HomeMy WebLinkAboutResolution 5841-11-2023 A Resolution
NO. 5841-11-2023
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 November 14, 2023, in M&C
23-0953, ordered and decreed that a public necessity existed to acquire 2.538 acres in right-of-way-
easement and 2.3152 acres in permanent drainage easement and 0.3759 acres in temporary construction
easement from real property located 6100 Bowman Roberts Road in the Joseph Bowman Survey,
Abstract 79, Tract 1 AG in the 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 Cromwell Marine Creek Road Widening Project(2018 &
2022 Bond Program) (the "Project");
- the land rights in the Property are needed for road widening and drainage 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, Geneva
McBrown,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 14th day of November, 2023, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Hill, to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 2.538 acres in right-of-way-easement, 2.3152 acres in permanent drainage
easement and 0.3759 acres for temporary construction easements from Improved property owned by
Hayco Realty, LTD. Located at 6100 Bowman Roberts Road in the Joseph Bowman Survey, Abstract
79, Tract 1 AG in the City of Fort Worth, Tarrant County, Texas,to construct the Cromwell Marine
Creek Road Widening Project (City Project No. 101012) from Boat Club Road (FM 1220) to Marine
Creek Parkway in connection with the City of Fort Worth's Master Thoroughfare Plan. The land rights
in the improved subject property are needed to widen the road from Boat Club Rd to Marine Creek
Pkwy. 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 Blaylock,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 14t" day of November.2023. poa
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By Jannette S. Goodall, City Secretary d�nh ��oa�p
Exhibit "A"
Parcel 11
6100 BOWMAN ROBERTS RD
Fort Worth 76179
Description of
2.5380 Acres of Land
For Right-of-Way Acquisition
BEING a tract of land situated in the J. Bowman Survey, Abstract Number 79, City of Fort
Worth, Tarrant County,Texas,being a portion of that tract of land described by deed to Hayco
Realty LTD recorded in Volume 14192, Page 644, County Records,Tarrant County,Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with plastic cap stamped"Peloton", set at the northeast
corner of said Hayco Realty tract,being the intersection of the south right-of-way line of
Cromwell Marine Creek Road (a variable width right-of-way) and the west right-of-way line of
Huffines Boulevard (a variable width right-of-way);
THENCE S 00008'34"E, 94.65 feet, with the east line of said Hayco Realty tract and said west
right-of-way line to a 5/8 inch iron rod with plastic cap stamped "Peloton" set;
THENCE departing said common line over and across said Hayco Realty tract the following
courses and distances:
N 45034'19"W, 32.48 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton"set;
S 89041'35"W, 86.20 feet,to a 5/8 inch iron rod with plastic cap stamped"Peloton", set
at the beginning of a curve to the right;
with said curve to the right, an arc distance of 66.15 feet, through a central angle of
05°38'54",having a radius of 671.00 feet, the long chord which bears N 87°28'58"W,
66.12 feet to a 5/8 inch iron rod with plastic cap stamped"Peloton" set;
N 84039'31"W, 112.92 feet,to a 5/8 inch iron rod with plastic cap stamped"Peloton", set
at the beginning of a curve to the left;
with said curve to the left, an arc distance of 54.13 feet, through a central angle of
05151'46",having a radius of 529.00 feet, the long chord which bears N 87°35'24"W,
54.11 feet to a 5/8 inch iron rod with plastic cap stamped"Peloton"set;
S 89028'42"W, 1493.06 feet,to a 5/8 inch iron rod with plastic cap stamped"Peloton"
set;
S 46017'05"W, 30.22 feet,to a 5/8 inch iron rod with plastic cap stamped"Peloton" set;
S 00025'55"W, 190.89 feet,to a 5/8 inch iron rod with plastic cap stamped"Peloton"set;
Peloton Job No. BMC17001 Tracking No.Rev I
FTW January 09,2023
G:UOB\BMC17001_CROMWELL_MC_RD\M ASTER DEV\_SURVEY\LEGAL\BMC17001_RWII.DOCX Page Iof3
Parcel 11
6100 BOWMAN ROBERTS RD
Fort Worth 76179
N 89°34'05"W, 7.34 feet, to a 5/8 inch iron rod with plastic cap stamped"Peloton", set in
the west line of said Hayco Realty tract,being the east right-of-way line of Bowman
Roberts Road(a variable width right-of-way);
THENCE N 00017'21"E, 269.87 feet, with said west line and said east right-of-way line, to a
5/8 inch iron rod with plastic cap stamped"Peloton", set at the northwest corner of said Hayco
Realty tract,being the intersection of said Bowman Roberts Road east right-of-way line and the
aforementioned south right-of-way line of said Cromwell Marine Creek Road;
THENCE N 89037'38"E, 1864.00 feet, with the north line of said Hayco Realty tract and said
south right-of-way line to the Point of Beginning and containing 110,561 square feet or 2.5380
acres of land more or less.
