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Home My WebLink AboutResolution 5942-04-2024A Resolution NO. 6942-04-2024 A RESOLUTION DETERAHNING THE NECESSITY FOR ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION OR CONDEMNATION FOR PUBLIC USE WHEREAS, the Fort Worth City Council on April 23, 2024, in M&C 24-0339, ordered and decreed that a public necessity existed to acquire 0.160 acres in permanent water facility easements and 0.149 acres for temporary construction easements from real property located at 2600 W. Bonds Ranch Road and the southwest corner of Saginaw Boulevard and W. Bonds Ranch Road in the George A. Criner Survey, Abstract No. 296 and I. & G.N. R.R. Survey, Abstract No. 1956, 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 the Northside IV 24" Water Main Phase I project (the "Project") that will provide water to new development in the northern part of the City of Fort Worth; - the land rights in the Property are needed for new water line facility 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 owners, Jay Frederick Bonds and John Millard Bonds, 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 23`d day of April 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 0.160 acres in permanent water facility easements and 0.149 acres for temporary construction easements from real property owned by Jay Frederick Bonds and John Millard Bonds. The property interests are needed for the Northside IV Water Transmission Main project, a public use that will provide water to new development in the northern part of the City of Fort Worth. The land rights in the subject properties are needed for the construction, operation, maintenance, replacement, upgrade and repair of the permanent water line facility as necessary. The properties are located at 2600 W. Bonds Ranch Road and the southwest corner of Saginaw Boulevard and W. Bonds Ranch Road in the George A. Criner Survey, Abstract No. 296 and I. & G.N. R.R. Survey, Abstract No. 1956, Tarrant County, Texas. The property interests to be acquired are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." Seconded by CounciImember Lauersdorf, 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: April 23, 2024 ATTEST: By. .fig Jannette S. Goodall, City Secretary EXHIBIT A LEGAL DESCRIPTION WATER FACILITY EASEMENT Being part of the 1 & G N RR Co Survey, Abstract 1956, situated in the City of Fort Worth, Tarrant County, Texas and being a portion of a tract conveyed to JOHN MILLARD BOND by Instrument Number D187347814 Official Public Records of Tarrant County Texas (O.P.R.T.C.T.) and being more particularly described as follows: COMMENCING at an iron rod with plastic cap stamped "BROOKS BAKER" for a northeast comer of a tract conveyed to PETE & JO BONDS FAMILY PARTNERSHIP by Instrument Number D213039813 (O.P.R.T.C.T.) and being in the west right of way line of U.S. Highway 287 (Business) from which a 1 inch iron rod for the northeast corner of said John Millard Bond tract and being in the west right of way line of U.S. Highway 287 (Business) and being in the south right of way line of West Bonds Rand Road, a 120 foot right of way, as described in D198229819 (O.P.R.T.C.T.) bears N 24°28'02" W, a distance of 146.44 feet; THENCE S 68003'38" W, departing the west right of way line of U.S. Highway 287 (Business) and along the south line of said John Millard Bond tract and a north line of said Pete & Jo Bonds Family Partnership, a distance of 29.91 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" for the POINT OF BEGINNING; THENCE S 68"03'38" W, along the south line of said John Millard Bond tract and a north line of said Pete & Jo Bonds Family Partnership, a distance of 25.02 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673"; THENCE N 24028'39" W, a distance of 169.49 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in the north line of said John Millard Bond tract and the south right of way line of West Bonds Rand Road; THENCE S 89"34'40" E, along the north line of said John Millard Bond tract and the south right of way line of West Bonds Rand Road, a distance of 27.56 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673"; THENCE S 24028'39" E, a distance of 158.99 feet to the POINT OF BEGINNING and containing 4,106 square feet or 0.094 acres more or less. REVISION# DESCRIPTION DATE 1 CORRECTED DEED INST. N0.1212812023 Page 1 of 5 NOTES: 1) All bearings and coordinates are in US survey feet surface using a scale factor of 1.0001526298 and referenced to the Texas Coordinate System, Nad-83, The North Central Zone 4202. 