106 00 acre tract said 5/8 inch iron rod being the most northerly northwest corner of said 200 acre tract of land THENCB North 00 degrees 33 minutes 29 seconds East with the west line of said 106 00 acre tract of land a distance of 1299 74 feet to a 5/8 inch iron rod set for the northwest corner of said 106 00 acre tract of land • THENCE South 89 de rees 54 minute 51 d north line of s g s aid 106 00 acre tract secon s East with the at a distance of 883 72 feet passing a 7/8 inch iron rod foun d for the most westerly southwest corner a 809 938 acre tr act of land deeded to Hillwood/114 & I -35 Ltd as described i n deed recorded in Volume 2470 Page 696 Dead Records Denton County Texas in all a distance of 1803 61 feet to the POINT OF 88GiINNINC~ and containing 53 919 acres or 2 348 730 square feet of land more or less Notes • 1 ) Bearings based from the north line of the N Peterson Survey Abstract No 1665 (South 89 degrees East) as defined in Tract 1 to Hillwood/114 & I-35 Ltd 2 ) According to the Flood Insurance Rate Map for Denton County Texas, Dated June 2 1994 Community Panel No 480774 0170 C this subject tract is not located within a special flood hazard area Date l~ - ~ ~ ff~ Signed ~ ~ _ .~ ~ ~ ~/'I Sr J Gorrondona R P L S No 4684 Exhibit ' A" Page 4 of 8 • PROPERTY DESCRIPTION Being a 196 883 acre tract of land situated in the J Smith Survey Abstract No 1149 Denton County Texas and being a portion of a 200 00 acre tract of land deeded to Linda Thompson Beavers as recorded in Volume 3231 Page 653 Deed Records Denton County Texas said 196 883 acre tract of land being motet particularly described by meters and bounds as follows BEGINNING at a 7/8 inch iron rod found at the intersection of the west line of said 200 Oo acre tract of land with the north right- of-way line of State Highway No 114 (a ioo O right-of-way) said 7/8 inch iron rod being the southeast corner of Bloc}c 1 of one 14 Subdivision an addition to Denton county Texas according to the plat recorded in Cabinet G Page 190 Plat Records Denton County Texas from which the most southerly southwest carnet of said 200 00 acre tract of land bears South 50 00 feet T$ENC$ North 00 degrees 32 minutes 30 seconds East with the west line of said 200 0o acre tract of land and the east line of said B1ocX 1, a distance of 3286 09 feet to a 1 & 1/2 inch steel pipe found for corner said 1 & 1/2 inch steal pipe being a re-entrant corner of said 200 00 acre tract of land and being the northeast corner of said Block 1 THE2~ICE North 89 degrees 58 minutes 48 seconds West with the most westerly south line of said 200 00 acre tract of land and the north line of said Bloc}e 1 a distance of 1256 12 feet to a 5/8 inch iron rod set for the most westerly southwest corner of said 200 00 acre tract of land and being the northwest corner of said Hloclc 1 • • TBEDtCE North 00 degrees 33 minutes 29 seconds East with the west line of said 200 00 acre tract of land a distance of 1286 45 feet to a 5/8 inch iron rod set for the northwest corner of said 200 00 acre tract of land THENCE South 89 degrees 58 minutes 48 seconds East with the north line of said 200 0o acre tract of land a distance of 1813 58 feet to a 5/8 inch iron rod set for the most northerly northeast corner of said 200 00 acre tract of land said 5/8 inch iron rod also being in the west line of a 950 0o acre tract of land deeded to Charlotte Motor Speedway as described in deed recorded in Document No 9580066168 Deed Records Dentan County Texas THENCE South 00 degrees 07 minutes 07 seconds West with a common line of said 200 00 sore tract of land and said 950 00 acre tract of land a distance of 1285 16 f eet to a 7/8 inch iron rod found for a re-entrant corner of said 200 00 acre tract of land and a re-entrant corner of said 950 00 acre tract of land THENCE South 89 degrees 21 minutes 10 seconds East with a common line of said 200 0o acre tract of land and said 950 00 acre tract of land a distance of 605 78 f eet to a 7/8 inch iron rod found for a re-entrant corner of said 200 00 acre tract of land and a re-entrant corner of said 950 00 acre tract of land TXiENCE South 00 degrees 20 minutes 44 seconds West with a common line of said 200 0o acre tract of land and said 950 00 acre tract of land a distance of 1083 48 feet to a 7/8 inch iron rod found