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HomeMy WebLinkAboutResolution 5355-02-2021 A Resolution NO. 5355-02-2021 A RESOLUTION DETERNIINING THE NECESSITY FOR ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION OR CONDEMNATION FOR PUBLIC USE WHEREAS, the Fort Worth City Council on February 23, 2021, in M&C 21-0118, ordered and decreed that a public necessity existed to acquire 0.166 acres in permanent sewer facility easement, 0.348 acres for a temporary access easement and 0.247 acres for a temporary construction easement from real property located on the southside of Baker Boulevard between Big Fossil Creek and the junction of State Highway 26 and Baker Boulevard in the George Akers Survey,Abstract No. 30,Tract 2A, City of Haltom City, Tarrant County, Texas, as 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 Big Fossil Creek Parallel Relief Sanitary Sewer Main M-402A, Phase 2 project (the "Project'); - the land rights in the Property are needed for new sewer line improvements; - 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, negotiations between the City of Fort Worth and the property owner, TK & AS Investments, Inc., were unsuccessful due to the inability to reach a mutually agreed upon value for the property interests being acquired by the City of Fort Worth; and WHEREAS, on this 23'd day of February 2021, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Moon, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.166 acres in permanent sewer facility easement, 0.348 acres for a temporary access easement and 0.247 acres for a temporary construction easement from real property owned by TK & AS Investments, Inc. The property is needed for the Big Fossil Creek Parallel Relief Sanitary Sewer Main M-402A,Phase 2 project,a public use that will provide parallel relief for sewer main M-402A. The land rights in the subject property are needed for the construction, operation, maintenance,replacement, upgrade, and repair of the permanent sewer line facility as necessary. The property is located on the southside of Baker Boulevard between Big Fossil Creek and the junction of State Highway 26 and Baker Boulevard in the George Akers Survey,Abstract No. 30, Tract 2A, City of Haltom City, Tarrant County, Texas. The property interests to be acquired are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." Seconded by Councilmember 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 interests listed above and attached to the M&C. Adopted this 23rd day of February 2021. ATTEST: dpa vo a FORrio0By: � Mary J. Kayser, City Secretary k1, n a°q�a s 0. G0,, 0 °_ o%T 00p�0OUCGO0 aaa Nixpsaaa 021 PMD CO2702 PARCEL 14 CONDEMNATION MAP Big Fossil Creek Parallel Relief N Sanitary Sewer Main M-402A, Phase 2 Project w E COUNCIL DISTRICT No. 4 s Feet/ 0 105 210 420 �630 840 ,.. IFA Ir IFV s P 14TAE 0.348AC E 14PE P 14TE lit: F 0P ' + .166 AC ' "71 0.247 AC 't' Y: F".t•v i Eli, P r t rt 1 VCR 1hiftif - u x•► to ixAd i 10 ' - 199 W 183 180 y t 180 87 30 4 - Cary Moon 183 f s t t t 77 87 Miles 0 1 2 4 6 8 ` Copyright 2017 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws.This 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 on-the-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. ® Permanent Sewer Easement Project FORT WORTH. Temporary Construction Easement �� Temporary Access Easement BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,PHASE 2 CITY PROJECT NO.02702 PARCEL14TAE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 EXHIBIT "A" Being a Temporary Access Easement situated in the George Akers Survey, Abstract No. 30, City of Haltom City, Tarrant County, Texas and being out of a 7.985 acre tract of land (by deed) described as Tract A deeded to TK and AS Investments, Inc. as recorded in Volume 11835, Page 410 of the Official Public Records of Tarrant County, Texas, said Temporary Access Easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast comer of said Tract A, said point being the most northerly northwest comer of Lot 1, Block A of Rio Vista Addition, an addition to the City of Haltom City, Tarrant County, Texas as recorded in Instrument No. D214075543 of said Official Public Records of Tarrant County, Texas, said point also being in the southeasterly right-of-way line of Baker Boulevard (State Highways No. 121 & 183, a variable width right-of-way), from which a 3/4 inch iron rod found for comer in the northwesterly line of said Tract A and in the southeasterly right-of-way line of said Baker Boulevard bears South 68 degrees 02 minutes 51 seconds West, a distance of 68.40 feet and from which a 3/4 iron rod found for comer in the northwesterly line of said Tract A and in the southeasterly right-of-way line of said Baker Boulevard bears South 68 degrees 02 minutes 51 seconds West, a distance of 68.40 feet and South 66 degrees 24 minutes 51 seconds West, a distance of 97.90 feet; THENCE South 35 degrees 18 minutes 09 seconds East, with the northeasterly line of said Tract A and with the most northerly southwest line of said Lot 1, a distance of 51.45 feet to a point for corner; THENCE South 18 degrees 39 minutes 09 seconds East, with the northeasterly line of said Tract A and with the most northerly southwest line of said Lot 1, a distance of 32.31 feet to the POINT OF BEGINNING of the herein described Temporary Access Easement; THENCE South 18 degrees 39 minutes 09 seconds East, with the northeasterly line of said Tract A and with the most northerly southwest line of said Lot 1, a distance of 30.27 feet to a point for comer; THENCE South 63 degrees 42 minutes 17 seconds West, a distance of 510.44 feet to a point for comer in the southeasterly line of a proposed temporary construction easement; THENCE