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HomeMy WebLinkAboutResolution 5538-03-2022 A Resolution NO. 5538-03-2022 AUTHORIZING THE CITY ATTORNEY TO FILE A PETITION FOR TEMPORARY INJUNCTION AGAINST VASS'E ENTERPRISES INC. OF 4201 SOUTH CRAVENS ROAD WHEREAS the City of Fort Worth ("City") is in the design stage of the Hazardous Roadway Overtopping Mitigation South Cravens Road Culvert Improvements Project (the "Project"). The Project will replace and raise portions of South Cravens Road and improve drainage through the waterway under the bridge by replacing the existing culverts with larger ones designed for a 100-year flood event; and WHEREAS to complete the Project, the City must access property owned by Vass'e Enterprises Inc. in order to conduct surveying and other due diligence, said property being located at 4201 South Cravens Road and being described as Tarrant Appraisal District Parcel No. 03844730 in the James W. Daniel Survey,Abstract 395, Tracts 3, 3D, 3E, 3F 3F1 & 3G; and WHEREAS the City has repeatedly sought to coordinate its survey and due diligence activities with Vass'e Enterprises Inc. by entering into a voluntary access agreement that would allow the City to conduct the due diligence activities it is entitled to conduct under the law; and WHEREAS efforts to obtain permission to enter the property in order to perform surveying and other due diligence have been unsuccessful, preventing the City from completing the surveying and due diligence that need to be conducted in order for the Project to move forward; and WHEREAS the City's failure to legally conduct a survey and other due diligence on the Property places the ultimate design and construction of the Project in jeopardy; and WHEREAS because the City is vested with the power of eminent domain, the City is legally entitled to enter the Property and conduct the due diligence necessary to successfully complete the Project; and WHEREAS, pursuant to Section 65.011(1) of the Texas Civil Practice and Remedies Code, injunctive relief is appropriate when the applicant is entitled to the relief sought and such relief requires the restraining of some act prejudicial to the applicant. As a matter of law, the City is entitled to enter upon the Property to conduct its due diligence and the owners should be restrained from interfering with the City's exercise of this legal right. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS,THAT: The City Council authorizes the City Attorney to file a Petition for Temporary Injunction against Vass'e Enterprises Inc., the owner of 4201 South Cravens Road, in order to preserve the status quo and to protect the City's statutory right to access the property to conduct the due diligence and survey activities necessary to proceed with the Project. �F Adopted this 8t' day of March 2022. oRT Q; " ATTEST: U _ 'Jan �Gaaaau By: nette S.Goodall(Mar 10,202216:14 CST) Jannette S. Goodall, City Secretary MAYOR & COUNCIL COMMUNICATION MAP TRANSPORTATION PUBLIC WORKS SOUTH CRAVENS HAZARDOUS ROAD OVERTOPPING MITIGATION 4120-4201 SOUTH CRAVENS ROAD 4201 S Cravens Rd - SOUTH CRAVENS HROM STORMWATER CHANNELS CITY STREETS PROPERTY BOUNDARIES 0 75 150 300 450 CITY LIMITS Feet HROM CRAVENS ROAD IMPROVEMENTS CITY PROJECT NO. 103398 PARCEL NO. 1 PE 4201 CRAVENS ROAD JAMES M. DANIEL SURVEY, ABSTRACT No. 395 EXHIBIT"A" Being a permanent drainage easement situated in the James M. Daniel Survey, Abstract No. 395, City of Fort Worth, Tarrant County, Texas, said permanent drainage easement being a portion of a 1.699 acre tract of land (by deed) described as Tract I in deed to Vass'e Enterprises, Inc. as recorded in County Clerk's File No. D207095424 of the Official Public Records of Tarrant County,Texas, said permanent drainage easement also being a portion of a 1.701 acre tract of land (by deed) described as Tract H in deed to Vass'e Enterprises, Inc. as recorded in County Clerk's File No. D207095424, of said Official Public Records of Tarrant County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap (illegible)found for the southwest corner of said 1.699 acre