HomeMy WebLinkAboutResolution 5359-03-2021 A Resolution
NO. 5359-03-2021
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 March 2, 2021, in M& C 21-0155, ordered and
decreed that a public necessity existed for 0.441 acres in permanent sewer easement and 1.291 acres for
temporary construction easements from improved property located east of the intersection of East Loop
820 South and Martin Street James W. Daniel Survey, Abstract 395, City of Fort Worth, 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 Lake Arlington Force Main and Lift Station Project(the"Project")
- the land rights in the Property are needed for new sewer improvements 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 March 2, 2021, at a regular meeting of the Fort Worth City
Council, upon Motion of Council member Gyna Bivins,to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.441 acres in permanent easement and 1.291 acres
for temporary construction easements from improved property owned by VSB Investments,
LLC. The property is needed for the Lake Arlington Force Main and Lift Station Project, a
public use that will increase sewer capacity for the Village Creek Wastewater Basin. The
property is located east of the intersection of East Loop 820 South and Martin Street James W. Daniel
Survey, Abstract 395, City of Fort Worth, 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 2°d day of March 2021.
ATTEST:
By:
moo..
Mary J. Kayser, City Secretary
SL
XAS
Lake Arlington Lift Station and Force Main
City Project No. 100995
Parcel No. 29
4851 E. LOOP 810 S., FORT WORTH, TEXAS 76119
JAMES W. DANIEL SURVEY Abstract 395 Tract 7
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
TEMPORARY CONSTRUCTION EASEMENT
DATE: March 6, 2020
GRANTOR: VSB INVESTMENTS, LLC
GRANTOR'S MAILING ADDRESS (Including County);
701 ABERDEEN WAY
SOUTHLAKE, TARRANT COUNTY, TX 76092
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
200 TEXAS STREET
FORT WORTH, TARRANT COUNTY,TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY: Being more particularly described in the attached Exhibits "A" and "B".
Grantor, for the consideration paid to Grantor, hereby grant, bargain and convey unto Grantee,
its successors and assigns, the use and passage in, over, and across, below and along the
Easement Property situated in Tarrant County, Texas, in accordance with the legal description
hereto attached as Exhibit "A", and ingress and egress over Grantor's property to the easement
as shown on Exhibit"B".
TEMPORARY CONSTRUCTION EASEMENT
Rev.1/9/18
It is further agreed and understood that Grantee will be permitted the use of said Easement
Property for the purpose of construction of a Sewer Line Facility. Upon completion of
improvements and its acceptance by Grantee, all rights granted within the described Temporary
Construction Easement shall cease.
TO HAVE AND TO HOLD the above described Easement Property, together with, all and
singular, the rights and appurtenances thereto in anyway belonging unto Grantee, and
Grantee's successors and assigns until the completion of construction and acceptance by
Grantee. Grantor hereby bind themselves, their heirs, successors, and assigns, to warrant and
defend, all and singular, said easement unto Grantee, its successors and assigns, against every
person whomsoever lawfully claiming or to claim the same, or any part thereof.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
TEMPORARY CONSTRUCTION EASEMENT
Rev.1/9/18
FORTVV U11
GRANTOR:
GRANTEE: City of Fort Worth
By(Signature):
(Print Name)_________________, Title____--____-_
APPROVED AS TO FORM AND LEGALITY
(Signature)-------------------------------
(Print Name)__________________, Title_-_______-
THE STATE OF TEXAS §
COUNTY OF TARRANT §
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared , known to me to be the same person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of and that he/she executed the same as the act of said
the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20__.
Notary Public in and for the State of Texas
TEMPORARY CONSTRUCTION EASEMENT
Rev.1/9/18
FORTIVORTIL.
