HomeMy WebLinkAboutResolution 5113-06-2019 A Resolution
NO. 5113-06-2019
A RESOLUTION DETERMINING THE NECESSITY FOR ACQUIRING REAL
PROPERTY AND AUTHORIZING ITS APPROPRIATION OR
CONDEMNATION FOR PUBLIC USE
WHEREAS, the Fort Worth City Council on June 25, 2019, in M&C L-16244, ordered and
decreed that a public necessity existed for a total of 0.75 acres of land in right-of-way easement located
in the William McCowens Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas, also
known as 8700 Harmon Road in the exhibits attached to the above-referenced M&C; those exhibits are
incorporated herein for all purposes (the "Property");
WHEREAS, the Fort Worth City Council has determined that:
- the Property is needed for Harmon Road Improvements (the "Project");
- public necessity required the acquisition by condemnation of the Property, located within the
alignment of the Project;
- the use of the Property will be a public use; and
- the Real Property Division of the Property Management Department is authorized to acquire
by negotiation the Property needed for the Project.
WHEREAS,the City of Fort Worth will acquire the needed property interests to obtain clear title;
and
WHEREAS,on this 251h day of June, 2019, at a regular meeting of the Fort Worth City Council,
upon Motion of Mayor Pro tem Shingleton, to wit:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire a total of 0.75 acres of land for a right-of-way easement from property owned
by Harmon 38 Investments, L.P. and located within the William McCowens Survey, Abstract No. 999,
City of Fort Worth, Tarrant County, Texas, also known as 8700 Harmon Road. The property is needed
for the Harmon Road Improvement Project.
The property is further described by metes and bounds and depicted by survey exhibits attached
to this Mayor and Council Communication.
Seconded by Jordan,duly put and carried: RESOLUTION.
ORT WORT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
The City of Fort Worth, Texas, is authorized to use the power of eminent domain to acquire the
Property for the public use and inclusion in the Project; and
The City Attorney be and is hereby authorized and directed to file or cause to be filed, to spend all
reasonable and necessary legal expenses, and to carry through to final judgment proceedings in eminent
domain for the acquisition of the property interest listed above and attached to the M&C.
Adopted this 251h day of June 2019.
FQR
ATTEST:
By: _ r U
Mar KayseWl S t y
Y
''CAS •:..
ORT WORT
HARMON ROAD INTERSECTION IMPROVEMENTS
CITY PROJECT NO. 100459
PARCEL NO. 21
8700 HARMON RD
WILLIAM MCCOWENS SURVEY, ABSTRACT NO. 999
EXHIBIT"A"
Being a 1.13 acre tract of land situated in the William McCowens Survey, Abstract No. 999, City
of Fort Worth,Tarrant County, Texas, said 1.13 acre tract being all of a tract of land referred to as
Parcel 2 deeded to Harmon 38 Investments, LP in County Clerk's File No. D217255723 of the
Deed Records of Tarrant County, Texas, said 1.13.acre tract of land being more particularly
described by metes and bounds as follows: j
COMMENCING at a 1/2 inch iron rod with cap stamped-,"Eagle Surveying" found for the
apparent northeast corner of a tract of land referred to as-Parcel 1 deeded to Harmon 38
Investments,LP in County Clerk's File No:D217255723 of said•DeedRecords of Tarrant County,
Texas, said 1/2 inch iron rod with cap stamped `Eagle Surveying" being the most northerly
northwest corner of Lot 5,Block-A,of The Presidio,an addition-to the City of Fort Worth,Tarrant
County,Texas, as recorded in County Clerk's File No. D208248823 of the Plat records of Tarrant
County, Texas, said 1/2 inch iron rod with cap stamped"Eagle Surveying"also being in the south
right-of-way line of Presidia Vista Drive (a 60' right-of-way) as recorded in Cabinet A, Slide
12788, of said Plat Records of Tarrant County, Texas, from'which a 5/8 inch iron rod with cap
stamped"KHA"found for an angle point in the apparent east line of said Parcel 1 bears South 44
degrees 17 minutes 38 seconds West, a distance of 14.24 feet, said 5/8 inch iron rod with cap
