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HomeMy WebLinkAboutResolution 5880-01-2024 A Resolution NO. 5880-01-2024 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 January 23, 2024 in M&C 24-0082, ordered and decreed that a public necessity existed to acquire 3.85 acres in right-of-way easements from real property located at 400-640 Avondale Haslet Road owned by Hall-Nance Ranches, LTD, 0.437 acres in right-of- way easement from real property located at 540 Avondale Haslet Road owned by Daniel Lewis Nance, and 3.364 acres in right-of-way easement from real property located at 900 Avondale Haslet Road owned by David E.Nance, all units of the properties being situated in the Bramlett&Ryan Survey, Abstract 227 and M.E.P. & P. RR. CO. Survey, Abstract 1132, City of Haslet, 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 Avondale Haslet Road project(the "Project"); i - the first record vote applies to all units of the properties to be condemned; - the land rights in the Property are needed for new road improvements; E - 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; the minutes of this Fort Worth City Council meeting reflect that the first vote applies to all of those units described herein; 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 owners, Hall-Nance Ranches,LTD,Daniel Lewis Nance,and David E.Nance,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 23rd day of January, 2024, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Blaylock, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 3.85 acres in right-of-way easements from real property owned by Hall-Nance Ranches, LTD, located at 400-640 Avondale Haslet Road; 0.437 acres in right-of-way easement from real property owned by Daniel Lewis Nance, located at 540 Avondale Haslet Road; and 3.364 acres in right-of-way easement from real property owned by David E. Nance, located at 900 Avondale Haslet Road. The subject properties are situated in the Bramlett& Ryan Survey, Abstract 227 and M.E.P. & P. RR. CO. Survey, Abstract 1132, City of Haslet, Tarrant County, Texas. The first record vote applies to all units of the properties to be condemned for the Avondale Haslet Road project, a public use that will reconstruct and widen Avondale Haslet Road from Willow Creek Drive to the eastern city limits of the City of Haslet at John Day Road. The land rights in the properties will be used for widening and reconstructing the existing two-lane asphalt roadway to a four-lane, divided, concrete urban arterial. The property interests to be condemned are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication and the minutes of this Fort Worth City Council meeting reflect that the first vote applies to all of those units described herein." i Seconded by Councilmember Beck,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. E Adopted this 23`d day of January, 2024. ATTEST: a on 000 �pCl By: U o o� Jannette S. Goodall City Secretary 00 p 00 O ! 0 000 ��4 EXHIBIT "A" June 19, 2023 CPN 101014 AVONDALE-HASLET ROAD PARCEL NO. 40 400-640 AVONDALE-HASLET ROAD, HASLET, TEXAS BRAMLETT & RYAN SURVEY,ABSTRACT NUMBER 227 TARRANT COUNTY Legal Description PARCEL 40,PART 1 RIGHT-OF-WAY EASEMENT BEING a 157,600 square feet or 3.618 acres tract of land situated in the Bramlett&Ryan Survey, Abstract Number 227 in the City of Haslet, Tarrant County, Texas and being part of a 131.0 acre tract of land described in a deed to the HALL-NANCE RANCHES,LTD.as recorded as Document Number D200240216 in the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.) and being more particularly described as follows: BEGINNING at a point for the southwesterly corner of said 131.0 acre tract and for the southeasterly corner of a 7.0 acres tract of land, called Tract II and described in a deed to David E. Nance as recorded as Document Number D196232880 in the O.P.R.T.C.T., and also being at or near the center of the Avondale-Haslet Road(60-foot right-of-way)and also being on the southerly line of said Bramlett & Ryan Survey and the northerly line of the M.E.P. & P. RR. Co. Survey, Abstract Number 1129, Tarrant County, Texas, said corner having coordinates of N: 7,037,293.907, E: 2,3130301.318, Grid; THENCE NORTH 00044132" WEST with the common line between said 131.0 acre tract and said of said 7.0 acre tract,for a distance of 57.42 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner in the Proposed northerly