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HomeMy WebLinkAboutResolution 5365-03-2021A Resolution NO. 5365-03-2021 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 23, 2021 , in M& C 21-0212 , ordered and decreed that a public necessity existed for 0.261 acres in permanent sewer easements and 1.043 acres for temporary construction easements from improved property located at 3801 and 3825 South Cravens Road , east of the intersection of East Loop 820 South and Berry Street, Lot 5 and Lot 4A, Block 4 of the Handley Heights South Addition , 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 , on this March 23 , 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 0.261 acres in permanent sewer easements and 1.043 acres for temporary construction easements from improved property owned by Demetrica V. Williams Family Trust. 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 Berry Street, at 3801 and 3825 South Cravens Road , in Lot 5 and Lot 4A, Block 4 Handley Heights Addition , in the 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 C01mnunication." Seconded by Council member Jungus Jordan, 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 23rd day of March 2021. ATTEST: By:~9~ Mary J. Kayser, City Secretary Lake Arlington Lift Station and Force Main City Project No. 100995 Parcel No. 44 3801 S Cravens Rd, Fort Worth, Tx 76119 Lot South 5, Block 4 Handley Heights South Addition STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH PERMANENT 20' WIDTH SEWER EASEMENT DA TE: March 20, 2020 GRANTOR: DEMETRICA V WILLIAMS FAMILY TRUST GRANTOR'S MAILING ADDRESS (Including County); PO BOX 13275 ARLINGTON, TARRANT COUNTY, TX 76094 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". Granter, for the consideration paid to Granter 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 20 ' WIDTH SEWER EASEMENT Rev . 1/9/18 FORT WORTH , -.....,....- Grantee, at its sole discretion, shall be able to install and maintain a gate within the Easement. In no event shall Granter {I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) 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 , Granter 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 Granter 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 20' WIDTH SEWER EASEMENT Rev. 1/9/1 8 FORTWORTH. -.....,.-- GRANTOR: THE STATE OF TEXAS § § COUNTY OF TARRANT § GRANTEE: City of Fort Worth By (Signature): (Print Name), ____ _ , Title APPROVED AS TO FORM AND LEGALITY (S ignature) (Print Name)_ ____________ , Title ________ _ 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 __ . PERMAN ENT 20' WIDTH S EWE R EASEM ENT Rev. 1/9/18 Notary Public in and for the State of Texas FORT WORTH , -...,.,- ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OFT ARRANT § BEFORE ME , t he unde rsigned authority, a Notary Public in and for the State of Texas, on th is 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 exp ressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of ,20 __ . PERMANE NT 20 ' WI DT H SEW ER EASEMENT Rev . 1/9/18 Notary Public in and for the State of Texas FORT WORTl:I', ~ EXHIBIT A LEGAL DESCRIPTION PERMANENT 20 ' WIDTH SEWER EASEMENT Being a portion of Lot 5 , Block 4 of Handley Heights South, an addition of the City of Fort Worth, Tarrant County, Texas , as it appears upon the plat as recorded in Volume 1867, Page 310 of the Plat Records, Tarrant County, Texas (P.R.T.C.T), and being more particularly described as follows: COMMENCING at a 1/2" iron rod found for the southeast corner of Lot 6, Block 3 Handley Heights South Addition , the southwest corner of Lot 7, Block 3 Handley Heights South Addition as it appears upon the plat as recorded in Volume 388-D , Page 199 of said Plat Records and in the north right of way line of Dowdell Road (a 60 foot right of way), from which a 1/2" iron rod found at the southeast corner of Lot 7 , Block 3 Handley Heights South Addition and the southwest corner of Lot 8 , Block 3 Handley Heights South Addition and in the north right of way line of Dowdell Road (a 60 foot right of way) bears N 89°28 '15" E , a distance of 310.68'. THENCE S 0 °18'49" E departing the common line of Block 3 Handley Heights South Addition and Dowdell Road , a distance of 55.34 feet to a point in the south right of way line of Dowdell Road and in the north line of Lots 88 & 98, Block 4 Handley Heights South addition as described in the deed as recorded in Volume 9213, Page 1503 (D.R.T.C.T.), THENCE S 89°41 '11 " W along the common line of Lots 88 & 98 and the south line of Dowdell Road, a distance of 100.44 feet to the northwest corner of Lots 88 & 98 and Lots BA & 9A, Block 4 Handley Heights South addition as described in the deed as recorded in Volume 9213 , Page 1503 (D.R.T.C.T.) and in the south right of way line of Dowdell Road , THENCE S 89°27'44" W along the common line of Lots BA & 9A, Block 4 Handley Heights South Addition and the south line of Dowdell Road , a distance of 209.65 feet to a point for the northwest corner of Lots BA & 9A and the northeast corner of Lots 18, 2B1, 381, N% 6, 10B, 11 B , 128, & 138, Block 4 Handley Heights South Addition THENCE S 00 °18'49" E along the common line of Lots BA & 9A, and Lots 18, 2B1 , 381 , N% 6, 1 OB , 11 B, 128, & 138, Block 4 Handley Heights South Addition , a distance of 1121.30 feet to a point for the northeast corner of Lot 5, Block 4 Handley Heights South Addition and the southeast corner of Lot 4A, Block 4 Handley Heights South Addition THENCE S 89 °41 '11 " W along the common line of Lot 5 , and Lot 4A, Block 4 Handley Heights South Addition , a distance of 268.02 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673", set in the west line of a 30 ' Sanitary Sewer Easement as recorded in Instrument Number 0182008661 (D .R.T .C.T.) said point also being the POINT OF BEGINNING , THENCE S 02 °25 '12" W departing the common line of Lot 5 , and Lot 4A, Block 4 Handley Heights South Addition