2) Exhibit B of same date accompanies this legal description. Y-Te �P4 G,� RFo 9 o n JAMES E. DeOTTE ..% ..................... oaae 4673 P �� James E. DeOtte Registered Professional Land Surveyor No. 4673 James DeOtte Engineering, Inc. ? TBPLS Firm No. 10101400 2201 Dottie Lynn Parkway, Suite 119 Fort Worth, Texas 76120 (817) 446 — 6877. REVISION# DESCRIP77ON DATE 1 CORRECTED DEED INST. NO. 1212812023 Page 2 of 5 LEGEND. PROPERTY BOUNDARY 0( EASEMENT PROP. EASEMENT IRON ROD FOUND 5/8" IRON ROD SET WITH PLASTIC CAP STAMPED "DEO7TE RPLS 46730 OMCIAL PUBLIC RECORDS TARRANT COUNTY TEXAS IRF C1RS O.P.R.T.C.T. r Y h MIN HICKS FIELD FoRT WoRni EXHIBIT A SNOWING A HPARCEL OF PROPERTY SITUATED IN THE 1 & G N RR CO SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN Cris/ Of FOI'� iN0►ff? D 187347814 f 7FXAS STREET OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS FORT WORTH TX. 76102 PROJECT. NORTHSIDE IV WATERLINE CITY PROJECT No. 102687 PROPOSED WATER FACILITY EASEMENT I PARCEL NO. 17 PWFE LAND ACQUIS177ON AREA: 4,106 SO FT OR 0.094 AC JDEI JOB No. 202100700 DRAWN BY. CBC IPAGE 3 OF 5 JAMES DeOTTE ENGINEERING, INC • 2201 DOTTIE LYNN PKWY., SUITE 119 7BPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00 ON DATE DEED INST. NO. 1212812023 •e- Date: 1212812023 7F f gn . R 17--44R—RR 1FSEL+�. PROPERTY BOUNDARY EX. EASEMENT' PROP. FASE,NENT IRON ROD FOUND 518-IRON ROD SET N7TH PLASAC CAP STAMPED 'DEOTTE RPLS 4673' OMCML PUBLIC RECORDS TARRANT COUNTY TEXAS 1RF CIRS O.P.R.T.C.T. W BONDS RANCH ROAD PETE & JO BONDS FAMILY PRTNSHP 10857 BUSINESS 287 HWY FORT WORTH, TX 76779 D213OJ98IJ O.P.R. T C. T. CHAPEL HILL WEST LLC 410 N CARROLL AVE STE 180 SOUTHLAKE, TX 76092 D220187858 O.P.R.T.c.T. Tx I. N2428'02'W C.M. 146.44' raF rw C.M. eA+oiaMs Burt 00" S68'03'38'W 29.91 JOHN MILLARD BOND PO BOX 79590 FORT WORTH, TX 76179--0590 D187347814 O. P.R. T. C. T. SIONjf DESCRIPTION DATE 1 \ CORRECTED DEED INST, NO. 1212812023 FORT NORTH ExHlBlT A SHOWING A PARCEL OF PROPERTY 517UAM IN 7HE f 1 & G N RR CO SURVEY TARIMT COUNTY, TEXAS AS RECORDED IN City of Fort Worth D187,347814 200 TEXAS STREET OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS FORT WORTH, 7X. 76102 PROJECT NORTHSIDE IV WATERLINE CITY PROJECT No. 102687 PROPOSED WATER FACILITY EASEMENT I PARCEL NO. 17 PWF£ LAND ACQUISITION AREA: 4 JDEI JOB No. 202100700 JAMES DeOTTE ENGINEERING TRPE FIRM Reg. No. 8917 106 I DRAWN BY.• CBC I PAGE 4 OF INC. • 2201 DOME LYNN PKWY., SUITE 119 TBLS Firm Reg. No. 101014-00 �E••0F•. P .F' ............................. DAMES E. D8OTTE .•Y.q...4673...v�;. %.0 •' �q •ess�� O� � s u?,Nj Date: 1212812023 FORT WORTH, 7X. 76120 • 817-446-6877 LEGEND: EXHIBIT B PROPERTY BOUNDARY PAGE 5 OF 5 EX. EASEMENT — — — — — — — PROP. EASEMENT [r ;_,;+ IRON ROD FOUND IRE (9 518"IRON ROD SET MTH PLASTIC CARS 0 50 100 CAP STAMPED 'DEOTTE' RPLS 4673" OFFICAL PUBLIC RECORDS O.P.R.T.C.T. TARRANT COUNTY TEXAS GRAPHIC SCALE IN FEET W BONDS 10' UTILITY ; EASEMENT , :,'�>' ; x;# s `: ,::'-' ' S` ,, �•`.�...,: sty �; . D200094233 }-:�`i-";s.��"• ��• 'r•::';A:. ::r�- ,. .�O.P.R.T.GT. ;c 589.34'40"E �:lrl,�:v�;::�. ; t:..; ,^pj�f;�:: cpG \ OVERLAP WITHW,. —\ EXISTING EASEMENT — — — CONTAINING 829 SQ. \ FT. / 0.019 AC. PROPOSED WATER U1 _ .;• - -� FACILITY EASEMENT z\ ,,...,.;•,. 2 CONTAINING 4,106 SQ. FT. / 0.094 AC. PIPELINE EASEMENT D202.279755 0.P.R.T.C.T. JOHN MILV RD BOND \ PO BO,) ` 79590 25. 02' 'or SRO= SM 01 VAW S68'03'38 "W \ FORT WORTH, TA 76179-0590 pas '' ' `" 29.91 ' \\ D 18734 7�,14 P. OA O.P.R.TC \ \ PETE & JO BONDS FAMILY ' �•T �, :• PRTNSHP REVISIONS DESCRIPTION �`••� �' ��•' DATE 1 CORRECTED DEED INST NO.1212812023 \ \ 10857 BUSINESS 287 HWY \ \ FORT WORTH, TX 76179 \ \ R� ' ` \ D213039813 \ \ O.P.R.T.G.T. EXHIBIT A SHOWING A FORT WORTH PARCEL OF PROPERTY tE.••� F °• rF SITUATED IN THE ST ER'F°^f '°• 1 & G N RR CO SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN De07TE City Of Fort Worth DAMES E. . D 187347814 ..�....................... ••• 200 TEXAS STREET OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS ,0 4673 P �^ FOfiT WORTH, TX. 76T 02 °%0A p?: • �SS�,•�O PROJECT NORTHSIDE IV WATERLINE I CITY PROJECT No. 102687 9bp 'S 6 0 PROPOSED WATER FACILITY EASEMENT I PARCEL NO. 17 PWFE 11 LAND ACQUIS177ON AREA: 4,106 SO FT OR 0.094 AC 28 2023 12te: 1 JDEI JOB No. 202100700 DRAWN BY.