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HomeMy WebLinkAboutResolution 5839-10-2023 (3)A Resolution NO. 5839-10-2023 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 October 31, 2023, in M&C 23-0934, ordered and decreed that a public necessity existed to acquire 0.618 acres in permanent drainage easement and 0.045 acres in temporary construction easement from real property owned Vass'e Enterprises located at 4201 S. Cravens in the Daniels James W Survey, Abstract No. 395, Tract 3, 3D, 3E, 3F, 3F1, & 3G, 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 Hazardous Roadway Overtopping Mitigation South Cravens Road Culvert Improvements project (the "Project"); - the land rights in the Property are needed for the drainage 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, Vass'e Enterprises 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 31st day of October 2023, at a regular meeting of the Fort Worth City Council, upon M otion of Councilmember Bevins, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.618 acres in permanent drainage easement and 0.045 acres in temporary construction easement from real property owned by the Vass'e Enterprises, located at 4201 S Cravens Drive in the James M. Daniel Survey, Abstract No. 395, Tracts 3, 3D, 3E, 3F, 3F1, and 3G, Tarrant County, Texas. The property is needed for the Hazardous Roadway Overtopping Mitigation South Cravens Road Culvert Improvements Project (City Project No 103398), a public use project that will replace the bridge (S. Cravens Rd) and increase drainage capability to eliminate flooding. The land rights in the subject property are needed for the drainage improvements. 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 31st day of October 2023. °°°oo°°o ATTEST: o ° ° -tic �% ° ° a 0 °%40 By: 1''d°oo o°�� Jannette S. Goodall, City Secretary .0 °OOoo°°003 ,4 map Boa '7A 021PMD103398 PDE P1 & TCE P1.1/ P1.2 CONDEMNATION MAP HROM Cravens Improvements Project Tarrant County - CD 5 4201 SCRAVENS RD TAD ACCOUNT: 03944730 OWNER INFO: VASS'E ENTERPRISES INC PO BOX 13275 ARLINGTON, TX 76094-275 LEGAL DESCRIPTION: DANIEL. JAMES W SURVEY Abstract 395 Tract 3 3D 3E 3F 3F1 8 3G *LOCATION OF BOUNDARY IS APPROXIMATE. PDE P1 = 0.618 Acres TCE P1.1/P1.2 = 0.045 Acres 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® HROM CRAVENS ROAD IMPROVEMENTS CITY PROJECT NO. 103398 PARCEL NO. 1 PE 4201 CRAVENS ROAD JAMES M. DANIEL SURVEY, ABSTRACT No. 395 EXHIBIT "A" Being a permanent drainage easement situated in the James M. Daniel Survey, Abstract No. 395, City of Fort Worth, Tarrant County, Texas, said permanent drainage easement being a portion of a 1.699 acre tract of land (by deed) described as Tract I in deed to Vass'e Enterprises, Inc. as recorded in County Clerk's File No. D207095424 of the Official Public Records of Tarrant County, Texas, said permanent drainage easement also being a portion of a 1.701 acre tract of land (by deed) described as Tract II in deed to Vass'e Enterprises, Inc. as recorded in County Clerk's File No. D207095424, of said Official Public Records of Tarrant County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap (illegible) found for the southwest corner of said 1.699 acre tract of land, said 1/2 inch iron rod with cap (illegible) being the northwest corner of Lot 1, Block 1 of Summer Lake