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared
of the City of Fort Worth, known to me to be the same person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of the City of Fort Worth and that he/she executed the same as the act of the City of
Fort Worth for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
_, 20—
Notary Public in and for the State of Texas
TEMPORARY CONSTRUCTION EASEMENT
Rev.1/9/18
0VRT
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Being a part of the James W. Daniel Survey, Abstract No. 395, situated in the City of Fort
Worth, Tarrant County, Texas, and being a portion of the tract described in the deed to VSB
Investments, LLC, recorded in Instrument Number D215155398 of the Deed Records of Tarrant
County, Texas (D.R.T.C.T.) and being more particularly described as follows:
COMMENCING at an iron rod found with plastic cap stamped "RPLS 5433" for the northeast
corner of the tract described in the deed to Oak Creek Housing Properties, LP and the
southeast corner of Lot 1 Block 1 Cavco Addition as it appears upon the map recorded in
Volume 388-171, Page 10 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.) in the west
line of said VSB tract, from which %' iron found for the southeast corner of said Oak Creek tract
and the northeast corner of the tract described in the deed to YES Companies EXP2 Key, LLC
recorded in Instrument Number D216186342 of the said Deed Records, bears S 01011'41" E, a
distance of 482.55 feet.
THENCE S 01011'41" E, along the common line of said Oak Creek tract and said VSB tract, a
distance of 155.93 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673"for
the POINT OF BEGINNING.
THENCE S 20040'07" E, a distance of 611.82 feet to a 5/8" iron rod set with plastic cap stamped
"DEOTTE RPLS 4673".
THENCE S 06015'37" W, a distance of 47.40 feet to a 5/8" iron rod set with plastic cap stamped
"DEOTTE RPLS 4673".
THENCE S 51015'37" W, a distance of 194.89 feet to a 5/8" iron rod set with plastic cap
stamped "DEOTTE RPLS 4673" in the south of said VSB tract and the north line of the tract
described in the deed to YES Companies EXP2 Key, LLC, recorded in instrument Number
D216186318 of the said Deed Records.
THENCE S 88020'25" W, along the common line of said VSB tract and said YES tract, a
distance of 42.66 feet to the southwest corner of said VSB.
THENCE N 01°25'56" W, along the west line of said VSB tract, a distance of 15.03 feet to the
southeast comer of first mentioned YES tract.
THENCE N 01016'34" W, along the common line of said VSB tract and said YES tract, a
distance of 53.32 feet.
THENCE N 51°15'37" E, a distance of 151.91 feet.
THENCE N 20040'07" W, a distance of 362.78 feet in the said common line of VSB tract and
said Oak Creek tract.
THENCE N 01*11'41" W, along said common line, a distance of 239.97 feet to the POINT OF
BEGINNING containing 56,252 square feet or 1.291 acres more or less of which 12,132 square
feet or 0.279 acres lies within existing easement, leaving 44,120 square feet or 1.012 acres
more or less exclusive of said existing easement.
Page 1 of 4
i
NOTES:
1) All bearings and coordinates are in US survey feet surface using a scale factor of
1.000137001 and referenced to the Texas Coordinate System, Nad-83, The North
Central Zone 4202.
2) Exhibit B of same date accompanies this legal description.
..0 F T
P ' �srER°Ff
.........................
..JAMES E. DeOTTE
..%...... ... ,..
�.A 4673�
P;
'•�PQFE S S O pQ`
•SUR\'
Date: 31612020
James E. DeOtte
Registered Professional Land Surveyor
No. 4673
James DeOtte Engineering, Inc.
TBPLS Firm No. 10101400
2201 Dottie Lynn Parkway, Suite 119
Fort Worth, Texas 76120
(817) 446 —6877
Page 2 of 4
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EXHIBIT B VICINITY MAP
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NOTES:
BEARINGS ARE REFERENCED TO TWO IRON RODS FOUND MARKED AS
CONTROLLING MONUMENTS ALL DISTANCE AND AREAS SHOWN ARE SURFACE.
LEGAL DESCRIPTION OF SAME DATE ACCOMPANIES THIS PLAT.
518" CAPPED IRON RODS STAMPED "DEOTTE RPLS 4673' WILL BE SET AT
CORNERS OF THE ACCESS EASEMENT
LE�EaI�
PROPERTY BOUNDARY — —
EX EASEMENT
PROP. EASEMENT
CAPPED IRON ROD SET CIRS
IRON ROD FOUND IRF
DEED RECORDS TARRANT COUNTY TDCAS D.R.T.C.T.