"Integral parts of this document"
L Description—2 Pages
2.Exhibit
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'r
Peloton Job No.BMC17001 Tracking No.Rev I
FTW January 09,2023
G:\JOB\BMC17001_CROMWELL_MC RD\MASTER DEV\ SURVEY\LEGAL\BMCI7001_RW I I.DOCX Page 2 of 3
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S89°28'42"W 1493.06' C2 � Cl IRS S00°08'34"E
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City of Fort Worth, Tarrant County, Texas. :(�o
TBPELS - LS FIRM REG.NO.10177700 Copyright C 2021 Peloton Land Solutions,Inc. •••�
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Exhibit "B"
Parcel DE3
6100 BOWMAN ROBERTS RD
Fort Worth 76179
Description of a
Drainage Easement
BEING that certain tract of land situated in the J. Bowman Survey, Abstract Number 79, City of
Fort Worth, Tarrant County,Texas, being a portion of that tract of land described by deed to
Hayco Realty, LTD., recorded in Volume 14192, Page 644, County Records, Tarrant County,
Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a PK Nail found at the northeast corner of Huffines Boulevard (a variable
width right-of-way), as shown by plat recorded in Cabinet A, Slide 12800, said County Records,
the northwest corner of a right-of-way dedication tract as shown by plat recorded in Instrument
Number D217119504, said County Records, and being in the existing right-of-way of Cromwell-
Marine Creek Road (a variable width right-of-way);
THENCE S 89037'38"W, 1944.00 feet,to the northwest comer of said Hayco Realty tract and
the intersection of the south right-of-way line of said Cromwell-Marine Creek Road and the east
right-of-way line of Bowman-Roberts Road (a called 50 foot right-of-way);
THENCE S 00017'21"W, 79.00 feet, with said east right-of-way line and the west line of said
Hayco Realty tract;
THENCE S 89042'39"E, 7.81 feet, departing said common line, to the POINT OF
BEGINNING;
THENCE over and across said Hayco Realty tract, the following bearings and distances:
N 46017'05"E, 30.22 feet;
N 89°28'42"E, 113.20 feet;
S 44°54'31"W, 192.51 feet
THENCE N 00025'55"E, 114.43 feet, to the Point of Beginning and containing 8,888 square
feet or 0.2040 acres of land more or less.
"Integral Parts of this Document"
1. Description
2. Exhibit
Peloton Job No.BMC17001 Tracking No.Rev 1
Ft.Worth January 09,2023
G:\JOB\BMC17001_Cronlwell_MC_Rd\MasterDev\_Survey\Easements\Legals\BMC17001_EA5.docx Page 1 of
-i
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(A Coordinate System North Central
LINE TABLE zone 4202, NAD 83
1n W E L 1 S890 42'39"E 7.81 ' ROW = Right-of-Way
L2 N46017'05"E 30.22'
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"Integral parts of this document"
1. Description �� 2
2. Exhibit P• �00 t \2�
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Point of a
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Cromwell-Marine Creek Road 3
`a a' Variable Width ROW _ of
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Approx. Survey Line_
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Exhibit of a
Drainage Easement
eliP E LOTO N
Situated in the J. Bowman Survey, Abstract Number 79
I�I�I LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas. Parcel DE3
9800 HILLWOOD PARKWAY,SUITE 250 JOB# BMC17001 DRAWN BY: TBR CHECKED BY: TAB DATE: 10/28/2021 PAGE#2 of 2 FORT WORTH,TEXAS 76177 PH.#817-562.3950
G:\JOB\BMC 17001_Cro—ell_MC_Rd\Moster Dev\—Sur vey\Eosemen is\BMC17001_eo5.dgn SMODELNAMES 1/9/2023 2:53:05 PM
Exhibit "Ctt
Parcel DE4
6100 Bowman Roberts Road
Fort Worth 76179
Description of a
Drainage Easement
BEING that certain tract of land situated in the J. Bowman Survey,Abstract Number 79,City of Fort
Worth,Tarrant County,Texas, being a portion of that tract of land described by deed to Hayco Realty,
LTD.,recorded in Volume 14192,Page 644,County Records,Tarrant County,Texas,and being more
particularly described by metes and bounds as follows:
COMMENCING at a PK Nail found at the northeast corner of Huffines Boulevard(a variable width
right-of-way),as shown by plat recorded in Cabinet A,Slide 12800,said County Records,the northwest
corner of a right-of-way dedication tract as shown by plat recorded in Instrument Number D217119504,