Estates Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-176, Page 28 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rod with cap (illegible) also being in the east right-of-way line of South Cravens Road (a variable width right-of-way), from which a 1/2 inch iron rod with cap (illegible) found for the southwest corner of said Lot 1 bears South 00 degrees 29 minutes 27 seconds East, a distance of 966.31 feet, said 1/2 inch iron rod with cap (illegible) being an interior ell corner in the east right-of-way line of said South Cravens Road; THENCE North 00 degrees 22 minutes 15 seconds West, with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 548.47 feet to a point for the northwest corner of said 1.699 acre tract of land, said point being an interior ell corner in the east right-of-way line of said South Cravens Road; THENCE North 87 degrees 52 minutes 40 seconds East, with the north line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, passing at a distance of 8.79 feet, a point for the southwest corner of Lot 1, Block D of Melody Oaks Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-11, Page 112 of said Plat Records of Tarrant County, Texas and being an exterior ell corner in the east right-of-way line of said South Cravens Road, in all, a distance of 15.01 feet to a point for corner, said point being in the south line of Lot 1 of said Block D; THENCE South 00 degrees 22 minutes 15 seconds East, a distance of 234.11 feet to a point for corner; Exhibit A Page 1 of 2 THENCE North 89 degrees 45 minutes 48 seconds East, passing at a distance of 119.96 feet, a point in the east line of said 1.699 acre tract of land and the west line of said 1.701 acre tract of land, in all, a distance of 124.89 feet to a point for corner; THENCE South 00 degrees 22 minutes 19 seconds East, a distance of 149.27 feet to a point for corner; THENCE South 89 degrees 33 minutes 02 seconds West, passing at a distance of 4.94 feet, a point I in the east line of said 1.699 acre tract of land and the west line of said 1.701 acre tract of land, in all, a distance of 124.89 feet to a point for corner; THENCE South 00 degrees 22 minutes 15 seconds East, a distance of 164.70 feet to a point for corner in the south line of said 1.699 acre tract of land, said point being in the north line of Lot 1 of said Block 1; THENCE South 88 degrees 09 minutes 02 seconds West, with the south line of said 1.699 acre tract of land and with the north line of Lot 1 of said Block 1, a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.618 acres or 26,898 square feet of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, North Central Zone (4202) NAD 83 (2011), Epoch 2010.00, all distances and areas shown are surface. Date: September 1, 2022 Curtis Smith Registered Professional Land Surveyor No. 5494 Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT ''B'' PARCEL No. 1 PE MATCHLINE "A" OAKDALE DRIVE (50' RIGHT—OF—WAY) 0 cc VJ Z cc U !0!^ vJ (A VARIABLE WIDTH RIGHT-OF-WAY) S 00'29'27" E 966 L-4 P.O.B. FND 1/2"IR W/CAP (ILLEGIBLE) LOT 1 BLOCK 1 SUMMER LAKE ADDITIO GE 2$ ESTATES -17C T PA VOLUME P•R'T FND 1/2"IR W/CAP (ILLEGIBLE) • J IN W TRACT II 1.701 ACRES (BY DEED) VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 O.P.R.T.C.T. PERMANENT DRAINAGE EASEMENT AREA 0.618 ACRES OR 26.898 SQ. FT. 25' INGRESS/EGRESS EASEMENT TO FRANK McANULTY VOLUME 6276, PAGE 640 D.R.T.C.T. JAMES M. DANIEL SURVEY ABSTRACT No. 395 LOT 1 BLOCKADDITION �TgE D210 16934 3 C C.F• NP g.T•C'T' NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2010.