PLAT RECORDS TARRANT COUNTY TEXAS P.R.T.C.T.
EXHIBIT B SHOWING A 0 F
FORT WORTH PARCEL OF PROPERTY ............'c •'F
SITUATED IN THE �Q;. ,%S T E RF•;�"
JAMES W DANIEL SURVEY TARROT COUNTY
TEXAS ...:.........................
AS RECORDED IN JAMES E. DeOTTE
City of Fort Worth INST. D215155398 ••Y"•""'••••••••""'ti"'
200 TEXAS STREET DEED RECORDS OF TARRANT COUNTY TEXAS :A 4673
FORT WORTH, TX. 76102 ,p
y • FE s s;..•y0
PROJECT LAKE ARLINGTON LIFT STATION AND FORCE MAIN I CITY PROJECT No. 100995 ND•S U R'J
TEMPORARY CONSTRUCTION EASEMENT I PARCEL No. 29
LAND ACQUISITION AREA: 56,252 SQ FT OR 1.291 AC
✓DEI JOB No. 201704200 1 DRAWN BY- PWY 1PAGE 3 OF 4 Date: 31612020
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877
7BPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00
OAK CREEK HOUSING CORPORATION \
2450 S SHORE BLVD STE 300 \ EXHIBIT B
LEAGUE CITY, TX 77573
!
SITE- 4805 E. LOOP 820 S 0 S' SANITARY EWER EASEMENT �'
FORT WORTH, TEXAS 611P 01EWE95 . PAGE 4 OF 4
LOT BLOCK 1 \
CAVCO ADDITION D.R.T.C.T
VOLUME 388-171, PAGE 10 P.O.C.
P.R.T.C.T. — — CIPF YELLOW RPLS 54 M
15' SANITARY SEWER EASEMENT
D 16204776H
D.R.T C.T.
OAK CRK HOUSING PROPERTI LINE FOR 155.93' APPROXIMATE AREA OF OVERLAP
2450 S SHORE BLVD STE \ 9,277 SQ FT OF EXISTING
LEAGUE CITY, TX 7757'DIRECnONAL
30' SANITARY SEWER EASEMENT
SITE: 4851 E LOOP 620 CONTROL �8•\p
FORT WORTH, TEXAS 761 i9 P.O.B. D 182516790
D207364066 \
D.R.T.C.T. D.R.T.C.T.
N 1.1 1'41'W' \ 30' SANITARY
239.97
`\ SEWER EASEMENT
D 1 B7394e41 \
TEMPORARY CONSTRUCTION `\ \ D.R.T.C.T.
EASEMENT56,252 SQ. FT. S 1'11'41"E' �\ \ \ 611.82'
'07�'
CONTAINING
/ 1.291 AC. 482.55' ��\.\ \ 611.
(C-M.) PROPOSED
SE
1/2 /RF WER EASEMENT \
i \ t 15' SANITARY \
SE
N2O'4O'O7 WER EASEMENT
' D162047769
YES COMPANIES EXP2 KEY LLC 362.78' \ \ D.R.T.C.T.
1900 16TH ST STE 950 ' �\\ \ V5B INVESTMENTS LL
DENVER, CO 80202
D216186342 \ SOUTHLAKE, TX 6092
O.R.T.C.T. 30' SANITARY \ \
SEWER EASEMENT
D182516790 \ SITE: 4851 E. LOOP H2O
\\ \ FORT WORTH, 1 TEXAS 7611\
APPROXIMATE AREA OF OVERLAP 0.R.T.C.T. \ D215155398
Z855 SQ FT OF EXISTING t , e;cf?s D.R.T.C.T.
