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Home My WebLink AboutResolution 5882-01-2024 A Resolution NO. 5882-01-2024 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 24-0084, ordered and decreed that a public necessity existed to acquire 0.17 acres in right-of-way easement from real property located at 8001 Heron Drive in the D.E. Norton Survey, Abstract #1174, 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 Las Vegas Trail (the "Project"); - the land rights in the Property are needed for roadway improvements including pavement reconstruction with curb and gutter,drainage improvements,street lights, and shared use paths. It also includes increasing the capacity of the culvert between Heron Drive and Shoreview Drive; - 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, Dunnagan Family Trust, were unsuccessful due the inability to negotiate agreeable terms for the property interest 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 Hill, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.17 acres in right-of-way easements from real property owned by Dunnagan Family Trust. The subject property is located at 8001 Heron Drive in the D.E. Norton Survey, Abstract #1174,Tarrant County, Texas. The land rights in the subject property are needed for the Las Vegas Trail Project, a public use that provides for roadway improvements including pavement reconstruction with curb and gutter, drainage improvements, street lights, and shared use paths. It also includes increasing the capacity of the culvert between Heron Drive and Shoreview Drive. 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 Nettles,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 23rd day of January, 2023. ATTEST: p 0000 Ay s 0 -00 00 134 0° By: 0 fl Jannette S. Goodall, City Secretary t�A �� 0 Exhibit"A" County: Tarrant Page 1 of 4 Highway:N.Las Vegas Trail(C.R. 1013) October 5,2022 STA.21+56.40 to STA.25+81.39 CCSJ: 0902-90-176 RCSJ: 0902-90-277 Description for Parcel P00067638 r BEING 7,475 square feet of land, in the D.E. Norton Survey, Abstract Number 1174, Tarrant County, Texas, being part of a tract of land described in deed to Dunnagan Family Trust, recorded in Instrument No. D223002164, of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), said 7,475 square feet [0.1716 Acres]of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with cap stamped "BHB INC." found (controlling monument) in the north line of said Dunnagan tract and being the southwest corner of a tract of land described as Lot 1, Block 1, Motorplace Addition, recorded in Instrument No. D219127601, Plat Records, Tarrant County, Texas (P.R.T.C.T.), being in the existing easterly right-of-way line of N. Las Vegas Trail(variable width right-of-way), also being 52.35 feet left of Station 25+79.33, and having a N.A.D. 83 (2011 Adjustment), Texas Coordinate System of 1983 North Central Zone (4202) surface coordinate of Northing 6,969,110.47 and Easting 2,286,280.08; 1) THENCE South 02 degrees 52 minutes 07 seconds West, departing the north line of said Dunnagan tract and the existing easterly right-of-way line of said N.Las Vegas Trail and along the new easterly right-of-way line of said N. Las Vegas Trail, a distance of 191.66 feet to a 1/2-inch iron rod with plastic cap stamped"PJB Surveying"set,being 57.94 feet right of Station 27+66.22; ** 2) THENCE South 44 degrees 54 minutes 32 seconds East, continuing with the new easterly right-of- way line of said N. Las Vegas Trail, a distance of 33.10 feet to a 1/2-inch iron rod with plastic cap stamped "PJB Surveying"set in the south line of said Dunnagan tract and the north line of a tract of land described in deed to the City of Fort Worth, recorded in Volume 548,Page 498, Deed