North 00 degrees 25 minutes 35 seconds West, with the southeasterly line of said proposed temporary construction easement, a distance of 33.34 feet to a point for comer; THENCE North 63 degrees 42 minutes 17 seconds East, a distance of 499.91 feet to the POINT OF BEGINNING and containing 15,157 square feet or 0.348 acres of land, more or less. Exhibit A Page 1 of 2 BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,PHASE 2 CITY PROJECT NO.02702 PARCEL 14TAE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 Notes: (1) A plat of even survey date 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. (3) Surveyed on the ground September 28, 2017. Date: July 6, 2018 Of T h�Q��1 J n L. Cooper J0N L. COOPER . ................. .. ..... ....... istered Profession) Land Surve or r�qPo ssa Pam: No. 5254 ° SujRv Gorrondona&Associates,Inc. � 7524 Jack Newell Blvd. So. Fort Worth, Texas 76118 Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No. 14TAE FND 5/8"' IRON ROD IND 3/4"IR �O FIRON ROD 5 6g6a , P.0.C. IND��P1 FIRON3 ROD 5 6 9 g 1 P.C.B. Q� V ` OE r F R IRON OD / LAJP LOT 1, BLOCK A 9 : ' ' '' ''FND 3 4"IR � RIO VISTA ADDITION IRON ROD fir INSTRUMENT NO. D21 FND 3/4"IR .:.f :' ' O.P.R.T.C.T. 11 /...............::... ; IRON ROD J / Ark !::•::::::::::::: ro l>...... :: .gyp. / i:;:i::;:;:::::;:::, �1 , :::::•::::::::;:::::: TRACT A 7.985 ACRES (BY DEED) TK AND AS INVESTMENTS, INC. VOLUME 11835, PAGE 410 FND 5/8" O.P.R.T.C.T. IRON ROD TEMPORARY ACCESS EASEMENT 15,157 SQ. FT. OR LOT 1, BLOCK A RIO VISTA ADDITION 0.348 ACRES INSTRUMENT NO. / GEORGE AKERS SURVEY D214075543 / O.P.R.T.C.T. / ABSTRACT NO. 30 / PROPOSED TEMPORARY CONSTRUCTION EASEMENT LINE TABLE LINE BEARING DISTANCE L-1 S 35'18 09 E 51.45 L-2 S 18'39'09"E 32.31' L-3 S 18.39'09"E 30.27' L-4 N 00'25'35"W 33.34' NOTES: 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE ACCOMPANIES THIS PLAT. 100 50 0 100 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. 3. SURVEYED ON THE GROUND SEPTEMBER 28 2017. SCALE IN FEET FoRTWORTH City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 BIG FOSSIL CREEK PARALLEL RELIEF of TF SANITARY SEWER MAIN M-402A, PHASE 2 `P.. ��s rF; •., PARCEL NO. 14TAE ICITY PROJ. NO. 02702 CIO) ° TEMPORARY ACCESS EASEMENT � � ����������P-- JON L. COOP---- ON ER OWNER: TK AND AS INVESTMENTS, INC. SURVEY: GEORGE AKERS SURVEY, ABSTRACT 30 °p 525 Q� LOCATION: HALTOM CITY, TARRANT COUNTY, TEXAS ACQUISITION AREA: 15,157 SQUARE FEET OR 0.348 ACRES S WHOLE PROPERTY ACREAGE 347,827 SQ. FT. OR 7.985 ACRES (BY DEED) J L. OPER JOB No. B&GI1701.00 DRAWN BY: JLC CAD FILE: PARCEL 14TAE.DWG EG STERED PROFESSIONAL ND SURVEYOR DATE: DULY 6, 2018 EXHIBIT B PAGE 1 OF 1 SCALE: 1" = 100' NO 5254 TEXAS FlRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817-496-1768 BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,PHASE 2 CITY PROJECT NO. 02702 PARCEL 14PE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 EXHIBIT "A" Being a Permanent Sewer Facility Easement situated in the George Akers Survey, Abstract No. 30, City of Haltom City, Tarrant County Texas, and being out of a tract of land described as Tract A, deeded to TK and AS Investments, Inc. as recorded in Volume 11835, Page 410 of the Official Public Records of Tarrant County, Texas, said Permanent Sewer Facility Easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast comer of said Tract A and for the most northerly northwest comer of Lot 1, Block A of Rio Vista Addition, an addition to the City of Haltom City, Tarrant County, Texas as recorded in Instrument No. D214075543 of said Official Public Records of Tarrant County, Texas, said point also being in the southeasterly right-of-way line of E. Belknap Street (State Highways No. 121 & 183, a variable width right-of-way); THENCE South 68 degrees 02 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 68.40 feet to a 3/4 inch iron rod found for comer; THENCE South 66 degrees 24 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.90 feet to a 3/4 inch iron rod found for comer; THENCE South 64 degrees 10 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.15 feet to a 3/4 inch iron rod found for comer; THENCE South 61 degrees 59 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 96.95 feet to a 3/4 inch iron rod found for comer; THENCE South 60 degrees 16 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.30 feet to a 3/4 inch iron rod found for comer; THENCE South 58 degrees 32 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.45 feet to the POINT OF BEGINNING of the herein described Permanent Sewer Facility Easement; THENCE South 45 degrees 25 minutes 35 seconds East, a distance of 50.11 feet to a point for comer; THENCE South 00 degrees 25 minutes 35 seconds East, a distance of 46.24 feet to a point for comer; THENCE South 49 degrees 01 minutes 03 seconds West, a distance of 74.63 feet to a point for comer in the southwesterly line of said Tract A, said point being in the northeasterly line of a 7.985 acre tract of land (by deed) deeded to the City of Richland Hills as recorded in Volume 3908, Page 367 of the Deed Records of Tarrant County, Texas; Exhibit A Page 1 of 2 BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,PHASE 2 CITY PROJECT NO. 02702 PARCEL 14PE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 THENCE North 30 degrees 59 minutes 09 seconds West, with the southwesterly line of said Tract A and with the northeasterly line of said 7.985 acre tract of land, a distance of 60.92 feet to a point for corner, from which a point for the northwest corner of Tract A and for the northeast corner of said 7.985 acre tract of land bears North 30 degrees 59 minutes 09 seconds West, a distance of 38.80 feet, said point