and along the west line of said 30 ' Sanitary Sewer Easement, a distance of 280.32 feet to a 5/8 " iron rod set with plastic cap stamped "DEOTIE RPLS 4673", said point also being in the common line of Lot 5 , and Lots 1 B , 281, 381, N% 6 , 1 OB, 11 B, 128, & 138, Block 4 Handley Heights South Addition THENCE S 89°41'11 " W along the common line of Lot 5 , and Lots 18, 2B1, 3B1 , NYi 6, 108, 11 B , 128, & 13B, Block 4 Handley Heights South Addition and departing the west line of said Page 1 of 5 30 ' Sanitary Sewer Easement, a distance of 20.02 feet to a 5/8 " iron rod set with plastic cap stamped "DEOTIE RPLS 4673", THENCE N 02°25 '12" E departing the common line of Lot 5, and Lots 18,281, 381, N~ 6 , 108, 11 B, 128, & 138, Block 4 Handley Heights South Addition, a distance of 280.32 feet to a 5/8" iron rod set with plastic cap stamped "DEOTIE RPLS 4673", said point also being in the common line of Lot 5, and Lot 4A, Block 4 Handley Heights South Addition THENCE N 89 °41 '11 " E, a distance of 20.02 feet to the POINT OF BEGINNING containing 5 ,606 square feet or 0 .129 acres more or less 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 . Date: 3/20/2020 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 5 URNE DX I-w _J I-u w w <{ <{ QC r::, I ::) z a_ <{ <{ <{ _J u QC REE ___ .. --.., FORT WORTH ~ City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 .fiJ)I£S;_ EXHIBIT B PAGE 3 OF 5 C/) z ~ DD\./DEL <{ QC u VORTH BEARINGS ARE REFERENCED TO A 1/2 INCH IRON ROD FOUND FOR THE CONTROLLING MONUMENT AND POINT OF COMMENCING. ALL DISTANCE AND AREAS SHOWN ARE SURFACE LEGAL DESCRIPnON OF SAME DATE ACCOMPANIES THIS PLAT. 5/8• CAPPED IRON RODS STAMPED •oEOTTE RPLS 467:r WILL BE SET AT CORNERS OF THE EASEMENT EXHIBIT A SHO WING A PARCEL OF PROPERTY OUT OF LOT 5, BLOCK 4 HANDLEY HEIGHTS SOUTH SI TUA TED IN THE J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE J10 DEED RECORDS OF TARRANT COUNTY TEXAS PROJECT: LAKE ARLINGTON LIFT STAnON ANO FORCE MAIN CITY PROJECT No. 100995 PERMANENT 20' WIDTH SEWER EASEMENT PARCEL NO. 44 LANO ACQUIStnON AREA: 5,606 SO FT OR 0 . 129 AC JOEi JOB No . 201704200 DRAWN BY: TC PAGE J OF 5 A ND Date: 3/20/2020 JAMES OeOTTE ENGINEERING, INC. · 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76 120 · 817-446-6877 TBPE FIRM Reg. No . 8917 · TBLS Firm Reg. No . 101014-00 COMMENCING DETAIL -EXHIBIT B SCALE 1"=300' 'LT 6 8LK 3 ---- HA LrY HEIGHTS SOUTH I I LT f l BLK 3 LEY 1-1,t!GHTS SOUTH VOL 38/BI 0, PG 199 If. . T. C.T. Vi L 1388-D, PG 199 I P.R. T. C. T. P.O.C. N89'28 1 15 11E _,_,.-,,.....-- - - -S89'27'44 "W Et L --Rfr 209. 65' __:L_::........:;_::..QJ,.....,..-~.-;.,-0fr":'at-31 0, 68 I _ _,....___;;:,,..._"T"'""~~""""",.._ 5 '8" /RF .,.,. ___ UN£ FOR LT 1A,2A 8LK 4 HANDLEY HEIGHTS SOUTH DIRECTIONAL CONTROL --S0'18 149 11E ------------VOL 1867, --PG 310 P.R. T. C. T. ---Ir , , , , ILT 8A ,9A 8LK 4 55.34' I j--11 ANDLff6u1!/GHTS \ '-.. S89'41 '11 ''W / I VOL 9213, '100.44' II , , LT 18,281,381,N 12;,6, 108,118 8LK 4/ 1 HANDLEY HEIGH1) SOUTH INST D2160 220 II PG 1503 \ 11 D.R. TC. T. L ' J-l.l ~. ~----LT 88,98 8LK 4 D.R. T.C .. , , \ ( ,, -~ (\I --. -C) Y" I I LT -----~----I'L I I I ~~_,.J.!f!!!!~:::;,,..._JI I ,11 I 11 18,281 ,381,N ;/;?-6, 108,118 BLK 4 HANDLEY HEIGHTS SOUTH INST 0216013220 D.R. T. C. T. HANDL Y HEIGHTS SOUTH VOL 9213, PG 1503 D.R. T. C. T. I I I S89'41 '11 "W l ~I 268.02' LT 5 BLK 4 ------, , HANDLEY HEIGHTS SOUTH I I I VOL 1867. PG 310 J 11 D.R. T.C. T. I 11 -TTs --Y2 ___ 6_!_i/1 -JI HANDLEY HEIGH S/ SOUTH / VOL 1867, G 310 D.R. r.7 (. - - o 300 600 1 / I A I -~--1-----.-----_,__-'---~I i l.;T 7 8LK 4 /f ,, II • • HAND r!Y HEIGHTS soµ1rH -- _ __J I Vi J 1867, PG 37/)/ GRAPH IC SCA LE IN FEET FORT WORTH ~ City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 I I D.R. T. C. T. I I EXHIBIT A SHOWING A PARCEL OF PROPERTY OUT OF LOT 5, BLOCK 4 HANDLEY HEIGHTS SOUTH SITUA TED IN THE J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 DEED RECORDS OF TARRANT COUN TY TEXAS PROJECT: LAKE ARLINGTON LIFT STATION AND FORCE MAIN CITY PROJECT No . 100995 PERMANENT 20' WIDTH SEWER EASEMENT PARCEL NO. 44 LAND ACQUISITION AREA : 5,606 SQ FT OR 0. 129 AC JOEi JOB No. 201704200 DRAWN BY: TC PAGE 4 OF 5 Date: 3/20/2020 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 LEGEND: PROPERTY BOUNDARY --- --- EX. EASEMENT - - - - - -- PROP. EASEMENT c:=-_ :=-.==:J CAPPED IRON ROD SET CIRS IRON ROD FOUND /RF DEED RECORDS TARRANT COUNTY TEXAS D.R.T.C.T. PLAT RECORDS TARRANT COUNTY TEXAS P.R. T.C. T. EXHIBIT B PAGE 5 OF 5 DEMETRICA V WILLIAMS FAMILY TRUST PO BOX 13275 ARLINGTON, TX 76094 D213188703 N89°41 '11 ''£ 20.02' D.R. T.C. T. ) 0 60 ~~~ •• GRAPHIC SCALE IN FEET LT 4A BLK 4 HANDLEY HEIGHTS SOUTH VOL 1867, PG 310 D.R.T.C.T. 120 I 5/8" CIRS 268. 02, ~-...------,,-----r--~-=------S 8 . 4 1 '11 ''W PERMANENT 20' --~ WIDTH SEWER EASEMENT CONTAINING 5,606 SQ. FT. / 0.129 AC. I I I I I TEMPORARY 1' co~TRucnoN I EfSEMENT I I I f LT 5 BLK 4 LT 5 BLK 4 HANDLEY HEIGHTS SOUTH VOL 1867, PG 310 D.R.T.C.T. I I HANDLEY HEIGHTS SOUTH VOL 1867. PG 310 I I D.R. T. C.T. DEMETRICA V WILLIAMS FAMILY TRUST PO BOX 13275 ARLINGTON, TX 76094 D213178774 D.R.T.C.T. I I I I I I I I I I I I I I I I DEMETRICA V WILLIAMS FAMILY TRUST PO BOX 13275 ARLINGTON, TX 76094 0213178774 D.R. T.C. T. 30' SEW£~ EASEMENT D182&08661 D.RfC.T. I s,1."""'a-·-c-1R-s~,_•s7? c1k _J - LT 18,281,381,N y'z-6, 108,118 BLK 4 HANDLEY HEIGHTS SOUTH INST D216013220 D.R.T.C.T. KIDWELL KEITH I 589•4 1 1 ,11 ,w GIBBINS SAM PO BOX 4491 20 02' FORT WORTH, TX 76164 / • , 0216013220 I I D.R. T.C. T. EXHIBIT A SHOWING A PARCEL OF PROPERTY OUT OF FORT WORTH ~ LOT 5, BLOCK 4 HANDLEY HEIGHTS SOUTH City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 SITUA TED IN THE J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 DEED RECORDS OF TARRANT COUNTY TEXAS PROJECT: LAKE ARLINGTON LIFT STATION AND FORCE MAIN CITY PROJECT No. 100995 PERMANENT 20' WIDTH SEWER EASEMENT PARCEL NO . 