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HomeMy WebLinkAboutOrdinance 19851-08-2011Ordinance No.19851 -08 -2011 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SH121T SOUTHWEST PARKWAY FUND IN THE AMOUNT OF $34,700.00, SUBJECT TO RECEIPT OF A REIMBURSEMENT FROM UNION PACIFIC RAILROAD, FOR ADDITIONAL IMPROVEMENTS TO EDWARDS RANCH ROAD; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2010 -2011 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the SH121T Southwest Parkway Fund in the amount of $34,700.00, subject to receipt of a reimbursement from Union Pacific Railroad, for additional improvements to Edwards Ranch Road. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No.19355 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APP O FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: Auqust 23. 2011 UPRR / SH121 BOUNDARY LINE WEST END OF DAVIDSON YARD EAST OF BRYANT IRVIN ROAD F. G. BEASLEY SURVEY, ABSTRACT NO. 135 S. C. INMAN SURVEY, ABSTRACT NO. 824 CITY OF FORT WORTH TARRANT COUNTY, TEXAS EXHIBIT "A" Being a 1.167 acre tract of land situated in the F. G. Beasley Survey, Abstract No. 135 and the S. C. Inman Survey, Abstract No. 824, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land deeded from Edwards Geren Limited to the City of Fort Worth, Texas, for the Right -of -Way of State Highway 121, by Deed dated April 27, 2005 and recorded in County Clerk's File No. D205 1 1 8475 of the Deed Records of Tarrant County, Texas, said 1.167 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the northeast corner of said tract of land deeded to the City of Fort Worth, Texas, said 5/8 inch iron rod with cap stamped "GORRONDONA" being an exterior ell corner in the north right -of -way line of State Highway 121 and an interior ell corner in the south line of the Union Pacific Railway Company's Davidson Yard; THENCE South 12 degrees 56 minutes 00 seconds East, with the east line of said tract of land deeded to the City of Fort Worth, Texas, with the north right -ot -Nti ay line of said State Higim ay 121 and with the south line of said Union Pacific Railway Company's Davidson Yard, a distance of 39.82 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner one foot south of an existing east /west fence line, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" found for an interior ell corner in the north right -of -way line of said State Highway 121 and for an exterior ell corner in the south line of said Union Pacific Railway Company's Davidson Yard bears South 12 degrees 56 minutes 00 seconds East, a distance of 53.11 feet, said 5/8 inch iron rod with cap stamped "GORRONDONA" being in the east line of said tract of land deeded to the City of Fort Worth, Texas; THENCE South 67 degrees 16 minutes 26 seconds West, one foot south of and parallel with said existing east/west fence line, a distance of 174.23 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE South 67 degrees 26 minutes 28 seconds West, one foot south of and parallel with said existing east/west fence line, a distance of 263.01 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE South 67 degrees 14 minutes 51 seconds West, one foot south of and parallel with said existing east /west fence line, a distance of 367.63 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE South 67 degrees 24 minutes 37 seconds West, one foot south of and parallel with said existing east/west fence line, a distance of 515.50 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; Page I of 2 C;ORRONDONA &ASSUCIAIES -IN( o707 BRENTWOOD SI AIR RD. SUPEW FORTWORTH 1FXAS `6112 RI' -440 "1424 FAX917 -440 -1768 THENCE South 69 degrees 42 minutes 43 seconds West, one foot south of and parallel with said existing east/west fence line, a distance of 355.04 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner: THENCE South 72 degrees 37 minutes 42 seconds West, one foot south of and parallel with said existing east/west fence line, a distance of 293.08 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA- set for corner; THENCE South 69 degrees 31 minutes 56 seconds West, one foot south of and parallel with said existing east /west fence line, a distance of 90.56 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner in north line of said tract of land deeded to the City of Fort Worth, Texas and in the north right -of -way line of said State Highway 121, from which a 5/8 inch iron rod with cap stamped "GORR0 DONA" found for corner in the north line of said tract of land deeded to the City of Fort Worth, Texas and in the north right -of -way line of said State Highway 121 bears South 64 degrees 02 minutes 00 seconds West, a distance of 747.30 feet; THENCE North 64 degrees 02 minutes 00 seconds East, with the north line of said tract of land deeded to the City of Fort Worth, Texas and with the north right -of -way line of said State Highway 121. a distance of 325.65 feet to a 5/8 inch iron rod with cap stamped -GORRONDONA" found for corner in the south line of said Union Pacific Railway Company's Davidson Yard; THENCE North 78 degrees 13 minutes 00 seconds East, with the north line of said tract of land deeded to the City of Fort Worth, Texas, with the north right -of -way line of said State Highway 121 and with the south line of said Union Pacific Railway Company's Davidson Yard, a distance of 276.03 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA- found for corner: THENCE North 66 degrees 17 minutes 00 seconds East, with the north line of said tract of land deeded to the City of Fort Worth, Texas, with the north right -of -way line of said State Highway 121 and with the south line of said Union Pacific Railway Company's Davidson Yard, a distance of 1468.23 feet to the POINT OF BEGINNING, and containing 50,847 square feet or 1.167 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. February 2, 2011 Richard Kennedy, Texas No. 5527 Page 2 of 2 t RD SUFFF. 