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Home My WebLink AboutResolution 5915-03-2024A Resolution NO.5915-03-2023 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 March 19, 2024, in M&C 24-0204, ordered and decreed that a public necessity existed to acquire 0.031 acres of land in right-of-way easement from real property located at 7328 Bob Hanger Street in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, BIock E, Lot 1, 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, Octavio Mesa and Blanca Mesa, 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 191h day of March, 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 a resolution authorizing use of the power of eminent domain to acquire the following: 0.031 acres in right-of-way easement from property located at 7328 Bob Hanger Street in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, Block E, Lot 1, Tarrant County, Texas and 0.041 acres of land in right-of-way easement and .010 acres for a temporary construction easement from property located at 5941 WJ Boaz Road in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, Block E, Lots 2 and 3, Tarrant County, Texas from Octavio Mesa and Blanca Mesa; and 0.349 acres of land in right-of-way easement and 0.0182 acres of land in drainage easement from property located at 7450 Bowman Roberts Road in the J. Mock Survey, Abstract No. 1994, and being a portion of a tract of land described as Tract 2C as recorded in Instrument No. D217090187, Tarrant County, Texas from Marc English. The land rights in the subject properties 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, streetlights, shared use paths and reconstfuction 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 the Mayor and Council Communications. This motion indicates that the first record vote applies to all units of property to be condemned and the minutes shall reflect that the first vote applies to all of those units." Seconded by CounciImember Bevins, 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 Iisted above and attached to the M&C. Adopted this the 19' day of March 2024. ATTEST: By: {J ]annette S. Goodall, City Secretary PARCEL NO. 30-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 0.0308 acre tract of land situated in the A. Roberts Survey, Abstract No. 1262, Tarrant County, Texas and being a portion of Lot 1, BIock E, Lake Crest Estates, as recorded in Volume 388-T, Page 39, Plat Records, Tarrant County, Texas, as described in deed to Octavio Meza, as recorded in Volume 12581, Page 39, Deed Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with cap stamped "ALL POINTS", being in the southwest corner of Lot 1, Block 13, Innisbrook Place, as recorded in instrument No. D217197217, Deed Records, Tarrant County, Texas, and being in the intersection of the existing north public right-of-way line of W.J. Boaz Road (having a variable width right-of-way) and the existing east public right-of-way line of Bellingham Road (having a 60 foot right-of-way); THENCE South 40°41'21" West, a distance of 86.14 feet to the POINT OF BEGINNING, being in the northeast corner of said Lot 1, and being in the northwest corner of Lot 2, Block E, Lake Crest Estates, as recorded in Volume 388-T, Page 39, Plat Records, Tarrant County, Texas, and being in the existing south public right-of-way line of said W.J. Boaz Road; THENCE South 00'02'41" East, along the common line of said Lot 1 and said Lot 2, a distance of 16.73 feet to a set 1/2 inch iron rod with a cap stamped "GRAHAM ASSOC INC"(GAI); THENCE South 89°33'25" West, leaving said common line, a distance of 68.00 feet to a set 1/2 inch iron .rod with "GAI" cap; THENCE South 72°53'41" West, a distance of 10.46 feet to a set 1/2 inch iron rod with "GAI" cap, being in the west line of said Lot 1 and being in the existing east public right-of-way Iine of Bob Hanger Street (having a 80 foot right-of-way); THENCE North 00°02' 17" West, along said common line, a distance of 20.27 feet to a point, being in the intersection of said existing east public right-of-way line of Bob Hanger Street and said existing south public right-of-way Iine; THENCE North 89°57' 19" East, along said existing south public right-of-way Iine, a distance of 78.00 feet to the POINT BEGINNING and CONTAINING 1,341 square feet, 0.0308 acres of land, more or less. PAGE 1 OF 2 EXHIBIT "B" I Q O I n EFRAIN PEREZ ESCOBAR I I Q "rs INST. NO. D217256235, 2 o VICINITY MAP D.R.T.C.T. LOT 60, BLOCK 6, INNiSBROOK PLACE CJ TRACT 3C & 3E I INST. NO. D217197217, P.R,T.C.T Z LOT 1, BLOCK 13, 6008 W J BOAZ RD. SABRI Z ATABI ENNISBROOK PLACE I INST. NO. D221231146, D.R.T.C.T. W INST. NO. D217197217 pp P,R.T.C.T.