HomeMy WebLinkAboutResolution 5130-09-2019 A Resolution
NO. 5130-09-2019
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 September 17, 2019, in M&C 19-0151, ordered and
decreed that a public necessity existed for 1.395 acres in permanent right-of-way easement and a total of
0.7869 acres for temporary construction easements from improved property located east of the intersection
of Cleburne Road and McPherson Boulevard in the Moses Walters Survey, Abstract No. 1598, Tarrant
County, Texas, 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 the McCart Avenue/McPherson Boulevard Project (the "Project")
that will extend McPherson Boulevard from Cleburne Road eastward to the future McCart
Avenue;
- the land rights in the Property are needed for new travel lanes, storm drainage improvements,
sidewalks, and streetlights as necessary;
- 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 17th day of September 2019, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Jungus Jordan,to wit:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 1.395 acres in permanent right-of-way easement and a total of 0.7869 acres
for temporary construction easements from improved property owned by Diljit Singh. The property is
needed for the McCart Avenue/McPherson Boulevard Project, a public use that will extend McPherson
Boulevard from Cleburne Road eastward to the future McCart Avenue. The land rights in the improved
subject property are needed for new travel lanes, storm drainage improvements, sidewalks, and
streetlights as necessary. The property is located east of the intersection of Cleburne Road and
McPherson Boulevard in Abstract No. 1598, Moses Walters Survey, Tarrant County, Texas.
The property interest to be acquired is described by metes and bounds and depicted by survey
exhibits attached to this Mayor and Council Communication.
Seconded by Dennis Shingleton,duly put and carried: RESOLUTION.
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 17thday of September 2019.
� FORTl•1,0
ATTEST:
By: � TEXPS
Mary J. Kayser, Cit cre ary
McCart Avenue/McPherson Boulevard
Parcel No.9-ROW
Right-of-Way Dedication
60,786 sq.ft.(1.395 acres)
Moses Walters Survey,Abstract No.1598
EXHIBIT"A"
BEING a 60,786 square foot(1.395 acre)tract of land situated in the Moses Walters Survey,Abstract No.
1598,same being a portion of that certain tract of land conveyed to DAUIT SINGH as evidenced by deed
recorded in Instrument Number D214256810 of the Deed Records,Tarrant County,Texas,and being
more particularly described by metes and bounds as follows:
COMMENCING at the southeast corner of said DAUIT SINGH tract,same being the westernmost
southwesterly corner of that certain tract of land conveyed to MENG ZHU-SHEN as evidenced by deed
recorded in Instrument Number D216268349 of the Deed Records,Tarrant County,Texas,further being
in the north line of tract 3 of those certain tracts of land conveyed to COHIX LLC as evidenced by deed
recorded in Instrument Number D208444286 of the Deed Records,Tarrant County,Texas;
THENCE South 89 degrees 36 minutes 24 seconds West,along the south line of said DAUIT SINGH tract,
same being the north line of said tract 3,for a distance of 698.17 feet to a 5/8"iron rod with yellow
plastic cap stamped"A.R.S."set at the POINT OF BEGINNING of the herein described tract of land;
THENCE South 89 degrees 36 minutes 24 second West,along said north and south lines,for a distance of
951.88 feet,to a 5/8"iron rod with yellow plastic cap stamped"A.R.S."set in the east right-of-way line
of WEST CLEBURNE ROAD(50'right-of-way)same being the southwest corner of said DAUIT SINGH
tract;
THENCE North 00 degrees 45 minutes 34 seconds West,departing said north and south lines,along said
east line and the west line of said DAUIT SINGH tract,for a distance of 331.66 feet,to a 5/8" iron rod
with yellow plastic cap stamped"A.R.S."set;
THENCE North 89 degrees 47 minutes 25 seconds East,departing said east and west lines,for a distance
of 17.40 feet,to a 5/8"iron rod with yellow plastic cap stamped"A.R.S." set;
THENCE South 00 degrees 45 minutes 34 seconds East,for a distance of 238.60 feet,to a 5/8"iron rod
with yellow plastic cap stamped"A.R.S."set;
THENCE South 45 degrees 34 minutes 35 seconds East,for a distance of 28.38 feet,to a 5/8"iron rod
with yellow plastic cap stamped"A.R.S."set;
THENCE North 89 degrees 36 minutes 24 seconds East,for a distance of 413.00 feet,to a 5/8"iron rod
with yellow plastic cap stamped"A.R.S." set at the beginning of a curve to the right,having a radius of
1547.00 feet,a central angle of 14 degrees 14 minutes 47 seconds,and a chord which bears South 83
degrees 16 minutes 13 seconds East,for a distance of 383.67 feet;
THENCE along said curve to the right,for an arc distance of 384.66 feet,to a 5/8"Iron rod with yellow
plastic cap stamped"A.R.S." set at the beginning of a curve to the left,having a radius of 1477.00 feet,a
central angle of 04 degrees 48 minutes 25 seconds,and a chord which bears South 78 degrees 33
minutes 01 seconds East,for a distance of 123.88 feet;
SHEET:1 of 2
McCart Avenue/McPherson Boulevard
Parcel No.9-ROW
Right-of-Way Dedication
60,786 sq.ft.(1.395 acres)
Moses Walters Survey,Abstract No. 1598
THENCE along said curve to the left,for an arc distance of 123.92 feet,to the POINT OF BEGINNING and
containing 60.786 square feet(1.395 acres),more or less.
