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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'` ��� moo° °od¢t� Y: ° Jannette S. Goodall, City Secretary °° °° E ° 0000000 VE c�° a^� 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 BOLLARD DRIVE EXHIBIT_"B" k Z6 SITE 9C) O >>-i —ter Q�O4� ao Z N Z U U ~ r O O ONO F- 1- O r SOON dry^� Z~Q.' L�^ W ^_� WCN 0 ;Z Y `O n N m4 JO H mY Z U"o NTS C.) ull Co 1- 6 m o � Q0 VICINITY MAP � tm�c w�m m = O m Z O O¢O Z POC 7� Nff ¢ �� G�FIR(CM) Z D1X; BLS , CHEYENNE RIDGE . 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 > JOWANNA YOUNG ¢ �— INST. N0 D221 04795 > I D.R.T.C.T. I Q I 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. PO + W W IUD ' 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 w*r s M, w Mtn DI,, �• U jAPM 9POAMW AL _ X � ' s rll•.LI i,lUi.i• l i� ' I�' 7i�;•q_{.ti, +�� r 1, , � • HIP • + U r 7 rWINIVEBAGO II h M *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