right-of-way line of said Avondale-Haslet Road; THENCE NORTH 89042'15" EAST, with said proposed northerly right-of-way line of Avondale-Haslet Road over and across said 131.0 acre tract, a distance of 1,806.61 feet to a 5/8- inch iron rod with a red cap stamped `CRIADO' set for corner in the westerly line of a 10.0 acre tract of land described in a deed to Daniel L.Nance as recorded as Document Number D206231643 in the O.P.R.T.C.T.; THENCE SOUTH 00026'22" EAST,with said westerly line, a distance of 35.60 feet to a %2 inch iron rod found for the southwest corner of said 10.0 acre tract; THENCE NORTH 89033'38" EAST,with the southerly line of said 10.0 acre tract, a distance of 543.11 feet to a 'I/2 inch iron rod with a yellow cap stamped "Steadham RPLS 4281" found for the southeast corner of said 10.0 acre tract; THENCE NORTH 00026'22" WEST, with the easterly line of said 10.0 acre tract of land, a PARCEL 40 Page 1 of 6 Project R14814.00 EXHIBIT "A" June 19, 2023 distance of 36.78 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner in the proposed northerly right-of-way line of Avondale-Haslet Road and also being in a curve to the left; THENCE Northeasterly with said proposed right-of-way and with said curve to the left through a central angle of 39°14'33", having a radius of 535.75 feet, a chord bearing of North 64°28'01" East, a chord distance of 359.81 feet, for an arc distance of 366.94 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set corner and for the point of tangency; THENCE NORTH 44049'02" EAST a distance of 110.94 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner in the most southeasterly line of said 131.0 acre tract and the westerly line of a 161.846 acre tract of land described as Tract 2 in a deed to the LETARA Development LLC. recorded as Document Number D219038309 in the O.P.R.T.C.T., and from a 5/8 inch iron rod found for northwesterly corner of said 161.846 acre tract bears North 00°39'25" West at a distance of 138.88 feet; THENCE SOUTH 00039'25" EAST, departing said Proposed Northerly Right-of-Way Line and with the common line between said 131.0 acre tract and said 161.846 acre tract and the easterly line of said M.E.P. & P. RR. Co. Survey and the westerly line of the C. Boyd Survey, Abstract Number 225, a distance of 159.42 feet to a point for corner on the Proposed Southerly Right-of- Way Line of Avondale-Haslet Road; THENCE SOUTH 57059'15" WEST, with said Proposed Southerly Right-of-Way Line of Avondale-Haslet Road and over and across said 131.0 acre tract, for a distance of 17.09 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner at the beginning of a curve to the right; THENCE continuing with said Proposed Southerly Right-of-Way Line and said curve to the right through a central angel of 19°26'25" and having a radius of 645.00 feet, a chord bearing of South 56°05'27" West, a chord distance of 217.80 feet for an arc distance of 218.85 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner on the southerly line of said 131.0 acre tract,the northerly line of said 430.20 acre tract and the southerly line of said M.E.P. &P. RR. Co. Survey and the northerly line of said Bramlett&Ryan Survey; THENCE SOUTH 89038'38" WEST,with or near the center of said Avondale-Haslet Road, said survey line and the common line between said 131.0 acre tract and said 430.20 acre tract for a distance of 2,558.43 feet to the POINT OF BEGINNING, containing 157,600 square feet or 3.618 acres of land. PARCEL 40 Page 2 of 6 Project R14814.00 EXHIBIT "A" June 19, 2023 PARCEL 40,PART 2 RIGHT-OF-WAY EASEMENT BEING an 10,094 square feet or 0.232 acre tract of land situated in the M.E.P. & P. RR. Co. Survey, Abstract Number 1132 in the City of Haslet, Tarrant County, Texas and being part of a 131.0 acre tract of land described in a deed to the HALL-NANCE RANCHES, LTD. as recorded as Document Number D200240216 in the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a 5/8" iron rod found for an inside ell corner of said 131.0 acre tract and for the northwesterly corner of a 161.846 acre tract of land described as Tract 2 in a deed to the LETARA Development LLC. recorded as Document Number D219038309 in the O.P.R.T.C.T.; THENCE NORTH 89042'11" EAST, with the common line between said 131.0 acre tract and said 161.846 acre tract and the survey line between said M.E.P. &P.RR. Co. Survey and northerly line of the C. Boyd Survey, Abstract Number 225, a