30' SANITARY SEWER EASEMENT N51'15'37"E' S6'15'37'W'
D182516790 151.91'
D.R.T.C.T. ,r/,s a•.gRs 47.40'
N 1'16'34'W' S51'15 37'W'
MARTIN ST _ 5J 32' 194.89'
48 RIGHT-OF—WAY) N125'56'W' 5/e•CIRS
_ T 15.03' I YES COMJ JNIES EXP2 KEY LLC I
950
YES COMPANIES EXP2 KEY LLC 19DE TH ST STE 2
1900 16TH ST STE 950 S88.20,25,W, DYER, CO B0202
DENVER, CO 80202 , 1p12�6118631 B
TRACT 1 42.66 I �D.R.T.C.T.
l D D.R.,C.T, I
LEGEND.
r PROPERTY BOUNDARY — —
EX EASEMENT
0 3^0 400 PROP. EASEMENT I
CAPPED IRON ROD SET CIRS
IRON ROD FOUND IRF
GRAPHIC SCALE IN FEET DEED RECORDS TARRANT COUNTY TEXAS D.R.T.C.T.
PLAT RECORDS TARRANT COUNTY TEXAS P.R.T.C.T.
EXHIBIT 8 SHOWING A O F
FORT WORTH PARCEL OF PROPERTY •••"'••• rF
SITUATED IN THE `P:�G\S T f Rt:••;I"
JAMES W DANIEL SURVEY TARRANT COUN ° s
TEXAS .. ..................... ...
• AS RECORDED IN •JAMES E. DeOTTE
C/ty of fort Worth INST. D215155398 • +►•••••••••••••••••••••ti•••
200 TEXAS STREET DEED RECORDS OF TARRANT COUNTY TEXAS '.A 4673 P r
FORT WORTH, TX. 76102 •�•
�q °FEss ° •O�
PROJECT: LAKE ARLINGTON LIFT STATION AND FORCE MAIN CITY PROJECT No. 100995 NO •$U R`I�-k
TEMPORARY CONSTRUCTION EASEMENT PARCEL No. 29
LAND ACQUISITION AREA: 56,252 SQ FT OR 1.291 AC
JDEI JOB No. 201704200 1 DRAWN BY. PWY IPAGE 4 OF 4 Date: J1612020
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817--446-6877
7BPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00
Lake Arlington Lift Station and Force Main
City Project No. 100995
Parcel No. 29
4851 E. LOOP 810 S., FORT WORTH, TEXAS 76119
JAMES W. DANIEL SURVEY Abstract 395 Tract 7
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
PERMANENT VARIABLE WIDTH SEWER EASEMENT
DATE: March 6, 2020
GRANTOR: VSB INVESTMENTS, LLC
GRANTOR'S MAILING ADDRESS (including County);
701 ABERDEEN WAY
SOUTHLAKE, TARRANT COUNTY, TX 76092
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (Including County);
200 TEXAS STREET
FORT WORTH, TARRANT COUNTY, TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY: Being more particularly described in the attached Exhibits "A" and "B".
Grantor, for the consideration paid to Grantor and other good and valuable consideration,
hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive,
perpetual easement for the construction, operation, maintenance, replacement, upgrade, and
repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility
includes all incidental underground and aboveground attachments, equipment and
appurtenances, including, but not limited to manholes, manhole vents, lateral line connections,
pipelines, junction boxes in, upon, under and across a portion of the Property and more fully
described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes,
together with the right and privilege at any and all times to enter Property, or any part thereof,
for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said
Facility.
PERMANENT VARIABLE WIDTH SEWER EASEMENT
Rev.119118
a rWoP
Grantee, at its sole discretion, shall be able to install and maintain a gate within the Easement.
In no event shall Grantor(1) use the Property in any manner which interferes in any material way
or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within
the easement property a permanent structure or building, including, but not limited to,
monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that
require a building permit. However, Grantor shall be permitted to install and maintain a
concrete, asphalt or gravel driveway, road or parking lot across the Easement Property.
Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and
expense, including the restoration of any sidewalks, driveways, or similar surface improvements
located upon or adjacent to the Easement Tract which may have been removed, relocated,
altered, damaged, or destroyed as a result of the Grantee's use of the easement granted
hereunder. Provided, however, that Grantee shall not be obligated to restore or replace
irrigation systems or other improvements installed in violation of the provisions and intended use
of this Easement.
