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HomeMy WebLinkAboutResolution 5754-06-2023A Resolution NO. 5754-06-2023 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 June 13, 2023, in M&C 23-0476, ordered and decreed that a public necessity existed to acquire 0.0521 acres in right-of-way and 0.0890 acres in public open space easement from real property owned by North Fort Worth Baptist Church, located at 5801 North Freeway in the North Fort Worth Baptist Church Addition, Block 1, Lots IA, City of Fort Worth, 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 the Cantrell Samson Road Widening project (the "Project"); - the land rights in the Property are needed for road widening improvements; - 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, North Fort Worth Baptist Church, 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 13th day of June, 2023, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Flores, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.0521 acres in right-of-way and 0.0890 acres in public open space easement from real property owned by North Fort Worth Baptist Church. The land rights in the subject property are needed for the Cantrell Samson Road Widening project, a public use that will widen and connect the roadway. The property will be used for the permanent grading, construction, maintenance and repair of Cantrell Samson Road. The property is located at 5801 North Freeway in the North Fort Worth Baptist Church Addition, Block 1, Lots IA, City of Fort Worth, Tarrant County, Texas. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." Seconded by Councilmember Williams 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 13th day of June 2023. ATTEST: b -&x, By: Jannette S. Goodall, City Secretary a rr R a4 0 ° 0000000 aad v �'* o °�C �p o o° °°°Oo°°°°°°° ♦car aa��F� A5a4� 021 PMD 102217 ROW 4A, 413 & POSE 5 CONDEMNATION MAP Cantrell Samson Road Widening Project COUNCIL DISTRICT 2 *LOCATION OF BOUNDARY IS APPROXIMATE. ROW 4A/4B = 0.057 Acres POSE 5 = 0.0890 Acres N W E s ' t = Project Site 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. FORT WORTH® EXHIBIT "A" PUBLIC OPEN SPACE EASEMENT JA WALKER SURVEY, ABSTRACT NUMBER 1738 LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 0.0890 acre tract of land located in the JA Walker Survey, Abstract Number 1738, City of Fort Worth, Tarrant County, Texas, said 0.0890 acre tract being a portion of LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, being an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed for record in Volume 388-166, Page 97, Plat Records, Tarrant County, Texas, said 0.0890 acre tract also being a portion of a tract of land conveyed to NORTH FORT WORTH BAPTIST CHURCH, by deed thereof filed for record in Volume 7045, Page 1085, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0890 acre tract being more particularly described by the metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with a cap stamped "HALFF ASSOC" found on the south lot line of said Lot 1 and at the southwest property corner of a called 1.0487 acre tract conveyed to the State of Texas and being identified as Parcel 167 Part 1, by deed thereof filed for record in Instrument Number D211166994, O.P.R.T.C.T., same being the northwest property corner of a called 2.5974 acre tract conveyed to the State of Texas and being identified as Parcel 161 Part 2, by deed thereof filed for record in Instrument Number D211205639, O.P.R.T.C.T., said commencing point also being at the northeast right-of-way corner of Cantrell Sansom Road (being a 60 feet wide right-of-way dedication at