being in the southeasterly right-of-way line of said E. Belknap Street; THENCE North 49 degrees 01 minutes 03 seconds East, a distance of 32.01 feet to a point for corner; THENCE North 45 degrees 25 minutes 35 seconds West, a distance of 34.77 feet to a point for corner in the northwesterly line of said Tract A and being in the southeasterly right- of-way line of said E. Belknap Street; THENCE North 57 degrees 56 minutes 51 seconds East, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 61.67 feet to the POINT OF BEGINNING and containing 7,210 square feet or 0.166 acres of land, more or less. Notes: (1) A plat of even survey date 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. (3) Surveyed on the ground September 28, 2017. Date: June 6, 2018 F aw'e'n 1- .1.4 Jo . Co JON L, COOPER R istered Professional Land Surveyor % - ;q� 5254 PsiQ- No. 5254 �'4, `•'FesS!° Gorrondona&Associates, Inc. S U 7524 Jack Newell Blvd. So. Fort Worth, Texas 76118 Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No. 14PE FND 3/4"IR 6�"`N IRON ROD 6802AO GEORGE AKERS SURVEY �'� FND 3/4"IR 5 68 ABSTRACT NO. 30 ,`�� IRON ROD 5 66�g0 Q S 1� �pl� g / P.0.C. P '\2, '3g FND 3/4"IR ,05, C\0�\G� IRON ROD S 6Ng��5 FND 3/4"IR LP IRON ROD c� g6• // / LOT 1, BLOCK A y1 / RIO VISTA ADDITION FND 3/4"IR 16 p / INSTRUMENT No. D214075543 IRON ROD S 60 1 PG� y6� / // O.P.R.T.C.T. P / P.O.B. N 57*56'51"E // TRACT A 61.67' / 7.985 ACRES (BY DEED) TK AND AS INVESTMENTS, INC. VOLUME 11835, PAGE 410 0.P.R.T.C.T. :::::::::..:::::.. 6:: s i:............... �. ......::: `>: :::' PERMANENT SEWER .... , FACILITY EASEMENT 'S 7,210 SQ. FT. OR 0.166 ACRES LOT 1, BLOCK A LINE TABLE RIO VISTA ADDITION n�y INSTRUMENT No. D214075543 LINE BEARING DISTANCE O.P.R.T.C.T. o L-1 S 45'25'35"E 50.11' L-2 S 00'25'35"E 46.24' f i m APPROXIMATE L-3 S 49'01'03"W 74.63' ��� HALTOM CITY CITY LIMIT LINE L-4 N 30'59'09"W 60.92' 7.985 ACRES (BY DEED) L-5 N 30'59'09"W 38.80' CITY OF RICHLAND HILLS L-6 N 49'01'03"E 32.01' VOLUME 3908, PAGE 367 D.R.T.C.T. L-7 N 45'25'35"W 34.77' .R.T. NOTES: 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE ACCOMPANIES THIS PLAT. 100 50 0 100 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. 3. SURVEYED ON THE GROUND SEPTEMBER 28 2017. SCALE IN FEET FORT WORTH City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 BIG FOSSIL CREEK PARALLEL RELIEF OF SANITARY SEWER MAIN M-402A, PHASE 2 P sr'f 'F� PARCEL NO. 14PE ICITY PROJ. NO. 02702 (/0):' ..... PERMANENT SEWER FACILITY EASEMENT ......... ......................._.. JON L. COOPER OWNER: TK AND AS INVESTMENTS, INC. o� v; SURVEY: GEORGE AKERS SURVEY, ABSTRACT 30 y .•o S. :'O LOCATION: HALTOM CITY, TARRANT COUNTY, TEXAS .... <1 ACQUISITION AREA: 7,210 SQUARE FEET OR 0.166 ACRES S WHOLE PROPERTY ACREAGE 347,827 SQ. Fr. OR 7.985 ACRES (BY DEED) J L. C PER JOB No. B&GI1701.00 DRAWN BY: JLC CAD FILE: PARCEL 14PE.DWG STERED PROFESSIONAL LANb SURVEYOR DATE: JUNE 6, 2018 1 EXHIBIT B PAGE 1 OF 1 1 SCALE: 1" = 100' 5254 TEXAS FIRM Nb. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817-496-1768 BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,PHASE 2 CITY PROJECT NO. 02702 PARCEL 14TE 6200 BAKER BLVD. TRACT 2A, GEORGE AKERS SURVEY,ABSTRACT NO.30 EXHIBIT "A" Being a Temporary Construction Easement situated in the George Akers Survey, Abstract No. 30, City of Haltom City, Tarrant County, Texas and being out of a tract of land described as Tract A, deeded to TK and AS Investments, Inc. as recorded in Volume 11835, Page 410 of the Official Public Records of Tarrant County, Texas, said Temporary Construction Easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast comer of said Tract A and for the most northerly northwest comer of Lot 1, Block A of Rio Vista Addition, an addition to the City of Haltom City, Tarrant County, Texas as recorded in Instrument No. D214075543 of said Official Public Records of Tarrant County, Texas, said point also being in the southeasterly right-of-way line of E. Belknap Street (State Highways No. 121 & 183, a variable width right-of-way); THENCE South 68 degrees 02 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 68.40 feet to a 3/4 inch iron rod found for comer; THENCE South 66 degrees 24 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.90 feet to a 3/4 inch iron rod found for comer; THENCE South 64 degrees 10 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.15 feet to a 3/4 inch iron rod found for corner; THENCE South 61 degrees 59 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 96.95 feet to a 3/4 inch iron rod found for comer; THENCE South 60 degrees 16 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.30 feet to a 3/4 inch iron rod found for comer; THENCE South 58 degrees 32 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 45.95 feet to the POINT OF BEGINNING of the herein described Temporary Construction Easement; THENCE South 45 degrees 25 minutes 35 seconds East, a distance of 58.38 feet to a point for comer; THENCE South 00 degrees 25 minutes 35 seconds East, a distance of 89.97 feet to a point for comer; THENCE South 49 degrees 01 minutes 03 seconds West, a distance of 113.97 feet to a point for comer in the southwesterly line of said Tract A, said point being in the northeasterly line of a 7.985 acre tract of land (by deed) deeded to the City of Richland Hills as recorded in Volume 3908, Page 367 of the Deed Records of Tarrant County, Texas; Exhibit A Page 1 of 3 BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,PHASE 2 CITY PROJECT NO. 02702 PARCEL 14TE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 THENCE North 15 degrees 58 minutes 09 seconds West, with the southwesterly line of said Tract A and with the northeasterly