Basis of Bearings is State Plane Coordinate System,North American Datum 83(2011),Texas North Central
Zone(4202).
Note:A Plat of even survey date herewith accompanies this description
1,Dustin D.Davison,a Registered Professional Land Surveyor,in the State of Texas,hereby certify that the
land description and plat represent an actual survey made on the ground under my supervision.
tE 0 F T
�P �SATE
D US"TIN . DA MSON
Dustin D.Davison,R.P.L.S. �0 6451
Texas Registration No.6451 g,L�:fsS,�o�'�o
SURv
ARS Engineers,Inc.
12801 N.Central Expressway
Suite 1250
Dallas,Texas 75243
r
SHEET:2 of 2
EXHIBIT "B"
PARCEL NO. 9 0 =t
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a
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SCALE: 1'- 150' N ,tY
CO Z O
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ICURVEIARC NG IBEARINGICHORD LE
G1 384.66 1547.00 14'14 47 S 83'16 13 E 383.67
C2 123.92 1477.00 4'48 25 S 78'33 O1 E 123.88
LINE BEARING DISTANCE
Lt S 89'36 24 W 698.17
L2 N 00'45 34 W 331.66 ccv t i
L3 N 89.47 25 E 17.40 Z:�1-:
L4 S 00'45 34 E 238.60 C4 rJ
L5 S 45-34 35 E 28.38 p ~
Q20
p� 3
PARCEL NO. 9 WOLE PROPERTY MAP AND e
LOCADON OF PROPOSED u1 to C4 00RLCNr-of wAr ? U '0 00 C4
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FOUND MONWIENT 2 s F F
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C UF' M M 1-to d d
PROPERTY LINE a I W�•; G � 0 T^ IL IL
EASEMENT LINE BLOCK i v 2 F o W �~
PROPOSED mcw-of-wAr LANE l ty _ LOT 3 W i3 Q Z a W F: O N
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w LOT 2 Q�ti ,0 Oma.. �K�e
tr(zNtn gaoatl6
SN" LOT iM a aIttoo-: I� a »ua
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HOA LOT A
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- WEST C�EBURN ROAD 1
50'R.O.W. C 1
LOT 12 > >° OT a c
A LOT
\ 0� UMM�R CR1kEK RL4NCH / v �I i v L -1
� / v LOT 6 SLOT 7 t
1 1I C IB.As SIL.�1635 W H 0�R_T�. LOT 6
Basis of Bearings Is state Plane Coordinate DOUBLE OAK LANE ��� =m 6 \/CYPRESS
system, Narth Amolloan Datum 83(2011), Texas (50'R.O.W.) C1 v LAKE DRIVE
North Central Zone(4202). -- �'.
� (50'R.O.W.)
FORT T►ORTH. ARS 0
CITY OF FORT WORTH 12801 N. Central Expressway Suite 1250 �
l FORT
TARO TH, TEXAS
STREET Dallas, Tezas 75243 DUSTIN D. DAMSON
FORT IfORTX, TBXAS 78i02 (214) 739-3152 Fax (214) 739-3169
P 6451
McCART) AVENUE/McPHERSON BOULEVARD(McCART
FROM ST RINGER ROAD TO TWIN LEAF
McPH RSON FROMCARSON RANCH ROAD TO WEST C BRINE DRIVE
PARCEL N0.S I RIGHT-OF-WAY DEDICATION
APPARENT OWNER:DALAT SINGH
ACQUISITION AREA 60,786 SQUARE FEET 1.395 ACRES MOSES WALTERS SURVEY ABSTRACT NO.1598 Dustin D. Davison, R.P.L.S.
