HomeMy WebLinkAboutResolution 5883-01-2024 A Resolution
NO. 5883-01-2024
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 24-0085, ordered and
decreed that a public necessity existed to acquire 0.135 acres of land in right-of-way easements from real
property located at 6399 and 6398 Apalachee Trail in the Cheyenne Ridge Addition, an Addition to the
City of Fort Worth,Block I and J, Lot 1X, 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 WJ Boaz Road Widening Improvements project(the "Project");
the land rights in the Property are needed for roadway improvements including pavement
reconstruction with curb and gutter, drainage improvements, street lights, shared use paths and
reconstruction of the existing roundabout at Bowman Roberts Road;
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, Cheyenne
Ridge, Ltd., a Texas limited partnership, were unsuccessful due the inability to obtain clear title from the
rtnership, for the property interest being acquired by the property owner, a forfeited/dissolved limited pa
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 0.135 acres in right-of-way easements from real property owned by Cheyenne
Ridge, Ltd., a Texas limited partnership. The subject property is located at 6399 and 6398 Apalachee
Trail in the Cheyenne Ridge Addition, an Addition to the City of Fort Worth, Block I and J, Lot I X,
Tarrant County, Texas. The land rights in the subject property are needed for the WJ Boaz Road
Widening Improvements project, a public use that provides for roadway improvements including
pavement reconstruction with curb and gutter, drainage improvements, street lights, shared use paths and
reconstruction of the existing roundabout at Bowman Roberts Road. 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 Crain,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, 2024.
ATTEST: p0000'` ���
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Jannette S. Goodall, City Secretary °° °° E
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PARCEL NO. IO-ROW-1
RIGHT-OF-WAY EASEMENT
CITY PROJECT NO. 103299
W. J.BOAZ ROAD
A.ROBERTS SURVEY,ABSTRACT NO. 1262
CITY OF FORT WORTH
TARRANT COUNTY,TEXAS
EXHIBIT"A"
Being a 0.0284 acre tract of land situated in the A. Roberts Survey, Abstract No. 1262, Tarrant County,
Texas and being a portion of Lot 1X,Block J,Cheyenne Ridge,as recorded in Instrument No.D204209931,
Plat Records, Tarrant County,Texas, as described in deed to Cheyene Ridge Partners LTD, as recorded in
Volume 17226,Page 191,Deed Records,Tarrant County,Texas,and being more particularly described as
follows:
COMMENCING at found 1/2 inch iron rod,being in the existing north right-of-way line of W.J.Boaz Road
(having a variable width foot right-of-way)and being in the southwest corner of Lot 1,Block H,Lake Vista
Ranch, as recorded in Instrument No. D215169360, Plat Records, Tarrant County, Texas, and in the
southeast corner of Lot 3, Block H, Lake Vista Ranch, as recorded in Instrument No. D217037271, Plat
Records,Tarrant County,Texas;
THENCE South 11'40'28" West, a distance of 81.94 feet to the POINT OF BEGINNING, being in the
existing south right-of-way line of said W.J.Boaz Road and being in the northeast corner of Lot 1X,Block
1,Villages of Eagle Mountain, as recorded in Instrument No.D216223437,Plat Records,Tarrant County,
Texas, and the northwest corner of said Lot 1X,Block J,Cheyene Ridge;
THENCE North 89°41'34"East, along said existing south right-of-way line, a distance of 110.00 feet to a
point, also being the west line of Apalachee Trail(having a public 50 foot Right-of-Way);
THENCE South 00°12'22"West,continuing along the common line of said Lot 1X,Block J,and said west
line of Apalachee Trail, a distance of 15.00 feet to a set 1/2 inch iron rod with cap stamped "GRAHAM
ASSOC INC"(GAI);
THENCE North 85°28'31"West, leaving said common line a distance of 61.30 feet to a set 1/2 inch iron
rod with"GAI"cap;
THENCE South 89°41'07"West, a distance of 48.87 feet to a set 1/2 inch iron rod with"GAI"cap,being
in the common line of said Lot 1X, Block 1, Villages of Eagle Mountain and Lot 1X, Block J, Cheyene
Ridge;
THENCE North 00°12'22" East, along said common line, a distance of 9.84 feet to the POINT OF
BEGINNING and CONTAINING 1,240 square feet,0.0284 acres of land,more or less.
PAGE 1 OF 2
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. NO. D204209931, P.R.T.C.T.
00 YENE RIDGE PARTNERS LTD I W.J. BOAZ ROAD
17226, PG 191, D.R.T.C.T. (90' R.O.W.)