line of said 7.985 acre tract of land, a distance of 28.52 feet to a point for comer; THENCE North 30 degrees 59 minutes 09 seconds West, with the southwesterly line of said Tract A and with the northeasterly line of said 7.985 acre tract of land, a distance of 24.53 to a point for comer, from which a point for the northwest comer of Tract A and for the northeast comer of said 7.985 acre tract of land bears North 30 degrees 59 minutes 09 seconds West, a distance of 99.72 feet, said point being in the southeasterly right-of-way line of said E. Belknap Street; THENCE North 49 degrees 01 minutes 03 seconds East, a distance of 74.63 feet to a point for comer; THENCE North 00 degrees 25 minutes 35 seconds West, a distance of 46.24 feet to a point for comer; THENCE North 45 degrees 25 minutes 35 seconds West, a distance of 50.11 feet to a point for comer in the northwesterly line of said Tract A and being in the southeasterly right- of-way line of said E. Belknap; THENCE North 58 degrees 32 minutes 51 seconds East, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 51.52 feet to the POINT OF BEGINNING and containing 10,742 square feet or 0.247 acres of land, more or less. Exhibit A Page 2 of 3 BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,PHASE 2 CITY PROJECT NO.02702 PARCEL 14TE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 Notes: (1) A plat of even survey date 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. (3) Surveyed on the ground September 28, 2017. Date: June 6 2 18 �,N S Tr,* +'�P � J n Cooper JON L. COOPER �. istered Profession 1 Land Surveyor -7'�QF5254Es S PV o No. 5254 ��~ S U R Gorrondona&Associates, Inc. 7524 Jack Newell Blvd. So. Fort Worth, Texas 76118 Texas Firm No. 10106900 Exhibit A Page 3 of 3 EXHIBIT "B 99 PARCEL No. 14TE FND 3/4"IR b'\ ,( IRON ROD 6g02 G \ 5 6a h0 '( �l FND 3/4"IR R5, IRON ROD 5 669 g0 / OR\ FND IRON3 ROD 5 6N `p FND 3/4"IR IRON ROD FND 3/4"IR Ftf �6� / / LOT 1, BLOCK A IRON ROD 651� G��SPPG� // ADDITIONRIO VISTA INSTRUMENT No D 43 S 58'32'51"W O, y0 �C�P 90a'G�' / 45.95' S 6g O��F Q j/ O.P.R.T.C.T. �O P.O.B. // TRACT A N 5832'51"E / 7.985 ACRES (BY DEED) 51.52' TK AND AS INVESTMENTS, INC. / VOLUME 11835, PAGE 410 :::: ;::. O.P.R.T.C.T. L-71 ....... S 00'25'35"E / '.'.'.:;:::;.::'.:;_::.: 89.971GEORGE AKERS SURVEY TEMPORARY ABSTRACT NO. 30 CONSTRUCTION EASEMENT .1.....::......::......./ 10,742 SQ. FT. OR 0.247 ACRES LOT 1, RIO VISTA ADDITION L-3 LINE TABLE � INSTRUMENT No. D214075543 L-2 Dcb LINE BEARING DISTANCE O.P.R.T.C.T. 5 L-1 S 45'25'35"E 58.38' L-2 N 15'58'09"W 28.52' APPROXIMATE APPROXIMATE RICHLAND HILLS AALTOM CITY L-3 N 30'59'09"W 24.53' CITY LIMIT LINE CITY LIMIT LINE L-4 N 30'59'09"W 99.72' 7.985 ACRES (BY DEED) L-5 N 4901'03"E 74.63' CITY OF RICHLAND HILLS L-6 N 00'25'35"W 46.24' VOLUME 3908, PAGE 367 D.R.T.C.T. L-7 N 45'25 35"W 50.11' NOTES: 1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE ACCOMPANIES THIS PLAT. 100 50 0 100 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. 3. SURVEYED ON THE GROUND SEPTEMBER 28 2017. SCALE IN FEET FORT WORTH City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 BIG FOSSIL CREEK PARALLEL RELIEF OF T� SANITARY SEWER MAIN M-4 02A, PHASE 2 PARCEL NO. 14TE ICITY PROJ. NO. 02702 co:' TEMPORARY CONSTRUCTION EASEMENT .•...._......"......"......." JON L. COOPER OWNER: TK AND AS INVESTMENTS, INC. """"""""""""'""'""" .A V; SURVEY: GEORGE AKERS SURVEY, ABSTRACT 30 �y pp 525 ? p LOCATION: HALTOM CITY, TARRANT COUNTY, TEXAS ACQUISITION AREA: 10,742 SQUARE FEET OR 0.247 ACRES S WHOLE PROPERTY ACREAGE 347,827 SQ. FT. OR 7.985 ACRES (BY DEED) J L. 0 PER JOB No. B&GI1701.00 I DRAWN BY: JLC CAD FILE: PARCEL 14TE.DWG G RED ROFESSIONAL ND SURVEYOR DATE: JUNE 6, 2018 EXHIBIT B PAGE 1 OF 1 SCALE: 1" = 100' 0 5254 TEXAS FIR No. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817-496-1768 RESOLUTION NO. R-2020-034-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALTOM CITY IN SUPPORT OF THE CITY OF FORT WORTH'S ACQUISITION OF PROPERTY THROUGH CONDEMNATION FOR PUBLIC USE AS PART OF THE BIG FOSSIL CREEK RELIEF SANITARY SEWER MAIN PURSUANT TO AN AGREEMENT BETWEEN THE CITIES OF NORTH RICHLAND HILLS, RICHLAND HILLS, HALTOM CITY AND FORT WORTH. WHEREAS, the City of Haltom City is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the cities of North Richland Hills, Richland Hills, Haltom City and Fort Worth entered in City of Fort Worth City Secretary Contract No. 40078 for the repair and maintenance of the TCWSC sewer main and the Haltom City Outfall Main, and for the construction of the Big Fossil Creek Relief Sewer (the "Agreement"); and WHEREAS, pursuant to Section 2.C.3.) of the Agreement, in the event the acquisition of property or easements cannot be accomplished through negotiation and must be accomplished through condemnation, the jurisdiction within which the property is located agreed to recommend a resolution in support of the condemnation action; and WHEREAS, Fort Worth has determined that certain easements will need to be acquired through condemnation as part of the Big Fossil Creek Parallel Relief Sanitary Sewer Main M-402A Phase 2 Project (the "Project"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HALTOM CITY, TEXAS: SECTION 1. That the City of Haltom City is in support of the City of Fort Worth initiating condemnation proceedings for the acquisition of 0.166 acres in permanent sewer facility easement, 0.348 acres for a temporary access easement and 0.247 acres for a temporary construction easement from real property located on the south side of Baker Boulevard between Big Fossil Creek and the junction of State Highway 26 and Baker Boulevard in the George Akers Survey, Abstract No. 30, Tract 2A, City of Haltom City, Tarrant County, Texas, as described in the exhibits attached as RESOLUTION EXHIBIT"A" as part of the Project. Page 1 SECTION 2. This resolution shall be in full force and effect from and after its passage, and it is so resolved. PASSED AND APPROVED ON THIS 14th DAY OF DECEMBER , 2020. D. MM. Truong, M or ATTEST: Art Camacho, City Secretary = r bra , '••O•s...