tract of land, said 1/2 inch iron rod with cap (illegible) being the northwest corner of Lot 1, Block 1 of Summer Lake Estates Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-176, Page 28 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rod with cap (illegible) also being in the east right-of-way line of South Cravens Road (a variable width right-of-way), from which a 1/2 inch iron rod with cap (illegible) found for the southwest corner of said Lot 1 bears South 00 degrees 29 minutes 27 seconds East, a distance of 966.31 feet, said 1/2 inch iron rod with cap (illegible) being an interior ell corner in the east right-of-way line of said South Cravens Road; THENCE North 00 degrees 22 minutes 15 seconds West,with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 165.07 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE North 00 degrees 22 minutes 15 seconds West, with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 149.79 feet to a point for corner; THENCE North 89 degrees 45 minutes 48 seconds East, passing at a distance of 134.96 feet, a point in the east line of said 1.699 acre tract of land, said point being in the west line of said 1.701 acre tract of land, in all, a distance of 139.89 feet to a point for corner; THENCE South 00 degrees 22 minutes 19 seconds East, a distance of 149.27 feet to a point for corner; THENCE South 89 degrees 33 minutes 02 seconds West,passing at a distance of 4.94 feet,a point in the west line of said 1.701 acre tract of land, said point being in the east line of said 1.699 acre tract of land, in all, a distance of 139.89 feet to POINT OF BEGINNING and containing 20,917 square feet or 0.480 acres of land, more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, North Central Zone (4202) NAD 83 (2011), Epoch 2010.00, all distances and areas shown are surface. Date: September 09, 2021 fA Curtis Smith j OF; Registered Professional Land Surveyor rA - £ Fo'' No. 5494 Texas Firm No, 10106900 G CURTIS SMITH A' : 9 9 S U R` � ~�tr Exhibit A Page 2 of 2 EXHIBIT "B 91 PARCEL No. f PE MATCHLINE TRACT I TRACT II LOT 2 3 \� 1.699 ACRES (BY DEED) 1.701 ACRES (BY DEED) I o� VASS'E ENTERPRISES, INC. I VASS'E ENTERPRISES, INC. N C.C.F. No. D207095424 I C.C.F. No. D207095424 O.P.R.T.C.T. O.P_R.T.C.T_ --- ------- - 0 LOT 1 I Q \ — —^ "— O Q 25' INGRESS/EGRESS EASEMENT :i� TO FRANK McANULTY P.0.�;. VOLUME 6275, PAGE 540 FTo ND 1/2"IR D.R.T.C.T. I W/CAP (ILLEGIBLE) JAMES M. DANIEL SURVEY OAKDALE W � �I ABSTRACT No. 395 DRIVEQ _ I ACQUISITION ~ w LOCATION (50' RIGHT—OF—WAY) � 3 LOT 1 jN U N RLocK LAKE m UMME ADDITIO�E 28 SUBJECT TRACT & W TATES 176 PA LOCATION OF ACQUISITION LOT 17 D Q N VOLUME 388,.T C.T. w O " 0. FND 1/2"IR co N Ci� W/CAP (ILLEGIBLE) — - -V W — —CO CO LOT 18 LOT 1 01,ocl< DITIO43 o I OWTV D21p15g3 ST No. T.C.T. C.C.F- F.R• NOTES: 60 30 0 60 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2O10.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET oar WORT City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 HROM CRAVENS ROAD IMPROVEMENTS �� OF T PARCEL NO. 1 PE CITY PROJ. NO. 103398 PERMANENT DRAINAGE EASEMENT ~� CURTISr SMITH OWNER: VASS'E ENTERPRISES, INC. 5494 SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 PpA p�?' LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 20,917 SQUARE FEET OR 0.480 ACRES SU WHOLE PROPERTY ACREAGE: 1.699 ACRES (BY DEED) CURTIS SMITH JOB No. DE0T2101.00 DRAWN BY: JPH CAD FILE: 1 PE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: SEPTEMBER 9, 2021 EXHIBIT B PAGE 1 OF 2 SCALE: 1• = 60' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA do ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1768 ACQUISITION EXHIBIT "B f! LOCATION PARCEL No. 1 PE SUBJECT TRACT & JAMES M. DANIEL SURVEY I LOCATION OF ACQUISITION ABSTRACT No. 395 APPROXIMATE LOCATION OF / SANITARY SEWER EASEMENT TO CITY OF FORT WORTH — UNKNOWN WIDTH _ Q VOLUME 3227,D R.T.C.TAGE 553�--� —�/I— APPROXMSERC�W pTHT //_ — sPN1lPR OF FORT 0 N 89'45'48-E 139.89' TrA TO 'jN1cNOW�i p°G� 555 ?i:: :i. PASSING VOLUME D R T.0 T. LOT3 ^::.y�....................................... ....:.: 4}—AT 134.96' Cn 0 I ;;± :::::; CO y rn .................................. ............: PERMANENT DRAINAGE _ •� ......:a::: ::::::;::::::::: Q o i:::::: `° EASEMENT AREA W I: ::::::::::::::::::::::::. �n y Q 4 I 3 �[: :-: .. :... . ; I 20,917 SQ. FT. OR w : i:: : ::::::: ::..... 