Fit ename:P:130 21 501 0McCartBridgefarmer-CFWIEASEMENTSI mcd9-ROW.dwg PrgectNo.s0215010 Registration No. 6451
Date:Mo day.Mav 01,2017 Thne:4:13 PM Plotted bvARS EXHIBIT'B'SHEET:1 OF 1 Surveying Firm 101319-00
McCart Avenue/McPherson Boulevard
Parcel No.9-TCE
Temporary Construction Easement
2,089 sq.ft. (0.0479 acres)
Moses Walters Survey,Abstract No. 1598
EXHIBIT"A"
BEING a 2,089 square foot(0.0479 acre)tract of land situated in the Moses Walters Survey,Abstract No.
1598,same being a portion that certain tract of land described to DAUIT SINGH,by deed recorded In
Instrument Number D214256810 of the Deed Records,Tarrant County,Texas,and being more
particularly described by metes and bounds as follows:
BEGINNING at a point(unable to set)for southeast corner of said DAUIT SINGH tract,same being a
southwest corner of that certain tract of land described to MENG ZHU-SHEN,by deed recorded in
Instrument Number D216268349 of the Deed Records,Tarrant County,Texas,further being in the
northerly line of TRACT 3 of those certain tracts of land described to COHIX LLC,by deed recorded in
Instrument Number D208444286 of the Deed Records,Tarrant County,Texas,same being on the north
right-of-way line of McPherson Boulevard(130 foot right-of-way);
THENCE South 89 degrees 36 minutes 24 seconds West,along said north right-of-way line and the south
line of said DAUIT SINGH tract and the north line of said TRACT 3,for a distance of 83.42 feet,to a 5/8-
inch iron rod with yellow plastic cap stamped"A.R.S."set for corner;
THENCE North 00 degrees 23 minutes 36 seconds West,departing said right-of-way line and said north
and south lines,for a distance of 25.00 feet,to a 5/8-inch iron rod with yellow plastic cap stamped
"A.R.S"set for corner;
THENCE North 89 degrees 36 minutes 24 seconds East,for a distance of 83.66 feet,to a 5/8-inch iron
rod with yellow plastic cap stamped "A.R.S."set for corner on the common east line of said DAUIT
SINGH tract and west line of said Meng Zhu-Shen tract;
THENCE South 00 degrees 09 minutes 42 seconds West,along said common line for a distance of 25.00
feet,to the POINT OF BEGINNING and containing 2,089 square feet(0.0479 acres)of land,more or less.
Basis of Bearings is State Plane Coordinate System, North American Datum 83(2011),Texas North Central
Zone(4202).
Note:A Plat of even survey date herewith accompanies this description
l
SHEET: 1 of 2
i
McCart Avenue/McPherson Boulevard
Parcel No.9-TCE
Temporary Construction Easement
2,089 sq.ft.(0.0479 acres)
Moses Walters Survey,Abstract No. 1598
i,Colin J.Henry a Registered Professional Land Surveyor,in the State of Texas,hereby certify that the land
description and plat represent an actual survey made on the ground under my supervision.
�Q:�G�s reRF.+9
COLIN J. HENRY
Colin J. Henry, R.P.L.S. " "5230
�":� a��-
Texas Registration No.5230 o UR`Ir`'�
S
ARS Engineers,Inc.
12801 N.Central Expressway
Suite 1250
Dallas,Texas 75243
SHEET: 2 of 2
EXHIBIT "B"
PARCEL NO. 9-TCE
P NO
9-CE
N
WHOLE PROPERTY tAAP AND
LOCATION OF PROPOSED
TEMPORARY CONSTRUCTION
EASEMENT t�
SCALE: 1' 50' Moses Walters Survey,
urvey,
Abstract No. 1598
PARCEL NO. 9-TCE
DALJIT SINGH TEMPORARY CONTRUCTION EASEMENT MENG ZHU-SHEN
INSTR NO.D214256810 2,089 Sq.Ft. (0.0479 acres) Instr.No.D216268349
WR.T.C.Tj 83.66, P.R.T.C.T.