this point, being dedicated and shown on plat of Lot 2, Block 1, Carlsbad Addition, being an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed for record in Instrument Number D216273123, O.P.R.T.C.T.), said commencing point further being at the beginning of a curve to the left having a radius of 2,884.79 feet; THENCE along the west property line of the said 1.0487 acre tract and along the said curve to the left, an arc length of 60.38 feet and across a chord which bears North 05°57'09" East, a chord length of 60.38 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set at the intersection of the said west property line with the north line of an existing 60 feet wide easement for future street, being dedicated and shown on said plat of North Fort Worth Baptist Church Addition; THENCE South 89°30'32" West, departing the said property line, along the said north easement line and over and across said Lot 1, 64.30 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set at the POINT OF BEGINNING of the herein described tract, said beginning point also having a NAD83 Texas North Central Zone (4202) grid coordinate of 6,993,486.53 and E: 2,332,788.62; THENCE South 89*30'32" West, continuing along the said easement line and over and across said Lot 1, 44.89 feet; THENCE North 47*34'22" East, departing the said easement line and continuing over and across said Lot 1, 162.04 feet to a point on the said west property line of the State of Texas tract, said point also being at the beginning of a non -tangent curve to the right having a radius of 2,844.79 feet; THENCE along the said property line and along the said curve to the right, an arc length of 44.25 feet and across a chord which bears South 04°53'26" West, a chord length of 44.25 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set; THENCE South 47*34'22" West, departing the said property line and over and across said Lot 1, 96.11 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 0.0890 acres (3,875 square feet) of land, more or less. The bearings recited herein above are based on a local coordinate system based on NAD83 Texas North Central Zone 4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc.) I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description accurately sets out the metes and bounds description of the easement tract described herein. -wA,%. 07-08-21 i e of r S TERM F+ Eric S. Spooner, RPLS co s * ° -7 �\ Spooner & Associates, Inc. < ERIC S. SPOONER > Texas Registration No. 5922 \ TBPLS Firm No. 10054900 \ 5922 oFES i Exhibit "A" — Public Open Space Easement — N. FTW Baptist Church — Page 1 of Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner@spoonersurveyors corn - S&A 20007 PUBLIC OPEN SPACE EASEMENT SEE ATTACHED METES & BOUNDS DESCRIPTION ON PAGE 1 HEREIN CURVE TABLE ARC CHORD I CHORD NO. RADIUS LENGTH DIRECTION I LENGTH C1 2,844.79' 44.25' SO4°53'26"W 44.25' LOT 1, BLOCK 1 NORTH FORT WORTH BAPTIST CHURCH ADDITION VOLUME 388-166, PAGE 97, P.R.T.C.T. OWNER NORTH FORT WORTH BAPTIST CHURCH VOL. 7045, PG. 1085, OPRTCT LINE TABLE NO. I DIRECTION DIST. L1 S89°30'32"W 44.89' L2 N47°34'22"E 162.04' L3 S47°34'22"W 96.11' PUBLIC OPEN SPACE EASEMENT 0.0890 ACRES (3,875 S.F.) �/S89°30'32"W - - - - - - - - - - 64.30' - L1 clRs EX. 60' EASEMENT POINT OF FOR FUTURE STREET 10' UTILITY EASEMENT BEGINNING VOL. 388-166, PG. 97, VOLUME 388-166, PAGE 97, N: 6,993,486.53 O.P.R.T.C.T. O.P.R.T.C.T. E: 2,332,788.62 — — — — _ _ _ _ (NAD83= GRID) L R.O. W � CANTRELLSANSOM ROAD 60' RIGHT-OF-WAY DEDICATION INS. NO. D216273123, _ _ _ _ _ _ _ _ _ _ _ I — O.P.R.T.C.T. PERMANENT WATER EASEMENT CITY OF FORT WORTH INS. NO. D213064031, R.O.W- O.P.R.T.C.T. 