HomeMy WebLinkAboutResolution 4495-07-2015 A Resolution
NO. 4495-07-2015
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 July 28, 2015, in M&C L-15798, ordered and
decreed that a public necessity existed for the acquisition of an easement interest in 0.343 acres of land
for sewer and temporary easement interests in 0.836 acres of land for construction from a tract of land
located at 7301 West Pioneer Parkway more particularly described 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 Village Creek Parallel Interceptor Improvements Project (the
"Project");
- public necessity required the acquisition by donation, purchase, condemnation or otherwise
of the Property, located within the alignment of the Project;
- the use of the Property will be a public use; and
- that the Real Property Division of the Property Management Department was 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 28th day of July 2015, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Gyna Bivens, to wit:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent
domain to acquire an easement interest in 0.343 acres of land for sewer and temporary easement
interests in 0.836 acres of land for construction, located 7301 West Pioneer Parkway in Tract 4-R-1
Lake Arlington Industrial Park Addition, Tarrant County, Texas, owned by 7301, LLC, a Texas
Corporation. The easements will be used to construct the necessary improvements to install, restore, and
replace sewer and water mains in the area. This will increase the service capacity to accommodate
increased population and development to the area. The easements are described by the metes and
bounds, and survey attached to this Mayor and Council Communication.
Seconded by Zim Zimmerman duly put and carried: RESOLUTION.
-Z, —1-1-j
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 28th day of July 2015.
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EXHIBIT "A"
VILLAGE CREEK PARALLEL INTERCEPTOR
DOE #7047—CITY PROJECT NO. 01961
PARCEL 1 —PERMANENT SANITARY SEWER FACILITY EASEMENT
BEING a 0.3431 acre tract of land located in the JA Creary Survey, Abstract No. 269 and the Sarah G.
Jennings Survey,Abstract No. 843,City of Arlington and the City of Fort Worth, Tarrant County,Texas, said
0.3431 acre tract of land also being a portion of TRACT 4-RI, LAKE ARLINGTON INDUSTRIAL
PARK, being an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof
recorded in Volume 388-21, Page 41, Plat Records, Tarrant County, Texas, said 0.3431 acre tract of land also
being a portion of that certain tract of land conveyed to 7301, L.L.C., by deed as recorded in Tarrant County
Clerk's Instrument No. D210186296, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said
0.3431 acre tract of land being a variable width Permanent Sanitary Sewer Facility Easement, and being more
particularly described by metes and bounds as follows:
COMMENCING at the southwest property corner of said Tract 4-R1, same being a southeast property
corner of a called 2.568 acre tract of land described as "Tract B", conveyed to ONCOR Electric Delivery
Company, L.L.C., by deed as recorded in Volume 4440, Page 277, Deed Records, Tarrant County, Texas
(D.R.T.C.T.), said commencement point also being on the northeast right-of-way line of East Rosedale Street
(being a 160 feet wide right-of-way at this point), from which a 1/2 inch iron rod with an illegible yellow cap
found at a southwest property corner of said Tract 4-R1 bears South 62°40'07"East, a distance of 67.70 feet;
THENCE South 86°40'33" East, over and across said Tract 4-R1, a distance of 49.16 feet to a point on the
northeast line of an existing 20 feet wide Utility Easement, as shown on said plat of Lake Arlington Industrial
Park, said point also being the POINT OF BEGINNING of the herein described tract;
THENCE over and across the said Tract 4-R1 the following courses and distances:
South 65°43'46"East,a distance of 587.03 feet;
South 76°00'07"East,a distance of 155.88 feet;
North 28°54'31" East, a distance of 207.81 feet to the south line of an existing Utility Easement,
conveyed to the City of Fort Worth,by deed as recorded in Volume 7246,Page 750,D.R.T.C.T.;
THENCE South 81°39'43" East, along the said existing Utility Easement, a distance of 21.23 feet to the
intersection of the said existing Utility Easement and the west line of an existing 10 feet wide Utility
Easement, as shown on the said plat of Lake Arlington Industrial Park, from which the northeast property
corner of said Tract 4-Rl bears North 42°04'02" East, a distance of 21.96 feet;
THENCE South 28°54'31" West, along the said west easement line, a distance of 243.93 feet to the
intersection of the said west easement line and the north line of an existing 20 feet wide Utility Easement
conveyed to the City of Fort Worth, by deed as recorded in Volume 3884, Page 641, D.R.T.C.T.;
THENCE South 75°31'13" West, along the said north easement line, a distance of 38.43 feet to a point at the
intersection of the said north easement line and the northeast line of an existing variable width easement to
Texas Midstream, by deed as recorded in Tarrant County Clerk's Instrument No. D212088810, O.P.R.T.C.T.,
from which a 1/2 inch iron rod with a cap stamped"BEASLEY-RPLS 4050" found at the southeast property
corner of said Tract 4-R1 bears South 18°44'34"East,a distance of 44.55 feet;
Page 1 of 11
THENCE along the said northeast line of the Texas Midstream Easement the following courses and
distances:
North 61°06'07"West, a distance of 58.10 feet;
North 28°54'31"East,a distance of 5.00 feet;
North 61°05'29"West, a distance of 44.53 feet;
THENCE North 75°57'24" West, departing the said northeast easement line, over and across said Tract 4-
R1,a distance of 31.48 feet;
THENCE South 45°44'21" West, a distance of 7.23 feet to the aforesaid northeast easement line of an
existing 20 feet wide Utility Easement as shown on said plat of Lake Arlington Industrial Park;
THENCE along the said northeast easement line and along a line 20 feet from and parallel to the southwest
property line of said Tract 4-R1 and the said northeast right-of-way line of East Rosedale Street the following
courses and distances:
North 61°05'29" West, a distance of 65.16 feet to the beginning of a curve to the left having a radius
of 5,829.58 feet;
Along said curve to the left, an arc length of 505.95 feet, and across a chord which bears North
63°34'39" West, a chord length of 505.79 feet;
North 62°40'07"West,a distance of 22.20 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains 0.3431 acres(14,946 square feet)of land,more or less.