3 CIRS N 8736'24' E 3 CIRS
is iv
Orl ov
o
N N Ul 0
CIRS N bo UTS
83.42'
j Z In S B9'36'24" W P•0.t3.
1 I
I I
I 1
McPHERSON BOULEVARD
I I
11 30'R.O.W.)
I I
LEGEND i ------------------
--
20' Easement FOR CROSSROADS TO EC
T _---_
FOUND MONUMENT j Instr. No. 210037974
(D.R.T.C.L) -
0 CIRS 5/e INCH CAPPED IRON ROO 'ARs'SET L--------------—----------
0 UNABI.ETOSETMOMAYENT — —
PROPERTY LINE
EASEMENT LINE
PROPOSED EASEMENT LINE
Basis of Bearings is Slate Pima Caardnnle
System,Narlh American Datum 83(2011). Texas
North Central Zone(4202).
ARS
OF
CITY OF FORT WORTH
12801 N. Central E
1000 THROCKIlORTON STREET . spressway Suite 1250
Dallas, Texts 75243 COLIN J. HENRY
FORT WORTH, TEXAS 76102 (214) 739-3152 Fax (214) 739-3169
McCART AVENUE/McPHERSON BOULEVARD �' 05230
9�.�'f55��?-lam
(McCART) FROM WEST RISINGER ROAD TO TWIN LEAF DRIVE
McPHERSON FROMCARSON RANCH ROAD TO WEST CLEBURNE DRIVE
PARCEL NO.9-TCE I TEMPORARY CONSTRUCTION EASEMENT
APPARENT OWNER:DALAT SINGH
ACQUISITION AREA: 2,089 SQUARE FEET 0.0479 ACRES MOSES WkT-ERS SURVEY ABSTRACT NO.1598 Colin J. Henryy, L.S.
FilenarwParcel 9-TCE.Dwg Project No.30215010 Registrotion No. 5230
Date: e: ExHIBIT'B"SHEET:1OFI Surveying Firm 701319-00
McCart Avenue/McPherson Boulevard
Parcel No.9-TCE-1
Temporary Construction Easement
32,198 sq.ft.(0.739 acres)
Moses Walters Survey,Abstract No.1598
EXHIBIT"A"
BEING a 32,198 square foot(0.739 acre)tract of land situated in the Moses Walters Survey,Abstract No.
1598,same being a portion that certain tract of land conveyed to DAUIT SINGH,as evidenced by deed
recorded in Instrument Number D214256810 of the Deed Records,Tarrant County,Texas,and being
more particularly described by metes and bounds as follows:
COMMENCING at the southwest comer of said DAVIT SINGH tract,same being in the westerly right-of-
way line of WEST CLEBURNE ROAD(variable width right-of-way),further being in the northerly line of
TRACT 3 of those certain tracts of land conveyed to COHIX LLC,as evidenced in deed recorded in
Instrument Number D208444286 of the Deed Records,Tarrant County,Texas;
THENCE North 26 degrees 26 minutes 14 seconds East,for a distance of 81.81 feet,to a 5/8"iron rod
with yellow plastic cap stamped "A.R.S."set at the POINT OF BEGINNING of the herein described tract
of land;
THENCE North 45 degrees 34 minutes 35 seconds West,for a distance of 28.38 feet,to a 5/8"iron rod
with yellow plastic cap stamped "A.R.S."set;
THENCE North 00 degrees 45 minutes 34 seconds West,for a distance of 238.60 to a 5/8" iron rod with
yellow plastic cap stamped"A.R.S."set in the north line of the aforementioned DAUIT SINGH tract,same
being the south line of WELLINGTON POINT addition,an addition to the City of Fort Worth,as evidenced
by plat recorded in Cabinet A,Slide 12139 of the Plat Records,Tarrant County,Texas;
THENCE North 89 degrees 48 minutes 04 seconds East,along said north and south lines,for a distance of
20.01 feet,to a 5/8"Iron rod with yellow plastic cap stamped"A.R.S."set,
THENCE South 00 degrees 45 minutes 34 seconds East, departing said north and south lines,for a
distance of 230.16 feet,to a 5/8"iron rod with yellow plastic cap stamped"A.R.S." set;
THENCE South 45 degrees 34 minutes 35 seconds East,for a distance of 11.88 feet to a 5/8"iron rod
with yellow plastic cap stamped"A.R.S." set;
THENCE North 89 degrees 36 minutes 24 seconds East,for a distance of 404.75 feet,to a 5/8"Iron rod