°• •'•° ees�. Page 2 RESOLUTION EXHBIT"A" BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M402A,PHASE 2 CITY PROJECT NO.02702 PARCEL 14PE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO,30 EXHIBIT"A" Being a Permanent Sewer Facility Easement situated in the George Akers Survey, Abstract No. 30,City of Haltom City,Tarrant County Texas,and being out of a tract of land described as Tract A, deeded to TK and AS Investments, Inc. as recorded in Volume 11835, Page 410 of the Official Public Records of Tarrant Count),,Texas,said Permanent Sewer Facility Easement being more particularly described by metes and bounds as follows-, COMMENCING at a point for the northeast comer of said Tract A and for the most northerly northwest comer of Lot 1, Block A.of Rio Vista Addition,an addition to the City of I Ialtorn City, Tarrant County, Texas as recorded in Instrument No. D214075543 of said Official Public Records of Tarrant County, Texas, said point also being in the southeasterly right-of-way line of E. Belknap Street (State Highways No. 121 & 183. a variable width right-of-way); THENCE South 68 degrees 02 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E.Belknap Street,a distance of 68.40 teet to a 3/4 inch iron rod found for comer-,THENCE South 66 degrees 24 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly tight-of-way line of said E.Belknap Street, a distance of 97.90 feet to a 3/4 inch iron rod found for corner; THENCE South 64 degrees 10 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.15 feet to a 3/4 inch iron rod found for comer; THENCE South 61 degrees 59 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 96.95 feet to a 3/4 inch iron rod found f6r comer; THENCE South 60 degrees 16 minutes 51 seconds West, with the northwesterly fine of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.30 feet to a 3/4 inch iron rod found for comer; THENCE South 58 degrees 32 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.45 feet to the POINT OF BEGINNING of the herein described Permanent Sewer Facility Easement; THENCE South 45 degrees 25 minutes 35 seconds East, a distance of 50.11 1'ect to a point for comer; THENCE South 00 degrees 25 minutes 35 seconds East, a distance of 46.24 feet to a point for comer, THENCE South 49 degrees 01 minutes 03 seconds West, a distance of 74.63 feet to a point for corner in the southwesterly line of said Tract A, said point being in the northeasterly line of a 7.985 acre tract of land (by deed) deeded to the City of Richland Hills as recorded in Volume 3908,Page 367 of the Deed Records of Tarrant Cowity,'I'exas; Exhibit A Page I of 2 Page 3 RESOLUTION EXHIBIT "A" BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,PHASE 2 CITY PROJECT NO.02702 PARCEL 14PF 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 THENCE North 30 degrees 59 minutes 09 seconds West, with the southwesterly line of said Tract A and with the northeasterly line of said 7.985 acre tract of land, a distance of 60.92 feet to a point for comer,from which a point for the northwest comer of Tract A and for the northeast comer of said 7,985 acre tract of land bears North 30 degrees 59 minutes 09 seconds West, a distance of 38.80 feet, said point being in the southeasterly right-of-way line of said E. Belknap Street; THENCE North 49 cegrees 01 minutes 03 seconds Fast,a distance of 32.01 feet to a point for comer; THENCE North 45 degrees 25 minutes 35 seconds West,a distance of 34.77 feet to a point for comer in tee northwesterly line of said Tract A and being in the southeasterly right- of-way line of said E.Belknap Street; THENCE North 57 degrees 56 minutes 51 seconds East, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 61.67 feet to the POINT OF BEGINNING and containing 7,210 square feet or 0.166 acres of land,more or less. Notes: (1) A plat of even survey date 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 surfac.c. (3-) Surveyed on the ground September 28,2017. Date: June 6,2018 OF . ........... Jo Coop L. COOPER -ie6 R stered Profession-J Land Surveyor -5254 No. 5254 Sty Gorrondona,&Associates,Inc. 7524 lack Newell Blvd. So. Fort Worth,Texas 76118 1'exas Finn No. 10 106900 Exhibit A Page 2 of 2 Page 4 RESOLti-TIO'\ EXHIBIT"A" EXHIBIT "B 11 PARCEL No. f 4PE i FND 3/4-IR IRON ROD 5 6g0�40 GEORGE AKERS SURVEY FND 3/419y�•w 8 ABSTRACT NO. 30 �GZ� ��^ IRON ROD s 6bg 9a Q �"tot t -A � P.O.C. O4 FND 3/41R -0p IRON ROD S' '- FND 3/4'IR �� 1p IRON ROD 5 96• / LOT 1, BLOCK A / RIO VISTA ADDITION FND 3/41R ���� � ) / INSTRUMENT No. D214075543 IRON ROD 5 6g'1. - � �g1i O.P.R.T.C.T. P.O.B. y$9 N 57'56'51"E 7.985 ACREST{8Y DEED} 61.6T // TK AND AS INVESTMENTS, INC. VOLUME 11835. PAGE 410 ✓ D.P.R.T.C.T. �> , —L-2 �.� PERMANENT SEWER FACILITY EASEMENT 0 7,210 SQ. FT. OR 0.166 ACRES LOT 1. BLOCK A LINE TABLE RIO VISTA ADDITION LINE BEARING DISTANCE INSTRUMENT No.c12,14o7ss43 cx� L-1 S 45'25'35"E 50.11' L-2 S 00'25 35 E 46.24 G PPROXIMpTE L-3 S 49*01'03"W 74.63' CITY LIM cm LL17 N 30'59'09"W 60.92' cm LIMrr LINE N 30'59'09"W 38.80' 7.s85 ACRES (BY OEED)CRY OF RICHLAND HILLS N 49'01'03E32.01' VOLUME 3908, PACE 367 N 45'25'35"W 1 34,77' 11 D.R.T.C.T. NOTES: 1, A LEGAL DESCRIPTION OF EVEN SURVEY DATE ACCOMPANIES THIS PLAT. 100 50 0 100 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS �IIIIII� SHOWN ARE SURFACE. 