HomeMy WebLinkAboutResolution 5879-01-2024 A Resolution
NO. 5879-01-2024
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 24-0052,ordered and decreed that
a public necessity existed to acquire 4.378 acres in right-of-way easement from real property located 541-1021
Avondale Haslet Road in the M.E.P. & P.RR. CO SURVEY#13, Abstract 1129 Tract 1, and 1 C, 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");
- the land rights in the Property are needed for new road improvements;
public necessity required the acquisition by condemnation of the Property,located within the alignment
of the Project;
- the use of the Property will be a public use; and
- the Real Estate Division of the Property Management Department is authorized to acquire by
negotiation the Property needed for the Project.
WHEREAS, negotiations between the City of Fort Worth and the property owner, Beaten Path
Development-Nance Ranch, LLC f/k/a FP Lakeside, LLC, 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 23' 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 4.378 acres in right-of-way easement from real property owned by Beaten Path Development-
Nance Ranch, LLC f/k/a FP Lakeside, LLC. The land rights in the subject property are needed 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 property will be used for widening and
reconstructing the existing two-lane asphalt roadway to a four-lane,divided, concrete urban arterial. The property
is located at 541-1021 Avondale Haslet Road in the M.E.P. &P.RR. CO. Survey 413,Abstract 1129,Tract 1,and
1 C, Tarrant County, Texas. 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 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.
Adopted this 23`d day of January,2024.
ATTEST: poa�
000000000 oa�
0
By: �, 00
o
Jannette S. Goodall, City Secretary o 0,
o G%
00 000 C
00000000
��`
"EXHIBIT A"
July 18, 2023
CPN 101014 AVONDALE-HASLET ROAD
PARCEL NO. 38
541 AVONDALE-HASLET ROAD, HASLET,TEXAS
M.E.P.& P. RR. CO. SURVEY, #13,ABSTRACT #1129
TARRANT COUNTY
Legal Description
PARCEL 38
RIGHT-OF-WAY EASEMENT
BEING a 190,699 square feet or 4.378 acre tract of land situated in the M.E.P.&P.RR. CO. Survey
Number 13, Abstract 1129 in the City of Haslet, Tarrant County, Texas and being part of a 428.0
acre tract of land conveyed to FP LAKESIDE, LLC, as recorded in D223078704 in the Official
Public Records of Tarrant County, Texas and being more particularly described as follows:
BEGINNING at a point from which a Mag Nail with washer bears South 0°22'30" East at a
E distance of 4.13 feet, said beginning point being the northwesterly corner of said 428.0 acre tract
and being in the easterly line of Lot 1,Block I of the Fellowship of the Parks Addition,an addition
to the City of Haslet, Texas as recorded as Document Number 2017059805 in the Official Public
Records of Tarrant County,Texas(O.P.R.T.C.T.)and being in or near the centerline of Avondale-
Haslet Road (60 foot Right-ow-Way), said corner having coordinates of N: 7,037,288.007, E:
2,312,352.034, Grid;
THENCE NORTH 8903838" EAST, along or near the centerline of said Avondale-Haslet Road
and with the northerly line of said 428.0 acre tract, a distance of 3,507.85 feet to a 5/8-inch iron
rod with a red cap stamped `CRIADO' set for corner on the Proposed southerly right-of-way line
of said Avondale-Haslet Road, from which the northeasterly corner of said 428.0 acre bears North
8998'38" East at a distance of 197.67 feet and also said set corner being at the beginning of non-
tangent curve to the right;
THENCE with said Proposed southerly right-of-way line of said Avondale-Haslet Road and with
said non-tangent curve to the right through a central angle of 23053'35",having a radius of 645.00
feet, a chord bearing of South 77°45'28"West, a chord distance of 267.03 feet, for an are distance
of 268.97 feet to a 5/8-inch iron rod with a red cap stamped `CRIADO' set for the point of
tangency;
THENCE SOUTH 89042'15" WEST, continuing with said Proposed southerly right-of-way line
of said Avondale-Haslet Road, a distance of 3,043.78 feet to a 5/8-inch iron rod with a red cap