• CBC PAGE 5 OF 5 Da JAMES DeOTTE ENGINEERING, INC. • 2201 DOT77E LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877 PPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00 17 — WFE -- MAPCHECK North:7021897.58' East:2307637.01' Segment #1 : Line Course: 568° 03' 38"W Length: 25.02' North:7021888.23' East:2307613.80' Segment #2 : Line Course: N24° 28' 39"W Length: 169.49' North:7022042.49' East: 2307543.57' Segment #3 : Line Course: S890 34' 40"E Length: 27.56' North:7022042.29' East:2307571.13' Segment #4 : Line Course: S240 28' 39"E Length: 158.99' North:7021897.59' East:2307637.01' - Perimeter: 381.07' Area: 4106.07 Sq. Ft. Error Closure: 0.01 Course: N7° 45' 48"E Error North: 0.005 East: 0.001 Precision 1:38106.00 EXHIBIT A LEGAL DESCRIPTION WATER FACILITY EASEMENT Being part of the George A Crinere Survey, Abstract No. 296, situated in the City of Fort Worth, Tarrant County, Texas and being a portion of a tract conveyed to JOHN MILLARD BOND by Instrument Number D187347814 Official Public Records of Tarrant County Texas (O.P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a 518" iron rod with orange plastic cap stamped "BROOKS BAKER SURVEYORS" for a southwest corner of said Bond John Millard tract and a southeast comer of a tract conveyed to PETE & JO BONDS FAMILY PARTNERSHIP by Instrument Number D213039813 (O.P.R.T.C.T.) and being in the north right of way line of W Bonds Ranch Road from which a 518" iron rod with red plastic cap stamped "BROOKS BAKER SURVEYORS" for a northeast corner of said John Millard Bond tract and being in the west right of way line of U.S. Highway 287 (Business) and being a southeast corner of said Pete & Jo Bonds Family Partnership tract bears N 55°06'46" E, a distance of 1,382.87 feet; THENCE S 89033'57" E, along the north right of way line of West Bonds Ranch Road and along the south line of said John Millard Bond tract, a distance of 1,439.15 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" for the POINT OF BEGINNING; THENCE N 24033'43" W, departing the north right of way line of West Bonds Ranch Road and the south line of said John Millard Bond tract, a distance of 109.97 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673'; THENCE N 65"30'00" E, a distance of 25.00 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673"; THENCE S 24033'43" E, a distance of 121.60 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in the north line of West Bonds Ranch Road and the south line of said John Millard Bond tract; THENCE N 89033'57" W, along the north line of West Bonds Ranch Road and the south line of said John Millard Bond tract, a distance of 27.58 feet to the POINT OF BEGINNING and containing 2,895 square feet or 0.066 acres more or less. REVISION# DESCRIPTION DATE 1 CORRECTED ABSTRACT INFO 1010512022 Page 1 of 5 NOTES: 1) All bearings and coordinates are in US survey feet surface using a scale factor of 1.0001526298 and referenced to the Texas Coordinate System, Nad-83, The North Central Zone 4202. 2) Exhibit B of same date accompanies this legal description. James E. DeOtte Registered Professional Land Surveyor No. 4673 ' James DeOtte Engineering, Inc. TBPLS Firm No. 10101400 2201 Dottie Lynn Parkway, Suite 119 Fort Worth, Texas 76120 (817) 446 — 6877 REVISION# DESCRIPTION DATE 1 CORRECTED ABSTRACT INFO 1010512022 Page 2 of 5 LEGEND. PROPERTY BOUNDARY E E4SEMENT PROP. SASS WENT IRON ROD FOUND 518-IRON ROD SET WITH PLASTIC CAP STAMPED 'DEOTTE RPLS 467J' OFFIC14L PUBLIC RECORDS TARRANT COUNTY 7EX4S FORTWORTH City of Fort Worth 200 7ENAS STREET FORT WORTH, TX. 76102 I PROPOSED WATER EXHIBIT B PAGE 3OF5 IRF CIRS O.P.R.T.C.T. W, L4 SITE HICKS FIELD FIELD EXHIBIT A SNOWING A PARCEL OF PROPERTY SITUATED IN THE G. A. CRINERE SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN D187347814 OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TDCAS LAND ACQUISITION AREA: 2,895 SQ FT OR 0.066 AC JDEI JOB No. 202100700 1 DRAWN BY. CBC IPAGE 3 OF 5 JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00 ON DATE ABSTRACT INFO 1010512022 EyAbklw eLel, I �: I /�P��STERFO'O9 ............................. JAMES JE. DeOTfE ..Y................... =.A 4673� �gN.�SS 2AW Date: 101512022 6120 • 817-446-61 N LEGS n. EXHIBIT B PROPERTY BOUNDARY PAGE 4 O� 5 EX. EASEMENT - — — — — — - PROP. EASEMENT C`.