Subchapter E of the Texas Property Code, as amended, the owner or the owner's heirs,
successors, or assigns may be entitled before the 10th anniversary of the date of this
acquisition to repurchase or request certain information about the use and any actual progress
made toward the use for which the property was acquired through eminent domain, and the
repurchase price will be the price the city pays you in this acquisition.
TO HAVE AND TO HOLD the above-described easement, together with all and singular the
rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors
and assigns forever; and Grantor does hereby bind itself and its successor and assigns to
warrant and forever defend all and singular the easement unto Grantee, its successor and
assigns, against every person whomsoever lawfully claiming or to claim the same, or any part
thereof.
When the context requires, singular nouns and pronouns include the plural.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
PERMANENT VARIABLE WIDTH SEWER EASEMENT
Rev.7/9/18
GRANTOR:
GRANTEE: City of Fort Worth
By(Signature):
(Print Name) , Title
APPROVED AS TO FORM AND LEGALITY
(Signature)
(Print Name) , Title
THE STATE OF TEXAS §
COUNTY OF TARRANT §
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared , known to me to be the same person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of and that he/she executed the same as the act of said
the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20_.
Notary Public in and for the State of Texas
I
PERMANENT VARIABLE WIDTH SEWER EASEMENT
Rev.119/18
o r�1►a
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared___ __
--------
---of the City of Fort Worth, known to me to be the same person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of the City of Fort Worth and that he/she executed the same as the act of the City of
Fort Worth for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20_.
Notary Public in and for the State of Texas
PERMANENT VARIABLE WIDTH SEWER EASEMENT
Rev.1/9/18
FORTIVORT11
EXHIBIT A
LEGAL DESCRIPTION
PERMANENT VARIABLE WIDTH SEWER EASEMENT
Being a part of the James W. Daniel Survey, Abstract No. 395, situated in the City of Fort
Worth, Tarrant County, Texas, and being a portion of the tract described in the deed to VSB
Investments, LLC, recorded in Instrument Number D215155398 of the Deed Records of Tarrant
County, Texas (D.R.T.C.T.) and being more particularly described as follows:
COMMENCING at an iron rod found with plastic cap stamped "RPLS 5433" for the northeast
corner of the tract described in the deed to Oak Creek Housing Properties, LP, recorded in
Instrument Number D207364066 of the said Deed Records and the southeast corner of Lot 1
Block 1 Cavco Addition as it appears upon the map recorded in Volume 388-171, Page 10 of
the Plat Records of Tarrant County, Texas (P.R.T.C.T.) in the west line of said VSB tract, from
which Y2" iron found for the southeast corner of said Oak Creek tract and the northeast corner of
the tract described in the deed to YES Companies EXP2 Key, LLC recorded in Instrument
Number D216186342 of the said Deed Records, bears S 01a11'41" E, a distance of 482.55 feet.
THENCE S 01011'41" E, along the common line of said Oak Creek tract and said VSB tract, a
distance of 95.94 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in
the southwesterly line of the 15 feet wide Sanitary Sewer Easement described in Instrument
Number D162047769 of the said Deed Records and for the POINT OF BEGINNING.
THENCE S 20040'07" E, along said southwesterly line of said easement, a distance of 724.78
feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in the northwesterly
line of a 30 feet wide Sanitary Sewer Easement described in Instrument Number D187394841
of the said Deed Records.
THENCE S 56000'41" W, along said northwesterly line of said easement, a distance of 76.13
feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673".
THENCE S 51015'37" W, a distance of 96.18 feet to a 5/8" iron rod set with plastic cap stamped
"DEOTTE RPLS 4673" in the southwesterly line of a said easement.
THENCE N 89025'37" E, along said southwesterly line of said easement, a distance of 40.02
feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" and being the most
southeasterly corner of said easement.
THENCE S 56000'41" W, a distance of 34.01 feet to a 5/8" iron rod set with plastic cap stamped
"DEOTTE RPLS 4673" in the south of said VSB tract and the north line of the tract described in
the deed to YES Companies EXP2 Key, LLC, recorded in instrument Number D216186318 of
the said Deed Records.