distance of 193.14 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner in the Proposed Northerly Right-of-Way of Avondale-Haslet Road and for the POINT OF BEGINNING said corner being in a curve to the right; THENCE with the said Proposed Northerly Right-of-Way Line of Avondale-Haslet Road and over an across said 131.0 acre tract and with said curve to the right as follows: Northeasterly with said curve to the right through a central angle of 24°35'55", having a radius of 606.49 feet, a chord bearing of North 77°22'31"East, a chord distance of 258.38 feet, for an are distance of 260.38 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner; NORTH 00017'52" WEST for a distance of 5.00 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner; SOUTH 89020'23" EAST for a distance of 12.13 feet to a point for the northwesterly corner of a 2.3513 acre tract of land conveyed to The City of Haslet, Texas by a Donation Deed recorded as Document Number D2211277168 in the O.P.R.T.C.T.; THENCE SOUTH 00017'52" EAST, departing said Proposed Northerly Right-of-Way for a distance of 59.96 feet to a point for the southwesterly corner of said City tract and being on the common line between said 131.0 acre tract and 161.846 acre tract; THENCE SOUTH 89042'08" WEST, with said survey line and the common line between said 131.0 acre tract and said 161.846 acre tract, for a distance of 264.55 feet to the POINT OF BEGINNING, containing 10,094 square feet or 0.232 acres of land. Note: Surveyed on the ground September 2021. Map of Survey of even date attached herewith. PARCEL 40 Page 3 of 6 Project R14814.00 EXHIBIT "A" June 19, 2023 Bearings are based on Global Positioning Satellite(GPS) System observations using Western Data Systems Virtual Reference System(WDS VRS). Horizontal data is on the North American Datum of 1983 (NAD '83) (2011). Coordinates are on the Texas State Plane Coordinate System, North Central Zone (4202) with all distances adjusted to surface by a project combined scale factor of 1.00012. I hereby certify that this description represents an on-the-ground survey completed under my supervision in September 2021. OF 6/19/23 ...:•.... M6 EL B. BEARDEN MICHAEL B. BEARDEN DATE '<1:"""""""�:"" 4773 :r. Registered Professional Land Surveyor y .,FF��O•. O Texas Registration Number 4773 �� SUR F" PARCEL40 Project R14814.00 i PARCEL 40 Page 4 of 6 Project R14814.00 EXHIBIT "B" PARCEL 40, PART 1 NW CDR 103 AR r� Ld ccl A li AQS�4C yAN SUR —j HA 40 #22j Bey = <o © < C) �U 7 Zo .� HALL—NANCE RANCHES, LTD. a U � 1— ao Z�c3 r7�m DOC. # D200240216 ZIO,P.R.T.C.T. HALL-NANCE RANCHES, LTD. m N 8942'11' E DOC. #/)200240216 131.0 ACRES 193.14' a O.P.R.T.C.T. ,D M.E.P.&P.RR.CO. 131.0 ACRES s'O .O DANIE+L L NANCE, �.C, •B <a 40 RIGHT—OF—WAY EASEMENT DOD 6RTCgT31813 ,• �q PARCEL 1, PART 1 10.0 ACRES N 038885^ w rl 157,600 SQ.FT. 1RSC 3.618 ACRES " BOYD SURVEY, A-22! :\ G L1 L2 IRSC • 1RSC • 'j 1RSC Y 0' RIGHT-OF-WAY SURVEY LINE BRAMLETT&RYAN SURVEY • PIPELINE EASEMENT CENTERLINE AVONDALE-HASLET ROAD 60' R.O.W. M.E.P.&P. RR. CO.SURVEY ENTERPRISE TEXAS L9 1/2' IRFC-YELLOW PN �'$ PIPELINE, L.L.C. STEADHAM RPLS O INT.#D209283601 O.P.R.T.C.T. 4281) CURVE ARC LENGTH RADIUS IDELTA ANGLE CHORD BEARING CHORD LENGTH C1 366.94 535.75 39'14 33 N 64'28 01 E 359.81 w in C2 218.85 645.00 19'26 25 S 56'05'27 W 217.80' z 's J R° LINE BEARING DISTANCE _ J L1 N 00'44 32 W 57.42 L2 N 89'4215 E 1806.61 Q DO 9 L3 S 00'26 22 E 35.60 0 0 6 LE TARA PHASE THREE ADDITION L4 N 89'33'38" E 543.11' L5 N 00'26'22" W 36.78' OF cn cn DOCUMENT #D221328305 c: c O.P.R.T.C.T. L6 N 44 49 02 E 110.94 F < 11 Os 2021 L7 S 00'39'25" E 159.42' :�, �a.y { Q L8 S 57'59'15" IN 17.09' L9 S 89'38 38 W 2558.43 MICHAEL B. BEARDEN � Co TRACT 2 LETARA DEVELOPMENT 9LLC , ............. :L1 INST. N0. D219038309, / 0 P.R.T.C.T. `9ESS\O��.O� n CALLED 161.846 ACRE TRACT TRACT 2 1021 AVONDALE—HASLET ROAD SUR HALL—NANCE RANCHES LTD 6/1 912 3 `O VOL. 9426 PG. 564 D.R.T.C.T. l„`� 430.20 ACRES 11/07/1988 LEGEND R.O.W. = RIGHT—OF—WAY IRSC = 5/8 INCH IRON ROD SET WITH CRIADO CAP 0 500' 1000' P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRF = IRON ROD FOUND SCALE: 1 INCH =500 FEET PAGE 5 of 6 AVONDALE-HASLET ROAD TO BE ACQUIRED IN 4100 SPRING VALLEY RD., STE.1010 CITY OF HASLET CRIADO DALLA Texas F5m NUMBER 10163300 9092 COLEMAN SURVEY, ABSTRACT NUMBER 212 TARRANT COUNTY, TEXAS DRAWN BY DATE REVISED SCALE PROJECT# MB 04/29/2022 06/19/2023Fl" = 500' R14814.00 CPN 101014, PARCEL 40, PART 1 EXHIBIT "B" PARCEL 40, PART 2 HALL—NANCE RANCHES, LTD. DOC, # D200240216 w O.P.R.T.C.T. z 131.0 ACRES J � M N t2 400 AVONDALE—HASLET ROAD = Qa Imo— 40 PERMANENT DRAINAGE EASEMENT '� W z CITY OF HASLET, TEXAS c�1 U) w 2.5199 ACRES zz o 09/22/2021 w�; O.P.R.T.C.T. a1 3 a N DONATION DEED U-o o CITY OF HASLET, TEXAS f 0 d DOC. NO. D221277168, d N 00'1T52" W 2.3513 ACRES ` 5.00' O.P.R.T.C.T. iR 60 38' S 89'20'23" E F,60 6'A 55" 12.13' 35'31 E M.E.P.