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. LINE L-3 L-4 UNE TABLE BEARING S 00'22.15"E S 88'09.02"W DISTANCE 164.70' 15.00r 60 30 0 60 SCALE IN FEET o�rWo r City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS J6102 200 • FORT WORTH, 76102 HR OM CRAVENS ROAD IMPR 0 VEMENT S PARCEL NO. 1 PE CITY PROJ. NO. 103398 PERMANENT DRAINAGE EASEMENT OWNER: VASS'E ENTERPRISES, INC. SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 0.618 ACRES OR 26,898 SQUARE FEET WHOLE PROPERTY ACREAGE: 3.40 ACRES (BY DEED) JOB No. DEOT2101.00 DATE: SEPTEMBER 1, 2022 DRAWN BY: JPH EXHIBIT B PAGE 1 OF 3 CAD FILE: 1 PE REV1.DWG SCALE: 1" = 60' CURTIS SMITH REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768 EXHIBIT ''B'' PARCEL No. 1 PE MATCHLINE "B" 0 J cV 1- 0 60 30 0 SOUTH CRAVENS ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) 60 SCALE IN FEET APPROXIMATE LOCATION OF SANITARY SEWER EASEMENT TO CITY OF FORT WORTH UNKNOWN WIDTH VOLUME 3227, PAGE 553 D.R.T.C.T. W J W N89'45'48"E 124.89'•--1 S 89'33'02"W 124.89' TRACT I 1.699 ACRES (BY DEED) VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 0.P.R.T.C.T. JAMES M. DANIEL ABSTRACT No. MATCHLINE "A" :.' PASSING AT 119.96' APPROXIMATE LOCATION OF SANITARY SEWER EASEMENT TO CITY OF FORT WORTH UNKNOWN WIDTH VOLUME 3227, PAGE 555 D.R.T.C.T. PERMANENT DRAINAGE EASEMENT AREA 0.618 ACRES OR 26,898 SQ. FT. LINE L-2 L-3 LINE TAB BEARItIG S 00'2215"E S 00'22'15"E DISTANCE 234.11' 164.70' APPROXIMATE LOCATION OF CITY OF ARUNGTON FLOOD EASEMENT VOLUME 3117, PAGE 353 D.R.T.C.T. TRACT II \_ 1.701 ACRES (BY DEED) VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 PASSING 0.P.R.T.C.T. AT 4.94' SURVEY 395 NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2010.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. o WoeT City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS >sioz STREET • 76102 HR OM CRAVENS ROAD IMPROVEMENTS PARCEL NO. 1 PE CITY PROJ. NO. 103398 PERMANENT DRAINAGE EASEMENT OWNER: VASS'E ENTERPRISES, INC. SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 0.618 ACRES OR 26,898 SQUARE FEET WHOLE PROPERTY ACREAGE: 3.40 ACRES (BY DEED) JOB No. DEOT2101.00 DATE: SEPTEMBER 1, 2022 DRAWN BY: JPH EXHIBIT B PAGE 2 OF 3 CAD FILE: 1 PE REV1.DWG IISCALE: 1" = 60' CURTIS SMITH REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SURE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768 BLOCK D—R SANDY ACRES ADDITION VOLUME 388-10, PAGE 124 P.R.T.C.T. iCI / < L-1 11 co PASSING AT 8.79' I O Q LOT 1—A O - Li__1 //) O vJ 1 z l- LLJ `—' Q = w to la :::: —1 E...,E.:,�— rx N .k :;;::: D Q t7 Da.lV > Ob ...•.: ~ O Uwcti�' O Z .:.:.:1. ci-J4��4 CD ti b EXHIBIT ''B'' PARCEL No. 1 PE n LOR S-VREET Br C6p' RIGHT-OF�WAY) CZ LOT 1 PERMANENT DRAINAGE EASEMENT AREA 0.618 ACRES OR 26,898 SQ. FT. LINE L-1 BEARI JOB DISTANCE N 8752 40"E 15.01 L-2 S 00'22'15"E 234.11' Tom MELO38AC_K T�CD.I• TION TEpKsAppo 2 2 TRACT I 1.699 ACRES (BY DEED) VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 0.P.R.T.C.T. L I LOT 3 5' UTILITY EASEMENT VOLUME 388-11, PAGE 112 P.R.T.C.T. TRACT II 1.701 ACRES (BY DEED) VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 0.P.R.T.C.T. JAMES M. DANIEL SURVEY ABSTRACT No. 395 APPROXIMATE LOCATION OF SANITARY SEWER EASEMENT TO CITY OF FORT WORTH UNKNOWN WIDTH VOLUME 3227, PAGE 555 D.R.T.C.T. DEED UNE MATCHLINE "B" NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2010.