said County Records, and being in the existing right-of-way of Cromwell-Marine Creek Road(a variable
width right-of-way);
THENCE S 89037'38"W, 1944.00 feet, to the northwest corner of said Hayco Realty tract and the
intersection of the south right-of-way line of said Cromwell-Marine Creek Road and the east right-of-way
line of Bowman-Roberts Road(a called 50 foot right-of-way);
THENCE S 00017'21"W, 163.74 feet,with the west line of said Hayco Realty tract and said east right-
of-way line;
THENCE S 89042'39"E,36.82 feet,departing said common line,to the POINT OF BEGINNING;
THENCE over and across said Hayco Realty tract,the following courses and distances:
N 44054'31"E, 118.05 feet;
S 47051'49"E, 153.10 feet,to the beginning of a curve to the right;
With said curve to the right,an arc distance of 148.07 feet,through a central angle of 32°53'42",
having a radius of 257.91 feet,the long chord which bears S 31°24'58"E, 146.05 feet;
S 14058'07"E,46.50 feet;
S 75'01'53"W, 117.91 feet;
N 14058'07"W,46.50 feet,to the beginning of a curve to the left;
With said curve to the left,an are distance of 80.38 feet,through a central angle of 32053'42",
having a radius of 140.00 feet,the long chord which bears N 31°24'58"W,79.28 feet;
THENCE N 47051'49"W, 158.81 feet,to the Point of Beginning and containing 37,340 square feet or
0.8572 acres of land more or less.
"Integral parts of this document"
I.Description
2.Exhibit
Peloton Job No.BMC17001 Tracking No.Rev 1
Ft.Worth January 09,2023
G:\JOB\BMC17001_Cromwell_MC_Rd\Master Dev\_Survey\Easements\Legals\BMC17001_EA6.docx Page I of 2
y
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Zone 4202, NAD 83
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"Integralports of this document"
1. Description
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2. Exhibit P• P �� . \2�
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Point of
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Commencing oar
oJI Cromwell-Marine Creek Road
n iu Variable Width ROW
aLF—-—-—-—-—-—-—-—-—-—-—-—-—-—- -—
J',r------58937'---- —.—.—.—.—.—.—.1994.00'
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• 4940
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Exhibit of a
Drainage Easement
E LOTO N
e=i Situated in the J. Bowman Survey, Abstract Number 79
LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas. Parcel DE4
9W WORTHILLH,
OODTEXAS
PARKWAY,SUITE 250 JOB# BMC17001 DRAWN BY: TBR CHECKED BY: TAB DATE: 10/28/2021 PAGE#2 of 2
FORT WORTH,TEXAS 76177 PH.i{817-562-3350
G:\JOB\BMC 17001_Cromwell-MC_Ra\Master Oev\-Survey\Eosemen Is\BMC 17001-eaS.agn SMODELNAMES 1/9/2023 2:53:42 PM
Exhibit "D"
Parcel DE5
6100 BOWMAN ROBERTS RD
Fort Worth 76179
Description of a
Drainage Easement
BEING that certain tract of land situated in the J. Bowman Survey, Abstract Number 79, City of
Fort Worth,Tarrant County, Texas,being a portion of that tract of land described by deed to
Hayco Realty,LTD., recorded in Volume 14192,Page 644,County Records, Tarrant County,
Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a PK Nail found at the northeast corner of Huffines Boulevard(a variable
width right-of-way), as shown by plat recorded in Cabinet A, Slide 12800, said County Records,
the northwest corner of a right-of-way dedication tract as shown by plat recorded in Instrument
Number D217119504,said County Records, and being in the existing right-of-way of Cromwell-
Marine Creek Road (a variable width right-of-way);
THENCE S 89037'31"W, 1318.10 feet,to the north line of said Hayco Realty tract and the
south right-of-way line of said Cromwell-Marine Creek Road, from which the northwest corner
of said Hayco Realty tract and the intersection of said south right-of-way line and the east right-
of-way line of Bowman-Roberts Road(a called 50 foot right-of-way),bears S 89°37'31"W,
625.90 feet;
THENCE S 0003 1'18"E, 56.81 feet,departing said common line, to the POINT OF
BEGINNING;
THENCE S 00031'18"E, 93.70 feet;
THENCE S 74046'38"W, 65.83 feet;
THENCE N 2498'07"W, 120.97 feet;
THENCE N 8902842"E, 113.10 feet to the Point of Beginning and containing 9,227 square
feet or 0.2118 acres of land more or less.