9 APALACHEE TR
19+00 •21+00 -- 0
mw POB SO' 12' 22"W
SURVEY LIE 41' 34"E 110.00' 15.00'
Q 9.84'-S89' 41' 07"W �N85' 28' 31"W
LOT 1X, BLOCK 1, VILLAGES OF EAGLE MI 48.87' 61.30' I �-- I FKH SFR PROPCO A LP
INST. NO. D216223437, P.R.T.C.T. 6348 APALACHEE TR.
LOT 28, BLOCK J CHEYENNE RIDGE W
VILLAGES OF EAGLE MOUNTAIN OWNERS INST. N0. D204209931 P.R.T.C.T. I I W o I BLOCK I, LOT 27
W o ASSOCIATION o_ INST. NO. D220207262
BRENDA HILL =
INST. NO. D217220067, D.R.T.C.T. o U o D.R.T.C.T.
U b I INST. N0. D215158287, D.R.T.C.T. + ,n
W �J�� 6349 APALACHEE TR. rn
I LOT 1, BLOCK 1SMIT
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I I 7324 WAVECREST WAY
LEGEND
FIR-FOUND 1/2 INCH IRON ROD W/CAP STAMPED 'STARK'
P.R.T.C.T.-PLAT RECORDS, TARRANT COUNTY, TEXAS
NOTE:*SET 1/2' I.R. W/GAI CAP D.R.T.C.T.-DEED RECORDS, TARRANT COUNTY, TEXAS
CM-CONTROLLING MONUMENT
THE BEARINGS SHOWN HEREON ARE BASED POB-POINT OF BEGINNING GRAPHIC SCALE 1"=50'
ON THE TEXAS COORDINATE SYSTEM (NAD83),
NORTH CENTRAL ZONE (4202).
SEE EXHIBIT "A" FOR DESCRIPTION OF SURVEY 0 50 00
oarWo�r CITY OF FORT WORTH �yIv
1000 THROCKMORTON STREET /FORT WORTH, TEXAS 76102
W.J. BOAZ ROAD Q) J�
VARIABLE WIDTH R.O.W. EASEMENTARCEL N .
TY PR JO NO 003299 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
WNER: CHEYENE RIDGE PARTNERS LTD. Qp�po��JO
[ATE:
RVEY: A. ROBERTS ABSTRACT NO. 1245 o`tp
QUISITION AREA: 1,240 SQUARE FEET OR 0.0284 ACRES
HOLE PROPERTY AREA: 1,650 SQUARE FEET OR 0.0379 ACRES
B NO. 830-1043 DRAWN BY: GAI DRAWING FILE: W.J. BOAZ ROAD / P10-ROW-1 N
6/27/2022 PAGE 2 OF 2 SCALE: 1' = 50' RPLS TEXAS NO, 5999
AHAM ASSOCIATES, INC. / 1300 SUMMIT AVE. SUITE 419, FORT WORTH, TX 76102 / 817-332-5756 FAX 817-336-6909
FILE mle J;\FORT WORTH\4l J 60V ROAD\CAD\PARCELS\PARCEL 10-RUN-LDVIG
PARCEL NO. 10-ROW-2
RIGHT-OF-WAY EASEMENT
CITY PROJECT NO. 103299
W.J.BOAZ ROAD
A.ROBERTS SURVEY,ABSTRACT NO. 1262
CITY OF FORT WORTH
TARRANT COUNTY,TEXAS
EXHIBIT "B-1"
Being a 0.1070 acre tract of land situated in the A. Roberts Survey,Abstract No. 1245, Tarrant County,Texas and
being a portion of Lot 1X, Block I, Cheyenne Ridge, as recorded in Instrument No. D204209931, Plat Records,
Tarrant County,Texas,as described in deed to Cheyene Ridge Partners,LTD.,as recorded in Volume 17226,Page
191,Deed Records,Tarrant County,Texas,and being more particularly described as follows:
BEGINNING at a found 1/2 inch iron rod with a cap stamped"RPLS #4023", being in the existing west right-of-
way line of Little Mohican Drive(having a 50 foot right-of-way),and being in the southeast corner of said Lot 1 X,
and in the northeast corner of Lot 1, Block I, Cheyenne Ridge, as recorded in Instrument No. D204209931, Plat
Records,Tarrant County,Texas;
THENCE South 89°41'34" West, along the south line of said Lot 1X and the north line of said Lot 1, being a
common line,a distance of 19.37 feet to a set 1/2 inch iron rod with cap stamped"GRAHAM ASSOC INC"(GAI);
THENCE North 84°24'22"West, leaving said common line,a distance of 50.85 feet to a set 1/2 inch iron rod with
"GAI"cap;
THENCE South 89°41'07"West,a distance of 347.98 feet to a set 1/2 inch iron rod with"GAI"cap;
THENCE South 78°50'50" West, a distance of 27.54 feet to a set 1/2 inch iron rod with"GAI" cap, being in the
existing east right-of-way line ofApalachee Trail(having a 50 foot right-of-way),and being in the southwest corner
of said Lot 1X,and in the northwest corner of Lot 27,of said Block I,Cheyenne Ridge;
THENCE North 009222"East,along the said existing east right-of-way and the west line of said Lot 1 X,being a
common line, a distance of 15.00 feet to a point in the existing south right-of-way line of W.J. Boaz Road(having
a variable foot right-of-way);
THENCE North 89°41'34"East, leaving said common line,and along the said existing south right-of-way and the
north line of said Lot 1 X,being a common line, a distance of 444.98 feet to a point in the said existing west right-
of-way line of Little Mohican Drive(having a 50' right-of-way), and being in the northeast corner of said Lot 1 X;
THENCE South 00°12'22" West, leaving said common line, and along the said existing west right right-of-way
line of Little Mohican Drive and the east line of said Lot 1 X,a distance of 15.00 feet to the POINT OF BEGINNING
and CONTAINING 4,661 square feet, 0.1070 acres of land,more or less.