44 LAND ACQU/SlnON AREA : 5,606 SQ FT OR 0 . 129 AC JOEi JOB No . 201704200 DRAWN BY: TC PAGE 5 OF 5 Date: 3/20/2020 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 Lake Arlington Lift Station and Force Main City Project No. 100995 Parcel No. 45 3825 S Cravens Rd, Fort Worth, Tx 76119 Lot South 4A, Block 4 Handley Heights South Addition STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH PERMANENT 20' WIDTH SEWER EASEMENT DA TE: March 20, 2020 GRANTOR: DEMETRICA V WILLIAMS FAMILY TRUST GRANTOR'S MAILING ADDRESS (Including County); PO BOX 13275 ARLINGTON, TARRANT COUNTY, TX 76094 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 20' WIDTH SEWER EASEMENT Rev . 1/9/18 FORT WORTH . -....,....-- Grantee, at its sole discretion, shall be able to install and maintain a gate within the Easement. In no event shall Grantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) 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 20 ' WIDTH SEWER EASEMENT Rev. 1/9/18 FORT WORTH . --.,..--- GRANTOR: THE STATE OF TEXAS § § COUNTY OF TARRANT § GRANTEE : City of Fort Worth By (Signature): _________________ _ (Print Name) , Title APPROVED AS TO FORM AND LEGALITY (Signature) (Print Name)_ _____________ , Title ________ _ 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 forego ing 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 __ . PERMANENT 20 ' WIDTH SEWER EASEMENT Rev . 1/9/18 Notary Public in and for the State of Texas fORTWORTH --..,.--- 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_. PERMANENT 20' WIDTH SEWER EASEMENT Rev . 1/9/1 8 Notary Public in and for the State of Texas FORT WORTH . ---.,..-- EXHIBIT A LEGAL DESCRIPTION PERMANENT 20 ' WIDTH SEWER EASEMENT Being a portion of Lot 4A, Block 4 of Handley Heights South , an addition of the City of Fort Worth , Tarrant County , Texas , as it appears upon the plat as recorded in Volume 1867, Page 310 of the Plat Records, Tarrant County, Texas (P.R.T .C .T), and being more particularly described as follows: COMMENCING at a 1/2" iron rod found for the southeast corner of Lot 6, Block 3 Handley Heights South Addition , the southwest corner of Lot 7 , Block 3 Handley Heights South Addition as it appears upon the plat as recorded in Volume 388-D, Page 199 of said Plat Records and in the north right of way line of Dowdell Road (a 60 foot right of way), from which a 1/2" iron rod found at the southeast corner of Lot 7 , Block 3 Handley Heights South Addition and the southwest corner of Lot 8 , Block 3 Handley Heights South Addition and in the north right of way line of Dowdell Road (a 60 foot right of way) bears N 89°28 '15" E, a distance of 310 .68'. THENCE S 0 °18 '49 " E departing the common line of Block 3 Handley Heights South Add ition and Dowdell Road , a distance of 55.34 feet to a point in the south right of way line of Dowdell Road and in the north line of Lots 8B & 9B , Block 4 Handley Heights South add ition as described in the deed as recorded in Volume 9213 , Page 1503 (D.R.T.C.T.), THENCE S 89 °41 '11 " W along the common line of Lots 8B & 9B and the south line of Dowdell Road , a distance of 100.44 feet to the northwest corner of Lots 8B & 9B and Lots 8A & 9A, Block 4 Handley Heights South addition as described in the deed as recorded in Volume 9213 , Page 1503 (D.R.T.C.T.) and in the south right of way line of Dowdell Road, THENCE S 89 °27'44 " W along the common line of Lots 8A & 9A, Block 4 Handley Heights South Addition and the south line of Dowdell Road, a distance of 209 .65 feet to a point for the northwest corner of Lots 8A & 9A and the northeast corner of Lots 1 B, 2B 1, 3B 1, N% 6, 1 OB, 11 B, 126, & 136, Block 4 Handley Heights South Addition THENCE S 00 ° 18'49" E along the common line of Lots 8A & 9A, and Lots 1 B, 2B 1, 3B 1, N% 6, 1 OB , 11 B, 126, & 136, Block 4 Handley Heights South Addition , a distance of 841 .30 feet to a point for the northeast corner of Lot 4A, Block 4 Handley Heights South Addition and an interior corner of Lots 1 B, 2B 1, 3B 1, N% 6 , 1 OB , 11 B, 12B , & 13B, Block 4 Handley Heights South Addition THENCE S 89°35 '50 " W along the common line of Lot 4A, and Lots 1 B, 2B 1, 3B 1, N% 6, 1 OB, 11 B, 126, & 136, Block 4 Handley Heights South Addition, a distance of 330.15 feet to a 5/8 " iron rod set with plastic cap stamped "DEOTTE RPLS 4673", set in the west line of a 30 ' San itary Sewer Easement as recorded in Instrument Number 0182518212 (D .R.T.C .T .) said point also being the POINT OF BEGINNING , THENCE S 14°46'24 " E departing the common line of Lot 4A, and Lots 1B , 2B1 , 3B1, N% 6 , 1 OB , 11 B, 126, & 136, Block 4 Handley Heights South Add it ion and along the west line of said 30 ' Sanitary Sewer Easement, a distance of 255 .02 feet to a 5/8 " iron rod set with plastic cap stamped "DEOTTE RPLS 4673 ", Page 1 of 5 THENCE S 02°25'12" E along the west line of said 30 ' Sanitary Sewer Easement, a distance of 32 .58 feet to a 5/8" iron rod set with plastic cap stamped "DEOITE RPLS 4673 ", said point also being in the common line of Lot 4A, and Lot 5, Block 4 Handley Heights South Addition THENCE S 89°41 '11 " W along the common line of Lot 5 , and Lot4A, Block 4 Handley Heights South Addition and departing the west line of said 30' Sanitary Sewer Easement, a distance of 20.02 feet to a 5/8 " iron rod set with plastic cap stamped "DEOITE RPLS 4673", THENCE N 02°25 '12 " E departing the common line of Lot 5, and Lot 4A, Block 4 Handley Heights South Addition, a distance of 30 .51 feet to a 5/8" iron rod set with plastic cap stamped "DEOITE RPLS 4673", THENCE N 14 °46 '12 " W, a distance of 257.12 feet to a 5/8" iron rod set with plastic cap stamped "DEOITE RPLS 4673", said point also being in the common line of Lot 4A, and Lots 1 B, 2B 1, 3B 1, NYz 6 , 1 OB , 11 B, 12B, & 13B, Block 4 Handley Heights South Addition THENCE N 89 °35 '50 " E, a distance of 20 .65 feet to the POINT OF BEGINNING containing 5 ,752 square feet or 0.132 