for a re-entrant corner of said 200 0o acre tract of land and a re-entrant corner of said 950 00 acre tract of land ~f '1 Page 1 of 2 Exhibit A Page 5 of 8 THSNCS South 89 degrees 13 minutes 39 seconds East with a common line of said 200 00 acre tract of land and said 950 00 acre tract of land a distance of 1064 23 feet to a 7/8 inch iron rod found for the most easterly northeast corner of said 200 00 acre tract of land and being a re-entrant corner of said 950 00 acre tract of land T$ENCS South 00 degrees 33 minutes 21 seconds West with the most easterly line of said 200 00 acre tract of land and with a west line of said 950 0o acre tract of land a distance of 824 34 feet to a 7/8 inch iron rod found for a re-entrant corner of said 950 00 acre tract of land and being the northwest corner of the A G Peterson Survey Abstract No 1664 Denton County Texas THENCE South o0 degrees 00 minutes 44 seconds West with the most easterly line of said 200 00 acre tract of land and with the west line of said A G Peterson Survey a distance of 1389 11 feet to a 5/8 inch iron rod set at the intersection of the east line of said 200 00 acre tract of land with the north line of said State Highway No 114 THENCE North 89 degrees 12 minutes 35 seconds West with the north line of said State Highway No 314 a distance of 2253 66 Peet to the POINT OF BEC;INNINO and containing 196 883 acres or 8 576 202 square feet of land more or less Notes 1 ) Bearings based from the north line of the N Peterson Survey Abstract No 1665 (South 89 degrees East) as defined in Tract 1 to Hillwood/114 & I-35 Ltd 2 ) According to the Flood Insurance Rate Map for Denton County Texas Dated June 2 1994 Community Panel No 480774 0170 C portion of this subject tract is located within a special flood hazard area Date ~~ ~ / Z. s~~~/J a' O / ~ BRAD 1 ~OZRaNO%°~A / ~ 9 ~ ~4GEi4 ~~ '? Signed -_ /~ --~i i 1~ i~ ~~ /` ~~ SU~.t.L ~ ~ / Brad J, Gorrondona R P L S No 4684 I Exhibit A Page 6 of 8 pRdPERTY DESCRIPTZOl~ • Being a 6 3'74 acre tract or land situated in the J ssaitla Survey abatraot I+o 12a9 Denton County Toxas and being chat samo tract of land de+dod to Vivian A I.ambart Bolton as r.cardsd im Valums 3183 Pags 7'S3 Dssd Racorda Denton County Texas said 6 174 acre tract of land bsir-q snore particularly dsscril;~sd Ay saetes and bounds as Zollowss s8b2~TfTZNts at m 5/8 inch iron iCOd set in the Nast line or a 30 O' aids ingrssa and egress saaemeat described in said Bolton DCed rscordod in voluas 3183 Pegs 753 Dyed Ytecords Denton County, Toxas, Zor the northwest corner of said SoitoYi tract of land and the aouthwsst corner of a tract of land dee~dsd to Doyle O hood and ails Susan D wood as recorded in Voluaia 1d6o Pags 8ds Domed ReCOrds Denton County Texas, said 5/8 inch iron rod set being Soutxt oo degrees 22 nitrfutssa 3i secos+dts weal a dis~anca of 1637 78 tact troA a 1/2 inch iron rod toured for the northwest corner of a 125 29 acts tract o! land deeded to W N Rider Jr and Jaok 7Erickson as recorded in Volume 907, Fags 630, Desd Records Denton County Texas said northwest cozitez of said xis 29 acts tract oZ land being c:fled by dead flea north~rsst comer of said J 3sseith survey abstract No 1149 T~iC= South 89 dsgrses* 37 7ttittutes 29 aeconda Hast with the north fins of said Bolton tract oZ land and the south lire or said Wood tract of lased at a dietaries oZ 30 00 Zsot passing the east lisle of said 30 O wide ingress and agrs6a saas:sant is1 all a distance o! ills 50 test to a 5/8 inch iron rod set in the moat `+estarly lfns of s tract o= land deeded to Linda Thompson Beavers as recorded iii Volusss 3231 Pags 653 Dead Records, Dsntoi~ County Tsxass; T'82"~[CS South 0o dsgra.s 33 minutes 29 seconds iPest witA tins moat westerly crest Line of said 6eavars tYt~eC of land, a distariaa of 226 62 toot to a 5/$ incta iron rod aa~t rot cori~ior s'SESiC'B North 89 degrees 37 mistutsa 29 sacotids wstat with flue south lies oZ stsid Bolton tract a! land and the north lino o! a Crest pf land deeded to E G Glowax Jr and vita, Jaya Glover as recorded in Voluas 1012. Pegs 453, Dead Records, Denton County Tsxas at a distarics at i19d 78 fast passis-q tea east line of said irigz'sss and egress sassmesaC its all a diaLariaa OZ 1.224 78 test to a 1/s inch iron rod found for thei aouthweat cornet' o~ said