=u __� >^— IRON ROD FOUND IRF 0 518-IRON ROD SET WITH PLASTIC 0 50D 100D 04P STAMPED DEOTTE RPLS 4673' CIRS OFFICIAL PUBLIC RECORDS O.P.R.T.C.T. TARRANT COUNTY 7EXAS GRAPHIC SCALE IN FEET N P.O.C. C.M. W BONDS RANCH OAD PETE & JO BONDS FAMILY PRTNSHP 10857 BUSINESS 287 HWY FORT WORTH. TX 76179 D2130398IJ 0. P. R. T. C. T. C.M. l cmF ran erwm sum aemrom qm JOHN MILLARD BOND PO BOX 79590 FORT WORTH, TX 7617! D187347814 O. P. R. T. C. T. s S89.33'57"E 2 1439.15' ��L REWSIONjf DESCR1P77ON 2 1 CORRECTED ABSTRACT FORT NORTH City of Fort Worth 200 7Fx4S STREET FORT WORTH, TX. 76102 EXHIBIT A SHOWING A PARCEL OF PROPERTY SITUATED IN THE G. A. CRINERE SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN D 187347814 OMCIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS PROPOSED WATER FACILITY EASEMENT I PARCEL NO. 18 PWFE LAND ACQl11S1710N ARFA 2 895 SQ FT OR 0 066 AC TE INFO 10 2022 we .F JAMES E. DeOTTE• .°�. A..................... 4673.�.. q Cs s�o•�p� JDEI JOB No. 202100700 1 DRAWN BY- CBC PAGE 4 OF 5 Date: 101512022 JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SU17E 119 FORT WORTH, 7X. 76120 • 817--446-6877 TBPE FiRM Reg. No. 8917 . TBLS Firm Reg. No. 101014-00 EXHIBIT A LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Being part of the I & G N RR Co Survey, Abstract 1956, situated in the City of Fort Worth, Tarrant County, Texas and being a portion of a tract conveyed to JOHN MILLARD BOND by Instrument Number D184347814 Official Public Records of Tarrant County Texas (O.P.R.T.C.T.) and being more particularly described as follows: COMMENCING at an iron rod with plastic cap stamped "BROOKS BAKER" for a northeast corner of a tract conveyed to PETE & JO BONDS FAMILY PARTNERSHIP by Instrument Number D213039813 (O.P.R.T.C.T.) and being in the west right of way line of U.S. Highway 287 (Business) from which a 1 inch iron rod for the northeast corner of said John Millard Bond tract and being In the west right of way line of U.S. Highway 287 (Business) and being in the south right of way line of West Bonds Ranch Road, a 120 foot right of way, as described in D198229819 (O.P.R.T.C.T.) bears N 24"28'02" W, a distance of 146.44 feet; THENCE S 68003'38" W, departing the west right of way line of U.S. Highway 287 (Business) and along the south line of said John Millard Bond tract and a north line of said Pete & Jo Bonds Family Partnership, a distance of 54.94 feet to a 518" iron rod set with plastic cap stamped "DEOTTE'RPLS 4673" for the POINT OF BEGINNING; THENCE S 68003'38" W, along the south line of said John Millard Bond tract and a north line of said Pete & Jo Bonds Family Partnership, a distance of 20.02 feet to a point; THENCE N 24028'39" W, departing the south line of said John Millard Bond tract and a north line of said Pete & Jo Bonds Family Partnership, a distance of 177.89 feet to a point in a north line of said John Millard Bond tract and In the south right of way line of West Bonds Ranch Road; THENCE S 89034'40" E, along a north line of said John Millard Bond tract and the south right of way line of West Bonds Ranch Road, a distance of 22.05 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673'; THENCE S 24"28'39" E, departing the north line of said John Millard Bond tract and the south right of way line of West Bonds Ranch Road, a distance of 169.49 feet to the POINT OF BEGINNING and containing 3,474 square feet or 0.080 acres more or less. Page 1 of 5 NOTES: 1) All bearings and coordinates are in US survey feet surface using a scale factor of 1.0001526298 and referenced to the Texas Coordinate System, Nad-83, The North Central Zone 4202. 2) Exhibit B of same date accompanies this legal description. James E. DeOtte Registered Professional Land Surveyor No. 4673 James DeOtte Engineering, Inc. TBPLS Firm No. 10101400 2201 Dottie Lynn Parkway, Suite 119 Fort Worth, Texas 76120 (817) 446 — 6877 Page 2 of 5 EXHIBIT B PROPERTY BOUNDARY PAGE 3 OF 5 D EASEMENT -- — — — — .-....-. PROP. EASEMENT IRON ROD FOUND IRF 518-IRON ROD SET WAN PLASTIC GAP STAMPED 'DEOTIE RPLS 4673' CIRS OFFICIAL PUBLIC RECORDS aP.R.T.C.T. TARRANT COUNTY TEXAS FORT NORTH City of Fort worth 200 TEXAS STREET FORT WORTH, TX. 76102 Y N SITE HICKS FIELD FIELD EXHIBIT A SNOWING A PARCEL OF PROPERTY SfTUATED IN THE 1 & G N RR CO SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN D 187347814 OFRCIAL PUBLIC RECORDS OF rARRANr COUNY TEXAS JDEI JOB No. 202100700 IDR4WN BY CBC IP DAMES DeOTTE ENGINEERING, INC. . 