HomeMy WebLinkAboutResolution 5727-03-2023A Resolution
NO. 5727-03-2023
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 21, 2023 , in M&C 23-0227, ordered and
decreed that a public necessity existed to acquire 0.0059 acres in pedestrian access easement from real
property located at 301 S Sylvania A venue in the Riverside Addition-Ft Worth, Block 29 Lot 1 Thru
3, Tarrant County, Texas, 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 the East 4th Street-East 1st Street On-Street Bike Lane project (the
"Project");
the land rights in the Property are needed for construction of new separated bicycle lanes,
bicycle and pedestrian signalization, bicycle and pedestrian counters, and related intersection
improvements along the project corridor.;
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 Estate 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, Sai Kripa RB
Investment Inc . 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 2pt day of March, 2023 , at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Nettles , to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0 .0059 acres in pedestrian access easement from real property owned by the
Sai Kripa RB Investment Inc. The property is located at 301 S Sylvania A venue in the Riverside
Addition-Ft Worth, Block 29 Lot 1 Thru 3 , Tarrant County, Texas . The land rights in the subject property
are needed for the East 4 th Street-East 1st Street On-Street Bike Lane Project, a public u se that will provide
new separated bicycle lanes , bicycle and pedestrian signalization, bicycle and pedestrian counters, and
related intersection improvements along the project corridor. The property interest to be acquired is
described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council
Communication."
Seconded by 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 21 st day of March, 2023.
ATTEST:
~A~
By: _U _____________ _
Jannette S. Goodall, City Secretary
021PMD102601 PAE 2 CONDEMNATION MAP
East 4th Street-East 1st Street On-Street Bike Lane Project
CD 8 -Chris Nettles / Future CD 11
*LOCATION OF BOUNDARY JS APPROXIMATE.
Pedestrian Access Easement I
Parcel 2 = 0.0059 Acres ..._ _ _.
s
301 S SVlVANlA AVE
TAD ACCOU NT:~
OWNER INFO:
SAi KRIPA RB INVESTM ENTS INC
301 S SYLVANIAAVE
FORT WORTH , TX
!:=:c::::::'.'."' 76111
LEGAL DESCRIPTION :
RIVERSIDE ADDIT ION-FT WORTH
Block 29 Lot 1 THRU 3
Cop yri g hl 2017 City o f Fort Worth . Un a uthorized reproduct ion i s a vio la t io n of app li cab le laws. This product is for informa ti ona l pu r poses and may not h ave been prepared for or be
sui ta b le for lega l , engi nee ring, o r s urveyi n g p urposes. It does not rep re sent an on-t he-grou nd survey and represent s on l y the approxi m ate re lative location o f prope rt y boundaries.
The C it y of Fort Wort h assumes no res ponsibility for the accu racy of sa id data.
fORTWORTH ®
~
LEGAL DESCRIPTION
PEDESTRIAN EASEMENT
BEING a 257 square foot (0 .0059 ac re) tract of land situated in the Benjam in E. Waller Survey , Abstract No . 1659,
City of Fort Worth , T arrant County, Texas, and being part of Lot 1 , Block 29 , Riverside Addition , an addition to the
City of Forth Worth according to the plat recorded in Volume 63 , Page 97, Plat Records , Tarrant County , Texas , and
being part of a called 0.5339 acre tract of land described in General Wa rranty Deed to Sai Kripa RB Investment Inc.
recorded in Instrument No . D218136283, Official Public Re cords , Tarrant County , Texas , and being more
particularly described as follows :
COMMENCING at the northeast corner of the said called 0 .5339 acre tract, being in the south right -of-way line of E.