"Integral parts of this document"
1.Description
2.Exbibit
Peloton Job No.BMCI7001 Tracking No.Rev I
Ft.Worth January 03,2023
G:\JOBWMC17001_Cromwell_MC_Rd\Master Dev\ Survey\Easements\Legals\BMC17001_EA7.docx Page 1 of 21
Basis of Bearing is the Texas Coordinate System N
P1 North Central Zone 4202, NAD 83
1n
ROW Right-of-Way
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GRAPHIC SCALE IN FEET
"Integral ports of this document"
Point of 1. Description
Approx. 2. Exhibit
—Survey line —_—Crom_well_-Marine — Commencing ------------
Creek Road
Variable Width ROW
_ _ S89'37'3!"W-—•—-—,_,_ S89'37'31"W 1318.10- —-—-
625.90,
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S00'3/I8'E ROW Dedication
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1 sstioa:.
Exhibit of a
Drainage Easement
P E LOTO N
'?q': Situated in the J. Bowman Survey, Abstract Number 79,
Cityof Fort Worth, Tarrant Count Texas.
IIII) LAND SOLUTIONS Y� ParceIDES
9800 HILLWOOD PARKWAY.SUITE 250 JOB#BMC17001 DRAWN BY: TBR CHECKED BY: TAB DATE: 10-29-21 PAGE#2 of 2
FORT WORTH,TEXAS 76177 PH.N 817.562-3350
G:\JOB\BlAC17001-cromwell_MC_Rd\Master Dev\_Survey\Eosemenls\B1.1C17001_eo7.dgn Default 1/3/2023 3:06:50 PM
Exhibit tEtt
Parcel DE6
6100 BOWMAN ROBERTS RD
Fort Worth 76179
Description of a
Drainage Easement
BEING a tract of land situated in the J.Bowman Survey,Abstract Number 79,City of Fort Worth,
Tarrant County,Texas,being a portion of that tract of land described by deed to Hayco Realty LTD
recorded in Volume 14192,Page 644,County Records,Tarrant County,Texas,and being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with plastic cap stamped"MYCOSKIE"found at the south end
of a circular corner clip at the intersection of the south right-of-way line of Cromwell Marine Creek Road
(a variable width right-of-way)and the east right-of-way line of Huffines Boulevard(a variable width
right-of-way),being the most westerly northwest corner of Lot 1, Block J, Marine Creek Ranch, an
addition to the City of Fort Worth,Tarrant County,Texas,recorded in Instrument Number D217119504,
said County Records;
THENCE S 79054'48"W, 93.40 feet,departing said right-of-way line to the west right-of-way line of
said Huffines Boulevard,being the east line of said Hayco Realty tract,the POINT OF BEGINNING;
THENCE S 00008'34"E, 208.86 feet,with said east line and said west right-of-way line, to the beginning
of a curve to the left, from which a 5/8 inch iron rod with plastic cap stamped"MMA"bears
N 69°04'12"E, 98.40 feet;
THENCE continuing with said common line and said curve to the left, an are distance of 232.85 feet,
through a central angle of 11'36'04", having a radius of 1150.00 feet, the long chord which bears
S 05°56'36"E,232.45 feet;
THENCE departing said common line over and across said Hayco Realty tract the following courses and
distances:
S 77002'50"W, 84.78 feet;
N 12.58'15"W, 93.92 feet, to the beginning of a curve to the right;
With said curve to the right, an arc distance of 179.11 feet,through a central angle of 12°49'41",
having a radius of 800.00 feet,the long chord which bears N 06°33'24"W, 178.74 feet;
N 00008'34"W, 212.30 feet;
N 89°41'35"E, 76.86 feet;
THENCE S 45034'19"E, 32.48 feet to the Point of Beginning and containing 45,407 square feet or
1.0424 acres of land more or less.