Records, Tarrant County,Texas(D.R.T.C.T.), being 84.09 feet right of Station 27+85.87 and being at the point of curvature of a non-tangent curve to the right,having a radius of 420.00 feet and a central angle of 09 degrees 29 minutes 46 seconds; ** 3) THENCE with the south line of said Dunnagan tract and the north line of said City of Fort Worth tract,with said non-tangent curve to the right, an are distance of 69.61 feet(Chord Bearing North 89 degrees 48 minutes 52 seconds West—69.53 feet)to the southwest corner of said Dunnagan tract and the northwest corner of said City of Fort Worth tract, being in the existing easterly right-of way line of said N. Las Vegas Trail and being at the point of curvature of a non-tangent curve to the left, having a radius of 1,949.86 feet and a central angle of 06 degrees 22 minutes 59 seconds; 4) THENCE departing the south line of said Dunnagan tract and the north line of said City of Fort Worth tract and along the existing easterly right-of-way line of said N.Las Vegas Trail and said non- tangent curve to the left, an arc distance of 217.23 feet(Chord Bearing North 08 degrees 03 minutes 25 seconds East—217.11 feet)to the northwest corner of said Dunnagan tract; 5) THENCE South 89 degrees 14 minutes 09 seconds East, with the north line of said Dunnagan tract and the existing easterly right-of-way line of said N. Las Vegas Trail, a distance of 25.33 feet to the POINT OF BEGINNING and containing 7,475 square feet[0.1716 Acres] of land. Exhibit"A" _ - --- - - County: Tarrant Page 2 of 4 Highway:N. Las Vegas Trail(C.R. 1013) October 5,2022 STA.21+56.40 to STA.25+81.39 CCSJ: 0902-90-176 RCSJ: 0902-90-277 Description for Parcel P00067638 ** The monument described in this call, if destroyed or damaged during construction, may be replaced with a TxDOT Type II Right-of-Way Marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor,either employed or retained by TxDOT. Notes: 1.Abstracting completed between May 2021 and September 2022. 2.Field surveys were performed between May 2021 and September 2022. 3. The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202), TxDOT Virtual Reference System(VRS)RTK Network. 4. All coordinates and distances are US Survey Feet, displayed in surface values and may be converted to grid by dividing by the combined adjustment factor of 1.00012(TxDOT Tarrant County Scale Factor). 5. The Station and Offset information refers to the baseline described in the Project Schematic approved on XX/XX/20XX;Project Control-Section-Job: 0902-90-176. 6.A survey plat of even date accompanies this legal description. �TfTFrq PA: CK .J....B.A.LD.A.S.A:.R. O Patrick J.Baldasarot .P.L.S. Date Texas Registration 5504 .� 5504 Q 200 W.Belmont Dr., Suite D �qqo su v�row Allen,Texas 75013 Ph.972-649-6669 TBPELS FIRM NO. 10194303 EXISTING ROW ( o�on EXHIBIT "A" CURVE K15 CURVE K17 CURVE K19 PROPERTY LINE L _� PAGE 3 OF 4 DELTA-25'4834"(LT) DELTA-JOT 12'38'(RT) DELTA-09 /4'06(LT) O W ti m PROPOSED ROW ~magma R-420.00 R-260.52' R-824.57' PROPOSED EASEMENT L-189.19 L-137.37' L-132.9CT CB-N 82'01'44"E CB-N 84 09'42'E CB-S 85,IT SURVEY LINE 04'E_ ycl �N�n PROPOSED ACCESS DENIAL LINE v LC- 187.60' LC- 135.76 LC- 132.76' ICI � �� p ?° I- _, uA 7[° W f1 POINT OF COMMENCING P.O.C. c� I f� GEO GE » AZEL►I OD POINT OF BEGINNING 9H G 1lV W. {J�/ CONTROLLING MONUMENT PCOM.) THREE STICKS HOLDINGS. LLC pSURVEY INST. °.T.C.T. ABSTNCT NO. 727 SET 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED N "PJB SURVEYING" SET UNLESS OTHERWISE NOTED O +, n O.P.R.T.C.T. SET 5/8 INCH IRON ROD WITH 2 INCH ALUMINUM CAP LOT 1. BLOCK ! 