Fourth Street , a variable width right-of-way, from which a 5/8-inch iron rod found for the southeast corne r of said Lot
3 bears South 0°13 '1 O" East , a distance of 144.12 feet;
THENCE South 89°50'11" West , along the north line of the said called 0 .5339 acre tract and along the said south
right-of-way line, distance of 128.38 feet to the POINT OF BEGINNING;
THENCE South 61 °26'57" West, departing the said north line and the said south right -of-way line , a distance of
14.67 feet to a point for corner;
THENCE North 90 °00'00" West, a distance of 16.73 feet to a point for corner ;
THENCE South 0°44'41 " East, a distance of 16 .96 feet to a point for corner ;
THENCE South 89 °58'15 " West , a distance of 4 .00 feet to a point for corne r in the west line of the said called
0.5339 acre tract, and being in the east right-of-way line of S. Sylvania Avenue, a variable width right-of-way;
THENCE North 0°44'41" West, along the said west line and along the said east right-of-way line, a distance of 23.88
feet to a crow's foot found in concrete for corner, being the northwest corner of the sa id called 0.5339 acre tract, and
being at the intersection of the sa id east right-of-way line and the said south right -of-way line of E. Fourth Street;
THENCE North 89 °50'11" East , along the said south right-of-way line, a distance of 33.71 feet to the POINT OF
BEGINNING and containing 257 square feet or 0 .0059 acres of land , more o r less.
NOTES:
Bearing syste m based on the Texas Coo rdinate System of 1983 (2011 adjustment), No rt h Central Zone (4202), with
an applied combined scale facto r of 1.00012.
A survey plat of even survey date herewith accompanies this metes and bounds description. The unders igned,
Registered Professional Land Surveyor , hereby certifies that foregoing description accurately sets out the metes and
bounds of the easement tract.
josh.wargo@kimley-horn .com
EXHIBIT 11 A 11
PEDESTRIAN EASEMENT
BENJAMIN E. WALLER SURVEY
ABSTRACT NO . 1659
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JSirr1~~y>>> HQr,,n .. .,
Fort Wo rth, Texas 761 02 FIR M # 10 194040 IWNl,kim ley-ho m.co m
ScaJe Drawn by Checke d by ~ ProJect No. Sh eet No.
NIA DMD JDW 11/1 5/2022 06 10183 71 1 OF 2
DRUMM OND, OASHAWN 11/1 5/2022 9:46 AM K:IFTW_SURV EY\0610 1837 1-E AST 4TH & 1ST ST FN./IDWG\06101837 1-EAS T 4TH & 1ST ST FTW_PE 2.0WG
0 10 20
E. FOURTH ST. GRAPHIC SCALE IN FEET
0.0059 ACRES
257 SQ. FT.
(A VARI ABLE W IDTH RIGHT-OF-WAY)
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NOTES:
S09°50'1 1"W 128 .38'
LINE TABLE
NO. BEARING
L1 S61°26'57"W
L2 Neo·oo·oo''W
L3 S00°44'41"E
L4 S89°58'1 S''W
LS N00°44'41"W
L6 N89°50'11"E
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF = IRON ROD FOUND
CFF = CROWS FOOT FOUND
P.0.8.
LENGTH
14.67'
16.73'
16.96'
4 .00'
23,88'
33 .71'
P.O.C.
PORTION OF
LOTS 1, 2 & 3, BLOCK 29
RIVERSIDE ADDITION
VOL. 63, PG. 97
CA LLED 0.5339 ACRES
SAi KRIPA RB INVERSTMENT INC
IN ST. NO. 021813628 3
5/8" IRF
I
I
UJ
0 ..-
<')
...----
0
If)
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202), with
an applied combined scale factor of 1.00012.
A metes and bounds description of even survey date herewith accompanies th is survey plat. The undersigned,
Registered Professional Land Surveyor, hereby certifies that th is survey plat accu rately se ts out the metes and
bounds of the easement tract.
LD, v-~n-~"'~ .. 9.F. ... r~ ~ /1/16/A ,<__r;,•'cG\ST£,c,,.'.•,,
REGIS~~Ei~~~~ESSIONAL -~er:· .. ~~-*~~ . .-:·:\~.