with yellow plastic cap stamped"A.R.S."set at the beginning of a curve to the right, having a radius of
1567.00 feet,a central angle of 14 degrees 14 seconds 47 minutes,and a chord which bears South 83
degrees 16 minutes 13 seconds East,for a distance of 388.63 feet;
THENCE along said curve to the right,for an arc distance of 389.63 feet,to a 5/8" iron rod with yellow
plastic cap stamped"A.R.S." set at the beginning of a curve to the left,having a radius of 1457.00 feet,a
central angle of 06 degrees 01 minutes 04 seconds,and a chord which bears South 79 degrees 09
minutes 21 seconds East,for a distance of 152.96 feet;
THENCE along said curve to the left,for an arc distance of 153.03 feet,to a 5/8" iron rod with yellow
plastic cap stamped "A.R.S."set;
SHEET:1 of 2
McCart Avenue/McPherson Boulevard
Parcel No.9-TCE-1
Temporary Construction Easement
32,198 sq.ft.(0.739 acres)
Moses Walters Survey,Abstract No. 1598
THENCE North 89 degrees 36 minutes 24 seconds East,for a distance of 544.31 feet,to a 5/8"iron rod
with yellow plastic cap stamped"A.R.S." set;
THENCE South 00 degrees 23 minutes 36 seconds East,for a distance of 15.00 feet,to a 5/8"iron rod
with yellow plastic cap stamped"A.R.S."set in the north line of the aforementioned tract 3,same being
the south line of the aforementioned DAUIT SINGH tract;
THENCE South 89 degrees 36 minutes 24 seconds West,along said north and south lines,for a distance
of 578.02 feet,to a 5/8" iron rod with yellow plastic cap stamped"A.R.S."set at the beginning of a curve
to the right,having a radius of 1477.00 feet,a central angle of 04 degrees 48 minutes 25 seconds,and a
chord which bears North 78 degrees 33 minutes 01 seconds West,for a 123.88 feet;
THENCE along said curve to the right,departing said north and south lines,for an arc distance of 123.92
feet,to a 5/8" iron rod with yellow plastic cap stamped"A.R.S."set at the beginning of a curve to the
left,having a radius of 1547.00 feet,a central angle of 14 degrees 14 minutes 47 seconds,and a chord
which bears,North 83 degrees 16 minutes 13 seconds West,for a distance of 383.67 feet;
THENCE along said curve to the left,for an arc distance of 384.66 feet,to a 5/8" iron rod with yellow
plastic cap stamped "A.R.S."set;
THENCE South 89 degrees 36 minutes 24 seconds West,for a distance of 413.00 feet,to the POINT OF
BEGINNING and containing 32,198 square feet(0.739 acres),more or less.
Basis of Bearings is State Plane Coordinate System, North American Datum 83(2011),Texas North Central
Zone(4202).
Note:A Plat of even survey date herewith accompanies this description
I,Dustin D.Davison,a Registered Professional Land Surveyor,in the State of Texas,hereby certify that the
land description and plat represent an actual survey made on the ground under my supervision.
of p
'
. . ........... ..... ...
Dustin D.Davison, R.P.L.S. DUSTIN D. DAMSON
Texas Registration No.6451 •..tt""""'•"' ..
-
�' 0 6 451 is
ARS Engineers,Inc. SUO
12801 N.Central Expressway
Suite 1250
Dallas,Texas 75243
SHEET:2 of 2
EXH 181 T "e"
PARCEL NO. 9-TCE-1
MENG ZHU-SHEN
Instr. No. D216268349
D.R.T.C.T.
SCALE: 1' 200'
�QQ�1a CIRS
FRS /
W40LE PROMTY MAP AND �^^J� �F&�o'��'
LOCATION OF PROPOSED
TEMPORARY CONSTRUCTION 0 Ary
EASEMENT
yam.,
G
TRACT 3
G
DALJIT SINGH 9�� I4 COHIX LLC
INSTR. NO. D214256810 CIRS ��w Instr. No. D208444286
(D.R.T.C.L) (D.R.T.C.T.)