— — --- oc `� FIR(CM) 50+oo W.J. BOAZ ROADS 53+00 51 i 00 (VARIABLE WIDTH R.O.W.) 52 0 — Q N89. 57' 19„E P013SO. 02' 41 "E NO' 02' 17"W 78.00' `? — 1633' — — - - w 20.27'_-� —o S89' 33 25nW II II I 68.00Lo w � Q� 541�W II�Q o wo¢ 1046U Lu NLz1Y a0�Ln Y"a "7 Q 6OQ N 00� 0V'C5 c�0 Off�Qy cu J --L Cx] CL.] C7C ¢ fY f]7 W p m co U uj I— I f--U4 �� N��¢rCc CD in O o m Q y CD o� v C rn > I LEGEND FIR —FOUND 1/2 INCH IRON ROD W/ "ALL POINTS" CAP 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 [nn CM -CONTROLLING MONUMENT THE BEARINGS SHOWN HEREON ARE BASED POB—POINT OF BEGIWNG GRAPHIC SCALE 1 "=50' ON THECTEXAS OOORDDI (A2 SYSTEM (NAD63), POC—POINT OF COMMENCING NORSEE EXHIBIT "A' FOR DESCRIPTION OF SURVEY 0 50 100 FouWO[ffH CITY OF FORT WORTH 1000 THROCKMORTON STREET / FORT WORTH, TEXAS 76102 �� OF / W.J. BOAZ ROAD C-? VARIABLE WIDTH R. 0. W. EASEMENT � ARCEL NO. 30-ROW-1 M.L PETERSON .. . ...... . . ITY PROJ. NO. 103299 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY TEXAS 5 99._ WNER: OCTAVIO MEZA URVEY: A. ROBERTS ABSTRACT NO. 1262 U %CQUISITION AREA: 1,341 SQUARE FEET OR 0,0308 ACRES HOLE PROPERTY AREA: 16 380 SQUARE FEET OR 0,3760 ACRES 1 2[ -2 JOB NO. 830-1043 DRAWN BY: GAI DRAWING FILE: W.J. BOAZ ROAD / P30-ROW-1 MICHAEL L PETER ON ATE: 6/27/2022 PAGE 2 OF 2 1 SCALE: V = 50' RPLS TEXAS NO. 5999 GRAHAM ASSOCIATES, INC. / 1300 SUMMIT AVE. SUITE 419, FORT WORTH, TX 76102 / 817-332-5756 FAX 817-336-6909 lf£ WOE J:\FORf Volifli\Yf J [0A1 ROAD\Call\FzViCE(S\f'AIXEI. SO-ROW-LOWG Graham Associates 600 Six Flags Dr., Suite 500 Arlington, Texas 76011 (817) 640-8535 Friday, March 31, 2023 10:52:45 AM PROJECT: PARCEL 30-ROW-1 --------------------------------------------------------------------------------- CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: Point Number Description Station Northing Easting Elevation Bearing Distance -----------------------------------------------------------------------------_-- 237 0+00.00 7001090.735 2302916.040 S00002141"E 16.73 238 0+16.73 7001074.005 2302916.053 S89033125OW 60.00 239 0+84.73 7001073.479 2302848.055 S72053141"W 10.46 235 0+95.20 7001070.402 2302838.057 N0000211711W 20.27 1 236 1+15.47 7001090.672 2302838.044 N8905711911E 78.00 237 1+93.47 7001090.733 2302916.044 ------------------------------------------_-.--- Closing latitude -_------------------------------- =-0.00152 Closing departure = 0.00429 Closing bearing = N7002810911W Closing distance = 0.00456 Total traverse length = 193.46 (193.47) Total error of closure = 1/42470 Error of closure in latitude = 1/127036 Error of closure in departure = 1/45063 Area = 1341 Sq. Ft. Area = 0.0308 Acres Parcel 30 ROW CPN 103299 7328 Bob Hanger Street - P30 Condemnation Map Council District 7 W-J. BOAZ ROAD = Project Site 0 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: 03/19/24 M&C FILE NUMBER: M&C 24-0204 LOG NAME: 21 CONDEMN 103299 OCTAVIO AND BLANCA MESA SUBJECT (CD 7) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.031 Acres in Right -of -Way Easement from Real Property Owned by Octavio and Blanca Mesa, Located at 7328 Bob Hanger Street in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, Block E, Lot 1, 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 0.031 acres in right-of-way easement from real property owned by Octavio and Blanca Mesa, located at 7328 Bob Hanger Street in the Lake Crest Estates Addition, an addition to the City of Fort Worth, Block E, Lot 1, 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 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 $32,600.00. Negotiations were unsuccessful due to the inability to negotiate agreeable terns 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 No. Legal Description Acreage/Property Interest Lot 1, Block E, Lake Crest Estates 0.031 Acres 1 Right - Addition, City of Fort Worth, Tarrant of -Way Easement County 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 0.031 acres of land in right- of-way easement from real property owned by Octavio Mesa and Blanca Mesa. The subject property is located at 7328 Bob Hanger Street in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, Block E, Lot 1, 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 2022 Bond Program for the purpose of funding the WJ Boaz Road Widening Improvements 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 1 CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program 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 bv: Dana Burghdoff 8018 Orminating Business Unit Head: Marilyn Marvin 7708 Niels Brown 5166 Additional Information Contact: Austin DeGuire 2311 Alex Ayala 8883