'A EXHIBIT "B" PUBLIC OPEN SPACE EASEMENT JA WALKER SURVEY, ABSTRACT NUMBER 1738 LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PROPERTY: LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, VOL. 388-166, PG. 97, P.R.D.C.T. 20007 VISIBILITY ESMT.dwg I DRAWN BY: R. OSMENTI CHECKED BY: E. SPOONER THE BEARINGS SHOWN HEREON ARE BASED ON A LOCAL COORDINATE SYSTEM BASED ON NAD83, TEXAS NORTH CENTRAL ZONE 4202, DERIVED FROM GPS RTK OBSERVATIONS USING THE NORTH TEXAS VRS NETWORK (ALLTERRA CENTRAL, INC.) E1 O EASEMENT & RIGHT-OF-WAY AGREEMENT CROSSTEX NORTH TEXAS FATHERING, L.P. 30' GAS PIPELINE EASEMENT INS. NO. D207002634, O.P.R.T.C.T. Q V CALLED: 1.0487 ACRES M O STATE OF TEXAS = "PARCEL 167 PART 1" O —CIRS INS. NO. D211166994, O.P.R.T.C.T. w J � o o CIRS= 5/8" IRON ROD WITH A U CAP STAMPED "SPOONER 5922" SET rTl Lu Q -CIRS _ 0' 25' 50, L R=2,884.79' w w ARC=60.38' 7A�LEINFEET [� Q — ChB=N5°5T09"E GRAPHIC ChL=60.38' 1" = 50' 1/2" CIRF "HALFF ASSOC" POINT OF COMMENCING El CALLED: 2.5974 ACRES STATE OF TEXAS "PARCEL 161 PART 2" INS. NO. D211205639, O.P.R.T.C.T. SPOONER& A§,,G,sS,,,O,DP,.c,,IATESIO • • 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039 (817) 685-8448 WWW.SPOONERSURVEYORS.COM TBPLS FIRM NO. 10054900 N. FTW BAPTIST CHURCH - PG. 2 OF 2 iA,, 07-08-21 r E OF T 16. cPq�, 1 S 7ER�0 -7 / N 4 ERIC S. SPOONER > \� 5922 ,y If .9 °FES p�/ p�f ., EXHIBIT "A" PUBLIC RIGHT-OF-WAY ACQUISITION JA WALKER SURVEY, ABSTRACT NUMBER 1738 LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 0.0046 acre tract of land located in the JA Walker Survey, Abstract Number 1738, City of Fort Worth, Tarrant County, Texas, said 0.0046 acre tract being a portion of LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, being an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed for record in Volume 388-166, Page 97, Plat Records, Tarrant County, Texas, said 0.0046 acre tract also being a portion of a tract of land conveyed to NORTH FORT WORTH BAPTIST CHURCH, by deed thereof filed for record in Volume 7045, Page 1085, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0046 acre tract being more particularly described by the metes and bounds as follows: COMMENCING at the southwest lot corner of said Lot 1, same being the intersection of the east right-of-way line of Old Denton Road (being a variable width public right-of-way) with the north right-of-way line of Cantrell Sansom Road (being a variable width public right-of-way conveyed in part in Instrument Number D216273123), from said commencing point, a 1 inch pipe found bears South 89°30'32" West, 17.00 feet; THENCE North 00°34'02" West, along the west lot line of said Lot 1 and along the said east right-of-way line, 60.00 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as an iron rod set) at the POINT OF BEGINNING of the herein described tract, said beginning point being at the intersection of the said west lot line with the north easement line of a 60 feet wide easement for future street as shown on and dedicated by said plat of North Fort Worth Baptist Church Addition, said beginning point also having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 6,993,481.11 and E: 2,332,156.41; THENCE North 00°34'02" West, continuing along the said west lot line and along the said east right-of-way line, 20.11 feet to an iron rod set; THENCE South 45°29'28" East, departing the said lot line, the said right-of-way line and over and across said Lot 1, 28.43 feet to an iron rod set on the said north easement line; THENCE South 89°30'32" West, along the said easement line and continuing