0 I , o' STAMPED "TXDOT ACCESS GENIAL POINT" SET MOTORPLACE ADDITION MONUMENT FOUND (AS NOTED) • J I INST. °D219127601 P.R.T.C.T. II 0.P.R.T.C.T. OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS 5 89 14'09 E �•GRF D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS 25.33' sraUPEO P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS ( ; 8H8 INC. lC.U.1 APE H PPROX.CRY LIMITS APP X. URV UNE ___ WH?E SETTCEM£IT__ %vRF om.FND. N 89'29'23'W 496.02'`— —— APPROX.CRY UNITS rC•V•1 tc.41.J FORT WORTH S 0127'38'W ' I P.O.B. -POOW638 3.4T I N•6,969,I10.47 co CURVE PRW09 CURVE K/3 I E-2.286.280.08 CURVE AL 05 ( J �I I�� 25,79.33. 52.35'LT DELTA=09 29'45'(RT) DELTA-06 22'59'(LT) DELTA- 16.24'41'(RT1 R-420.00 R-1,949.86' D• 02.36'25' Ct P00067638 OUNNAGAN FAIILY TRUST L-69.61' L-217.23' R• 2,170.00' ~ o = 3 INST.D 23002164 CB-N 89 4B'S2'W CB-N 08 03'25'E �u o 7,475 SQ. FT. 0.P.R.T.C.T. LC- 69.53' LC- 2n.11' ! �' (0.1716 AC.1 T• 312.92' DCP 1300 NORTH (1 2 J N '� L- 621.55' JIM WRIGHT FREEEWAY, LLC 1 1 I-)Q I lu INST. •D220328698 _O Q O.P.R.T.C.T. I I o 57.94'LT E CURVE M7 S 60-,0O, Or LOT I. BLOCK 1 V O S 49 54'32'E 6g 0739 %•IRF FND �.N.1EXISTNG� E CURVE GOLD CREEK APARTMENTS ADDITION i N 49• �.�.1�— RO{y Kl9 INST. °D21700071 33./0 O/ __ I//RF FND. __ lKmj P.R.r.C.r. f' Q PRWO9 CUF{✓E K15 EXis7iNG Ray I I I 2785.67 f 84.09'LT �° FORT WORTH ` O C� D.G• NORTON Pi 28.67.32 4I 'I VOL SURVEY R.t.0 T.498 /i�� A®STR,4CT NO. 1/14 CITY OF FORT WORTH 1 / VOL. 548. PG. 498 a I / D.R.T.C.T. OF PLAT OF SURVEY OF PARCEL P00067638 PATRICK J. BALDASARO /A FOR N. LAS VEGAS TRAIL 7, 475 SQ. FT. (0. 1 716 ACRES) 0 5504 TRACT OF LAND SS`°'o� IN D. E. NORTON SURVEY SCALE: 1"=100' ��iQ oP� ABSTRACT N0. 1174 50 0 25 50 100 1 TARRANT COUNTY, TEXAS (, /Z G j Potr i ck J. 66I dasaro, R.P.L.S. No. 5504 SCALE IN FEET 1� Toxar Dopartmont of Transportation PJ6 SURVEYING, LLC a=TaD"'' TBPELS FIRVNO. 10194303 EXHIBIT "A" PAGE 4 OF 4 NOT TO SCALE AREA TABLE (ACRES) EX/STING ACOUISITIQV REMAINDER (CALLED) (CALCULATED) 3.96/1 0.IT16 3.T895 P. (� o POOW658 Q � t �a P00067638 GENERAL NOTES: I.ABSTRACTING BETWEEN MAY 2021 AND SEPTEMBER 2022. "1 2.FIELD SURVEYS WERE PERFORMED BETWEEN MAY 2021 AND SEPTEMBER 2022. 3.THE BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM OF 1983, m 1 EXT'ST/NC ROW NORTH CENTRAL ZONE (4202), TXDOT VIRTUAL REFERENCE SYSTEM Q ) (VRS) RTK NETWORK. _ HURON ROAD 4.ALL COORDINATES AND DISTANCES ARE US SURVEY FEET, DISPLAYEDIVIDINGDBYNTHERFACE COMBINEDUES AND MAY BE ADJUSTTMENT FACTOR OFED TO1.00012RID BY (5p'RIGHT pR WAY) (TxDOT TARRANT COUNTY SCALE FACTOR). 5.THE STATION AND OFFSET INFORMATION REFERS TO THE BASELINE DESCRIBED IN THE PROJECT SCHEMATIC APPROVED ON XX/XX/20XX; PROJECT CONTROL-SECTION-JOB: 0902-90-IT6. 6.A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS SURVEY PLAT. 7.VOLUME & PAGES AND INSTRUMENT NUMBERS SHOWN HEREON ARE REFERENCED TO THE TARRANT COUNTY CLERK'S RECORDS. PARENT TRACT INSET EXISTING ROW OF PROPERTY LINE -- �— �P'G�ST, R PROPOSED ROW :•�� FQ. PROPOSED EASEMENT ® ®e A PLAT OF SURVEY OF :........................... ... SURVEY LINE — — PARCEL P00067638 PATRICK J. BALDASARO ...............................:... PROPOSED ACCESS DENIAL LINE 11h -lU FOR N. LAS VEGAS TRAIL =� POINT OF COMMENCING 'p 5504 P POINT OF BEGINNING p:p:6: A 7, 4 75 SQ. F T. �0. 1 71 6 ACRES) 0FE `p�''� CONTROLLING MONUMENT (C•M.) TRACT OF LAND AND E. �o SPJBISURVEYINGROSET UNLESS OTHERWISEANOTEDMPED Q S U RV IN D. E. NORTON SURVEY SET 5/8 INCH IRON ROD WITH 2 INCH ALUMINUM CAP p ABSTRACT i NO. 1 1 7 4 STAMPED "TXDOT ACCESS DENIAL POINT" SET MONUMENT FOUND (AS NOTED) ® TARRANT COUNTY, TEXAS ( ', j� ��f c.l '!Z'�•� 0.P.R.T.C.T. OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS T.CI RECORDS TARRANT YTEXAS oxas Dep® T ofTronsporofion Patrick J. 901 dOsdrO, R.P.L.5. No. 5504 P.R.T.C.T. DEED RECORDS" TARRANT COUNT ; TEXAS 'JMDr PJB SURVEYI-NG, LLC TBPELS FIRM NO. 10194303 CPN 103085 �N� Las Vegas Trail- 8001 Heron Drive P38 Condemnation Map WW. Council District 7 s -� FM� <k �` � _ ---� .ta 1-- � _yam• ��t•� �.. k i,nn� v:t. �f�7' / � y' -1-• 1- ..,i' v •e 1 0 e 0 `� a `I�l. yi. e+ t.