&P. RR. CO. SURVEY L BN D C258'38 i�sc�� SG S O'17'5ZE �e N 89*42'11" ESOP S 89'42'08" W 59.96' 9„ 193.14' 264.55' AVONDALE/HASLET ROAD (60' RIGHT-OF-WAY) N 00'39'25" W 138.88' �y�OppOmON BLOCK 1 o Ng5 8 7 6 5 4 3 12 11 13 14 WINDCHASE DRIVE(50' R.O.W.) 15 16 39 LE TARA PHASE THREE ADDITION DOCUMENT #D221328305 O.P.R.T.C.T. Jay OF 11/09/2021 ��� PIPELINE EASEMENT Q -f9 ENTERPRISE TEXAS �`' '• PIPELINE, L.L.C. : O ... ........... ..•.... DOC6.P.209 83601 G. MICHAEL B. BEARDEN TRACT 2 ........................ . "' LETARA DEVELOPMENT LLC ..� 4773 �P. DOC. NO. D219038309, 9,y•'�fSS��'-�� 0.P.R.T.C.T. SUR 6/19/23 CALLED 161.846 ACRE TRACT LEGEND 0 200' 400' R.O.W. = RIGHT—OF—WAY IRSC = 5/8 INCH IRON ROD SET WITH CRIADO CAP P.O.C. = POINT OF COMMENCING SCALE: 1 INCH = 200 FEET P.O.B. = POINT OF BEGINNING AVONDALE-HASLET ROAD PAGE 6 of 6 IRF = IRON ROD FOUND TO BE ACQUIRED IN 4100 SPRING VALLEY RD., STE.1010 CITY OF HASLET CRIADO DALL Texas F5m4No. 10163300 9092 M.E.P. & P. SURVEY, ABSTRACTT NUMBER 1132 TARRANT COUNTY, TEXAS DRAWN BY DATE REVISED SCALE PROJECT# MB 04/26/2022 06/19/2023 1" = 200' R14814.00 CPN 101014, PARCEL 40, PART 2 EXHIBIT "A" June 14, 2023 CPN 101014 AVONDALE-HASLET ROAD PARCEL NO. 42 540 AVONDALE HASLET RD., FORT WORTH,TX BRAMLETT AND RYAN SURVEY,ABSTRACT 227 TARRANT COUNTY Legal Description Parcel 42 RIGHT-OF-WAY EASEMENT BEING a tract of land out of the Bramlett and Ryan Survey, Abstract Number 227, in the City of Haslet, Tarrant County, Texas and being a portion of a tract of land described in deed to Daniel Lewis Nance, as recorded under Document Number 206231643 (hereinafter referred to as "Nance Tract") of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.) and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found with yellow cap stamped"STEADHAM RPLS 4281" for the southeast corner of said Nance Tract, having grid coordinates of N: 7,037,329.208 1 E: 2,315,650.247; THENCE South 89 degrees 33 minutes 38 seconds West, with south line of said Nance Tract a distance of 543.11 feet to a 1/2 inch iron rod found for the southwest corner thereof; THENCE North 00 degrees 26 minutes 22 seconds West,with the west line of said Nance Tract, a distance of 35.60 feet to a 5/8 inch iron rod with red plastic cap stamped "CRIADO" set (hereinafter referred to as "capped iron rod set") in the west line thereof; THENCE North 89 degrees 42 minutes 15 seconds East, over and across said Nance Tract, a distance of 491.02 feet to a capped iron rod set at the beginning of a tangent curve to the left, having a radius of 535.00 feet, with a delta angle of 05 degrees 35 minutes 14 seconds, whose chord bears North 86 degrees 54 minutes 38 seconds East, a distance of 52.15 feet; THENCE Along said tangent curve to the left, continuing over and across said Nance Tract, an are length of 52.17 feet to a capped iron rod set in the east line thereof; THENCE South 00 degrees 26 minutes 22 seconds East, with the east line of said Nance Tract, a distance of 36.78 feet to the POINT OF BEGINNING, and containing 0.437 acres (19,041 square feet) of land, more or less. Page 1 of 3 Project R14814.00 EXHIBIT "A" June 14, 2023 Note: Surveyed on the ground September 2021. Map of Survey of even date attached herewith. Bearings are based on Global Positioning Satellite(GPS) System observations using Western Data Systems Virtual Reference System (WDS VRS). Horizontal data is on the North American Datum of 1983 (NAD `83) (2011). Coordinates are on the Texas State Plane Coordinate System, North Central Zone (4202) with all distances adjusted to surface by a project combined scale factor of 1.00012. Note: This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting this property not shown hereon. Note: Unless otherwise noted, all corners are monumented with a 5/8-inch iron rod with a red cap stamped"Criado". OF `/"'--•---- June 14, 2023 Robert I Coleman, RPLS#6826 Date Registered Professional Land Surveyor