over and across said Lot 1, 20.08 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 0.0046 acres (202 square feet) of land, more or less. The bearings recited herein above are based on a local coordinate system based on NAD83 Texas North Central Zone 4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc.) I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description accurately sets out the metes and bounds description of the easement tract described herein. ten` 07-08-21 OF T 1 s T fR� Ft \ * ° N\ < ERIC S. SPOONER > 0, S Oj \� iI Ed oner, RPLS Spooner Associates, Inc. Texas Registration No. 5922 TBPLS Firm No. 10054900 Public Right -of -Way Acquisition — N. FTW Baptist Church — Page 1 of 2 Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH 817-685-8448 - espooner@spoonersurveyors.com - S&A 20007 DESCR,TfAip OGA" vvCQ isIrv, N�Es EP7\NO1 HERE NA Vol 0S ONG' P1`ON Voss\. I P, PPGE75S1 GA@WP.R�C�. �1S )M ROAD ��r SANS( AR\GNP pF CAlN f F-E W1O'M p,REG-\\ON NO W 20 11 2 0NpOa 34 0 2$ 431 1,45.29 2$ E 05 L2 20- g.30,23X BPSsD ON p �O NN(RA� GS SHONE ON NAK pBSEX GE�NRA 1HE ww!oBEARS s @ROM GP RK (A\_X- RA 0 � GONE 2p2 1 NA E R5 NE�O 15' 3 ,� Z NOR1N O' �Iie FEES BPS eG g GRPPN\G 1„ gp, `OS 1, 8 OR N Bp plis ( Ov`SN� OR-(H TH FART W IA PppxTkoN 9� oR1H FO CNURCN NOR C"OR'3a ,166, Pp, N BPP XS PG 10g5, v0\vMEPR� GI vo�OPR�CT. GHV'Of W PY ,TN A 9018\ �s 1\oN FRS; 518' vROP R NER 5922` SES PGQ PGRES G MPED„ 00 a 0046 CAp SSA / s UR *40. VRE5G 1, mop� G\RS ���dv FOR 166, L3 0 SOJ OL. 3 P � O. . PO NN NG AQ C�or- ISO U ` {EASE AGE 9 7 , BEGg93 AAA � 10' U1- 3g8_166, P E; 2,332,1 GFt1Dl a vO�UM O P? INADg3 ~ h `D / ROW , g��E FtiGH 62't3 23, W 11.0� p�FF ASSEG„ @ 15 ///OF r r \ \StE O.. 112„BEPRSNag°30'32' �/ �� �GrtEa 9s\\ OWN F pONER ERtc �G1 S. SP GoM �4.! 5922 0q � �V,NO SUA��yORg AEaE, OFES (G�/ Rc ERAS 1603g 3 S$ ccB" s��T�� tol3$ BEET, Svc spOONi-lAS gp0 YORS cOM 0.100 �xIA� ov � N A Q -S� �R 30�8g1�6 5 e44�Bp s F RM �RGH PG 2 OF 2 1C �Gx� Y, AgST�GgT w 5 N FEW p7\S1 cN p�-1 S Y� ORT� 101�' Y TEXA 8P w Ati0 LocK 1t'�NjRC� NW) c°v� J E1 OT � � B '� T P.R.D G t SPOONER L $AYT15 von. Sea-1es, P GKEo gv: E. Y ov FQR� wQR Ap11ST GH�RGHORAWtJ S: R. OSMEN� CH E �� 1 NORTH FORT wOR B�OGK PROPER�y'. 1-7WT EXH G dW9 20001 ROW ES EXHIBIT "A" PUBLIC RIGHT-OF-WAY ACQUISITION JA WALKER SURVEY, ABSTRACT NUMBER 1738 LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 0.0046 acre tract of land located in the JA Walker Survey, Abstract Number 1738, City of Fort Worth, Tarrant County, Texas, said 0.0046 acre tract being a portion of LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, being an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed for record in Volume 388-166, Page 97, Plat Records, Tarrant County, Texas, said 0.0046 acre tract also being a portion of a tract of land conveyed to NORTH FORT WORTH BAPTIST CHURCH, by deed thereof filed for record in Volume 7045, Page 1085, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0046 acre tract being more particularly described by the metes and bounds as follows: COMMENCING at the southwest lot corner of said Lot 1, same being the intersection of the east right-of-way line of Old Denton Road (being a variable width public right-of-way) with the north right-of-way line of Cantrell Sansom Road (being a variable width public right-of-way conveyed in part in Instrument Number D216273123), from said commencing point, a 1 inch pipe found bears South 89°30'32" West, 17.00 feet; THENCE North 00`34'02" West, along the west lot line of said Lot 1 and along the said east right-of-way line, 60.00 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as