acres more or less 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 . Date : 3/20/2020 James E. DeOtte Registered Professional Land Surveyor No .4673 James DeOtte Engineering, Inc. TBPLS Fir m No. 10101400 2201 Dottie Lynn Parkway , Suite 119 Fort Worth, Texas 76120 (817) 446 -6877 Page 2 of 5 URNE DX ~ w _J ~ u w w <:r: <:r: °' <=> I :::J z Q.. <:r: <:r: <:r: _J u °' REE FORT WORTH ~ ALTER CDTTEY EXHIBIT B PAGE 3 OF 5 FIT f-ll lr.ei VICINITY MAP N.T.S. ELIZABETH ',/ORTH FOR T BEARINGS ARE REFERENCED TO A 1/2 INCH IRON ROD FOUND FOR THE CONTROLLING MONUMENT AND POINT OF COMMENCING. ALL DISTANCE AND AREAS SHOWN ARE SURFACE LEGAL DESCRIPTION OF SAME DA TE ACCOMPANIES THIS PLAT. 5/8" CAPPED IRON RODS STAMPED "DEOTTE RPLS 4673" WILL BE SET AT CORNERS OF THE EASEMENT EXHIBIT A SHOWING A PARCEL OF PROPERTY OUT OF LOT 4A, BLOCK 4 HANDLEY HEIGHTS SOUTH SITUATED IN THE City of Fort Worth J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 200 TEXAS STREIT FORT WORTH, TX. 76102 DEED RECORDS OF TARRANT COUNTY TEXAS PROJECT.· LAKE ARLINGTON LIFT STAnON AND FORCE MAIN CITY PROJECT No . 100995 PERMANENT 20' WIDTH SEWER EASEMENT PARCEL NO. 45 LAND ACQU/StnON AREA: 5,752 SQ FT OR 0. 132 AC JOEi JOB No. 201704200 DRAWN BY: TC PAGE 3 OF 5 A NO Dote: 3/20/2020 JAMES DeOTTE ENGINEERING, INC .. 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 · 817-446-6877 TBPE FIRM Reg . No. 891 7 · TBLS Firm Reg. No. 101014-00 COMMENCING DETAIL -EXHIBIT B SCALE 1";300' 0 LT 6 BLK 3 ---- HA Ltf HEIGHTS SOUTH PAGE 4 OF 5 I , LT f l BLK 3 LEY tf.t/GHTS SOUTH VOL 38BJ D, PG 7 99 ff. .T. C. T. v,Ll388 -D, PG 199 I P.R. T.C.T. P.O.C. N89°28'15"E --.--.-n -----sa9 ·21'44"w B Et L ---Rf7 209. 65' ____;.£_~::..§...L--.,............::;;;.a.,,,"ttt-310, 68 I 0 11 LT ~ II z LJJ > <( 0:: u V') -- . __ .......;~-----~~-- s89·41 '11 "W 100.44' ___ \_L LT 88,98 BLK 4 HANDL Y HEIGHTS SOUTH VOL 9213, PG 1503 D.R. T. C. T. LT 8A,9A BL 4 HANDLEY HEIGHTS SOUTH VOL 9213, PG / 1503 D.R. TC. T. -11-+---LT 4 BLK 4A 11 HANDLEY HEIGHTS SOUTH 11 VOL 7867, PG 370 I D.R.T.C.T. _111 111 HANDLEY HEIGHTS/ f OUTH 11 HANDLEY HEIGHTS SOUTH LT 5 BLK ~ / JI I LT 18,281 ,3~r: ~r6, 108,118 VOL 7867, PGI 10 D.R.T.C.T. 11 INST 0276013220 It-: : D.R .T.C.T. I 1 1 11 / NDLEY HEIGHTS SOUTH --+-f-1-1 VOL 7867, PG 370 ---/-(-~ 11 LT S Y,-6 BLK 4 I 7 "-I 0 300 600 / / I/\ I D.R.T.C. T. t-~--1--------,------'------II iJT 7 BLK 4 I I ,1 • - -HAND y HEIGHTS soprH 1 v, 1867, PG 37/J/ GRA PH IC SCA LE IN FEE T / / D.R. T. c. T. I/ FORT WORTH ~ City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76 102 LOT 4A, EXHIBI T A SHOWING A PARCEL OF PROPERTY OUT OF BLOCK 4 HANDLEY HEIGHTS SOUTH SITUA TED IN THE J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 DEED RECORDS OF TARRA N T COUNTY TEXAS PROJECT.· LAKE ARLINGTON LIFT STAnON AND FORCE MAIN CITY PROJECT No . 100995 PERMANENT 20' WIDTH SEWER EASEMENT PARCEL NO. 45 LAND ACQUIStnON AREA: 5,752 SQ FT OR 0 . 132 AC JDEI JOB No . 201704200 DRAWN BY: TC PAGE 4 OF 5 Date : 3/20/2020 JAMES DeOTTE ENGINEERING, INC . · 2201 DOTTIE LYNN PKWY., SUITE 1 19 FORT WORTH, TX. 76120 · 817-446-6877 TBPE FIRM Reg. No . 8917 · TBLS Firm Reg . No. 101014-00 LEGEND: PROPERTY BOUNDARY EX. EASEMENT PROP. EASEMENT CAPPED IRON ROD SET CIRS IRON ROD FOUND /RF DEED RECORDS TARRANT COUNTY TEXAS D.R.T.C.T. PLAT RECORDS TARRANT COUNTY TEXAS P.R.T.C.T. KIDWELL KEITH GIBBINS SAM PO BOX 4491 FORT WORTH, TX 76164 D216013220 O.R.T.C.T. N89"35'50''£ 20.65' EXHIBIT B PAGE 5 OF 5 ® 0 60 ~-··· GRAPHIC SCALE IN FEET LT 18,281,381,N ¥'2-6, 108,118 BLK 4 HANDLEY HEIGHTS SOUTH INST D216013220 O.R.T.C.T. 120 I --------------5/8~/RS 330.15 r- ---------------~-Glo-l-a~~~;.._-----.,-=.;;.;...;..;;..~--------- 89"35'50''W DEMETRICA V WILLIAMS FAMILY TRUST PO BOX 13275 ARLINGTON, TX 76094 D213188703 D.R. T.C.T. LT 4A BLK 4 HANDLEY HEIGHTS SOUTH VOL 1867, PG 310 D.R.T.C.T. \ \ \ \ TEJ,fPORARY ' CON.~TRUCnON \ DEMETRICA V WILLIAMS FAMILY TRUST EA 'EMENT PO BOX 13275 ARLINGTON, TX 76094 \ \ 0213188703 D.R. T.C.T. \ \ \ \ \ \ \ \ \ \ LT 4A BLK 4 HANDLEY HEIGHTS SOUTH VOL 1867, PG 310 D.R.T.C.T. \ \ \ \ \ \ \ \ \ \ \ \ PERMANENT 20'-------,:-" \ \ 30' SEWER EASEMENT D182518212 D.R.T.C.T. WIDTH SEWER EASEMENT CONTAINING 5,752 SQ. FT. / 0.132 AC. \ S2°25'12"W 32.58' ----ni--...-. --~-__ _,I ---- DEMETRICA V WILLIAMS FAMILY TRUST PO BOX 13275 ARLINGTON, TX 76094 D213178774 D.R. T.C. T. FORT WORTH ~ City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 LT 5 BLK 4 HANDLEY HEIGHTS SOUTH VOL 1867, PG 310 D.R.T.C.T. EXHIBIT A SHOWING A PARCEL OF PROPERTY OUT OF LOT 4A, BLOCK 4 HANDLEY HEIGHTS SOUTH SITUATED IN THE J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 DEED RECORDS OF TARRANT COUNTY TEXAS PROJECT: LAKE ARLINGTON LIFT STAnON AND FORCE MAIN CITY PROJECT No . 100995 PERMANENT 20' WIDTH SEWER EASEMENT PARCEL NO . 45 LANO ACQUISITION AREA: 5, 752 SQ FT OR 0. 1 J2 AC JOEi JOB No . 201704200 DRAWN BY: TC PAGE 5 OF 5 Date : 3/20/2020 JAMES OeOTTE 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 Lake Arlington Lift Station and Force Main City Project No. 100995 Parcel No. 44 3801 S Cravens Rd, Fort Worth, Tx 76119 Lot South 5, Block 4 Handley Heights South Addition STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH TEMPORARY CONSTRUCTION EASEMENT DA TE : March 20, 2020 GRANTOR: DEMETRICA V WILLIAMS FAMILY TRUST GRANTOR'S MAILING ADDRESS (Including County); PO BOX 13275 ARLINGTON, TARRANT COUNTY, TX 76094 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 cons ideration , the rece ipt and sufficiency of which is hereby acknowledged . PROPERTY: Being more particularly described in the attached Exhibits "A" and "B". Granter, for the consideration paid to Granter, hereby grant , barga in 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". 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 gran ted within the described Temporary Construction Easement shall cease. Grantee , at its sole discretion , shall be able to install and maintain a gate within the Easement. TEMP ORARY CONSTRUCT IO N EASEMENT Rev . 