3. SURVEYED ON THE GROUND SEPTEMBER 28 2017. SCALE IN FEET FORT WORTH City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 76102 BIG FOSSIL CREEK PARALLEL RELIEF OF �- SANITARY SEWER MAIN M-402A, PHASE 2 PARCEL NO. 14PE ICITY PROD. NO. 02702 PERMANENT SEWER FACILITY EASEMENT JON L. COOPER OWNER: TK AND AS INVESTMENTS, INC. { n 254 .;7q SURVEY: GEORGE AKERS SURVEY, ABSTRACT 30 Y SS �Q LOCATION: HALTOM CITY. TARRANT COUNTY, TEXAS K,, ACQUISITION AREA: 7,210 SQUARE FEET OR 0.165 ACRES S I WHOLE PROPERTY ACREAGE 347,827 SQ. FT. OR 7.985 ACRES BY DEED J L. C PER JOB No. B&G11701.00 DRAWN BY: JLC CAD FILE PARCEL 14PE.DWG RED PROFESSIONAL LA SURVEYOR DATE: JUNE 6, 2018 1 EXHIBIT B PAGE 1 OF 1 I SCALE: 1" 100' VV. .5254 TEXAS FIRM 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817-496-1768 Page RESOLUTION EXHIBIT "A" BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAID[M442A,PHASE 2 CITY PROJECT NO.02702 PARCEL 14TAE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 EXHIBIT"A" Being a Temporary Access Easement situated in the George Akers Survey, Abstract No. 30, City of Haltom City, Tarrant County, Texas and being out of a 7.985 acre tract of land (by deed) described as Tract A deeded to TK and AS Investments,Inc. as recorded in Volume 1.1835,Page 410 of the Official Public Records of Tarrant County, Texas, said Temporary Access Easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast corner of said Tract A, said point being the most northerly northwest corner of Lot 1, Block A of Rio Vista Addition, an addition to the City of Haltom City, Tarrant County,Texas as recorded in Instrument No. D214075543 of said Official Public Records of Tarrant County, Texas, said point also being in the southeasterly right-of-way line of Baker Boulevard (State Highways No. 121 & 183, a variable width right-of-way), from which a 3/4 inch iron rod found for comer in the northwesterly line of said Tract A and in the southeasterly right-of-way line of said Baker Boulevard bears South 68 degrees 02 minutes 51 seconds West, a distance of 68.40 feet and from which a 3/4 iron rod found for corner in the northwesterly line of said Tract A and in the southeasterly right-of-way line of said Baker Boulevard bears South 68 degrees 02 minutes 51 seconds West, a distance of 68.40 feet and South 66 degrees 24 minutes 51 seconds West, a distance of 97.90 feet; THENCE South 35 degrees 18 minutes 09 seconds East, with the northeasterly line of said Tract A and with the most northerly southwest line of said Lot 1, a distance of 51.45 feet to a point for corner; THENCE South 18 degrees 39 minutes 09 seconds East, with the northeasterly line of said Tract A and with the most northerly southwest line of said Lot 1, a distance of 32.31 feet to the POINT OF BEGINNING of the herein described Temporary Access Easement; THENCE South 18 degrees 39 minutes 09 seconds East, with the northeasterly line of said Tract A.and with the most northerly southwest line of said Lot 1, a distance of 30.27 feet to a point for corner; THENCE South 63 degrees 42 minutes 17 seconds West, a distance of 510.44 feet to a point for comer in the southeasterly line of a proposed temporary construction easement; THENCE North 00 degrees 25 minutes 35 seconds West, with the southeasterly line of said proposed temporary construction easement, a distance of 33.34 feet to a point for corner; THENCE North 63 degrees 42 minutes 17 seconds East, a distance of 499.91 feet to the POINT OF BEGINNING and containing 15,157 square feet or 0.348 acres of land, more or less. Exhibit A Page I of 2 Page 6 RESOLUTION EXHIBIT "A" BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,.PHASE 2 CITY PROJECT NO.02702 PARCEL 14TAE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 ?dates: (1) A plat of even survey date 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. (3) Surveyed on the ground September 28,2017. Date: July 6,2018 OF' J n L. Cooper JON L. COOPER istered Professiona Land Surveyor No. 5254 s u St1R`� Gorrondona&Associates,Inc. 7524 Jack Newell Blvd. So. Fort Worth,Texas 76118 Texas Firm No. 10106900 Exhibit A Page 2 of 2 Page 7 RESOLUTIOI' EXHIBIT "A" EXHIBIT „B PARCEL No. f 4TAE FND 5/8-— IIRRO`NN R00 FND IRON 3ROD $'bo'4,N P.O.G'. IRRN RQD y52q; "� E Q s g�. P.O.B. FND 3/4-IR y IRON ROD �. 1 / LOT 1, BLOCK A FND 3/4-IR Etat3,b * �, RIO VISTA ADDIT N IRON ROD .`�,EAG�, J,, �1 ,�+^ i INSTRUMENT NO. 021407554 GOD kcl 4 O.P.R,T.C.T3 FWD IRON ROD OL} D f k2�x/ fy'a l y gyp. k 1 _y 5 fi TRACT A 7.985 ACRES (BY DEED) TK AND AS INVESTMENTS, INC. VOLUME 11335, PAGE 410 FND 5/8" s I ✓ O.P.R.T.C.T. IRON RaD TEMPORARY ACCESS EASEMENT LOT 1. BLOCK A r 15,157 SQ. FT. OR RIO VISTA AUDITION 0.348 ACRES INSTRUMENT NO. GEORGE AKERS SURVEY DQ R75543 PROPOSED TEMPORARY ABSTRACT NO. 30 CONSTRUCTION EASEMENI LI NE TABLE LINE EARING IDIS ANC L-1 S 391809E 51,45 L-2 S 18'39 09 E 32.31 L73 S IT3909 E 30,27 L-4 N O0'25 35 W 33.34 NOTES: 1, A LEGAL DESCRIPTION OF EVEN SURVEY DATE ACCOMPANIES THIS PLAT, 100 50 0 100 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. 3. SURVEYED ON THE GROUND SEPTEMBER 28 2017. SCALE IN FEED a�rrW� r City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 BIG FOSSIL CREEK PARALLEL RELIEF OF- SANITARY SEWER MAIN M-402A, PHASE 2 , ,,sr PARCEL NO, 14TAE CITY PROJ, ND. TEMPORARY ACCESS EASEMENT JON L. COOPER_ OWNER: TK AND AS INVESTMENTS, INC. r 0 525 SURVEY: GEORGE AKERS SURVEY, ABSTRACT 30 "9 *..