"Integral parts of this document"
1.Description
2.Exhibit
Peloton Job No.BMC17001 Tracking No.Rev 1
FTW January 09,2023
G:UOB\BMC17001 CROMWELL MC RD\MASTER DEV\ SURVEY\EASEMENTS\LEGALS\BMC17001 EA8.DOCX Pagel of2
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CR.T.C.T. \ 17 I I8X(A Z..,k
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„ W E \ I Lot IR,Block 17
14 15X I 16 \ / I Martne Creek H111s
Phase 1,Sectlon I
m I I 1nst,0 D220338995
C.R.T.C.T.
0 0 100 200
ZA
Cromwell Marine Creek Road
0
GRAPHIC SCALE IN FEET ----AvoRox. yuRVEY LINE ---- (a variable width right-of-way)
--
"Integral parts of this document" .•—.—.—.—.—.—-—-—-— p
1.Description I
2.Exhibit
N890 41'35"E I S450 34'19"E
------ Future Right -of 76.86' Ix 32.48'
Basis of Bearing is the -- cJ4'4B"W IRF Point of
Texas Coordinate System S�5,
North CentrolZone 4202, pry g3.40 Commencing
NAD 83
N Point of
IRF - Iron Rod Found N co
o Beginning
N C N
J ° 160 w M P 1 9 LL1 I Lot 1,Block J
00 - I Morine Creek Ranch
P� O rq I Inst., D217119504
°O C.R.T,C.T.
60
O O I
z 1.0424 Acres O 1RF
co
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Ha Realty LTD o — — — —
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C.R.T.C.T. N g$'
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I x I Block EE
A = 120 49'41" 1 24
R = 800.00'
L = 179.11' A = 110 36'04"
LC= N060 33'24"W R = 1150.00' Morine Creek Ranch
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Exhibit of
Hit: Drainage Easement
'111
::: P E LOTO N Situated in the J. Bowman Survey, Abstract Number 79,
ILAND SOLUTIONS City of Fort Worth, Tarrant County, Texas. Parcel DE6
9W WORTH.
OODTEXAS
PARKWAY,BUTTE 250 JOB#BMC17001 DRAWN BY: D.Freeman CHECKED BY:T.Bridges DATE: 10-28-21 PAGE#2 of 2
- FORT WORTH,TEXA576177 PH.#817-662-3350 g
G:\JOB\BMC17001-Cromwell-MC-Rd\lAosler Dev\-Survey\Easements\SMC17001_e°8.dgn SMODELNAMES 1/9/2023 2:54:11 PM
Exhibit T"
Parcel TCE2
6100 BOWMAN ROBERTS RD
Fort Worth 76179
Description of a
Temporary Construction Easement
BEING that certain tract of land situated in the J. Bowman Survey, Abstract Number 79, City of
Fort Worth, Tarrant County, Texas,being a portion of that tract of land described by deed to
Hayco Realty, LTD., recorded in Volume 14192, Page 644, County Records, Tarrant County,
Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a PK Nail found at the northeast corner of Huffines Boulevard(a variable
width right-of-way), as shown by plat recorded in Cabinet A, Slide 12800, said County Records,
the northwest corner of a right-of-way dedication tract as shown by plat recorded in Instrument
Number D217119504,said County Records, and being in the existing right-of-way of Cromwell-
Marine Creek Road(a variable width right-of-way);
THENCE S 89037'38"W, 1944.00 feet, to the northwest corner of said Hayco Realty tract and
the intersection of the south right-of-way line of said Cromwell-Marine Creek Road and the east
right-of-way line of Bowman-Roberts Road(a called 50 foot right-of-way);
THENCE S 00017'21"W, 413.45 feet, with said east right-of-way line and the west line of said
Hayco Realty tract, to the POINT OF BEGINNING;
THENCE S 89034'05"E, 7.34 feet, departing said common line;
THENCE N 00025'55"E, 190.89 feet;
THENCE N 46017'05"E, 27.87 feet;
THENCE S 00025'56"W, 171.57 feet;
THENCE S 15021'56"W, 105.51 feet, returning to said common line;
THENCE N 00018'00"E, 63.21 feet to the Point of Beginning and containing 4,349 square feet
or 0.0998 acres of land more or less.