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. 60 30 0 60 SCALE IN FEET ORT WORT City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 HR OM CRAVENS ROAD IMPR 0 VEMENT S PARCEL NO. 1 PE CITY PROJ. NO. 103398 PERMANENT DRAINAGE EASEMENT OWNER: VASS'E ENTERPRISES, INC. SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 0.618 ACRES OR 26,898 SQUARE FEET WHOLE PROPERTY ACREAGE: 3.40 ACRES (BY DEED) JOB No. DEOT2101.00 DATE: SEPTEMBER 1, 2022 DRAWN BY: JPH EXHIBIT B PAGE 3 OF 3 CAD FILE: 1 PE REV1.DWG SCALE: 1" = 60' CURTIS SMITH REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768 HROM CRAVENS ROAD IMPROVEMENTS CITY PROJECT NO, 103398 PARCEL NO. 1 TE PART 1 4201 CRAVENS ROAD JAMES M. DANIEL SURVEY, ABSTRACT No. 395 EXHIBIT "A" Being a temporary construction easement situated in the James M. Daniel Survey, Abstract No. 395, City of Fort Worth, Tarrant County, Texas, said temporary construction easement being a portion of a 1.699 acre tract of land (by deed) described as Tract I in deed to Vass'e Enterprises, Inc. as recorded in County Clerk's File No. D207095424 of the Official Public Records of Tarrant County, Texas, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap (illegible) found for the southwest corner of said 1.699 acre tract of land, said 1/2 inch iron rod with cap (illegible) being the northwest corner of Lot 1, Block 1 of Summer Lake Estates Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-176, Page 28 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rod with cap (illegible) also being in the east right-of-way line of South Cravens Road (a variable width right-of-way), from which a 1/2 inch iron rod with cap (illegible) found for the southwest corner of said Lot 1 bears South 00 degrees 29 minutes 27 seconds East, a distance of 966.31 feet, said 1/2 inch iron rod with cap (illegible) being an interior ell corner in the east right-of-way line of said South Cravens Road; THENCE North 00 degrees 22 minutes 15 seconds West, with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 7.59 feet to the POINT OF BEGINNING of the herein described temporary construction easement; THENCE North 00 degrees 22 minutes 15 seconds West, with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 21.30 feet to a point for corner; THENCE North 89 degrees 22 minutes 08 seconds East, a distance of 47.14 feet to a point for corner; THENCE South 00 degrees 40 minutes 32 seconds East, a distance of 21.42 feet to a point for corner; THENCE South 89 degrees 30 minutes 58 seconds West, a distance of 47.25 feet to POINT OF BEGINNING and containing 1,008 square feet or 0.023 acres of land, more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, North Central Zone (4202) NAD 83 (2011), Epoch 2010.00, all distances and areas shown are surface. Date: September 09, 2021 Curtis Smith Registered Professional Land Surveyor No. 5494 Texas Firm No. 10106900 Exhibit A Page 2 of 2 LINE L-1 LiNrTABLE BEARING N 00'22'15"W DISTANCE 7.59' L-2 N 00'22'15"W 21.30' L-3 L-4 L-5 N 89'22.08"E S 00'40'32"E S 89'30'58"W 47.14' 21.42' 47.25' LOT 2 b to E▪ .4] to