Bolton tract of land and Zor the northwest correct of said Glover Tract O! land TSmICE 2tortA 00 degrees 22 sirtutes 31 asconda East with the west line. oZ sofa Holton tract and tA6~ west line oZ said 30 o wide istgrsss aryd agrees easement a dietarscs at 226 62 Zeet to the rozarT OP Baaisix=sKa acid eosttstin~nq 6 37s acres or 277 641 atjuars tact of Ia»Q sore or Zsss Notes 1 ) Bearings based troa the nortA line oZ the N Peterson Survey J-bstract No 1665 (South 89 degrees sa::tj as donned iri Treat 1 to Hillwood/114 i~ Y-3S, Ltd and recorded in Vo2utre 2d70 Pege 696 Dssd Racorda Dantori County Tsxas 2 ) According to th. ]Flood Insurance Rats flop !or Dentors Count,I Tsxas, Dated Juna 2 199d Cotasaunity Panel No 480774 oI70 C t2ais subject tract is not located within n at flood haztard area Q Date _/o Z.~~Qe/~ Signori ~~.../~f~-12---y.-~i• ar J Gox-rondana R' P L 8 Ho d684 Exhibit 'A" Page 7 of 8 That oeztaics puael o[ rr~l pooFcrty situated in Denton Count1r, Texas acid being a tact of IaAd out of the Abc~sa M. Gawhucjr Surtrey-, Absuatt No. ~, and bcissg ~e particu~ desasbcd zs Tottaws: Begiuaissg at a ~ found is tt:c Southeast aw~aet of said Gawtttte~ Sutvcy- 'Ihcstoc along the Sowb tine of said Gavrits>ty Survey North 88 degtca 43 minnta~ SO seconds west, I, 00215 feat to ass iron tod for cartua; '~henoc Nottb. Y71.44 acct to an iron rod tot txsrncr; 'ihenc~e East, 143.00 feet to an iron rod at the bcgiaaivg of a ensue b the Left wboac Dauer bears North 800.00 feet; ' 'mcnsx along said curve. through a ccntrat angel of 3Z dcgrcts 28 tuissutca,. 4S33Z ket to as &oa rod at the es:d of skid airve. said point being at the begsrteistg of i curve to the rigj~i whose cesttu bears South 32 degrees Z8 sasautes East, 500.00 feet; Thczsrc along said curve, through a ces:tral angle of 3Z dcgrcas ?~ minutes, • 4S33Z feet to as iron rod at the'cssd of said curt, said points being in the East gae of raid Gawttstcy Survey; 'fltcr~ac ~1oag the E~ gne of said Gawltttcy Surey, South S43.1I ket to tha Plaoe of tiegiaaing, and oontaissiag ~ acres, ttfote ~ ~„ Exhibit A Page 8 of 8 f A tract of laud situated ui Denton County, Texas, and berg a tract of laird out of the 3. Ivey Survey Abstract No. 649 being more particularly described as follows: A 226 foot wide tract of land abutting the tract of land conveyed to Vivian A. Lambert Bolton (as recorded in Volume 1460, page 735 of the Real Estate Records of Denton County Texas) and extending vve:stward to abet with Highway 156. F•1GV$07711SPEEDILAMBART.DE • City of Fort Worth Texas Mayor and Council Communication 1 1 DATE 10/29/96 REFERENCE NUMBER L-11852 LOG NAME 12COAU PAGE 1 of 1 SUBJECT ADOPTION OF RESOLUTION APPROVING CONDEMNATION PROCEEDINGS BY THE FW SPORTS AUTHORITY INC FOR TEXAS INTERNATIONAL RACEWAY PROJECT RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving and authorizing condemnation proceedings by the FW Sports Authority Inc to acquire property for the Texas International Raceway project DISCUSSION The FW Sports Authority Inc (the Sports Authority) has determined that the acquisition of certain property as identified in Exhibit A of the attached resolution is necessary for the Texas International Raceway project Although representatives ofthe Sports Authority have participated in good faith negotiations with the property owner(s) it is unable to purchase the property by agreement, necessitating the ~, institution of condemnation proceedings Under state law the Sports Authority may exercise the power of eminent domain only upon the approval of the City Council (Art 5190 6 Sec 4B(j) RCS ) Funding for all costs associated with property acquisition is provided by the Operator of the Texas International Raceway pursuant to Sec 3 3 of the Master Agreement Regarding Superspeedway Complex Development (City Secretary Contract No 22023) FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that approval of the above recommendation will have no material effect on City funds CB m Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 APPROVED Originating Department Head: CITY CQUNCIL grade Adkins 7623 (from) n~T ,may u4 ~ s~i~ 1~' For Additional Information °""'~~ ~9~'~'~'~ Cit S t f th Contact: y acre azy o e Citp of Fort Worth, Xezas Wade Adkins 7623 Printed on Recycled Paper Adopted Resalutton No ~