stamped "KHA" also being an angle point.in west line of said Lot 5; THENCE South 88 degrees
53 minutes 18 seconds West,with the south right-of-way line of said Presidio Vista Drive and with
the north line of said Parcel 1, a distance of 84.94 feet, to a Mag Nail with shiner-stamped
"Gorrondona &Associates" set for the southwest corner of said Presidia Vista Drive, said Mag
Nail with shiner stamped"Gorrondona&Associates"being the northwest corner of said Parcel 1,
said Mag Nail with shiner stamped "Gorrondona& Associates" also being in Harmon Road, an
undedicated right-of-way;THENCE North 00 degrees 16 minutes 53 seconds West,with the west
line of said Presidio Vista Drive and with said Harmon Road, a distance 60.03 feet to a Mag Nail
with shiner stamped "Gorrondona & Associates" set for the POINT OF BEGINNING of the
herein described 1.13 acre tract of land, said Mag Nail with shiner stamped "Gorrondona &
Associates"being the northwest corner of said Presidio Vista Drive;
THENCE North 00 degrees 16 minutes 53 seconds West, with the west line of said Parcel 2 and
with said Harmon Road, a distance of 654.61 feet to a Mag Nail with shiner stamped
"Gorrondona&Associates"set for the northwest corner of said Parcel 2;
I
EXHIBIT"A" Page 1 of 3 .
THENCE North 89 degrees 00 minutes 17 seconds East, with the north line of said Parcel 2, at
64.79 feet pass a 5/8 inch iron rod with cap stamped "BHB INC" found for the
southwest corner of Lot 1,Block 25,of Presidio Village South, an addition to the City
of Fort Worth, Tarrant County, Texas, as recorded in County Clerk's File No.
D213203525 of said Plat Records of Tarrant County, Texas, in all, a distance of 74.72
feet to a point for the apparent northeast comer of said Parcel 2, said point also being
the northwest corner of Lot 1R, Block B, of The Presidio, an addition to the City of
Fort Worth, Tarrant County, Texas, as recorded in County Clerk's File No.
D217101003 of said Plat Records of Tarrant County,Texas,from which a 1/2 inch iron
rod with cap stamped "Eagle Surveying" found for reference bears North 65 degrees
43 minutes 08 seconds West, a distance of 0.53 feet;
THENCE South 00 degrees 17 minutes 55 seconds East,with the apparent east line of said Parcel
2 and with the west line of said Lot 1R,passing at 436.57 feet, the north corner of an
area of dedicated right-of-way, as recorded in County Clerk's File No.D217101003 of
said Plat Records of Tarrant County,Texas,in all,a distance of 644.46 feet to an angle
point in the apparent east.-line of said Parcel 2, said point also being an angle point in
the west line of The Presidio as recorded in County Clerk's File'No, D2f7101003 of
said Plat Records of Tarrant County, Texas, from which a 1/2 inch iron rod with cap
stamped"Eagle Surveying"found for reference bears North 83 degrees 58 minutes 15
seconds West, a distance of 0.75 feet;
THENCE South 45 degrees 42 minutes 18 seconds East,with the apparent east line of said Parcel
2 and with the west line of The Presidio, as recorded in County Clerk's File No.
D217101003 of said Plat Records of Tarrant County, Texas, a distance of 14.04 feet to
a point for the apparent southeast comer of said Parcel 2, said point being the most
southerly southwest corner of The Presidio, as recorded in County Clerk's File No.
D217101003 of said Plat Records of Tarrant County, Texas, said point also being in
the north right-of-way line of said Presidio Vista Drive,from which a 1/2 inch iron rod
found for reference bears North 88 degrees 41 minutes 24 seconds West, a distance of
0.81 feet;
THENCE South 88 degrees 53 minutes 18 seconds West,with the south line of said Parcel 2, and
with the north right-of-way line of said Presidio Vista Drive, a distance of 84.92 feet to
the POINT OF BEGINNING and containing 49,021 square feet or 1.13 acres of land,
of which 16,365 square feet or 0.38 acres lies within the apparent right-of-way of said
Harmon Road, leaving a net area of 32,656 square feet or 0.75 of land,more or less.