- LOCATION: HALTOM CITY, TARRANT COUNTY, TEXAS ACQUISITION AREA 15,157 SQUARE FEET OR 0.348 ACRES " - WHOLE PROPERTY ACREALE 347,827 SQ. FT. OR 7.985 ACRES (BY DEED J08 No. BBG11701.00 DRAWN BY: JLC CAD FILE: PARCEL 14TAE.DWG £G RED PROFESSIONAL ` 0 SURVEYOR DATE: JULY 6 2018 EXHiBTT B PAGE 1 OF i SCALE: 1* — 100' NO 5254 TEXAS FIRM No. 10706900 GORRONDONA & ASSOCIA-ES. INC. • 7524 JACK NEWELL EOULEVARO SOUTH FORT WORTH. TX. 76118 817-496-1424 FAX 817-496-1768 Page 8 RESOLUTION EXHIBIT"A" BIG,FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,PHASE 2 CITY PROJECT NO.02702 PARCEL 14TE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 EXHIBIT"A" Being a Temporary Construction Easement situated in the George Akers Survey, Abstract No. 30,City of Haltom City,Tarrant County,Texas and being out of a tract of land described as Tract A, deeded to TK and AS investments, Inc. as recorded in Volume 11835, Page 410 of the Official Public Records of Tarrant County,Texas, said Temporary Construction Easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast corner of said Tract A and for the most northerly northwest corner of Lot 1,Block.A of Rio Vista Addition,an addition to the City of Haltom City, Tarrant County, Texas as recorded in Instrument No. D214075543 of said Official Public Records of Tarrant County, Texas, said point also being in the southeasterly right-of-way line of E. Belknap Street (State Highways No. 121 & 183, a variable width right-of-way); THENCE South 68 degrees 02 minutes 51 seconds Vest, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E.Belknap Street,a distance of 68.40 feet to a 3/4 inch iron rod found for corner; THENCE South 66 degrees 24 ininutes 51 seconds West,with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E.Belknap Street, a distance of 97.90 feet to a 3/4 inch iron rod found for corner; THENCE South 64 degrees 10 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.15 feet to a 3/4 inch iron rod found for comer; THENCE South 61 degrees 59 minutes 51. seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 96.95 feet to a 3/4 inch iron rod found for comer; THENCE South 60 degrees 16 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 97.30 feet to a 3/4 inch iron rod found for corner; THENCE South 58 degrees 32 minutes 51 seconds West, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E.Belknap Street, a distance of 45.95 feet to the POINT OF BEGINNING of the herein described Temporary Construction Easement; THENCE South 45 degrees 25 minutes 35 seconds East, a distance of 58.38 feet to a point for comer; THENCE South 00 degrees 25 minutes 35 seconds East,a distance of 89.97 feet to a point for corner; THENCE South 49 degrees 01 minutes 03 seconds West, a distance of 113.97 feet to a point for corner in the southwesterly line of said Tract A, said point being in the northeasterly line of a 7.985 acre tract of land (by deed) deeded to the City of Richland Hills as recorded in. Volume 3908, Page 367 of the Deed Records of Tarrant County,Texas; Exhibit A Page 1 of 3 Page 9 RESOLUTION E.IHIBIT"A„ BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M402A,PHASE 2 CITY PROJECT"NO.02702 PARCEL 14TE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 THENCE North 15 degrees 58 minutes 09 seconds West, with the southwesterly line of said Tract A and with the northeasterly line of said 7.985 acre tract of land, a distance of 28.52 feet to a point for corner; THENCE North 30 degrees 59 minutes 09 seconds West, with the southwesterly line of said Tract A and with the northeasterly line of said 7.985 acre tract of land, a distance of 24.53 to a point for corner, from which a point for the northwest corner of Tract A and for the northeast corner of said 7.985 acre tract of land bears North 30 degrees 59 minutes 09 seconds West, a distance of 99.72 feet, said point being in the southeasterly right-of-way line of said E. Belknap Street; THENCE North 49 degrees 01 minutes 03 seconds East, a distance of 74.63 feet to a point for corner; THENCE North 00 degrees 25 minutes 35 seconds West, a distance of 46.24 feet to a point for corner; THENCE North 45 degrees 25 minutes 35 seconds West, a distance of 50.11 feet to a point for corner in the northwesterly line of said'Tract A and being in the southeasterly right- of-way line of said E. Belknap; THENCE North 58 degrees 32 minutes 51 seconds East, with the northwesterly line of said Tract A and with the southeasterly right-of-way line of said E. Belknap Street, a distance of 51.52 feet to the POINT OF BEGINNING and containing 10,742 square feet or 0.247 acres of land,more or less. Exhibit A Page 2 of 3 Page 10 RESOL17.rION EXHIBIT "A" BIG FOSSIL CREEK PARALLEL RELIEF SANITARY SEWER MAIN M-402A,PHASE 2 CITY PROJECT NO.02702 PARCEL14TE 6200 BAKER BLVD. TRACT 2A,GEORGE AKERS SURVEY,ABSTRACT NO.30 Notes: (1) A plat of even survey date 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. (3) Surveyed on the ground September 28,2017. Date. June 6,2RI8 JON L. CQOPER Coh15er 5254 �, istered Profession Land Surveyor No. 5254 S U Gorrondona&Associates,Inc. 7524 Jack Newell Blvd. So. Fort Worth,Texas 76118 Texas Firm No. 10 106900 Exhibit A Page 3 of 3 Page I 1 RES()LUTION- EXHIBIT"A" EXHIBIT 91B 9" PARCEL No. 14TE FND 3/4-IR IRON ROD bN FIND 341P.. IRON ROD ' "I of P.0.C. FND 3/41R %1� IRON ROD k's FND 5/4'IR IRON ROD \ . FND 3/4-iR-- LOT 1, BLOCK A IRON ROD RIO VISTA ADDITION W S 5W32'51- RUUENT No, D214075543 45.95' J�O P,-- O.P.R-T.C.T. P.0.R. TRACT A N 58*32'51*E 7,985 ACRES (BY DEED) 51.52' TK AND AS INVESTMENTS, W. VOLUME 11835, PAGE 410 O.P.R.T,C.T. L-7 ,,-S 0725*35"E 89.97' GEORGE AKERS SURVEY TEMPORARY ABSTRACT NO. 30 CONSTRUCTION EASEMENT 10,742 SQ. FT. OR 0.247 ACRES LOT 1, BLOC I AN� OT 1' BLOC'N'1 r MO OT DrDMON R'10�VTSTA�A L-3 )N 10 LINE VISTA M TABLE INSTRUMENT No. 02114(75543 L-2 L114EI BEARING DISTANCE -L-11S 452535'E 58.38' L-21N 15*58'09"W 28.52' APPROXIMATE RICHLAND HILLS APPROXW&TE L-3 N 31T59'09*�W-2-4.53' CITY LIMIT LINE HALTOM CITY CITY LIMIT LINE L-4 N 3959'09"W 99,72' 7.985 ACRES (EYY DEED) L-5 N'49-0103 E--74-63' CITY OF RICHLAND HILLS 4624 VOLUME 3908, PAGE N7 1 D.R.T.C.T. L-7 1 51�-1 v lio-TES. 1, A LEGAL DESCRIPTION OF EVEN SURVEY DATE ACCOMPANIES THIS PLAT. 100 50 0 100 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 SURFACF- 3. SURVEYED ON THE GROUND SEPTEMBER 28. 