LAND SURVEYOR NO. 6391 JOSHUA D. WARGO
801 CHERRY STREET · .. · .................... ., .... ..
UNIT 11 SUITE 1300 \,_,o1 6391 ~./
FORT WORTH , TEXAS 76102 <-1 ·· .. f~ESS\~J,•·')~
PH. 817-335-6511 1/10 'tu·R·~ \'.-"
josh .wa rgo@kimley-hom .com
EXHIBIT 11 8 11
PEDESTRIAN EASEMENT
BENJAMIN E. WALLER SURVEY
ABSTRACT NO . 1659
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
J~ifil.~~y>>> HQf!L
Fort Worth, Texas 76102 FIRM# 101 94040 www.kimley-hom.com
~ ~ Checked by ~ Prolecl No. Sheet No,
1"= 20' DMD JDW 11115/2022 061018371 20F2
DRUMMOND, DASHA\NN 11/1512022 9:46 AM K:\FTW_SURVEY\061018371-EAST 4TH & 1ST ST FTWIDWG\061018371-EAST 4TH & 1ST ST FTW_PE2 .DWG
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/21/23 M&C FILE NUMBER: M&C 23-0227
LOG NAME: 21CONDEMN 102601 P2 301 S . SYLVANIA
SUBJECT
(CD 8 / Future CD 11) Adopt Resolution Authorizing Condemnation by Emin ent Domain to Acquire 0.0059 Acres in Pedestrian Access
Easement from Real Property Owned by Sai Kripa RB Investment Inc Located at 301 S . Sylvania Avenue in the Riverside Addition-Fort Worth ,
Block 29, Lots 1-3, Tarrant County, Texas for the East 4th Street-East 1s t Street On-Street Bike Lane Project (2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council :
1 . Declare that negotiations between the City and the property owner to acquire 0.0059 acres in pedestrian access easement from real
property owned by Sai Kripa RB Investment Inc located at 301 S . Sylvania Avenue in the Riverside Addition-Fort Worth, Block 29, Lots 1-
3, Tarrant County, Texas were unsuccessful due to the inabi lity to negotiate agreeable terms for the property interest being acquired by the
City;
2 . Declare the necessity to acquire the described property interest for the East 4 th Street-East 1s t Street On-Street Bike Lane project (City
Project No . 102601 );
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use ;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interests from the
property owner;
5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and
6 . Authorize the City Manager or his designee to accept and record the appropriate instruments .
DISCUSSION :
The land rights in the subject property are needed for the East 4 th Street-East 1s t Street project , which provides for the construction of new
separated bicycle lanes, bicycle and pedestrian signalization, bicycle and pedestrian counters, and related intersection improvements along the
project corridor .
An independent appraisal established fair market value for the property interest (as shown below) in the total amount of $6 ,597 .00 . Negotiations
were unsuccessful due the inability to negotiate agreeable terms for the property interest being acquired by the City.
Upon approval, a condemnation action will be brought and a Special Commissioners' hearing held to acquire the pedestrian access easement on
the property .
1P~r~_e1 11 Legal Description I
Acreage I Property
Interest
G Riverside Addition-Fort Worth , Block 0.0059 Acres/
Pedestrian Access 29 Lot 1 Thru 3, Tarrant County , Texas Easement
To approve this Mayor and Council Communication (M&C), the Council Member making a motion to autho rize 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 .0059 acres in pedestrian
access easement from real property owned by Sai Kripa RB Investment Inc. The land rights in the subject proprerty are needed for the East 4 th
Street-East 1st Street On-Street Bike Lane project; a public use which provides for the construction of new separated bicycle lanes , bicycle and
pedestrian signali za tion , bicycle and pedestrian counters, and related intersection improvements along the project corridor. The property is located
at 301 S . Sylvania Avenue in the Riverside Addition-Fort Worth , Block 29, Lots 1-3, 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 project is included in the 2014 and 2018 Bond Program . Available resou rces within the General Fund will be used to provide Interim
Financin g until debt is issued . Once debt associated with the project is sold , bond proceeds will reimburse the General Fund In accordance with
the statement express ing official intent to Reimburse that was adopted as part of the ordinance canvassing th e bond election (Ordinance Nos .
2 1241 -05-2014 and 23209-05-2018) and subsequent action taken by the Mayor and Council.
Funding is budgeted in the TPW Dept Highway & Streets Department's 2018 Bond Program Fund for the purpose of funding the E 4th St & E 1st
St lmprovemnt project, as appropriated .
This property is located in COUNCIL DISTRICT 8 / Future COUNCIL DISTRICT 11 .
A Form 1295 is not required because : This M&C does not request approva l of a contract with a business entity .
FISCAL INFORMAT ION/ CERT IFICATION:
The Director of Finance certifies that funds are available in the current capital budget , as previously appropriated, in the 2018 Bond Program Fund
for the E 4th St & E 1st St lmprovemnt project to support the approval of the above recommendations and acquisition of easement. Prior to an
expenditure being incurred , the Transportation and Public Works Department has the responsibility of verifying the availability of funds.
Subm itted 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
Jeremy Van Rite 2574