HomeMy WebLinkAboutResolution 5662-11-2022 A Resolution
NO. 5662-11-2022
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 November 29, 2022, in M&C 22-0996, ordered and
decreed that a public necessity existed to acquire 0.139 acres in right-of-way easement and 0.127 acres
for a temporary construction easement from real property located 2401 Golden Heights Road in Lot,Block
1, Harmon Senior Villas, Tarrant County, Texas, as described in the exhibits attached to the above-
referenced M&C; those exhibits are incorporated herein for all purposes (the "Property");
WHEREAS, the Fort Worth City Council has determined that:
- the Property is needed for Golden Triangle Boulevard Project (City Project No. 10 10 13) (the
"Project");
- the land rights in the Property are needed for new travel lanes, storm drainage improvements,
sidewalks traffic signals and street lights 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,negotiations between the City of Fort Worth and the property owner,Harmon Fund,
LP, were unsuccessful due the inability to negotiate agreeable terms for the property interests being
acquired by the City of Fort Worth; and
WHEREAS, on this 29th day of November, 2022, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Firestone,to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.139 acres in right-of-way easement and 0.127 acres for a temporary
construction easement from improved property owned by Harmon Fund, LP. The property is needed to
construct public roadway improvements at the northwest corner of Golden Heights Road and Harmon
Road for the Golden Triangle Boulevard project, a public use that will improve safety and traffic flow
along Golden Triangle Boulevard where it transitions into Harmon Road. The land rights in the subject
property are for new travel lanes,storm drainage improvements,sidewalks,traffic signals and streetlights
as necessary. The property is located at 2401 Golden Heights Road in Lot 1, Block 1, Harmon Senior
Villas, Tarrant County, Texas. The property interests to be acquired are described by metes and bounds
and depicted by survey exhibits attached to this Mayor and Council Communication."
Seconded by Councilmember Bivens,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 29t'day of November 2022.
ATTEST: F
O FO.�
cJ. l�ydd ft e 1
By: ette S.Goodall(Dec 1,2022 08: 5T) T /1
Jannette S. Goodall, City Secretary
021 PMD 101013 PSFE 4 CONDEMNATION MAP N
GOLDEN TRIANGLE BLVD PROJECT (CITY PROJECT No. 101013) W. E
COUNCIL DISTRICT 7 S"
Lagund 7 Leonard Firestone , : •ice=
MAsrWr Thoroughfare Plan V./
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*LOCATION OF BOUNDARY IS APPROXIMATE.
ogle Mountain Keller
Harmon Senior Villas
PERMANENT ROW = 0.139 Acres
Watauga
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l North Richland
TEMPORARY CONSTRUCTION = 0.127 Acres 3,
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Copyright 2017 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is for informational purposes and may not have been prepared for or be
suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.
The City of Fort Worth assumes no responsibility for the accuracy of said data.
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INST. No. D217013578 3 VOL 16156 PG 315
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VASURVEYOR PREPARING THIS EXHIBIT:
TEWORARY CONSTRUCTION EASEMENT
INTER & ASSOCIATES, INC. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
2201 E LAMAR BLVD., SUITE 200E ARLINGTON,TEXAS 76006 METRO(617)467-7700
Texas Firm Registration No. F 2776 www,WicrAssociates.com DRANK By.am SHEET NO. 1 OF 3 REV.
Texas Boord of Professional Land Surveying Registration No. 10033900 APPROVED A4S
EXHIBIT "A"
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SURVEYOR PREPARING THIS E*11181T:
TEWORARY CONSTRUCTION EASEMENT
WIER & ASSOCIATeS, INC. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
2201 L LAMAR BLVD.,SATE 200E ARLINGTON,TEXAS 76006 METRO(817)467-7700
Texas Firm Registration No. F-2776 www.VerAssociates.com IRAWN BYCL1M SHEET NO. 2 OF 3 REV
Texas Board of Professional Land Surveying Registration No, 100339DO APPROVID:ALS
EXHIBIT "A"
FIELD NOTES - DESCRIPTION ?