N cbr4 LOT 1 Cq OAKDALE DRIVE (50' RIGHT—OF—WAY) co LOT 17 W ti)NLi �w� a— p LOT 18 EXHIBIT "B " PARCEL No. 1 TE PART 1 APPROXIMATE LOCATION OF JAMES M. DANIEL SURVEY \ CITY OF ARLINGTON �— FLOOD EASEMENT ABSTRACT N o. 395 VOLUME 3117, PAGE 353 D.R.T.C.T. TRACT I \ 1.699 ACRES (BY DEED) \ VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 L-2 o— L-3 0.P.R.T.C.T. P.O.B. SOUTH CRAVENS ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) S 00'29'27" E 966 TRACT II 1.701 ACRES (BY DEED) VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 0.P.R.T.C.T. TEMPORARY CONSTRUCTION EASEMENT AREA 1,008 SQ. FT. OR 0.023 ACRES P.O.C. FND 1/2"IR W/CAP (ILLEGIBLE) FND 1/2"IR W/CAP (ILLEGIBLE) • LOT 1 LOT 1 25' INGRESS/EGRESS EASEMENT TO FRANK McANULTY VOLUME 6276, PAGE 640 D.R.T.C.T. ACQUISITION 5MO A -"" IOPAGE 28 LOCATION SUBJECT TRACT PSE 388-1r. 7C•T LOCATION OF ACQUISITION VOLUME P•R•T BLOCKADBITIO43 xBB 15g3 21 CTRFN • PDBD C T NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2010.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. 60 30 0 60 SCALE IN FEET ORT WORT City of Fort Worth 200 TEXAS STREET • FORT WORTH. TEXAS 76102 HR OM CRAVENS ROAD IMPR 0 VEMENT S PARCEL NO. 1 TE PART 1 CITY PROJ. NO. 103398 TEMPORARY CONSTRUCTION EASEMENT OWNER: VASS'E ENTERPRISES, INC. SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 1,008 SQUARE FEET OR 0.023 ACRES WHOLE PROPERTY ACREAGE: 1.699 ACRES (BY DEED) JOB No. DEOT2101.00 I DRAWN BY: JPH CAD FILE: 1 TE PT 1.DWG DATE: SEPTEMBER 9, 2021 EXHIBIT B PAGE 1 OF 1 SCALE: 1" = 60' CURTIS SMITH REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA do ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768 HROM CRAVENS ROAD IMPROVEMENTS CITY PROJECT NO. 103398 PARCEL NO. 1 TE PART 2 4201 CRAVENS ROAD JAMES M. DANIEL SURVEY, ABSTRACT No. 395 EXHIBIT "A" Being a temporary construction easement situated in the James M. Daniel Survey, Abstract No. 395, City of Fort Worth, Tarrant County, Texas, said temporary construction easement being a portion of a 1,699 acre tract of land (by deed) described as Tract I in deed to Vass'e Enterprises, Inc. as recorded in County Clerk's File No. D207095424, of the Official Public Records of Tarrant County, Texas, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap (illegible) found for the southwest corner of said 1.699 acre tract of land, said 1/2 inch iron rod with cap (illegible) being the northwest corner of Lot 1, Block 1 of Summer Lake Estates Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-176, Page 28 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rod with cap (illegible) also being in the east right-of-way line of South Cravens Road (a variable width right-of-way), from which a 1/2 inch iron rod with cap (illegible) found for the southwest corner of said Lot 1 bears South 00 degrees 29 minutes 27 seconds East, a distance of 966.31 feet, said 1/2 inch iron rod with cap (illegible) being an interior ell corner in the east right-of-way line of said South Cravens Road; THENCE North 00 degrees 22 minutes 15 seconds West, with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 518.18 feet to the POINT OF BEGINNING of the herein described temporary construction easement; THENCE North 00 degrees 22 minutes 15 seconds West, with the west line of said 1.699 acre tract of land and with the east right-of-way