0.480 ACRES .a I V �[ :;:;:;r::::::. :. P aG w , m r- ::: ::::,: :::: ::::::: ::::.I O r) N::-:::: ':'l:r.�:...... . ... �.. ,:.:i:::::r-::::'}�?:C:•r:i`::is J a C�co �• j O is r::: 1:::iiiii:: {ii:i{:{ i:fii........ r:i:i'i:i:f:r::i::':ii .':i'i:k I N ri:.'rir:i°:?:ii::r.l APPROXIMATE Z ir:i•i:( ':r:: r:�:i�r:<ri:fi:C::;i.:i;:ib:r:i:i:•r:-C:r:i:r::•r::::': LOCATION OF j O ::: ..... ir:.... i:r:'r:::rr:r:iir::�r:1 CITY OF ARLINGTON _.......... .......... .............................. ......... FLOOD EASEMENT N a........._..:.....:...:_ .... ..... . ._..._.........._....... ::ii: ::i::: ii:isis:?::::: ::::......i.`ii::::i:iii::::.1 VOLUME 3117, PAGE 353 :.....EX'.r:iririr:iri::i:rirr: 4a: .::..........:............ D.R.T.C.T. S 89'33'02"W 139.89' TRACT II P•O•B• VASSE ENTERPRBSESEENC. C.C.F. No. D207095424 . I i TRACT I I PASSING O.P.R.T.C.T. N 1.699 ACRES (BY DEED) I AT 4,94' g°I VASS'E ENTERPRISES, INC. Z C.C.F. No. D207095424 LOT 2 �� O.P.R.T.C.T. MATCHLINE NOTES: 60 30 0 60 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2O10.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET orr WORTH City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 HROM CRAVENS ROAD IMPROVEMENTS ..°F.,,TF P �• �srf•• -f- PARCEL NO. 1 PE CITY PROJ. NO. 103398 •w4....ww ....w.wwMw PERMANENT DRAINAGE EASEMENT ... CURTIS SMIT OWNER: VASSE ENTERPRISES, INC. """"""""•'•""'""'""" •" SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT N0. 395fSS4 ''O LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 20,917 SQUARE FEET OR 0.480 ACRES S WHOLE PROPERTY ACREAGE: 1.699 ACRES (BY DEED) CURTIS SMITH JOB No. DE0T2101.00 10RAWN BY: JPH CAD FILE: 1 PE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: SEPTEMBER 9, 2021 EXHIBIT B PAGE 2 OF 2 SCALE: 1' = 60' No. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1768 HROM CRAVENS ROAD IMPROVEMENTS CITY PROJECT NO. 103398 PARCEL NO. 1 TE PART 1 4201 CRAVENS ROAD JAMES M. DANIEL SURVEY, ABSTRACT No. 395 EXHIBIT "A" Being a temporary construction easement situated in the James M. Daniel Survey, Abstract No. 395, City of Fort Worth, Tarrant County, Texas, said temporary construction easement being a portion of a 1.699 acre tract of land (by deed) described as Tract I in deed to Vass'e Enterprises, Inc. as recorded in County Clerk's File No. D207095424 of the Official Public Records of Tarrant County, Texas, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap (illegible)found for the southwest corner of said 1.699 acre tract of land, said 1/2 inch iron rod with cap (illegible) being the northwest corner of Lot 1, Block 1 of Summer Lake Estates Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-176, Page 28 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rod with cap (illegible) also being in the east right-of-way line of South Cravens Road (a variable width right-of-way), from which a 1/2 inch iron rod with cap (illegible) found for the southwest corner of said Lot 1 bears South 00 degrees 29 minutes 27 seconds East, a distance of 966.31 feet, said 1/2 inch iron rod with cap (illegible) being an interior ell corner in the east right-of-way line of said South Cravens Road;THENCE North 00 degrees 22 minutes 15 seconds West, with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 7.59 feet to the POINT OF BEGINNING of the herein described temporary construction easement; THENCE North 00 degrees 22 minutes 15 seconds West, with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 21.30 feet to a point for corner; THENCE North 89 degrees 22 minutes 08 seconds East, a distance of 47.14 feet to a point for corner; THENCE South 00 degrees 40 minutes 32 seconds East, a distance of 21.42 feet to a point for corner; THENCE South 89 degrees 30 minutes 58 seconds West, a distance of 47.25 feet to POINT OF BEGINNING and containing 1,008 square feet or 0.023 acres of land, more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, North Central Zone (4202) NAD 83 (2011), Epoch 2010.00, all distances and areas shown are surface. Date: September 09, 2021 Curtis Smith �� OF TF.ti Registered Professional Land SurveyorPQ G�� RFa �� No. 5494 Texas Firm No. 10106900 CURTIS SMITH 5494 Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No. f TE PART f APPROXIMATE LINE TABLE I(\ LOCATION OF JAMES M. DANIEL SURVEY ING DISTANCE \ CITY OF ARLINGTON L-1 N 00'2215 7.59 \� FLpOD EASEMENT ABSTRACT No. 395 L-2 N 00'2215 g47. 