NOTE: The basis of bearings for this survey is the Texas State Plane NAD83 North Central Zone
(4202).
I do hereby certify that the above legal description was prepared from public records and from an actual and
accurate survey upon the ground and that the same is true and correct.
Spooner& Associates, Inc.
Eric S. Spooner,RPLS �E _O.F. tF
Registered Professional Land Surveyor
Texas Registration Number 5922 f
s
Dated: 10�-1—t�{ ERIC S. SPOONER
s 5922 p.;...
q of S s
S F.
Page 2 of 11
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/28/2015 - Resolution No. 4495-07-20'15
DATE: Tuesday, July 28, 2015 REFERENCE NO.: L-15798
LOG NAME: 21 PMD7301 LLCCONDEMN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain for a Permanent Sewer Facility Easement
on 0.343 Acres of Land and Two Temporary Construction Easements on 0.836 Acres of Land Owned by
7301, LLC., Located at 7301 West Pioneer Parkway for the Village Creek Parallel Interceptor
Improvements Project (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the landowner to acquire a permanent sewer facility
easement on 0.343 acres of land and two temporary construction easements on 0.836 acres of land on
property owned by 7301, LLC., located at 7301 West Pioneer Parkway, were unsuccessful due to the
owners' failure to respond to the City' s final offer;
2. Declare the necessity to acquire the permanent and temporary easement interests for the Village
Creek Parallel Interceptor Improvements 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 Village Creek Parallel Interceptor Improvements Project;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the
described permanent and temporary easement interests from the property;
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 appropriate instruments.
DISCUSSION:
The land rights in the subject property are needed to construct the necessary improvements for the Village
Creek Parallel Interceptor Improvements Project (Project). The project is required to construct, restore,
and replace sewer and water mains in the area. This will improve the service capacity to accommodate
increased population and development to the area. A portion of site is located in the City of Arlington,
Texas (Boundary Split).
An independent appraisal established fair market value for the land and improvements at an amount of
$38,914.00. Negotiations were unsuccessful due to the owners' failure to respond to the City's final
offer. Upon approval, a Special Commissioners' hearing will be brought to condemn and acquire the
permanent and temporary easement interests on the property. The mineral estate will not be
acquired. The judgment will contain a surface waiver for the exploration of the mineral estate. Upon City
Logname: 21PMD7301LLCCONDEMN Pave 1 of 2
Council approval, staff will proceed with acquiring the needed permanent and temporary easement
interests on the property as shown below. Funds are available in the Sewer Capital Projects Fund.
Parcel Address Legal Description Type of Taking/Acres
No.
7301 West Tract 4-R-1 Lake Permanent Sewer Facility Easement
1 Pioneer Arlington Industrial Park 0.343/ Temporary Construction
Parkway Addition Easements 0.836
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 permanent sewer facility easement on 0.343 acres of land and two temporary
construction easements on 0.836 acres of land on property owned by 7301, LLC., located at 7301 West
Pioneer Parkway, needed for the improvements to the Village Creek Parallel Interceptor. The permanent
and temporary easements to be acquired are described by metes and bounds and depicted by survey
exhibit attached to this M&C. The tract of land is located in Tract 4-R-1, Lake Arlington Industrial Park
Addition, Tarrant County, Texas, also known as 7301 West Pioneer Parkway. The land rights will be used
for the Village Creek Parallel Interceptor Improvements Project.
This property is located in COUNCIL DISTRICT 5, Mapsco 80Q.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and Award of Commissioners, funds are available in the current capital budget, as appropriated, of the
Sewer Capital Projects Fund. The Sewer Capital Projects Fund includes appropriations of $378,008.35
for the Village Creek Parallel Interceptor Improvements Project of which an amount of$249,954.97 has
been expended leaving the fund with a project balance of$128,053.38.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
P258 541100 705140196141 $0.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Wayne Corum (5118)
Deanna Cody (8379)
Additional Information Contact: Lexington Wright (6645)
Logname: 21PMD7301LLCCONDEMN Page 2 of 2