an iron rod set) at the POINT OF BEGINNING of the herein described tract, said beginning point being at the intersection of the said west lot line with the north easement line of a 60 feet wide easement for future street as shown on and dedicated by said plat of North Fort Worth Baptist Church Addition, said beginning point also having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 6,993,481.11 and E: 2,332,156.41; THENCE North 00°34'02" West, continuing along the said west lot line and along the said east right-of-way line, 20.11 feet to an iron rod set; THENCE South 45°29'28" East, departing the said lot line, the said right-of-way line and over and across said Lot 1, 28.43 feet to an iron rod set on the said north easement line; THENCE South 89°30'32" West, along the said easement line and continuing over and across said Lot 1, 20.08 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 0.0046 acres (202 square feet) of land, more or less. The bearings recited herein above are based on a local coordinate system based on NAD83 Texas North Central Zone 4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc.) I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description accurately sets out the metes and bounds description of the easement tract described herein. .,A-%, 07-08-21 OF T 1 A,P EG t S T E,,? �+ k < ERIC S. SPOONER > ` 1 OFES y0�� E r i oner, RPLS Spooner Associates, Inc. Texas Registration No. 5922 TBPLS Firm No. 10054900 Public Right -of -Way Acquisition — N. FTW Baptist Church — Page 1 of 2 Spooner & Associates, Inc, 309 Byers Street, Suite 100, Euless, Texas 76039 -PH 817-685-8448 - espooner@spoonersurveyors.com - S&A 20007 PUBLIC RIGHT-OF-WAY ACQUISITION SEE ATTACHED METES 8 BOUNDS r DESCRIPTION ON PAGE 1 HEREIN LL �i ~ LOT 18, BLOCK 1 ° �C) O" J m o_ w LOT 19, BLOCK 1 m THE CROSSING AT Q FOSSIL CREEK ADDITION EE CABINET A, PAGE 7531 O ; P.R.D.C.T. CANTRELL SANSOMROAD (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) LINE TABLE NO. DIRECTION DIST. L1 N00°34'02"W 20.11' L2 S45°29'28"E 28.43' L3 S89°30'32"W 20.08' CIRS J CIRS POINT OF BEGINNING N: 6,993,481.11 E: 2,332,156.41 (NAD83 - GRID) S89°30'32"W p 17.00'—� 1" IPF POINT OF COMMENCING THE BEARINGS SHOWN HEREON ARE BASED ON A LOCAL COORDINATE SYSTEM BASED ON NAD83, TEXAS NORTH CENTRAL ZONE 4202, DERIVED FROM GPS RTK OBSERVATIONS USING THE NORTH TEXAS VRS NETWORK (ALLTERRA CENTRAL, INC.) vOL. P R1 G./ / LOT 1, BLOCK 1 NORTH FORT WORTH BAPTIST CHURCH ADDITION VOLUME 388-166, PAGE 97, P.R.T.C.T. PUBLIC RIGHT-OF-WAY ACQUISITION 0.0046 ACRES 0' 15' 30' GRAPHIC SCALE IN FEET ill =30' OWNER NORTH FORT WORTH BAPTIST CHURCH VOL. 7045, PG. 1085, 0.P.R.T.C.T. (202 S.F.) CIRS= 5/8" IRON ROD WITH A CAP STAMPED "SPOONER 5922" SET I L3 CIRS o WJAVES SURY[Ey EXISTING MD. �730 FOR FUTURE STREET 0 o VOL. 388-166, PG. 97, r�i o O.P.R.T.C.T. o co 10' UTILITY EASEMENT Z VOLUME 388-166, PAGE 97, O.P.R.T.C.T. ------------+-------------r--- R.O.W� EXISTING E 1/2" CIRF "HALFF ASSOC" @ S..C. PUBLIC RIGHT-OF-WAY BEARS N89°30'32"E - 689.75' INS. NO D216273123, O.P.R.T.C.T. EXHIBIT "B„ SPOONER OF ``oa-21 PUBLIC RIGHT-OF-WAY ACQUISITION JA WALKER SURVEY, ABSTRACT NUMBER 1738 AMOCIATES �rP� GIs "E.'