line of said South Cravens Road, a distance of 30.29 feet to a point for the northwest corner of said 1.699 acre tract of land, said point being an interior ell corner in the east right-of-way line of said South Cravens Road; THENCE North 87 degrees 52 minutes 40 seconds East, with the north line of said 1.699 acre tract of land, passing at a distance of 8.79 feet, a point for the southwest corner of Lot 1, Block D of Melody Oaks Addition Second Filing, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-11, Page 112 of said Plat Records of Tarrant County, Texas, said point being an exterior ell corner in the east right-of-way line of said South Cravens Road, in all, a distance of 30.68 feet to a point for corner in the south line of said Lot 1, Block D; THENCE South 00 degrees 40 minutes 32 seconds East, a distance of 31.09 feet to a point for corner; THENCE South 89 degrees 22 minutes 08 seconds West, a distance of 30.83 feet to POINT OF BEGINNING and containing 944 square feet or 0.022 acres of land, more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, North Central Zone (4202) NAD 83 (2011), Epoch 2010.00, all distances and areas shown are surface. Date: September 09, 2021 Curtis Smith Registered Professional Land Surveyor No. 5494 Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT ''B'' PARCEL No. 1 TE PART 2 MATCHLINE "A" co \\ TRACT I LOT 2 I \ 1.699 ACRES (BY DEED) I C0 wCI- to \ VASS'E ENTERPRISES, INC. h NCO \ C.C.F. No. D207095424 I ko h a [V o 0 �\ 0.P.R.T.C.T. Ei )i v I Z 0cn� 03 0 LOT 1 �NW� Q O a ,J �+ I I 25' INGRESS/EGRESS EASEMENT 0 L.J.. L TO FRANK McANULTY VOLUME 6276, PAGE 640 (J) OI D.R.T.C.T. OAKDALE w DRIVE < o (50' RIGHT-OF-WAY) C Ow J m I Q Lo I- > LOT 17 co -- hL5O� w��Cti (/) FND 1/2"R C...)w I W/CAS (ILLEGIBLE) — — 0 LOT 18 TRACT II 1.701 ACRES (BY DEED) VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 0.P.R.T.C.T. 5 00'29'27" E 96 P.O.C. FND 1/2"IR W/CAP (ILLEGIBLE) ACQUISITION ii___ LOCATION JAMES M. DANIEL SURVEY ABSTRACT No. 395 LOT 1 SUMME LAI< OGE 28 ESTA388,176, PA VOLUME P•g,T C T Aw11° D2D01I69343 ETC C.C.F. NP g.T•C'T• SUBJECT TRACT & LOCATION OF ACQUISITION NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2010.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. 60 30 0 LOT 1 60 SCALE IN FEET ORT WORT City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 HR OM CRAVENS ROAD IMPR 0 VEMENT S PARCEL NO. 1 TE PART 2 CITY PROJ, NO. 103398 TEMPORARY CONSTRUCTION EASEMENT OWNER: VASS'E ENTERPRISES, INC. SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 944 SQUARE FEET OR 0.022 ACRES WHOLE PROPERTY ACREAGE: 1.699 ACRES (BY DEED) JOB No. DEOT2101.00 DATE: SEPTEMBER 9, 2021 DRAWN BY: JPH EXHIBIT B PAGE 1 OF 3 CAD FILE: 1 TE PT 2.DWG SCALE: 1" = 60' CURTIS SMITH REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA do ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768 I OQ LOT 3 VJ O z co I W Ln EnN�3 ON CU W J m co Q w� O o I cn — — "—I LOT 2 EXHIBIT "B " PARCEL No. 1 TE PART 2 MATCHLINE "B" I APPROXIMATE LOCATION OF SANITARY SEWER EASEMENT �— TO CITY OF FORT WORTH I UNKNOWN WIDTH VOLUME 3227, PAGE 553 D.R.T.C.T. ZLON Of EOCSEMENT OXLMA'(E ASPANRARY OfwfOW\OTHRTN TO UNK3227 PAGE 555 I JAMES M. DANIEL I SURVEY o ABSTRACT No. 395 3I i TRACT I TRACT 11 1.699 ACRES (BY DEED) 1.701 ACRES (BY DEED) NI i VASS'E ENTERPRISES, INC. vnss'E ENTERPRISES, INC. C.C.F. No. D207095424 o C.C.F. No. D207095424 i O.P.R.T.C.T. z � O.P.R.T.C.T. I APPROXIMATE I LOCATION OF I CITY OF ARLINGTON I II ACQUISITION I I LOCATION I I I I I SUBJECT TRACT & LOCATION OF ACQUISITION MATCHLINE "A" NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2O10.