THENCE S 88020'25" W, along the common line of said VSB tract and said YES tract, a
distance of 69.51 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673".
THENCE N 51015'37" E, a distance of 194.89 feet to a 5/8" iron rod set with plastic cap stamped
"DEOTTE RPLS 4673".
THENCE N 06015'37" E, a distance of 47.40 feet to a 5/8" iron rod set with plastic cap stamped
"DEOTTE RPLS 4673".
Page 1 of 4
THENCE N 20040'07" W, a distance of 611.82 feet to a 5/8" iron rod set with plastic cap
stamped "DEOTTE RPLS 4673" in the said common line of VSB tract and said Oak Creek tract.
THENCE N 01*11'41" W, along said common line, a distance of 59.99 feet to the POINT OF
BEGINNING containing 19,228 square feet or 0.441 acres more or less of which 2,304 square
feet or 0.053 acres lies within existing easement, leaving 16,924 square feet or 0.388 acres
more or less exclusive of said existing easement.
NOTES:
1) All bearings and coordinates are in US survey,feet surface using a scale factor of
1.000137001 and referenced to the Texas Coordinate System, Nad-83, The North
Central Zone 4202.
2) Exhibit B of same date accompanies this legal description.
s r eRF F 9
�:.� .
.........................
••JAMES E. DeOTTE
..%.....................%.
q 4673 �r
q�.••E s s�•.•y0
SUR`J�
Date: 31612020
James E. DeOtte
Registered Professional Land Surveyor
No. 4673
James DeOtte Engineering, Inc.
TBPLS Firm No. 10101400
2201 Dottie Lynn Parkway, Suite 119
Fort Worth, Texas 76120
(817)446—6877
Page 2 of 4
JLi EXHIBIT B VICINITY MAP
J � W N.T.S.
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NOTES
BEARINGS ARE REFERENCED TO TWO IRON RODS FOUND MARKED AS
CONTROLLING MONUMENTS. ALL DISTANCE AND AREAS SHOWN ARE SURFACE.
LEGAL DESCRIPTION OF SAME DATE ACCOMPANIES THIS PLAT.
5/8" CAPPED IRON RODS STAMPED DEOTTE RPLS 4673" WILL BE SET AT
CORNERS OF THE ACCESS EASEMENT
/F�Frun.
PROPERTY BOUNDARY — —
EX. EASEMENT
PROP. EASEMENT
CAPPED IRON ROD SET CIRS
IRON ROD FOUND IRF
DEED RECORDS TARRANT COUNTY 7D(AS D.R.T.C.T.
PLAT RECORDS TARRANT COUNTY TEXAS P.R.T.C.T.
EXHIBIT B SHOWING A Of
ORT WORTH PARCEL OF PROPERTY E•°•" ••••rF
SITUATED IN THE �Q"• G\S T ERE•;I
✓AMES W DANIEL SURVEY TARRANT COUNTY
TEXAS .............................
AS RECORDED IN •JAMES E. DeOTTE
City Of Fort Worth /NST. D215155398 • Y„•„•••••••• ••••••.V..
200 TEXAS STREET DEED RECORDS OF TARRANT COUNTY TEXAS A 4673 P
FORT WORTH, TX 76102 �•'°.QOF p�;.'
PROJECT. LAKE ARLINGTON LIFT STATION AND FORCE MAIN CITY PROJECT No. 100995 ENO•S U R\A�
PERMANENT VARIABLE WIDTH SEWER EASEMENT PARCEL No. 29
LAND ACQUISITION AREA: 19,228 SQ FT OR 0.441 AC
JDEI JOB No. 201704200 DRAWN BY. PWY PAGE 3 OF 4 Date: 3/6/2020
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00
OAK
2450 S SHORE BLVD STE 300 N \ j EXHIBIT B
LEAGUE CITY, TX 77573
SITE: 4805 E. LOOP 820 S. PAGE 4 OF 4
FORT WORTH, EXAS 76119 30' SANITARY SEWER EASEMENI\-�r
LOT 1, BLOCK 1 0182024495 `` \
CAVCO ADDITION 0.R.T.C.T. f i
VOLUME 388-171, PAGE 10 P.O.C. (C.M.)