"Integral Parts of this Document"
1. Description
2. Exhibit
Peloton Job No.BMC17001 Tracking No. Rev I
Ft.Worth January 09,2023
G:VOB\BMC17001_Cromwell_MC_Rd\M aster Dev\_Survey\Easements\Legals\BMCI7001_EA4.docx Page I of
m iV Basis of Bearing is the Texas
N Coordinate System North Central
Zone 4202, NAD 83
LINE TABLE
(A ZIN
W ROW - Right-of-Way
A L1 S89° 34'05"E 7.34'
L2 N0002555"E 190.89'
m
z C
J 0
0 0 100 200
0 GRAPHIC SCALE IN FEET
"Integralports of this document" Gjv�v�G
1. Description �,� Co
� 2
2. Exhibit P• �00 # 2�
c
v
P�
Point of
Commencing
Cromwell-Marine Creek Road •.
Variable Width ROW
�_ ___ Approx. Survey Lineof
__.
O
f� q �• S89'3--- .—.—.—.—.—.—. ........ .....
o N46 17 05 E
27. 87'
jo C3� ' O `n Future Right-of-Way — -- —
J P� o I �
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�• � I
P6� • > 0
u �
o ' I -' S00025' 56"W I �N I - 0o
31 1 71 •57' W �'� m vN(3
uI U rn 0
b �. .2 C I �•-in
Point of L 1 I � o Hayco Rea I ty LTD I � >a • M
Vol . 14192, Pg. 644 `� U
Beginning I O 3 C.R.T.C. T.
ko;, 1 — —
N00° 18'00"E o
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Exhibit of a
Temporary Construction Easement
L' P E LOTO N Situated in the J. Bowman Survey, Abstract Number 79
— � Cityof Fort Worth, Tarrant Count Texas.
III'I LAND SOLUTIONS Y� ParceITCE2
9W WORTH.HILLWOOD
PARKWAY,SUITE 250 JOB# BMC17001 DRAWN BY: TBR CHECKED BY: TAB DATE: 10/28/2021 PAGE# 2 of 2
r FORT WORTH•TEXAS PARKWAY,
PH.#817.562-3950
Ir` G:\J08\8MC17001-Cromwell-MC_Rd\Master Dev\-Survey\Eosemenls\BMC17001-eo4.dgn SMODELNAMES 1/9/2023 2:54:58 PM
It
Exhibit "G"
Parcel TCE13
6100 BOWMAN ROBERTS RD
FORT WORTH 76179
Description of a
Temporary Construction Easement
BEING that certain tract of land situated in the J. Bowman Survey, Abstract Number 79, City of
Fort Worth,Tarrant County,Texas,being a portion of that tract of land described by deed to
Hayco Realty, LTD., recorded in Volume 14192, Page 644, County Records, Tarrant County,
Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a PK Nail found at the northeast corner of Huffines Boulevard(a variable
width right-of-way), as shown by plat recorded in Cabinet A, Slide 12800, said County Records,
the northwest corner of a right-of-way dedication tract as shown by plat recorded in Instrument
Number D217119504, said County Records, and being in the existing right-of-way of Cromwell-
Marine Creek Road(a variable width right-of-way);
THENCE S 89037'31"W, 1318.10 feet, to the north line of said Hayco Realty tract and the
south right-of--way line of said Cromwell-Mal7ne Creek Road,from which the northwest corner
of said Hayco Realty tract and the intersection of said south right-of-way line and the east right-
of-way line of Bowman-Roberts Road (a called 50 foot right-of-way),bears S 89°37'31"W,
625.90 feet;
THENCE S 00031'18"E, 150.51 feet, departing said common line, to the POINT OF
BEGINNING;
THENCE S 2803236"E, 36.75 feet;
THENCE S 09041'43"E, 44.98 feet;
THENCE S 02006'45"E, 164.83 feet;
THENCE N 790 18'50"W,41.14 feet;
THENCE N 050 16'59"W, 117.96 feet;
THENCE N 20012'43"W, 50.19 feet;
THENCE N 26043'06"W,58.06 feet;
THENCE N 74046'38"E, 65.83 feet to the Point of Beginning and containing 12,028 square
feet or 0.2761 acres of land more or less.