Page 1 of 2
EXHIBIT "B-211
SITE
BOLLARD DRIVE—
(50 R.O.W.) VICINITY MAP
— — — —
M
W 3 o LOT 1 , BLOCK I, CHEYENNE RIDGE W �
0. Z . . , . . . T. 3± =o o CHEYENE RIDGE PARTNERS LTD ��� °'
U 0O °° VOL. 17226, PG 191, D.R.T.C.T.
6398 �ALACHEE TR. `v0�`
W
+00 21+00 0 22f00 2 •23+00 24+00 25+00 26+OOn 27+00
N 12' 22"E� I + W.J. IBOAZ ROAD"' SO' 12' 22"W
SURVEY LINE 15.00' _ N89' 41' 34"E 444.98' 90' R.O.W. 15.00'
LOT 1X, BLOCK J
BRENDA HILL fINST.
LOT 27 S89' 41' 07"W 3 . N84 24' 22"W POB
634s APALACHEE SFR PROPCO A LPIBLOCK J, LOT 28 50.85 > FIR (CM)
NO. D220207262STRU�IENT NO. D2151 7 0oD.R.T.C.T. + D.R.T.C.T. BLOCK I S89' 41 34'W o+ 13
0
2S778545'0' S0"W C�� � 19 3T'
RO , Z
RICKEY � Q ovoJ� NJ �0p". JACKSON +
_'K ° � `'V QQ '
INST. NO. M =
44 D206012462 O
D.R.T.C.T.
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LEGEND
FIR-FOUND 1/2" IRON ROD W/"RPLS #4023" CAP
P.R.T.C.T.-PLAT RECORDS, TARRANT COUNTY, TEXAS
NOTE:0 SET 1/2" I.R. W/GAI CAP D.R.T.C.T.-DEED RECORDS, TARRANT COUNTY, TEXAS
CM-CONTROLLING MONUMENT [nn]
THE BEARINGS SHOWN HEREON ARE BASED POB-POINT OF BEGINNING GRAPHIC SCALE 1"=100'
NORTHECENTRAL COORDINATE
(420 SYSTEM 2). (NAD83),
SEE EXHIBIT '13-1" FOR DESCRIPTION OF SURVEY 0 100 00
FouWOUH CITY OF FORT WORTH
1000 THROCKMORTON STREET / FORT WORTH, TEXAS 76102
W.J. BOAZ ROAD �'� ♦�P��Sti�����
VARIABLE WIDTH R.O.W. EASEMENT ♦ � o 0 0
ARCEL NO. 10-ROW-2
ITY PROD. N0. 103299 LOCATION: CITY OF FORT WORTH,. TARRANT COUNTY, TEXAS
WNER: CHEYENE RIDGE PARTNERS LTD.