TEMPORARY CONSTRUCTION EASEMENT 0..,
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BEING A TRACT OF LAND LOCATED IN THE JOSIAH WALKER SURVEY, ABSTRACT No. 1603 TARRANT COUNTY, TEXAS, N
BEING A PORTION OF LOT 1, BLOCK 1. HARMON SENIOR VILLAS, AN ADDITION TO THE CITY OF FORT WORTH, N
TARRANT COUNTY. TEXAS, ACCORDING TO THE PLAT RECORDED IN INSTRUMENT NUMBER D217013578, OFFICIAL -
PUBLIC RECORDS; TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST RIGHT-OF-WAY LINE OF HARMON ROAD (A VARIABLE WIDTH RIGHT-OF-WAY). i
BEING THE NORTHEAST CORNER OF SAID LOT 1 AND IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN A c�
DEED TO SAGINAW BUSINESS PARK, LLC, RECORDED IN INSTRUMENT NUMBER D216072562, O.P.R.T.C.T., FROM WHICH °Co
A 5/8" IRON ROD FOUND, BEARS N 13-02'17" E. 246.07 FEET, SAID IRON ROD BEING THE SOUTHWEST CORNER OF
LOT 2, BLOCK 1, SYNERGY WEST, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY. TEXAS ACCORDING o
TO THE PLAT RECORDED IN INSTRUMENT NUMBER D217094127. O.P.R.T.C.T. AND BEING THE INTERSECTION OF THE
EAST RIGHT-OF-WAY LINE OF SAID HARMON ROAD WITH THE NORTH RIGHT-OF-WAY LINE OF GOLDEN TRIANGLE s
BOULEVARD (A CALLED 12D' RIGHT-OF-WAY); z
THENCE S DO'09'58" E. ALONG THE EAST LINE OF SAID LOT 1 AND THE WEST RIGHT-OF-WAY LINE OF SAID HARMON z
ROAD, A DISTANCE OF 211.90 FEET TO A POINT, BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT; o
THENCE SOUTHWESTERLY, AN ARC LENGTH OF 37.12 FEET DEPARTING THE EAST LINE OF SAID LOT 1 AND THE WEST W
RIGHT-OF-WAY LINE OF SAID HARMON ROAD AND ALONG SAID NON-TANGENT CURVE TO THE LEFT. HAVING A o`
RADIUS OF 598.00 FEET, A DELTA ANGLE OF 0334'06-, AND A CHORD BEARING OF S 12'22'41" W, 37.11 FEET TO A m
POINT:
THENCE S 1035'38" W. 289.51 FEET TO A POINT IN THE EAST LINE OF SAID LOT 1 AND THE WEST RIGHT-OF-WAY
LINE OF SAID HARMON ROAD, BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT;
THENCE SOUTHWESTERLY, AN ARC LENGTH OF 6.46 FEET ALONG THE EAST LINE OF SAID LOT 1, THE WEST
RIGHT-OF-WAY LINE OF SAID HARMON ROAD. AND SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF
179.60 FEET, A DELTA ANGLE OF 02"03'35 , AND A CHORD BEARING OF S 38`17'00" W. 6.46 FEET TO A POINT,
FROM WHICH A 5/8" IRON ROD FOUND BEARS S 65'02'55" W. 155.97 FEET;
THENCE N 1035'38" E. DEPARTING THE EAST LINE OF SAID LOT 1 AND THE WEST RIGHT-OF-WAY LINE OF SAID
HARMON ROAD, A DISTANCE OF 255.84 FEET TO A POINT;
THENCE N 0227'26" E, 31.94 FEET TO A POINT;
THENCE N 1020'24" E, 16.73 FEET TO A POINT:
S THENCE N 00'06'14" W, 51.34 FEET TO A POINT;
THENCE N 02 42'28" W, 109.01 FEET TO A POINT;
N THENCE S 89'50'OY W. 11.52 FEET TO A POINT;
`O THENCE N 00-09'58- W, 56.00 FEET TO A POINT;
THENCE N 49'00'OB" E, 33.24 FEET TO A POINT IN THE NORTH LINE OF SAID LOT 1 AND THE SOUTH LINE OF SAID
u<I SAGINAW BUSINESS PARK TRACT;
THENCE S 89'24'46" E. ALONG THE NORTH LINE OF SAID LOT 1 AND THE SOUTH LINE OF SAID SAGINAW BUSINESS
PARK TRACT, 5.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.127 ACRES (5.522 SQUARE FEET) OF
LAND, MORE OR LESS.
� OF
AARON L_ STRINGFEILOW
6373
NOTES: 9yoFESS1. ,kO
(1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE
COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1993, AS DERIVED BY FIELD
OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY ALLTERRA CENTRAL, INC.
(2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT.
m (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF MARCH, 2021
UNDER THE DIRECT SUPERVISION OF AARON STRINGFELLOW, R.P.L.S. NO. 6373.