ROBERT I. COLEMAN State of Texas ` °NF6826 �p' SUR Criado and Associates, Inc TBPLS Firm Registration No. 10163300 4100 Spring Valley Road,Suite 1001 Dallas,Texas 75244 Page 2 of 3 Project R14814.00 EXHIBIT "B" N BRAMLETT & RYAN SURVEY N ABSTRACT #227 HALL—NANCE RANCHES, LTD. I Q DOC. # D200240216 Q 0,P.R.T.C.T. 131.0 ACRES W W OF (0 L.COLEMAN DANIEL L. NANCE, Q O ROBERT I. 682 s �; DOC. # D206231643 > U D.R.T.C.T. tip �' 10.0 ACRES CK SUR 06/14/2023 w � J n. Q � > m HALL-NANCE RANCHES, LTD. DOC. # D200240216 O,P.R.T.C.T. 131.0 ACRES i L=52.17', R=535.00' D=005'35'14" NOO'26'22"W N8654'38"E-52.15' SOO'26'22"E' s/8y 35.60' S/8„ ��� 36.78' BRAMLETT & RYAN SiR N89.42'15"E 491.02' s� SURVEY A-227 1/2,IRF 1P 2O IRFC-YELLOW IZ M.E.P. & P. RR. CO. 543.11'.33'3s"W RPLEADHAM 43 SURVEY A-1132 PROPOSED R.o.w. AVONDALE — HASLET ROAD PROPOSED R.0.W.� EASEMENT 0.437 ACRES APPROXIMATE 19,041 SQ.FT. SURVEY ABSTRACT LINE. LEGEND R.O.W. = RIGHT—OF—WAY IRSC = 5/8 INCH IRON ROD SET WITH CRIADO CAP P.O.C. = POINT OF COMMENCING 0 500' 1000' P.O.B. = POINT OF BEGINNING IRF = IRON ROD FOUND IRFC = IRON ROD FOUND WITH CAP SCALE: 1 INCH =500 FEET PAGE 3of 3 AVONDALE-HASLET ROAD TO BE ACQUIRED IN 4100 SPRING VALLEY RD., STE.1010 CITY OF HASLET CRIADO DALLA eas F5m4No. 10163300 9092 BRA BSTR AND RYAN SURVEY ABSTRACT NUMBER 227 TARRANT COUNTY,TEXAS DRAWN BY DATE REVISED SCALE PROJECT# MB 05/25/2023 06/14/2023 1" = 500' R14814.00 CPN 101014, PARCEL 42 EXHIBIT "A" April 15,2022 CPN 101014 AVONDALE-HASLET ROAD PARCEL NO.47 900 AVONDALE-HASLET ROAD,HASLET,TEXAS BRAMLETT & RYAN SURVEY,ABSTRACT NUMBER 227 TARRANT COUNTY Legal Description PARCEL 47 RIGHT-OF-WAY EASEMENT BEING a 146,531 square feet or 3.364 acres tract of land situated in the Bramlett&Ryan Survey, Abstract Number 227 in the City of Haslet, Tarrant County, Texas and being part of a 42.0 acre tract of land called Tract 1 and a 7.0 acre tract of land called Tract II as described in a deed to the DAVID E.NANCE as recorded as Document Number D 196232880 in the Official Public Records of Tarrant County,Texas (O.P.R.T.C.T.)and being more particularly described as follows: BEGINNING at a point for the southwesterly corner of said 42.0 acre and also being at or near the center of the Avondale-Haslet Road (60-foot right-of-way) and the easterly right-of-way line of Sendera Ranch Road(60-foot right-of-way) and also being on the southerly line of said Bramlett &Ryan Survey and the northerly line of the M.E.P. &P.RR. Co. Survey,Abstract Number 1129, Tarrant County, Texas, said coiner having coordinates of N: 7,037,282.668, E: 2,311,492.872, Grid; THENCE NORTH 00022123" WEST with the west line of said 42.0 acre tract and the east right- of-way line of said Sendera Ranch Road, for a distance of 190.00 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for confer in the Proposed northerly right-of-way line of said Avondale-Haslet Road; THENCE with said proposed northerly right-of-way line of Avondale-Haslet Road over and across said 42.0 acre tract and said 7.0 acre tract as follows: NORTH 89027124" EAST a distance of 101.55 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner; SOUTH 00032136" EAST a distance of 30.00 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner; NORTH 89027124" EAST a distance of 100.00 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner; SOUTH 00032136" EAST a distance of 79.00 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner; PARCEL 47 Pagel of 4 Project R14814.00 EXHIBIT "A" April 15, 2022 SOUTH 88015'09" EAST a distance of 50.04 feet to a 5/8-inch iron rod with a red cap stamped`CRIADO' set for a corner and at the beginning of a tangent curve to the right; Southeasterly with said curve to the right through a central angle of 3022'45" and having a radius of 1,557.50 feet, a chord bearing of South 88051'13" East, a chord distance of 91.85 feet, for an arc distance of 91.86 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for a corner; SOUTH 87009'50" EAST a distance of 115.09 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner and to the beginning of a tangent curve to the left; Southeasterly with said curve to the left through a central angle of 3122'45", and having a radius of 1,442.50 feet,a chord bearing of South 88°5l'13"East,a chord distance of 85.06 feet, for an arc distance of 85.08 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for a corner; NORTH 89027'24" EAST a