1/9118 FORT WORTH . --..,.-- It is further agreed the mobile home located within the Temporary Construction Easement will be relocated during the term of Grantee 's use and will be replaced upon completion of the construction. 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. Granter 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 foRTWORTH . --.,.-- GRANTOR: THE STATE OF TEXAS § § COUNTY OF TARRANT § GRANTEE: City of Fort Worth By (Signature): (Print Name) , Title APPROVED AS TO FORM AND LEGALITY (Signature)_ ______________________ _ (Print Name}_ _________ , Title _____ _ 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 __ . T EM PORARY CON ST RU CTION EASE MENT Rev. 1/9/18 Notary Publ ic in and for the State of Texas FORT WORTH . -........--- 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. 1/9/16 FoRTWORTH , ~ EXHIBIT A LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Being a portion of Lot 5, Block 4 of Handley Heights South, an addition of the City of Fort Worth, Tarrant County, Texas, as it appears upon the plat as recorded in Volume 1867, Page 310 of the Plat Records, Tarrant County, Texas (P.R.T.C.T), and being more particularly described as follows : COMMENCING at a 1/2" iron rod found for the southeast corner of Lot 6, Block 3 Handley Heights South Addition, the southwest corner of Lot 7, Block 3 Handley Heights South Addition as it appears upon the plat as recorded in Volume 388-D, Page 199 of said Plat Records and in the north right of way line of Dowdell Road (a 60 foot right of way), from which a 1/2" iron rod found at the southeast corner of Lot 7, Block 3 Handley Heights South Addition and the southwest corner of Lot 8, Block 3 Handley Heights South Addition and in the north right of way line of Dowdell Road (a 60 foot right of way) bears N 89°28 '15" E, a distance of 310 .68'. THENCE S 0°18 '49" E departing the common line of Block 3 Handley Heights South Addition and Dowdell Road, a distance of 55 .34 feet to a point in the south right of way line of Dowdell Road and in the north line of Lots 8B & 9B, Block 4 Handley Heights South addition as described in the deed as recorded in Volume 9213, Page 1503 (D .R.T .C.T.), THENCE S 89°41 '11" W along the common line of Lots 8B & 9B and the south line of Dowdell Road, a distance of 100.44 feet to the northwest corner of Lots 8B & 9B and Lots 8A & 9A, Block 4 Handley Heights South addition as described in the deed as recorded in Volume 9213, Page 1503 (D.R.T.C.T.) and in the south right of way line of Dowdell Road, THENCE S 89°27'44" W along the common line of Lots 8A & 9A, Block 4 Handley Heights South Addition and the south line of Dowdell Road, a distance of 209 .65 feet to a point for the northwest corner of Lots 8A & 9A and the northeast corner of Lots 1 B, 2B 1, 3B 1, NY:i 6, 1 OB, 11 B, 128, & 13B, Block 4 Handley Heights South Addition THENCE S 00 °18'49 " E along the common line of Lots 8A & 9A, and Lots 1B, 2B1, 3B1, NY:i 6, 10B, 11B, 12B , & 13B, Block 4 Handley Heights South Addition, a distance of 1121.30 feet to a point for the northeast corner of Lot 5, Block 4 Handley Heights South Addition and the southeast corner of Lot 4A, Block 4 Handley Heights South Addition THENCE S 89°41'11" W along the common line of Lot 5, and Lot 4A, Block 4 Handley Heights South Addition, a distance of 187.93 feet to the POINT OF BEGINNING, THENCE S 02 °25 '1 2" W departing the common line of Lot 5, and Lot 4A, Block 4 Handley Heights South Addition, a distance of 280.32 feet to a point in the common line of Lot 5, and Lots 1 B, 2B 1, 381, NY:i 6, 1 OB , 11 B, 12B, & 13B, Block 4 Handley Heights South Addition THENCE S 89°41 '11 " W along the common line of Lot 5, and Lots 18, 2B1 , 3B1, NY:i 6, 10B, 11 B, 12B , & 13B, Block 4 Handley Heights South Addition , a distance of 80.09 feet to a 5/8" iron rod set with plastic cap stamped "DEOTIE RPLS 4673", said point also being in the west line of a 30' Sanitary Sewer Easement as recorded in Instrument Number D182008661 (D.R.T.C.T.) THENCE N 02°25'12" E departing the common line of Lot 5, and Lots 1B, 281 , 3B1, NY:i 6, 10B, 11 B, 128, & 138, Block 4 Handley Heights South Addition and along the west line of said 30' Page 1 of 5 Sanitary Sewer Easement, a distance of 280.32 feet to a 5/8" iron rod set with plastic cap stamped "DEOTIE RPLS 4673 ", said point also being in the common line of Lot 5, and Lot 4A, Block 4 Handley Heights South Addition THENCE N 89°41 '11" E, a distance of 80.09 feet to the POINT OF BEGINNING containing 22,426 square feet or 0.515 acres more or less of which 8,410 square feet or 0.193 acres more or less lie within existing easements leaving 14,016 square feet or 0.322 acres more or less exclusive of said existing easements. 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. Date: 3/20/2020 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 5 URNE ox I-w ....J I-u w w <[ <[ <>'.QI ::, z [l_ <[ <[ <[ ....J u °" REE FORT WORTH ~ City of Fort Worth 200 TEXAS STREET FOR T WORTH, TX. 76 102 .fiQJIS;_ EXHIBIT B PAGE 3 OF 5 ELIZABETH (/) z \ ~ DD\JDEL -./ \ 5 \ . / /"-.7 EAS TLAND / FORT t~ / ',/ORTH BEARINGS ARE REFERENCED TO A 1/2 INCH IRON ROD FOUND FOR THE CONTROLLING MONUMENT AND POINT OF COMMENCING. AU DISTANCE AND AREAS SHOWN ARE SURFACE LEGAL DESCRIPTION OF SAME DATE ACCOMPANIES THIS PLAT. 5/8" CAPPED IRON RODS STAMPED "DEOTTE RPLS 467.J" WIU BE SET AT CORNERS OF THE EASEMENT EXHIBIT A SHOWING A PARCEL OF PROPERTY OU T OF LOT 5 , BLOCK 4 HANDLEY HEIGHTS SOUTH SI TUATED IN THE J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 DEED RECORDS OF TA RRANT COUN TY TEXAS PROJECT.· LAKE ARLINGTON LIFT STATION ANO FORCE MAIN CITY PROJECT No. 100995 TEMPORARY CONSTRUCTION EASEMENT PARCEL NO . 