SURVEYOR PREPARING THIS EXHIBIT: TEMPORARY CONSTRUCTION EASEMENT
WIER It ASSOCIATES, INC. CITY OF FORT WORTH, TARRANT COUNTY. TEXAS
2201 E.LAMAR BLVD., SLOTE 200E ARLINGTON,TEXAS 76006 METRO(817)467-7700 ___T_
Texas Firm Registration No. F-2776 www.WitrAssociates.com MANN BY am SHEET NO. 3 OF 3 REV.
Texas Board of Professional Land Surveying Registration No. 100339DO APPROVED-AtS
EXHIBIT W
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1/ „2" IRF KAZ" FL`OODPLAIN EASEMENT a
15' WATER EASEMENT
IN T. N0. D 17013578 VOL. 16156, PG. 315 j
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INST. No. D217013578 I I N
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17.65' R.O.W. DEDICATION
INST. NO. D217013578
O.P.R.T.C.T.
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R.O.W. EASEMENT 0Gc0%0Q. 999
VOL. 4347, PG. 245 i �� n��•Gt N
D.R.T.C.T.
SURVEYOR PREPARING THIS EXHIBIT:
RIGHT-OF-WAY EASEMENT
WIT a ASSOCIATES, INC■ CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
2201 E. LAMAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 METRO(817)467-7700
Texas Firm Registration No. F-2776 www.VierAssociates.com DRAWN BY.SCR SHEET NO. 1 OF 2 REV.
' Texas Board of Professional Land Surveying Registration No. 10033900 APPROVED-ALS
EXHIBIT "A"
z
FIELD NOTES — DESCRIPTION a
RIGHT—OF—WAY EASEMENT N
lin
I
BEING A TRACT OF LAND LOCATED IN THE JOSIAH WALKER SURVEY, ABSTRACT No. 1603,
TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK 1, HARMON SENIOR VILLAS, AN a
ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT z
RECORDED IN INSTRUMENT NUMBER D217013578, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, c�
TEXAS (O.P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A POINT IN THE WEST RIGHT—OF—WAY LINE OF HARMON ROAD (A VARIABLE WIDTH
RIGHT—OF—WAY), AND IN THE EAST LINE OF SAID LOT 1. FROM WHICH A 1/2" IRON ROD FOUND i
o WITH A CAP STAMPED "KAZ". BEARS N 71'24'48" W. 685.68 FEET, SAID IRON ROD BEING THE z
NORTHWEST CORNER OF SAID LOT 1 AND THE SOUTHWEST CORNER OF A TRACT OF LAND o
DESCRIBED IN A DEED TO SAGINAW BUSINESS PARK, LLC, RECORDED IN INSTRUMENT NUMBER (n
D2106072562, O.P.R.T.C.T.;
a
THENCE ALONG THE WEST RIGHT—OF—WAY LINE OF SAID HARMON ROAD AND THE EAST LINE OF 0°
SAID LOT 1 AS FOLLOWS:
1) S 00'09'58" E. 195.44 FEET TO A 5/8" IRON ROD FOUND WITH A CAP STAMPED "TNP";
2) S 24'59'27" W, 17.65 FEET TO A 5/8" IRON ROD FOUND WITH A CAP STAMPED "TNP";
3) S 89'42'22" W, 17.65 FEET TO A POINT, BEING THE BEGINNING OF A CURVE TO THE RIGHT;
4) SOUTHWESTERLY, AN ARC LENGTH OF 117.35 FEET ALONG SAID CURVE TO THE RIGHT,
Q HAVING A RADIUS OF 179.60 FEET, A DELTA ANGLE OF 37'26'12", AND A CHORD BEARING
OF S 18'32'07" W, 115.27 FEET TO A POINT;
THENCE N 10'35'38" E. DEPARTING THE WEST RIGHT—OF—WAY LINE OF SAID HARMON ROAD AND
THE EAST LINE OF SAID LOT 1, A DISTANCE OF 289.51 FEET TO A POINT, BEING THE BEGINNING
OF A CURVE TO THE RIGHT;
THENCE NORTHEASTERLY, AN ARC LENGTH OF 37.12 FEET ALONG SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 596.00 FEET, A DELTA ANGLE OF 03'34'06", AND A CHORD BEARING OF
`O N 12'22'41" E. 37.11 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.139 ACRES (6,042
SQUARE FEET) OF LAND, MORE OR LESS.
OF
g AAIM L SiRINGFEUDW
6373
9 �Ff s S SOS. O
NOTES: A •.........
4'l
(1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE
COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD
OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY ALLTERRA CENTRAL, INC.
(2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT.