"Integral parts of this document"
1.Description
2.Exhibit
Peloton Job No.BMC17001 Tracking No.N/A
FTW January 03,2023
G:J0B\BMC17001_CROMWELL_MC_RD\MASTER DEV\_SURVEY\EASEMENTS\LEGALS\BMC17001_EA2I.DOCX Page I of i
-i
Basis of Bearing is the Texas Coordinate System A° R06ERT5 SURVEY
r- North Central Zone 4202, NAD 83
ROW - Right-of-Woy Point of A06T ° " 1262
In Approx.
—Survey Line —_—Crom_well_-Marine Commencing -----------
Creek Road
A Variable Width ROW
c — _%�S89-37'31°W — — _ _- —.•��S89`37'3!"W f— 1318.10'
z 625.90 - — — .—.—.—.—.—.—
of
ROW Dedication
a 0 j j Inst.• D217119504
�I C.R.T.C.T.
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a j Future Right-of-Way j
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s Lo I 4 I �s
066,06, i 0 I x I
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Hoyco Realty LTD 0.2761 Acres �"'-
Vol. 14192, Pg, 644 �' I ROW Dedication
C.R.T.C.T. i F lnst.- D217119504
C.R.T.C.T.
N200 12 43 W
50° 19, 0 �
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GRAPHIC SCALE IN FEET 41. 14'
N "Integral ports of this document" N79 0 18'SO„w
1. Description Exhibit of a
2. Exhibit
Temporary Construction Easement
=mot P E LOTO N Situated in the J. Bowman Survey, Abstract Number 79,
LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas. Parcel TEC13
9800 HILLWOOD PARKWAY,Su1TE 250 JOB#BMC17001 1DRAWN BY: DLF CHECKED BY: TAB DATE: 11-28-22 PAGE#2 of 2
FORT WORTH TEXAS 76177 PH.N 817-662-3350
at\JOB\BMC 17001—Cromwell—MC—Rd\Master Dev\—Survey\Easements\8MC17001—eo2l.dgn Default 1/3/2023 3;09:24 PM
101012
Cromwell Marine Creek Road Widening Improvements
P11 Acquisition Map
Council District 2
t --------- -"''; awn. `! ;spec-��'Y1D:—.._�t_.Y` `_. :•�� �ter, —.ar�rr '--"`Z--� •.�.
e`. h 1 m • CROMWELL MARINE C114KRO D
���� �I ,. }1�� � F� •i. .�y 1 .t3t.� 'P �, Y�Ih >
i }• a '`�1 •�� , ' t•IrD HAYCO FEALTY LTD wF. �• �'' t xi.'� XtK lyt
VOL. 14192, PG. 644
'1 Y „I� '•, tit c C.R.T.C.T. It t .,,� �YX• f'; �.Y_L l
4 �r 6100 BOWMAN ROBERTS RD �
-•1 '• ". ','I FORT WORTH, TX = -t S�'•
PARCEL No. II
2.5350 AC
.. .. , _ - _,._�.iC� -�__.. _� u'�►.'�i'i. ._ ��.�,� ,.__.may.._, �c:
Parcel 11
N
2.5380 Acre Right-of-Way W E
S
0.0998 Acre Temporary Construction Easement -.1 '•, `: H:,,.z: , na..
(avTti,f 5.4fOMi
0.2040 Acre Public Drainage Easement 1 f.-
0.8572 Acre Public Drainage Easement 2
0.0574 Acre Public Drainage Easement 3
Z.
1.0424 Acre Public Drainage Easement 4
I f•,tf f.f, l
Sl�• V �..f ht'.Fla '.1
•C lT)a •_ .�.
= Subject Property = Project Site
*LOCATION OF BOUNDARY IS APPROXIMATE.
FORT WORTH
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 area.