distance of 285.05 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner at the beginning of a tangent curve to the right; Southeasterly with said curve to the right through a central angle of 13'15'41"and a radius of 169.50 feet, a chord bearing of South 83°54'45" East, a chord distance of 39.14 feet, for an arc distance of 39.23 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for a corner at the beginning of a tangent curve to the left; Southeasterly with said curve to the left through a central angle of 13115'41"and having a radius of 280.50 feet, a chord bearing of South 83154'45"East, a chord distance of 64.78 feet, for an arc distance of 64.92 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for a corner; NORTH 89035129" EAST a distance of 150.24 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner; NORTH 00017'45" WEST a distance of 70.00 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner; NORTH 89042'15" EAST a distance of 120.00 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner; SOUTH 00017145" EAST a distance of 70.00 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner; NORTH 89042'15" EAST, passing the east line of said 42.0 acre tract and the west line of said 7.0 acre tract at a distance of 332.34 feet and continuing on for a total distance of 606.15 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for corner in the easterly line of said 7.0 acre tract and the westerly line of a 131.0 acre tract of land described in a deed to the Hall-Nance Ranches, LTD. Recorded as Document Number D200240216, in the O.P.R.T.C.T.; PARCEL 47 Page 2 of 4 Project R14814.00 EXHIBIT "A" April 15, 2022 THENCE SOUTH 00044'32" EAST, with the common line between said 7.0 acre tract and said 131.0 acre tract and departing said proposed northerly right-of-way line, for a distance of 57.42 feet to a point for corner at or near the centerline of Avondale Haslet Road and being along the survey line of said Bramlett& Ryan Survey and M.E.P.&P. RR. Co. Survey; THENCE SOUTH 89038138" WEST, with or near the centerline of said Avondale-Haslet Road and said survey line, the south line of said 7.0 acre tract and said 42.0 acre tract, passing the southeasterly corner of said 42.0 acre tract and the southwesterly corner of said 7.0 acre tract at a distance of 273.77 feet and continuing on for a total distance for a distance of 1,808.70 feet to the POINT OF BEGINNING, containing 146,531 square feet or 3.364 acres of land. Note: Surveyed on the ground September 2021. Map of Survey of even date attached herewith. Bearings are based on Global Positioning Satellite(GPS) System observations using Western Data Systems Virtual Reference System (WDS VRS). Horizontal data is on the North American Datum of 1983 (NAD '83) (2011). Coordinates are on the Texas State Plane Coordinate System, North Central Zone(4202)with all distances adjusted to surface by a project combined scale factor of 1.00012. I hereby certify that this description represents an on-the-ground survey completed under my supervision in September 2021. OF 4/1S/ZZ . DEN MICHAEL B. BEARDEN MICHAEL B. BEARDEN DATE `. �4773o�P 0� Registered Professional Land Surveyor Texas Registration Number 4773 SUR PARCEL 47 Page 3 of 4 Project R14814.00 I EXHIBIT "B" LINE BEARING DISTANCE L1 N 00'22 23 W 190.00 ZZ"I L2 N 89'27 24 E 101.55 P� L3 S 00'32 36 E 30.00 SVR�� L4 N 89'27 24 E 100. 00 R�(PN L5 S 00'32 36 E 79.00 & 47 dd L6 S 88'15 09 E 50.04 RpM�� 0 J d L7 S 87'09 50 E 115.09 47 w 00 L8 N 89'27 24 E 285.05 000 vi� L9 N 89'35 29 E 150.24 DAVID E. NANCE z N c$rn =o W � UdF- L10. N 00'17 45 W 70.00 DOC. #D196232880 \ 04 a L11 N 89'4215 E 120.00 O.P.R.T.C.T. o �\ o L12 S 00'17 45 E 70.00 11/29/1996 0 uj L13 N 89'42 15 E 332.34 TRACT I ¢0�'- uxtk L14 N 89'42 15 E 273.81 42.0 ACRES 00 z on L15 S 00'44 32 OO E 57.42 S AVONpAI.IE-HASLET ROAD 0 z 0 L16 S 89'38 38 W 1808.70 J 0 CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH =w = Cl 91.86 1557.50 3'22 45 S 88'51 13 E 91.85 r X C2 85.08 1442,50 3'22 45 S 88'51 13 E 85.06 Uz a L.P. C3 39.23 169.50 13'15 41 S 83'54 45 E 39.14 0 40 L2 C4 64.92 280.50 13'15 41 S 83'54 45 E 64.78 r IRSC IRS 146,531 SQ.FT. IRSC L11 IRSC L4 RS 3.364 ACRES r--i 606.15 7RR5 L6 C1 L7 I SC C3- L9 N L13 L14 IRSC RIGHT�0 WAY EASEMENT C2 L16 IgSd C4 RSC IRSC IRSC 273.77 SURVEY LIN P.O.B. q W IUOr�'C�M M1'M o a w ® �ae' © FELLOWSHIP OF THE PARKS g 00 yypWsnp a TW PAMM BAPTIST CHURCH P-112 r= F=- <00 MpE �1 0�u 7 ATa6 DOC. #D2100585550 3 VRV� Z N 0 00 N e �� 00 O.Pa t.r.O.T. O.P.R.T.C.T. � s o N z G s a c 0311I 17 CALLED 2.000 ACRES RR CQ 03/16/2010 $LP 5 o \ u raau "" P. �. 