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. FLOOD EASEMENT VOLUME 3117, PAGE 353 D.R.T.C.T. 60 30 0 60 SCALE IN FEET FoRTWORTH City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 HR OM CRAVENS ROAD IMPR 0 VEMENT S PARCEL NO. 1 TE PART 2 TEMPORARY CONSTRUCTION EASEMENT OWNER: VASS'E ENTERPRISES, INC. SURVEY: JAMES M, DANIEL SURVEY, ABSTRACT NO. 395 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 944 SQUARE FEET OR 0.022 ACRES WHOLE PROPERTY ACREAGE: 1.699 ACRES (BY DEED) JOB No. DFOT2101.00 I DRAWN BY: JPH DATE: CITY PROJ. NO. 1 CAD FILE: 1 2021 1 EXHIBIT B PAGE 2 OF 3 1 S('Al P 1" = do ASSOCIATES, INC. • 2300 N.E. LOOP 820, SUITE 660 F r< 04".URTIS SMI- 5494 "'' S U Fes' :ICURTIS SMITH REGISTERED PROFESSIONAL LAND SURVEYOR ND. 5494 TEXAS FIRM No. 10106900 . 817-496-1494 FAX 817-496-1768 EXHIBIT "B " PARCEL No. 1 TE PART 2 TABLELINE LINE G I DISTANCE ACQUISITION L-1 N 00'2215 30.29 LOCATION L-2 N 87'52 40 E 3.Y��R ���r C L-3 S 00'40 32 E 31.0909 CGI L-4 S 89'22 08 30.83 B A H (60' RIGHT-pF-WAY) SUBJECT TRACT & — LOCATION OF ACQUISITION .— r pLOCIC DDDITION LOT 2 LOT 3 C Y OAKSFILING 112 o ^ LOT 1 MELODLC00 PAGE 1, L I 388�T.C•T' Q4 q 0. PASSING QO UMp.R I Cti AT 8.79' ------ I Q A _---------- pq I c 5' UTILITY EASEMENTF W, co a I ��++ QTEMPORARYVOLUME388-11, PAGE 1129� c7 11. P.R.T.C.T. LL CONSTRUCTION oEASEMENT AREA 7 z944 SQ. FT. ORW =0.022 ACRES cDOf > =B. Q o TRACT II _ TRACT 1 1.701 ACRES (BY DEED) W 1.699 ACRES (BY DEED) VASS'E ENTERPRISES, INC. V VASS'E ENTERPRISES, INC. C.C.F. No. D207095424 O.P.R.T.C.T. h r = Q - C.C.F. No. D207095424 LOT 3 4 E4 ¢ N� O.P.R.T.C.T. I > o Z JAMES M. DANIEL SURVEY (n ABSTRACT No. 395 I I MATCHLINE "B" NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202) NAD 83 (2011), EPOCH 2O10.00, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. ORT WORT 60 30 0 60 SCALE IN FEET City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 HR OM CRAVENS ROAD IMPR 0 VEMENTS ■ PARCEL NO. 1 TE PART 2 ICITY PROJ. NO. 1033981 TEMPORARY CONSTRUCTION EASEMENT OWNER: VASS'E ENTERPRISES, INC. SURVEY: JAMES M. DANIEL SURVEY, ABSTRACT NO. 395 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 944 SQUARE FEET OR 0.022 ACRES WHOLE PROPERTY ACREAGE: 1.699 ACRES (BY DEED) JOB No. DEOT2101.00 DRAWN BY: JPH I CAD FILE: 1 TE PT 2 DATE: SEPTEMBER 9, 2021 EXHIBIT B PAGE 3 OF 3 1 SCALE: 1' = 60' GORRONDONA do ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. OF T ul CURTIS SMIT »,. 5494 ..»......» �»....» � , S �TIS SMITH STERED PROFESSIONAL LAND SURVEYOR 5494 TEXAS FIRM No. 10106900 City of Fort Worth, Mayor and Texas Council Communication DATE: 10/31/23 M&C FILE NUMBER: M&C 23-0934 LOG NAME: 21 CONDEMN 103398 - PARCEL 1 VASSE ENTERPRISES SUBJECT (CD 5) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.618 Acres in Permanent Drainage Easement and 0.045 Acres in Temporary Construction Easement from Real Property Owned by Vass'e Enterprises, Located at 4201 South Cravens Road in the James M. Daniels Survey, Abstract No. 395, Tracts 3, 3D, 3E, 3F, 3F1 & 3G, Tarrant