FORT WORTH
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/14/23 M&C FILE NUMBER: M&C 23-0953
LOG NAME: 21CONDEMN 101012 P11 CROMWELL MARINE CREEK RD
SUBJECT
(CD 7) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 2.538 Acres in Right-of-Way-Easement and 2.3152 Acres in
Permanent Drainage Easement and 0.3759 Acres for Temporary Construction Easements from Improved Property Owned by Hayco Realty, LTD.,
Located at 6100 Bowman Roberts Road in the Joseph Bowman Survey,Abstract 79,Tract 1 AG in the City of Fort Worth,Tarrant County,Texas for
the Cromwell Marine Creek Road Widening Project(2018&2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 2.538 acres in right-of-way-easement and 2.3152 acres in
permanent drainage easement and 0.3759 acres for temporary construction easements from Improved property owned by Hayco Realty,
LTD., Located at 6100 Bowman Roberts Road in the Joseph Boman Survey,Abstract 79,Tract 1 AG in the City of Fort Worth,Tarrant
County,Texas,were unsuccessful due to the inability to reach a mutually agreed upon value for the property interest being acquired by the
City;
2. Declare the necessity to acquire the described property interest for the Cromwell Marine Creek Road Widening Project(City Project No.
101012);
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the
property owner;
5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement;and
6. Authorize the City Manager or his designee to accept and record the appropriate instruments.
DISCUSSION:
The property rights in the improved subject property are required to construct the Cromwell Marine Creek Road Widening Project(City Project No.
101012)from Boat Club Road(FM 1220)to Marine Creek Parkway in connection with the City of Fort Worth's Master Thoroughfare Plan.This
project consists of widening and reconstructing an existing two-lane asphalt roadway to a four-lane,divided,concrete urban arterial.The roadway
improvements include improved drainage collection and drainage crossings designed for a 100-year storm,street illumination,ten-foot shared-
use paths and traffic signal improvements along Cromwell Marine Creek Road.
An independent appraisal established fair market value for the permanent sewer and temporary construction property interests in the total amount
of$856,613.00. Negotiations were unsuccessful due to the inability to reach a mutually agreed upon value for the property interests being
acquired by the City.
Upon approval,a Special Commissioners'hearing will be brought to acquire the righ-of-way-easement and permanent sewer easement and
temporary construction easement on the property.
Improved Subject Property
Parcel Legal Description Acreage/Property Interest
No.
11- 2.538 ROWS 79BTract 1 AG�tA!Iasemecnt
s/Right-of--Way
11-DE3 J. Bowman Survey,Abstract 0.204 Acres/Permanent
79,Tract 1 AG Drainage Easement
11-DE4 J.Bowman Survey,Abstract 0.857 Acres/Permanent
79,Tract 1 AG Drainage Easement
11-DE5 J.Bowman Survey,Abstract 0.2118 Acres/Permanent
79,Tract 1 AG Drainage Easement
11-DE6 J. Bowman Survey,Abstract 1.0424 Acres/Permanent
79,Tract 1 AG Drainage Easement
11- J. Bowman Survey,Abstract 0.0998 Acres/Temporary
TCE12 79,Tract 1 AG Construction Easement
11 J. Bowman Survey,Abstract 0.2761 Acres/Temporary
TCE13 79 Tract 1 AG Construction Easement
Improved Subject Property _
Parcel Legal Description Acreage/Property Interest
No.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 2.538 acres in right-of-way-
easement,2.3152 acres in permanent drainage easement and 0.3759 acres for temporary construction easements from Improved property
owned by Hayco Realty, LTD. Located at 6100 Bowman Roberts Road in the Joseph Bowman Survey,Abstract 79,Tract 1 AG in the City of Fort
Worth,Tarrant County,Texas,to construct the Cromwell Marine Creek Road Widening Project(City Project No. 101012)from Boat Club Road(FM
1220)to Marine Creek Parkway in connection with the City of Fort Worth's Master Thoroughfare Plan.The land rights in the improved subject
property are needed fo widen the road from Boat Club Rd to Marine Creek Pkwy.The property interest to be acquired is described by metes and
bounds and depicted by survey exhibits attached to this Mayor and Council Communication."
This 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.
This project is also included in the 2022 Bond Program.The City's Extendable Commercial Paper Program(M&C 22-0607;Ordinance 25675-08-
2022)provides liquidity to support the appropriation.Available resources will be used to make any interim progress payments until debt is issued.
Once debt associated with a project is sold,debt proceeds will reimburse the interim financing source in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election(Ordinance 25515-05-2022).
Funding is budgeted in the 2018 and 2022 Bond Program Funds for the purpose of funding the Cromwell Marine Creek Road Widening 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/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget,as previously appropriated,in the 2018 and 2022 Bond
Program Funds for the Cromwell-Marine Creek 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 W. Dana Burghdoff 8018
Originating Business Unit Head: Ricardo Salazar 8379
Additional Information Contact: Jeremy Van Rite 2574