30 \ VOLUME 3117, PAGE 353 I L-3 N 89'22 08 E4 D.R.T.C.T. 1-4 S 00'40 32 E42 I \ L-5 7-8-9-3 0 58 25 \ TRACT I I TRACT II \ 1.699 ACRES (BY DEED) 1.701 ACRES (BY DEED) LOT 2 VASS'E ENTERPRISES, INC. VASS'E No. INC.D20 0954 \ C.C.F. No. D207095424 O.P.R.T.C.T. a L-2 L\3 O.P.R.T.C.T. __ ---- ------------------ vWy� I P.0.B. LOT 1 "'ti I — -- — — — y 25' INGRESS/EGRESS EASEMENT R TEMPORARY TO FRANK McANULTY VOLUME 6276, PAGE 640 R CONSTRUCTION VOLUME D.R.T.C.T. 1,008 SQ. FT. OR OAKDALE 0 3 �I 0.023 ACRES DRIVE rn o P.o.c. vJ 1 wI FND 1/2"IR LOT 1 (50' RIGHT-OF-WAY) z mN w/cAP (ILLEGIBLE) W 2 ofa Ac0UlsmoN y � HI'�R LAKE ON LoaTION ca Q �, SUMMS pDDITPAGE 28 LOT 17 w 0.h V m OLVMEA388 R.T CT' LOCATION OF A76* SUBJECT FCQUISITION �CQ I = Q ti C Uj CO Q;J > W/CAP (ILL E FND c BLE) — W — N w R a BLOCK 1 DITION LOT 18 q O LOT 1 STO No.D CD 59g43 C.C.F p.R•T' 1.NOTES. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60 30 0 60 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011). EPOCH 2O10.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE, SCALE IN FEET City of Fort worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 HR OM CRAVENS ROAD IMPR 0 VEMENT S ..°F:.. rF PARCEL NO. 1 TE PART 1 ICITY PROJ. NO. 103398 TEMPORARY CONSTRUCTION EASEMENT " CURTIS SMIT OWNER: VASS'E ENTERPRISES, INC. SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 •. p�F54940 .0� LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 1,008 SQUARE FEET OR 0.023 ACRES SU WHOLE PROPERTY ACREAGE: 1.699 ACRES (BY DEED) CURTIS SMITH JOB No. DEOT2101.00 DRAWN BY: JPH CAD FILE: 1 TE PT 1.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE. SEPTEMBER 9, 2021 EXHIBIT B PAGE 1 OF 1 SCALE: I" 60' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA do ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1768 HROM CRAVENS ROAD IMPROVEMENTS CITY PROJECT NO. 103398 PARCEL NO. 1 TE PART 2 4201 CRAVENS ROAD JAMES M. DANIEL SURVEY, ABSTRACT No. 395 EXHIBIT"A" Being a temporary construction easement situated in the James M. Daniel Survey, Abstract No. 395, City of Fort Worth, Tarrant County, Texas, said temporary construction easement being a portion of a 1.699 acre tract of land (by deed) described as Tract I in deed to Vass'e Enterprises, Inc. as recorded in County Clerk's File No.D207095424,of the Official Public Records of Tarrant County, Texas, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING at a t/2 inch iron rod with cap (illegible)found for the southwest corner of said 1.699 acre tract of land, said 1/2 inch iron rod with cap (illegible) being the northwest corner of Lot 1, Block 1 of Summer Lake Estates Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-176, Page 28 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rod with cap (illegible) also being in the east right-of-way line of South Cravens Road (a variable width right-of-way), from which a 1/2 inch iron rod with cap (illegible) found for the southwest corner of said Lot 1 bears South 00 degrees 29 minutes 27 seconds East, a distance of 966.31 feet, said 1/2 inch iron rod with cap (illegible) being an interior ell corner in the east right-of-way line of said South Cravens Road; THENCE North 00 degrees 22 minutes 15 seconds West,with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 518.18 feet to the POINT OF BEGINNING of the herein described temporary construction easement; THENCE North 00 degrees 22 minutes 15 seconds West, with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 30.29 feet to a point for the northwest corner