CIRS Q�G�q�p�SQQ�tiy LIN RING IUISTANCE
CIRS Gy QP�c,�'.�9� PG L1 N 26'26 14 E 1181.81
�',y�•1�j9 L2 N 45'34 35 W 26.38
�R p- L3 N 00'45 34 W 238.60
L4 N 89'48 04 E 20.01
G1 L5 S 00'45 34 E 230.16
Ga L6 S 45'34 35 E 1 1.88
L7 N 89'36 24 E 404.75
LS N 89'36 24 E 544.31
!� L9 S 00'23 36 E 15.00
�! CIRS L10 S 89'36 24 W 578.02
CIRS 711 S 89*36'24W W 413.00
CURVE A NQTH RADIUS DE T ANGLE CHOW IN CH RD NG H
C 1 389.63 1567.00 14'14 47" S 83'16 13 E 388.63
D` CIRS ,vA C2 153.03 1457.00 6'01 04 S 79-09 21 E 152.96
CI .� C3 123.92 1477.00 4'48 25 N 78'33 01 W 123.88
509 !s ��` C4 384.66 1547.0C 14'14 47 N 83.16 13 W 383.67
LEGEND
FOUND MONUMENT
CIR P I .B. � O�yG p SET MONUMENT
C1 0 fA 4 0 PROPERTY LINE
�O C Ae•�O EASEMENT LINE
X�� 4IIr PROPOSED RaaT,OF-WAY LINE
Basis of Bearings to State Plane Coordinate
�r S)*Iam, North American Datum &3(2011). Texas
North (:antral Zone(42a2).
FORT WORTH ARS
,�� OF TF
CITY OF FORT WORTH � tia:.�,0�57£R�.;f9
1000 THROCKMORTON STREET 12801 N. CTn entrtxl Expresswa Suite 1250 J'
FORT WORTH, TEXAS 76102 Dallas, Texts 7 43 DU511N D. DAV
(214) 739-3152 FtTs (214) 739-3169 ....,,
McCART AVENUE/McPHERSON BOULEVARD 9y?0 P'4
, .F'tss fSS
(McCART) FROM WEST RISINGER ROAD TO TWIN LEAF DRIVE
McPHERSON FROMCARSON RANCH ROAD TO WEST CLEBURNE DRIVE
PARCEL NO.9-TCE-1 TEMPORARY CONSTRUCTION EASEMENT
APPARENT OWNER:DALJIT SINGH S';• 7
ACQUISITION AREA:32198 SQUARE FEET 0.739 ACRES MOSES WALTERS SURVEY ABSTRACT NO.1598 Dustin D. Davison, R.P.L.S.
Filename:PA30215010McCert&idgefermer-CFIMEASEMENTS4parcel9-TCE-1.dwg ProjectNo.30215010 Registration No. 6451
Date:Tuesday.Mav 02.2017 Time:3:25 PM Plotted bv'Codv EXHIBIT'B'SHEET:1 OF 1 Surveying Firm 101319-00
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FEW.
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 09/17/19 M&C FILE NUMBER: M&C 19-0151
LOG NAME: 21PMD CO2505 P9 CONDEMN
SUBJECT
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 1.395 Acres in Permanent Right-of-Way Easement and a Total of
0.7869 Acres for Temporary Construction Easements from Improved Property Owned by Daljit Singh, Located East of the Intersection of
Cleburne Road and McPherson Boulevard in Abstract No. 1598,Moses Walters Survey,Tarrant County,Texas,for the McCart Avenue/McPherson
Boulevard Project(2014 Bond Program)(COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 1.395 acres in permanent right-of-way easement and a total of
0.7869 for temporary construction easements from improved property owned by Diljit Singh,located east of the intersection of Cleburne Road and
McPherson Boulevard in Abstract No.1598,Moses Walters Survey,Tarrant County,Texas,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 described property interest for the McCart Avenue/McPherson Boulevard Project;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest 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 property rights in the improved subject property are required to construct public roadway improvements that will extend McPherson Boulevard
from Cleburne Road eastward to the future McCart Avenue.This new arterial will be constructed for public use and funds for this project were
included within the 2014 Capital Improvement Program.The land rights in the improved subject property are needed for new travel lanes,storm
drainage improvements,sidewalks,and streetlights as necessary.
An independent appraisal established fair market value for the permanent right-of-way and temporary construction property interests in the total
amount of$348,290.00.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 Special Commissioners'hearing will be brought to acquire the permanent right-of-way easement on the property.