44 LANO ACQUISITION AREA : 22,426 SQ FT OR 0 .515 AC JOEi JOB No. 201704200 DRAWN BY: TC PAGE 3 OF 5 A ND Date: 3/20/2020 JAMES OeOTTE 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 COMMENCING DETAIL -EXHIBIT B SCALE 1"=300' 'LT 6 8LK 3 ---- HA Ltf HEIGHTS SOUTH I , LT f l 8 LK 3 LEY tf.t/GHTS SOUTH VOL 381'31 D, PG 199 ff . . T. C. T. ~ Ll388-D, PG 199 I P.R. T. C. T. P.O.C. N89"28'15"E _ ....... ,.--.-......-- - --S89"27'44"W Etl -Rf} 209. 65' ......:.L~::.a:....!.---r-....:::;;-6fi~ 310. 68 I ----_..;--.,--~~.......,r- ------------------1 r --, , , , 1 , , LT 18,287,381,N ~;,6, 108,118 8LK 4/ I HANDLEY HEIGH!t SOUTH INST 02160 220 D.R.T.C .. , , \ ( \\ I I I 11 11 11 kl ~~ -D;) C\j --. -C) y> -----1----I'L I I I S89"41 '11 "W 100.44' ___ \_L LT 88,98 8LK 4 HANDL Y HEIGHTS SOUTH VOL 9273, PG 1503 D.R. T.C. T. LT 8A ,9A BL 4 HANDLEY HEIGHTS SOUTH VOL 9273, PG / 7503 D.R. T. C. T. LT 4 BLK\ J HANDLEY HEIGHTS. 'souTH VOL 7867, PG \JvO D.R. T.C . T. I I LT 18,287,381,N Vz-6, 708,778 I 11 8LK 4 -----rii--r#-~~..,: 11 HANDLEY HEIGHTS SOUTH I INST 0276073220 LT 5 8LK 4 I 11 D.R. T. C. T. I S89"41'10'W 11 187.93' !HANDLEY HEIGHTS SOUTH' I VOL 1867, PG 310 I D.R. T. C. T. I I 11 II / 11 ___ ;/_ _ II I I I HANDLEY HEIGHTS SOUTH I 1; ~ LT S Vr6 8LK 4 / __ .,._/.,._, VOL 7867, PG 310 0 300 600 I / --'-,. I O.R T. C. T. ~------------'------II j/ 7 8LK 4 / I\ I ----HANDL'Ef HEIGHTS soJd-t \ ---_ _J I VO)_/ 7867, PG 31d / GRAPHIC SCALE IN FEET / / D.R. T.C . T. // FORT WORTH ~ City of Fort Worth 200 TEXAS SffiffT FORT WORTH, TX. 76 102 EXHIBIT A SHOWING A PARCEL OF PROPERTY OUT OF LOT 5, BLOCK 4 HANDLEY HEIGHTS SOUTH SITUATED IN THE J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 DEED RECORDS OF TARRANT COUNTY TEXAS PROJECT: LAKE ARLINGTON LIFT STAnON AND FORCE MAIN CITY PROJECT No . 100995 TEMPORARY CONSTRUCTION EASEMENT PARCEL NO . 44 LAND ACQUIStnON AREA : 22,426 SQ FT OR 0.515 AC JOEi JOB No . 201704200 DRAWN BY: TC PAGE 4 OF 5 Date: 3/20/2020 JAMES DeOTTE ENGINEERING, INC. · 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 · 817-446-6877 TBPE FIRM Reg. No . 891 7 · TBLS Firm Reg . No. 101014-00 LEGEND: PROPERTY BOUNDARY EX. EASEMENT PROP. EASEMENT CAPPED IRON ROD SET C/RS IRON ROD FOUND /RF DEED RECORDS TARRANT COUNTY TEXAS D.R. T.C. T. PLAT RECORDS TARRANT COUNTY TEXAS P.R.T.C.T. \ DEMUR/CA V WILLIAMS FAMILY TRUST N89 .41 ,12 n'£ PO BOX 13275 ARLINGTON, TX 76094 80 09' 0213188703 ' D.R.T.C.T. EXHIBIT B PAGE 5 OF 5 ® 0 60 ~ ...... GRAPHI C SCALE IN FEE T LT 4A BLK 4 HANDLEY HEIGHTS SOUTH P.0.8 . VOL 1867, PG 310 D.R.T.C.T. 187.93' S89.41 '10''W PERMANENT """"'°--t---v~~I SEWER EASEMENT LT 5 BLK 4 HANDLEY HEIGHTS SOUTH VOL 1867, PG 310 D.R.T.C.T. DEMETRICA V WILLIAMS FAMILY TRUST PO BOX 13275 ARLINGTON, TX 76094 0213178774 D.R.T.C.T. I I I I I I I I I I I I I I I I I I I I ---~~-TEMPORARY CONSTRUCnON EASEMENT CONTAINING 22,426 SQ. FT. / 0.515 AC. LT 5 BLK 4 HANDLEY HEIGHTS SOUTH VOL 1867, PG 310 D.R.T.C.T. DEMUR/CA V WILLIAMS FAMILY TRUST PO BOX 13275 ARLINGTON, TX 76094 0213178774 30' SEWER EASEMENT 0182008661 D.R.T.C.T. LT 18,281,381,N Yr6, 108,718 D.R.T.C.T. KIDWELL KEITH GIBBINS S4M PO BOX 4491 FORT WORTH, TX 76164 0216013220 D.R.T.C.T. s89·41 '11 "W 80.09' I BLK 4 HANDLEY HEIGHTS SOUTH INST 021601 3220 D.R.T.C.T. FORT WORTH ~ City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 EXHIBIT A SHOWIN G A PARCEL OF PROPERTY OUT OF LOT 5, BLOCK 4 HANDLEY HEIGHTS SOUTH SITUATED IN THE J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 DEED RECORDS OF TARRA NT COUNTY TEXAS PROJECT.· LAKE ARUNGTON LIFT STAnON AND FORCE MAIN CITY PROJECT No . 100995 TEMPORARY CONSTRUCTION EASEMENT PARCEL NO . 44 120 I LAND ACQU/StnON AREA : 22,426 SQ FT OR 0.515 AC Date: 3/20/2020 JOEi JOB No . 201704200 DRAWN BY: TC PAGE 5 OF 5 JAMES DeOTTE ENGINEERING, INC. · 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 · 817-446-6877 TBPE FIRM Reg . No. 891 7 · TBLS Firm Reg . No . 101014-00 Lake Arlington Lift Station and Force Main City Project No. 100995 Parcel No. 45 3825 S Cravens Rd, Fort Worth, Tx 76119 Lot South 4A, Block 4 Handley Heights South Addition STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH TEMPORARY CONSTRUCTION EASEMENT DATE: March 20, 2020 GRANTOR: DEMETRICA V WILLIAMS FAMILY TRUST GRANTOR'S MAILING ADDRESS (Including County); PO BOX 13275 ARLINGTON, TARRANT COUNTY, TX 76094 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". 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. TEMPORARY CONST RUCTION EASEMENT Rev. 1/9/18 FORT WORTH . -....,.--- It is further agreed the mobile home located within the Temporary Construction Easement will be relocated during the term of Grantee 's use and will be replaced upon completion of the construction . 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 . Granter 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] T EMPORARY CONSTRUCTION EASEMENT Rev. 1/9/18 FORT WORTH , --.,..-- GRANTOR: THE STATE OF TEXAS § § COUNTY OF TARRANT § GRANTEE : City of Fort Worth By (Signature): (Print Name) , Title APPROVED AS TO FORM AND LEGALITY (Signature) (Print Name}_ ______________ , Title ________ _ 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 . 1191 18 foRTWORTH . --.,.-- 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 ___________ ,20_. ___ day of Notary Public in and for the State of Texas TEMPORARY CONSTRUCTION EASEMENT Rev. 1/9/18 FORT WORTH , --..,..