URVEY: A. ROBERTS ABSTRACT NO. 1262
CQUISITION AREA: 4,661 SQUARE FEET OR 0.1070 ACRES
HOLE PROPERTY AREA: 6,674 SQUARE FEET OR 0.1532 ACRES
OB NO. 830-1043 DRAWN BY: GAI DRAWING FILE: W.J. BOAZ ROAD / P10-ROW-2 N
ATE: 6/27/2022 PAGE 2 OF 2 SCALE: 1' = 100' RPLS TEXAS NO. 5999
GRAHAM ASSOCIATES, INC. / 1300 SUMMIT AVE. SUITE 419, FORT WORTH, TX 76102 / 817-332-5756 FAX 817-336-6909
FILE. NVK:&\FORT WORiH\W J HOV ROAD\CAD\PNZCFIS\PNZCEL I0-R0W-2.D'!(C
CPN 103299
WJ Boaz Road - 6398 & 6399 Apalachee Trail P10 Condemnation Map N
Council District 7
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*Location of Boundary is
li Approximate Eagle 287 287 covE
Mountain
I LAKE COUNTRY
P10-ROW1=0.028 Acres HIGHLANDS II
� SUh1fAERFIEL05
P10-ROW2=0.107 Acres
EAGLE RANCH FOSSIL PARK
LAKE CREST �•1
ESTATES Saginaw
Total ROW =0.135 Acres Blue Mound I'
Tarrant
County j
College- I
Northwest...
Teyas-183:
GREENFIELD ® FOr.�orth III
ACRES Meacham
I`nt'I Airport Mel dy Hills
JENKINS _
CRESTHRIDGE / ��
Project Site
(Lake Wor h��=���
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 24-0085
LOG NAME: 21CONDEMN 103299 P10 WJ BOAZ CHEYENNE RIDGE LTD
SUBJECT
(CD 7)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.135 Acres in Right-of-Way Easement from Real Property
Owned by Cheyenne Ridge, Ltd.,Located at 6399 and 6398 Apalachee Trail in the Cheyenne Ridge Addition,an Addition to the City of Fort
Worth,Block I and J, Lot 1X,Tarrant County,Texas,for the WJ Boaz Road Widening Improvements Project(2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 0.135 acres in right-of-way easement from real property owned
by Cheyenne Ridge,Ltd., located at 6399 and 6398 Apalachee Trail in the Cheyenne Ridge Addition,an addition to the City of Fort Worth,
Block I and J,Lot 1X,Tarrant County,Texas,were unsuccessful due to the inability to obtain clear title from the property owner for the property
interest being acquired by the City;
2. Declare the necessity to acquire the described property interest for the WJ Boaz Road Widening Improvements project(City Project No.
103299);
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the
property owner;
5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement;and
6. Authorize the City Manager or his designee to accept and record the appropriate instruments.
DISCUSSION:
The land rights in the subject property are needed for the reconstruction and widening of WJ Boaz Road from Boat Club Road to Elkins School
Road(City Project No. 103299). This project consists of widening and reconstructing approximately 1.1 miles of 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,shared used paths and reconstruction of the existing roundabout at Bowman Roberts Road.
An independent appraisal established the property's fair market value for the right-of-way property interest in the total amount of$16,700.00.
Negotiations were unsuccessful due to the inability to obtain clear title from the property owner,a forfeited/dissolved limited partnership,for the
property interest being acquired by the City.
Upon approval,a condemnation action will be brought and a Special Commissioner's hearing held to acquire the right-of-way easement interest
on the property.
Parcel Legal Description Acreage/Property
No. Interest
Lot 1-X, Block J,Cheyenne Ridge 0.0284 Acres/
10-1 Addition,City of Fort Worth,Tarrant Right-of-Way
County Easement
Lot 1-X, Block I, Cheyenne Ridge 0.1070 Acres/
10-2 Addition,City of Fort Worth,Tarrant Right-of-Way
County Easement
To approve this Mayor and Council Communication(M&C),the Council Member making a motion to authorize condemnation by eminent domain
should say:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.135 acres in right-of-way
easements from real property owned by Cheyenne Ridge,Ltd.,a Texas limited partnership. The subject property is located at 6399 and 6398
Apalachee Trail in the Cheyenne Ridge Addition,an addition to the City of Fort Worth, Block I and J,Lot 1X,Tarrant County,Texas. The land rights
in the subject property are needed for the WJ Boaz Road Widening Improvements project,a public use that provides for roadway improvements
including pavement reconstruction with curb and gutter,drainage improvements,street lights,shared use paths and reconstruction of the existing
roundabout at Bowman Roberts Road. 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 TPW Dept Highway&Streets Department's Transportation Impact Fees Cap Fund for the purpose of funding the WJ
Boaz Road Widening Improvements project, as appropriated.
This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper(ECP)(M&C 22-0607; Ordinance 25675-08-2022)
provides liquidity to support the appropriation. Available resources will be used to actually 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).
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 Transportation Impact Fee
Cap Fund for the WJ Boaz Rd West Half project to support approval of the above recommendations and acquisition of easement. 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 by. Dana Burghdoff 8018
Originating Business Unit Head: Ricardo Salazar 8379
Niels Brown 5166
Additional Information Contact: Austin DeGuire 2311
Alex Ayala 8883