? LOT 1 BLOCK 1> NORTH FORT WORTH > EOPROFES ]Jl4 SURVEYORS • O / < ERIC S. SPOONER > BAPTIST CHURCH ADDITION, 5922 / CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039 (817) 685-8448 WWW.SPOONERSURVEYORS.COM �FEs / Off/ TBPLS FIRM NO. 10054900 PROPERTY: LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, VOL. 388-166, PG, 97, P.R.D.0 T. 20007 ROW ESMT EXH C.dwg DRAWN T. R. OSMENT CHECKED BY: E. SPOONER N. FTW BAPTIST CHURCH — PG. 2 OF 2 r EXHIBIT "A" PUBLIC RIGHT-OF-WAY ACQUISITION JA WALKER SURVEY, ABSTRACT NUMBER 1738 LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 0.0475 acre tract of land located in the JA Walker Survey, Abstract Number 1738, City of Fort Worth, Tarrant County, Texas, said 0.0475 acre tract being a portion of LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, being an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed for record in Volume 388-166, Page 97, Plat Records, Tarrant County, Texas, said 0.047S acre tract also being a portion of a tract of land conveyed to NORTH FORT WORTH BAPTIST CHURCH, by deed thereof filed for record in Volume 7045, Page 1085, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0475 acre tract being more particularly described by the metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with a cap stamped "HALFF ASSOC" found on the south lot line of said Lot 1, said commencing point being at the southwest property corner of a called 1.0487 acre tract conveyed to the State of Texas and being identified as Parcel 167 Part 1, by deed thereof filed for record in Instrument Number D211166994, O.P.R.T.C.T., same being the northwest property corner of a called 2.5974 acre tract conveyed to the State of Texas and being identified as Parcel 161 Part 2, by deed thereof filed for record in Instrument Number D211205639, O.P.R.T.C.T., said commencing point also being at the northeast right-of-way corner of Cantrell Sansom Road (being a 60 feet wide right-of-way dedication at this point, being dedicated and shown on plat of Lot 2, Block 1, Carlsbad Addition, being an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed for record in Instrument Number D216273123, O.P.R.T.C.T.), said commencing point further being at the beginning of a curve to the left having a radius of 2,884.79 feet; THENCE along the west property line of the said 1.0487 acre tract and along the said curve to the left, an arc length of 60.38 feet and across a chord which bears North OS°57'09" East, a chord length of 60.38 feet to a S/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as an iron rod set) at the POINT OF BEGINNING of the herein described tract, said beginning point also being at the intersection of the said west property line with the north line of an existing 60 feet wide easement for future street as shown on and dedicated by said plat of North Fort Worth Baptist Church Addition, said beginning point also having a NAD83 Texas North Central Zone (4202) grid coordinate of 6,993,487.08 and E: 2,332,852.91; THENCE South 89°30'32" West, departing the said property line, along the said north easement line and over and across said Lot 1, 64.30 feet to an iron rod set; THENCE North 47°34'22" East, departing the said easement line and continuing over and across said Lot 1, 96.11 feet to an iron rod set on the said west property line of the State of Texas tract, said point also being at the beginning of a non -tangent curve to the right having a radius of 2,844.79 feet; THENCE along the said property line and along the said curve to the right, an arc length of 60.37 feet and across a chord which bears South 05°56'39" West, a chord length of 60.37 feet to an iron rod set at the beginning of a curve to the left having a radius of 2,884.79 feet; THENCE continuing along the said property line and along the said curve to the left, an arc length of 4.27 feet and across a chord which bears South 05°18'37" West, a chord length of 4.27 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 0.0475 acres (2,070 square feet) of