of said 1.699 acre tract of land, said point being an interior ell corner in the east right-of-way line of said South Cravens Road; THENCE North 87 degrees 52 minutes 40 seconds East, with the north line of said 1.699 acre tract of land, passing at a distance of 8.79 feet, a point for the southwest corner of Lot 1, Block D of Melody Oaks Addition Second Filing, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-11, Page 112 of said Plat Records of Tarrant County, Texas, said point being an exterior ell corner in the east right-of-way line of said South Cravens Road, in all, a distance of 30.68 feet to a point for corner in the south line of said Lot 1, Block D; THENCE South 00 degrees 40 minutes 32 seconds East, a distance of 31.09 feet to a point for corner; THENCE South 89 degrees 22 minutes 08 seconds West, a distance of 30.83 feet to POINT OF BEGINNING and containing 944 square feet or 0.022 acres of land, more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, North Central Zone (4202) NAD 83 (2011), Epoch 2010.00, all distances and areas shown are surface. Date: September 09, 2021 Curtis Smith nE Registered Professional Land Surveyor TF No. 5494 `�If Texas Firm No. 10106900 CURTIS SMITH 9 0�5494 aP�dOt� SUO Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No. f TE PART 2 MATCHLINE "A" TRACT I TRACT 11 I LOT 2 �L 1.699 ACRES (BY DEED) 1.701 ACRES (BY DEED) L VASS'E ENTERPRISES, INC. VASS'E ENTERPRISES, INC. I _ [W. N au \1 C.C.F. No. D207095424 I C.C.F.O.P.R.T.C.T.95424 h�'Cti� o �� O.P.R.T.C.T. r N Ci z --------- -- -------------- Q En cc C4 LOT 1 �NW4 Q — — — 3 P. O•C. 25' INGRESS/EGRESS TOFRAN �U TMEMENT rr^^ rFND 1/2'"•IR VOLUME 8276, PAGE 640 VJ W/CAP (ILLEGIBLE) D.R.T.C.T. OAKDALE w ) JAMES M. DANIEL SURVEY DRIVE > _ 0 ABSTRACT No. 395 Q W) (50' RIGHT-OF-WAY) CC 3 N LOT 1 — — Li B OCK E U m S UMBER nnlTl014 C 28 a Of V ESTATES �76, FAO LOT 17 W En < VOLUME 3p.R•T•C.T �Q O rr/^1 FND 1/2"IR W/CAP (ILLEGIBLE) — — — — — V [ti — Q In CO Q I ACQUISITION pq O Q, LOCATION OCK DN N W BL 40 59343 LOT 18 ST��rTN E O2C�59 LOT 1 � �•C'F• p•R•T• SUBJECT TRACT & LOCATION OF ACQUISITION NOTES: 1 A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60 30 0 60 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2010.DO. ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET FoRTWORTH City of Fort Worth 200 TEXAS STREET • FORT WORTH. TEXAS 76102 HR OM CRAVENS ROAD IMPR 0 VEMENTS 0F...TF �P.���srFR�,•-fv P DRAWN BY: JP ARCEL NO. 1 TE PART 2 CITY PROJ. NO. 103398 TEMPORARY CONSTRUCTION EASEMENT C RTIS _S_MIT OWNER: VASS'E ENTERPRISES, INC. < , p�5494 W SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 944 SQUARE FEET OR 0.022 ACRES WHOLE PROPERTY ACREAGE: 1.699 ACRES (BY DEED) CIURTIS SMITH No. DE0T2101.00 H CAD FlLE: 1 TE P7 2.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: SEPTEMBER 9, 2021 EXHIBIT B PAGE 1 OF 3 1 SCALE: 1" - 60' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA do ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1768 EXHIBIT "B " PARCEL No. 1 TE PART 2 MATCHLINE "B" APPROXIMATE LOCATION OF I SANITARY SEWER EASEMENT ' TO CITY OF FORT WORTH UNKNOWN WIDTH -I VOLUME 3227, PAGE 553 D.R.T.C.T. LOCATION ENT � / Q S�pNRARM��Fop'l tTH O Q _ �' TO UNKNOWN p1AGE 555 LOT 3 3 __ VOLUME pRT,CT I � I Z CO I W JAMES M. DANIEL SURVEY > _ I ABSTRACT No. 395 w� I Q c a, LJL (� � 3 i TRACT I TRACT II v W I E4 m NI 1.699 ACRES (BY DEED) 1.701 ACRES (BY DEED) o co co c4 w o) I VASS'E ENTERPRISES, INC. VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 a F > O C.C.F. No. D207095424 O.P.R.T.C.T. Z) a z i O.P.R.T.C.T. O I APPROXIMATE N I I LOCATION OF CITY OF ARLINGTON FLOOD EASEMENT I I VOLUME 3117, PAGE 353 ACQUISITION D.R.T.C.T. I1 LOCATION I I I I I I LOT 2 I \ SUBJECT TRACT & LOCATION OF ACQUISITION MATCHLINE "A" NOTES: 60 30 0 60 i. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2O10.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE, SCALE IN FEET FoRTWOUH City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 HROM CRAVENS ROAD IMPROVEMENTS �,E..°F....TF �P.