2201 DOT77E LMN PKWK, TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. .101014-00 NO. 15 TCE OF 5 119 FORT PRAIRIE CL' ca P.•��sreR ............................. JAMES E. DeOTTE ................ .. ��. A 4673 . po Date: 512712022 76120 • 817 446—& LEGEND, PROPERTY BOUNDARY EX. EASEMENT PROP. EASEMENT IRON ROD FOUND 518-IRON ROD SET WTIH PLASTIC CAP STAMPED 'DEOTTE RPLS 4673' OFFICIAL PUBLIC RECORDS TARRANT COUNTY 7EXAS IRF CIRS O.P.R.T.C.T. N24 28'02 V 146.44' W BONDS RANCH ROAD BOND MILLARD P.O.B. PO BOXX 79 P.O.C. C.M. 79590 sum ORNZE FORT WORTH, TX 76179-0590 S68*03'38"W D 187347814 54.94' O.P. R. T. C. T cpG 2 s PETE & JO BONDS FAMILY PRTNSHP 10857 BUSINESS 287 HWY FORT WORTH, TX 76179 .L 0213OJ981 J D.P.R. T.C. T. 2 FORT WORTH City of Fort worth 200 TEXAS STREET FORT WORTH, IX 76102 EXHIBIT A SHOWING A PARCEL OF PROPERTY SMIATED IN THE 1 & G N RR CO SURVEY TARRANT COUNTY, TEXAS AS RECORDED IN D187347814 OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS 1 PROPOSED TEMPORARY CONSTRUC770N EASEMENT I PARCEL NO. 15 TCE I I JDEI JAMES DeOTTF ENGINEERING, INC. • 2201 DOME LYNN PKWY., SUITE 119 7BPE RRM Reg. No. 8917 , TBLS Firm Reg, No. 101014-00 •e Date: 5/27/2022 FORT WORTH, 7X 76120 • 817 446-6877 LEGEND: EXHIBIT B PROPERTY BOUNDARY PAGE 5 OF 5 Elf EASEMENT — — — — — — — PROP. EASEMENT [ uta>Y< ;=---,-� 47- IRON ROD FOUND IRE E) 00 5/8"IRON ROD SET WMI PLAS77C 0 50 11 GAP STAMPED IDEOPE RPLS 4673' CIRS OFF7C14L PUBLIC RECORDS O.P.RT.C.T. TARRANT COUNTY TEXAS .�•,,_ _, , >;•s�, .;x GRAPHIC SCALE IN FEET W BONDS .M ti� ,•, ',i.:},ti:�,�..�'rr:y s.;,.-�v: . .10' UTIL17YFr4SE ENT , "" .:'� r is try. �:�'~. �`':..:,.•• ;t� �z•� u: D200094233 y? ��'':' :.:: t•i : ; : '.:"�z}ham`• :"."�`: ` +: i. u•• "O. P.R. T.C.T. a,•.;.-.,•�i~ :.;ar. •••=:Y?�7 �..:jd•r;%,4 i. a' :7.,+f..`�.Y '. i•gAn ..r.r .: „..., '.•-~,.•..t�s!•`."•'~i'�. .• .r,,;L;..r.:.. a C,-.�..:.:: S89.34'40"E S`��'r`� 22 _ OVERLAP WITH \\ o y EXISTING EASEMENT CONTAINING 663 Sq. FT / 0.015 AC. PROPOSED \ \-Z- 7EMMPORARY N CONS7RUC77ON EASEMENTNCA_ \ \O CONTAINING 3,474 N \ '•':: SQ. FT. / 0.080 AC. cD \ PIPELINE EASEMENT D22255 C. T P.T BOND JO N MILLARD \ PO BO 79590 \ FORT WORTH, TA 76179--0590 \ S68.03'38"W \ 018734 a14 \ 54.94 \\ O.P.R.T C. \ P.O.B. \ \\ z S68'03'38'W \ PETE & JO BONDS FAMILY PRTNSHPQ \ \ 10857 BUSINESS 287 HWY \ FORT WORTH, TX 76179 \ \ D213039813 \ \ O.P. R. T. C. T. \ EXHIBIT A SHOWING A ORT WORTH PARCEL OF PROPERTY t��E �- • rFi 517VATM IN THE /` `i a• 6 S T ♦: R� •a•T 1 & G N RR CO SURVEY ram;• �`` • N TARRANT COUNTY, TEXAS ' ............................. City of Fort Worth As RECORDED 1N •DAMES E. DeOTrE D 187347814 • Y...................... •• 200 TEXAS STREET OMCIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS Z A 4673 v o FORT WORTH, TX. 76102 ^:POE 1 p�P•� PROJECT. NORTHSIDE IV WATERLINE CITY PROJECT No. 102687 q��••SUR. PROPOSED TEMPORARY CONSTRUC77ON EASEMENT PARCEL NO. 15 TCE LAND ACQUISITION AREA: 3, 474 SQ FT OR 0.080 AC JDEI JOB No. 202100700 DRAWN BY.• CBC PAGE 5 OF 5 Date: 5/27/2022 DAMES DeOTTE ENGINEERING, INC • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877 TBPE FIRM Reg. No. 8917 • TBLS Frrm Reg. No. 101014-00 IFSF, a PROPERTY BOUNDARY EX EASEMENT PROP. EASEMENT IRON ROD FOUND 5/8-IRON ROD SET WITH PLASTIC GAP STAMPED DEOTTE RPLS 46730 OFFICIAL PUBLIC RECORDS TARRANT COUNTY TEXAS [;;•gib. �:�a�«�k�� IRF CIRS O.P.R.T.C.T. JOHN MILLARD BOND ` PO BOX 79590 FORT WORTH, TX 76179-0590 D187347814 O.P.R.T C.T. N65 JO'00 "E 25.00' \ PROPOSED WATER \ FACILITY EASEMENT Z \ CONTAINING 2,895 \ SO. FT. / 0.066 AC. w — — — — -- � cm t \ \ 35' PIPELINE EASEMENT \ \ D.R.T.C.T.154 P.O.B. 89'33'57"E 1439.15'a \\ 1 \\ W BONDS RANCH ROAD `N89.3357"W 27.58' REVISION} DESC! 1 COWREC — OVERLAP WITH EXISTING EASEMENT CONTAINING 966 SO. FE / 0.022 AC 0 /2022 Ke:" EXHIBIT A SNOWING A FORT WORTH PARCEL OF PROPERTY cE.•° F •..TF SITUATED IN THE �Q •G 1 S T ERA'•' f" G. A. CRINERE SURVEY ;- 4� TARRANT COUNTY, TEXAS •• AS RECORDED 1N JAM ES E. De01TE City Of Fort Worth D187347814 ..%.......................... 