land, more or less. The bearings recited herein above are based on a local coordinate system based on NAD83 Texas North Central Zone 4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc.) I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description accurately sets out the metes and bounds description of the easement tract described herein. OA` 07-08-21 r E OF T / G 1 S T ERF �+ \ /* ° u,\ Eric S. Spooner, RPLS / � \ Spooner & Associates, Inc. < ERIC S. SPOONER > Texas Registration No. 5922 \ 5922 / TBPLS Firm No. 10054900` °Fes Off/ Public Right -of -Way Acquisition — N. FTW Baptist Church — Page I of 2 Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH 817-685-8448 - espoonergspoonersurveyors.com - S&A 20007 PUBLIC RIGHT-OF-WAY THE BEARINGS SHOWN HEREON ARE BASED ON A LOCAL COORDINATE SYSTEM BASED ON NAD83, TEXAS NORTH CENTRAL A Cn1TYCTTnN __ ZONE 4202, DERIVED FROM GPS RTK OBSERVATIONS USING THE , -- I< — -- - — I SEE ATTACHED METES & BOUNDS CURVE TABLE NORM TEXAS VRS NETWORK (ALLTERRA CENTRAL, RAL, INC.) NO. RADIUS ARC LENGTH CHORD DIRECTION CHORD LENGTH DESCRIPTION ON PAGE 1 HEREIN ������ ° WALK ��' 0� Ir I�pIV(D°�0 E1 o EASEMENT & RIGHT-OF-WAY I AGREEMENT CROSSTEX NORTH JF TEXAS PATHERING, L.P. in, (,AC DIDFI IAIF FACFAAFAIT C1 2,844.79' 60.37' S05°56'39°W 60.37' C2 2,884.79 4.2T °'" S05 1837W 4.2T INS. NO. D207002634,�" I LOT 1, BLOCK 1 O.P.R.T.C.T. ,� c NORTH FORT WORTH BAPTIST CHURCH ADDITION VOLUME 388-166, PAGE 97, P.R.T.C.T. LINE TABLE CALLED: 1.0487 ACRES M o STATE OF TEXAS "PARCEL 167 PART 1" 0 IAICZ Ain n9lIIaaaad NO. DIRECTION DIST. L1 S89°30'32"W 64.30' L2 N47°34'22"E 96.11' O.P.R.T.C.T. o OWNER NORTH FORT WORTH PUBLIC RIGHT-OF-WAY / ° BAPTIST CHURCH ACQUISITION ti / C1 ',� + V/ Z VOL. 7045, PG. 1085, 0.0475 ACRES CIRS 0' 25' 50' �, o O.P.R.T.C.T. (2,070 S.F.) x POINT OF W Q clRs BEGINNING C2 GRAPHIC SCALE IN FEET �r F- 1 =50' oE:2,332,852.91 CIRS-N:6,993,487.08 LF (NAD83 EX. 60'EASEMENT R-2 884 79 wGRID) OR FUTURE STREET 10' UTILITY EASEMENT ARC=60.38' �1 m VOL. 388-166, PG. 97, VOLUME 388-166, PAGE 97, ChB=N5°57'09"E CIRS= 5/8" IRON ROD WITH A O.P.R.T.C.T. O.P.R.T.C.T. ChL=60.38' CAP STAMPED "SPOONER 5922" SET ; — — — — — — — — — — — — 1/2" CIRF .F.. .. ASSOC'........I................................................... R.O.W. CANTRELL SANSOM ROAD L60'RIGHT-OF-WAY POINT OF DEDICATION COMMENCING CALLED: 2.5974 ACRES INS. NO. D216273123, — -- — — — — — — — — — — — � STATE OF TEXAS � "PARCEL O.P.R.T.C.T. PERMANENT WATER EASEMENT 161 PART 2" CITY OF FORT WORTH E1 INS. NO. D211205639, INS. NO. D213064031, O.P.R.T.C.T. O.P.R.T.C.T. EXHIBIT «B" SPOONER&+ � � o F e 21 PUBLIC RIGHT-OF-WAY ACQUISITION T� JA WALKER SURVEY, ABSTRACT NUMBER 1738 ASSOCIATES 1�&• /.P�e , s TE / LOT 1, BLOCK 1, NORTH FORT WORTH REGs.I. DVROFESS[ ALLANDSVRVEVORS / < ERIC S. SPOONER > BAPTIST CHURCH ADDITION, / CITY OF FORT WORTH TARRANT COUNTY TEXAS 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039 (817) 685-8448 WWW.SPOONERSURVEYORS.COM 5922 o < / y FEs O / TBPLS FIRM NO. 10054900 1'O ; E� -A PROPERTY: LOT 1, BLOCK 1, NORTH FORT WORTH BAPTIST CHURCH ADDITION, VOL. 388-166, PG. 97, P.R.D.C.T�j' 2 J, i 20007 ROW ESMT.dwg DRAWN BY: R. OSMENT CHECKED BY: E. SPOONER N. FTW BAPTIST CHURCH - PG. OF 2 d City of Fort Worth, Texas Mayor and Council Communication DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0476 LOG NAME: 21CONDEMN 102217 P4A, 4B, & 5 NORTH FORT WORTH BAPTIST CHURCH SUBJECT (CD 2) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.0521 Acres in Right -Of -Way and 0.0890 Acres in Public Open Space Easement from Real Property Owned by North Fort Worth Baptist