EXHIBIT"A" Page 2 of 3
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings and coordinates are referenced to the Texas Coordinate System,
NAD-83, The North Central Zone 4202, all distances and areas shown are
surface.
Date: February 28,2018
I
Curtis Smith �E OF T
Registered Professional Land SurveyorF-ly
No. 5494 `'�� � °
Texas Firm No. 10106900 CURTIS SMITH
5494,�a�� �
ti0 SURF'
EXHIBIT"A" Page 3 of 3
MATCHLINE PARCE XHIEBNT zf'B "
RIGHT-OF-WAY 1 APPROXIMATE LOCATION OF
ACQUISITION AREA 30.0' WATER LINE EASEMENT
F.. I I VOLUME 10347, PAGE 708 ^
32,656 SQ. FT. OR ; ::: :... 1 I M
I' PAS PING AT 436.57' D.R.T.C.T.
0.75 ACRES (NET) . ::i:::.p:•:� I P SVRv
........:::i::;'' i PARCEL 2 MCCOwECs s 999
1.13 ACRES
HARMON 38 INVESTMENTS, LP BS�RP
C.C.F. No. D217255723 P K $
O o D.R.T.C.T. 1 R, 5 D1010 p3
AREA OF DEDICATED L T E P D 1710
z c�Of 3 i';::' 1 R.O.W. BY PLAT,•.::.
co :::::::::?::::1.:: I THE PRESIDIO
o i::: C.C.F. No. D217101003
Qw I I P.R.T.C.T.
Ir� " ' PRESIDIO VISTA DRIVE
u9 i:: :: :::=:: ,i!n1 I 1/2" IRON ROD WITH CAP
w <o�::.:: :;;,:.'•::;;:::1;•:•:1I�1 1 STAMPED "EAGLE SURVEYING" (A 60.0' RIGHT-OF-WAY, CABINET A
FOUND FOR REFERENCE
Z bk•.••,.••.•.•..,•,.,••.,.,�$i i SLIDE 12788, PLAT RECORDS OF
BEARS N 83'S8'15"W 0.75'
=: : :::+:. TARRANT COUNTY, TEXAS)
P.O.B. I ::::::.:�:: i::: :F::•:: 1/2"IRON ROD FOUND
I FOR REFERENCE BEARS
SET MAG NAIL WITH ::::[::! N 86'41'24W 0.61' — — —
SHINER STAMPED "' —
"GORRONDONA do I P.O.C.
ASSOCIATES" I I
I 1 1 1/2" IRON ROD WITH CAP
N 00'16'53 W I I STAMPED "EAGLE SURVEYING" — _ —
SET MAG NAIL WITH
SHINER STAMPED 84.94 I S 4417'38"W 81,0 p1O
"GORRONDONA & i I I 1 14.24' LOT S,pRE$I 48823
ASSOCIATES" I I 1 I FND 5/8" IRON ROD TgE p2082
APPROXIMATE I WITH CAP STAMPED "KHA" C.C.F. 140. T.C.T.
SURVEY LINE I I I I I APPROXIMATE LOCATION OF 30'
I I I EASEMENT ANTERO RESOURCES, INC.
C.C.F. No. D204302113
APPARENT TH
11 ! D.R.T.C.T.
RIGHT—OF—WAY II I I PARCEL 1
j 3.63 ACRES (BY DEED)
1 II I HARMON 36 INVESTMENTS LP
DI C.C.F. No. D217255723
S 45' 2 8 E 14.0 t D.R.T.C.T.
L-2 S 88.5318 8 ,92 I 1
NOTES: 100 50 0 100
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS
SHOWN ARE SURFACE. SCALE IN FEET
o�rWoRT City of Fort Worth
1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102
HARMON R OAD
of T
INTERSECTION IMPROVEMENTS ,�P: ei�sTeR F+
PARCEL NO. 21 ICITY PROD. NO. 100459
RIGHT-OF-WAY ACQUISITION " C. : I$-SMITH
OWNER: HARMON 38 INVESTMENTS LP :,P 5494-
SURVEY: WILLIAM MCCOWENS SURVEY ABSTRACT NO. 999 fS ��
LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS •.