�0�S TfRF•-fy PARCEL NO. 1 TE PART 2 CITY PROJ. NO. 103398 TEMPORARY CONSTRUCTION EASEMENT RTIS SMITH OWNER: VASS'E ENTERPRISES, INC. " " 5494 :, SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 °p0 5494 v LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS �� SU••• -� ACQUISITION AREA: 944 SQUARE FEET OR 0.022 ACRES WHOLE PROPERTY ACREAGE: 1.699 ACRES (BY DEED) CURTIS SMITH JOB No. DEOT2101.00 DRAWN BY: JPH TEAD FILE: 1 TE PT 2.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: SEPTEMBER 9, 2021 1 EXHIBIT B PAGE 2 OF 3 1 SCALE: 1" = 60' INO. 5494 TEXAS FIRM No. 10106900 GORRONDONA do ASSOCIATES, INC. • 2800 N.E. LOOP 820. SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1768 EXHIBIT "B " PARCEL No. I TE PART 2 L-1 N 00'2215 30.29 ACQUISITION L-2 N 8752 40 E 30.68 LOCATION L7-3 S 00'40 32 E 31.09 Y�pR STREET L-4 S 89'22 O8 30.83 B w H (60, RIGHT—OF—WAY) 1� SUBJECT TRACT & r '— LOCATION OF ACQUISITION r J - r �yOCI( ADDITION LOT 2 I LOT 3 FyO S$DY OP LOTAGE 112 LOT 1 1� C0 11, P I a� VOLUME P R.T•C'T' A a, PASSING I E4( 0 AT 8.79' ---- ------- I ----------__--- -- — V Q;OI I O 4 —2' :.: 5' UTILITY EASEMENT '.:,_:._:.,« ri TEMPORARY VOLUME 388-11. PAGE 112 0. 3 J :?}: .?:}:'?ri:1 J CONSTRUCTIONLL- P.R.LC.T. q fn 0j ::::L_4:::. EASEMENT4 AREA aW � 0.022 ACRES I — — > = P.0.B. O Q 12 TRACT I TRACT II ?i 1.701 ACRES (BY DEED) 1.699 ACRES (BY DEED) VASS'E ENTERPRISES, INC. VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 0] O.P.R.T.C.T. in C.C.F. No. D207095424 LOT 3 � --ti F— > o) O.P.R.T.C.T. I Ovnec� o w� 0. I 0 - ZI JAMES M. QANIEL SURVEY U I ABSTRACT No. 395 I MATCHLINE "B" NOTES:1. ALEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60 30 0 60 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2O10.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 HR 0M CRAVENS ROAD IMPR 0 VEMENT S of T G\.s'r'eR 'fv PARCEL NO. 1 TE PART 2 ICITY PROJ. NO. 103398 - ------------__ TEMPORARY CONSTRUCTION EASEMENT CU_RTISSMIT [ACQUISITION WNER: VASS'E ENTERPRISES, INC. < ° �5494 URVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 'ppF OCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AREA: 944 SQUARE FEET OR 0.022 ACRES S HOLE PROPERTY ACREAGE: 1.699 ACRES (BY DEED) CURTIS SMITH B No. DEOT2101.00 DRAWN BY: JPH CAD FILE: 1 TE PT 2.OWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: SEPTEMBER 9, 2021 EXHIBIT B PAGE 3 OF 3 SCALE: 1' s 60' NO. 5494 TEXAS FIRM No. i0MOO GORRONDONA do ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1768 060161900086 FAMUT"A" I: E TRACT OF LAND SITUATED 1N THE JAMES M. DANIEL SURVEY, ABSTRACT NO. 395,TARRANT COUNTY,TEXAS,AS ED TO WILLIAME.BAILEY BY DEED RECORDED IN VOLUME 11112,PAGE 557,DEED RECORDS,TARRANT COUNTY,TEXAS, AS TRACT 3D); B SET 518 INCH CAPPED IRON ROD MARKED 5122 FOR CORNER,SAME BEING THE NORTHWEST CORNER OF AN 11.43 A LAND CONVEYED TO FRANK A MCANULTY ET AL BY DEED RECORDED IN VOLUME 2636,PAGE 472, DEED RECO , ,TA T COUNTY,TEXAS,AND ALSO BEING IN THE EAST LINE OF SOUTH CRAVENS ROAD, THEN D REES 18 MINUTES 59 SECONDS EAST,ALONG THE NORTH LINE OF SAID 11.45 ACRE TRACT,A DISTANCE OF 135.00 F "IN A CONCRETE RUNNER UNDER A FENCE FOR CORNER; THE SO G S 00 MINUTES 30 SECONDS WEST,A DISTANCE OF 548.87 FEET(551.50 FEET BY DEED)TO A SET 5/8 INCH CAPPED IRON OD RK 5122 FOR CORNER,SAME BEING 1N THE SOUTH LINE OF SAID 11.45 ACRE TRACT; THENCE SOUTH 88 INUTES 47 SECONDS WEST,ALONG THE SOUTH LINE OF SAID 11.45 ACRE TRACT,A DISTANCE OF 135.00 FEET TO A APPED IRON ROD MARKED 5122 FOR CORNER,SAME BEING IN THE EAST LINE OF SAID SOUTH CRAVENS ROAD; THENCE NORTH 00 D 0 UTES 30 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTH CRAVENS ROAD,A DISTANCE OF 548.36 FE 5 Y DEED)TO THE POINT OF BEGINNING AND CONTAINING 1.699 ACRES OF LAND,MORE OR I LESS. is TRACT II: BEING A TRACT OF LAND SJTUA THE JAMES M. DANIEL SURVEY,ABSTRACT NO. 395,TARRANT COUNTY,TEXAS A$ CONVEYED TO WILLIAM 13 BAIL D 'ORDED IN VOLUME 11112,PAGE 557,DEED RECORDS,TARRANT COUNTY,TEXAS, (ALSO KNOWN AS TRACT 3E); BEGINNING AT A SET"X"IN A CONCRET E DER A FENCE FOR CORNER,SAME BEING NORTH 88 DEGREES 18 MINUTES 59 SECONDS EAST, 135.00 FEET FROM T O ST CORNER OF AN 11.45 ACRE