-- EXHIBIT A LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Be ing a portion of Lot 4A, Block 4 of Handley Heights South , an addition of the City of Fort Worth , Tarrant County , Texas, as it appears upon the plat as recorded in Volume 1867, Page 310 of the Plat Records, Tarrant County, Texas (P.R.T.C .T), and being more particularly described as follows : COMMENCING at a 1/2 " iron rod found for the southeast corner of Lot 6, Block 3 Handley Heights South Addition , the southwest corner of Lot 7, Block 3 Handley Heights South Addition as it appears upon the Plat recorded in Volume 388-D, Page 199 of the said Plat Records and in the north righ t of way line of Dowdell Road (a 60 foot right of way), from which a 1/2" iron rod found at the southeast corner of Lot 7, Block 3 Hand ley Heights South Addition and the southwest corner of Lot 8 , Block 3 Handley He ights South Addition and in the north right of way line of Dowdell Road (a 60 foot right of way) bears N 89 °28 '15" E, a distance of 310.68 '. THENCE S 0°18 '49 " E departing the common line of Block 3 Handley Heights South Addition and Dowdell Road , a distance of 55.34 feet to a point in the south right of way line of Dowdell Road and in the north line of Lots BB & 98, Block 4 Handley Heights South addition as described in the deed as recorded in Volume 9213 , Page 1503 (D .R.T.C.T.), THENCE S 89 °41 '11 " W along the common line of Lots BB & 98 and the south line of Dowdell Road , a distance of 100.44 feet to the northwest corner of Lots 88 & 98 and Lots BA & 9A, Block 4 Handley Heights South addition as described in the deed as recorded in Volume 9213 , Page 1503 (D.R.T.C.T.) and in the south right of way line of Dowdell Road , THENCE S 89°27'44" W along the common line of Lots BA & 9A, Block 4 Handley Heights South Addition and the south line of Dowdell Road , a distance of 209 .65 feet to a po int for the northwest corner of Lots BA & 9A and the northeast corner of Lots 1 B, 281, 381 , NYz 6, 1 OB, 11 B , 128, & 138, Block 4 Handley Heights South Addition THENCE S 00 °18 '49 " E along the common line of Lots BA & 9A, and Lots 18, 281 , 381 , NYz 6, 1 OB , 11 B, 128, & 138, Block 4 Handley Heights South Addition, a distance of 841.30 feet to a point for the northeast corner of Lot 4A, Block 4 Handley Heights South Addition and an interior corner of Lots 18, 2B1 , 381 , NYz 6,108, 11B, 12B, & 138, Block 4 Handley Heights South Add ition THENCE S 89 °35 '50 " W along the common line of Lot 4A, and Lots 18, 2B1, 381 , NYz 6, 108, 118 , 128, & 138, Block 4 Handley Heights South Addition , a distance of 247.56 feet to the POINT OF BEGINNING , THENCE S 14 °46 '24 " E departing the common line of Lot 4A, and Lots 1 B, 2B1 , 381, NYz 6, 1 OB , 11 B, 12B , & 138, Block 4 Handley Heights South Addition, a distance of 246.62 feet to a point , THENCE S 02 °25 '12" E, a distance of 40 .85 feet to a point set in the common line of Lot 4A, and Lot 5, Block 4 Handley He ights South Addition THENCE S 89 °41 '11 " W along the common line of Lot 5, and Lot4A, Block 4 Handley Heights South Add ition , a distance of 80 .09 feet to a 5/8 " iron rod set w ith plastic cap stamped "DEOTTE Page 1 of 5 RPLS 4673", set in the west line of a 30 ' Sanitary Sewer Easement as recorded in Instrument Number 0182518212 (D.R.T.C.T .) THENCE N 02°25 '12 " E departing the common line of Lot 5, and Lot 4A, Block 4 Handley Heights South Addition and along said 30' Sanitary Sewer Easement , a distance of 32 .58 feet to a 5/8 " iron rod set with plastic cap stamped "DEOTIE RPLS 4673 ", THENCE N 14°46'12" W along said 30' Sanitary Sewer Easement, a distance of 255.02 feet to a 5/8" iron rod set with plastic cap stamped "DEOTIE RPLS 4673", said point also being in the common line of Lot 4A, and Lots 1 B, 281 , 381, NY:! 6, 1 OB, 11 B, 128, & 138, Block 4 Handley Heights South Addition THENCE N 89°35 '50 " E, a distance of 82 .58 feet to the POINT OF BEGINNING containing 23 ,003 square feet or 0.528 acres more or less of which 7,373 square feet or 0.169 acres more or less lie within existing easements leaving 15,630 square feet or 0.359 acres more or less exclusive of said existing easements. 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 da te accompanies this legal description . Dote: 3/20/2020 James E. DeOtte Registered Professional Land Surveyor No .4673 James DeOtte Engineering , Inc . TBPLS Firm No . 10 101400 2201 Dottie Lynn Parkway, Suite 119 Fort Worth, Texas 76120 (817) 446 -6877 Page 2 of 5 EXHIBIT B PAGE 3 OF 5 FIT f-'ll r.~ f----r----r---ir""'-'T""'-VICI N ITV MAP t-='~r--1-----___./\ N.T.S. ALTER OTTEY COTTEY ELIZABETH °' w L'.) °' URNE OX 1- (/) (/) z w ~I-!"=-"=~--' °' u ---,___ -·-- E BERRY I-w ..J I-u w w <[ <[ °' <=> I ::J z a.. <[ <[ <[ ...J u °' REE FORT WORTH ~ City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 ---- FORT / / ',/ORTH BEARINGS ARE REFERENCED TO A 1/2 INCH IRON ROD FOUND FOR THE CONTROLLING MONUMENT AND POINT OF COMMENCING. ALL DISTANCE AND AREAS SHOWN ARE SURFACE LEGAL DESCRIPnON OF SAME DATE ACCOMPANIES THIS PLAT. 5/8" CAPPED IRON RODS STAMPED "DEOTTE RPLS 4673" WILL BE SET AT CORNERS OF THE EASEMENT LOT 4A, EXHIBIT A SHOWING A PARCEL OF PROPERTY OUT OF BLOCK 4 HANDLEY HEIGHTS SOUTH SITUATED IN THE J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 DEED RECORDS OF TARRANT COUNTY TEXAS PROJECT.· LAKE ARLINGTON LIFT STAnON AND FORCE MAIN CITY PROJECT No. 100995 TEMPORARY CONSTRUCTION EASEMENT PARCEL NO. 45 LAND ACOUISlnON AREA: 23,003 SO FT OR 0 .528 AC JOEi JOB No. 201704200 DRAWN BY: TC PAGE 3 OF 5 A ND Date: 3/20/2020 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 COMMENCING DETAIL -EXHIBIT B SCALE 1"=300 ' 'LT 6 BLK 3 ---- HA Ltr HEIGHTS SOUTH I I LT f f BLK 3 LEY tf.(IGHTS SOUTH VOL 3861 D, PG 199 ff. .r. c.r. V: Ll388-D, PG 199 I P. R.T. C.T. s-i::r ---S89 "27'44"W JCLL-Rfr 209.65' P.O.C. N89"28'15''£ .....:..r....=-.::.~...i.--_.......:;;-e..,~ 310. 68' 0 '1 ~ ,, z UJ > <( a:: u V') --r-___; __ "t-"....-J~~ ....... ------------------Ir -- I I I I , I I LT 18,281 ,381 ,N !12:,6. 108,118 BLK 4/ 1 HANDLEY HEIGH1} SOUTH INST 02160 220 D.R.T.C .. I I ~ ! \\ ------Tia--E-=;;...=;.-=-.;ri I I 11 11 I 11 S89"41 '11 "W 100.44' ___ \_L LT 88,98 BLK 4 HANDL Y HEIGHTS SOUTH VOL 9213, PG 1503 D.R. T. C. T. LT 8A,9A BL 4 HANDLEY HEIGHTS SOUTH VOL 9213, PG / 1503 LT 4 BLK 4 D.R. T. C. T. HANDLEY HEIGHTS SOUTH VOL 1867, PG 310 D.R. T. C. T. S89"35'50''W -,11 LT 5 BLK 4 I I 11 247.56' I I VOL 1867, PG 310 !HANDLEY HEIGHTS SOUTH I I J' I D.R.T.C.T. I I 11 LT 18,287 ,387,N 'h-6. 