(3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF MARCH, 2021
UNDER THE DIRECT SUPERVISION OF AARON STRINGFELLOW, R.P.L.S. NO. 6373.
%= SURVEYOR PREPARING THIS EXHIBIT: RIGHT—OF—WAY EASEMENT
WIiA & ASSOCIAUS, INC. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
2201 E LAMAR BLVD., SUITE 200E ARLNGTON, 1DU1.4 76006 METRO(817)467-7700
Texas Firm Registration No. F-2776 www.VlierAssociates.com DRAYMI BY.SCR SHEET NO. 2 OF 2 REV.
Texas Board of Professional Land Surveying Registration No. 10033900 APPROVED ALS
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/29/22 M&C FILE NUMBER: M&C 22-0996
LOG NAME: 21CONDEMN 101013 P4 2401 GOLDEN HEIGHTS
SUBJECT
(CD 7)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.139 Acres in Right-of-Way Easement and 0.127 Acres for a
Temporary Construction Easement from Improved Property Owned by Harmon Fund,LP, Located at 2401 Golden Heights Road in Lot 1, Block 1,
Harmon Senior Villas Addition,Tarrant County,Texas,for the Golden Triangle Boulevard Project(2018 Bond Fund)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 0.139 acres in right-of-way easement and 0.127 acres fora
temporary construction easement from improved property owned by Harmon Fund, LP, located at 2401 Golden Heights Road in Lot 1,Block
1, Harmon Senior Villas Addition,Tarrant County,Texas,were unsuccessful due to the inability to negotiate agreeable terms for the property
interests being acquired by the City;
2. Declare the necessity to acquire the described property interests for the Golden Triangle Boulevard project(City Project No. 101013);
3. Adopt the attached resolution authorizing the City of Fort Worth to use its power of eminent domain to acquire the property for public use;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interests from the
property owner;
5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement;and
6. Authorize the City Manager or his designee to accept and record the appropriate instruments.
DISCUSSION:
The land rights in the improved subject property are required to construct public roadway improvements at the northwest corner of Golden Heights
Road and Harmon Road that will improve safety and traffic flow along Golden Triangle Boulevard where it transitions into Harmon Road. The
improvements will be constructed for public use and the property rights are needed for new travel lanes,storm drainage improvements,sidewalks,
traffic signals and streetlights as necessary.
An independent appraisal established fair market value for the property interests shown below in the total amount of$81,300.00. Negotiations
were unsuccessful due to the inability to negotiate agreeable terms for the property interests being acquired by the City. Upon approval,a
condemnation action will be brought and a Special Commissioners'hearing held to acquire the property interests on the property.
Improved Subject Property
Parcel Legal Description Acreage/Property Interest
No.
Lot 1, Block 1, Harmon 0.139 Acres/Right-of-Way
4 Senior Villas Addition Easement
i
[:4:]Lot 1, Block 1, Harmon 1 0.127 Acres/Temporary
Senior Villas Addition Construction Easement
To approve this Mayor and Council Communication(M&C),the Council Member making a motion to authorize condemnation by eminent domain
should say:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.139 acres in right-of-way
easement and 0.127 acres for a temporary construction easement from improved property owned by Harmon Fund, LP. The property is needed to
construct public roadway improvements at the northwest corner of Golden Heights Road and Harmon Road for the Golden Triangle Boulevard
project,a public use that will improve safety and traffic flow along Golden Triangle Boulevard where it transitions into Harmon Road. The land
rights in the subject property are for new travel lanes,storm drainage improvements,sidewalks,traffic signals and streetlights as necessary. The
property is located at 2401 Golden Heights Road in Lot 1, Block 1,Harmon Senior Villas,Tarrant County,Texas. The property interests to be
acquired are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication."
The project is included in the 2018 Bond Program.Available resources within the General Fund will be used to provide interim financing until debt
is issued.Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement
expressing official intent to reimburse that was adopted as part of the ordinance canvassing the bond election(Ordinance No.23209-05-2018)
and subsequent actions taken by the Mayor and Council.
Funding is budgeted in the 2018 Bond Fund for the purpose of funding the Golden Triangle Boulevard 135-MistyRwood project,as appropriated.
This property is located in COUNCIL DISTRICT 7.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget,as previously appropriated, in the 2018 Bond Fund for the
Golden Triangle Boulevard project to support the approval of the above recommendations and acquisition of easements. Prior to any expenditure
being incurred,the Property Management and Transportation and Public Works Departments have the responsibility to validate the availability of
funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Ricky Salazar 8379
Additional Information Contact: Niels Brown 5166
Armando Calva 2570
Expedited