2017 SCALE IN FEET ORT WORT City of Fort Worth 1000 THROCKMORTON STREET - FORT WORTH. TEXAS 76102 BIG FOSSIL CREEK PARALLEL RELIEF OF SANITARY SEWER MAIN M-402A, PHASE 2 PARCEL NO. 14TE CITY PROD, Nl 02702 TEMPORARY CONSTRUCTION EASEMENT JON L. COOPER OWNER: TK AND AS INVESTMENTS525 SURVEY: GEORGE AKERS SURVEY, ABSTRACT 30 LOCATION: HALTOM CITY, TARRANT COUNTY, TEXAS ACQUISITION AREA: 10,742 SQUARE FEET OR 0.247 ACRES WHOLE PROPERTY ACREAGE 347,827 SQ. FT. OR 7.985 ACRES BY DEED) L."-CO PER DRAWN BY: JLC D FILE: PARCEL 14TE.DWG RED"A OFESSJONAL 0 SURVEYOR D JOB t 7TZ 18 F I I SCALE: 1 100' 0/5254 TEXAS FIR No. 101069001 ATE: JJNE 6, 20 EXHIBIT 8 PAGE 10 GORRONDONA & ASSOCIATES, INC. - 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX 76118 - 817-496-1424 FAX 817-+96-1766 Page 12 City of Fort Worth, Texas Mayor and Council Communication DATE: 02/16/21 M&C FILE NUMBER: M&C 21-0118 LOG NAME: 21CONDEMN CPN CO2702 P14 SUBJECT (Haltom City Near CD 4)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.166 Acres in Permanent Sewer Facility Easement, 0.348 Acres for a Temporary Access Easement and 0.247 Acres for a Temporary Construction Easement from Real Property Owned by TK&AS Investments, Inc., Located in the George Akers Survey, Abstract No. 30, Tract 2A, City of Haltom City, Tarrant County, Texas, for the Big Fossil Creek Parallel Relief Sanitary Sewer Main M-402A, Phase 2 Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the property owner to acquire 0.166 acres in permanent sewer facility easement, 0.348 acres for a temporary access easement and 0.247 acres for a temporary construction easement from real property owned by TK&AS Investments, Inc., located in the George Akers Survey, Abstract No. 30, Tract 2A, City of Haltom City, Tarrant County,Texas,were unsuccessful due to the inability to reach a mutually agreed upon value for the property interests being acquired by the City; 2. Declare the necessity to acquire the described property interests for the Big Fossil Creek Parallel Relief Sanitary Sewer Main M-402A, Phase 2 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 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 the construction, operation, maintenance, replacement, upgrade, and repair of the permanent sewer line facility as necessary. This new sewer line will be constructed for public use, providing parallel relief for sewer main M-402A, and funds for this project are part of the Water Department's Sanitary Sewer Over Flow Initiative Program. An interlocal agreement(CSC No. 40078)between the Cities of North Richland Hills, Richland Hills, Haltom City, and Fort Worth was executed in 2010 to repair and maintain the Tarrant County Water Supply Corporation(TCWSC) Line and the Haltom City Outfall Main and construct the Big Fossil Creek Relief Sewer. This interlocal agreement allocates the responsibilities and cost for the completion of this project including right-of-way and easement acquisitions regardless of the municipality in which the underlying property resides. In addition, Haltom City passed Resolution No. R-2020-034-11 on December 14, 2020, a copy of which is attached to this M&C, in support of the City's action to acquire the subject property through condemnation. An independent appraisal established fair market value for the various property interests(shown below)in the total amount of$22,692.00. 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 various property interests on the property. Parcel Legal Description Acreage/Property No. Interest George Akers Survey, Abstract No. 30, =Easement Tract 2A, City of Haltom City, Tarrant ewer County,Texas George Akers Survey, Abstract No. 30, =Easement s/ 14TAE Tract 2A, City of Haltom City, Tarrant Access County,Texas George Akers Survey, Abstract No. 30, 0.247 Acres/ 14TCE Tract 2A, City of Haltom City, Tarrant Temporary County,Texas Construction y 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 0.166 acres in permanent sewer facility easement, 0.348 acres for a temporary access easement and 0.247 acres for a temporary construction easement from real property owned by TK&AS Investments, Inc. The property is needed for the Big Fossil Creek Parallel Relief Sanitary Sewer Main M-402A, Phase 2 project, a public use that will provide parallel relief for sewer main M-402A. The land rights in the subject property are needed for the construction, operation, maintenance, replacement, upgrade, and repair of the permanent sewer line facility as necessary. The property is located on the southside of Baker Boulevard between Big Fossil Creek and the junction of State Highway 26 and Baker Boulevard in the George Akers Survey, Abstract No. 30, Tract 2A, City of Haltom City, Tarrant County, Texas. The property interests to be acquired are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." This property is located in the City of Haltom City near COUNCIL DISTRICT 4. 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 previously appropriated, of the Water/Sewer Bond 2016, Big Fossil Crk Sani Sewer Ph 2 Project No. CO2702. The Property Management Department has the responsibility to validate the availability of funds prior to the expenditure of funds. Submitted for City Manager's Office W. Dana Burghdoff 8018 Originating Business Unit Head: Steve Cooke 5134 Additional Information Contact: Ricardo Salazar II 8379 Niels Brown 5166