200 TEXAS STREET OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS L} 6VY 73 FORT WORTH, TX. 76102 .4 D�E S S �'�• �� PROJECT- NORTHSIDE IV WATERLINE CITY PROJECT No. 102687 • S PROPOSED WATER FACILITY EASEMENT I PARCEL NO. 18 PWFE LAND ACQUISITION AREA: 2,895 SQ FT OR 0.066 AC Date: 101512022 JDEI JOB No. 202100700 DRAWN BY' CBC PAGE 5 OF 5 JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 817-446-6877 TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014--00 EXHIBIT A LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Being part of the George A Crinere, Abstract No. 296, situated in the City of Fort Worth, Tarrant County, Texas and being a portion of a tract conveyed to JOHN MILLARD BOND by Instrument Number D187347814 Official Public Records of Tarrant County Texas (O.P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a 518" iron rod with orange plastic cap stamped "BROOKS BAKER SURVEYORS" for a southwest corner of said Bond John Millard tract and a southeast corner of a tract conveyed to PETE & JO BONDS FAMILY PARTNERSHIP by Instrument Number D213039813 (O.P.R.T.C.T.) and being in the north right of way line of W Bonds Ranch Road from which a 5/8" iron rod with red plastic cap stamped "BROOKS BAKER SURVEYORS" for a northeast corner of said John Millard Bond tract and being in the west right of way line of U.S. Highway 287 (Business) and being a southeast corner of said Pete & Jo Bonds Family Partnership tract bears N 55006'46" E, a distance of 1,382.87 feet; THENCE S 89°33'57" E, along the north right of way line of West Bonds Ranch Road and along the south line of said John Millard Bond tract, a distance of 1,417.08 feet to the POINT OF BEGINNING; THENCE N 24"33'43" W, departing the north right of way line of West Bonds Ranch Road and the south line of said John Millard Bond tract, a distance of 120.67 feet to a point; THENCE N 65030'00" E, a distance of 45.02 feet to a point; THENCE S 24030'00" E, a distance of 20.00 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673"; THENCE S 65030'00" W, a distance of 25.00 feet to a 518" iron rod set with plastic cap stamped "DEOTTE RPLS 4673; THENCE S 24033'43" E, a distance of 109.97 feet to a 518" Iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in the north line of West Bonds Ranch Road and the south line of said John Millard Bond tract; THENCE N 89033'57" W, along the north line of West Bonds Ranch Road and the south line of said John Millard Bond tract, a distance of 22.07 feet to the POINT OF BEGINNING and containing 3,007 square feet or 0.069 acres more or less. REVISION# DESCRIPTION DATE 1 CORRECTED ABSTRACT INFO 1010512022 Page 1 of 5 NOTES: 1) All bearings and coordinates are in US survey feet surface using a scale factor of 1.0001526298 and referenced to the Texas Coordinate System, Nad-83, The North Central Zone 4202. 2) Exhibit B of same date accompanies this legal description. �F.vOFoT a� JAMES E. DeOTTE ve d ........... Qeea � °aA 4673 P o James E. DeOtte Registered Professional Land Surveyor No. 4673 James DeOtte Engineering, Inc. TBPLS Firm No. 10101400 2201 Dottie Lynn Parkway, Suite 119 Fort Worth, Texas 76120 (817) 446 — 6877 REVISION# DESCRIPTION DATE 1 CORRECTED ABSTRACT INFO 1010512022 Page 2 of 5 LEGEND: PROPERTY BOUNDARY 6( EASEMENT PROP. msEMETIT IRON ROD FOUND 5/8'IRON ROD SET WMi PL4S77C CAP STAMPED TEOTrE RPLS 4673' OFFICIAL PUBUC RECORDS TARRANr COUNTY 7EAAS IRF CIRS O.P.R.T.C.T. EXHIBIT B PAGE 3OF5 SITE HICKS F ON DATE ABSTRACT INFO 10105 FORT WoRm City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76fO2 EXHIBIT A SNOWING A PARCEL OF PROPERTY SITUATED IN THE G. A. CRINERE SURVEY TARRANT' COUNTY TEXAS AS RECORDED IN D 187347814 OFFTC69L PUBLIC RECORDS OF TARRANT COUNTY TEXAS 1 PROPOSED TEMPORARY CONSTRUC77ON EASEMENT I PARCEL NO. 16 TCE I - -+w JDEI JOB No. 202100700 DRAWN BY- CBC PAGE 3 OF 5 Date: 101512022 DAMES DeOTTE ENGINEERING, INC. • 2201 DOME LYNN PKWY., SUITE 119 FORT WORTH, 7X. 76120 • 817-446-6877 7EP£ FIRM Reg. No. 8917 • 7BLS Firm Reg. No. 10 10 14- 00 LEEA►D: EXHIBIT B PROPERTY BOUNDARY IX �EMM. _______ PAGE40F5 PROP. EASEMENT IRON ROD FOUND IRF 5/8' IRON ROD SET WITH PLASTIC 0 500 1000 CAP STAMPED 'DEOTIE RPLS 4673' CIRS OFFICIAL PUBLIC RECORDS O.P.R.T.C.T. TARRANT COUNTY TF114S GRAPHIC SCALE IN FEET W!A W BONDS RANCH ffOAD 1 PETS' & JO BONDS FAMILY PRTNSHP 10857 BUSINESS 287 HWY FORT WORTH, TX 76179 D21JO3981J 0.P.R.T.C.T. C.M. MF IM aAWa BVM SERMO s 4M 1 JOHN MILLARD BOND PO BOX 79590 FORT WORTH, TX 7617.1 D 187J47814 O.P.R. T.C.T. G s S8933'57"E 2 1417.08' s� , Via REVISION1 DESCRIPTION 'L 1 CORRECTED ABSTRACT FORT WORTH EXHIBIT A SHOWING A PARCEL. OF PROPERTY SITUATED IN THE G. A. CRINERE SURVEY TARRANT COUNTY, TEXAS City of Fort Worth AS RECORDED 1N D187347814 200 TEMS STREET OMC14L PUBLIC RECORDS OF TARRANT COUNTY 7MS FORT WORTH. TX. 76 f 02 PROJECT. NORTHSID£ IV WATERLINE I CITY PROJECT No. 102687 LAND ACQUISITION AREA: 3,007 SO FT OR 0.069 AC JDEI JOB No. 202100700 DRAWN BY- CBC PAGE 4 OF 5 JAMES DeOTTE ENGINEERING, INC. . 