708,718 / / +-: : HANDLEY ~~1GiTs souTH I I INST 02 7 60 7 3220 I I 11 D.R. T.C.T. __ 11_ _ II I I I HANDLEY HEIGHTS SOUTH I 1; ~ LT S Yr6 BLK 4 I /, VOL 1867, PG 310 0 300 600 --,-I._ --'-! D.R.T. C. T. ~t---..--.--.---.--111 ........ ----'---------1, HANDLJ/ ~El~l/:rs 4 soJt \I ---_ _J I VO/_/ 1867, PG 37d / GRAP HIC SC AL E IN FEE T FORT WORTH ~ City of Fort Worth 2 00 TEXAS STREET FOR T WORTH, TX. 76 102 I I D.R. r. c.r. I I LOT 4A, EXHIBIT A SHOWING A PARCEL OF PROPERTY OUT OF BLOCK 4 HANDLEY HEIGHTS SOUTH SITUATED IN THE J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 DEED RECORDS OF TA RRA NT COUNTY TEXAS PROJECT: LAKE ARLINGTON LIFT STA noN AND FORCE MAIN CITY PROJECT No . 100995 TEMPORARY CONSTRUCTION EASEMENT PARCEL NO . 45 LAND ACQUIStnON AREA: 23,003 SQ FT OR 0 .528 AC JOEi JOB No . 201704200 DRAWN BY: TC PAGE 4 OF 5 Date: 3/20/2020 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 LEGEND: PROPERTY BOUNDARY EX. EASEMENT PROP. EASEMENT EXHIBIT B PAGE 5 OF 5 CAPPED IRON ROD SET C/RS ® 0 60 IRON ROD FOUND /RF DEED RECORDS TARRANT COUNTY TEXAS D.R. T.C. T. PLAT RECORDS TARRANT COUNTY TEXAS P.R.T.C.T. ~ ... - I I LT 78,287,387,N 72-6. 708,778 N89'35'50''£ BLK 4 HANDLEY HEIGHTS SOUTH 82. 58' INST D2 7 60 73220 · · D.R.T.C.T. DEMETRICA V WILLIAMS FAMILY TRUST PO BOX 73275 ARLINGTON, TX 76094 D273188703 D.R. T.C. T. LT 4A BLK 4 HANDLEY HEIGHTS SOUTH VOL 1867, PG 370 D.R.T.C.T. OVERLAPPING EXISTING---- SANITARY SEWER EASEMENT CONTAINING 7,373 SQ. FT. / GRAPHIC SCALE IN FEET DEMETRICA V WILLIAMS FAMILY TRUST PO BOX 73275 ARLINGTON, TX 76094 D213188703 D.R. T.C.T. LT 4A BLK 4 HANDLEY HEIGHTS SOUTH VOL 1867. PG 3 10 D.R. T.C. T. ---~~-TEMPORARY 0.169 AC. PERMANENT........:::----t---"""/'\."" CONSTRUCTION EASEMENT CONTAINING 23,003 SQ. FT. / 0.528 AC. SEWER EASEMENT DEMETRICA V WILLIAMS FAMILY TRUST PO BOX 73275 ARLINGTON, TX 76094 0213178774 D.R.T.C.T. LT 5 SLK 4 HANDLEY HEIC.HTS SOUrH VOL 1867,1 PG 310 I D.R. ~c. r. I S2'25'12''W 40.85' S89'41 '11 ''W 80.09' EXHIBIT A SHOWING A PARCEL OF PROPERTY OUT OF FORT WORTH ~ LOT 4A, BLOCK 4 HANDLEY HEIGHTS SOUTH City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 SITUATED IN TH£ J A CREARY SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 1867, PAGE 310 DEED RECORDS OF TARRANT COUNTY TEXAS PROJECT: LAKE ARLINGTON LIFT STATION AND FORCE MAIN CITY PROJECT No . 100995 TEMPORARY CONSTRUCTION EASEMENT PARCEL NO. 45 120 I LAND ACQUISITION AREA: 23,003 SQ FT OR 0.528 AC Date: 3/20/2020 JOEi JOB No. 201704200 DRAWN BY: TC PAGE 5 OF 5 JAMES DeOTTE ENGINEERING, INC. · 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 · 817-446-6877 T8PE FIRM Reg . No. 8917 , T8LS Firm Reg. No. 101014-00 M & C MAP 3801 & 3825 S. Cravens Road between East Loop 820 S & Lake Arlington FORT WORTH s Copyrig ht 20 19 City of Fort Worth. Un authorized reproduction is a vio lat ion of app licable laws . Th is product is for informationa l purposes and may not have been prepared for or be suitab le for lega l, engineering, or surveying purposes. It does not represent an on-I the -ground survey and represents only the ap proximate relative location of property boundaries . The City of Fort Worth assumes no responsibility for the accuracy of said Tempo rary Construction Easement Pe rmanent Sewer Easemen t City of Fort Worth, Texas Mayor and Council Communication DATE: 03/23/21 M&C FILE NUMBER: M&C 21-0212 LOG NAME: 21CONDEMNATION-3801 & 3825 S CRAVENS-WILLIAMS SUBJECT (CD 5) Adopt Attached Resolution Authorizing Condemnation by Eminent Domain to Acquire Permanent Sewer Facility Easements in Approximately 0 .261 Acres and Temporary Construction Easements in Approximately 1.043 Acres from Improved Property Owned by Demetrica V. Williams Family Trust, Located at 3801 and 3825 South Cravens Road, Situated in Lot 5 and Lot 4A, Block 4 of the Handley Heights South Addition , 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 .261 acres in permanent sewer easements and 1.043 acres for temporary construction easements from improved property owned by Demetrica V. Williams Family Trust at 3801 and 3825 South Cravens Road situated in Lot 5 and Lot 4A, Block 4 of the Handley Heights South Addition of Tarrant County, City of Fort Worth, Texas located east of the intersection of East Loop 820 South and Berry Street, City of Fort Worth, Tarrant County, Texas were unsuccessful due to the inability to reach a mutually agreed upon value for the property interest being acquired by the City ; 2. Declare the necessity to acquire the described property interest for the 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 Fund (W&S Capital Proj 2018) 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 $28,055.00. 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 Legal Description 4 of Handley Heights South Being a portion of Lot 4A, Block 4 of Handley Heights South Additio 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 .261 acres in permanent sewer easements and 1.043 acres for temporary construction easements from improved property owned by Demetrica V. Williams Family Trust. 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 Berry Street, at 3801 and 3825 South Cravens Road, in Lot 5 and Lot 4A, Block 4 Handley Heights Addition , in the City of Fort Worth , Tarrant County, Texas. The property interest to be acquired is described by metes and bounds and depicted by suNey exhibits attached to this Mayor and Council Communication." This property is located in 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 funds are ava ilable in the curren t capital budget , as prev iously appropriated , in the W&S Capital Proj 2018 Fund for the Lake Arlington , FM , LS and SS project to support the approval of the above recommendations and the purchase of the easements . Prior to any expend iture be ing in cu rred , the Water and Property Management Departments have the responsibility to validate the availabil ity 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