50 1 OR I WOK 111. 1 LXAS 7611_' 817 -496 1424 FAX 817 496 . 1768 W "It o VNONO2ROJ •! >- > C14 dVO /M ai.e /s ONA 00 . ° in m SdN� W t?'; M� d ` o .me gg n � i Z Z O -J c7 Z w. 0° Z Q - °D ID o N O N Lo LL N N • f— � N P z S V) C14 m U, Q y n_ N•. o � o m m � N o a a co G o . 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'•" _I� �,` M?F9.r)5 DETAIL SHOWING PROJECT SITE LOCATION s/ t iof rr � DETAIL SHOWING PROJECT SITE LOCATION City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/23/2011 - Ordinance Nos. 19850 -08 -2011 & 19851 -08- 2011 DATE: Tuesday, August 23, 2011 LOG NAME: 06UPRR SUPPLEMENTAL AGREEMENT REFERENCE NO.: * *C -25108 SUBJECT: Authorize a Supplemental Reimbursement Agreement with Union Pacific Railroad for the Development of the Chisholm Trail Parkway in the Amount of $75,000.00, Authorize the Sale of Surplus Property to Union Pacific Railroad in the Amount of $116,948.00, Accept Reimbursement in the Amount of $34,700.00 from Union Pacific Railroad for Additional Improvements to Edwards Ranch Road and Adopt Appropriation Ordinances (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Supplemental Reimbursement Agreement with the Union Pacific Railroad for the Development of the Chisholm Trail Parkway in the amount of $75,000.00; 2. Authorize the sale of a 1.167 acre parcel of City owned property to the Union Pacific Railroad for the amount of $116,948.00; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the 2007 Critical Capital Projects Fund in the amount of $116,948.00 from available funds; 4. Authorize the accept of a reimbursement of $34,700.00 from Union Pacific Railroad for additional improvements to Edwards Ranch Road; and 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the State Highway 121 T Southwest Parkway Fund in the amount of $34,700.00. DISCUSSION: On September 22, 2009, (M &C C- 23781) the City entered into Amendment No. 5 with the Union Pacific Railroad (UPRR), the North Texas Tollway Authority (NTTA) and the State of Texas to advance the construction of the Chisholm Trail Parkway and the reconstruction of the Hulen Bridge over the Davidson Yard. One component of Amendment No. 5 provided for the City to fund a maintenance road on the East Bank of the Trinity River across UPRR's right of way. Funding was provided in Amendment No. 5 in the amount of $100,000.00. However, due to modifications in the design, the projected final cost of the improvement is now estimated at $175,000.00. This is due in large part to an adjacent retaining wall that was needed to meet United States Army Corps of Engineers and Tarrant Regional Water District permitting requirements. Staff has reviewed the design and construction estimates and finds them to be fair and reasonable. In addition, as the design of the railroad improvements progressed, UPRR discovered a 1.167 acre Logname: 06UPRR SUPPLEMENTAL AGREEMENT Page 1 of 2 encroachment onto property the City acquired from Edwards - Geren, Ltd. (EGL) (M &C L- 14066). The NTTA has confirmed that this 1.167 acres of property is not required for the construction and operation of the Chisholm Trail Parkway. UPRR has made an offer to purchase this property for $116,948.00 based on an independent appraisal. Staff finds this offer to be fair and reasonable and recommends approval of this sale. Given that the EGL property was purchased under the City's federal reimbursement grant, any proceeds from the sale must be reinvested into the Chisholm Trail Parkway. Staff recommends that the $116,948.00 in compensation for the 1.167 acre parcel be used to support the additional $75,000.00 in increased costs for the East Bank Maintenance Trail (a component of the overall Chisholm Trail Parkway Project.) Lastly, during construction of Edwards Ranch Road, EGL and UPRR approached the City with a desire to construct an additional median opening to provide enhanced development opportunities for the Edwards Ranch and improving construction access for UPRR. EGL prepared the design, the City has constructed the improvement as part of the roadway project, and UPRR has agreed to reimburse the City $34,700.00 for the improvement. This portion of the Chisolm Trail Parkway is located in CITY COUNCIL DISTRICT 3 and this series of transactions will accomplish the City wide goals established by the Citizens Advisory Committee and approved by the City Council in the plans for the Parkway. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated, of the 2007 Critical Capital Projects Fund and the State Highway 121 T Southwest Parkway Fund. FUND CENTERS: TO Fund /Account/Centers 2) C295 444100 303210000580 3) C295 444100 303210000580 3) C295 541200 303210000580 4) C221 488100 303230010783 5)C221 448100 303230010783 5) C221 541200 303230010783 CERTIFICATIONS: FROM Fund /Account/Centers $116,948.00 1) C295 539120 303210000580 $116,948.00 $116,948.00 $34,700.00 $34,700.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: $34,700.00 Fernando Costa (6122) Randle Harwood (6101) Bryan Beck (7909) $75,000.00 Logname: 06UPRR SUPPLEMENTAL AGREEMENT Page 2 of 2