2201 DOTTIE LYNN PKWY, SUITE 119 TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00 DWE INFO 10 2022 Date: 101512022 6120 • 817-446-61 LEGEND: PROPERTY BOUNDARY EX EASEMENT PROP. EASEMENT IRON ROD FOUND 518`IRON ROD SET WITH PLASTIC CAP STAMPED DEOTTE RPLS 4673' OFFICIAL PUBLIC RECORDS TARRANT COUNTY TEXAS IRF C1RS 0.P R.T C.T. JOHN MILLARD BOND PO BOX 79590 FORT WORTH, TX 76179-0590 D 187347814 O.P.R.rC.T. N65'30'00 "E 45.02' PROPOSED - t \ TEMPORARY 4 \ CONSTRUCTION \ EASEMENT N '� CONTAINING 3,007 SO. FT. / 0.069 AC. w_ �G 2 . S24'30'00 "E J' 20.00' y� bags �cP� S65'30'00 "W 2 25.00' S24'3343 "E --109.97" 'R5' PIPELINE EASEMENT \ " O.R.f JOO2154 89 JJ' 7 E � g N89'33'57W 22.07' \ REV75IONI I ,\ W BONDS RANCH ROAD FORT'WORTH City of Fort Worth 200 M0S STREET FORT WORTH, 7X. 76102 -- OVERLAP WITH EXISTING EASEMENT' CONTAINING 770 SO. FT. / 0.018 AC. EXHIBIT A SHOWING A PARCEL OF PROPERTY SITUATED IN THE G. A. CRINERE SURVEY TARRANT COUNTY. TEXAS AS RECORDED IN D187347814 OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS PROJECT: NORTHSIDE IV WATERLINE I CITY PROJECT No. 102687 PROPOSED TEMPORARY CONSTRUCTION EASEMENT I PARCEL NO. 16 TCE LAND ACQUISITION AREA: 3,007 SQ FT OR 0.069 AC JDEI JOB No. 202100700 1 DRAWN BY- CBC PAGE 5 OF 5 JAMES DeOTTE ENGINEERING, INC. • 2201 DOT77E LYNN PKWY., SUITE 119 FORT WORT TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00 YEQ 10 2022 •e JANfE.. E. DeOTTE �.A 4673 P Date: 101512022 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/23/24 M&C FILE NUMBER: M&C 24-0339 LOG NAME: 21CONDEMN-AMEND 102687 WE17-18 & TCE15-16 J.F. & J.M. BONDS SUBJECT (ETJ Near CD 7) Authorize Amendment of Mayor and Council Communication 22-0872 to Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.16 Acres in Permanent Water Facility Easements and 0.149 Acres for Temporary Construction Easements from Real Property Owned by Jay Frederick Bonds and John Millard Bonds, Located at 2600 W. Bonds Ranch Road and the Southwest Comer of Saginaw Boulevard and W. Bonds Ranch Road in the George A. Criner Survey, Abstract No. 296 and I. & G.N. R.R. Co. Survey, Abstract No. 1956, Tarrant County, for the Northside IV 24' Wafer Main Phase 1 B Project RECOMMENDATION: It is recommended that the City Council: 1. Amend Mayor and Council Communication 22-0872 to adopt resolution authorizing condemnation by eminent domain to acquire 0.160 acres in permanent water facility easements and 0.149 acres for temporary construction easements from real property owned by Jay Frederick Bonds and John Millard Bonds, located at 2600 W. Bonds Ranch Road and the southwest comer of Saginaw Boulevard and W. Bonds Ranch Road in the George A. Criner Survey, Abstract No. 296 and I. & G.N. R.R. Co. Survey, Abstract No. 1956, Tarrant County, Texas; 2. Declare the necessity to acquire the described property interests for the Northside IV 24" Water Main Phase 1 B project (City Project No. 102687); 3. Declare that negotiations between the City and the property owner to acquire 0.160 acres in permanent water facility easements and 0.149 acres for temporary construction easements from real property owned by Jay Frederick Bonds and John Millard Bonds, located at 2600 W. Bonds Ranch Road and the southwest comer of Saginaw Boulevard and W. Bonds Ranch Road in the George A. Criner Survey, Abstract No. 296 and I. & G.N. R.R. Co. Survey, Abstract No. 1956, Tarrant County, Texas, were unsuccessful due to the inability to negotiate agreeable terms for the property interests being acquired by the City; 4. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use; 5. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interests from the property owner; 6. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and 7. Authorize the City Manager or his designee to accept and record the appropriate instruments. DISCUSSION: On October 25, 2022, the City Council authorized condemnation by eminent domain to acquire 0.16 acres in permanent sewer easements and 0.149 acres for temporary construction easements for the Northside IV 24" Water Main Phase 1 B Project (Mayor & Council Communication (M&C) 22-0872). However, after M&C 22-0872 was approved, an error in the documented property owner, council district and legal description were observed. Therefore, staff recommends that M&C 22-0872 be amended to note that the described subject properties are owned by Jay Frederick Bonds and John Millard Bonds; are located in the City of Fort Worth Extra Territorial Jurisdiction (ETJ) near Council District 7; and are situated in the George A. Criner Survey, Abstract No. 296 and I. & G.N. R.R. Co. Survey, Abstract No. 1956, Tarrant County, Texas. The land rights in the subject properties are needed for the construction, operation, maintenance, replacement, upgrade and repair of the permanent water line facility on the Northside IV 24" Water Main Phase 1 B project as necessary. This new 24-inch water transmission line will be constructed for public use, providing water to new development in the northern part of the City of Fort Worth (City). The line extends from Heritage Trace Parkway and generally follows the west side of Business 287 (Saginaw Boulevard) north to Bonds Ranch Road. The project includes a flow transfer station at Muscogee Drive that will maintain water quality in the line and allow for emergency transfer of water between the Northside III and Northside 1V pressure planes. A new Eagle Mountain -Saginaw Independent School District high school, located along Bonds Ranch Road, will also be relying on the waterfrom the Northside IV transmission line. The new school is scheduled to open in the Fall of 2024, contingent upon the City being able to acquire the necessary easements and construct the water line in time. An independent appraisal established fair market value for the various property interests (shown below) in the total amount of $28,103.00. Negotiations were unsuccessful due to the inability to negotiate agreeable terms for the property interests being acquired by the City. Upon approval, a condemnation action will be brought and a Special Commissioners' hearing held to acquire the permanent water facility and temporary construction easement interests on the property. Parcel Acreage 1 Property Legal Description No. Interest Parcel Legal Description Acreage / Property No. I Interest 15 II. & G.N. R.R. Co. Survey, A-1956, 110.080 Acres 1 Temporary Tract 2, Tarrant County, Texas IlConstruction Easement 17 1 I. & G.N. R.R. Co. Survey, A 1956, D.094 Acres 1 Permanent Tract 2, Tarrant County, Texas lWater Facility Easement 16 George A. Criner Survey, A- 0.069 Acres /Temporary 296, Tarrant County, Texas Construction Easement 18 George A. Criner Survey, A- 0.066 Acres 1 Permanent 296, Tarrant County, Texas Water Facility 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 0.160 acres in permanent water facility easements and 0.149 acres for temporary construction easements from real property owned by Jay Frederick Bonds and John Millard Bonds. The property interests are needed for the Northside IV Water Transmission Main project, a public use that will provide water to new development in the northem part of the City of Fort Worth. The land rights in the subject properties are needed for the construction, operation, maintenance, replacement, upgrade and repair of the permanent water line facility as necessary. The properties are located at 2600 W. Bonds Ranch Road and the southwest comer of Saginaw Boulevard and W. Bonds Ranch Road in the George A. Criner Survey, Abstract No. 296 and 1. & G.N, R.R. Survey, Abstract No. 1956, Tarrant County, Texas. The property interests to be acquired are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." Funding is budgeted in the W&S Rev Bonds Series 2021 Fund for the purpose of funding the NS IV 24 Water Main Phase 1 B project, as appropriated. This property is located in the ETJ near 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, W&S Rev Bond Series 2021 Fund for the NS IV 24 Water Main Phase 1 B project to support the approval of the above recommendations and acquisition of easements. Prior to any expenditure being incurred, the Water and Property Management Departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Marilyn Marvin 7708 Ricardo Salazar 8379 Additional in ormation Contact: Jeremy Van Rite 2574 Suzanne Abbe 8209