P.R.T C.T — — — —' CIRF YELLOW RPLS St"
15' SANITARY SEWER EASEMENT— 1' S 1'1 1'41"E'
D 162047755 95.94'
D.R.T. r. P.O.B. s/s'�rRs APPROXIMATE AREA OF OVERLAP
N 1'11'41'W' { 1,74J SO FT OF EX/STING
59.99' 30' SANITARY SEWER EASEMENT
OAK CRK HOUSING PROPERTIES LP 5/8-CIRS D 1825 1 6 790
2450 S SHORE BLVD SE 300 \ \ \ 30' SANITARY D,R.TC.T
LEAGUE CITY, TX 77573 S 1'1 1'41'E'
SITE.• 4551 E. LOOP 520 S. \ \ SEINER EASEMENT
FORT WORTH, TEXAS 76119 482.55, D 187JY4541
D207J54066 \ D.R.T.C.T.
D.R.T.C.T. LINE FOR DIRECTIONAL \ \ S20'40'07'E'
� ` �, \ 724.78'
CONTROL
VSB INVESTMENTS LLC
\ \ 701 ABERDEEN WAY
30' SANITARY SEWER EASEMENT \ \ �TE• 4851 E. LOOP 820 S.
D1 825 1 6 790 ` \ FrypT WORTH, TEXAS 76119
D.R.T.C.T. ` \ \ TRACT I \
1y(2 /RF \\ \ D215155398 PERMANENT VARIABLE
N20'40'07'W' (C.M.) _�\ \ \ D.R.T.C.T. WIDTH SEWER
EASEMENT CONTAINING
YES COMPANIES EXP2 KEY LLC 611.82 { 5 19,228 SO FT
1900 16TVER, ST SE 2 PROPOSED 15' SANITARY 0.441 AC.
DENVER, CO 80202 SEINER EASEMENT
0216186342 TEMPORARY 1 \ D 162047759
D.R.T.C.T. CONSTRUCTION I w� \
D.R.
EASEMENT r,c.r.
APPROXIMATE AREA OF OVERLAP N6'154i.
'37'E' ` ` \ S56'00'41'W' \
561 SO FT OF EX/STING 47�' 5�fP' CIRS � } 76.13'
30' SANITARY SEWER EASEMENT �s/s'crR ,11 ', S51'15'37'W'
D 182516790 N51'15 37�' /, _ 96.18
D.R.T.C.T. 194.89' /s N89'25'31 IV
MARTIN ST 5 e•cuzs 5/8-C/RS 40.02'
OF—WAY s/s•C/RS I
--i I 0� S56'00'41'W'YES COMPANIES
I
YES COMPANIES
EXP2 KEY LLC 34.01' EXP2 KEY LLC
//1900 16TH ST SE 950 S88 20'25'W' Il 1900 16TH ST STE 950
DENVER, CO 80202 ' I DENVER, CO 80202
69.51
/ TRACT 1 �' D2 l 618TRACT
l8, 2D.R.T C.T
D216186318, D.R.T C.T
LEGEND,
PROPERTY BOUNDARY — —
EX. EASEMENT — —— —— —
0 200 400 PROP. EASEMENT
CAPPED IRON ROD SET C/RS
IRON ROD FOUND /RF
GRAPHIC SCALE IN FEET DEED RECORDS TARRANT COUNTY TEXAS D.R.T.C.T.
PLAT RECORDS TARRANT COUNTY TEXAS P.R.T,C.T.
EXHIBIT B SHOWING A 0 F
FORT WORTH PARCEL OF PROPERTY 't�:•••"'••••?F
SITUATED /N THE A,0 STERic••'•;l—
JAMES W DANIEL SURVEY TARRANT COUNTY
TEXAS .............................