Improved Subject Property
PNoel Legal Description Acreage/Property Interest
9-RO Moses Walters Survey, 1.395 Acres/Permanent Right-
Abstract No. 1598 of-Way Easement
9-TCE Moses Walters Survey, 0.0479 Acres/Temporary
Abstract No. 1598 Construction Easement
9-TCE-J Moses Walters Survey, 0.739 Acres/Temporary
1 Abstract No. 1598 Construction Easement
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 1.395 acres in permanent
right-of-way easement and a total of 0.7869 acres for temporary construction easements from improved property owned by Diljit Singh. The
property is needed for the McCart Avenue/McPherson Boulevard Project,a public use that will extend McPherson Boulevard from Cleburne Road
eastward to the future McCart Avenue.The land rights in the improved subject property are needed for new travel lanes,storm drainage
improvements,sidewalks,and streetlights as necessary.The property is located east of the intersection of Cleburne Road and McPherson
Boulevard in Abstract No. 1598,Moses Walters Survey,Tarrant County,Texas.The property interest to be acquired is described by metes and
bounds and depicted by survey exhibits attached to this Mayor and Council Communication."
This property is located in COUNCIL DISTRICT 6.
A Form 1295 is not required 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 recommendation and award of commissioners,funds are available in the current
capital budget,as appropriated,of the 2014 Bond Program,McCart Avenue/McPherson Boulevard Project No.CO2505.
Submitted for City Manager's Office by: Kevin Gunn 2015
Originating Business Unit Head: Roger Venables 6334
Additional Information Contact: Niels Brown 5166
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 09/17/19 M&C FILE NUMBER: M&C 19-0151
LOG NAME: 21 PMD CO2505 P9 CONDEMN
SUBJECT
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 1.395 Acres in Permanent Right-of-Way Easement and a Total of
0.7869 Acres for Temporary Construction Easements from Improved Property Owned by Daljit Singh, Located East of the Intersection of
Cleburne Road and McPherson Boulevard in Abstract No. 1598,Moses Walters Survey,Tarrant County,Texas,for the McCart Avenue/McPherson
Boulevard Project(2014 Bond Program)(COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 1.395 acres in permanent right-of-way easement and a total of
0.7869 for temporary construction easements from improved property owned by Diijit Singh,located east of the intersection of Cleburne Road and
McPherson Boulevard in Abstract No. 1598,Moses Walters Survey,Tarrant County,Texas,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 described property interest for the McCart Avenue/McPherson Boulevard Project;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest 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 property rights in the improved subject property are required to construct public roadway improvements that will extend McPherson Boulevard
from Cleburne Road eastward to the future McCart Avenue.This new arterial will be constructed for public use and funds for this project were
included within the 2014 Capital Improvement Program.The land rights in the improved subject property are needed for new travel lanes,storm
drainage improvements,sidewalks,and streetlights as necessary.
An independent appraisal established fair market value for the permanent right-of-way and temporary construction property interests in the total
amount of$348,290.00. 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 Special Commissioners'hearing will be brought to acquire the permanent right-of-way easement on the property.
Improved Subject Property _
Parcel' Legal Description Acreage/Property Interest
9-RO Moses Walters Survey, 1.395 Acres I Permanent Right-
Abstract No. 1598 of-Way Easement
9-TCE Moses Walters Survey, 0.0479 Acres/Temporary
Abstract No. 1598 Construction Easement
9-TCE- Moses Walters Survey, 0.739 Acres/Temporary
1 Abstract No. 1598 Construction Easement
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 1.395 acres in permanent
right-of-way easement and a total of 0.7869 acres for temporary construction easements from improved property owned by Diijit Singh. The
property is needed for the McCart Avenue/McPherson Boulevard Project,a public use that will extend McPherson Boulevard from Cleburne Road
eastward to the future McCart Avenue.The land rights in the improved subject property are needed for new travel lanes,storm drainage
improvements,sidewalks,and streetlights as necessary.The property is located east of the intersection of Cleburne Road and McPherson
Boulevard in Abstract No. 1598,Moses Walters Survey,Tarrant County,Texas.The property interest to be acquired is described by metes and
bounds and depicted by survey exhibits attached to this Mayor and Council Communication."
This property is located in COUNCIL DISTRICT 6.
A Form 1295 is not required 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 recommendation and award of commissioners,funds are available in the current
capital budget,as appropriated,of the 2014 Bond Program,McCart Avenue/McPherson Boulevard Project No.CO2505.
Submitted for City Manager's Office by: Kevin Gunn 2015
Originating Business Unit Head: Roger Venables 6334
Additional Information Contact: Niels Brown 5166