County, Texas, for the Hazardous Road Overtopping Mitigation South Cravens Road Culvert Improvements Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the property owner to acquire 0.618 acres in permanent drainage easement and 0.045 acres in temporary construction easement from real property owned by Vass'e Enterprises, located at 4201 S. Cravens in the James M. Daniels Survey, Abstract No. 395, Tracts 3, 3D, 3E, 3F, 3F1 & 3G, 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 Hazardous Road Overtopping Mitigation South Cravens Road Culvert Improvements Project (City Project No. 103398); 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 Hazardous Roadway Overtopping Mitigation (HROM) South Cravens Road Culvert Improvements Project, a public use project that will replace the bridge (S. Cravens Rd) and increase drainage capability to eliminate flooding. An independent appraisal established fair market value for the property interest (shown below) in the total amount of $116,548.00. 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 property interest (shown below) on the property. Parcel I property Address / Legal Description Acreage / No. Property Interest 4201 S. CRAVENS ROAD /JAMES M. 0.618 Acres / Permanent 1-PDE DANIEL SURVEY, ABSTRACT 395, Drainage TRACTS 3, 3D, 3E, 3F, 3F1 & 3G Easement 1.1- TCE 4201 S. CRAVENS ROAD / JAMES M. 0.045 Acres / Temporary DANIEL SURVEY, ABSTRACT 395, Construction 1.2- TRACTS 3, 3D, 3E, 3F, 3F1 & 3G Easement TCE 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 0.618 acres in permanent drainage easement and 0.045 acres in temporary construction easement from real property owned by the Vass'e Enterprises, located at 4201 S Cravens Drive in the James M Daniel Survey, Abstract No. 395, Tracts 3, 3D, 3E, 3F, 3F1, and 3G, Tarrant County, Texas. The property is needed for the Hazardous Roadway Overtopping Mitigation South Cravens Road Culvert Improvements Project (City Project No 103398), a public use project that will replace the bridge (S. Cravens Rd) and increase drainage capability to eliminate flooding. The land rights in the subject property are needed for the drainage improvements. 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 for HROM Cravens Rd Improvement project is depicted below: [Fund Existing Appropriations Additional Appropriations Project Total` 52008 - Drainage Rev Bonds Series 2023 $0.00 $460,000.00 $460,000. 00 52007 — Stormwater Rev Bonds 2020 $846,729.00 $0.00 $846,729.00 Project Total $1,306,729.00 $0.00 $1,306,729.00 Additional appropriations in the table above in the amount of $460,000.00 is being appropriated on M&C 20SWM HROM S CRAVENS ROAD EASEMENTS set for council approval on 10/17/2023. Funding is budgeted in the TPW Dept Highway & Streets Department's Drainage Rev Bonds Series 2023 Fund for the purpose of funding the HROM S Cravens Rd Culvert Improvement project. This property is located in COUNCIL DISTRICT 5. 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 Drainage Rev Bonds Series 2023 Fund for the HROM S. Cravens Rd. Culvert Im project to support the approval of the above recommendations. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office byDana Burghdoff 8018 Originating Business Unit Head: Ricardo Salazar 8379 Niels Brown 5166 Additional Information Contact: Jeremy Van Rite 2574 Linda Young 2485