TRACT OF LAND CONVEYED TO FRANK A MCANULTY ETAL BY DEED RECORDED T 'Q 2636,PAGE 472,DEED RECORDS,TARRANT COUNTY,TEXAS,AND ALSO BEING_ THE NORTHEAST CORNER OF A PORTION Oli D 11.45 ACRE TRACT CONVEYED TO WILLIAM F.MCANULTY(TRACT 3D); THENCE NORTH 88 DEGREES 18 MINUTES 59 S NDS EAST, LONG THE NORTH LINE OF SAID 11.45 ACRE TRACT,A DISTANCE OF 135.00 FEET TO A SET"X"IN A CONCRETE RUNR UND , NCE FOR CORNER; THENCE SOUTH 00 DEGREES 00 MINUTES 25 SECON ST,A TANCE AT 549.37 FEET(551.50 FEET BY DEED)TO A SET 5/8 INCH CAPPED IRON ROD MARKED 5122 FOR CORNER,SA EIVG E SOUTH LINE OF SAID 11.45 ACRE TRACT; THENCE SOUTH 88 DEGREES 31 MINUTES 47 SECONDS E SOUTH LINE OF SAID 11.45 ACRE TRACT,A DISTANCE OF 135.00 FEET TO A SET 5A INCH CAPPED IRON ROD MARKE' 2 Fp ORNER,SAME BEING THE SOUTHEAST CORNER OF THE ! WILLAIM F.MCANULTY PORTION OF SAID 11.45 ACRE TRA t t THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST, T LINE OF SAID WILLAIM F.MCANULTY PORTION,A DISTANCE OF 548.57 FEET(551.50 FEET BY DEED)TO THE POINT O B ND CONTAINING 1.701 ACRES OF LAND,MORE OR LESS. TRACT III&IV: �st BEING A TRACT OF LAND SITUATED IN THE JAMES M.DANIEL SURVEY TRA NO. 395,TARRANT COUNTY,TEXAS,AS CONVEYED TO WILLIAM E.BAILEY BY DEED RECORDED IN VOLUME 11112 GE 55" ED RECORDS,TARRANT COUNTY,TEXAS, (ALSO KNOWN AS TRACT 3F&3F1); BEGINNING AT A SET"X"IN A CONCRETE RUNNER UNDER A FENCE FOR CORNE EING NORTH 88 DEGREES 18 MINUTES 59 SECONDS EAST,270.00 FEET FROM THE NORTHWEST CORNER OF AN 11.45 F LAND CONVEYED TO FRANK A. MCANULTY AT AL BY DEED RECORDED IN VOLUME 2636,PAGE 472,DEED RECO OUNTY,TEXAS,ALSO BEING THE NORTHEAST CORNER OF A PORTION OF SAID 11.45 ACRE TRACT CONVEYED TO VI M ANULTY(TRACT2E); THENCE NORTH 88 DEGREES 18 MINUTES 59 SECONDS EAST,ALONG THE NORTH LIN CRE TRACT A DISTANCE OF 135.00 FEET TO A SET"X"IN A CONCRETE RUNNER UNDER A FENCE FOR CORNER; THENCE SOUTH 00 DEGREES 00 MINUTES 19 SECONDS WEST,A DISTANCE OF 549.81 FEET( 0 E EED)TO A SET 519INM CAPPED IRON ROD MARKED 5122 FOR CORNER,SAME BEING IN THE SOUTH LJNP,OF SAID 1 CT; THENCE SOUTH 88 DEGREES 31 MINNUTES 47 SECONDS WEST,ALONG THE SOUTH LINE OF SAID A CT A DISTANCE OF 135.00 FEET TO A SET 5/8 INCH CAPPED IRON ROD MARKED 5122 FOR CORNER,SAME BEING TH" E CORNER OF THE VIRGINIA SUE MCANULTY PORTION OF SAID 11.45 ACRE TRACT; THENCE NORTH 00 DEGREES 00 MINUTES 25 SECONDS EAST,ALONG THE EAST LINE OF SAID VIRGINIA CA TY PORTION, A DISTANCE OF 549.37 FEET(551.50 FEET BY DEED)TO THE POINT OF'BEGINNING AND CONTAINING 1. ACRES OF LAND,MORE OR LESS. TRACT V: BEING A TRACT OF LAND SITUATED 1N THE JAMES U. DANIEL SURVEY, ABSTRACT NO. 395,TARRANT COUNTY,TEXAS,AS CONVEYED TO WILLIAM E_BAILEY BY DEED RECORDED IN VOLUME 1 112,PAGE 557,DEED RECORDS,TARRANT COUNTY,TEXAS, (ALSO KNOWN AS TRACT 30); BEGINNING AT A SET"X"IN A CONCRETE RUNNER UNDER A FENCE FOR CORNER,SAME BEING NORTH 88 DEGREES 18 MINUTES 59 SECONDS EAST,405.00 FEET FROM THE NORTHWEST CORNER OF AN 11.45 ACRE TRACT OF LAND CONVEYED TO FRANK A. MCANULTY ET AL BY DEED RECORDED IN VOLUME 2638,PAGE 472,DEED RECORDS,TARRANT COUNTY,TEXAS,AND ALSO BEING THE NORTHEAST CORNER OF A PORTION OF SAID 11 A5 ACRE LAND CONVEYED TO MARY ANN MCANULTY KLEIN(TRACT 3F&3F1); THENCE NORTH 88 DEGREES 18 MINUTES 59 SECONDS EAST,ALONG THE NORTH LINE OF SAID 11.45 ACRE TRACT A DISTANCE OF 135.00 FEET TO A SET"X"IN CONCRETE RUNNER UNDER A FENCE FOR CORNER; MR ue01-03M(*W/07) 161900086 EXHIBIT"A((Cont'd) SOUTH GO DEGREES GO MINUTES 14 SECONDS WEST,A DISTANCE OF 550,37 FEET(551.50 FEET BY DEED)TO A SET 518INCH ON ROD MARKED 5122 FOR CORNER,SAME BEING IN THE SOUTH LINE OF SAID 11.45 ACRE TRACT; +7?188 DEGREES 31 MINUTES 47 SECONDS WEST,ALONG THE SOUTH LINE OF SAID 11.45 ACRE TRACT,A DISTANCE OF 1-0 A SET 518 INCH CAPPED IRON ROD MARKED 5122 FOR CORNER,SAME BEING THE SOUTEAST CORNER OF THE M ANULTY KLEIN PORTION OF SAID 1 L45 ACRE TRACT; S1i DEGREES 00 MINUTES 19 SECONDS EAST,ALONG THE EAST LINE OF SAID MARY ANN MCANULTY KLEIN pI}R'rl ,A PI, NCE OF 549.87 FEET(551.50 FEET BY DEED)TO THE POINT OF BEGINNING AND CONTAINING 1.704 ACRES OF I-AND. kF ES . TRACT V1 BEING A TA Ah 1TUATED IN THE TAMES M. DANIEL SURVEY,ABSTRACT NO. 395, TARRANT COUNTY,TEXAS,AS CONVEYED TO W TLLI A 11,F V BY DEED RECORDED IN VOLUM E 11112,PAGE 557,DEED RECORDS,TARRANT COUNTY,TEXAS, (ALSO KNOWN AS BEGINNING AT A A C llt RUNNER UNDER A FENCE FOR CORNER,SAME BEING NORTH 88 DEGREES 18 MINUTES 59 SECONDS EAST,540.00 (W THE NORTHWEST CORNER OF AN 11.45 ACRE TRACT OF LAND CONVEYED TO FRANK A. MCANULTY AT AL BY -I]IN VOLUME 2636,PAGE 472,DEED RECORDS,TARRANT COUNTY,TEXAS,AND ALSO BEING THE NORTI4EA ]RTTOT%r OF SAID 11.45 ACRE TRACT CONVEYED TO CHESTER KILE MCANULTY IR.