3 V90 �,110 FELLOWSHIP OF THE PARKS aa•�0' BAPTIST CHURCH TRACT 11 w�v►P DOC. #D210058552 1021 AVOWALE-HASLET ROAD O.P.R.T.C.T. HALL-NANCE RANCHES LTD CALLED 3.000 ACRES VOL. 9426 PG. 564 03/16/2010 D.R.T.C.T, 0 430.20 ACRES FELLOWSHIP OF THE PARKS 11/07/1988 ADDITION PLAT DOC. #D217059805 THE FELLOWSHIP OF THE PARKS O.P.R.T.C.T. BAPTIST CHURCH 03/17/2017 DOC. #D215167935 O.P.R.T.C.T. CALLED 2.00 ACRES 07/30/2015 LEGEND R.O.W. = RIGHT-OF-WAY IRSC = 5/8 INCH IRON ROD SET WITH CRIADO CAP 0 300' 600' P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING SCALE: 1 INCH = 300 FEET IRF = IRON ROD FOUND PAGE 4 of 4 AVONDAo BE -HASLETLE ROAD ACQUI IN 4100 SPRING VALLEY RD.,STE.1010 CITY OF HASLET CklAD0 DALLAS,TX 75244 972-392-9092 BRAMLETT&RYAN SURVEY, Texas Firm No. 10163300 ABSTRACT NUMBER 227 TARRANT COUNTY,TEXAS DRAWN BY DATE REVISED SCALE PROJECT# MB 04/15/2022 1" = 300' R14814.00 CPN 101014, PARCEL 47 101014 jar Avondale Haslet Road -Willow Creek Drive to Haslet City Limits Parcel 40 Condemnation Map w*- E Council District 10 S L c m a Parcel4 U) Pt. 1 & 2 Avondale Haslet Road •• � rr' :s t pip a' f r� 0 C L i *Location of Boundary is Approximate Roonlxe T Parcel 40 Pt. 1 = 3.618 Acres of Right-of-Way Easement l ° Parcel 40 Pt. 2 = 0.232 Acres of — n Keller Right-of-Way Easement IH 36 q, otauaa � snvtrr.�.; mrr.,tn,.ahn --- ,t i II North IH 820 Richland Hills = Project Site „v Haltom City Rl Jhlane Taus Sons.m Parh. 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. 101014 N Avondale Haslet Road -Willow Creek Drive to Haslet City Limits Parcel 42 Condemnation Map W+E Council District 10 S m Parcel 42 i a Avondale Haslet Road II O 4 u l Hog *Location of Boundary is Approximate R�o`xz T Parcel 42 = 0.437 Acres of _ C' Right-of-Way Easement L� o — (3 Keller IH 36 �R1 J ❑? ° � ntoudn s M�In.�„ oleo f.l,:unln I 1 — North IH 820 Richland i Hills = Project Site „v Haltom City Riu'l^^d Sonswn Park Wlls l_ I 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 suliable 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. 101014 Avondale Haslet Road -Willow Creek Drive to Haslet City Limits Parcel 47 Condemnation Map Wl: Council District 10 S a ' 00 L a Parcel 47 Avondale Haslet Road f1' N CU m l IX m 0 w + . p�" t • 1 t l *Location of Boundary is Approximate Rmndae T Parcel 47 = 3.364 Acres of t= Right-of-Way Easement Keller —Al"5 �l ?dj CD , Wn�n�na Blue Mcu d r -�1 -r- North IH 820 Rid "lid Hills = Project Site .wcnn Haltom City Ria,land 6anscm Park teas r' 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 sultable for legal,eng lneering,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 City of Fort Worth,Texas Mayor and Council Communication DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0082 LOG NAME: 21CONDEMN 101014 P40, P42, P47 HALL-NANCE RANCHES SUBJECT (CD 10)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire for the Avondale Haslet Road Project(2018 Bond Program) 3.85 Acres in Right-of-Way Easements from Real Property Owned by Hall-Nances Ranches, LTD, Located at 400-640 Avondale Haslet Road in the Bramlett&Ryan Survey,Abstract 227 and M.E.P.&P. RR.CO.Survey,Abstract 1132,City of Haslet,Tarrant County,Texas;0.437 Acres in Right-of-Way Easement from Real Property Owned by Daniel Lewis Nance, Located at 540 Avondale Haslet Road in the Bramlett&Ryan Survey, Abstract 227,City of Haslet,Tarrant County,Texas;and 3.364 Acres in Right-of-Way Easements from Real Property Owned by David E. Nance, Located at 900 Avondale Haslet Road in the Bramlett&Ryan Survey,Abstract 227,City of Haslet,Tarrant County,Texas(2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City of Fort Worth and the property owner, Hall-Nance Ranches, LTD,to acquire 3.85 acres in right-of- way easements from real property located at 400-640 Avondale Haslet Road in the Bramlett&Ryan Survey,Abstract 227 and M.E.P.