AS RECORDED IN JAMES E. DeOTTE
City of Fora' Worth INST. D215155398 ••Y•••••••••••••••••••••+••
200 TEXAS STREET DEED RECORDS OF TARRANT COUNTY TEXAS ..A 4673
FORT WORTH, TX. 76102 'p
PROJECT• LAKE ARLINGTON LIFT STATION AND FORCE MAIN CITY PROJECT No. 100995 9�0•S U
PERMANENT VARIABLE WIDTH SEWER EASEMENT PARCEL No. 29
LAND ACQUISITION AREA: 19,22E SQ FT OR 0.441 AC
JDEI JOB No. 201704200 DRAWN BY. PWY PAGE 4 OF 4 Date: 31612020
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 - 817-446-6877
TBPE FIRM Reg. No. 8917 - TBLS Firm Reg. No. 101014-00
M & C MAP 4851 East Loop 820 South
between East Loop 820 South & Lake Arlington
�� LJ Wth
428,412 SQUARE FEET OF LAND IN THE
O r JAMES W. DANIEL SURVEY
' Z LAF{EViEW _ ABSTRACT NO, 395
r O C [,OL0 TERES7
r-4 f LILI
! , - 19,228 Square Feet
Permanent Easement
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FORT WORTH ❑Temporary Construction Easement
rs Copyright 2019 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- a }"
the-ground survey and represents only the approximate relative location of property Permanent Sewer Easement
boundaries.The City of Fort Worth assumes no responsibility for the accuracy of said
s
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/02/21 M&C FILE NUMBER: M&C 21-0155
LOG NAME: 21 CONDEMNATION-4851 E LOOP 820-VSB
SUBJECT
(CD 5)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.441 Acres in Permanent Sewer Easement and 1.291 Acres
for a Temporary Construction Easement from Improved Property Owned by VSB Investments, LLC,Located East of the Intersection of East Loop
820 South and Martin Street in the James W.Daniel Survey,Abstract 395,in the City of Fort Worth, Tarrant County,Texas,for the Lake Arlington
Lift Station and Force Main Project
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 0.441 acres in permanent sewer easement and 1.291 for a
temporary construction easement from improved property owned by VSB Investments,LLC,located east of the intersection of East Loop
820 South and Martin Street James W.Daniel Survey,Abstract 395,City of Fort Worth,Tarrant County,Texas,were unsuccessful due to the
inability to reach a mutually agreed upon value for the property interests the City is acquiring;
2. Declare the necessity to acquire the described property interest for the Lake Arlington Force Main and Lift Station 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 sewer improvements that will increase conveyance capacity
necessary to handle projected growth within the Village Creek Wastewater Basin. The Fort Worth Wastewater Master Plan recommends the
installation of a lift station and force main within the lower reaches of the Village Creek Basin. This new sewer improvement will be constructed for
public use and funds for this project were included within the Water&Sewer Capital Project 2018(W&S Capital Proj 2018)fund proceeds.The
land rights in the improved subject property are needed for a new force main sewer line.
An independent appraisal established fair market value for the permanent sewer and temporary construction property interests in the total amount
of$14,361.00. 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 sewer easement and temporary construction
easement on the property.
Improved Subject Property_
Parcel Legal Description Acreage/Property Interest
U29- Being part of James W. Daniel 0.441 Acres/Permanent
PSE Survey,Abstract 395 Sewer Easement
F-2-9-7113eing part of James W. Daniel 11.291 Acres/Temporary
TCE ,Survey,Abstract 395 1 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:
1 move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.441 acres in permanent
sewer easement and 1.291 acres for a temporary construction easement from improved property owned by VSB Investments, LLC. The
property is needed for the Lake Arlington Lift Station and Force Main project,a public use that will construct public sewer improvements,
increasing conveyance capacity necessary to handle projected growth within the Village Creek Wastewater Basin. The property is located east of
the intersection of East Loop 820 South and Martin Street James W.Daniel Survey,Abstract 395,City of Fort Worth,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 Fort Worth near COUNCIL DISTRICT 5.
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,in the W&S Capital Proj 2018 Fund for the Lake Arlington,FM, LS and SS project.Prior to any
expenditure being incurred,the Water and Property Management Departments has the responsibility to validate the availability of funds prior to the
expenditure of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Burt Gonzales 2311
Ricardo Salazar 8379