ACQUISITION AREA: 32,656 SQUARE FEET OR 0.75 ACRES (NET) S.
WHOLE PROPERTY ACREAGE: 49,021 SQUARE FEET OR 1,13 ACRES CURTIS SMITH
JOB No. KHA-1704.00 DRAWN BY: SHS CAD FILE: 21.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: FEBRUARY 2B 2018 EXHIBIT B PAGE 1 OF 2 SCALE: 1" - 100' N0. 5494 TEXAS FIRM No. 10105900
GORRONDONA & ASSOCIATES, INC. " 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 " 817-496-1424 FAX 817-496-1788
EXHIBIT "B "
PARCEL No. 21
�I I
I
I j APPROXIMATE LOCATION OF
I 30.0' WATER LINE EASEMENT G�W�NS No• gg9
I VOLUME 10347, PAGE 708
I j D.R.T.C.T. MC
1/2" IRON WITH CAP STAMPEDBLOCK spUT
jT 64.79. I EFOREREFER REFERENCE BEARS FOUND
LOT 0 PyILLA�320g525
PASSIING FND 5/8"ARON ROD II N 6543'08"W 0.53' 15' GAS GATHERING pREsIpI N°• p7-'32
WITH CAP STAMPED j f PIPELINE EASEMENT C C.F• P.
.T-
D204359830, D204307922
"BHB INC." 1 j C.R.T.C.T.
I I 30' INGRESS/EGRESS AND
• " I GAS GATHERING EASEMENT
N 74.74' E � r� — C.C—F—D�R.T.COT333137 ---------- ---------
----
SET MAG NAIL WITH I — — — — —
SHINER STAMPED .........................
-- ----- ------------------
"GORRONDONA :i I
—
w.:.•- .. .• II 1ASSOCIAIES I 15' GAS GATHERING EASEMENT: ^"': ::: a LI— -I C.C.F. No. D204302113
APPROXIMATE ::::::: ::•{' I { I D.R.T.C.T.
SURVEY LINE ::
APPARENT } •'j I I I APPROXIMATE LOCATION OF 30'
RIGHT—OF—WAY '='I '- I I I ANTERO RESOURCES, INC. EASEMENT
'" '''`""'y''`I — C.C.F. No.-D2043 021 1 3
{:::.= D.R.T.C.T.
I i
•t.h::::::::::::..... LOCK B
Q o :::.::.::.:::::{•::: RIGHT-OF-WAY L TO pR 2 71 p 1 3
I ;: :.:? ,�i ACQUISITION AREA po• D C T.
F• T•
�n:::::-::::::::::}::•:: �i I 32,656 SQ. FT. OR C.C• Ft•
z io•: :`.'t:': :;:;:;;:�::: �J 0.75 ACRES (NET)
o b.: :`.::: { blcni
f
U
:::::.:.:::.:i::.: I I I PARCEL 2
w :r.•::� ► i 1.13 ACRES
Q o � '::::I:::' l i 1 HARMON 38 INVESTMENTS, LP
= Z C,C.F. No. D217255723
i
MATCHLINE
NOTES: 100 50 0 100
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS
SHOWN ARE SURFACE. SCALE IN FEET
o Wor City o f Fort Worth
1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102
HARMON ROAD
INTERSECTION IMPROVEMENTS
PARCEL NO. 21 CITY PROJ. NO. 100459
RIGHT-OF-WAY ACQUISITION CU»»"IS SMIT
OWNER: HARMON 38 INVESTMENTS, LP """ ` """'»''"'"»
5494
SURVEY: WILLIAM MCCOWENS SURVEY ABSTRACT NO. 999 :Pp
LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS '•••.... -• `��
ACQUISITION AREA: 32,656 SQUARE FEET OR 0.75 ACRES (NET)
WHOLE PROPERTY ACREAGE: 49,021 SQUARE FEET OR 1.13 ACRES CURT IS SMITH
JOB No. KHA-1704.00 I DRAWN BY- SHS I CAD FILE: 21.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: FEBRUARY 28 2018 1 EXHIBIT B PAGE 2 OF 2 SCALE: 1" 1OD' NO. 5494 TEXAS FIRM No. 0106900
GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH,-TX. 76118 817-495-1424 FAX 817-4987768
r
- r Mayor and Council Communication Af • .