&P. RR.CO.Survey,Abstract 1132,City of Haslet,Tarrant County,Texas,were unsuccessful due to the inability to negotiate agreeable terms for the property interests being acquired by the City; 2. Declare that negotiations between the City of Fort Worth and the property owner, Daniel Lewis Nance,to acquire 0.437 acres in right-of-way easement from real property located at 540 Avondale Haslet Road in the Bramlett&Ryan Survey,Abstract 227,City of Haslet,Tarrant County,Texas,were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City; 3. Declare that negotiations between the City of Fort Worth and the property owner, David E. Nance,to acquire 3.364 acres in right-of-way easement from real property located at 900 Avondale Haslet Road in the Bramlett&Ryan Survey,Abstract 227 and M.E.P.&P. RR.CO. Survey,Abstract 1132,City of Haslet,Tarrant County,Texas,were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City; 4. Declare the necessity to acquire the described property interests and the first record vote applies to all units of the properties to be condemned for the for the Avondale Haslet Road project(City Project No. 101014); 5. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the properties for public use and the minutes of this Fort Worth City Council meeting reflect that the first vote applies to all of those units described herein; 6. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interests from the property owners; 7. Authorize a payment pursuant to an award of commissioners or a negotiated settlement;and 8. Authorize the City Manager or his designee to accept and record the appropriate instruments. DISCUSSION: The land rights in the subject properties are needed for the reconstruction and widening of Avondale Haslet Road from Willow Creek Drive to the eastern city limits of the City of Haslet at John Day Road(City Project No.101014).This project consists of widening and reconstructing approximately 2.4 miles of the 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 at three intersections along Avondale Haslet Road. An independent appraisal established fair market value for the property interests(shown below)in the total amount of$931,823.00 for all units of the properties to be condemned. 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 right-of-way easement interests on the properties. Owner Parocel Legal Description Acreage/Property Interest Appraised Value Hall-Nance Ranches, Bramlett&Ryan Survey,Abstract 227,City of Haslet,Tarrant 3.618 Acres/Right-of-Way LTD 40 Part 1 County Easement $433,016.00 Hall-Nance nches,a 40 Part 2 M.E.P.&P.RR.CO. Tarrant Abstract t 1132,City of Haslet, 0.232 Acres /Right-of-Way LTD County Easem Daniel Lewis Nance �__42 Bramlett&Ryan Survey,Abstract 227,City of Haslet,Tarrant 0.437 Acres /Rit-of-Way� $195,348.00 i David E. Nance —�� 47 II Bramlett&Ryan Survey,Abstract 227,City of Haslet,Tarrant 3.364 Acres/Right-of-Way $303,459.00 1 J County „ Easement i 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 3.85 acres in right-of- way easements from real property owned by Hall-Nance Ranches, LTD, located at 400-640 Avondale Haslet Road;0.437 acres in right-of-way easement from real property owned by Daniel Lewis Nance,located at 540 Avondale Haslet Road;and 3.364 acres in right-of-way easement from real property owned by David E.Nance,located at 900 Avondale Haslet Road.The subject properties are situated in the Bramlett&Ryan Survey, Abstract 227 and M.E.P.&P.RR.CO.Survey,Abstract 1132,City of Haslet,Tarrant County,Texas.The first record vote applies to all units of the properties to be condemned for the Avondale Haslet Road project,a public use that will reconstruct and widen Avondale Haslet Road from Willow Creek Drive to the eastern city limits of the City of Haslet at John Day Road.The land rights in the properties will be used for widening and reconstructing the existing two-lane asphalt roadway to a four-lane,divided,concrete urban arterial.The property interests to be condemned are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication and the minutes of this Fort Worth City Council meeting reflect that the first vote applies to all of those units described herein." Funding is budgeted in the TPW Dept Highway&Streets Department's 2018 Bond Program Fund for the purpose of funding the Avondale Haslet Road project,as appropriated. This property is located in COUNCIL DISTRICT 10. 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 Bond Program Fund for the Avondale Haslet Road project to support approval of the above recommendations and acquisition of the described property interests.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 bv: Dana Burghdoff 8018 Originating Business Unit Head: Ricardo Salazar 8379 Additional Information Contact: Niels Brown 5166 Mitch Aiton 9424