• �f" -t � I CIE,6_1 6 11 1 T — I_ 1 : A� J " *Location of Boundary is ��\ Saginaw Watauga Approximate Fort Worth i I Nature Centel = No?th Refuge Melody Hill Richland Hills'•,,` P38-ROW1 = 0.17 Acres Lakeside' __- 73(7-� ® Lake Worth /, �1 Richland Hills, Total ROW = 0.17 Acres Haltom City Fort Worth Stockyards SOUTH IeuF - 121 WOR,* �.. �� CARTER River Oaks s� ' RIVERSIDE' r7, White 'I Settlement Fort,Worthit 183 I MEADOWBROOK I CHAPELCREEi-----_;,_._.___ =Fort Worth Zoo � 11 C fR bGLEA HILLS = 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 City of Fort Worth, Texas Mayor and Council Communication DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0084 LOG NAME: 21CONDEMN 103085 P38 LAS VEGAS TRAIL DUNNAGAN FAMILY TRUST SUBJECT (CD 7)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.17 Acres in Right-of-Way-Easement from Property Owned by Dunnagan Family Trust,Dunnagan Management,LLC,Trustee,Located at 8001 Heron Drive in the D.E.Norton Survey,Abstract 1174,in the City of Fort Worth,Tarrant County,Texas for the Las Vegas Trail Street Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the property owner to acquire 0.17 acres in right-of-way-easement from property owned by Dunnagan Family Trust,Dunnagan Management,LLC,Trustee,Located at 8001 Heron Drive in the D.E.Norton Survey,Abstract 1174,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 Las Vegas Trail Project(City Project No. 103085); 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 subject property are needed for the reconstruction and widening of the North Las Vegas Trail from Frontage Rd 1820 to Quebec Dr(City Project No. 103085). This project consists of widening and reconstructing approximately 0.5 miles of the existing two-lane asphalt roadway to a four-lane divided concrete thoroughfare. The roadway improvements include pavement reconstruction with curb and gutter, drainage improvements,street lights,and shared used paths. It also includes increasing the capacity of the culvert between Heron Drive and Shoreview Drive. An independent appraisal established the property's fair market value for the right-of-way property interest in the total amount of$21,304.00. 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 condemnation action will be brought and a Special Commissoner's hearing held to acquire the right-of-way easement interest on the property. Parcel I Legal Description I Acreage/Property Interest No. 38- 1 D.E.Norton Surv=Abstract0.17 Acres/Right-of-Way ROWS #1174Easement o 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 0.17 acres in right-of-way easements from real property owned by Dunnagan Family Trust.The subject property is located at 8001 Heron Drive in the D.E.Norton Survey, Abstract#1174,Tarrant County,Texas.The land rights in the subject property are needed for the Las Vegas Trail Project,a public use that provides for roadway improvements including pavement reconstruction with curb and gutter,drainage improvements,street lights,and shared use paths. It also includes increasing the capacity of the culvert between Heron Drive and Shoreview Drive.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 2007 Critical Capital Projects Fund for the purpose of funding the Las Vegas Trail 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 2007 Critical Capital Projects Fund for the Las Vegas Trail 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 Niels Brown 5166 Additional Information Contact: Austin DeGuire 2311 Shweta Rao 8022