21 PMD 100459 P021 CONDEMN +
8700 Harmon Road
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8700 Harmon Road . LL' -
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F®��WORTH. Copyright 2019 City ti Fort purposes
Unauthorized reproduction is a violation r applicable laws.This ® Acquisition-ROW Easement
product is for informational purposes and may not have been prepared for or be suitable for legal,
engineering,or surveying purposes.It does not represent an on4he-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, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/26/2019 - Resolution No: 6M-06-2019
DATE: Tuesday, June 25, 2019 REFERENCE NO.: L-16244
LOG NAME: 21 PMD 100459 P021 CONDEMN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.75 Acres of Land for a Right-
of-Way Easement from Property Owned by Harmon 38 Investments, L.P., a Limited Partnership, Located
in William McCowen Suvery, Abstract No. 999, City of Fort Worth Tarrant County, Texas, Also Known as
8700 Harmon Road, for the Harmon Road Improvement Project (2018 Bond Program) (COUNCIL
DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the landowner to acquire 0.75 acres of land for a right-
of-way easement from property owned by Harmon 38 Investments, L.P. and located within the William
McCowens Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas, also known as 8700
Harmon Road, were unsuccessful due to the inability to reach a mutually agreed upon value for the
property interest being acquired by the City;
2. Declare the necessity to acquire the property interest for the Harmon Road Improvement Project;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the
property for the public use for the Harmon Road Improvement Project;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the
described property interests from the property owner;
5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and
6. Authorize the City Manager or his designee to accept and record the appropriate instruments.
DISCUSSION:
The land rights in the subject property are needed for through travel lanes, capacity improvements to
existing major intersections, and drainage improvements, as part of the Harmon Road Improvement
Project. An independent appraisal established fair market value for the property interest in the total
amount of$344,600.00.
Negotiations were unsuccessful due to the inability to reach a mutually agreed upon value for the property
interests being acquired by the City. Upon approval, a condemnation suite will be filed to acquire the right-
of-way easement interest in the property.
Type of
Logname: 21PMD 100459 P021 CONDEMN Page 1 of 2
Parcel Address/Legal Description �La
Prrnpderty/Acres of
No. I[21 8700 Harmon Road, Abstract No. ROW Easement/ 0.75
999, William McCowens Suvery acres
A portion of this project includes 2018 Bond funds. Available resources within the General Fund will be
used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond
proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to
Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No.
23209-05-2018).
To approve this Mayor and Council Communication (M&C), the Council Member making a motion to
authorize condemnation by eminent domain should say:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent
domain to acquire a total of 0.75 acres of land for a right-of-way easement from property owned by
Harmon 38 Investments, L.P. and located within the William McCowens Survey, Abstract No. 999, City of
Fort Worth Tarrant County, Texas, also known as 8700 Harmon Road. The property is needed for the
Harmon Road Improvement Project. The property is further described by metes and bounds and depicted
by survey exhibits attached to this Mayor and Council Communication.
This property is located in Council District 7.
A Form 1295 is not required for this contract because: This M&C does not request approval of a contract
with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and award of
commissioners, funds are available, as appropriated in the W&S Commercial Paper Fund, the Developer
Contribution Fund and the 2018 Bond program Fund. Prior to an expense being incurred, the participating
department has the responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project JProgram ctivity Budget Reference # �mount
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # mount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Roger Venables (6334)
Additional Information Contact: Ricky Salazar (8053)
Logname: 21 PMD 100459 P021 CONDEMN Page 2 of 2