stamped `CRIADO' set for corner;
THENCE SOUTH 00017'45" EAST, continuing with said Proposed southerly right-of-way line
of said Avondale-Haslet Road, a distance of 80.00 feet to a 5/8-inch iron rod with a red cap
stamped `CRIADO' set for corner;
PARCEL 38 Page 1 of 3
Project R14814.00
"EXHIBIT A"
July 18, 2023
THENCE SOUTH 89036'34" WEST,continuing with said Proposed southerly right-of-way line
of said Avondale-Haslet Road, a distance of 99.42 feet to a 5/8-inch iron rod with a red cap
stamped `CRIADO' set for corner;
THENCE NORTH 00032136"WEST,continuing with said Proposed southerly right-of-way line
of said Avondale-Haslet Road, a distance of 80.00 feet to a 5/8-inch iron rod with a red cap
stamped `CRIADO' set for corner;
THENCE SOUTH 89027124"WEST, continuing with said Proposed southerly right-of-way line
1
of said Avondale-Haslet Road, a distance of 102.71 feet to a 5/8-inch iron rod with a red cap
stamped `CRIADO' set for corner in the westerly line of said 428.0 acre tract and the easterly line
of the before mentioned Fellowship of the Parks Addition;
THENCE NORTH 00040'41" WEST, with the common line between said 428.0 acre tract and
said Fellowship of the Parks Addition, a distance of 52.19 feet to the POINT OF BEGINNING,
containing 190,699 square feet or 4.378 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
�.9
C ' ' "07IIE12023 ""
MICHAEL B. B"EARDEN
MICHAEL B. BEARDEN F4773
9,1,E•.FSS.�..•�-�
Registered Professional Land Surveyor, SUR
Texas Registration Number 4773
PARCEL 38 Page 2 of 3
Project R14814.00
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0052
LOG NAME: 21CONDEMN 101014 P38 BEATEN PATH DEVELOPMENT ROWE
SUBJECT
(CD 10)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 4.378 Acres in Right-of-Way Easement from Real Property
Owned by Beaten Path Developement, Located at 541-1021 Avondale Haslet Road in the M.E.P.&P.RR.CO SURVEY#13 Abstract 1129 Tract
1,and 1 C,Tarrant County,Texas,for the Avondale Haslet Road Project(2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City of Fort Worth and the property owner to acquire 4.378 acres in right-of-way easement from real
property owned by Beaten Path Development,located at 541-1021 Avondale Haslet Road in the M.E.P.&P.RR.CO SURVEY#13,Abstract
1129 Tract 1,and 1 C,Tarrant County,Texas,were unsuccessful due to the inability to negotiate agreeable terms for the property interest
being acquired by the City;
2. Declare the necessity to acquire the described property interest for the Avondale Haslet Road project(City Project No. 101014);
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.
I DISCUSSION:
The land rights in the subject property 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 right-of-way property interest in the total amount of$678,781.00. Negotiations were
unsuccessful due to the inability to negotiate agreeable terms for the property interest 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 interest
on the property.
Parcel No. Legal Description Acreage/Property Interest
38 M.E.P.&P.RR.CO.Survey#13,Abstract 1129,Tract 1,and 1 C,Tarrant County 4.378 Acres/Right-of-Way 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 4.378 acres in right-of-
way easement from real property owned by Beaten Path Development.The land rights in the subject property are needed 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 property will be used for widening and reconstructing the existing two-lane asphalt roadway to a four-lane,divided,
concrete urban arterial.The property is located at 541-1021 Avondale Haslet Road in the M.E.P.&P.RR.CO.Survey#13,Abstract 1129,Tract 1,
and 1 C,Tarrant County,Texas.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 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.
I
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 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 bv; Dana Burghdoff 8018
Originating Business Unit Head: Ricardo Salazar 8379
Niels Brown 5166
Additional Information Contact: Janice Holmes 6349
Mitch Aiton 9424