(TRACT 3G); THENCE NORTH 88 DEC ' I SECONDS EAST,ALONG THE NORTH LINE OF SAID 11.45 ACRE TRACT,A DISTANCE OF 370.00 FEET TO A FOUND 1121 FOR CORNER.SAME BEING CALLED IN THE EAST LINE OF SAID 11.45 ACRE TRACT; THENCE DUE SOUTH,ALONG LINE OF SAID 11.45 ACRE TRACT,A DISTANCE OF 551.75 FEET(551.50 FEET BY DEED)TO A FOUND 112 INCH WON SAME BEING CALLED THE SOUTHEAST CORNER OF SAID 11.45 ACRE TRACT; THENCE SOUTH 88 DEGREES 31 M IM1 WEST.ALONG THE SOUTH LINE OF SAID 11.45 ACRE TRACT,A DISTANCE,OF 370.00 FEET TO A SET 5/8 INCH CAPPED LRM 1,D 5122 FOR CORNER,SAME BEING THE SOUTHEAST CORNER OF THE CHESTER KILE MCANULTY IR,PMT{ON AS ACRE TRACT; THENCE NORTH 00 DEGREES 00 MINUTES WMD5 PA-S-I,ALONG THE EAST LINE OF SAID CHESTER KILE MCANULTY JR. PORTION,A DISTANCE OF 550-37 FEET(551.5 ET BY f)EP y TO THE POINT OF BEGINNING AND CONTAINING 4,678 ACRES OF LAND,MORE OR LESS. I i r ctscz-o�,nola3ro�roR City of Fort Worth, Texas Mayor and Council Communication DATE: 03/08/22 M&C FILE NUMBER: M&C 22-0159 LOG NAME: 20SW S CRAVENS TEMPORARY INJUNCTION SUBJECT (CD 5)Adopt Attached Resolution Authorizing the City's Petition for a Temporary Injunction Against Vass'e Enterprises Inc.,the Owner of Property Located at 4201 South Cravens Road,Seeking a Temporary Right of Entry to Conduct Due Diligence in Anticipation of the South Cravens Road Culvert Improvements Project RECOMMENDATION: It is recommended that the City Council authorize the City Attorney to file a petition for a temporary injunction against Vass'e Enterprises Inc.,the owner of property located at 4201 South Cravens Road, Fort Worth,Texas 76119,to gain access to the property in order to conduct due diligence necessary for the South Cravens Road Culvert Improvements Project. DISCUSSION: Approval of this Mayor&Council Communication(M&C)would authorize the City Attorney to file a petition for a temporary injunction against Vass'e Enterprises, Inc.,the owner of property located at 4201 South Cravens Road, Fort Worth,Texas 76119,to gain access to the property in order to conduct due diligence necessary for the the South Cravens Road Culvert Improvements Project(Project).The Project is a high priority project in the Stormwater Management Division Hazardous Road Overtopping Mitigation(HROM)Program.The Project will improve drainage on South Cravens Road.The HROM Program is the highest priority of the Stormwater Management Division due to the life safety issues caused by hazardous road overtopping. The property located immediately east of the Project is owned by Vass'e Enterprises Inc.,a Texas corporation managed by Ms. Demetrica Williams.Efforts to obtain permission to enter the property to perform due diligence work have been unsuccessful.Therefore,staff seeks Council authority to file suit to obtain a temporary injunction to allow employees of the City of Fort Worth,registered contractors,consultants,and their sub- consultants to enter the property to perform due diligence work. As part of the due diligence for the Project, a Temporary Right of Entry is needed to perform survey, evaluation for environmental jurisdiction determination,subsurface utility exploration,and general site observation. Accordingly,it is recommended that the City Council adopt the attached resolution authorizing the filing of the Petition for Temporary Injunction in Tarrant County,Texas. This property is 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 approval of this recommendation will have no material effect on City funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Linda Young 2485 Expedited