Church, Located at 5801 North Freeway in the North Fort Worth Baptist Church Addition, Block 1, Lots 1A, City of Fort Worth, Tarrant County, Texas, for the Cantrell Sansom Road Widening Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City of Fort Worth and the property owner to acquire 0.0521 acres in Right -of -Way and drainage easement and 0.0890 acres in public open space easement from real property owned by North Fort Worth Baptist Church, located at 5801 North Freeway in the North Fort Worth Baptist Church Addition, Block 1, Lots 1 A, City of Fort Worth, Tarrant County, Texas, were unsuccessful due to the inability 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 Cantrell Sansom Road Widening 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 land rights in the subject property are needed for the Cantrell Sansom Road widening project. Cantrell Sansom Road from Mark IV Parkway to Interstate Highway (IH)-35W southbound frontage road is approximately 2,200 linear feet in length and identified in the City's Master Thoroghfare Plan (MTP) as a four -lane divided neighborhood connector. The property will be used for the construction of Cantrell Sansom Road at the intersection with Old Decatur Road as well as the connection to the IH-35W southbound frontage road. The Pubic Opens Space Easement will provide traffic visibility for the new road connection. An independent appraisal established fair market value for the right-of-way and public open space easement property interests in the total amount of $158,782.00. Negotiations were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City. Upon approval, a Special Commissioners' hearing will be brought to acquire the permanent drainage and sewer easements on the property. Improved Subject Property Parcel; No Legal Description 11 Acreage / Property g p Y I Interest 4A- 5801 North Freeway, Lot 1A, Block 1 0.0475 Acres / Right - ROW North Fort Worth Baptist Church Add Of -Way 413- ROW i 5801 North Freeway, Lot 1A, Block 1 North Fort Worth Baptist Church Add 0.0046 Acres / Right - Of -Way EPOS:EIIIINorth 5801 North FreewaY, Lot 1A, Block 1 Fort Worth Baptist Church Add 0.0890 Acres / Public Open Space 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 0.0521 acres in right-of- way and 0.0890 acres in public open space easement from real property owned by North Fort Worth Baptist Church. The land rights in the subject property are needed for the Cantrell Samson Road Widening project, a public use that will widen and connect the roadway. The property will be used for the permanent grading, construction, maintenance and repair of Cantrell Samson Road. The Pubic Opens Space Easement will provide traffic visibility for the new road connection. The property is located at 5801 North Freeway in the North Fort Worth Baptist Church Addition, Block 1, Lots 1A, City of Fort Worth, Tarrant County, Texas. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." Funding is budgeted in the Transportation Impact Fee Capital Fund for the purpose of funding the Cantrell Sansom Road Widening project, as appropriated. This project is located in COUNCIL DISTRICT 2 / Future COUNCIL DISTRICT ? 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 available in the current capital budget, as previously appropriated, in the Transportation Impact Fee Capital Fund for the Cantrell Sansom Rd Widening project to support the approval of the above recommendations and acquisition of easements. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b_v: Dana Burghdoff 8018 Originating Business Unit Head: Steve Cooke 5134 Additional Information Contact: